Statutory Construction Prelims Reviewer

Statutory construction is the act or process of discovering and

expounding the meaning and intention of the authors of the law
with respect to its application to a given case, where that
intention is rendered doubtful, among others, by reason of the
fact that the given case is not explicitly provided in the law.

Statutes are enacted by the legislature. They are actually the

bills submitted to Congress for consideration and approval.
Once approved finally by Congress and by the President of the
Philippines these bills become statutes. (The rules on the
approval of bills are found in Article VI, Section 27 of the
1987 Constitution) Other laws, which have the same binding A statute is rendered doubtful when there is ambiguity in its
force as statutes are the presidential decrees, issued during the language or of the fact that the given case is not explicitly
period of martial law and under the 1973 Constitution. provided in the law.

Is statute a law?
Ambiguity is doubtfulness, obscurity, doubleness of meaning,
indistinctness or uncertainty of meaning of an expression used
Yes. A statute is a written law passed by a legislature on the
in written language.
state or federal level (Black Law’s Dictionary 8th ed.)
There is ambiguity when:
PURPOSE OF INTERPRETATION AND
CONSTRUCTION 1. Term or expression of the law has more than one
meaning.
Interpretation and construction have the same purpose and that 2. Literal meaning of the words would just lead to
is to ascertain and give effect to the legislative intent. unreasonable or absurd results or consequences.
3. Statute is in conflict with the Constitution.
4. Statute would deflect the policy of the legislation in and
acting that law.

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Statutory Construction Prelims Reviewer

CASE: matter of any information regarding "any lottery, gift

enterprise, or scheme for the distribution of money, or of any
real or personal property by lot, chance, or drawing of any
CALTEX (PHILIPPINES), INC. vs. kind".
ENRICO PALOMAR, in his capacity as THE
POSTMASTER GENERAL, Caltex thereupon invoked judicial intervention by filing a
G.R. No. L-19650, September 29, 1966 petition for declaratory relief against the Postmaster General,
CASTRO, J., En Banc praying that judgment be rendered declaring its Caltex Hooded
Pump Contest not to be violative of the Postal Law, and
Construction, verily, is the art or process of discovering and ordering respondent to allow petitioner the use of the mails to
expounding the meaning and intention of the authors of the law bring the contest to the attention of the public. The trial court
with respect to its application to a given case, where that ruled that the contest does not violate the Postal Code and that
intention is rendered doubtful, amongst others, by reason of the the Postmaster General has no right to bar the public
fact that the given case is not explicitly provided for in the law distribution of the contest rules by the mails. The Postmaster
(Black, Interpretation of Laws, p. 1). General appealed to the Supreme Court.

FACTS: In 1960, Caltex (Philippines) conceived a ISSUE: Whether or not the scheme proposed by Caltex is
promotional scheme to drum up patronage for its oil products – within the coverage of the prohibitive provisions of the Postal
i.e. "Caltex Hooded Pump Contest." It calls for participants Law inescapably requires an inquiry into the intended meaning
therein to estimate the actual number of liters a hooded gas of the words used therein?
pump at each Caltex station will dispense during a specified
period. Participation is to be open indiscriminately to all HELD: No. "Caltex Hooded Pump Contest" proposed by
"motor vehicle owners and/or licensed drivers". No fee or Caltex is not a lottery that may be administratively and
consideration is required to be paid; no purchase of Caltex adversely dealt with under the Postal Law. The term in
products required to be made. question is used in association with the word "lottery".

Foreseeing the extensive use of the mails for the said contest, "Lottery" extends to all schemes for the distribution of prizes
Caltex made a letter to the postal authorities to justify its by chance, such as policy playing, gift exhibitions, prize
position that the contest does not violate the anti-lottery concerts, raffles at fairs, etc., and various forms of gambling.
provisions of the Postal Law. Unimpressed, the then Acting The three essential elements of a lottery are: First,
Postmaster General, Enrico Palomar, opined that the scheme consideration; second, prize; and third, chance (El Debate",
falls within the purview of the provisions of The Postal Law – Inc. vs. Topacio). In the present case, the elements of prize and
i.e. Chapter 52 of the Revised Administrative Code, sections chance are too obvious in the disputed Caltex’s
1954(a), 1982 and 1983, which prohibits the non-mailable scheme. However, with regards to the third element – i.e.
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Statutory Construction Prelims Reviewer

consideration, SC found nowhere in the said rules of any RATIO:

requirement that any fee be paid, any merchandise be bought,
any service be rendered, or any value whatsoever be given for Construction – Is the art or process of discovering and
the privilege to participate. The scheme does not only appear to expounding the meaning and intention of the authors of the law
be, but actually is, a gratuitous distribution of property by with respect to its application to a given case, where that
chance. Like a lottery, a “gift enterprise” comes also within intention is rendered doubtful, amongst others, by reason of the
the prohibitive statutes only if it exhibits the tripartite elements fact that the given case is not explicitly provided for in the law.
of prize, chance and consideration. The apparent conflict of
opinions is explained by the fact that the specific statutory The lesson that we derive from this state of the pertinent
provisions relied upon are not identical, the terms "lottery" and jurisprudence is that every case must be resolved upon the
"gift enterprise" are used interchangeably; every case must be particular phraseology of the applicable statutory
resolved upon the particular phraseology of the applicable provision. It is only logical that the term under a construction
statutory provision. should be accorded no other meaning than that which is
consistent with the nature of the word associated therewith.
With the meaning of lottery settled, and consonant to the well-
known principle of legal hermeneutics noscitur a sociis — it is In the end, the Supreme Court ruled out that under the
only logical that the term under a construction should be prohibitive provision of the Postal Law, gift enterprise and
accorded no other meaning than that which is consistent with similar schemes therein contemplated are condemnable only if,
the nature of the word associated therewith. Hence, if lottery is like lotteries, they involve the element of consideration.
prohibited only if it involves a consideration, so also must the Finding non in the contest, it was ruled out that the appellee
term "gift enterprise" be so construed. Significantly, there is may not be denied the use of the mails for the purpose thereof.
not in the law the slightest indicium of any intent to eliminate
that element of consideration from the "gift enterprise" therein
included. Gratuitous distribution of property by lot or chance Where legislative intent is ascertained
does not constitute "lottery", if it is not resorted to as a device
to evade the law and no consideration is derived, directly or Legislative intent has to be extracted from the statute as a
indirectly, from the party receiving the chance, gambling spirit whole and not from an isolated part or particular provision
not being cultivated or stimulated thereby. Under the thereof. Where the words and phrases of a statute are not
prohibitive provisions of the Postal Law, gift enterprises and obscure or ambiguous, its meaning and phrases and the
similar schemes therein contemplated are condemnable only if, intention of the legislature must be determined from the
like lotteries, they involve the element of consideration. language employed.

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Statutory Construction Prelims Reviewer

CASE: ISSUE:

Aisporna v Court of Appeals and the People of the Whether or not a person can be convicted of having violated
Philippines the first paragraph of Section 189 of the Insurance Act without
G.R. No. L-39419, April 12, 1982 reference to the second paragraph of the same section.

FACTS: RULING:

Petitioner Aisporna was charged for violation of Section 189 of The petition is meritorious. Petition appealed from is
the Insurance Act. reversed, and accused is acquitted of the crime charged.

Petitioner’s husband, Rodolfo S. Aisporna (Rodolfo) was duly A perusal of the provision in question shows that the first
licensed by the Insurance Commission as agent to Perla paragraph thereof prohibits a person from acting as agent, sub-
Compania de Seguros. Thru Rodolfo, a 12- month Personal agent or broker in the solicitation or procurement of
Accident Policy was issued by Perla with beneficiary to Ana applications for insurance without first procuring a certificate
M. Isidro for P50,000. The insured died by violence during of authority so to act from the Insurance Commissioner, while
lifetime of policy. its second paragraph defines who an insurance agent is within
the intent of this section and, finally, the third paragraph
Subsequently, petitioner was charged because the thereof prescribes the penalty to be imposed for its violation.
aforementioned policy was issued with her active participation,
which is not allowed because she did not possess a certificate The definition of an insurance agent as found in the second
of authority to act as agent from the office of the Insurance paragraph of Section 189 is intended to define the word
Commission. “agent” mentioned in the first and second paragraphs of the
aforesaid section. More significantly, in its second paragraph, it
Petitioner contended that being the wife of Rodolfo, she is explicitly provided that the definition of an insurance agent
naturally helped him in his work, and that the policy was is within the intent of Section 189.
merely a renewal and was issued because her husband was not
around when Isidro called by telephone. Instead, appellant left Applying the definition of an insurance agent in the second
a note on top of her husband’s desk. paragraph to the agent mentioned in the first and second
paragraphs would give harmony to the aforesaid three
The trial court found petitioner guilty as charged. On appeal, paragraphs of Section 189. Legislative intent must be
the trial court’s decisions were affirmed by respondent ascertained from a consideration of the statute as a whole.
appellate court, finding petitioner guilty of a violation of the The particular words, clauses and phrases should not be studied
first paragraph of Sec 189 of the insurance act. as detached and isolated expressions, but the whole and every

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Statutory Construction Prelims Reviewer

part of the statute must be considered in fixing the meaning of “Legis interpretatio legis vim obtinet”
any of its parts and in order to produce harmonious whole. A - A Latin maxim which means, “The construction of law
statute must be so construed as to harmonize and give effect to obtains the force of law.”
all its provisions whenever possible. More importantly the
doctrine of associated words (Noscitur a Sociis) provides CASE:
that where a particular word or phrase in a statement is
ambiguous in itself or is equally susceptible of various People vs. Jabinal
meanings, its true meaning may be made clear and specific by GR No. L-30061 (February 27, 1974)
considering the company in which it is found or with which it
is associated. FACTS:

Considering that the definition of an insurance agent as found Jabinal was found guilty of the crime of Illegal Possession of
in the second paragraph is also applicable to the agent Firearm and Ammunition. The accused admitted that on
mentioned in the first paragraph, to receive compensation by September 5, 1964, he was in possession of the revolver and
the agent is an essential element for a violation of the first the ammunition described in the complaint, without the
paragraph of the aforesaid section. requisite license or permit. He, however, claimed to be entitled
to exoneration because, although he had no license or permit,
In the case at bar, the information does not allege that the he had an appointment as Secret Agent from the Provincial
negotiation of an insurance contracts by the accused with Governor of Batangas and an appointment as Confidential
Eugenio Isidro was one for compensation. This allegation is Agent from the PC Provincial Commander, and the said
essential, and having been omitted, a conviction of the accused appointments expressly carried with them the authority to
could not be sustained. It is well-settled in our jurisprudence possess and carry the firearm in question.
that to warrant conviction, every element of the crime must be
alleged and proved. The accused contended before the court a quo that in view of
his above-mentioned appointments as Secret Agent and
The accused did not violate Section 189 of the Insurance Act. Confidential Agent, with authority to possess the firearm
subject matter of the prosecution, he was entitled to acquittal
DOCTRINE: on the basis of the Supreme Court’s decision in People vs.
Macarandang(1959) and People vs. Lucero(1958) and not on
Legislative intent must be ascertained from a consideration of the basis of the latest reversal and abandonment in People vs.
the whole statute; words and phrases and clauses should not be Mapa (1967).
studied in isolation or detached from the rest.

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Statutory Construction Prelims Reviewer

ISSUE:

Whether or not appellant should be acquitted on the basis of

the court’s rulings in Macarandang and Lucero, or should his
conviction stand in view of the complete reversal of the
Macarandang and Lucero doctrine in Mapa.

RULING:

The appellant was acquitted.

Appellant was appointed as Secret Agent and Confidential

Agent and authorized to possess a firearm pursuant to the
prevailing doctrine enunciated in Macarandang and Lucero
under which no criminal liability would attach to his
possession of said firearm in spite of the absence of a license
and permit therefore, appellant must be absolved.

