Chapter 1 Statutes Law - Rule of conduct formulated and made obligatory by legitimate power of the state - Includes statues

s enacted by the legislature, presidential decrees and executive orders issued by the President in the exercise of legislative power, other presidential issuances in the exercise of his ordinance power, rulings of the Supreme Court construing the law, rules and regulations promulgated by administrative or executive officers pursuant to a delegated power, and ordinances passed by sanggunians of local government units. Statute - Act of legislature as an organized body expressed in the form and passed according to the procedure required to constitute it as part of the law of the land. - Statutes enacted by the legislature are those passed by: - Philippine Commission - Philippine Legislature - Batasang Pambansa - Congress of the Philippines. - Others: - Presidential Decrees issued during martial law under the 1973 Constitution - Ordered by the President during the revolutionary period under the Freedom Constitution (1986) a. Public (substantial) - Affects the public at large of the whole community - General: applies to the whole state and operates throughout the state alike upon all the people or all of a class. It is one, which embraces a class of subjects, or places and dos not omit any subject or place naturally belonging to such class. - Special: relates to particular persons or things of a class or to a particular community, individual or thing. - Local: operation is confined to a specific place or locality (e.g. municipal ordinance) b. Private (substantial) - Applies only to a specific person or subject (e.g. naming a special day, changing the name of a public monument) c. Permanent Statute (duration) - Operation is not limited in duration but continues until repealed - Does not terminate by the lapse of a fixed period or by the occurrence of an event - Neither disuse nor custom or practice to the contrary operates to render it ineffective or inoperative - Examples include: Civil Code, RPC, and national holidays which are envisioned to apply indefinitely d. Temporary (duration) - Duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event - Provides for its own term of existence - Automatic expiration without need for declaration - Examples include: Martial Law, special holidays

e. Other Statutes 1. Prospective (Application) - Law applied when the transaction was sued upon 2. Retrospective (Application) - Law applied for past transactions before the existence of the law 3. Declaratory (Operation)- Declares what the law is 4. Curative (Operation) - Addresses a defect in the law, similar to remedial laws, includes defects such as missing facts or details 5, Mandatory (Operation) - No choice but to obey, has consequences if violated 6. Directory (Operation) - Obey by choice, no consequences if it isnt complied with 7. Substantive (Operation) - Laws on rights, claims, and causes of actions e.g. Civil Code 8. Remedial (Operation) - Based on remedies, defend and prosecute and claim rights, procedural 9. Penal (Operation) - Defines a crime with penalty 10. Affirmative (Form) mandate to do something 11. Negative (Form) prohibit to do something Public Act - Philippine legislature from 1901 to 1935 Commonwealth Act - Laws enacted during the Commonwealth from 1936 to 1946 Republic Act - Laws from 1946 to 1972 and from 1987 onwards Batas Pambansa - Laws promulgated by the Batasang Pambansa from 1972-1986 Presidential Decrees and Executive Orders - Issued by the president in the exercise of his legislative power, serially numbered and with a title Legislative Power (Art. VI, section 1) - Power to Enact: make laws, and to alter and repeal them Executive Power (Art. VII, section 1) - Power to Execute: Enforce and administer laws Judiciary Power (Art. VIII, section 1) - Power to Interpret: Apply and construe the laws Enactment of Statutes Art VI, section 26 (2): 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.

