NOTES FROM JUDGE DIAZ -proviso will prevail

-REASON: latest expression of legislative

1. Statutes must be construed as a whole intent
-to give effect to every part of the statute -PROVISO: except something from clause

2. Statutes in Pari Materia 9. Substantive law cannot repeal procedural

- 2 or more statutes dealing with the same law
class - PNBv. ASUNCION
-the case of GORDON: power of the mayor or -REASON: Rule-making power of SC cannot
FDA modify or abrogate substantive rights
-court should not try to invalidate the other
REASON: they are the handy work of the 10. Conflict between ordinance and statute
same legislature -statute WILL PREVAIL
-courts should not out rightly declare invalid, -hierarchy of laws, ordinance subordinate
to give respect? -ordinance must not contradict a statute
anyway
3. Statutes as a whole
-previous and later article: LATER, Nunez v. 11. Administrative circular cannot supersede,
GSIS family bank abrogate, nullify or modify statute
-REASON: statute superior
4. Statutes of Equal Theoretical Application
-statutes with later date will prevail 12. Instrument susceptible of two
-CIVIL CODE v. LABOR CODE: Labor Code interpretations
WILL PREVAIL -valid and illegal vs. valid and legal
-GENERAL RULE ONLY -lease contract
Francisco lao Lim vs. CA
5. Special law prevails OVER general law;
regardless of dates of passage 13. Constitution vs. Statute
-REASON: Special is an exception to the -Constitution will prevail
general
-Mayor Lopez v. CSC, Laguna Lake 14. Rules in the interpretation of the
Development Authority constitution
-RULES TO REMEMBER: primordial >
6. Special Local Statute not repealed by intention of framers, statute available in the
general (later) LGC words itself
-unless intent to repeal
-province of Misamis Oriental v. CEPALCO 15. Provisions of Constitution
-self executing
7. Conflict between General provision of -CLU v. Exec Sec
special and particular provision of general -GORDON chairmanship in Red Cross (private
law entity)
- City of Manila v. ________________
-Bagatsing v. Federation of Manila Market 16. Prohibitory provisions should be given
their literal meaning
8. Irreconcilable repugnancy between
proviso and body
CHAMILOMI NOTES 1
17. Constitution construed as 1 single
document
-Vallarta vs. Valenzuela
-Case of chief justice CORONA
18. Special Provision- NFA
19. Liberal Construction: 1 title, 1 subject
20. Retroactive effect: natural born citizen
21. Suprema Lex: Constitution
22. Stare Decisis: promote stability
23. Resignation of the president: no
requirement or format
MULTIPLE CHOICE
MY NOTES:
CHAPTER VII: EXTRINSIC AIDS IN
CONSTRUCTION AND INTERPRETATION
EXTRINSIC AIDS
1. It is a well-accepted principle that where a
statute is ambiguous, courts may examine
both the printed pages of the published Act
as well as those extrinsic matters that may
aid in construing the meaning of the statute,
such as the history of its enactment, the
reasons for the passage of the bill and
purposes to be accomplished by the measure
2. Opinions and rulings of officials of the
government called upon to execute or
implement administrative laws command
much respect and weight
3. Contemporaneous construction placed
upon a statute by executive officers charged
with implementing and enforcing the
provisions of the statutes should be given
controlling weight, unless such interpretation
is clearly erroneous
4. Courts may avail themselves of actual
proceedings of the legislative body to assist
in determining the construction of a statute
of doubtful meaning
CHAMILOMI NOTES 2
5. In case of doubt as to what a provision of
a statute means, the meaning put to the
provision during the legislative deliberations
may be adopted
6. Individual statements by members of
Congress on the floor do not necessarily
reflect legislative intent
CHAPTER VIII: STRICT AND LIBERAL
CONSTRUCTION AND INTERPRETAION OF
STATUTES
GENERAL PRINCIPLES
PENAL STATUTES
1. Penal statutes should be construed strictly
against the State and in favour of the
accused
2. Penal laws are construed liberally in favour
of the accused
TAX LAWS
3. In case doubt, tax statutes are to be
construed strictly against the government
and liberally in favour of the taxpayer, for
taxes, being burdens, are not to be
presumed beyond what the applicable
statute expressly and clearly declares
4. As a rule, any claim for exemption from a
tax statute is strictly construed against the
taxpayer. However, where the law is clear
and ambiguous, the law must be taken as it
is, devoid of judicial addition or subtraction
5. Tax exemption must be strictly construed
against the taxpayer and liberally in favour
of the state
4. Tax exemption strictly construed against
the taxpayer