Certainly, appellant may not be punished for an act which at

the time it was done was held not to be punishable.

Decisions of this Court, under Article 8 of the New Civil Code

states that “Judicial decisions applying or interpreting the laws
or the Constitution shall form a part of the legal system ….”
The settled rule supported by numerous authorities is a
restatement of legal maxim “legis interpretatio legis vim
obtinet” — the interpretation placed upon the written law by a RATIO:
competent court has the force of law.
Article 8 of the New Civil Code states that “Judicial decisions
applying or interpreting the laws or the Constitution shall form
a part of the legal system.

The doctrine of stare decisis enjoins adherence to judicial

precedents. It requires courts in a country to follow the rule

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Statutory Construction Prelims Reviewer

established in a decision of the Supreme Court thereof. That RATIO LEGIS EST ANIMA, which means that in case of
decision becomes a judicial precedent to be followed in ambiguity, the words of the Constitution should be interpreted
subsequent cases by all courts in the land. The doctrine of stare in accordance with the intent of its framers.
decisis is based on the principle that once a question of law has
been examined and decided, it should be deemed settled and UT MAGIS VALEAT QUAM PEREAT, which means that the
closed to further argument. Constitution should be interpreted as a whole, but if the plain
meaning of the word is not found to be clear, resort to other
Notes: The doctrine of Macarandang and Lucero will apply aids available. (Francisco v. HRET, G.R. No. 160261,
since the accused committed this act on September 5, 1964 November 10, 2003)
wherein this said doctrine is the current judicial precedent. The
accused cannot be punished for an act which at the time it was
done was held not to be punishable. CASES:

The doctrine of Mapa overruled the former doctrine in 1967,

therefore, it shall not apply to this case. Songco v NLRC
G.R. No. L-50999, March 23, 1990
Laws shall have no retroactive effect, unless the contrary is
provided. (Article 4, Civil Code of the Philippines) FACTS: Private Respondent F.E. Zuellig (M), Inc., filed with
the Department of Labor an application seeking clearance to
“Legis interpretatio legis vim obtinet”, should be applied terminate the services of petitioners Jose Songco, Romeo
prospectively Cipres, and Amancio Manuel (herein petitioners) allegedly on
the ground of retrenchment due to financial losses. They
THREE (3) CARDINAL RULES WHEN THE alleged further that they are being dismissed because of their
WORDINGS OF THE CONSTITUTION ARE SUBJECT membership in the union. At the last hearing of the case,
TO INTERPRETATION however, petitioners manifested that they are no longer
contesting their dismissal.

VERBA LEGIS, which means that whenever possible, the The parties then agreed that the sole issue to be resolved is the
basis of the separation pay due to petitioners. Petitioners, who
words used in the Constitution must be given their ordinary
were in the sales force of Zuellig received monthly salaries of
meaning except where technical terms are employed.
at least P40,000. In addition, they received commissions for
every sale they made.

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Statutory Construction Prelims Reviewer

In consideration on the provisions stated in the Collective and any attempt to make it clearer is vain labor and tends only
Bargaining Agreement entered into between Zuellig and F.E. to obscurity. However, it may be argued that if We correlate
Zuellig Employees Association, of which petitioners are Article 97(f) with Article XIV of the Collective Bargaining
members. The Article 284 of the Labor Code, Section 9(b) and Agreement, Article 284 of the Labor Code and Sections 9(b)
10, Rule 1, Book IV Implementing the Labor Code, the Labor and 10 of the Implementing Rules, there appears to be an
Arbiter rendered a decision ordering respondent to pay the ambiguity.
complainants separation pay equivalent to their one-month
salary (exclusive of commissions, allowances, etc.) for every The ambiguity between Article 97(f), which defines the term
year of service that they have worked with the company. 'wage' and Article XIV of the Collective Bargaining
Agreement, Article 284 of the Labor Code and Sections 9(b)
The appeal by petitioners to the NLRC was dismissed for lack and 10 of the Implementing Rules, which mention the terms
of merit. Hence, the present petition to the Supreme Court. "pay" and "salary", is more apparent than real. Broadly, the
word "salary" means a recompense or consideration made to a
Petitioners’ position was that in arriving at the correct and legal person for his pains or industry in another man's business.
amount of separation pay due them, whether under the Labor Whether it be derived from "salarium," or more fancifully from
Code or the CBA, their basic salary, earned sales commissions "sal," the pay of the Roman soldier, it carries with it the
and allowances should be added together. Zuellig argues that if fundamental idea of compensation for services rendered.
it were really the intention of the Labor Code as well as its Indeed, there is eminent authority for holding that the words
implementing rules to include commission in the computation "wages" and "salary" are in essence synonymous.
of separation pay, it could have explicitly said so in clear and
unequivocal terms. Furthermore, in the definition of the term "Salary," the etymology of which is the Latin word "salarium,"
“wage”, “commission” is used only as one of the features or is often used interchangeably with "wage", the etymology of
designations attached to the word renumeration or earnings. which is the Middle English word "wagen". Both words
generally refer to one and the same meaning, that is, a reward
ISSUE: Whether or not earned sales commission should be or recompense for services performed. Likewise, "pay" is the
included in the monthly salary of petitioner for the purpose of synonym of "wages" and "salary". Inasmuch as the words
computation of their separation pay. "wages", "pay" and "salary" have the same meaning, and
commission is included in the definition of "wage", the logical
RULING: Article 97(f) by itself is explicit that commission is conclusion, therefore, is, in the computation of the separation
included in the definition of the term “wage”. It has been pay of petitioners, their salary base should include also their
repeatedly declared by the courts that where the law speaks in earned sales commissions.
clear and categorical language, there is no room for
interpretation or construction; there is only room for Granting in gratia argumenti, that the commissions were in the
application. A plain and unambiguous statute speaks for itself, form of incentives or encouragement, so that the petitioners
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Statutory Construction Prelims Reviewer

would be inspired to put a little more industry on the jobs transactions attributable to petitioners, these should be included
particularly assigned to them, still these commissions are direct in their separation pay. In the computation thereof, what should
remuneration services rendered which contributed to the be taken into account is the average commissions earned
increase of income of Zuellig. Commission is the recompense, during their last year of employment.
compensation or reward of an agent, salesman, executor,
trustees, receiver, factor, broker or bailee, when the same is The final consideration is, in carrying out and interpreting the
calculated as a percentage on the amount of his transactions or Labor Code's provisions and its implementing regulations, the
on the profit to the principal. workingman's welfare should be the primordial and paramount
consideration. This kind of interpretation gives meaning and
The nature of the work of a salesman and the reason for such substance to the liberal and compassionate spirit of the law as
type of remuneration for services rendered demonstrate clearly provided for in Article 4 of the Labor Code which states that
that commission are part of petitioners' wage or salary. The "all doubts in the implementation and interpretation of the
court take judicial notice of the fact that some salesmen do not provisions of the Labor Code including its implementing rules
receive any basic salary but depend on commissions and and regulations shall be resolved in favor of labor".
allowances or commissions alone, are part of petitioners' wage
or salary. The court take judicial notice of the fact that some Petition is hereby GRANTED
salesman does not receive any basic salary but depend on
commissions and allowances or commissions alone, although NOTE: Labor Law should be construed liberally, it should
an employer-employee relationship exists. Bearing in mind the lean towards the labors or workers.
preceding discussions, if we adopt the opposite view that
commissions, do not form part of wage or salary, then, in
effect, we will be saying that this kind of salesmen do not
Milagros Amores vs. HRET and Emmanuel Joel J.
receive any salary and therefore, not entitled to separation pay
Villanueva
in the event of discharge from employment.
G.R. No. 189600 June 29, 2010
This narrow interpretation is not in accord with the liberal spirit
FACTS:
of our labor laws and considering the purpose of separation pay
which is, to alleviate the difficulties which confront a This is a petition for certiorari challenging the assumption of
dismissed employee thrown the the streets to face the harsh office of Emmanuel Joel J. Villanueva (private respondent) as
necessities of life. representative of the party-list organization Citizen’s Battle
Against Corruption (CIBAC) in the House of Representatives.
Applying this by analogy the ruling in the case of Soriano v
NLRC, et al., G.R. No. 75510,155 SCRA 124, since the
commissions in the present case were earned by actual market
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Statutory Construction Prelims Reviewer

The petitioner alleges that, among other things, private RA No. 7941 did not apply as there was no resultant change in
respondent assumed office without a formal proclamation party-list affiliation.
issued by the Commission on Elections (COMELEC); he was
disqualified to be a nominee of the youth sector of CIBAC Petitioner contends that, among other things, public respondent
since, at the time of the filing of his certificate of nomination created distinctions in the application of Sections 9 and 15 of
and acceptance, he was already 31 years old or beyond the age RA No. 7941 that are not found in the subject provisions,
limit of 30 pursuant to Section 9 of RA No. 7941, otherwise fostering interpretations at war with equal protection of the
known as the Party-List System Act.; and his change of laws; and NBC Resolution No. 07-60, which was a partial
affiliation from CIBAC’s youth sector to its overseas Filipino proclamation of winning party-list organizations, was not
workers and their families sector was not effected at least six enough basis for private respondent to assume office on July
months prior to the May 2007 elections so as to be qualified to 10, 2007, especially considering that he admitted receiving his
represent the new sector under Section 15 of RA No. 7941. own Certificate of Proclamation only on December 13, 2007.

HRET (public respondent) dismissed petitioner’s petition, Private respondent avers in the main that petitioner has not
finding that CIBAC was among the party-list organizations substantiated her claims of grave abuse of discretion against
which the COMELEC had partially proclaimed as entitled to at public respondent; and that he became a member of the
least one seat in the House of Representatives through National overseas Filipinos and their families sector years before the
Board of Canvassers (NBC) Resolution No. 07-60 dated July 9, 2007 elections.
2007. It also found the petition which was filed on October 17,
2007 to be out of time, the reglementary period being 10 days ISSUE: Whether or not Section 9 and 15 of RA No. 7941
from private respondent’s proclamation. apply to private respondent.
Respecting the age qualification for youth sectoral nominees HELD:
under Section 9 of RA No. 7941, public respondent held that it
applied only to those nominated as such during the first three The Court finds no textual support for public respondent’s
congressional terms after the ratification of the Constitution or interpretation that Section 9 applied only to those nominated
until 1998, unless a sectoral party is thereafter registered during the first three congressional terms after the ratification
exclusively as representing the youth sector, which CIBAC, a of the Constitution or until 1998, unless a sectoral party is
multi-sectoral organization, is not. thereafter registered exclusively as representing the youth
sector.
In the matter of private respondent’s shift of affiliation from
CIBAC’s youth sector to its overseas Filipino workers and Respecting Section 15 of RA No. 7941, the Court fails to find
their families sector, public respondent held that Section 15 of even an iota of textual support for public respondent’s
ratiocination that the provision did not apply to private
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Statutory Construction Prelims Reviewer

respondent’s shift of affiliation from CIBAC’s youth sector to respondent itself having found that he shifted to CIBAC’s
its overseas Filipino workers and their families sector as there overseas Filipino workers and their families sector only on
was no resultant change in party-list affiliation. March 17, 2007.

