UNIT 1

CHAPTER I
STATUTES

DURATION

Nine (9) hours is the allotted time for Chapter 1

INTRODUCTION

In principle, statutory law forms part of laws enacted by the Legislative branch
of the government. In other countries, they are enacted by state legislature.
However, luminaries consider laws enacted even by a local government unit such as
city council. Accordingly, these laws can only be changed by means of a repealing
act, or by means of amendments, and to a certain extent by means of court
interpretation.

Settled is the rule that statutory laws vary from regulatory or administrative
laws. It is said that unlike common law, which is subject to interpretation in its
application by the court, generally, statutory laws are strictly construed by courts.

The law against murder is a classic example of a statutory law. The law
against Parricide is also an example. The law against Rape is another kind of a
statutory law. The law against the crime of Robbery is likewise another kind.

In essence, statutory laws were derived from written statutes, which in turn
are enacted by the legislative body of the State. As a process, members of the
legislative body introduce potential laws which are known as bills and upon approval
by a required number of votes among the members, eventually approved by the
Head of the Executive branch, it now becomes a statutory law. (Please take note
however that processes may vary from time to time, i.e. in cases of “initiative”).

WHY IS THERE A NEED TO STUDY STATUTORY CONSTRUCTION?

The author believes that it is an indispensable need to have a concrete

system of laws. People must have a knowledge about statutory laws, but in the event
that conflict arises and there is a need to decide and interpret what particular law is,
somebody, an authority for that matter, i.e., a judge, must decide and interpret what
the law means because some laws are nebulous. Let me give you an example.

To my mind, the study of Statutory Construction is also important because

sometimes it is not worded as precise and prudent as it ought to be, leaving a room
for interpretation.

Even the highest tribunal‟s decision is not always unanimous and at times,
dispute arises as to the correct meaning of some statutes.

1
Thus, the study will provide a higher level of certainty as to what the law
means.

MOST ESSENTIAL LEARNINGS COMPETENCIES (MELCS)

1.To learn the “Cardinal rule” of construction in relation to statutes.

2.To know the so-called “Golden Rule” in the interpretation of laws.

3.To determine when to apply the principle of “Mischief Rule” in Statutory

Construction.

OBJECTIVES:

1. To study significant concepts like Statutes, Statutory Construction,

Presidential decree, Executive orders, other presidential issuance in the
exercise of his ordinance

2. To understand the basis of the Rulings of the Supreme Court

3. To determine rules and regulation promulgated by administrative or

executive officers pursuant to a delegated power

4. To know the concept of ordinances passed by the Local Government

Unit.

2
PRE-TEST

UNIT 1:

CHAPTER 1

STATUTES

Find and encircle all the direction words that are hidden in the grid.

The words may be hidden in any direction.

Words to look for:

1. Statute

2. Statutory Construction

3. Judicial Legislation

4. Curative

5. People of the Philippines vs. Eusebio Nazario

6. Ambiguity

7. Substantive

8. Presidential Decree

9. Executive Order

10. Regulation

3
S T A T U T O R Y C O N S T R U C T I O N A B C D E F G H I J K L PMN O P
T QW E R T Y U I O P A S D F G H J K L Z X C V B NM L K J H G F R D S A Q
A K I H G F D E D A B C Z X C V N BM P O I U Y T R E WQM N B V E C X Z R
T L M N O P Q R S T U V WX Y Z A B A C D E F G H J I NM L K O P S Q R T S
U A Z Y XWV U T S R Q P O NM L K J M J I H G F E D C B A Z Y X I WV U T
T B D F G F QWE R T Y U I O P A S D F B G H J K L Z X C V B NMD A S D U
E C S G H D J H G F D S A O I U Y T R E W I QMN B V C X Z L K J E H G F V
A D A H I S K L Z X C V B NMA B C D E F I G H J K L MN O P Q R N U V Y W
B E P J K A B G D E F G H I J K L MN O P Q R U S T U VWX Y Z A T B C R X
C F O K L P T U V Q WX Y Z A B C D E F G H I J I K L MN O P Q R I S D Q Y
D G U L A O A B C D E F G H I J K L MN O P Q R S T U VWX Y Z B A E E P Z
E H I Z B I E D C B A Z Y XWV U T S R Q P O NM L Y K J H G D C L F F O Q
F I Y X C U F H I J K L MN O P E Q R S T U V QWX Y Z A B C D E D G G N B
G J T C D Y G E D C B A Z Y XWV U T S R Q P O NM L K J I H G F E H HMC
H K R E E T L K G I H G F D C V I A Z Y XWQ V U T S R Q P O NMG I I L F
I L W C F RMN O P Q R S T U V T WX Y Z A B C D E F G H I J K L R J J K D
J MQ V G E L K J I H G F E C B A D Z Y XWV U T S R Q O P N M L E K K J E
K O N B HWP Q R S T U VWX Y R A B C D E G F I J K L MN O P Q R S L I F
MP Q N MQ O NM L K J I H G F U E D C B A Z Y XWV U T S R Q P O NMH G
L E W V Q V U T S R U Q O P I N CM L K J I G H F E D C B A Z Y XWV U T S
N R S T U VWX Y X A B C D E F G H I J K L MN O I T A L U G E R N O P Q R
O J U D I C I A L L E G I S L A T I O N Q P O NM L K J I U H G F E D C B A
I U Y T R E WQM N B V C X Z L K J H G F D S A P O I U Y T R E WQMN B V
P A S D F G H J K L Z X C V B NMQWE R T Y U I O P A S D F G H I J K L C
P E O P L E O F T H E P H I L I P P I N E S V S E U S E B I O N A Z A R I O
WX Y Z A B C D E F G H I J K L MN O P Q R S T U VWX Y Z Q WE R T Y U I
A B D C E F G H I J K L MN O P Q R S T U V Z Y XWV U T S R Q P O NM L K
K L M N O E X E C U T I V E O R D E R P Q R S T U VWX Y Z A B C D E F G H
QWV B NM Z X C V A S D F G J H K L P O I U Y T R E WQ B C D E F G H I J
A Z P O I U Y T R E WQ MN B V C X Z L I K J H G F D S A P O I Y U T R E W
QWE R T Y U I O P AS D F G H J K L Z X C V B NMQ E V I T N A T S B U S

4
PRELIMINARY CONSIDERATIONS

Law is defined as the science of moral laws based on the rational nature of
man, which governs his free activity for the realization of his individual and social
ends, and which by its very nature is demandable and reciprocal (1 Sanchez Roman
3).

In its specific sense, it is a rule of conduct, just, obligatory, promulgated by

legitimate authority and of common observance and benefit (ibid)

Thus, it includes:

(1) Statutes enacted by the legislature

(2) Presidential decree

(3) Executive orders

(4) Other presidential issuance in the exercise of his ordinance

power

(5) Rulings of the Supreme Court

(6) Rules and regulation promulgated by administrative or executive

officers pursuant to a delegated power

(7) Ordinances passed by the Local Government Unit.

5
UNIT 1

CHAPTER I

STATUTES

Question: What is a Statute?

Answer: In the case of Federal Trust Co. vs. East hard Statute is defined as the
written will of the legislature, expressed according to the form necessary to constitute
it a law of the state, and rendered authentic by certain prescribed forms and
solemnities. (Sec 1)

Question: What is Statutory Construction?

Answer: Justice Martin defines statutory construction as the art of seeking the
intention of the legislature in enacting a statute and applying it to a given state of
facts and that a judicial function is required when a statute is invoked and different
interpretations are in contention.

Distinguish judicial legislation from statutory construction:

Where legislature attempts to do several things, one which is invalid, it may

be discarded if the remainder of the act is workable and in no way depends upon the
invalid portion, but if that portion is an integral part of the act, and its excision
changes the manifest intent of the act by broadening its scope to include subject
matter or territory which was not included therein as enacted, such excision is
“judicial legislation” and not “statutory construction”1

I. Classification of Statutes (Sec 2)

(a) Public Statute- which affects the public at large or the whole community;
classifications:

(1) General- which applies to the whole state and operates

throughout the state alike upon all the people or all of a class;

(2) Special- which relates to a particular persons or things of a class

or to a particular community, individual or thing;

(3) Local- whose operation is confined to a specific place or locality

(b) Private Statute: applies only to a specific person or subject

(b) Private law - confined to particular individuals, association or corporation (Unity

vs Borage, 103 U.S. 447, 26 L, et 405)

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II. Types of Statutes

(a) Those passed by the Philippine Legislature

(1) Philippine Commission

(2) Philippine Legislature

(3) Batasang Pambansa

(4) Congress of the Philippines

(b) Made by the President

(1) Presidential decrees

(2) Executive orders

III. Types of statutes according to Duration:

(a) Permanent statute- whose operation is not limited in duration but

continues until repealed;

(b) Temporary statute- whose duration is for a limited period of time

fixed in the statute itself or whose life ceases upon the happening of an event.

IV- Types of statutes with respect to their Application:

(a) Prospective –operates upon or regulates acts or transactions

taking place after it takes effect.2

(b) Retroactive- affects acts already committed or transactions

already completed before it becomes effective 3

V- As to the manner of Operation:

(a) Declaratory- a statute enacted to clarify prior law by reconciling

conflicting judicial decisions4

(b) Curative- one which attempts to cure or correct irregularities in

judicial or administrative proceedings

(c) Mandatory- one whose provisions or requirements if not

complied with will render the proceedings to which it relates illegal or void. 5

(d) Directory- noncompliance will not invalidate the proceeding.

(e) Substantive- create, define, regulate rights, obligations and

causes of action that can be enforced by law.6

(f) Remedial- those abridge superfluities of former laws

(g) Penal- imposes punishment for the crime committed.

7
VI- As to the Form:

(a) Affirmative –statute express in affirmative sense. 7

(b) Negative- statutes expressed in negative terms8

Manner of referring to statutes

1. Public Acts:

(a) Philippine Commission and Philippine Legislature 1901- 1935

(b) Commonwealth Acts: enacted during the Commonwealth 1936-

1946

© Republic Acts: passed by Congress of the Philippines 1946-

1972 and from 1987 Note: Statutes may be referred to by its
serial number, or its title.

Distinguished Construction from Interpretation

Construction Interpretation

(Extrinsic) (Intrinsic)

It is the drawing of conclusions with It is the process of discovering the true

respect to subjects that are beyond the meaning of the language used.
direct expression of the text, is the Interpretation is limited to exploring the
drawing of conclusions respecting written text.
subjects that lie beyond the direct
expressions of the text.

Kinds of Statutes:

1. Legislative acts - legislative acts are decisions adopted under the ordinary or
special legislative procedure (Article 289 (3) of the TFEU)
2. Presidential issuance - those which the president issued in the exercise of his
ordinance power (Chapter 2, Book III, AC)
2.1 Executive Orders. - Acts of the President providing for rules of a general
or permanent character in implementation or execution of constitutional or statutory
powers (Sec 2, AC)

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2.2 Administrative Orders. - Acts of the President which relate to particular
aspect of governmental operations in pursuance of his duties as administrative head
(Sec. 3, AC)).

2.3 Proclamations - refers to the acts of the President that fixes a date or
declaring a status or condition of Public interest (Sec 4, AC)

2.4 Memorandum Orders. - Acts of the President on matters of administrative

detail or of subordinate or temporary interest which only concern a particular officer
or office of the government (Sec 5, AC)

2.5 Memorandum Circulars. - It refers to the acts of the President on matters

relating to internal administration, which the President desires to bring to the
attention of all or some of the departments, agencies, bureaus or offices of the
Government, for information or compliance. (Sec. 6, AC)

2.6 General or Special Orders- Acts and commands of the President in his
capacity as Commander-in-Chief of the Armed Forces of the Philippines (Sec. 7, AC)

3. Administrative rules and regulations- This pertains to the issued rules and
regulations by administrative or executive offices, as duly authorized by law.

4. Supreme Court rule-making power- the Constitution granted the Supreme

Court to promulgate its own rules (Sec. 5 Par. 5, Art. VIII).

5. Local government units- power to enact ordinances (Local Government Code of

1991)

Question: What is an Ordinance?

Answer: An ordinance means an act passed by the local legislative body in

the exercise of its law-making authority.

Barangay ordinance, Municipal or City and Provincial Ordinance

It is passed by majority vote of council members. In cases of municipality or

city, it is submitted to the mayor.

If such is enacted for ten (10 days). It is now considered passed,

In cases of provinces, it must be acted upon by the Governor. Thus, if not

acted upon for fifteen (15 days), considered now as passed.

