CHAPTER ONE: Statutes Congress legislative power

• The determination of the legislative policy and its formulation

IN GENERAL and promulgation as a defined and binding rule of conduct.
• Legislative power - plenary except only to such limitations as
Laws, generally are found in the constitution
• A whole body or system of law
• Rule of conduct formulated and made obligatory by legitimate Procedural requirements, generally
power of the state • Provided in the constitution (for Bills, RA)
• Includes RA, PD, EO (president in the ex of legislative power), • Provided by congress – enactment of laws
Presidential issuances (ordinance power) Jurisprudence, ♣ Rules of both houses of congress (provided also by the
ordinances passed by sanggunians of local government Constitution)
units. Passage of bill
• Proposed legislative measure introduced by a member of
Statutes, generally congress for enactment into law
• An act of legislature (Philippine Commission, Phil. Legislature, • Shall embrace only one subject which shall be expressed in the
Batasang Pambansa, Congress) title
• PD’s of Marcos during the period of martial law 1973 • Singed by authors
Constitution • File with the Secretary of the House
• EO of Aquino revolutionary period Freedom Constitution • Bills may originate from either lower or upper House •
Exclusive to lower house
♣ Public – affects the public at large ♣ Appropriation
• general – applies to the whole state and operates
♣ Revenue/ tariff bills
throughout the state alike upon all people or all of
a class. ♣ Bills authorizing increase of public debt
• Special – relates to particular person or things of a ♣ Bills of local application
class or to a particular community, individual or ♣ Private bills
thing. • After 3 readings, approval of either house (see Art 6 Sec 26 (1))
• Local Law – operation is confined to a specific place • Secretary reports the bill for first reading
or locality (e.g municipal ordinance) • First reading – reading the number and title, referral to the
♣ Private – applies only to a specific person orsubject. appropriate committee for study and recommendation •
Committee – hold public hearings and submits report and
Permanent and temporary statutes recommendation for calendar for second
• Permanent - one whose operation is not limited in duration but reading
continues until repealed. • Second reading – bill is read in full (with amendments proposed
• Temporary - duration is for a limited period of time fixed in the by the committee) – unless copies are distributed and such
statute itself or whose life ceases upon the happening of an reading is dispensed with
event. o Bill will be subject to debates, motions and
o E.g. statute answering to an emergency amendments
o Bill will be voted on
Other classes of statutes o A bill approved shall be included in the calendar of
• Prospective or retroactive – accdg. to application • Declaratory, bills for 3rd reading
curative, mandatory, directory, substantive, remedial, penal – • Third reading – bill approved on 2nd reading will be submitted
accdg. to operation for final vote by yeas and nays,
• According to form
o Affirmative
• Bill approved on the 3rd reading will be transmitted to the
“Other House” for concurrence (same process as the first
o Negative passage)
o If the “Other House” approves without amendment it
Manner of referring to statutes is passed to the President
• Public Acts – Phil Commission and Phil Legislature 1901- 1935 o If the “Other House” introduces amendments, and
• Commonwealth Acts – 1936- 1946 disagreement arises, differences will be settled by
• Republic Acts – Congress 1946- 1972, 1987 ~ the Conference Committees of both houses
• Batas Pambansa – Batasang Pambansa o Report and recommendation of the 2 Conference
• Identification of laws – serial number and/or title Committees will have to be approved by both
houses in order to be considered pass
• President
o Approves and signs
o Vetoes (within 30 days after receipt)
ENACTMENT OF STATUTES
o Inaction
• If the President vetoes – send back to the House where it
Legislative power, generally
originated with recommendation
• Power to make, alter and repeal laws
o 2/3 of all members approves, it will be sent to the
• Vested in congress – 1987 Constitution
other house for approval
• President – 1973 & Freedom (PD and EO respectively) •
o 2/3 of the other house approves – it shall become a
Sangguniang barangay, bayan, panglungsod, panlalawigan – only
law
within respective jurisdiction – ordinances
o If president did not act on the bill with in 30 days
• Administrative or executive officer
after receipt, bill becomes a law
• Delegated power
• Summary : 3 ways of how a bill becomes a law.
• Issue rules and regulations to implement a specific
law ♣ President signs
 ♣ inaction of president with in 30 days after receipt ♣ vetoed PARTS OF STATUTES
bill is repassed by congress by 2/3 votes of all its members,
each house voting separately. Title of statute
• Mandatory law - Every bill passed by Congress shall embrace
Appropriations and revenue bills only one subject which shall be expressed in the title thereof
• Same as procedure for the enactment of ordinary bills • Only (Art 6, Sec 26 (1) 1987 Constitution)
difference is that they can only originate from the Lower House • 2 limitations upon legislation
but the Senate may propose/ concur with the amendments o To refrain from conglomeration, under one statute, of
• Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) o heterogeneous subjects
congress may not increase the appropriation recommended by the o Title of the bill should be couched in a language
President XXX sufficient to notify the legislators and the public
o particular appropriation limited and those concerned of the import of the single
o procedure for Congress is the same to all other subject.
department/ agencies (procedure for approving
appropriations ) Purposes of requirement (on 1 subject)
o special appropriations – national treasurer/ revenue • Principal purpose: to apprise the legislators of the object,
proposal nature, and scope of the provision of the bill and to prevent
o no transfer of appropriations xxx authority to the enactment into law of matters which have not received
augment the notice, action and study of the legislators.
o discretionary funds – for public purposes o To prohibit duplicity in legislation
o general appropriations bills – when re-enacted • In sum of the purpose
o To prevent hodgepodge/ log-rolling legislation
o President my veto any particular item/s in an
appropriation revenue, or tariff bill. o To prevent surprise or fraud upon the legislature
o To fairly apprise the people, through publication of
Authentication of bills the subjects of the legislation
• Before passed to the President o Used as a guide in ascertaining legislative intent
• Indispensable when the language of the act does not clearly
• By signing of Speaker and Senate President express its purpose; may clarify doubt or
ambiguity.
•

Unimpeachability of legislative journals How requirement construed

• Journal of proceedings • Liberally construed
• Conclusive with respect to other matters that are required by the • If there is doubt, it should be resolved against the doubt and in
Constitution favor of the constitutionality of the statute
• Disputable with respect to all other matters
When there is compliance with requirement
• By reason of public policy, authenticity of laws should rest
• Comprehensive enough - Include general object
upon public memorials of the most permanent character • Should
• If all parts of the law are related, and are germane to the subject
be public
matter expressed in the title
Enrolled bill • Title is valid where it indicates in broad but clear terms, the
• Bills passed by congress authenticated by the Speaker and the nature, scope and consequences of the law and its operations •
Senate President and approved by the President Title should not be a catalogue or index of the bill • Principles
• Importing absolute verity and is binding on the courts o It apply to titles of amendatory acts.
carries on its face a solemn assurance that it was passed by the o Enough if it states “an act to amend a specific statute”
assembly by the legislative and • Need not state the precise nature of the amendatory
executive departments. act.
• Courts cannot go behind the enrolled act to discover what really • US Legislators have titles ending with the words “and for other
happened purposes” ( US is not subject to the same Constitutional
restriction as that embodied in the Philippine Constitution)
o If only for respect to the legislative and executive
When requirement not applicable
departments
• Apply only to bills which may thereafter be enacted into law •
• Thus, if there has been any mistake in the printing of the bill
Does not apply to laws in force and existing at the time the 1935
before it was certified by the officer of the assembly and
approved by the Chief Executive, the remedy is by Constitution took effect.
amendment by enacting a curative legislation not by judicial • No application to municipal or city ordinances.
decree.
• Enrolled bill and legislative journals - Conclusive upon the Effect of insufficiency of title
courts • Statute is null and void
• If there is discrepancy between enrolled bill and journal, • Where, the subject matter of a statute is not sufficiently
enrolled bill prevails. expressed in its title, only so much of the subject matter as is
not expressed therein is void, leaving the rest in force, unless
Withdrawal of authentication, effect of the invalid provisions are inseparable from the others, in
• Speaker and Senate President may withdraw if there is which case the nullity the former vitiates the latter
discrepancy between the text of the bill as deliberated and
the enrolled bill. Enacting clause
• Effect: • Written immediately after the title
o Nullifies the bill as enrolled • States the authority by which the act is enacted
o Losses absolute verity
o Courts may consult journals ϑ
• #1 - Phil Commission – “ By authority of the President of the
 US, be it enacted by the US Philippine Commission” • that part which tells what the law is about
• #2 - Philippine Legislature- “ by authority of the US, be it • MC
enacted by the Philippine Legislature” o acts of the president on matters relating to internal
• #3 - When #2 became bicameral: “Be it enacted by the Senate administration which the President desires to bring
and House of Representatives of the Philippines in to the attention of all or some of the departments,
legislature assembled and by authority of the same” agencies, bureaus, or offices of the government,
• #4 - Commonwealth- “Be it enacted by the National Assembly for information of compliance
of the Philippines • body of statute should embrace only one subject should only one
• #5 – when #4 became bicameral: “be it enacted by the Senate subject matter, even there provisions should be allied and
and House of Representatives in congress assembled” – germane to the subject and purpose of the bill.
same 1946-1972/1987-present. • Statue is usually divided into section. w/c contains a single
• #6 – Batasang Pambansa: “Be it enacted by the Batasang proposition.
Pambansa in session assembled” • Parts
• #7 – PD “ NOW THEREFORE, I ______ President of the o short title
Philippines, by the powers vested in me by the Constitution o policy section
do hereby decree as follows”
o definition section
• #8 – EO “Now, therefore, I, ____ hereby order”
o administrative section
Separability clause
• it states that if any provision of the act is declared invalid, the o sections prescribing standards of conduct
remainder shall not be affected thereby. o sections imposing sanctions for violation of its
• It is not controlling and the courts may invalidate the whole provisions
statute where what is left, after the void part, is not complete o transitory provision
and workable o separability clause
• Presumption – statute is effective as a whole o effectivity clause
• its effect: to create in the place of such presumption the opposite • General or Specific Order
of separability. o Acts and commands of the President in his capacity as
Commander-in-Chief of the AFP
PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
Supreme Court circulars; rules and regulations
Presidential issuances • See Art 8, Sec. 5(5) 1987 Constitution
• are those which the president issues in the exercise of ordinance • See Art. 6, Sec. 30 1987 Constitution
power. • It has been held that a law which provides that a decision of a
• i.e. EO, AO (administrative orders), proclamations, MO quasi-judicial body be appealable directly to the SC, if enacted
(memorandum orders), MC (memorandum circulars), and without the advice and concurrence of the SC, ineffective
general or special orders. o Remedy or applicable procedure – go to CA
• Have force and effect of laws. • Rules of Court – product of the rule-making power of the SC o
• EO Power to repeal procedural rules
o acts of the President providing for rules of a general o No power to promulgate rules substantive in nature
or permanent character in the (unlike the legislative department)
implementation or execution of constitutional/
• Substantive rules – if it affects or takes away vested rights; right to
statutory powers. appeal
o do not have the force and effect of laws enacted by • Procedural rules – means of implementing existing right; where to
congress file an appeal for transferring the venue
o different from EO issued by the President in the ex of • Rules and regulations issued by the administrative or executive
her legislative power during the revolution officers in accordance with and authorized by law, have the
Presidential decree under the freedom constitution force and effect of law
• AO o Requisites for validity
o acts of the President which relate to particular aspects ♣ Rules should be germane to the objects
of governmental operations in pursuance of and purposes of the law
his duties as administrative head ♣ Regulations be not in contradiction with,
• Proclamations but conform to, the standards that the
o acts of the President fixing a date or declaring a law prescribes
statute or condition of public moment or interest, ♣ The be for the sole purpose of carrying
upon the existence of which the operation of a into effect the general provisions of the
specific law or regulation is made to depend law
Preamble • MO • Defined – prefatory statement or explanation or a finding o Law cannot be restricted or extended
of o Law prevails over regulations, if there are discrepancies
facts, reciting the purpose, reason, or occasion for making • Rule-making power of public administrative agency is a delegated
the law to which it is prefixed” legislative power – if it enlarges or restricts such statute is
• Found after enacting clause and before the body of the law. invalid
• Requisites for delegating a statute by legislative branch to another
o acts of the President on matters of administrative details or of branch of government to fill in details, execution, enforcement,
subordinate or temporary interest which only concern a particular officer or administration of law…. the law must be: o Complete in
or office of government itself
• Usually not used by legislations because content of the preamble o Fix a standard which may be express or implied ♣
is written in the explanatory note. Example of “standard” – simplicity and
• But PDs and EOs have preambles. dignity; public interest; public welfare;
interest of law and order; justice and
Purview of statute
 equity and substantial merit of the case; o Within 30 days may invalidate in whole or in part and
its action is final; if there’s inaction within 30
City ordinance days, it is deemed valid
• Vested in Sangguniang panglungsod • Courts cannot inquire into the wisdom or propriety of laws • To
• Majority of the quorum voting, ordinance is passed • declare a law unconstitutional, the repugnancy of the law to the
Submitted to Mayor within 10 days constitution must be clear and unequivocal
o Approve • All reasonable doubts should be resolved in favor of the
o Veto – 2/3 of all members – approved constitutionality of law; to doubt is to sustain
o Inaction – deemed approved • Final arbiter of unconstitutionality of law is the Supreme Court
• If city or component city – submit to Sangguniang panlalawigan EN BANC (majority who took part and voted thereon) •
for review which shall take action within 30 days, otherwise, it Nonetheless, trial courts have jurisdiction to initially decide the
will be deemed valid issue of constitutionality of a law in appropriate cases

Provincial ordinance Requisites for exercise of judicial power

• Sangguniang panlalawigan – majority of quorum voting, passage • The existence of an appropriate case
of ordinance • Interest personal and substantial by the party raising the
• Forwarded to the Governor who within 15 days from receipt shall constitutional question
o Approve • Plea that the function be exercised at the earliest opportunity •
o Veto – 2/3 of all members – approved Necessity that the constitutional question be passed upon in order
to decide the case
o Inaction – deemed approved
Appropriate case
VALIDITY • Bona fide case – one which raises a justiciable controversy •
Judicial power is limited only to real, actual, earnest, and vital
Presumption of constitutionality controversy
• Every statute is presumed valid • Controversy is justiciable when it refers to matter which is
o Lies on how a law is enacted appropriate for court review; pertains to issues which are
o Due respect to the legislative who passed and executive inherently susceptible of being decided on grounds
who approved recognized by law
• Courts cannot rule on “political questions” – questions which
are concerned with issues dependent upon the wisdom (v.
• Example: legality) of a particular act or measure being assailed
o “separation of powers”
adequate and efficient instructiono Responsibility of upholding the
o However, Constitution expands the concept of
constitution rests
judicial review – judicial power includes the duty
of the courts of justice to settle actual controversies
not on the courts alone but on the legislative and
involving rights which are legally demandable and
executive branches as well
enforceable and to determine whether or not there
o Change of “and/or” to “or” – invalid
has been GAD amounting to lack or excess of
o Change of “may”(permissive) to “shall” (mandatory) jurisdiction on the branch or the part of any
– invalid (Grego v COMELEC pp 22) branch/ instrumentality of the Government
Administrative rule and interpretation distinguished Standing to sue
• Rule – “makes” new law with the force and effect of a valid • Legal standing or locus standi – personal/ substantial interest in
law; binding on the courts even if they are not in agreement the case such that the party has sustained or will sustain
with the policy stated therein or with its innate wisdom direct injury as a result of governmental act that is being
• Interpretation – merely advisory for it is the courts that finally challenged
determine what the law means • “interest” – an interest in issue affected by the decree • Citizen –
• Administrative construction is not necessarily binding upon the acquires standing only if he can establish that he has suffered
courts; it may be set aside by judicial department (if there is some actual or threatened concrete injury as a result of the
an error of law, or abuse of power or lack of jurisdiction or allegedly illegal conduct of the government o E.g. taxpayer –
GAD – grave abuse of discretion)
when it is shown that public funds have been illegally disbursed
• Member of the Senate or of the House has legal standing to
Barangay ordinance question the validity of the Presidential veto or a condition
• Sangguniang barangay – smallest legislative body; may pass an imposed on an item in an appropriations bills
ordinance by majority of all its members; subject to review
• SC may, in its discretion, take cognizance of a suit which does
by Sangguniang bayan/ panglungsod
not satisfy the requirement of legal standing
• Sangguniang bayan/ panglungsod – take action on the ordinance
o E.g. calling by the President for the deployment of the
within 30 days from submission; if there’s inaction, it is
presumed to be consistent with the municipal or city Philippine Marines to join the PNP in visibility
ordinance; if inconsistency is found, it will remand to the patrols around the metro
Sangguniang barangay
Municipal ordinance When to raise constitutionality
• Lodged in the Sangguniang bayan • xxx at the earliest possible opportunity – i.e. in the pleading • it
may be raised in a motion for reconsideration / new trial in the
• Majority of the quorum voting, ordinance is passed • Ordinance
lower court; or
sent to Mayor within 10 days for approval or veto; if there’s
mayor’s inaction, ordinance is presumed approved; if vetoed and • in criminal cases – at any stage of the proceedings or on appeal
overridden by 2/3 of all members, ordinance is approved • in civil cases, where it appears clearly that a determination of
• Approved ordinance is passed to Sangguniang panlalawigan for the question is necessary to a decision, and in cases where it
review involves the jurisdiction of the court below
Necessity of deciding constitutionality EFFECT AND OPERATION
• where the constitutional question is of paramount public interest
and time is of the essence in the resolution of such question, When laws take effect
adherence to the strict procedural standard may be relaxed • Art 2 CC - “xxx laws to be effective must be published either in
and the court, in its discretion, may squarely decide the case the Official Gazette or in a newspaper of general circulation
• where the question of validity, though apparently has become in the country”
moot, has become of paramount interest and there is o The effectivity provision refers to all statutes,
undeniable necessity for a ruling, strong reasons of public including those local and private, unless there are
policy may demand that its constitutionality be resolved special laws providing a different effectivity
mechanism for particular statutes
Test of constitutionality • Sec 18 Chapter 5 Book 1 of Administrative Code •
• … is what the Constitution provides in relation to what can or Effectivity of laws
may be done under the statute, and not by what it has been o default rule – 15-day period
done under it.
o must be published either in the OG or newspaper of
o If not within the legislative power to enact general circulation in the country; publication
o If vague – unconstitutional in 2 respects must be full
♣ Violates due process • The clause “unless it is otherwise provided” – solely refers to
♣ Leaves law enforcers unbridled the 15-day period and not to the requirement of publication
discretion in carrying out its provisions
o Where there’s a change of circumstances – i.e. When Presidential issuances, rules and regulations take effect • The
emergency laws President’s ordinance power includes the authority to issue EO,
• Ordinances (test of validity are): AO, Proclamations, MO, MC and general or specific orders
o It must not contravene the Constitution or any statute • Requirement of publication applies except if it is merely
o It must not be unfair or oppressive interpretative or internal in nature not concerning the public • 2
o It must not be partial or discriminatory types:
o It must not prohibit but may regulate trade o Those whose purpose is to enforce or implement
existing law pursuant to a valid delegation or to fill
o It must be general and consistent with public policy
in the details of a statute; requires publication
o It must not be unreasonable
o Those which are merely interpretative in nature or
Effects of unconstitutionality
internal; does not require publication
• It confers no rights
• Requirements of filing (1987 Administrative Code): o Every
• Imposes no duties
agency shall file with the UP Law Center 3 certified copies of
• Affords no protection
every rule adopted by it. Rules
• Creates no office in force on the date of effectivity of this Code
• In general, inoperative as if it had never been passed • which are not filed within 3 months from that date
2 views: shall not thereafter be the basis of any sanction
o Orthodox view – unconstitutional act is not a law; against any party/ persons
decision affect ALL
o Modern view – less stringent; the court in passing
upon the question of unconstitutionality does not When local ordinance takes effect
annul or repeal the statute if it finds it in conflict • Unless otherwise stated, the same shall take effect 10 days from
with the Constitution; decisions affects parties the date a copy is posted in a bulletin board at the entrance of
ONLY and no judgment against the statute; the provincial capitol or city, municipality or barangay hall,
opinion of court may operate as a precedent; it AND in at least 2 other conspicuous places in the local
does not repeal, supersede, revoke, or annul the government unit concerned
statute • The secretary to the Sangguinian concerned shall cause the
posting not later than 5 days after approval; text will be
Invalidity due to change of conditions disseminated in English or Tagalog; the secretary to the
• Emergency laws Sangguinian concerned shall record such fact in a book kept
• It is deemed valid at the time of its enactment as an exercise of for that purpose, stating the dates of approval and posting
police power
• It becomes invalid only because the change of conditions makes
its continued operation violative of the Constitution, and CHAPTER TWO: Construction and
accordingly, the declaration of its nullity should only affect
the parties involved in the case and its effects applied Interpretation NATURE AND PURPOSE
prospectively
Construction defined
Partial invalidity • Construction is the art or process of discovering and expounding
• General rule: that where part of a statute is void as repugnant to the meaning and intention of the authors of the law, where
the Constitution, while another part is valid, the valid that intention rendered doubtfully reason of ambiguity in its
portion, if separable from the invalid, may stand and be language or of the fact that the given case is not explicitly
enforced provided for in the law.
• Construction is drawing of warranted conclusions beyond direct
• Exception – that when parts of a statute are so mutually expression of the text expressions which are in spirit though
dependent and connected, as conditions, considerations, not within the text.
inducements, or compensations for each other, as to warrant • xxx inevitably, there enters into the construction of statutes the
a belief that the legislature intended them as a whole, the play of JUDICIAL JUDGMENT within the limits of the
nullity of one part will vitiate the rest – such as in the case of relevant legislative materials
Tatad v Sec of Department of Energy and Antonio v.
COMELEC • it involves the EXERCISE OF CHOICE BY THE JUDICIARY
 Construction and interpretation distinguished Construction Interpretation
• They are so alike in practical results and so are used
interchangeably; synonymous.
• Gist of ordinance with penal sanctions shall be • For highly urbanized and independent litigation
published in a newspaper of general circulation component cities, main features of the ordinance,
within the respective province concerned; if NO in addition to the posting
newspaper of general circulation in the province, Rules of construction, generally
POSTING shall be made in all municipalities and - process of drawing warranted conclusions not
- art of finding the true meaning and sense of any
cities of the province where the Sanggunian of always included in direct expressions, or
determining the application of words to facts in form of words
origin is situated

