You are on page 1of 6

Chapter I Preliminary Considerations Statutory construction defined Art or process of discovering and expounding the meaning and intention

of the authors of the law with respect to its application to a given case where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law. Purpose: to ascertain and give effect to the legislative intent Construction v Interpretation Construction drawing of conclusions with respect to subjects that are beyond the direct expression of the text from elements known and given in the text Interpretation process of discovering the true meaning of the language used Situs (place/location) of construction and interpretation Belongs to the JUDICIAL department. Requisites 1. There must be an actual case or controversy 2. There is ambiguity in the law involved in the controversy (there is ambiguity if reasonable persons can find different meanings in a statute) Verba Legis when the law is clear and unequivocal, the Court has no other alternative but to apply the law and not to interpret Dura Lex Sed Lex the court cannot shy away from applying the law when no interpretation is needed no matter how harsh the law may be Kinds of Construction and Interpretation (HERMENEUTICS) 1. Close take the words in their narrowest meaning; literal 2. Extensive more comprehensive 3. Extravagant meaning is evidently beyond the true one 4. Free or Unrestricted - general principles of interpretation in good faith, not bound by any specific or superior principle 5. Limited or Restricted influenced by other principles

6. Predestined strong bias of mind is present, makes the text subservient to his preconceived views and desires In our jurisdiction 1. Literally 2. Strictly or Liberally 3. Prospectively or Retrospectively

Chapter II Statutes Legislative Procedures Consists of the Senate and the House of Representatives Bill draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses Act after the bill has been acted on and passed by the legislature Statute the written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of the state HOW A BILL BECOMES A LAW a. A member of the National Assembly may introduce the proposed bill to the Secretary of the National Assembly who will calendar the same for the first reading. Of course the proponent must affix his signature in the proposed bill stating his purpose. b. In the first reading, the bill is read by its number and title only. c. After the first reading, the bill is referred by the Speaker to the appropriate committee for study. At this stage, the appropriate committee will conduct public hearings. It must call all the necessary parties, persons, organizations or sectors of societies involved to obtain their reactions and feelings on the proposed bill. Then after the public hearing, the committee shall decide whether or not to report the bill favourably or whether a substitute bill should be considered. NOTE: Should there be an unfavourable report of the committee, then the proposed bill is dead. d. Upon favorable action by the appropriate committee, the bill is returned to the National Assembly and shall be calendared for the second reading. e. In the second reading, the bill is read in its entirety. f. Immediately after the second reading, the bill is set for open debates where members of the assembly may propose amendments and insertions to the proposed bill. NOTE: After the amendments and insertions to the proposed bill, the ideal bill as conceived by the author may no longer be an ideal bill or vice versa, i.e., it may become a better bill after deliberations and debates which should be the proper case.

g. After the approval of the bill in its second reading and at least three (3) calendar days before its final passage, the bill is printed in its final form and copies thereof distributed to each of the members of the National Assembly, unless the Prime Minister (President under the present system) certifies in writing as to the necessity of the immediate enactment of the bill to meet a public calamity or emergency. (see Art. VIII, Sec. 19[2], 1973 Constitution and Art. VI, Sec. 26[2], 1987 Constitution). h. The bill is then calendared for the third and final reading. At this stage, no amendment shall be allowed. Only the title of the bill is read and the National Assembly will then vote on the bill. The yeas or nays are entered in the journal. (Art. VIII, Sec. 19[2], 1973 Constitution; Art. VII, Sec. 2, 1987 Constitution). It appears that only a majority of the members present constituting a quorum is sufficient to pass the bill. NOTE: Quorum is a sufficient number of members of National Assembly or Congress to transact its daily business. Usually, it is fifty-one percent of the number of the body or fifty percent plus one depending on their internal rules. NOTE: If the NO vote wins, the proposed bill is dead. At this stage lies the difference between the parliamentary system enshrined in the 1973 Constitution and the present 1987 Constitution. Under our present set-up, after the third and final reading at one House where the bill originated, it will go to the other House where it will undergo the same process, meaning another three readings on separate days. Moreover, if there is variance in the proposed bill, it may pass through the powerful bicameral conference committee which can introduce amendments to suit both houses of Congress. This is also known as the compromise bill. NOTE: At this stage, the original bill conceived by the original author may no longer be his proposed bill. i. After the bill has been finally passed, it will be submitted to the Prime Minister (President) for his approval. If he approves the same, he shall sign it, otherwise, he shall veto it and return the same with his objections to the National Assembly (House where it originated) and, if approved by two-thirds of all its members, shall become a law. (See Art. VIII, Sec. 20, 1973 Constitution).

Under the present set-up, the house where the bill originated can proceed to reconsider the vetoed bill. After such reconsideration, if twothirds 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 it is approved by two-thirds of all the members of that House shall be determined by yeas and nays and the names of the members voting for or against shall be entered in its journal. Every bill passed by Congress shall be acted upon by the President within thirty (30) days from receipt thereof. Otherwise, it shall become a law as if he had signed it. (Art. VI, Sec. 27[1], 1987 Constitution). In other words, there can be no presidential inaction or pocket veto under our Constitution.