In cases of vetoed ordinance, it may be passed by a vote of 2/3 of council

members and subject to review by Sangguniang Bayan o Panglunsod/Sangguniang
Panlalawigan.

If there is no action in thirty (30) days, ordinance will be presumed consistent

with laws and considered valid.

9
End Notes

1. Legal dictionary by Farlex

2. Sutherland, Statutory Construction, pp. 227-228

3. ibid

4. U.S Legal, Inc

5. Crawford, Statutory construction, p. 104

6. Legal dictionary by Farlex

7. Dwaris on Statute, p. 74

8. Ibid, p. 71

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REVIEW QUESTIONS NO.1

I. Write briefly but substantially (5 points each)

Please avoid erasures

1. What is a Statute?

2. What is Statutory Construction?

3. Distinguish judicial legislation from statutory construction:

II. Define the following concepts: (2 points for every correct answer)

1. Public Statute

2. General

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3. Special

4. Local

5. Private

6. Curative

7. Penal

8. Prospective

12
9. Retrospective

10. Declaratory

III. Enumerate the kinds of statutes and describe each.

13
UNIT II

CHAPTER II

STATUTES, PARTS OF STATUTES AND THEIR ENACTMENT

DURATION

Nine (9) hours is the allotted time for Chapter II

INTRODUCTION

Statutes are the laws of a state enacted by the legislature

Most legislative proposals are drafted in the form of bills and must approved
by both chamber and signed by the President or repassed by Congress over a
presidential veto, then procedural requirements must be complied with and from
there, they become laws,

OBJECTIVES

1. To Understand existing laws and how it is affected by a bill;

2. Most of the time, the difficulty arises because of the way the statute is
constructed. Thus, one of the objectives is that in this chapter, the students will learn
how to read a statute.

3. To determine what are the parts of statute as well as their functions.

4. To study cases in relation to Statutes, Parts of Statutes and their Enactment.

14
PRE-TEST

UNIT II

CHAPTER II

STATUTES, PARTS OF STATUTES AND THEIR ENACTMENT

Find and encircle all the direction words that are hidden in the grid. The

words may be hidden in any direction.

Words to look for:

1. Enacting Clause

2. Refilling Clause

3. Separability Clause

4. Bill

5. Hodge-podge

6. Log-rolling

7. Preamble

8. Del Rosario vs. Carbonell

9. Vague

10. Contravene

15
D E L R O S A R I O V S C A R B O N E L L P O I NM L K I J H G F D D C B A
T QW E R T Y U I O P A S D F G H J K L Z X C V B NM L K J H G F R D S A Q
A K I H G F D E D A B C Z X C V N BM P O I U Y T R E WQM N B V E C X Z L
T L M N O P Q R S T U V WX Y Z A B A C D E F G H J I NM L K O P S Q R T O
U A Z Y XWV U T S R Q P O NM L K J M J I H G F E D C B A Z Y X I WV U G
T B D F G F QWE R T Y U I O P A S D F B G H J K L Z X C V B NMD A S D R
E C S G H D J H G F D S A O I U Y T R E W I QMN B V C X Z L K J E H G F O
A D A H I S K E Z X C V B NMA B C D E F I G E L BMA E R P Q R N U V Y L
B E P J K A B N D E F G H I J K L MN O P Q R U S T U VWX Y Z A T B C R L
C F O K L P T A V Q W X Y Z A B C D E F G H I J I K L MN O P Q R I O D Q I
D G U L A O A C C D E F G H I J K L MN O P Q R S T U VWX Y Z B N E E P N
E H I Z B I E T C B A Z Y XWV U T S R Q P O NM L Y K J H G D T L F F O G
F I Y X C U F I I J K L MN O P E Q R S T U V QWX Y Z A B C R E D G G N B
G J T C D Y G N D C B A Z Y X B V U T S R Q P O NM L K J I A G F E H HMC
H K R E E T L G G I H G F D C V I A Z Y XWQ V U T S R Q V O NMG I I L F
V L W C F RMC O P Q R S T U V T L X Y Z A B C D E F G E I J K L R J J K D
AMQ V G E L L J I H G F E C B A D L Y XWV U T S R N O P N M L E K K J E
G O N B HWP A R S T U VWX Y R A B C D E G F I J E L MN O P Q R S L I F
U P Q N MQ O UM L K J I H O D G E P O D G E Y XWV U T S R Q P O NMH G
E E W V Q V U S S R U Q O P I N CM L K J I G H F E D C B A Z Y XWV U T S
N R S T U VWE Y X A B C D E F G H I J K L MN O I T A L U G E R N O P Q R
O J U D I C I A L L E G I S L A T I O N Q P O NM L K J I U H G F E D C B A
I U Y T R E WQM N B V C X Z L K J H G F D S A P O I U Y T R E WQMN B V
P A S D F G H J K L Z X C V B NMQWE R T Y U I O P A S D F G H I J K L C
P E O P L E O F T H E P H I L I P P I N E S V S E U S E B I O N A Z A R I O
WX Y Z A B C D E F G H I J K L MN O P Q R S T U VWX Y Z Q WE R T Y U I
A B D C E F G H I J K L MN O P Q R S T U V Z Y XWV U T S R Q P O NM L K
K L M N O E X E C U T I V E O R D E R P Q R S T U VWX Y Z A B C D E F G H
QWV B NM Z X C V A S A B S C B NMQWR T E S U A L C G N I L L I F E R
A Z P O I U Y T R E W Q MN B V C X Z L I K J H G F D S A P O I Y U T R E W
S E P A R A B I L I T Y C L A U S E A C B C V B NMQ E V I T N A T S B U S

16
PARTS OF A STATUTE

A. Title – this refers to the heading on the preliminary part, with the name by which
the act is known, giving a general statement and calls attention to the subject matter
of the act.

SIMEON G. DEL ROSARIO, petitioner, vs. UBALDO CARBONELL, JAIME N.

FERRER, LINO PATAJO and CESAR MILAFLOR, respondents G.R. No. L-32476
October 20, 1970

FACTS:

This petition for declaratory relief was filed Pursuant to Sec. 19 of R.A. No.
6132, praying that the said R.A. be declared unconstitutional.

It was filed by petitioner Simeon G. del Rosario against the National Treasurer,
Chairman and members of the Commission on Elections, praying that the entire R.A.
No. 6132 be declared unconstitutional.

The Solicitor General filed his answer to the petition in behalf of respondents.

ISSUE:

Whether or not R.A. No. 6132 is unconstitutional because for the petitioners, it
embraces more than one subject, thus violative of paragraph 1, Sec. 21 of Art. VI of
the Constitution, simply because it failed to include the phrase "TO PROPOSE
AMENDMENTS TO THE CONSTITUTION OF THE PHILIPPINES."

"An Act Implementing Resolution of Both Houses Numbered Two as

Amended by Resolution of Both Houses Numbered Four of the Congress of the
Philippines Calling for a Constitutional Convention, Providing for Proportional
Representation Therein and Other Details Relating to the Election of Delegates to
and the Holding of the Constitutional Convention, Repealing for the Purpose
Republic Act Four Thousand Nine Hundred Fourteen, and for Other Purposes." is
the title of the law.

Thus, the inclusion of the phrase "To propose amendments to the Constitution
of the Philippines" is superfluous and therefore unnecessary; because the very title
expressly states that the act implements Resolutions of Both Houses Nos. 2 and 4,
respectively of 1967 and 1969, and both Resolutions Nos. 2 and 4 likewise
categorically state in their titles that the Constitutional Convention called for therein is
"to propose amendments to the Constitution of the Philippines," which phrase is
reiterated in Sec. 1 of both Resolutions.

HELD:

The power to propose amendments to the fundamental law of the land is

implicit in the call for the convention itself.

Thus, the requirement that only one subject shall be embraced in the bill
which shall be expressed in the title thereof was not violated.

17
More so, it is not required that the title of the bill be an index to the body of the
act or be comprehensive enough in matters of details and information. It is enough
that it indicates the general subject and reasonably covers all the provisions of the
act so as not to mislead Congress or the people. All the details provided for in R.A.
No. 6132 are germane to and are comprehended by its title.

A. Preamble – states the reasons for its enactment and the objects sought to be
accomplished.

Example:

We, the sovereign Filipino people, imploring the aid of Almighty God, in order
to build a just and humane society, and establish a Government that shall embody
our ideals and aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity, the blessings of independence
and democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace, do ordain and promulgate this Constitution.

B. Enacting clause – It is the part that indicates the authority promulgated the
enactment. “Be enacted” is the usual phrase used to start this part of the statute.

Example:

“Be it enacted by the Philippine Senate and House of Representatives of the

Republic of the Philippines in Congress assembled.”

C. Body – the main part of the statute consisting its subject matter.

As a general rule, the body of the statute is divided into articles, titles,
chapters and section; there is however no constitutional provision requiring such
divisions2

Example:

ARTICLE III

BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or \property without due

process of law, nor shall any person be denied the equal protection of the laws.

D. Repealing Clause -refers to the clause which announces the legislative intent to
terminate or revoke another statute or statutes.

Example: Sec 16. Repealing Clause. - All laws or parts of any law inconsistent
with the provisions of this Act are hereby repealed or modified accordingly.2

E. Saving Clause –it restricts a repealing act, which is intended to save rights,
powers, pending proceedings and the likes which would result from an unrestricted
repeal.

18
Example:

If this Agreement or any portion thereof shall be invalidated on any ground by

any court of competent jurisdiction, the Company shall nevertheless indemnify the
Indemnitee to the full extent permitted by any applicable portion of this Agreement
that shall not have been invalidated or by any other applicable law.3

What is Proviso?

Is a clause added to an enactment for the purpose of acting as a restraint

upon or as a qualification of, the generality of the language which it follows 4

Commonly found at the end of a section, provision, and introduced by the

following:

1. Provided

2. but nothing herein

But the use of “provided” does not necessarily make the provision a proviso.
(Bautista v. Fule G.R. No. L-1577)

F. Separability Clause – provides that in the event that for any reason, one or any
section or provision of the statute is invalid or unconstitutional, the remaining
provisions shall still be in force and will not be affected thereby.

Example: Separability Clause. - If any provision of this Act is held invalid, the
other provisions not affected thereby shall continue in operation.

G. Effectivity Clause – announces the effective date of the law.

Article 2. Laws shall take effect after fifteen days following the completion of
their publication in the Official Gazette, unless it is otherwise provided. This Code
shall take effect one year after such publication.

The Enrolled Bill Theory

An enrolled bill is a copy of the bill passed and prepared for the signature of
the Presiding Officers of both houses and the President 5 It is an attestation that the
bill has passed the two houses6

Art VI, Section 26 of the 1987 constitution provides: (2) No bill passed by either
House shall become a law unless it has passed three readings on separate days, and
printed copies thereof in its final form have been distributed to its Members three days
before its passage, except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.

19
Veto power of the President

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes
a law, be presented to the President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with his objections to the House
where it originated, which shall enter the objections at large in its Journal and
proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members
of such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that House, it shall become a law. In all
such cases, the votes of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall become a law as
if he had signed it.

(2) The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items
to which he does not object.

Statutes which should be strictly construed:

1. Penal statutes - Those which define crimes, treat of their nature, and provide for
their punishment, which must be strictly construed against the State and liberally in
favor of the accused (People v. Subido G.R. No. L-21734 September 5, 1975)

2. Statutes in derogation of rights - The police power of the state may be invoked in
this kind of statute

Thus, Legislature may enact laws curtailing or restricting rights of the people if they
are in derogation of common or general rights.

2.1. Statutes authorizing expropriations

2.2. Statutes imposing taxes and custom duties

2.3 Statutory grounds for removing officials

3. Statutes granting privileges -It is said that grants creating special privileges or
monopolies for the grantees should strictly comply with the provisions “privilegia
recipient largam interpretationem voluntati consonam concedentis.” (Privileges are to
be interpreted in accordance to the will of him who grants them)

3.1 Legislative grants to local government units

3.2 Naturalization laws

3.3 Statutes granting tax exemptions

4. Statutes prescribing formalities of will - shall be construed strictly due to the

nature of the subject.
20
5. Statutes authorizing suits against the government- Sec. 3 Art. XVI of the 1987
Constitution provides that the State may not be sued without its consent.

6. Exceptions and provisos- settled is the rule that exceptions and provisos restricts
the enactment of the statutes.

Statutes liberally construed

1. General social legislation- These are statutes enacted to implement the social
justice and protection to labor under the provisions of the Constitution.

2. Grant of power to local governments- Self-government is being encouraged to full

autonomy.

3. Statutes prescribing prescriptive period to collect taxes- In consonance with the

life-blood theory, that taxes are the lifeblood of the government.

