Statutory Construction - First Half

Notes on Agpalo (2003) Statutory Construction Atty.
J Golangco
CHAPTER ONE: Statutes ENACTMENT OF STATUTES
IN GENERAL Legislative power, generally

 Power to make, alter and repeal laws
Laws, generally  Vested in congress – 1987 Constitution
 A whole body or system of law  President – 1973 & Freedom (PD and EO
 Rule of conduct formulated and made obligatory respectively)
by legitimate power of the state  Sangguniang barangay, bayan, panglungsod,
 Includes RA, PD, EO (president in the ex of panlalawigan – only within respective jurisdiction
legislative power), Presidential issuances – ordinances
(ordinance power) Jurisprudence, ordinances  Administrative or executive officer
passed by sanggunians of local government units.  Delegated power
 Issue rules and regulations to implement
Statutes, generally a specific law
 An act of legislature (Philippine Commission,
Phil. Legislature, Batasang Pambansa, Congress) Congress legislative power
 PD‘s of Marcos during the period of martial law  The determination of the legislative policy and its
1973 Constitution formulation and promulgation as a defined and
 EO of Aquino revolutionary period Freedom binding rule of conduct.
Constitution  Legislative power - plenary except only to such
limitations as are found in the constitution
 Public – affects the public at large
 general – applies to the whole state and Procedural requirements, generally
operates throughout the state alike upon  Provided in the constitution (for Bills, RA)
all people or all of a class.  Provided by congress – enactment of laws
 Special – relates to particular person or  Rules of both houses of congress (provided
things of a class or to a particular also by the Constitution)
community, individual or thing.
 Local Law – operation is confined to a Passage of bill
specific place or locality (e.g municipal  Proposed legislative measure introduced by a
ordinance) member of congress for enactment into law
 Private – applies only to a specific person or  Shall embrace only one subject which shall be
subject. expressed in the title
 Singed by authors
Permanent and temporary statutes  File with the Secretary of the House
 Permanent - one whose operation is not limited in  Bills may originate from either lower or upper
duration but continues until repealed. House
 Temporary - duration is for a limited period of  Exclusive to lower house
time fixed in the statute itself or whose life ceases  Appropriation
upon the happening of an event.  Revenue/ tariff bills
o E.g. statute answering to an emergency  Bills authorizing increase of public debt
 Bills of local application
Other classes of statutes  Private bills
 Prospective or retroactive – accdg. to application  After 3 readings, approval of either house (see
 Declaratory, curative, mandatory, directory, Art 6 Sec 26 (1))
substantive, remedial, penal – accdg. to operation  Secretary reports the bill for first reading
 According to form  First reading – reading the number and title,
o Affirmative referral to the appropriate committee for study and
o Negative recommendation
 Committee – hold public hearings and
Manner of referring to statutes submits report and recommendation for
 Public Acts – Phil Commission and Phil calendar for second reading
Legislature 1901- 1935  Second reading – bill is read in full (with
 Commonwealth Acts – 1936- 1946 amendments proposed by the committee) – unless
 Republic Acts – Congress 1946- 1972, 1987 ~ copies are distributed and such reading is
 Batas Pambansa – Batasang Pambansa dispensed with
 Identification of laws – serial number and/or title
Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  1

Notes on Agpalo (2003) Statutory Construction Atty. J Golangco
o Bill will be subject to debates, motions o no transfer of appropriations xxx

and amendments authority to augment
o Bill will be voted on o discretionary funds – for public purposes
o A bill approved shall be included in the o general appropriations bills – when re-
calendar of bills for 3rd reading enacted
 Third reading – bill approved on 2nd reading will o President my veto any particular item/s in
be submitted for final vote by yeas and nays, an appropriation revenue, or tariff bill.
 Bill approved on the 3rd reading will be
transmitted to the ―Other House‖ for concurrence Authentication of bills
(same process as the first passage)  Before passed to the President
o If the ―Other House‖ approves without  Indispensable
amendment it is passed to the President  By signing of Speaker and Senate President
o If the ―Other House‖ introduces
amendments, and disagreement arises, Unimpeachability of legislative journals
differences will be settled by the  Journal of proceedings
Conference Committees of both houses  Conclusive with respect to other matters that are
o Report and recommendation of the 2 required by the Constitution
Conference Committees will have to be  Disputable with respect to all other matters
approved by both houses in order to be  By reason of public policy, authenticity of laws
considered pass should rest upon public memorials of the most
 President permanent character
o Approves and signs  Should be public
o Vetoes (within 30 days after receipt)
o Inaction Enrolled bill
 If the President vetoes – send back to the House  Bills passed by congress authenticated by the
where it originated with recommendation Speaker and the Senate President and approved by
o 2/3 of all members approves, it will be the President
sent to the other house for approval  Importing absolute verity and is binding on the
o 2/3 of the other house approves – it shall courts
become a law o It carries on its face a solemn assurance
o If president did not act on the bill with in that it was passed by the assembly by the
30 days after receipt, bill becomes a law legislative and executive departments.
 Summary : 3 ways of how a bill becomes a law.  Courts cannot go behind the enrolled act to
 President signs discover what really happened
 inaction of president with in 30 days after o If only for respect to the legislative and
receipt executive departments
 vetoed bill is repassed by congress by 2/3
 Thus, if there has been any mistake in the printing
votes of all its members, each house voting
of the bill before it was certified by the officer of
separately. the assembly and approved by the Chief
Executive, the remedy is by amendment by
Appropriations and revenue bills enacting a curative legislation not by judicial
 Same as procedure for the enactment of ordinary decree.
bills  Enrolled bill and legislative journals - Conclusive
 Only difference is that they can only originate upon the courts
from the Lower House but the Senate may  If there is discrepancy between enrolled bill and
propose/ concur with the amendments
journal, enrolled bill prevails.
 Limitations of passage (as per Constitution) Art 6
Sec. 27 (2) Withdrawal of authentication, effect of
o congress may not increase the  Speaker and Senate President may withdraw if
appropriation recommended by the there is discrepancy between the text of the bill as
President XXX
deliberated and the enrolled bill.
o particular appropriation limited
 Effect:
o procedure for Congress is the same to all
o Nullifies the bill as enrolled
other department/ agencies (procedure
o Losses absolute verity
for approving appropriations )
o Courts may consult journals
o special appropriations – national
treasurer/ revenue proposal

PARTS OF STATUTES same Constitutional restriction as that embodied in

the Philippine Constitution)
Title of statute
 Mandatory law - Every bill passed by Congress When requirement not applicable
shall embrace only one subject which shall be  Apply only to bills which may thereafter be
expressed in the title thereof (Art 6, Sec 26 (1) enacted into law
1987 Constitution)  Does not apply to laws in force and existing at the
 2 limitations upon legislation time the 1935 Constitution took effect.
o To refrain from conglomeration, under  No application to municipal or city ordinances.
one statute, of heterogeneous subjects
o Title of the bill should be couched in a Effect of insufficiency of title
language sufficient to notify the  Statute is null and void
legislators and the public and those  Where, the subject matter of a statute is not
concerned of the import of the single sufficiently expressed in its title, only so much of
subject. the subject matter as is not expressed therein is
void, leaving the rest in force, unless the invalid
Purposes of requirement (on 1 subject) provisions are inseparable from the others, in
 Principal purpose: to apprise the legislators of the which case the nullity the former vitiates the latter
object, nature, and scope of the provision of the
bill and to prevent the enactment into law of Enacting clause
matters which have not received the notice, action  Written immediately after the title
and study of the legislators.  States the authority by which the act is enacted
o To prohibit duplicity in legislation
 In sum of the purpose 
o To prevent hodgepodge/ log-rolling  #1 - Phil Commission – ― By authority of the
legislation President of the US, be it enacted by the US
o To prevent surprise or fraud upon the Philippine Commission‖
legislature  #2 - Philippine Legislature- ― by authority of the
o To fairly apprise the people, through US, be it enacted by the Philippine Legislature‖
publication of the subjects of the  #3 - When #2 became bicameral: ―Be it enacted
legislation by the Senate and House of Representatives of the
o Used as a guide in ascertaining Philippines in legislature assembled and by
legislative intent when the language of authority of the same‖
the act does not clearly express its  #4 - Commonwealth- ―Be it enacted by the
purpose; may clarify doubt or ambiguity. National Assembly of the Philippines
 #5 – when #4 became bicameral: ―be it enacted by
How requirement construed
the Senate and House of Representatives in
 Liberally construed congress assembled‖ – same 1946-1972/1987-
 If there is doubt, it should be resolved against the present.
doubt and in favor of the constitutionality of the  #6 – Batasang Pambansa: ―Be it enacted by the
statute Batasang Pambansa in session assembled‖
 #7 – PD ― NOW THEREFORE, I ______
When there is compliance with requirement
President of the Philippines, by the powers vested
 Comprehensive enough - Include general object in me by the Constitution do hereby decree as
 If all parts of the law are related, and are germane follows‖
to the subject matter expressed in the title  #8 – EO ―Now, therefore, I, ____ hereby order‖
 Title is valid where it indicates in broad but clear
terms, the nature, scope and consequences of the Preamble
law and its operations  Defined – prefatory statement or explanation or a
 Title should not be a catalogue or index of the bill finding of facts, reciting the purpose, reason, or
 Principles apply to titles of amendatory acts. occasion for making the law to which it is
o Enough if it states ―an act to amend a prefixed‖
specific statute‖  Found after enacting clause and before the body of
 Need not state the precise nature of the the law.
amendatory act.  Usually not used by legislations because content
 US Legislators have titles ending with the words of the preamble is written in the explanatory note.
―and for other purposes‖ ( US is not subject to the  But PDs and EOs have preambles.

Purview of statute  AO
 that part which tells what the law is about o acts of the President which relate to
 body of statute should embrace only one subject particular aspects of governmental
should only one subject matter, even there operations in pursuance of his duties as
provisions should be allied and germane to the administrative head
subject and purpose of the bill.  Proclamations
 Statue is usually divided into section. w/c contains o acts of the President fixing a date or
a single proposition. declaring a statute or condition of public
 Parts moment or interest, upon the existence of
o short title which the operation of a specific law or
o policy section regulation is made to depend
o definition section  MO
o administrative section o acts of the President on matters of
o sections prescribing standards of conduct administrative details or of subordinate
o sections imposing sanctions for violation or temporary interest which only concern
of its provisions a particular officer or office of
o transitory provision government
o separability clause  MC
o effectivity clause o acts of the president on matters relating
to internal administration which the
Separability clause President desires to bring to the attention
 it states that if any provision of the act is declared of all or some of the departments,
invalid, the remainder shall not be affected agencies, bureaus, or offices of the
thereby. government, for information of
 It is not controlling and the courts may invalidate compliance
the whole statute where what is left, after the void  General or Specific Order
part, is not complete and workable o Acts and commands of the President in
 Presumption – statute is effective as a whole his capacity as Commander-in-Chief of
 its effect: to create in the place of such the AFP
presumption the opposite of separability.
Supreme Court circulars; rules and regulations
PRESIDENTIAL ISSUANCES, RULES AND  See Art 8, Sec. 5(5) 1987 Constitution
ORDINANCES  See Art. 6, Sec. 30 1987 Constitution
 It has been held that a law which provides that a
Presidential issuances decision of a quasi-judicial body be appealable
 are those which the president issues in the exercise directly to the SC, if enacted without the advice
of ordinance power. and concurrence of the SC, ineffective
 i.e. EO, AO (administrative orders), o Remedy or applicable procedure – go to
proclamations, MO (memorandum orders), MC CA
(memorandum circulars), and general or special  Rules of Court – product of the rule-making
orders. power of the SC
 Have force and effect of laws. o Power to repeal procedural rules
 EO o No power to promulgate rules
o acts of the President providing for rules substantive in nature (unlike the
of a general or permanent character in the legislative department)
implementation or execution of  Substantive rules – if it affects or takes away
constitutional/ statutory powers. vested rights; right to appeal
o do not have the force and effect of laws  Procedural rules – means of implementing
enacted by congress existing right; where to file an appeal for
o different from EO issued by the President transferring the venue
in the ex of her legislative power during  Rules and regulations issued by the administrative
the revolution Presidential decree under or executive officers in accordance with and
the freedom constitution authorized by law, have the force and effect of law
o Requisites for validity
 Rules should be germane to the
objects and purposes of the law

 Regulations be not in Municipal ordinance

contradiction with, but conform  Lodged in the Sangguniang bayan
to, the standards that the law  Majority of the quorum voting, ordinance is
prescribes passed
 The be for the sole purpose of  Ordinance sent to Mayor within 10 days for
carrying into effect the general approval or veto; if there‘s mayor‘s inaction,
provisions of the law ordinance is presumed approved; if vetoed and
o Law cannot be restricted or extended overridden by 2/3 of all members, ordinance is
o Law prevails over regulations, if there approved
are discrepancies  Approved ordinance is passed to Sangguniang
 Rule-making power of public administrative panlalawigan for review
agency is a delegated legislative power – if it o Within 30 days may invalidate in whole
enlarges or restricts such statute is invalid or in part and its action is final; if there‘s
 Requisites for delegating a statute by legislative inaction within 30 days, it is deemed
branch to another branch of government to fill in valid
details, execution, enforcement, or administration
of law…. the law must be: City ordinance
o Complete in itself  Vested in Sangguniang panglungsod
o Fix a standard which may be express or  Majority of the quorum voting, ordinance is
implied passed
 Example of ―standard‖ –  Submitted to Mayor within 10 days
simplicity and dignity; public o Approve
interest; public welfare; interest o Veto – 2/3 of all members – approved
of law and order; justice and o Inaction – deemed approved
equity and substantial merit of  If city or component city – submit to Sangguniang
the case; adequate and efficient panlalawigan for review which shall take action
instruction within 30 days, otherwise, it will be deemed valid
 Example:
o Change of ―and/or‖ to ―or‖ – invalid Provincial ordinance
o Change of ―may‖(permissive) to ―shall‖  Sangguniang panlalawigan – majority of quorum
(mandatory) – invalid (Grego v voting, passage of ordinance
COMELEC pp 22)  Forwarded to the Governor who within 15 days
from receipt shall
Administrative rule and interpretation distinguished o Approve
 Rule – ―makes‖ new law with the force and effect o Veto – 2/3 of all members – approved
of a valid law; binding on the courts even if they o Inaction – deemed approved
are not in agreement with the policy stated therein
or with its innate wisdom VALIDITY
 Interpretation – merely advisory for it is the courts
that finally determine what the law means Presumption of constitutionality
 Administrative construction is not necessarily  Every statute is presumed valid
binding upon the courts; it may be set aside by o Lies on how a law is enacted
judicial department (if there is an error of law, or o Due respect to the legislative who passed
abuse of power or lack of jurisdiction or GAD – and executive who approved
grave abuse of discretion) o Responsibility of upholding the
constitution rests not on the courts alone
Barangay ordinance but on the legislative and executive
 Sangguniang barangay – smallest legislative body; branches as well
may pass an ordinance by majority of all its  Courts cannot inquire into the wisdom or
members; subject to review by Sangguniang propriety of laws
bayan/ panglungsod  To declare a law unconstitutional, the repugnancy
 Sangguniang bayan/ panglungsod – take action on of the law to the constitution must be clear and
the ordinance within 30 days from submission; if unequivocal
there‘s inaction, it is presumed to be consistent  All reasonable doubts should be resolved in favor
with the municipal or city ordinance; if of the constitutionality of law; to doubt is to
inconsistency is found, it will remand to the sustain
Sangguniang barangay

 Final arbiter of unconstitutionality of law is the  Member of the Senate or of the House has legal
Supreme Court EN BANC (majority who took standing to question the validity of the
part and voted thereon) Presidential veto or a condition imposed on an
 Nonetheless, trial courts have jurisdiction to item in an appropriations bills
initially decide the issue of constitutionality of a  SC may, in its discretion, take cognizance of a suit
law in appropriate cases which does not satisfy the requirement of legal
standing
Requisites for exercise of judicial power o E.g. calling by the President for the
 The existence of an appropriate case deployment of the Philippine Marines to
 Interest personal and substantial by the party join the PNP in visibility patrols around
raising the constitutional question the metro
 Plea that the function be exercised at the earliest
opportunity When to raise constitutionality
 Necessity that the constitutional question be  xxx at the earliest possible opportunity – i.e. in the
passed upon in order to decide the case pleading
 it may be raised in a motion for reconsideration /
Appropriate case new trial in the lower court; or
 Bona fide case – one which raises a justiciable  in criminal cases – at any stage of the proceedings
controversy or on appeal
 Judicial power is limited only to real, actual,  in civil cases, where it appears clearly that a
earnest, and vital controversy determination of the question is necessary to a
 Controversy is justiciable when it refers to matter decision, and in cases where it involves the
which is appropriate for court review; pertains to jurisdiction of the court below
issues which are inherently susceptible of being
decided on grounds recognized by law Necessity of deciding constitutionality
 Courts cannot rule on ―political questions‖ –  where the constitutional question is of paramount
questions which are concerned with issues public interest and time is of the essence in the
dependent upon the wisdom (v. legality) of a resolution of such question, adherence to the strict
particular act or measure being assailed procedural standard may be relaxed and the court,
o ―separation of powers‖ in its discretion, may squarely decide the case
o However, Constitution expands the  where the question of validity, though apparently
concept of judicial review – judicial has become moot, has become of paramount
power includes the duty of the courts of interest and there is undeniable necessity for a
justice to settle actual controversies ruling, strong reasons of public policy may
involving rights which are legally demand that its constitutionality be resolved
demandable and enforceable and to
determine whether or not there has been Test of constitutionality
GAD amounting to lack or excess of  … is what the Constitution provides in relation to
jurisdiction on the branch or the part of what can or may be done under the statute, and
any branch/ instrumentality of the not by what it has been done under it.
Government o If not within the legislative power to
enact
Standing to sue o If vague – unconstitutional in 2 respects
 Legal standing or locus standi – personal/  Violates due process
substantial interest in the case such that the party  Leaves law enforcers unbridled
has sustained or will sustain direct injury as a discretion in carrying out its
result of governmental act that is being challenged provisions
 ―interest‖ – an interest in issue affected by the o Where there‘s a change of circumstances
decree – i.e. emergency laws
 Citizen – acquires standing only if he can establish  Ordinances (test of validity are):
that he has suffered some actual or threatened o It must not contravene the Constitution or
concrete injury as a result of the allegedly illegal any statute
conduct of the government o It must not be unfair or oppressive
o E.g. taxpayer – when it is shown that o It must not be partial or discriminatory
public funds have been illegally o It must not prohibit but may regulate
disbursed trade

o It must be general and consistent with private, unless there are special laws
public policy providing a different effectivity
o It must not be unreasonable mechanism for particular statutes
 Sec 18 Chapter 5 Book 1 of Administrative Code
Effects of unconstitutionality  Effectivity of laws
 It confers no rights o default rule – 15-day period
 Imposes no duties o must be published either in the OG or
 Affords no protection newspaper of general circulation in the
 Creates no office country; publication must be full
 In general, inoperative as if it had never been  The clause ―unless it is otherwise provided‖ –
passed solely refers to the 15-day period and not to the
 2 views: requirement of publication
o Orthodox view – unconstitutional act is
not a law; decision affect ALL When Presidential issuances, rules and regulations take
o Modern view – less stringent; the court in effect
passing upon the question of  The President‘s ordinance power includes the
unconstitutionality does not annul or authority to issue EO, AO, Proclamations, MO,
repeal the statute if it finds it in conflict MC and general or specific orders
with the Constitution; decisions affects  Requirement of publication applies except if it is
parties ONLY and no judgment against merely interpretative or internal in nature not
the statute; opinion of court may operate concerning the public
as a precedent; it does not repeal,  2 types:
supersede, revoke, or annul the statute o Those whose purpose is to enforce or
implement existing law pursuant to a
Invalidity due to change of conditions valid delegation or to fill in the details of
 Emergency laws a statute; requires publication
 It is deemed valid at the time of its enactment as o Those which are merely interpretative in
an exercise of police power nature or internal; does not require
 It becomes invalid only because the change of publication
conditions makes its continued operation violative  Requirements of filing (1987 Administrative
of the Constitution, and accordingly, the Code):
declaration of its nullity should only affect the o Every agency shall file with the UP Law
parties involved in the case and its effects applied Center 3 certified copies of every rule
prospectively adopted by it. Rules in force on the date
of effectivity of this Code which are not
Partial invalidity filed within 3 months from that date shall
 General rule: that where part of a statute is void as not thereafter be the basis of any sanction
repugnant to the Constitution, while another part against any party/ persons
is valid, the valid portion, if separable from the
invalid, may stand and be enforced When local ordinance takes effect
 Exception – that when parts of a statute are so  Unless otherwise stated, the same shall take effect
mutually dependent and connected, as conditions, 10 days from the date a copy is posted in a
considerations, inducements, or compensations for bulletin board at the entrance of the provincial
each other, as to warrant a belief that the capitol or city, municipality or barangay hall,
legislature intended them as a whole, the nullity of AND in at least 2 other conspicuous places in the
one part will vitiate the rest – such as in the case local government unit concerned
of Tatad v Sec of Department of Energy and  The secretary to the Sangguinian concerned shall
Antonio v. COMELEC cause the posting not later than 5 days after
approval; text will be disseminated in English or
EFFECT AND OPERATION Tagalog; the secretary to the Sangguinian
concerned shall record such fact in a book kept for
When laws take effect that purpose, stating the dates of approval and
 Art 2 CC - ―xxx laws to be effective must be posting
published either in the Official Gazette or in a  Gist of ordinance with penal sanctions shall be
newspaper of general circulation in the country‖ published in a newspaper of general circulation
o The effectivity provision refers to all within the respective province concerned; if NO
statutes, including those local and newspaper of general circulation in the province,

POSTING shall be made in all municipalities and  Construction is drawing of warranted conclusions
cities of the province where the Sanggunian of beyond direct expression of the text expressions
origin is situated which are in spirit though not within the text.
 For highly urbanized and independent component  xxx inevitably, there enters into the construction
cities, main features of the ordinance, in addition of statutes the play of JUDICIAL JUDGMENT
to the posting requirement shall be published once within the limits of the relevant legislative
in a local newspaper. In the absence of local materials
newspaper, in any newspaper of general  it involves the EXERCISE OF CHOICE BY THE
circulation JUDICIARY
o Highly urbanized city – minimum
population of 200,000 and with latest Construction and interpretation distinguished
annual income of at least 50M Php  They are so alike in practical results and so are
used interchangeably; synonymous.
Statutes continue in force until repealed
 Permanent/ indefinite – law once established Construction Interpretation
continues until changed by competent legislative - process of drawing - art of finding the true
power. It is not changed by the change of warranted conclusions not meaning and sense of any
sovereignty, except that of political nature always included in direct form of words
 Temporary – in force only for a limited period, expressions, or determining
and they terminate upon expiration of the term the application of words to
stated or upon occurrence of certain events; no facts in litigation
repealing statute is needed
Rules of construction, generally
Territorial and personal effect of statutes  Rules of statutory construction are tools used to
 All people within the jurisdiction of the ascertain legislative intent.
Philippines  NOT rules of law but mere axioms of experience
 In enacting a statute, the legislature is presumed to
Manner of computing time know the rules of statutory construction, in case of
 See Art. 13 CC doubt, be construed in accordance with the settled
 Where a statute requires the doing of an act within principles of interpretation.
a specified number of days, such as ten days from  Legislature sometimes adopts rules of statutory
notice, it means ten calendar days and NOT ten construction as part of the provisions of the
working days statute: - see examples page 49-50
 E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947  Legislature also defines to ascertain the meaning
 If last day falls on a Sunday or holiday, the act can of vague, broad words/ terms
still be done the following day
 Principle of ―exclude the first, include the last‖ Purpose of object of construction
DOES NOT APPLY to the computation of the  The purpose is to ascertain and give effect to the
period of prescription of a crime, in which rule, is intent of the law.
that if the last day in the period of prescription of  The object of all judicial interpretation of a statute
a felony falls on a Sunday or legal holiday, the is to determine legislative intent, either expressly
information concerning said felony cannot be filed or impliedly, by the language used; to determine
on the next working day, as the offense has by the meaning and will of the law making body and
then already prescribed discover its true interpretations of law.
CHAPTER TWO: Construction and Interpretation Legislative intent, generally

 … is the essence of the law
NATURE AND PURPOSE  Intent is the spirit which gives life to legislative
enactment. It must be enforced when ascertained,
Construction defined although it may not be consistent with the strict
 Construction is the art or process of discovering letter of the statute. It has been held, however, that
and expounding the meaning and intention of the that the ascertainment of legislative intent depend
authors of the law, where that intention rendered more on a determination of the purpose and object
doubtfully reason of ambiguity in its language or of the law.
of the fact that the given case is not explicitly  Intent is sometimes equated with the word
provided for in the law. ―spirit.‖

 While the terms purpose, meaning, intent, and that meaning. The legal act is made up of 2
spirit are oftentimes interchangeably used by the elements:
courts, not entirely synonymous o internal – intention
o external- expression
Legislative purpose  Failure of the latter may defeat the former
 A legislative purpose is the reason why a
particular statute was enacted by legislature. Where legislative intent is ascertained
 Legislation ―is an active instrument and  The primary source of legislative intent is the
government which, for the purpose of statute itself.
interpretation means that laws have ends to be  If the statute as a whole fails to indicate the
achieved‖ legislative intent because of ambiguity, the court
may look beyond the statute such as:
Legislative meaning o Legislative history – what was in the
 Legislative meaning is what the law, by its legislative mind at the time the statute
language, means. was enacted; what the circumstances
 What it comprehends; were; what evil was meant to be
 What it covers or embraces; redressed
 What its limits or confines are. o Purpose of the statute – the reason or
 Intent and Meaning – synonymous cause which induced the enactment of the
 If there is ambiguity in the language used in a law, the mischief to be suppressed, and
statute, its purpose may indicate the meaning of the policy which dictated its passage
the language and lead to what the legislative intent o when all these means fail, look into the
is effect of the law.
 If the 3rd means (effect of the
Graphical illustration – law) is first used, it will be
judicial legislation
Federation of Free Farmers v CA.
 RA No. 809 Sec. 1 – ―In absence of a written POWER TO CONSTRUE
milling agreements between the majority of the
planters and the millers, the unrefined sugar as Construction is a judicial function
well as all by-products shall be divided between  It is the court that has the final word as to what the
them‖ law means.
 RA 809 Sec. 9 – ―The proceeds of any increase in  It construes laws as it decide cases based on fact
participation granted by the planters under this act and the law involved
and above their present share shall be divided  Laws are interpreted in the context of a peculiar
between the planter and his laborer in the factual situation of each case
proportion of 60% laborer and 40% planter‖  Circumstances of time, place, event, person and
 To give literal import in interpreting the two particularly attendant circumstances and actions
section will defeat the purpose of the Act before, during and after the operative fact have
 The purpose: taken their totality so that justice can be rationally
o Continuous production of sugar and fairly dispensed.
o To grant the laborers a share in the  Moot and academic –
increased participation of planters in the o Purpose has become stale
sugar produce o No practical relief can be granted
 The legislative intent is, thus to make the act o Relief has no practical effect
operative irrespective of whether there exists a  General rule (on mootness) – dismiss the case
milling agreement between central and the sugar o Exception:
planters.  If capable of repetition, yet
evading review
Matters inquired into in construing a statute  Public interest requires its
 ―It is not enough to ascertain the intention of the resolution
statute; it is also necessary to see whether the  Rendering decision on the
intention or meaning has been expressed in such a merits would be of practical
way as to give it legal effect or validity‖ value
 Thus: The object of inquiry is not only to know
what the legislature used sufficiently expresses

Legislative cannot overrule judicial construction construction of the statute is modified or set aside
 It cannot preclude the courts from giving the accordingly.
statute different interpretation
 Legislative – enact laws When court may construe statute
 Executive- to execute laws  ―The court may construe or interpret a statute
 Judicial- interpretation and application under the condition that THERE IS DOUBT OR
 If the legislature may declare what a law means – AMBIGUITY‖
it will cause confusion…it will be violative of the  Ambiguity – a condition of admitting 2 or more
fundamental principles of the constitution of meanings. Susceptible of more than one
separation powers. interpretation.
 Legislative construction is called resolution or  Only when the law is ambiguous or doubtful of
declaratory act meaning may the court interpret or construe its
intent.
Endencia v David
 Explains why legislative cannot overrule Supreme Court may not construe where statute is clear
Court‘s decision  A statute that is clear and unambiguous is not
susceptible of interpretations.
Perfecto v. Meer  First and fundamental duty of court – to apply the
 Art. 8 Sec. 9 1935 Constitution – SC‘s law
interpretation: ―shall receive such compensation  Construction – very last function which the court
as may be fixed by law, which shall not be should exercise
diminished during their continuance in office‖ –  Law is clear – no room for interpretation, only
exempt from income tax room for application
 Legislative passed RA 590 Sec. 13 – ―no salary  Courts cannot enlarge or limit the law if it is clear
whenever received by any public officer of the and free from ambiguity (even if law is harsh or
Republic shall be considered exempt from the onerous
income tax, payment of which is hereby declared  A meaning that does not appear nor is intended or
not to be a diminution of his compensation fixed reflected in the very language of the statute cannot
by the Constitution or by law‖ be placed therein by construction
 Source of confusion
 Violative of principle on separation of powers Manikan v. Tanodbayan
 RA 590 Sec 13 – unconstitutional  Sec. 7 PD 1716-A – ―sole police authority‖ of
 Art 8 Sec. 9 1935 – repealed by Art. 15 Sec. 6 EPZA officials may not be construed as an
1973 Constitution – ―no salary or any form of exception to, or limitation on, the authority of the
emolument of any public officer or employee, Tanodbayan to investigate complaints for
including constitutional officers, shall be exempt violation of the anti-graft law committed by the
from payment of income tax‖ EPZA officials
 Thus, judiciary is not exempt from payment of tax  EPZA‘s power – not exclusive; ―sole‖ refers to
anymore police authority not emplyed to describe other
power
When judicial interpretation may be set aside
 ―Interpretations may be set aside.‖ The Lapid v. CA
interpretation of a statute or a constitutional  Issue: whether or not the decision of the
provision by the courts is not so sacrosanct as to Ombudsman imposing a penalty of suspension of
be beyond modification or nullification. one year without pay is immediately executory
 The Supreme Court itself may, in an appropriate  Administrative Code and LGC – not suppletory to
case change or overrule its previous construction. Ombudsman Act
 The rule that the Supreme Court has the final  These three laws are related or deal with public
word in the interpretation or construction of a officers, but are totally different statutes
stature merely means that the legislature cannot,
by law or resolution, modify or annul the judicial  An administrative agency tasked to implement a
construction without modifying or repealing the statute may not construe it by expanding its
very statute which has been the subject of meaning where its provisions are clear and
construction. It can, and it has done so, by unambiguous
amending or repealing the statute, the
consequence of which is that the previous judicial

Land Bank v. CA Co. v. CA

 DAR interpreted ―deposits‖ to include trust  On BP 22, Co is acquitted in relying on the
accounts‖ Circular issued; Que doctrine, which convicted
 SC held that ―deposits‖ is limited only to cash and Que under BP 22, was not given retroactive
LBP bonds application
Libanan v. HRET Roa v. Collector of Customs

 Issue: whether ballots not signed at the back by  Used jus soli (place of birth)
the chairman of the Board of Election Inspectors  SC favored jus sanguinis (by blood)
(BEI) are spurious, since it violated Sec. 24 RA  However, the abandonment of the principle of jus
7166 soli did not divest the citizenship of those who, by
 Held: not spurious; only renders the BEI virtue of the principle before its rejection, became
accountable of were declared citizens of the Philippines
Rulings of Supreme Court part of legal system Benzonan v. CA

 Art. 8 CC – ―Judicial decisions applying or  Issue: when to count the 5-year period to
interpreting the laws or the Constitution shall form repurchase land granted CA 141
part of the legal system of the Philippines‖  Monge v Angeles (1957) and Tupas v Damaso
 Legis interpretato legis vim obtinet – authoritative (1984) – from the date of conveyance or
interpretation of the SC of a statute acquires the foreclosure sale
force of law by becoming a part thereof as of the  Belisario v. IAC (1988) – from the period after the
date of its enactment , since the court‘s expiration of the 1-year period of repurchase
interpretation merely establishes the  The SC held that the doctrine that should apply is
contemporaneous legislative intent that the statute that which was enunciated in Monge and Tupas
thus construed intends to effectuate because the transactions involved took place prior
 Stare decisis et non quieta novere – when the SC to Belisario and not that which was laid down in
has once laid down a principle of law as the latter case which should be applied
applicable to a certain state of facts, it will adhere prospectively
to that principle and apply it to all future casese
where the facts are substantially the same Court may issue guidelines in construing statute
o For stability and certainty  In construing a statute, the enforcement of which
 Supreme Court becomes, to the extent applicable, may tread on sensitive areas of constitutional
the criteria that must control the actuations not rights, the court may issue guidelines in applying
only of those called upon to abide thereby but also the statute, not to enlarge or restrict it but to
of those duty-bound to enforce obedience thereto. clearly delineate what the law is.
 SC rulings are binding on inferior courts
Peo. v. Ferrer
Judicial rulings have no retroactive effect  What acts that may be considered liable under the
 Lex prospicit not respicit - the law looks forward, Anti-Subversion Act
not backward
 Rationale: Retroactive application of a law usually Morales v. Enrile
divest rights that have already become vested or  Rights of a person under custodial investigation
impairs he obligations of contract and hence is
unconstitutional. RP v. CA/ Molina
 Guidelines for ascertaining psychological
Peo v. Jabinal incapacity of an erring spouse in a void marriage
 Peo v Macarandang – peace officer exempted under Art. 36 FC
from issuance of license of firearms – included a
secret agent hired by a governor LIMITATIONS ON POWER TO CONSTRUE
 Peo. v. Mapa – abandoned doctrine of
Macarandang in 1967 Courts may not enlarge nor restrict statutes
 The present case, Jabinal was arraigned while the  Courts are not authorized to insert into the law
Macarandang Doctrine was still prevailing, what they think should be in it or to supply what
however, the decision was promulgated when the they the legislature would have supplied if its
Mapa doctrine was in place intention had been called to the omission.
 The Court held that Jabinal is acquitted using stare  They should not by construction, revise even the
decisis doctrine and retroactivity doctrine most arbitrary or unfair action of the legislature,

nor rewrite the law to conform to what they think shall embrace only one subject who shall be
should be the law. expressed in the title thereof.
 Neither should the courts construe statutes which  The constitutional injunction makes the title an
are perfectly vague for it violates due process indispensable part of a statute.
o Failure to accord persons fair notice of
the conduct to avoid Baguio v. Marcos
o Leave law enforcers unbridled discretion  The question raised is when to count the 40 yr
in carrying out its provisions period to file a petition for reopening of cadastral
 2 leading stars on judicial construction proceedings (to settle and adjudicate the titles to
o Good faith the various lots embraced in the survey) as
o commonsense authorized by RA 931 covering the lands that have
 an utterly vague act on its face cannot be clarified been or about to be declared land of public
by either a saving clause or by construction domain, by virtue of judicial proceedings
instituted w/in the 40 years next preceding the
Courts not to be influenced by questions of wisdom approval of this act.
 Courts do not sit to resolve the merit of conflicting  The question is asked if the proceeding be
theories reopened originally instituted in court April 12,
 Courts do not pass upon question of wisdom, 1912 or November 25, 1922, the counted date
justice or expediency of legislation, for it‘s not form which the decision therein rendered became
within their province to supervise legislation and final. Petition was filed on July 25, 1961
keep it within the bounds of common sense.  Title of the Law ―An Act to authorize the filing in
 The court merely interpret regardless of whether the proper court under certain conditions of
or not they wise or salutary. certain claims of title to parcels of land that have
been declared public land, by virtue of the
CHAPTER THREE: Aids to Construction approval of this act.‖
 There was an apparent inconsistency between the
IN GENERAL title and body of the law.
 It ruled that the starting date to count the period is
Generally the date the final decision was rendered.
 Where the meaning of a statue is ambiguous, the  It recites that it authorizes court proceedings of
court is warranted in availing itself of all claims to parcels of land declared public by virtue
illegitimate aids to construction in order that it can of judicial decisions rendered within forty years
ascertain the true intent of the statute. next preceding the approval of this act.
 The aids to construction are those found in the  That title written in capital letters by Congress
printed page of the statute itself; know as the itself; such kind of title then is not to be classed
intrinsic aids, and those extraneous facts and with words or titles used by compilers of statues
circumstances outside the printed page, called because it is the legislature speaking.
extrinsic aids.  Words by virtue of judicial decisions rendered in
the title of the law stand in equal importance to the
Title phrase in Sections 1 thereof by virtue of judicial
 It is used as an aid, in case of doubt in its language proceedings instituted.
to its construction and to ascertaining legislative  The court ruled that examining Act no. 2874 in
will. detail was intended to apply to public lands only
 If the meaning of the statute is obscure, courts for the title of the act, always indicative of
may resort to the title to clear the obscurity. legislative intent.
 The title may indicate the legislative intent to  No bill shall embrace more than one subject,
extend or restrict the scope of law, and a statute which subject shall be expressed in the title of the
couched in a language of doubtful import will be bill, the words and for other purposes‘ when found
constructed to conform to the legislative intent as in the title have been held to be without force or
disclosed in its title. effect whatsoever and have been altogether
 Resorted as an aid where there is doubt as to the discarded in construing the Act.
meaning of the law or as to the intention of the
legislature in enacting it, and not otherwise. Ebarle v. Sucaldito
 Serve as a guide to ascertaining legislative intent  The issue is raised whether Executive order no.
carries more weight in this jurisdiction because of 264 entitled ― Outlining the procedure by which
the constitutional requirement that ―every bill complaints charging government officials and
employees with commission of irregularities

should be guided‖ applies to criminal actions, to Illustration of rule

the end that no preliminary investigation thereof
can be undertaken or information file in court People v. Purisima
unless there is previous compliance with the  A person was charged w/ violation of PD 9 which
executive order. penalizes, among others, the carrying outside of
 EO only applies to administrative and not to one‘s residence any bladed, blunt or pointed
criminal complaints. weapon not used as a necessary tool or implement
 The very title speaks of commission of for livelihood, with imprisonment ranging from
irregularities. five to ten years.
 Question rose whether the carrying of such
When resort to title not authorized weapon should be in relation to subversion,
 The text of the statute is clear and free from doubt, rebellion, insurrection, lawless violence,
it is improper to resort to its title to make it criminality, chaos or public disorder as a
obscure. necessary element of the crime.
 The title may be resorted to in order to remove,  The mere carrying of such weapon outside one‘s
but not to create doubt. residence is sufficient to constitute a violation of
the law
Preamble  Pursuant to the preamble which spelled out the
 It is a part of the statute written immediately after events that led to the enactment of the decree the
its title, which states the purpose, reason for the clear intent and spirit of the decree is to require
enactment of the law. the motivation mentioned in the preamble as in
 Usually express in whereas clauses. indispensable element of the crime.
 Generally omitted in statutes passed by:  The severity of the penalty for the violation of the
 Phil. Commission decree suggests that it is a serious offense, which
 Phil. Legislature may only be justified by associating the carrying
 National Assembly out of such bladed of blunt weapon with any of
 Congress of the Phil the purposes stated in its preamble.
 Batasang Pambansa
Peo v. Echavez
 These legislative bodies used the explanatory note
 Issue: whether a person who squatted on a pastoral
to explain the reasons for the enactment of
land could be held criminally liable for the
statutes.
violation of PD 772 ―any person who, with the use
 Extensively used if Presidential decrees issued by
of force, intimidation or threat, or taking
the President in the exercise of his legislative
advantage of the absence or tolerance of the land
power.
owner, succeeds in occupying or possessing the
 When the meaning of a statute is clear and
property of the latter against his will for
unambiguous, the preamble can neither expand
residential, commercial or any other purposes.
nor restrict its operation, much less prevail over its
 The decree was promulgated to solve the squatting
text. Nor can be used as basis for giving a statute a
problem which according to its preamble is still a
meaning.
major problem in urban communities all over the
 When the statute is ambiguous, the preamble can
country and because many persons and entities
be resorted to clarify the ambiguity.
found to have been unlawfully occupying public
 Preamble is the key of the statute, to open the and private lands belong to the affluent class.
minds of the lawmakers as to the purpose is
 The court said that crime may only be committed
achieved, the mischief to be remedied, and the in urban communities and not in agricultural and
object to be accomplished, by the provisions of pastural lands because the preamble of the decree
the legislature. shows that it was intended to apply for squatting
 May decide the proper construction to be given to in urban lands, more particularly to illegal
the statute. constructions.
 May restrict to what otherwise appears to be a
broad scope of law. Context of whole text
 It may express the legislative intent to make the  To ascertain legislative intent is the statute itself
law apply retroactively in which case the law has taken as a whole and in relation to one another
to be given retroactive effect. considering the whole context of the statute and
not from an isolated part of the provision.
 The meaning dictated by the context prevails.