What is clear is that the wording of Section 15 covers changes

in both political party and sectoral affiliation. And the latter Who interprets the law?
may occur within the same party since multi-sectoral party-list
organizations are qualified to participate in the Philippine Anyone can interpret the law.
party-list system. Hence, a nominee who changes his sectoral
affiliation within the same party will only be eligible for Who has the authority to interpret the law?
nomination under the new sectoral affiliation if the change has
been effected at least six months before the elections. Again, Judiciary. The duty and power to interpret or construe a statute
since the statute is clear and free from ambiguity, it must be or the Constitution belong to the judiciary. The judicial branch
given its literal meaning and applied without attempted interprets the meaning of laws, applies laws to individual cases,
interpretation. This is the plain meaning rule or verba legis, as and decides if laws violate the Constitution.
expressed in the maxim index animi sermo or speech is the
index of intention. The judicial power shall be vested in one Supreme Court and
in such lower courts as may be established by law. (Section 1,
A cardinal rule in statutory construction is that when the law is Article VIII, 1987 Constitution)
clear and free from any doubt or ambiguity, there is no room
for construction or interpretation. There is only room for The judiciary has the delicate task of ascertaining the
application. significance of a constitutional or statutory provision, an
executive order, a procedural or a municipal ordinance. To
It is, therefore, beyond cavil that Sections 9 and 15 of RA No. assure stability in legal relations and avoid confusion, it has to
7941 apply to private respondent. speak with one voice. Logically and rightly, it does so with
finality through the highest judicial organ, the Supreme Court.
The Court finds that private respondent was not qualified to be What it says is definite and authoritative, binding on those who
a nominee of either the youth sector or the overseas Filipino occupy the lower ranks in the judicial hierarchy (Conde v.
workers and their families sector in the May, 2007 elections. Intermediate Appellate Court, G.R. No. 70443, September 15,
1986, Second Division, Gutierez, Jr., J.).
The records disclose that private respondent was already more
than 30 years of age in May, 2007, it being stipulated that he
was born in August, 1975.Moreover, he did not change his
sectoral affiliation at least six months before May, 2007, public
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Statutory Construction Prelims Reviewer

WHEN IS IT NECESSARY TO INTERPRET AND shall be vested in one Supreme Court and in such lower courts
CONSTRUCT? as may be established by law).

It is necessary to interpret or construct when any of the This structure upholds the principle of separation of powers
following reasons exists: and the system of checks and balances.

1. When the language of the statute is ambiguous, What is the executive power of the President?
doubtful, or obscure, when taken in relation to a set of
facts; It is the power to enforce and administer the laws. (Section 1
2. When reasonable minds disagree as to the meaning of and 17, Article VII) The President shall ensure that laws are
the language used in the statute. faithfully executed (Section 17, Article VII).

WHEN IS IT NOT NECESSARY TO INTERPRET AND Is he still required to determine the validity of a law?
CONSTRUCT? No, this being a question that should be properly resolved by
the judicial department of government. Hence, the President
It is not necessary to interpret or construct when the law speaks has a duty to execute it regardless of his doubts on its validity.
in clear and categorical language. The duty of the court, in such Until and unless a law is declared unconstitutional, it is not
a case, is to APPLY THE LAW, NOT TO INTERPRET IT unlawful for the President to perform his duty of ensuring that
laws are faithfully executed.
What is the present structure of our government?
What if the law is unconstitutional?
The Philippines is a republic with a presidential form of There should be a ruling first by a Judiciary that the law is
government wherein power is equally divided among its three unconstitutional. There should be a declaration first that it is
branches: executive (The Executive branch executes and unconstitutional.
enforces laws, with the power vested in the President of the
Philippines), legislative (The Legislative branch is authorized TWO KINDS OF LEGISLATIVE POWER:
to make laws, alter, and repeal them through the power vested
in the Philippine Congress. The institution is divided into Original Legislative Power— This is a power belonging to
the (24) Senate and the (not more than 250) House of the sovereign people and this is supreme.
Representatives.), and judicial (The judicial branch interprets Derivative Legislative Power - This is delegated by the
the meaning of laws, applies laws to individual cases, and sovereign people to the legislative bodies and it is subordinate
decides if laws violate the Constitution. The judicial power to the original power of the people.

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Statutory Construction Prelims Reviewer

TRADITIONAL CONCEPT & NEW DEFINITION OF

JUDICIAL POWER. This expanded jurisdiction has been used by practitioners as a
tool to indiscriminately appeal cases to the Supreme Court.
The traditional concept of judicial power refers only to the
authority to settle justiciable controversies or disputes The courts’ expanded jurisdiction extends over all branches or
involving rights that are enforceable and demandable before instrumentalities of government whose actions have been
the court of justice or the redress of wrongs for the violation of attended by grave abuse of discretion. This formulation erodes
such rights (Philippine Legal Encyclopedia, by Jose Agaton R. the old “political question” doctrine (that insulates
Sibal, citing Lopez v. Roxas, 17SCRA 756). discretionary actions, particularly those involving policy
formulation) but does not completely obliterate it.
They can only settle disputes or controversies that are of legal
basis but not of wisdom. A good political question refers to "those questions which,
under the Constitution, are to be decided by the people in their
What is the new definition of judicial power? sovereign capacity, or in regard to which full discretionary
authority has been delegated to the Legislature or executive
The traditional concept of judicial power, as above-mentioned, branch of the Government. It is concerned with issues
including now the duty of the courts of justice "to determine dependent upon the wisdom, not legality, of a particular
whether or not there has been a grave abuse of discretion measure."
amounting to lack or excess of jurisdiction on any part of any
branch or instrumentality of the Government," constitutes the This development of the courts' judicial power arose from the
totality of the judicial power which is now vested by our use and abuse of the political question doctrine during the
Constitution "in one Supreme Court and in such lower courts martial law era under former President Ferdinand Marcos.
as may be established by law." This is what is known and
referred to as the EXPANDED JURISDICTION OF THE The role of the judiciary during the deposed regime was marred
SUPREME COURT. considerably by the circumstance that in a number of cases
against the government, which then had no legal defense at all,
the solicitor general set up the defense of political question and
Notes: got away with it. As a consequence, certain principles
concerning the writ of habeas corpus, that is, the authority of
(PS. These are only additional notes; not tackled during the courts to order the release of political detainees, and other
lecture. Just want to put it here so I can further understand matters related to the operation and effect of martial law failed
why there is an expanded jurisdiction.) because the government set up the defense of political
question.
Discretion - Exercise of wisdom
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Statutory Construction Prelims Reviewer

of the government has constituted an abuse of discretion. This

In Estrada v. Desierto,[142] the expanded concept of judicial means that the court cannot evade the duty to settle matters of
power under the 1987 Constitution and its effect on the this nature, by claiming that it constitutes a political question.
political question doctrine was explained as follows:[143]
The question of whether the said abuse of discretion is grave or
not is ultimately determined, not by the officials whose acts are
To a great degree, the 1987 Constitution has narrowed the in question, but by our courts, particularly by the Supreme
reach of the political question doctrine when it expanded the Court, and it is in this sense that the new provision grants unto
power of judicial review of this court not only to settle actual the Supreme Court "an expanded jurisdiction and authority" to
controversies involving rights which are legally demandable look into what it considers as a proper subject of its final
and enforceable but also to determine whether or not there has disposition. In so doing, the Supreme Court, as the final arbiter,
been a grave abuse of discretion amounting to lack or excess of enjoys a wide latitude of power and discretion using, as it may,
jurisdiction on the part of any branch or instrumentality of its honest evaluation of facts, laws, jurisprudence and any and
government. Therefore, the judiciary has focused on the "thou all materials, books and points of reference which may be
shalt nots" of the Constitution directed against the exercise of valuable to support its analysis and conclusion.
its jurisdiction. With the new provision, however, courts are
given a greater prerogative to determine what it can do to May the executive or Legislative branch claim that the
prevent grave abuse of discretion amounting to lack or excess court has no jurisdiction over an issue on the ground that
of jurisdiction on the part of any branch or instrumentality of the same involves the wisdom or the propriety of an act?
government. Clearly, the new provision did not just grant the
Court power of doing nothing. x x x (Emphases supplied) General Rule: The executive and legislative can take
cognizance of an act which involves political question, exercise
(End of Note) of discretion or if it involves political question. However, the
judicial cannot take entry.
What is the significance of the new definition of Judicial
Power? Courts do not pass upon questions of wisdom, justice, or
expediency of legislation, for it is not within their province to
It is significant because it gives the authority to the Judiciary, supervise legislation and keep it within the bounds of propriety
specifically the Supreme Court, to determine if there has been a and common sense. It is primarily and exclusively a legislative
grave abuse of discretion. They determine the limits of power concern.
of the agencies and offices in the government as well as the
public officers or employees. The judiciary is the final arbiter Exception: If there has been grave abuse of discretion;
whether or not any public officials or branch or instrumentality expanded jurisdiction of the judiciary.

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Statutory Construction Prelims Reviewer

How do the three branches check each other in the

The courts of justice determine the limits of power of the enforcement and interpretation of the law?
agencies and offices of the government as well as those of its
officers. In other words, the judiciary is the final arbiter on the Each branch of government can change acts of the other
question whether or not a branch of government or any of its branches as follows:
officials has acted without jurisdiction or in excess of
jurisdiction, or so capriciously as to constitute an abuse of • The President can veto laws passed by Congress.
discretion amounting to excess of jurisdiction or lack of • Congress confirms or rejects the President's
jurisdiction. This is not only a judicial power but a duty to pass appointments and can remove the President from office
judgment on matters of this nature. in exceptional circumstances.
• The Justices of the Supreme Court, who can overturn
Scrutinizing the contours of the system along constitutional unconstitutional laws, are appointed by the President
lines is a task that the political branches of government are and confirmed by the Senate.
incapable of rendering precisely because it is an exercise of
judicial power. Each department is given certain powers by which each may
restrain the others from exceeding their constitutional
The Constitution is a definition of the powers of government. authority. Hence, a system of checks and balances provides an
Who is to determine the nature, scope and extent of such equilibrium of governmental powers. The point of checks and
powers? The Constitution itself has provided for the balances was to make sure no one branch would be able to
instrumentality of the judiciary as the rational way. And when control too much power, and it created a separation of powers.
the judiciary mediates to allocate constitutional boundaries, it
does not assert any superiority over the other department; it FIRST: THE LAWS EMANATE FROM THE
does not in reality nullify or invalidate an act of the legislature, LEGISLATURE
but only asserts the solemn and sacred obligation assigned to it The legislature enacts laws but these laws have to be presented
by the Constitution to determine conflicting claims of authority to the executive department for its approval. The latter may
under the Constitution and to establish for the parties in an veto or disapprove the acts of the legislative if in its judgment
actual controversy the rights which that instrument secures and they are not in conformity with the Constitution or if they will
guarantees to them. This is in truth all that is involved in what cause hardship to the people. It is only called upon to interfere
is termed “judicial supremacy” which properly is the power of and to exercise its authority when an action is brought to it for
judicial review under the Constitution. decision, and only upon reaching this stage when the courts
should apply, among others, these basic rules, to wit:

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Statutory Construction Prelims Reviewer

1. When the law is clear, the court's duty is to apply it, not constructing the law in its favor. It is a plain exercise of
to interpret it. pardoning power, which is expressly granted by the
2. In applying the law, the court should discover the real Constitution to the President.
intent and the purpose of the legislature. If that intent
and purpose can be discovered within the law, it is the THIRD: THE LEGISLATIVE DEPARTMENT MAY
duty of the court to carry out that intention. If that intent AMEND OR REVOKE THE DECISIONS OF THE
and purpose cannot be found within the law, the court COURT
should resort to extrinsic aids. The legislature may amend or revoke decisions of the courts
3. When all other rules of statutory construction fail, it is when in its judgment the interpretation given to a law by the
presumed that the lawmaking body intended, right and courts is not in harmony with the general policy of the State. It
justice to prevail. may do this by enacting a new law or by amending the old law,
THEREBY ATTAINING AN INTERPRETATION THAT
Notes: WILL WIPE OUT THE DECISIONS OF THE JUDICIAL
DEPARTMENT.
When conflicting claims are brought to the court for
determination, it is authorized to determine the validity of the In this example, the legislature is not interpreting or
said legislative measures or executive acts. constructing the law but attains the interpretation it desires by
enacting a new law or by amending the old law.
Well-trenched in constitutional law is the precept that
constitutional questions will not be entertained by courts unless The principle of separation of powers and its concepts of
they are specifically raised, insisted upon, and adequately autonomy and independence stem from the notion that the
argued. powers of government must be divided to avoid concentration
of these powers in any one branch; the division, it is hoped,
There is a justiciable controversy, what will the court do in would avoid any single branch from lording its power over the
respect to the interpretation? other branches or the citizenry.
• look for ambiguity

SECOND: THE EXECUTIVE DEPARTMENT MAY Can the legislature overrule judicial construction?
MODIFY OR SET ASIDE THE JUDGMENT OF THE
COURT The legislature has no power to overrule the interpretation or
The executive department, through the pardoning power, may construction of a statute or the Constitution by the Supreme
also modify or set aside the judgment of the courts. The Court, for interpretation is a judicial function assigned to the
executive department is not in any way interpreting or latter by the fundamental law. While the legislature may

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Statutory Construction Prelims Reviewer

indicate its construction of a statute in the form of a resolution legislative department is assigned the power to make and enact
or declaratory act, it cannot preclude the courts from giving the laws. The executive department is charged with the execution
statute a different interpretation. or carrying out of the provisions of said laws. But the
interpretation and application of said laws belong exclusively
to the judicial department. And this authority to interpret and
Notes: (Statutory Construction, Agpalo) apply the laws extends to the Constitution. Before the court can
Perfecto v. Meer determine whether a law is constitutional or not, it will have to
interpret and ascertain the meaning not only of the said law, but
- Art. 8 Sec. 9 1935 Constitution – SC’s interpretation: also of the pertinent portion of the Constitution in order to
“shall receive such compensation as may be fixed by decide whether there is conflict between the two, because if
law, which shall not be diminished during their there is, then the law will have to give way and has to be
continuance in office” – exempt from income tax declared invalid and unconstitutional.”

