Chapter I - Introduction to the Constitution and Constitutional Construction

I. Constitution, Definition and Characteristics

Constitution - implies a writing and it is understood in the further restricted sense of an enactment by
the direct action of the people proving for the form of government and defining the powers of the several
departments, thus creating a fundamental law which is absolute and unalterable except by the authority from
which it emanated. “It is the written instrument agreed upon by the people.. as the absolute rule of action
and decision for all departments and officers of the government, and in opposition to which any act or rule of
any department or officer of the government, or even of the people themselves, will be altogether void.”

II. General Principles of Constitutional Construction

The fundamental principle of constitutional construction is to give effect to the intent of the framers if the
organic law and of the people adopting it, the intention to which force is to be given is that which is
embodied and expressed in the constitutional provisions themselves.

Legislative Intent - the object of all interpretation and construction of statues is to ascertain the meaning and
intention of the legislature, to the end that the same may be enforced.It is determined principally
from the language of the statute.

1. Verba Legis - if the language of the statute is plain and free from ambiguity, and express a single,
definite, ad sensible meaning, that meaning is conclusively presumed to be the meaning which
the legislature intended to convey.
2. Statutes as a whole - a cardinal rule in statutory construction is that the legislative intent must 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 a meaning which is different from the one
actually intended. A statute should be construed as a whole because it is not to be presumed that
the legislature has used any useless words, and because it is dangerous practice to base the
construction upon only a part of it, since one portion may be qualified by other portions.
3. Spirit and Purpose of the Law - When the interpretation of a statute according to the exact and
literal import of its words would lead to absurd or mischievous consequences, or would thwart or
contravene the manifest purpose of the legislature in its enactment, it should be construed
according to its spirit and reason, disregarding or modifying, so far as may be necessary, the
strict letter of the law. (When the reason of the law ceases, the law itself ceases)

* Doctrine of necessary implications. What is implied in a statute is as much a part thereof as that which is
expressed.

1. Casus Omissus - When a statute makes speci c provisions in regard to several enumerated cases or
objects, but omits to make any provision for a case or object which is analogous to those
enumerated, or which stands upon the same reason, and is therefore within the general scope of
the statute, and it appears that such case or object was omitted by inadvertence or because it was
overlooked or unforeseen, it is called a “casus omissus”. Such omissions or defects cannot be
supplied by the courts. The rule of “casus omissus pro omisso habendus est” can operate and
apply only if and when the omission has been clearly established.
2. Stare Decisis - It is the doctrine that, when court has once laid down a principle, and apply it to all
future cases, where facts are substantially the same, regardless of whether the parties and
properties are the same. Stare Decisis. Follow past precedents and do not disturb what has been
settled. Matters already decided on the merits cannot be relitigated again and again. “Stare
decisis et non quieta movere” (follow past precedents and do not disturb what has been settled. )
III. Aids to Construction

• Construction is the art or process of discovering and expounding the meaning and the intention of
the authors of the law with respect to its application to a given case, where that intention is
rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided
for in the law.

• Where the meaning of a statue is ambiguous, the court is warranted in availing itself of all illegitimate aids
to construction in order that it can ascertain the true intent of the statute.
• The aids to construction are those found in the printed page of the statute itself known as the intrinsic aids,
and those extraneous facts and circumstances outside the printed page, called extrinsic aids.
• It is used as an aid, in case of doubt in its language to its construction and to ascertaining legislative will. If
the meaning of the statute is obscure, courts may resort to the title to clear the obscurity.
• The title may indicate the legislative intent to extend or restrict the scope of law, and a statute couched in a
language of doubtful import will be constructed to conform to the legislative intent as disclosed in its title.
• Resorted as an aid where there is doubt as to the meaning of the law or as to the intention of the legislature
in enacting it, and not otherwise.
• Serve as a guide to ascertaining legislative intent carries more weight in this jurisdiction because of the
constitutional requirement that “every bill shall embrace only one subject who shall be expressed in the
title thereof. “
• The constitutional injunction makes the title an indispensable part of a statute.

When resort to title is not authorized, the text of the statute is clear and free from doubt, it is improper to
resort to its title to make it obscure.
The title may be resorted to in order to remove, but not to create doubt.