 Every section, provision, or clause of the statute Headnotes or epigraphs

must be expounded by reference to each other in  Secondary aids
order to arrive at the effect contemplated by the  They are prefixed to sections, or chapters of a
legislature. statute for ready reference or classification.
 Not entitled too much weight, and inferences
Punctuation marks drawn there from are of little value and they can
 Semi- colon – used to indicate a separation in the never control the plain terms of the enacting
relation of the thought, what follows must have a clauses, for they are not part of the law.
relation to the same matter it precedes it.  The provisions of each article are controlling upon
 Comma and semicolon are use for the same the subject thereof and operate as a general rule
purpose to divide sentences, but the semi – colon for settling such questions as are embraced
makes the division a little more pronounce. Both therein.
are not used to introduce a new idea.  When the text of a statute is clear and
 Punctuation marks are aids of low degree and can unambiguous, there is neither necessity nor
never control against the intelligible meaning of propriety to resort to the headings or epigraphs of
written words. a section for interpretation of the text, especially
 An ambiguity of a statute which may be partially when they are mere reference aids indicating the
or wholly solved by a punctuation mark may be general nature of the text that follows.
considered in the construction of a statute.
 The qualifying effect of a word or phrase may be Lingual text
confined to its last antecedent if the latter is  Rule is that, unless provided, where a statute is
separated by a comma from the other antecedents. promulgated in English and Spanish, English shall
 An argument based on punctuation is not govern but in case of ambiguity, Spanish may be
persuasive. consulted to explain the English text.
 A statute is officially promulgated in Spanish or in
Illustrative examples English, or in Filipino
 ―In the interpretation of a law or administrative
Florentino v. PNB issuance promulgated in all the official languages,
 ―who may be willing to accept the same for such the English text shall control, unless otherwise
settlement‖ – this implies discretion provided.
 SC held: only the last antecedent – ―any citizen of
the Philippines or any association or corporation Intent or spirit of law
organized under the laws of the Philippines‖
 xxx pursuant to which backpay certificate-holders  It is the law itself.
can compel government-owned banks to accept  Controlling factor, leading star and guiding light
said certificates for payment of their obligations in the application and interpretation of a statute.
subsisting at the time of the amendatory act was  A statute must be according to its spirit or intent.
approved  The courts cannot assume an intent in no way
expressed and then construe the statute to
Nera v. Garcia accomplish the supposed intention; otherwise they
 ―if the charge against such subordinate or would pass beyond the bounds of judicial power
employee involves dishonesty, oppression, or to usurp legislative power.
grave misconduct or neglect in the performance of
his duty‖ Policy of law
 ―dishonesty‖ and ―oppression‖ – need not be  Should be given effect by the judiciary.
committed in the course of the performance of  One way to accomplish this mandate is to give a
duty by the person charges statute of doubtful meaning, a construction that
will promote public policy.
Peo. v. Subido
 Subsidiary imprisonment in case of insolvency Tinio v. Francis
qualifies both non-payment of indemnity and non-  Policy of the law – to conserve the land of the
payment of fine homesteader
 xxx not be subject to encumbrance/ alienation
Capitalization of letters from the date of the approval of the application
 An aid of low degree in the construction of statute. and for a term of 5 years from and after the date of
the issuance of the patent or grant

o from the ORDER for the issuance of o Constitutionality of a statute

patent o Completeness
o if literal interpretation is to be used, o Prospective operation
policy will be defeated o Right and justice
o Effective, sensible, beneficial and
Cajiuat v. Mathay reasonable operation as a whole
 policy – against double pensions for the same o Against inconsistency and implied repeal
services  unnecessary changes in law
 a law which grants retirable employees certain  impossibility
gratuity ―in addition to other benefits which they  absurdity
are entitled under existing laws‖ CANNOT be  injustice and hardship
construed as to authorize the grant of double  inconvenience
gratuity  ineffectiveness.
 ―other benefits‖ may be
o Refund of contributions LEGISLATIVE HISTORY
o Payment of the money value of
accumulated vacation and sick leaves Generally
 A statute is susceptible of several interpretations
Purpose of law or mischief to be suppressed or where there is ambiguity in the language, there
 Intended to be removed or suppressed and the is no better means of ascertaining the will and
causes which induced the enactment of the law are intention of the legislature than that which is
important factors to be considered in this afforded by the history of the statute.
construction.
o Purpose or object of the law What constitutes legislative history
o Mischief intended to be removed  History of a statute refers to all its antecedents
o Causes which induced the enactment of from its inception until its enactment into law.
the law  Its history proper covers the period and the steps
 Must be read in such a way as to give effect to the done from the time the bill is introduced until it is
purpose projected in the statute. finally passed by the legislature.
 The purpose of the general rule is not  What it includes:
determinative of the proper construction to be o President‘s message if the bill is enacted
given to the exceptions. in response thereto,
 Purpose of statute is more important than the rules o The explanatory note accompanying the
of grammar and logic in ascertaining the meaning bill
o Committee reports of legislative
Dictionaries investigations
 A statute does not define word or phrases used. o Public hearings on the subject of the bill
 Generally define words in their natural plain and o Sponsorship speech
ordinary acceptance and significance. o Debates and deliberations concerning the
bill
Consequences of various constructions o Amendments and changes in phraseology
 Inquired as an additional aid to interpretation. in which it undergoes before final
approval thereof.
 A construction of a statute should be rejected that
will cause injustice and hardship, result in o If the statute is based from a revision, a
absurdity, defeat legislative intent or spirit, prior statute, the latter‘s practical
application and judicial construction,
preclude accomplishment of legislative purpose or
object, render certain words or phrases a o Various amendments it underwent
surplusage, nullify the statute or make any of its o Contemporary events at the
provisions nugatory.
President‘s message to legislature
Presumptions  The president shall address the congress at the
 Based on logic, experience, and common sense, opening of its regular session or appear before it at
any other time.
and in the absence of compelling reasons to the
contrary, doubts as to the proper and correct  Usually contains proposed legal measures.
construction of a statute will be resolved in favor  Indicates his thinking on the proposed legislation,
of that construction which is in accord with the when enacted into law, follows his line of thinking
presumption on the matter. on the matter.

Explanatory note  This is applicable in the interpretation of codes,

 A short exposition of explanation accompanying a revised or compiled statutes, for the prior law
proposed legislation by its author or proponent. which have been codified, compiled or revised
 Where there is ambiguity in a statute or where a will show the legislative history that will clarify
statute is susceptible of more than one the intent of the law or shed light on the meaning
interpretation, courts may resort to the explanatory and scope of the codified or revised statute.
note to clarify the ambiguity and ascertain the
purpose or intent of the statute. Peo. v. Manantan
 Used to give effect to the purpose or intent as  Issue: whether or not justice of peace is included
disclosed in its explanatory note.  Contention of Manantan, who is a justice of peace,
 A statute affected or changed an existing law and is that the omission of ―justice of peace‖ revealed
the explanatory note to the bill which has the intention of the legislature to exclude such
eventually enacted into a law states that the from its operation
purpose is too simply to secure the prompt action  Held: contention denied. In holding that the word
on a certain matter by the officer concerned and ―judge‖ includes ―justice of peace‖, the Court said
not to change the existing law; the statute should that ―a review of the history of the Revised
be construed to carry out such purpose. Election Code will help justify and clarify the
 It may be used as a basis for giving a statute a above conclusion‖
meaning that is inconsistent with what is
expressed in the text of the statute. Director of Lands v. Abaya
 When to count the 10-year period, either from the
Legislative debates, views and deliberations date the decision was rendered or from the date
 Courts may avail to themselves the actual judicial proceedings instituted in cadastral cases
proceedings of the legislative body to assist in  Held: court resolved the issue by referring to 4
determining the construction of a statute of older laws which have in common that counting of
doubtful meaning. the period starts from the date of the institution of
 There is doubt to what a provision of a statute the judicial proceeding and not from the date the
means, that meaning which was put to the judgment is rendered
provision during the legislative deliberation or
discussion on the bill may be adopted. Salaysay v. Castro
 Views expressed are as to the bill‘s purpose,  ―Actually holding‖ ~ ―lastly elected‖
meaning or effect are not controlling in the  Thus, a vice mayor acting as mayor is not
interpretation of the law. included in the provision
 It is impossible to determine with authority what
construction was put upon an act by the members Change in phraseology by amendments
of the legislative body that passed the bill.  Intents to change the meaning of the provision.
 The opinions expressed by legislators in the  A statute has undergone several amendments,
course of debates concerning the application of each amendment using different phraseology, the
existing laws are not also given decisive weight, deliberate selection of language differing from
especially where the legislator was not a member that of the earlier act on the subject indicates that a
of the assembly that enacted the said laws. change in meaning of the law was intended and
 When a statute is clear and free from ambiguity, courts should so construe that statute as to reflect
courts will not inquire into the motives which such change in meaning.
influence the legislature or individual members, in
voting for its passage; no indeed as to the Commissioner of Customs v. CTA
intention of the draftsman, or the legislators, so far  ―national port‖ (new law) not the same as ―any
as it has not been expressed into the act. port‖ (old law); otherwise, ―national‖ will be a
surplusage
Reports of commissions
 Commissions are usually formed to compile and Amendment by deletion
collate all laws on a particular subject and to  Deletion of certain words or phrases in a statute
prepare the draft of the proposed code. indicates that the legislature intended to change
the meaning of the statute, for the presumption is
Prior laws from which statute is based that the legislation would not have made the
 Courts are permitted to prior laws on the same deletion had the intention been not effect a change
subject and to investigate the antecedents of the in its meaning.
statute involved.

 A statute containing a provision prohibiting the local conditions and is not in conflict with existing
doing of a certain thing is amended by deleting law, nevertheless, many of the principles of the
such provision. common law have been imported into this
jurisdiction as a result of the enactment of laws
Gloria v. CA and establishment of institutions similar to those
 Issue: whether a public officer or employee, who of the US.
has been preventively suspended pending
investigation of the administrative charges against Conditions at time of enactment
him, is entitled to his salary and other benefits  In enacting a statute, the legislature is presumed to
during such preventive suspension have taken into account the existing conditions of
 Held: Court answered in the negative because things at the time of its enactment.
such provision with regard to payment of salaries  In the interpretations of a statute, consider the
during suspension was deleted in the new law physical conditions of the country and the
circumstances then obtain understanding as to the
Buenaseda v. Flavier intent of the legislature or as to the meaning of the
 Ombusman and his deputy can only preventively statute.
suspend respondents in administrative cases who
are employed in his office, and not those who are History of the times
employees in other department or offices of the  A court may look to the history of the times,
government examining the state of things existing when the
statute was enacted.
Exceptions to the rule (of amendment by deletion)  A statute should not be construed in a spirit as if it
 An amendment of the statue indicates a change in were a protoplasm floating around in space.
meaning from that which the statute originally had  In determining the meaning, intent, and purpose of
applies only when the intention is clear to change a law or constitutional provision, the history of the
the previous meaning of the old law. times of which I grew and to which it may be
 Rules don‘t apply when the intent is clear that the rationally supposed to bear some direct
amendment is precisely to plainly express the relationship, the evils intended to be remedied and
construction of the act prior to its amendment the good to be accomplished are proper subjects of
because its language is not sufficiently expressive inquiry.
of such construction.  Law being a manifestation of social culture and
 Frequently, words do not materially affect the progress must be interpreted taking into
sense will be omitted from the statute as consideration the stage of such culture and
incorporated in the code or revised statute, or that progress including all the concomitant
some general idea will be expressed in brief circumstances.
phrases.  Law is not a watertight compartment sealed or
shut off from the contact with the drama of life
Adopted statutes which unfolds before our eyes.
 Foreign statutes are adopted in this country or
from local laws are patterned form parts of the CONTEMPORARY CONSTRUCTION
legislative history of the latter.
 Local statutes are patterned after or copied from Generally
those of another country, the decision of the courts  Are the constructions placed upon statutes at the
in such country construing those laws are entitled time of, or after their enactment by the executive,
to great weight in the interpretation of such local legislative or judicial authorities, as well as by
statutes. those who involve in the process of legislation are
knowledgeable of the intent and purpose of the
Limitations of rule law.
 A statute which has been adopted from that of a  Contemporary construction is strongest in law.
foreign country should be construed in accordance
with the construction given it in the country of Executive construction, generally; kinds of
origin is not without limitations.  Is the construction placed upon the statute by an
executive or administrative officer.
Principles of common law  Three types of interpretation
 Known as Anglo-American jurisprudence which o Construction by an executive or
is no in force in this country, save only insofar as administrative officer directly called to
it is founded on sound principles applicable to implement the law.

o Construction by the secretary of justice in Construction of rules and regulations

his capacity as the chief legal adviser of  This rule-making power, authorities sustain the
the government. principle that the interpretation by those charged
o Handed down in an adversary proceeding with their enforcement is entitled to great weight
in the form of a ruling by an executive by the court in the latter‘s construction of such
officer exercising quasi-judicial power. rules and regulations.
Weight accorded to contemporaneous construction Reasons why contemporaneous construction is given much
 Where there is doubt as to the proper weight
interpretation of a statute, the uniform  It is entitled to great weight because it comes from
construction placed upon it by the executive or the particular branch of government called upon to
administrative officer charged with its implement the law thus construed.
enforcement will be adopted if necessary to  Are presumed to have familiarized themselves
resolve the doubt. with all the considerations pertinent to the
 True expression of the legislative purpose, meaning and purpose of the law, and to have
especially if the construction is followed for a formed an independent, conscientious and
considerable period of time. competent expert opinion thereon
Nestle Philippines, Inc. v. CA When contemporaneous construction disregarded

 Reasons for why interpretation of an  When there is no ambiguity in the law.
administrative agency is generally accorded great  If it is clearly erroneous, the same must be
respect declared null and void.
o Emergence of multifarious needs of a
modernizing society Erroneous contemporaneous construction does not preclude
o Also relates to experience and growth of correction nor create rights; exceptions
specialized capabilities by the  The doctrine of estoppel does not preclude
administrative agency correction of the erroneous construction by the
o They have the competence, expertness, officer himself by his successor or by the court in
experience and informed judgment, and an appropriate case.
the fact that they frequently are the  An erroneous contemporeaneous construction
drafters of the law they interpret creates no vested right on the part of those relied
upon, and followed such construction.
Philippine Sugar Central v. Collector of Customs
 Issue: whether the government can legally collect Legislative interpretation
duties ―as a charge for wharfage‖ required by a  Take form of an implied acquiescence to, or
statute upon all articles exported through approval of, an executive or judicial construction
privately-owned wharves of a statute.
 Held: the court reasoned in the affirmative by  The legislature cannot limit or restrict the power
saying ―the language of the Act could have been granted to the courts by the constitution.
made more specific and certain, but in view of its
history, its long continuous construction, and what Legislative approval
has been done and accomplished by and under it,  Legislative is presumed to have full knowledge of
we are clearly of the opinion that the government a contemporaneous or practical construction of a
is entitled to have and receive the money in statute by an administrative or executive officer
question, even though the sugar was shipped from charged with its enforcement.
a private wharf  The legislature may approve or ratify such
contemporaneous construction.
Weight accorded to usage and practice
 May also be showmen by the legislature
 Common usage and practice under the statute, or a appropriating money for the officer designated to
course of conduct indicating a particular perform a task pursuant to interpretation of a
undertaking of it, especially where the usage has statute.
been acquiesced in by all the parties concerned  Legislative ratification is equivalent to a mandate.
and has extended over a long period of time.
 Optimus interpres rerum usus – the best Reenactment
interpretation of the law is usage.
 Most common act of approval.
 The re-enactment of a statute, previously given a
contemporaneous construction is persuasive

indication of the adoption by the legislature of the o Words employed by the legislature in a
prior construction. statute correctly express its intent or will
 Re-enactment if accorded greater weight and o Verba legis non est recedendum – from
respect than the contemporaneous construction of the words of a statute there should be no
the statute before its ratification. departure
o Thus, what is not clearly provided in the
Stare decisis law cannot be extended to those matters
 Judicial interpretation of a statute and is of greater outside its scope
weight than that of an executive or administrative  Judicial legislation – an encroachment upon
officer in the construction of other statutes of legislative prerogative to define the wisdom of the
similar import. law
 It is an invaluable aid in the construction or o Courts must administer the law as they
interpretation of statutes of doubtful meaning. find it without regard to consequences
 Stare decisis et non quieta movere – one should
follow past precedents and should not disturb National Federation of Labor v. NLRC
what has been settled.  Employees were claiming separation pay on the
 Supreme Court has the constitutional duty not basis of Art. 283 Labor Code which states that
only of interpreting and applying the law in ―employer MAY also terminate the employment
accordance with prior doctrines but also of of an employee‖ for reasons therein by serving
protecting society from the improvidence and notice thereof and paying separation pay to
wantonness wrought by needless upheavals in affected employees
such interpretations and applications  There was compulsory acquisition by the
 In order that it will come within the doctrine of government of the employer‘s land (Patalon
stare decisis, must be categorically stated on an Coconut Estate) for purposes of agrarian reform
issue expressly raised by the parties; it must be a which forced the employer to cease his operation
direct ruling, not merely an obiter dictum  Issue: whether or not employer is liable for
 Obiter dictum – opinion expressed by a court upon separation pay?
some question of law which is not necessary to the  Held: NO, employer is not liable for separation
decision of the case before it; not binding as a pay!
precedent o It is a unilateral and voluntary act by the
 The principle presupposes that the facts of the employer if he wants to give separation
precedent and the case to which it is applied are pay
substantially the same. o This is gleaned from the wording
 Where the facts are dissimilar, then the principle ―MAY‖ in the statute
of stare decisis does not apply. o ―MAY‖ denotes that it is directory in
 The rule of stare decisis is not absolute. It does not nature and generally permissive only
apply when there is a conflict between the o Plain-meaning rule is applicable
precedent and the law. o Ano yun, ipapasara ng government tapos
 The duty of the court is to forsake and abandon magbabayad pa ang employer ng
any doctrine or rule found to be in violation of law separation pay?!? Ang daya-daya! Lugi
in force na nga si employer, kikita pa si
 Inferior courts as well as the legislature cannot employee?!? Unfair! Cannot be! No! No!
abandon a precedent enunciated by the SC except o To depart from the meaning expressed by
the words is to alter the statute, to
by way of repeal or amendment of the law itself
legislate and not interpret
o Maledicta est exposition quae corrumpit
CHAPTER FOUR: Adherence to, or departure from,
language of statute textum – dangerous construction which is
against the text
LITERAL INTERPRETATION
Dura lex sed lex
Literal meaning or plain-meaning rule  Dura lex sed lex – the law may be harsh but it is
 General rule: if statute is clear, plain and free from still the law
ambiguity, it must be given its literal meaning and  Absoluta sentential expositore non indigent –
applied without attempted interpretation when the language of the law is clear, no
o Verba legis explanation of it is required
o Index animi sermo – speech is the index  When the law is clear, it is not susceptible of
of intention interpretation. It must be applied regardless of

who may be affected, even if it may be harsh or  Interpretation of RA 6735 was not in keeping with
onerous the maxim interpretation fienda est ut res magis
 Hoc quidem perquam durum est, sed ital ex valeat quam pereat – that interpretation as will
scripta est – it is exceedingly hard but so the law give the thing efficacy is to be adopted
is written
 A decent regard to the legislative will shoud What is within the spirit is within the law
inhibit the court from engaging in judicial  Don‘t literally construe the law if it will render it
legislation to change what it thinks are unrealistic meaningless, lead to ambiguity, injustice or
statutes that do not conform with ordinary contradiction
experience or practice (respeto nalang sa ating  The spirit of the law controls its letter
mga mambabatas! Whatever?!? Haha joke only)  Ratio legis – interpretation according to the spirit
 If there is a need to change the law, amend or or reason of the law
repeal it, remedy may be done through a  Spirit or intention of a statute prevails over the
legislative process, not by judicial decree letter
 Where the law is clear, appeals to justice and  A law should accordingly be so construed as to be
equity as justification to construe it differently are in accordance with, and not repugnant to, the spirit
unavailing – Philippines is governed by CIVIL of the law
LAW or POSITIVE LAW, not common law  Presumption: undesirable consequences were
 Equity is available only in the absence of law and never intended by a legislative measure
not its replacement – (so, pag may law, walang
equity equity! Pero pag walang law, pwedeng Literal import must yield to intent
mag-equity, gets?!?... important to!)  Verba intentioni, non e contra, debent inservire –
 Aequitas nunquam contravenit legis – equity words ought to be more subservient to the intent
never acts in contravention of the law and not the intent to the words (ahhh parang intent
is to woman as word is to man – so man is
DEPARTURE FROM LITERAL INTERPRETATION subservient to woman… logical!)
 Guide in ascertaining intent – conscience and
Statute must be capable of interpretation, otherwise equity
inoperative  So it is possible that a statute may be extended to
 If no judicial certainty can be had as to its cases not within the literal meaning of its terms, so
meaning, the court is not at liberty to supply nor to long as they come within its spirit or intent
make one
Limitation of rule
Santiago v. COMELEC  Construe (intent over letter) only if there is
 In this case, the Court adopted a literal meaning ambiguity!
thus, concluded that RA 6735 is inadequate to
implement the power of the people to amend the Construction to accomplish purpose
Constitution (initiative on amendments) for the  PURPOSE or REASON which induced the
following reasons: enactment of the statute – key to open the brain of
o Does not suggest an initiative on the legislature/ legislative intent!
amendments on to the Constitution  Statutes should be construed in the light of the
because it is silent as to amendments on object to be achieved and the evil or mischief to
the Constitution and the word be suppressed
―Constitution‖ is neither germane nor  As between two statutory interpretations, that
relevant to said section which better serves the purpose of the law should
o Does not provide for the contents of a prevail
petition for initiative on the Constitution
o Does not provide for subtitles for Sarcos v. Castillo
initiative on the Constitution  This case explains why legislative purpose to
o RA is incomplete and does not provide a determine legislative intent
sufficient standard
 Frankfurter
 Justice Puno (ano?!? Justice Tree?!) dissents:
o Legislative words are not inert but
o Legislative intent is also shown by the
derived vitality from the obvious
deliberations on the bill that became RA purposes at which they are aimed
6735… (there are 4 more reasons – see o Legislation – working instrument of
page 130-131, which are not so government and not merely as a
important)
collection of English words

 Benjamin Natham Cardozo or qualifications but limited to not more

o Legislation is more than a composition than 3 years
o It is an active instrument of government o 3rd – amended Art. 279 – full backwages
which means that laws have ends to be or without deductions from the time the
achieved laborer‘s compensation was withheld
 Holmes until his actual reinstatement
o Words are flexible  The clear legislative intent of the amendment in
o The general purpose is a more important RA 6715 (Labor Code) is to give more benefits to
aid to the meaning than any rule which workers than was previously given them under the
grammar or formal logic may lay down Mercury Drug rule or the 1st way
o Courts are apt to err by sticking too
closely to the words of law where those US v. Toribio
words import a policy that goes beyond  The prohibition of the slaughter of carabaos for
them human consumption so long as these animals are
fit for agricultural work/ draft purposes was a
Soriano v. Offshore Shipping and Manning Corp ―reasonable necessary limitation‖ on private
 A literal interpretation is to be rejected if it would ownership
be unjust or lead to absurd results  Purpose or object of the law – to protect large
cattle against theft and to make easy recovery and
Illustration of rule return of such cattle to their owners, when lost,
strayed or stolen
King v. Hernandez  Issue: whether the slaughter of large cattle outside
 Issue: whether or not a Chinese (parang si RA and the municipal slaughterhouse without a permit by
Serge) may be employed in a non-control position the municipal treasurer is prohibited?
in a retail establishment, a wholly nationalized  Held: YES! Outside or inside without permit is
business under RA 1180 Retail Trade Law (btw, prohibited
wala na tong law na ‗to. It has been repealed by
the Retail Trade Liberalization Act – my thesis! Bocobo v. Estanislao
)  Issue: whether the CFI and a municipal court in
 Held: No! (kasi duduraan ka lang ng mga intsik! the capital of a province have concurrent
Joke only!) the law has to be construed with the jurisdiction over the crime of libel
Anti-Dummy Law – prohibiting an alien from  RPC – grants jurisdiction with CFI
intervening in the management, operation,  Judiciary Act grants jurisdiction with the
administration or control thereof municipal court in the capital of a province in
 When the law says you cannot employ such alien, offenses where the penalty is not more than
you cannot employ an alien! The unscrupulous prission correctional or fine not exceeding
alien may resort to flout the law or defeat its 6,000Php (penalty for libel)
purpose! (maggulang daw mga intsik… ultimo  So ano na?!?
tubig sa pasig river, which is supposed to be free,
bottles it and then sells it! Huwat?!?) Godines v. CA
 It is imperative that the law be interpreted in a  Patent Law – grants the patentee the exclusive
manner that would stave off any attempt at right to make, use, and sell his patented machine,
circumvention of the legislative purpose article or product xxx
 Doctrine of equivalents – when a device
Bustamante v. NLRC appropriates a prior invention by incorporating its
 Issue: how to compute for backwages to which an innovative concept, and albeit with some
illegally dismissed employee would be entitled modification and change, performs substantially
until his actual reinstatement (take note of this the same function in substantially the same way to
case.. it‘s a labor case… kiliti ni Golangco) achieve substantially the same result (ano ba
 3 ways: ‗to?!? Puro substantially?)
o 1st – before Labor Code – to be deducted
from the amount of backwages is the Planters Association of Southern Negros, Inc. v.
earnings elsewhere during the period of Ponferrada
illegal dismissal  2 apparently conflicting provisions should be
o 2nd – Labor Code Art. 279 – the amount construed as to realize the purpose of the law
of backwages is fixed without deductions  The purpose of the law is to INCREASE the
worker‘s benefits

 Benefits under RA 6982 shall be IN ADDITION Correcting clerical errors

to the benefits under RA 809 and PD 621  As long as the meaning intended is apparent on
 ―Substituted‖ cannot be given literal interpretation the face of the whole enactment and no specific
provision is abrogated
When reason of law ceases, law itself ceases  This is not judicial legislation
 The reason which induced the legislature to enact
a law is the heart of the law Illustration rule
 Cessante ratione legis, cessat et ipsa lex – when
the reason of the law ceases, the law itself ceases Rufino Lopez & Sons, Inc. v. CTA
 Ratio legis est anima – reason of the law is its soul  Court change the phrase ―collector of customs‖ to
―commissioner of customs‖ to correct an obvious
Peo v. Almuete mistake in law
 Agricultural Tenancy Act is repealed by the  Sec 7 – ―commissioner of customs‖ – grants the
Agricultural Land Reform Code CTA jurisdiction to review decisions of the
 Agricultural Tenancy Act – punishes prereaping Commissioner of Customs
or prethreshing of palay on a date other than that  Sec 11 – ―collector of customs‖ – refers to the
previously set without the mutual consent of the decision of the Collector of Customs that may be
landlord and tenant appealed to the tax court
o Share tenancy relationship  ―Commissioner‖ prevails – Commissioner of
 Agricultural Land Reform Code – abolished share Customs has supervision and control over
tenancy relationship, thus does not punish Collectors of Customs and the decisions of the
prereaping or prethreshing of palay on a date other latter are reviewable by the Commissioner of
than that previously set without the mutual Customs
consent of the landlord and tenant anymore
o Leasehold system Lamp v. Phipps
 ―Ordinary COURTS of law‖ to ―Ordinary
Commendador v. De Villa COURSE of law‖
 Issue: whether PD 39, which withdrew the right to
peremptorily challenge members of a military Farinas v. Barba
tribunal, had been rendered inoperative by PD  Issue: who is the appointing power to fill a
2045 proclaiming the termination of a state of vacancy created by the sanggunian member who
martial law did not belong to any political party, under the
 Held: YES! The termination of the martial law provision of the Local Government Code
and the dissolution of military tribunals created  ―local chief executive‖ – a misnomer
thereunder, the reason for the existence of PD 39  It should be ―authorities concerned‖
ceased automatically and the decree itself ceased  Because the President is not a ―local chief
executive‖ but under Sec. 50 of the Local
Vasquez v. Giap Government Code, the ―President, Governor,
 Where the mischief sought to be remedied by a Mayor have the executive power to appoint in
statute has already been removed in a given order to fill vacancies in local councils or to
situation, the statute may no longer apply in such suspend local officials
case
 The law bans aliens from acquiring and owning Qualification of rule (of correcting clerical errors)
lands, the purpose is to preserve the nation‘s lands  Only those which are clearly clerical errors or
for future generations of Filipinos obvious mistakes, omissions, and misprints;
 A sale of land in favor of an alien, in violation of otherwise, is to rewrite the law and invade the
the said law, no longer be questioned after the domain of the legislature, it is judicial legislation
alien becomes a Filipino citizen in the guise of interpretation
Supplying legislative omission
 xxx if it is clearly ascertainable from the Construction to avoid absurdity
CONTEXT!  Reason: it is always presumed that the legislature
 May supply legislative omission to make the intended exceptions to its language which would
statute conform to obvious intent of the legislature avoid consequences of this character
or to prevent the act from being absurd  Thus, statutes may be extended to cover cases not
 Note: differentiate from judicial legislation within the literal meaning of the terms if their
exact and literal import would lead to absurd or
mischievous results

 Interpretation talis in ambiguis simper fienda est o Art. 9 (light offenses) – not more than
ut evitetur inconveniens et absurdum – where 200Php – light felonies – 2 months
there is ambiguity, such interpretation as will o 1Php makes a difference of 9 years and
avoid inconvenience and absurdity is to be 10 months! (huwat?!?)
adopted o Arresto mayor (correctional penalty)
 Courts test the law by its results – if law appears prescribes in 5 years
to be arbitrary, courts are not bound to apply it in o Less grave – prescribe even shorter
slavish disobedience to its language o Also, prescriptive period cannot be
 Courts should construe a statute to effectuate, and ascertained not until the court decides
not to defeat, its provisions; nor render which of the alternative penalties should
compliance with its provisions impossible to be imposed – imprisonment ba or fine
perform lang… yun lang po!
Peo v. Duque Peo v. Reyes

 Surplusage!!!  Dangerous Drugs Act
 Sec. 2 of Act No. 3326 – prescription of offenses  RA 7659
o Prescription shall begin to run from o X < 200 grams – max penalty is reclusion
 The day of the commission of perpetua
the violation o X > 200 grams – min penalty is
 From the time of discovery reclusion perpetua
AND institution of judicial  Court ruled that:
proceedings for investigation o X < 200 grams – penalty ranging from
and punishment prision correctional to reclusion temporal
 But the prevailing rule is that prescriptive period  134-199grams – reclusion
is tolled upon the institution of judicial temporal
proceedings – an act of grace by the State  66-133 – prison mayor
 Court held that the phrase ―institution of judicial  Less than 66 grams – prision
proceedings for its investigation and punishment‖ correcional
may be either disregarded as surplusage or should  StatCon – duty of the court to harmonize
be deemed preceded by the word ―until‖ conflicting provisions to give effect to the whole
law; to effectuate the intention of legislature
Oliveros v. Villaluz
 Issue: whether or not the suspension order against Malonzo v. Zamora
an elective official following an information for  Contention: the City Counsel of Caloocan cannot
violation of the Anti-Graft law filed against him, validly pass an ordinance appropriating a
applies not only to the current term of office but supplemental budget for the purpose of
also to another term if the accused run for expropriating a certain parcel of land, without first
reelection and won adopting or updating its house rules of procedure
 Sec 13 of the Anti-Graft Law – suspension unless within the first 90 days following the election of
acquitted, reinstated! its members, as required by Secs. 50 and 52 of the
 Held: only refers to the current term of the LGC
suspended officer (and not to a future unknown  Court said this is absurd!!!! Contention is
and uncertain new term unless supplemented by a rejected!
new suspension order in the event of reelection) o Adoption or updating of house rules
for if his term shall have expired at the time of would necessarily entail work… local
acquittal, he would obviously be no longer entitled council‘s hands were tied and could not
to reinstatement; otherwise it will lead to act on any other matter if we hold the
absurdities absurd contention!
o So much inconvenience! Shiox! And this
Peo v. Yu Hai could not have been intended by the law
 Issue: when does a crime punishable by arresto
menor prescribe? Construction to avoid injustice
 State says 10 years as provided for in Art 90 RPC  Presumption – legislature did not intend to work a
o Art. 26 (correctional offenses) – max fine hardship or an oppressive result, a possible abuse
of 200Php – correctional penalty – of authority or act of oppression, arming one
prescribes in 10 years (Art. 90) person with a weapon to impose hardship on the
 Court held that this is not right!!!! It is wrong! other

 Ea est accipienda interpretation quae vitio caret – during the Japanese occupation of the country ―are
that interpretation is to be adopted which is free null and void and without legal effect‖ MAY NOT
from evil or injustice be construed to embrace JUDICIAL PROCESSES
as this would lead to great inconvenience and
Amatan v. Aujero public hardship and public interest would be
 Rodrigo Umpad was charged with homicide endangered
 Pursuant to some provision in criminal procedure, o Criminals freed
he entered into a plea bargaining agreement, o Vested right, impaired
which the judge approved of, downgrading the
offense charge of homicide to attempted homicide Construction in favor of right and justice
to which Umpad pleaded guilty thereto.  Art. 10 CC: In case of doubt in the interpretation
 Hello?!? Namatay na nga tapos attempted lang?!? or application of laws, it is presumed that the law-
Mababaliw ako sayo, judge, whoever you are!!! making body intended right and justice to prevail
 Fiat justicia, ruat coelum – let the right be done,  Art. 9 CC: The fact that a statute is silent, obscure,
though the heavens fall (ano daw?!?) or insufficient with respect to a question before
 Stated differently, when a provision of the law is the court will not justify the latter from declining
silent or ambiguougs, judges ought to invoke a to render judgment thereon
solution responsive to the vehement urge of  In balancing conflicting solutions, that one is
conscience (ahhh… ano daw ulit?!?) perceived to tip the scales which the court believes
will best promote the public welfare is its probable
Peo v. Purisima operation as a general rule or principle
 It was contended that PD 9(3) – is a malum
prohibitum; thus intent to use such prohibited Salvacion v. BSP
weapons is immaterial by reason of public policy  Greg Bartelli raped his alleged niece 10 times and
 Court said that use the preamble to construe such detained her in his apartment for 4 days
act whether penalized or not  Court gave a favorable judgment of more than
 Moreover the court said that legislature did not 1MPhp
intend injustice, absurdity and contradiction  BSP rejected the writ of attachment alleging Sec
 Court gave an example… 113 of the Central Bank Circular No. 960
o So if I borrowed a bolo then I return this (applicable to transient foreigners)
to my lender, then in the course or my  Issue: whether the dollar bank deposit in a
journey I‘m caught, I‘m penalized under Philippine bank of a foreign tourist can be
the Decree for 5-10 years imprisonment! attached to satisfy the moral damages awarded in
(ang labo naman!) favor of the latter‘s 12-year-old rape victim
 BSP did not honor the writ of attachment pursuant
Ursua v. CA to RA6426 Sec 8 – ―foreign currency deposits
 Issue: whether or not the isolated use, at one shall be exempt from attachment, garnishment, or
instance, of a name other than a person‘s true any other order or process of any court, legislative
name to secure a copy of a document from a body, government agency or any administrative
government agency, constitutes violation of CA body whatsoever‖
142 – Anti-alias Law  Court held that: ANO BA?!? Na-rape na nga ayaw
 Held: NO! (isang beses lang naman eh.. hehehe pang magbayad ng moral damages dahil lang sa
joke lang!) isang silly law?!? (hehe.. joke lang.. I‘m so bored
o The purpose of the Anti-alias Law is to na eh!)
prevent confusion and fraud in business o Court applied the principles of right and
transactions justice to prevail over the strict and literal
o Such isolated use of a different name is words of the statute
not prohibited by the law; otherwise, o The purpose of RA 6426 to exempt such
injustice, absurdity and contradiction will assets from attachment: at the time the
result said law was enacted, the country‘s
economy was in a shambles. But in the
Construction to avoid danger to public interest present time it is still in shambles... hehe
joke lang… but in the present time, the
Co Kim Cham v. Valdez Tan Keh country has recovered economically. No
 Sa Consti ‗to ah! La lang… hehe (yihee, Serge!) reason why such assets cannot be
 ―processes‖ in the proclamation that ―all laws attached especially if it would satisfy a
regulations and processes‖ of the so-called RP

judgment to award moral damages to a  Compelling reasons may justify reading an

12-year-old rape victim! exception to a rule even where the latter does not
provide any; otherwise the rigor of the law would
Surplusage and superfluity disregarded become the highest injustice – summum jus,
 Where a word, phrase or clause in a statute is summa injuria
devoid of meaning in relation to the context or
intent of the statute, or where it suggests a Law does not require the impossible
meaning that nullifies the statute or renders it  Nemo tenetur ad impossible – the law obliges no
without sense, the word, phrase or clause may be one to perform an impossibility
rejected as surplusage and entirely ignored  Impossibilium nulla obligation est – no obligation
 Surplusagium non noceat – surplusage does not to do an impossible thing
vitiate a statute  Impossible compliance versus Substantial
 Utile per inutile non vitiatur – nor is the useful compliance (as required by law)
vitated by the non-useful
Lim co Chui v Posadas
Demafiles v. COMELEC  Publication in the Official Gazette weekly, for
 Issue: whether a pre-proclamation election case three times and consecutively, to acquire
has become moot because the proclaimed winner jurisdiction over naturalization case
had immediately taken his oath pursuant to Sec 2  It was an impossibility to fulfill such requirement
RA 4870 which provides that the ―first mayor, as the OG was not, at the time, published weekly
vice-mayor and councilors of the municipality of  Thus, Court held that compliance with the other 2
Sebaste shall be elected in the next general requirements would be deemed sufficient to
elections for local officials and shall have acquire jurisdiction over the naturalization case
qualified‖
 It was contended that ―shall have qualified‖ Akbayan v. COMELEC
begins immediately after their proclamation!  This case is about the statutory grant of stand-by
 Court held that this is wrong! power to the COMELEC as provided for in Sec.
o The said phrase is a jargon and does not 28 RA 8436
warrant the respondent‘s reading that the  Petitioners were asking the respondent to exercise
term of office of the first municipal such power so as to accommodate potential voters
officials of Sebaste begins immediately who were not able to register for the upcoming
after their proclamation election
o The King in ‗Alice in Wonderland‘: if  COMELEC denied the petition alleging the
there is no meaning in it, that saves a impossibility of late registration to accommodate
world of trouble, you know, as we need potential voters
not try to find any  Court ruled that the provision must be given such
o Apply the general rule when such term interpretation that is in accordance with logic,
begin – the term of municipal officials common sense, reasonableness and practicality
shall begin on the 1st day of January  Where time constraint and the surrounding
following their election circumstances make it impossible or the
COMELEC to conduct special registration of
Redundant words may be rejected voters, the COMELEC cannot be faulted for
 Self-explanatory, ano buzzzz?!? refusing to do so, for the law does not require the
impossible to be done; there is no obligation to ho
Obscure or missing word or false description may not the impossible thing
preclude construction  COMELEC‘s decision is sustained
 Falsa demonstration non nocet, cum de corpore
constat – false description does not preclude Number and gender of words
construction nor vitiate the meaning of the statute  When the context of a statute so indicates, words
which is otherwise clear in plural include the singular, and vice versa.
 A plural word in a statute may thus apply to a
Exemption from rigid application of law singular person or thing, just as a singular word
 Ibi quid generaliter conceditur – every rule is not may embrace two or more persons or things
without an exception  Art. 996 CC – (law on succession) such article
 Inest haec exception, si non aliquid sit contras jus also applies to a situation where there is only one
basque – where anything is granted generally, this child because ―children‖ includes ―child‖
exception is implied