- Legislative passed RA 590 Sec. 13 – “no salary If the Legislature may declare what a law means, or a specific
whenever received by any public officer of the portion of the Constitution means, especially after the courts
Republic shall be considered exempt from the income have in actual case ascertained its meaning by interpretation
tax, payment of which is hereby declared not to be a and applied it in a decision, this would surely cause confusion.
diminution of his compensation fixed by the Under such a system, a final court determination of a case
Constitution or by law” based on a judicial interpretation of the law or of the
Constitution may be undermined or even annulled by a
Source of confusion subsequent and different interpretation of the law or of the
- Violative of principle on separation of powers Constitution by the Legislative department. It clearly violates
- RA 590 Sec 13 – unconstitutional the fundamental principles of our constitution and law.
- Art 8 Sec. 9 1935 – repealed by Art. 15 Sec. 6 1973

Constitution – “no salary or any form of emolument of any When judicial interpretation may be set aside
public officer or employee, including constitutional officers,
shall be exempt from payment of income tax” • “Interpretations may be set aside.” The interpretation of
• Thus, judiciary is not exempt from payment of tax a statute or a constitutional provision by the courts is
anymore not so sacrosanct as to be beyond modification or
nullification.
In the case of Perfecto vs Meer, the Supreme Court provides • The Supreme Court itself may, in an appropriate case
that, “under our system of constitutional government, the change or overrule its previous construction.

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Statutory Construction Prelims Reviewer

• The rule that the Supreme Court has the final word in What does it mean by the court does not interpret the law
the interpretation or construction of a stature merely in a vacuum?
means that the legislature cannot, by law or resolution,
modify or annul the judicial construction without It means that in interpreting the law, it is based on the facts and
modifying or repealing the very statute which has been the law involved, it does not give legal opinion or hypothetical
the subject of construction. It can, and it has done so, by cases. It should be interpreted as a whole and also taking into
amending or repealing the statute, the consequence of account the totality of the circumstances before, during, and
which is that the previous judicial construction of the after the operative fact so that it can be rationally and fairly
statute is modified or set aside accordingly dispensed.

Who has the power to construe? Doctrine of Operative Fact - A fact that is directly relevant to
deciding some question of law. When a legal question is
The duty and power to interpret or construe a statute or the governed by fact-driven rules, operative facts may be thought
Constitution belong to the judiciary. The Supreme Court of as variables that are plugged in to those rules so that the
construes the applicable law in controversies which are ripe for right answer can be obtained.
judicial resolution. It refrains from doing so where the case has
become moot and academic and it will instead dismiss the case. It construes or applies the law as it decides concrete and
A case or question is moot and academic when its purpose has controverted case based on the facts and the law involved. It
become stale or where no practical relief can be granted or does not give legal opinion on hypothetical cases or in cases
which can have no practical effect. which have become, as a rule, moot and academic. It has been
held that laws are interpreted always in the context of the
“Moot and academic” describes a situation where a pending peculiar factual situation of each case. Each case has its own
case in court loses its “justiciability” because it no longer flesh and blood and cannot be decided simply on the basis of
presents a real problem as between the parties. isolated clinical classroom principles. The circumstance of
time, place, event, person, and particularly attendant
General rule (on mootness) – dismiss the case circumstance and actions before, during and after the operative
fact should all be taken in their totality so that justice can be
Exception: rationally and fairly dispensed.
1. If capable of repetition, yet evading review
2. Public interest requires its resolution
3. Rendering decision on the merits would be of practical
value

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Statutory Construction Prelims Reviewer

Who can modify or abandon a precedent or a doctrine?

Only the Supreme Court en banc can modify or abandon There are 15 Justices in the Supreme Court consisting of 1
principle of law, not any division of the Court. Article VIII, Chief Justice and 14 Associate Justice. There are 3 divisions of
Sec. 4(3) of the Constitution provides: Supreme Court where these five justices are distributed to each
division.
(3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members May the court issue guidelines in construing a statute or is
who actually took part in the deliberations on the issues in the that considered Judicial legislation?
case and voted thereon, and in no case, without the
concurrence of at least three of such Members. When the Yes. It has been held that the Supreme Court has the duty to
required number is not obtained, the case shall be decided en “formulate guiding and controlling constitutional principles,
banc: Provided, that no doctrine or principle of law laid down precepts, doctrines, or rules.” It has been said that such
by the court in a decision rendered en banc or in division may guidelines are not judicial legislation, but the Court merely
be modified or reversed except by the court sitting en banc. defines what the law is.

No division of the Court has the power to modify or reverse a Judicial legislation is defined as the move of a court to step in
doctrine or principle of law enunciated by either another to craft missing parts, to fill in the gaps in laws, or when it
division of the Court or the Court en banc, except the Court en oversteps its discretional boundaries and goes beyond the law
banc itself. to coin doctrines or principles which are not previously
established.
En banc - session is heard by every member of the court and
will participate on the decision thereof In construing a statute, the enforcement of which may tread on
sensitive areas of constitutional rights, the Court may issue
Legislative construction is called resolution or declaratory act. guidelines in applying the statute, not to enlarge or restrict it
but to clearly delineate what the law requires. This is not a
If what the Court has stated in a decision is not a principle of judicial legislation but an act to define what the law is.
law or doctrine, but is merely an obiter dictum, a division of
the Court may validly reject or disregard such obiter dictum. In the case of People vs Ferrer, the Supreme Court said that
“even as we uphold the validity of the Anti-Subversion Act, we
Obiter dictum, Latin phrase meaning “that which is said in cannot overemphasize the need for prudence and
passing,” an incidental statement. Specifically, in law, it refers circumspection in its enforcement, operating as it does in the
to a passage in a judicial opinion which is not necessary for the sensitive area of freedom of expression and belief.
decision of the case before the court.

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Statutory Construction Prelims Reviewer

Accordingly, we issue the following guidelines to be observed In Songco, et al. v. National Labor Relations Commission, the
in any prosecution under the Act.” Supreme Court said: "When the law speaks in clear and
categorical language, there is no room for interpretation or
Ex. RP v. CA/ Molina construction. There is only room for application. A plain and
• Guidelines for ascertaining psychological incapacity of unambiguous statute speaks for itself, and any attempt to make
an erring spouse in a void marriage under Art. 36 FC it clearer is vain labor and tends only to obscurity." (G.R. Nos.
50999-5100, March 23, 1990)
While the Court has the final say on what the law is as it
interprets it, the interpretation should be based not only on law CASE:
but also on the facts obtained in the specific case resolved by
the courts and not on the future facts or circumstances. Go Ka Toc Sons and Co., etc. v. Rice and Corn
Board
On the Basis of Sex Movie: G.R. No. L-23607, May 23, 1967
Ponente: BENGZON, J.P., J.:
“Judges are bound by precedent but they cannot ignore cultural
change. A court will not be effected by the weather of the day DESCRIPTION OF THE CASE:
but will be by the climate of the era.''
This case is about the selling of rice and corn by-products by
• It's because laws are ever changing and will ever be. In
non-Filipino owned and controlled corporations.
deciding cases, judges should adjust to society or
cultural change in relation to the legislative intent of the STATEMENT OF FACTS:
statute for justice to prevail. In construing, intention
must give justice; • Go Ka Toc Sons & Co. (Petitioner) is a duly registered
• If legislative intent is not clear then the presumption partnership not wholly owned by Filipinos. It engaged
intended is that justice should prevail. in the manufacturing, processing and Marketing of
vegetable oil extracted from different vegetable
products.
When do we apply the law? • On August 2, 1960, Republic Act 3018 was approved
which prohibited partnerships whose capital was not
When the law speaks in clear and categorical language, there is wholly owned by Filipinos from engaging, directly or
no reason for interpretation or construction, but only for indirectly, in the rice and/or corn industry. The law
application (Republic v. Court of Appeals, 299 SCRA 199). takes effect on January 1, 1951, however such
partnerships, upon registration with the municipal

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Statutory Construction Prelims Reviewer

treasurer, are allowed to exist until 2 years after January RULING:

1, 1961 for the purpose of liquidation.
• The Rice and Cord Board (RICOB) issued Resolution The Judgment is REVERSED
No. 10, defining the term "by product", and General
Circular No. 1, which defined the term Capital The lower court erred in the construction of the in which it
Investment which limits the maximum amount of proclaimed that the issue of by-products was germane to the
capital investments of alien persons engaged in the rice case at hand and on the interpretation legislative intent of the
and/or corn industry in pursuant to Republic Act 3018. makers of the law with the remark that Filipino's do not depend
• Petitioner has stopped in the sale of rice and/or corn for their survival by the eating the by-products of rice and corn,
since the lapse of the two-year period from the hence the error in the decision that the Petitioners were not
effectivity of the law and has limited its activities to the included in the scope of Republic Act No. 3018.
trade, processing and manufacture of corn and rice oil
from raw materials consisting of corn germ proper or According to Section 1 of the law:
embryo ("Sungo") and "Tahup", as well as rice husk it
"No person who is not a citizen of the
secures from those who produce rice and corn. Philippines, or association, partnership or
Petitioner also produces "Corn Meal" or "Corn Meal
Corporation, the capital or capital stock of
Germ" which it sells and trades.
which is now wholly owned by citizens of the
STATEMENT OF THE CASE: Philippines, shall directly indirectly engage in
the rice and/or corn industry except as provided
• Petitioners filed an action in the Court of First Instance in Section three of this act."
(CFI) to declare the said law and RICOB Resolution
No. 10 and Gen. Circulation No. 1 as inapplicable to it.
The lower court was in favor of the Petitioner and thus Since the Law is clear and unambiguous, there is no need for
issued the writ of preliminary injunction prayed for. construction or interpretation, but only implementation. Only
• RICOB, through the Solicitor General has taken the 100% Filipino owned artificial persons may engage in the rice
instant appeal to raise questions purely of law, hence and/or corn industry. In regards to the validity of Resolution
the petition to this court. No. 10 and General Circular No. 1 is rendered moot and
academic.
ISSUE:
DISPOSITIVE PORTION: WHEREFORE, the judgment
Whether or not the Petitioner, not a 100% Filipino owned appealed from is reversed and the writ of injunction issued
corporation, can engage in the trade, processing and therein is annulled and set aside. No costs. SO ORDERED.
manufacture of corn and rice oil from raw materials.
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Statutory Construction Prelims Reviewer