requirement shall be published once in a local newspaper. In consistent with the strict letter of the statute. It has been held,
the absence of local newspaper, in any newspaper of general however, that that the ascertainment of legislative intent
circulation depend more on a determination of the purpose and object of
o Highly urbanized city – minimum population of the law.
200,000 and with latest annual income of at least • Intent is sometimes equated with the word “spirit.” • While the
50M Php terms purpose, meaning, intent, and spirit are oftentimes
interchangeably used by the courts, not entirely synonymous
Statutes continue in force until repealed
• Permanent/ indefinite – law once established continues until Legislative purpose
changed by competent legislative power. It is not changed • A legislative purpose is the reason why a particular statute was
by the change of sovereignty, except that of political nature enacted by legislature.
• Temporary – in force only for a limited period, and they • Legislation “is an active instrument and government which, for
terminate upon expiration of the term stated or upon the purpose of interpretation means that laws have ends to be
occurrence of certain events; no repealing statute is needed achieved”

Territorial and personal effect of statutes Legislative meaning

• All people within the jurisdiction of the Philippines • Legislative meaning is what the law, by its language, means. •
What it comprehends;
Manner of computing time • What it covers or embraces;
• See Art. 13 CC • What its limits or confines are.
• Where a statute requires the doing of an act within a specified • Intent and Meaning – synonymous
number of days, such as ten days from notice, it means ten • If there is ambiguity in the language used in a statute, its
calendar days and NOT ten working days purpose may indicate the meaning of the language and lead
• E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947 to what the legislative intent is
• If last day falls on a Sunday or holiday, the act can still be done
the following day Graphical illustration –
• Principle of “exclude the first, include the last” DOES NOT
APPLY to the computation of the period of prescription of a Federation of Free Farmers v CA.
crime, in which rule, is that if the last day in the period of • RA No. 809 Sec. 1 – “In absence of a written milling
prescription of a felony falls on a Sunday or legal holiday, agreements between the majority of the planters and the
the information concerning said felony cannot be filed on the millers, the unrefined sugar as well as all by-products shall
next working day, as the offense has by then already be divided between them”
prescribed • RA 809 Sec. 9 – “The proceeds of any increase in participation
• Rules of statutory construction are tools used to ascertain granted by the planters under this act and above their present
legislative intent. share shall be divided between the planter and his laborer in
• NOT rules of law but mere axioms of experience • In enacting a the proportion of 60% laborer and 40% planter”
statute, the legislature is presumed to know the rules of statutory • To give literal import in interpreting the two section will defeat
construction, in case of doubt, be construed in accordance with the purpose of the Act
the settled principles of interpretation. • Legislature sometimes • The purpose:
adopts rules of statutory construction as part of the provisions of o Continuous production of sugar
the statute: - see examples page 49-50 o To grant the laborers a share in the increased
• Legislature also defines to ascertain the meaning of vague, participation of planters in the sugar produce
broad words/ terms • The legislative intent is, thus to make the act operative
irrespective of whether there exists a milling agreement
Purpose of object of construction between central and the sugar planters.
• The purpose is to ascertain and give effect to the intent of the
law. Matters inquired into in construing a statute
• The object of all judicial interpretation of a statute is to • “It is not enough to ascertain the intention of the statute; it is
determine legislative intent, either expressly or impliedly, by also necessary to see whether the intention or meaning has
the language used; to determine the meaning and will of the been expressed in such a way as to give it legal effect or
law making body and discover its true interpretations of law. validity”
• Thus: The object of inquiry is not only to know what the
Legislative intent, generally legislature used sufficiently expresses that meaning. The
• … is the essence of the law legal act is made up of 2 elements:
• Intent is the spirit which gives life to legislative enactment. It o internal – intention
must be enforced when ascertained, although it may not be o external- expression
 • Failure of the latter may defeat the former • Legislative passed RA 590 Sec. 13 – “no salary whenever
received by any public officer of the Republic shall be
considered exempt from the income tax, payment of which is
hereby declared not to be a diminution of his compensation
Where legislative intent is ascertained fixed by the Constitution or by law”
• The primary source of legislative intent is the statute itself. • If • Source of confusion
the statute as a whole fails to indicate the legislative intent • Violative of principle on separation of powers
because of ambiguity, the court may look beyond the statute such • RA 590 Sec 13 – unconstitutional
as: • Art 8 Sec. 9 1935 – repealed by Art. 15 Sec. 6 1973 Constitution
o Legislative history – what was in the legislative mind – “no salary or any form of emolument of any public officer
at the time the statute was enacted; what the or employee, including constitutional officers, shall be
circumstances were; what evil was meant to be exempt from payment of income tax”
redressed • Thus, judiciary is not exempt from payment of tax anymore
o Purpose of the statute – the reason or cause which
induced the enactment of the law, the mischief to When judicial interpretation may be set aside
be suppressed, and the policy which dictated its
passage • “Interpretations may be set aside.” The interpretation of a
o when all these means fail, look into the effect of the statute or a constitutional provision by the courts is not so
sacrosanct as to be beyond modification or nullification.
law.
• The Supreme Court itself may, in an appropriate case change or
♣ If the 3rd means (effect of the law) is first overrule its previous construction.
used, it will be judicial legislation • The rule that the Supreme Court has the final word in the
interpretation or construction of a stature merely means that
POWER TO CONSTRUE the legislature cannot, by law or resolution, modify or annul
the judicial construction without modifying or repealing the
Construction is a judicial function very statute which has been the subject of construction. It
• It is the court that has the final word as to what the law means. can, and it has done so, by amending or repealing the statute,
• It construes laws as it decide cases based on fact and the law the consequence of which is that the previous judicial
involved construction of the statute is modified or set aside
• Laws are interpreted in the context of a peculiar factual situation accordingly.
of each case
• Circumstances of time, place, event, person and particularly When court may construe statute
attendant circumstances and actions before, during and after • “The court may construe or interpret a statute under the
the operative fact have taken their totality so that justice can condition that THERE IS DOUBT OR AMBIGUITY” •
be rationally and fairly dispensed. Ambiguity – a condition of admitting 2 or more meanings.
• Moot and academic – Susceptible of more than one interpretation.
o Purpose has become stale • Only when the law is ambiguous or doubtful of meaning may
o No practical relief can be granted the court interpret or construe its intent.
o Relief has no practical effect
Court may not construe where statute is clear
• General rule (on mootness) – dismiss the case • A statute that is clear and unambiguous is not susceptible of
o Exception: interpretations.
♣ If capable of repetition, yet evading • First and fundamental duty of court – to apply the law •
review Construction – very last function which the court should exercise
♣ Public interest requires its resolution • Law is clear – no room for interpretation, only room for
♣ Rendering decision on the merits would application
be of practical value • Courts cannot enlarge or limit the law if it is clear and free from
ambiguity (even if law is harsh or onerous
Legislative cannot overrule judicial construction • A meaning that does not appear nor is intended or reflected in
• It cannot preclude the courts from giving the statute different the very language of the statute cannot be placed therein by
interpretation construction
• Legislative – enact laws
• Executive- to execute laws Manikan v. Tanodbayan
• Judicial- interpretation and application • Sec. 7 PD 1716-A – “sole police authority” of EPZA officials
• If the legislature may declare what a law means – it will cause may not be construed as an exception to, or limitation on,
confusion…it will be violative of the fundamental principles the authority of the Tanodbayan to investigate complaints
of the constitution of separation powers. for violation of the anti-graft law committed by the EPZA
• Legislative construction is called resolution or declaratory act officials
• EPZA’s power – not exclusive; “sole” refers to police authority
not emplyed to describe other power

Endencia v David Lapid v. CA

• Explains why legislative cannot overrule Supreme Court’s • Issue: whether or not the decision of the Ombudsman imposing
decision a penalty of suspension of one year without pay is
immediately executory
Perfecto v. Meer • Administrative Code and LGC – not suppletory to Ombudsman
• Art. 8 Sec. 9 1935 Constitution – SC’s interpretation: “shall Act
receive such compensation as may be fixed by law, which • These three laws are related or deal with public officers, but are
shall not be diminished during their continuance in office” – totally different statutes
exempt from income tax
• An administrative agency tasked to implement a statute may not
 construe it by expanding its meaning where its provisions • The SC held that the doctrine that should apply is that which
are clear and unambiguous was enunciated in Monge and Tupas because the
transactions involved took place prior to Belisario and not
Land Bank v. CA that which was
• DAR interpreted “deposits” to include trust accounts” • SC held laid down in the latter case which should be applied
that “deposits” is limited only to cash and LBP bonds prospectively

Libanan v. HRET Court may issue guidelines in construing statute

• Issue: whether ballots not signed at the back by the chairman of • In construing a statute, the enforcement of which may tread on
the Board of Election Inspectors (BEI) are spurious, since it sensitive areas of constitutional rights, the court may issue
violated Sec. 24 RA 7166 guidelines in applying the statute, not to enlarge or restrict it
• Held: not spurious; only renders the BEI accountable but to clearly delineate what the law is.

Rulings of Supreme Court part of legal system Peo. v. Ferrer

• Art. 8 CC – “Judicial decisions applying or interpreting the laws • What acts that may be considered liable under the Anti
or the Constitution shall form part of the legal system of the Subversion Act
Philippines”
• Legis interpretato legis vim obtinet – authoritative Morales v. Enrile
interpretation of the SC of a statute acquires the force of law • Rights of a person under custodial investigation
by becoming a part thereof as of the date of its enactment ,
since the court’s interpretation merely establishes the
contemporaneous legislative intent that the statute thus RP v. CA/ Molina
construed intends to effectuate • Guidelines for ascertaining psychological incapacity of an
erring spouse in a void marriage under Art. 36 FC
• Stare decisis et non quieta novere – when the SC has once laid
down a principle of law as applicable to a certain state of
LIMITATIONS ON POWER TO CONSTRUE
facts, it will adhere to that principle and apply it to all future
casese where the facts are substantially the same
Courts may not enlarge nor restrict statutes
o For stability and certainty • Courts are not authorized to insert into the law what they think
• Supreme Court becomes, to the extent applicable, the criteria should be in it or to supply what they the legislature would
that must control the actuations not only of those called upon have supplied if its intention had been called to the
to abide thereby but also of those duty-bound to enforce omission.
obedience thereto. • They should not by construction, revise even the most arbitrary
• SC rulings are binding on inferior courts or unfair action of the legislature, nor rewrite the law to
conform to what they think should be the law.
Judicial rulings have no retroactive effect • Neither should the courts construe statutes which are perfectly
• Lex prospicit not respicit - the law looks forward, not backward vague for it violates due process
• Rationale: Retroactive application of a law usually divest rights o Failure to accord persons fair notice of the conduct to
that have already become vested or impairs he obligations of avoid
contract and hence is unconstitutional. o Leave law enforcers unbridled discretion in carrying
out its provisions
Peo v. Jabinal
• 2 leading stars on judicial construction
• Peo v Macarandang – peace officer exempted from issuance of
o Good faith
license of firearms – included a secret agent hired by a
governor o commonsense
• Peo. v. Mapa – abandoned doctrine of Macarandang in 1967 • • an utterly vague act on its face cannot be clarified by either a
The present case, Jabinal was arraigned while the Macarandang saving clause or by construction
Doctrine was still prevailing, however, the decision was
promulgated when the Mapa doctrine was in place Courts not to be influenced by questions of wisdom
• The Court held that Jabinal is acquitted using stare decisis • Courts do not sit to resolve the merit of conflicting theories •
doctrine and retroactivity doctrine Courts do not pass upon question of wisdom, justice or
Co. v. CA expediency of legislation, for it’s not within their province to
• On BP 22, Co is acquitted in relying on the Circular issued; Que supervise legislation and keep it within the bounds of common
doctrine, which convicted Que under BP 22, was not given sense.
retroactive application • The court merely interpret regardless of whether or not they
wise or salutary.
Roa v. Collector of Customs
• Used jus soli (place of birth) CHAPTER THREE: Aids to Construction
• SC favored jus sanguinis (by blood)
• However, the abandonment of the principle of jus soli did not IN GENERAL
divest the citizenship of those who, by virtue of the principle
before its rejection, became of were declared citizens of the Generally
Philippines • Where the meaning of a statue is ambiguous, the court is
warranted in availing itself of all illegitimate aids to
Benzonan v. CA construction in order that it can ascertain the true intent of
• Issue: when to count the 5-year period to repurchase land the statute.
granted CA 141 • The aids to construction are those found in the printed page of
• Monge v Angeles (1957) and Tupas v Damaso (1984) – from the statute itself; know as the intrinsic aids, and those
the date of conveyance or foreclosure sale extraneous facts and circumstances outside the printed page,
• Belisario v. IAC (1988) – from the period after the expiration of called extrinsic aids.
the 1-year period of repurchase
Title • The text of the statute is clear and free from doubt, it is
• It is used as an aid, in case of doubt in its language to its improper to resort to its title to make it obscure.
construction and to ascertaining legislative will. • The title may be resorted to in order to remove, but not to create
• If the meaning of the statute is obscure, courts may resort to the doubt.
title to clear the obscurity.
• The title may indicate the legislative intent to extend or restrict Preamble
the scope of law, and a statute couched in a language of • It is a part of the statute written immediately after its title, which
doubtful import will be constructed to conform to the states the purpose, reason for the enactment of the law.
legislative intent as disclosed in its title. • Usually express in whereas clauses.
• Resorted as an aid where there is doubt as to the meaning of the • Generally omitted in statutes passed by:
law or as to the intention of the legislature in enacting it, and • Phil. Commission
not otherwise. • Phil. Legislature
• Serve as a guide to ascertaining legislative intent carries more • National Assembly
weight in this jurisdiction because of the constitutional
• Congress of the Phil
requirement that “every bill shall embrace only one subject
who shall be expressed in the title thereof. • Batasang Pambansa
• These legislative bodies used the explanatory note to explain the
• The constitutional injunction makes the title an indispensable
reasons for the enactment of statutes.
part of a statute.
• Extensively used if Presidential decrees issued by the President
in the exercise of his legislative power.
Baguio v. Marcos
• When the meaning of a statute is clear and unambiguous, the
• The question raised is when to count the 40 yr period to file a
preamble can neither expand nor restrict its operation, much
petition for reopening of cadastral proceedings (to settle and
less prevail over its text. Nor can be used as basis for giving
adjudicate the titles to the various lots embraced in the
a statute a meaning.
survey) as authorized by RA 931 covering the lands that
have been or about to be declared land of public domain, by • When the statute is ambiguous, the preamble can be resorted to
virtue of judicial proceedings instituted w/in the 40 years clarify the ambiguity.
next preceding the approval of this act. • Preamble is the key of the statute, to open the minds of the
• The question is asked if the proceeding be reopened originally lawmakers as to the purpose is achieved, the mischief to be
instituted in court April 12, 1912 or November 25, 1922, the remedied, and the object to be accomplished, by the
counted date form which the decision therein rendered provisions of the legislature.
became final. Petition was filed on July 25, 1961 • May decide the proper construction to be given to the statute. •
• Title of the Law “An Act to authorize the filing in the proper May restrict to what otherwise appears to be a broad scope of law.
court under certain conditions of certain claims of title to • It may express the legislative intent to make the law apply
parcels of land that have been declared public land, by virtue retroactively in which case the law has to be given
of the approval of this act.” retroactive effect.
• There was an apparent inconsistency between the title and body
of the law. Illustration of rule
• It ruled that the starting date to count the period is the date the
final decision was rendered. People v. Purisima
• It recites that it authorizes court proceedings of claims to parcels • A person was charged w/ violation of PD 9 which penalizes,
of land declared public by virtue of judicial decisions among others, the carrying outside of one’s residence any
rendered within forty years next preceding the approval of bladed, blunt or pointed weapon not used as a necessary tool
this act. or implement for livelihood, with imprisonment ranging
• That title written in capital letters by Congress itself; such kind from five to ten years.
of title then is not to be classed with words or titles used by • Question rose whether the carrying of such weapon should be in
compilers of statues because it is the legislature speaking. relation to subversion, rebellion, insurrection, lawless
• Words by virtue of judicial decisions rendered in the title of the violence, criminality, chaos or public disorder as a necessary
law stand in equal importance to the phrase in Sections 1 element of the crime.
thereof by virtue of judicial proceedings instituted. • The mere carrying of such weapon outside one’s residence is
• The court ruled that examining Act no. 2874 in detail was sufficient to constitute a violation of the law
intended to apply to public lands only for the title of the act, • Pursuant to the preamble which spelled out the events that led to
always indicative of legislative intent. the enactment of the decree the clear intent and spirit of the
• No bill shall embrace more than one subject, which subject shall decree is to require the motivation mentioned in the
be expressed in the title of the bill, the words and for other preamble as in indispensable element of the crime.
purposes’ when found in the title have been held to be • The severity of the penalty for the violation of the decree
without force or effect whatsoever and have been altogether suggests that it is a serious offense, which may only be
discarded in construing the Act. justified by associating the carrying out of such bladed of
blunt weapon with any of the purposes stated in its preamble.
Ebarle v. Sucaldito
• The issue is raised whether Executive order no. 264 entitled “ Peo v. Echavez
Outlining the procedure by which complaints charging • Issue: whether a person who squatted on a pastoral land could
government officials and employees with commission of be held criminally liable for the violation of PD 772 “any
irregularities should be guided” applies to criminal actions, person who, with the use of force, intimidation or threat, or
to the end that no preliminary investigation thereof can be taking advantage of the absence or tolerance of the
undertaken or information file in court unless there is land owner, succeeds in occupying or possessing the
previous compliance with the executive order. property of the latter against his will for residential,
• EO only applies to administrative and not to criminal commercial or any other purposes.
complaints. • The decree was promulgated to solve the squatting problem
• The very title speaks of commission of irregularities. which according to its preamble is still a major problem in
urban communities all over the country and because many
persons and entities found to have been unlawfully
When resort to title not authorized
 occupying public and private lands belong to the affluent thereof and operate as a general rule for settling such
class. questions as are embraced therein.
• The court said that crime may only be committed in urban • When the text of a statute is clear and unambiguous, there is
communities and not in agricultural and pastural lands neither necessity nor propriety to resort to the headings or
because the preamble of the decree shows that it was epigraphs of a section for interpretation of the text,
intended to apply for squatting in urban lands, more especially when they are mere reference aids indicating the
particularly to illegal constructions. general nature of the text that follows.