 Election Code – ―candidate‖ comprehends ―some Remedy implied from a right

candidates‖ or ―all candidates‖  Ubi jus, ibi remedium - where there is a right,
 On gender – the masculine, but not the feminine, there is a remedy for violation thereof
includes all genders, unless the context in which  Right -> Obligation -> Remedy
the word is used in the statute indicates otherwise  The fact that the statute is silent as to the remedy
does not preclude him from vindicating his right,
IMPLICATIONS for such remedy is implied from such right
 Once a right is established, the way must be
Doctrine of necessary implication cleared for its enforcement, and technicalities in
 So-called gaps in the law develop as the law is procedure, judicial as well as administrative, must
enforced give way
 StatCon rule: to fill in the gap is the doctrine of  Where there is ―wrong,‖ (deprivation or violation
necessary implication of a right) there is a remedy
 Doctrine states that what is implied in a statute is  If there‘s no right, principle does not apply
as much a part thereof as that which is expressed
 Ex necessitate legis – from the necessity of the Batungbakal v National Development Co
law  Petitioner was suspended and removed from office
 Every statutory grant of power, right or privilege which proved to be illegal and violative not only
is deemed to include all incidental power, right or of the Administrative Code but of the Constitution
privilege itself
 In eo quod plus sit, simper inest et minus – greater  Court ruled that to remedy the evil and wrong
includes the lesser committed, there should be reinstatement and
 Necessity – payment of backwages, among other things
o includes such inferences as may be  However, there was a legal problem as to his
logically be drawn from the purpose or reinstatement, for when he was suspended and
object of the statute, from what the eventually dismissed, somebody was appointed to
legislature must be presumed to have his position
intended, and from the necessity of  Issue: whether remedy is denied petitioner
making the statute effective and  Held: position was never ―vacant‖. Since there is
operative no vacancy, the present incumbent cannot be
o excludes what is merely plausible, appointed permanently. The incumbent is only
beneficial, or desirable holding a temporary position. Moreover, the
 must be consistent with the Constitution or to incumbent‘s being made to leave the post to give
existing laws way to the employee‘s superior right may be
 an implication which is violative of the law is considered as removal for cause
unjustified or unwarranted
Grant of jurisdiction
Chua v. Civil Service Commission  Conferred only by the Constitution or by statute
 Issue: whether a coterminous employee, or one  Cannot be conferred by the Rules of Court
whose appointment is co-existent with the  Cannot be implied from the language of a statute,
duration of a government project, who has been in the absence of clear legislative intent to that
employed as such for more than 2 years, is entitled effect
to early retirement benefits under Sec 2 RA 6683
 Court held that YES, Chua is entitled! Pimentel v. COMELEC
o A coterminous employee is no different  COMELEC has appellate jurisdiction over
from a casual or temporary employee, election cases filed with and decided by the RTC
and by necessary implication, the involving municipal elective officials DOES NOT
inclusion of the latter in the class of IMPLY the grant of authority upon the
government employees entitled to the COMELEC to issue writs of certiorari, prohibition
benefits of the law necessarily implies or mandamus concerning said election cases
that the former should also be entitled to
such benefits Peo v. Palana
o Wrong application of the maxim  Statute grants a special court jurisdiction over
―expresio uniusest exclusion alterius‖ criminal cases involving offenders under 16 at the
time of the filing of the action, a subsequent
statute defining a youthful offender as one who is
over 9 but below 21 years of age may not be so

construed as to confer by implication upon said make temporary appointments ,

special court the authority to try cases involving unless xxx
offenders 16 but below 21 years of age  Power to appropriate money
includes power to withdraw
What may be implied from grant of jurisdiction unexpended money already
 The grant of jurisdiction to try actions carries with appropriated
it all necessary and incidental powers to employ  Etc… see page 171-172
all writs, processes and other means essential to
make its jurisdiction effective Grant of power excludes greater power
 Where a court has jurisdiction over the main cause  The principle that the grant of power includes all
of action, it can grant reliefs incidental thereto, incidental powers necessary to make the exercise
even if they would otherwise be outside its thereof effective implies the exclusion of those
jurisdiction which are greater than that conferred
o E.g. forcible entry and detainer is o Power of supervision DOES NOT
cognizable in MTC… MTC can order INCLUDE power to suspend or removal
payment of rentals even though the o Power to reorganize DOES NOT
amount exceeds the jurisdictional amount INCLUDE the authority to deprive the
cognizable by them, the same merely courts certain jurisdiction and to transfer
incidental to the principal action it to a quasi-judicial tribunal
 Statutes conferring jurisdiction to an o Power to regulate business DOES NOT
administrative agency must be liberally construed INCLUDE power to prohibit
to enable the agency to discharge its assigned
duties in accordance with the legislative purpose What is implied should not be against the law
o E.g. the power granted the NHA to hear  Power to appoint includes power to suspend or
and decide claims involving refund and remove –
any other claims filed xxx, include o Constitutional restriction of CIVIL
attorney‘s fees and other damages SERVICE EMPLOYEES, that it must be
a cause provided for by law precludes
Grant of power includes incidental power such implication (unless the appointment
 Where a general power is conferred or duty was made outside the civil service law
enjoined, every particular power necessary for the  Power to appoint a public officer by the President
exercise of one or the performance of the other is includes power to remove
also conferred o Provided that such removal is made with
 The incidental powers are those which are just cause
necessarily included in, and are therefore of lesser o Except is such statute provides that term
degree than the power granted of office to be at the pleasure of the
o Examples appointing officer, power to appoint
 Power to establish an office carries with it power to remove anytime
includes authority to abolish it,  Power to investigate officials DOES NOT
unless xxx INCLUDE the power to delegate the authority to
 Warrant issued shall be made take testimony of witnesses whose appearance
upon probable cause determined may be required by the compulsory process of
by the judge xxx implies the subpoena. Nor does such power to investigate
grant of power to the judge to include the power to delegate the authority to
conduct preliminary administer oath
investigations
 Power to approve a license Authority to charge against public funds may not be
includes by implication the implied
power to revoke it  It is well-settled that unless a statute expressly so
 Power to revoke is authorizes, no claim against public funds may be
limited by the authority allowed
to grant license, from o Statute grants leave privileges to
which it is derived APPOINTIVE officials, this cannot be
 Power to deport includes the construed to include ELECTIVE officials
power to arrest undesirable o ―employer‖ to pay 13th month pay, does
aliens after investigation not imply that it includes ―government
 Power to appoint vested in the
President includes the power to
Illegality of act implied from prohibition directors and to each director separately and
 In pari delicto potior est conditio defendentis - individually
where a statute prohibits the doing of an act, the  Where the board of directors is prohibited from
act done in violation thereof is by implication null granting loans to its director, a loan to a
and void partnership of which the wife of a director is a
 Prohibited act cannot serve as foundation of a partner falls within the prohibition
cause of action for relief
 Ex dolo malo non oritur actio – no man can be Peoples Bank and Trust Co. v. PNB
allowed to found a claim upon his own  Where a statute prohibits the payment of the
wrongdoing or inequity principal obligation during a fixed period, the
 Nullus coomodum capere potest de injuria sua interest thereon during the existence of the
propria – no man should be allowed to take restriction is not demandable
advantage of his own wrong
 Public policy requires that parties to an act Cruz v. Tantuico
prohibited by statute be left where they are, to  Law exempts retirement benefits of a public
make the statute effective and to accomplish its officer or employee from attachment, garnishment
object etc
o Party to an illegal contract cannot come  Earlier law authorizes the government to withhold
to court of law and ask that his illegal an amount due such officer or employee to pay his
object be carried out indebtedness to the government SHOULD NOT
o A citizen who sold his land to an alien in BE CONSTRUED to withhold so much of his
violation of the constitutional restriction retirement benefits as this amount to attachment
cannot annul the same and recover the garnishment etc.
land, for both seller and buyer are guilty
of having violated the Constitution Tantuico, Jr. v Domingo
 Law exempts retirement benefits of a public
Two (2) Exceptions to the rule officer or employee from attachment, garnishment
 Pari delicto doctrine will not apply when its etc
enforcement or application will violate an avowed  Government cannot withhold payment of
fundamental policy or public interest retirement benefits of a public officer until his
accountabilities with the government shall have
Delos Santos v. Roman Catholic Church been cleared, as such action is doing indirectly
 Homestead Law – to give and preserve in the what the government is prohibited from doing
homesteader and his family a piece of land for his directly
house and cultivation
 The law prohibits the alienation of a homestead There should be no penalty from compliance with law
within 5 years following the issuance of the patent  A person who complies with what a statute
and provides that any contract of a conveyance in requires cannot, by implication, be penalized
contravention thereof shall be null and void thereby
 The seller or his heirs, although in pari delicto,  For ―simple logic and fairness and reason cannot
may recover the land subject of such illegal sale countenance an exaction or a penalty for an act
faithfully done in compliance with the law‖ 
Barsobia v. Cuenco
 Another exception is that when the transaction is CHAPTER FIVE: Interpretation of words and phrases
not illegal per se but merely prohibited and the
prohibition by law is designed for protection of IN GENERAL
one party, the court may grant relief in favor of
the latter Generally
 A word or phrase used in a statute may have an
What cannot be done directly cannot be done indirectly ordinary, generic, restricted, technical, legal,
 Quando aliquid prohibetur ex directo, prohibetur commercial or trading meaning
et per obliquum – what cannot, by law, be done  May be defined in the statute – if this is done, use
directly cannot be done indirectly such definition because this is what the legislature
intended
Peo v. Concepcion  Task:
 Where a corporation is forbidden from doing an o ascertain intent from statute
act, the prohibition extends to the board of

o ascertain intent from extraneous & makes own definition of term, which is ―any alien
relevant circumstance departing from any place outside the Philippines
o construe word or phrase to effectuate destined for the Philippines, other than a non-
such intent immigrant.
 General rule in interpreting the meaning and scope  (so kelangan part siya nung ―other than a non-
of a term used in the law: immigrant‖.) -> yep yep, Serge! But more
o Review of the WHOLE law involved as importantly, the definition emphasizes an
well as the INTENDMENT of law (not immigrant, who is an alien, who comes to the
of an isolated part or a particular Philippines either to reside TEMPORARILY or
provision alone) PERMANENTLY – no distinction 
Statutory definition  definition of terms given weight in construction

 When statute defines words & phrase- legislative  terms & phrases, being part & parcel of whole
definition controls the meaning of statutory word, statute, given effect in their ENTIRTY, as
irrespective of any other meaning word have in harmonious, coordinated, and integrated unit
ordinary usual sense.  words & phrases construed in light of context of
 Where a statute defines a word or phrase, the word WHOLE statute.
or phrase, should not by construction, be given a
different meaning. Qualification of rule
 Legislature restricted meaning as it adopted  Statutory definition of word or term controlling
specific definition, thus, this should be used only as used in the Act;
 Term or phrase specifically defined in particular  not conclusive as to the meaning of same word or
law, definition must be adopted. term in other statutes
 No usurpation of court function in interpreting but  Especially to transactions that took place prior to
it merely legislates what should form part of the enactment of act.
law itself  Statutory definition controlling statutory words
does not apply when:
Victorias Milling Co. v. Social Security Commission o application creates incongruities
<compensation; RA 1161, Sec. 8(f)> o destroy its major purposes
 “compensation” to include all renumerations, o becomes illogical as result of change in
except bonuses, allowances & overtime pay its factual basis.
 Definition was amended: deleted ―exceptions‖
 Legislative Intent: the amendment shows Ernest v. CA < RA 4166 & EO 900, 901>
legislative intent that bonuses & overtime pay  ―sugarcane planter‖ is defined as a planter-owner
now included in employee‘s renumeration. of sugarcane plantation w/in particular sugar mill
 Principle: by virtue of express substantial change district, who has been allocated export and/or
in phraseology, whatever prior judicial or domestic & reserve sugar quotas.
executive construction should give way to  Statutory definition excludes emergency, non-
mandate of new law. quota, non-district and accommodation planters,
they having no sugar quota. However, in 1955,
Peo. v. Venviaje < Chiropractic> quota system abolished
 Issue: Whether person who practiced chiropractic  With change in situation, illogical to continue
without having been duly licensed, may be adhering to previous definition that had lost their
criminally liable for violation of medical law. legal effect.
 Held: Though term ―practice of medicine,‖
chiropractic may in ordinary sense fall within its Amadora v. CA
meaning; statutorily defined - includes  However, where statute remains unchanged,
manipulations employed in chiropractic; thus, one interpreted according to its clear and original
who practices chiropractic without license is mandate; until legislature taking into account
criminally liable. changes subjected to be regulated, sees fit to enact
necessary amendment.
Chang Yung Fa v. Gianzon< alien>
 Issue: whether alien who comes into country as Words construed in their ordinary sense
temporary visitor is an ―immigrant?‖  General rule: In the absence of legislative intent,
 Held: while ―immigrant‖ in ordinary definition- words and phrases should be given their plain,
―an alien who comes to the Philippines for ordinary, and common usage meaning.
permanent residence‖; The Immigration Act

 Should be read and considered in their natural,  Sec. 61 of PD 705 ―the transferee shall assume all
ordinary, commonly accepted, and most obvious the obligations of the transferor.‖
signification, according to good and approved  Court held that the transferee is NOT liable and
usage and without resulting to forced or subtle explained: ―Obligations‖ construed to mean
construction. obligations incurred by transferor in the ordinary
course of business. Not those as a result of
Central Azucarera Don Pedro v. Central Bank transgressions of the law, as these are personal
 A statute ―exempts certain importations from tax obligations of transferor.
and foreign exchange, which are actually used in  Principle: Construe using ordinary meaning &
the manufacture or preparation of local products, avoid absurdity.
forming part thereof.‖
 ―Forming part thereof‖ not to mean that the Mustang Lumber, Inc. v CA
imported products have to be mixed mechanically,  Statute: Sec. 68 PD 705 - penalizes the cutting,
chemically, materially into the local product & gathering & or collecting timber or other forest
lose its identity. products without a license.
 Means that the imported article is needed to  Is ―lumber‖ included in ―timber‖
accomplish the locally manufactured product for  Reversing 1st ruling, SC says lumber is included in
export. timber.
 ―The Revised Forestry Code contains no
CIR v. Manila Business Lodge 761 definition of timber or lumber. Timber is included
 ―business‖ (if unqualified) in tax statute: plain and in definition of forestry products par (q) Sec.3.
ordinary meaning to embrace activity or affair Lumber - same definitions as ―processing plants‖
where profit is the purpose & livelihood is the  Processing plant is any mechanical set-up,
motive. machine or combination of machine used for
 In this case, a fraternal social club selling liquor at processing of logs & other forest raw materials
its clubhouse in a limited scale only to its into lumber veneer, plywood etc… p. 183.
members, without intention to obtain profit  Simply means, lumber is a processed log or forest
 Not engaged in business. raw material. The Code uses lumber in ordinary
common usage. In 1993 ed. of Webster‘s
Phiippinel Association of Government Retirees v. GSIS International Dictionary, lumber is defined as
< “present value”> timber or logs after being prepared for the market.
 Statute: ―for those who are at least 65 yrs of age, Therefore, lumber is a processed log or timber.
lump sum payment of present value of annuity for Sec 68 of PD 705 makes no distinction between
the first 5 years, and future annuity to be paid raw & processed timber.
monthly. Provided however, that there shall be no
discount from annuity for the first 5 yrs. of those General words construed generally
who are 65 yrs or over, on the day the law took  Generalia verba sunt generaliter intelligenda -
effect.‖ what is generally spoken shall be generally
 Vocabulary: understood; general words shall be understood in
o lump sum - amount of money given in a general sense.
single payment  Generale dictum generaliter est interpretandum -
o annuity - amount of money paid to a general statement is understood in a general
somebody yearly or at some other regular sense
interval  In case word in statute has both restricted and
 Should there be discount from the present value of general meaning, GENERAL must prevail; Unless
his annuity? nature of the subject matter & context in which it
 NO. Used in ordinary sense as said law grants to is employed clearly indicates that the limited
the retired employee substantial sum for his sense is intended.
sustenance considering his age. Any doubt in this  General words should not be given a restricted
law should be ruled in his favor. meaning when no restriction is indicated.
 Rationale: if the legislature intended to limit the
Matuguina Integrated Wood Products Inc. v. CA meaning of a word, it would have been easy for it
 Whether transferee of a forest concession is liable to have done so.
for obligations arising from transferor‘s illegal
encroachment into another forest concessionaire,
which was committed prior to the transfer

Application of rule general purview and scope coming into existence

subsequent to their passage.
Gatchalian v. COMELEC
 ―foreigner‖- in Election Code, prohibiting any Geotina v. CA
foreigner from contributing campaign funds  ―articles of prohibited importation‖ - used in
includes juridical person Tariff and Customs Code embrace not only those
 ―person‖- comprehends private juridical person declared prohibited at time of adoption, but also
 ―person‖- in penal statute, must be a ―person in goods and articles subject of activities undertaken
law,‖ an artificial or natural person in subsequent laws.
Vargas v. Rillaroza Gatchalian v. COMELEC

 ―judge‖ without any modifying word or phrase  ―any election‖ - not only the election provided by
accompanying it is to be construed in generic law at that time, but also to future elections
sense to comprehend all kinds of judges; inferior including election of delegates to Constitutional
courts or justices of SC. Convention
C & C Commercial Corp v. NAWASA Words with commercial or trade meaning

 ―government‖ - without qualification should be  Words or phrases common among merchants and
understood in implied or generic sense including traders, acquire commercial meanings.
GOCCs.  When any of words used in statute, should be
given such trade or commercial meaning as has
Central Bank v. CA been generally understood among merchants.
 ―National Government‖ - refers only to central  Used in the following: tariff laws, laws of
government, consisting of executive, legislative commerce, laws for the government of the
and judiciary, as well as constitutional bodies ( as importer.
distinguished from local government & other  The law to be applicable to his class, should be
governmental entities) Versus-> construed as universally understood by importer
 “The Government of the Republic of the or trader.
Philippines‖ or ―Philippine Government‖ –
including central governments as well as local Asiatic Petroleum Co. v. CIR
government & GOCCs.  No tax shall be collected on articles which, before
its taking effect, shall have been ―disposed of‖
Republic Flour Mills v. Commissioner of Customs  Lay: parting away w/ something
 ―product of the Philippines‖ – any product  Merchant: to sell (this must be used)
produced in the country, e.g. bran (ipa) & pollard
(darak) produced from wheat imported into the San Miguel Corp. v. Municipal Council of Mandaue
country are ―products of the Philippines‖  ―gross value of money‖
 Merchant: ―gross selling price‖ which is the total
Generic term includes things that arise thereafter amount of money or its equivalent which
 Progressive interpretation - A word of general purchaser pays to the vendor to receive the goods.
signification employed in a statute, in absence of
legislative intent, to comprehend not only peculiar Words with technical or legal meaning
conditions obtaining at its time of enactment but  General rule: words that have, or have been used
those that may normally arise after its approval as in, a technical sense or those that have been
well judicially construed to have a certain meaning
 Progressive interpretation extends to the should be interpreted according to the sense in
application of statute to all subjects or conditions which they have been PREVIOUSLY used,
within its general purpose or scope that come into although the sense may vary from the strict or
existence subsequent from its passage literal meaning of the words
 Rationale: to keep statute from becoming  Presumption: language used in a statute, which
ephemeral (short-lived) and transitory (not has a technical or well-known meaning, is used in
permanent or lasting). that sense by the legislature
 Statutes framed in general terms apply to new
cases and subjects that arise. Manila Herald Publishing Co. v. Ramos
 General rule in StatCon: Legislative enactments in  Sec 14 of Rule 59 of Rules of Court which
general comprehensive operation, apply to prescribes the steps to be taken when property
persons, subjects and businesses within their

attached is claimed by a person other than the How identical terms in the statute construed
defendant or his agent  General rule: a word or phrase repeatedly used in a
 Statute: ―nothing herein contained shall prevent statute will bear the same meaning throughout the
such third person from vindicating his claim to the statute; unless a different intention is clearly
property by any proper action.‖ expressed.
 Issue: ―proper action‖ limits the 3rd party‘s  Rationale: word used in statute in a given sense
remedy to intervene in the action in which the writ presumed to be used in same sense throughout the
of attachment is issued law. Though rigid and peremptory, this is applicable
 Held: ―action‖ has acquired a well-defined where in the statute the words appear so near each
meaning as an ―ordinary suit in a court of justice other physically, particularly where the word has a
by which one party prosecutes another for the technical meaning and that meaning has been defined
enforcement or protection of a right or prevent in the statute.
redress or wrong…
De la Paz v. Court of Agrarian Relations <―Riceland‖>
While…  share tenancy - average produce per hectare for
 Sec 2 Rule 2 of Rules of Court; ―Commencement the 3 agricultural years next preceding the current
of Action‖ harvest
 Statute: ―Civil action may be commenced by  leasehold - according to normal average harvest of
filing a complaint with the proper court‖ the 3 preceding yrs
 Word: commencement - indicates the origination  ―Year‖- agricultural year not calendar year
of entire proceeding  ―Agricultural year‖ - represents 1 crop; if in 1
 It was appropriate to use proper action (in 1st calendar yr 2 crops are raised that‘s 2 agricultural
statute) than intervention, since asserted right of years.
3rd party claimant necessarily flows out of pending
suit; if the word ‗intervention‘ is used, it becomes Krivenko v. Register of Deeds
strange.  Statute: In Sec.1 , Art. XIII of 1935 Constitution -
―public agricultural lands shall not be alienated‖
Malanyaon v. Lising except in favor of Filipinos, SAME as Sec. 5 ―no
 Sec. 13 of Anti-Graft Law private agricultural land shall be transferred or
 Statute: ― if a public officer is acquitted, he shall assigned.‖
be entitled to reinstatement and to his salaries  both have same meaning being based on same
and benefits which he failed to receive during the policy of nationalization and having same subject.
suspension‖
 Issue: Will a public officer whose case has been Meaning of word qualified by purpose of statute
dismissed not ―acquitted‖ be entitled to benefits  Purpose may indicate whether to give word,
in Sec. 13? phrase, ordinary, technical, commercial restricted
 Held: No. Acquittal (legal meaning) - finding of or expansive meaning.
not guilty based on the merit.  In construing, court adopts interpretation that
 Dismissal does not amount to acquittal except accords best with the manifest purpose of statute;
when, the dismissal comes after the prosecution even disregard technical or legal meaning in favor
has presented all its evidence and is based on of construction which will effectuate intent or
insufficiency of such evidence. purpose.
Rura v. Lopena Word or phrase construed in relation to other provisions

 Probation law - Disqualified from probation those:  General rule: word, phrase, provision, should not
―who have been previously convicted by final be construed in isolation but must be interpreted in
judgment of an offense punished by imprisonment relation to other provisions of the law.
of not less than 1 month & a fine of no less than  This is a VARIATION of the rule that, statute
Php 200.‖ should be construed as a whole, and each of its
 Issue: ―previously convicted‖ provision must be given effect.
 Held: it refers to date of conviction, not date of
commission of crime; thus a person convicted on Claudio v. COMELEC
same date of several offenses committed in  Statute (LGC): ―No recall shall take place within 1
different dates is not disqualified. yr from the date of the official‘s assumption of
office or 1 year immediately preceding a regular
election‖

 Issue: Does the 1st limitation embraces the entire Gelano v. C.A.
recall proceedings (e.g. preparatory recall  In Corporation Law, authorizes a dissolved
assemblies) or only the recall election? corporation to continue as a body corporate for 3
 Held: the Court construed ―recall‖ in relation to yrs. for the purpose of defending and prosecuting
Sec.69 which states that, ―the power of recall… suits by or against it, and during said period to
shall be exercised by the registered voters of an convey all its properties to a ―trustee‖ for benefits
LGU to which the local elective official belongs.‖ of its members, stockholders, creditors and other
 Hence, not apply to all recall proceedings since interested persons, the transfer of the properties to
power vested in electorate is power to elect an the trustee being for the protection of its creditors
official to office and not power to initiate recall and stockholders.
proceedings.  Word ―trustee‖ - not to be understood in legal or
technical sense, but in GENERAL concept which
 Word or provision should not be construed in would include a lawyer to whom was entrusted the
isolation form but should be interpreted in relation prosecution of the cases for recovery of sums of
to other provisions of a statute, or other statutes money against corporation‘s debtors.
dealing on same subject in order to effectuate
what has been intended. Republic v. Asuncion
 Issue: Whether the Sandiganbayan is a regular
Garcia v. COMELEC court within the meaning of R.A. 6975?
 History of statute:  Statute: RA 6975 which makes criminal actions
o In the Constitution, it requires that involving members of the PNP come ―within the
legislature shall provide a system of exclusive jurisdiction of the regular courts.
initiative and referendum whereby people  Used ―regular courts‖ & ―civil courts‖
can directly approve or reject any act or interchangeably
law or part thereof passed by Congress or  Court martial - not courts within the Philippine
local legislative body. Judicial System; they pertain to the executive
o Local Govt. Code, a later law, defines department and simply instrumentalities of the
local initiative as ―process whereby executive power.
registered voters of an LGU may directly  Regular courts - those within the judicial
propose, enact, or amend any ordinance.‖ department of the government namely the SC and
 It is claimed by respondents that lower courts which includes the Sandiganbayan.
since resolution is not included  Held: Courts considered the purpose of the law
in this definition, then the same which is to remove from the court martial, the
cannot be subject of an jurisdiction over criminal cases involving
initiative. members of the PNP and to vest it in the courts
 Issue: whether a local resolution of a municipal within the judicial system.
council can be subject to an initiative and
referendum? Molina v. Rafferty
 Held: We reject respondent‘s narrow and literal  Issue: Whether ―Agricultural products‖ includes
reading of above provision for it will collide with domesticated animals and fish grown in ponds.
the Constitution and will subvert the intent of the  Statute: Phrase used in tax statute which exempts
lawmakers in enacting the provisions of the Local such products from payment of taxes, purpose is
Government Code (LGC) of 1991 on initiative & to encourage the development of such resources.
referendum  Held: phrase not only includes vegetable
 The subsequent enactment of the LGC did not substances but also domestic and domesticated
change the scope of its coverage. In Sec. 124 of animals, animal products, and fish or bangus
the same code. It states: (b) Initiative shall extend grown in ponds. Court gave expansive meaning to
only to subjects or matters which are within the promote object of law.
legal powers of the Sanggunians to enact.”
 This provision clearly does not limit the Munoz & Co. v. Hord
application of local initiative to ordinances, but to  Issue: ―Consumption‖ limited or broad meaning
all ―subjects or matters which are within the legal  Statute: word is used in statute which provides
powers of the Sanggunians to enact, which that ―except as herein specifically exempted, there
undoubtedly includes resolutions.‖ shall be paid by each merchant and manufacturer a
tax at the rate of 1/3 of 1% on gross value of
money in all goods, wares and merchandise sold,
bartered, or exchanged for domestic consumption.

 Held: Considering the purpose of the law, which mentioned ―foreshore lands,‖ ―marshy lands,‖ or
is to tax all merchants except those expressly ―lands covered with water.‖
exempted, it is reasonable and fair to conclude
that legislature used in commercial use and not in Peo. v. Ferrer
limited sense of total destruction of thing sold.  (case where context may limit the meaning)
 Word: ―Overthrow‖
Mottomul v. de la Paz  Statute: Anti-Subversion Act ―knowingly &
 Issue: Whether the word ―court‖ refers to the willfully and by overt acts.‖
Court of Appeals or the trial court?  Rejects the metaphorical ―peaceful‖ sense &
 Statute: RA 5343 Effect of Appeal- Appeal shall limits its meaning to ―overthrow‖ by force or
not stay the award, order, ruling, decision or violence.
judgment unless the officer or body rendering the
same or the court, on motion, after hearing & on Peo. v. Nazario
such terms as it may deem just should provide  Statute: Municipal tax ordinance provides ―any
otherwise. owner or manager of fishponds‖ shall pay an
 Held: It refers to the TRIAL COURT. If the annual tax of a fixed amount per hectare and it
adverse party intends to appeal from a decision of appears that the owner of the fishponds is the
the SEC and pending appeal desires to stay the government which leased them to a private person
execution of the decision, then the motion must be who operates them
filed with and be heard by the SEC before the  Word: ―Owner‖ – does not include government as
adverse party perfects its appeal to the Court of the ancient principle that government is immune
Appeals. from taxes.
 Purpose of the law: the need for immediacy of
execution of decisions arrived at by said bodies Where the law does not distinguish
was imperative.  Ubi lex non distinguit, nec nos distinguere
debemus - where the law does not distinguish,
Meaning of term dictated by context courts should not distinguish.
 The context in which the word or term is  Corollary principle: General words or phrases in a
employed may dictate a different sense statute should ordinarily be accorded their natural
 Verba accipienda sunt secundum materiam- a and general significance
word is to be understood in the context in which it  General term or phrase should not be reduced into
is used. parts and one part distinguished from the other to
justify its exclusion from operation.
People v. Chavez  Corollary principle: where the law does not make
 Statute: Family home extrajudicially formed shall any exception, courts may not except something
be exempt from execution, forced sale or therefrom, unless there a compelling reason to
attachment, except for ―non payment of debts‖ justify it.
 Word ―debts‖ – means obligations in general.  Application: when legislature laid down a rule for
one class, no difference to other class.
Krivenko v. Register of Deeds Presumption: that the legislature made no
 Statute: lands were classified into timber, mineral qualification in the general use of a term.
and agricultural
 Word ―agricultural‖ – used in broad sense to Robles v. Zambales Chromite Co.
include all lands that are neither timber, nor  Statute: grants a person against whom the
mineral, such being the context in which the term possession of ―any land‖ is unlawfully withheld
is used. the right to bring an action for unlawful detainer.
 Held: any land not exclusive to private or not
Santulan v. Executive. Secretary. exclusively to public; hence, includes all kinds of
 Statute: A riparian owner of the property land.
adjoining foreshore lands, marshy lands or lands
covered with water bordering upon shores of Director of Lands v. Gonzales
banks of navigable lakes shall have preference to  Statute: authorizes the director of lands to file
apply for such lands adjoining his property. petitions for cancellation of patents covering
 Fact: Riparian - one who owns land situated on public lands on the ground therein provided.
the banks of river.  Held: not distinguished whether lands belong to
 Held: Used in a more broader sense referring to a national or local government
property having a water frontage, when it

SSS v. City of Bacolod  Issue: Whether violation thereof refers to the

 Issue: exempts the payment of realty taxes to taping of a communication other than a
―properties owned by RP‖ participant to the communication or even to the
 Held: no distinction between properties held in taping by a participant who did not secure the
sovereign, governmental, or political capacity and consent of the party to the conversations.
those possessed in proprietary or patrimonial  Held: Law did not distinguish whether the party
character. sought to be penalized ought to be party other than
or different from those involved in the private
Velasco v. Lopez communication. The intent is to penalize all
 Statute: certain ―formalities‖ be followed in order persons unauthorized to make any such recording,
that act may be considered valid. underscored by ―any‖
 Held: no distinction between essential or non-
essential formalities Ligget & Myers Tobacco Co. v. CIR
 Statute: imposes a ―specific tax‖ on cigarettes
Colgate-Palmolive Phils v. Gimenez containing Virginia tobacco …. Provided that of
 Statute: does not distinguish between ―stabilizer the length exceeds 71 millimeters or the weight
and flavors‖ used in the preparation of food and per thousand exceeds 1¼ kilos, the tax shall be
those used in the manufacture of toothpaste or increased by 100%.
dental cream  Issue: whether measuring length or weight of
cigars, filters should be excluded therefrom, so
Oliva v. Lamadrid that tax would come under the general provision
 Statute: allows the redemption or repurchase of a and not under the proviso?
homestead property w/in 5 years from its  Held: Not having distinguished between filter and
conveyance non-filter cigars, court should not distinguish.
 Held: ―conveyance‖ not distinguished - voluntary
or involuntary. Tiu San v. Republic
 Issue: whether the conviction of an applicant for
Escosura v. San Miguel Brewery Inc. naturalization for violation of a municipal
 Statute: grants employee ―leaves of absence with ordinance would disqualify him from taking his
pay‖ oath as a citizen.
 Held: ―with pay‖ refers to full pay and not to half  Statute: An applicant may be allowed to take his
or less than full pay; to all leaves of absence and oath as a citizen after 2 years from the
not merely to sick or vacation leaves. promulgation of the decision granting his petition
for naturalization if he can show that during the
Olfato v. COMELEC intervening period ―he has not been convicted of
 Statute: makes COMELEC the sole judge of ―all any offense or violation of government rules‖
pre- proclamation controversies‖  Held: law did not make any distinction between
 Held : ―all‖ – covers national, provincial, city or mala in se and mala prohibita. Conviction of the
municipal applicant from violation of municipal ordinance is
comprehended within the statute and precludes
Phil. British Assurance Co. v. Intermediate Apellate Court applicant from taking his oath.
 Statute: A counterbond is to secure the payment of
―any judgment,‖ when execution is returned Peralta v. CSC
unsatisfied  Issue: whether provision of RA 2625, that
 Held: ―any judgment‖ includes not only final and government employees are entitled to 15 days
executory but also judgment pending appeal vacation leaves of absence with full pay and 15
whose execution ordered is returned unsatisfied. days sick leaves with full pay, exclusives of
Saturday, Sundays or holidays in both cases,
Ramirez v. CA applies only to those who have leave credits and
 Statute: ―Act to Prohibit & Penalize Wire Tapping not to those who have none.
and Other related Violations of Private  Held: Law speaks of granting of a right and does
Communications and Other Purposes‖ not distinguish between those who have
 ―It shall be unlawful, not being authorized by all accumulated and those who have none.
the parties to any private communication or
spoken word, to tap any wire or cable, or by using Pilar v. COMELEC
any other device or arrangement…‖  Statute: RA 7166 provides that ―Every candidate
shall, within 30 days after the day of the election

file xxx true and itemized statement of all alien not duly admitted by any immigration
contributions and expenditures in connection with officer…
the election.  does not justify giving the word a disjunctive
 Held: Law did not distinguish between a candidate meaning, since the words ―bring into‖ ―land‖,
who pushed through and one who withdrew it. ―conceals‖ and ―harbors‖ being four separate acts
 ―Every candidate‖ refers to one who pursued and each possessing its distinctive, different and
even to those who withdrew his candidacy. disparate meaning.
Sanciagco v. Rono CIR v. Manila Jockey Club

 (where the distinction appears from the statute,  Statute: imposes amusement taxes on gross
the courts should make the distinction) receipts of ―proprietor, lessee, or operator of
 Statute: Sec 13 of BP Blg. 697 which provides amusement place‖
that: “Any person holding public appointive or  Held: ―or‖ implies that tax should be paid by
position shall ipso facto cease in office or position either proprietor, lessee, or operator, as the case
as of the time he filed his certificate of candidacy‖ may be, single & not by all at the same time.
 Governors, mayors, members of various
sanggunians or barangay officials shall upon the  Use of ―or‖ between 2 phrases connotes that either
filing of candidacy, be considered on forced leave phrase serves as qualifying phrase.
of absence from office  ―or‖ means ―and‖, WHEN THE SPIRIT OR
 Facts: an elective Barangay. Captain was elected CONTEXT OF THE LAW SO WARRANTS
President of Association of Barangay Councils
and pursuant thereto appointed by the President as Trinidad v. Bermudez (e.g. of ―or‖ to mean ―and‖)
member of the Sanggunian Panlungsod. He ran  Statute: Sec. 2, Rule 112 of Rules of Court
for Congress but lost. authorizing municipal judges to conduct
 Issue: He then wants to resume his duties as ―preliminary examination or investigation‖
member of sangguiniang panlungsod. He was
merely forced on leave when he ran for Congress.  ―or‖ equivalent of ―that is to say‖
 Held: the Secretary of Local Government denied
his request; being an appointive sanggunian SMC v. Municipality of Mandaue (e.g. of ―or‖ equivalent of
member, he was deemed automatically resigned ―that is to say‖)
when he filed his certificate of candidacy.  Ordinance: imposes graduated quarterly fixed tax
 ―based on the gross value in money or actual
Garvida v. Sales, Jr. market value‖ of articles; phrase ―or actual market
 Issue: whether petitioner who was over 21 but value‖ intended to explain ―gross value in
below 22 was qualified to be an elective SK money.‖
member
 Statute: Sec.424 of the LGC provides that a  ―or‖ means successively
member of the Katipunan ng Kabataan must not  Statute: Art. 344 of the Revised Penal Code - ―the
be 21 yrs old. offenses of seduction, abduction, rape or acts of
 Sec. 428 as additional requirement provides that lasciviousness, shall not be prosecuted except
elective official of Sangguniang Kabataan must upon a complaint by the offended party or her
not be more than 21 yrs. ―on the day of election‖ parents, grandparents or guardian….‖
 Held: the distinction is apparent: the member may  Although these persons are mentioned
be more than 21 years of age on election day or on disjunctively, provision must be construed as
the day he registers as member of Katipunan ng meaning that the right to institute a criminal
Kabataan. But the elective official, must not be proceeding is exclusively and successively
more than 21 years of age on the day of election. reposed in said persons in the order mentioned, no
one shall proceed if there is any person previously
Disjunctive and conjunctive words mentioned therein with legal capacity to institute
 Word ―or‖ is a disjunctive term signifying the action.
disassociation and independence of one thing from
each other.  ―And‖ is a conjunction pertinently defined as
meaning ―together with,‖ ―joined with,‖ ―along
Peo v. Martin with,‖ ―added to or linked to‖
 Statute: Sec. 40 of Commonwealth Act 61, o Never to mean ―or‖
punishes ―any individual who shall bring into or o Used to denote joinder or union
land in the Philippines or conceals or harbors any