Constitutional test in the passage of a bill I. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. (Art. VI, Sec. 26[1], 1987 Constitution). Purposes: 1. To prevent hodge-podge or logrolling legislation 2. To prevent surprise or fraud upon the legislature 3. To fairly appraise the people, through such publications of legislative proceedings as is usually made, of the subjects of legislation that are being considered, in order that they may have opportunity of being heared thereon by petition or otherwise, if they shall so desire. II. Three readings and no amendment rules. (no-amendment rule refers only to the procedure) III. Every bill passed by the Congress shall, before it becomes a law, be presented to the President. Parts of a statute a. Title b. Preamble c. Enacting Clause d. Body e. Repealing Clause f. Saving Clause g. Separability Clause h. Effectivity Clause How to Kill a bill a. Unfavourable report of the committee b. Veto c. Sine die all pending bills will die when the term of congress has ended d. When after the first reading, it stops and is no longer acted upon e. Red tape purposely ignored by the congress f. When bill did not get enough votes once it was transferred from the original house Kinds a. b. c. d. e. f. g. h. i. j. k. l. of Statutes General law Special law Local law Public law Private law Remedial statute Curative statute Penal statute Prospective law Retrospective law Affirmative statute Mandatory statutes

Concept of VAGUE statutes When it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application Against constitution because a. Violates due process for failure to accord persons b. Leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle Repeals Expressed 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 Implied - happens when a later statute contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force Two categories of implied repeal a. Same subject matter in irreconcilable conflict b. Later act is clearly intended as a substitute Ordinance An act passed by the local legislative body in the exercise of its law-making authority Test of valid ordinance a. Must not contravene the constitution or any statute b. Must not be unfair or oppressive c. Must not be partial or discriminatory d. Must not prohibit but may regulate trade e. Must be general and consistent with public policy f. Must not be unreasonable Role of foreign jurisprudence Processual Presumption Foreign law must be alleged and properly pleaded as a matter of fact, else it will be assumed that the foreign law is the same as ours.

Chapter III Basic Guidelines in the Construction and Interpretation of Laws Legislative Intent objective footprints left on the trail of legislative enactment; history of statutes Legislative intent is determined principally from the language of the statute. Verba Legis If the language of the statute is plain and free from ambiguity, and expresses a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey. As a whole In order to grasp its true meaning. Basis: it is not to be presumed that the legislature has used ay useless words and it is a dangerous practice to base the construction upon only a part of it, since one portion may be qualified by other portions. Spirit and purpose of the law When interpretation according to the exact and literal import of its words would lead to absurd or mischievous consequences, it should be construed according to its spirit and reason Between two statutory interpretations, that which better serves the purpose of the law should prevail. When the reason of the law ceases, the law itself ceases. Doctrine of necessary Implications what is implied in the statute is as much part thereof as that which is expressed. Casus omissus Omitted provisions of a statute cannot be supplied by courts Stare Decisis When court has laid down a principle of law already established will be followed by the same determining court and by all courts of lower rank in subsequent cases where the same legal issue is raised.

Chapter IV Construction and interpretation of words and phrases Ubi lex non distinguit nec nos distinguere debemos When the law does not distinguish, courts should not distinguish Exceptions When the law does not make any exception, courts may not except something unless compelling reasons exist to justify it. General and special terms General terms general construction unless restrained by the context of by plain interferences from the scope and purpose of the act (ejusdem generis; general terms must not be construed at its widest meaning when a general term is followed by an enumeration) Special terms may sometimes be expanded to a general signification by the consideration that the reason of the law is general Expresso Unius est exclusio alterius Express mention of one person, thing, or consequence is tantamount to an express exclusion of all others. Noscitur a sociis Associated words explain and limit each other Where a particular word is equally susceptible of various meanings, its correct construction may be made specific by considering the company of terms in which it is found or with which it is associated. Negative words and phrases are mandatory Those in affirmative are mere directory May permissible thing Shall imperative Must not always imperative and may be consistent with an exercise of discretion And - union or alternative Computation of time Years 365 days (12 calendar months as amended by Admin Code) Months 30 days - if months are designated by their name, they shall be computed by the number of days which they respectively have Days 24 hours Nights sunset to sunrise

Period first day shall be excluded, last day included Week 7 consecutive days regardless to the day of the week on which it begins Function of the Proviso provided Sets exceptions from the enacting clause, to qualify or restrain its generality or to avoid misinterpretation of extent

Chapter V Presumptions in aid of construction and interpretation Presumptions When a law is ambiguous, the courts will presume that it was the intention of the legislature to enact a valid, sensible and just law Presumption against unconstitutionality - There must be a clear and unequivocal breach of the constitution for a statute to be nullified. Basis: a law is supposed to have been carefully studied and determined to be constitutional before it was finally enacted - All laws are presumed valid and constitutional until or unless otherwise ruled by the court. - The burden of proving the invalidity of a law rests on those who challenge it. Presumption against injustice - The law should never be interpreted in such a way as to cause injustice as this is never within the legislative intent - Application of the law must be in consonance with justice - In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail Presumption against implied repeals - Every statute must be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudence Presumption against ineffectiveness - It is presumed that the legislature intends to impart to its enactments such a meaning as will render them operative and effective and to prevent persons from eluding or defeating them Presumption against absurdity - Must receive a sensible construction such as will give effect to the legislative intention so as to avoid an unjust or absurd conclusion Presumption against violation of international law - In conformity with the Declaration of Principles and State Policies in the Constitution - Phil as a democratic and republican state adopts the generally accepted principles of international law as part of the law of the land

Chapter VI Intrinsic aids in construction and interpretation Intrinsic aids Internal Resorted to only if there is ambiguity Go back to the parts of the statute in order to determine the intention of the legislature aid in

Title is a valuable intrinsic determining legislative intent - Subject of the law

Preamble - Intent of the law found in preamble, situation, circumstances and conditions - Guide in determining the intent

You might also like