Preamble is a part of the statute written immediately after its title, which states the purpose, reason for the
enactment of the law. It is Usually express in whereas clauses. Moreover, it is generally omitted in statutes
passed by the Phil. Commission, Phil. Legislature, National Assembly, Congress of the Philippines, and the
Batasang Pambansa as these legislative bodies use the explanatory note to explain the reasons for the
enactment of statutes. It is also used extensively if Presidential decrees are issued by the President in the
exercise of his legislative power. When the meaning of a statute is clear and unambiguous, the preamble can
neither expand nor restrict its operation, much less prevail over its text. Nor can be used as basis for giving a
statute a meaning. When the statute is ambiguous, the preamble can be resorted to clarify the ambiguity.
Preamble is the key of the statute, to open the minds of the lawmakers as to the purpose is achieved, the
mischief to be remedied, and the object to be accomplished, by the provisions of the legislature.
Furthermore, it may decide the proper construction to be given to the statute as well as restrict to what
otherwise appears to be a broad scope of law. In addition, it may express the legislative intent to make the
law apply retroactively in which case the law has to be given retroactive effect. To ascertain legislative intent
is the statute itself taken as a whole and in relation to one another considering the whole context of the
statute and not from an isolated part of the provision, the meaning dictated by the context prevails.
Moreover, every section, provision, or clause of the statute must be expounded by reference to each other in
order to arrive at the effect contemplated by the legislature.

When it comes to punctuation marks, a 1) semi- colon is used to indicate a separation in the relation of the
thought, what follows must have a relation to the same matter it precedes it; 2) Comma and semi- colon are
use for the same purpose to divide sentences, but the semi – colon makes the division a little more
pronounce. Both are not used to introduce a new idea. Punctuation marks are aids of low degree and can
never control against the intelligible meaning of written words thus, an ambiguity of a statute which may be
partially or wholly solved by a punctuation mark may be considered in the construction of a statute. The
qualifying effect of a word or phrase may be confined to its last antecedent if the latter is separated by a
comma from the other antecedents. Thus, an argument based on punctuation is not persuasive.

Headnotes or epigraphs are Secondary aids that are prefixed to sections, or chapters of a statute for ready
reference or classification. They are not entitled too much weight, and inferences drawn there from are of
little value and they can never control the plain terms of the enacting clauses, for they are not part of the law.
The provisions of each article are controlling upon the subject thereof and operate as a general rule for
settling such questions as are embraced therein. When the text of a statute is clear and unambiguous, there is
neither necessity nor propriety to resort to the headings or epigraphs of a section for interpretation of the text,
especially when they are mere reference aids indicating the general nature of the text that follows.

In Lingual Texts, unless provided, where a statute is promulgated in English and Spanish, English shall
govern but in case of ambiguity, Spanish may be consulted to explain the English text. A statute is officially
promulgated in Spanish or in English, or in Filipino
“In the interpretation of a law or administrative issuance promulgated in all the official languages, the
English text shall control, unless otherwise provided.

The intent or spirit of law is the law itself. It is the controlling factor, leading star and guiding light in the
application and interpretation of a statute. Furthermore, a statute must be according to its spirit or intent as
the courts cannot assume an intent in no way expressed and then construe the statute to accomplish the
supposed intention; otherwise they would pass beyond the bounds of judicial power to usurp legislative
power.

The Policy of Law should be given effect by the judiciary. One way to accomplish this mandate is to give a
statute of doubtful meaning, a construction that will promote public policy.

The purpose of law or mischief to be suppressed is intended to be removed or suppressed and the causes
which induced the enactment of the law are important factors to be considered in this construction.
Consequently, it must be read in such a way as to give effect to the purpose projected in the statute. The
purpose of the general rule is not determinative of the proper construction to be given to the exceptions
therefore, the purpose of statute is more important than the rules of grammar and logic in ascertaining the
meaning

Dictionaries generally define words in their natural plain and ordinary acceptance and significance as a
statute does not define words or phrases used.

Consequences of various constructions

• Are inquired as an additional aid to interpretation.
• A construction of a statute should be rejected that will cause injustice and hardship, result in absurdity,
defeat legislative intent or spirit, preclude accomplishment of legislative purpose or object, render certain
words or phrases a surplusage, nullify the statute or make any of its provisions nugatory.
Presumptions
• Based on logic, experience, and common sense, and in the
absence of compelling reasons to the contrary, doubts as to the proper and correct construction of a statute
will be resolved in favor of that construction which is in accord with the presumption on the matter.
o Constitutionality of a statute o Completeness
o Prospective operation
o Right and justice
o Effective, sensible, beneficial and reasonable operation as a whole
o Against inconsistency and implied repeal
  unnecessary changes in law
  impossibility
  absurdity
  injustice and hardship
  inconvenience
  ineffectiveness
IV. Ordinary Sense Vs. Technical Sense

Ordinary - rule is a principle of statutory interpretation that when a word is not defined in a statute or other
legal instrument, the court normally construes it in accordance with its ordinary or natural meaning.

