Professional Documents
Culture Documents
Remedy of courts in case of ambiguity. ILLUSTRATIVE CASE: FEDERATION OF FREE FARMERS V CA, G.R. No.
- Construe statute 41161 Sept 10, 1981
- Give it meaning
- In accord with legislative intent Section 1 of RA 809, Sugar Act of 1952 provides:
in the absence of written milling agreements between the
Purpose of construction. majority of planters and the millers of sugarcane in any milling
- Ascertain district in the Philippines xxx shall be divided between them
- And give effect Issues:
- Legislative intent - What is the meaning of in the absence of written milling
agreements?
Construction distinguished from interpretation - Does RA 809 apply even if there is a written milling
- Interpretation: meaning of words, Construction: reads agreement different from the sharing proportion provided
between the lines by it?
Legislative intent, defined.
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- Does the phrase any increase in participation granted EXEGESIS: application
under this Act exclude written agreement?
Held: Different kinds of interpretation.
- RA 809 applies with or without written milling agreements Close interpretation. - literal
between the planter and the mill, even if its literal Extensive interpretation. - liberal
interpretation says otherwise. Extravagant interpretation. departs from the true meaning
- Legislative intent in enacting RA 809: Free or unrestricted interpretation. based on general principles of
In the 1950s, planters staged a strike and interpretation in good faith
threatened not to plant sugar cane unless they Limited or restricted interpretation. influenced by other principles
were given bigger share in the sugar industry and Predestined interpretation. biased
sugar quota commitment.
To remedy the problem, Congress enacted RA 809 Who has authority to construe law.
to force planters to plant, centrals to mill and even - Judiciary
allowing the government to take over planting and
milling. Limitations on power to construe.
The evil sought to be avoided by Congress is the Judicial legislation when a court, under the guise of
exploitation of laborers or sacada in terms of interpretation, modifies, amends, remodels or rewrites a statute
wages and benefits. Illustrative case:
To make the Act operative with or without the CANET V DECENA G.R. No. 155344, January 20, 2004
written milling agreement.
- Legislative purpose in enacting RA 809 to compel FACTS: A businessman applied for permit to operate and maintain a
continuous sugar production & grant laborers share in the cockpit. But the mayor refused because there is no ordinance
increased planters participation in the sugar produce. empowering her to do so.
- Legislative meaning in enacting RA 809: Although not
clearly disclosed in the language of the Act, it however Contention of the businessman: He invokes a resolution
indicates that the laborers should receive their share for as authorizing him to operate a cockpit and a municipal tax ordinance
long as sugar is produced and planters receive increase providing for issuance of a mayors permit to operate businesses.
participation.
- Thus, to literally interpret these phrases is to defeat Contention of the mayor: The mayor refused. Under the Local
legislative intent and purpose, which is to grant laborers Government Code of 1991, the authority to give licenses for the
fair share in sugar produce. establishment, maintenance and operation of cockpits pertains to the
Sanggunian. Also, there is no ordinance authorizing her to do so.
Legal hermeneutics, defined.
- Branch of science establishes principle and rules of ISSUE:
statutory construction
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Can the municipal mayor be compelled to issue business permit in the For a long as laws do not violate the constitution, the court are
absence of ordinance empowering her to do so? limited to interpret and apply them, whether or not they are
wise or salutary.
HELD:
No. While there is a resolution allowing her to operate a Judicial non-interference on question of legislative
cockpit, there is no ordinance giving her similar authority. wisdom.
The municipal tax ordinance contains general provisions for - Courts cannot pass upon questions of wisdom, justice or
issuance of business permits but it is a short on specifics expediency of legislation.
prescribing reasonable fees for cockpit operation. - For as long as laws do not violate constitution, the courts
The ordinance providing these specifics was withdrawn by are limited to interpret and apply them, whether or not
the Sanggunian. they are wise and salutary.
Otherwise, to compel the mayor to issue permit not only
violates Section 447 of the Local Government Code but also When to construe law.- (When does a court construe a law)
encroaches on the mayors administrative prerogatives. - Existence of case before it
Since cockpit operation was not enumerated in the - Actual case or controversy
ordinance, it is excluded. - Ambiguity
The legislature would not have enumerated those covered if
it did not intend to limit. Requisites for statutory construction.
Express mention of one thing, person, act or consequence
exclude the others: Expressio unius est exclusion alterius.
What is expressed puts an end to what is implied. Executive construction of statutes.
Expressium facit cessare tocitum - Persuasive but not binding upon the courts
An omission at the time of enactment, whether careless o
calculated, cannot be judicially supplied even if wisdom Construction of a partly void statute.
recommends it. - Valid portion may stand and be enforced if:
If there is a legislative gap caused by omission, the judiciary Separable
cannot fill that gap. Otherwise, it results in judicial Independent
legislation. Sufficient to make a complete, intelligible and valid
statute which carries out the legislative intent
Effects of rules of construction upon courts.
QUESTION OF LEGISLATIVE WISDOM: - Not mandatory
Courts cannot pass upon questions of wisdom, justice or - Unless expressly provided by statutes.
expediency of legislation. - But judicial decisions interpreting laws form part of our
legal system.
Unless provided by statutes.
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Examples: has become an understood part of its system, to which obedience is
- Article 10, Civil Code: expected and habitually yielded. (Cooley, 1868)
In case of doubt in the interpretation or application of
laws, it is presumed that the lawmaking body Strong (1963) summarizes the definition of constitution by saying
intended right and justice to prevail. that:
- Section 4, Labor Code:
All doubts in the implementation and interpretation of A constitution may be said to be a collection of principles according
the provisions of this Code, including its implementing to which the powers of the government, the rights of the governed,
rules and regulations, shall be resolved in favor of and the relations between the two are adjusted. The constitution may
labor. be a deliberate creation on paper; it may be found in one document
which itself is altered or amended as time and growth demand; or it
may be a bundle of separate laws given special authority as the laws
PART II. SUBJECTS OF CONSTRUCTION of the constitution. Or, again, it may be that the bases of the
constitution are fixed in one or two fundamental laws while the rest
1. CONSTITUTION of it depends for its authority upon the force of custom. (p. 11)
2. STATUTES
3. ORDINANCES Philippine Constitution, defined.
4. RESOLUTIONS
5. EXECUTIVE ORDERS a written instrument by which the fundamental powers of the
6. DEPARTMENT CIRCULARS government are established, limited and defined, and by which those
powers are distributed among the several departments for their safe
Constitution, defined. and useful exercise and for the benefit of the body politic. (Malcolm
The fundamental law, written or unwritten, that establishes the and Laurel, 1936 as cited by Suarez, 2008)
character of a government by defining the basic principles to which a
society must conform; by describing the organization of the -Fundamental law of the land
government and regulation, distribution, and limitations on the -body of rules and maxims
functions of different government departments; and by prescribing -where powers of sovereignty are habitually exercised
the extent and manner of the exercise of its sovereign powers. -Written instrument
A legislative charter by which a government or group derives its - Fundamental powers of the government are established, limited and
authority to act. defined
- By which these powers are distributed among several departments
A constitution is that body of rules and maxims in accordance with -For their safe and useful exercise
which the powers of sovereignty are habitually exercised. Broadly -For the benefit of the body politic
speaking, every state has some kind of a constitutiona leading
principle that prevails in the administration of its government until it Nature of Constitution.
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2. Constitution of libertyits provisions should set forth the
Nature of Constitution can be defined as the relationship of the fundamental rights of the
government and its people. Each State have their own version of their
Preamble and Articles which makes their constitutions unique. It is people and impose certain limitations o the powers of the
not acceptable for a State to exist without a Constitution defining the government as a means of
relationship of the people governing the State and the people who
completes the State. Recognizes and declares inherent rights and securing the enjoyment of these rights. (De Leon and De
prerogative of a free people. Leon)
Constitution distinguished from statute. 3. Constitution of sovereigntyits provisions should point out
the mode or procedure for
(De Leon and De Leon)
amending or revising the constitution. (Garner as cited by De Leon
1. A constitution is a legislation direct form the people, while a and De Leon)
statute is a legislation from the peoples representatives.
2. A constitution merely states the general framework of the law Kinds of Constitution.
and the government, while a statute provides the details of Written and unwritten.
the subject of which it treats.
As to their form:
Constitution general principles and foundation of government,
relatively permanent in character 1. Writtenone which has been given definite written form at a
Statute more detailed, tentative particular time, usually a
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un-codified constitution in the sense that there is no single As to manner of amending them:
document that can be classed as Britain's constitution. The
British Constitution can be found in a variety of documents. 1. Rigid or inelasticone of special sanctity which cannot be
(Trueman, 2012) amended except by some
Note: Strong (1963) argues that classifying constitutions as written special machinery more cumbrous than the ordinary legislative
and unwritten is a false distinction. This is so because there is no process (Strong, n.d. as cited by De Leon and De Leon). In
constitution which is entirely unwritten and no constitution entirely short, Strong (1963) says, the constitution which cannot be
written. bent without being broken is a rigid constitution.
his subjects like the Constitution of Japan in 1889 (De Leon and De Statute, defined.
Leon). By being enacted, this means that a constitution is the result
of a legal action of a body of persons whose task is to make laws. As Statute is an act of legislature as an organized body expressed in the
for the Japanese Constitution of 1889, this law is largely the form, passed according to the procedure, required to constitute it as
handiwork of the genro (elder statesman) Ito Hirobumi, [who] called part of the law of the land.
for a bicameral parliament (the Diet) with an elected lower house and
a prime minister and cabinet appointed by the emperor. (Meiji, 2012, A statute is a written law passed by a legislature on the state or
para. 1) federal level. It may forbid a certain act, direct a certain act, make a
declaration or set forth a governmental action to aid society. A statute
b. Cumulative or evolvedis a product of growth or a long period begins as a bill and after it is passed by both houses and by the
of development originating in customs, traditions, judicial decisions, executive officer, the bill becomes a law.
etc. rather from a deliberate and formal enactment. An example of
this is the English Constitution. (De Leon and De Leon) Written will of the legislature, a public will and peoples mandate
expressed through their representatives.
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Presidential decrees issued during Martial Law, executive orders 2) Executive Orders (Freedom
issued under the Freedom Constitution. Constitution)
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But the factual basis of the presidential certification of provision not found in either bills. Thus, political scientists call the
bills may not be subjected to judicial review. It merely Conference Committee a third body of the legislature.
dispenses with the procedural requirements designed
to insure that bills are duly considered by members. a. A Conference Committee is constituted and is composed of
Members from each House of Congress to settle, reconcile or
(?) Contention of Petitioners: The certification of the bill is invalid thresh out differences or disagreements on any provision of the
because there was no emergency. The justification of growing bill.
budget deficit is not an unusual condition in this country. b. The conferees are not limited to reconciling the differences in
HELD: The presidential certification dispenses not only printing and the bill but may introduce new provisions germane to the
distribution of the copy of the bill but also the reading on separate subject matter or may report out an entirely new bill on the
days. The phrase except when the President certifies to the necessity subject.
of its immediate enactmentxxx qualifies the 2 stated conditions c. The Conference Committee prepares a report to be signed by
before a bill becomes a law. The unless clause must be read in all the conferees and the Chairman.
relation to the except clause because they are coordinate clauses of d. The Conference Committee Report is submitted for
the same sentence. To construe the except clause as simply consideration/approval of both Houses. No amendment is
dispensing the printing and distribution not only offends grammar but allowed.
also negates the very premise of the except clause. The necessity
of securing the immediate enactment of the bill which is certified in Illustrative case: Tolentino v Secretary of Finance, 235
order to meet a public calamity or emergency. SCRA 630 (1994)
The factual basis of presidential certification of bills is not FACTS: The Conference Committee consolidated the House and
subject to judicial review pursuant to the principle of Senate versions closed doors which resulted in an entirely different
separation of powers as it merely involves doing away with version.
procedural requirements. A law may not be declared CONTENTION OF PETITIONERS: The House Committee Report
unconstitutional when what is violated in its passage are mere included provisions not found in either version and these were
internal rules of procedure. Unlike the sufficiency of the factual basis secretly inserted into it closed doors.
of the suspension of the privilege of the writ of habeas corpus which HELD: There is nothing wrong about closed door executive sessions.
threaten individual rights hence subject to judicial review. Often, when only the conferences are present, it is the only way to
harmonize conflicting provisions. The incomplete sentences in the
transcripts may be attributed to the stenographers own limitations
Conference Committee it is a mechanism to harmonize or incoherence of statements.
differences between both Houses in the passage of the bill into law. Amendment in the nature of a substitute by the Conference
But it can deal generally with the subject matter. It may produce Committee resulting in a third version is allowed provided it is
results beyond its mandate. The rules do not limit it to consider germane to the subject of both versions.
conflicting provisions only. It is empowered to include an entirely new
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Override of presidential veto
If the President decides to exercise his veto powers, the Congress
Doctrine of enrolled bill may re-pass the vetoed bill if two-thirds of both Houses, voting
When both houses approve the Conference Committee Report separately, approve its enactment. In this case, the bill also officially
adopting third version of the bill, it is the latter that is the final and becomes a law.
conclusive version submitted to the president for approval. The
requirement of 3 readings on separate days and distribution of copies 3 ways by which a bill becomes a law
3 days prior does not apply to Conference Committee Reports. A bill passed by Congress becomes a law in either of three ways:
Under the enrolled bill doctrine, the text of the act as passed and 1. When the President signs it
approved is deemed importing absolute veracity and is binding on the 2. When the President does not sign nor communicate his veto
courts. An enrolled copy of the bill is conclusive not only of its
of the bill within thirty days after his receipt thereof
provisions but also of its due enactment. Once the Senate
President and Speaker sign the bill and the Secretaries certify 3. When the vetoed bill is repassed by Congress by two-thirds
IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE? vote of all its members, voting separately. (Congress overrides
No, in one case, the Senate President admitted to a mistake and veto)
withdrew his signature. Thus, the Supreme Court went behind the
enrolled bill and consulted the Journal to determine whether certain
Parts of statutes.
provisions of the statute had been approved by the Senate. There
e. Title the heading on the preliminary part, furnishing the name
was no longer any enrolled bill to consider when the signature was
by which the act is individually known. It is usually prefixed to
withdrawn.
the statute in the brief summary of its contents. The general
statement of the subject of the bill.