Context of whole text Lingual text

• To ascertain legislative intent is the statute itself taken as a • Rule is that, unless provided, where a statute is promulgated in
whole and in relation to one another considering the whole English and Spanish, English shall govern but in case of
context of the statute and not from an isolated part of the ambiguity, Spanish may be consulted to explain the English
provision. text.
• The meaning dictated by the context prevails. • A statute is officially promulgated in Spanish or in English, or
• Every section, provision, or clause of the statute must be in Filipino
expounded by reference to each other in order to arrive at the • “In the interpretation of a law or administrative issuance
effect contemplated by the legislature. promulgated in all the official languages, the English text
shall control, unless otherwise provided.
Punctuation marks
• Semi- colon – used to indicate a separation in the relation of the Intent or spirit of law
thought, what follows must have a relation to the same
matter it precedes it. • It is the law itself.
• Comma and semi- colon are use for the same purpose to divide • Controlling factor, leading star and guiding light in the
sentences, but the semi – colon makes the division a little application and interpretation of a statute.
more pronounce. Both are not used to introduce a new idea. • A statute must be according to its spirit or intent. • The courts
• Punctuation marks are aids of low degree and can never control cannot assume an intent in no way expressed and then construe
against the intelligible meaning of written words. • An ambiguity the statute to accomplish the supposed intention; otherwise they
of a statute which may be partially or wholly would pass beyond the bounds of judicial power to usurp
solved by a punctuation mark may be considered in the legislative power.
construction of a statute.
• The qualifying effect of a word or phrase may be confined to its Policy of law
last antecedent if the latter is separated by a comma from the • Should be given effect by the judiciary.
other antecedents. • One way to accomplish this mandate is to give a statute of
• An argument based on punctuation is not persuasive. doubtful meaning, a construction that will promote public
policy.
Illustrative examples
Tinio v. Francis
Florentino v. PNB • Policy of the law – to conserve the land of the homesteader •
• “who may be willing to accept the same for such settlement” – xxx not be subject to encumbrance/ alienation from the date of
this implies discretion the approval of the application and for a term of 5 years from and
• SC held: only the last antecedent – “any citizen of the after the date of the issuance of the patent or grant o from the
Philippines or any association or corporation organized ORDER for the issuance of patent
under the laws of the Philippines” o if literal interpretation is to be used, policy will be
• xxx pursuant to which backpay certificate-holders can compel defeated
government-owned banks to accept said certificates for
payment of their obligations subsisting at the time of the Cajiuat v. Mathay
amendatory act was approved • policy – against double pensions for the same services • a law
Nera v. Garcia which grants retirable employees certain gratuity “in addition to
• “if the charge against such subordinate or employee involves other benefits which they are entitled under existing laws”
dishonesty, oppression, or grave misconduct or neglect in the CANNOT be construed as to authorize the grant of double
performance of his duty” gratuity
• “dishonesty” and “oppression” – need not be committed in the • “other benefits” may be
course of the performance of duty by the person charges o Refund of contributions
o Payment of the money value of accumulated vacation
Peo. v. Subido
and sick leaves
• Subsidiary imprisonment in case of insolvency qualifies both
non-payment of indemnity and non-payment of fine Purpose of law or mischief to be suppressed
• Intended to be removed or suppressed and the causes which
Capitalization of letters induced the enactment of the law are important factors to be
• An aid of low degree in the construction ofstatute. considered in this construction.
o Purpose or object of the law
o Mischief intended to be removed
Headnotes or epigraphs o Causes which induced the enactment of the law
• Secondary aids • Must be read in such a way as to give effect to the purpose
• They are prefixed to sections, or chapters of a statute for ready projected in the statute.
reference or classification. • The purpose of the general rule is not determinative of the
• Not entitled too much weight, and inferences drawn there from proper construction to be given to the exceptions.
are of little value and they can never control the plain terms • Purpose of statute is more important than the rules of grammar
of the enacting clauses, for they are not part of the law. and logic in ascertaining the meaning
• The provisions of each article are controlling upon the subject
 Dictionaries • Indicates his thinking on the proposed legislation, when enacted
• A statute does not define word or phrases used. into law, follows his line of thinking on the matter.
• Generally define words in their natural plain and ordinary
acceptance and significance. Explanatory note
• A short exposition of explanation accompanying a proposed
Consequences of various constructions legislation by its author or proponent.
• Inquired as an additional aid to interpretation. • Where there is ambiguity in a statute or where a statute is
• A construction of a statute should be rejected that will cause susceptible of more than one interpretation, courts may
injustice and hardship, result in absurdity, defeat legislative resort to the explanatory note to clarify the ambiguity and
intent or spirit, preclude accomplishment of legislative ascertain the purpose or intent of the statute.
purpose or object, render certain words or phrases a • Used to give effect to the purpose or intent as disclosed in its
surplusage, nullify the statute or make any of its provisions explanatory note.
nugatory. • A statute affected or changed an existing law and the
explanatory note to the bill which has eventually enacted
Presumptions into a law states that the purpose is too simply to secure the
• Based on logic, experience, and common sense, and in the prompt action on a certain matter by the officer concerned
absence of compelling reasons to the contrary, doubts as to and not to change the existing law; the statute should be
the proper and correct construction of a statute will be construed to carry out such purpose.
resolved in favor of that construction which is in accord with • It may be used as a basis for giving a statute a meaning that is
the presumption on the matter. inconsistent with what is expressed in the text of the statute.
o Constitutionality of a statute
o Completeness Legislative debates, views and deliberations
o Prospective operation • Courts may avail to themselves the actual proceedings of the
legislative body to assist in determining the construction of a
o Right and justice statute of doubtful meaning.
o Effective, sensible, beneficial and reasonable • There is doubt to what a provision of a statute means, that
operation as a whole meaning which was put to the provision during the
o Against inconsistency and implied repeal legislative deliberation or discussion on the bill may be
♣ unnecessary changes in law adopted.
♣ impossibility • Views expressed are as to the bill’s purpose, meaning or effect
♣ absurdity are not controlling in the interpretation of the law. • It is
♣ injustice and hardship impossible to determine with authority what
♣ inconvenience construction was put upon an act by the members of the
legislative body that passed the bill.
♣ ineffectiveness.
• The opinions expressed by legislators in the course of debates
concerning the application of existing laws are not also given
LEGISLATIVE HISTORY
decisive weight, especially where the legislator was not a
member of the assembly that enacted the said laws.
Generally
• When a statute is clear and free from ambiguity, courts will not
• A statute is susceptible of several interpretations or where there
inquire into the motives which influence the legislature or
is ambiguity in the language, there is no better means of
individual members, in voting for its passage; no indeed as
ascertaining the will and intention of the legislature than that
to the intention of the draftsman, or the legislators, so far as
which is afforded by the history of the statute.
it has not been expressed into the act.
What constitutes legislative history
Reports of commissions
• History of a statute refers to all its antecedents from its
• Commissions are usually formed to compile and collate all laws
inception until its enactment into law.
on a particular subject and to prepare the draft of the
• Its history proper covers the period and the steps done from the proposed code.
time the bill is introduced until it is finally passed by the
legislature.
Prior laws from which statute is based
• What it includes: • Courts are permitted to prior laws on the same subject and to
o President’s message if the bill is enacted in response investigate the antecedents of the statute involved.
thereto, • This is applicable in the interpretation of codes, revised or
o The explanatory note accompanying the bill compiled statutes, for the prior law which have been
o Committee reports of legislative investigations codified, compiled or revised will show the legislative
o Public hearings on the subject of the bill history that will clarify the intent of the law or shed light on
o Sponsorship speech the meaning and scope of the codified or revised statute.
o Debates and deliberations concerning the bill
o Amendments and changes in phraseology in which it Peo. v. Manantan
undergoes before final approval thereof. • Issue: whether or not justice of peace is included
• Contention of Manantan, who is a justice of peace, is that the
o If the statute is based from a revision, a prior statute,
omission of “justice of peace” revealed the intention of the
the latter’s practical application and
legislature to exclude such from its operation
judicial construction,
• Held: contention denied. In holding that the word “judge”
o Various amendments it underwent includes “justice of peace”, the Court said that “a review of
o Contemporary events at the the history of the Revised Election Code will help justify and
clarify the above conclusion”
President’s message to legislature
• The president shall address the congress at the opening of its Director of Lands v. Abaya
regular session or appear before it at any other time. • When to count the 10-year period, either from the date the
• Usually contains proposed legal measures. decision was rendered or from the date judicial proceedings
 instituted in cadastral cases Limitations of rule
• Held: court resolved the issue by referring to 4 older laws which • A statute which has been adopted from that of a foreign country
have in common that counting of the period starts from the should be construed in accordance with the construction
date of the institution of the judicial proceeding and not from given it in the country of origin is not without limitations.
the date the judgment is rendered
Principles of common law
• Known as Anglo-American jurisprudence which is no in force
Salaysay v. Castro in this country, save only insofar as it is founded on sound
• “Actually holding” ~ “lastly elected” principles applicable to local conditions and is not in conflict
• Thus, a vice mayor acting as mayor is not included in the with existing law, nevertheless, many of the principles of the
provision common law have been imported into this jurisdiction as a
result of the enactment of laws and establishment of
Change in phraseology by amendments institutions similar to those of the US.
• Intents to change the meaning of the provision.
• A statute has undergone several amendments, each amendment
using different phraseology, the deliberate selection of
language differing from that of the earlier act on the subject
indicates that a change in meaning of the law was intended Conditions at time of enactment
and courts should so construe that statute as to reflect such • In enacting a statute, the legislature is presumed to have taken
change in meaning. into account the existing conditions of things at the time of
its enactment.
Commissioner of Customs v. CTA • In the interpretations of a statute, consider the physical
• “national port” (new law) not the same as “any port” (old law); conditions of the country and the circumstances then obtain
otherwise, “national” will be a surplusage understanding as to the intent of the legislature or as to the
meaning of the statute.
Amendment by deletion
• Deletion of certain words or phrases in a statute indicates that History of the times
the legislature intended to change the meaning of the statute, • A court may look to the history of the times, examining the state
for the presumption is that the legislation would not have of things existing when the statute was enacted.
made the deletion had the intention been not effect a change • A statute should not be construed in a spirit as if it were a
in its meaning. protoplasm floating around in space.
• A statute containing a provision prohibiting the doing of a • In determining the meaning, intent, and purpose of a law or
certain thing is amended by deleting such provision. constitutional provision, the history of the times of which I
grew and to which it may be rationally supposed to bear
Gloria v. CA some direct relationship, the evils intended to be remedied
• Issue: whether a public officer or employee, who has been and the good to be accomplished are proper subjects of
preventively suspended pending investigation of the inquiry.
administrative charges against him, is entitled to his salary • Law being a manifestation of social culture and progress must
and other benefits during such preventive suspension be interpreted taking into consideration the stage of such
• Held: Court answered in the negative because such provision culture and progress including all the concomitant
with regard to payment of salaries during suspension was circumstances.
deleted in the new law • Law is not a watertight compartment sealed or shut off from the
contact with the drama of life which unfolds before our eyes.
Buenaseda v. Flavier
• Ombusman and his deputy can only preventively suspend CONTEMPORARY CONSTRUCTION
respondents in administrative cases who are employed in his
office, and not those who are employees in other department Generally
or offices of the government • Are the constructions placed upon statutes at the time of, or after
their enactment by the executive, legislative or judicial
Exceptions to the rule (of amendment by deletion) authorities, as well as by those who involve in the process of
• An amendment of the statue indicates a change in meaning from legislation are knowledgeable of the intent and purpose of
that which the statute originally had applies only when the the law.
intention is clear to change the previous meaning of the old • Contemporary construction is strongest in law.
law.
• Rules don’t apply when the intent is clear that the amendment is Executive construction, generally; kinds of
precisely to plainly express the construction of the act prior • Is the construction placed upon the statute by an executive or
to its amendment because its language is not sufficiently administrative officer.
expressive of such construction. • Three types of interpretation
• Frequently, words do not materially affect the sense will be o Construction by an executive or administrative officer
omitted from the statute as incorporated in the code or directly called to implement the law.
revised statute, or that some general idea will be expressed in o Construction by the secretary of justice in his capacity
brief phrases. as the chief legal adviser of the
government.
Adopted statutes o Handed down in an adversary proceeding in the form
• Foreign statutes are adopted in this country or from local laws of a ruling by an executive officer exercising
are patterned form parts of the legislative history of the quasi-judicial power.
latter.
• Local statutes are patterned after or copied from those of another Weight accorded to contemporaneous construction
country, the decision of the courts in such country construing • Where there is doubt as to the proper interpretation of a statute,
those laws are entitled to great weight in the interpretation of the uniform construction placed upon it by the executive or
such local statutes.
 administrative officer charged with its enforcement will be Legislative interpretation
adopted if necessary to resolve the doubt. • Take form of an implied acquiescence to, or approval of, an
• True expression of the legislative purpose, especially if the executive or judicial construction of a statute.
construction is followed for a considerable period of time. • The legislature cannot limit or restrict the power granted to the
courts by the constitution.
Nestle Philippines, Inc. v. CA
• Reasons for why interpretation of an administrative agency is Legislative approval
generally accorded great respect • Legislative is presumed to have full knowledge of a
o Emergence of multifarious needs of a modernizing contemporaneous or practical construction of a statute by an
society administrative or executive officer charged with its
o Also relates to experience and growth of specialized enforcement.
capabilities by the administrative • The legislature may approve or ratify such contemporaneous
agency construction.
o They have the competence, expertness, experience • May also be showmen by the legislature appropriating money
and informed judgment, and the fact that they for the officer designated to perform a task pursuant to
frequently are the drafters of the law they interpret interpretation of a statute.
• Legislative ratification is equivalent to a mandate.
Philippine Sugar Central v. Collector of Customs
• Issue: whether the government can legally collect duties “as a Reenactment
charge for wharfage” required by a statute upon all articles • Most common act of approval.
exported through privately-owned wharves • The re-enactment of a statute, previously given a
• Held: the court reasoned in the affirmative by saying “the contemporaneous construction is persuasive indication of the
language of the Act could have been made more specific and adoption by the legislature of the prior construction.
certain, but in view of its history, its long continuous • Re-enactment if accorded greater weight and respect than the
construction, and what has been done and accomplished by contemporaneous construction of the statute before its
and under it, we are clearly of the opinion that the ratification.
government is entitled to have and receive the money in
question, even though the sugar was shipped from a private Stare decisis
wharf • Judicial interpretation of a statute and is of greater weight than
that of an executive or administrative officer in the
Weight accorded to usage and practice construction of other statutes of similar import.
• Common usage and practice under the statute, or a course of • It is an invaluable aid in the construction or interpretation of
conduct indicating a particular undertaking of it, especially statutes of doubtful meaning.
where the usage has been acquiesced in by all the parties • Stare decisis et non quieta movere – one should follow past
concerned and has extended over a long period of time. precedents and should not disturb what has been settled. •
• Optimus interpres rerum usus – the best interpretation of the Supreme Court has the constitutional duty not only of
law is usage. interpreting and applying the law in accordance with prior
doctrines but also of protecting society from the
improvidence and wantonness wrought by needless
upheavals in such interpretations and applications
Construction of rules and regulations • In order that it will come within the doctrine of stare decisis,
• This rule-making power, authorities sustain the principle that must be categorically stated on an issue expressly raised by
the interpretation by those charged with their enforcement is the parties; it must be a direct ruling, not merely an obiter
entitled to great weight by the court in the latter’s dictum
construction of such rules and regulations. • Obiter dictum – opinion expressed by a court upon some
question of law which is not necessary to the decision of the
Reasons why contemporaneous construction is given much weight • It case before it; not binding as a precedent
is entitled to great weight because it comes from the particular • The principle presupposes that the facts of the precedent and the
branch of government called upon to implement the law thus case to which it is applied are substantially the same. • Where the
construed. facts are dissimilar, then the principle of stare decisis does not
• Are presumed to have familiarized themselves with all the apply.
considerations pertinent to the meaning and purpose of the • The rule of stare decisis is not absolute. It does not apply when
law, and to have formed an independent, conscientious and there is a conflict between the precedent and the law. • The duty
competent expert opinion thereon of the court is to forsake and abandon any doctrine or rule found
to be in violation of law in force
• Inferior courts as well as the legislature cannot abandon a
precedent enunciated by the SC except by way of repeal or
When contemporaneous construction disregarded amendment of the law itself
• When there is no ambiguity in the law.
• If it is clearly erroneous, the same must be declared null and CHAPTER FOUR: Adherence to, or departure from, language of
void. statute

