STATUTORY CONSTRUCTION ● Legislative power is vested in the Congress of
the Philippines – the Senate and the House of
the Representatives CHAPTER I ● Executive power is vested in the President of PRELIMINARY CONSIDERATIONS the Republic of the Philippines (Art. VII, Sec.1, Phil. Const.) ● Judicial power is vested in one Supreme Court STATUTORY CONSTRUCTION DEFINED and in such lower courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.) Statutory Construction – the art or process of discovering and expounding the meaning and Legislative – makes the law intention of the authors of the law with respect to Executive - executes the law its application to a given case, where that intention Judicial – interprets the law is rendered doubtful, among others, by reason of the fact that the given case is not explicitly Simply stated, the situs of construction and provided for in the law. interpretation of written laws belong to the judicial department. Justice Martin defines statutory construction as the art of seeking the intention of the legislature in It is the duty of the Courts of Justice to settle enacting a statute and applying it to a given state actual controversies involving rights which are of facts. legally demandable and enforceable, and to determine whether or not there has been a grave A judicial function is required when a statute is abuse of discretion amounting to lack or excess of invoked and different interpretations are in jurisdiction on the part of any branch or contention. instrumentality of the government.
Difference between judicial legislation and Supreme Court is the one and only Constitutional statutory construction: Court and all other lower courts are statutory Where legislature attempts to do several things courts and such lower courts have the power to one which is invalid, it may be discarded if the construe and interpret written laws. remainder of the act is workable and in no way depends upon the invalid portion, but if that portion is an integral part of the act, and its DUTY OF THE COURTS TO CONSTRUE AND excision changes the manifest intent of the act by INTERPRET THE LAW; REQUISITES broadening its scope to include subject matter or territory which was not included therein as 1. There must be an actual case or controversy, enacted, such excision is “judicial legislation” and 2. There is ambiguity in the law involved in the not “statutory construction”. controversy.
Ambiguity exists if reasonable persons can find CONSTRUCTION AND INTERPRETATION, different meanings in a statute, document, etc. DISTINGUISHED A statute is ambiguous if it is admissible of two or Construction is the drawing of conclusions with more possible meanings. respect to subjects that are beyond the direct expression of the text, while interpretation is the If the law is clear and unequivocal, the Court has process of discovering the true meaning of the no other alternative but to apply the law and not to language used. interpret.
Interpretation is limited to exploring the written Construction and interpretation of law come only text. Construction on the other hand is the after it has been demonstrated that application is drawing of conclusions, respecting subjects that lie impossible or inadequate without them. beyond the direct expressions of the text.
DIFFERENT KINDS OF CONSTRUCTION AND SITUS OF CONSTRUCTION AND INTERPRETATION INTERPRETATION Hermeneutics – the science or art of construction In our system of government: and interpretation.
Page | 1 on and passed by the legislature. It then becomes Legal hermeneutics – is the systematic body of a statute, the written will of the legislature rules which are recognized as applicable to the solemnly expressed according to the form construction and interpretation of legal writings. necessary to constitute it as the law of the state.