 ―and/or‖ - means that effect should be give to both proclamation of Gen. McArthur issued on
conjunctive and disjunctive term October 23, 1944 that ―all laws, regulations and
o term used to avoid construction which by processes of any other government in the
use of disjunctive ―or‖ alone will exclude Philippines than that of the said Commonwealth
the combination of several of the are null and void and without legal effect.‖
alternatives or by the use of conjunctive  ―Processes‖ does not refer to judicial processes
―and‖ will exclude the efficacy of any but to the executive orders of the Chairman of
one of the alternatives standing alone. the Philippine Executive Committee, ordinances
promulgated by the President of so-called RP,
ASSOCIATED WORDS and others that are of the same class as the laws
and regulations with which the word ―processes‖
Noscitur a sociis is associated.
 where a particular word or phrase is ambiguous in
itself or equally susceptible of various meanings, Commissioner of Customs v. Phil. Acetylene Co.
its correct construction may be made clear and  Statute: Sec. 6 of RA 1394 provides that ―tax
specific by considering the company of words in provided for in Sec. 1 of this Act shall not be
which it is found or with which it is associated. imposed against the importation into the
 to remove doubt refer to the meaning of associated Philippines of machinery or raw materials to be
or companion words used by new and necessary industry xxx;
machinery equipment, spare parts, for use of
Buenaseda v. Flavier industries…‖
 Statute: Sec. 13(3), Art XI of the Constitution  Issue: Is the word ―industries‖ used in ordinary,
grants Ombudsman power to ―Direct the officer generic sense, which means enterprises
concerned to take appropriate action against a employing relatively large amounts of capital
public official or employee at fault, and and/or labor?
recommend his removal, suspension, demotion,  Held: Since ―industries‖ used in the law for the
fine censure or prosecution. 2nd time ―is classified together‖ with the terms
 ―suspension‖ – is a penalty or punitive measure miners, mining industries, planters and farmers,
not preventive obvious legislative intent is to confine the
meaning of the term to activities that tend to
Magtajas v. Pryce Properties Corp. produce or create or manufacture such as those
 Stat: Sec. 458 of LGC authorized local miners, mining enterprises, planters and farmers.
government units to prevent or suppress  If used in ordinary sense, it becomes inconsistent
―Gambling & other prohibited games of chance.‖ and illogical
 ―Gambling‖ – refers only to illegal gambling, like
other prohibited games of chance, must be Peo. v. Santiago
prevented or suppressed & not to gambling  Issue: Whether defamatory statements through
authorized by specific statutes. the medium of an amplifier system constitutes
slander or libel?
Carandang v. Santiago  Libel: committed by means of ―writing, printing,
 Issue: Whether an offended party can file a lithography, engraving, radio, cinematographic
separate and independent civil action for exhibiton.‖
damages arising from physical injuries during  It is argued that ―amplifier‖ similar to radio
pendency of criminal action for frustrated  Held: No. Radio should be considered as same
homicide. terms with writing and printing whose common
 Statute: Art. 33 of Civil Code ―in case of characteristic is the ―permanent means of
defamation, fraud, & physical injuries…‖ publication.‖
 Held: Court ruled that ―physical injuries‖ not as
one defined in RPC, but to mean bodily harm or San Miguel Corp. v. NLRC
injury such as physical injuries, frustrate  Issue: Whether claim of an employee against his
homicide, or even death. employer for cash reward or submitting process
to eliminate defects in quality & taste of San
Co Kim Chan v. Valdez Tan Keh Miguel product falls within jurisdiction of the
 Issue: Whether proceedings in civil cases labor arbiter of NLRC?
pending in court under the so called Republic of  Held: No. Outside of jurisdiction. Not necessary
the Philippines established during the Japanese that entire universe of money claims under
military occupation are affected by the jurisdiction of labor arbiter but only those to 1.)

unfair labor practices, 2.) claims concerning Ejusdem generis (or the same kind or species)
terms & conditions of employment 4.) claims  General rule: where a general word or phrase
relating to household services 5.) activities follows an enumeration of particular and specific
prohibited to employers & employees. words of the same class or where the latter
 Statute: ―jurisdiction of Labor Arbiters and the follow the former, the general word or phrase is
NLRC, as last amended by BP Blg. 227 to be construed to include, or to be restricted to,
including paragraph 3 ―all money claims of persons, things or cases akin to, resembling, or of
workers, including hose based on nonpayment or the same kind or class as those specifically
underpayment of wages, overtime compensation, mentioned.
separation pay, and other benefits provided by  Purpose: give effect to both particular or general
law or appropriate agreement, except claims for words, by treating the particular words as
employees compensation, social security, indicating the class and the general words as
medicare and maternity benefits.‖ indicating all that is embraced in said class,
although not specifically named by the particular
Ebarle v. Sucaldito words.
 Statute: EO 265 outlines the procedure which  Principle: based on proposition that had the
complainants charging government officials and legislature intended the general words to be used
employees with commission of irregularities in their generic and unrestricted sense, it would
should be guided, applies to criminal actions or have not enumerated the specific words.
complaints.  Presumption: legislators addressed specifically to
 EO 265 – ―complaints against public officials and the particularization
employees shall be promptly acted upon and
disposed of by the officials or authorities Illustration
concerned in accordance with pertinent laws and
regulations so that the erring officials and Mutuc v. COMELEC
employees can be soonest removed or otherwise  Statute: Act makes unlawful the distribution of
disciplines and the innocent, exonerated or electoral propaganda gadgets, pens, lighters, fans,
vindicated in like manner, and to the end also that flashlights, athletic goods, materials and the like”
other remedies, including court action, may be  Held: and the like, does not embrace taped jingles
pursued forthwith by the interested parties, after for campaign purposes
administrative remedies shall have been
exhausted‖ Murphy, Morris & Co. v. Collector of Customs
 Held: executive order does not apply to criminal  Statute: Dynamos, generators, exciters, and other
actions. The term is closely overshadowed by the machinery for the generation of electricity for
qualification - “After administrative remedies lighting or for power;
shall have been exhausted,” which suggest civil  Held: phrase ―other machinery‖ would not include
suits subject to previous administrative actions. steam turbines, pumps, condensers, because not
same kind of machinery with dynamos, generators
Mottomul v. dela Paz and exciters.
 Issue: Whether the word ‗court‘ in Sec 5, Art
5434: Appeal shall not stay the award, order, Vera v. Cuevas
ruling, decision or judgment unless the officer or  Statute: all condensed skimmed milk and all milk
body rendering the same or the court, on motion in whatever form shall be clearly and legibly
after hearing, and on such terms as it may deem marked on its immediate containers with words:
just should provide otherwise. The propriety of a ―This milk is not suitable for nourishment for
stay granted by the officer or body rendering the infants less than 1 year of age‖
award, order, ruling, decision or judgment may  Held: restricts the phrase ―all milk in whatever
be raised only by motion in the main case,‖ refers form,‖ excluded filled milk.
to the CA or to the Court of Agrarian Relations?
 Held: Correct construction made clear with Graphilon v. Municipal Court of Cigara
reference to Sec. 1 of RA 5434, where the court,  Statute: the vice-mayor shall be entitled to assume
officers or bodies whose decision, award are the office of the mayor during the absence,
appealable to the Court of Appeals, enumerated suspension or other temporary disability
as follows: Court of Agrarian Relations, Sec. of  Held: anything which disables the mayor from
Labor, Social Security Commission etc…; From exercising the power and prerogatives of his
grouping, the enumeration in Sec. 5 means Court office, since ―their temporary disability‖ follows
of Agrarian Relations not CA. the words ―absence‖ and ―suspension‖

Peo. v. Magallanes Cagayan Valley Enterprises v. CA

 Where a law grants a court exclusive jurisdiction  Issue: whether the phrase ―other lawful
to hear and decide ―offenses or felonies beverages‖ which gives protection to
committed by public officials and employees in manufacturer with the Phil. Patent Office its duly
relation to their office,‖ the phrase ―IN stamped or marked bottles used for ―soda water,
RELATION TO THEIR OFFICE‖ qualifies or mineral or aerated waters, cider, milk, cream or
restricts the offense to one which cannot exist other lawful beverages,‖ includes hard liquor?
without the office, or the office is a constituent  Statute title: ―An Act to regulate the use of
element of the crime defined in the statute or one stamped or marked bottles, boxes, casks, kegs,
perpetuated in the performance, though improper barrels, & other similar containers.‖
or irregular, of his official functions  Held: The title clearly shows intent to give
protection to all marked bottles of all lawful
Cu Unjieng Sons, Inc. v. Bord of Tax Appeals beverages regardless of nature of contents.
 Issue: whether losses due to the war were to be
deductible from gross income of 1945 when they National Power Corp. v. Angas
were sustained, or in 1950 when Philippine War  Issue: whether the term judgment, refers to any
Damage Commission advised that no payment judgment directing the payment of legal interest.
would be made for said losses?  Statute: Central Bank Circular # 416 – ―by virtue
 Statute: ―In the case of a corporation, all losses of the authority granted to it under Sec. 1 of Act
actually sustained and not charged off within the Number 2655, as amended, otherwise known as
taxable year and not compensated for by insurance Usury Law, the Monetary Board in a resolution
or otherwise.‖ prescribed that the rate of interest for loan or
 Contention: the assurances of responsible public forbearance of any money, good or credit & the
officials before the end of 1945 that property rate allowed in judgment in the absence of express
owners would be compensated for their losses as a contract shall be 12% per annum.
result of the war sufficed to place the losses within  Held: Judgments should mean only judgments
the phrase ―compensated xxx otherwise‖ than by involving loans or forbearance money, goods or
insurance credit, these later specific terms having restricted
 Held: Rejected! ―Otherwise‖ in the clause the meaning ―judgments‖ to those same class or
“compensated for by insurance or otherwise” the same nature as those specifically enumerated.
refers to compensation due under a title analogous
or similar to insurance. Inasmuch as the latter is a Republic v. Migrino
contract establishing a legal obligation, it follows  Facts: retired military officer was investigated by
that in order to be deemed ―compensated for xxx the PCGG for violation of Anti-Graft Act in
‗otherwise,‘ the losses sustained by a taxpayer relation to EO # 1 & 2 authorizing the PCGG to
must be covered by a judicially enforceable right, recover ill-gotten wealth from the former
springing from any of the juridical sources of President‘s ―subordinates and close associates‖
obligations, namely, law, contract, quasi-contract,  Issue: Does PCGG have jurisdiction to investigate
torts, or crimes,‖ and not mere pronouncement of such military officer for being in service during
public officials the administration of the former President?
 Held: ―Subordinates‖ refers only to one who
Cebu Institute of Technology v. Ople enjoys close association or relation to the former
 Issue: Whether teachers hired on contract basis are President and his wife; term ―close associates‖
entitled to service incentive leave benefits as restricted the meaning of ―subordinates‖
against the claim that they are not so?
 Statute: Rule V of IRR of Labor Code: ―This rule Limitations of ejusdem generis
(on service incentive leaves) shall apply to all  Requisites:
employees, except ―filed personnel and other o Statute contains an enumeration of
employees whose performance is unsupervised by particular & specific words, followed by
the employer including those who are engaged on general word or phrase
task or contract basis.‖ o Particular and specific words constitute a
 Held: ―those who were employed on task or class or are the same kind
contract basis‖ should be related with ―field o Enumeration of the particular & specific
personnel,‖ apply the principle, clearly teachers words is not exhaustive or is not merely
are not field personnel and therefore entitled to by examples
service incentive leave benefits.

o There is no indication of legislative intent must be regarded as coming within the

to give the general words or phrases a purview of the general rule
broader meaning o Expressio unius est exclusion alterius -
 Rule of ejusdem generis, is not of universal The expression of one or more things of a
application; it should use to carry out, not defeat class implies the exclusion of all not
the intent of the law. expressed, even though all would have
been implied had none been expressed;
US v. Santo Nino opposite the doctrine of necessary
 Statute: It shall be unlawful to for any person to implication
carry concealed about his person any bowie, knife,
dagger, kris or other deadly weapon. Provided Negative-opposite doctrine
prohibition shall not apply to firearms who have  Argumentum a contrario- what is expressed puts
secured a license or who are entitled to carry the an end to what is implied.
same under the provisions of this Act.‖
 Issue: does ―the deadly weapon‖ include an Chung Fook v. White
unlicensed revolver?  Statute: case exempts the wife of a naturalized
 Held: Yes! Carrying such would be in violation American from detention, for treatment in a
of statute. By the proviso, it manifested its hospital, who is afflicted with a contagious
intention to include in the prohibition weapons disease.
other than armas blancas therein specified.  Held: Court denied petition for writ of habeas
corpus (filed by the native-born American citizen
Cagayan Valley Enterprises, Inc. v. CA – previous page, sa on behalf of wife detained in hospital), court
kabilang column  resorted to negative-opposite doctrine, stating that
statute plainly relates to wife of a naturalized
Roman Catholic Archbishop of Manila v. Social Security citizen & cannot interpolate ―native-born‖ citizen.
Commission  Analysis: court‘s application results to injustice
 Issue: a religious institution invoking ejusdem (as should not discriminate against native-born
generi whether ‗employer‖ be limited to citizens), which is not intent of law, should have
undertaking an activity which has an element of used doctrine of necessary implication.
profit or gain?
 Statute: ―any person, natural or juridical, domestic Application of expression unius rule
or foreign, who carried in the Philippines any  Generally used in construction of statutes granting
trade, business, industry…. and uses the services powers, creating rights and remedies, restricting
of another person, who under his orders as regard common rights, imposing rights & forfeitures, as
the employment, except the Government, and any well as statutes strictly construed.
of its political subdivisions branches or
instrumentalities and GOCCs‖. Acosta v. Flor
 Held: No. the rule of ejusdem generis applies  Statute: specifically designates the persons who
only when there is uncertainty. The definition is may bring actions for quo warranto, excludes
sufficiently comprehensive to include charitable others from bringing such actions.
institutions and charities not for profit; it
contained exceptions which said institutions and Escribano v. Avila
entities are not included.  Statute: for libel, ―preliminary investigations of
criminal actions for written defamation xxx shall
Expressio unius est exclusion alterius be conducted by the city fiscal of province or city
 The express mention of one person, thing or or by municipal court of city or capital of the
consequence implies the exclusion of all others. province where such actions may be instituted
 Rule may be expressed in a number of ways: precludes all other municipal courts from
o Expressum facit cessare tacitum - what is conducting such preliminary investigations
expressed puts an end to that which is
implied where a statute, by its terms, is Peo. v. Lantin
expressly limited to certain matters, it  Statute: crimes which cannot be prosecuted de
may not, by interpretation or oficio namely adultery, concubinage, seduction,
construction, be extended to other rape or acts of lasciviousness; crimes such as
matters. slander can be prosecuted de oficio.
o Exceptio firmat regulam in casibus non
exceptis - A thing not being excepted

More short examples on p. 225 mayors fall under the competitive service, for by
Manila Lodge No. 761 v. CA making an enumeration, the legislature is
Santos v. CA presumed to have intended to exclude those not
Lerum v. Cruz enumerated, for otherwise it would have included
Central Barrio v. City Treasurer of Davao them in the enumeration
Vera v. Fernandez Firman General Insurance Corp. v. CA

 Statute: All claims for money against the  The insurance company disclaimed liability since
decedent, arising from contracts, express or death resulting from murder was impliedly
implied, whether the same be due, not due, or excluded in the insurance policy as the cause of
contingent, all claims for funeral expenses and death is not accidental but rather a deliberate and
expenses for the last sickness of the decedent, and intentional act, excluded by the very nature of a
judgment for money against decedent, must be personal accident insurance.
filled within the time limit of the notice, otherwise  Held: the principle ―expresssio unius est exclusio -
barred forever. the mention of one thing implies the exclusion of
 Held: The taxes due to the government, not being the other thing - not having been expressly
mentioned in the rule are excluded from the included in the enumeration of circumstances that
operation of the rule. would negate liability in said insurance policy
cannot be considered by implication to discharge
Mendenilla v. Omandia the petitioner insurance company to include death
 Statute: changed the form of government of a resulting from murder or assault among the
municipality into a city provides that the prohibited risks lead inevitably to the conclusion
incumbent mayor, vice-mayor and members of the that it did not intend to limit or exempt itself from
municipal board shall continue in office until the liability for such death
expiration of their terms.  Insurance company still liable for the injury,
 Held: all other municipal offices are abolished. disability and loss suffered by the insured. (sobra
‗to, I swear! Minurder na nga, ayaw pang bayaran!
Butte v. Manuel Uy & Sons, Inc. Sobra! Hindi daw accidental… eh di mas lalo ng
 Statute: Legislature deliberately selected a kailangang bayaran dahil murder! Sus! Sus!)
particular method of giving notice, as when a co-
owner is given the right of legal redemption Centeno v. Villalon-Pornillos
within 30 days from notice in writing by the  Issue: whether the solicitation for religious
vendor in case the other co-owner sells his share is purposes, i.e., renovation of church without
the co-owned property, securing permit fro Department of Social
 Held: the method of giving notice must be deemed Services, is a violation of PD 1564, making it a
excusive & a notice sent by vendee is ineffective. criminal offense for a person to solicit or receive
contributions for charitable or public welfare
Villanueva v. City of Iloilo purposes.
 Statute: Local Autonomy Act, local governments  Held: No. Charitable and religious specifically
are given broad powers to tax everything, except enumerated only goes to show that the framers of
those which are specifically mentioned therein. If the law in question never intended to include
a subject matter does not come within the solicitations for religious purposes within its
exceptions, an ordinance imposing a tax on such coverage.
subject matter is deemed to come within the broad
taxing power, exception firmat regulam in casibus Limitations of the rule
non exceptis. 1. It is not a rule of law, but merely a tool in
statutory construction
Samson v. Court of Appeals 2. Expressio unius est exclusion alterius, no more
 Where the law provides that positions in the than auxiliary rule of interpretation to be ignored
government belong to the competitive service, where other circumstances indicate that the
except those declared by law to be in the enumeration was not intended to be exclusive.
noncompetitive service and those which are 3. Does not apply where enumeration is by way of
policy-determining, primarily confidential or example or to remove doubts only.
highly technical in nature and enumerates those in
the noncompetitive as including SECRETARIES Gomez v. Ventura
OF GOVERNORS AND MAYORS, the clear  Issue: whether the prescription by a physician of
intent is that assistant secretaries of governors and opium for a patient whose physical condition did
not require the use of such drug constitutes
―unprofessional conduct‖ as to justify revocation they are not dependent upon him for support and
of physician‘s license to practice living separately from him BECAUSE the
 Held: Still liable! Rule of expressio unius not qualifying phrase ―who are dependent upon him
applicable for support‖ refers solely to its last antecedent,
 Court said, I cannot be seriously contended that namely, ―such other person or persons, whether
aside from the five examples specified, there can related to the tenant or not‖
be no other conduct of a physician deemed
‗unprofessional.‘ Nor can it be convincingly Florentino v. PNB
argued that the legislature intended to wipe out all  Issue: whether holders of backpay certificates can
other forms of ‗unprofessional‘ conduct therefore compel government-owned banks to accept said
deemed grounds for revocation of licenses certificates in payment of the holder‘s obligations
to the bank.
4. Does not apply when in case a statute appears  Statute: ―obligations subsisting at the time of the
upon its face to limit the operation of its provision approval of this amendatory act for which the
to particular persons or things enumerating them, applicant may directly be liable to the government
but no reason exists why other persons or things or to any of its branches or instrumentalities, or to
not so enumerated should not have been included corporations owned or controlled by the
and manifest injustice will follow by not including government, or to any citizens of the Philippines
them. or to any association or corporation organized
5. If it will result in incongruities or a violation of under the laws of the Philippines, who may be
the equal protection clause of the Constitution. wiling to accept the same for such settlement‖
6. If adherence thereto would cause inconvenience,  Held: the court, invoking the doctrine of last
hardship and injury to the public interest. antecedent, ruled that the phrase qualify only to its
last antecedent namely ―any citizen of the
Doctrine of casus omissus Philippines or association or corporation
 A person, object or thing omitted from an organized under the laws of the Philippines‖
enumeration must be held to have been omitted  The court held that backpay certificate holders can
intentionally. compel government-owned banks to accept said
 The maxim operates only if and when the certificates for payment of their obligations with
omission has been clearly established, and in such the bank.
a case what is omitted in the enumeration may
not, by construction, be included therein. Qualifications of the doctrine.
 Exception: where legislature did not intend to 1. Subject to the exception that where the intention
exclude the person, thing or object from the of the law is to apply the phrase to all antecedents
enumeration. If such legislative intent is clearly embraced in the provision, the same should be
indicated, the court may supply the omission if to made extensive to the whole.
do so will carry out the clear intent of the 2. Doctrine does not apply where the intention is not
legislature and will not do violence to its language to qualify the antecedent at all.
Doctrine of last antecedent Reddendo singular singuilis

 Qualifying words restrict or modify only the  Variation of the doctrine of last antecedent
words or phrases to which they are immediately  Referring each to each;
associated not those which are distantly or  Referring each phrase or expression to its
remotely located. appropriate object, or let each be put in its proper
 Ad proximum antecedens fiat relatio nisi place, that is, the word should be taken
impediatur sententia – relative words refer to the distributively.
nearest antecedents, unless the context otherwise
requires Peo. v Tamani
 Rule: use of a comma to separate an antecedent  Issue: when to count the 15-day period within
from the rest exerts a dominant influence in the which to appeal a judgment of conviction of
application of the doctrine of last antecedent. criminal action—date of promulgation of
judgment or date of receipt of notice of judgment.
Illustration of rule  Statute: Sec. 6, Rule 122 of the Rules of Court
 Held: Should be from ‗promulgation‘ should be
Pangilinan v. Alvendia referring to ‗judgment,‘ while notice refer to
 Members of the family of the tenant includes the order.
tenant‘s son, son-in-law, or grandson, even though

King v. Hernandez  Thus it may enlarge, than restrict

 Issue: Whether a Chinese holding a noncontrol
position in a retail establishment, comes within the U.S. v. Santo Nino
prohibition against aliens intervening ―in the  Statute: it shall be unlawful for any person to
management, operation, administration or control‖ carry concealed about his person any bowie, knife,
followed by the phrase ―whether as an officer, dagger, kris or any other deadly weapon:
employee or laborer… Provided, that this provision shall not apply to
 Held: Following the principle, the entire scope of firearms in the possession of persons who have
personnel activity, including that of laborers, is secured a license therefore or who are entitled to
covered by the prohibition against the same under provisions of this Act.
employment of aliens.  Held: through the Proviso it manifested the
intention to include in the prohibition weapons
Amadora v. CA other than armas blancas as specified.
 Issue: whether Art 2180 of Civil Code, which
states that ―lastly teachers or heads of Proviso as additional legislation
establishments of arts and trade shall be liable for  Expressed in the opening statement of a section of
damages caused by their pupils and students or a statute
apprentices so long as they remain in their  Would mean exactly the reverse of what is
custody‖ applies to all schools, academic as well necessarily implied when read in connection with
as non-academic the limitation
 Held: teachers  pupils and students; heads of  Purpose:
establishments of arts and trades to  apprentices o To limit generalities
 General rule: responsibility for the tort committed o Exclude from the scope of the statute that
by the student will attach to the teacher in charge which otherwise would be within its
of such student (where school is academic) terms
 Exception: responsibility for the tort committed by
the student will attach to the head, and only he, What proviso qualifies
(who) shall be held liable (in case of the  General rule: qualifies or modifies only the phrase
establishments of arts and trades; technical or immediately preceding it; or restrains or limits
vocational in nature) the generality of the clause that it immediately
follows.
PROVISOS, EXCEPTIONS AND CLAUSES  Exception: unless it clearly appears that the
legislature intended to have a wider scope
Provisos, generally
 to limit the application of the enacting clause, Chinese Flour Importers Assn v. Price Stabilization Board
section or provision of a statute, or except  Statute: Sec. 15 RA 426 - Any existing law,
something, or to qualify or restrain its generality, executive order or regulation to the contrary
or exclude some possible ground of notwithstanding, no government agency except
misinterpretation of it, as extending to cases not the Import Control Commission shall allocate the
intended by legislature to be brought within its import quota among the various importers.
purview. Provided, That the Philippine Rehabilitation and
 Rule: restrain or qualify the generality of the Trade Administration shall have exclusive power
enacting clause or section which it refers. and authority to determine and regulate the
 Purpose: limit or restrict the general language or allocation of wheat flour among importers.‖
operation of the statute, not to enlarge it.  Issue: whether or not the proviso excluded wheat
 Location: commonly found at the end of a statute, flour from the scope of act itself.
or provision & introduced, as a rule, by the word  Held: NO! Proviso refer to the clause
―Provided‖. immediately preceding it and can have no other
 Determined by: What determines whether a clause meaning than that the function of allocating the
is a proviso is its substance rather than its form. If wheat flour instead of assigning to Import Control
it performs any of the functions of a proviso, then Commission was assigned to PRTA.
it will be regarded as such, irrespective of what  If wheat flour is exempted from the provisions of
word or phrase is used to introduce it. the Act, the proviso would have been placed in the
section containing the repealing clause
Proviso may enlarge scope of law
 It is still the duty of the courts to ascertain the
legislative intention and it prevails over proviso.

Collector of Internal Revenue v. Angeles

 When an earlier section of statute contains Repugnancy between proviso and main provision
proviso, not embodied in later section, the proviso,  Where there is a conflict between the proviso and
not embodied in a later section thereof, in the the main provision, that which is located in a later
absence of legislative intent, be confined to portion of the statute prevails, unless there is
qualify only the section to which it has been legislative intent to the contrary.
appended.  Latter provision, whether provision or not, is
given preference for it is the latest expression of
Flores v. Miranda the intent of the legislation.
 Issue: Petitioner that approval of the Public
Service Commission of the sale of public service Exceptions, generally
vehicle was not necessary because of proviso in  Exception consists of that which would otherwise
Sec. 20 of Commonwealth Act No. 146 be included in the provision from which it is
 Statute: It shall be unlawful for any public service excepted.
vehicle or for the owner, lessee or operator  It is a clause which exempts something from the
thereof, without the previous approval and operation of a statute by express words.
authority of the Commission previously had xxx  ―except,‖ ―unless otherwise,‖ and ―shall not
to sell, alienate xxx its property, franchise; apply‖
Provided, however, that nothing herein contained  May not be introduced by words mentioned
shall be construed to prevent the transaction from above, as long as if such removes something from
being negotiated or completed before its approval the operation of a provision of law.
or to prevent the sale, alienation, or lease by any  Function: to confirm the general rule; qualify the
public service of any of its property in the words or phrases constituting the general rule.
ordinary course of business‖  Exceptio firmat regulam in casibus exceptis - A
 Held: thing not being excepted, must be regarded as
o the proviso xxx means only that the sale coming within the purview of the general rule.
without the required approval is still  Doubts: resolved in favor of general rule
valid and binding between the parties;
also Exception and Proviso distinguished
o the phrase ―in the ordinary course of
business xxx could not have been Exception:
intended to include sale of vehicle itself,  Exempts something absolutely from the operation
but at most may refer only to such of statute
property that may be conceivably
 Takes out of the statute something that otherwise
disposed of by the carrier in the ordinary would be a part of the subject matter of it.
course of its business, like junked
 Part of the enactment itself, absolutely excluding
equipment.
from its operation some subject or thing that
would otherwise fall within the scope.
Mercado Sr. v. NLRC
Proviso:
 Held: the proviso in par 2 of Art 280 relates only
 Defeats its operation conditionally.
to casual employees; not to project employees.
 Avoids by way of defeasance or excuse
 Applying rule that proviso to be construed with
reference to immediately preceding part of the  If the enactment is modified by engrafting upon it
provision which it is attached and not to other a new provision, by way of amendment, providing
sections thereof, unless legislative intent was to conditionally for a new case- this is the nature of
proviso.
restrict or qualify.
Exception to the rule Similar: in a way since one of the functions of proviso is to
except something from an enacting clause.
 Proviso construed to qualify only the immediately
preceding part of the section to which it is
Illustration of exception
attached; if no contrary legislative intent is
indicated.
MERALCO v. Public Utilities Employees’ Association
 Where intent is to qualify or restrict the phrase
 Statute: No person, firm, or corporation, business
preceding it or the earlier provisions of the statute
establishment or place shall compel an employee
or even the statute itself as a whole, then the
or laborer to work on Sundays& legal holidays,
proviso will be construed in that manner, in order
unless paid an additional sum of at least 25% of
that the intent of the law may be carried out
his renumeration: Provided, that this prohibition

shall not apply to public utilities performing the postmaster, service shall take effect at the
public service, e.g. supplying gas, electricity, expiration of such time.‖
power, water etc…  Issue: Whether actual receipt the date of a
 Issue: Is MERALCO liable to pay the 25% for registered mail after 5 day period, is the date from
employees who work during holidays and which to count the prescriptive period to comply
Sundays? with certain requirements.
 Held: Negative. 2nd part is an exception although  Held: Service is completed on the 5th day after the
introduced by ―Provided.‖ As appellant is a public 1st notice, even if he actually received the mail
utility that supplies electricity & provides means months later.
of transportation, it is evident that appellant is  2nd part is separated by semicolon, and begins with
exempt from qualified prohibition established in ‗but‘ which indicates exception.
the enactment clause.
Saving clause
Tolentino v. Secretary of Finance  Provision of law which operates to except from
 Statute: No bill shall be passed by either House the effect of the law what the clause provides, or
shall become a law unless it has passed 3 readings save something which would otherwise be lost.
on separate days, & printed copies thereof in its  Used to save something from effect of repeal of
final form have been distributed to its Members 3 statute
days before its passage, except when the President  Legislature, in repealing a statute, may preserve in
certifies to the necessity of its immediate the form of a saving clause, the right of the state to
enactment to meet a public calamity or prosecute and punish offenses committed in
emergency. violation of the repealed law.
 Held: it qualifies only its nearest antecedent,  Where existing procedure is altered or substituted
which is the distribution of the printed bill in its by another, usual to save proceedings under the
final form 3 days from its final passage.& not the old law at the time the new law takes effect, by
3 readings on separate days. means of saving clause
 Construed: in light of intent by legislature
Pendon v. Diasnes  Given strict or liberal meaning depending on
 Issue: whether a person convicted of a crime nature of statute.
against property, who was granted absolute
pardon by the President, is entitled to vote? CHAPTER SIX: Statute Construed as Whole and in
 Statute: A person shall not be qualified to vote Relation to other Statutes
―who has been sentenced by final judgment to
suffer one year or more from imprisonment, such STATUTE CONSTRUED AS WHOLE
disability not having been removed any plenary
pardon‖ or ―who has been declared by final Generally
judgment guilty of any crime against property.‖  Statute is passed as a whole
 1st clause- 2 excpetions – (a) Person penalized by o It should have one purpose and one intent
less than 1 yr.; and (2) Person granted an absolute o Construe its parts and section in
pardon connection with other parts
 2nd clause - creates exception to 1st but not to 2nd o Why? To ―produce‖ a harmonious whole
that a person convicted of crime against property  Never:
cannot vote unless there‘s pardon. o Divide by process of etymological
 Held: absolute pardon for any crime for which one dissertation (why? Because there are
year of imprisonment or more was meted out instances when the intention of the
restores the prisoner to his political rights. legislative body is different from that of
 If penalty less 1 yr, disqualification not apply, the definition in its original sense)
except when against property- needs pardon. o Separate the words (remember that the
 The 2nd clause creates the exception to the 1st whole point of this chapter is to construe
it as a whole)
Gorospe v. CA (exception need not be introduced by o Separate context
“except” or “unless”) o Base definitions on lexicographer (what
 Statute: Rule 27 of Rules of Court, ―service by is a lexicographer? A person who studies
registered mail is complete upon actual receipt by lexicography. What is lexicography
the addressee; but if fail to claim his mail from the then? Analyzes semantic relationships
post office within 5 days from ate of first notice of between lexicon and language – not
important. Never mind ) – ang kulit!

 The whole point of this part is to construe the telephone extension is not included because the
whole statute and its part together (actually kahit words in the provision limit it to those that have a
ito nalang tandaan hanggang matapos kasi ito lang physical interruption through a wiretap or the
yung sinasabi ng book) deliberate installation of device to overhear.
(Remember the maxim noscitus a sociis because
Intent ascertained from statute as whole in here they applied an association with other
 Legislative meaning and intent should be words in construing the intention or limitation of
extracted/ascertained from statutes as a whole the statute)
(hence the title…)
o Why? Because the law is the best National Tobacco Administration v. COA
expositor of itself  Issue: whether educational assistance given to
 Optima Statuti Interpretatio est ipsum statutum - individuals prior to the enactment of RA 6758
the best interpreter of a statute is the statute itself should be continued to be received?
o [remember this story to memorize the  Held: Yes. Proper interpretation of section12 RA
maxim: Optima at Statuti Frutti where 6758 depends on the combination of first and
interpreting as to why when second paragraph
cockroaches(IPIS) when added results to  First sentence states that ―such other additional
SUM (ipsum) a stadium (statutum)] – compensation not otherwise specified as may be
sorry blockmates, weird si cherry!  determined by the DBM shall be deemed included
 Do not inquire too much into the motives which in the standardized salary rates herein prescribed.‖
influenced the legislative body unless the motive The second sentence states ―such other additional
is stated or disclosed in the statute themselves. compensation, whether in cash or in kind, being
received by incumbents only as of July 1, 1989
Aisporna v. CA not integrated into the standard shall continue to
 pointed out that words, clauses, phrases should not be authorized.‖ (you can ask cheery na lang to
be studied as detached/isolated expressions explain it, ang haba ng nasa book  )
o Consider every part in understanding the  statcon: do not isolate or detach the parts.
meaning of its part to produce a Construing a statute as a whole includes
harmonious whole reconciling and harmonizing conflicting
o Meaning of the law is borne in mind and provisions
not to be extracted from a single word
o Most important: Every part of the statute Purpose or context as controlling guide
must be interpreted with reference to the  construe whole statute and ascertain the meaning
context of the words or phrases base on its context, the
nature of the subject, and purpose or intention of
Aboitiz Shipping Corp v. City of Cebu the legislative body who enacted the statute
 Described that if the words or phrases of statute be  give it a reasonable construction
taken individually it might convey a meaning  Leeway are accepted on grammatical construction,
different form the one intended by the author. letters of the statutes, rhetorical framework if it
 Interpreting words or phrases separately may limit can provide a clear and definite purpose of the
the extent of the application of the provision whole statute ( as long as it can produce a clear
and definite statutes, it is sometimes affected to be
Gaanan v. Intermediate Appellate Court lax on the construction of grammar)
 Case of wire tapping  Harmonize the parts of each other and it should be
 There is a provision which states that ― it shall be consistent with its scope and object
unlawful for any person, not being authorized by
all the parties to any private communication or Giving effect to statute as a whole
spoken word to tap any wire or cable or by using  Why construe a statute as a whole? - Because it
any other device or arrangement, to secretly implies that one part is as important as the other
overhear, intercept, or record such communication  What if the provision/section is unclear by itself? -
or spoken word by using such device commonly One can make it clear by reading and construing it
known as dictagraph…‖ in relation to the whole statute
 Issue: whether the phrase device or arrangement  How do you properly and intelligently construe a
includes party line and extension provision/statute? - 3 ways: (1) Understand its
 Statcon: it should not be construed in isolation. meaning and scope; (2) apply to an actual case;
Rather it should be interpreted in relation to the (3) courts should consider the whole act itself
other words (tap, to overhear) thus party line or

 Why should every part of the statute be given Construction as not to render provision nugatory
effect? - Because it is enacted as an integrated  another consequence of the rule: provision of a
measure not a hodgepodge of conflicting statute should not be construed as to nullify or
provisions render another nugatory in the same statute
 Ways on how the courts should construe a statute  Interpretatio fienda est et res magis valeat quam
(according to Republic v. Reyes): pereat - a law should be interpreted with a view to
o Interpret the thought conveyed by the upholding rather than destroying
statute as whole o Do not construe a statute wherein one
o Construe constituent parts together portion will destroy the other
o Ascertain legislative intent form whole o Avoid a construction which will render to
part provision inoperative
o Consider each and every provision in
light of the general purpose Reason for the rule
o Make every part effective, harmonious  because of the presumption that the legislature has
and sensible (adopt a construction which enacted a statute whose provisions are in harmony
would give effect to every part of the of and consistent with each other and that conflicting
the statute) intentions is the same statute are never supported
 Ut res magis valeat quam pereat or regarded
- the construction is to be sought
which gives effect to the whole Qualification of rule
of the statute - of its every word.  What if the parts cannot be harmonized or
reconciled without nullifying the other? - Rule is
Apparently conflicting provisions reconciled for the court to reject the one which is least in
 included in the rule of construing statute as a accord with the general plan of the whole statute
whole, is the reconciling and harmonizing  What if there is no choice? - the latter provision
conflicting provisions because it is by this that the must vacate the former; last in order is frequently
statute will be given effect as a whole. held to prevail unless intent is otherwise
 Why is it a must for courts to harmonize  What if the conflict cannot be harmonized and
conflicting provision? - Because they are equally made to stand together? - one must inquire into
the handiwork of the same legislature the circumstances of their passage
RP v. CA Construction as to give life to law

 Issue: whether or not an appeal of cases involving  provide sensible interpretation to promote the ends
just compensation should be made first by of which they were enacted
DARAB before RTC under Sec. 57  construct them in a reasonable and practical way
 Held: SC said that the contention of the Republic to give life to them
and the Land Bank in the affirmative side has no  Interpretatio fienda es ut res magis valeat quam
merit because although DARAB is granted a pereat - interpretation will give the efficacy that is
jurisdiction over agrarian reform matters, it does to be adopted.
not have jurisdiction over criminal cases.
Construction to avoid surplusage
Sajonas v. CA  construe the statute to make no part or provision
 Issue: what period an adverse claim annotated at thereof as surplasage
the back of a transfer certificate effective?  each and every part should be given due effect and
 Held: In construing the law Sec. 70 of PD 1529 meaning
(adverse claim shall be effective for a period of 30  do not construe a legal provision to be a useless
days from the date of the registration…) care surplusage and meaningless
should be taken to make every part effective  exert all efforts to provide the meaning. Why?
Because of the presumption that the legislature
Special and general provisions in same statute used the word or phrase for a purpose
 special would overrule the general
 special must be operative; general affect only Application of rule
those it applies
 except to general provision Mejia v.Balalong
 Issue: how to constru ―next general election‖ in
Sec. 88 of the City Charter of Dagupan City?