Erroneous contemporaneous construction does not preclude correction LITERAL INTERPRETATION

nor create rights; exceptions
• The doctrine of estoppel does not preclude correction of the Literal meaning or plain-meaning rule
erroneous construction by the officer himself by his • General rule: if statute is clear, plain and free from ambiguity, it
successor or by the court in an appropriate case. must be given its literal meaning and applied without
• An erroneous contemporeaneous construction creates no vested attempted interpretation
right on the part of those relied upon, and followed such o Verba legis
construction. o Index animi sermo – speech is the index of intention
 o Words employed by the legislature in a statute DEPARTURE FROM LITERAL INTERPRETATION
correctly express its intent or will
o Verba legis non est recedendum – from the words of Statute must be capable of interpretation, otherwise inoperative • If no
a statute there should be no departure judicial certainty can be had as to its meaning, the court is not at
o Thus, what is not clearly provided in the law cannot liberty to supply nor to make one
be extended to those matters outside its
scope Santiago v. COMELEC
• Judicial legislation – an encroachment upon legislative • In this case, the Court adopted a literal meaning thus, concluded
prerogative to define the wisdom of the law that RA 6735 is inadequate to implement the power of the
o Courts must administer the law as they find it without people to amend the Constitution (initiative on amendments)
for the following reasons:
regard to consequences
o Does not suggest an initiative on amendments on to
National Federation of Labor v. NLRC the Constitution because it is silent as to
• Employees were claiming separation pay on the basis of Art. amendments on the Constitution and the word
283 Labor Code which states that “employer MAY also “Constitution” is neither germane nor relevant to
terminate the employment of an employee” for reasons said section
therein by serving notice thereof and paying separation pay o Does not provide for the contents of a petition for
to affected employees initiative on the Constitution
• There was compulsory acquisition by the government of the o Does not provide for subtitles for initiative on the
employer’s land (Patalon Coconut Estate) for purposes of Constitution
agrarian reform which forced the employer to cease his o RA is incomplete and does not provide a sufficient
operation standard
• Issue: whether or not employer is liable for separation pay? • • Justice Puno (ano?!? Justice Tree?!) dissents:
Held: NO, employer is not liable for separation pay! o It is a o Legislative intent is also shown by the deliberations
unilateral and voluntary act by the employer if he wants to give on the bill that became RA 6735…
separation pay (there are 4 more reasons – see page 130-131,
o This is gleaned from the wording “MAY” in the which are not so important)
statute • Interpretation of RA 6735 was not in keeping with the maxim
o “MAY” denotes that it is directory in nature and interpretation fienda est ut res magis valeat quam pereat –
generally permissive only that interpretation as will give the thing efficacy is to be
o Plain-meaning rule is applicable adopted
o Ano yun, ipapasara ng government tapos magbabayad
pa ang employer ng separation pay?!? What is within the spirit is within the law
Ang daya-daya! Lugi na nga si employer, kikita pa • Don’t literally construe the law if it will render it meaningless,
si employee?!? Unfair! Cannot be! No! No! lead to ambiguity, injustice or contradiction • The spirit of the law
o To depart from the meaning expressed by the words controls its letter
is to alter the statute, to legislate and not • Ratio legis – interpretation according to the spirit or reason of
interpret the law
o Maledicta est exposition quae corrumpit textum – • Spirit or intention of a statute prevails over the letter • A law
dangerous construction which is against the text should accordingly be so construed as to be in accordance with,
and not repugnant to, the spirit of the law • Presumption:
Dura lex sed lex undesirable consequences were never intended by a legislative
• Dura lex sed lex – the law may be harsh but it is still the law • measure
Absoluta sentential expositore non indigent – when the language
of the law is clear, no explanation of it is required • When the law Literal import must yield to intent
is clear, it is not susceptible of interpretation. It must be applied • Verba intentioni, non e contra, debent inservire – words ought to
regardless of who may be affected, even if it may be harsh or be more subservient to the intent and not the intent to the
onerous words (ahhh parang intent is to woman as word is to man –
so man is subservient to woman… logical!)
• Hoc quidem perquam durum est, sed ital ex scripta est – it is
exceedingly hard but so the law is written • Guide in ascertaining intent – conscience and equity • So it is
• A decent regard to the legislative will shoud inhibit the court possible that a statute may be extended to cases not within the
from engaging in judicial legislation to change what it thinks literal meaning of its terms, so long as they come within its spirit
are unrealistic statutes that do not conform with ordinary or intent
experience or practice (respeto nalang sa ating mga
mambabatas! Whatever?!? Haha joke only) Limitation of rule
• If there is a need to change the law, amend or repeal it, remedy • Construe (intent over letter) only if there is ambiguity!
may be done through a legislative process, not by judicial
decree Construction to accomplish purpose
• Where the law is clear, appeals to justice and equity as • PURPOSE or REASON which induced the enactment of the
justification to construe it differently are unavailing – statute – key to open the brain of the legislature/ legislative
Philippines is governed by CIVIL LAW or POSITIVE intent!
LAW, not common law • Statutes should be construed in the light of the object to be
• Equity is available only in the absence of law and not its achieved and the evil or mischief to be suppressed
replacement – (so, pag may law, walang equity equity! Pero • As between two statutory interpretations, that which better
pag walang law, pwedeng mag-equity, gets?!?... important serves the purpose of the law should prevail
to!)
• Aequitas nunquam contravenit legis – equity never acts in Sarcos v. Castillo
contravention of the law • This case explains why legislative purpose to determine
legislative intent
• Frankfurter
 o Legislative words are not inert but derived vitality limitation” on private ownership
from the obvious purposes at which they are aimed • Purpose or object of the law – to protect large cattle against
o Legislation – working instrument of government and theft and to make easy recovery and return of such cattle to
not merely as a collection of English words their owners, when lost, strayed or stolen
• Benjamin Natham Cardozo • Issue: whether the slaughter of large cattle outside the
o Legislation is more than a composition municipal slaughterhouse without a permit by the municipal
o It is an active instrument of government which means treasurer is prohibited?
that laws have ends to be achieved • Held: YES! Outside or inside without permit is prohibited
• Holmes
o Words are flexible Bocobo v. Estanislao
o The general purpose is a more important aid to the • Issue: whether the CFI and a municipal court in the capital of a
meaning than any rule which grammar or formal province have concurrent jurisdiction over the crime of libel
logic may lay down • RPC – grants jurisdiction with CFI
o Courts are apt to err by sticking too closely to the • Judiciary Act grants jurisdiction with the municipal court in the
words of law where those words import a policy capital of a province in offenses where the penalty is not
more than prission correctional or fine not exceeding
that goes beyond them
6,000Php (penalty for libel)
• So ano na?!?
Soriano v. Offshore Shipping and Manning Corp
• A literal interpretation is to be rejected if it would be unjust or Godines v. CA
lead to absurd results
• Patent Law – grants the patentee the exclusive right to make,
Illustration of rule use, and sell his patented machine, article or product xxx •
Doctrine of equivalents – when a device appropriates a prior
King v. Hernandez invention by incorporating its innovative concept, and albeit
with some modification and change, performs substantially
• Issue: whether or not a Chinese (parang si RA and Serge) may the same function in substantially the same way to achieve
be employed in a non-control position in a retail substantially the same result (ano ba ‘to?!? Puro
establishment, a wholly nationalized business under RA substantially?)
1180 Retail Trade Law (btw, wala na tong law na ‘to. It has
been repealed by the Retail Trade Liberalization Act – my Planters Association of Southern Negros, Inc. v. Ponferrada • 2
thesis! ϑ) apparently conflicting provisions should be construed as to
• Held: No! (kasi duduraan ka lang ng mga intsik! Joke only!) the realize the purpose of the law
law has to be construed with the Anti-Dummy Law – • The purpose of the law is to INCREASE the worker’s benefits
prohibiting an alien from intervening in the management, • Benefits under RA 6982 shall be IN ADDITION to the benefits
operation, administration or control thereof under RA 809 and PD 621
• When the law says you cannot employ such alien, you cannot
• “Substituted” cannot be given literal interpretation
employ an alien! The unscrupulous alien may resort to flout
the law or defeat its purpose! (maggulang daw mga intsik…
When reason of law ceases, law itself ceases
ultimo tubig sa pasig river, which is supposed to be free,
bottles it and then sells it! Huwat?!?) • The reason which induced the legislature to enact a law isthe
heart of the law
• It is imperative that the law be interpreted in a manner that
• Cessante ratione legis, cessat et ipsa lex – when the reason of
would stave off any attempt at circumvention of the
the law ceases, the law itself ceases
legislative purpose
• Ratio legis est anima – reason of the law is its soul
Bustamante v. NLRC
• Issue: how to compute for backwages to which an illegally Peo v. Almuete
dismissed employee would be entitled until his actual • Agricultural Tenancy Act is repealed by the Agricultural Land
reinstatement (take note of this case.. it’s a labor case… Reform Code
kiliti ni Golangco) • Agricultural Tenancy Act – punishes prereaping or prethreshing
• 3 ways: of palay on a date other than that previously set without the
mutual consent of the landlord and tenant
o 1st – before Labor Code – to be deducted from the o Share tenancy relationship
amount of backwages is the earnings elsewhere
• Agricultural Land Reform Code – abolished share tenancy
during the period of illegal dismissal relationship, thus does not punish prereaping or prethreshing
o 2nd – Labor Code Art. 279 – the amount of of palay on a date other than that previously set without the
backwages is fixed without deductions or mutual consent of the landlord and tenant anymore
qualifications but limited to not more than 3 years o Leasehold system
o 3rd – amended Art. 279 – full backwages or without
deductions from the time the laborer’s Commendador v. De Villa
compensation was withheld until his actual • Issue: whether PD 39, which withdrew the right to peremptorily
reinstatement challenge members of a military tribunal, had been rendered
inoperative by PD 2045 proclaiming the termination of a
• The clear legislative intent of the amendment in RA 6715 state of martial law
(Labor Code) is to give more benefits to workers than was
• Held: YES! The termination of the martial law and the
previously given them under the Mercury Drug rule or the 1 st
dissolution of military tribunals created thereunder, the
way
reason for the existence of PD 39 ceased automatically and
the decree itself ceased
US v. Toribio
• The prohibition of the slaughter of carabaos for human Vasquez v. Giap
consumption so long as these animals are fit for agricultural
• Where the mischief sought to be remedied by a statute has
work/ draft purposes was a “reasonable necessary
already been removed in a given situation, the statute may
 no longer apply in such case language
• The law bans aliens from acquiring and owning lands, the • Courts should construe a statute to effectuate, and not to defeat,
purpose is to preserve the nation’s lands for future its provisions; nor render compliance with its provisions
generations of Filipinos impossible to perform
• A sale of land in favor of an alien, in violation of the said law,
no longer be questioned after the alien becomes a Filipino Peo v. Duque
citizen • Surplusage!!!
Supplying legislative omission • Sec. 2 of Act No. 3326 – prescription of offenses o
• xxx if it is clearly ascertainable from the CONTEXT! • May Prescription shall begin to run from
supply legislative omission to make the statute conform to ♣ The day of the commission of the
obvious intent of the legislature or to prevent the act from being violation
absurd ♣ From the time of discovery AND
• Note: differentiate from judicial legislation institution of judicial proceedings for
investigation and punishment
• But the prevailing rule is that prescriptive period is tolled upon
Correcting clerical errors the institution of judicial proceedings – an act of grace by
• As long as the meaning intended is apparent on the face of the the State
whole enactment and no specific provision is abrogated • This is • Court held that the phrase “institution of judicial proceedings
not judicial legislation for its investigation and punishment” may be either
disregarded as surplusage or should be deemed preceded by
Illustration rule the word “until”