Dr. Lieber in his work on Hermeneutics gives the “Statute Law” is a term often used interchangeably following classification of the different kinds of with the word “statute”. Statute Law, however, is interpretation: broader in meaning since it includes not only statute but also the judicial interpretation and 1. Close interpretation – adopted if just reasons application of the enactment. connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known HOW DOES A BILL BECOMES A LAW – STEPS as “literal” interpretation. 2. Extensive interpretation – also called as liberal A bill before it becomes a law must pass the strict interpretation, it adopts a more comprehensive constitutional requirements explicit both in the signification of the words. 1973 Constitution and the 1987 Constitution. 3. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is Passage of a bill in a parliamentary system therefore not genuine interpretation. (unicameral assembly): 4. Free or unrestricted interpretation – proceeds a. A member of the National Assembly may simply on he general principles of introduce the proposed bill to the Secretary of interpretation in good faith, not bound by any the National Assembly who will calendar the specific or superior principle. same for the first reading. 5. Limited or restricted interpretation - influenced b. In the first reading, the bill is read by its by other principles than the strictly number and title only. hermeneutic ones. c. After the first reading, the bill is referred by the 6. Predestined interpretation – takes place when Speaker to the appropriate committee for the interpreter, laboring under a strong bias of study. At this stage, the appropriate committee mind, makes the text subservient to his will conduct public hearings. Then after the preconceived views and desires. public hearings, the committee shall decide whether or not to report the bill favorably or whether a substitute bill should be considered. SUBJECTS OF CONSTRUCTION AND Should there be an unfavorable report of the INTERPRETATION committee, then the proposed bill is dead. d. Upon favorable action by the committee, the Most common subjects of construction and bill is returned to the National Assembly and interpretation are the constitution and statutes shall be calendared for the second reading. which include ordinances. But we may also add e. In the second reading, the bill is read in its resolutions, executive orders and department entirety. circulars. f. Immediately after the second reading, the bill is set for open debates where members of the assembly may propose amendments and insertions to the proposed bill. CHAPTER II g. After the approval of the bill in its second STATUTES reading and at least three (3) calendar days before its final passage, the bill is printed in its final form and copies thereof distributed to LEGISLATIVE PROCEDURES each of the members. h. The bill is then calendared for the third and The power to make laws is lodged in the legislative final reading. At this stage, no amendment department of the government. shall be allowed. Only the title of the bill is read and the National Assembly will then vote A statute starts with a bill. on the bill. Under the present 1987b Constitution, after the third and final reading Bill – is the draft of a proposed law from the time at one House where the bill originated, it will go of its introduction in a legislative body through all to the other House where it will undergo the the various stages in both houses. It is enacted same process. into law by a vote of the legislative body. An “Act” i. After the bill has been passed, it will be is the appropriate term for it after it has been acted submitted to the Prime Minister (President) for Page | 2 approval. If he disapproves, he shall veto it c. Enacting clause – part of statute which and return the same with his objections to the declares its enactment and serves to identify it National Assembly (House where it originated), as an act of legislation proceeding from the and if approved by two-thirds of all its proper legislative authority. “Be enacted” is the members, shall become a law. Under the usual formula used to start this clause. present set-up, if the originating house will d. Body – the main and operative part of the agree to pass the bill, it shall be sent, together statute containing its substantive and even with the objections to the other house by which procedural provisions. Provisos and exceptions it shall be likewise be considered and must be may also be found. approved by two-thirds of the votes. Every bill e. Repealing Clause - announces the prior passed by Congress shall be acted upon by the statutes or specific provisions which have been President within thirty (30) days from receipt abrogated by reason of the enactment of the thereof. Otherwise, it shall become a law. new law. f. Saving Clause – restriction in a repealing act, which is intended to save rights, pending CONSTITUTIONAL TEST IN THE PASSAGE OF A proceedings, penalties, etc. from the BILL annihilation which would result from an unrestricted repeal. Three (3) very important constitutional g. Separability Clause – provides that in the requirements in the enactment of statute: event that one or more provisions or unconstitutional, the remaining provisions 1. Every bill passed by Congress shall embrace shall still be in force. only one subject which shall be expressed in h. Effectivity Clause – announces the effective the title thereof. The purposes of this date of the law. constitutional requirements are: ● To prevent hodge-podge or log-rolling legislation; KINDS OF STATUTES ● To prevent surprise or fraud upon the legislature; and 1. General Law – affects the community at large. ● To fairly apprise the people, through such That which affects all people of the state or all publications of legislative proceedings as is of a particular class. usually made, of the subjects of legislation that are being considered, in order that 2. Special Law – designed for a particular they may have opportunity of being heard purpose, or limited in range or confined to a thereon by petition or otherwise, if they prescribed field of action on operation. shall so desire. 2. No bill passed by either House shall become 3. Local Law – relates or operates over a law unless it has passed three readings on particular locality instead of over the whole separate days, and printed copies thereof in its territory of the state. final form have been distributed to each member three days before its passage. 4. Public Law – a general classification of law, 3. Every bill passed by the Congress shall, before consisting generally of constitutional, it becomes a law, be presented to the administrative, criminal, and international law, President. The executive approval and veto concerned with the organization of the state, power of the President is the third important the relations between the state and the people constitutional requirement in the mechanical who compose it, the responsibilities of public passage of a bill. officers of the state, to each other, and to private persons, and the relations of state to one another. Public law may be general, local PARTS OF STATUTE or special law.