4. Statutes imposing penalties for nonpayment of taxes- design to festinate

payments of taxes and punish tax evaders.

5. Election laws- to vouch safe the will of the electorate in choosing their
representatives.

6. Amnesty proclamations- statutes are liberally construed to encourage the return to

the fold of law those who previously violated provisions of the law.

7. Statutes prescribing prescriptions of crimes- it is in the nature of amnesty and

should be liberally construed in favorable to the accused

8. Adoption statutes- Must be construed liberally favorable to the child adopted.

9. Veteran and pension laws- Since Veterans laws are expression of gratitude to and
recognition of those who rendered service to the country, statutes must be liberally
construed. (Ginete v. Arcange G.R No. L-28358)
10. Rules of Court- must be liberally construed because of being procedural in
nature.

Arcilla v. Arcilla

G. No L-46674, Sept 16 1985

This case is about the annulment of sale. The petitioners did not attend the
pre-trial and filed after the prescribed period. As a result, the trial court continued
with the litigation and allowed the presentation of evidence without notice to the other
party.

The court ruled that although the Rules of Court are procedural, it should not
be ignored, belittled or dismissed. They are required to be followed except for the
most persuasive reasons.

21
11. Other statutes

Effectivity of Statutes

Lorenzo Tañada vs Juan Tuvera

146 SCRA 446

FACTS:

Lorenzo Tuvera et al failed to publish in the Official Gazette the unpublished

presidential issuances which are of general application. Tuvera et al moved for
reconsideration and clarification.

ISSUE:

Whether or not publication should be made in the Official Gazette or

elsewhere as long as the people were sufficiently informed.

HELD:

The Supreme Court decided that it cannot rule upon the wisdom of a law or
repeal or modify it if it finds the same as impractical because such is the function of
the legislative branch of the government, The Supreme Court „function is to interpret
and apply the law as conceived and approved by the political departments of the
government, according to valid procedure and processes. Here, the Court declared
that all laws shall immediately upon their approval or as soon thereafter as possible,
be published in full in the Official Gazette and will be effective only after 15 days from
their publication, or on another date, provided and specified by the legislature, in
consonance with Article 2 of the Civil Code. The clause “unless otherwise provided”
means the date of publication and not the requirement of publication.

In cases of Municipal or City and Provincial ordinances:

It is passed by majority vote of council members thereafter submitted to the

mayor (in cases of Municipality or city).

If such is enacted for ten (10 days, the ordinance is now considered passed.

In cases of provinces, it must be acted upon by the Governor. Thus, if there is

an inaction for fifteen (15 days), such ordinance is considered as passed

In cases of vetoed ordinance, it may be passed by a vote of 2/3 of council

members and subject to review by Sangguniang Bayan or Panglunsod/Sangguniang

Panlalawigan.

If there is no action in thirty (30) days, ordinance will be presumed consistent

with laws and considered valid.

22
End Notes

1. Statutes by Alcantara, samson, 1993

2. Ibid

3. Ibid,

4. Crawford, Statutory Construction, Sec 13, P 129

5. Ibid

6. Statutes by Alcantara, Samson, 1993

23
REVIEW QUESTIONS NO. 2

I.ENUMERATE AND DEFINE THE PARTS OF A STATUTE

24
II. DISCUSS THE VETO POWER OF THE PRESIDENT

III. What are the Statutes which should be strictly construed? Please explain.

25
26
IV. What are the Statutes which should be liberally construed? Please explain.

27
28
29
V. DISCUSS BRIEFLY BUT SUBSTANTIALLY.
Lorenzo Tañada vs Juan Tuvera 146 SCRA 446

30
UNIT III

CHAPTER III

BASIC GUIDELINES IN THE CONSTRUCTION AND

INTERPRETATION OF LAWS

DURATION:

TEN (10) hours is the allotted time for Chapter II

INTRODUCTION

The court invokes rules of procedure that will impartially satisfy the sense of
rational, logical interpretation and sense of fairness and justice.

Judges first considered the ordinary, plain meaning of the words and phrases
as well as the general context, thereafter, if there are absurd phrases or term,
legislative purpose or intent will soon be taken into consideration.

MOST ESSENTIAL LEARNINGS COMPETENCIES (MELCS)

1. To learn the “mischief rule” of construction and interpretation of statutes.

2. To be aware of the techniques in the rules of language to best interpret the

statutes or ordinances.

OBJECTIVES:

1. To guide students on how to interpret statutes in their natural and logical way as to
convey the intent of the Legislature;

2. To be able to avoid obscurity and absurdity in the interpretation of laws;

3. To learn different Latin maxims and the principles behind the terminologies in
relation to the interpretation of statues, ordinances, resolutions and laws.

31
PRE-TEST
UNIT III

CHAPTER III
BASIC GUIDELINES IN THE CONSTRUCTION AND
INTERPRETATION OF LAWS

Find and encircle all the direction words that are hidden in the grid. The

words may be hidden in any direction.

Words to look for:

1. Verbal Legis

2. Legislative Intent

3. Spirit and Purpose of the law

4. Casus Omissus

5. Stare Decisis

6. Intrinsic

7. Extrinsic

8. Go Choco vs. Martinez

9. Expressio Unius Est Exclusio Alterus

10. Contravene

32
D E L R C S A R I O V S C A R B O N E L L P O I NM L K I J H G F D D C B E
T QW E A T Y U I O P A S D F G H J K L Z X C V B NM L K J H G F R D S A X
A K I H S T A R E D E C I S I S A B C D O I U Y T R EWQM N B V E C X Z P
T L M N U P Q R S T U VWX Y Z A B A C D E F G H J I NM L K O P S Q R T R
U A Z Y S WV U T S R Q P O NM L K J M J I H G F E D C B A Z Y X I WV U E
T B D F O F QW E R T Y U I O P A S D F B G H J K L Z X C V B NMD A S D S
V C S G M D J H G F D S A O I U Y T R EW I QMN B V C X Z L K J E H G F S
E D A H I S K E Z X C V B NMA B A D E X I G E L BMA E R P Q R N U V Y I
R E P J S A B N D E F G H I J K L MN O P T R U S T U VWX Y Z A T B C R O
B F O K S P T A V QW X Y Z A B C D E F G H R J I K L MN O P Q R I O D QU
A G U L U O A C C D E F G H I J K L MN O P Q E S T U VWX Y Z B N E E P N
L H I Z S I E T C B A Z Y XWV U T S R Q P O N N L Y K J H G D T L F F O I
E I Y X C U F I I J K L MN O P E Q R S T U V QW S Y Z A B C R E D G G NU
G J T C D Y G N D C B A Z Y X B V U T S R Q P O NM I K J I A G F E H HMS
I K R E E T L G C I S N I R T N I A Z Y XWQ V U T S C Q V O NMG I I L E
S L W C F RMC O P Q R S T U V T L X Y Z A B C D E F G E I J K L R J J K S
S MQ V G E L L J I H G F E C B A S I I C O S R U T I C S O NM L E K K J T
A O N B H WP A R S T U VWX Y R A B C D E G F I J E L MN O P Q R S L I E
B P Q N M Q O UM L K J I H O D G E P O D G E Y XWV U T S R Q P O NMH X
C EW V Q V U S S R U Q O P I N CM L K J I G H F E D C B A Z Y XWV U T C
D R S T U VWE Y X A B C D E F G H I J K L MN O I T A L U G E R N O P Q L
E L E G I S L A T I V E I N T E N T O N Q P O NM L K J I U H G F E D C B U
I U Y T R E WQMN B V C X Z L K J H G F D S A P O I U Y T R EWQMN B S
P A S D F G H J K L Z X C V B NMQW E R T Y U I O P A S D F G H I J K L I
P E O P L E O F T H E P H I L I P P I N E S V S E U S E B I O N A Z A R I O
WX Y Z A B C D E F G H I J K L MN O P Q R S T U VWX Y Z QW E R T Y U A
A B D C E F G H I J W A L E H T F O E S O P R U P D N A T I R I P S NM L L
K L M N O E X E C U T I V E O R D E R P Q R S T U VWX Y Z A B C D E F G T
G O C H O C O V S MA R T I N E Z A S D F G H J K L QW E R T Y Z X C V B E
A Z P O I U Y T R EW QMN B V C X Z L I K J H G F D S A P O I Y U T R E R
S E P A R A B I L I T Y C L A U S E A C B C V B NMQ E V I T N A T S B U U
F D S A P O I U Y T R EWQ V U T S R Q P O NM L K J I H G F D E D C B A S

33
LEGISLATIVE INTENT

The object of all interpretation and construction of statutes is to ascertain the

meaning and intention of the legislature, to the end that the same may be enforced.
(Agpalo, 2005).

Legislative intent is determined principally from the language of the statute

(Sec. 33).

STATUTES AS A WHOLE

A cardinal rule in statutory construction is the fact that legislative intent must
be ascertained, within the holistic overview and not merely of a particular provision.

A word or phrase might easily convey a meaning which is different from the
one actually intended.

Moreover, a statute should be construed as a whole because it is not to be

presumed that the legislature has used any useless words, and because it is
dangerous practice to base the construction upon only a part of it, since one portion
may be qualified by other portions (Farlex).

SPIRIT AND PURPOSE OF THE LAW

If ambiguity or mischievous consequences will be the effect of interpreting

statutes or likewise contravene the purpose of the legislature in the enactment of
said statute, it should be construed and interpreted according to the spirit and reason
of the enactment.

Question: What if there are instances of ambiguity?

Answer: As a general rule, a statute is not subject to interpretation or

construction. However, if the language is ambiguous when taken to a relation to a
set of facts, or reasonable minds disagree as to its meaning, then interpretation or
construction becomes necessary (50Am, Jur, Sec. 225, p 205).

Ambiguity exists if reasonable individuals can find different meanings or

interpretation in a statute, document or the likes.

Further, a statute is ambiguous if it is admissible of two or more possible

meanings. If the law is clear and unequivocal, the Court has no other alternative but
to apply the law and not to interpret. (Agpalo, 2005)

People of the Philippines vs. Eusebio Nazario. G.R. No. L-44143

Facts:
Petitioner was charged with violation of Section 1 of a municipal ordinance of
Pagbilao, in Quezon, providing that “any owner or manager of a fishponds in places
within the territorial limits of the town shall pay a municipal tax in the amount of
P3.00 per hectare of fishpond or part thereof per annum.”. Said petitioner maintains
his stand that the aforementioned ordinance is null and void because of its ambiguity
34
and he is just a mere lessee. Likewise claiming that the ordinance in question is ultra
vires as it is outside of the power of the municipal council of Pagbilao, Quezon, to
enact.
Issues:
Whether or not said ordinance is ambiguous and uncertain; and whether or
not such act is considered as ultra vires?
Ruling:
As a rule, a statute or act may be said to be vague when it lacks
comprehensible standards that men "of common intelligence must necessarily guess
at its meaning and differ as to its application." Further, when the statute is repugnant
to the Constitution in two respects: (1) it violates due process for failure to accord
persons, especially the parties‟ targeted by it, fair notice of the conduct to avoid; and
(2) it leaves law enforcers unbridled discretion in carrying out its provisions and
becomes an arbitrary flexing of the Government.
The ordinance at bar cannot be said to be tainted with the vice of vagueness.
As the actual operator of the fishponds, he comes within the term "manager". He
does not deny the fact that he financed the construction of the fishponds, introduced
fish fries into the fishponds, and had employed laborers to maintain them.
While it appears that it is the National Government which owns them, the
Government never shared in the profits they had generated. It is therefore only
logical that he shoulders the burden of tax under the said ordinances.
To the Court, the ordinances in question set forth enough standards that
clarify imagined ambiguities.
While such standards are not apparent from the face thereof, they are visible
from the intent of the said ordinance
The Court finds no merit in this contention. As the Solicitor General explains,
essentially, Ordinances Nos. 12 and 15 are in the nature of curative measures
intended to facilitate and enhance the collection of revenues.

CONSTRUCTION AND INTERPRETATION

In the Philippines, construction and interpretation of written laws belong to the

judicial department.

In the case of Caltex (Phil.), Inc., vs. Palomar, G.R. No. L-19650, the court
describe what interpretation or construction of statute means. Interpretation or
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.
Construction, as a process, for determining the meaning of statutes, drawing of
conclusions with respect to subjects which lie beyond the direct expression of the
text from elements known from, and given in, the text; while interpretation is limited
to the exploration of the written text itself. (82 C.J.S. Sec 311. p. 529).