Rufino Lopez & Sons, Inc. v. CTA Oliveros v. Villaluz

• Court change the phrase “collector of customs” to • Issue: whether or not the suspension order against an elective
“commissioner of customs” to correct an obvious mistake in official following an information for violation of the Anti
law Graft law filed against him, applies not only to the current
• Sec 7 – “commissioner of customs” – grants the CTA term of office but also to another term if the accused run for
jurisdiction to review decisions of the Commissioner of reelection and won
Customs • Sec 13 of the Anti-Graft Law – suspension unless acquitted,
• Sec 11 – “collector of customs” – refers to the decision of the reinstated!
Collector of Customs that may be appealed to the tax court • • Held: only refers to the current term of the suspended officer
“Commissioner” prevails – Commissioner of Customs has (and not to a future unknown and uncertain new term unless
supervision and control over Collectors of Customs and the supplemented by a new suspension order in the event of
decisions of the latter are reviewable by the Commissioner of reelection) for if his term shall have expired at the time of
Customs acquittal, he would obviously be no longer entitled to
reinstatement; otherwise it will lead to absurdities
Lamp v. Phipps
• “Ordinary COURTS of law” to “Ordinary COURSE of law” Peo v. Yu Hai
• Issue: when does a crime punishable by arresto menor
Farinas v. Barba prescribe?
• Issue: who is the appointing power to fill a vacancy created by • State says 10 years as provided for in Art 90 RPC o Art. 26
the sanggunian member who did not belong to any political (correctional offenses) – max fine of 200Php – correctional
party, under the provision of the Local Government Code penalty – prescribes in 10
• “local chief executive” – a misnomer years (Art. 90)
• It should be “authorities concerned” • Court held that this is not right!!!! It is wrong!
• Because the President is not a “local chief executive” but under o Art. 9 (light offenses) – not more than 200Php – light
Sec. 50 of the Local Government Code, the “President, felonies – 2 months
Governor, Mayor have the executive power to appoint in o 1Php makes a difference of 9 years and 10 months!
order to fill vacancies in local councils or to suspend local (huwat?!?)
officials o Arresto mayor (correctional penalty) prescribes in 5
years
Qualification of rule (of correcting clerical errors)
o Less grave – prescribe even shorter
• Only those which are clearly clerical errors or obvious mistakes,
omissions, and misprints; otherwise, is to rewrite the law o Also, prescriptive period cannot be ascertained not
and invade the domain of the legislature, it is judicial until the court decides which of the alternative
legislation in the guise of interpretation penalties should be imposed – imprisonment ba or
fine lang… yun lang po!
Construction to avoid absurdity
• Reason: it is always presumed that the legislature intended Peo v. Reyes
exceptions to its language which would avoid consequences • Dangerous Drugs Act
of this character • RA 7659
• Thus, statutes may be extended to cover cases not within the o X < 200 grams – max penalty is reclusion perpetua o
literal meaning of the terms if their exact and literal import X > 200 grams – min penalty is reclusion perpetua
would lead to absurd or mischievous results • Court ruled that:
• Interpretation talis in ambiguis simper fienda est ut evitetur o X < 200 grams – penalty ranging from prision
inconveniens et absurdum – where there is ambiguity, such correctional to reclusion temporal
interpretation as will avoid inconvenience and absurdity is to
♣ 134-199grams – reclusion temporal
be adopted
♣ 66-133 – prison mayor
• Courts test the law by its results – if law appears to be arbitrary,
courts are not bound to apply it in slavish disobedience to its ♣ Less than 66 grams – prision correcional
• StatCon – duty of the court to harmonize conflicting provisions
 to give effect to the whole law; to effectuate the intention of Co Kim Cham v. Valdez Tan Keh
legislature • Sa Consti ‘to ah! La lang… hehe (yihee, Serge!)
• “processes” in the proclamation that “all laws regulations and
processes” of the so-called RP during the Japanese
Malonzo v. Zamora occupation of the country “are null and void and without
• Contention: the City Counsel of Caloocan cannot validly pass legal effect” MAY NOT be construed to embrace
an ordinance appropriating a supplemental budget for the JUDICIAL PROCESSES as this would lead to great
purpose of expropriating a certain parcel of land, without inconvenience and public hardship and public interest would
first adopting or updating its house rules of procedure within be endangered
the first 90 days following the election of its members, as o Criminals freed
required by Secs. 50 and 52 of the LGC o Vested right, impaired
• Court said this is absurd!!!! Contention is rejected! o Adoption
or updating of house rules would necessarily entail work… local Construction in favor of right and justice
council’s hands
were tied and could not act on any other matter if
• Art. 10 CC: In case of doubt in the interpretation or application
we hold the absurd contention! of laws, it is presumed that the law-making body intended
right and justice to prevail
o So much inconvenience! Shiox! And this could not
• Art. 9 CC: The fact that a statute is silent, obscure, or
have been intended by the law insufficient with respect to a question before the court will
not justify the latter from declining to render judgment
Construction to avoid injustice thereon
• Presumption – legislature did not intend to work a hardship or • In balancing conflicting solutions, that one is perceived to tip
an oppressive result, a possible abuse of authority or act of the scales which the court believes will best promote the
oppression, arming one person with a weapon to impose
public welfare is its probable operation as a general rule or
hardship on the other
principle
• Ea est accipienda interpretation quae vitio caret – that
interpretation is to be adopted which is free from evil or Salvacion v. BSP
injustice
• Greg Bartelli raped his alleged niece 10 times and detained her
in his apartment for 4 days
Amatan v. Aujero
• Court gave a favorable judgment of more than 1MPhp • BSP
• Rodrigo Umpad was charged with homicide rejected the writ of attachment alleging Sec 113 of the Central
• Pursuant to some provision in criminal procedure, he entered Bank Circular No. 960 (applicable to transient foreigners)
into a plea bargaining agreement, which the judge approved
• Issue: whether the dollar bank deposit in a Philippine bank of a
of, downgrading the offense charge of homicide to
foreign tourist can be attached to satisfy the moral damages
attempted homicide to which Umpad pleaded guilty thereto.
awarded in favor of the latter’s 12-year-old rape victim
• Hello?!? Namatay na nga tapos attempted lang?!? Mababaliw
• BSP did not honor the writ of attachment pursuant to RA6426
ako sayo, judge, whoever you are!!!
Sec 8 – “foreign currency deposits shall be exempt from
• Fiat justicia, ruat coelum – let the right be done, though the attachment, garnishment, or any other order or process of
heavens fall (ano daw?!?) any court, legislative body, government agency or any
• Stated differently, when a provision of the law is silent or administrative body whatsoever”
ambiguougs, judges ought to invoke a solution responsive to • Court held that: ANO BA?!? Na-rape na nga ayaw pang
the vehement urge of conscience (ahhh… ano daw ulit?!?) magbayad ng moral damages dahil lang sa isang silly law?!?
(hehe.. joke lang.. I’m so bored na eh!)
Peo v. Purisima o Court applied the principles of right and justice to
• It was contended that PD 9(3) – is a malum prohibitum; thus prevail over the strict and literal words of the
intent to use such prohibited weapons is immaterial by statute
reason of public policy
o The purpose of RA 6426 to exempt such assets from
• Court said that use the preamble to construe such act whether
attachment: at the time the said law was
penalized or not
enacted, the country’s economy was in a shambles.
• Moreover the court said that legislature did not intend injustice,
But in the present time it is still in shambles... hehe
absurdity and contradiction
joke lang… but in the present time, the country has
• Court gave an example… recovered economically. No reason why such
o So if I borrowed a bolo then I return this to my assets cannot be attached especially if it would
lender, then in the course or my journey I’m satisfy a judgment to award moral damages to a
caught, I’m penalized under the Decree for 5-10 12-year-old rape victim!
years imprisonment! (ang labo naman!)
Surplusage and superfluity disregarded
Ursua v. CA • Where a word, phrase or clause in a statute is devoid of
• Issue: whether or not the isolated use, at one instance, of a name meaning in relation to the context or intent of the statute, or
other than a person’s true name to secure a copy of a where it suggests a meaning that nullifies the statute or
document from a government agency, constitutes violation renders it without sense, the word, phrase or clause may be
of CA 142 – Anti-alias Law rejected as surplusage and entirely ignored
• Held: NO! (isang beses lang naman eh.. hehehe joke lang!) o • Surplusagium non noceat – surplusage does not vitiate a statute
The purpose of the Anti-alias Law is to prevent confusion and • Utile per inutile non vitiatur – nor is the useful vitated by the
fraud in business transactions non-useful
o Such isolated use of a different name is not prohibited
by the law; otherwise, injustice, Demafiles v. COMELEC
absurdity and contradiction will result • Issue: whether a pre-proclamation election case has become
moot because the proclaimed winner had immediately taken
Construction to avoid danger to public interest his oath pursuant to Sec 2 RA 4870 which provides that the
“first mayor, vice-mayor and councilors of the municipality
 of Sebaste shall be elected in the next general elections for • COMELEC’s decision is sustained
local officials and shall have qualified”
• It was contended that “shall have qualified” begins immediately Number and gender of words
after their proclamation! • When the context of a statute so indicates, words in plural
• Court held that this is wrong! include the singular, and vice versa.
o The said phrase is a jargon and does not warrant the • A plural word in a statute may thus apply to a singular person or
respondent’s reading that the term of office of thing, just as a singular word may embrace two or more
the first municipal officials of Sebaste begins persons or things
immediately after their proclamation • Art. 996 CC – (law on succession) such article also applies to a
o The King in ‘Alice in Wonderland’: if there is no situation where there is only one child because “children”
meaning in it, that saves a world of trouble, you includes “child”
know, as we need not try to find any • Election Code – “candidate” comprehends “some candidates” or
“all candidates”
o Apply the general rule when such term begin – the • On gender – the masculine, but not the feminine, includes all
term of municipal officials shall begin on the 1st genders, unless the context in which the word is used in the
day of January following their election statute indicates otherwise
Redundant words may be rejected IMPLICATIONS
• Self-explanatory, ano buzzzz?!?
Doctrine of necessary implication
Obscure or missing word or false description may not preclude • So-called gaps in the law develop as the law is enforced •
construction
StatCon rule: to fill in the gap is the doctrine of necessary
• Falsa demonstration non nocet, cum de corpore constat – false implication
description does not preclude construction nor vitiate the
• Doctrine states that what is implied in a statute is as much a part
meaning of the statute which is otherwise clear
thereof as that which is expressed
• Ex necessitate legis – from the necessity of the law • Every
Exemption from rigid application of law
statutory grant of power, right or privilege is deemed to include
• Ibi quid generaliter conceditur – every rule is not without an
all incidental power, right or privilege
exception
• In eo quod plus sit, simper inest et minus – greater includes the
• Inest haec exception, si non aliquid sit contras jus basque –
lesser
where anything is granted generally, this exception is
implied • Necessity –
• Compelling reasons may justify reading an exception to a rule o includes such inferences as may be logically be
even where the latter does not provide any; otherwise the drawn from the purpose or object of the statute,
rigor of the law would become the highest injustice – from what the legislature must be presumed to
summum jus, summa injuria have intended, and from the necessity of making
the statute effective and operative
Law does not require the impossible o excludes what is merely plausible, beneficial, or
• Nemo tenetur ad impossible – the law obliges no one to perform desirable
an impossibility • must be consistent with the Constitution or to existing laws • an
• Impossibilium nulla obligation est – no obligation to do an implication which is violative of the law is unjustified or
impossible thing unwarranted
• Impossible compliance versus Substantial compliance (as
required by law) Chua v. Civil Service Commission
• Issue: whether a coterminous employee, or one whose
Lim co Chui v Posadas appointment is co-existent with the duration of a government
• Publication in the Official Gazette weekly, for three times and project, who has been employed as such for more than 2
consecutively, to acquire jurisdiction over naturalization years, is entitled to early retirement benefits under Sec 2 RA
case 6683
• It was an impossibility to fulfill such requirement as the OG • Court held that YES, Chua is entitled!
was not, at the time, published weekly o A coterminous employee is no different from a casual
• Thus, Court held that compliance with the other 2 requirements or temporary employee, and by necessary
would be deemed sufficient to acquire jurisdiction over the implication, the inclusion of the latter in the class
naturalization case of government employees entitled to the benefits
of the law necessarily implies that the former
Akbayan v. COMELEC should also be entitled to such benefits
• This case is about the statutory grant of stand-by power to the o Wrong application of the maxim “expresio uniusest
COMELEC as provided for in Sec. 28 RA 8436 exclusion alterius”
• Petitioners were asking the respondent to exercise such power
so as to accommodate potential voters who were not able to Remedy implied from a right
register for the upcoming election • Ubi jus, ibi remedium - where there is a right, there is a remedy
• COMELEC denied the petition alleging the impossibility of late for violation thereof
registration to accommodate potential voters • Right -> Obligation -> Remedy
• Court ruled that the provision must be given such interpretation • The fact that the statute is silent as to the remedy does not
that is in accordance with logic, common sense, preclude him from vindicating his right, for such remedy is
reasonableness and practicality implied from such right
• Where time constraint and the surrounding circumstances make • Once a right is established, the way must be cleared for its
it impossible or the COMELEC to conduct special enforcement, and technicalities in procedure, judicial as well
registration of voters, the COMELEC cannot be faulted for as administrative, must give way
refusing to do so, for the law does not require the impossible • Where there is “wrong,” (deprivation or violation of a right)
to be done; there is no obligation to ho the impossible thing there is a remedy
 • If there’s no right, principle does not apply authority to abolish it, unless xxx
♣ Warrant issued shall be made upon
Batungbakal v National Development Co probable cause determined by the judge
• Petitioner was suspended and removed from office which xxx implies the grant of power to the
proved to be illegal and violative not only of the judge to conduct preliminary
Administrative Code but of the Constitution itself investigations
• Court ruled that to remedy the evil and wrong committed, there ♣ Power to approve a license includes by
should be reinstatement and payment of backwages, among implication the power to revoke it
other things • Power to revoke is limited by
• However, there was a legal problem as to his reinstatement, for the authority to grant license,
when he was suspended and eventually dismissed, somebody from which it is derived
was appointed to his position
♣ Power to deport includes the power to
• Issue: whether remedy is denied petitioner arrest undesirable aliens after
• Held: position was never “vacant”. Since there is no vacancy, investigation
the present incumbent cannot be appointed permanently. The
incumbent is only holding a temporary position. Moreover, ♣ Power to appoint vested in the President
the incumbent’s being made to leave the post to give way to includes the power to make temporary
the employee’s superior right may be considered as removal appointments , unless xxx
for cause ♣ Power to appropriate money includes
power to withdraw unexpended money
Grant of jurisdiction already appropriated
• Conferred only by the Constitution or by statute ♣ Etc… see page 171-172
• Cannot be conferred by the Rules of Court
• Cannot be implied from the language of a statute, in the absence Grant of power excludes greater power
of clear legislative intent to that effect • The principle that the grant of power includes all incidental
powers necessary to make the exercise thereof effective
Pimentel v. COMELEC implies the exclusion of those which are greater than that
• COMELEC has appellate jurisdiction over election cases filed conferred
with and decided by the RTC involving municipal elective o Power of supervision DOES NOT INCLUDE power
officials DOES NOT IMPLY the grant of authority upon the to suspend or removal
COMELEC to issue writs of certiorari, prohibition or o Power to reorganize DOES NOT INCLUDE the
mandamus concerning said election cases authority to deprive the courts certain jurisdiction
and to transfer it to a quasi-judicial tribunal
Peo v. Palana o Power to regulate business DOES NOT INCLUDE
• Statute grants a special court jurisdiction over criminal cases power to prohibit
involving offenders under 16 at the time of the filing of the
action, a subsequent statute defining a youthful offender as What is implied should not be against the law
one who is over 9 but below 21 years of age may not be so • Power to appoint includes power to suspend or remove – o
construed as to confer by implication upon said special court Constitutional restriction of CIVIL SERVICE EMPLOYEES, that
the authority to try cases involving offenders 16 but below it must be a cause provided for
21 years of age by law precludes such implication (unless the
appointment was made outside the civil service
What may be implied from grant of jurisdiction law
• The grant of jurisdiction to try actions carries with it all • Power to appoint a public officer by the President includes
necessary and incidental powers to employ all writs, power to remove
processes and other means essential to make its jurisdiction
o Provided that such removal is made with just cause o
effective
Except is such statute provides that term of office to be
• Where a court has jurisdiction over the main cause of action, it
can grant reliefs incidental thereto, even if they would at the pleasure of the appointing officer,
otherwise be outside its jurisdiction power to appoint carries with it power to remove
o E.g. forcible entry and detainer is cognizable in anytime
MTC… MTC can order payment of rentals even • Power to investigate officials DOES NOT INCLUDE the power
though the amount exceeds the jurisdictional to delegate the authority to take testimony of witnesses
amount cognizable by them, the same merely whose appearance may be required by the compulsory
incidental to the principal action process of subpoena. Nor does such power to
investigate include the power to delegate the authority to
• Statutes conferring jurisdiction to an administrative agency must
administer oath
be liberally construed to enable the agency to discharge its
assigned duties in accordance with the legislative purpose
Authority to charge against public funds may not be implied • It is
o E.g. the power granted the NHA to hear and decide
well-settled that unless a statute expressly so authorizes, no claim
claims involving refund and any other claims filed
against public funds may be allowed
xxx, include attorney’s fees and other damages
o Statute grants leave privileges to APPOINTIVE
officials, this cannot be construed to include
Grant of power includes incidental power
ELECTIVE officials
• Where a general power is conferred or duty enjoined, every
particular power necessary for the exercise of one or the o “employer” to pay 13th month pay, does not imply
performance of the other is also conferred that it includes “government
• The incidental powers are those which are necessarily included
in, and are therefore of lesser degree than the power granted
o Examples Illegality of act implied from prohibition
♣ Power to establish an office includes • In pari delicto potior est conditio defendentis - where a statute
prohibits the doing of an act, the act done in violation
 thereof is by implication null and void There should be no penalty from compliance with law • A person who
• Prohibited act cannot serve as foundation of a cause of action complies with what a statute requires cannot, by implication, be
for relief penalized thereby
• Ex dolo malo non oritur actio – no man can be allowed to found • For “simple logic and fairness and reason cannot countenance
a claim upon his own wrongdoing or inequity an exaction or a penalty for an act faithfully done in
• Nullus coomodum capere potest de injuria sua propria – no man compliance with the law” ϑ
should be allowed to take advantage of his own wrong • Public
policy requires that parties to an act prohibited by statute be left
where they are, to make the statute effective and to accomplish its
object
o Party to an illegal contract cannot come to court of
law and ask that his illegal object be carried out
o A citizen who sold his land to an alien in violation of
the constitutional restriction cannot annul the
same and recover the land, for both seller and CHAPTER FIVE: Interpretation of words and
buyer are guilty of having violated the Constitution
phrases IN GENERAL
Two (2) Exceptions to the rule
• Pari delicto doctrine will not apply when its enforcement or Generally
application will violate an avowed fundamental policy or • A word or phrase used in a statute may have an ordinary,
public interest generic, restricted, technical, legal, commercial or trading
meaning
Delos Santos v. Roman Catholic Church • May be defined in the statute – if this is done, use such
• Homestead Law – to give and preserve in the homesteader and definition because this is what the legislature intended • Task:
his family a piece of land for his house and cultivation • The law o ascertain intent from statute
prohibits the alienation of a homestead within 5 years following o ascertain intent from extraneous & relevant
the issuance of the patent and provides that any contract of a circumstance
conveyance in contravention thereof shall be null and void o construe word or phrase to effectuate such intent
• The seller or his heirs, although in pari delicto, may recover the • General rule in interpreting the meaning and scope of a term
land subject of such illegal sale used in the law:
o Review of the WHOLE law involved as well as the
Barsobia v. Cuenco
INTENDMENT of law (not of an isolated part or a
• Another exception is that when the transaction is not illegal particular provision alone)
per se but merely prohibited and the prohibition by law is
designed for protection of one party, the court may grant Statutory definition
relief in favor of the latter • When statute defines words & phrase- legislative definition
controls the meaning of statutory word, irrespective of any
What cannot be done directly cannot be done indirectly • Quando other meaning word have in ordinary usual sense.
aliquid prohibetur ex directo, prohibetur et per obliquum – what • Where a statute defines a word or phrase, the word or phrase,
cannot, by law, be done directly cannot be done indirectly should not by construction, be given a different meaning. •
Legislature restricted meaning as it adopted specific definition,
Peo v. Concepcion thus, this should be used
• Where a corporation is forbidden from doing an act, the • Term or phrase specifically defined in particular law, definition
prohibition extends to the board of directors and to each must be adopted.
director separately and individually • No usurpation of court function in interpreting but it merely
• Where the board of directors is prohibited from granting loans legislates what should form part of the law itself
to its director, a loan to a partnership of which the wife of a
director is a partner falls within the prohibition Victorias Milling Co. v. Social Security Commission <compensation;
Peoples Bank and Trust Co. v. PNB RA 1161, Sec. 8(f)>
• Where a statute prohibits the payment of the principal • “compensation” to include all renumerations, except bonuses,
obligation during a fixed period, the interest thereon during allowances & overtime pay
the existence of the restriction is not demandable
• Definition was amended: deleted “exceptions”
• Legislative Intent: the amendment shows legislative intent that
Cruz v. Tantuico bonuses & overtime pay now included in employee’s
• Law exempts retirement benefits of a public officer or employee renumeration.
from attachment, garnishment etc • Principle: by virtue of express substantial change in
• Earlier law authorizes the government to withhold an amount phraseology, whatever prior judicial or executive
due such officer or employee to pay his indebtedness to the construction should give way to mandate of new law.
government SHOULD NOT BE CONSTRUED to withhold
so much of his retirement benefits as this amount to Peo. v. Venviaje < Chiropractic>
attachment garnishment etc.
• Issue: Whether person who practiced chiropractic without
having been duly licensed, may be criminally liable for
Tantuico, Jr. v Domingo violation of medical law.
• Law exempts retirement benefits of a public officer or employee • Held: Though term “practice of medicine,” chiropractic may in
from attachment, garnishment etc ordinary sense fall within its meaning; statutorily defined -
• Government cannot withhold payment of retirement benefits of includes manipulations employed in chiropractic; thus, one
a public officer until his accountabilities with the who practices chiropractic without license is criminally
government shall have been cleared, as such action is doing liable.
indirectly what the government is prohibited from doing
directly
Chang Yung Fa v. Gianzon< alien> locally manufactured product for export.
• Issue: whether alien who comes into country as temporary
visitor is an “immigrant?” CIR v. Manila Business Lodge 761
• Held: while “immigrant” in ordinary definition- “an alien who • “business” (if unqualified) in tax statute: plain and ordinary
comes to the Philippines for permanent residence”; The meaning to embrace activity or affair where profit is the
Immigration Act makes own definition of term, which is purpose & livelihood is the motive.
“any alien departing from any place outside the Philippines • In this case, a fraternal social club selling liquor at its clubhouse
destined for the Philippines, other than a non-immigrant. in a limited scale only to its members, without intention to
• (so kelangan part siya nung “other than a non-immigrant”.) -> obtain profit
yep yep, Serge! But more importantly, the definition • Not engaged in business.
emphasizes an immigrant, who is an alien, who comes to the
Philippines either to reside TEMPORARILY or Phiippinel Association of Government Retirees v.
PERMANENTLY – no distinction ϑ GSIS < “present value”>
• Statute: “for those who are at least 65 yrs of age, lump sum
• definition of terms given weight in construction payment of present value of annuity for the first 5 years, and
• terms & phrases, being part & parcel of whole statute, given future annuity to be paid monthly. Provided however, that there
effect in their ENTIRTY, as harmonious, coordinated, and shall be no discount from annuity for the first 5 yrs. of those who
integrated unit are 65 yrs or over, on the day the law took effect.” • Vocabulary:
• words & phrases construed in light of context of WHOLE o lump sum - amount of money given in single
statute. payment
o annuity - amount of money paid to somebody yearly
Qualification of rule or at some other regular interval
• Statutory definition of word or term controlling only as used in • Should there be discount from the present value of his annuity?
the Act; • NO. Used in ordinary sense as said law grants to the retired
• not conclusive as to the meaning of same word or term in other employee substantial sum for his sustenance considering his
statutes age. Any doubt in this law should be ruled in his favor.
• Especially to transactions that took place prior to enactment of
act. Matuguina Integrated Wood Products Inc. v. CA
• Statutory definition controlling statutory words does not apply • Whether transferee of a forest concession is liable for
when: obligations arising from transferor’s illegal encroachment
o application creates incongruities into another forest concessionaire, which was committed
prior to the transfer
o destroy its major purposes
• Sec. 61 of PD 705 “the transferee shall assume all the
o becomes illogical as result of change in its factual obligations of the transferor.”
basis. • Court held that the transferee is NOT liable and explained:
“Obligations” construed to mean obligations incurred by
Ernest v. CA < RA 4166 & EO 900, 901> transferor in the ordinary course of business. Not those as a
• “sugarcane planter” is defined as a planter-owner of sugarcane result of transgressions of the law, as these are personal
plantation w/in particular sugar mill district, who obligations of transferor.
has been allocated export and/or domestic & reserve sugar • Principle: Construe using ordinary meaning & avoid absurdity.
quotas.
• Statutory definition excludes emergency, non-quota, non district
and accommodation planters, they having no sugar quota. Mustang Lumber, Inc. v CA
However, in 1955, quota system abolished • Statute: Sec. 68 PD 705 - penalizes the cutting, gathering & or
• With change in situation, illogical to continue adhering to collecting timber or other forest products without a license.
previous definition that had lost their legal effect. • Is “lumber” included in “timber”
Amadora v. CA • Reversing 1struling, SC says lumber is included in timber. •
“The Revised Forestry Code contains no definition of timber or
• However, where statute remains unchanged, interpreted lumber. Timber is included in definition of forestry products par
according to its clear and original mandate; until legislature (q) Sec.3. Lumber - same definitions as “processing plants”
taking into account changes subjected to be regulated, sees
fit to enact necessary amendment. • Processing plant is any mechanical set-up, machine or
combination of machine used for processing of logs & other
Words construed in their ordinary sense forest raw materials into lumber veneer, plywood etc… p.
183.
• General rule: In the absence of legislative intent, words and
phrases should be given their plain, ordinary, and common • Simply means, lumber is a processed log or forest raw material.
usage meaning. The Code uses lumber in ordinary common usage. In 1993
• Should be read and considered in their natural, ordinary, ed. of Webster’s International Dictionary, lumber is defined
commonly accepted, and most obvious signification, as timber or logs after being prepared for the market.
according to good and approved usage and without resulting Therefore, lumber is a processed log or timber. Sec 68 of PD
to forced or subtle construction. 705 makes no distinction between raw & processed timber.

Central Azucarera Don Pedro v. Central Bank General words construed generally
• A statute “exempts certain importations from tax and foreign • Generalia verba sunt generaliter intelligenda - what is
exchange, which are actually used in the manufacture or generally spoken shall be generally understood; general
preparation of local products, forming part thereof.” words shall be understood in a general sense.
• “Forming part thereof” not to mean that the imported products • Generale dictum generaliter est interpretandum - a general
have to be mixed mechanically, chemically, materially into statement is understood in a general sense
the local product & lose its identity.
• Means that the imported article is needed to accomplish the • In case word in statute has both restricted and general meaning,
 GENERAL must prevail; Unless nature of the subject matter Words with commercial or trade meaning
& context in which it is employed clearly indicates that the •Words or phrases common among merchants and traders,
limited sense is intended. acquire commercial meanings.
•General words should not be given a restricted •When any of words used in statute, should be given such trade or
meaning when no restriction is indicated. commercial meaning as has been generally understood
• Rationale: if the legislature intended to limit the meaning among merchants.
of a word, it would have been easy for it to have done •Used in the following: tariff laws, laws of commerce, laws for
so. the government of the importer.
•The law to be applicable to his class, should be construed as
Application of rule universally understood by importer or trader.