Technical - based on or marked by a strict or legal interpretation; words that do not of themselves denote
that they are, used in a technical sense, are to have their plain, popular, obvious and natural meaning

V. Self-Executing Vs. Non Self-Executing

A constitutional provision is self-executing when it can be given effect without the aid of legislation, and
there is nothing to indicate that the legislation is intended to make it operative.

Whereareas, they are not self-executing if they are merely set forth a lone of policy or principles without
supplying the mean by which they are to be effectuated, or if the language of the constitution is directed to
the legislature. as a result, a constitutional provision that the legislature shall direct by law in what manner
and in what court suits may be brought against the state is not self-executing.

VI. Mandatory Vs. Directory

Statutes are classified into:

1. Mandatory Statutes
2. Directory Statutes

Importance of classification: To classify what effect is to be given to the mandate of the statutes.

Directory Statutes - is a statute, which operates to confer discretion upon a person, namely to act according
to the dictates of their own judgment and conscience and not controlled by the judgment of others.

Examples: Memorandum Circular, Memorandum Orders, etc

Mandatory Statute
- is a statute, which contains word of command or prohibition, to which a person has no choice but to obey.
Examples: Republic Acts, The Philippine Constitution, Executive Order, Presidential Decree, etc.

Effects of Mandatory Statutes

VOID = executed against Mandatory and Prohibitory statutes. NO power to distinguish material and
immaterial breach
to comply with what it requires.

Effect of Directory Statutes

Non Performance will not impair the proceedings therein taken.

• There is no absolute rule to distinguish whether statute is mandatory or directory.

In determination; ascertain the legislative effect

Mandatory Statutes are statutes conferring power. They are Generally regarded as mandatory although
couched in a permissive form. It should construe as imposing absolute and positive duty rather than
conferring privileges. Power is given for the benefit of third persons, not for the public official granted to
meet the demands of rights, and to prevent a failure of justice and given as a remedy to those entitled to
invoke its aid. It is a statute, which contains word of command or prohibition, to which a person has no
choice but to obey.
Examples of Statutes considered Mandatory:

1. Statutes granting benefits - Failure of the person to take the required steps or to meet the conditions
will ordinarily preclude him from availing of the statutory benefits
2. Statutes prescribing jurisdictional requirements - Requirement of publication o Provision in the Tax
Code to the effect that before an action for refund of tax is filed in court, a written claim therefore shall
be presented with the CIR within the prescribed period is mandatory and failure to comply with such
requirement is fatal to the action
3. Statutes prescribing time to take action or to appeal - Held as absolutely indispensable to the
prevention of needless delays and to the orderly and speedy discharge or business, and are necessary
incident to the proper, efficient, and orderly discharge of judicial functions
4. Statutes prescribing procedural requirements - Where failure to comply with certain procedural
requirements will have the effect of rendering the act done in connection therewith void, the statute
prescribing such requirements is regarded as mandatory even though the language is used therein is
permissive in nature
5. Election laws on conduct of election- Before election is mandatory but after election is directory, in
support of the result unless of a character to affect an obstruction to the free and intelligent casting of the
votes, or to the ascertainment of the result, or unless it is expressly declared by the statute that the
particular act is essential to the validity of an election, or that its omission shall render it void
6. Election laws on qualification and disqualification - The rule of “before-mandatory and after-
directory” in election laws only applies to procedural statutes; It is not applicable to provisions of the
election laws prescribing the time limit to file certificate of candidacy and the qualifications and
disqualifications of elective office – considered mandatory even after election
7. Statutes prescribing qualifications for office - Eligibility to a public office is of a continuing nature
and must exist at the commencement of the term and during the occupancy of the office but those
designed merely for the information or direction of officers or to secure methodical and systematic
modes of proceedings are Directory
8. Statutes concerning public auction sale - Construed mandatory, procedural steps must be strictly
followed, otherwise, void.

Directory Statutes prescribe guidance for officers. They are regulations designed to secure order, system,
and dispatch in proceedings, and by a disregard of which the rights of parties interested may not be
injuriously affected unless accompanied by negative words importing that the acts required shall not be done
in any other manner or time than that designated

Unless:

Intention to the contrary is manifest

- time is of the essence of the thing to be done
- language of the statute contains negative words
- designation of the time was intended as a limitation of power, authority or right
- always look at intent to ascertain whether to give the statute a mandatory or directory construction
- less injury results to the general public by disregarding than enforcing the letter of the law and that judges
would otherwise abstain from rendering decisions after the period to render them had lapsed because they
lacked jurisdiction to do so

Instances:
When required by context or by intention of the legislature or when no public benefit or private rights
requires that it be given an imperative meaning
Statutes concerning public auction sale

VI. Prospective Vs. Retroactive Statutes

IN GENERAL
• Prospective – Operates upon facts or transactions that occur after the statute takes effect o looks and applies
to the future.