 Held: the phrase refers to the next general election  Amendment – ―the vice-mayor shall appoint all
after the city came into being and not the one after employees of the board who may be suspended or
its organization by Presidential Proclamation. removed in accordance with law‖
 Construction of both Law and Amendment – the
Niere v. CFI of Negros Occidental power of the vice-mayor to make appointment
 Issue: does the city mayor have the power to pursuant to the amendatory act is limited to the
appoint a city engineer pursuant to Sec. 1 of the appointment of all employees of the board other
City Charter of La Carlote than the board secretary who is to be appointed by
 Held: no, the city mayor does not have such the board itself
power. The phrase ―and other heads and other
employees of such departments as may be STATUTE CONSTRUED IN RELATION TO
created‖ whom the mayor can appoint, refers to CONSTITUTION AND OTHER STATUTES
the heads of city departments that may be created
after the law took effect, and does not embrace the Statute construed in harmony with the Constitution
city engineer. To rule otherwise is to render the  Constitution- the fundamental law to which all
first conjunction ―and‖ before the words ―fire laws are subservient
department‖ a superfluity and without meaning at  General Rule: Do not interpret a statute
all independent from the constitution
 Construe the statute in harmony with the
Uytengsu v Republic fundamental law: Why? Because it is always
 Issue: whether the requirement the requirement for presumed that the legislature adhered to the
naturalization that the applicant ―will reside constitutional limitations when they enacted the
continuously in the Philippines from the date of statute
the filing of the petition up to the time of his  It is also important to understand a statute in light
admission to Philippine citizenship‖ refers to of the constitution and to avoid interpreting the
actual residence or merely to legal residence or former in conflict with the latter
domicile  What if the statute is susceptible to two
 Held: such requirement refers to actual or physical constructions, one is constitutional and the other is
residence because to construe it otherwise is to unconstitutional? A: The construction that should
render the clause a surplusage. be adopted should be the one that is constitutional
 An applicant for naturalization must be actually and the one that will render it invalid should be
residing in the Philippines from the filing of the rejected.
petition for naturalization to its determination by  The Court should favor the construction that gives
the court a statute of surviving the test of constitutionality
 The Court cannot in order to bring a statute within
Manila Lodge No. 761 v. CA the fundamental law, amend it by construction
 Issue: whether the reclaimed land is patrimonial or
public dominion? Tañada v. Tuvera
 Held: to say that the land is patrimonial will  this is the case regarding Art. 2 of the Civil Code
render nugatory and a surplusage the phrase of the especially the phrase ―unless otherwise provided‖.
law to the effect that the City of Manila ―is hereby  Statcon: one should understand that if the phrase
authorized to lease or sell‖ refers to the publication itself it would violate the
 A sale of public dominion needs a legislative constitution (since all laws should be made public)
authorization, while a patrimonial land does not. [if malabo, vague, eh? huh? – cherry will explain
it na lang ]
Statute and its amendments construed together
 rule applies to the construction and its Statutes in Pari Materia
amendments  pari materia - refers to any the following:
 Whatever changes the legislature made it should o same person or thing
be given effect together with the other parts. o same purpose of object
o same specific subject matter
Almeda v. Florentino  Later statutes may refer to prior laws.
 Law – ―the municipal board shall have a secretary  What if the later law have no reference to the prior
who shall be appointed by it to serve during the law, does that mean they are not in pari materia? -
term of office of the members thereof‖ No. It is sufficient that they have the same subject
matter.

 When is a statute not in pari materia? - The and in favor of the harmonization of the
conditions above are the determinants of laws on the subject (later will serve as a
ascertaining if a statute is in pari materia, thus modification)
even if two statutes are under the same broad
subject as along as their specific subjects are not Reasons why laws on same subject are reconciled
the same, they are NOT in pari material  2 main reasons:
o The presumption that the legislature took
How statutes in Pari Materia construed into account prior laws when they
 Interpretare et concordare leges legibus est enacted the new one.
optimus interpretandi modus – every statute must
be so construed and harmonized with other (orbiter dictum ni cherry: this chapter keeps pointing out
statutes as to form a uniform system of that the legislature are knowledgeable on the law, but I
jurisprudence (parang ganun din nung first part, wonder how the actors fit? Im not discriminating but how
construe it as a whole. But also bear in mind that it did Lito Lapid, Loi Ejercito, etc knew the prior laws? I
should also be in harmony with other existing heard they have researchers who do it for them. Why don’t
laws) we vote those researchers instead? Yun lang. I have been
 Construe statutes in pari materia together to attain reading the whole presumption that the legislature is
the purpose of an express national policy knowledgeable. Madaming namamatay sa akala. Is agpalo
 Why should they be construed together? - Because still alive?hahaha )
of the assumption that when the legislature
enacted the statutes they were thinking of the prior o Because enactments of the same
statute. Prior statutes relating to the same subject legislature on the same subject are
matter are to be compared with the new supposed to form part of one uniform
provisions. system (Why? Because later statutes are
 Again it is important to harmonize the statutes. supplementary to the earlier enactments)
Courts should not render them invalid without  If possible construe the two
taking the necessary steps in reconciling them statutes wherein the provisions
of both are given effect
Vda de Urbano v. GSIS
 there were no facts given in the book except that it Where harmonization is impossible
was in this case that in pari materia was explained  Earlier law should give way to the later law
well. The explanation are the same in the because it is the ―current‖ or later expression of
aforementioned the legislative will
 Other things to consider in constructing statutes Illustration of the rule (in pari materia)
which are in pari materia
o History of the legislation on the subject Lacson v. Roque
o Ascertain the uniform purpose of the  Issue: the phrase unless sooner removed of a
legislature statute that states ―the mayor shall hold office for
o Discover the policy related to the subject four years unless sooner removed‖
matter has been changed or modified  statcon: the court held that the phrase should be
o Consider acts passed at prior sessions construed in relation to removal statutes. Thus the
even those that have been repealed phrase meant that although the mayor cannot be
 Distingue tempora et concordabis jura – removed during his term of office, once he
distinguish times and you will harmonize laws violates those that are stated in removal statutes.
 In cases of two or more laws with the same
subject matter: Chin Oh Foo v. Concepcion
o Question is usually whether the later act  criminal case  Article 12(1) exempting
impliedly repealed the prior act. circumstance (imbecile or insane)
o Rule: the only time a later act will be  Statcon: the phrase ―shall not be permitted to
repealed or amended is when the act leave without first obtaining permission of the
itself states so (that it supersedes all the same court‖ should be reconciled with another
prior acts) or when there is an statute that states ―any patient confined in a
irreconcilable repugnancy between the mental institution may be released by the Director
two. of Health once he is cured. The Director shall
o In the case of ―implied‖ the doubt will be inform the judge that approved the confinement‖.
resolved against the repeal or amendment These two statutes refers to a person who was
criminally charged but was proven to be an
imbecile or insane, thus they should be construed  The court held that the ―gap‖ in the law which is
together. Their construction would mean that in silent on filing appeals from decisions of the RAB
order for the patient to be release there should be rendered within the reglementary period should be
an approval of both the court and the Director of construed and harmonized with other statutes, i.e.
Health. Sec 2(1), Article IX-B of the 1987 Constitution
because the PNP is part, as a bureau, of the
King v. Hernaez reorganized DILG, as to form a unified system of
 Statcon: relation of RA 1180 (Retail Trade jurisprudence
Nationalization Act) to Commonwealth Act 108  Statcon: if RAB fails to decide an appealed case
(Anti Dummy Law) within 60 days from receipt of the notice of
appeal, the appealed decision is deemed final and
Dialdas v. Percides executory, and the aggrieved party may forthwith
 Facts: a alien who operated a retail store in Cebu appeal therefrom to the Secretary of DILG.
decided to close his Cebu store and transfer it to Likewise, if the RAB has decided the appeal
Dumaguete. RTL (retail trade law) and Tax Code within 60-day reglementary period, its decision
Sec. 199 were the statutes taken into consideration may still be appealed to the Secretary of DILG
in this case. The former authorizes any alien who
on May 15, 1954 is actually engaged in retail, to Manila Jockey Club Inc. v. CA
continue to engage therein until his voluntary  Issue: who was entitled to breakages (10%
retirement from such business, but not to establish dividend of winning horse race tickets)
or open additional stores for retail business. The  Statcon: There are two statutes that should be
latter provides that any business for which the considered. RA 309 (amended by 6631 &6632) is
privilege tax has been paid may be removed and silent on the matter but the practice is to use
continued in any other place without payment of breakages for anti bookie drive and other sale
additional tax. promotions. E.O. 88 & 89 which allocated
 Issue: whether the transfer by the alien from Cebu breakages therein specified. These two should be
to Dumaguete can be considered as a voluntary construed in pari materia, thus all breakages
retirement from business. derived from all races should be distributed and
 Held: No. Although the trial court affirmed the allocated in accordance with Executive Orders
question, the SC ruled otherwise stating that RTC because no law should be viewed in isolation.
overlooked the clear provision of Sec. 199. (supplementary)
C & C Commercial Corp v. National Waterworks and General and special statutes
Sewerage Authority  General statutes- applies to all of the people of the
 Facts: R.A. 912 (2) states that in construction or state or to a particular class of persons in the state
repair work undertaken by the Government, with equal force.
Philippine made materials and products, whenever o Universal in application
available shall be used in construction or repair  Special statutes- relates to particular persons or
work. things of a class or to particular portion or section
 Flag Law (Commonwealth Act 138) gives native of the state only
products preference in the purchase of articles by  Considered as statutes in pari materia thus they
Government, including government owned or should be read together and harmonized (and
controlled corporations. given effect)
 Issue: interpretation of two statutes requiring that  What if there are two acts which contain one
preference be made in the purchase and use of general and one special?
Phil. Made materials and products o If it produces conflict, the special shall
 Held: The SC relates the two statutes as in pari prevail since the legislative intent is more
materia and they should be construed to attain the clear thus it must be taken as intended to
same objective that is to give preference to locally constitute an exception.
produced materials. o Think of it as one general law of the land
while the other applies only to a
Cabada v. Alunan III particular case
 Issue: whether or not an appeal lies from the  What if the special law is passed before the
decision of regional appellate board (RAB) general law? It doesn‘t matter because the special
imposing disciplinary action against a member of law will still be considered as an exception unless
the PNP under Sec. 45 of RA 6975 regarding expressly repealed.
finality of disciplinary action

Solid Homes Inc. v. Payawal  should be construed to harmonize and give effect
 First statute provides that National Housing to the adopted statute.
Authority shall have exclusive jurisdiction to hear
and decide cases involving unsound real estate Supplemental statutes
(P.D. No. 959).  Intended to supply deficiencies in existing statutes
 Second statute grants RTC general jurisdiction  Supplemental statutes should be read with the
over such cases. original statute and construed together
 Issue: Which one will prevail?
 Held: The first statute will prevail because it is a Reenacted statutes
special law, as compared to the latter which is  statute which reenacts a previous statute or
general law, thus it is an exception to the ―general provision.
jurisdiction‖ of the RTC  Reproducing an earlier statute with the same or
substantially the same words.
Magtajas v. Pryce Properties Corp
 Facts: P.D. No. 1869 authorized PAGCOR to Montelibano v. Ferrer
centralize and regulate all games of chance.  Issue: application of Sec. 3 fo the City Charter of
 LGC of 1991, a later law, empowers all Manila is valid in the criminal complaint directly
government units to enact ordinances to prevent file by an offended party in the city court of
and suppress gambling and other games of chance. Bacolod?
 Stacon: These two should be harmonized rather  Held: The court ruled that the criminal complaint
than annulling one and upholding the other. Court filed directly by the offended party is invalid and
said that the solution to this problem is for the it ordered the city court to dismiss it.
government units to suppress and prevent all kinds  The provisions of the City Charter of Manila
of gambling except those that are allowed under Bacolod on the same subject are identically
the previous law worded, hence they should receive the same
construction.
Leveriza v. Intermediate Appellate Court
 RA 776 empowers the general manager of the  RULE: two statutes with a parallel scope, purpose
Civil Aeronautics Administration to lease real and terminology should each in its own field, have
property under its administration. a like interpretation
 Administrative Code authorizes the President to
execute a lease contract relating to real property Adoption of contemporaneous construction
belonging to the republic  in construing the reenacted statute, the court
 How do you apply the rule? - In this case, the should take into account prior contemporaneous
prior (special) law should prevail construction and give due weight and respect to it.
Reason for the rule Qualification of the rule

 the special law is considered an exception to the  rule that is aforementioned is applicable only
general law (as long as same subject) when the statute is capable of the construction
given to it and when that construction has become
Qualification of the rule a settled rule of conduct
 The rule aforementioned is not absolute.
 Exceptions: Adopted statutes
o If the legislature clearly intended the  a statute patterned after a statute of a foreign
general enactment to cover the whole country.
subject and to repeal all prior laws  Court should take into consideration how the
inconsistent therewith courts of other country construe the law and its
o When the principle is that the special law practices
merely establishes a general rule while
the general law creates a specific and
special rule
Reference statutes
 a statute which refers to other statutes and makes
them applicable to the subject of legislation
 used to avoid encumbering the statute books of
unnecessary repetition

CHAPTER SEVEN: Strict or Liberal Construction  A statute may not be liberally construed to read
into it something which its clear and plain
IN GENERAL language rejects
Generally Construction to promote social justice

 Whether a statute is to be given a strict or liberal  Social justice must be taken into account in the
construction will depend upon the following: interpretation and application of laws
 The nature of the statute  Social justice mandate is addressed or meant for
 The purpose to be subserved the three departments: the legislative, executive,
 The mischief to be remedied and the judicial
 Purpose: to give the statute the interpretation that  Social justice (included in the Constitution) was
will best accomplish the end desired and meant to be a vital, articulate, compelling
effectuate legislative intent principle of public policy
 It should be observed in the interpretation not only
Strict construction, generally of future legislations, but also of laws already
 Construction according to the letter of the statute, existing on November 15, 1935.
which recognizes nothing that is not expressed,  It was intended to change the spirit of our laws,
takes the language used in its exact meaning, and present and future.
admits no equitable consideration
 Not to mean that statutes are construed in its Construction taking into consideration general welfare or
narrowest meaning growth civilization
 It simply means that the scope of the statute shall  Construe to attain the general welfare
not be extended or enlarged by implication,  Salus populi est suprema lex – the voice of the
intendment, or equitable consideration beyond the people is the supreme law
literal meaning of its terms  Statuta pro publico commodo late interpretantur –
 It is a close and conservative adherence to the statutes enacted for the public good are to be
literal or textual interpretation construed liberally
 The antithesis of liberal construction  The reason of the law is the life of the law; the
reason lies in the soil of the common welfare
Liberal construction, defined  The judge must go out in the open spaces of
 Equitable construction as will enlarge the letter of actuality and dig down deep into his common soil,
a statute to accomplish its intended purpose, carry if not, he becomes subservient to formalism
out its intent, or promote justice  Construe in the light of the growth of civilization
 Not to mean enlargement of a provision which is and varying conditions
clear, unambiguous and free from doubt o The interpretation that ―if the man is too
 It simply means that the words should receive a long for the bed, his head should be
fair and reasonable interpretation, so as to attain chopped off rather than enlarge the old
the intent, spirit and purpose of the law bed or purchase a new one‖ should NOT
be given to statutes
Liberal construction applied, generally
 Where a statute is ambiguous, the literal meaning STATUTES STRICTLY CONSTRUED
of the words used may be rejected if the result of
adopting said meaning would be to defeat the Penal statutes, generally
purpose of the law  Penal statutes are those that define crimes, treat of
 Ut res magis valeat quam pereat – that their nature and provide for their punishment
construction is to be sought which gives effect to o Acts of legislature which prohibit certain
the whole of the statute – its every word acts and establish penalties for their
violation
Liberal Construction Judicial Interpretation  Those which impose punishment for an offense
Equitable construction as will Act of the court in engrafting committed against the state, and which the chief
enlarge the letter of a statute upon a law something which executive has the power to pardon
to accomplish its intended it believes ought to have been  A statute which decrees the forfeiture in favor of
purpose, carry out its intent, embraced therein the state of unexplained wealth acquired by a
or promote justice public official while in office is criminal in nature
Legitimate exercise of Forbidden by the tripartite
judicial power division of powers among the
3 departments of government

Penal statutes, strictly construed  The object is to establish a certain rule by

 Penal statutes are strictly construed against the conformity to which mankind would be safe, and
State and liberally construed in favor of the the discretion of the court limited
accused  Purpose of strict construction is NOT to enable a
o Penal statutes cannot be enlarged or guilty person to escape punishment through
extended by intendment, implication, or technicality but to provide a precise definition of
any equitable consideration forbidden acts
o No person should be brought within its
terms if he is not clearly made so by the Acts mala in se and mala prohibita
statute  General rule: to constitute a crime, evil intent
o No act should be pronounces criminal must combine with an act
which is not clearly made so  Actus non facit reum nisi mens sit rea – the act
itself does not make a man guilty unless his
Peo v. Atop intention were so
 Sec. 11 of RA 7659, which amended Art. 335 of  Actus me invite factus non est meus actus – an act
the RPC, provides that the death penalty for rape done by me against my will is not my act
may be imposed if the ―offender is a parent,
ascendant, step-parent, guardian, relative by Mala in se Mala prohibita
consanguinity or affinity within the 3rd civil Criminal intent, apart from The only inquiry is, has the
degree, or the common-law spouse of the parent the act itself is required law been violated
of the victim‖ RPC Special penal laws
 Is the common-law husband of the girl‘s
grandmother included?  However, if special penal laws use such words as
 No! Courts must not bring cases within the ―willfully, voluntarily, and knowingly‖ intent
provisions of the law which are not clearly must be proved; thus good faith or bad faith is
embraced by it. essential before conviction
o No act can be pronounced criminal which
is not clearly within the terms of a statute Application of rule
can be brought within them.
o Any reasonable doubt must be resolved Peo v. Yadao
in favor of the accused  A statute which penalizes a ―person assisting a
claimant‖ in connection with the latter‘s claim for
 Strict construction but not as to nullify or destroy veterans benefit, does not penalize ―one who
the obvious purpose of the legislature OFFERS to assist‖
o If penal statute is vague, it must be
construed with such strictness as to Suy v. People
carefully SAFEGUARD the RIGHTS of  Where a statute penalizes a store owner who sells
the defendant and at the same time commodities beyond the retail ceiling price fixed
preserve the obvious intention of the by law, the ambiguity in the EO classifying the
legislature same commodity into 2 classes and fixing
o Courts must endeavor to effect different ceiling prices for each class, should be
substantial justice resolved in favor of the accused
Centeno v. Villalon-Pornillos Peo v. Terreda
 PD 1564, which punishes a person who solicits or  Shorter prescriptive period is more favorable to
receives contribution for ―charitable or public the accused
welfare purposes‖ without any permit first secured
from the Department of Social Services, DID Peo v. Manantan
NOT include ―religious purposes‖‖ in the acts
 The rule that penal statutes are given a strict
punishable, the law CANNOT be construed to
construction is not the only factor controlling the
punish the solicitation of contributions for interpretation of such laws
religious purposes, such as repair or renovation of
 Instead, the rule merely serves as an additional
the church
single factor to be considered as an aid in
detrmining the meaning of penal laws
Reason why penal statutes are strictly construedg
 The law is tender in favor of the rights of the
individual;

Peo v. Purisima Peo v. Gatchalian

 The language of the a statute which penalizes the  A statute requires that an employer shall pay a
mere carrying outside of residence of bladed minimum wage of not less than a specified
weapons, i.e., a knife or bolo, not in connection amount and punishes any person who willfully
with one‘s work or occupation, with a very heavy violates any of its provisions
penalty ranging from 5-10 years of imprisonment,  The fact that the nonpayment of the minimum
has been narrowed and strictly construed as to wage is not specifically declared unlawful, does
include, as an additional element of the crime, the not mean that an employer who pays his
carrying of the weapon in furtherance of rebellion, employees less than the prescribed minimum
insurrection or subversion, such being the evil wage is not criminally liable, for the nonpayment
sought to be remedied or prevented by the statute of minimum wage is the very act sought to be
as disclosed in its preamble enjoined by the law
Azarcon v. Sandiganbayan Statutes in derogation of rights

 Issue: whether a private person can be considered  Rights are not absolute, and the state, in the
a public officer by reason if his being designated exercise of police power, may enact legislations
by the BIR as a depository of distrained property, curtailing or restricting their enjoyment
so as to make the conversion thereof the crime of  As these statutes are in derogation of common or
malversation general rights, they are generally strictly construed
 Held: NO! the BIR‘s power authorizing a private and rigidly confined to cases clearly within their
individual to act as a depository cannot include the scope and purpose
power to appoint him as public officer  Examples:
 A private individual who has in his charge any of o Statutes authorizing the expropriation of
the public funds or property enumerated in Art private land or property
222 RPC and commits any of the acts defined in o Allowing the taking of deposition
any of the provisions of Chapter 4, Title 7 of the o Fixing the ceiling of the price of
RPC, should likewise be penalized with the same commodities
penalty meted to erring public officers. Nowhere o Limiting the exercise of proprietary
in this provision is it expressed or implied that a rights by individual citizens
private individual falling under said Art 222 is to o Suspending the period of prescription of
be deemed a public officer actions
 When 2 reasonably possible constructions, one
Limitation of rule which would diminish or restrict fundamental
 Limitation #1 – Where a penal statute is capable right of the people and the other if which would
of 2 interpretations, one which will operate to not do so, the latter construction must be adopted
exempt an accused from liability for violation so as to allow full enjoyment of such fundamental
thereof and another which will give effect to the right
manifest intent of the statute and promote its
object, the latter interpretation should be adopted Statutes authorizing expropriations
 Power of eminent domain is essentially legislative
US v. Go Chico in nature
 A law punishes the display of flags ―used during‖  May be delegated to the President, LGUs, or
the insurrection against the US may not be so public utility company
construed as to exempt from criminal liability a  Expropriation plus just compensation
person who displays a replica of said flag because  A derogation of private rights, thus strict
said replica is not the one ―used‖ during the construction is applied
rebellion, for to so construe it is to nullify the  Statutes expropriating or authorizing the
statute together expropriation of property are strictly construed
 Go Chico is liable though flags displayed were against the expropriating authority and liberally in
just replica of the flags ―used during‖ insurrection favor of property owners
against US
Statutes granting privileges
 Limitation #2 – strict construction of penal laws  Statutes granting advantages to private persons or
applies only where the law is ambiguous and there entities have in many instances created special
is doubt as to its meaning privileges or monopolies for the grantees and have
thus been viewed with suspicion and strictly
construed

 Privilegia recipient largam interpretationem Statutes imposing taxes and customs duties
voluntati consonam concedentis – privileges are to  Tax statutes must be construed strictly against the
be interpreted in accordance with the will of him government and liberally in favor of the taxpayer
who grants them  Power to tax involves power to destroy
 And he who fails to strictly comply with the will  Taxing act are not to be extended by implication
of the grantor loses such privileges  Tax statutes should be clearly, expressly, and
unambiguously imposed
Butuan Sawmill, Inc. v. Bayview Theater, Inc  Reason for strict construction: taxation is a
 Where an entity is granted a legislative franchise destructive power which interferes with the
to operate electric light and power, on condition personal property rights of the people and takes
that it should start operation within a specified from them a portion of their property for the
period, its failure to start operation within the support of the government
period resulted in the forfeiture of the franchise
Statutes granting tax exemptions
Legislative grants to local government units  Law frowns against exemption from taxation
 Grants of power to local government are to be because taxes are the lifeblood of the nation
construed strictly, and doubts in the interpretation  Laws granting tax exemptions are thus construed
should be resolved in favor of the national strictissimi juris against the taxpayer and liberally
government and against the political subdivisions in favor of the taxing authority
concerned  Burden of proof – on the taxpayer claiming to be
 Reason: there is in such a grant a gratuitous exempted
donation of public money or property which  Basis for strict construction – to minimize the
results in an unfair advantage to the grantee and different treatment and foster impartiality,
for that reason, the grant should be narrowly fairness, and equality of treatment among
restricted in favor of the public taxpayers
 Tax exemptions are not favored in law, nor are
Statutory grounds for removal of officials they presumed.
 Statutes relating to suspension or removal of
public officials are strictly construed CIR v. CA
 Reason: the remedy of removal is a drastic one  Issue: whether containers and packaging materials
and penal in nature. Injustice and harm to the can be credited against the miller‘s deficiency tax
public interest would likely emerge should such  BIR claimed that there should be no tax credit
laws be not strictly interpreted against the power  Held: proviso should be strictly construed to apply
of suspension or removal only to raw materials and not to containers and
packing materials which are not raw materials;
Ochate v. Deling hence, the miller is entitled to tax credit
 Grounds for removal – ―neglect of duty,  Restriction in the proviso is limited only to sales,
oppression, corruption or other forms of miller‘s excise taxes paid ‗on raw materials used
maladministration in office‖ in the milling process‘
o ―in office‖ – a qualifier of all acts.
o Must be in relation to the official as an Benguet Corporation v. Cenrtral Board of Assessment
officer and not as a private person Appeals
 PD 1955 withdrew all tax exemptions, except
Hebron v Reyes
those embodied in the Real Property Code, a law
 Procedure for removal or suspension should be which grants certain industries real estate tax
strictly construed exemptions under the Real Estate Code
 Statute: local elective officials are to be removed
or suspended, after investigation, by the provincial  Courts cannot expand exemptiom
board, subject to appeal to the President
 President has no authority on his own to conduct
the investigation and to suspend such elective Esso Standard Eastern, Inc. v Acting Commissioner of
official Customs
 Where a statute exempts from special import tax,
Naturalization laws
equipment ―for use of industries,‖ the exemption
 Naturalization laws are strictly construed against does not extend to those used in dispensing
the applicant and rigidly followed and enforced gasoline at retail in gasoline stations
 Naturalization is statutory than a natural right

CIR v. Manila Jockey Club, Inc.  Provisions granting exemptions to government

 Statute: ―racing club holding these races shall be agencies may be construed liberally in favor of
exempt from the payment of any municipal or non-tax liability of such agencies
national tax‖  The express exemption should not be construed
 Cannot be construed to exempt the racing club with the same degree of strictness that applies to
from paying income tax on rentals paid to it for exemptions contrary to policy of the state, since as
use of the race tracks and other paraphernalia, for to such property exemption is the rule and the
what the law exempts refers only to those to be taxation is the exemption
paid in connection with said races  E.g. tax exemption in favor of NAPOCOR –
whether direct or indirect taxes, exempted
Lladoc v. CIR
 Statute: exemption from taxation charitable Statutes concerning the sovereign
institutions, churches, parsonages or covenants  Restrictive statutes which impose burdens on the
appurtenant thereto, mosques, and non-profit public treasury or which diminish rights and
cemeteries, and all lands buildings, and interests are strictly construed.
improvements actually, directly, and exclusively  Unless so specified, the government does not fall
used for religious or charitable purposes within the terms of any legislation
 Exemption only refer to property taxes and not
from all kinds of taxes Alliance of Government Workers v. Minister of Labor and
Employment
La Carlota Sugar Central v. Jimenez  PD 851 – requires ―employers‖ to pay a 13th
 Statute: tax provided shall not be collected on month pay to their employees xxx
foreign exchange used for the payment of  ―employers‖ does not embrace the RP, the law not
―fertilizers when imported by planters or farmers having expressly included it within its scope
directly or through their cooperatives‖
 The importation of fertilizers by an entity which is Statutes authorizing suits against the government
neither a planter nor a farmer nor a cooperative of  Art. XVI, Sec. 3, 1987 Constitution – ―The State
planters or farmers is not exempt from payment of may not be sued without its consent‖
the tax, even though said entity merely acted as o General rule: sovereign is exempt from
agent of planter or farmer as a sort of suit
accommodation without making any profit from o Exception: in the form of statute, state
the transaction, for the law uses the word may give its consent to be sued
―directly‖ which means without anyone  Statute is to be strictly construed
intervening in the importation and the phrase and waiver from immunity from
―through their cooperatives‖ as the only suit will not be lightly inferred
exemption  Nullum tempus occurrit regi – there can be no
legal right as against the authority that makes the
CIR v. Phil. Acetylene Co. law on which the right depends
 See page 305  Reason for non-suability – not to subject the state
to inconvenience and loss of governmental
 Power of taxation if a high prerogative of efficiency
sovereignty, its relinquishment is never presumed
and any reduction or diminution thereof with Mobil Phil. Exploration, Inc. v. Customs Arrastre Services
respect to its mode or its rate must be strictly  The law authorizing the Bureau of Customs to
construed lease arrastre operations, a proprietary function
necessarily incident to its governmental function,
Phil. Telegraph and Telephone Corp. v. COA may NOT be construed to mean that the state has
 On ―most favored treatment clause‖ consented to be sued, when it undertakes to
 2 franchisee are not competitors conduct arrastre services itself, for damage to
 The first franchisee is will not enjoy a reduced cargo
rate of tax on gross receipts
 State-immunity may not be circumvented by
Qualification of rule directing the action against the officer of the state
 Strict construction does not apply in the case of instead of the state itself
tax exemptions in favor of the government itself o The state‘s immunity may be validly
or its agencies invoked against the action AS LONG AS
IT CAN BE SHOWN that the suit really

affects the property, rights, or interests of STATUTES LIBERALLY CONSTRUED

the state and not merely those of the
officer nominally made party defendant General social legislation
 Even if the state consents, law should NOT be  General welfare legislations
interpreted to authorize garnishment of public o To implement the social justice and
funds to satisfy a judgment against government protection-to-labor provisions of the
property Constitution
o Reason: o Construed liberally
 Public policy forbids it o Resolve any doubt in favor of the persons
 Disbursement of public funds whom the law intended to benefit
must be covered by a o Includes the following – labor laws,
corresponding appropriation as tenancy laws, land reform laws, and
required by law social security laws
 Functions and service cannot be
allowed to be paralyzed or Tamayo v. Manila Hotel
disrupted by the diversion of  Law grants employees the benefits of holiday pay
public funds from their except those therein enumerated
legitimate and specific objects,  Statcon – all employees, whether monthly paid or
as appropriated by law not, who are not among those excepted are
entitled to the holiday pay
Statutes prescribing formalities of the will
 Strictly construed, which means, wills must be  Labor laws construed – the workingman‘s welfare
executed in accordance with the statutory should be the primordial and paramount
requirements, otherwise, it is entirely void consideration
 The court is seeking to ascertain and apply the o Article 4 New Labor Code – ―all doubts
intent of the legislators and not that of the testator, in the implementation and interpretation
and the latter‘s intention is frequently defeated by of the provisions of the Labor Code
the non-observance of what the statute requires including its implementing rules and
regulations shall be resolved in favor of
Exceptions and provisos labor‖
 Should be strictly but reasonably construed  Liberal construction applies only if statute is
 All doubts should be resolved in favor of the vague, otherwise, apply the law as it is stated
general provision rather than the exceptions
o However, always look at the intent of General welfare clause
legislators if it will accord reason and  2 branches
justice not to apply the rule that ―an o One branch attaches to the main trunk of
express exception excludes all others‖ municipal authority – relates to such
 The rule on execution pending appeal must be ordinances and regulations as may be
strictly construed being an exception to the necessary to carry into effect and
general rule discharge the powers and duties
 Situations which allows exceptions to the conferred upon local legislative bodies
requirement of warrant of arrest or search warrant by law
must be strictly construed; to do so would infringe o Other branch is much more independent
upon personal liberty and set back a basic right of the specific functions enumerated by
 A preference is an exception to the general rule law – authorizes such ordinances as shall
 A proviso should be interpreted strictly with the seem necessary and proper to provide for
legislative intent the health and safety, promote the
o Should be strictly construed prosperity, improve the morals, peace,
o Only those expressly exempted by the good order xxx of the LGU and the
proviso should be freed from the inhabitants thereof, and for the protection
operation of the statute of the property therein
 Construed in favor of the LGUs
 To give more powers to local governments in
promoting the economic condition, social welfare,
and material progress of the people in the
community

 Construed with proprietary aspects, otherwise Statutes imposing penalties for nonpayment of tax
would cripple LGUs  liberally construed in favor of government and
 Must be elastic and responsive to various social strictly construed against the taxpayer
conditions  intention to hasten tax payments or to punish
 Must follow legal progress of a democratic way of evasions or neglect of duty in respect thereto
life  liberal construction would render penalties for
delinquents nugatory
Grant of power to local governments
 Old rule: municipal corporations, being mere Election laws
creatures of law, have only such powers as are  Election laws should be reasonably and liberally
expressly granted to them and those which are construed to achieve their purpose
necessarily implied or incidental to the exercise  Purpose – to effectuate and safeguard the will of
thereof the electorate in the choice of their representatives
 New rule: RA 2264 ―Local Autonomy Act‖  3 parts
o Sec 12 – ―implied power of a province, a o Provisions for the conduct of elections
city, or a municipality shall be liberally which election officials are required to
construed in its favor. Any fair and follow
reasonable doubt as to the existence of o Provisions which candidates for office
the power should be interpreted in favor are required to perform
of the local government and it shall be o Procedural rules which are designed to
presumed to exist‖ ascertain, in case of dispute, the actual
winner in the elections
Statutes granting taxing power (on municipal corporations)
 Before 1973 Constitution – inferences,  Different rules and canons or statutory construction
implications, and deductions have no place in the govern such provisions of the election law
interpretation of the taxing power of a municipal
corporation  Part 1:
 New Constitution – Art. X, Sec 5 1987 o Rules and regulations for the conduct of
Constitution – ―each local government unit shall elections
have the power to create its own sources of  Before election – mandatory
revenue and to levy taxes, fees, and charges (part 1)
subject to such guidelines and limitations as the  After election – directory
Congress may provide, consistent with the basic (part 3)
policy of local autonomy‖ o Generally – the provisions of a statute as
o Statutes prescribing limitations on the to the manner of conducting the details of
taxing power of LGUs must be strictly an election are NOT mandatory; and
construed against the national irregularities in conducting an election
government and liberally in favor of the and counting the votes, not preceding
LGUs, and any doubt as to the existence from any wrongful intent and which
of the taxing power will be resolved in deprives no legal voter of his votes, will
favor of the local government not vitiate an election or justify the
rejection of the entire votes of a precinct
Statutes prescribing prescriptive period to collect taxes  Against disenfranchisement
 Beneficial for both government and taxpayer  Remedy against election official
o To the government – tax officers are who did not do his duty –
obliged to act promptly in the making of criminal action against them
the assessments  Part 2:
o To the taxpayer – would have a feeling of o Provisions which candidates for office
security against unscrupulous tax agents are required to perform are mandatory
who will always find an excuse to inspect o Non-compliance is fatal
the books of taxpayers  Part 3:
 Laws on prescription – remedial measure – o Procedural rules which are designed to
interpreted liberally affording protection to the ascertain, in case of dispute, the actual
taxpayers winner in the elections are liberally
construed
o Technical and procedural barriers should
not be allowed to stand if they constitute

an obstacle in the choice of their elective Del Mar v. Phil. Veterans Admin
officials  Where a statute grants pension benefits to war
 For where a candidate has received popular veterans, except those who are actually receiving a
mandate, overwhelmingly and clearly expressed, similar pension from other government funds
all possible doubts should be resolved in favor of  Statcon – ―government funds‖ refer to funds of the
the candidates eligibility, for to rule otherwise is same government and does not preclude war
to defeat the will of the electorate veterans receiving similar pensions from the US
Government from enjoying the benefits therein
Amnesty proclamations provided
 Amnesty proclamations should be liberally
construed as to carry out their purpose Board of Administrators Veterans Admin v. Bautista
 Purpose – to encourage to return to the fold of the  Veteran pension law is silent as to the effectivity
law of those who have veered from the law of pension awards, it shall be construed to take
 E.g. in case of doubt as to whether certain persons effect from the date it becomes due and NOT from
come within the amnesty proclamation, the doubt the date the application for pension is approved,
should be resolved in their favor and against the so as to grant the pensioner more benefits and to
state discourage inaction on the part of the officials
 Same rule applies to pardon since pardon and who administer the laws
amnesty is synonymous
Chavez v. Mathay
Statutes prescribing prescriptions of crimes  While veteran or pension laws are to be construed
 Liberally construed in favor of the accused liberally, they should be so construed as to prevent
 Reason – time wears off proof and innocence a person from receiving double pension or
 Same as amnesty and pardon compensation, unless the law provides otherwise
Peo v. Reyes Santiago v. COA