a. Title – the heading on the preliminary part, 5. Private Law – defines, regulates, enforces and furnishing the name by which the act is administers relationships among individuals, individually known. It is usually prefixed to associations and corporations. the statute in the brief summary of its contents. 6. Remedial Statute – providing means or b. Preamble – part of statute explaining the method whereby causes of action may be reasons for its enactment and the objects affectuated, wrongs redressed and relief sought to be accomplished. Usually, it starts obtained. with “whereas”. Page | 3 7. Curative Statute – a form of retrospective Implied repeal – when a later statute contains legislation which reaches back into the past to provisions so contrary to irreconcilable with those operate upon past events, acts or transactions of the earlier law that only one of the two statutes in order to correct errors and irregularities and can stand in force. to render valid and effective many attempted acts which would otherwise be ineffective for The repeal of a penal law deprives the court of the purpose intended. jurisdiction to punish persons charged with a violation of the old penal law prior to its repeal. 8. Penal Statute – defines criminal offenses specify corresponding fines and punishments. Only a law can repeal a law.
9. Prospective Law – applicable only to cases The intention to repeal must be clear and manifest, which shall arise after its enactment. otherwise, at least, as a general rule, the later act is to be construed as a continuation of, and not a 10. Retrospective Law – looks backward or substitute for, the first act. contemplates the past; one which is made to affect acts or facts occurring, or rights Two (2) categories of repeal by implication: occurring, before it came into force. 1. Where provision in the two acts on the same subject matter are in an irreconcilable conflict; 11. Affirmative Statute – directs the doing of an 2. If the later act covers the whole subject of the act, or declares what shall be done in contrast earlier one and is clearly intended as a to a negative statute which is one that substitute – to be a complete and perfect prohibits the things from being done, or system in itself. declares what shall not be done.
12. Mandatory Statutes – generic term describing ORDINANCE statutes which require and not merely permit a course of action. Ordinance – an act passed by the local legislative body in the exercise of its law-making authority.
CONCEPT OF VAGUE STATUTES TEST OF VALID ORDINANCE Statues or act may be said to be vague when it lacks comprehensible standards those men “of 1. Must not contravene the Constitution or any common intelligence must necessarily guess at its statute; meaning and differ as to its application. 2. Must not be unfair or oppressive; Statute is repugnant to the Constitution in two (2) 3. Must not be partial or discriminatory; respects: 4. Must not prohibit but may regulate trade; 1. It violates due process for failure to accord 5. Must be general and consistent with public persons fair notice of conduct to avoid; and policy; and 2. It leaves law enforcers unbridled discretions. 6. Must not be unreasonable.
The Supreme Court held that the “vagueness” doctrine merely requires a reasonable degree of REASON WHY AN ORDINANCE SHOULD NOT certainty for the statute to be upheld--- not CONTRAVENE A STATUTE absolute precision or mathematical exactitude. Flexibility, rather than meticulous specificity, is Local councils exercise only delegated legislative permissible as long as the metes and bounds of the powers conferred on them by Congress as the statute are clearly delineated national law making body.
The delegate cannot be superior to the principal. REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED ROLE OF FOREIGN JURISPRUDENCE Express repeal – is the abrogation or annulling of a previously existing law by the enactment of a Philippine laws must necessarily be construed in subsequent statute which declares that the former accordance with the intention of its own law law shall be revoked and abrogated. makers and such intent may be deduced from the language of each law and the context of other local legislation related thereof. Page | 4 ● When the reason of the law ceases, the law itself ceases.
● Doctrine of necessary implications. What is implied in a statute is as much a part thereof as that which is expressed.