First Reading - Secretary reports the bill for first reading - Reads the number and title of the bill - Bill is referred to the appropriate Committee for study and recommendation - The Committee may hold public hearings on the proposed measure - The Committee submits its report and recommendation for Calendar and second reading Second Reading - Bill shall be read in full with the amendments proposed by the Committee - Bill is subject to debates - After amendments have been acted upon, the bill will be VOTED on - If approved, the bill shall be included in the Calendar of bills for third reading - Printed copies shall be distributed to its members before passage into its final form Third Reading - The bill is submitted for final vote by yeas and nays and is entered into the journal. - The approved bill is transmitted to the Senate for concurrence, which will follow substantially the same process. - If the Senate approves the bill without amendment, the bill is passed by Congress and the same will be transmitted to the President for appropriate action *Presidential certification of a bill dispenses the requirement of printing and distribution of the bill 3 days before final passage and reading the bill on separate days. Presidential certifications may not be subject for judicial review. Conference Committee Reports - If the Senate introduces amendments and the HOR does not agree, a conference committee is held to settle the amendments and the report containing the recommendations shall be considered passed by Congress and sent to the President for action - Recommendations may include new provisions in the bill that were not originally included in either House or Senate versions of the bill - Mechanism for compromising differences between the Senate and the House in the passage of a bill into law Authentication of Bills - System of authentication devised is the signing by the Speaker and the Senate President of the printed copy of the approved bill, certified by the respective secretaries both Houses. - It signifies that the bill presented to the President is duly approved by the legislature and ready for approval or rejection (separation of powers, coequal branch) Presidents Approval or Veto - The bill is enacted upon the Presidents signature approval - The President has the power to veto the bill presented and return it to the House where it originated with his objections. The objections shall be entered in its Journal. - The veto must be communicated within 30 days after receipt of the bill. - The House where the bill originated shall be reconsidered and shall agree to pass the bill with 2/3 concurrence of all the members of the House

- The reconsidered bill and the Presidents stated objections are sent to the other House and if approved by 2/3 of all the members of the House, it shall become a law. - The votes of each House shall be determined by yeas and nays and the names of the Members voting for or against the bill be entered in its Journal.
Parts of Statutes (Intrinsic Aid) 1. Preamble - Prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed. It is usually found after the enacting clause and before the body of the law. 2. Title

- Article VI, section 26 - One title one subject rule - Purpose of the title requirement: a) prevent log-rolling legislation, b) prevent surprise or fraud upon the
legislature which might lead to the careless adoption of the bill, and c) fairly apprise the people of the subject matter of the legislation, and d) guide in ascertaining legislative intent and clarify doubt or ambiguity in the meaning of a statute - Where there is doubt as to whether the title sufficiently expresses the subject matter of the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute - Example in class: The New Anti-Subversion Act - Sufficient and already indicates that the bill is a repeal to the previous version of the AntiSubversion Act - The title requirement does not apply to the laws in force and existing at the time the 1935 Constitution took effect - A statute whose title does not conform to the constitutional requirement or not related in any manner to its subject is NULL and VOID. 3. Enacting Clause - Part of a statute written immediately after the title thereof which states the authority by which the act is enacted - US-Philippine Commission: By authority of the President of the United States be it enacted by the United States Philippine Commission - Philippine Legislature: By authority of the United States, be it enacted by the Philippine Legislature - Bicameral Philippine Legislature: Be it enacted by the Senate and the House of Representatives of the Philippines by the legislature assembled and by authority of the same - Commonwealth: Be it enacted by the National Assembly f the Philippines - Commonwealth (bicameral): Be it enacted by the Senate and the House of Representatives in Congress assembled

4. Purview or Body of Statute - That part which tells what the law is all about - Should only embrace one subject matter 5. Separability Clause - That part of a statute which states that if any provision of the act is declared invalid, the remainder shall not be affected - Such a clause is not, however controlling and the courts may, in spite of it, invalidate the whole statute where what is left, after the void part, is not complete and workable

6. Repealing Clause - When the legislature repeals the law, the repeal is not a legislative declaration finding the earlier law unconstitutional - The power to declare a law unconstitutional does not lie with the legislature, but with the courts 7. Effectivity Clause - The provision when the law takes effect - Usually, the provision as to the effectivity of the law states that it shall take effect 15 days from publication in the Official Gazette or in a newspaper of general circulation Article VI, section 24 - Under the Constitution, all appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall exclusively originate from the House of Representatives - The Senate however, after the proposal of the bills, may alter or propose a totally different bill Budget process 1. Budget Preparation 2. Budget Authorization 3. Budget Execution 4. Budget Accountability Appropriation Bill - A special type of legislation whose content is limited to specified sums of money dedicated to specific purposes or a specific fiscal unit - Inherent in the power of appropriation is the power to specify how the money shall be spent Article VI, section 25 - The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and the manner of preparation of the budget shall be prescribed by law. Power of the Purse - Spending power - Belongs to the Congress, subject only to the veto of the President Inappropriate Provisions - Can be considered as item and which the President may validly veto - Any provision which is intended to amend another law - A restriction precluding the Congress from including in the appropriation bills Special provisions - Conditions to items which cannot be vetoed separately from the items to which they relate so long as they are appropriate in the budgetary sense Fiscal Autonomy

- Contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require - Means freedom from outside control Legislative Journal () - Art VI, section 16, paragraph 4: each House shall keep a Journal of its proceedings, and from time to time publish the same excepting such parts as may, in its judgment, affect National Security; and the yeas and nays on any question shall at the request of one-fifth of the Members present, be entered in the Journal -Entries or records contained in the legislative journals are declared conclusive upon the courts -Imperative reasons of public policy require that authenticity of laws should rest upon public memorials of the most permanent in character. They should be public, because all are required to conform to them; they should be permanent that rights acquired today upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote period of time by facts resting only in the memory individuals (US vs Pons) -In case of conflict between enrolled bill and the legislative journals, it is the enrolled bill that should prevail except as to matters that the Constitution requires to be entered into the Legislative Journal Enrolled Bill -The bill passed by Congress after third reading, signed by the Speaker and the Senate President and certification of the Secretaries of both Houses of Congress. -The text of the act is deemed importing absolute verity and is binding on the courts. -It is considered conclusive not only of its provisions but also of its due enactment. -Assurance by the legislative and executive departments of the government that it was passed by the assembly. Based on the principle of separation of power and regard between each branch of power as co-equals, the judicial department is required to act upon the assurance that the bill has been authenticated. -Courts cannot inquire on the rules of the proceedings, they just need to make sure that the constitutional process was followed. -The Speaker and the Senate President may withdraw their respective signatures from the signed bill if there is discrepancy between the text of the bill as deliberated in Congress and what is shown in the journal and the enrolled bill. If there are provisions not included in the enrolled bill, the court can declare that the bill has not been duly enacted and did not accordingly become law. Ordinance Power -The power to run the Executive Department Chapter 2 Book 3 of EO 292 -Grants ordinance power to the President and may issue the following: Sec. 2 Executive Orders. Providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. Sec. 3 Administrative Orders. Relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders.

Sec. 4 Proclamations. Fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations, which shall have the force of an executive order. Sec. 5 Memorandum Orders. Matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders Sec. 6 Memorandum Circulars. 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. 7 General or Special Orders In the Presidents capacity as Commander in Chief of the AFP Administrative Rule -Rule-making power of a public administrative body is a delegated legislative power -Has force and effect of law or partake the nature of a statute -Rules should be germane to the objects and purposes of the law, must not contradict to the standards prescribed by law, and for the sole purpose of carrying into effect the general provisions of law -Basic law prevails over administrative rules -The law in which the administrative rules are based on must be a) complete in itself, and b) fix a standard which may be express or implied Legislative Rule -Nature of subordinate legislation, crafted to implement a primary legislation Administrative Interpretation -Administrative interpretation of the law is at best merely advisory, for it is the courts that finally determine what the law means. -Promulgation of rules and regulations by the administrative agency is binding of the courts even if they are not in agreement with the policy stated therein SC Ruling and Power -Article VIII, section 5 (5) provides for the rule-making power of the Supreme Court. (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. -Article VI, section 30:

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. -The Supreme Court does not have power to promulgate rules, which are substantive in nature. Test: If it takes away vested right, it is not procedural. If the rule creates right such as the right to appeal, it is substantive. Legislative Power of LGU -Power of the LGU to enact ordinances (barangay ordinance, municipal ordinance, city ordinance, and provincial ordinance. Barangay Ordinance -May pass ordinances affecting a barangay and voted by a majority of all its members. -Subject to review by the sangguniang bayan or sangguniang panlungod and is required to take action within 30 days after submission. Municipal Ordinance -Power to enact municipal ordinance is vested in the sangguniang bayan by vote of the majority of the members. The ordinance is submitted to the municipal mayor who shall return it wither with his approval or veto within 10 days from receipt. -Sangguniang bayan has the power to override the veto of the mayor. -The ordinance is then submitted to the sangguniang panlalawigan for review within 30 days from receipt of ordinance. City Ordinance -Vested in the sangguniang panlungsod and voted upon by the majority of all members. -Approved ordinance shall be submitted to the city mayor who shall return it with his approval or veto within 10 days from receipt thereof. -If it is a component city, the sangguniang panlungsod submits to the bill to the sangguniang panlalawigan for review and shall take action within 30 days after receipt and is deemed valid if there is no action within the 30-day period Provincial Ordinance -Vested in the sangguniang panlalawigan as the legislative body of a province and is passed by a vote of a majority of all members present and enact ordinances affecting the province. The ordinance is forwared to the governor who shall return with approval or veto within 15 days after receipt of the ordinance. -The veto can be overridden by the sangguniang panlalawigan by a vote of 2/3 of all its members. Presumed Constitutionality of Statutes -Every statute is presumed valid and this is based on the presumption that before a bill is enacted, the legislature has decided that it is Constitutional and the Presidents approval indicates that he is convinced of its validity. -Unconstitutionality of the law must be clear beyond reasonable doubt. The final authority to declare a law unconstitutional is the Supreme Court en banc -Every court is charged with the duty of a purposeful hesitation before declaring a law unconstitutional. -To doubt is to sustain