Authentication of bills
The system of authentication devised is the signing by the Speaker
f. Preamble part of statute explaining the reasons for its
and the Senate President of the printed copy of the approved bill, to
enactment and the objects sought to be accomplished. Usually,
signify to the President that the bill being presented to him has been
it starts with whereas. Part which follows the title and
duly approved by the legislature and is ready for his approval or
precedes the enacting clause
rejection.
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custom. r. Effectivity Clause / Date of effectivity announces the effective
date of the law. Time when law takes effect. Usually after 15 days
h. Body the main and operative part of the statute containing its
substantive and even procedural provisions. Provisos and following completion of publication in the Official Gazette or in a
exceptions may also be found. Main part of the bill, rights or newspaper of general circulation.
remedies.
One title-one subject rule.
i. POLICY SECTION declaration of state policy. Sec. 26 (1), Article VI, 1987 Constitution.
Every bill passed by the Congress shall embrace only one subject
j. Definition section Defines terms which shall be expressed in the title thereof
A bill embraces only one subject matter, to prevent logrolling, to
k. Administrative section Enforcement body prevent surprise or fraud, to inform the people.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
l. Standards of conduct do and avoid ISSUE: An Act Restructuring the Value-Added Tax (VAT) System,
Widening Its Tax Base and Enhancing its Administration, and For
m. Sanctions penalties These Purposes Amending and Repealing the Relevant Provisions of
the National Internal Revenue Code, as amended, And For Other
n. Transitory Provisions Temporary provisions for transition Purposes.
HELD: To insist that the tax exemption be specified in the title is to
o. Repealing Clause - announces the prior statutes or specific require the title of the bill to be a complete index of its content. Every
provisions which have been abrogated by reason of the bill is required to embrace only one subject expressed in its title to
enactment of the new law. Repeal is not a legislative finding that prevent surprise upon members of the Congress and inform the
people about it. If PAL did not know that its exemption was
the earlier law in unconstitutional.
withdrawn, it is not due to the defect in the title but because just like
other statutes, they pass unnoticed even if published. The title is
p. Saving Clause restriction in a repealing act, which is intended
sufficient if it expresses the general subject of the statute and
to save rights, pending proceedings, penalties, etc. from the
all its provisions are germane to the general subject thus
annihilation which would result from an unrestricted repeal. expressed.
q. Separability Clause provides that in the event that one or more Logrolling Combination of multiple propositions in one
provisions or unconstitutional, the remaining provisions shall proposal. Entire proposition is nullified, not only the subject matter.
still be in force. If part of the law is declared invalid, the rest remains A legislative practice of embracing in one bill several distinct matters,
none of which, perhaps, could singly obtain the assent of the
valid. Does not bind the courts. The whole statute may be
legislature, and then procuring its passage by a combination of the
nullified, if what is left is not complete or workable. minorities in favor of each of the measures into a majority that will
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adopt them all. valid are inseparable, the nullity of one vitiates the other. ( go back
Practice of including in one statute or constitutional amendment more to PREAMBLE)
than one proposition, inducing voters to vote for all, notwithstanding a) A statute whose title does not conform to the one title-subject
they might not have voted for all if amendments or statutes had been or is not related to its subject is null and void
submitted separately. b) If subject matter of statute is not sufficiently expressed in its
Lambino v COMELEC, G.R. No. 174153, October 25, 2006 title, only the unexpressed subject matter is void leaving the
FACTS: In 2006, the group led by Raul Lambino and Enrico rest in force
Aumentado gathered signatures nationwide as peoples initiative to
amend the Constitution by shifting from Bicameral-Presidential to Date of effectivity
Unicameral-Parliamentary form of government. It asked the people When laws take effect.
this proposition: DO YOU APPROVE THE AMENDMENT OF ARTICLES Article 2, Civil Code
VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF Laws take effect after 15 days following completion of publication in
GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A the Official Gazette, unless otherwise provided
UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE Section 18, Chapter 5, Book I, 1987
XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM Administrative Code
ONE SYSTEM TO THE OTHER? Laws take effect after 15 days following completion of publication in
HELD: For sure, the great majority of the 6.3 million Filipinos who the Official Gazette or in a newspaper of general circulation, unless it
signed the signature sheets did not see the full text of the proposition. is otherwise provided.
They could have not known the nature and effect of the proposed
changes: 1. The term limits will be lifted and thus members of the Completion of publication from which the date the period of
Parliament can be re-elected indefinitely. 2. The interim Parliament publication will be counted, refers to the dte of release of the O.G. or
can continue to function indefinitely until its members, who are newspaper for circulation and not to its date, unless the two dates
almost all the present members of Congress, decide to call for new coincide.
parliamentary elections. 3. Within 45 days from the ratification of the
proposed changes, the interim Parliament shall convene to propose
further amendments or revisions to the Constitution. Taada v Tuvera, 146 SCRA 446 (1986)
The subject matter of this proposed transitory provision is Philippine Veterans Bank v Vega, G.R. No.
totally unrelated to the shift from presidential-bicameral to 105364, June 28, 2001
unicameral-parliamentary system. This is logrolling. It places the Effectivity of presidential issuances, rules and
people in a dilemma since they can answer only either yes or no to regulations. The requirement of publication also applies to
the entire proposition, which contains 2 subjects, one of which they Presidential Issuances. Exceptions: those which are merely
may find unacceptable. interpretative or internal in nature not concerning the public.
Presidential issuances, basis.
Effects of insufficiency of title. Bill is void insofar as the Effectivity of Internal Rules and
subject matter not expressed in the title is concerned. But id void and Regulations (IRR)
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Nature of administrative, rules & When local ordinances take effect.
regulations Local ordinance shall take effect after 10 days from the date a copy
a. Whose purpose is to implement or enforce existing law thereof is posted in the bulletin board at the entrance of the provincial
pursuant to a valid delegation or to fill in the details of a capitol or city, municipal, or barangay hall, as the case may be, and
statute; whether they are penal or non-penal; this requires in at least two other conspicuous places in the local government unit.
publication. The Secretary of the sanggunian shall cause the posting of the
b. Those which are merely interpretative in nature or merely ordinance within 5 days after its approval.
internal in character not concerning the public, does not need The gist of all ordinances with penal sanctions shall be
publication. published in a newspaper of general circulation, within the province
where the local legislative body concerned belongs.
In addition, the 1987 Administrative Code provide that- In case of highly-urbanized and independent component cities,
a. Every agency shall file with the U.P. Law Center three copies the main feature of the ordinance or resolution duly enacted or
of every rule adopted by it. Rules in force on the date of adopted shall, in addition to being posted, be published once in a local
effectivity of this Code which are not filed within 3 months newspaper of general circulation within the city.
from that date shall not be the basis of any sanction against Unless a statute is by its provisions for a limited period only,
any party or persons. it continues in force until changed or repealed by the legislature. Law
b. Each rule shall become effective 15 days from the date of filing once established continues until changed by some competent
as above provided unless a different date is fixed by law, or legislative power. It is not changed by change of sovereignty.
specified in the rule in cases of imminent danger to public
health, safety and welfare. Manner of computing time.
Publication and filing requirements are indispensable to the Where a statute requires the doing of an act within a specified
effectivity or rules and regulations, except when the law number of days, such as 10 days, from notice, it means 1o calendar
authorizing its issuance dispenses the filing requirements. days and not working days. Where the word week is used as a
Types of administrative rules & regulations measure of time and without reference to the calendar, it means a
IRR- enforces the law period of seven consecutive days without regard to the day of the
LOI interprets the rule week from which it begins (PNB Vs CA).
Rule-making power of a public administrative agency a. Year: 365 days
delegated legislative power. b. Month: 30 days except if the months are designated
Test of validity of administrative rules and c. Days: 24 hours
regulations (Test of validity of delegation of rule-making d. Night: from sunrise to sunset
power) e. Week: a period of 7 consecutive days without regard to the
The law must be : complete in itself, fix a standard standard, the day of the week from which it begins.
limits are sufficiently determinate or determinable, in case of Civil Code adopts the 365 day year and the 30-day month and
discrepancy between statute and IRR, the statute prevails. not the
calendar year nor the solar month.
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The exclude the- first and include the last day rule governs The delegate cannot be superior to the principal.
the computation of a period. IF the last day falls on a Sunday or legal
holiday, the act can still be done the following day. The principle does Barangay ordinance, authority to pass and review.
not apply to the computation of the period of PRSECRIPTION OF Sanggniang barangay: smallest legislative body; may pass an
CRIME, in which the rule is that if the last days in the period of ordinance affecting a barangay by a majority vote of all its members.
prescription of a felony falls on a Sunday or legal holiday, the Its ordinance is subject to review by sangguniang bayan or
information concerning said felony cannot be filed on the next working panlungsod, to determine if it is in accordance with municipal or city
day, as the offense has been by then already prescribed. ordinance. Sangguniang Bayan or panlungsod shall take action on the
ordinance within 30 days from submission.
Garvida v Sales, G.R. No. 124893, April 18, 1997 Municipal ordinance, authority to pass, veto and review.
FACT: Proclamation of a duly elected SK Chair was suspended by the Sangguniang Bayan: affirmative vote of a majorirty of the members
COMELEC because she is overaged. The law says candidates should of the sangguniang bayan, there being a quorum. Ordinance is then
not be more than 21 years old on the day of election. The SK Chair submitted to the municipal mayor, who within 10 days from the
however argued she is still 21 years, 10 months and 25 days old, not receipt shall return it with his approval or veto. The ordinance is then
22 years old. submitted to sangguniang panlalawigan for review, who within 30
HELD: The LGC speaks of years, not months or days and a year days may invalidate it in whole or in part.
consists of 365 days. In computing years, first year is reached after City ordinance, authority to pass, veto & review.
completing first 365 days. So, 21 is 21 cycles of 365 days. Not more Sangguniang panlungsod: affirmative vote of a majority of the
than 21 years old is not the same as less than 22 years old. members of the sangguniang bayan, there being a quorum. Approved
ordinance shall be submitted to the mayor, who within 10 days shall
Ordinance, defined. return it with approval or his veto. The Sanggunian may repass a
Ordinance an act passed by the local legislative body in the vetoed ordinance. If the city is a component city, the approved
exercise of its law-making authority. ordinance is submitted to the Sangguniang panlalawigan, who shall
act within 30 days.
TEST OF VALID ORDINANCE Provincial ordinance, authority to pass and veto.
Sangguniang panlalawigan: by a vote of a majority of the members
1. Must not contravene the Constitution or any statute; 2. Must not present, there being a quorum, enact ordinance that will affect the
be unfair or oppressive; 3. Must not be partial or discriminatory; 4. province. The ordinance is forwarded to the governor who. Within 15
Must not prohibit but may regulate trade; 5. Must be general and days shall return it with his approval or veto. A vetoed ordinance may
consistent with public policy; and 6. Must not be unreasonable. be repassed by two-thirds vote.
Resolution, defined.
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A The determination or decision, in regard to its opinion or intention, of
STATUTE a deliberative or legislative body, public assembly, town council,
board of directors or the like. Also a motion or formal proposition
Local councils exercise only delegated legislative powers conferred on offered for adoption by such a body. In legislative practice. The term
them by Congress as the national law making body. is usually employed to denote the adoption of a motion, the subject-
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matter of which would not properly constitute a statute; such as a opinion of a single house on a current issue. Oftentimes, it is also
mere expression of opinion; an alteration of the rules ; a vote of used to call for a congressional action on an issue affecting national
thanks or of censure, etc. In practice. The judgment of a court. In the interest.
civil law. The cancellation or annulling, by the act of parties or Concurrent.
judgment of a court, of an existing contract which was valid and A concurrent resolution is usually designated in the Senate as S.
binding, in consequence of some cause or matter arising after the Ct. Res. It is used for matters affecting the operations of both houses
making of the agreement, and not in consequence of any inherent and must be passed in the same form by both of them. However, they
vice or defect, which, invalidating the contract from the beginning, are not referred to the President for his signature, and they do not
would be ground for rescission. have the force of law. Concurrent resolutions are used to fix the time
Law Dictionary: What is RESOLUTION? definition of RESOLUTION of adjournment of a Congress and to express the sense of Congress
(Black's Law Dictionary) on an issue.
Joint.