CHAPTER III BASIC GUIDELINES IN THE CONSTRUCTION CASUS OMISSUS AND INTERPRETATION OF LAWS When a statute makes specific provisions in regard to several enumerated cases or objects, but omits to make any provision for a case or object which is LEGISLATIVE INTENT analogous to those enumerated, or which stands upon the same reason, and is therefore within the The object of all interpretation and construction of general scope of the statute, and it appears that statutes is to ascertain the meaning and intention such case or object was omitted by inadvertence or of the legislature, to the end that the same may be because it was overlooked or unforeseen, it is enforced. called a “casus omissus”. Such omissions or defects cannot be supplied by the courts. Legislative intent is determined principally from the language of the statute. The rule of “casus omissus pro omisso habendus VERBA LEGIS est” can operate and apply only if and when the omission has been clearly established. If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning, that meaning is conclusively STARE DECISIS presumed to be the meaning which the legislature intended to convey. It is the doctrine that, when court has once laid down a principle, and apply it to all future cases, where facts are substantially the same, regardless STATUTES AS A WHOLE of whether the parties and properties are the same.
A cardinal rule in statutory construction is that legislative intent must be ascertained from a Stare Decisis. Follow past precedents and do not consideration of the statute as a whole and not disturb what has been settled. Matters already merely of a particular provision. A word or phrase decided on the merits cannot be relitigated again might easily convey a meaning which is different and again. from the one actually intended. “Stare decisis et non quieta movere” (follow past A statute should be construed as a whole because precedents and do not disturb what has been it is not to be presumed that the legislature has settled. used any useless words, and because it is dangerous practice to base the construction upon only a part of it, since one portion may be qualified CHAPTER IV by other portions. CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES
SPIRIT AND PURPOSE OF THE LAW
When the interpretation of a statute according to WHEN THE LAW DOES NOT DISTINGUISH, the exact and literal import of its words would lead COURTS SHOULD NOT DISTINGUISH to absurd or mischievous consequences, or would thwart or contravene the manifest purpose of the When the law does not distinguish, courts should legislature in its enactment, it should be construed not distinguish. The rule, founded on logic, is a according to its spirit and reason, disregarding or corollary of the principle that general words and modifying, so far as may be necessary, the strict phrases of a statute should ordinarily be accorded letter of the law. their natural and general significance.
Page | 5 The courts should administer the law not as they It is a general rule of statutory construction that think it ought to be but as they find it and without the express mention of one person, thing, or regard to consequences. consequence is tantamount to an express exclusion of all others. “Expressio unius est exclusio alterius”. ● If the law makes no distinction, neither should the Court. Except: ● When there is manifest of injustice ● When there is no reason for exception. EXCEPTIONS IN THE STATUTE
When the law does not make any exception, courts ASSOCIATED WORDS (NOSCITUR SOCIIS) may not except something unless compelling reasons exist to justify it. Where a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company of terms GENERAL AND SPECIAL TERMS in which it is found or with which it is associated.
General terms in a statute are to receive a general construction, unless retrained by the context or by USE OF NEGATIVE WORDS plain inferences from the scope and purpose of the act. Negative words and phrases regarded as mandatory while those affirmative are mere General terms or provisions in a statute may be directory. restrained and limited by specific terms or provisions with which they are associated. The word “shall” emphasizes mandatory character and means imperative, operating to impose a duty Special terms in a statute may sometimes be which may be enforced. expanded to a general signification by the consideration that the reason of the law is general. THE USE OF THE WORD “MAY” AND “SHALL” IN THE STATUTE GENERAL TERMS FOLLOWING SPECIAL TERMS (EJUSDEM GENERIS) Use of the word “may” in the statute generally connotes a permissible thing, and operates to It is a general rule of statutory construction that confer discretion while the word “shall” is where general words follow an enumeration of imperative, operating to impose a duty which may persons or things, by words of a particular and be enforced. specific meaning, such general words are not to be construed in their widest extent, but are to be held The term “shall” may be either as mandatory or as applying only to persons or things of the same directory depending upon a consideration of the general kind or class as those specifically entire provision in which it is found, its object and mentioned. But this rule must be discarded where consequences that would follow from construing it the legislative intention is plain to the contrary. one way or the other.
This rule is commonly called the “ejusdem generis” rule, because it teaches us that broad and USE OF THE WORD “MUST” comprehensive expressions in an act, such as “and all others”, or “any others”, are usually to be The word “must” in a statute like “shall” is not restricted to persons or things “of the same kind” always imperative and may be consistent with an or class with those specially named in the exercise discretion. preceding words.