 Art. 91 RPC – ―period of prescription shall  Explained liberal construction or retirement laws
commence to run from the day the crime is  Intention is to provide for sustenance, and
discovered by the offended, authorities, xxx‖ hopefully even comfort when he no longer has the
 When does the period of prescription start – day stamina to continue earning his livelihood
of discovery or registration in the Register of  He deserves the appreciation of a grateful
Deeds? government at best concretely expressed in a
 Held: From the time of registration generous retirement gratuity commensurate with
 Notice need not be actual for prescription to run; the value and length of his service
constructive notice is enough
 More favorable to the accused if prescriptive Ortiz v. COMELEC
period is counted from the time of registration  Issue: whether a commissioner of COMELEC is
deemed to have completed his term and entitled to
Adoption statutes full retirement benefits under the law which grants
 Adoption statutes are liberally construed in favor him 5-year lump-sum gratuity and thereafter
of the child to be adopted lifetime pension, who ―retires from the service
after having completed his term of office,‖ when
 Paramount consideration – child and not the
adopters his courtesy resignation submitted in response to
the call of the President following EDSA
Veteran and pension laws Revolution is accepted
 Veteran and pension laws are enacted to  Held: Yes! Entitled to gratuity
compensate a class of men who suffered in the  Liberal construction
service for the hardships they endured and the  Courtesy resignation – not his own will but a mere
dangers they encountered in line of duty manifestation of submission to the will of the
o Expression of gratitude to and political authority and appointing power
recognition of those who rendered
service to the country by extending to In Re Application for Gratuity Benefits of Associate Justice
them regular monetary benefit Efren I Plana
 Veteran and pension laws are liberally construed  Issue: whether Justice Plana is entitled to gratuity
in favor of grantee and retirement pay when, at the time of his
courtesy resignation was accepted following
EDSA Revolution and establishment of a

revolutionary government under the Freedom Rules of Court

Constitution, he lacked a few months to meet the  RC are procedural – to be construed liberally
age requirement for retirement under the law but  Purpose of RC – the proper and just determination
had accumulated a number of leave of credits of a litigation
which, if added to his age at the time, would  Procedural laws are no other than technicalities,
exceed the age requirement they are adopted not as ends in themselves but as
 Held: yes, entitled to gratuity! Liberal means conducive to the realization of the
construction applied administration of law and justice
 RC should not be interpreted to sacrifice
In Re Pineda substantial rights at the expense of technicalities
 Explained doctrine laid down in the previous case
 The crediting of accumulated leaves to make up Case v. Jugo
for lack of required age or length of service is not  Lapses in the literal observance of a rule of
done discriminately procedure will be overlooked when they do not
 xxx only if satisfied that the career of the retiree involve public policy; when they arose from an
was marked by competence, integrity, and honest mistake or unforeseen accident; when they
dedication to the public service have not prejudiced the adverse party and have not
deprived the court of its authority
In Re Martin  Literal stricture have been relaxed in favor of
 Issue: whether a justice of the SC, who availed of liberal construction
the disability retirement benefits pursuant to the o Where a rigid application will result in
provision that ―if the reason for the retirement be manifest failure or miscarriage of justice
any permanent disability contracted during his o Where the interest of substantial justice
incumbency in office and prior to the date of will be served
retirement he shall receive only a gratuity o Where the resolution of the emotion is
equivalent to 10 years salary and allowances addressed solely to the sound and
aforementioned with no further annuity payable judicious discretion of the court
monthly during the rest of the retiree‘s natural o Where the injustice to the adverse party
life‖ is entitled to a monthly lifetime pension after is not commensurate with the degree of
the 10-year period his thoughtlessness in not complying
 Held: Yes! 10-year lump sum payment is intended with the prescribed procedure
to assist the stricken retiree meeting his hospital  Liberal construction of RC does not mean they
and doctor‘s bills and expenses for his support may be ignored; they are required to be followed
 The retirement law aims to assist the retiree in his except only for the most persuasive reasons
old age, not to punish him for having survived
Other statutes
Cena v. CSC  Curative statutes – to cure defects in prior law or
 Issue: whether or not a government employee who to validate legal proceedings which would
has reached the compulsory retirement age of 65 otherwise be void for want of conformity with
years, but who has rendered less than 15 years of certain legal requirements; retroactive
government service, may be allowed to continue  Redemption laws – remedial in nature – construed
in the service to complete the 15-year service liberally to carry out purpose, which is to enable
requirement to enable him to retire with benefits the debtor to have his property applied to pay as
of an old-age pension under Sec 11(b) PD 1146 many debtor‘s liability as possible
 However, CSC Memorandum Circular No 27  Statutes providing exemptions from execution are
provides that ―any request for extension of interpreted liberally in order to give effect to their
compulsory retirees to complete the 15-years beneficial and humane purpose
service requirement for retirement shall be  Laws on attachment – liberally construed to
allowed only to permanent appointees in the promote their objects and assist the parties
career service who are regular members of the obtaining speedy justice
GSIS and shall be granted for a period not  Warehouse receipts – instrument of credit –
exceeding 1 year liberally construed in favor of a bona fide holders
 Held: CSC Memorandum Circular No 27 of such receipts
unconstitutional! It is an administrative regulation  Probation laws – liberally construed
which should be in harmony with the law; liberal o Purpose: to give first-hand offenders a
construction of retirement benefits second chance to maintain his place in

society through the process of provision to be essential to the validity of

reformation the act or proceeding, or when some
 Statute granting powers to an agency created by antecedent and prerequisite conditions
the Constitution should be liberally construed for must exist prior to the exercise of the
the advancement of the purposes and objectives power, or must be performed before
for which it was created certain other powers can be exercised
CHAPTER EIGHT: Mandatory and Directory Statutes Test to determine nature of statute
 Test is to ascertain the consequences that will
IN GENERAL follow in case what the statute requires is not done
or what it forbids is performed
Generally  Does the law give a person no alternative choice?
 Mandatory and directory classification of statutes – if yes, then it is mandatory
– importance: what effect should be given to the  Depends on the effects of compliance
mandate of a statute o If substantial rights depend on it and
injury can result from ignoring it;
Mandatory and directory statutes, generally intended for the protection of the citizens
 Mandatory statute – commands either positively and by a disregard of which their rights
that something be done in a particular way, or are injuriously affected – mandatory
negatively that something be not done; it requires o Purpose is accomplished in a manner
OBEDIENCE, otherwise void other than that prescribed and
 Directory statute – permissive or discretionary in substantially the same results obtained -
nature and merely outlines the act to be done in directory
such a way that no injury can result from ignoring  Statutes couched in mandatory form but
it or that its purpose can be accomplished in a compliance is merely directory in nature
manner other than that prescribed and o If strict compliance will cause hardship
substantially the same result obtained; confer or injustice on the part of the public who
direction upon a person; non-performance of what is not at fault
it prescribes will not vitiate the proceedings o If it will lead to absurd, impossible, or
therein taken mischievous consequences
 If an officer is required to do a
When statute is mandatory or directory positive act but fails because
 No absolute test to determine whether a statute is such actions will lead to the
directory or mandatory aforementioned, he will only be
 Final arbiter – legislative intent subject to administrative
 Legislative intent does not depend on the form of sanction for his failure to do
the statute; must be given to the entire statute, its what the law requires
object, purpose, legislative history, and to other
related statutes Language used
 Mandatory in form but directory in nature –  Generally mandatory – command words
possible o Shall or Shall not
 Whether a statute is mandatory or directory o Must or Must not
depends on whether the thing directed to be done o Ought or Ought not
is of the essence of the thing required, or is a mere o Should or Should not
matter of form, what is a matter of essence can o Can or Cannot
often be determined only by judicial construction  Generally directory – permissive words
o Considered directory – compliance is a o May or May not
matter of convenience; where the
directions of a statute are given merely Use of ―shall‖ or ―must‖
with a view to the proper, orderly and  Generally, ―shall‖ and ―must‖ is mandatory in
prompt conduct of business; no nature
substantial rights depend on it  If a different interpretation is sought, it must rest
o Considered mandatory – a provision upon something in the character of the legislation
relating to the essence of the thing to be or in the context which will justify a different
done, that is, to matters of substance; meaning
interpretation shows that the legislature  The import of the word ultimately depends upon a
intended a compliance with such consideration of the entire provision, its nature,

object and the consequences that would follow When ―shall‖ is construed as ―may‖ and vice versa
from construing it one way or the other  Rule: ―may‖ should be read ―shall‖
o where such construction is necessary to
Loyola Grand Villa Homeowners (South) Assn., Inc. v. CA give effect to the apparent intention of
 ―must‖ construed as directory the legislature
 Corporation Code Sec 46 reads ― every o where a statute provides for the doing os
corporation formed under this Code MUST within some act which is required by justice r
one month after receipt of official notice of the public duty
issuance of its certification of incorporation with o where it vests a public body or officer
the SEC, adopt a code of by-laws for its with power and authority to take such
government not inconsistent with this Code‖ action which concerns for the public
 PD 902-A which is in pari material with the interest or rights of individuals
Corporation Code states that the non-filing of the  Rule: ―shall‖ should be read ―may‖
by-laws does not imply the ―demise‖ of the o When so required by the context or by
corporation; that there should be a notice and the intention of the legislature
hearing before the certificate of registration may o When no public benefit or private right
be cancelled by the failure to file the by-laws requires that it be given an imperative
meaning
 One test whether mandatory or directory
compliance must be made – whether non- Diokno v. Rehabilitiation Finance Corp
compliance with what is required will result in the  Sec. 2 RA 304 reads ―banks or other financial
nullity of the act; if it results in the nullity, it is institutions owned or controlled by the
mandatory Government SHALL, subject to availability of
funds xxx accept at a discount at not more than
Director of Land v. CA 20% for 10 years of such backpay certificate‖
 Law requires in petitions for land registration that  ―Shall‖ implies discretion because of the phrase
―upon receipt of the order of the court setting the ―subject to availability of funds‖
time for initial hearing to be published in the OG
and once in a newspaper of general circulation in Govermnent v. El Hogar Filipino
the Philippines‖  Corporation Codes reads ―SHALL, upon such
 Law expressly requires that the initial hearing be violation being proved, be dissolved by quo
published in the OG AND in the newspaper of warranto proceedings‖
general circulation – reason: OG is not as widely  ―Shall‖ construed as ―may‖
read of the newspaper of general circulation
 ―shall‖ is imperative/ mandatory Berces, Sr. v. Guingona
 Without initial hearing being published in a  Sec. 68 Ra 7160 (LGC) provides that an appeal
newspaper of general circulation is a nullity from an adverse decision against a local elective
official to the President ―SHALL not prevent a
Use of ―may‖ decision from becoming final and executor‖
 An auxiliary verb showing opportunity or  ―Shall‖ is not mandatory because there is room to
possibility construe said provision as giving discretion to the
 Generally, directory in nature reviewing officials to stay the execution of the
 Used in procedural or adjective laws; liberally appealed decision
construed
 Example: Sec 63 of the corporation Code – Use of negative, prohibitory or exclusive terms
―shares of stock so issued are personal property  A negative statute is mandatory; expressed in
and MAY be transferred by delivery of the negative words or in a form of an affirmative
certificate or certificated endorsed by the owner proposition qualified by the word ―only‖
o ―may‖ is merely directory and that the  ―only‖ exclusionary negation
transfer of the shares may be effected in a  Prohibitive or negative words can rarely, if ever,
manner different from that provided for be discretionary
in law

MANDATORY STATUTES o If the Sec of Justice does not act thereon,

after the lapse of 60 days, a party could
Statutes conferring power already proceed to seek relief in court
 Generally regarded as mandatory although  Purpose of mandatory compliance: to prevent
couched in a permissive form delays and enhance the speedy and orderly
 Should construe as imposing absolute and positive discharge of judicial functions
duty rather than conferring privileges
 Power is given for the benefit of third persons, not  Unless the requirements of law are complied with,
for the public official the decision of the lower court will become final
 Granted to meet the demands of rights, and to and preclude the appellate court from acquiring
prevent a failure of justice jurisdiction to review it
 Given as a remedy to those entitled to invoke its  Interest reipiciae ut sit finis litium – public interest
aid requires that by the very nature of things there
must be an end to a legal controversy
Statutes granting benefits
 Considered mandatory Gachon v. Devera, Jr
 Failure of the person to take the required steps or  Issue: whether Sec 6 of the Rule on Summary
to meet the conditions will ordinarily preclude Procedure, which reads ― should the defendant fail
him from availing of the statutory benefits to answer the complaint within the period above
 Vigilantibus et non dormientibus jura subveniunt provided, the Court, motu proprio, or on motion
– the laws aid the vigilant, not those who slumber of the plaintiff, SHALL render judgment as may
on their rights be warranted by the facts alleged in the complaint
 Potior est in tempoe, potior est in jure – he who is and limited to what is prayed for therein,‖ is
first in time is preferred in right mandatory or directory, such that an answer filed
out of time may be accepted
Statutes prescribing jurisdictional requirements  Held: mandatory
 Considered mandatory o Must file the answer within the
 Examples reglementary period
o Requirement of publication o Reglementary period shall be ‗non-
o Provision in the Tax Code to the effect extendible‘
that before an action for refund of tax is o Otherwise, it would defeat the objective
filed in court, a written claim therefore of expediting the adjudication of suits
shall be presented with the CIR within
the prescribed period is mandatory and Statutes prescribing procedural requirements
failure to comply with such requirement  Construed mandatory
is fatal to the action  Procedure relating to jurisdictional, or of the
essence of the proceedings, or is prescribed for the
Statutes prescribing time to take action or to appeal protection or benefit of the party affected
 Generally mandatory  Where failure to comply with certain procedural
 Held as absolutely indispensable to the prevention requirements will have the effect of rendering the
of needless delays and to the orderly and speedy act done in connection therewith void, the statute
discharge or business, and are necessary incident prescribing such requirements is regarded as
to the proper, efficient, and orderly discharge of mandatory even though the language is used
judicial functions therein is permissive in nature
 Strict not substantial compliance
 Not waivable, nor can they be the subject of De Mesa v. Mencias
agreements or stipulation of litigants  Sec 17, Rule 3 RC – ―after a party dies and the
claim is not thereby extinguished, the court shall
Reyes v. COA order, upon proper notice, the legal representative
 Sec. 187 RA 7160 – process of appeal of of the deceased to appear and to be substituted
dissatisfied taxpayer on the legality of tax xxx. If legal representative fails to appear xxx,
the court MAY order the opposing party to
ordinance
produce the appointment of a legal representative
o Appeal to the Sec of Justice within 30
days of effectivity of the tax ordinance xxx‖
o If Sec of Justice decides the appeal, a  Although MAY was used, provision is mandatory
period of 30 days is allowed for an  Procedural requirement goes to the very
aggrieved party to go to court jurisdiction of the court, for ―unless and until a

legal representative is for him is duly named and Statutes relating to assessment of taxes
within the jurisdiction of the trial court, no  Intended for the security of the citizens, or to
adjudication in the cause could have been insure the equality of taxation, or for certainty as
accorded any validity or the binding effect upon to the nature and amount of each other‘s tax –
any party, in representation of the deceased, MANDATORY
without trenching upon the fundamental right to a o E.g. Statutes requiring the assessor to
day in court which is the very essence of the notify the taxpayer of the assessment of
constitutionally enshrined guarantee of due his property within a prescribed period
process  Those designed merely for the information or
direction of officers or to secure methodical and
Election laws on conduct of election systematic modes of proceedings - DIRECTORY
 Construed as mandatory
 Before election – mandatory Statutes concerning public auction sale
 After election – directory, in support of the result  Construed mandatory
unless of a character to affect an obstruction to the  Procedural steps must be strictly followed
free and intelligent casting of the votes, or to the  Otherwise, void
ascertainment of the result, or unless it is
expressly declared by the statute that the particular DIRECTORY STATUTES
act is essential to the validity of an election, or
that its omission shall render it void (whew, and Statutes prescribing guidance for officers
haba!)  Regulation designed to secure order, system, and
 When the voters have honestly cast their ballots, dispatch in proceedings, and by a disregard of
the same should not be nullified simply because which the rights of parties interested may not be
the officers appointed under the law to direct the injuriously affected – directory
elections and guard the purity of the ballot have o Exception – unless accompanied by
not done their duty negative words importing that the acts
 For where a candidate has received popular required shall not be done in any other
mandate, overwhelmingly and clearly expressed, manner or time than that designated
all possible doubts should be resolved in favor of
the candidates eligibility, for to rule otherwise is Statutes prescribing manner of judicial action
to defeat the will of the electorate  Construed directory
 Procedure is secondary in importance to
Delos Reyes v. Rodriguez substantive right
 The circumstance that the coupon bearing the  Generally, non-compliance therewith is not
number of the ballot is not detached at the time the necessary to the validity of the proceedings
ballot is voted, as required by law, does not justify
the court in rejecting the ballot Statutes requiring rendition of decision within prescribed
period
Election laws on qualification and disqualification  Sec 15(1) Art. VIII, 1987 Constitution – the
 The rule of ―before-mandatory and after- maximum period within which a case or matter
directory‖ in election laws only applies to shall be decided or resolved from the date of its
procedural statutes; submission shall be
 Not applicable to provisions of the election laws o 24 months – SC
prescribing the time limit to file certificate of o 12 months – lower collegiate courts
candidacy and the qualifications and o 3 months – all other lower courts
disqualifications of elective office – considered  Sec 7 Art. IX-A, 1987 Constitution –
mandatory even after election o 60 days from the date of its submission
for resolution – for all Constitutional
Statutes prescribing qualifications for office Commissions
 Eligibility to a public office is of a continuing  Before the Constitution took effect - Statutes
nature and must exist at the commencement of the requiring rendition of decision within prescribed
term and during the occupancy of the office period – Directory
 Statutes prescribing the eligibility or qualifications o Except
of persons to a public office are regarded as  intention to the contrary is
mandatory manifest
 Example in the book – lawyer-judge; judge-  time is of the essence of the
disbarment as lawyer thing to be done

 language of the statute contains injury to the general public than would
negative words its strict application
 designation of the time was o Courts are not divested of their
intended as a limitation of jurisdiction for failure to decide a case
power, authority or right within the 90-day period
 always look at intent to ascertain whether to give o Only for the guidance of the judges
the statute a mandatory or directory construction manning our courts
o basis: EXPEDIENCY – less injury o Failure to observe said rule constitutes a
results to the general public by ground for administrative sanction
disregarding than enforcing the little of against the defaulting judge
the law and that judges would otherwise  A certification to this effect is
abstain from rendering decisions after the required before judges are
period to render them had lapsed because allowed to draw their salaries
they lacked jurisdiction tot do so
CHAPTER NINE: Prospective and Retroactive Statutes
Querubin v. CA
 Statute: appeals in election cases ―shall be decided IN GENERAL
within 3 months after the filing of the case in the
office of the clerk of court‖ Prospective and retroactive statutes, defined
 Issue: whether or not CA has jurisdiction in  Prospective –
deciding the election case although the required o operates upon facts or transactions that
period to resolve it has expired occur after the statute takes effect
 Held: yes, otherwise is to defeat the administration o looks and applies to the future.
of justice upon factors beyond the control of the  Retroactive –
parties; would defeat the purpose of due process; o Law which creates a new obligation,
dismissal will constitute miscarriage of justice; imposes a new duty or attaches a new
speedy trial would be turned into denial of justice disability in respect to a transaction
o Failure of judge to take action within the already past.
said period merely deprives him of their o A statute is not made retroactive because
right to collect their salaries or to apply it draws on antecedent facts for its
for leaves, but does not deprive them of operation, or part of the requirements for
the jurisdiction to act on the cases its action and application is drawn from a
pending before them time antedating its passage.
Constitutional time provision directory Umali vs. Estanislao

 A law may be made operative partly on facts that
Marcelino v. Cruz occurred prior to the effectivity of such law
 Sec 15(1) Art. VIII, 1987 Constitution – the without being retroactive.
maximum period within which a case or matter  Statute: RA 7167- granting increased personal
shall be decided or resolved from the date of its exemptions from income tax to be available
submission shall be thenceforth, that is, after said Act became
o 24 months – SC effective and on or before the deadline for filing
o 12 months – lower collegiate courts income tax returns, with respect to compensation
o 3 months – all other lower courts income earned or received during the calendar
 Sec 15(1) Art. VIII, 1987 Constitution – directory year prior to the date the law took effect.
 Reasons:
o Statutory provisions which may be thus Castro v. Sagales
departed from with impunity, without  A retroactive law (in a legal sense)
affecting the validity of statutory o one which takes away or impairs vested
proceedings, are usually those which rights acquired under existing laws
relate to the mode or time of doing that o creates a new obligation and imposes a
which is essential to effect the aim and new duty
purpose of the legislature or some o attaches a new disability in respect of
incident of the essential act – thus transactions or considerations already
directory past
o Liberal construction – departure from
strict compliance would result in less

Laws operate prospectively, generally Lagardo v. Masaganda

 It is a settled rule in statutory construction that  Held: RA 2613, as amended by RA 3090 ON June
statutes are to be construed as having only 1991, granting inferior courts jurisdiction over
prospective operation, unless the intendment of guardianship cases, could not be given retroactive
the legislature is to give them a retroactive effect, effect in the absence of a saving clause.
expressly declare or necessarily implied from the
language used. Larga v. Ranada Jr.
 No court will hold a statute to be retroactive when  Held: Sec. 9 & 10 of E.O. 90 amending Sec 4 of
the legislature has not said so. P.D. 1752 could have no retroactive application.
 Art. 4 of the Civil Code which provides that
―Laws shall have no retroactive effect, unless the Peo v. Que Po Lay
contrary is provided.‖  Held: a person cannot be convicted of violating
 Lex prospicit, non respicit – the law looks Circular 20 of the Central Bank, when the alleged
forward, not backward violation occurred before publication of the
 Lex de future, judex de praeterito – the law Circular on the Official Gazette.
provides for the future, the judge for the past.
 If the law is silent as to the date of its application Baltazar v. CA
and that it is couched in the past tense does not  Held: It denied retroactive application to PD 27
necessarily imply that it should have retroactive decreeing the emancipation of tenants from the
effect. bondage of the soil, & PD 316, prohibiting
ejectment of tenants from rice & corn
Grego v. Comelec farmholdings pending promulgation of rules &
 A statute despite the generality of its language, regulations implementing PD 27
must not be so construed as to overreach acts,
events, or matters which transpired before its Nilo v CA
passage  Held: removed ‗personal cultivation‘ as the
 Statute: Sec.40 of the LGC disqualifying those ground for ejectment of a tenant can‘t be given
removed from office as a result of an retroactive effect in absence of statutory statement
administrative case from running for local elective for retroactivity.
positions cannot be applied retroactively.
 Held: It cannot disqualify a person who was  Applied to administrative rulings & circulars:
administratively removed from his position prior
to the effectivity of said Code from running for an ABS-CBN Broadcasting v. CTA
elective position.  Held: a circular or ruling of the CIR cannot be
 Rationale: a law is a rule established to guide given retroactive effect adversely to a taxpayer.
actions with no binding effect until it is enacted.
Sanchez v. COMELEC
 Nova constitution futuris formam imponere debet  Held: the holding of recall proceedings had no
non praeteretis – A new statute should affect the retroactive application
future, not the past.
Romualdez v. CSC
 Prospectivity applies to:  Held: CSC Memorandum Circular No. 29 cannot
o Statutes be given retrospective effect so as to entitle to
o Administrative rulings and circulars permanent appointment an employee whose
o Judicial decisions temporary appointment had expired before the
 The principle of prospectivity of statutes, original Circular was issued.
or amendatory, has been applied in many cases.  Applied to judicial decisions for even though not
These include: laws, are evidence of what the laws mean and is
the basis of Art.8 of the Civil Code wherein laws
Buyco v. PNB of the Constitution shall form part of the legal
 Statute: RA 1576 which divested the PNB of system of the Philippines.
authority to accept back pay certificates in
payment of loans Presumption against retroactivity
 Held: does not apply to an offer of payment made  Presumption is that all laws operate prospectively,
before effectivity of the act. unless the contrary clearly appears or is clearly,
plainly and unequivocally expressed or
necessarily implied.

 In case of doubt: resolved against the retroactive virtue of a law in force at the time the act was
operation of laws committed.
 If statute is susceptible of construction other than  Nullum crimen sine poena, nulla poena sine legis
that of retroactivity or will render it – there is no crime without a penalty, there is no
unconstitutional- the statute will be given penalty without a law.
prospective effect and operation.
 Presumption is strong against substantive laws Ex post facto law
affecting pending actions or proceedings. No  Constitution provides that no ex post facto law
substantive statute shall be so construed shall be enacted. It also prohibits the retroactive
retroactively as to affect pending litigations. application of penal laws which are in the nature
of ex post facto laws.
Words or phrases indicating prospectivity  Ex post facto laws are any of the following:
 Indicating prospective operation: o Law makes criminal an act done before
o A statute is to apply ―hereafter‖ or the passage of the law and which was
―thereafter‖ innocent when done, and punishes such
o ―from and after the passing of this Act‖ act
o ―shall have been made‖ o Law which aggravates a crime, makes it
o ―from and after‖ a designated date greater than it was, when committed
 ―Shall‖ implies that the law makes intend the o Law which changes the punishment &
enactment to be effective only in future. inflicts a greater punishment than that
 Statutes have no retroactive but prospective effect: annexed to the crime when committed
o ―It shall take effect upon its approval‖ o Law which alters the legal rules of
o Shall take effect on the date the President evidence, authorizes conviction upon less
shall have issued a proclamation or E.O., or different testimony than the law
as provided in the statute required at the time of the commission of
the offense
Retroactive statutes, generally o Law which assumes to regulate civil
 The Constitution does not prohibit the enactment rights and remedies only, but in effect
of retroactive statutes which do not impair the imposes penalty or deprivation of a right
obligation of contract, deprive persons of property for something which when done was
without due process of law, or divest rights which lawful
have become vested, or which are not in the nature o Law which deprives a person accused of
of ex post facto laws. a crime of some lawful protection to
 Statutes by nature which are retroactive: which he has become entitled, such as
o Remedial or curative statutes protection of a former conviction or
o Statutes which create new rights acquittal, or proclamation of amnesty.
o Statute expressly provides that it shall  Test if ex post facto clause is violated: Does the
apply retroactively law sought to be applied retroactively take from
o Where it uses words which clearly an accused any right vital for protection of life and
indicate its intent liberty?
 Problem in construction is when it is applied  Scope: applies only to criminal or penal matters
retroactively, to avoid frontal clash with the  It does NOT apply to laws concerning civil
Constitution and save the law from being declared proceedings generally, or which affect or regulate
unconstitutional. civil or private rights or political privilege
STATUTES GIVEN PROSPECTIVE EFFECT Alvia v. Sandiganbayan

 Law: as of the date of the effectivity of this
Penal statutes, generally decree, any case cognizable by the Sandiganbayan
 Penal laws operate prospectively. is not an ex post facto law because it is not a penal
 Art. 21 of the RPC provides that ―no felony shall statute nor dilutes the right of appeal of the
be punishable by any penalty not prescribed by accused.
law prior to its commission.
 Provision is recognition to the universally Bill of attainder
accepted principle that no penal law can have a  Constitution provides that no bill of attainder shall
retroactive effect, no act or omission shall be held be enacted.
to be a crime, nor its author punished, except by  Bill of attainder – legislative act which inflicts
punishment without judicial trial

 Essence: substitution of a legislative for a judicial appellate court on

determination of guilt appeal from such
 Serves to implement the principle of separation of judgment should take
powers by confining the legislature to rule-making such statute in
& thereby forestalling legislative usurpation of consideration.
judicial functions. o Enacted during or after the trial of the
 History: Bill of Attainder was employed to criminal action
suppress unpopular causes & political minorities,
and this is the evil sought to be suppressed by the Director v. Director of Prisons
Constitution.  When there is already a final judgment & accused
 How to spot a Bill of Attainder: is serving sentence, remedy is to file petition of
o Singling out of a definite minority habeas corpus, alleging that his continued
o Imposition of a burden on it imprisonment is illegal pursuant to said statute &
o A legislative intent praying that he be forthwith released.
o retroactive application to past conduct
suffice to stigmatize  Exceptions to the rule:
 Bill of Attainder is objectionable because of its ex o When accused is habitual delinquent
post facto features. o When statute provides that it shall not
 Accordingly, if a statute is a Bill of Attainder, it is apply to existing actions or pending cases
also an ex post facto law. o Where accused disregards the later law &
invokes the prior statute under which he
When penal laws applied retroactively was prosecuted.
 Penal laws cannot be given retroactive effect,  General rule: An amendatory statute rendering an
except when they are favorable to the accused. illegal act prior to its enactment no longer illegal
 Art.22 of RPC ―penal laws shall have a retroactive is given retroactive effect does not apply when
effect insofar as they favor the person guilty of a amendatory act specifically provides that it shall
felony, who is not a habitual criminal, as this term only apply prospectively.
is defined in Rule 5 Art 62 of the Code , although
at the time of the application of such laws a final Statutes substantive in nature
sentence has been pronounced and the convict is  Substantive law
serving the same. o creates, defines or regulates rights
 This is not an ex post facto law. concerning life, liberty or property, or the
 Exception to the general rule that all laws operate powers of agencies or instrumentalities
prospectively. for administration of public affairs.
o that part of law which creates, defines &
 Rule is founded on the principle that: the right of
regulates rights, or which regulates rights
the state to punish and impose penalty is based on
or duties which give rise to a cause of
the principles of justice.
action
 Favorabilia sunt amplianda, adiiosa restrigenda –
o that part of law which courts are
Conscience and good law justify this exception.
established to administer
 Exception was inspired by sentiments of humanity o when applied to criminal law: that which
and accepted by science. declares which acts are crimes and
 2 laws affecting the liability of accused: prescribe the punishment for committing
o In force at the time of the commission of them
the crime – during the pendency of the o Cannot be construed retroactively as it
criminal action, a statute is passed might affect previous or past rights or
 reducing the degree of penalty obligations
 eliminating the offense itself  Substantive rights
 removing subsidiary
o One which includes those rights which
imprisonment in case of
one enjoys under the legal system prior
insolvency to pay the civil to the disturbance of normal relations.
liability
 Cases with substantive statutes:
 prescription of the offense
 such statute will be Tolentino v. Azalte
applied retroactively
 In the absence of a contrary intent, statutes which
and the trial court
lays down certain requirements to be complied
before the finality of
with be fore a case can be brought to court.
judgment or the

Espiritu v. Cipriano taken, a statute enacted during the pendency of the

 Freezes the amount of monthly rentals for appeal vesting jurisdiction upon such trial court
residential houses during a fixed period over the subject matter or such case may not be
given retroactive effect so as to validate the
Spouses Tirona v. Alejo judgment of the court a quo, in the absence of a
 Law: Comprehensive Land Reform Law granting saving clause.
complainants tenancy rights to fishponds and
pursuant to which they filed actions to assert Republic v. Prieto
rights which subsequently amended to exempt  Where a complaint pending in court is defective
fishponds from coverage of statute because it did not allege sufficient action, it may
 Held: Amendatory law is substantive in nature as not be validated by a subsequent law which affects
it exempts fishponds from its coverage. substantive rights and not merely procedural
matters.
 Test for procedural laws:
o if rule really regulates procedure, the  Rule against the retroactive operation of statutes
judicial process for enforcing rights and in general applies more strongly with respect to
duties recognized by substantive law & substantive laws that affect pending actions or
for justly administering remedy and proceedings.
redress for a disregard or infraction of
them Qualification of rule
o If it operates as a means of implementing  A substantive law will be construed as applicable
an existing right to pending actions if such is the clear intent of the
 Test for substantive laws: law.
o If it takes away a vested right  To promote social justice or in the exercise of
o If rule creates a right such as right to police power, is intended to apply to pending
appeal actions
 As a rule, a case must be decided in the light of
Fabian v. Desierto the law as it exists at the time of the decision of
 Where to prosecute an appeal or transferring the the appellate court, where the statute changing the
venue of appeal is procedural law is intended to be retroactive and to apply to
 Example: pending litigations or is retroactive in effect
o Decreeing that appeals from decisions of  This rule is true though it may result in the
the Ombudsman in administrative actions reversal of a judgment which as correct at the time
be made to the Court of Appeals it was rendered by the trial court. The rule is
o Requiring that appeals from decisions of subject to the limitation concerning constitutional
the NLRC be filed with the Court of restrictions against impairment of vested rights
Appeals
 Generally, procedural rules are retroactive and are Statutes affecting vested rights
applicable to actions pending and undermined at  A vested right or interest may be said to mean
the time of the passage of the procedural law, some right or interest in property that has become
while substantive laws are prospective fixed or established and is no longer open to doubt
or controversy
Effects on pending actions  Rights are vested when the right to enjoyment,
 Statutes affecting substantive rights may not be present or prospective, has become the property of
given retroactive operation so as to govern some particular person or persons, as a present
pending proceedings. interest
 The right must be absolute, complete and
Iburan v. Labes unconditional, independent of a contingency
 Where court originally obtains and exercises  A mere expectancy of future benefit or a
jurisdiction, a later statute restricting such contingent interest in property founded on
jurisdiction or transferring it to another tribunal anticipated continuance of existing laws does not
will not affect pending action, unless statute constitute a vested right
provides & unless prohibitory words are used.  Inchoate rights which have not been acted on are
not vested
Lagardo v. Masagana
 Where court has no jurisdiction over a certain case
but nevertheless decides it, from which appeal is

 A statute may not be construed and applied  Laws existing at the time of the execution of
retroactively under the following circumstances: contracts are the ones applicable to such
o if it impairs substantive right that has transactions and not later statutes, unless the latter
become vested; provide that they shall have retroactive effect.
o as disturbing or destroying existing right  Later statutes will not, however, be given
embodied in a judgment; retroactive effect if to do so will impair the
o creating new substantive right to obligation of contracts, for the Constitution
fundamental cause of action where none prohibits the enactment of a law impairing the
existed before and making such right obligations of contracts.
retroactive;  Any law which enlarges, abridges, or in any
o by arbitrarily creating a new right or manner changes the intention of the parties
liability already extinguished by necessarily impairs the contract itself
operation of law  A statute which authorizes any deviation from the
 Law creating a new right in favor of a class of terms of the contract by postponing or
persons may not be so applied if the new right accelerating the period of performance which it
collides with or impairs any vested right acquired prescribes, imposing conditions not expressed in
before the establishment of the new right nor, by the contract, or dispensing with those which are
the terms of which is retroactive, be so applied if: however minute or apparently immaterial in their
o it adversely affects vested rights effect upon the contract, impairs the obligation,
o unsettles matter already done as required and such statute should not therefore be applied
by existing law retroactively.
o works injustice to those affected thereby  As between two feasible interpretations of a
statute, the court should adopt that which will
Benguet Consolidated Mining Co v. Pineda avoid the impairment of the contract.
 While a person has no vested right in any rule of  If the contract is legal at it inception, it cannot be
law entitling him to insist that it shall remain rendered illegal by a subsequent legislation.
unchanged for his benefit, nor has he a vested  A law by the terms of which a transaction or
right in the continued existence of a statute which agreement would be illegal cannot be given
precludes its change or repeal, nor in any omission retroactive effect so as to nullify such transactions
to legislate on a particular matter, a subsequent or agreement executed before said law took effect.
statute cannot be so applied retroactively as to
impair his right that accrued under the old law. U.S. Tobacco Corp. v. Lina
 Statutes must be so construed as to sustain its  The importation of certain goods without import
constitutionality, and prospective operation will be license which was legal under the law existing at
presumed where a retroactive application will the time of shipment is not rendered illegal by the
produce invalidity. fact that when the goods arrived there was already
another law prohibiting importation without
Peo v. Patalin import license. To rule otherwise in any of these
 The abolition of the death penalty and its instances is to impair the obligations of contract.
subsequent re-imposition. Those accused of
crimes prior to the re-imposition of the death Illustration of rule
penalty have acquired vested rights under the law
abolishing it. People v. Zeta
 Courts have thus given statutes strict constriction  Existing law: authorizing a lawyer to charge not
to prevent their retroactive operation in order that more than 5% of the amount involved as
the statutes would not impair or interfere with attorney‘s fees in the prosecution of certain
vested or existing rights. Accused-appellant ‗s veteran‘s claim.
rights to be benefited by the abolition of the death  Facts: A lawyer entered into a contract for
penalty accrued or attached by virtue of Article 22 professional services on contingent basis and
of the Revised Penal Code. This benefit cannot be actually rendered service to its successful
taken away from them. conclusion. Before the claim was collected, a
statute was enacted.
Statutes affecting obligations of contract  New statute: Prohibiting the collection of
 Any contract entered into must be in accordance attorney‘s fees for services rendered in
with, and not repugnant to, the applicable law at prosecuting veteran‘s claims.
the time of execution. Such law forms part of, and
is read into, the contract even without the parties
expressly saying so.
 Issue: For collecting his fees pursuant to the expressly or by necessary implication and no
contract for professional services, the lawyer was vested right or obligations of contract are thereby
prosecuted for violation of the statute. impaired.
 Held: In exonerating the lawyer, the court said:  The general rule on the prospective operation of
the statute prohibiting the collection of attorney‘s statutes also applies to amendatory acts
fees cannot be applied retroactively so as to
adversely affect the contract for professional San Jose v. Rehabilitation Finance Corp
services and the fees themselves.  RA 401 which condoned the interest on pre-war
 The 5% fee was contingent and did not become debts from January 1, 1942 to December 31, 1945
absolute and unconditional until the veteran‘s amended by RA 671 on June 16, 1951 by virtually
claim had been collected by the claimant when the reenacting the old law and providing that “if the
statute was already in force did no alter the debtor, however, makes voluntary payment of the
situation. entire pre-war unpaid principal obligation on or
 For the ―distinction between vested and absolute before December 31, 1952, the interest on such
rights is not helpful and a better view to handle the principal obligation corresponding from January
problem is to declare those statutes attempting to 1, 1946 to day of payment are likewise condoned‖
affect rights which the courts find to be  Held: a debtor who paid his pre-war obligation
unalterable, invalid as arbitrary and unreasonable, together with the interests on March 14, 1951 or
thus lacking in due process.‖ before the amendment was approved into law, is
 The 5% fee allowed by the old law is ―not not entitled to a refund of the interest paid from
unreasonable. Services were rendered thereunder January 1, 1946 to March 14, 1951 the date the
to claimant‘s benefits. The right to fees accrued debtor paid the obligation.
upon such rendition. Only the payment of the fee  Reason:
was contingent upon the approval of the claim; o ―makes voluntary payment‖ – denotes a
therefore, the right was contingent. For a right to present or future act; thereby not
accrue is one thing; enforcement thereof by actual retroactively
payment is another. The subsequent law enacted o ―unpaid principal obligation‖ and
after the rendition of the services should not as a ―condone‖ – imply that amendment does
matter of simple justice affect the agreement, not cover refund of interests paid after its
which was entered into voluntarily by the parties approval.
as expressly directed in the previous law. To apply
the new law to the case of defendant-appellant s as CIR v. La Tondena
to deprive him of the agreed fee would be  Statute: imposes tax on certain business activities
arbitrary and unreasonable as destructive of the is amended by eliminating the clause providing a
inviolability of contracts, and therefore invalid as tax on some of such activities, and the amended
lacking in due process; to penalize him for act is further amended, after the lapse of length of
collecting such fees, repugnant to our sense of time, by restoring the clause previously
justice.‖ eliminated, which requires that the last
amendment should not be given retroactive effect
Repealing and amendatory acts so as to cover the whole period.
 Statutes which repeal earlier or prior laws operate
prospectively, unless the legislative intent to give Imperial v. CIR
them retroactive effect clearly appears.  An amendment which imposes a tax on a certain
 Although a repealing state is intended to be business which the statute prior to its amendment
retroactive, it will not be so construed if it will does not tax, may not be applied retroactively so
impair vested rights or the obligations of as to require payment of the tax on such business
contracts, or unsettle matters that had been legally for the period prior to the amendment
done under the old law.
 Repealing statutes which are penal in nature are Buyco v. Philippine National Bank
generally applied retroactively if favorable to the  Issue: can Buyco compel the PNB to accept his
accused, unless the contrary appears or the backpay certificate in payment of his indebtedness
accused is otherwise not entitled to the benefits of to the bank
the repealing act.  April 24, 1956- RA 897 gave Buyco the right to
 While an amendment is generally construed as have said certificate applied in payment of is
becoming a part of the original act as if it had obligation thus at that time he offered to pay with
always been contained therein , it may not be his backpay certificate.
given a retroactive effect unless it is so provided