• Retroactive – Law which creates a new obligation, imposes a new duty or attaches a new disability in
respect to a transaction already past. A statute is not made retroactive because it draws on antecedent facts
for its operation, or part of the requirements for its action and application is drawn from a time antedating its
passage.

PROSPECTIVE
• Penal laws operate prospectively.
• Art. 21 of the RPC provides that “no felony shall be punishable by any penalty not prescribed by law prior
to its commission.
• Provision is recognition to the universally accepted principle that no penal law can have a retroactive effect,
no act or omission shall be held to be a crime, nor its author punished, except by virtue of a law in force at
the time the act was committed.
• Nullum crimen sine poena, nulla poena sine legis – there is no crime without a penalty, there is no penalty
without a law.

Ex post facto law

• Constitution provides that no ex post facto law shall be enacted. It also prohibits the retroactive application
of penal laws which are in the nature of ex post facto laws.
• Ex post facto laws makes criminal an act done before the passage of the law and which was innocent when
done, and punishes such act o Law which aggravates a crime, makes it greater than it was, when committed o
Law which changes the punishment & inflicts a greater punishment than that annexed to the crime when
committed o Law which alters the legal rules of evidence, authorizes conviction upon less or different
testimony than the law required at the time of the commission of the offense o Law which assumes to
regulate civil rights and remedies only, but in effect imposes penalty or deprivation of a right for something
which when done was lawful o Law which deprives a person accused of a crime of some lawful protection to
which he has become entitled, such as protection of a former conviction or acquittal, or proclamation of
amnesty.

RETROACTIVE
Procedural laws
• The general law is that the law has no retroactive effect.
• Exceptions:
o procedural laws o curative laws, which are given retroactive operation

• Procedural laws
o adjective laws which prescribe rules and forms of procedure of enforcing rights or obtaining redress for
their invasion o they refer to rules of procedure by which courts applying laws of all kinds can properly
administer injustice o they include rules of pleadings, practice and evidence
o Applied to criminal law, they provide or regulate the steps by which one who commits a crime is to be
punished.
o Remedial statutes or statutes relating to modes of procedure- which do not create new or take away vested
rights, but only operate infurtherance of the remedy or confirmation of the rights already existing, do not
come within the legal conception of a retroactive law, or the general rule against the retroactive operation of
statutes.
o A new statute which deals with procedure only is presumptively applicable to all actions – those which
have accrued or are pending. o Statutes regulating the procedure of the courts will be construed as applicable
to actions pending and undetermined at the time of their passage.

The retroactive application of procedural laws is not:

o violative of any right of a person who may feel that he is adversely affected; o nor constitutionally
objectionable.
• Rationale: no vested right may attach to, nor arise from, procedural laws.
• A person has no vested right in any particular remedy, and a litigant cannot insist on the application to the
trial of his case, whether civil or criminal, of any other than the existing rules of procedure
 Chapter II - Introduction to Judicial Review

I. Basis, Extent and Limitations

Article VIII Sec. 1 of the 1987 Constitution - “The Judicial Power shall be vested in one Supreme Court and
in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the Government.”

Requisites for exercise of judicial power

The court does not pass upon the constitutionality of a statute at any time it is requested by any person and
for any purpose. Before the court may resolve the question of constitutionality of a statute, the following
requisites should, as a rule, be present 1) the existence of an appropriate case, 2) an interest personal and
substantial by the party raising the constitutional question,3)the plea that the function be exercised at the
earliest opportunity; and 4) the necessity that the constitutional question be passed upon in order to decide
the case.

II. Requisites for Judicial Review

1) Existence of an actual case or controversy calling for the exercise of judicial power

2) The person challenging thee act must have “standing” to challenge; he must have a personal and
substantial interest in the case such that he has sustained, or will sustain, direct injury as a result
of its enforcement

Locus standi - or legal standing or has been defined as a personal and substantial interest in the case such that
the party has sustained or will sustain direct injury as a result of the governmental act that is being
challenged.

Justiciability - concerns the limits upon legal issues over which a court can exercise its judicial authority. It
includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing
the suit is a party appropriate to establishing whether an actual adversarial issue exists.

Lis Mota - is a well-settled maxim of adjudication that an issue assailing the constitutionality of a
governmental act should be avoided whenever possible.

3) The question of constitutionality must be raised at the earliest possible opportunity

4) The issue of constitutionality must be the very lis mota of the case