Requisite for exercise of judicial power 1) Existence of an appropriate case 2) An interest personal and substantial by the party raising the constitutional question 3) The plea that the function be exercised at the earliest opportunity, and 4) Necessity that the constitutional question be passed upon in order to decide the case Appropriate Case -The question of constitutionality of a statute must be a bona fide case, one in which it raises a justiciable controversy, the resolution of which the court will have to choose between the Constitution and the challenged statute. -The Court does not automatically assume jurisdiction over actual constitutional cases brought before it even in instances that are ripe for resolution. Locus Standi -Personal a substantial interest in the case such that the party has sustained or will sustain direct inquiry as a result of the governmental act that is being challenged. -Material interest A citizen acquires standing only if he can establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of government -A taxpayer is deemed to have the standing to raise a constitutional issue when it is established that public funds have been disbursed in alleged contravention of the law or the Constitution. -The person questioning the validity of a statute must show that he has sustained or is in immediate danger of sustaining some direct injury as a result of its enforcement. When to Raise Constitutionality -Raise it at the earliest opportunity, which means raising the question in the complaint or in the answer by defendant or respondent. -The question may also be raised in criminal cases at any state of the proceedings or on appeal, in civil cases. -The court will avoid the constitutional question until an appropriate case arises in which a decision upon such question is unavoidable. Test of Constitutionality -What the Constitution provides in relation to what can or may be done under the statute. -It may be declared unconstitutional because 1) It is not within the legislative power to enact 2) It creates or establishes methods or forms that infringe constitutional principles 3) Purpose or effect violates the Constitution or its basic principles 4) Vague statute and lacks comprehensible standards which is considered a violation of due process and leaves law enforces unbridled discretion to carry out provisions. Effect of Unconstitutionality - Inoperative as though it had never been passed When Law Takes Effect -Article 2 of the Civil Code: laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided

When Presidential Issuance, Rules, and Regulations Take Effect -Rules and regulations issued by administrative or executive officers to enforce or implement a law take effect after 15 days following publication in the OG or in a newspaper of general circulation When Local Ordinance Takes Effect -Shall take effect after 10 days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least 2 other conspicuous places in the local government unit concerned. Statutes continue in force until repealed -Law once established continues until changed by come competent legislative power. It is not changed by the change of sovereignty except that of a political nature. -There can be no break or interregnum in law. -The law continues to be unchanged until the new sovereign by legislative act creates a change. Manner of computing time -Year (365 day period) -Month (30 days) -Day (24 hours)

Chapter 2 Construction and Interpretation Construction - is the art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that given case is not explicitly provided for in the law Interpretation - Art of finding the true meaning and sense of any form of words In practice or common usage, interpretation and construction are understood as having the same significance. Rules of statutory construction - tools used to ascertain legislative intent - not rules of law but mere axioms of experience - maybe adopted by legislature as part of the provisions of a statute *All rules of construction or interpretation have for their sole object the ascertainment of the true intent of the legislature. Legislative intent - Vital part, essence of the law - the law, and the key to, and the controlling fact in its construction or interpretation Courts will not follow the letter of the statute when it leads away from the true intent of the legislature and to conclusions inconsistent with the general purpose of the act. *Where a statue is susceptible of more than on construction that construction should be adopted which most will tend to give effect to the manifest intent of the law Legislative purpose - The reason why a particular stature was enacted by the legislature Legislative meaning - What the law, by its language means *If there is ambiguity in the language in a statue, its purpose may indicate the meaning of the language and lead to what the legislative intent is. *The duty and power to interpret or construe a statute or the Construction belong to the judiciary. *The Supreme Court construes the applicable law in controversies which are ripe for judicial resolution. It refrains from doing so where the case has become moot and academic and it will instead dismiss the case. Moot and academic - Purpose of the case or questions has become stale or where no practical relief can be granted or which can have no practical effect