Rule of ejusdem generis merely a tool of statutory THE USE OF THE TERM “AND” AND THE WORD construction resorted to when legislative intent is “OR” uncertain. “And” means conjunction connecting words or phrases expressing the idea that the latter is to be EXPRESS MENTION AND IMPLIED EXCLUSION added or taken along with the first.
Page | 6 “Or” is a disjunctive particle used to express as The theory is that, as the joint act of the legislative alternative or to give a choice of one among two or and executive authorities, a law is supposed to more things. It is also used to clarify what has have been carefully studied and determined to be already been said, and in such cases, means “in constitutional before it was finally enacted. other words,” “to wit,” or “that is to say.” All laws are presumed valid and constitutional until or unless otherwise ruled by the Court. COMPUTATION OF TIME
When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty five days each; months of PRESUMPTION AGAINST INJUSTICE thirty days; days of twenty –four hours; and nights from sunset to sunrise. The law should never be interpreted in such a way as to cause injustice as this never within the If months are designated by their name, they shall legislative intent. be computed by the number of days which they respectively have. We interpret and apply the law in consonance with justice. In computing a period, the first day shall be excluded, and the last day included (Art. 13, New Judges do not and must not unfeelingly apply the Civil Code). law as it is worded, yielding like robots to the literal command without regard to its cause and A “week” means a period of seven consecutive days consequence. without regard to the day of the week on which it begins. PRESUMPTION AGAINST IMPLIED REPEALS
FUNCTION OF THE PROVISO The two laws must be absolutely incompatible, and clear finding thereof must surface, before the Proviso is a clause or part of a clause in the inference of implied repeal may be drawn. statute, the office of which is either to except something from the enacting clause, or to qualify In the absence of an express repeal, a subsequent or restrain its generality, or to exclude some law cannot be construed as repealing a prior law possible ground of misinterpretation of its extent. unless an irreconcilable inconsistency and repugnancy exists in terms of the new and old “Provided” is the word used in introducing a laws. proviso.
PRESUMPTION AGAINST INEFFECTIVENESS CHAPTER V PRESUMPTIONS IN AID OF CONSTRUCTION In the interpretation of a statute, the Court should AND INTERPRETATION start with the assumption that the legislature PRESUMPTIONS intended to enact an effective statute.
In construing a doubtful or ambiguous statute, the Courts will presume that it was the intention of the PRESUMPTION AGAINST ABSURDITY legislature to enact a valid, sensible and just law, and one which should change the prior law no Statutes must receive a sensible construction such further than may be necessary to effectuate the as will give effect to the legislative intention so as specific purpose of the act in question. to avoid an unjust and absurd conclusion.
Presumption against undesirable consequences PRESUMPTION AGAINST were never intended by a legislative measure. UNCONSTITUTIONALITY
Laws are presumed constitutional. To justify PRESUMPTION AGAINST VIOLATION OF nullification of law, there must be a clear and INTERNATIONAL LAW unequivocal breach of the constitution.
Page | 7 Philippines as democratic and republican state adopts the generally accepted principles of international law as part of the law of the land and CHAPTER VI adheres to the policy of peace, equality, justice, INTRINSIC AIDS IN CONSTRUCTION AND freedom, cooperation, and amity with all nations. INTERPRETATION (Art. II, Sec. 2, Phil. Constitution).
INTRINSIC AIDS
CHAPTER VI The very term “intrinsic” means internal or within. INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION Intrinsic aids, therefore, are those aids within the statute.
If the language of the statute is clear and unequivocal, there is no need to resort to intrinsic INTRINSIC AIDS aids.
The term “intrinsic” means internal or within. In resorting to intrinsic aids, one must go back to Intrinsic aids, therefore, are those aids within the the parts of the statute. statute.