RATIO: in corporation, partnership, trade, acquisition of rice and corn

industry.
RESORT TO STATUTORY CONSTRUCTION NOT
PROPER WHEN THE LAW IS CLEAR. — Republic Act
No. 3018 is clear in enunciating the policy that only Filipinos
and associations, partnerships or corporations 100% Filipino THE PEOPLE OF THE PHILIPPINES, plaintiff-
can engage even in the trade and acquisition of the by-products appellee, vs. MARIO MAPA Y MAPULONG,
of rice and/or corn. Hence there was no need for the court defendant-appellant.
below to resort to statutory construction, its only duty being to
apply the law as it was. (People vs. Garcia, 85 Phil., 651
[G.R. No. L-22301. August 30, 1967.]
[Resolution on Motion to Reconsider]; Tecson vs. C.J.S., L-
DOCTRINE IN PEOPLE V. MACARANDANG
15798, December 29, 1961).
OVERRULED. — Reliance of the accused in the case at bar
Notes: Subject Provision that has been violated: RA 3018 Sec. on People v. Macarandang, 106 Phil. 713, where a secret agent
1. Go Ka Toc is required to register but argued that the law is was acquitted on appeal on the assumption that the
inapplicable to them, because they engage in by-products of appointment "of the accused as a secret agent to assist in the
corn. maintenance of peace and order campaigns and detection of
crimes, sufficiently put him within the category of a `peace
What did the Trial Court say? officer' equivalent even to a member of the municipal police
expressly covered by section 897," is misplaced. It is not
By-products should not be considered in RA 3018 because within the power of the Supreme Court to set aside the clear
Filipinos do not depend on byproducts of rice and corn. The SC and explicit mandate of a statutory provision.
said that the interpretation is improper because it is explicitly
provided iin the law that only 100% Filipinos can engage in the FACTS:
trade and acquisition of by-products of rice and corn.
MAPA Y MAPULONG was accused of a violation of Section
What did the Supreme Court say that the Court of First 878 in connection with Section 2692 of the Revised
Instance should have done? Administrative Code, as amended by Commonwealth Act No.
56 and as further amended by Republic Act No. 4, committed
They interpreted that the byproduct should not be included. as follows:
The lower trial court did a statutory construction, Supreme
Court said that the law should only be applied because it is • That on or about the 13th day of August, 1962, in the
clear that the law explicitly said that only Filipinos can engage City of Manila, Philippines, the said accused did then
and there wilfully and unlawfully have in his

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Statutory Construction Prelims Reviewer

possession and under his custody and control one possession of such officials and public servants for use in the
home-made revolver (Paltik), Cal. 22, without serial performance of their official duties.
number, with six (6) rounds of ammunition, without
first having secured the necessary license or permit ISSUE: Whether or not a secret agent duly appointed and
therefor from the Philippine Constabulary qualified as such of the provincial governor is exempt from the
• Accused was appointed "as secret agent of the Hon. requirement of having a license of firearm.
Feliciano Leviste," then Governor of Batangas, dated
June 2, 1962; Gov. Leviste also directed him to proceed HELD: NO. The judgment appealed from was affirmed. Secret
to Manila, Pasay and Quezon City on a confidential agents are not exempt. NO. The judgment appealed from was
mission affirmed. Secret agents are not exempt. It was expressed that
only the aforementioned officers in the provisions are not
The lower court rendered a decision convicting the accused of covered in the prohibition to carry firearms.
the crime of illegal possession of firearms. The only question
being one of law, the appeal was taken to [the Supreme] Court. The law is explicit that except as thereafter specially allowed,
"it shall be unlawful for any person to . . . possess any firearm,
The accused admits and his counsel Atty. Cabigao also affirms detached parts of firearms or ammunition therefor, or any
that the pistol found in his possession was without license or instrument or implement used or intended to be used in the
permit. manufacture of firearms, parts of firearms, or ammunition."
The next section provides that " firearms and ammunition
Sec. 878 as amended by Republic Act No. 4, Revised regularly and lawfully issued to officers, soldiers, sailors, or
Administrative Code marines of the Armed Forces of the Philippines, the Philippine
Constabulary, guards in the employment of the Bureau of
It shall be unlawful for any person to . . . possess any firearm,
Prisons, municipal police, provincial governors, lieutenant
detached parts of firearms or ammunition therefor, or any
governors, provincial treasurers, municipal treasurers,
instrument or implement used or intended to be used in the
municipal mayors, and guards of provincial prisoners and
manufacture of firearms, parts of firearms, or ammunition." The
jails," are not covered" when such firearms are in possession of
next section provides that "firearms and ammunition regularly
such officials and public servants for use in the performance of
and lawfully issued to officers, soldiers, sailors, or marines, the
their official duties."
Philippine Constabulary, guards in the employment of the
Bureau of Prisons, municipal police, provincial governors,
lieutenant governors, provincial treasurers, municipal Since the secret agent was not specifically mentioned in the
provision it implies that he is not included in the list of
treasurers, municipal mayors, and guards of provincial
authorized officers.
prisoners and jails," are not covered "when such firearms are in

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Statutory Construction Prelims Reviewer

RATIO: Only the SC can correct or abandon past precedents: The Court
acted En Banc.
“expressio unius est exclusio alterius” The expression of one
thing is the exclusion of another. People vs Jabinal and People vs Lucero - relied on People vs
Macarandang. The controlling doctrine during both of those
The law cannot be any clearer. No provision is made for a cases is Macarandang.
secret agent, as such he is not exempt, only those mentioned in
the provision. It was expressed that only the aforementioned
officers in the provisions are covered in the prohibition to carry LUZON SURETY CO., INC., petitioner, vs.
firearms. JOSEFA AGUIRRE DE GARCIA, VICENTE
GARCIA and the FOURTH DIVISION OF THE
Literal application of the law can be used. Our task is equally
clear. The first and fundamental duty of courts is to apply the COURT OF APPEALS, respondents.
law. "Construction and interpretation come only after it has [G.R. No. L-25659. October 31, 1969.]
been demonstrated that application is impossible or inadequate
without them." Doctrine: STATUTES; INTERPRETATION AND
CONSTRUCTION; DUTY OF COURT
DISPOSITIVE PORTION: WHERE REQUIREMENT IN STATUTE IS CLEAR. —
Where a requirement is made in
Wherefore, the judgment appealed from is affirmed. explicit and unambiguous terms, no discretion is left to the
judiciary. It must see to it
Notes: that its mandate is obeyed.

What did the Court say about the precedent of Facts:

Macarandang?
• Ladislao Chavez, as principal, and petitioner Luzon
The court says as much, the doctrine of Macarandang no longer Surety Co., Inc., executing a surety bond in favor of the
exists. They abandoned or overturned the doctrine of People vs Philippine National Bank, Victorias Branch, to guaranty
Macarandang. The court says it is not within their power to set a crop loan granted by the latter to Ladislao Chavez in
aside a clear statute explicitly providing the enumerations. The the sum of P9,000.00.
Supreme Court can only correct itself and set a new precedent. • Vicente Garcia, together with Ladislao Chavez and
Ramon Lacson, as guarantors, signed an indemnity
agreement binding themselves solidarily liable to
indemnify Luzon Surety Co. Inc. against any and all
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Statutory Construction Prelims Reviewer

damages, costs and and other expenses which the Held:

petitioner may sustain or incur in consequence of
having become guarantor upon said bond, to pay No. Art. 161. The conjugal partnership shall be liable for:
interest and attorney's fees related to the loan.
• On April 27, 1956, PNB filed a complaint against (1) All debts and obligations contracted by the husband
Ladislao Chavez and Luzon Surety Co. to recover the for the benefit of the conjugal partnership, and those
amount of PhP4,577.95, in interest, attorney’s fees and contracted by the wife, also for the same purpose, in the cases
other costs. where she may legally bind the partnership;
• On August 8, 1957, Luzon Surety Co. instituted a third
party complaint against Chavez, Lacson and Garcia. (2) Arrears or income due, during the marriage, from
• On September 17, 1958, a judgment was rendered obligations which constitute a charge upon property of either
ordering Chavez and Luzon Surety Co. to pay PNB in spouse or of the partnership;
solidarity. The same decision likewise ordered the third
(3) Minor repairs or for mere preservation made during
party defendants Chavez, Garcia and Lacson to pay
the marriage upon the separate property of either the husband
Luzon Surety Co. the amount to be paid to PNB. or the wife; major repairs shall not be charged to the
• On July 30, 1960, a writ of execution was issued
partnership;
against Garcia to satisfy the claim of the petitioner. A
writ of garnishment was soon issued levying and (4) Major or minor repairs upon the conjugal
garnishing the sugar quedans of the Garcia spouses partnership property;
from their sugar plantation.
• Spouses Garcia filed a suit for injunction and the trial (5) The maintenance of the family and the ed
court ruled in favor of them. ucation of the children of both husband and wife, and of
• In its decision of April 30, 1962, it declared that the legitimate children of one of the spouses;
garnishment in question was contrary to Article 161 of
the Civil Code and granted their petition, making the (6) Expenses to permit the spouses to complete a
writ of preliminary injunction permanent. Luzon professional, vocational or other course.
Surety, Inc. elevated the matter to the Court
In the most categorical language, a conjugal partnership
under Art. 161 is liable only for such "debts and obligations
contracted by the husband for the benefit of the
ISSUES: WON the Conjugal Property of Gains could be conjugal partnership." There must be the requisite sh
liable on an indemnity agreement executed by the husband to owing then of some advantage which clearly accrued to
accommodate a third party in favour of a surety agreement. the welfare of the spouses. While Garcia by thus signing the

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Statutory Construction Prelims Reviewer

agreement may be said to enhance his reputation, such benefit, welfare of the spouses. There was no evidence that it
even if hypothetically accepted, redounded to the benefit of the family.
is too remote and fanciful to come within the express
terms of the provision. Its language is clear; it does not admit What if Vincent is the borrower?
of doubt. No process of interpretation or construction need be
resorted to. It peremptorily calls for application. It will change, it benefits him if he is the principal borrower.
What if it is the wife who borrowed? It will still be the same,
DISPOSITIVE PORTION: conjugal partnership will be liable. The conjugal partnership
even if it were the wife obtain the loan even if she is not
WHEREFORE, the decision of the Court of Appeals of guarantor of the family, the conjugal partnership may extend as
December 17, 1965, now under review, is affirmed with costs the family benefited from it. The husband or any member of
against petitioner Luzon Surety Co., Inc. the family is denied to assume unnecessary risks to conjugal
partnerships. Only the husband should be held liable for such
Notes: guarantee, it should not be borne by the conjugal partnership of
the spouses, only the one who entered in that obligation should
What did the Court say, is it liable? No. be made liable.
Main Issue? WON a conjugal partnership in the absence of In all 3 cases did the Court use Statutory Construction?
benefit can be liable indemnity agreement executed by the Where the laws in the cases clear?
husband to accommodate a third party in favor of a surety
agreement. No. There was no need to use Statutory Construction. All the
laws were clear, the Courts will never use statutory
It should have redounded to the benefit of the family for the construction because when the law is clear the only obligation
conjugal partnership to be liable. Family said it did not benefit of the court is to apply the law.
the family. Luzon argued that by signing the indemnity the
reputation of the husband was enhanced by acting as guarantor. Aids and interpretation of Construction
By making goods as a guarantor it will enhance his credit
standing. USE INTRINSIC AIDS BEFORE RESORTING TO
EXTRINSIC AIDS
The Court says that if they hypothetically accept that argument
it would be far overstretched to be considered to that express In determining the intention of the legislature, the courts may
condition, it would be remote to express in the provision. There use any of the following:
must be a showing of clear advantage that will accrued to the
1. INTRINSIC AIDS - Elements found in the law itself

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Statutory Construction Prelims Reviewer

2. EXTRINSIC AIDS - Facts or matters not found in the law When resort to title not authorized

3. PRESUMPTIONS - Based on logic or established provision • The text of the statute is clear and free from
of law The established practice is to resort first to intrinsic aids doubt, it is improper to resort to its title to make
before resolving to extrinsic aids and before indulging in it obscure.
presumptions. • The title may be resorted to in order to remove,
but not to create doubt
WHAT ARE THE INTRINSIC AIDS?