 June 16, 1956, RA 1576 was enacted amending general rule against the retroactive
the charter of the PNB and provided that the bank operation of statutes.
shall have no authority to accept backpay o A new statute which deals with
certificate in payment of indebtedness to the bank. procedure only is presumptively
 Held: The Court favored Buyco. All statutes are applicable to all actions – those which
construed as having prospective operation, unless have accrued or are pending.
the purpose of the legislature is to give them o Statutes regulating the procedure of the
retroactive effect. courts will be construed as applicable to
 This principle also applies to amendments. RA actions pending and undetermined at the
1576 does not contain any provision regarding its time of their passage.
retroactive effect. It simply states its effectivity  The retroactive application of procedural laws is
upon approval. The amendment therefore, has no not:
retroactive effect, and the present case should be o violative of any right of a person who
governed by the law at the time the offer in may feel that he is adversely affected;
question was made o nor constitutionally objectionable.
 The rule is familiar that after an act is amended,  Rationale: no vested right may attach to, nor arise
the original act continues to be in force with from, procedural laws.
regard to all rights that had accrued prior to such  A person has no vested right in any particular
amendment. remedy, and a litigant cannot insist on the
application to the trial of his case, whether civil or
Insular Government v. Frank criminal, of any other than the existing rules of
 Where a contract is entered into by the parties on procedure
the basis of the law then prevailing, the
amendment of said law will not affect the terms of Alday v. Camillon
said contract.  Provision: BP 129- ―nor record or appeal shall be
 The rule applies even if one of the contracting required to take an appeal.‖ (procedural in nature
parties is the government and should be applied retroactively)
 Issue: Whether an appeal from an adverse
STATUTES GIVEN RETROACTIVE EFFECT judgment should be dismissed for failure of
appellant to file a record on appeal within 30 days
Procedural laws as required under the old rules.
 The general law is that the law has no retroactive  Such question is pending resolution at the time the
effect. BP Blg took effect, became academic upon
 Exceptions: effectivity of said law because the law no longer
o procedural laws requires the filing a of a record on appeal and its
o curative laws, which are given retroactive retroactive application removed the legal obstacle
operation to giving due course to the appeal.
 Procedural laws
o adjective laws which prescribe rules and Castro v. Sagales
forms of procedure of enforcing rights or  A statute which transfers the jurisdiction to try
obtaining redress for their invasion certain cases from a court to a quasi-judicial
o they refer to rules of procedure by which tribunal is a remedial statute that is applicable to
courts applying laws of all kinds can claims that accrued before its enactment but
properly administer injustice formulated and filed after it took effect.
o they include rules of pleadings, practice  Held: The court that has jurisdiction over a claim
and evidence at the time it accrued cannot validly try to claim
o Applied to criminal law, they provide or where at the time the claim is formulated and
regulate the steps by which one who filed, the jurisdiction to try it has been transferred
commits a crime is to be punished. by law to a quasi-judicial tribunal.
o Remedial statutes or statutes relating to  Rationale: for even actions pending in one court
modes of procedure- which do not create may be validly be taken away and transferred to
new or take away vested rights, but only another and no litigant can acquire a vested right
operate in furtherance of the remedy or to be heard by one particular court.
confirmation of the rights already
existing, do not come within the legal  An administrative rule: which is interpretative of a
conception of a retroactive law, or the pre-existing statue and not declarative of certain
rights with obligations thereunder is given

retroactive effect as of the date of the effectivity Martinez v. People

of the statute.  Statutes regulating the procedure of the courts will
be construed as applicable to actions pending and
Atlas Consolidated Mining & Development Corp. v. CA undermined at the time of their passage.
 Issue: whether a trial court has been divested of  Where at the time the action was filed, the Rules
jurisdiction to hear and decide a pending case of Court: ―a petition to be allowed to appeal as
involving a mining controversy upon the pauper shall not be entertained by the appellate
promulgation of PD 1281 which vests upon the court‖
Bureau of Mines Original and exclusive  The subsequent amendment thereto deleting the
jurisdiction to hear and decide mining sentence implies that the appellate court is no
controversies. longer prohibited from entertaining petitions to
 Held: Yes. PD 1281 is a remedial statute. appear as pauper litigants, and may grant the
 It does not create new rights nor take away rights petition then pending action, so long as its
that are already vested. It only operates in requirements are complied with.
furtherance of a remedy or confirmation of rights
already in existence. Exceptions to the rule
 It does not come within the legal purview of a  The rule does not apply where:
prospective law. As such, it can be given o the statute itself expressly or by
retrospective application of statutes. necessary implication provides that
 Being procedural in nature, it shall apply to all pending actions are excepted from it
actions pending at the time of its enactment except operation, or where to apply it to pending
only with respect to those cases which had already proceedings would impair vested rights
attained h character of a final and executor o Courts may deny the retroactive
judgment. application of procedural laws in the
 Were it not so, the purpose of the Decree, which is event that to do so would not be feasible
to facilitate the immediate resolution of mining or would work injustice.
controversies by granting jurisdiction to a body or o Nor may procedural laws be applied
agency more adept to the technical complexities retroactively to pending actions if to do
of mining operations, would be thwarted and so would involve intricate problems of
rendered meaningless. due process or impair the independence
 Litigants in a mining controversy cannot be of the courts.
permitted to choose a forum of convenience.
 Jurisdiction is imposed by law and not by any of Tayag v. CA
the parties to such proceedings.  Issue: whether an action for recognition filed by
 Furthermore, PD 1281 is a special law and under a an illegitimate minor after the death of his alleged
well-accepted principle in stat con, the special law parent when Art 285 of the Civil Code was still in
will prevail over a stature or law of general effect and has remained pending Art 175 of the
application. Family Code took effect can still be prosecuted
considering that Art 175, which is claimed to be
Subido, Jr. v. Sandiganbayan procedural in nature and retroactive in application,
 Court ruled that RA 7975, in further amending PD does not allow filing of the action after the death
1606 as regards the Sandiganbayan‘s jurisdiction, of the alleged parent.
mode of appeal, and other procedural matters, is  Held: The rule that a statutory change in matters
clearly a procedural law, i.e. one which prescribes of procedure may affect pending actions and
rules and forms of procedure enforcing rights or proceedings, unless the language of the act
obtaining redress for their invasion, or those excludes them from its operation, is not so
which refer to rules of procedure by which courts pervasive that it may be used to validate or
applying laws of all kinds can properly administer invalidate proceedings taken before it goes into
justice. effect, since procedure must be governed by the
 The petitioners suggest that it is likewise curative law regulating it at the time the question of
or remedial statute, which cures defects and adds procedure arises especially where vested rights
to the means of enforcing existing obligations. maybe prejudiced.
 As a procedural and curative statute, RA 7975  Accordingly, Art 175 of the Family Code finds no
may validly be given retroactive effect, there proper application to the instant case since it will
being no impairment of contractual or vested ineluctably affect adversely a right of private
rights. respondent and, consequentially, of the minor
child she represents, both of which have been
vested with the filing of the complaint in court.
The trial court is, therefore, correct in applying the Erectors, Inc. v. NLRC (hahhha for the petitioner)
provisions of Art 285 of the Civil Code and in  Statute: EO 111, amended Art 217 of the Labor
holding that private respondent‘s cause of action Code to widen the workers, access to the
has not yet prescribed.‖ government for redress of grievances by giving
the Regional Directors & the Labor Arbiters
Curative statutes concurrent jurisdiction over cases involving
 curative remedial statutes are healing acts money claims
 they are remedial by curing defects and adding to  Issue: Amendment created a situation where the
the means of enforcing existing obligations jurisdiction of the RDs and LAs overlapped.
 the rule to curative statutes is that if the thing  Remedy: RA 6715further amended Art 217 by
omitted or failed to be done, and which constitutes delineating their respective jurisdictions. Under
the defect sought to be removed or made RA 6715, the RD has exclusive jurisdiction over
harmless, is something which the legislature might cases involving claims, provided:
have dispensed with by a previous statute, it may o the claim is presented by an employer or
do so by a subsequent one person employed in domestic or
 curative statutes are intended to supply defects, household services or household help
abridge superfluities in existing laws, and curb under the Code.
certain evils. They are designed and intended, but o the claimant no longer being employed
has failed of expected legal consequence by does not seek reinstatement
reason of some statutory disability or irregularity o the aggregate money claim of the
in their own action. They make valid that which, employee or househelper doesn‘t exceed
before the enactment of the statute, was invalid. P5,000.
 Their purpose is to give validity to acts done that All other cases are within the exclusive
would have been invalid under existing laws, as if jurisdiction of the Labor Arbiter.
existing laws have been complied with  Held: EO 111 & RA 6715 are therefore curative
statutes.
Frivaldo v. COMELEC  A curative statute is enacted to cure defects in a
 (rested the definition of curative statutes) prior law or to validate legal proceedings,
instruments or acts of public authorities which
 Tolentino would otherwise be void for want of conformity
o those which undertake to cure errors& with certain existing legal requirements
irregularities, thereby validating judicial
judicial or administrative proceedings, Adong v. Cheong Seng Gee
acts of public officers, or private deeds or  Statutes intended to validate what otherwise void
contracts which otherwise would not or invalid marriages, being curative, will be given
produce their intended consequences by retroactive effect.
reason of some statutory disability or
failure to comply with some technical Santos v. Duata
requirement  Statute which provides that a contract shall
 Agpalo presumed an equitable mortgage in any of the
o curative statutes are healing acts curing cases therein enumerated, and designed primarily
defects and adding to the means of to curtail evils brought about by contracts of sale
enforcing existing obligations with right of repurchase, is remedial in nature &
o and are intended to supply defects will be applied retroactively to cases arising prior
abridge superfluities in existing laws& to the effectivity of the statute.
curb certain evils
o by their very nature, curative statutes are Abad v. Phil American General Inc.
retroactive and reach back to the past  Where at the time action is filed in court the latter
events to correct errors or irregularities & has no jurisdiction over the subject matter but a
to render valid & effective attempted acts subsequent statute clothes it with jurisdiction
which would be otherwise ineffective for before the matter is decided.
the purpose the parties intended  The statute is in the nature of a curative law with
 Curative statutes are forms of retroactive retroactive operation to pending proceedings and
legislations which reach back on past events to cures the defect of lack of jurisdiction of the court
correct errors or irregularities & to render valid & at the commencement of the action.
effective attempted acts which would be otherwise
ineffective for the purpose the parties intended.

Legarda v. Masaganda for the construction of a government project under

 Where a curative statute is enacted after the court the build-lease-and transfer scheme
has rendered judgment, which judgment is  Held: The subsequent enactment of a statute
naturally void as the court has at the time no which recognizes direct negotiation of contracts
jurisdiction over the subject of the action, the under such arrangement is a curative statute.
enactment of the statute conferring jurisdiction to  As all doubts and procedural lapses that might
the court does not validate the void judgment for have attended the negotiated contract have been
the legislature has no power to make a judgment cured by the subsequent statute
rendered without jurisdiction of a valid judgment.
Limitations of rule
Frivaldo v. COMELEC  remedial statutes will not be given retroactive
 (an example considered curative & remedial as effect if to do so would impair the obligations of
well as one which creates new rights & new contract or disturb vested rights
remedies, generally held to e retroactive in nature-  only administrative or curative features of the
PD 725, which liberalizes the procedure of statute as will not adversely affect existing rights
repatriation) will be given retroactive operation
 Held: PD 725 & the re-acquisition of the Filipino  the exception to the foregoing limitations of the
citizenship by administrative repatriation pursuant rule is a remedial or curative statute which is
to said decree is retroactive. enacted as a police power measure
 Statutes of this type may be given retroactive
De Castro v. Tan effect even though they impair vested rights or the
 Held: what has been given retroactive effect in obligations of contract, if the legislative intent is
Frivaldo is not only the law itself but also Phil. to give them retrospective operation
Citizenship re-acquired pursuant to said law to the  Rationale: The constitutional restriction against
date of application for repatriation, which meant impairment against obligations of contract or
that his lack of Filipino citizenship at the time he vested rights does not preclude the legislature
registered as a voter, one of the qualification is as from enacting statutes in the exercise of its police
a governor, or at the time he filed his certificate of power
candidacy for governorship, one of the
qualification is as a governor, was cured by the Police power legislations
retroactive application of his repatriation.  as a rule, statutes which are enacted in the exercise
of police power to regulate certain activities, are
Republic v. Atencio applicable not only to those activities or
 Curative statute: one which confirms, refines and transactions coming into being after their passage,
validate the sale or transfer of a public land but also to those already in existence
awarded to a grantee, which a prior law prohibits  Rationale: the non-impairment of the obligations
its sale within a certain period & otherwise invalid of contract or of vested rights must yield to the
transaction under the old law. legitimate exercise of power, by the legislature, to
prescribe regulations to promote the health,
Municipality of San Narciso, Quezon v. Mendez morals, peace, education, good order, safety and
 Statute: Sec. 442(d) of the Local Government general welfare of the people
Code of 1991, provides that municipal districts  Any right acquired under a statute or under a
organized pursuant to presidential issuances or contract is subject to the condition that it may be
executive orders & which have their respective impaired by the state in the legitimate exercise of
sets of elective municipal officials holding at the its police power, since the reservation of the
time of the effectivity of the code shall henceforth essential attributes of sovereign power is deemed
be considered as a regular municipalities read into every statute or contract as a postulate of
 This is a curative statute as it validates the the legal order
creation of municipalities by EO which had been
held to be an invalid usurpation of legislative Statutes relating to prescription
power.  General rule: a statute relating to prescription of
action, being procedural in nature, applies to all
Tatad v. Garcia Jr. actions filed after its effectivity. In other words,
 Issue: Where there is doubt as to whether such a statute is both:
government agency under the then existing law, o prospective in the sense that it applies to
has the authority to enter intoa negotiated contract causes that accrued and will accrue after
it took effect, and

o retroactive in the sense that it applies to this Act shall not be affected by the period herein
causes that accrued before its passage prescribed.
 However, a statute of limitations will not be given  As statute shortened the period of prescription
retroactive operation to causes of action that from 6 to 3 yrs. from the date the cause of action
accrued prior to its enactment if to do so will accrued, it was contended that to give retroactive
remove a bar of limitation which has become effect would impair vested rights since it would
complete or disturb existing claims without operate to preclude the prosecution of claims that
allowing a reasonable time to bring actions accrued more than 3 but less than 6 yrs.
thereon  Held: a statute of limitations is procedural in
nature and no vested right can attach thereto or
Nagrampa v. Nagrampa arise therefrom.
 Statute: Art. 1116 of the Civil Code: ―prescription  When the legislature provided that ―actions
already running before the effectivity of this Code already commenced before the effectivity of this
shall be governed by laws previously in force; but Act shall not be affected by the period herein
if since the time this Code took effect the entire prescribed,‖ it intended to apply the statute to all
period herein required for prescription should existing actions filed after the effectivity of the
elapse, the present Code shall be applicable even law.
though by the former laws a longer period might  Because the statute shortened the period within
be required.‖ which to bring an action & in order to violate the
 Held: The provision is retroactive since it applied constitutional mandate, claimants are injuriously
to a cause that accrued prior to its effectivity affected should have a reasonable period of 1 yr.
which when filed has prescribed under the new from time new statute took effect within which to
Civil Code even though the period of prescription sue on such claims.
prescribed under the old law has not ended at the
time the action is filed in court Corales v. Employee’s Compensation Commission
 The fact that the legislature has indicated that the  Same issue on Billones but Court arrived at a
statute relating to prescription should be given different conclusion.
retroactive effect will not warrant giving it if it  Issue: Whether a claim for workmen‘s
will impair vested rights compensation which accrued under the old
 Statute of limitations prescribing a longer period Workmen‘s Compensation Act (WCA) but filed
to file an action than that specified under the law under after March 31, 1975 is barred by the
may not be construed as having retroactive provision of the New Labor Code which repealed
application if it will revive the cause that already the WCA.
prescribed under the old statute for it will impair  WCA requires that ―workmen‘s compensation
vested rights against whom the cause is asserted. claims accruing prior to the effectivity of this
 Statute which shorten the period of prescription & Code shall be filed with the appropriate regional
requires that causes which accrued prior to its offices of the Department of Labor not later than
effectivity be prosecuted or filed not later than a March 31, 1975, otherwise shall be barred
specific date may not be construed to apply to forever.‖
existing causes which pursuant to the old law  Held: Provision doesn‘t apply to workmen‘s
under which they accrued, will not prescribe until compensation that accrued before Labor Code
a much longer period than that specified in the took effect, even if claims were not filed not later
later enactment because the right to bring an than March 31, 1975.
action is founded on law which has become vested  Rationale: prescriptive period for claims which
before the passage of the new statute of limitations accrued under WCA as amended 10 yrs. which is
―a right found on statute‖ & hence a vested right,
Apparently conflicting decisions on prescription that cannot be impaired by the retroactive
application of the Labor Code.
Billones v. CIR
 Issue: whether Sec. 7A of Common wealth Act
144, amended by RA 1993, to the effect that ―any
action to enforce an cause (i.e. non payment of
wages or overtime compensation) under this Act
shall be commenced within 3 years after such
cause of action accrued, otherwise it shall be
forever barred. Provided, however, that actions
already commenced before the effective day of

Comparison of Billones and Corales  Such statute, like other statutes, may not however
be construed retroactively so as to impair vested
Billones Corales rights. Hence, a statute which eliminates the right
to appeal and considers the judgment rendered in a
While Court said that such Court considered the right case final and unappealable, destroys the right to
right to bring an action to prosecute the action that appeal a decision rendered after the statute went
accrued under the old law is accrued under the old law as into effect, but NOT the right to prosecute an
not vested right, it did not one founded on law & a appeal that has been perfected before the passage
say that the right is one vested right. of the law, for in the latter case, the right of the
protected by the due process appellant to appeal has become vested under the
clause of the Constitution. old law and may not therefore be impaired.
 Stature shortening the period for taking appeals is
For BOTH cases: In solving Court construed the statute to be given prospective effect and may not be
how to safeguard the right of limitations as applies to pending proceedings in which judgment
to bring action whose inapplicable to the action has already been rendered at the time of its
prescriptive period to that accrued before the law enactment except if there‘s clear legislative intent.
institute it has been took effect.
shortened by law? (It is generally held that the Berliner v. Roberts
Gave the claimants whose court has no power to read  Where a statute shortened the period for taking
rights have been affected, into the law something appeals form thirty days to fifteen days from
one year from the date the which the law itself did not notice of judgment, an appeal taken within thirty
law took effect within provide expressly or days but beyond fifteen days from notice of
which to sue their claims. impliedly. Corales case judgment promulgated before the statute took
seems to be on firmer effect is deemed seasonably perfected.
grounds.
CHAPTER TEN: Amendment, Revision, Codification
and Repeal
Prescription in criminal and civil cases
 General rule: laws on prescription of actions apply AMENDMENT
as well to crimes committed before the enactment
as afterwards. There is, however, a distinction  Power to Amend
between a statute of limitations in criminal actions  The legislature has the authority to amend, subject
and that of limitations in civil suits, as regards to constitutional requirements, any existing law.
their construction.  Authority to amend is part of the legislative power
 In CIVIL SUIT- statute is enacted by the to enact, alter and repeal laws.
legislature as an impartial arbiter, between two  The SC in the exercise of its rule-making power or
contending parties. In the construction of such of its power to interpret the law, has no authority
statute, there is no intendment to be made in favor to amend or change the law, such authority being
of either party. Neither grants right to the other; the exclusive to the legislature.
there is therefore no grantor against whom no
ordinary presumptions of construction are to be  How amendment effected
made.  Amendment – the change or modification, by
 CRIMINAL CASES: the state is the grantor, deletion, alteration, of a statute which survives in
surrendering by act of grace its right to prosecute its amended form.
or declare that the offense is no longer subject of  The amendment of a statute is effected by the
prosecution after the prescriptive period. Such enactment of an amendatory act modifying or
statutes are not only liberally construed but are altering some provisions of a statute either
applied retroactively if favorable to the accused. expressly or impliedly.
 Express amendment – done by providing in the
Statutes relating to appeals amendatory act that specific sections or provisions
 The right to appeal from an adverse judgment, of a statute be amended as recited therein or as
other than that which the Constitution grants, is common indicated, ―to read as follows.‖
statutory and may be restricted or taken away
 A statute relating to appeals is remedial or  Amendment by implication
procedural in nature and applies to pending  Every statute should be harmonized with other
actions in which no judgment has yet been laws on the same subject, in the absence of a clear
promulgated at the time the statute took effect. inconsistency.

 Legislative intent to amend a prior law on the  Where an amendatory act provides that an existing
same subject is shown by a statement in the later statute shall be amended to read as recited in the
act that any provision of law that is inconsistent amendatory act, such portions of the existing law
therewith is modified accordingly. as are retained either literally or substantially
 Implied Amendment- when a part of a prior
statute embracing the same subject as the later Estrada v. Caseda
may not be enforced without nullifying the  Where a statute which provides that it shall be
pertinent provision of the latter in which event, the in force for a period of four years after its
prior act is deemed amended or modified to the approval, the four years is to be counted from
extent of repugnancy. the date the original statute was approved and
not from the date the amendatory act was
Quimpo v. Mendoza amended.
 Where a statute which requires that the annual
realty tax on lands or buildings be paid on or  Meaning of law changed by amendment
before the specified date, subject to penalty of  An amended act should be given a construction
a percentage of the whole amount of tax in different from the law prior to its amendment, for
case of delayed payment, is amended by its is presumed that the legislature would not have
authorizing payment of the tax in four equal amended it had not it not wanted to change its
installments to become due on or before meaning.
specified dates.  Prior to the introduction of the amendment, the
 The penalty provision of the earlier statute is statute had a different meaning which the
modified by implication that the penalty for amendment changed in all the particulars touching
late payment of an installment under the later which a material change in the language of the
law will be collected and computed only on later act exists.
the installment that became due and unpaid,  Deliberate selection of language in the
and not on the whole amount of annual tax as amendatory act different from that of the original
provided in the old statute. act indicates that the legislature intended a change
 Legislative intent to change the basis is clear in the law or in its meaning.
when the later law allowed payment in four
installments. Victorias Milling Co. v. SSS
 A statutory definition of term containing a
People v. Macatanda general rule and an exception thereto is
 A statute punishing an act which is also a amended by eliminating the exception, the
crime under the RPC provides a penalty as legislative intent is clear that the term should
prescribed in the said Code, such statute is not now include the exception within the scope of
a special law but an amendment by the general rule.
implication.
Parras v. Land Registration Commissions
 When amendment takes effect  Section of a statute requiring the exact
 15 days following its publication in the Official payment of publication fees in land
Gazette or newspaper of general circulation, registration proceedings, except in cases
unless a date is specified therein after such where the value of the land does not exceed
publication. P50,000 is amended by deleting the excepting
clause, it means that the statute as amended
 How amendment is construed, generally now requires payment of the publication fees
 Statute and amendment – read as a whole regardless of the value of the land involved
 Amendment act is ordinarily construed as if the  Suppression of the excepting clause amount
original statute has been repealed and a new to the withdrawal of the exemption allowed
independent act in the amended form had been under the original act.
adopted.
 Amended act is regarded as if the statute has been  Amendment Operates Prospectively
originally enacted in it amended form.  An amendment will not be construed as having a
 Read in a connection with other sections as if all retroactive effect, unless the contrary is provided
had been enacted in the same statute. or the legislative intent to give it a retroactive
 Where an amendment leaves certain portions of an effect is necessarily implied from the language
act unchanged, such portions are continued in used and only if no vested right is impaired.
force, with the same meaning and effect they have
before the amendment.

Imperial v. Collector of Internal Revenue jurisdiction over all cases, including money
 A statute amending a tax law is silent as to claims, arising out of law or contract
whether it operates retroactively, the involving Filipino workers for overseas
amendment will not be giving retroactive employment.
effect so as to subject to tax past transactions  Issue: whether the decision of the labor
not subject to tax under the original act. arbiter in favor of the overseas worker was
invalid
Diu v. Court of Appeals  Held: the court sustained the validity of the
 Statutes relating to procedure in courts are decision and ruled that the labor arbiter still
applicable to actions pending and had the authority to decide the cease because
undetermined at the time of their passage. EO 797b did not divest the labor arbiter his
authority to hear and decide the case filed by
 Effect of Amendment on Vested Rights the overseas worker prior to its effectivity.
 After a statute is amended, the original act  Jurisdiction over the subject matter is
continues to be in force with regard to all rights determined by the law in force at the time of
that had accrued prior to the amendment or to the commencement of the action; laws should
obligations that were contracted under the prior only be applied prospectively unless the
act and such rights and obligations will continue legislative intent to give them retroactive
to be governed by the law before its amendment. effect is expressly declared or is necessarily
 Not applied retroactively so as to nullify such implied from the language used.
rights.
 Effect of nullity of prior or amendatory act
 Effect of amendment on jurisdiction  Where a statute which has been amended is
 Jurisdiction of a court to try cases is determined invalid, nothing in effect has been amended
by the law in force at the time the action is  The amendatory act, complete by itself, will be
instituted. considered as an original or independent act.
 Jurisdiction remains with the court until the case is
finally decided therein. Government v. Agoncillo
 Where the amendatory act is declared
Rillaroza v. Arciaga unconstitutional, it is as if the amendment did
 Absence of a clear legislative intent to the not exist, and the original statute before the
contrary, a subsequent statute amending a attempted amend remains unaffected and in
prior act with the effect of divesting the court force.
of jurisdiction may not be construed to
operate but to oust jurisdiction that has REVISION AND CODIFICATION
already attached under the prior law.
 Generally
Iburaan v. Labes  Purpose: to restate the existing laws into one
 Where a court originally obtains and statute and simply complicated provisions, and
exercises jurisdiction pursuant to an existing make the laws on the subject easily found.
law, such jurisdiction will not be overturned  Construction to harmonize different provisions
and impaired by the subsequent amendment  Presumption: author has maintained a consisted
of the law, unless express prohibitory words philosophy or position.
or words of similar import are used.  The different provisions of a revised statute or
code should be read and construed together.
 Applies to quasi-judicial bodies  Rule: a code enacted as a single, comprehensive
statute, and is to be considered as such and not as
Erectors, Inc v. NLRC a series of disconnected articles or provisions.
 PD 1691 and 1391 vested Labor Arbiters with
original and exclusive jurisdiction over all Lichauco & Co. v. Apostol
cases involving employer-employee relations,  A irreconcilable conflict between parts of a
including money claims arising out of any revised statute or a code, that which is best in
law or contract involving Filipino workers for accord with the general plan or, in the
overseas employment absence of circumstances upon which to base
 Facts: An overseas worker filed a money a choice, that which is later in physical
claim against his recruiter, and while the case position, being the latest expression of
is pending, EO 797 was enacted, which legislative will, will prevail.
vested POEA with original and exclusive

 What is omitted is deemed repealed  There is no irreconcilable conflict between the

 all laws and provisions of the old laws that are two codes on the matter of sickness benefits
omitted in the revised statute or code are deemed because the provision has not been restated in the
repealed, unless the statute or code provides New Code.
otherwise  The whereas clause is the intent to cover only
 Reason: revision or codification is, by its very those aspects of government that pertain to
nature and purpose, intended to be a complete administration, organization and procedure, and
enactment on the subject and an expression of the understandably because of the many changes that
whole law thereon, which thereby indicates intent transpired in the government structure since the
on the part of the legislature to abrogate those enactment of the old code.
provisions of the old laws that are not reproduced
in the revised statute or code.  Change in phraseology
 Possible only if the revised statute or code was  It is a well settled rule that in the revision or
intended to cover the whole subject to is a codification of statutes, neither an alteration in
complete and perfect system in itself. phraseology nor the admission or addition of
 Rule: a subsequent statute is deemed to repeal a words in the later statute shall be held necessarily
prior law if the former revises the whole subject to alter the construction of the former acts.
matter of the former statute.  Words which do not materially affect the sense
 When both intent and scope clearly evince the will be omitted from the statute as incorporated in
idea of a repeal, then all parts and provision of the the revise statute or code, or that some general
prior act that are omitted from the revised act are idea will be expressed in brief phrases.
deemed repealed.  If there has been a material change or omission,
which clearly indicates an intent to depart from
Mecano v. Commission on Audit the previous construction of the old laws, then
 Claim for reimbursement by a government such construction as will effectuate such intent
official of medical and hospitalization will be adopted.
expenses pursuant to Section 699 of the
Revised Administration Code of 1917, which  Continuation of existing laws.
authorizes the head of office to case a  A codification should be construed as the
reimbursement of payment of medical and continuation of the existing statutes.
hospital expenses of a government official in  The codifiers did not intend to change the law as it
case of sickness or injury caused by or formerly existed.
connected directly with the performance of  The rearrangement of sections or parts of a statute,
his official duty. or the placing of portions of what formerly was a
 CoA denied the claim on the ground that AC single section in seprate sections, does not operate
of 1987 which revised the old AC, repealed to change the operation, effect of meaning of the
Sec. 699 because it was omitted the revised statute, unless the changes are of such nature as to
code. manifest clearly and unmistakably a legislative
 SC ruled that the legislature did not intend, in intent to change the former laws.
enacting the new Code, to repeal Sec. 699 of
the old code. REPEAL
 ―All laws, decrees, orders, rules and
regulation, or portions thereof, inconsistent  Power to repeal
with this Code are hereby repealed or  Power to repeal a law is as complete as the power
modified accordingly.‖ to enact one.
 New code did not expressly repeal the old as  The legislature cannot in and of itself enact
the new Code fails to identify or designate the irrepealable laws or limit its future legislative acts.
act to be repealed.
 Two categories of repeal by implication  Repeal, generally
 Provisions in the two acts on the same subject  Repeal: total or partial, express or implied
matter that are in irreconcilable conflict.  Total repeal – revoked completely
☺ Later act to the extent of the conflict  Partial repeal – leaves the unaffected portions of
constitutes an implied repeal of the the statute in force.
earlier  A particular or specific law, identified by its
 If the later act covers the whole subject of the number of title, is repealed is an express repeal.
earlier one and is clearly intended as a statute,  All other repeals are implied repeals.
it will operate to repeal the earlier law.  Failure to add a specific repealing clause indicates
that the intent was not to repeal any existing law,
unless an irreconcilable inconsistency and Agujetas v. Court of Appeals

repugnancy exist in the terms of the new and old  Fact that Sec 28 of RA 7166 pertaining to
laws, latter situation falls under the category of an canvassing by boards of canvassers is silent
implied repeal. as to how the board of canvassers shall
 Repealed only by the enactment of subsequent prepare the certificate of canvass and as to
laws. what will be its basis, w/c details are provided
 The change in the condition and circumstances in the second paragraph of Sec231 of the
after the passage of a law which is necessitated the Omnibus Election Code, an earlier statute,
enactment of a statute to overcome the difficulties ―respective boards of canvassers shall prepare
brought about by such change does not operate to a certificate of canvass duly signed and
repeal the prior law, nor make the later statute so affixed with the imprint of the thumb of the
inconsistent with the prior act as to repeal it. right hand of each member, supported by a
statement of the votes and received by each
 Repeal by implication candidate in each polling place and on the
 Where a statute of later date clearly reveals an basis thereof shall proclaim as elected the
intention on the part of the legislature to abrogate candidates who obtained the highest number
a prior act on the subject, that intention must be of votes coast in the provinces, city,
given effect. municipality or barangay, and failure to
 There must be a sufficient revelation of the comply with this requirement shall constitute
legislative intent to repeal. an election offense‖
 Intention to repeal must be clear and manifest  Did not impliedly repeal the second
 General rule: the latter act is to be construed as a paragraph of Sec 231 of OEC and render the
continuation not a substitute for the first act so far failure to comply with the requirement no
as the two acts are the same, from the time of the longer an election offense.
first enactment.
 Two categories of repeals by implication  Irreconcilable inconsistency between to laws
 Where provisions in the two acts on the same embracing the same subject may also exist when
subject matter are in an irreconcilable conflict the later law nullifies the reason or purpose of the
and the later act to the extent of the conflict earlier act, so that the latter law loses all meaning
constitutes an implied repeal of the earlier. and function.
 If the later act covers the whole subject of the
earlier one and is clearly intended as a Smith, Bell & Co. v. Estate of Maronilla
substitute, it will operate similarly as a repeal  A prior law is impliedly repealed by a later
of the earlier act. act where the reason for the earlier act is
beyond peradventure removed.
 Irreconcilable inconsistency
 Implied repeal brought about by irreconcilable  Repeal by implication – based on the cardinal rule
repugnancy between two laws takes place when that in the science of jurisprudence, two
the two statutes cover the same subject matter; inconsistent laws on the same subject cannot co-
they are so clearly inconsistent and incompatible exist in one jurisdiction.
with each other that they cannot be reconciled or  There cannot be two conflicting law on the same
harmonized and both cannot be given effect, once subject. Either reconciled or later repeals prior
cannot be enforced without nullifying the other. law.
 Implied repeal – earlier and later statutes should  Leges posteriores priores contrarias abrogant (a
embrace the same subject and have the same later law repeals the prior law on the subject
object. which is repugnant thereto)
 In order to effect a repeal by implication, the later
statute must be so irreconcilably inconsistent and Mecano v. Commission on Audit
repugnant with the existing law that they cannot  Issue: whether Sec. 699 of the Revised
be made to reconcile and stand together. Administrative Code has been repealed by the
 It is necessary before such repeal is deemed to 1987 Administrative Code.
exist that is be shown that the statutes or statutory  1987 Administration Code provides that: ―All
provisions deal with the same subject matter and laws, decrees, orders, rules and regulations, or
that the latter be inconsistent with the former. portions thereof, inconsistent with this code
 the fact that the terms of an earlier and later are hereby repealed or modified accordingly
provisions of law differ is not sufficient to create  Court ruled that the new Code did not repeal
repugnance as to constitute the later an implied Sec 699:
repeal of the former.