Resolutions convey principles and sentiments of the Senate or the A joint resolution, like a bill, requires the approval of both houses and
House of Representatives. These resolutions can further be divided the signature of the President. It has the force and effect of a law if
into three different elements: approved. There is no real difference between a bill and a joint
a. joint resolutions require the approval of both chambers of resolution. The latter generally is used when dealing with a single
Congress and the signature of the President, and have the item or issue, such as a continuing or emergency appropriations bill.
force and effect of a law if approved. Joint resolutions are also used for proposing amendments to the
b. concurrent resolutions used for matters affecting the Constitution.
operations of both chambers of Congress and must be
approved in the same form by both houses, but are not Validity of statute.
transmitted to the President for his signature and therefore Every statute passed by legislature is presumed to be valid because
have no force and effect of a law. the legislature is supposed to have considered the question of its
c. simple resolutions deal with matters entirely within the validity before approving it. In cases of doubt, the court resolves in
prerogative of one chamber of Congress, are not referred to favor of its validity. Presumption of constitutionality, in deference to
the President for his signature, and therefore have no force the wisdom, integrity and patriotism of the legislature, all reasonable
and effect of a law. doubts are ruled in favor of constitutionality. To doubt is to sustain.
Kinds of resolutions.
Simple. Presumption of constitutionality.
It is usually designated with P. S. Res. A simple resolution deals with The presumption is always in favor of constitutionality. However, if
matters entirely within the prerogative of one house of Congress, the statute is really
such as adopting or receiving its own rules. A simple resolution is not unconstitutional, the courts are not only authorized but must declare
considered by the other chamber and is not sent to the President for its unconstitutionality. The
his signature. Like a concurrent resolution, it has no effect and force court must see to it that the other departments have not exceeded
of a law. Simple resolutions are used occasionally to express the their constitutional authority. (Essence of Separation of Powers and
16
System of Check and Balance) Report was not sent to the House in plenary. In October 2003, a
second impeachment complaint was filed against CJ Davide.
Authority to declare law unconstitutional.
The final authority to declare a law unconstitutional is the Supreme CONTENTION OF PETITIONERS: The second impeachment
Court en banc by the concurrence of a majority of the Members who complaint was unconstitutional because it violates Section 5, Article
actually took part in the deliberations. IX of the Constitution which prohibits filing of impeachment complaint
against the same official twice within a period of one year.
Trial Courts have jurisdiction to initially decide the issue of
constitutionality of a law in appropriate cases. CONTENTION OF RESPONDENTS: The Supreme Court is without
jurisdiction to hear, much less prohibit or enjoin the lower house to
Article VIII, Section 4 (2), 1987 Constitution Supreme Court en perform its constitutionally mandate duty to initiate impeachment
banc, concurrence of majority of its members who actually took part proceedings, it being a co-equal and independent branch of the
in the deliberations and voted government. The Senate has the sole power, authority and
jurisdiction to try and decide impeachment cases. The petition are
Essential requisites for judicial review. premature, no justiciable issue has been presented before it since its
1. Existence of an appropriate case/actual case (controversy) constitutional duty to constitute itself as impeachment court
2. An interest personal and substantial by the party raising commences only upon receipt of the Articles of Impeachment, which
the constitutionality (Locus standi/legal standing) it had not.
3. The plea that the function be exercised at the earliest ISSUE: Whether the essential requisites for the exercise of judicial
opportunity/ Raised at the earliest opportunity review have been fulfilled?
4. The necessity that the constitutional question to be passed In answering the issue, the Supreme Court addressed the
upon in order to decide the case (lis mota) following requisites for the exercise of judicial review:
LIS MOTA : Courts will deal with constitutionality issue only if it is LOCUS STANDI, RIPENESS, POLITICAL QUESTION/JUSTICIABILITY/
unavoidable, very crux of the controversy JUDICIAL RESTRAINT.
Illustrative case: Francisco Jr., v House of Representatives, LOCUS STANDI, DEFINED. Personal or substantial interest in the
G.R. No. 160261, Nov 10, 2003 case such that the party has sustained or will sustain direct injury.
FACTS: In June 2003, Joseph Estrada filed an impeachment CONTENTION OF SORIANO: Only the Chief Justice has sustained
complaint against CJ Davide and 7 other associate judges for culpable or will sustain injury (?)
violation of the Constitution, betrayal of public trust and other high
crimes. It was endorsed by 3 legislators are referred to the House CONTENTION OF PETITIONERS: They sue in their respective
Committee on Justice which ruled that it was sufficient in form but capacities as taxpayers, citizens, voters, legislator, association. As
dismissed it for not being sufficient in substance. But the Committee such, they stand to suffer injury.
17
WHAT TO SHOW IF YOU PETITION AS A CITIZEN: The law or sovereign capacity, or in regard to which full discretionary authority
government act is invalid, sustains or is in imminent danger to sustain has been delegated to the legislature or executive branch of the
direct injury as a result of its enforcement, interest must be direct government. It is a question of policy, concerned with wisdom and
and personal, if it is an assertion of a public right, the mere fact that not legality.
he or she is a citizen satisfies the requirement. EXCEPT: Grave abuse discretion amounting to lack or excess of
jurisdiction.
WHAT TO SHOW IF YOU PETITION AS A TAXPAYER: Sufficient DETERMINATION OF IMPEACHABLE OFFENSE: Purely political
interest in preventing illegal expenditure of public funds, sustains question left to the sound discretion of the legislature.
direct injury as a result of the enforcement of the invalid law, public LIS MOTA, DEFINED: Courts will touch the issue of constitutionality
funds are either illegally disbursed, deflected to any improper unless it is unavoidable or is the very crux of the controversy.
purpose, wasted through enforcement of an invalid or constitutional Whether Section 15 or 16 of Rule 5 of the House Impeachment Rules
law. are unconstitutional for violating Section 3, Article XI of the
Constitution?
WHAT TO SHOW IF YOU PETITION AS LEGISLATOR: - Whether, as a result, the second impeachment is
Infringement of prerogatives as legislator, Standing to maintain barred under
inviolate prerogatives, powers and privileges vested by the Section 3 (5), Article XI of the Constitution?
Constitution in his office. - Under Section 16, impeachment proceedings are
CONTENTION OF SALONGA: There is no urgent need for the deemed
Constitution to act right away. Anyway, it is the final arbiter of initiated on the day the House Committee on Justice finds that the
questions on constitutionality. All remedies in the House and Senate verified complaint is sufficient in substance.
should first be exhausted. CONTENTION OF RESPONDENTS: Since the first impeachment
POSITION OF DEAN PANGALANGAN: The Supreme Court should complaint was dismissed for being insufficient in substance, it was not
take judicial of on-going attempts to encourage signatories to deemed initiated hence the second impeachment complaint is
withdraw their endorsement. House Impeachment Rules afford its allowed. Initiate does not mean to file.
members opportunity to raise constitutionality issues when the HELD: Initiate means filing of the impeachment complaint and
Articles of Impeachment are presented to the Senate. Even if the referral to the House Committee on Justice or filing by at least 1/3 of
Articles of Impeachment are transmitted to the Senate, the Chief the House of Representatives with the Secretary General of the
Justice may still move to dismiss on ground of constitutional infirmity. House. Once initiated, no other impeachment complaint shall be filed
HELD: The withdrawal of signatures neither cures the House against the same official for a period of one year.
Impeachment Rules of its Constitutional defect nor obliterates the JUDICIAL RESTRAINT:
questioned second impeachment complaint. It is useless to seek CONTENTION OF PIMENTEL: The SC should exercise judicial restraint
remedies from either the lower or upper house because it has no because the Senate, as an impeachment court, has the sole power to
jurisdiction to the rule on the issue of constitutionality. hear and decide all impeachment cases.
POLITICAL QUESTION, DEFINED: Refers to those questions
which, under the Constitution, are to be decided by the people in their
18
CONTENTION OF DE VENECIA: There is a moral compulsion for the person to challenge a statute on the ground that it violates the [free speech]
Supreme Court to not assume jurisdiction because its members are rights of third parties not before the court, even though the law is constitutional
subject to the impeachment. as applied to that defendant. In other words, the overbreadth doctrine provides
HELD: The power of judicial review includes the power to review that: Given a case or controversy, a litigant whose own activities are
justiciable issues in impeachment proceedings.SC together with all unprotected may nevertheless challenge a statute by showing that it
other courts has long held and been entrusted with the judicial power substantially abridges the [free speech] rights of other parties not before the
court. [Chemerinsky, Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with
to resolve conflicting legal rights regardless of the personalities
Doctrine of void for vagueness.
involved in the suits or actions.
Operative Fact Doctrine: As a general rule, the nullification FACTS: The Supreme Court declared unconstitutional 3 provisions of
of an unconstitutional law or act carries with it the illegality of its RA 8180 or An Act Deregulating the Downstream Oil Industrythe
effects. However, in cases where the nullification of its effects ill result provisions on 4% tariff differential, minimum inventory and predatory
in inequity and injustice, the operative fact doctrine may apply, and pricing which were declared anti-competition. These provisions are
the effects of the unconstitutional act will have to be recognized. the key provisions of RA 8180.
Existence of statute prior to nullity, is an operative fact that must be ISSUE: Whether the nullity (striking down) of the 3 provisions of the
recognized, statute was in force and complied with and so parties law infect the entire law even with the presence of the Separability
have already acted under it. Clause?
HELD: YES. Because to decree partial unconstitutionality of RA 8180
(2)Modern view. will bring about absurdity. Separability Clause is not binding with the
The court in passing upon the question of constitutionality does not Supreme Court. Separability clause only creates a presumption of
annul or repeal the statute if it is unconstitutional, it simply refuses that the act is severable. It is merely an aid in statutory construction.
to recognize it and determines the rights of the parties just as if the IT is not an inexorable command. A separability clause does not
statute had no existence. It does not repeal, supersede, revoke or clothe the valid parts with immunity from the invalidating effect the
annul the statute. The parties to the suit are concluded by the law gives to the inseparable blending of the bad with the good. The
judgment, but no one else is bound. Separability clause cannot also be applied if it will produce an absurd
result. In sum, if the separation of the statute will defeat the intent
Partial invalidity. of the legislature, separation will not take place despite the inclusion
of a separability clause in the
The general rule is that where part of a statute is void as repugnant
to the Constitution, while another part is valid, the valid portion if
separable from the invalid, may stand and be enforced must be
complete and intelligible to enforce legislative intent.
20
MIDTERMS
21
- Once known, no other choice but to apply it When the reason of the law ceases, the law itself ceases.
- If transparent, construction is dispensed with Doctrine of necessary implications. What is implied in a statute
The object of all interpretation and construction of statutes is to is as much a part thereof as that which is expressed.
ascertain the meaning and intention of the legislature, to the end that
the same may be enforced. CASUS OMISSUS
A cardinal rule in statutory construction is that legislative intent must STARE DECISIS
be ascertained from a consideration of the statute as a whole and not
merely of a particular provision. A word or phrase might easily convey It is the doctrine that, when court has once laid down a principle, and
a meaning which is different from the one actually intended. apply it to all future cases, where facts are substantially the same,
regardless of whether the parties and properties are the same. Stare
A statute should be construed as a whole because it is not to be Decisis. Follow past precedents and do not disturb what has been
presumed that the legislature has used any useless words, and settled. Matters already decided on the merits cannot be relitigated
because it is dangerous practice to base the construction upon only a again and again. Stare decisis et non quieta movere (follow past
part of it, since one portion may be qualified by other portions. precedents and do not disturb what has been settled.
SPIRIT AND PURPOSE OF THE LAW Liberal or strict construction, factors to consider and when
applied.
When the interpretation of a statute according to the exact and literal
- Former law on the matter
import of its words would lead to absurd or mischievous
- Persons or matters with which it deals
consequences, or would thwart or contravene the manifest purpose of
- Letter or language of the law
the legislature in its enactment, it should be construed according to
its spirit and reason, disregarding or modifying, so far as may be Generally: Whether a statute is to be given a strict or liberal
necessary, the strict letter of the law. construction will be depend upon the nature of the statute, the
purpose to be subserved and the mischief to be remedied, and a strict
22
or liberal interpretation will be given a statute that will best if the result of adopting said meaning would be to defeat purpose of
accomplish the end desired and effectuate legislative intent. the law. Liberal interpretation so as to save the statute from
obliteration, ut res magis valeat quam pereat. Construction by this
Strict construction, generally Strict construction is that construction nature and the act of the court in engrafting upon a law something
according to the letter of a statute, which recognizes nothing that is which its believes ought to have been embraced therein. The former
not expressed, takes the language used in its exact meaning, and is liberal construction and is a legitimate exercise of judicial power.
admits no equitable consideration. It does not mean giving a statute The latter is judicial legislation forbidden by the tripartite division of
its narrowest meaning of which it is susceptible. Nor does it mean powers among the three departments of government, the executive,
that words shall be so restricted as not to have their full meaning. the legislative and the judicial. A statute may not be liberally
Scope of statute shall not be extended or enlarged by implication, construed to read into it something which its clear and plain language
intendment, or equitable consideration beyond the literal meaning of rejects.
its terms.
Statutes in derogation of common rights, how construed.