Intrinsic aids are any of the following: Title, preamble, words, 2. PREAMBLE. - That part of the statute following the
phrases and sentences; context; punctuation; headings and title and preceding the enacting clause which states the reasons
marginal notes; legislative definition and interpretation or the objectives of the enactment. It cannot enlarge or confer
clauses. powers, or cure inherent defects in the statute.
1. TITLE. - That which expresses the subject matter of Usually express in whereas clauses; it states the objectives of
the law. It can help in the construction of statutes but it the law.
is not controlling and not entitled to much weight.
• Generally omitted in statutes passed by:
It is used as an aid, in case of doubt in its language to its o Phil. Commission
construction and to ascertaining legislative will. If the meaning o Phil. Legislature
of the statute is obscure, courts may resort to the title to clear o National Assembly
the obscurity. The title may indicate the legislative intent to o Congress of the Phil
extend or restrict the scope of law, and a statute couched in a o Batasang Pambansa
language of doubtful import will be constructed to conform to • These legislative bodies used the explanatory note to
the legislative intent as disclosed in its title. Resorted as an aid explain the reasons for the enactment of statutes.
where there is doubt as to the meaning of the law or as to the Extensively used if Presidential decrees issued by the
intention of the legislature in enacting it, and not otherwise. President in the exercise of his legislative power.
Serve as a guide to ascertaining legislative intent carries more • When the meaning of a statute is clear and
weight in this jurisdiction because of the constitutional unambiguous, the preamble can neither expand nor
requirement that “every bill shall embrace only one subject restrict its operation, much less prevail over its text.
who shall be expressed in the title thereof. The constitutional Nor can be used as basis for giving a statute a meaning.
injunction makes the title an indispensable part of a statute. • When the statute is ambiguous, the preamble can be
resorted to clarify the ambiguity.

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Statutory Construction Prelims Reviewer

• Preamble is the key of the statute, to open the minds of if the punctuation of the statute gives it a meaning that is
the lawmakers as to the purpose is achieved, the reasonable and in apparent accord with the legislative will, it
mischief to be remedied, and the object to be may be used as an additional argument for adopting the literal
accomplished, by the provisions of the legislature. meaning of the words thus punctuated.
• May decide the proper construction to be given to the • Semi- colon – used to indicate a separation in the
statute. relation of the thought, what follows must have a
• May restrict to what otherwise appears to be a broad relation to the same matter it precedes it.
scope of law. • Comma and semi- colon are used for the same purpose
• It may express the legislative intent to make the law to divide sentences, but the semi – colon makes the
apply retroactively in which case the law has to be division a little more pronounced. Both are not used to
given retroactive effect introduce a new idea. • Punctuation marks are aids of
low degree and can never control against the intelligible
3. WORDS, PHRASES AND SENTENCES, meaning of written words.
CONTEXT. - The intention of the legislature must primarily • An ambiguity of a statute which may be partially or
be determined from the language of the statute and such wholly solved by a punctuation mark may be
language consists of the words, phrases and sentences used considered in the construction of a statute.
therein. The meaning of the law should, however, be taken • The qualifying effect of a word or phrase may be
from the general consideration of the act as a whole and not confined to its last antecedent if the latter is separated
from any single part, portion or section or from isolated words by a comma from the other antecedents.
and phrases, clauses or sentences used. • An argument based on intrinsic aids in staten
• To ascertain legislative intent is the statute itself taken punctuation is not persuasive.
as a whole and in relation to one another considering
the whole context of the statute and not from an isolated CASES:
part of the provision.
• The meaning dictated by the context prevails. U.S. v. HART, et al., 26 PHIL. 149
• Every section, provision, or clause of the statute must
G.R. No. 8848. November 21, 1913
be expounded by reference to each other in order to
arrive at the effect contemplated by the legislature. In this case, the Supreme Court ruled that construction
should be based upon something more substantial than
mere punctuation found in the printed act. Argument
4. PUNCTUATION. - It is an aid of low degree in based upon punctuation is not conclusive, and the courts
interpreting the language of a statute and can never control will not hesitate to change the punctuation when necessary,
against the intelligible meaning of the written word. However, to give the act the effect intended by the legislature.

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Statutory Construction Prelims Reviewer

STATEMENT OF THE CASE: Accused-appellants were charged with vagrancy under Section
1 of RA No. 519. This section enumerates certain classes of
The appellants, Hart, Miller, and Natividad, were arraigned in persons who are to be considered as vagrants such as those
the Court of First Instance of Pampanga on a charge of "found loitering about saloons or dram shops or gambling
vagrancy under the provision of Act No. 519, found guilty, and houses, or tramping or straying through the country without
were each sentenced to six months’ imprisonment. Hart and visible means of support."
Miller were further sentenced to a fine of P200, and Natividad
to a fine of P100. All appealed. Accused-appellants were prosecuted and convicted for
"loitering about saloons or dram shops or gambling houses" the
FACTS: first part of Section 1. The second part, it will be noticed is
worded as follows: "or tramping or straying through the
Hart, Miller and Natividad were accused of Gambling and country without visible means of support."
Vagrancy where they all appealed.
Act No. 519 states that:
Hart had run gambling games in his saloon every night, one in
Angeles and one in the Bario of Tacondo. He also operated a "(1) Every person having no apparent means of subsistence,
hotel Angeles in which he did business. He was also a who had the physical ability to work, and who neglects to
proprietor He raised hogs which he sold to the Army garrison apply himself or herself to some lawful calling; (2) every
at Camp Stotsenberg. He was also authorized to sell several person found loitering about saloons or dram shops or
hundred hectares of land owned by one Carrillo in Tacondo. gambling houses, or tramping or straying through the country
With the power of an attorney, he furnished the same property without visible means of support; (3) every person known to be
and paid for the 1st public school in Tacondo. a pickpocket, thief, burglar, ladrone, either by his own
confession or by his having been convicted of either said
Miller had the reputation of being a gambler and that he was offenses, and having no visible or lawful means of support
fined for gambling and was seen in houses of prostitution. when found loitering about any gambling house, cockpit, or in
Miller was discharged from the Army last year. He had the any outlying barrio of a pueblo; (4) every idle or dissolute
position of Sergeant and received a rating as "excellent" on person of associate of known thieves or ladrones who wanders
being discharged. He had a partnership with one Buckered and about the country at unusual hours of the night; (5) every idle
invested P1000. The business netted him P300 per month. person who lodges in any barn, shed, outhouse, vessel, or place
other than such as is kept for lodging purposed, without the
Natividad was also a gambler. During his visits to saloons, he permission of the owner or a person entitled to the possession
sometimes acted as a banker. His occupancy is that of a tailor thereof; (6) every lewd or dissolute person who lives in and
which was sufficient enough to support his family. about houses of ill fame; every common prostitute and
common drunkard, is a vagrant."
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Statutory Construction Prelims Reviewer

ISSUE: Whether or not “without visible means of support" If the punctuation of the statute gives it a meaning which is
apply to “every person found loitering about saloons or dram reasonable and in apparent accord with legislative will, it may
shops.” be used as an additional argument for adopting the literal
meaning of the words of the statute as thus punctuated. But an
RULING: argument based upon punctuation is not conclusive, and the
courts will not hesitate to change the punctuation when
It turned out, as shown by the evidence, that accused-appellants necessary, to give to the Act the effect intended by the
had visible means of support. The Attorney General argued that legislature, disregarding superfluous or incorrect punctuation
"without visible means of support" as used in the second part, marks, and inserting others where necessary.
does not apply to "every person found loitering about saloons
or dram shops or gambling houses," but only to tramping or DISPOSITIVE PORTION:
staying through the country." It was contended that if "without
visible means of support" is intended for the first part, either For these reasons, the defendants are acquitted, with the costs
the comma after gambling houses would have been omitted, or de officio.
else the comma after country would have been inserted.
Note:
The courts decided that the mere missing of the punctuation
cannot hold bar the argument of the AG, since the intention of The phrase that has no visible means of support apply to
the legislators was to prevent "loitering". It was stated that tramping or straying through the country not found loitering
loitering was idling or wasting one's time. The time spent in about saloons. The accused were charged with found loitering
saloons drum shops, and gambling houses is anything but that. about saloons or dram shops. They were charged with
vagrancy.
The three defendants were earning a living by legitimate
means in a degree of comfort higher than the average. Their Legislative intent (of the law) is to make the parasite of the
sole offense was gambling, which the legislature has yet to society liable to the burden. Vagrancy is loitering without
make a subject of penal law. visible means of support. It is not the intention of the law to
punish even the people who frequent saloons (beer houses), it
RATIO: When the meaning of legislative enactment is in intends to punish people loitering without visible means of
question, it is the duty of the courts to ascertain, if possible, the support. They’re harmful parasites of society as they are idle.
true legislative intention, and adopt that construction of the
statute which will give it effect. The accused were not idle because they have visible means or
The construction should be based upon something more they are earning for a living.
substantial that the mere punctuation found in the printed Act.

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Statutory Construction Prelims Reviewer

The punctuation argument was not sustained. Criminal Law is "packing for shipment or distribution" of agricultural produce,
interpreted always in favor of the accused. “in dubio pro reo” - meat and fish products, and perishable foods. The Drivers
in doubt, in favor of the accused. contended that they fell outside of Exemption F and thus the
overtime law protected them. Oakhurst argued to the contrary.
What is the similarity between this and Oakhurst dairy? The magistrate judge recommended that Oakhurst's motion for
summary judgment be granted and that the Drivers' motion be
The absence of a comma created an ambiguity. Therefore, it denied. The district court adopted the magistrate's
created a problem leading to a case. recommendation and granted Oakhurst summary judgment.
The Drivers appealed.
O'Connor v. Oakhurst Dairy - 851 F.3d 69 (1st
Cir. 2017) ISSUE:
RULE: Did the Drivers fall within Exemption F of Maine's overtime
Exemption F covers employees whose work involves the law, Me. Rev. Stat. Ann. tit. 26, § 664(3)?
handling—in one way or another—of certain, expressly
enumerated food products. Specifically, Exemption F states RULING:
that the protection of the overtime law does not apply to: The The appellate court reversed the district court's decision and
canning, processing, preserving, freezing, drying, marketing, remanded the matter for further proceedings.
storing, packing for shipment or distribution of: (1)
Agricultural produce; (2) Meat and fish products; and (3) RATIO:
Perishable foods. Me. Rev. Stat. Ann. tit. 26, § 664(3)(F). The court observed that § 664(3) omitted a final comma after
FACTS: the word "shipment," and thus there was an ambiguity as to
Plaintiffs Kevin O'Connor and four others ("Drivers") worked whether it referred to two distinct exempt activities—"packing
as delivery drivers for defendant Oakhurst Dairy ("Oakhurst"). for shipment" and "distribution," and the act's legislative
The Drivers filed a lawsuit against Oakhurst in federal district history did not cure that ambiguity. Maine's default rule of
court seeking unpaid overtime wages under the federal Fair construction, which required that wage and hours law be
Labor Standards Act, 29 U.S.C.S. §§ 201 et seq., and the liberally construed to further its remedial purpose, favored a
Maine overtime law, 26 M.R.S.A. § 664(3). The matter was narrow reading, such as that urged by the Drivers. The court
referred to a magistrate judge, and the parties filed cross- adopted the Drivers' interpretation: § 664(3) referred to the
motions for partial summary judgment to resolve their dispute single activity of "packing," whether the "packing" was for
over whether the Drivers were covered by Exemption F of "shipment" or for "distribution," and although the Drivers
Maine's minimum wage and overtime law. Exemption F stated handled perishable foods, they did not engage in "packing"
that the protection of the overtime law did not apply to certain them. As a result, the Drivers fell outside Exemption F.
listed occupations, and particularly work that involved the

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Statutory Construction Prelims Reviewer

DISPOSITIVE PORTION: No, the Court cannot do that, it can only be used as an
additional argument. The Court relied on the general principle
Notes: of labor law to favor workers, lack of oxford comma that
resulted in ambiguity.
In Oakhurst dairy punctuation is sustained.