The rules of statutory construction are used to ascertain legislative intent, in

the truest sense of the word but they are not considered as rules of law. Legislative
35
intent must always be given preferences because it is known as the spirit which
gives life to legislative enactment

In fact, the modern terminology with regard to the science or art of

construction and interpretation is known as hermeneutics, according to Dr. Lieber.

The Courts of Justice has a duty to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government. (Official
Gazette)

Supreme Court is the one and only Constitutional Court and all other lower
courts are statutory courts and such lower courts have the power to construe and
interpret written laws (Agpalo, 2005).

SUBJECTS OF CONSTRUCTION AND INTERPRETATION

According to an author, constitution, statutes, which include ordinances.

Resolutions, executive orders and department circulars are basically the subjects of
construction and interpretation.

Before the court may use its power to construe, there must be ambiguity in
the language of the statute. Therefore, where there is no ambiguity, there is no room
for construction but only to apply the law.

POWER TO CONSTRUE

The duty and power to interpret or construe a statute or the Constitution

belongs to the judiciary (Sec. 4 Par. 2, Art. VIII).

In the case of Endencia vs David, G.R. No. L-6355-56, The Supreme Court
held that the legislature has no power to overrule the interpretation made by the
Court. Thus, the legislature cannot, by law or resolution, modify or annul the judicial
construction without modifying or repealing the very statute which has been subject
of construction.

Exceptions:

1. When the Supreme Court reverses itself

2. By amending the Constitution

3. By enacting a new statute

36
WHEN THE LAW DOES NOT DISTINGUISH, COURTS SHOULD NOT
DISTINGUISH

When the law does not distinguish, courts should not distinguish. The rule,
founded on logic, is a corollary of the principle that general words and phrases of a
statute should ordinarily be accorded their natural and general significance (Agpalo,
2005)

The courts should administer the law not as they think it ought to be but as
they find it and without regard to consequences (ibid)

Therefore, if the law makes no distinction, neither should the Court.

EXCEPTIONS

As provided in several doctrines, when the law does not make any exception,
courts may not except something unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS

As a rule, general terms in a statute are to receive a general construction,

unless retrained by the context or by plain inferences from the scope and purpose of
the act.

General terms or provisions in a statute may be restrained and limited by

specific terms or provisions with which they are associated. (Alcantara, 1993)

Special terms in a statute may sometimes be expanded to a general

signification by the consideration that the reason of the law is general. (ibid)

COMMONLY ACCEPTED MEANING OF WORDS (SEC 34)

As a general rule, words do not acquire peculiar and different meaning when
used in a statute.

Ordinarily, they are to be given their usual, natural, plain, ordinary and
commonly understood meaning (Agpalo, 2015).

Question: What is the Doctrine of necessary implications?

Answer: What is implied in a statute is as much a part thereof as that which is

expressed.

THE CONCEPT OF VERBA LEGIS

One of the rules of interpretation of a statute is that: If the language of the

statute is plain and seems no words or phrases that is ambiguous and expressing a
37
definite and sensible meaning, such meaning is conclusively presumed to be the
meaning which the legislature intended to convey.

Verba legis (Plain meaning rule). Where the law speaks in clear and
categorical language, there is no room for interpretation. There is only room for
Application. (Cebu Portland Cement v. Municipality of Naga,G.R. Nos. L-24116-17).

CASUS OMISSUS

Whenever a statute makes specific provisions with respect to several

enumerated cases or objects, but omits to make any specific provision for a case or
object which is analogous to those have been enumerated, or if stands upon the
same reason, and is therefore within the general scope of such statute, and it
appears that such case or object was omitted by inadvertence or because it was
overlooked or even unforeseen, it is called a “casus omissus”. Such omissions or
defects cannot be supplied by the courts. 1

The rule of “casus omissus pro omisso habendus est” can operate and apply
only if and when the omission has been clearly established. 2

MOTOOMULL AND LACSON VS. DELA PAZ, ET.AL

G.R. No., 45392, July 24, 1990

FACTS: An appeal was made to the Court of Appeals because of the decision
made by the Securities and Exchange Commission (SEC) declaring the issuance of
additional shares as null and void.

The Court of Appeals however held that it had no jurisdiction to issue the writ
of preliminary injunction prayed for. Hence, this petition for review on certiorari.

RULING: Respondent Court of Appeals ruled that the word “court” in the said
section refers to the Court of Agrarian Relations and not the Court of Appeals, the
former belongs to the group of bodies whose decision under RA 5434 is appealable
to the latter.

According to the maxim noscitur a sociis, where a particular word or phrase is

ambiguous on itself or is equally susceptible of various meanings, its constructions
may be made clear and specific by considering the company of words in which it is
found or which it is associated. (Luzon Stevedoring Co. v. Trinidad, 43 phil 804
[1922]).

38
STARE DECISIS

It is the doctrine that, when court has once laid down a principle, and apply it
to all future cases, where facts are substantially the same, regardless of whether the
parties and properties are the same.3

“Stare decisis et non quieta movere” (follow past precedents and do not
disturb what has been settled).

Interpretation given by the Supreme Court forms part of that statute itself and
of the legal system and comes from that branch entrusted with the duty to construe
or interpret the law.

PRINCIPLE OF GENERAL TERMS FOLLOWING SPECIAL TERMS (EJUSDEM

GENERIS)

It is a general rule under statutory construction that where general words

follow an enumeration of persons or things, by words of a particular and specific
meaning, such general words are not to be construed in their widest extent, but are
to be held as applying only to persons or things of the same general kind or class as
those specifically mention ed. (Crawford Statutory But this rule must be discarded
where the legislative intention is plain to the contrary.

This rule is commonly called the “ejusdem generis” rule, because it teaches
us that broad and comprehensive expressions in an act, such as “and all others”, or
“any others”, are usually to be restricted to persons or things “of the same kind” or
class with those specially named in the preceding words.

Rule of ejusdem generis is merely a tool of statutory construction and being

resorted to when legislative intent is uncertain.

MUTUC VS. COMMISSION ON ELECTIONS

G.R. No. L-32717, November 26, 1970

FACTS: Petitioner is a candidate for the position of delegate to the Constitutional

Convention impugns in this special civil action for prohibition, the act of respondent
Commission on Elections in prohibiting him from using jingles in his mobile units
equipped with sound system and loud speakers, as violative of his constitutional right
to free speech. Respondent however contends it has authority to impose such
prohibition under Section 12 € of the Constitutional Convention Act (R.A No. 6132),
which makes unlawful the distribution, as electoral propaganda gadgets, of “pens,
lighters, flashlights, athletic goods or material, wallets, bandanas, shirts, bats,
matches, cigarettes and the like.”

RULING: The court ruled that what was done cannot merit our approval under the
well-known principle of ejusdem generis, the general words following any
39
enumeration being applicable only to things of the same kind or class as those
specifically referred to. It is quite apparent that what was contemplated in the Act
was the distribution of gadgets of the kind referred to as means of inducement to
obtain a favorable for the candidate responsible for distribution.

EXPRESS MENTION AND IMPLIED EXCLUSION

It is a general rule of statutory construction that the express mention of one

person, thing, or consequence is tantamount to an express exclusion of all others.
“Expressio unius est exclusio alterius”.

Exception to the rule are as follows:

1. When there is manifest of injustice

2. When there is no reason for exception.

ASSOCIATED WORDS (NOSCITUR SOCIIS)

Where the law does not define a word, it will be construed as having a
meaning similar to that of words associated or accompanied by it 5

NEGATIVE WORDS BEING USED IN THE STATUTES

According to an author, negative words and phrases regarded as mandatory

while those affirmative are mere directory.

The word “shall” emphasize mandatory character and means imperative,

operating to impose a duty which may be enforced. (Farlex)

IMPLICATION OF THE USE OF THE WORD “MAY” AND “SHALL” IN THE

STATUTE

“May” in the statute generally connotes a permissible thing, and operates to

confer discretion while the word “shall” is imperative, operating to impose a duty
which may be enforced.6

The term “shall” may be either as mandatory or directory depending upon a

consideration of the entire provision in which it is found, its object and consequences
that would follow from construing it one way or the other7

40
THE WORD “MUST” IN THE STATUTE

“Must” in a statute like “shall” is not always imperative and may be consistent
with an exercise discretion8

DISJUNCTIVE AND CONJUNCTIVE WORDS

As provided in several English grammar online, disjunctive words signify

disassociation and independence of one thing from each other enumerated (e.g.
“or”). Now, under the law the exceptions are; When the spirit or context of the law
warrants, it may be given a meaning as that of: (1) “and;” (2) “that is to say” (given
that which precedes it the same significance as that which follows it); or (3)
“successively” (in the order of).

Conjunctive words mean “together with,” “joined with,” “along or together with,”
“added to or linked to” used to conjoin word with word, phrase with phrase, clause
with clause. Exception: When the literal interpretation would pervert the plain
intention of the legislators as gleaned from the context or extraneous factors, it may:
(1) mean “or;” (2) restrict the meaning of a broad word (if there is a broad and the
other restrictive).

And/or means the effect shall be given to both the conjunctive and disjunctive,
that is taken according to the one that will best effectuate the purpose intended by
the legislature.

THE UNITED STATES VS.

WILLIAM C. HART, C. J. MILLER, and SERVILIANO NATIVIDA
GR NO. L-8848

FACTS: Hart, Miller, and Natividad, were the appellants and were arraigned in
the Court of First Instance of Pampanga for vagrancy the prosecution as to the
defendant Hart shows that he pleaded guilty and was convicted on a gambling
charge before his arrest on the vagrancy charge.

The evidence of the prosecution as to Miller was that he had the reputation of
being a gambler; that he pleaded guilty and was fined for participating in a gambling
game,

The defense showed without contradiction that Miller had been discharged
from the Army about a year previously; that during his term of enlistment he had
been made a sergeant; that he received rating as "excellent" on being discharged;
that since his discharge he had been engaged in the tailoring business near Camp
Stotsenberg under articles of partnership with one Burckerd, Miller having
contributed P 1,000 to the partnership;

The evidence of the prosecution as to Natividad was that he had gambled

nearly every night for a considerable time prior to his arrest on the charge of
vagrancy.

41
ISSUE: Whether or not Section 1 of Act No. 519 is divided into seven clauses,
separated by semicolons and each clause enumerates a certain class of persons
who, within the meaning of this statute, are to be considered as vagrants. For the
purposes of this discussion, we quote this section below, and number each of these
seven clauses.

(1) Every person having no apparent means of subsistence, who has the
physical ability to work, and who neglects to apply himself or herself to some lawful
calling; (2) every person found loitering about saloons or dram shops or gambling
houses, or tramping or straying through the country without visible means of support;
(3) every person known to be a pickpocket, thief, burglar, ladrone, either by his own
confession or by his having been convicted of either of said offenses, and having no
visible or lawful means of support when found loitering about any gambling house,
cockpit, or in any outlying barrio of a pueblo; (4) every idle or dissolute person or
associate of known thieves or ladrones who wanders about the country at unusual
hours of the night; (5) every idle person who lodges in any barn, shed, outhouse,
vessel, or place other than such as is kept for lodging purposes, without the
permission of the owner or person entitled to the possession thereof; (6) every lewd
or dissolute person who lives in and about houses of ill fame; (7) every common
prostitute and common drunkard, is a vagrant.

It is insisted by the Attorney-General that as visible means of support would

not be a bar to a conviction under any one of the last four clauses of this act, it was
not the intention of the Legislature to limit the crime of vagrancy to those having no
visible means of support.

Relying upon the second clause to sustain the guilt of the defendants, the
Attorney-General then proceeds to argue that "visible means of support" as used in
that clause does not apply to "every person found loitering about saloons or dram
shops or gambling houses," but is confined entirely to "or tramping or straying
through the country, intended for "without visible means of support" to qualify the first
part of the clause, either the comma after gambling houses would have been omitted,
or else a comma after country would have been inserted.

When the meaning of a legislative enactment is in question, it is the duty of

the courts to ascertain, if possible, the true legislative intention, and adopt that
construction of the statute which will give it effect.

The construction finally adopted should be based upon something more

substantial than the mere punctuation found in the printed Act. If the punctuation of
the statute gives it a meaning which is reasonable and in apparent accord with the
legislative will, it may be used as an additional argument for adopting the literal
meaning of the words of the statute as thus punctuated.

But an argument based upon punctuation alone is not conclusive, and the
courts will not hesitate to change the punctuation when necessary, to give to the Act
the effect intended by the Legislature, disregarding superfluous or incorrect
punctuation marks, and inserting others where necessary.