*The legislature has no power to overrule the interpretation or construction of a statue or the Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter by the fundamental law. *The interpretation of a statue or a constitutional provision by the courts is not so sacrosanct as to be beyond modification or nullification. The Supreme Court itself may, in an appropriate case, change or overrule its previous construction. *The rule that the Supreme Court has the final word in the interpretation or construction of a statue merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statue which has been the subject of construction. Condition sine qua non - There should be doubt or ambiguity in its language before the court may construe or interpret a statute Ambiguity - a condition of admitting two or more meanings, of being understood in more than one way, or referring to two or more things at the same time *Court shall not construe where the statute is clear. Verba legis - Where the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without interpretation Index animi sermo est - Speech is the index of intention *Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. Legis interpretato legis vim obtinet - The authoritative interpretation of the Supreme Court of a statute acquires the force of law by becoming apart thereof as of the date of its enactment, since the court's interpretation merely establishes the contemporaneous legislative intent that the statute construed intends to be effectuate Stare decisis te non quieta novere - When the Supreme Court has once laid down a principle of law as applicable to a certain state if facts, it will adhere to that principle and apply it all future cases where the facts are substantially the same this principal assures certainty and stability in the legal system Judicial rulings have no retroactive effect Lex prospicit, non respicit - The law looks forward, not backward

*The Supreme Court may abandon or overrule its earlier decision construing a statute whenever it is right and proper to do so. *Only Supreme Court en banc can modify or abandon principle law, not any division of the court. Courts may not enlarge nor restrict statutes.

Chapter 3 Aids to Construction Title of a statute - serves as aid in case of doubt in its language, to its construction and to ascertaining legislative will When the text of a statute is clear and free from doubt, it is improper to resort to its title to make it obscure. Preamble - That part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment of the law - not an essential part of a statute - cannot be used as a basis for giving a statute a meaning not apparent on its face - Where the meaning of a statute is clear and unambiguous, the preamble can neither expand nor restrict its operation, much less prevail over its text - The preamble sets out the intention if the legislature. - When there is ambiguity, the preamble may decide the proper construction to be given to the statute. Context of whole text - The best source from which to ascertain the legislative intent is the statute itself. - Legislative intent should accordingly be ascertained from a consideration of the whole context of the statute and not from an isolated part or particular provision. -Body is BEST AID Punctuation marks - It is a rule of legal hermeneutics that punctuation marks are aids of low degree and can never control against the intelligible. - Semicolon, colon, comma, period Capitalization - Capitalization if letter is an aid of low degree in the construction of a statute - Connotes proper names or nouns Headnotes, headings, or epigraphs - Convenient index to the contents of its provisions - However not entitled too much weight, and inferences drawn therefrom are of little value and they can never control the plain terms of the enacting clauses, for they are not part of the law Intent or Spirit - The law is the law itself - The spirit, rather than the letter, of a statute determines its construction; hence, a statute must be read according to its spirit or intent. -Body over the spirit *The policy of the law, once ascertained should be given effect by the judiciary. Purpose of law