Liberal construction, defined. Liberal constructions means such Statutes in derogation of rights. People in republican state enjoy
equitable construction certain rights, which are either inherent or guaranteed by the
constitution or protected by law; rights are not absolute, and the
as will enlarge of a statute to accomplish its intended purpose, carry state, in the exercise of its police power, may enact legislations
out its intent, or promote justice. It does not mean enlargement of a curtailing or restricting their enjoyment. As these statutes are in
provision which is clear, unambiguous and free from doubt, for a derogation of common or general rights, they are generally strictly
statute which is plain and clear is not subject to construction. Liberal construed and rigidly confined to cases clearly within their scope or
construction is that construction which expands the meaning of a purpose.; two reasonably possible constructions, one which would
statute to meet cases which are clearly within the spirit or reason diminish or restrict fundamental right of the people and the other of
thereof or within the evil which the statute was designed to remedy, which would not do so, the latter construction must be adopted so as
or which give the statute its generally accepted meaning to the end to allow full enjoyment of such fundamental right.
that the most comprehensive application thereof maybe accorded,
without being inconsistent with its language or doing violence to any In case of doubt, strictly construed against the law in favor of common
rights.
of its terms. Liberal construction means that the words should receive
a fair and reasonable interpretation, so as to attain the intent, spirit
and purpose of the law. Common rights, examples.
Personal liberty, property, freedom of contract, exercise of
Liberal construction applied, generally. The literal meaning of the any trade or profession
words used may be rejected
Statutes prescribing formalities of wills, how construed.
Statutes prescribing formalities of will. Statutes prescribing the
23
formalities to be observed in the execution of wills are strictly Statutes granting tax exemptions, how construed.
construed, ; a will must be executed in accordance with the statutory Statutes granting tax exemptions. Taxes are what the people pay
requirements, otherwise it is entirely void. ; apply the intent of the for civilized society; lifeblood of the nation. The law frowns against
legislators and not that of the testator, and the latters intention is exemptions from taxation. Laws granting tax exemptions are thus
frequently defeated by the non-observance of what the statute construed strictissmi juris against the taxpayer and liberally in favor
requires. of the taxing authority. Taxation is the rule and exemption is
theexception. The burden of proof rests upon the party claiming
In case of doubt, strictly construed against the validity of the will since exemption to prove that it is in fact covered by the exemption so
the testator is already dead. Dead men tell no tale. Failure to comply claimed. Statutes granting tax exemptions are construed strictissimi
with required written formalities. Fatal. The will cannot be admitted juris against the taxpayer and liberally in favor of the taxing authority.
to probate. Basis to minimize the different treatment and foster impartiality,
Naturalization laws, how construed. fairness and equality of treatment among taxpayers. For exemptions
from taxation are not favored in law, nor are they presumed. They
Laws on naturalization are strictly construed against an applicant for
must be expressed in the clearest and most unambiguous language
citizenship and rigidly followed and enforced. ; right of an alien to
and not left to mere implications. exemptions are never presumed,
become a citizen by naturalization is a statutory rather that a natural
the burden is on the claimant to establish clearly his right to
one, and it does not become vested until he files a petition and
exemption and an alleged grant of exemption will be strictly
establishes by competent and satisfactory evidence that he has all
construed and cannot be made out by inference or implications but
the qualifications and none of the disqualifications specified by law.
must be beyond reasonable doubt. In other words, since taxation is
In case of doubt, strictly construed in favor of the government against the rule and exemption the intention to make an exemption ought to
the applicant. Requirements for naturalization must be complied to be expressed in clear and unambiguous terms.
the letter to ensure that undesirable aliens are not naturalized.
In case of doubt, strictly against the taxpayer. Taxation is the
Stature conferring the right of eminent domain, how lifeblood of the government.
construed.
Prospective and retrospective interpretation, distinguished.
In case of doubt, against the government. It derogates private rights Prospective- applies to such facts and causes after its enactment.
to property and ownership. Retrospective applies to such facts and causes before its
enactment.
Statutes granting rights to laborers, how construed. General rule: statutes are construed prospectively unless clearly
stated otherwise in the statute.
In case of doubt, liberally construed in favor of labor, Labor law is
social legislation. In case of doubt, resolved against retrospective effect, in favor of
prospective construction.
24
Prospective statute is a statute which operates upon acts and PROCEDURAL LAWS ARE RETROSPECTIVE
transactions which have not occurred when the statute takes effect,
that is, which regulates the future. Statutes regulating the procedure of the Court will be construed as
applicable to actions pending and undermined at the time of their
Retrospective or retroactive law is one which takes away or passage. However, Rules of Procedure should not be given retroactive
impairs vested rights acquired under existing laws, or creates new effect if it would result in great injustice and impair substantive right.
obligations and imposes new duties, or attaches new disabilities in
respect of transaction already past. Procedural provisions of the Local Government Code are
retrospective.
A sound canon of statutory construction is that statutes operate
prospectively only and never retrospectively, unless the legislative CURATIVE STATUTES
Retroactive legislation is looked upon with disfavor, as a general rule reason of some statutory disability or failure to comply with some
and properly so because of its tendency to be unjust and oppressive.
technical requirement. They are therefore retroactive in their
character.
PENAL STATUTES
Penal statutes as a rule are applied prospectively. Felonies and Effect of retrospective application of law.
misdemeanors are punished under the laws in force at the time of
- Takes away or impairs vested rights acquired under
their commission. (Art. 366, RPC). existing law.
- Creates new obligations.
However, as an exception, it can be given retroactive effect if it is - Imposes new duties.
favorable to the accused who is not a habitual criminal. (Art. 22, RPC). - Attaches disability in respect of transactions or
consideration already past
25
- Does the retroactive application of the law take from
Ex post facto law. the accused any right that was regarded at that time
Rule: No ex post facto laws shall be enacted Makes an act done as vital for the protection of life and liberty?
before the passage of the law and which is innocent when done, and
punishes such act. Applies only to criminal or penal matters and not
to civil laws
Ejusdem generis. This principle is based on the proposition that had the legislature
Where general term follows particular things, the general term is intended the general words to be used in their generic and
construed to include those things or persons of the same class as unrestricted sense, it would not have enumerated the specific words.
those specifically enumerated. Example: Trustees, agents, attorneys-
at-law and other persons.
other persons only such persons in similar position o trust like Application: where specific and generic terms of the same nature are
guardians employed in the same act, the latter following the former.
While general words or expressions in a statute are, as a rule,
accorded their full, natural, and generic sense, they will not be given
Reddendo singular singulis.
such meaning if they are used in association with specific words or
The variation of the doctrine of last antecedent is the rule of reddendo
phrases. General rule is that where a general word or phrase follows
singular singulis. The maxim means referring each to each; referring
an enumeration of particular and specific words of the same class or
each phrase or expression to its appropriate object, or let each be put
where the latter follow the former, the general word or phrase is to
in its proper place, that is, the words should be taken distributively.
be construed to include, or to be restricted to, persons, things, or
cases akin to, resembling, or of the same kind or class as those
Reddendo singular singulis requires that the antecedents and
consequences should be read distributively to the effect that each
specifically mentioned.
word is to be applied to the subject to which it appears by context
Where a statute describes things of particular class or most appropriately related and to which it is most applicable.
28
Doctrine of collocation. Exceptio firmat regulam in casibus non exceptis
Lacuna V Abes, 133 Phil. 770, 773-774 (1968)
Association between two words that are typically or frequently c. Expression of one or more things of a class implies the
used together where the sentence has several antecedents
exclusion of all not expressed, even though all would
and consequents, they are to be read distributively
have been implies had none been expressed.
Antecedent a word or phrase that a subsequent or
consequent word refers to.
The rule expressio unius est exclusio alterius and its variations are
Consequent a word or phrase that an antecedent word
canons of restrictive interpretation. Basis: legislature would not
precedes.
Example: Statutory Construction is an easy subject, but the have made specified enumerations in a statute had the intention
Professor somehow makes it difficult. been not to restrict its meaning and confine its terms to those
Distributive refers to each member of the group individually expressly mentioned. They are opposite the doctrine of necessary
and separately implication.
Examples of distributive words: each, every and either.
Statutory Construction is an easy subject, but the Professor XIX. Negative-opposite doctrine
somehow makes it difficult. Each student enrolled in the class may
either pass or fail, without fear or favor. The principle that what is expressed puts an end to that which is
implied is also known as negative-positive doctrine or argumentum
Expression unius ext exclusion alterius. a contrario.
Mention of one thing implies the exclusion of another. XX. Application of expressio unius rule The rule of expressio
Example: Female lawyers _________are required to wear uniform unius est exclusio alterius and its corollary
on __________.
Express mention of one person, thing or consequence implies canons are generally used in the construction of statutes granting
the exclusion of all others. powers, creating rights and remedies, restricting common rights,
and imposing penalties and forfeitures, as well as those statutes
It is formulated in a number of ways: which are strictly construed.
a. One variation of the rules is the principle that what is Where a statute directs the performance of certain acts by a
expressed puts an end to that which is implied particular person or class or persons, it implies that it shall not be
Expressum facit cessare tacitum done otherwise or be a different person or class of persons.
b. General expression followed by exceptions therefrom If a statute enumerates the things upon which it is to operate,
implies that those which do not fall under the exceptions everything else must necessarily, and by implication, be excluded.
come within the scope of the general expression.
29
XXI. Limitations of rule Meaning of particular terms in a statute may be ascertained by
reference to words. Associated with or related to them in statute.
The rule expressio unius est exclusio alterius is not a rule of law. It
is a mere tool of statutory construction or a means of ascertaining Casus omissus.
the legislative intent. Words or phrases may be supplied by the courts and inserted in a
statute. Where it is necessary to eliminate repugnancy and
The rule, not being inflexible nor a mechanical or technical tool, inconsistency to complete the sense and give effect to the intent.
must yield to what is clearly a legislative intent. Used to supply omissions caused by clerical errors, by accident or
inadvertence.
It is no more than an auxiliary rule of interpretation to be ignored The rule of casus omissus pro omisso habendus est states that a
where other circumstances indicate that the enumeration was not person, object or thing omitted from an enumeration must be held
intended to be exclusive. to have been omitted intentionally.
It should applied only as a means of discovering legislative intent Principle proceeds from a reasonable certainty that a particular
and should not be permitted to defeat the plainly indicated purpose person, object or thing has been omitted from a legislative
of the legislature.
enumeration
30
Congress earmarked 86 billion for debt servicing and 27 billion for
Use of the word may in the statute generally connotes a
education. This was challenged s unconstitutional because Section 5,
permissible thing, and operates to confer discretion while the word Article XIV of the 1987 Constitution says:
shall is imperative, operating to impose a duty which may be The State shall assign the highest budgetary priority to education
xx
enforced.
HELD:
While it is true that it mandates Congress to assign the highest
The term shall may be either as mandatory or directory depending budgetary priority to education, it does not follow that the hands of
upon a consideration of the entire provision in which it is found, its Congress are so hamstrung as to deprive it the power to respond to
the imperatives of national interest and for the attainment of other
object and consequences that would follow from construing it one way
state policies or objectives.
or the other. The use of the word shall is not always mandatory, it may be
construed as merely directory depending on legislative intent or when
- Depending upon a consideration of the entire provision, its nature, the provision involved is not self-executing.
its object, and the consequences that would follow from construing it
one way or the other, the convertibility of said terms either as Special or technical meaning.
mandatory or directory is a standard recourse in statutory Words and phrases having technical or special meaning are construed
construction. in their technical sense.
This applies to terms with established trade, business, commercial or
- It is well-settled that the word may should be read as shall
professional significance.
where such construction is necessary to give effect to the apparent
Exception.
intention of the legislature.
When intended otherwise by Congress or it defeats legislative intent.
- The word may will, as a rule, be construed as shall where a
Illustrative case: Asiatic Petroleum Co., v Collector, 30
statute provides for the doing of some act which is required by justice
Phil. 510
or public duty, or where it vests a public body or officer with power
FACTS:
and authority to take such action which concerns the public interest
A tax law provides that no tax shall be collected on such article which
or rights of individuals.
before the taking effect of this Act, shall have been disposed of to
- The word shall may be construed as may when so required by persons other than manufacturers or wholesale dealer.
the context or intention of the legislature. It shall be construed merely HELD:
as permissive when no public benefit or private right requires that it No. The oil was not disposed of. Had the legislature intended
be given an imperative meaning. disposed of to mean sold and delivered, it would have used the
latter phrase. The legislative evidently took into consideration the
Guingona V Carague, GR No. 94571, April 22, 1991 custom of merchants in using the phrase of in its commercial and
FACTS: not technical sense.
31
The system of rules by which words are formed and put together to
Conjunctive and and disjunctive or. make sentences.
Grammar, what rules apply.
And means conjunction connecting words or phrases expressing the
Ordinary rules of grammar to determine legislative intent.
idea that the latter is to be added or taken along with the first. Grammar, limitation.
Conjunctive article. Not conclusive if it defeats legislative intent.
When used, the various members of the sentence are to be taken Tense
Statutes expressed in the future may nevertheless be regarded as
jointly.
having present effect.
32
A man wrote a book entitled How to Change your Life. He was
one must go back to the parts of the statute: the title, the preamble, context or body,
uncertain if it sells, since it appears predictable, as many other books
of similar theme were already published prior to it. To his surprise, chapter and section headings, punctuation, and interpretation.