Intrinsic aids are resorted to only if there is THE TITLE OF THE LAW IS A VALUABLE ambiguity. In resorting to intrinsic aids, one must INTRINSIC AID IN DETERMINING LEGISLATIVE go back to the parts of the statute: the title, the INTENT preamble, context or body, chapter and section headings, punctuation, and interpretation. TEXT OF THE STATUTE AS INTRINSIC AID
CHAPTER VII Subtitle of the statute as intrinsic aid in EXTRINSIC AIDS IN CONSTRUCTION AND determining legislative intent. INTERPRETATION
PREAMBLE AS INTRINSIC AID EXTRINSIC AIDS The intent of the law as culled from its preamble These are existing aids from outside sources, and from the situation, circumstances and meaning outside of the four corners of the statute. conditions it sought to remedy, must be enforced. If there is any doubt as to the meaning of the statute, the interpreter must first find that out Preamble used as a guide in determining the intent within the statute. of the lawmaker.
Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids and still CHAPTER VII there remain some ambiguity in the statute. EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION Extrinsic aids resorted to by the courts are history of the enactment of the statute; opinions and rulings of officials of the government called upon to EXTRINSIC AIDS execute or implement administrative laws; contemporaneous construction by executive Extrinsic aids are existing aids from outside officers; actual proceedings of the legislative body; sources, meaning outside from the four corners of individual statements by members of congress; and the statute. the author of the law. Extrinsic aids are resorted to after exhausting all Other sources of extrinsic aids can be the reports the available intrinsic aids and still there remain and recommendations of legislative committees; some ambiguity in the statute. public policy; judicial construction; and construction by the bar. Extrinsic aids resorted to by the courts are: Page | 8 ● History of the enactment of the statute; Liberal interpretation or construction of the law or ● Opinions and rulings of officials of the rules, however, applies only in proper cases and government called upon to execute or under justifiable causes and circumstances. While implement administrative laws; it is true that litigation is not a game of ● Contemporaneous construction by technicalities, it is equally true that every case executive officers charged with must be prosecuted in accordance with the implementing and enforcing the provisions prescribed procedure to insure an orderly and of the statutes unless such interpretation is speedy administration of justice. clearly erroneous; ● Actual proceedings of the legislative body; ● Individual statements by members of PENAL STATUTES congress; and ● The author of the law Penal laws are to be construed strictly against the state and in favor of the accused. Hence, in the Other sources of extrinsic aids are: interpretation of a penal statute, the tendency is to ● Reports and recommendations of legislative subject it to careful scrutiny and to construe it committees; with such strictness as to safeguard the right of ● Public policy; the accused. ● Judicial construction; and ● Construction by the bar If the statute is ambiguous and admits of two reasonable but contradictory constructions, that It is a well-accepted principle that where a statute which operates in favor of a party accused under is ambiguous, courts may examine both the its provisions is to be preferred. printed pages of the published Act as well as those extrinsic matters that may aid in construing the meaning of the statute, such as the history of its TAX LAWS enactment, the reasons of the passage of the bill and purposes to be accomplished by the measure. Taxation is a destructive power which interferes with the personal and property rights of the people Individual statements by members of Congress on and takes from them a portion of their property for the floor do not necessarily reflect legislative intent. the support of the government.
The best interpreter of the law or any of its Accordingly, in case of doubt, tax statutes must be provisions is the author of the law. construed strictly against the government and liberally in favor of the taxpayer, for taxes, being burdens, are not to be presumed beyond what the CHAPTER VIII applicable statute expressly and clearly declares. STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION OF STATUTES Any claim for exemption from a tax statute is strictly construed against the taxpayer and GENERAL PRINCIPLES liberally in favor of the state.
If a statute should be strictly construed, nothing should be included within the scope that does not NATURALIZATION LAW come clearly within the meaning of the language used. Naturalization laws should be rigidly enforced and strictly construed in favor of the government and But the rule of strict construction is not applicable against the applicant. where the meaning of the statute is certain and unambiguous , for under these circumstances, there is no need for construction. INSURANCE LAW
On the other hand, there are many statutes which Contracts of Insurance are to be construed will be liberally construed. The meaning of the liberally in favor of the insured and strictly against statute may be extended to matters which come the insurer. Thus, ambiguity in the words of an within the spirit or reason of the law or within the insurance contract should be interpreted in favor evils which the law seeks to suppress or correct. of its beneficiary.