- In construing a statute, the purpose or object of the law or the mischief intended to be removed or suppressed and the causes, which induced the enactment of the law, are important factors to be considered in its construction - The court must look to the object to be accomplished, the evils to be remedies, or the purpose to be subserved, and should give the law a reasonable or liberal construction which will best effectuate its purpose - The purpose of the statute is more important than rules of grammar and logic in ascertaining its meaning Dictionaries - Generally define words in their natural, plain, and ordinary acceptance and significance - Where the law does not define words used in a statute and the legislature has not intended a technical or special legal meaning to those words, the Court may adopt the ordinary meaning of the words as defined in the dictionaries Consequences of various constructions - Inquired into as additional aids in interpretation - A construction of a statute should be rejected that will cause injustice or hardship; result in absurdity; defeat legislative object; render certain words or phrases a surplusage; nullify the statute or make any of its provisions nugatory Presumptions - The court may properly rely on presumptions as to legislative intent in order to resolve doubts as to its correct interpretation - Based on logic, experience, and common sense, and in the absence of compelling reasons to th contrary, doubts as to the proper and correct construction of a statute will be resolved in favor of that construction which is in accord with the presumption on the matter Legislative history - By looking and investigating the legislative history of the statute, the court will be able to arrive at its correct interpretation - The court may take judicial notice of the origin and history of the statute which it is called upon to construe and apply, and of the facts which affect its derivation, validity, and operation 1. President's message 2. Explanatory note (notes of the author found in the legislature) 3. Legislative debates, views, deliberations 4. Reports of commissions 5. Prior laws from which statute is based 6. Change in phraseology by amendments 7. Amendment by deletion 8. Adopted statutes A statute which has been adopted from that of a foreign country should be construed in accordance with the construction given it in the country of origin is not without limitations Conditions at the time of enactment - In enacting a statute, the legislature is presumed to have taken into account the existing conditions of things at the time of its enactment History of the times

- A court may look into the history of the times, examining the state of the things existing when the statute was enacted Contemporary construction - Constructions placed upon statutes at the time or, or after their enactment by the executive, legislative or judicial authorities, as well as by those who, because of their involvement in the process of legislation, are knowledgeable of the intent and purpose of the law 1. By an executive or administrative officer directly called to implement the law, 2. By the Secretary of Justice as the chief legal adviser of the government, 3. In an adversary proceeding by an executive officer exercising quasi-judicial Contemporanea expositio est optima et fortissima in lege - The contemporary construction is strongest in law Executive construction - Commonly understood as contemporaneous construction - The construction placed upon the statute by an executive or administrative officer - Where there is doubt as to the proper interpretation of a statute, the uniform construction placed upon it by the executive or administrative officer charged with its enforcement will be adopted if necessary to resolve the doubt - Entitled to much weight because it comes from the particular branch of government called upon to implement the law thus construed Optimus interpres rurum usus - The best interpretation of the law is usage Legislative approval - Reenacts a statute construed executively - Uses similar language as in an earlier law construed contemporaneously - Amends a statute previously construed without changing the executive construction - Presumed to have full knowledge of a contemporaneous or practical construction of a statute by an administrative or executive officer charged with its enforcement Stare decisis et non quieta movere - One should follow past precedents and should not disturb what has been settled - Must be of direct ruling to apply - Does not apply where facts are dissimilar, or when there is a conflict between the precedent and the law Obiter dictum - Opinion expressed by a courts upon a question of law which is not necessary to the decision of the case before it; not binding as a precedent

Chapter 4 Adherence To, or Departure From, Language of Statute Verba legis - Plain meaning rule - If the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation Index animi sermo - Speech is the index if interpretation Verba legis non recedendum - From the words of a statute there should be no departure Absoluta sententia expositore non indiget - When the language of the law is clear, no explanation of it is required Dura lex sed lex - The law may be harsh, but it is still the law Hoc quidem perquam durum est, see ita lex scripta est - It is exceedingly hard but so the law is written - The principle requires that the statute should be applied regardless of whether is it unwise, hard or harsh Spirit of the law - Wholly incapable of construction, meaning vague or unascertainable: INOPERATIVE - Literal meaning leads to absurdity, injustice contradiction or defeat the clear intent of legislature: LANGUAGE YIELDS TO SPIRIT Aequitas nunquam contravenit legis - Equity never acts in contravention of the law Cessante ratione *Statutes must be capable of interpretation, otherwise inoperative Ratio legis - Interpretation according to the spirit or reason of the law *As a general rule of statutory construction, the spirit or intention of a statute prevails over the letter thereof, and what is within the spirit of a statute is within the statute although it is not within the letter thereof, while that which is within the letter but not within the spirit of the statute is not within the statute. *A statute must be read according to its spirit and intent, and where the legislative intent apparently conflicts with the letter of the law, the former prevails over the latter.

*The court may consider the spirit and reason of a statute where a literal meaning would lead to absurdity, contradiction, injustice, or would defeat the clear purpose of the lawmakers.