6. Statutes granting tax exemptions must be
construed in strictissimi juris against the
taxpayer and liberally in favour of the taxing
authority
In construing a statute, it is the duty of
courts to seek real intent of the legislature,
even if, by so doing, they may limit the literal
meaning of the broad language
Naturalization laws should be rigidly
enforced and strictly construed in favour of
the government and against the applicant
7. Contracts of insurance are to be construed
liberally in favour of the insured and strictly
against the insurer
LABOR AND SOCIAL LEGISLATION
8. Doubts in interpreting Workmen’s
Compensation Act and Labour Code should
be resolved in favour of the worker.
9. Basically, social legislation is liberally
construed
10. The sympathy of the law on social
security is towards it’s beneficiaries and the
law by its own terms, requires a construction
of utmost liberality in their favour
RETIREMENT LAWS
ELECTION RULES
11. Liberal Construction of the Rules of
Court
CHAPTER IX: PROSPECTIVE AND
RETROSPECTIVE STATUTES
GENERAL PRINCIPLES
PENAL STATUTES
CHAMILOMI NOTES 3
PROCEDURAL LAWS ARE RETROSPECTIVE
CURATIVE STATUTES
1. The question of whether a statute
operates retrospectively or only
prospectively depends on the legislative
intent
2. As a rule, laws cannot be given retroactive
effect the absence of a statutory provision
for retroactivity or a clear implication of the
law to that effect
3. All statutes are to be construed as having
only a prospective operation unless the
purpose and the intention of the legislature
to give them a retrospective effect is
expressly declared or is necessarily implied
from the language used
4. Laws should only be applied prospectively
unless the legislative intent to give them
retroactive effect is expressly declared or is
necessarily implied from the language used
5. Penal laws shall have a retroactive effect
insofar as they favour the person guilty of a
felony who is not a habitual criminal
6. Insofar as RA No. 8294 is not beneficial to
the accused because it unduly aggravates
the crime, such new law will not be given
retroactive application, lest it acquire the
character of an ex post facto law
7. Procedural laws are retrospective
8. Procedural laws have retroactive
application
9. Statutes regulating the procedure of the
courts will be construed as applicable to
actions pending and undetermined at the
time of their passage
10. Section 1, Rule 39 of the 1997 Revised
Rules of procedure should not be given
retroactive effect in this case as it would
result in great injustice to the petitioner
11. Procedural provisions of the Local
Government Code are retrospective
12. Curative statutes are validly accepted in
this jurisdiction subject to the usual
qualification against impairment of vested
rights
13. Curative statutes have retrospective
effect
14. The benefit provisions of RA No. 7659
(“Heinous Crimes Law”) shall be given
retrospective effect
CHAPTER X: CONFLICTING STATUTES
EFFECT SHOULD BE GIVEN TO THE ENTIRE
STATUTE
STATUTES IN PARI MATERIA
GENERAL AND SPECIAL STATUTES
STATUTE AND ORDINANCE
1. In case of conflict between the previous
article and later article, the latter will prevail
2. Whenever two statutes of different dates
and of contrary tenor are of equal theoretical
application to a particular case, the statute
of later date must prevail being a later
expression of the legislative will
3. A special law prevails over a general law
regardless of their dates of passage , and the
special law is to be considered as remaining
an exception to the general law
4. A special law must be intended to
constitute an exception to the general law in
CHAMILOMI NOTES 4
the absence of special circumstances forcing
a contrary conclusion
5. When courts are confronted with
apparently conflicting statutes, they should
not declare out right the invalidity of one
against the other, but should endeavour to
reconcile them
6. The rule is that a special and local statute
applicable to a particular case is not
repealed by a later statute which is general
in its terms, provisions and application even
if the terms of a general act are broad
enough to include the cases in the special
law unless there is a manifest intent to
repeal or alter the special law
7. It is a well-settled rule that a substantive
law cannot be repealed by a procedural law
8. A general law cannot repeal a special law
9. In case of conflict between the general
provision of a special law and a particular
provision of a general law, the latter should
prevail
10. When there is an irreconcilable
repugnancy between a proviso and the body
of a statute, the former prevails as latest
expression of legislative intent
11. Whenever there is a conflict between an
ordinace and a statute the ordinance must
give way
12. Where a special statute refers to a
subject in general, which the general statute
treats in particular, the provision of the latter
in case of conflict will prevail
13. Ordinance should not contravene with a
statute, in case of a conflict between an
ordinance and a statute the latter will prevail
14. It is a basic rule in statutory construction IT CAN BE ORAL. IT CAN BE WRITTEN. IT CAN
that the enactment of a later legislation BE EXPRESS. IT CAN BE IMPLIED.
which is a general law cannot be construed
to have repealed a special law 7. SPECIAL PROVISION PREVAILS OVER A
GENERAL ONE
15. It is elementary in statutory construction
than an administrative circular cannot 8. SUPREMA LEX
abrogate, modify or nullify a statute. A
statute is superior to an administrative 9. STARE DECISIS
circular thus the latter cannot amend or
repeal it

16. When an instrument is susceptible of two

or more interpretations, one that will make it
invalid and illegal and another that will make
it valid and legal, the latter interpretation
should be adopted

17. In case of conflict between an

administrative order and the provisions of
the constitution, the latter prevails

RESTATEMENT OF THE RULE

CHAPTER XI: CONSTRUCTION AND

INTERPRETATION OF THE CONSITUTION

1. ALL PROVISIONS OF THE CONSTITUTION

ARE SELF-EXECUTING; EXCEPTIONS

2. PROHIBITORY PROVISIONS GIVEN LITERAL

AND STRICT INTERPRETATION

3. THE CONSTITUTIONAL PROVISION ON

NATURAL-BORN CITIZENS OF THE
PHILIPPINES GIVEN RETROACTIVE EFFECT

4. THE CONSTITUTION MUST BE CONTRUED

IN ITS ENTIRETY AS ONE, SINGLE DOCUMENT

5. LIBERAL CONSTRUCTION OF ONE TITLE

ONE SUBJECT RULE

6. RESIGNATION OF THE PRESIDENT UNDERT

THE 1987 CONSTITUTION IS NOT GOVERNED
BY ANY FORMAL REQUIREMENT AS TO FORM.
CHAMILOMI NOTES 5