STATUTORY CONSTRUCTION

From the Lectures of Professor Ralph James Garcia Laman,

Attorney-at-Law/Real Estate Broker

Statutory Construction, Definition

It is the art of seeking the intention of the
legislature in enacting a statute and of applying
it to a given state of facts.

Legal Hermeneutics
Systematic body of rules which are recognized
as applicable to the construction and
interpretation of legal writings.
Application of said principles is termed
EXEGESIS

When may courts resort to statutory construction?
Only when the a statute is capable of more than
one construction.
When a statute is clear and unambiguous,
inquiry into legislative intent ends.


REQUISITES of Statutory Construction
1.) There must be an actual case or controversy.
2.) There is ambiguity in the law involved in the
controversy.

What is ambiguity?
Capable of more than one meaning.
Vs. Vagueness The information is lacking in
detail. There is a lack in the definition.
In Statutory Construction (Philippine jurisdiction),
the distinction is moot, as the main purpose is
the determination of LEGISLATIVE INTENT.

Power to construe the Law

The power to construe the law is essentially
judicial.
It is the judiciary that declares what the
law is.
It is the legislature that declares what
the law shall be.

Judicial Legislation
The power and duty of the courts to construe the
law may not be used to modify, amend, remodel,
or rewrite a statute.
Judicial legislation is an usurpation of the power
of the legislature and is a violation of the
separation of powers.

Legislature cannot bind the Court
The legislature cannot bind courts to a particular
construction of an existing law. This is considered as an
invasion of the jurisdiction of the judiciary.
Endencia vs. David 93 Phil 696

Executive Construction
Construction by the executive is not binding
upon the courts. However, it is entitled to great
weight and consideration as the executive is the
branch of the government tasked to implement
the law.
(Ramos vs CIR GR No. L-
43760)

Construction of a partly void statute.
Where the void part is separable from the valid,
the valid part may stand and be enforced.
Caveat:
The valid portion must be independent
that it may be presumed that the
legislature enacted it even if the void
part may be declared invalid.
The main purpose of the statute must
not be affected even with the invalidity
of a provision

Purpose of Construction
To ascertain the meaning and intention of the legislature.
The determination of legislative intent.
Every rule of construction must yield to the expression of
the will of the legislature. The rules on statutory
construction aids the court in ascertaining legislative
intent.

Basic principles (not exclusive)
The intention of the legislature must be
ascertained and given effect.
The law may not be enlarged beyond the actual
words used.
Matters not included in the law may not be
incorporated
Where the law does not distinguish, the court
should not distinguish.

Legislative Intent
The intent of the legislature when enacting a
statute.
The SOUL and ESSENCE of the law.
Can only be discovered by:
The history in enacting a statute.
i.e. Congressional debates
The evil aimed to be prevented.

Some principles (not exclusive)
An interpretation which gives effect to the intent
of the law and is in keeping with the modern
trend of similar statutes should be followed.
Every statute must receive a construction which
will harmonize with the pre-existing body of
laws. (LBP vs Obias)
Statutes are deemed enacted pursuant tp the
legislative policy embodied in prior statutes.

Courts must give effect to the legislative intent
embodied in the four corners of the statute.
To discover said intent, the whole statute must
be considered, and not only a particular
provision thereof.

CAVEAT (important)
Rules of Construction not MANDATORY upon
the courts.
However, they may greatly influence by
the rules of statutory construction.

Article 8 - New Civil Code.
Judicial decisions interpreting the laws or the
Constitution form part of the laws of the land.

The interpretation placed by the court upon a
statute constitutes a part of it as of the date it
was originally passed.


Common Law Vs. Civil Law

Common Law
-generally uncodified, there is no comprehensive
compilation of legal rules and statutes
-largely based on PRECEDENT (judicial decisions)

PRECEDENT (Jurisprudence)
-Judicial decisions already made in similar cases.
- Also called Case Law.
- Maintained over time through:
- Court Records
- Historical documents
- Yearbooks
- Reports

The role of precedents in common law
-The precedents to be applied in the decision of each
new case is determined by the presiding judge.
-The judiciary help shape the law of the land in common
law jurisdictions.
i.e. England (Pure common law)

PRECEDENT (Jurisprudence)

Common law is an ever growing and ever-changing
system of legal principles and theories. It must be
recognized that due to the modern tendency toward
codification (which was the principle of the Roman and
Civil Law), there are no jurisdictions to-day with a pure
English Common Law, with the exception of England
itself.

Common Law in other countries
The United States is mostly English Common Law
blended with American codification and remnants of the
Spanish and French Civil Codes.
1/3of the world's population (approx. 2.3 billion people)
live in common law jurisdictions or in systems mixed with
civil law. It originated in England in the Middle Ages and
in countries that trace their legal heritage to England as
former colonies of the British Empire like India, etc.

CIVIL LAW

- Core principles are codified into a referable
system serving as the primary source of law.
- derived from the Latin ius civile, the law
applicable to all Roman cives or citizens.

CIVIL LAW
-Origin and first model was the Code of Justinian (Codex
Justinianus)- the Codification of Roman Law ordered by
Emperor Justinian I
-Lost and rediscovered in 11
th
century Italy and the
Renaissance and came to be known as (Corpus Juris
Civilis).


Philippine Jurisdiction
-Civil law (predominantly), but is actually a hybrid of both
civil law and common law systems.
-Civil law elements originated from Spanish law during
the Spanish colonial period
-Common law elements come from Anglo-American law
brought by the United States during its 46 year rule of
the country.

Civil law in the Philippines
*Major Codified laws
-Revised Penal Code
-Civil Code
-Corporation Code
-National Internal Revenue Code
-Labor Code
-Rules of Court (originated from the Code of Civil
Procedure under Spanish law).