HELD: The most important step in reasoning, necessary to make it sound, is

to ascertain the consequences flowing from such a construction of the law. What is
loitering? The dictionaries say it is idling or wasting one's time. The time spent in
42
saloons, dram shops, and gambling houses is seldom anything but that. So that
under the proposed construction, practically all who frequent such places commit a
crime in so doing, for which they are liable to punishment under the Vagrancy Law.
We cannot believe that it was the intention of the Legislature to penalize what, in the
case of saloons and dram shops, is under the law's protection. If it be urged that
what is true of saloons and dram shops is not true of gambling houses in this respect,
we encounter the wording of the law, which makes no distinction whatever between
loitering around saloons and dram shops, and loitering around gambling houses.

A further thought suggest itself in connection with the punctuation of the

paragraph in question. The section, as stated above, is divided into seven clauses,
separated by semicolons. To say that two classes of vagrants are defined in
paragraph 2, as to one of which visible means of support or a lawful calling is not a
good defense, and as to the other of which such a defense is sufficient, would imply
a lack of logical classification on the part of the legislature of the various classes of
vagrants. This we are not inclined to do.

Ratio legis

It means spirit of the law.

We have to take a step away from the literal interpretation of the law. One of
the bases is the Latin maxim “ratio legis e.t anima legis (the reason of the law is its
soul) and likewise, “ratione cessat lex et cessat lex” (when the reason of the law
ceases, the law ceases)

Judicial ruling cannot be given retroactive effect

The principle is applicable if will impair vested rights and the parties relied on
it in good faith.

In the case of DAR v. Sutton G.R No. 162070, respondent inherited a land,
which is devoted for cattle breeding and availed voluntary offer to sell because of
incentives, but thereafter withdrew it after the Court promulgated the doctrine
exempting agricultural lands used for poultry and livestock breeding. Petitioner only
granted partial exemption on the basis of an administrative order issued.

The ruling of the Court should be enforced. In its interpretation in Luz Farm
case, it clearly declared the exemption of said lands used in poultry and livestock.
Further, the administrative order providing for a 1:1 ratio is unconstitutional. Although
the DAR may issue orders and regulation, these are subject to judicial review.

The Maxim: lex prospicit, non respicit (the law looks forward, not backward)
must be likewise be enforced which is a reiteration that Judicial ruling cannot be
given retroactive effect if will impair vested rights and the parties relied in good faith.

43
PUNCTUATION AND GRAMMAR; AN AID TO CONSTRUCTION

It is said that the semi-colon (;) indicates separation in the relation of the
thought. But what follows is that it should be related to the one preceding it.

A semicolon is most commonly used to link (in a single sentence) two

independent clauses that are closely related in thought. When a semicolon is used to
join two or more ideas (parts) in a sentence, those ideas are then given equal
position or rank. Some people write with a word processor; others write with a pen or
pencil (www.writing.edu).

A period (.) is a mark used to indicate the end of the sentence.

Punctuation marks when used, gives the statute a meaning.

CAPITALIZATION RULES (ESL FORUMS.COM)

The rules governing the capitalization of letters in written English are as follows:
1. Capitalize the first word of every sentence (see emboldened letter of first word of
this sentence), and every new line.

2. Capitalize the first word of quoted sentences

3. Capitalize proper nouns.

4. Capitalize words derived from proper nouns.

5. Capitalize a person‟s title when

6. Capitalize cardinal directions when they are used to refer to specific locations.

7. Capitalize the first and last words in titles of publications, and all words in between
except for

8. Capitalize the pronoun “I”.

9. Capitalize the opening and closing of the letters.

10. Capitalize an interjection, an exclamation.

HEADNOTES OF EPIGRAPHS

When a statute is divided into several subjects or articles, having respective

appropriate headings, it must be presumed that the provisions of each are controlling
upon the subject thereof and operate as general rule for settling such questions
therein. (People of the Philippines vs. Yu Hai alias “HAYA” GR. Nos. L-9598, 38216
15 August 1956)
44
LANGUAGE

The original language when a statute is officially promulgated will prevail

NUMBER AND GENDER OF WORDS

A word in plural may include the singular, and vice versa. The masculine, but
not the feminine, includes all genders, unless otherwise provided or implied in the

Context.

TECHNICAL OR LEGAL MEANING

Words used in technical sense, or have been judicially construed to have a

certain meaning, or has a well-known legal meaning (Krivenko v. Register of Deeds
G.R. No. L-630).

OTHER LATIN MAXIMS RELEVANT TO STATUTORY CONSTRUCTION

1. „Index animi sermo est “(speech is the index of intention)

2. “Quando aliquid prohibetur ex directo, prohibetur et per oliquum”

3. “Ex dolo malo non oritur action” (no man can be allowed to found a claim upon
his own wrongdoing or inequity)

4. “Nullus commodum capere potest de injuria sua propria” (no man should be
allowed to take advantage of his own wrong)

5. “Generalia verba sunt generaliter intelligenda” (what is generally spoken shall be

generally understood)

6. “Generale dictum generaliter est interpretandum” (a general statement is

understood in a general sense)

7.” Ubi lex non distinguit nec nos distinguire debemos “(where the law does not
distinguish, courts should not distinguish)

8“Verba accipienda sunt secundum materiam” (a word is to be understood in the

context in which it is used)

9“Casus omissus pro omisso habendus est “(A person, object or thing omitted from
an enumeration must be held to have been omitted intentionally).

10“Ad proximum antecedens fiat relation nisi impediatur sententia” (relative words
refer to the nearest antecedent, unless the context otherwise requiresto which it
appears by context most appropriately related and most applicable)

45
End Notes

1. Statutes (Alcantara, 1993)

2. Ibid

3. ibid

4. Art 8, Civil Code of the Philippines

5. Co Kin Chan vs Valdez 75 Phil. 113

6. Statutory Constructions (Apalo, 2003)

7. Ibid

8. Ibid

9. ibid

46
REVIEW QUESTIONS NO.3

Define/ tell something about the following terms and concepts (5 points each)

1. When the law does not distinguish, courts should not

2. General and special terms

3. Ejusdem generis

4. Express mention and implied exclusion

5. Express mention and implied exclusion

6. Noscitur sociis

47
7. Use of negative words

8. The use of the word “may” and “shall” in the statute

9. Use of the word “must”

10. The use of the term “and” and the word “or”

II. Discuss the case of Mutuc vs. Commission on Elections

G.r. no. l-32717, November 26, 1970

(10 Points)

48
III. ENUMERATE OTHER LATIN MAXIMS RELEVANT TO STATUTORY
CONSTRUCTION

49
UNIT IV
CHAPTER IV
HOW DOES THE BILL BECOME A LAW?

DURATION

Nine (9) hours is the allotted time for Chapter IV

INTRODUCTION

A bill is a draft of a proposed and intended law.

It is the basic legal form of legislation. How a bill becomes a law is long
process to undertake and somewhat complicated.

Therefore, the following information provides focus on the most basic,

important steps of both substantive and procedural process.

MOST ESSENTIAL LEARNINGS COMPETENCIES (MELCS)

1. To have a knowledge as to how our laws are made;

2. To know the procedural process of making a law;

3. To learn how are laws being enacted

4. To explore and discover other matters related to the study.

50
PRE-TEST

UNIT IV:

CHAPTER IV

HOW DOES THE BILL BECOME A LAW?

Find and encircle all the direction words that are hidden in the grid. The

words may be hidden in any direction.

1. Congress

2. Proposal

3. Constitutional

4. Implied repeal

5. Express repeal

6. Act

7. Bill

8. Approved

9. Vetoed

10. Author

51
C O N G R E S S Q W D S A F R T Y G J H K L L L A
P L K M J U H N B G Y T F V C D R E S X X S C F P
L J A U T H O R E D E D S WD E S A R T P L O K P
P L M K O I J P R O P O S A L P L O K L O K O P R
P O K P O K J H U Y H Y T G B N M N B V C X Z A O
Z A Q W S X C D E R F V B G T Y H N M J U I K L V
O L K I U J N H M Y H N M N B G T R F V C F V C E
Q A S D C F R E D F G H J K L P O I U Y T R E E D
P R R F G T E E D D F G H J K L K I K I K K I L O
P L O K M I J N U H B Y G V T F C R D X E S Z W A
O I U Y T R E C O N S T I T U T I O N A L Q D F E
Q D F G H J K I O L P O L K I U J M N B H V G V C
X Z Z X C V V B V C F C D X S S Z Z A S F C V G T
T G T G G G G H B H G Y T R F E S WQ A P O I K U
J I M P L I E D R E P E A L P O I U Y T R E WW E
R T Y U I O A U T H O R L K J H G F D S A S D F G
H J K L K J E X P R E S S R E P E A L H J K I J U
H G F R D E S W S W A Q A S WA Q S W S X C Z Z X
C V F V F B G N H N H N J M K J M J K L P O K O L
O K I U H B V G Y F C D R T R E E E F F D F G V F
D A A A O O K I I N N B V H Y G I K I K J U J H P
O I U Y T R E W Q A S D F G QW E R T Y T Y U I O
P L K J H G F D S A Z X C V B N M L K J H G F D S
A P O I U Y T R E W Q Q A Q S D F G H J K L O P L
A C T N M B I L L M N B V C X Z A S D V E T O E D

52
Question: What is a bill?

Answer: Bill is the draft of a proposed law from the time of its introduction in a
legislative body through all the various stages in both houses. It is enacted into law
by a vote of the legislative body. 1

An “Act” is the appropriate term for it after it has been acted on and passed by
the legislature. It then becomes a statute, the written will of the legislature solemnly
expressed according to the form necessary to constitute it as the law of the state. 2

HOW DOES A BILL BECOMES A LAW?

In the primer released as Introduction to Philippine Legislative Process,

hereunder are the guides as to how a bill becomes a law:

1. Proposals and suggestions are taken from the President, government

agencies, private individuals, interest groups, and legislators themselves;
2. The author(s) then writes the bill and sign it before being filed with the
Secretary General;
3. The bill then goes through three readings.

1. The first reading consists of reading the title and author(s) and its
referral to the appropriate committee(s). The committee then studies
the bill and either submits it to the Committee on Rules or is laid on the
table.
2. The second reading comes after the bill has been included in the
Calendar of Business by the Committee on Rules. This is when
sponsorships, debates, and amendments take place. A vote is taken
after all the debates and amendments, after which the bill is either
archived or goes through a third reading.
3. The third reading happens when the bill goes through a final check and
vote via roll call. If it‟s approved, it is then sent to the other house,
where it goes through the same procedures. If not, it gets archived.
4. After going through three readings from both houses, the conference
committee of both houses ratifies the bill and submits it to the President for
signing. If, however, there are conflicts in the provisions proposed by both
Houses, a Bicameral Conference Committee is called upon to reconcile them.
5. Once received by the Office of the President, the bill can take one of three
routes:

1. Approved. Once it is approved by the President, it becomes a Republic

Act and takes effect 15 days after publication in the Official Gazette or
at least two national newspapers of general circulation;

53
2. Vetoed. The bill is returned to the originating house with an explanation
on why it was vetoed. The house can either accept the veto or override
it with a 2/3 (majority) vote, after which it is essentially approved, and
takes effect 15 days after being publicized.
3. Lapsed into law. A bill is said to have lapsed into law if the President
fails to act on it within 30 days after receiving the bill. It takes effect 15
days after being publicized.

CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL

1. Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof.

2. No bill passed by either House shall become law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been
distributed to each member three days before its passage.

3. Every bill passed by the Congress shall, before it becomes a law, be presented to
the President. The executive approval and veto power of the President is the third
important constitutional requirement in the mechanical passage of a bill.

REPEALS OF STATUTE

1. Express repeal – is the abrogation or annulling of a previously existing law by the

enactment of a subsequent statute which declares that the former law shall be
revoked and abrogated. 1

2. Implied repeal – when a later statute contains provisions so contrary to

irreconcilable with those of the earlier law that only one of the two statutes can stand
in force. The repeal of a penal law deprives the court of jurisdiction to punish persons
charged with a violation of the old penal law prior to its repeal. 2

Only a law can repeal a law.

The intention to repeal must be clear and manifest, otherwise, at least, as a general
rule, the later act is to be construed as a continuation of, and not a substitute for, the
first act.3

54
END NOTES

1. Statutory construction (Agpalo, Ruben)

2. Ibid

3. ibid

55
REVIEW QUESTIONS NO.4

Explain the process on how a bill becomes a law.

II. CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL

56
57
UNIT V

CHAPTER V

PRESUMPTIONS

DURATION

Three (3) hours are allotted for this chapter.