Gatchalian v. COMELEC
• “foreigner”- in Election Code, prohibiting any foreigner from Asiatic Petroleum Co. v. CIR
contributing campaign funds includes juridical person • “person”- • No tax shall be collected on articles which, before its taking
comprehends private juridical person effect, shall have been “disposed of”
• “person”- in penal statute, must be a “person in law,” an •Lay: parting away w/ something
artificial or natural person
•Merchant: to sell (this must be used)
Vargas v. Rillaroza
San Miguel Corp. v. Municipal Council of Mandaue
• “judge” without any modifying word or phrase accompanying it
is to be construed in generic sense to comprehend all kinds •“gross value of money”
of judges; inferior courts or justices of SC. •Merchant: “gross selling price” which is the total amount of
money or its equivalent which purchaser pays to the vendor
to receive the goods.
C & C Commercial Corp v. NAWASA
• “government” - without qualification should be understood in
Words with technical or legal meaning
implied or generic sense including GOCCs.
•General rule: words that have, or have been used in, a technical
sense or those that have been judicially construed to have a
Central Bank v. CA
certain meaning should be interpreted according to the sense
• “National Government” - refers only to central government, in which they have been PREVIOUSLY used, although the
consisting of executive, legislative and judiciary, as well as sense may vary from the strict or literal meaning of the
constitutional bodies ( as distinguished from local words
government & other governmental entities) Versus-> •Presumption: language used in a statute, which has a technical or
• “The Government of the Republic of the Philippines” or well-known meaning, is used in that sense by the legislature
“Philippine Government” – including central governments
as well as local government & GOCCs. Manila Herald Publishing Co. v. Ramos
•Sec 14 of Rule 59 of Rules of Court which prescribes the steps
Republic Flour Mills v. Commissioner of Customs to be taken when property attached is claimed by a person
• “product of the Philippines” – any product produced in the other than the defendant or his agent
country, e.g. bran (ipa) & pollard (darak) produced from • Statute: “nothing herein contained shall prevent such third
wheat imported into the country are “products of the person from vindicating his claim to the property by any
Philippines” proper action.”
Generic term includes things that arise thereafter
• Issue: “proper action” limits the 3 rd party’s remedy to intervene
in the action in which the writ of attachment is issued
• Progressive interpretation - A word of general signification •Held: “action” has acquired a well-defined meaning as an
employed in a statute, in absence of legislative intent, to “ordinary suit in a court of justice by which one party
comprehend not only peculiar conditions obtaining at its prosecutes another for the enforcement or protection of a
time of enactment but those that may normally arise after its right or prevent redress or wrong…
approval as well
• Progressive interpretation extends to the application of statute to While…
all subjects or conditions within its general purpose or scope •Sec 2 Rule 2 of Rules of Court; “Commencement of Action”
that come into existence subsequent from its passage •Statute: “Civil action may be commenced by filing a complaint
• Rationale: to keep statute from becoming ephemeral (short with the proper court”
lived) and transitory (not permanent or lasting). •Word: commencement - indicates the origination of entire
• Statutes framed in general terms apply to new cases and proceeding
subjects that arise.
• General rule in StatCon: Legislative enactments in general • It was appropriate to use proper action (in 1 st statute) than
comprehensive operation, apply to persons, subjects and intervention, since asserted right of 3rd party claimant
businesses within their general purview and scope coming necessarily flows out of pending suit; if the word
into existence subsequent to their passage. ‘intervention’ is used, it becomes strange.

Geotina v. CA Malanyaon v. Lising

• “articles of prohibited importation” - used in Tariff and Customs • Sec. 13 of Anti-Graft Law
Code embrace not only those declared prohibited at time of • Statute: “ if a public officer is acquitted, he shall be entitled to
adoption, but also goods and articles subject of activities reinstatement and to his salaries and benefits which he
undertaken in subsequent laws. failed to receive during the suspension”
• Issue: Will a public officer whose case has been dismissed not
Gatchalian v. COMELEC “acquitted” be entitled to benefits in Sec. 13?
• “any election” - not only the election provided by law at that • Held: No. Acquittal (legal meaning) - finding of not guilty
time, but also to future elections including election of based on the merit.
delegates to Constitutional Convention • Dismissal does not amount to acquittal except when, the
 dismissal comes after the prosecution has presented all its states that, “the power of recall… shall be exercised by the
evidence and is based on insufficiency of such evidence. registered voters of an LGU to which the local elective
official belongs.”
Rura v. Lopena • Hence, not apply to all recall proceedings since power vested in
•Probation law - Disqualified from probation those: “who have electorate is power to elect an official to office and not
been previously convicted by final judgment of an offense power to initiate recall proceedings.
punished by imprisonment of not less than 1 month & a fine
of no less than Php 200.” • Word or provision should not be construed in isolation form but
•Issue: “previously convicted” should be interpreted in relation to other provisions of a
•Held: it refers to date of conviction, not date of commission of statute, or other statutes dealing on same subject in order to
crime; thus a person convicted on same date of several effectuate what has been intended.
offenses committed in different dates is not disqualified.
Garcia v. COMELEC
• History of statute:
o In the Constitution, it requires that legislature shall
How identical terms in the statute construed provide a system of initiative and referendum
• General rule: a word or phrase repeatedly used in a statute will whereby people can directly approve or reject any
bear the same meaning throughout the statute; unless a different act or law or part thereof passed by Congress or
intention is clearly expressed. local legislative body.
• Rationale: word used in statute in a given sense presumed to o Local Govt. Code, a later law, defines local initiative
be used in same sense throughout the law. Though rigid and
as “process whereby registered voters of
peremptory, this is applicable where in the statute the words
appear so near each other physically, particularly where the an LGU may directly propose, enact, or amend any
word has a technical meaning and that meaning has been ordinance.”
defined in the statute. ♣ It is claimed by respondents that since
resolution is not included in this
De la Paz v. Court of Agrarian Relations <“Riceland”> • share definition, then the same cannot be
tenancy - average produce per hectare for the 3 agricultural years subject of an initiative.
next preceding the current harvest • Issue: whether a local resolution of a municipal council can be
• leasehold - according to normal average harvest of the 3 subject to an initiative and referendum?
preceding yrs • Held: We reject respondent’s narrow and literal reading of
• “Year”- agricultural year not calendar year above provision for it will collide with the Constitution and
• “Agricultural year” - represents 1 crop; if in 1 calendar yr 2 will subvert the intent of the lawmakers in enacting the
crops are raised that’s 2 agricultural years. provisions of the Local Government Code (LGC) of 1991 on
initiative & referendum
• The subsequent enactment of the LGC did not change the scope
Krivenko v. Register of Deeds of its coverage. In Sec. 124 of the same code. It states: (b)
• Statute: In Sec.1 , Art. XIII of 1935 Constitution - “public Initiative shall extend only to subjects or matters which are
agricultural lands shall not be alienated” except in favor of within the legal powers of the Sanggunians to enact.”
Filipinos, SAME as Sec. 5 “no private agricultural land shall • This provision clearly does not limit the application of local
be transferred or assigned.” initiative to ordinances, but to all “subjects or matters which
• both have same meaning being based on same policy of are within the legal powers of the Sanggunians to enact,
nationalization and having same subject. which undoubtedly includes resolutions.”

Meaning of word qualified by purpose of statute Gelano v. C.A.

• Purpose may indicate whether to give word, phrase, ordinary, • In Corporation Law, authorizes a dissolved corporation to
technical, commercial restricted or expansive meaning. continue as a body corporate for 3 yrs. for the purpose of
• In construing, court adopts interpretation that accords best with defending and prosecuting suits by or against it, and during
the manifest purpose of statute; even disregard technical or said period to convey all its properties to a “trustee” for
legal meaning in favor of construction which will effectuate benefits of its members, stockholders, creditors and other
intent or purpose. interested persons, the transfer of the properties to the trustee
being for the protection of its creditors and stockholders.
• Word “trustee” - not to be understood in legal or technical
sense, but in GENERAL concept which would include a
lawyer to whom was entrusted the prosecution of the cases
Word or phrase construed in relation to other provisions • General for recovery of sums of money against corporation’s
rule: word, phrase, provision, should not be construed in isolation debtors.
but must be interpreted in relation to other provisions of the law.
• This is a VARIATION of the rule that, statute should be Republic v. Asuncion
construed as a whole, and each of its provision must be • Issue: Whether the Sandiganbayan is a regular court within the
given effect. meaning of R.A. 6975?
Claudio v. COMELEC
• Statute: RA 6975 which makes criminal actions involving
members of the PNP come “within the exclusive jurisdiction
• Statute (LGC): “No recall shall take place within 1 yr from the
of the regular courts.
date of the official’s assumption of office or 1 year
immediately preceding a regular election” • Used “regular courts” & “civil courts” interchangeably • Court
martial - not courts within the Philippine Judicial System; they
• Issue: Does the 1st limitation embraces the entire recall pertain to the executive department and simply instrumentalities
proceedings (e.g. preparatory recall assemblies) or only the of the executive power.
recall election?
• Held: the Court construed “recall” in relation to Sec.69 which • Regular courts - those within the judicial department of the
government namely the SC and lower courts which includes
 the Sandiganbayan. river.
• Held: Courts considered the purpose of the law which is to • Held: Used in a more broader sense referring to a property
remove from the court martial, the jurisdiction over criminal having a water frontage, when it mentioned “foreshore
cases involving members of the PNP and to vest it in the lands,” “marshy lands,” or “lands covered with water.”
courts within the judicial system.
Peo. v. Ferrer
Molina v. Rafferty • (case where context may limit the meaning)
• Issue: Whether “Agricultural products” includes domesticated • Word: “Overthrow”
animals and fish grown in ponds. • Statute: Anti-Subversion Act “knowingly & willfully and by
• Statute: Phrase used in tax statute which exempts such products overt acts.”
from payment of taxes, purpose is to encourage the • Rejects the metaphorical “peaceful” sense & limits its meaning
development of such resources. to “overthrow” by force or violence.
• Held: phrase not only includes vegetable substances but also
domestic and domesticated animals, animal products, and
fish or bangus grown in ponds. Court gave expansive
meaning to promote object of law. Peo. v. Nazario
• Statute: Municipal tax ordinance provides “any owner or
Munoz & Co. v. Hord manager of fishponds” shall pay an annual tax of a fixed
• Issue: “Consumption” limited or broad meaning amount per hectare and it appears that the owner of the
• Statute: word is used in statute which provides that “except as fishponds is the government which leased them to a private
herein specifically exempted, there shall be paid by each person who operates them
merchant and manufacturer a tax at the rate of 1/3 of 1% on • Word: “Owner” – does not include government as the ancient
gross value of money in all goods, wares and merchandise principle that government is immune from taxes.
sold, bartered, or exchanged for domestic consumption.
• Held: Considering the purpose of the law, which is to tax all Where the law does not distinguish
merchants except those expressly exempted, it is reasonable
and fair to conclude that legislature used in commercial use • Ubi lex non distinguit, nec nos distinguere debemus - where the
and not in limited sense of total destruction of thing sold. law does not distinguish, courts should not distinguish. •
Corollary principle: General words or phrases in a statute should
Mottomul v. de la Paz ordinarily be accorded their natural and general significance
• Issue: Whether the word “court” refers to the Court of Appeals • General term or phrase should not be reduced into parts and one
or the trial court? part distinguished from the other to justify its exclusion from
operation.
• Statute: RA 5343 Effect of Appeal- Appeal shall not stay the • Corollary principle: where the law does not make any
award, order, ruling, decision or judgment unless the officer exception, courts may not except something therefrom,
or body rendering the same or the court, on motion, after unless there a compelling reason to justify it.
hearing & on such terms as it may deem just should provide • Application: when legislature laid down a rule for one class, no
otherwise. difference to other class.
• Held: It refers to the TRIAL COURT. If the adverse party Presumption: that the legislature made no qualification in the
intends to appeal from a decision of the SEC and pending general use of a term.
appeal desires to stay the execution of the decision, then the
motion must be filed with and be heard by the SEC before
Robles v. Zambales Chromite Co.
the adverse party perfects its appeal to the Court of Appeals.
• Statute: grants a person against whom the possession of “any
• Purpose of the law: the need for immediacy of execution of land” is unlawfully withheld the right to bring an action for
decisions arrived at by said bodies was imperative.
unlawful detainer.
• Held: any land not exclusive to private or not exclusively to
Meaning of term dictated by context public; hence, includes all kinds of land.
• The context in which the word or term is employed may dictate
a different sense
Director of Lands v. Gonzales
• Verba accipienda sunt secundum materiam- a word is to be • Statute: authorizes the director of lands to file petitions for
understood in the context in which it is used. cancellation of patents covering public lands on the ground
therein provided.
People v. Chavez • Held: not distinguished whether lands belong to national or
• Statute: Family home extrajudicially formed shall be exempt local government
from execution, forced sale or attachment, except for “non
payment of debts” SSS v. City of Bacolod
• Word “debts” – means obligations in general. • Issue: exempts the payment of realty taxes to “properties owned
by RP”
Krivenko v. Register of Deeds • Held: no distinction between properties held in sovereign,
• Statute: lands were classified into timber, mineral and governmental, or political capacity and those possessed in
agricultural proprietary or patrimonial character.
• Word “agricultural” – used in broad sense to include all lands
that are neither timber, nor mineral, such being the context Velasco v. Lopez
in which the term is used. • Statute: certain “formalities” be followed in order that act may
be considered valid.
Santulan v. Executive. Secretary. • Held: no distinction between essential or non-essential
• Statute: A riparian owner of the property adjoining foreshore formalities
lands, marshy lands or lands covered with water bordering
upon shores of banks of navigable lakes shall have Colgate-Palmolive Phils v. Gimenez
preference to apply for such lands adjoining his property. • Statute: does not distinguish between “stabilizer and flavors”
• Fact: Riparian - one who owns land situated on the banks of used in the preparation of food and those used in the
 manufacture of toothpaste or dental cream • Issue: whether provision of RA 2625, that government
employees are entitled to 15 days vacation leaves of absence
Oliva v. Lamadrid with full pay and 15 days sick leaves with full pay,
• Statute: allows the redemption or repurchase of a homestead exclusives of Saturday, Sundays or holidays in both cases,
property w/in 5 years from its conveyance applies only to those who have leave credits and not to those
• Held: “conveyance” not distinguished - voluntary or who have none.
involuntary. • Held: Law speaks of granting of a right and does not distinguish
between those who have accumulated and those who have
Escosura v. San Miguel Brewery Inc. none.
• Statute: grants employee “leaves of absence with pay” • Held:
“with pay” refers to full pay and not to half or less than full pay; Pilar v. COMELEC
to all leaves of absence and not merely to sick or vacation leaves. • Statute: RA 7166 provides that “Every candidate shall, within
30 days after the day of the election file xxx true and
Olfato v. COMELEC itemized statement of all contributions and expenditures in
• Statute: makes COMELEC the sole judge of “all pre connection with the election.
proclamation controversies” • Held: Law did not distinguish between a candidate who pushed
• Held : “all” – covers national, provincial, city or municipal through and one who withdrew it.
• “Every candidate” refers to one who pursued and even to those
Phil. British Assurance Co. v. Intermediate Apellate Court • Statute: A who withdrew his candidacy.
counterbond is to secure the payment of “any judgment,” when
execution is returned unsatisfied Sanciagco v. Rono
• Held: “any judgment” includes not only final and executory but • (where the distinction appears from the statute, the courts
also judgment pending appeal whose execution ordered is should make the distinction)
returned unsatisfied. • Statute: Sec 13 of BP Blg. 697 which provides that: “Any
person holding public appointive or position shall ipso facto
Ramirez v. CA cease in office or position as of the time he filed his
• Statute: “Act to Prohibit & Penalize Wire Tapping and Other certificate of candidacy”
related Violations of Private Communications and Other • Governors, mayors, members of various sanggunians or
Purposes” barangay officials shall upon the filing of candidacy, be
• “It shall be unlawful, not being authorized by all the parties to considered on forced leave of absence from office
any private communication or spoken word, to tap any wire
or cable, or by using any other device or arrangement…” • Facts: an elective Barangay. Captain was elected President of
Association of Barangay Councils and pursuant thereto
• Issue: Whether violation thereof refers to the taping of a appointed by the President as member of the Sanggunian
communication other than a participant to the Panlungsod. He ran for Congress but lost.
communication or even to the taping by a participant who
did not secure the consent of the party to the conversations. • Issue: He then wants to resume his duties as member of
• Held: Law did not distinguish whether the party sought to be sangguiniang panlungsod. He was merely forced on leave
penalized ought to be party other than or different from when he ran for Congress.
those involved in the private communication. The intent is to • Held: the Secretary of Local Government denied his request;
penalize all persons unauthorized to make any such being an appointive sanggunian member, he was deemed
recording, underscored by “any” automatically resigned when he filed his certificate of
candidacy.
Ligget & Myers Tobacco Co. v. CIR
• Statute: imposes a “specific tax” on cigarettes containing Garvida v. Sales, Jr.
Virginia tobacco …. Provided that of the length exceeds 71 • Issue: whether petitioner who was over 21 but below 22 was
millimeters or the weight per thousand exceeds 1¼ kilos, the qualified to be an elective SK member
tax shall be increased by 100%.
• Statute: Sec.424 of the LGC provides that a member of the
• Issue: whether measuring length or weight of cigars, filters Katipunan ng Kabataan must not be 21 yrs old.
should be excluded therefrom, so that tax would come under
the general provision and not under the proviso? • Sec. 428 as additional requirement provides that elective
• Held: Not having distinguished between filter and non-filter official of Sangguniang Kabataan must not be more than 21
cigars, court should not distinguish. yrs. “on the day of election”
• Held: the distinction is apparent: the member may be more than
21 years of age on election day or on the day he registers as
member of Katipunan ng Kabataan. But the elective official,
Tiu San v. Republic must not be more than 21 years of age on the day of election.
• Issue: whether the conviction of an applicant for naturalization
for violation of a municipal ordinance would disqualify him Disjunctive and conjunctive words
from taking his oath as a citizen. • Word “or” is a disjunctive term signifying disassociation and
• Statute: An applicant may be allowed to take his oath as a independence of one thing from each other.
citizen after 2 years from the promulgation of the decision
granting his petition for naturalization if he can show that Peo v. Martin
during the intervening period “he has not been convicted of • Statute: Sec. 40 of Commonwealth Act 61, punishes “any
any offense or violation of government rules” individual who shall bring into or land in the Philippines or
• Held: law did not make any distinction between mala in se and conceals or harbors any alien not duly admitted by any
mala prohibita. Conviction of the applicant from immigration officer…
violation of municipal ordinance is comprehended within the • does not justify giving the word a disjunctive meaning, since
statute and precludes applicant from taking his oath. the words “bring into” “land”, “conceals” and “harbors”
being four separate acts each possessing its distinctive,
Peralta v. CSC different and disparate meaning.
 CIR v. Manila Jockey Club • Stat: Sec. 458 of LGC authorized local government units to
• Statute: imposes amusement taxes on gross receipts of prevent or suppress “Gambling & other prohibited games of
“proprietor, lessee, or operator of amusement place” chance.”
• Held: “or” implies that tax should be paid by either proprietor, • “Gambling” – refers only to illegal gambling, like other
lessee, or operator, as the case may be, single & not by all at prohibited games of chance, must be prevented orsuppressed
the same time. & not to gambling authorized by specific statutes.