Accordingly, the District Court’s grant of partial summary 5. HEADINGS AND MARGINAL NOTES. - If the
judgment to Oakhurst is reversed. meaning of the statute is clear or if the text of the statute is
clear, they will prevail as against the headings, especially if the
Oxford Comma is that comma that we found before the headings have been prepared by compilers and not by the
conjunction and and or.
legislature.
It is a group driver trying to avail overtime, and the employer
• Secondary aids
said they are not liable for overtime pay because the drivers are
• They are prefixed to sections, or chapters of a statute
not included in the exemption of Overtime Pay.
for ready reference or classification.
There was no oxford comma found after packing for shipment. • Not entitled too much weight, and inferences drawn
there from are of little value and they can never control
Argument of Oakhurst dairy: the plain terms of the enacting clauses, for they are not
part of the law.
The exemption will be whether it is packing of shipment or • The provisions of each article are controlling upon the
distribution. In that case it will be covered but the court said subject thereof and operate as a general rule for settling
they could not determine the legislative intent whether such questions as are embraced therein.
distribution is different from packing. The workers only • When the text of a statute is clear and unambiguous,
distribute. there is neither necessity nor propriety to resort to the
headings or epigraphs of a section for interpretation of
Court had to refer to the general principle of labor laws, if the text, especially when they are mere reference aids
there's ambiguity, it should be interpreted in favor of labor or indicating the general nature of the text that follows.
workers. The Court says it will use the general principle of
labor laws in favor of workers. The court held that they are
entitled to Overtime Pay. 6. LEGISLATIVE DEFINITION AND
INTERPRETATION. - If the legislature has defined the
Did the Court simply rule based on punctuation? words used in the statute and has declared the construction to
be placed thereon, such definition or construction should be
followed by the courts.
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Statutory Construction Prelims Reviewer

The rules are as follows: Notes:

a. If a law provides that in case of doubt it should be Should a term defined at the beginning statute have to be
construed or interpreted in a certain manner, the courts should the same throughout the entirety of the statute?
follow such instruction;
b. In case of conflict between the interpretation clauses Yes. To avoid ambiguity.
and the legislative meaning, as revealed by the statute
considered in its totality, the latter shall prevail; Can we refer to check other statutes to check definition?
c. A term is used throughout the statute in the same sense
in which it is first defined; No. The definition will only apply to the statute defined in that
specific statute not anywhere else.
Notes:
EXTRINSIC AIDS
What if the law provides a specific provision, can the
legislative provide a specific interpretation inside the law Extrinsic aids are any of the following: Contemporaneous
itself when there is doubt? circumstances, policy, legislative history of the statute,
contemporaneous or practical construction, executive
The legislative can do that and provide as to the law in case of construction, legislative construction, judicial construction, and
ambiguity in such manner. construction by the bar and legal commentators.

What if it does not align with the legislative intent? What Extrinsic aids can be resorted to only after the intrinsic aids have
should be the priority, legislative intent in a statute or as been used and exhausted.
determined by the court?
1. CONTEMPORANEOUS CIRCUMSTANCES. - These are
The legislative intent should be always the topmost priority in the conditions existing at the time the law was enacted such as
interpreting a statute. the following:

(a) History of the times and conditions existing at the time the
Legislative definition of similar terms in other statute
law was enacted;
may be resorted to except where a particular law expressly
declares that its definition therein is limited in application to (b) Previous state of the law;
the statutes in which they appear.
(c) The evils sought to be remedied or corrected by the law; and

(d) The customs usages of the people.

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Statutory Construction Prelims Reviewer

Examples: Bayanihan Acts One and Two - circumstances: there daylight, whether in the city or in the provinces, will convince
is a state of national emergency because of COVID and it has future interpreters of the law that such a penalty is needed to
affected the economic condition of the country. There was protect society.
moratorium given for the collection of laws which is 60 days, to
help alleviate the condition of the consumer and producer. Notes: Should be given effect by the judiciary. One way to
accomplish this mandate is to give a statute of doubtful meaning,
The above-mentioned circumstances constitute the reasons why a construction that will promote public policy.
the law was enacted. Hence, the one interpreting the law should
place himself in the position and circumstances of those who It’s similar to contemporaneous circumstance because it is the
used the words in question and be able to feel the atmosphere, intention behind the enactment of the law.
the conditions, and the reasons why the law was enacted.
3. LEGISLATIVE HISTORY OF THE STATUTE. - It is a
Presidential Decree 9 as amended by Batas Pambansa 6 provides well settled rule of statutory construction that where a statue is
that it is illegal to carry a knife outside of the house that is not susceptible of several interpretations or where there is ambiguity
meant for cooking, or any household activities. So, if you’re in its language, there is no better means of ascertaining the will
carrying a bladed weapon outside of your house it will be a crime and intention of the legislature than that which is afforded by the
under this law. The enactment of this law is because of the allege history of the statute.
criminality under martial law to prevent this said activities. The
circumstance surrounding it is the proclamation of martial law. Are personal opinions of some legislators appropriate aids of
construction?
2. POLICY. - The general policy of the law or the settled policy
of the State may enlighten the interpreter of the law as to the As a general rule, they are not appropriate aids of construction.
intention of the legislature in enacting the same. Hence, if a new However, if there is unanimity among the supporters and
agrarian law is enacted today and few years from now, there will oppositors to a bill with respect to the objective sought to be
arise the need to find out why such a law is enacted, the accomplished, the debates may then be used as evidence of the
conditions, the prevailing sentiment of the people, the policy of purpose of the act. It is in cognizance with the law.
the State, and the executive order issued by the Office of the
President preceding the legislative enactment will throw light Where can we find legislative history of the statute?
upon the intention of the legislature in enacting said law.
Such history may be found in reports of legislative committees,
Example: The same thing is true if death sentence is imposed in the transcript of stenographic notes taken during a hearing,
for drug pushers and for those currently involved in the so-called legislative investigation, or legislative debates.
"satanismo" offenses. The conditions of the times and the very
destructive and heinous crimes committed even in broad
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Statutory Construction Prelims Reviewer

TSN - Transcript of stenographic notes; can usually be found in (a) Congress is deemed to have been aware of the
court, records the proceeding of the case. There are staffs of the contemporaneous and practical construction made by the
office in which those are the people who write the record, officers charged with the administration and enforcement of the
transcript the proceeding, stipulations during the debate, or law;
answers of the witness and the question of the lawyers and the
orders of the judge. Aside from recording it, there’s also manual (b) The courts should respect that contemporaneous construction
recording with the stenographers. Stenography is shorthand, and except if it is clearly erroneous;
it be will converted to longhand to how we usually write. Then
the notes will now be called to transcript of stenographic notes. (c) Executive construction has more weight if it is rendered by
It can also be found in legislature especially when they are the Chief Legal adviser of the government who can issue
passing the law. opinions to assist various departments of the government
charged with the duty to administer the law;
4. CONTEMPORANEOUS AND PRACTICAL
CONSTRUCTION. - Those who lived at or near the time when (d) The opinion, however, of the Chief Legal adviser is
the law was passed were more acquainted of the conditions and subservient to the ruling of the judiciary, which is in charge of
the reasons why that law was enacted Their understand and applying and interpreting laws. The Judiciary is in charge with
application of the law, especially if the same has been continued applying and interpreting the laws.
and acquiesced by the judicial tribunals and the legal profession,
deserve to be considered by the courts. 6. LEGISLATIVE CONSTRUCTION - Legislative
construction is entitled to consideration and great weight but it
CC the situation, the conditions surrounding the enactment of cannot control as against the court's prerogative to decide on
the statues. As to this, is given by the construction given people what is the right or wrong interpretation.
present at the time of the enactment living at that time of
enactment.
7. JUDICIAL CONSTRUCTION - It is presumed that the
Example: With the Bayanihan Act, the people living while this legislature was acquainted with and had in mind the judicial
act is in effect, can give a practical construction on the provision construction of former statutes on the subject. It is also
of Bayanihan Act. Such that it will be given weight by the court presumed that the statute was enacted in the light of the judicial
as extrinsic aid. construction that the prior enactment had received. With
respect to a statute adopted from another state, it is presumed
5. EXECUTIVE CONSTRUCTION. - The construction given that it was adopted with the construction placed upon it by the
by the executive department deserves great weight and should courts of that State.
be respected if said construction has been formed and observed
for a long period of time. The rules to remember are as follow: Should this construction be followed?

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Statutory Construction Prelims Reviewer

It should be followed only if it is reasonable, in harmony with While in the process of construing statutes, the court may
justice and public policy and consistent with the local law. indulge in presumptions which are justified by the rules of
logic, human experience, good sense and by specific provision
Notes: of law. However, there is no need to apply said presumption if
the legislative intent is clear.
Adopted statute - these are the laws that came about, basing it
on foreign jurisprudence. If there has been a similar statute in a What are these presumptions? They are the following:
different state, the construction given by the state to the statue
can likewise be adopted. If there is a similar statute in a different (1) Presumption of Validity
state, the courts can likewise adopt it given that it is reasonable
and in harmony in justice with the policy and consistent with our Every statute passed by the legislature is presumed to be valid
local laws. because the legislature is supposed to have considered the
question of its validity in approving it.
Previous construction created by our court related to statutes is
also used as extrinsic aids. The question of validity of every statute is first determined by
the legislative department of the government itself, and the
8. CONSTRUCTION BY THE BAR AND LEGAL court should resolve every presumption in favor of its validity.
COMMENTATORS. - It is presumed that the meaning
publicly given in a statute by the members of the legal The courts are not justified in adjudging a statute invalid in the
profession is a true one and regarded as one that should not be face of the conclusion of the legislature when the question of
lightly changed. The opinions and commentaries of text writers its validity is at all doubtful. The courts must assume the
and legal commentators, whether they are Filipinos or validity of the statute, and that it was fully considered by the
foreigners, may also be consulted as, in fact, they are legislature before it was adopted. Statutes should not be
oftentimes cited or made as references in court decisions. presumed to be invalid unless it clearly appears that they are
within some of the inhibitions of the fundamental laws of the
SIMPLIFICATIONS OF THE RULE REGARDING THE state.
USE OF EXTRINSIC AIDS
Extrinsic aids, such as those mentioned above, are entitled to
respect, consideration and weight, but the courts are at liberty (2) Presumption of Constitutionality
to decide whether they are applicable or not to the case brought
to it for decision. Every statue passed by the legislature is presumed to be
constitutional. The presumption is always in favor of
PRESUMPTIONS IN AIDS OF CONSTRUCTION
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Statutory Construction Prelims Reviewer

constitutionality. To doubt is to sustain. However, when the prevail. (Article 10, New Civil Code of the Philippines) The
statute is really unconstitutional, the courts are authorized to reason for this is explained by the Code Commission in this
declare its invalidity. Again, this is the essence of the vein: It is "necessary" so that it may tip the scales in favor of
separation of powers and the system of checks and balances. In right and justice when the law is doubtful or obscure. It will
discharging that duty, the judicial arm of the government is strengthen the determination of the courts to avoid an injustice,
merely complying with its assigned task of seeing to it that the which may apparently be authorized by some way of
other departments have not exceeded their constitutional interpreting the law.
authority.
Note: ART 10 of the Civil Code is the most used in
Notes: A law is presumed to be valid, constitutional – it would Statutory Construction, if all statutory construction fails, it
give effect that would make it operative that construction shall is presumed that the legislative body intended right and
be used as opposed to construction that will make it justice to prevail.
unconstitutional. IF the there are two constructions, the other
one is unconstitutional and the other making it operative, then
the court should always choose the construction that will make (5) Presumption Against Inconsistency
it operative.
The mind of the lawmaking body is presumed to be consistent.
(3) Presumption of Good Faith In case of doubt therefore, such a construction should be
adopted as will make all the provision of the statute consistent
In case of interpretation of a statute, it is presumed that the with one another and with the entire act. A word or phrase
legislature had good motives in having considered and adopted repeated in a statute will have the same meaning throughout the
a particular law. statute, unless a different intention appears.