INTRODUCTION

It is a basic principle in the rule on Statutory Construction that presumptions

are guidelines used by the courts to interpret statutes. It is said that presumptions
are more likely considered conclusions. However, some say that they are to be used
in cases ambiguities are present in the terms. But according to Cross, presumptions
are to be used in aid of construction and interpretation, whether ambiguities are
present or not.

Now, in able to determine whether or not presumptions are to be used or not

in the interpretation, we have Chapter V as our guide.

Most Essential Learning Competencies (MELCS)

1. Critical thinking.

2. Well-roundedness and flexibility especially in these trying times.

3. Prudence and diligence,

Objectives:

1. To develop students‟ logical and rational thinking;

2. One of the objectives is to determine when to use presumptions in the

interpretation of a statute.

3. To learn about the different classes of presumptions.

4. To learn other matters concerning the chapter.

58
PRETEST

UNIT V
CHAPTER V

PRESUMPTIONS IN AID OF CONSTRUCTION AND

INTERPRETATION

Find and encircle all the direction words that are hidden in the grid. The

words may be hidden in any direction.

1. Presumptions

2. Injustice

3. Ineffectiveness

4. Absurdity

5. Unconstitutionality

6. Democratic

7. Law

8. Judges

9. Court

10. Statutes

59
P R E S U M P T I O N S I Q WE R T Y A
S D F G T G T G T G H J N L O K O P O L
K J H B G V F V F G B H J U D G E S Z A
QWD C S X C D S X C V U B N A J Q A Z
X S W E D C V F R T G B S Q A Z X S W E
WE R T Y U I O P L K J T Q A S D F G H
J K L O K QW E R T Y T I Q A S D E F R
P L M K O I J N B H U Y C O U R T A S D
Q A S D F R S T A T U T E S F V G B H M
P L M K O J I N B H U Y G V C F T R D X
U N C O N S T I T U T I O N A L I T Y L
O K I J M N H U Y G B V F D C A Q A Z Y
P L O K I J U H Y G T G T G T W P L M T
P L M K O I J N B H U Y G V C F T R D I
P L O K M N J U J H C I T A R C O M E D
P L O K I K I J U Y H T G H J K I K U R
P L M K O I J N H B U Y G V T F C R D U
Q A Z X S WE D C V F R T G B H Y H N S
P L M O K J N I U H B Y G V F D C D E B
I N E F F E C T I V E N E S S W S D E A

60
PRESUMPTIONS

In construing a doubtful or ambiguous statute, the Courts will presume that

the legislature intended to enact a valid, sensible, and just law, and one which
should change the prior law no further than may be necessary to effectuate the
specific purpose of the act in question (Agpalo, 2005)

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify the nullification of law, there must be a
clear and unequivocal breach of the constitution. 1

The theory is that, as the joint act of the legislative and executive authorities, a law is
supposed to have been carefully studied and determined to be constitutional before
it was finally enacted. 2

All laws are presumed valid and constitutional until or unless otherwise ruled by the
Court. 3

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injustice as this never
within the legislative intent. 4
5
We interpret and apply the law in consonance with justice.

Judges do not and must not unfeelingly apply the law as it is worded, yielding like
robots to the literal command without regard to its cause and consequence. 6

PRESUMPTION AGAINST IMPLIED REPEALS

The two laws must be incompatible, and clear finding thereof must surface, before
the inference of implied repeal may be drawn.

In the absence of an express repeal, a subsequent law cannot be construed as

repealing a prior law unless an irreconcilable inconsistency and repugnancy exist in
terms of the new and old laws. 7

PRESUMPTION AGAINST INEFFECTIVENESS

In the interpretation of a statute, the Court should start with the assumption that the
legislature intended to enact an effective statute. 8

61
PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give effect to the
legislative intention to avoid an unjust and absurd conclusion. 9

Presumption against undesirable consequences was never intended by a legislative

measure. 10

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW

The Philippines as a democratic and republican state adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy
of peace, equality, justice, freedom, cooperation, and amity with all nations. (Art. II,
Sec. 2, Phil. Constitution).

62
ENDNOTES

1. www.coursehero,com

2. ibid

3. ibid

4. library.co.uk

5. ibid

6. ibid

7. www.lawctopus.com

8. en.m.wikipedia.org

9. ibid

10. Ibid

63
REVIEW QUESTIONS NO.5

DESCRIBE THE FOLLOWING: (5 POINTS EACH)

1. Presumptions

______________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________

2. Presumption against unconstitutionality

______________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________

3. Presumption against injustice

______________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________

4. Presumption against implied repeals

______________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
________________________________________________

64
5. Presumption against ineffectiveness

______________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
_______________________________________________

65
UNIT VI
CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

DURATION

Three (3) hours for this chapter.

Introduction

This chapter deals with the support of the intrinsic aspect of construction.

It is a standard rule that intrinsic aid may be found before or within the corner of
a statute
.
Because of the intrinsic aid, the court can easily find out the real meaning of
the statute in the event of vagueness.

Most Essential Learning Competencies (MELCS)

1. To explore the extent of how far beyond the actual words the statutes in itself can
be interpreted.

2. To determine the proper context to interpret legislative documents.

3. To be able to learn a uniform approach by the legislative department.

Objectives:

1. To learn the intrinsic aids that include title, preamble, headings, marginal notes,
illustration, punctuations, proviso, definitions.

2. To interpret the words used in the statute more definite and clear.

3. To refer to the headings of the statute in cases of doubt.

66
PRETEST

UNIT VI
CHAPTER VI

INTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

Find and encircle all the direction words that are hidden in the grid.
The words may be hidden in any direction.

Words to look for:

1. Intrinsic Aids

2. Interpretation

3. Preamble

4. Lawmaker

5. Legislative

6. Alcantara

7. Internal

8. Context

9. Body

10. Chapter

67
A B S O L U T E I N C A P A C I T Y I O N A B C D E M P T I O S P E I N O H
C QW E R T Y U C O M M U T A T I V E L Z X C V B X M L K N H G F R D S A U
O K I H G F D E D A B C Z X C V N B M P O I U Y T E E W Q C N B V E C X Z S
N L M N O E T A R A P E S I E R O I T P M E F G H C I N M A I O P S Q R T B
T A Z Y X W V U T S R Q P O N M L K J M J I H G F U D C B P Z Y X I W V U A
E B G F G F Q A E R T Y U I O P A S D U B G H J K T Z X A A B N M L A S D N
X C S E F P R E A M B L E O I U Y T D E WO Q M N E V I X C L K J E C G F D
T D A H N S K L Z C C V B N M A B I D E F I D H J R E N N I P Q R G O V Y A
B E P J X T B G D E I G H I J K C M N O P Q R Y S S U T W T Y Z D I N C R N
C F O K I P S U V Q W D Y Z A I C D E F G H I J A A L E N Y P E R S T D Q D
H G U L N O A B C D E F E H A J K L M N O P Q L S N U R W X A Z B L R E P W
A H I Z G I N T R I N S I C A I D S S R Q P O N M D Y N J F G D C A A F O I
S I Y X P U F H I J K L M N T P E Q R S T U V Q W A Y A A B C D O T C G N F
U J T C R Y G E D C B A Z Y X A V U T S R E K A M W A L J I H G R I T H M C
N A T U R A L P E R S O N D C V L A Z Y X W Q V U M S R Q P O N P V O I L H
M L W C C R M N O P T I O M N O N E Y Y Z K B C D I E G H I J K O E F J K A
A M Q V E E L K J I H G I E C B A R L Q N A T U R N L E L E M E R T S K J P
T O N B H W P Q R S T N V N X Y R A B E D E G F I I K L M N O P A R A L I T
I P Q N M Q O N M L O J I H T F U E D C M A Z Y X S V U T S R Q T O L M N E
O E W V Q V U T S R U Q O P I E C M L K J E G H F T D C B A Z Y I W E U T R
N R S T U V W X S X A B C D E N R H I J K L N N O R T A L U G E O N O P E E
O G U A R D I A N L E G I S L A T P O N Q P O T M A K J I U H G N E D C B A
I U Y T R E W Q M N B V C X Z L K E R G F R E L A T I V E I N C A P A N B V
P A L C A N T A R A Z X C V B N M Q W E R T Y U I O P A S D F G H I J K L C
P E O P R E L A T I V E I N C A P A C I T Y V S E R S E B I O N A Z A R I O
W X Y Z A B C O N S E N S U A L M N O P Q A E S C I S S I O N W E R T Y U I
A B D C E F G H I J K L M N O P Q R S T U V T Y X W V U T S R Q P O N M L K
K L E G A L R E D E M P T I O N D E R P Q R S I U V W X Y Z A B C D E F G H
Q W V B N M Z X C V A S D F G J H K L P O I U Y O E A R N E S T M O N E Y J
A Z P O I N S A N E O R D I M E N T E D I K J H G N D S A P O I Y U T R E W
C I V I L I N T E R D I C T I O N K L Z X C V B N M Q E V I T N A T S B U S

68
CHAPTER VI

INTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

INTRINSIC AIDS

The term "intrinsic" means internal or within. Intrinsic aids, therefore, are
those aids within the statute. (Alcantara, 1993)

Intrinsic aids are resorted to only if there is ambiguity. In resorting to intrinsic

aids, one must go back to the parts of the statute: the title, the preamble, context or
body, chapter and section headings, punctuation, and interpretation. (Sec 5)

THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID IN DETERMINING

LEGISLATIVE INTENT

The subtitle of the statute as intrinsic aid in determining legislative intent is

indispensable. 3

PREAMBLE AS INTRINSIC AID

The intent of the law as culled from its preamble and the situation,
circumstances, and conditions it sought to remedy, must be enforced. 4

The preamble is used as a guide in determining the intent of the lawmaker. 5

69
ENDNOTES

1. ALcantara, 1993

2. Sec 5, Statutes

3. Alcantara, 1993

4. Ibid

5. Ibid

70
REVIEW QUESTIONS NO. 6

Discuss the following terms: (5 points each)

1. Intrinsic aids

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________

2. Preamble as intrinsic aid

___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________

71
CHAPTER VII
EXTRINSIC AIDS IN INTERPRETING STATUTES

DURATION

Three (3) hours for Chapter VII

INTRODUCTION

Extrinsic aids are considered as those things which may help put an act into
context.

Under the law, extrinsic aids include legislative history and other matters
surrounding social circumstances.

Further, according to authors, external aids are only resorted to once the
internal aids fail to resolve any ambiguity.

Most Essential Learning Competencies (MELCS)

1. To learn the techniques in interpreting statutes in the context of extrinsic aids.

2. To weigh admissible extrinsic aids.

Objectives:

1. To be more familiar with the extrinsic aids in connection with interpreting statutes,

2. To be more familiar with linguistic meanings and relevant doctrines.

3. To learn more about legislative intent with enacted statutes.

72
PRE-TEST

CHAPTER VII
EXTRINSIC AIDS IN INTERPETING STATUTES

Find and encircle all the direction words that are hidden in the grid.
The words may be hidden in any direction.