• Use of “or” between 2 phrases connotes that either phrase Carandang v. Santiago
serves as qualifying phrase. • Issue: Whether an offended party can file a separate and
• “or” means “and”, WHEN THE SPIRIT OR CONTEXT OF independent civil action for damages arising from physical
THE LAW SO WARRANTS injuries during pendency of criminal action for frustrated
homicide.
Trinidad v. Bermudez (e.g. of “or” to mean “and”) • Statute: Art. 33 of Civil Code “in case of defamation, fraud, &
• Statute: Sec. 2, Rule 112 of Rules of Court authorizing physical injuries…”
municipal judges to conduct “preliminary examination or • Held: Court ruled that “physical injuries” not as one defined in
investigation” RPC, but to mean bodily harm or injury such as physical
injuries, frustrate homicide, or even death.
• “or” equivalent of “that is to say”
Co Kim Chan v. Valdez Tan Keh
SMC v. Municipality of Mandaue (e.g. of “or” equivalent of “that is to • Issue: Whether proceedings in civil cases pending in court
say”) under the so called Republic of the Philippines established
• Ordinance: imposes graduated quarterly fixed tax • “based on during the Japanese military occupation are affected by the
the gross value in money or actual market value” of articles; proclamation of Gen. McArthur issued on October 23,
phrase “or actual market value” intended to explain “gross value 1944 that “all laws, regulations and processes of any other
in money.” government in the Philippines than that of the said
Commonwealth are null and void and without legal effect.”
• “or” means successively • “Processes” does not refer to judicial processes but to the
• Statute: Art. 344 of the Revised Penal Code - “the offenses of executive orders of the Chairman of the Philippine
seduction, abduction, rape or acts of lasciviousness, shall not Executive Committee, ordinances promulgated by the
be prosecuted except upon a complaint by the offended party President of so-called RP, and others that are of the same
or her parents, grandparents or guardian….” class as the laws and regulations with which the word
“processes” is associated.
• Although these persons are mentioned disjunctively, provision
must be construed as meaning that the right to institute a
criminal proceeding is exclusively and successively reposed
in said persons in the order mentioned, no one shall proceed Commissioner of Customs v. Phil. Acetylene Co.
if there is any person previously mentioned therein with • Statute: Sec. 6 of RA 1394 provides that “tax provided for in
legal capacity to institute the action. Sec. 1 of this Act shall not be imposed against the
importation into the Philippines of machinery or raw
• “And” is a conjunction pertinently defined as meaning “together materials to be used by new and necessary industry xxx;
with,” “joined with,” “along with,” “added to or linked to” machinery equipment, spare parts, for use of industries…”
• Issue: Is the word “industries” used in ordinary, generic sense,
o Never to mean “or”
which means enterprises employing relatively large
o Used to denote joinder or union amounts of capital and/or labor?
• “and/or” - means that effect should be give to both conjunctive
and disjunctive term • Held: Since “industries” used in the law for the 2 nd time “is
classified together” with the terms miners, mining
o term used to avoid construction which by use of
industries, planters and farmers, obvious legislative intent
disjunctive “or” alone will exclude the is to confine the meaning of the term to activities that tend
combination of several of the alternatives or by the to produce or create or manufacture such as those miners,
use of conjunctive “and” will exclude the efficacy mining enterprises, planters and farmers.
of any one of the alternatives standing alone. • If used in ordinary sense, it becomes inconsistent and illogical

ASSOCIATED WORDS Peo. v. Santiago

• Issue: Whether defamatory statements through the medium of
Noscitur a sociis an amplifier system constitutes slander or libel?
• where a particular word or phrase is ambiguous in itself or • Libel: committed by means of “writing, printing, lithography,
equally susceptible of various meanings, its correct engraving, radio, cinematographic exhibiton.” • It is argued that
construction may be made clear and specific by considering “amplifier” similar to radio
the company of words in which it is found or with which it • Held: No. Radio should be considered as same terms with
is associated. writing and printing whose common characteristic is the
• to remove doubt refer to the meaning of associated or “permanent means of publication.”
companion words
San Miguel Corp. v. NLRC
Buenaseda v. Flavier • Issue: Whether claim of an employee against his employer for
• Statute: Sec. 13(3), Art XI of the Constitution grants cash reward or submitting process to eliminate defects in
Ombudsman power to “Direct the officer concerned to take quality & taste of San Miguel product falls within
appropriate action against a public official or employee at jurisdiction of the labor arbiter of NLRC?
fault, and recommend his removal, suspension, demotion, • Held: No. Outside of jurisdiction. Not necessary that entire
fine censure or prosecution. universe of money claims under jurisdiction of labor arbiter
• “suspension” – is a penalty or punitive measure not preventive but only those to 1.) unfair labor practices, 2.) claims
concerning terms & conditions of employment 4.) claims
Magtajas v. Pryce Properties Corp. relating to household services 5.) activities prohibited to
 employers & employees. propaganda gadgets, pens, lighters, fans, flashlights, athletic
• Statute: “jurisdiction of Labor Arbiters and the NLRC, as last goods, materials and the like”
amended by BP Blg. 227 including paragraph 3 “all money • Held: and the like, does not embrace taped jingles for campaign
claims of workers, including hose based on nonpayment or purposes
underpayment of wages, overtime compensation,
separation pay, and other benefits provided by law or Murphy, Morris & Co. v. Collector of Customs
appropriate agreement, except claims for employees • Statute: Dynamos, generators, exciters, and other machinery for
compensation, social security, medicare and maternity the generation of electricity for lighting or for power; • Held:
benefits.” phrase “other machinery” would not include steam
turbines, pumps, condensers, because not same kind of
Ebarle v. Sucaldito machinery with dynamos, generators and exciters.
• Statute: EO 265 outlines the procedure which complainants
charging government officials and employees with Vera v. Cuevas
commission of irregularities should be guided, applies to • Statute: all condensed skimmed milk and all milk in whatever
criminal actions or complaints. form shall be clearly and legibly marked on its immediate
• EO 265 – “complaints against public officials and employees containers with words: “This milk is not suitable for
shall be promptly acted upon and disposed of by the officials nourishment for infants less than 1 year of age”
or authorities concerned in accordance with pertinent laws • Held: restricts the phrase “all milk in whatever form,” excluded
and regulations so that the erring officials and employees filled milk.
can be soonest removed or otherwise disciplines and the
innocent, exonerated or vindicated in like manner, and to the Graphilon v. Municipal Court of Cigara
end also that other remedies, including court action, may be
• Statute: the vice-mayor shall be entitled to assume the office of
pursued forthwith by the interested parties, after
the mayor during the absence, suspension or other temporary
administrative remedies shall have been exhausted”
disability
• Held: executive order does not apply to criminal actions. The • Held: anything which disables the mayor from exercising the
term is closely overshadowed by the qualification - “After power and prerogatives of his office, since “their temporary disability”
administrative remedies shall have been exhausted,” which follows the words “absence” and “suspension” Peo. v. Magallanes
suggest civil suits subject to previous administrative actions. • Where a law grants a court exclusive jurisdiction to hear and
decide “offenses or felonies committed by public officials
Mottomul v. dela Paz and employees in relation to their office,” the phrase “IN
• Issue: Whether the word ‘court’ in Sec 5, Art 5434: Appeal RELATION TO THEIR OFFICE” qualifies or restricts the
shall not stay the award, order, ruling, decision or judgment offense to one which cannot exist without the office, or the
unless the officer or body rendering the same or the court, office is a constituent element of the crime defined in the
on motion after hearing, and on such terms as it may deem statute or one perpetuated in the performance, though
just should provide otherwise. The propriety of a stay improper or irregular, of his official functions
granted by the officer or body rendering the award, order,
ruling, decision or judgment may be raised only by motion
in the main case,” refers to the CA or to the Court of Cu Unjieng Sons, Inc. v. Bord of Tax Appeals
Agrarian Relations? • Issue: whether losses due to the war were to be deductible from
• Held: Correct construction made clear with reference to Sec. 1 gross income of 1945 when they were sustained, or in 1950
of RA 5434, where the court, officers or bodies whose when Philippine War Damage Commission advised that no
decision, award are appealable to the Court of Appeals, payment would be made for said losses?
enumerated as follows: Court of Agrarian Relations, Sec. • Statute: “In the case of a corporation, all losses actually
of Labor, Social Security Commission etc…; From sustained and not charged off within the taxable year and not
grouping, the enumeration in Sec. 5 means Court of compensated for by insurance or otherwise.”
Agrarian Relations not CA. • Contention: the assurances of responsible public officials before
the end of 1945 that property owners would be compensated
Ejusdem generis (or the same kind or species) for their losses as a result of the war sufficed to place the
• General rule: where a general word or phrase follows an losses within the phrase “compensated xxx otherwise” than
enumeration of particular and specific words of the same by insurance
class or where the latter follow the former, the general
word or phrase is to be construed to include, or to be
• Held: Rejected! “Otherwise” in the clause “compensated for by
insurance or otherwise” refers to compensation due under a
restricted to, persons, things or cases akin to, resembling,
title analogous or similar to insurance. Inasmuch as the latter
or of the same kind or class as those specifically
is a contract establishing a legal obligation, it follows that in
mentioned.
order to be deemed “compensated for xxx ‘otherwise,’ the
• Purpose: give effect to both particular or general words, by losses sustained by a taxpayer must be covered by a
treating the particular words as indicating the class and the judicially enforceable right, springing from any of the
general words as indicating all that is embraced in said juridical sources of obligations, namely, law, contract, quasi
class, although not specifically named by the particular contract, torts, or crimes,” and not mere pronouncement of
words. public officials
• Principle: based on proposition that had the legislature
intended the general words to be used in their generic and
Cebu Institute of Technology v. Ople
unrestricted sense, it would have not enumerated the
specific words. • Issue: Whether teachers hired on contract basis are entitled to
service incentive leave benefits as against the claim that
• Presumption: legislators addressed specifically to the
they are not so?
particularization
• Statute: Rule V of IRR of Labor Code: “This rule (on service
incentive leaves) shall apply to all employees, except “filed
Illustration personnel and other employees whose performance is
unsupervised by the employer including those who are
Mutuc v. COMELEC engaged on task or contract basis.”
• Statute: Act makes unlawful the distribution of electoral • Held: “those who were employed on task or contract basis”
 should be related with “field personnel,” apply the prohibition weapons other than armas blancas therein
principle, clearly teachers are not field personnel and specified.
therefore entitled to service incentive leave benefits.
Cagayan Valley Enterprises, Inc. v. CA – previous page, sa kabilang
Cagayan Valley Enterprises v. CA column ϑ
• Issue: whether the phrase “other lawful beverages” which gives
protection to manufacturer with the Phil. Patent Office its Roman Catholic Archbishop of Manila v. Social Security Commission
duly stamped or marked bottles used for “soda water, • Issue: a religious institution invoking ejusdem generi whether
mineral or aerated waters, cider, milk, cream or other lawful ‘employer” be limited to undertaking an activity which has an element
beverages,” includes hard liquor?
of profit or gain?
• Statute title: “An Act to regulate the use of stamped or marked
• Statute: “any person, natural or juridical, domestic or foreign,
bottles, boxes, casks, kegs, barrels, & other similar
who carried in the Philippines any trade, business,
containers.”
industry…. and uses the services of another person, who
• Held: The title clearly shows intent to give protection to all under his orders as regard the employment, except the
marked bottles of all lawful beverages regardless of nature Government, and any of its political subdivisions branches
of contents. or instrumentalities and GOCCs”.
National Power Corp. v. Angas • Held: No. the rule of ejusdem generis applies only when there
• Issue: whether the term judgment, refers to any judgment is uncertainty. The definition is sufficiently comprehensive
directing the payment of legal interest. to include charitable institutions and charities not for profit;
• Statute: Central Bank Circular # 416 – “by virtue of the it contained exceptions which said institutions and entities
authority granted to it under Sec. 1 of Act Number 2655, as are not included.
amended, otherwise known as Usury Law, the Monetary
Board in a resolution prescribed that the rate of interest for Expressio unius est exclusion alterius
loan or forbearance of any money, good or credit & the rate • The express mention of one person, thing or consequence
allowed in judgment in the absence of express contract shall implies the exclusion of all others.
be 12% per annum. • Rule may be expressed in a number of ways:
• Held: Judgments should mean only judgments involving loans o Expressum facit cessare tacitum - what is expressed
or forbearance money, goods or credit, these later specific puts an end to that which is implied
terms having restricted the meaning “judgments” to those where a statute, by its terms, is expressly limited to
same class or the same nature as those specifically certain matters, it may not, by interpretation or
enumerated. construction, be extended to other matters.

Republic v. Migrino
o Exceptio firmat regulam in casibus non exceptis - A
• Facts: retired military officer was investigated by the PCGG for thing not being excepted must be regarded as
violation of Anti-Graft Act in relation to EO # 1 & 2 coming within the purview of the general rule
authorizing the PCGG to recover ill-gotten wealth from the o Expressio unius est exclusion alterius - The
former President’s “subordinates and close associates” expression of one or more things of a class implies
• Issue: Does PCGG have jurisdiction to investigate such military the exclusion of all not expressed, even though all
officer for being in service during the administration of the would have been implied had none been expressed;
former President? opposite the doctrine of necessary implication
• Held: “Subordinates” refers only to one who enjoys close
association or relation to the former President and his wife; Negative-opposite doctrine
term “close associates” restricted the meaning of • Argumentum a contrario- what is expressed puts an end to
“subordinates” what is implied.
Limitations of ejusdem generis Chung Fook v. White
• Requisites: • Statute: case exempts the wife of a naturalized American from
o Statute contains an enumeration of particular & detention, for treatment in a hospital, who is afflicted with a
specific words, followed by general word or contagious disease.
phrase • Held: Court denied petition for writ of habeas corpus (filed by
o Particular and specific words constitute a class or are the native-born American citizen on behalf of wife detained
the same kind in hospital), court resorted to negative-opposite doctrine,
o Enumeration of the particular & specific words is not stating that statute plainly relates to wife of a naturalized
exhaustive or is not merely by examples citizen & cannot interpolate “native-born” citizen.
o There is no indication of legislative intent to give the • Analysis: court’s application results to injustice (as should not
general words or phrases a broader meaning discriminate against native-born citizens), which is not intent
of law, should have used doctrine of necessary implication.
• Rule of ejusdem generis, is not of universal application; it
should use to carry out, not defeat the intent of the law. Application of expression unius rule
• Generally used in construction of statutes granting powers,
US v. Santo Nino creating rights and remedies, restricting common rights,
• Statute: It shall be unlawful to for any person to carry imposing rights & forfeitures, as well as statutes strictly
concealed about his person any bowie, knife, dagger, kris or construed.
other deadly weapon. Provided prohibition shall not apply to
firearms who have secured a license or who are entitled to Acosta v. Flor
carry the same under the provisions of this Act.” • Statute: specifically designates the persons who may bring
• Issue: does “the deadly weapon” include an unlicensed actions for quo warranto, excludes others from bringing
revolver? such actions.
• Held: Yes! Carrying such would be in violation of statute. By
the proviso, it manifested its intention to include in the
 Escribano v. Avila Firman General Insurance Corp. v. CA
• Statute: for libel, “preliminary investigations of criminal actions • The insurance company disclaimed liability since death
for written defamation xxx shall be conducted by the city resulting from murder was impliedly excluded in the
fiscal of province or city or by municipal court of city or insurance policy as the cause of death is not accidental but
capital of the province where such actions may be instituted rather a deliberate and intentional act, excluded by the very
precludes all other municipal courts from conducting such nature of a personal accident insurance.
preliminary investigations • Held: the principle “expresssio unius est exclusio - the mention
of one thing implies the exclusion of the other thing - not
Peo. v. Lantin having been expressly included in the enumeration of
• Statute: crimes which cannot be prosecuted de oficio namely circumstances that would negate liability in said insurance
adultery, concubinage, seduction, rape or acts of policy cannot be considered by implication to discharge the
lasciviousness; crimes such as slander can be prosecuted de petitioner insurance company to include death resulting from
oficio. murder or assault among the prohibited risks lead inevitably
to the conclusion that it did not intend to limit or exempt
itself from liability for such death
More short examples on p. 225 • Insurance company still liable for the injury, disability and loss
Manila Lodge No. 761 v. CA suffered by the insured. (sobra ‘to, I swear! Minurder na nga,
Santos v. CA ayaw pang bayaran! Sobra! Hindi daw accidental… eh di
Lerum v. Cruz mas lalo ng kailangang bayaran dahil murder! Sus! Sus!)
Central Barrio v. City Treasurer of Davao
Centeno v. Villalon-Pornillos
Vera v. Fernandez • Issue: whether the solicitation for religious purposes, i.e.,
• Statute: All claims for money against the decedent, arising from renovation of church without securing permit fro
contracts, express or implied, whether the same be due, not Department of Social Services, is a violation of PD 1564,
due, or contingent, all claims for funeral expenses and making it a criminal offense for a person to solicit or receive
expenses for the last sickness of the decedent, and judgment contributions for charitable or public welfare purposes.
for money against decedent, must be filled within the time • Held: No. Charitable and religious specifically enumerated only
limit of the notice, otherwise barred forever. goes to show that the framers of the law in question never
• Held: The taxes due to the government, not being mentioned in intended to include solicitations for religious purposes
the rule are excluded from the operation of the rule. within its coverage.
Mendenilla v. Omandia
• Statute: changed the form of government of a municipality into
a city provides that the incumbent mayor, vice-mayor and
members of the municipal board shall continue in office
until the expiration of their terms. Limitations of the rule
• Held: all other municipal offices are abolished. 1. It is not a rule of law, but merely a tool in statutory
construction
Butte v. Manuel Uy & Sons, Inc. 2. Expressio unius est exclusion alterius, no more than auxiliary
• Statute: Legislature deliberately selected a particular method of rule of interpretation to be ignored where other
giving notice, as when a co-owner is given the right of legal circumstances indicate that the enumeration was not
redemption within 30 days from notice in writing by the intended to be exclusive.
vendor in case the other co-owner sells his share is the co- 3. Does not apply where enumeration is by way of example or to
owned property, remove doubts only.
• Held: the method of giving notice must be deemed excusive & a
notice sent by vendee is ineffective. Gomez v. Ventura
• Issue: whether the prescription by a physician of opium for a
patient whose physical condition did not require the use of
such drug constitutes “unprofessional conduct” as to justify
revocation of physician’s license to practice
Villanueva v. City of Iloilo • Held: Still liable! Rule of expressio unius not applicable • Court
• Statute: Local Autonomy Act, local governments are given said, I cannot be seriously contended that aside from the five
broad powers to tax everything, except those which are examples specified, there can be no other conduct of a physician
specifically mentioned therein. If a subject matter does not deemed ‘unprofessional.’ Nor can it be convincingly argued that
come within the exceptions, an ordinance imposing a tax on the legislature intended to wipe out all other forms of
such subject matter is deemed to come within the broad ‘unprofessional’ conduct therefore deemed grounds for
taxing power, exception firmat regulam in casibus non revocation of licenses
exceptis.
4. Does not apply when in case a statute appears upon its face to
Samson v. Court of Appeals limit the operation of its provision to particular persons or
• Where the law provides that positions in the government belong things enumerating them, but no reason exists why other
to the competitive service, except those declared by law to persons or things not so enumerated should not have been
be in the noncompetitive service and those which are policy- included and manifest injustice will follow by not including
determining, primarily confidential or highly technical in them.
nature and enumerates those in the noncompetitive as 5. If it will result in incongruities or a violation of the equal
including SECRETARIES OF GOVERNORS AND protection clause of the Constitution.
MAYORS, the clear intent is that assistant secretaries of 6. If adherence thereto would cause inconvenience, hardship and
governors and mayors fall under the competitive service, for injury to the public interest.
by making an enumeration, the legislature is presumed to
have intended to exclude those not enumerated, for Doctrine of casus omissus
otherwise it would have included them in the enumeration • A person, object or thing omitted from an enumeration must be
held to have been omitted intentionally.
 • The maxim operates only if and when the omission has been • Held: Should be from ‘promulgation’ should be referring to
clearly established, and in such a case what is omitted in the ‘judgment,’ while notice refer to order.
enumeration may not, by construction, be included therein.
• Exception: where legislature did not intend to exclude the King v. Hernandez
person, thing or object from the enumeration. If such • Issue: Whether a Chinese holding a noncontrol position in a
legislative intent is clearly indicated, the court may supply retail establishment, comes within the prohibition against
the omission if to do so will carry out the clear intent of the aliens intervening “in the management, operation,
legislature and will not do violence to its language administration or control” followed by the phrase “whether
as an officer, employee or laborer…
Doctrine of last antecedent • Held: Following the principle, the entire scope of personnel
• Qualifying words restrict or modify only the words or phrases activity, including that of laborers, is covered by the
to which they are immediately associated not those which prohibition against the employment of aliens.
are distantly or remotely located.
• Ad proximum antecedens fiat relatio nisi impediatur sententia Amadora v. CA
– relative words refer to the nearest antecedents, unless the • Issue: whether Art 2180 of Civil Code, which states that “lastly
context otherwise requires teachers or heads of establishments of arts and trade shall be
• Rule: use of a comma to separate an antecedent from the rest liable for damages caused by their pupils and students or
exerts a dominant influence in the application of the doctrine apprentices so long as they remain in their
of last antecedent. custody” applies to all schools, academic as well as non
academic
Illustration of rule • Held: teachers ◊ pupils and students; heads of establishments of
Pangilinan v. Alvendia arts and trades to ◊ apprentices
• Members of the family of the tenant includes the tenant’s son, • General rule: responsibility for the tort committed by the
son-in-law, or grandson, even though they are not dependent student will attach to the teacher in charge of such student
upon him for support and living separately from him (where school is academic)
BECAUSE the qualifying phrase “who are dependent upon • Exception: responsibility for the tort committed by the student
him for support” refers solely to its last antecedent, namely, will attach to the head, and only he, (who) shall be held
“such other person or persons, whether related to the tenant liable (in case of the establishments of arts and trades;
or not” technical or vocational in nature)