10 million copies were sold on the first week they were out in the
market. It turned out the title was inadvertently made How to
Change your Wife. GENERALLY : Where the meaning of a statute is ambiguous, the court may avail itself
of all legitimate aids to construction in order that it can ascertain the true intent of
Foreign language. the statue.
Revised Penal Code was approved in its Spanish text but translated
to English. In case of doubt, the Spanish prevails.
Intrinsic aids, enumerated.
Context
FACTS:
Punctuation and capitalization
Congress earmarked 86B for debt servicing and 27B for education.
Language or lingual text
This was challenged as unconstitutional because Section 5, Article XIV
Title
of the Constitution says Congress is mandated to assign the highest
budgetary priority to education in order to insure that teachings Chapter, article and section headings
will attract and retain its rightful share of the best available talents Marginal notes
through adequate remuneration and other means of job satisfaction Preamble
and fulfillment, it does not thereby follow that Legislative definitions and interpretative clauses
Self-executing provisions: does not need an enabling law
PRE-FINALS:
In the printed page of the statute itself, you always see them within the face of the They must be taken as a whole and in relation to one another.
statute Reason for the rule: The statute is enacted as a whole and not in parts or sections.
The term intrinsic means internal or within. Intrinsic aids, therefore, are those aids Purpose of the rule: To give proper emphasis to each provision and avoid giving undue
emphasis or effect to particular words, clauses, parts or group of words.
within the statute.
If context admits of two interpretations: The one which tends to give effect to the
Intrinsic aids are resorted to only if there is ambiguity. In resorting to intrinsic aids, manifest object of the law should be adopted.
33
Semicolon separate words, more pronounced, more emphatic than coma
Reason why construe the law in its entirety? Because the law was enacted also in its
entirety and it is not a piece by piece legislation Period separates a sentence
Legislative intent should accordingly be ascertained from a consideration of the
Article VII, Section 16, 1987 Constitution
whole context of the stature and not from an isolated part of particular provision
Section 16. The President shall nominate and, with the consent of the Commission on
(Aboitiz Shipping Corp. v. City of Cebu).
Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces from the rank of colonel
The best source from which to ascertain the legislative intent is the statute itself
or naval captain, and other officers whose appointments are vested in him in this
the words, phrases, sentences, sections, clauses, provisions taken as a whole and in
Constitution. He shall also appoint all other officers whose appointments are not
relation to one another. (Commissioner of Internal Revenue v. TMX Sales)
otherwise provided by law, and those whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment of other officers lower in rank in the
Punctuation - aids of low degree and can never control the intelligible
President alone, in the courts, or in the heads of departments, agencies, commissions,
meaning of written words; may be used to clear ambiguities.
or boards.
The President shall have the power to make appointments during the recess
Punctuation marks are aids of low degree and can never control against the
of the Congress, whether voluntary or compulsory, but such appointments shall be
intelligible meaning of written word. The reason is that punctuation marks are not
effective only until disapproval by the Commission on Appointments or until the next
part of a stature; nor are they part of the English language (Feliciano v. Aquino).
adjournment of the Congress.
34
(c) If statute is officially promulgated in Spanish, English or in Filipino with
translations into other languages, the language in which it is written POE V COMELEC, G.R. No. 221697, March 8, 2016
(promulgated) prevails over its translation. Language of promulgation
prevails over language in translation. Chapter, article and section headings
(d) In the interpretation of a law administrative issuance promulgated in all
the official languages (Filipino), the English text shall control, unless Head Notes or epigraphs convenient index to the content of its
otherwise specifically provided. In case of ambiguity, omission or other provisions.
mistake, the other texts may be consulted. For consultation only, merely (a) In case of doubt or ambiguity in the meaning of the
persuasive, not binding, only in case of doubt. law or the intention of the legislature, they may be consulted in aid or interpretation.
Local ordinances should be translated in the vernacular (especially if it is penal in (b) They are not part of the law thus, they can never control the plain terms of the
character) because there is a requirement there so as not to violate due process so enacting clauses.
that that it can be readily understood by the constituents and they cannot use it as a
defense that they did not understand what was being posted with regard to the law if (c) When the text of the statute is clear and unambiguous, there is neither necessity
it is written or promulgated in English.
nor propriety to resort to headings and epigraphs for the interpretations of the text.
If promulgated both in English and Spanish language. English prevails. (d)These secondary aids may be consulted to remove, but not to create, doubt nor to
limit or control the plain language of the law.
Title.
May resolve doubts as to its proper construction by extending or restraining its Marginal notes
purview or by correcting an obvious error. In case of doubt, resort may be had to the Marginal notes and heading summarize the effect of sections of an Act where
title to determine legislative intent because it normally indicates it. the wording of either marginal notes or headings seem to have a contradictory
meaning to the wording of the main body of an Act, the wording of the main body of
Limitation: Not controlling, if the body of the statute is free from ambiguity, no resort an Act should be followed. Marginal notes and headings are inserted when Act goes
for printing during its progress through Parliament; so are a little unreliable as an
to the title. Need not be an index of contents of the law but it carries weight because
indication of Parliaments will.
of the one title one subject matter rule.
Notes written in a margin, usually handwritten and initialed.
1. It serves as aid in case of doubt in its language, to its construction and
Marginal notes, limitation: Resorted to only when such notes were in fact inserted
ascertaining legislative will.
under the authority of the legislature (needs approval from Congress).
2. Used by the court to clear the obscurity.
3. An aid when there is doubt as to the meaning of the law. Preamble.
Introductory explanation. Not an essential part of the statute. May explain
ambiguities but not conclusive or controlling.
WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT IS
IMPROPER TO RESORT TO ITS TITLE TO MAKE IT OBSCURE.
35
Preamble, purpose: The key to the statute. To open the minds of the makers as to the opinions and rulings of officials of the government called upon to execute or
mischiefs to be remedied and objectives to be accomplished by the provision of the implement administrative laws; contemporaneous construction by executive officers;
statute. actual proceedings of the legislative body; individual statements by members of
congress; and the author of the law.
1. That part of the statute written immediately after its title, which states the Other sources of extrinsic aids can be the reports and recommendations of legislative
purpose, reason or justification for the enactment of the law. committees; public policy; judicial construction; and construction by the bar.
2. Expressed in the Whereas clause
3. Usually omitted in statutes made by the congress. In its place, these an aid
in legislative bodies used the explanatory note to explain the reasons for the Extrinsic aids, where found.
enactment of statutes. Extraneous facts and circumstances outside the printed page of the statute
4. Not an essential part of a statute.
(a) Thus, where the meaning of a statute is clear and unambiguous, the Extrinsic aids, enumerated.
preamble can neither expand nor restrict its operation, much less prevail History or realities existing at the time of the passage of the law
over its text. Legislative proceedings
(b) It cannot be used as basis for giving a statute a meaning not apparent on Changes in phraseology
its face.
Prior laws and judicial decisions
5. It may clarify ambiguities (thus it is the key of the statute)
Contemporaneous and construction
6. It may express the legislative to make the law apply retroactively, in which
Consequences of alternative interpretations
case the law has to be given retroactive effect, so as to carry out such intent
(PNB v Office of the President) Objects
Purpose
Legislative definitions and interpretative clauses. Expediency
Such definition or construction should be followed by the Courts. Statutory definition Occasion and necessity
supersedes the commonly accepted or a previous judicial definition. Remedy provided
Conditions of the country to be affected
VII. EXTRINSIC AIDS IN CONSTRUCTION And other extrinsic matters
Resort to extrinsic aids, when.
Extrinsic aids, defined. Extrinsic aids are resorted to after exhausting all the available
These are existing aids from outside sources, meaning outside of the four corners of intrinsic aids and still there remain some ambiguity in the statute.
the statute. If there is any doubt as to the meaning of the statute, the interpreter
must first find that out within the statute. If all the intrinsic aids have been availed/exhausted and the ambiguity
remains
Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids
and still there remain some ambiguity in the statute. Extrinsic aids resorted to by the courts are:
Extrinsic aids resorted to by the courts are history of the enactment of the statute;
a. History of the enactment of the statute;
36
b. Opinions and rulings of officials of the government called upon Contemporaneous construction is the construction placed upon the statute by an
to execute or implement administrative laws; executive administrative officer called upon to execute or administer such statute.
c. Contemporaneous construction by executive officers charged
with implementing and enforcing the provisions of the statutes
unless such interpretation is clearly erroneous; Legislative history.
d. Actual proceedings of the legislative body; It is a well-settled rule of statutory construction that where a statute
e. Individual statements by members of congress; and is susceptible of several interpretations where there is ambiguity in
f. The author of the law Other sources of extrinsic aids are: its language, there is no better means of ascertaining the will and
intention of the legislature than that which is afforded by the history
of the statute. Generally speaking, the history of a statute refers to
Contemporaneous circumstances. all its antecedents from its inception until its enactment into law. Its
Courts may resort to contemporaneous construction or that put upon it at the time history proper covers the period and the steps done from the time
of its passage or soon afterwards and universally acquiesced in and acted upon. the bill is introduced until it is finally passed by the legislature.
Facts and circumstances existing at the time of, and leading to the enactment of the WHERE A STATUTE IS SUSCEPTIBLE OF SEVERAL
statute such as: INTERPRETATIONS OR WHERE THERE IS AMBIGUITY IN ITS
History of the times LANGUAGE, THERE IS NO BETTER MEANS IF ASCERTAINING THE
WILL AND INTENTION OF THE LEGISLATURE THAN THAT WHICH IS
Contemporaneous customs
AFFORDED BY THE HISTORY OF THE STATUTE.
The state of the existing law
Evils to be remedied
Legislative History, scope.
Remedy provided
Example: Riding in tandem ordinance wherein if you are looking from the Covers introduction of the bill in the legislature up to its final passage
outside you can never understand the sense of banning two people riding in
a motorcycle, unless you know the contemporaneous circumstance that led Legislative history, what it includes.
to the enactment of that particular enactment
Presidents message
Explanatory note accompanying the bill
Contemporary Construction Committee reports of the legislative investigations and public hearings of the
Definition: these are construction placed upon statutes at the time of, or after, their subject of the bill
enactment by the executive, legislature or judicial authorities, as well as those who, Sponsorship speech
because of their involvement in the process of legislation, are knowledgeable of the Debates and deliberations
intent and purpose of the law. Amendments and changes in phraseology
37
(a) Includes the presidents message if bill was enacted in response The main question there was, If you are a main contributor to the campaign
thereto funds for a particular candidate, is your contribution part of the computation to
determine if the particular candidate overspent his expenses in the elections? And of
(b) Explanatory note accompanying the bill course, the SC (there was no ambiguity, it was only contested by Ejercito) said that
consistent in the 3 laws, in computing for campaign expenses donations from 3rd party
(c) Committee reports of legislative investigations donors are included to check if that candidate has overspent or underspent.
38
(c) This is a mere expression of authors views and reasons for the proposed doubt as to what provision of a statute means, that meaning which was put to the
legislation and may not accordingly override the clear intent as expressed in provision during the legislative deliberation or discussion on the bill may be adopted.
the statute.
Legislative debate- may be resorted to when there is doubt as to what a provision of
Explanatory note, contents. a statute means. However, the views expressed by the legislators during
Reason or purpose of the bill deliberations of a bill as to the bills purpose are not controlling in the interpretation
Arguments advanced by the author of the law.
Reports & Recommendation of legislative committees. The opinion and views expressed by the legislators during floor deliberations of a bill
Lucrative source of information helpful in construction provided: they are recorded may not be given weight at all in any of the following instances:
in the journal (a) Where the circumstances indicating meaning of a statute other than
Limitation: Committee Reports are not controlling, may not be considered to clear an that expressed by the legislators
ambiguity. (b) Where the views expressed were conflicting
(c) Where the intent deducible from such views is not clear
Reports of commissions (d) Where the statute involved is free from ambiguity
(1) Commissions are usually formed to compile or collate all laws on a
particular subject and to prepare the draft of the proposed code. WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT MATTER WERE
(2) Special commissions were created to draft the text of the RPC and Civil ENACTED BY DIFFERENT ASSEMBLIES, NEITHER IS QUALIFIED TO SPEAK ABOUT THE
Code. INTENT OF THE OTHER.
Legislative debates, views and deliberations. Illustrative case: POE VS COMELEC, G.R. No. 221697, March 8, 2016
Useful in interpretation provided they show common agreement among the
members of the legislature as to the meaning of an ambiguous provision Public Policy
Policy which induced its enactment or which was designed to be promoted is a
Look into the end result, find out what the intent proper subject for consideration.
Adopted statues The general rule is that where local statues are
Legislative debates, limitation. pattered after or copied from those of another country, the decision
Not safe guides to ascertain the meaning and purpose of the law. They express only of the courts in such country construing those laws are entitled to
the views and opinions of the individual members of the legislature and do not great weight in the interpretation of such local statues and will be
necessarily reflect the view of Congress as a whole. generally followed if found reasonable and in harmony with justice,
Courts may avail themselves of the actual proceedings of the legislative body to public policy and other local statues on the subject. Example of
assist in determining the construction of a statute of doubtful meaning. They may such statues:
resort to the legislative deliberation in the legislature on a bill which eventually was
RULE: An Amendment of a statute indicates a change in meaning
enacted into law to ascertain the meaning of its provisions. Thus, where there is
from that which the statute originally had.