Page | 9 LABOR AND SOCIAL LEGISLATIONS contrary is made manifest either by the express terms of the statute or by necessary implication. Doubts in the interpretation of Workmen’s Compensation and Labor Code should be resolved The Civil Code of the Philippines follows the above in favor of the worker. It should be liberally rule thus: Laws shall have no retroactive effect, construed to attain their laudable objective, i.e., to unless the contrary is provided. give relief to the workman and/or his dependents in the event that the former should die or sustain Retroactive legislation is looked upon with disfavor, in an injury. as a general rule and properly so because of its tendency to be unjust and oppressive. The sympathy of the law on social security is towards its beneficiaries and the law by its own terms, requires a construction of utmost liberality PENAL STATUTES in their favor. Penal statutes as a rule are applied prospectively. Felonies and misdemeanors are punished under RETIREMENT LAWS the laws in force at the time of their commission. (Art. 366, RPC). Retirement laws are liberally interpreted in favor of the retiree because the intention is to provide for However, as an exception, it can be given the retiree’s sustenance and comfort, when he is retroactive effect if it is favorable to the accused no longer capable of earning his livelihood. who is not a habitual criminal. (Art. 22, RPC).
ELECTION RULES PROCEDURAL LAWS ARE RETROSPECTIVE
Statute providing for election contests are to be Statutes regulating the procedure of the Court will liberally construed to the end that the will of the be construed as applicable to actions pending and people in the choice of public officer may not be undermined at the time of their passage. However, defeated by mere technical objections. Rules of Procedure should not be given retroactive effect if it would result in great injustice and impair substantive right. RULES OF COURT Procedural provisions of the Local Government Rule of court shall be liberally construed in order Code are retrospective. to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. CURATIVE STATUTES
CHAPTER IX They are those which undertake to cure errors and PROSPECTIVE AND RETROSPECTIVE irregularities and administrative proceedings, and STATUTES which are designed to give effect to contracts and other transactions between private parties which otherwise would fail of producing their intended GENERAL PRINCIPLES consequences by reason of some statutory disability or failure to comply with some technical Prospective statute – is a statute which operates requirement. They are therefore retroactive in upon acts and transactions which have not their character. occurred when the statute takes effect, that is, which regulates the future. CHAPTER X CONFLICTING STATUTES Retrospective or retroactive law – is one which takes away or impairs vested rights acquired under existing laws, or creates new obligations and EFFECT SHOULD BE GIVEN TO THE ENTIRE imposes new duties, or attaches new disabilities in STATUTE respect of transaction already past. It may happen that in a statute, conflicting clauses A sound canon of statutory construction is that and provisions may arise. If such situation may statutes operate prospectively only and never occur, the statute must be construed as a whole. retrospectively, unless the legislative intent to the Page | 10
STATUTES IN PARI MATERIA Where the instrument is susceptible of two interpretations, one which will make it invalid and Statutes that relate to the same subject matter, or illegal and another which will make it valid and to the same class of persons or things, or have the legal, the latter interpretation should be adopted. same purpose or object. In case of conflict between an administrative order Statutes in pari materia are to be construed and the provisions of the Constitutions, the latter together; each legislative act is to be interpreted prevails. with reference to other acts relating to the same matter or subject. CHAPTER XI However, if statutes of equal theoritical application CONSTRUCTION AND INTERPRETATION OF to a particular case cannot be reconciled, the THE CONSTITUTION statute of later date must prevail being a later expression of legislative will. A constitution is a system of fundamental law for the governance and administration of a nation. It GENERAL AND SPECIAL STATUTES is supreme, imperious, absolute, and unalterable except by the authority from which it emanates. Sometimes we find statutes treating a subject in general terms and another treating a part of the Under the doctrine of constitutional supremacy, if same subject in particularly detailed manner. a law or contract violates any norm of the constitution, that law or contract whether If both statutes are irreconcilable, the general promulgated by the legislative, or by the executive statute must give way to the special or particular branch or entered into by private persons for provisions as an exception to the general private purposes is null and void and without any provisions. force or effect.