Presumptions also exist that the legislature acted in good faith; "Ubi lex non distinguit, nec nos distinguere debemos" - when
that it acted from patriotic and just motives; that it acted with a the law does not distinguish, we should not distinguish.
desire to promote an intention to disregard the civil and
(6) Presumption Against Absurdity
political liberties of the people.
It is presumed that the legislature does not intend that absurdity
(4) Presumption Against Injustice will flow from its enactment. The courts therefore have the
duty to interpret the law in such a way as to avoid absurd
In case of doubt in the interpretation or application of laws, it is
result.
presumed that the lawmaking body intended right and justice to

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Statutory Construction Prelims Reviewer

Whenever possible, a legal provision must not be construed to Choose the construction that will make it operative in order to
be a useless surplusage, and accordingly meaningless, in the give effect of the legislative intent.
sense of adding nothing to the law or having no effect
whatsoever thereon.
(8) Presumption Against Irrepealable Laws
Note: It should not result in absurd consequences
It is presumed that the lawmaking body does not intend that its
law shall be irrepealable. The legislature cannot enact
(7) Presumption Against Ineffectiveness irrepealable laws or limit its future legislative acts. (Duarte v.
David, 32 Phil. 36)
It is presumed that the lawmaking body does not intend to
adopt laws, which are unnecessary and ineffective. It is The reason is obvious, the need of today and the situation
presumed that it intends to impart to its enactments such a obtaining now win not most likely be the same in the years to
meaning as will render them operative and effective. come. Coup d’etat is new to the Philippine government. Drug
addiction became a serious menace in the 60’s and the 70’s. It
There are therefore two important rules of statutory is but proper that those issues should be left to the better
construction on this point, thus: judgment of a new legislature. In the year 2000, the people will
surely be confronted with problems of their own
1. Where a law is susceptible of two constructions, one of
which will render it unconstitutional and the other upholds its Note: We need to repeal laws so it can be appropriate in
validity, the latter must be adopted current situation. We need to make our laws in tune with
our times. Laws are ever changing. It should always be
2. Where the language of the statute is susceptible of two or subject to change.
more constructions, one which will render the statute
ineffective or inefficient and another which will tend to give
effect to the evident intent of the legislature, that construction (9) Presumption Against Implied Repeals
which tends to give effect to the object for which the law was
adopted shall prevail. (Benguet Exploration, Inc. v. DENR, Repeals by implication is not favored. There are two
G.R. No. L-29534, February 23, 1977) requirements before a statute can be considered to have
repealed a prior statute by implication, namely:
Note: One is susceptible to more than once construction, one
will make it unconstitutional, one will make it operative. 1. That the statute touch the same subject matter; and

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Statutory Construction Prelims Reviewer

2. That the later statute is repugnant to the earlier one. Example:

(Calderon v. Provincia Del Santisimo Rosario, 26 Phil. 164)
There are three laws. Statute 1, Statute 2, and Statute 3.
Notes:
Statute 1 has already been repealed by statute 2 and there’s
There will be an implied repeal because we have two laws another, the statute 3 which likewise repealed statute 2. Will
covering the same subject but are inconsistent or it contradicts statute 1 be revived?
each other.

Which should prevail between those statutes?

The latter statute should prevail because the presumption is that

it is newer, more update and more recent reflection of the
intention of the lawmaker. However before applying this law
make sure that there is conflict.

If there are two statutes that cover the same subject matter, the
presumption is that the latter law would not automatically
repeal the existing law. There must be an element that the two
cannot stand each other to be validly consider that the statute
repealed the older statute.
In the first part: 2nd Law expressly repealed the 1st law, then 3rd
What is there are revivals of the law? law expressly repealed 2nd law, then 1st law is not revived
except when the 3rd law expressly revives 1st Law.
Section 21, Chapter 5 of Book 1 of the Administrative Code of
1987 provides that, “When a law which expressly repeals a Determine first if the first law was EXPRESSLY
prior law itself repealed, the law first repealed shall not be REPEALED by the second law. Look if there’s a provision
thereby revived unless expressly so provided.” of revival. THERE’S ONLY A REVIVAL IF THE LAW
SAYS SO.
Section 22 also provides that, “When a law which impliedly
repeals a prior law is itself repealed, the prior law shall thereby In the second part: 2nd law impliedly repealed 1st law. Then 3rd
be revived, unless the repealing law provides otherwise. law impliedly repealed 2nd law, then the rule is that there is
automatic revival, except when the 3rd law expressly provides
that the 1st law shall not be revived.
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Statutory Construction Prelims Reviewer

Why is there distinction of express repeal or implied In this connection, there are three basic rules to remember on
repeal? the matter of repeal:

Because in the first instance, the second has completely 1. Laws are repealed only by subsequent ones, and their
abandoned the first law. First law is already gone and dead and violation or nonobservance shall not be excused by disuse, or
it cannot be revived simple because the statute that killed it has custom or practice to the contrary. (Article 7 New Civil Code
already been replead. It cannot be revived by the simple reason of the Philippines)
by repealing the second law. 2. When a law which expressly repeals a prior law is itself
repealed, the law first repealed shall not be thereby revived,
In the instance of implied repeal there is only an inconsistency unless expressly so provided. However, when a law repeals a
of first and second law. The first law actually gone, it’s just prior law, not expressly but by implication only, its repeal
that it had been ignored, deemed repealed because of the revives the prior law unless the language of the repealing
inconsistency present in the latter law. statute provides otherwise. (U.S. v. Soliman, 36 Phil. 5)
3. A general law does not repeal a special law unless it is so
Now if the 2nd law is repealed then the inconsistencies would expressly provided, or they are incompatible. (Compania
now be gone. With it gone then the 1st law is deemed again to General de Tabacos v. Collector of Customs, 46 Phil. 8)
be revived or in effect again. General Law and Special Laws

(PS: This is explained well in Article 7 of the Civil Code; Normally it would only take a special law to repeal a special
actually, try to watch the lecture of lex in motion regarding law unless it has been expressly provided in the general law.
article 7 of the civil code, if there are problems in regards to
understanding this. Trust me super helpful. SWEAR.)

General Law Specific Law

A general law is one which applies to the whole state and operates A special law is one which relates to particular persons or
throughout the state alike upon all the people or all of the class. It things of a class or to a particular community, individual, or
is one which embraces a class of subjects or places and does not thing.
omit any subject or place naturally belonging to such class.

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Statutory Construction Prelims Reviewer

A SPECIAL LAW PREVAILS OVER A GENERAL LAW subject and to repeal all prior laws inconsistent therewith.
(Lechoco v. Civil Aeronautics Board, 43 SCRA 670)
As between a specific statute and a general statute, the former
must prevail since it evinces the legislative intent more clearly ON THE PRINCIPLE THAT SPECIAL PROVISIONS
than a general statute does. The Civil Code (RA No. 386) is of PREVAIL OVER GENERAL PROVISIONS
general character, while Act No. 3135, as amended, is a special
enactment and therefore the latter must prevail. Generalia specialibus non derogant - A general law does not
nullify a specific or special law.
Under Act No. 3135, as amended, a mortgagee creditor is
allowed to take part in the bidding and purchase under the (10) Presumption Against Violation of Public Policy
same conditions as any other bidder. Section 5 of Act No.
3135, as amended, creates and is designed to create an It is presumed that the legislature designs to favor and foster
exception to the general rule that a mortgagee or trustee in a rather than to contravene, that public policy which is based
mortgage or deed of trust which contains a power of sale on upon the principles of natural justice, good morals, and the
default may not become the purchaser, either directly or settled wisdom of the law as applied to the ordinary affairs of
through the agency of a third person, at a sale which he himself life. (Black, Interpretation of Laws, 2nd Edition, p. 134)
makes under the power. Under such exception, the title of the
mortgagee creditor over the property cannot be impeached or Note: If the construction is violative public policy, reject
defeated on the ground that the mortgagee cannot be a such construction.
purchaser at his own sale.
(11) Presumption of Knowledge of Existing Laws
EXCEPTIONS TO THIS RULE
In enacting a law, the lawmaking body is presumed to have full
The said rule is subject to the following exceptions: knowledge of all existing laws on the subject. Hence, if there
are two laws on the same subject enacted on different dates, the
(1) The general law prevails over the special law when it treats latter law cannot be held to have abrogated the former law,
the subject in particular and the special law refers to it in unless the repugnancy is clear, convincing and irreconcilable.
general; (Bagatsing v. Ramirez, G.R. No. 41631, December 17,
1976) Example: There are two laws enacted on different dates on the
same subject matter, which should prevail?
(2) The general law prevails over the special law when the
legislature intended the general enactment to cover the whole They can stand together. We cannot presume that the latter law
repealed the old law with the same subject matter. If they can

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Statutory Construction Prelims Reviewer

stand together it must be presumed that the latter law cannot be jurisdiction in them, unless there are express words or a
held to have abrogated the previous law if it is consistent with necessary implication to that effect.
the implied repeal. We can only consider it repealed when the
two is inconsistent with each other and they cannot stand
together. When the repugnancy is clear, convincing and (14) Presumption of Acting Within the Scope of Authority
irreconcilable, that is the only time we can only consider the
latter law to repeal the old law. It is presumed that the legislature acted within the scope of its
authority. Hence, if a statute admits of more than one
interpretation, one that places the statute outside of legislative
(12) Presumption of Acquiescence to Judicial Construction competence, and one that places the statute within the limits of
legislative competence, the court should adopt the later
When the court has construed a statute in a particular manner, interpretation.
and the lawmaking body made no move to alter or amend the
said statute, it is presumed that the legislature has acquiesced in (15) Presumption Against Violation of International Law
that interpretation.
It is presumed that a statute is in conformity with the rules and
Note: This is related to the lecture before (The remedy to principles of international laws, or with treaties, in line with
judicial decisions in relation to legislature), if the legislative Section 2, Article II, of the 1987 Constitution, which provides
department can amend or modify a court decision? No. as follows:

It cannot do that because it is beyond their jurisdiction. If the "Section 2. The Philippines renounces war as an instrument of
legislature does not agree, the remedy is to enact a new law national policy, adopts the generally accepted principles of
that is consistent with how they interpreted the law or they can international law as part of the law of the land and adheres to
amend or repeal it. If the legislature did not do anything, to the policy of peace, equality, justice, freedom, cooperation, and
repeal or amend the existing law, then the presumption is that it amity with all nations."
has given approval to the construction given by the court.

PS. At some point you will feel anxious, devalued, and

(13) Presumption of Jurisdiction stressed. Fight back. It’s okay to breakdown when you feel
like it but just allot five mins because time is of the essence.
A statute will not be construed in such a manner as to oust or Charot normal lang yan, YOU CAN DO IT. PAIN IS
restrict the jurisdiction of superior courts, or to vest a new TEMPORARY BUT LAW DEGREE IS FOREVER.
GOODLUCK!!!

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