39
(a) corporation law ruling of a president, the opinions of Sec. of Justice is controlling among
(b) tax code administrative and executive officials.
(c) labor laws 3. Interpretation handed down in and adversely proceeding in the form of a
(d) naturalization law ruling by an executive office exercising quasi-judicial power.
(e) Rules of court
Note: In the absence of error or abuse of power or lack of jurisdiction or grave abuse
Limitations of the rule: where the local law and id the foreign of discretion clearly conflicting with either the letter or the spirit of a legislative
statute from which the former was patterned differ in some material enactment creating or changing a governmental agency, the action of the agency
aspects foreign construction is clearly erroneous or has not become would not be disturbed by the courts.
settled where the adopting state has given the statute its own
interpretation Reason why contemporaneous construction is given much weight: it comes from the
particular branch of government called upon to implement the law thus construed
Construction by executive officers. these same people are the drafters of the law they interpret.
(Executive Construction) is the construction by an executive or administrative officer
directly called to implement the law. The opinions and rulings of officials of the When to disregard Contemporaneous construction. CC is not binding upon the court.
government called upon to execute or implement administrative laws command The court may disregard it:
much respect and weight. An interpretation embodied in a circular, directive or 1. Where there is no ambiguity in the law
regulation is an expressed interpretation. 2. Where the construction is clearly erroneous
3. Where strong reason to the contrary exists
Construction by executive officers, forms. 4. Where the court has previously given the statue a different interpretation
Executive and administrative officers are generally the very first official to interpret
the law. These interpretations are in the form of: If there is a error in implementation of the law, such error may be corrected. The
1. Rules and regulations doctrine of estoppel does not apply.
2. Circulars
3. Directives As a rule, erroneous contemporaneous construction creates no vested right on the
4. Opinions and rulings part of those who relied and followed such construction. But this rule is not absolute.
There may be exceptions in the interest of justice and fair play (ex. Tax cases).
Executive construction, kinds.
1. Construction by an executive or administrative officer directly called to Construction of executive officers, value.
implement law which may be: Considered and given weight if uniform, consistent, observed and acted on for long
(a) Expressed (ex. Interpretation embodied in circulars, directive or period of time.
regulation)
(b) Implied (a practice of enforcement of not applying the statute to certain Opinions and rulings of officials tasked to enforce administrative laws command
situtations) much respect and weight. The duty to enforce the law, which devolves upon the
2. Construction by the Secretary of Justice in his capacity as the chief legal executive branch of the government necessarily calls for the interpretation of its
adviser of the government in the form of opinions. In the absence of the
40
ambiguous provisions. Thus, executive and administrative officers are generally the A. The power and duty to interpret or construe a statue or the Constitution
first officials to interpret the law, preparatory to its enforcement and such belongs to the judiciary.
interpretation comes in the form of rules and regulations, circulars, directives, B. Supreme Court construes the applicable law in controversies which are ripe
opinions and rulings. for judicial resolution.
C. Moot and Academic cases- cases wherein:
Executive construction, kinds. 1. Purpose has become stale
Construction by an executive or administrative officer directly called to 2. Where no practical relief can be granted
implement the law 3. Which have no practical effect
May be expressed or implied D. The court may nonetheless resolve a moot case where public interest
Example of expressed or implied
requires its resolution.
Example of expressed construction circular, directive or regulation
E. Laws are not interpreted in a vacuum, they are always decided based on
Example of implied construction non-enforcement in certain situations, or
applying it in a particular manner facts. Thus, LAWS ARE INTERPRETED ALWAYS IN THE CONTEXT OF THE
It is interpretation by usage or practice PECULIAR FACTUAL SITUATION OF EACH CASE. THE CIRCUMSTANCES OF
TIME, PLACE, EVENT, PERSON AND PARTICULARLY ATTENDANT
Construction by the Secretary of Justice CIRCUMSTANCES SHOULD BE TAKEN IN THEIR TOTALITY SO THAT JUSTICE
In his or her capacity as chief legal adviser CAN BE RATIONALLY AND FAIRLY DISPENSED. (Philippines Today, Inc v NLRC)
Judicial construction
Executive construction, kinds. A judicial decision interpreting a statute is considered in construing similar
Construction by the Secretary of Justice- It is in the form of opinions issued subsequent statutes
upon request of administrative or executive officials who enforce the law.
Doctrine of STARE DECISIS.
Construction by an executive officer exercising quasi-judicial power -It is in
the form of a ruling in an adversary proceeding 1. Stare decisis et non quieta movere one should follow past precedents and
should not disturb what has been settled.
Legislative construction. Reason for such doctrine: the supreme court has a duty not only of interpreting and
Legslative interpretation the legislature may provide an interpretation or applying the law but also in protecting the society from needless upheavals. Interest
declaration clause in a statue but they cannot limit or restrict the power granted to reipublicae ut sit finis litium interest of then state demands that there be an end to
courts. litigation.
1. While legislative interpretation is not controlling, courts may resort to it to 2. A ruling in order to come within the doctrine of stare decision must be
clarify ambiguity in the language. categorically stated in the issue expressly raised by the parties; must be a
2. Such legislative interpretation is entitled of respect especially if the direct ruling.
executive department has similarly construed the statute. 3. Rulings that are merely sub silencio are merely OBITER DICTUM.
Legislative construction, form. 4. This doctrine is not absolute because Supreme Court may change or
Indicated by the language of the later enactments abandon a precedent enunciated by it.
May be considered, but not controlling. Doctrine of stare decises et non quieta movere.
One should follow precedents and should not disturb what has been settled
Judicial Construction.
41
Doctrine of stare decisis, when applied. Dictionaries generally define words in their natural, plain and ordinary acceptance and
The ruling must be categorically stated on an issue expressly raised by the significance. Where the law does not define the words used in a statute and the
parties on an issue expressly raised by the parties legislature has not intended a technical or special meaning to those words, the Court
Must be a direct ruling on substantially the same facts. may adopt the ordinary meaning of the words as defined in the dictionaries.
43
It is an elementary rule in statutory construction that legislative intent Against inconsistency, injustice
controls interpretation of a statute. Motive of Congress
Under the doctrine of necessary implication, the authority to open In favor of beneficial operation of statutes
extension classes chargeable against the SEF logically includes hiring of Against inconvenience, absurdity, and ineffectiveness of statutes
teachers and payment of their salaries and other benefits, even if hiring and As to public policy
payment were not specifically mentioned in the law. Against irrepealable laws, repeal, unnecessary changes in the laws, implied
The service and salaries of these teachers are necessary and indispensable repeals
to establish and maintain extension classes. Acquiescence to judicial construction
Every statute is understood, by implication, to contain all such provisions As to existing laws
as may be necessary to effectuate its object and purpose, As to jurisdiction of courts
Or to make effective rights, powers, privileges or jurisdiction which it grants,
including all such collateral and subsidiary consequences as may be fairly
and logically inferred from its terms.
But a scholarship grant is neither necessary not indispensable to the
operation and maintenance of public schools.
Hence, the doctrine of necessary implication does not apply to it
Presumptions, basis.
Logic, experience and common sense.
Presumptions, examples.
Congress acted within the scope of its authority
Against violation of international law
Against extra-territorial operation of statutes
Against unconstitutionality
Against extra-territorial operation of statutes
Against unconstitutionality
44
It extends to statute in the nature of contracts
Example: legislative franchises to establish and operate utilities
Which may be unilaterally amended by the legislature
Without impairing the obligations of contract
Because it normally provides that it is subject to amendment or repeal by
Congress
When common good requires
Express amendment
Specific sections or provisions sought to be amended
Example: a provision sought to be amended is quoted, followed by is
hereby amended to read as follows:
Implied amendment
Does not specify sections or provisions but provides for a general phrase
45
Thus, they executed another 1 year contract, but for the position of helper/
Amendment, effect of. laborer with a salary of $105 and allowance of $105 monthly.
An amended Act should be construed differently from the original Act The OFW returned to the country and invoked his first contract, demanding
It would not have been amended had the legislature did not want to change for the difference in his salary and allowance plus contractual bonus for not
meaning availing of his vacation or home leave credits
Example: if the exception is deleted, it means that it is now included in the scope of But this was denied by Erectors.
the general term. On March 31, 1982, the OFW filed with the Labor Arbiter a complaint
against Erectors for underpayment of wages and non-payement of overtime
pay and contractual bonus.
Amendment, how it operates. On May 1, 1982 however, while the case was still in conciliation stage, E.O.
General rule: amendatory Acts operate prospectively No. 797 creating the Philippine Overseas Employment Administration
Except: contrary is provided or implied (POEA) took effect.
Condition: No vested rights or obligation of contracts is impaired It vested the POEA with exclusive and original jurisdiction over all cases,
including money claims, involving employer-employee realtions arising out
Amendment, effect on vested rights. of or by virtue of any law or contract involving Filipino workers for overseas
Does not affect vested rights employment.
Because it takes effect prospectively Despite E.O. 797, the Labor Arbiter heard the case and decided in favor of
the OFW.
Erectors appealed to thre NLRC but was denied, hence this petition for
special civil action for certiorari.
Contention of erectors: E.O. 797 divested the Labor Arbiter of jurisdiction
over cases arising from overseas employment contract.
Amendment, effect on jurisdiction.
It applies retroactively to affect pending cases pursuant to the ruling in Briad
Jurisdiction over the subject matter is determined by the law in force at the Agro Development Corp vs. Dela Cerna.
time Held: E.O. 797 did not divest the Labor Arbiter with jurisdiction claims
Of commencement of action arising from overseas employment contract.
Once acquired, it cannot be divested by amendatory Act and stays until Jurisdiction over the subject matter is determined by the law at the time of
decided the commencement of the action.
Unless: express prohibitive words or words of similar import are used Prior to the efficacy of E.O. 797, the laws in force were P.D. Nos. 1691 and
it applies to quasi-judicial bodies 1391 which vested the Labor Arbiter with original and exclusive jurisdiction
over these cases.
ERECTORS, INC. v NLRC , 256 SCRA 629 (1996) Laws should be applied prospectively unless the legislative intent to give
Illustrative case: Erectors, Inc. Vs. NLRC, G.R. No. 104215, May 8, 1996, 256 SCRA 629 them retroactive effect is expressly declared or is necessarily implied from
(1996) the language used.
Facts: erectors recruited an Overseas Filipino Worker (OFW) to work as The reliance on the ruling in Briad Agro Development Corp vs. Dela Cerna is
service contract driver in Saudi Arabia for 1 year with a salary of $165 and misplaced.
allowance of $165 a month plus $1,000 renewal bonus. In that case, E.O. 111 amended Article 217 of the Labor Code to widen the
But it was not implemented because the position of service driver was no workers access to the government for redress of griecances by giving the
longer available. regional directors and labor arbiters concurrent jurisdiction over money
claims.
46
This amendment however crewated a situation where their jurisdiction Enactment of various laws on the same subject matter into a single,
overlapped. comprehensive statute
As a remedy, R.A. 6715 delineated their respective jurisdiction. It is to be considered as such and not as a series of disconnected articles or
As such, E.O. 111 and R.A. 6715 are curative statutes which retroactive provisions
application is an exception to the general rule on prospective application of
laws. Revision and codification, purpose.
Curative statutes are enacted to cure the defects in a prior law or to validate To restate into one statute
legal proceedings, instruments or acts of public authorities which would Similar subject found in various laws
otherwise be void for want of conformity with certain existing legal Simplify complicated provisions
requirements. And make them accessible and easily found
E.O. 797 is not a curative statute. It was not intended to remedy any defect
in the law.
Revision and codification, effects.
It should thus be applied prospectively and should not affect jurisdiction
over cases filed prior to its efficacy. Insertion of new provisions does not alter the construction of previous
Acts unless otherwise clearly intended
Erectors, Inc. Vs. NLRC Omission of old provisions deemed repealed, unless the statute or code
Facts: A money claim arising out of overseas employment contract (OEC) provides, expressly or impliedly
was filed by an overseas Filipino worker with the Labor Arbiter. But, the repeal by revision or codification of former laws is possible only if
During pendency of the case however, a law was passed transferring the revised statute or code was intended to cover and perfect system itself
jurisdiction over money claims arising out of OEC from the Labor Arbiter to When both intent and scope clearly evince the idea of repeal, all omitted
the POEA. parts are deemed repealed.
Held: Jurisdiction is determined by the law at the time of commencement of action. MECANO v COMISSION ON AUDIT, 216 SCRA 500 (1992)
Once acquired, court proceeds to hear and decide. It is not divested by subsequent Illustrative case: Mecano vs. Commission on Audit, 216 SCRA 500 (1992)
Facts: An NBI Director was confined for cholecystitis which coset him
amendatory act unless it expressly provides or is curative statute which may be given
hospital and medical expenses the he wants to be reimbursed.
retroactive effect
He based his claim on Section 699 of the Revised Adminstrative Code (RAC)
of 1917 which affords civil servants allowances in case of injusry, death, or
Effect of nullity of prior or amendatory act. sickness incurred in the performance of duty but it was denied by the
If the prior Act is declared invalid, the amendatory Act is also invalid Commission on Audit (CoA).
If the amendatory Act is invalid, the prior Act stays Contention of CoA: Section 699 of the RAC was omitted in the
Administrative Code of 1987 hence deemed repealed.