Words to look for:

1. Extrinsic Aids

2. Interpretation

3. Court

4. Congress

5. Government

6. Authority of the Law

7. Executive Officers

8. Public Policy

9. Judicial Construction

10. Construction by the bar

73
A B S O L U T E I N C A P A C I T Y I O N A B C D E MP T I O S P E I N O I
T QW E R T Y U C O MM U T A T I V E L Z U C V B XM L K N H G F R D S A N
A K I H G F D E D A B C O U R T N BMP O T U Y T E E WQ C N B V E C X Z T
T L M N O E T A R A P O S I E R O I T PMH F G H C I NM A I O P S Q R T E
U A Z Y XWV U T S R N P O NM L K J M J O H G F U D C B P Z Y X I WV U R
T B G F G F Q A E R T G U I O P A S D U B R H J K T Z X A A B NMD A S D P
E C S E F D J H C F D R A O I U Y T D E WO Q MN E V T X C L K J E C G F R
A D A X N S K L Z C C E B NMA B I D E F F G H J R E MN I P Q R N O V Y E
B E P T X T B G D E I S H I J K CMN O P T R U S S U VW T Y Z D T N C R T
C F O R I P S U V Q W S Y Z A I C D E F G H I J A A L MN Y P E R I T D Q A
O G U I N O A B C D E F E H A J K L MN O E Q L S N U VW X A Z B A R E P T
N H I N G I E D C B A Z Y L WV U T S R Q L O NMD Y K J F G D C L A F O I
S I Y S P U F H I J K L MN T P E Q R S T A V QWA Y Z A B C D O D C G N O
U J T I R Y G O V E R NM E N T V U T S RW P O N D L K J I H G R E T HMN
N A T C R A L P E R S O N D C V L A Z Y XW Q V UM S R Q P O N P G O I L A
M L W A C RM N O P T I OMN O N E X E C U T I V E O F F I C E R S F J K B
AMQ I E E L K J U H G I E C B A R L Q N A T U R N L E L E M E R T S K J L
T O N D HWP Q R B T N VWX Y R A B E D E G F I I K L M N O P A R A L I E
I P Q S MQ O N M L O J I H G F U E D CMA Z Y X S V U T S R Q T O L MH A
O E W V Q V U T S I U Q O P I N CM L K J E G H F T D C B A Z Y I WE U T S
N R S T U VW X S C O N S T R U C T I O N B Y T H E B A R U G E O N O P Q E
O G U A R D I A N P E G I S L A T I O N Q P O T MA K J I U H G N E D C B A
I U Y T R E W Q M O B V C X Z L K J H G F R E L A T I V E I N C A P A N B V
P A S D F G H J K L Z X C V B NMQWE R T Y U I O P A S D F G H I J K L C
P E O P R E L A T I V E I N C A P A C I T Y V S E R S E B I O N A Z A R I O
A X Y Z A B C O N C E N S U A L MN O P Q R E S C I S S I O NWE R T Y U I
A B D C E F G H I Y K L MN O P Q R S T U V Z Y XWV U T S R Q P O NM L K
K L E G A L R E D E MP T I O N D E R P Q R S T U VWX Y Z A B C D E F G H
QWV B NM Z X C V A S D F G J H K L P O I U Y T E A R N E S T MO N E Y J
J U D I C I A L C O N S T R U C T I O N I K J H G F D S A P O I Y U T R E W
C I V I L I N T E R D I C T I O N K L Z X C V B NMQ E V I T N A T S B U S

74
CHAPTER VII

EXTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

EXTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the four
corners of the statute. If there is any doubt as to the meaning of the statute, the
interpreter must first find that out within the statute. (Sec 55)

Extrinsic aids, therefore, are resorted to after exhausting all the available
intrinsic aids, and still there remains some ambiguity in the statute. (Alcantara, 1993)

Extrinsic aids resorted to by the courts are the history of the enactment of the
statute; opinions and rulings of officials of the government called upon to execute or
implement administrative laws; contemporaneous construction by executive officers;
actual proceedings of the legislative body; individual statements by members of
Congress; and the author of the law. (Ibid)

Other sources of extrinsic aids can be the reports and recommendations of

legislative committees; public policy; judicial construction; and construction by the
bar. (Ibid)

Extrinsic aids resorted to by the courts

According to Legal experts, the following extrinsic aids are reported by the
courts:

1. History of the enactment of the statute;

2. Opinions and rulings of officials of the government called upon to execute or

implement administrative laws;

3. Contemporaneous construction by executive officers charged with implementing

and enforcing the provisions of the statutes unless such interpretation is
erroneous;
4.
5. Actual proceedings of the legislative body;

6. Individual statements by members of congress; and

7. The author of the law

75
Other sources of extrinsic aids are:

1. Reports and recommendations of legislative committees;

2. Public policy;

3. Judicial construction; and

4. Construction by the bar

It is a well-accepted principle that where a statute is ambiguous, courts may

examine both the printed pages of the published Act as well as those extrinsic
matters that may aid in construing the meaning of the statute, such as the history of
its enactment, the reasons of the passage of the bill and purposes to be
accomplished by the measure. 1

Individual statements by members of Congress on the floor do not necessarily

reflect legislative intent. 2

The best interpreter of the law or any of its provisions is the author of the law3

76
ENDNOTES

1. Statutory Construction (Agpalo, 2005)

2. Ibid

3. Statutes by Alcantara, Samson1993

77
REVIEW QUESTIONS NO. 7

I. DISCUSS THE FOLLOWING CONCEPT (5 points for every correct answer)

1. Extrinsic aids

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II. Enumerate Extrinsic Aids resorted by the courts (20 points)

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78
UNIT VIII
CHAPTER VIII

PROSPECTIVE AND RETROSPECTIVE STATUTES

DURATION

Three (3) hours for Chapter VIII.

INTRODUCTION

Statutes are considered as either prospective or both prospective and

retrospective.

Generally, all statutes have only prospective effect. It means applicability to

future transactions. But certain retroactive rules generally result in unjust reactions.
Retroactive legislation is said to be unfair because it deprives citizens of notice
and may create economic instability.

OBJECTIVES:

1. The students will be able to analyze the effects of retroactive application of rules
on past actions;

2. They will learn to apply administrative regulations prospectively;

3. The students will be able to determine the legislature‟s intent behind the statutes
in the issue.

79
PRE-TEST
UNIT VIII
CHAPTER VIII

PROSPECTIVE AND RETROSPECTIVE STATUTES

Find and encircle all the direction words that are hidden in the grid.
The words may be hidden in any direction.

Words to look for:

1. Prospective Statutes

2. Retrospective

3. Supreme Court

4. Curative Statutes

5. Private Parties

6. Local Government Code

7. Penal Statutes

8. Felonies

9. Misdemeanors

10. Statutory Construction

80
R QW E R T Y U C O MM U T A T I V E L Z X C V B XM L K N H G F R D S A E
I K I H G F D E D A B C Z X C V N BMP O I U Y T E E WQ C N B V E C X Z T
V L M N O E T A R A P E S I E R O I T PM E F G H C I NM A I O P S Q R T R
A A Z Y XWV U T S R Q P O NM L K J M J I H G F U D C B P Z Y X I WV U O
T B G F G F Q A E R T Y U I O P A S D U B G H J K T Z X A A B NMD A S D S
E C S E F D J H C F D S A O I U Y T D E W I Q M N E V T X C L K J E C G F P
P D A H N S S U P R E M E C O U R T D E F I G H J R E MN I P Q R N O V Y E
A E P J X T B G D E I G H I J K CMN O P Q R U S S U VW T Y Z D T N C R C
R F O K I P S U V Q WD Y Z A I C D E F G H I J T A L MN Y P E R I T D Q T
T G U L N O U R A T I V E S T A T U S N O P Q L A N U VW X A Z B A R E P I
I H I Z G I E D C B A Z Y L WV U T S R Q P O N T D Y K J F G D C L A F O V
E I Y X P U F H I J K L MN T P E Q R S T U V Q U A Y Z A B C D O D C G N E
S J T C R Y G E D C B A Z Y X A V U T S R Q P O T D L K J I H G R E T HM E
B A T U R A L P E R S O N D C V L A Z Y XW Q V O M S R Q P O N P G O I L A
M L W C C RM N O P T I OMN O N E Y Y Z A B C R I E G H I J K O R F J K B
AMQ V E E L K J I E G I E C B A R L Q N A T U Y N L E L E M E R T E K J L
T O N B HWP Q R S T N VWX Y R A B E D E G F C I K L M N O P A R L L I E
I P Q N MQ O N M L O J A H G F U E D CMA Z Y O S V U T S R Q T O OMH A
O E W V Q V U T S R U Q O L I N CM L K J E G H N T D C B A Z Y I WN U T S
N R S T U VW X S X A B C D S F G H I J K L N N S R T A L U G E O N I P Q E
O G U A R D I A N L E G I S L T T I O N Q P O T T A K J I U H G N E E C B A
I U Y T R E W Q M N B V C X Z L A J H G F R E L R T I V E I N C A P S N B V
P A S D F G H J K L Z X C V B NM T WE R T Y U U O P A S D F G H I J K L C
P E O P R E L A T I V E I N C A P A U I T Y V S C R S E B I O N A Z A R I O
WX Y Z A B C O N S E N S U A L MN O S Q R E S T I S S I O NWE R T Y U I
A B D C E F G H I J K L MN O P Q R S T U V Z Y I WV U T S R Q P O NM L K
K L E G A L R E D E MP T I O N D E R P Q R S T O VWX Y Z A B C D E F G H
QWV B NM I S D E M E A N O R S K L P O I U Y N E A R N E S T MO N E Y J
A Z P O I N S A N E O R D I M E N T E D I K J H G F D S A P O I Y U T R E W
L O C A L G O V E R NM E N T C O D E Z X C V B N MQ E V I T N A T S B U S

81
GENERAL PRINCIPLES

Prospective statute – it is a statute which operates when the acts or

transactions have not occurred when the statute takes effect. In the long line of
cases, it was observed that retrospective operation ought not to be given to a statute
unless an intention to that effect is expressed in plain and unambiguous language.

Retrospective or retroactive law – is one that is to take effect, in point of time,

before it was passed.1 Whenever a law of this nature impairs an obligation of a
contract, the statute is considered as void.

A sound canon of statutory construction is that statutes operate prospectively

only and never retrospectively. The exception to this is that if there is a legislative
intent to the contrary, manifested either by the express or implied terms of the
statute.

The Civil Code of the Philippines follows the above rule thus: Laws shall have
no retroactive effect unless the contrary is provided. Retroactive legislation is looked
upon with disfavor, as a general rule and properly so because it tended to be unjust
and oppressive. 2

Take note that penal statutes as a rule are applied prospectively. Felonies
and misdemeanors are punished under the laws in force at the time of their
commission3. (Art. 366, RPC).

However, as an exception, it can be given a retroactive effect if it is favorable

to the accused who is not a habitual criminal. 4

In several cases decided by the Supreme Court, statutes regulating the

procedure of the Court will be construed as applicable to actions pending and
undermined at the time of their passage. However, according to an author, Rules of
Procedure should not be given retroactive effect if it would result in great injustice
and impair substantive right.

Procedural provisions of the Local Government Code are retrospective.5

About curative statutes, and are designed to give effect to contracts and other
transactions between private parties, they are therefore retroactive in their character.

82
ENDNOTES

1. https://legal-dictionary.thefreedictionary.com/retrospective

2. The New Civil Code of the Philippines

2. Art. 366, Revised Penal Code of the Philippines

3. Art. 22, Revised Penal Code of the Philippines

5. Statutory Construction Agpalo, 2005

83
REVIEW QUESTIONS NO. 8

I. STATE YOUR REFLECTIONS IN LESSON VIII.

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84
UNIT IX

CHAPTER IX

CONFLICTING STATUTES

DURATION
This Chapter has a duration of three (3) hours

INTRODUCTION
The legislative branch of the government is enacting more laws than the
previous legislators several decades ago, Due to substantive and procedural
recourses, new statutes sometimes conflict with previously-enacted laws.

When two or more statutes are in conflicting results, how should courts decide?

One of the traditional principles in the statutory construction is the fact that when
two statutes conflict, a specific statute controls a general statute regardless of which
came first. This Interpretation matters and very significant that will result in several
adverse effects if the controversies will be left vague and unresolved.

OBJECTIVES

1. The learner should determine what intention is conveyed either expressly or by

implication in one statute over the other;

2. To study reasonable standards against which competing constructions are to be

judged.

3. To analyze the underlying values of every statute.

85
PRE-TEST
UNIT IX

CHAPTER IX

CONFLICTING STATUTES

Find and encircle all the direction words that are hidden in the grid.
The words may be hidden in any direction.