☺ Implied repeal by irreconcilable government structure since the enactment

inconsistency takes place when two of RAC.
statutes cover the same subject matter, ☺ Repeals of statutes by implication are not
they are so clearly inconsistent and favored. Presumption is against the
incompatible with each other that they inconsistency and repugnancy for the
cannot be reconciled or harmonized, and legislature is presumed to know the
both cannot be given effect, that one law existing laws on the subject and not to
cannot be enforced without nullifying the have enacted inconsistent or conflicting
other. statutes.
☺ The new Code does not cover not attempt
to the cover the entire subject matter of Ty v. Trampe
the old Code.  Issue: whether PD 921 on real estate taxes has
☺ There are several matters treated in the been repealed impliedly by RA 7160,
old Code that are not found in the new otherwise know as the Local Government
Code. (provisions on notary public; leave Code of 1991 on the same subject.
law, public bonding law, military  Held: that there has been no implied repeal
reservations, claims for sickness benefits  Court: it is clear that the two law are not
under section 699 and others) coextensive and mutually inclusive in their
☺ CoA failed to demonstrate that the scope and purpose.
provisions of the two Codes on the ☺ RA 7160 covers almost all governmental
matter of the subject claim are in an functions delegated to local government
irreconcilable conflict. units all over the country.
☺ There can no conflict because the ☺ PD 921 embraces only Metropolitan
provision on sickness benefits of the Manila Area and is limited to the
nature being claimed by petitioner has administration of financial services
not been restated in old Code. therein.
☺ The contention is untenable. ☺ Sec.9 PD921 requires that the schedule
☺ The fact that a later enactment may relate of values of real properties in the
to the same subject matter as that of an Metropolitan Manila Area shall be
earlier statute is not of itself sufficient to prepared jointly by the city assessors
cause an implied repeal of the prior act states that the schedules shall be prepared
new statute may merely be cumulative or by the provincial, city and municipal
a continuation of the old one. assessors of the municipalities within
☺ Second Category: possible only if the Metropolitan Manila Area for the
revised statute or code was intended to different classes of real property situated
cover the whole subject to be a complete in their respective local government units
and perfect system in itself. for enactment by ordinance of the
 Rule: a subsequent is deemed to sanggunian concerned.
repeal a prior law if the former
revises the whole subject matter of Hagad v. Gozo-Dadole
the former statute.  Sec.19 RA 6670, the Ombudsman Act grants
☺ When both intent and scope clearly disciplinary authority to the Ombudsman to
evince the idea of a repeal, then all parts discipline elective and appointive officials,
and provisions of the prior act that are except those impeachable officers, has been
omitted from the revised act are deemed repealed, RA 7160, the Local Government
repealed. Code, insofar as local elective officials in the
☺ Before there can be an implied repeal various officials therein named.
under this category, it must be the clear  Held: both laws should be given effect
intent of the legislature that later act be because there is nothing in the Local
the substitute of the prior act. Government Code to indicate that it has
☺ Opinion 73 s.1991 of the Secretary of repealed, whether expressly or impliedly.
Justice: what appears clear is the intent to ☺ The two statutes on the specific matter in
cover only those aspects of government question are not so inconsistent, let alone
that pertain to administration, irreconcilable, as to compel us to uphold
organization and procedure, one and strike down the other.
understandably because of the many ☺ Two laws must be incompatible, and a
changes that transpired in the clear finding thereof must surface, before

the inference of implied repeal may be charges adopted by schools pursuant to

drawn. this provision shall be collectible, and
☺ Interpretare et concordare leges legibus, their application or use authorized,
est optimus interpretandi modus, i. e subject to rules and regulations
(every statute must be so construed and promulgated by the Ministry of
harmonized with other statutes as to form Education, Culture and Sports.‖
uniform system of jurisprudence.  Issue: whether Sec. 42 of BP 232 impliedly
☺ the legislature should be presumed to repealed Sec. 3(a) of PD 451
have known the existing laws on the  Held: there was implied repeal because there
subject and not to have enacted are irreconcilable differences between the two
conflicting statutes. laws.
Initia, Jr v. CoA  Implied repeal by revision or codification

 implied repeal will not be decreed unless  Revised statute is in effect a legislative declaration
there is an irreconcilable inconsistency that whatever is embraced in the new statute shall
between two provisions or laws is RA 7354 in prevail and whatever is excluded there from shall
relation to PD 1597. be discarded.
☺ RA 7354 – in part of the Postmaster  Must be intended to cover the whole subject to be
General, subject to the approval of the a complete and perfect system in itself in order
Board of Directors of the Philippines that the prior statutes or part thereof which are not
Postal Corporation, shall have the power repeated in the new statute will be deemed
to ―determine the staffing pattern and the impliedly repealed.
number of personnel, define their duties
and responsibilities, and fix their salaries People v. Benuya
and emoluments in accordance with the  Where a statute is revised or a series of
approved compensation structure of the legislative acts on the same subject are
Corporation.‖ revised or consolidated into one, covering the
☺ Sec.6 PD 1597 – ― exemptions entire field of subject matter, all parts and
notwithstanding, agencies shall report to provisions of the former act or acts
the President, through the Budget ☺ that are omitted from the revised act are
Commission, on their position deemed repealed.
classification and compensation plans,
policies, rates and other related details Joaquin v. Navarro
following such specifications as may be  Where a new statute is intended to furnish the
prescribed by the President.‖ exclusive rule on a certain subject, it repeals
 Issue: whether Sec6 of PD1597, the two laws by implication the old law on the same
being reconcilable. subject,
 While the Philippine Postal Corporation is  Where a new statute covers the whole subject
allowed to fix its own personnel matter of an old law and adds new provisions
compensation structure through its board of and makes changes, and where such law,
directors, the latter is required to follow whether it be in the form of an amendment or
certain standards in formulating said otherwise, is evidently intended to be a
compensation system, and the role of DBM is revision of the old act, it repeals the old act by
merely to ensure that the action taken by the implication.
board of directors complies the requirements
of the law. People v. Almuete
 Revision of the Agricultural Tenancy Act by
Cebu Institute of Technology v. Ople the Agricultural Land Reform Code.
 Sec. 3(a) PD 451 and Sec. 42 of BP 232  Sec 39 of ATC (RA 1199) ―it shall be
illustrates repeal by implication. unlawful for either the tenant or landlord
☺ Sec 3(a) provides: ―no increase in tuition without mutual consent, to reap or thresh a
or other school fees or charges shall be portion of the crop at any time previous to the
approved unless 60% of the proceed is date set, for its threshing.‖
allocated to increase in salaries or wages  An action for violation of this penal provision
of the member of the faculty.‖ is pending in court, the Agricultural Land
☺ BP 232: ―each private school shall Reform Code superseded the Agricultural
determine its rate of tuition and other Tenancy Act, abolished share tenancy, was
school fees or charges. The rates or

not reproduced in the Agricultural Land  Affirmative statute does not impliedly repeal
Reform Code. the prior law unless an intention to effect a
 The effect of such non-reenactment is a repeal repeal is manifest,
of Section 39.  A negative statute repeals all conflicting
 It is a rule of legal hermeneutics that an act provisions unless the contrary intention is
which purports to set out in full all that it disclosed.
intends to contain, operates as a repeal of  Legislative intent to repeal is also shown where it
anything omitted which was contained in the enacts something in general term and afterwards it
old act and not included in the act as revised. passes another on the same subject, which though
 A substitute statute, and evidently intended as expressed in affirmative language introduces
the substitute for it, operates to repeal the special conditions or restrictions
former statute.  The subsequent statute will usually be
considered as repealing by implication the
Tung Chin Hui v. Rodriguez former regarding the matter covered by the
 Issue: whether Sec.18 Rule 41 of the pre- subsequent act.
1007 Rules of Court, which provided the  The express repeal of a provision of law from
appeal in habeas corpus cases to be taken which an executive official derives his authority to
within 48 hours from notice of judgment, has enforce another provision of the same law
been replaced by the 1997 Rules of Civil operates to repeal by implication the latter and to
Procedure, which provides in Sec. 3 Rule 41 deprive the official of the authority to enforce it.
thereof, that appeal from judgment or final  The enactment of a statute on a subject, whose
order shall be taken within 15 days from purpose or object is diametrically opposed to that
receipt thereof, in view of the fact that the of an earlier law on the same subject which
Sec. 18 was repealed, in accordance with the thereby deprives it of its reason for being, operates
well-settled rule of statutory construction that to repeal by implication the prior law, even though
provisions of an old law that were not the provisions of both laws are not inconsistent.
reproduced in the revision thereof covering
the same subject are deemed repealed and  ―All laws or parts thereof which are inconsistent with
discarded this Act are hereby repealed or modified accordingly,‖
 Held: SC in this case to abrogate those construed.
provisions of the old laws that are not  Nature of repealing clause
reproduced in the revised statute or Code.  Not express repealing clauses because it fails
to identify or designate the act or acts that are
 Repeal by reenactment intended to be repealed.
 Where a statute is a reenactment of the whole  A clause, which predicates the intended
subject in substitution of the previous laws on the repeal upon the condition that a substantial
matter, the latter disappears entirely and what is conflict must be found on existing and prior
omitted in the reenacted law is deemed repealed. acts of the same subject matter.
 The presumption against implied repeal and
Parras v. Land Registration Commission the rule on strict construction regarding
 Where a law amends a specific section of a implied repeal apply ex proprio vigore.
prior act by providing that the same is  Legislature is presumed to know the existing
amended so as to read as follows, which then law so that if repeal of particular or specific
quotes the amended provision, what is not law or laws is intended, the proper step is to
included in the reenactment is deemed so express it.
repealed.
 The new statute is a substitute for the original Valdez v. Tuason
section and all matters in the section that are  ―such a clause repeals nothing that would not
omitted in the amendment are considered be equally repealed without it.
repealed.  Either with or without it, the real question to
be determined is whether the new statute is in
 Other forms of implied repeal fundamental and irreconcilable conflict with
 The most powerful implication of repeal is that the prior statute on the subject.
which arises when the later of two laws is  Significance of the repealing clause: the presence
expressed in the form of a universal negative. of such general repealing clause in a later statute
 There is a clear distinction between affirmative clearly indicates the legislative intent to repeal all
and negative statutes in regard to their repealing prior inconsistent laws on the subject matter
effects upon prior legislation. whether or not the prior law is a special law.

 A later general law will ordinarily not repeal apply to different transactions involving loan
a prior special law on the same subject, as the or forbearance of money, goods or credits, as
latter is generally regarded as an exception to well as judgments relating to such load or
the former. forbearance of money, goods, or credits, the
 With such clause contained in the subsequent Central Bank Circular applies.
general law, the prior special law will be  In cases requiring the payment of indemnities
deemed repealed, as the clause is a clear as damages, in connection with any delay in
legislative intent to bring about that result. the performance of an obligation other than
those involving loan or forbearance of money,
 Repeal by implication not favored goods or credits, Art 2209 of the CC applies
 Presumption is against inconsistency or  Courts are slow to hold that one statute has
repugnancy and, accordingly, against implied repealed another by implication and they will not
repeal make such adjudication if they can refrain from
 Legislature is presumed to know the existing laws doing so, or if they can arrive at another result by
on the subject and not to have enacted inconsistent any construction which is just and reasonable.
or conflicting statutes.  Courts will not enlarge the meaning of one act in
 A construction which in effect will repeal a statute order to decide that is repeals another by
altogether should, if possible, be rejected. implication, nor will they adopt an interpretation
 In case of doubt as to whether a later statute has leading to an adjudication of repeal by implication
impliedly repealed a prior law on the same unless it is inevitable and a clear and explicit
subject, the doubt should be resolved against reason thereof can be adduced.
implied repeal.
 As between two laws, one passed later prevails
US v. Palacio  Leges posteriors priores contrarias abrogant
 Repeals by implication are not favored, and (later statute repeals prior ones which are not
will not be decreed unless it is manifest that repugnant thereto.)
the legislature so intended.  Applies even if the later act is made to take
 As laws are presumed to be passed with effect ahead of the earlier law.
deliberation and with full knowledge of all  As between two acts, the one passed later and
existing ones on the subject going into effect earlier will prevail over one
 It is but reasonable to conclude that in passing passed earlier and going into effect later.
a statute it was not intended to interfere with
or abrogate any former law relating to some Manila Trading & Supply Co. v. Phil. Labor Union
matter  an act passed April 16th and in force April 21st
 Unless the repugnancy between the two is not was held to prevail over an act passed April
only irreconcilable, but also clear and 9th and in effect July 4th of the same year.
convincing, and flowing necessarily form the  And an act going into effect immediately has
language used, the later act fully embraces the been held to prevail over an act passed before
subject matter of the earlier, or unless the but going into effect later.
reason for the earlier act is beyond  Whenever two statutes of different dates and of
peradventure removed. contrary tenor are of equal theoretical application
 Every effort must be used to make all acts to a particular case, the statute of later date must
stand and if, by any reasonable construction, prevail, being a later expression of legislative will.
they can be reconciled, the later act will not
operate as a repeal of the earlier. Philippine National Bank v. Cruz
 As between the order of preference of credit
NAPOCOR v. Angas set forth in Articles 2241 to 2245 of the CC
 Illustrates the application of the principle that and that of Article 110 of the Labor Code,
repeal or amendment by implication is not giving first preference to unpaid wages and
favored. other monetary claims of labor, the former
 Issue: whether Central Bank Circular 416 has must yield to the latter, being the law of the
impliedly repealed or amended Art 2209 of later enactment.
the Civil Code  The later law repeals an earlier one because it is
 Held: in answering the issue in the negative, the later legislative will.
the court ruled that repeals or even  Presumption: the lawmakers knew the older
amendments by implication are not favored if law and intended to change it.
two laws can be fairly reconciled. The  In enacting the older law, the legislators could
statutes contemplate different situations and not have known the newer one and could not

have intended to change what they did not NAPOCOR v. Arca

know.  Issue: whether Sec. 2 of Com. Act 120
 CC: laws are repealed only by subsequent creating the NAPOCOR, a government-
ones, not the other way around. owned corporation, and empowering it ―to
sell electric power and to fix the rates and
David v. COMELEC provide for the collection of the charges for
 Sec. 1 of RA 6679 provides that the term of any services rendered: Provided, the rates of
barangay officials who were to be elected on charges shall not be subject to revision by the
the second Monday of May 1994 is 5 years Public Service Act has been repealed by RA
 The later act RA 7160 Sec 43 (c) states that 2677 amending the Public Service Act and
the term of office of barangay officials who granting the Public Service Commission the
were to be elected also on the 2nd Monday of jurisdiction to fix the rate of charges of public
May 1994 is 3 years. utilities owned or operated by the government
 There being a clear inconsistency between the or government-owned corporations.
two laws, the later law fixing the term  Held: a special law, like Com. Act 120,
barangay officials at 3 years shall prevail. providing for a particular case or class of
cases, is not repealed by a subsequent statute,
 General law does not repeal special law, generally general in its terms, like RA 2677, although
 A general law on a subject does not operate to the general statute are broad enough to
repeal a prior special law on the same subject, include the cases embraced in the special law,
unless it clearly appears that the legislature has in the absence of a clear intent to repeal.
intended by the later general act to modify or  There appears no such legislative intent to
repeal the earlier special law. repeal or abrogate the provisions of the earlier
 Presumption against implied repeal is stronger law.
when of two laws, one is special and the other  The explanatory note to House Bill 4030 the
general and this applies even though the terms of later became RA 2677, it was explicit that the
the general act are broad enough to include the jurisdiction conferred upon the Republic
matter covered by the special statute. Service Commission over the public utilities
 Generalia specialibus non derogant – a general operated by government-owned or controlled
law does not nullify a specific or special law corporations is to be confined to the fixing of
 The legislature considers and makes provision for rates of such public services
all the circumstances of the particular case.  The harnessing and then distribution and sale
 Reason why a special law prevails over a general of electric power to the consuming public, the
law: the legislature considers and makes contingency intended to be met by the legal
provision for all the circumstances of the provision under consideration would not
particular case. exist.
 General and special laws are read and construed  The authority of the Public Service
together, and that repugnancy between them is Commission under RA 2677 over the fixing
reconciled by constituting the special law as an of rate of charges of public utilities owned or
exception to the general law. operated by GOCC‘s can only be exercised
 General law yields to the special law in the where the charter of the government
specific law in the specific and particular subject corporation concerned does not contain any
embraced in the latter. provision to the contrary.
 Applies irrespective of the date of passage of the
special law. Philippine Railway Co. v. Collector of Internal Revenue
 PRC was granted a legislative franchise to
 Application of rule operate a railway line pursuant to Act No.
1497 Sec. 13 which read: ―In consideration of
Sto. Domingo v. De los Angeles the premises and of the operation of this
 The court invariably ruled that the special law concession or franchise, there shall be paid by
is not impliedly repealed and constitutes an the grantee to the Philippine Government,
exception to the general law whenever the annually, xxx an amount equal to one-half of
legislature failed to indicate in unmistakable one per centum of the gross earnings of the
terms its intent to repeal or modify the prior grantee xxx.‖
special act.  Sec 259 of Internal Revenue Code, as
amended by RA 39, provides that ―there shall
be collected in respect to all existing and
future franchises, upon the gross earnings or

receipts from the business covered by the law repealed the prior law as to vest in the
granting a franchise tax of 5% of such taxes, municipal mayor the power to appoint
charges, and percentages as are specified in municipal cleck of court, as the subsequent
the special charters of the corporation upon law should be construed to comprehend only
whom suc franchises are conferred, subordinate officials of the municipality and
whichever is higher, unless the provisions not those of the judiciary.
hereof preclude the imposition of a higher tax
xxx. Gordon v. CA
 Issue: whether Section 259 of the Tax Code  A city charter giving real estate owner a
has repealed Section 13 of Act 1497, stand period of one year within which to redeem a
upon a different footing from general laws. property sold by the city for nonpayment of
 Once granted, a charter becomes a private realty tax from the date of such auction sale,
contract and cannot be altered nor amended being a special law, prevails over a general
except by consent of all concerned, unless the law granting landowners a period of two
right to alter or repeal is expressly reserved. years to make the redemption.
 Reason: the legislature, in passing a special
charter, has its attention directed to the Sto. Domingo v. Delos Angeles
special facts and circumstances in the  The Civil Service law on the procedure for
particular case in granting a special charter, the suspension or removal of civil service
for it will not be considered that the employees does not apply with respect to the
legislature, by adopting a general law suspension or removal of members of the
containing the provisions repugnant to the local police force.
provisions of the charter, and without any
mention of its intention to amend or modify  When special or general law repeals the other.
the charter, intended to amend, repeal or  There is always a partial repeal where the later act
modify the special act. is a special law.
 The purpose of respecting the tax rates
incorporated in the charters, as shown by the Valera v. Tuason
clause.  A subsequent general law on a subject has
repealed or amended a prior special act on the
LLDA v. CA same subject by implication is a question of
 Issue: which agency of the government, legislative intent.
LLDA or the towns and municipalities  Intent to repeal may be shown in the act itself
compromising the region should exercise the explanatory note to the bill before its
jurisdiction over the Laguna Lake and its passage into law, the discussions on the floor
environs insofar as the issuance of permits for of the legislature,
fishery privileges is concerned.
 The LLDA statute specifically provides that  Intent to repeal the earlier special law where the
the LLDA shall have exclusive jurisdiction to later general act provides that all laws or parts
issue permits for the use of all surface water thereof which are inconsistent therewith are
for any projects in or affecting the said repealed or modified accordingly
region, including the operation of fish pens.  If the intention to repeal the special law is clear,
 RA 7160 the LGC of 1991 grants the then the rule that the special law will be
municipalities the exclusive authority to grant considered as an exception to the general law does
fishery privileges in municipal waters. not apply; what applies is the rule that the special
 Held: two laws should be harmonized, and law is deemed impliedly repealed.
that the LLA statute, being a special law,  A general law cannot be construed to have
must be taken as an exception to RA 7160 a repealed a special law by mere implication admits
general law, of exception.
Garcia v. Pascual City Government of San Pablo v. Reyes

 Clerks of courts municipal courts shall be  Sec. 1 PD 551 provides that any provision of
appointed by the municipal judge at the law or local ordinance to the contrary, the
expense of the municipality and where a later franchise tax payable by all grantees of
law was enacted providing that employees franchise to generate, distribute, and sell
whose salaries are paid out of the municipal electric current for light, heat, and power shall
funds shall be appointed by the municipal be 25 of their gross receipts.
mayor, the later law cannot be said to have

 Sec. 137 of the LGC states: Notwithstanding Philippine International Trading Corp v. CoA
any exemption granted by any law or other  CoA contended that the PITC charter had
special law, the province may impose a tax on been impliedly repealed by the Sec. 16 RA
business enjoying a franchise at a rate not 6758
exceeding 50% of 1% of the gross annul  Held: that there was implied repeal, the
receipts. legislative intent to do so being manifest.
 Held: the phrase is all-encompassing and  PITC should now be considered as covered
clear that the legislature intended to withdraw by laws prescribing a compensation and
all tax exemptions enjoyed by franchise position classification system in the
holders and this intent is made more manifest government including RA 6758.
by Sec. 193 of the Code, when it provides that
unless otherwise provided in this code tax  Effects of repeal, generally
exemptions or incentives granted to or  Appeal of a statute renders it inoperative as of the
presently enjoyed by all persons, except local date the repealing act takes effect.
water districts, cooperatives, and non-stock  Repeal is by no means equivalent to a declaration
and non-profit hospitals and educational that the repealed statute is invalid from the date of
institutions, are withdrawn upon the its enactment.
effectivity of the Code.  The repeal of a law does not undo the
consequences of the operation of the statute while
Gaerlan v. Catubig in force, unless such result is directed by express
 Issue: whether Sec. 12 of RA 170 as language or by necessary implication, except as it
amended, the City Charter of Dagupan City, may affect rights which become vested when the
which fixed the minimum age qualification repealed act was in force.
for members of the city council at 23 years
has been repealed by Sec.6 of RA 2259 Ramos v. Municipality of Daet
 Held: there was an implied repeal of Sec. 12  BP 337 known as the LGC was repealed by
of the charter of Dagupan City because the RA 7160 known as LGC of 1991, which took
legislative intent to repeal the charter effect on January 1, 1992.
provision is clear from the fact that Dagupan  Sec. 5 (d) of the new code provides that rights
City, unlike some cities, is not one of those and obligations existing on the date of the
cities expressly excluded by the law from its effectivity of the new code and arising out of
operation and from the circumstance that it contracts or any other source of prestation
provides that all acts or parts thereof which involving a local government unit shall be
are inconsistent therewith are repealed. governed by the original terms and conditions
 The last statute is so broad in its terms and so of said contracts or the law in force at the
clear and explicit in its words so as to show time such rights were vested.
that it was intended to cover the whole
subject and therefore to displace the prior  On jurisdiction, generally
statute.  Neither the repeal nor the explanation of the law
deprives the court or administrative tribunal of the
Bagatsing v. Ramirez authority to act on the pending action and to
 A charter of a city, which is a special law, finally decide it.
may be impliedly modified or superseded by  General rule: where a court or tribunal has already
a later statute, and where a statute is acquired and is exercising jurisdiction over a
controlling, it must be read into the charter, controversy, its jurisdiction to proceed to final
notwithstanding any of its particular determination of the cause is not affected by the
provisions. new legislation repealing the statute which
 A subsequent general law similarly applicable originally conferred jurisidiction.
to all cities prevails over any conflicting  Rule: once the court acquires jurisdiction over a
charter provision, for the reason that a charter controversy, it shall continue to exercise such
must not be inconsistent with the general laws jurisdiction until the final determination of the
and public policy of the state. case and it is not affected by subsequent
 Statute remains supreme in all matters not legislation vesting jurisdiction over such
purely local. proceedings in another tribunal admits of
 A charter must yield to the constitution and exceptions.
general laws of the state.  Repeal or expiration of a statute under which a
court or tribunal originally acquired jurisdiction to
try and decide a case, does not make its decision

subsequently rendered thereon null and void for Buyco v. PNB

want of authority, unless otherwise provided.  Where a statute gives holders of backpay
 In the absence of a legislative intent to the certificates the right to use said certificates to
contrary, the expiration or repeal of a statute does pay their obligations to government financial
not render legal what, under the old law, is an institutions, the repeal of the law disallowing
illegal transaction, so as to deprive the court or such payment will not deprive holders thereof
tribunal the court or tribunal of the authority to act whose rights become vested under the old law
on a case involving such illegal transaction. of the right to use the certificates to pay their
 Where a law declares certain importations to be obligations to such financial institutions.
illegal, subject to forfeiture by the Commissioner
of Customs pursuant to what the latter initiated Un Pak Leung v. Nigorra
forfeiture proceedings, the expiration of the law  A statute gives an appellant the right to
during the pendency of the proceedings does not appeal from an adverse decision, the repeal of
divest the Commissioner of Customs of the such statute after an appellant has already
jurisdiction to continue to resolve the case, nor perfected his appeal will not destroy his right
does it have the effect of making the illegal to prosecute the appeal not deprive the
importation legal or of setting aside the decision appellate court of the authority to decide the
of the commissioner on the matter. appealed case.
 On jurisdiction to try criminal case Republic v. Migrino

 Once a jurisdiction to try a criminal case is  Issue: whether prosecution for unexplained
acquired, that jurisdiction remains with the court wealth under RA 1379 has already prescribed.
until the case is finally determined.  Held: ―in his pleadings, private respondent
 A subsequent statute amending or repealing a contends that he may no longer be prosecuted
prior act under which the court acquired because of the prescription.
jurisdiction over the case with the effect of  It must be pointed out that Sec. 2 RA 1379
removing the courts‘ jurisdiction may not operate should be deemed amended or repealed by
to oust jurisdiction that has already attached. Art. XI, Sec. 15 of the 1987 Constitution.
 On actions, pending or otherwise  On contracts

 Rule: repeal of a statute defeats all actions and  Where a contract is entered into by the parties on
proceedings, including those, which are still the basis of the law then obtaining, the repeal or
pending, which arose out of or are based on said amendment of said law will not affect the terms of
statute. the contract nor impair the right of the parties
 The court must conform its decision to the law thereunder.
then existing and may, therefore, reverse a
judgment which was correct when pronounced in  Effect of repeal of tax laws
the subordinate tribunal, if it appears that pending  Rule favoring a prospective construction of
appeal a statute which was necessary to support statutes is applicable to statutes which repeal tax
the judgment of the lower court has been laws.
withdrawn by an absolute repeal.  Such statute is not made retroactive, a tax assessed
before the repeal is collectible afterwards
 On vested rights according to the law in force when the assessment
 repeal of a statute does not destroy or impair or levy was made.
rights that accrued and became vested under the
statute before its repeal.  Effect of repeal and reenactment
 The statute should not be construed so as to affect  Simultaneous repeal and reenactment of a statute
the rights which have vested under the old law does not affect the rights and liabilities which
then in force, or as requiring the abatement of have accrued under the original statute, since the
actions instituted for the enforcement of such reenactment neutralizes the repeal and continues
rights. the law in force without interruption.
 Rights accrued and vested while a statute is in  The repeal of a penal law, under which a person is
force ordinarily survive its repeal. charged with violation thereof and its
 The constitution forbids the state from impairing, simultaneous reenactment penalizing the same act
by enactment or repeal of a law, vested rights or done by him under the old law, will not preclude
the obligations of contract, except in the legitimate the accused‘s prosecution, nor deprive the court of
exercise of police power. the jurisdiction to try and convict him.

People v. Almuete  The conversation of a municipality into a city by

 Where the reenactment of the repealed law is the passage of a charter or a statute to that effect
not simultaneous such that the continuity of has the effect of abolishing all municipal offices
the obligation and the sanction for its then existing under the old municipality offices
violation form the repealed law to the then the existing under the old municipality, save
reenacted law is broken, the repeal carries those excepted in the charter itself.
with it the deprivation of the court of its
authority to try, convict, and sentence the  Repeal or nullity of repealing law, effect of
person charged with violation of the old law  When a law which expressly repeals a prior law is
to its repeal. itself repealed, the law first repealed shall not
thereby revived unless expressly so provided
 Effect of repeal of penal laws  Where a repealing statute is declared
 Where the repeal is absolute, so that the crime no unconstitutional, it will have no effect of repealing
longer exists, prosecution of the person charged the former statute, the former or old statute
under the old law cannot be had and the action continues to remain in force.
should be dismissed.
 Where the repeal of a penal law is total and CHAPTER ELEVEN: Constitutional Construction
absolute and the act which was penalized by a
prior law ceases to be criminal under the new law, Constitution defined
the previous offense is obliterated.  fundamental law which sets up a form of
 That a total repeal deprives the courts of government and defines and delimits the powers
jurisdiction to try, convict, and sentence, persons, thereof and those of its officers, reserving to the
charged with violations of the old law prior to the people themselves plenary sovereignty
repeal.  written charter enacted and adopted by the people
 Repeal of a statute which provides an by which a government for them is established
indispensable element in the commission of a  permanent in nature thus it does not only apply to
crime as defined in the RPC likewise operates to existing conditions but also to future needs
deprive the court of the authority to decide the  basically it is the fundamental laws for the
case, rule rests on the same principle as that governance and administration of a nation
concerning the effect of a repeal of a penal law  absolute and unalterable except by amendments
without qualification.  all other laws are expected to conform to it
 Reason: the repeal of a penal law without
disqualification is a legislative act of rendering Origin and history of the Philippine Constitutions
legal what is previously decreed as illegal, so that
 1935 Constitution
the person who committed it is as if he never
committed an offence People v. Linsangan – explained as to how this
 Exception:
Constitution came about:
 where the repealing act reenacts the statute
 Tydings-Mcduffie Law- allowed the Filipinos to
and penalizes the same act previously
adopt a constitutions but subject to the conditions
penalized under the repealed law, the act
prescribed in the Act.
committed before reenactment continues to be
o Required 3 steps:
a crime, and pending cases are not thereby
 drafting and approval of the
affected.
constitution must be authorized
 Where the repealing act contains a saving
 it must be certified by the
clause providing that pending actions shall
President of the US
not be affected, the latter will continue to be
 it must be ratified by the people
prosecuted in accordance with the old law.
of the Philippines at a plebiscite
 Distinction as to effect of repeal and expiration of law
o adopted in response to popular clamor to
 In absolute repeal, the crime is obliterated and the
meat the problems of the country
stigma of conviction of an accused for violation of
o March 16, 1967: Congress passed
the penal law before its repeal is erased.
Resolution No.2, which was amended by
Resolution No. 4, calling a convention to
 Effect of repeal of municipal charter propose amendments to the Constitution
 The repeal of a charter destroys all offices under
it, and puts an end to the functions of the
o after EDSA Revolution
incumbents.
o also known as the 1987 Charter

Primary purpose of constitutional construction that a region consists of more than one unit. In its
 primary task of constitutional construction is to ordinary sense region means two or more
ascertain the intent or purpose of the framers of provinces, thus Ifugao cannot be constituted the
the constitution as expressed in its language Cordillera Autonomous Region
 purpose of our Constitution: to protect and
enhance the people‘s interests Marcos v. Chief of Staff
 Issues:
Constitution construed as enduring for ages o the meaning or scope of the words any
 Constitution is not merely for a few years but it court in Section 17 Article 17 of the 1935
also needs to endure through a long lapse of ages Constitution
 WHY? Because it governs the life of the people o Who are included under the terms
not only at the time of its framing but far into the inferior court in section 2 Article 7
indefinite future  Held: Section 17 of Article 17 prohibits any
 it must be adaptable to various crisis of human members of the Congress from appearing as
affairs but it must also be solid permanent and counsel in any criminal case x x x. This is not
substantial limited to civil but also to a military court or court
 Its stability protects the rights, liberty, and martial since the latter is also a court of law and
property of the people (rich or poor) justice as is any civil tribunal.
 It must be construed as a dynamic process  Inferior courts are meant to be construed in its
intended to stand for a great length of time to be restricted sense and accordingly do not include
progressive and not static court martials or military courts for they are
 What it is NOT: agencies of executive character and do not belong
o It should NOT change with emergencies to the judicial branch unlike the term inferior court
or conditions is.
o It should NOT be inflexible
o It should NOT be interpreted narrowly  Another RULE: words used in one part are to
 Words employed should not be construed to yield receive the same interpretation when used in other
fixed and rigid answers because its meaning is parts unless the contrary is applied/specified.
applied to meet new or changed conditions as they
arise Lozada v COMELEC
 Courts should construe the constitution so that it  the term ―Batasang Pambansa,‖ which means the
would be consistent with reason, justice and the regular national assembly, found in many sections
public interest of the 1973 Constitution refers to the regular, not
to the interim Batasang Pambansa
How language of constitution construed
 primary source in order to ascertain the  words which have acquired a technical meaning
constitution is the LANGUAGE itself before they are used in the constitution must be
 The words that are used are broad because it aims taken in that sense when such words as thus used
to cover all contingencies are construed
 Words must be understood in their common or
ordinary meaning except when technical terms are Aids to construction, generally
employee  apart from its language courts may refer to the
o WHY? Because the fundamental law if following in construing the constitution:
essentially a document of the people o history
 Do not construe the constitution in such a way that o proceedings of the convention
o prior laws and judicial decisions
its meaning would change
o contemporaneous constructions
 What if the words used have both general and
o consequences of alternative interpret-
restricted meaning?
tations
 Rule: general prevails over the restricted unless
 these aids are called extraneous aids because
the contrary is indicated.
though their effect is not in precise rules their
influence describes the essentials of the process
Ordillo v. COMELEC
(remember preamble?  ganito lang din yun)
 Issue: whether the sole province of Ifugao can be
validly constituted in the Cordillera Autonomous
Region under Section 15, Article 10
 Held: No. the keywords provinces, cities,
municipalities and geographical areas connotes

Realities existing at time of adoption; object to be assistants with respect to holding multiple
accomplished government offices or employment in the
 History basically helps in making one understand Government during their tenure, the exception to
as to how and why certain laws were incorporated this prohibition must be read with equal severity
into the constitution.  on its face, the language of Sec 13 Art. 7 is
 In construing constitutional law, the history must prohibitory so that it must be understood as
be taken into consideration because there are intended to be a positive and unequivocal negation
certain considerations rooted in the historical of the privilege of holding multiple government
background of the environment at the time of its offices or employment
adoption (Legaspi v. Minister of Finance)
Proceedings of the convention
Aquino v. COMELEC  RULE: If the language of the constitutional
 Issue: what does the term ―incumbent president in provision is plain it is not necessary to resort to
sec. 3 of Article 17 of the 1973 Constitution refer extrinsic aids
to?  EXCEPTION: when the intent of the framer
 Held: History shows that at that time the term of doesn‘t appear in the text or it has more than one
President Marcos was to terminate on December construction.
30, 1973, the new constitution was approved on  Intent of a constitutional convention member
November 30, 1972 still during his incumbency doesn‘t necessarily mean it is also the people‘s
and as being the only incumbent president at the intent
time of the approval it just means that the term  The proceedings of the convention are usually
incumbent president refers to Mr. Marcos inquired into because it sheds light into what the
 Justice Antonio concurring opinion states: the framers of the constitution had in mind at that
only rational way to ascertain the meaning and time. (refers to the debates, interpretations and
intent is to read its language in connection with opinions concerning particular provisions)
the known conditions of affairs out of which the
occasion for its adoption had arisen and then Luz Farms v. Secretary of DAR
construe it.  Whether the term ―agriculture‖ as used in the
Constitution embraces raising livestock, poultry
In re Bermudez and swine
 incumbent president referred to in section 5 of  Transcript of the deliberations of the
Article 18 of the 1987 constitution refers to Constitutional Commission of 1986 on the
incumbent President Aquino and VP Doy Laurel meaning of ―agriculture‖ clearly shows that it was
never the intention of the framers of the
Civil Liberties Union v. Executive Secretary Constitution to include livestock and poultry
 issue: whether EO 284, which authorizes a cabinet industry in the coverage of the constitutionally-
member, undersecretary and assistant secretary to mandated agrarian reform program of the
hold not more than two positions in the Government
government and GOCCs and to receive  Agricultural lands do not include commercial
corresponding compensation therefore, violates industrial, and residential lands
Sec. 13, Art. 7 of the 1987 Constitution  Held: it is evident in the foregoing discussion that
 court examined the history of the times, the Sec 2 of RA 6657 which includes ―private
conditions under which the constitutional agricultural lands devoted to commercial
provisions was framed and its object livestock, poultry and swine raising‖ in the
 held: before the adoption of the constitutional definition of ―commercial farms‖ is INVALID, to
provision, ―there was a proliferation of newly- the extent of the aforecited agro-industrial
created agencies, instrumentalities and GOCCs activities are made to be covered by the agrarian
created by PDs and other modes of presidential reform program of the State
issuances where Cabinet members, their deputies
or assistants were designated to head or sit as Montejo v. COMELEC
members of the board with the corresponding  Whether the COMELEC has the power to transfer,
salaries, emoluments, per diems, allowances and by resolution, one or more municipalities from
other prerequisites of office one congressional district to another district within
 since the evident purpose of the framers of the a province, pursuant to Sec 2 of the Ordinance
1987 Constitution is to impose a stricter appended to the 1987 Constitution
prohibition on the President, Vice President,  The Court relied on the proceedings of the
members of the Cabinet, their deputies and Constitutional Commission on ―minor

adjustments‖ which refers only to the instance Consequences of alternative constructions

where a municipality which has been forgotten  consequences that may follow from alternative
(ano ba ‗to…kinalimutan ang municipality) is construction of doubtful constitutional provisions
included in the enumeration of the composition of constitute an important factor to consider in
the congressional district and not to the transfer of construing them.
one municipality from one district to another,  if a provision has more than one interpretation,
which has been considered a substantive or major that construction which would lead to absurd,
adjustment impossible or mischievous consequences must be
rejected.
Contemporaneous construction and writings  e.g. directory and mandatory interpretation: Art. 8
 may be used to resolve but not to create Sec 15(1) requires judges to render decision
ambiguities within specific periods from date of submission
 In construing statutes, contemporaneous for decision of cases (construed as directory
construction are entitled to great weight however because if otherwise it will cause greater injury to
when it comes to the constitution it has no weight the public)
and will not be allowed to change in any way its
meaning. Constitution construed as a whole
 Writings of delegates – has persuasive force but it  provision should not be construed separately from
depends on two things: the rest it should be interpreted as a whole and be
o if opinions are based on fact known to harmonized with conflicting provisions so as to
them and not established it is immaterial give them all force and effect.
o on legal hermeneutics, their conclusions  sections in the constitution with a particular
may not be a shade better in the eyes of subject should be interpreted together to effectuate
the law. the whole purpose of the Constitution.
Previous laws and judicial rulings Tolentino v. Secretary of Finance

 framers of the constitution is presumed to be  VAT Law, passage of bill
aware of prevailing judicial doctrines concerning  involved are article 6 Sec. 24 and RA 7716 (VAT
the subject of constitutional provisions. THUS Law)
when courts adopt principles different from prior  contention of the petitioner: RA 7716 did not
decisions it is presumed that they did so to originate exclusively from the HOR as required by
overrule said principle the Constitution because it is the result of the
consolidation of two distinct bills.
Changes in phraseology  Court: rejected such interpretation. (guys alam
 Before a constitution is ratified it undergoes a lot niyo na naman to, that it should originate from
of revisions and changes in phraseology (ex. HOR but it could still be modified by the Senate)
deletion of words) and these changes may be 
inquired into to ascertain the intent or purpose of
the provision as approved Mandatory or directory
 HOWEVER mere deletion, as negative guides,  RULE: constitutional provisions are to be
cannot prevail over the positive provisions nor is it construed as mandatory unless a different
determinative of any conclusion. intention is manifested.
 Certain provisions in our constitution (from 1935  Why? Because in a constitution, the sovereign
to the present) are mere reenactments of prior itself speaks and is laying down rules which for
constitutions thus these changes may indicate an the time being at least are to control alike the
intent to modify or change the meaning of the old government and the governed.
provisions.  failure of the legislature to enact the necessary
required by the constitution does not make the
Galman v. Pamaran legislature is illegal.
 the phrase‖ no person shall be x x x compelled in
a criminal case be a witness against himself‖ is Prospective or retroactive
changed in such a way the words criminal cases  RULE: constitution operates prospectively only
had been deleted simply means that it is not unless the words employed are clear that it applies
limited to criminal cases only. retroactively

Magtoto v. Manguera
 Sec 20 of Article IV of the 1973 Constitution: ―no
person shall be compelled to be a witness against
himself. x x x Any confession obtained in
violation of this section shall be inadmissible in
evidence‖
 Court held that this specific portion of the
mandate should be given a prospective application
Co v. Electric Tribunal
 Sec. 1(3) Art. 4 of the 1987 Constitution states
that those born before January 17, 1973 of
Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority‖ are citizens of
the Philippines has a retroactive effect as shown to
the clear intent of the framers through the
language used
Applicability of rules of statutory construction

 Doctrines used in Sarmiento v. Mison is a good
example in which the SC applied a number of
rules of statutory construction.
 Issue: whether or not the appointment of a
Commissioner of Customs is subject to
confirmation by the Commission on appointments
Generally, constitutional provisions are self-executing

 RULE: constitutional provisions are self executing
except when provisions themselves expressly
require legislations to implement them.
 SELF EXECUTING PROVISIONS- provisions
which are complete by themselves and becomes
operative without the aid of supplementary
legislation.
 Just because legislation may supplement and add
or prescribe a penalty does not render such
provision ineffective in the absence of such
legislation.
 In case of Doubt? Construe such provision as self
executing rather than non-self executing.
Manila Prince Hotel v. GSIS

 Issue: w/n the sale at public bidding of the
majority ownership of the Manila Hotel a
qualified entity can match the winning bid of a
foreigner
 Held: resolution depends on whether the issue is
self executing or not. The court ruled that the
qualified Filipino entity must be given preference
by granting it the option to match the winning bid
because the provision is self executing.
- The End -
―That in all things, GOD may be glorified‖

Statutory Construction - First Half

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Statutory Construction - First Half

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Notes on Agpalo (2003) Statutory Construction Atty.

CHAPTER ONE: Statutes ENACTMENT OF STATUTES

IN GENERAL Legislative power, generally

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o Bill will be subject to debates, motions o no transfer of appropriations xxx

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PARTS OF STATUTES same Constitutional restriction as that embodied in

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 Regulations be not in Municipal ordinance

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CHAPTER TWO: Construction and Interpretation Legislative intent, generally

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Land Bank v. CA Co. v. CA

Libanan v. HRET Roa v. Collector of Customs

Rulings of Supreme Court part of legal system Benzonan v. CA

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should be guided‖ applies to criminal actions, to Illustration of rule

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 Every section, provision, or clause of the statute Headnotes or epigraphs

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o from the ORDER for the issuance of o Constitutionality of a statute

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Explanatory note  This is applicable in the interpretation of codes,

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o Construction by the secretary of justice in Construction of rules and regulations

Nestle Philippines, Inc. v. CA When contemporaneous construction disregarded

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 Benjamin Natham Cardozo or qualifications but limited to not more

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 Benefits under RA 6982 shall be IN ADDITION Correcting clerical errors

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Peo v. Duque Peo v. Reyes

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judgment to award moral damages to a  Compelling reasons may justify reading an

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 Election Code – ―candidate‖ comprehends ―some Remedy implied from a right

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construed as to confer by implication upon said make temporary appointments ,

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Statutory definition  definition of terms given weight in construction

Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  29

Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  30

Application of rule general purview and scope coming into existence

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Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  31

Rura v. Lopena Word or phrase construed in relation to other provisions

Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  32

Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  33

Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  34

SSS v. City of Bacolod  Issue: Whether violation thereof refers to the

Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio – 1C ‗07  35

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