Common law in the Philippine setting
Common law is effective in all of the subjects of law in
this jurisdiction in so far as it does not conflict with the
express language of the written law or with the local
customs and institutions.
(In re Max Shoop, Nov. 29, 1920)

Common law in the Philippine setting
In interpreting and applying the written laws, and in
rendering its decision in cases not covered by the letter
of the written law, theories and precedents of Anglo-
American cases (common law), subject to the limited
exception of those instances where the remnants of the
Spanish written law present well-defined civil law
theories and of the few cases where such precedents
are inconsistent with local customs and institutions.
.
Common law in the Philippine setting
Doctrine of Stare Decisis, a doctrine of law that
commands courts to abide by rules and principles laid
down by previous decisions or rulings of the Supreme
Court.
Other examples of common law concepts
-laches,
-equity,
-habeas corpus
Common law in the Philippine setting
Doctrine of Stare Decisis, a doctrine of law that
commands courts to abide by rules and principles laid
down by previous decisions or rulings of the Supreme
Court.
Other examples of common law concepts
-laches,
-equity,
-habeas corpus


Subjects Of Construction

Subjects of Construction (four major groups):

Constitutions
Statutes
Resolutions
Ordinances

Constitutions
That body of rules and maxims in accordance
with which the powers of sovereignty are
habitually exercised.

The 1987 Philippine Constitution
A written instrument by which the
fundamental powers of the government
are established, limited, and defined and
by which these powers are distributed
among the several departments for their
safe and useful exercise for the benefit
of the body politic.

Nature of Constitution
Its contents are the reflections of pre-
existing condition of laws, rights, habits
and modes of thoughts.
Recognizes and declares the inherent
rights or pre-existing rights and
prerogatives of a free people; It sets up
the framework of the governmental
machinery.

Common Parts of a Constitution
1. Constitution of Liberty a series of
prescriptions to delineate the civil and political
rights of citizens.
Sets limitations on the power of the
government to secure the full enjoyment of
the peoples rights.
2. Constitution of Government The provisions
in a constitution which sets up the governmental
framework of the State.

3. Constitution of Sovereignty The provisions
in a constitution which prescribes the procedure
for amending the Constitution. (Art. XII, 1987
Constitution)

Kinds of Constitutions
Written vs. Unwritten
Cumulative vs. Conventional
Rigid vs. Flexible

THE 1987 Constitution of the Philippines is:
-Written
-Conventional
-Rigid

Kinds of Constitutions:

Unwritten Constitution v Written Constitution

Unwritten Constitution not reduced into writing. It
consists largely of a mass of customs, usages,
legislative enactments, and judicial decisions.
-Israel -New Zealand
-Saudi Arabia -Uk
-Canada
Written Constitution provisions are embodied in a
document.

Cumulative v Conventional
Cumulative sourced from customs, common law,
jurisprudence.
Conventional Formulated by a Constitutional
Convention or Royal Proclamation

Flexible v Rigid
Flexible has the same legal authority as legislative
enactments.
Rigid Stands over and above ordinary laws

Statutes
Statutes the written will of the legislature expressed
acoording to the forms necessary.
-An expression of the public will.
-Mandate of the people acting through their
representatives.

Enactment of Statutes
A bill must be acted upon by a validly constituted body in
a prescribed manner/procedure.

Limitation on Statutes

1987 Constitution Art VI Sec. 26 (1) Every bill
passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
Purpose to prevent log-rolling legislation/apprise the
people.


It is sufficient compliance if the title expresses the
general subject.
The constitutional requirement must be given a
practical rather than a technical construction.
Sumulong vs. Comelec 73 Phil 257

The various provisions in the statute must be
germane to the subject matter and purpose of the
law.

The phrase and for other purposes found in the
title of a statute cannto be interpreted to include, any
subject not expressed in the law.
Central Capiz vs Ramirez 40 Phil 883

No bill shall become a law unless it has passed three
readings on separate days. Art VI Sec. 26
Purpose: To prevent hasty legislation.


Mandatory vs. Directory Statutes
Mandatory non-compliance therewith renders
proceedings null and void (shall).
Directory Non-compliance does not invalidate the
proceedings such as form/procedure (may).

Kinds of statutes
1. Remedial those which afford a remedy for the
enforcement of rights.
2. Penal those which impose a punishment. Define
acts to be offenses with their penalties.
3. Curative enacted to cure defects in a prior law.
Also called legalizing acts.
4. Permanent one whose effectivity is not limited to a
period.
5. Temporary effectivity is limited to a fixed period.
6. Original independent of existing statutory
provision. It may add/supplement existing legislation
as long as it does not expressly repeal.
7. Amendatory one which adds or supplements an
original law.
8. Repealing One which revokes or terminates
another statute.
9. Permissive those which allow certain
acts/ommissions.
10. Prohibitive statutes those which forbid.
11. Preceptive command the doing of acts and its
form/manner.
12. Adopted adopted wholly or in part by another
state; enacted as statutes of the adopting state.
13. Re-enacted Pre-existing statutes repassed by the
same legislature.
14. Declaratory one passed for the purpose of
clarifying any ambiguity in pre-existing laws. It
expounds the true meaning and intent of a
legislative act.

Positive Law
Laws that oblige or specify an action. It also describes
the establishment of specific rights for an individual or
group

Code
A code is a re-enactment of the whole body of positive
law.
A compilation is a systematic arrangement of all the
statutues of a state, published to facilitate discovery.

Codification vs. Compilation
Codification- the whole body of positive law is re-
enacted.
Compilation None of the laws compiled grants new
force; mere mechanical collection.