Words to look for:

1. Conflicting Statutes

2. Pari Materia

3. General Statutes

4. Special Statutes

5. Statute

6. Ordinance

7. Substantive Law

8. Procedural Law

9. Administrative order

10. Provision

86
C O N F L I C T I N G S T A T U T E S O N A B C D E M P T I O S P E I N O G
T QW E R T Y U C O MM U T A T I S P L Z X C V B XM L K N H G F R D S A E
A K I H G F D E D A B C Z X C V N B E P O I U Y T E E WQ C N B V E C X Z N
T L M N O E T A R A P E S I E R O I C PM E F G H C I NM A I O P S Q R T E
U A Z Y XWV U T S A Q P O NM L K I M J I H G F U D C B P Z Y X I WV U R
T B G F G F Q A E R R Y U I O P A S A U B G H J K T Z X A A B NMD A S D A
E C S E F D J H C F I S A O I U Y T L E W I Q MN E V T X C L K J E C G F L
A D A H N S K L Z C MV B N MA B I S E F I G H J R E MN I P Q R N O V Y S
B E P J X T B G D E A G H I J K CM T O P Q R U S S U VW T Y Z D T N C R T
C F O K I P S U V Q T D Y Z A I C D A F G H I J A A L MN Y P E R I T D Q A
O G U L N O A B C D E F E H A J K L T N O P Q L S N U VW X A Z B A R E P T
N H I Z G I E D C B R Z Y L WV U T U R Q P O NMD Y K J F G D C L A F O U
S I Y X P U F H I J I L M N T P E Q T S T U V QWA Y Z A B C D O D C G N T
U J T C R Y G E D C A A Z Y X A V U E S R Q P O N D L K J I H G R E T HM E
N A T U R A L P E R S O N D C V L A S Y XW R V UM S R Q P O N P G O I L S
M L W C C R D I N A N C E S N O N E Y Y Z A O C D I E G H I J K O R F J K B
AMQ V E E L K J I H G I E C B A R L Q N A V U R N L E L E M E R T S K J L
T O N B S U B S T A N T I V E L AWB E D E I F I I K L M N O P A R A L I E
I P Q N MQ O R M L O J I H G F U E D CMA S Y X S V U T S R Q T O L MH A
O E W V Q V U T S R U Q O P I N CM L K J E I H F T D C B A Z Y I WE U T S
N R S T U VW X S X A B C D E F G H I J K L O N O R T A L U G E O N O P Q E
O G U A P R O C E D U R A L L AW I O N Q P N T MA K J I U H G N E D C B A
I U Y T R E W Q M N B V C X Z L K J H G F R E L A T I V E I N C A P A N B V
P A S D F G H J K L Z X C V B NMQWE R T Y U I O P A S D F G H I J K L C
P E O P R E L A T I V E I N C A P A C I T Y V S E R S E B I O N A Z A R I O
WX Y Z A B C O N S E N S U A L MN O P Q R E S C I S S I O NWE R T Y U I
A B D C E F G H I J K L M N O P Q R S T U V Z Y XWV U T S R Q P O NM L K
K L E G A L R E D E MP T I O N D E R P Q R S T U VWX Y Z A B C D E F G H
QWV B NM Z X C V A S T A T U T E S P O I U Y T E A R N E S T MO N E Y J
A Z P O I N S A N E O R D I M E N T E D I K J H G F D S A P O I Y U T R E W
C I V I L I N T E R D I C T I O N A DM I S T R A T I V E O R D E R S B U S

87
EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE

It may happen that in a statute, conflicting clauses and provisions may arise. If
such a situation may occur, the statute must be construed as a whole. 1

STATUTES IN PARI MATERIA

Statutes that relate to the same subject matter, or the same class of persons
or things, or have the same purpose or object are known as statutes in pari materia.
2

Statutes in pari materia are to be construed together; each legislative act is to

be interpreted regarding other acts relating to the same matter or subject. 3

However, if statutes of equal theoretical application to a particular case cannot

be reconciled, the statute of later date must prevail being a later expression of
legislative will.4

GENERAL AND SPECIAL STATUTES

Sometimes we find statutes treating a subject in general terms and another

treating a part of the same subject in a, particularly detailed manner. 5

If both statutes are irreconcilable, the general statute must give way to the
special or particular provisions as an exception to the general provisions 6.

This is so even if the general statute is later enactment of the legislature and
broad enough to include the cases in special law unless there is manifest intent to
repeal or alter the special law. 7

STATUTE AND ORDINANCE

If there are conflicts in an ordinance and a statute, the ordinance must give
way.

It is a well-settled rule that substantive law cannot be amended by procedural

law.

A general law cannot repeal a special law.

In case of conflict between a general provision of a special law and a

particular provision of general law, the latter will prevail.8

When there is irreconcilable repugnant between a proviso and the body of a

statute, the former prevails as the latest expression of legislative intent. 9

The enactment of later legislation which is general law cannot be construed to

have repealed a special law. 10

88
In the long line of cases decided by the court, a statute is superior to an
administrative circular, thus the later cannot repeal or amend it.

According to several authors, where the instrument is susceptible of two

interpretations, one which will make it invalid and illegal and another which will make
it valid and legal, the latter interpretation should be adopted.

Settled is the rule that in case of conflict between an administrative order and
the provisions of the Constitution, the latter prevails.

89
ENDNOTES

1.https://legal-dictionary.thefreedictionary.com/

2.ibid

3 Statutory Construction by Agpalo, Reuben (2002)

4. Ibid

5. Statutory Construction Alcantara, Samson (1993)

6. Ibid

7. 50 Am. Jur

8. Statutory Construction Alcantara, Samson (1993)

9. ibid

10.ibid

90
REVIEW QUESTION N0. 9

I. STATE YOUR REFLECTIONS IN THIS CHAPTER

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91
UNIT X

CHAPTER X

CONSTRUCTION AND INTERPRETATION OF THE

CONSTITUTION

DURATION

Six (6) hours for this chapter.

INTRODUCTION

It is a fact that the 1987 Constitution is the utmost symbol of Philippine

statehood. Our constitution is the central institution in our political system. it appears
however that the so-called embodiment of our democratic principles is not yet
properly instilled in the hearts and minds of the Filipinos.

Our constitution is the fundamental law of the land. Can we imagine the effect
if we are not familiar concerning the provisions and interpretation, under the intent of
the framers of the said Constitution?

In this chapter, we will study the rules if a law or contract violates any norm of
the constitution as well as the consequences and implications.

OBJECTIVES

1. The student must have deep awareness and insight of constitutional principles;

2. To determine what will govern in cases of conflict between the constitution and the

law or contract whether promulgated by the legislative, or by the executive branch or

entered into by private persons for private purposes;

3. To be more familiar with other concepts in relation therein.

92
PRE-TEST

UNIT X

CHAPTER X

CONSTRUCTION AND INTERPRETATION OF THE

CONSTITUTION

Find and encircle all the direction words that are hidden in the grid. The
words may be hidden in any direction.

Words to look for:

1. Statutes

2. Constitution

3. Corazon A. Aquino

4. Presumptions

5. Civil Conduct

6. Government

7. Policies

8. Provision

9. Legislature

10. Rights

93
A B S O L U T E I N C A P A C I T Y I O N A B C D E M P T I O S P E I N O C
T Q W E R T Y U C O MM U T A T I V E L Z X C V B X M L K N H G F R D S A I
A K I S T A T U T E S C Z X C V N B M P O I U Y T E E WQ C N B V E C X Z V
T L M N O E T A R A P E S I E R O I T P M E F G H C I N M A I O P S Q R T I
U A Z Y X W V U T S R Q P O N M L K J M J I H G F U D C B P Z Y X I W V U L
T B G F G F Q A E R T Y U I O P R O V I S I O N K T Z X A A B N M D A S D C
E C S E F D J H C F D S A O I U Y T D E W I Q M N E V T X C L K J E C G F O
A D A H N S K L Z C C V B N M A B I D E F I G H J R E M N I P Q R N O V Y N
B E P J X T B G D E O G H I J K C M N O P Q R U S S U V W T Y Z D T N C R D
C F O K I P S U V Q N D Y Z A I C D E F G H I J A A L M N Y P E R I T D Q U
O G U L N O A B C D S F E H A J K L M N O P Q L S N U V W X A Z B A R E P C
N H I Z G I E D C B T Z Y L W V U T S R Q P O L I C I E S F G D C L A F O T
S I Y X P U F H I J I L M N T P E Q R S T U V QW A Y Z A B C D O D C G N F
U J T C R Y G E D C T A Z Y X A V U T S R Q P O N D L K J I H G R E T H M E
N A T U R A L P E R U O N D C V L A Z Y X WQ V U M S R Q P O N P G O I L A
M L W C C R M N O P T I O M N O N E Y Y Z A B C D I E G H I J K O R F J K B
A M Q V E E L K J I I G I E C B A R L Q N A T U R N L E L E M E R T S K J L
T O N B H W P Q R S O N V W X Y R A B E D E G F I I K L M N O P A R A L I E
I P Q N M Q O N M L N J I H G F U I D C M A Z Y X S V U T S R Q T O L M H A
O E W V Q V U T S R U Q O P I N C M G K J E G H F T D C B A Z Y I W E U T S
N R S T U V W X S X A B C D E F G H I H K L N N O R T A L U G E O N O P Q E
O G U A R D I A N L E G I S L A T I O N T P O T M A K J I U H G N E D C B A
I U Y T R E WQ M N B V C X Z L K J H G F S E L A T I V E I N C A P A N B V
P R E S U M P T I O N X C V B N M QW E R T Y U I O P A S D F G H I J K L C
P E O P R E L A T I V E I N C A P A C I T Y V S E R S E B I O N A Z A R I O
W X Y Z A B C O N S E N S U A L M N O P Q R E S C I S S I O N W E R T Y U I
A B D C E F G H I J K L M N O P Q R S T U V Z Y X W V U T S R Q P O N M L K
K L E G I S L A T U R E T I O N D E R P Q R S T U V W X Y Z A B C D E F G H
QW V B N M Z X C V A S D F G O V E R N M E N T T E A R N E S T M O N E Y J
A Z P O I N S A N E O R D I M E N T E D I K J H G F D S A P O I Y U T R E W
C O R A Z O N A A Q U I N O I O N K L Z X C V B N M Q E V I T N A T S B U S

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STATUTES AND CONSTITUTIONS DISTINGUISHED

The official Gazette provides “The present Constitution of the Philippines was
approved by the 1986 Constitutional Commission on October 12, 1986, the 1987
Constitution of the Republic of the Philippines was presented to President Corazon C.
Aquino on October 15, 1986. It was ratified on February 2, 1987, by a plebiscite. It
was proclaimed in force on February 11, 1987.”

Constitutions are primary, being the command of the sovereign establishing the
governmental machine and the most general rules for its operation 1
Statues are enactments and rules for the government of civil conduct,
promulgated by the legislative authority of the state2

ALL PROVISIONS OF THE CONSTITUTION ARE SELF-EXECUTING;

EXCEPTIONS

Some constitutions are merely declarations of policies. Their provisions

command the legislature to enact laws and carry out the purposes of the framers
who merely establish an outline of government providing for the different
departments of the governmental machinery and securing certain fundamental and
inalienable rights of citizens.3

Thus, a constitutional provision is self-executing if the nature and extent of the

right conferred and the liability imposed are fixed by the said constitution. 4

Unless it is expressly provided that a legislative act is necessary to enforce a

constitutional mandate, all provisions of the constitution are self-executing, that is
now the presumption.5

In case of doubt, the Constitution should be considered self-executing rather

than non-self-executing, unless the contrary is intended.6

Non-self-executing provisions would give the legislature discretion to

determine when, or whether, they shall be effective, subordinated to the will of the
law-making body. 7

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ENDNOTES

1. Ellingham vs. Dye, 231 U.S 250

2. ibid

3. Statutory Construction, Agpalo, Ruben (2003)

4. ibid

5. ibid

6. Statutory Construction, Alcantara, Samson (1993)

7. ibid

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REVIEW QUESTION NO. 10

I. WRITE YOUR REFLECTION ABOUT THE CHAPTER

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FINAL REQUIREMENT

Individual Lecture notebook

SUGGESTED READINGS AND WEBSITES

1. Read more at Legal bites http//www.legalbites.com

2. OBiasca vs. Basallote, G.R No. 176707, February 17, 2010

3. Liwag vs. Happy Glen Loop Homeowners Association, G. R. No. 189755, July 04,
2012

4. Marianas v. Comelec, G.R. No. 146943, October n04, 2002

5. Tomawis vs. Balindong, G.R. No, 182434, March 05, 2010

6. Manila Trading & Supply Co, Vs. Philippine Labor Union, G.R. No. L-47796, April
22, 1941

7. PDIC vs. Stockholders of Intercity Savings and Loan Bank, G.R. No, 181556,
December 14, 2009

8. Valeroso vs. CA, G.R. No. 164815, September 03, 2009

9. Bolos vs. Bolos, G.R. No. 186400, October 20, 2010

10. Serena vs. Sandiganbayan, G.R. No. 162059, January 22, 2008

GLOSSARY

1. Constitutions- are primary, being the command of the sovereign establishing the
governmental machine and the most general rules for its operation.

2. Intrinsic aids- are those aids within the statute.

3. Law- a rule of conduct formulated and made obligatory by the legitimate power of
the state.

4. Legislative power- authority to make laws, and to alter and repeal them

5. Preamble- Prefatory statement or explanation (finding of facts, reciting the

purpose, reason, or occasion for making the law).

6. Prospective statute – it is a statute which operates when the acts or transactions

have not occurred when the statute takes effect.

7.Public Act- passed by Philippine Commission and Philippine Legislature

(1901-1935)
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8.Republic Act- passed by Congress of the Philippines (1946-1972;1987-present)

9.Retrospective or retroactive law – is one that is to take effect, in point of time,

before it was passed.

10.Statutes in Pari matria - Statutes that relate to the same subject matter, or the
same class of persons or things, or have the same purpose or object are known as
statutes in pari materia.

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