This is so even if the general statute is later enactment of the legislature and broad enough to ALL PROVISIONS OF THE CONSTITUTION ARE include the cases in special law unless there is SELF-EXECUTING; EXCEPTIONS manifest intent to repeal or alter the special law. Some constitutions are merely declarations of policies. Their provisions command the legislature STATUTE AND ORDINANCE to enact laws and carry out the purposes of the framers who merely establish an outline of If there is conflict an ordinance and a statute, the government providing for the different departments ordinance must give way. of the governmental machinery and securing certain fundamental and inalienable rights of citizens. It is a well-settled rule that a substantive law cannot be amended by a procedural law. Thus a constitutional provision is self-executing if the nature and extent of the right conferred and A general law cannot repeal a special law. the liability imposed are fixed by the constitution itself. In case of conflict between a general provision of a special law and a particular provision of a general Unless it is expressly provided that a legislative act law, the latter will prevail. is necessary to enforce a constitutional mandate, the presumption now is that all provisions of the When there is irreconcilable repugnancy between a constitution are self-executing. proviso and the body of a statute, the former prevails as latest expression of legislative intent. In case of doubt, the Constitution should be considered self-executing rather than The enactment of a later legislation which is non-self-executing, unless the contrary is clearly general law cannot be construed to have repealed a intended. special law. Non-self-executing provisions would give the A statute is superior to an administrative circular, legislature discretion to determine when, or thus the later cannot repeal or amend it. Page | 11 whether, they shall be effective, subordinated to the will of the law-making body. SPECIAL PROVISION PREVAILS OVER A GENERAL ONE
PROHIBITORY PROVISIONS GIVEN LITERAL Lex specialis derogant generali AND STRICT INTERPRETATION SUPREMA LEX
Guidelines in construction and interpretation of It is time-honored that the Constitution is the the constitution are stressed: Supreme Law of the land. It is the law of all laws. Hence, if there is conflict between a statute and the 1. The Court in construing a Constitution should Constitution, the statute shall yield to the bear in mind the object sought to be Constitution. accomplished by its adoption, and the evils, if any, sought to be prevented or remedied. 2. One provision of the Constitution is to be STARE DECISIS separated from all the others, to be considered alone, but that all provisions bearing upon a The rule of precedents. particular subject are to be brought into view and to be interpreted as to effectuate the great Judicial decisions applying or interpreting the laws purposes of the instrument. or the Constitution shall form part of the legal 3. The proper interpretation of the Constitution system of the Philippines. depends more on how it was understood by the people adopting it than the framer’s understanding thereof. CONCLUSION
The fundamental principle of constituitonal THE CONSTITUTIONAL PROVISION ON construction is to give effect to the intent of the NATURAL-BORN CITIZENS OF THE framers of the organic law and of the people PHILIPPINES GIVEN RETROACTIVE EFFECT adopting it.
Under THE 1973 Constitution, those born of Filipino fathers and those born of Filipino mothers with an alien father were placed on equal footing. CHAPTER XII They were both considered as natural-born RECENT CASES ON STATUTORY citizens. CONSTRUCTION
The constitutional provision is curative in nature. ● The term “may” is indicative of a mere possibility, an opportunity or an option. THE CONSTITUTION MUST BE CONSTRUED IN ITS ENTIRETY AS ONE, SINGLE DOCUMENT ● An implied repeal is predicated on a substantial conflict between the new and prior laws. LIBERAL CONSTRUCTION OF ONE TITLE OF ONE SUBJECT ● The abrogation or repeal of a law cannot be assumed; the intention to revoke must be A liberal construction of the “one title-one subject” clear and manifest. rule has been invariably adopted by the court so as not to cripple or impede legislation. ● When the law speaks in clear and categorical language, there is no occasion for The title expresses the general subject and all the interpretation. provisions are germane to the general subject. ● Penal laws must be construed strictly. Such rule is founded on the tenderness of the law RESIGNATION OF THE PRESIDENT UNDER THE for the rights of individuals and on the plain 1987 CONSTITUION IS NOT GOVERNED BY ANY principle that the power of punishment is FORMAL REQUIREMENT AS TO FORM. IT CAN vested in the Congress, not in the Judicial BE ORAL. IT CAN BE WRITTEN. IT CAN BE department. EXPRESS. IT CAN BE IMPLIED.
Page | 12 ● Where a requirement is made explicit and unambiguous terms, no discretion is left to the judiciary. It must see to it that the mandate is obeyed.
● Statutes that are remedial, or that do not create new or take away vested rights, do not fall…