Revision, defined. Contention of CoA: Allowing Section 699 to remain in force argues against
Intends to re-examine the whole law, or of certain provisions which have the Adminstrative Code of 1987 itself which wheras clause says:
over-all implications for the entire law the effectiveness of the Government will be enhanced by a new
Administrative Code which incorporate in a unified document the major
Amendment and revision, distinguished. structural, functional and procedural principles and rules of governance.
Amendment alters one or a few specific and separable provisions whereas In effect, what is contemplated is only one code, the Administrative Code of
revision overhauls the entire law 1987.
Held: Section 699 of the Revised Administrative Code of 1987.
Codification, defined. Held: The repealing clause of the Administrative Code of 1987 says:
47
All laws, decrees, orders, rules and regulations, or portions thereof, Change in phraseology
inconsistent with this Code are hereby repealed or modified accordingly. Change in phraseology mere change in phraseology does not imply that the
Since it did not specify the title or number of the law sought to be repeal, lawmakers intended to change the construction of the old laws
which has two categories.
One is where the provisions of the two laws on the same subject matter are General Rule: neither change in phraseology nor omission or addition of words alters
irreconcilable. the construction of former Acts
The other is where the enactment of a statute revising or codifying the
former laws on the whole subject matter. Except: if intent to change the construction is very clear, especially if the change or
But the second category is possible only if: omission is material as to indicate intent to depart from the previous construction of
The revised statute or code was intended to cover the whole subject to be a the old laws
complete and perfect system in itself
It revises the whole subject matter of the statute
Both intent and scope evince the idea of repeal Rearrangement of sections
It is clear intent of the legislature to substitute the prior Act. Rearrangement of sections does not change the operation, effect or meaning of
The Administrative Code of 1987 does not fall under this category, because statute unless changes are of such nature as to clearly manifest legislative intent to
the intent is clear that it covers the aspects of administration organization change old laws
and procedure only.
It also does not fall under the first category because there is no Repeal, defined.
irreconcilable conflict between the provisions of both laws.
Recalling, revoking or abrogation of a statute by another.
Lastly, implied repeal is not favored.
The presumption is against repugnancy or inconsistency because the Repeal, who has authority.
legislature is presumed to know the existing laws on the subject and not to
The legislature, subject to constitutional limitations
have enacted inconsistent or conflicting statues.
Section 1, Article VI, the Legislative Department, 1987 Constitution.
Thus, even if Section 699 of the Revised Administrative Code of1917 was
omitted in the Administrative Code of 1987, it remains in force in the The legislative power shall be vested in the Congress of the Philippines
absence of irreconcilable inconsistency, apart from the fact that it was not which shall consist of a Senate and a House of Representatives, except to
specifically identified for repeal. the extent reserved to the people by the provision on initiative and
referendum.
48
First, that Section 33 of P.D. 1146 be expressly and categorically repealed by Facts: GSIS refused to any real property taxes to the local government unit
law; because of a prior exempting law setting two conditions for repeal which
Second, that a provision be enacted to substitute the declared policy of were not met by the subsequent law.
exemption from any and all taxes as an essential factor for the solvency of Held: the conditions set by the prior law place undue restraint on the
the GSIS fund. plenary power of Congress to amend or repeal laws in violation of the
These requisites for repeal have not been satisfied by the LGC. prohibition against passage of irrepealable laws.
Contention of the local government unit: the present legislature cannot bind future legislature to a particular mode of
the exemption granted to GSIS under Section 33 of PD 1146 was effectively repeal. It cannot declare in advance the intent of future legislatures.
withdrawn uopm the enactment of the LGC which further says that special
laws like PD 1146 which are inconsistent with it are repealed or modified
accordingly. Repeal, kinds of.
Held: concededly, the second condition prescribed by section 33 of P.D. Repeal, Kinds of.
1146 does not appear to be met as no provision is found in the Local Total revokes the statute completely
Government Code of 1991 that substitutes the declared policy of exemption
Partial leaves unaffected portions in force
from any and all taxes as an essential factor for the solvency of the fund.
Express declaration in a repealing clause that a particular and specific law
but the amendatory second paragraph in Section 33 introduced by P.D.
is sought to be repealed, by identifying the number or title
1981 is fundamentally flawed.
Implied all other repeals are deemed implied repeals
This unorthodox condition effectively imposes restrictions on the
Failure to add the repealing clause indicated that there is not intent to
competency of Congress to enact future legislature on the taxability of GSIS.
repeal any existing law
This places undue restrain on the plenary power of Congress to amend or
Unless there is irreconcilable inconsistency
repeal laws in violation of the prohibition against the passage of
In which case it is deemed an implied repeal
irrepealable laws.
Irrepealable laws are prohibited because they deprive succeeding
Repeal, kinds of.
legislatures of the fundamental best senses carte blanche in crafting laws.
Even if there is a repealing clause but if fails to identify or specify the law
Reynato S. Puno once said, to be sure, there are no irrepealable laws just
sought to be repealed, it is still an implied repeal
as there are no irrepealable Consitutions.
Example: All laws or parts thereof which are inconsistent with this Act are
Change is the predicate of progress and we should not fear change.
hereby repealed or modified accordingly.
Xxx
The intent is not to repeal any existing law on the matter, unless there is
it may be argued that section 33 does not preclude repeal of tax-exempt
irreconcilable inconsistency
status of the GSIS, but merely imposes conditions for its validity.
Laws are repealed only by the enactment of subsequent laws, not by
But if these conditions are honored, they have the precise effect of limiting
violation, non-observance, disuse of customs and contrary practice.
the power of Congress.
Thus, the same rationale for prohibiting irrepealable laws applies in
prohibiting restraints on future amendatory laws.
The present legislature cannot bind future legislature to particular mode Repeal by implication, conditions.
of repeal. It cannot declare in advance the intent of subsequent There must be sufficient revelation of the intent to repeal, which must be
legislatures. very clear.
Aguejetas vs. CA, 261 SCRA 17 (1996) The following standard of irreconcilability resulting in implied repeal must be
Facts: the members of the Provincial Board of Canvassers were convicted of satisfied:
the election offense under Section 231 of the Omnibus Election Code (OEC). 1. Both laws deal with thew same subject matter
2. The latter law must be inconsistent with the earlier law.
This after they proclaimed the losing candidate as eighth elected board
3. Repugnancy is clear and convincing in character.
member.
4. The language used in the latter must be such that as to render it
Contention of the canvassers:
irreconcilable with the prior law.
The election offense for which they were convicted is repealed by R.A. 6646
and R.A. 7166 which amended the OEC by deleting or adding certain
An inconsistency that fally short of this standard does not suffice because implied
provisions.
repeal is not favored.
Paragraph 2, Section 231 of the OEC states:
The respective board of canvassers shall prepare a certificate of canvassers The presumption is against inconsistency and accordingly, against implied repeal
shall prepare a certificate of canvass duly signed and affixed with the because Congress is presumed to know the existing laws on the same subject and not
imprint of the thumb of the right hand of each member, supported by a to enact inconsistent statutes.
statement of the votes and received by each candidate in each polling place
and, on the basis thereof, shall proclaim as elected the candidtates who Hagad vs. Gozo-Dadole, 251 SCRA 241 (1995)
obtained the highest number of votes cast in the province, city municipality
Facts: Criminal and administrative complaint were filed against Mayor
or barangay. Failure to comply with this requirement shall constitute an
Alfredo Ouano and other members of the Sanguniang Panglungsod (SP)
election offence.
with the office of the Deputy Ombudsman for the Visayas for violation of
This was modified by Section 28 of R.A. 7166 by removing the specific the Revised Penal Code and R.A. 6713.
manned by which the winning candidates are proclaimed.
the complainants moved to preventively suspend Mayor Ouano and other
Thus, it repealed the second paragraph, Section 231 of the OEC under which respondents.
they were convicted.
Mayor Ouano opposed the motion ad moved to dismiss the complaint.
Held: Sec. 231 was not expressly repealed by the amending and repealing
Contention of Mayor Ouano and other respondents:
clause of R.A. 7166 which says:
50
The Deputy Ombudsman is without jurisdiction to try, hear and decide the Thus, respondent insist that conformably with Sec. 63(b), preventive
administrative complaint. suspension can only be imposed by the President if the respondent is an
They argued that under Section 63 of the Local Government Code of 1991 official of a province, highly urbanized city or an independent component
(LGC), the power to investigate and impose administrative sanctions, city.
including preventive suspension against local officials, is now vested with Contention of the Solicitor-General:
the Office of the President (OP). While the LGC may have conferred on the OP disciplinary authority over
Under Secs.61 and 63 of the LGC, the OP, not the Office of the Ombudsman, local elective officials, it is not exclusive.
has jurisdiction over administrative complaints against any elective official The LGC did not withdraw the power of the Ombudsman to investigate local
of a province, highly urbanized city or independent component city. elective officials vested by the Ombudsman Act conformable with a
Contention of complainants: constitutional mandate.
The LGC could not have repealed, abrogated or otherwise modified the Indeed, the SC said, there is nothing in the LGC to indicate that it repealed,
pertinent provisions of the power to investigate cases against elective local expressly or impliedly, the Ombudsman Act.
officials. The two statutes on the specific matter in question are not so inconsistent
The power of the Ombudsman to investigate local officials under the or irreconcilable.
Ombudsman Act is unaffected by the provisions of LGC. Two laws on the same subject matter, which prevails.
But the Deputy Ombudsman denied the motion to dismiss and even placed Between two irreconcilably inconsistent laws, the subsequent law prevails
mayor Ouano and other respondents under preventive suspension. because it is the latest expression of legislative will, and Congress is
Mayor Ouano and other respondents petitioned to prohibit and restrain the presumed to know the earlier law.
Deputy Ombudsman before the Regional Trial Court of Mandaue City which Legis posteriors priores contrarias abrogant subsequent statute repeals
granted it. earlier law repugnant to it.
The respondent judge applied the rule of statutory construction that
endeavor to harmonize two laws to make each effective. Illustrative case: David vs. Comelec, G.R. No. 127116, April 8, 1997
Since the investigatory power of the Ombudsman Act is general, broad and
vague as opposed to the LGC which provides for well defined Contention of the Commission on Elections:
And specific grounds for administrative disciplinary action, the LGC could be The repealing clause of the LGC includes all laws, whether general or
considered an exception to the authority and administrative power of the special, inconsistent with the provisions of the Local Government Code.
Ombudsman to investigate local elective officials. David and Rillon cannot claim a term longer than 3 years because they were
Issue: whether the authority of the Ombudsman to investigate local elective elected under the aegis of the LGC which fixed the term of 3 years only.
officials under the ombudsman act of 1989 has been divested by virtue of Held: The legislative intent is very clear, shorten the term of office of
the subsequent enactment of the LGC of 1991. Barangay officials to 3 years only.
held: the petition is meritorious. First, the LGC was enacted later than R.A. 6679.
Sec. 21 of the Ombudsman Act says: Sec. 43 of the LGC fixed the term of office of barangay officials at 3 years
??? whereas Sec. 1 of R.A. 6679 fixes it at 5 years.
Sec. 24 grants the Ombudsman authority to preventively suspend any Both laws refer to barangay officials elected on the second Monday of May
officer or employee under his authority pending an investigation x x x 1994
Whereas Sec. 61(a) of the LGC provides: There being irreconcilable inconsistency between the two laws, implied
A complaint against any elective official of a province, a highly urbanized repeal applies.
city, an independent component city or component city shall be filed before While it is true that R.A. 6679 is a special law and should prevail pursuant to
the Office of the President. the doctrine of generalia specialibus non derogant, the LGC is not
necessarily a general law.
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The LGC is a codified set of laws that specifically applies to local government If court decisions point to one legislative intent, regardless of whether one is
units. criminal and the other is civil.
Section 43(c) specifically fixes the term of office of elective barangay
officials at 3 years, a special provision that applies only to those elected on Statutes in pari materia, how construed.
the second Monday of May 1994. They should be read together, and in connection with each other, as if they
The Constitution did not expressly prohibit Congress from fisixng any term constitute one law or one system enacted in the same spirit in furtherance
of office for barabgay officials. of the same policy.
It merely left the determination of such term to the full discretion of the In pari materia rule, purpose.
law-making body in accordance with the exigencies of public service.
To carry out the full legislative intent by giving effect to all laws and
To strike down a law as unconstitutional, there must be a clear and provisions on the same subject matter.
unequivocal showing that what the Constitution prohibits, the statute In pari material rule, limitation.
permits.
It cannot be invoked where the language of the law is clear and
They miserably failed to discharge this burden to show clearly the
unambiguous.
unconstitutionality they aver.
It does not apply to private acts and is highly disfavored.
Mecano v COA
General and special law, rule on repeal.
David v COMELEC, GR No. 127116, April 8, 1997
General law does not repeal a prior special law on the same subject matter
unless clearly intended by the legislature.
Exception, defined.
Repeal, effect on penal laws. Enumeration of what should not be covered by the general rule.
Example: the absolute repeal of the Anti-Subversion Act entitles the accused to the
dismissal of the case against him as the offense no longer exost and the court is Exception and proviso, distinguished.
deprived of jurisdiction. Exceptions exempts while proviso sets conditions.
Reason: the legislative intent is to legalize what has been decreed as illegal.
Except: if the repealing act re-enacts the statute and penalizes the same act, even if Exceptions, how construed.
the penalty is lower Strictly, especially where the statute promotes public welfare.
The repealing act contains a saving clause that pending cases are not affected.
Saving clause, defined.
Repeal, effect on municipal charter.
A clause which exempts special things out of the general things mentioned
Abolishes all offices under the old charter. in the law.
53
Saving clause, purpose. What if they cannot harmonized, which prevails, the existing provisions or the
To preserve something, as existing rights or causes of action or pending amendment?
proceedings, from immediate interference by operation of a statute. The amendent prevails.
Language of Constitution, how construed.
Saving clause, limitation. They should be construed in their common use and ordinary meaning.
Inoperative if entirely inconsistent with the purview of the law. Except? When technical terms are used
Why are they construed in their ordinary meaning?
IX. CONSTRUCTION OF CONSTITUTION
The Constitution is not primarily a lawyers document. It is the expression of
the sovereign will of the people.
Constitution, defined.
It is a written instrument where fundamental powers of the government are
Illustrative provision:
established , limited and defined, distributed among several departments for their
Section 7, Article XIII of the Constitution says:
safe and useful exercise for the benefit of the body politic.
the State shall protect the rights of subsistence fishermen, especially of
Constitutional construction, primary purpose.
local communities, to the preferential use of the communal marine and fishing
To determine the intent of the framers as expressed in the language to assure its
resources, both inland and offshore
realization.
How do you construe the phrase subsistence fishermen? It should be construed in
Constitutional construction, applicability of rules of statutory construction.
its ordinary meaning
(examples of applicable rules of statutory construction)
Which is? It refers to those whose catch yields are just enough for their livelihood or
Verbal egis or the plain meaning rule
subsistence.
Ratio legis est anima or words are interpreted according to the intent
Ordillo v Commission on Elections, 192 SCRA 100 (1992)
Ut magis valeat pereat or the Constitution is to be interpreted as a whole. What are the facts of the case?
Constitution, how construed. Congress enacted RA 6766, an organic act for the Cordillera Autonomous Region
AS a whole, no provision is to be separated from all the others. (CAR) to be composed of the provinces of Benguet, Mountain Province, Ifugao, Abra,
What if there are conflicting provisions? They should be harmonized. Kalinga- Apayao and the City of Baguio. But it was overwhelmingly rejected by the
Liberally or strictly? Liberally, to accomplish its high objectives and carry out general people in a plebiscite called for the purpose, except for the province of Ifugao. Thus,
principles of government. Comelec resolved that the CAR was approved only by the people in Ifugao province.
Is there an exception to liberal construction? Yes where it grants governmental Thus, Congress set the date of election. The keywords provinces, cities, municipalities
powers in derogation of the inherent and natural rights of the people. an geographical areas connote that region means two or more provinces. It should
So, can we say it may be construed either way? Yes, since constitutional construction be construed according to its common use and ordinary meaning. The 13 regions into
is a question of intention. which the country is divided for administrative purposes are groupings of contiguous
Should we construe the Constitution according to the previling circumstances? No, it provinces.
should be construed uniformly. It should not change together with the fluctuations What about he provisions in RA 6766, do they reveal what is contemplated by the
of public sentiment. term region?
Amendments to Constitution, how construed. YES, Section 2 contemplates development of provinces cities, municipalities whereas
They should be harmonized with the existing provions. Section 4 contemplates regional assembly districts
54
What is your one-liner for this case? 2. Proceedings of the constitutional convention
Words in the Constitution should be understood in their common use and ordinary 3. Changes in phraseology
meaning, thus, the term region as ordinarily used in the 13 regions in the country 4. Prior laws and judicial decisions
refers to groupings of contiguous provinces. 5. Construction of US Constitutional provisions
The keyword provinces, cities, municipalities and geographical areas connote that 6. Contemporaneous construction and writings
region means two or more provinces. 7. Consequences of alternative construction
8. Construction given by executive officers
Between words with restricted and general meanings, which prevail.
The general meaning prevails ILLUSTRATIVE CASE: (History or realities)
Except? In re Bermudez, 145 SCRA 116, 162 (1986)
If the context indicates that the limited sense is intended. Article XVIII, Section 5 of the Constitution states that the six-year term of the
What is the reason for this rule? incumbent President and Vice-President elected in the February 7, 1986 election is,
The Constitution is an organic law that deals with broader subjects for purposes of synchronization of elections, hereby extended to noon of June 30,
What are the criticisms against the 1987 Constitution? 1992.
That it is excessively long and verbose Who is the incumbent president then?
It sounds like a political speech rather than a formal document stating only In applying history or realities, the SC said it is a matter of public record and common
basic precepts. public knowledge that the ConCom refers to incumbent President Corazon C. Aquino
It includes topics that have no place in the Constitution like sports, love, and Vice-President Salvador H. Laurel, and to no other persons.
drugs. And even advertising and rhythm and harmony of nature. What do proceedings of the convention include?
But worse, it uses tortuous language like the following masterpiece of They include debates, interpellations and opinions.
circumlocution: Can we resort to proceedings right away?
ARTICLE XVI, Section 10: No, resort to proceedings may only be had if other extrinsic aid fail.
The State shall provide the policy environment for the full development of
Filipino capability and the emergence of communication structures suitable to Montejo v COMELEC, 242 SCRA (1995)
the needs and aspirations of the nation and the balanced flow of information FACTS:
into, out of, and across the country, in accordance with a policy that respects the The province of Leyte and the cities of Tacloban and Ormoc are composed of 5
freedom of speech and of the press. legislative districts.
To this, Justice Isagani A. Cruz reacted: EXCUSE ME? So, what was the problem of the petitioner then?
Montejo, who is the representative of the first district of claimed that the transfer of
Intrinsic aid to constitutional construction. municipalities resulted in inequitable distribution of inhabitants and voters and
Language or words of the Constitution. violates the equality of representation ordained in the Constitution. He said that the
first district has 178k voters whereas the second district has 156k voters or a
Extrinsic aids to constitutional construction, enumerated. difference of 22k voters.
1. History or realities existing at the time of the adoption of the What did he want the COMELEC to do then?
Constitution
55
He wanted the COMELEC to transfer Tolosa, which had 7k, from the first to the MR.DAVIDE.xxxThe authority conferred would be on minor corrections or
second district. amendments, meaning to say, for instance, that we may have forgotten an
How did the Comelec defend its resolution? intervening municipality in the enumeration, which ought to be included in one
Its adjustment of municipalities involved the least disruption of the territorial district. That we shall consider a minor amendment.
composition of each district. MR. DE CASTRO.xxxCan it be possible that one municipality in a district be
IT complied with the constitutional requirement that each legislative district shall transferred to another district and call it a minor adjustment?
comprise, as far as practicable, contiguous, compact and adjacent territory. MR.DAVIDE.That cannot be done, Mr. Presiding Officer. Minor, meaning, that there
Section 2 of the Ordinance appended to the Constitution authorizes it to make minor should be no change in the allocations per district. However, it may happen that we
adjustments in redistricting. have forgotten a municipality in between which is still in the territory of one assigned
How did the Supreme Court resolve the issue? district or there may be an error in the correct name of a particular municipalityxxx
MR. DE CASTRO. So the minor adjustment which the Comelec cannot do is that, if,
Why? for example, my municipality is in the first district of Laguna, they cannot put that in
The COMELEC is without jurisdiction to apportion legislative districts and the phrase any other district.
minor adjustments refer to the instance where a municipality was omitted in the MR. DAVIDE. That is not even a minor correction. It is a substantive one.
enumeration of those composing the legislative district.
How did the SC construe minor adjustments? What is the value of changes in phraseology as an extrinsic aid?
From the debates and interpellations of the Constitutional Commission. It may be inquired into to ascertain the intent of the provision as finally approved.
The question of who has authority to apportion legislative districts is clearly Is mere deletion of a word or phrase conclusive?
answered in the following deliberations: No, as it may have been omitted to avoid superfluity.
MS . AQUINO. I have to object to the provision which will give mandate to the Example:
COMELEC to do the redistricting. Redistricting is vitally linked to the baneful practices no person shall be compelled in a criminal case to be a witness against himself
of cutting up areas or spheres of influence; in other words, gerrymandering. This was changed to no person shall be compelled to be a witness against himself.
Commission, being nonpartisan, a nonpolitical deliberative body is in the best What is the intent why the phrase in a criminal case was omitted?
possible situation under the circumstances to undertake that responsibility.XXX The intent is to make it available in cases other than criminal.
MR. OPLE. Xxx We know that the reapportionment of provinces and cities for the Why are prior laws and judicial decisions considered extrinsic aids?
purpose of redistricting is generally inherent in the constituent power or in the The Constitution is written in reference to existing statutory laws at the time.
legislative power. Xxx Why is the construction by the US Supreme Court of the US Constitutional
Mr. SARMIENTO. May I move that this Commission do the reapportionment of provisions available as extrinsic aids?
legislative districts. Most provisions on police power, eminent domain, taxation and bill of rights were
How did the Constitutional Commission vote? taken or patterned after the US Constitution.
The results show 30 votes in favor and none against; the motion is approved. When do we apply contemporaneous construction?
But what is the extent of authority granted to Comelec the phrase minor When there is substantial doubt and ambiguity
adjustments in Section 2 of the appended Ordinance? What is the value of the writings of Constitutional Convention delegates as
The Constitutional Commission deliberation show that it is limited to those omitted: extrinsic aid?
They have persuasive effect.
56
What happens when a constitutional provision is susceptible of more than one Does it follow that litigants are powerless if the judge delays to resolve cases?
interpretation? Not necessarily, the judge may be administratively liable.
That construction which leads to absurd, impossible or mischievous circumstances What is your one-liner for this case?
must be rejected. Constitutional provisions are to be construed as mandatory, unless by express
provision or by necessary implication, a different intention is manifest, or if they
Marcelino v Cruz, GR No. 42428, March 18, 1983. 121 SCRA 51 relate merely to matter of procedure.
What happened in this case?
Petitioner was charged with the crime of rape. ON August 4, 1975, he rested his case. Poe v COMELEC, GR No. 221697, March 8, 2016
On September 4, 1975, he submitted his Memorandum. On November 28, 1975, the
Judge submitted with the Deputy Clerk of Court his decision for promulgation.
Notices of promulgation were sent to all parties involved. How do we know that a provision relates to matter of procedure?
What was the ground for resting? When the time prescribed to decide a case was incorporated for reasons of
The trial court lost jurisdiction over the case for failure to decide the case within 90 expediency, it is deemed merely procedural.
days from date of submission for resolution. The 3-month period prescribed by Why is construction made by executive officers given weight?
Section 11 (1) of Article X of the 1973 Constitution, being a constitutional directive, is Because they are the first to interpret the law.
mandatory in character. Section 11(1) of Article X says: IS there a condition before it is given weight?
Upon the effectivity of this Constitution, the maximum period within which a case Yes, provided that it has been construed for a considerable period of time.
or matter shall be decided or resolved from the date of its submission, shall be
eighteen months for the Supreme Court, and, unless reduced by the Supreme Court, Mandatory or directory character of constitutional provisions.
twelve months for all inferior collegiate courts, and three months for all other Are constitutional provisions mandatory or directory?
inferior courts, Generally, they are mandatory in nature.
Article VIII, Section 15 (1) of the 1987 Constitution says: What are the exceptions?
All cases or matters filed after the effectivity of this Constitution must be decided or If expressly provided
resolved within twenty-four months from the date of submission for the Supreme By necessary implication
Court, and unless reduced by the Supreme Court, twelve months for all lower A different intention is manifested
collegiate courts and three months for all other lower courts. Why are they generally mandatory?
How did the Supreme Court resolve the issue of timeliness? It is the sovereign itself that speaks, laying down rules which for the time being
The case was submitted for decision on September 4, 1975 and the Judge rendered control both the government and the governed.
his decision on November 28,1975 hence only 85 days have lapsed. To hold that any of the constitutional provisions is to be obeyed or disregarded at the
How did the Supreme Court construe the constitutional provision prescribing time will or pleasure of the legislature is a dangerous doctrine.
to decide? It lowers the dignity befitting the fundamental law of the land.
It was construed as merely directory.
Why? Preamble and titles, how construed.
To make it mandatory would make judges lose jurisdiction over the cases if they fail How are preamble and title construed?
to decide on time, which consequence will cause greater injury to the public.
57
They may furnish evidence of the meaning and intention of the Constitution, but Section 5 (5), Article IV of the Constitution says:
they are given little weight. The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
Constitutional prohibitions(?) , how construed. adequate remuneration and other means of job satisfaction and fulfillment.
How are constitutional provisions construed?
They are construed positively and unequivocally. IS this mandatory and self-executing?
Constitutional grant of power, how construed. No, the provision does not mean that the hands of Congress are so hamstrung as to
How is constitutional grant of power construed? deprive it of the power to respond to the imperatives of the national interest and for
It is construed as a mandate, and not a mere direction. the attainment of other state policies or objectives.
What does such grant of power include?
IT includes all such particular and auxiliary powers necessary to make it effectual. -------END------
But what if the means for the exercise of a grant of power are specified in the
Constitution?
All other means are deemed excluded.
Prospective or retroactive application.
How are constitutional provisions applied, prospectively or retroactively?
Prospectively, unless otherwise intended.
58