Florentino v. PNB PROVISOS, EXCEPTIONS AND CLAUSES

• Issue: whether holders of backpay certificates can compel
government-owned banks to accept said certificates in Provisos, generally
payment of the holder’s obligations to the bank. • to limit the application of the enacting clause, section or
• Statute: “obligations subsisting at the time of the approval of provision of a statute, or except something, or to qualify or
this amendatory act for which the applicant may directly be restrain its generality, or exclude some possible ground of
liable to the government or to any of its branches or misinterpretation of it, as extending to cases not intended by
instrumentalities, or to corporations owned or controlled by legislature to be brought within its purview.
the government, or to any citizens of the Philippines or to • Rule: restrain or qualify the generality of the enacting clause or
any association or corporation organized under the laws of section which it refers.
the Philippines, who may be wiling to accept the same for • Purpose: limit or restrict the general language or operation of
such settlement” the statute, not to enlarge it.
• Held: the court, invoking the doctrine of last antecedent, ruled • Location: commonly found at the end of a statute, or provision
that the phrase qualify only to its last antecedent namely & introduced, as a rule, by the word “Provided”. • Determined
“any citizen of the Philippines or association or corporation by: What determines whether a clause is a proviso is its substance
organized under the laws of the Philippines” rather than its form. If it performs any of the functions of a
• The court held that backpay certificate holders can compel proviso, then it will be regarded as such, irrespective of what
government-owned banks to accept said certificates for word or phrase is used to introduce it.
payment of their obligations with the bank.
Proviso may enlarge scope of law
Qualifications of the doctrine. • It is still the duty of the courts to ascertain the legislative
1. Subject to the exception that where the intention of the law is intention and it prevails over proviso.
to apply the phrase to all antecedents embraced in the • Thus it may enlarge, than restrict
provision, the same should be made extensive to the whole.
2. Doctrine does not apply where the intention is not to qualify U.S. v. Santo Nino
the antecedent at all.
• Statute: it shall be unlawful for any person to carry concealed
about his person any bowie, knife, dagger, kris or any other
Reddendo singular singuilis
deadly weapon: Provided, that this provision shall not apply
• Variation of the doctrine of last antecedent to firearms in the possession of persons who have secured a
• Referring each to each; license therefore or who are entitled to same under
• Referring each phrase or expression to its appropriate object, or provisions of this Act.
let each be put in its proper place, that is, the word should be
taken distributively. • Held: through the Proviso it manifested the intention to include
in the prohibition weapons other than armas blancas as
Peo. v Tamani specified.
• Issue: when to count the 15-day period within which to appeal a
judgment of conviction of criminal action—date of Proviso as additional legislation
promulgation of judgment or date of receipt of notice of • Expressed in the opening statement of a section of a statute •
judgment. Would mean exactly the reverse of what is necessarily implied
• Statute: Sec. 6, Rule 122 of the Rules of Court when read in connection with the limitation
• Purpose:
 o To limit generalities • Proviso construed to qualify only the immediately preceding
o Exclude from the scope of the statute that which part of the section to which it is attached; if no contrary
otherwise would be within its terms legislative intent is indicated.
• Where intent is to qualify or restrict the phrase preceding it or
What proviso qualifies the earlier provisions of the statute or even the statute itself
• General rule: qualifies or modifies only the phrase as a whole, then the proviso will be construed in that
immediately preceding it; or restrains or limits the manner, in order that the intent of the law may be carried out
generality of the clause that it immediately follows.
• Exception: unless it clearly appears that the legislature Repugnancy between proviso and main provision
intended to have a wider scope • Where there is a conflict between the proviso and the main
provision, that which is located in a later portion of the
Chinese Flour Importers Assn v. Price Stabilization Board statute prevails, unless there is legislative intent to the
contrary.
• Statute: Sec. 15 RA 426 - Any existing law, executive order or • Latter provision, whether provision or not, is given preference
regulation to the contrary notwithstanding, no government for it is the latest expression of the intent of the legislation.
agency except the Import Control Commission shall allocate
the import quota among the various importers. Provided,
Exceptions, generally
That the Philippine Rehabilitation and Trade Administration
• Exception consists of that which would otherwise be included in
shall have exclusive power and authority to determine and
the provision from which it is excepted.
regulate the allocation of wheat flour among importers.”
• It is a clause which exempts something from the operation of a
• Issue: whether or not the proviso excluded wheat flour from the
statute by express words.
scope of act itself.
• Held: NO! Proviso refer to the clause immediately preceding it • “except,” “unless otherwise,” and “shall not apply” • May not
and can have no other meaning than that the function of be introduced by words mentioned above, as long as if such
allocating the wheat flour instead of assigning to Import removes something from the operation of a provision of law.
Control Commission was assigned to PRTA. • Function: to confirm the general rule; qualify the words or
• If wheat flour is exempted from the provisions of the Act, the phrases constituting the general rule.
proviso would have been placed in the section containing the • Exceptio firmat regulam in casibus exceptis - A thing not being
repealing clause excepted, must be regarded as coming within the purview of
the general rule.
Collector of Internal Revenue v. Angeles • Doubts: resolved in favor of general rule
• When an earlier section of statute contains proviso, not
embodied in later section, the proviso, not embodied in a
later section thereof, in the absence of legislative intent, be Exception and Proviso distinguished
confined to qualify only the section to which it has been
appended. Exception:
• Exempts something absolutely from the operation ofstatute •
Flores v. Miranda Takes out of the statute something that otherwise would be a part
• Issue: Petitioner that approval of the Public Service of the subject matter of it.
Commission of the sale of public service vehicle was not • Part of the enactment itself, absolutely excluding from its
necessary because of proviso in Sec. 20 of Commonwealth operation some subject or thing that would otherwise fall
Act No. 146 within the scope.
• Statute: It shall be unlawful for any public service vehicle or Proviso:
for the owner, lessee or operator thereof, without the • Defeats its operation conditionally.
previous approval and authority of the Commission • Avoids by way of defeasance or excuse
previously had xxx to sell, alienate xxx its property, • If the enactment is modified by engrafting upon it a new
franchise; Provided, however, that nothing herein contained provision, by way of amendment, providing conditionally
shall be construed to prevent the transaction from being for a new case- this is the nature of proviso.
negotiated or completed before its approval or to prevent the
sale, alienation, or lease by any public service of any of its Similar: in a way since one of the functions of proviso is to except
property in the ordinary course of business” something from an enacting clause.
• Held:
o the proviso xxx means only that the sale without the Illustration of exception
required approval is still valid and binding
between the parties; also MERALCO v. Public Utilities Employees’ Association • Statute: No
o the phrase “in the ordinary course of business xxx person, firm, or corporation, business establishment or place shall
could not have been intended to include sale of compel an employee or laborer to work on Sundays& legal
vehicle itself, but at most may refer only to such holidays, unless paid an additional sum of at least 25% of his
property that may be conceivably disposed of by renumeration: Provided, that this prohibition shall not apply to
the carrier in the ordinary course of its business, public utilities performing public service, e.g. supplying gas,
like junked equipment. electricity, power, water etc…
• Issue: Is MERALCO liable to pay the 25% for employees who
Mercado Sr. v. NLRC work during holidays and Sundays?
• Held: the proviso in par 2 of Art 280 relates only to casual
employees; not to project employees.
• Held: Negative. 2nd part is an exception although introduced by
“Provided.” As appellant is a public utility that supplies
• Applying rule that proviso to be construed with reference to electricity & provides means of transportation, it is evident
immediately preceding part of the provision which it is that appellant is exempt from qualified prohibition
attached and not to other sections thereof, unless legislative established in the enactment clause.
intent was to restrict or qualify.
Tolentino v. Secretary of Finance
Exception to the rule
 • Statute: No bill shall be passed by either House shall become a other parts
law unless it has passed 3 readings on separate days, & o Why? To “produce” a harmonious whole
printed copies thereof in its final form have been distributed
to its Members 3 days before its passage, except when the • Never:
President certifies to the necessity of its immediate o Divide by process of etymological dissertation (why?
enactment to meet a public calamity or emergency. Because there are instances when the
• Held: it qualifies only its nearest antecedent, which is the intention of the legislative body is different from
distribution of the printed bill in its final form 3 days from that of the definition in its original sense)
its final passage.& not the 3 readings on separate days. o Separate the words (remember that the whole point of
this chapter is to construe it as a whole)
Pendon v. Diasnes o Separate context
• Issue: whether a person convicted of a crime against property,
who was granted absolute pardon by the President, is
o Base definitions on lexicographer (what is a
entitled to vote? lexicographer? A person who studies
• Statute: A person shall not be qualified to vote “who has been lexicography.
sentenced by final judgment to suffer one year or more from What is lexicography then? Analyzes semantic
imprisonment, such disability not having been removed any relationships between lexicon and language – not
plenary pardon” or “who has been declared by final important. Never mind ϑ) – ang kulit!
judgment guilty of any crime against property.” • The whole point of this part is to construe the whole statute and
• 1st clause- 2 excpetions – (a) Person penalized by less than 1 its part together (actually kahit ito nalang tandaan hanggang
matapos kasi ito lang yung sinasabi ng book)
yr.; and (2) Person granted an absolute pardon
• 2nd clause - creates exception to 1st but not to 2nd that a person Intent ascertained from statute as whole
convicted of crime against property cannot vote unless • Legislative meaning and intent should be extracted/ascertained
there’s pardon. from statutes as a whole (hence the title…)
• Held: absolute pardon for any crime for which one year of o Why? Because the law is the best expositor of itself
imprisonment or more was meted out restores the prisoner to
his political rights. • Optima Statuti Interpretatio est ipsum statutum - the best
• If penalty less 1 yr, disqualification not apply, except when interpreter of a statute is the statute itself
against property- needs pardon. o [remember this story to memorize the maxim:
Optima at Statuti Frutti where interpreting as to
• The 2nd clause creates the exception to the 1st why when cockroaches(IPIS) when added results
Gorospe v. CA (exception need not be introduced by “except” or to SUM (ipsum) a stadium (statutum)] – sorry
“unless”) blockmates, weird si cherry! ϑ
• Statute: Rule 27 of Rules of Court, “service by registered mail is • Do not inquire too much into the motives which influenced the
complete upon actual receipt by the addressee; but if fail to legislative body unless the motive is stated or disclosed in
claim his mail from the post office within 5 days from ate of the statute themselves.
first notice of the postmaster, service shall take effect at the
expiration of such time.” Aisporna v. CA
• Issue: Whether actual receipt the date of a registered mail after 5 • pointed out that words, clauses, phrases should not be studied as
day period, is the date from which to count the prescriptive detached/isolated expressions
period to comply with certain requirements. o Consider every part in understanding the meaning of
its part to produce a harmonious whole
• Held: Service is completed on the 5th day after the 1st notice,
o Meaning of the law is borne in mind and not to be
even if he actually received the mail months later.
extracted from a single word
• 2nd part is separated by semicolon, and begins with ‘but’ which o Most important: Every part of the statute must be
indicates exception. interpreted with reference to the context
Saving clause Aboitiz Shipping Corp v. City of Cebu
• Provision of law which operates to except from the effect of the • Described that if the words or phrases of statute be taken
law what the clause provides, or save something which individually it might convey a meaning different form the
would otherwise be lost. one intended by the author.
• Used to save something from effect of repeal ofstatute • • Interpreting words or phrases separately may limit the extent of
Legislature, in repealing a statute, may preserve in the form of a the application of the provision
saving clause, the right of the state to prosecute and punish
offenses committed in violation of the repealed law. • Where Gaanan v. Intermediate Appellate Court
existing procedure is altered or substituted by another, usual to • Case of wire tapping
save proceedings under the old law at the time the new law takes
• There is a provision which states that “ it shall be unlawful for
effect, by means of saving clause • Construed: in light of intent any person, not being authorized by all the parties to any
by legislature private communication or spoken word to tap any wire or
• Given strict or liberal meaning depending on nature of statute. cable or by using any other device or arrangement, to
secretly overhear, intercept, or record such communication
CHAPTER SIX: Statute Construed as Whole and in Relation to or spoken word by using such device commonly known as
other Statutes dictagraph…”
• Issue: whether the phrase device or arrangement includes party
STATUTE CONSTRUED AS WHOLE line and extension
• Statcon: it should not be construed in isolation. Rather it should
Generally be interpreted in relation to the other words (tap, to
• Statute is passed as a whole overhear) thus party line or telephone extension is not
o It should have one purpose and one intent included because the words in the provision limit it to those
o Construe its parts and section in connection with that have a physical interruption through a wiretap or the
 deliberate installation of device to overhear. (Remember the • Why is it a must for courts to harmonize conflicting provision?
maxim noscitus a sociis because in here they applied an - Because they are equally the handiwork of the same
association with other words in construing the intention or legislature
limitation of the statute)
RP v. CA
National Tobacco Administration v. COA • Issue: whether or not an appeal of cases involving just
• Issue: whether educational assistance given to individuals prior compensation should be made first by DARAB before RTC
to the enactment of RA 6758 should be continued to be under Sec. 57
received? • Held: SC said that the contention of the Republic and the Land
• Held: Yes. Proper interpretation of section12 RA 6758 depends Bank in the affirmative side has no merit because although
on the combination of first and second paragraph • First sentence DARAB is granted a jurisdiction over agrarian reform
states that “such other additional compensation not otherwise matters, it does not have jurisdiction over criminal cases.
specified as may be determined by the DBM shall be deemed
included in the standardized salary rates herein prescribed.” The Sajonas v. CA
second sentence states “such other additional compensation, • Issue: what period an adverse claim annotated at the back of a
whether in cash or in kind, being received by incumbents only as transfer certificate effective?
of July 1, 1989 not integrated into the standard shall continue to • Held: In construing the law Sec. 70 of PD 1529 (adverse claim
be authorized.” (you can ask cheery na lang to explain it, ang shall be effective for a period of 30 days from the date of the
haba ng nasa book ϑ ) registration…) care should be taken to make every part
• statcon: do not isolate or detach the parts. Construing a statute effective
as a whole includes reconciling and harmonizing conflicting
provisions Special and general provisions in same statute
• special would overrule the general
Purpose or context as controlling guide • special must be operative; general affect only those it applies •
• construe whole statute and ascertain the meaning of the words except to general provision
or phrases base on its context, the nature of the subject, and
purpose or intention of the legislative body who enacted the Construction as not to render provision nugatory
statute • another consequence of the rule: provision of a statute should
• give it a reasonable construction not be construed as to nullify or render another nugatory in
• Leeway are accepted on grammatical construction, letters of the the same statute
statutes, rhetorical framework if it can provide a clear and • Interpretatio fienda est et res magis valeat quam pereat - a law
definite purpose of the whole statute ( as long as it can should be interpreted with a view to upholding rather than
produce a clear and definite statutes, it is sometimes affected destroying
to be lax on the construction of grammar) o Do not construe a statute wherein one portion will
• Harmonize the parts of each other and it should be consistent destroy the other
with its scope and object o Avoid a construction which will render to provision
inoperative
Giving effect to statute as a whole
• Why construe a statute as a whole? - Because it implies that one Reason for the rule
part is as important as the other • because of the presumption that the legislature has enacted a
• What if the provision/section is unclear by itself? - One can statute whose provisions are in harmony and consistent with
make it clear by reading and construing it in relation to the each other and that conflicting intentions is the same statute
whole statute are never supported or regarded
• How do you properly and intelligently construe a
provision/statute? - 3 ways: (1) Understand its meaning and Qualification of rule
scope; (2) apply to an actual case; (3) courts should consider • What if the parts cannot be harmonized or reconciled without
the whole act itself nullifying the other? - Rule is for the court to reject the one
• Why should every part of the statute be given effect? - Because which is least in accord with the general plan of the whole
it is enacted as an integrated measure not a hodgepodge of statute
conflicting provisions • What if there is no choice? - the latter provision must vacate the
• Ways on how the courts should construe a statute (according to former; last in order is frequently held to prevail unless
Republic v. Reyes): intent is otherwise
o Interpret the thought conveyed by the statute as • What if the conflict cannot be harmonized and made to stand
whole together? - one must inquire into the circumstances of their
o Construe constituent parts together passage
o Ascertain legislative intent form whole part
Construction as to give life to law
o Consider each and every provision in light of the • provide sensible interpretation to promote the ends of which
general purpose they were enacted
o Make every part effective, harmonious and sensible • construct them in a reasonable and practical way to give life to
(adopt a construction which would give them
effect to every part of the of the statute) • Interpretatio fienda es ut res magis valeat quam pereat -
♣ Ut res magis valeat quam pereat - the interpretation will give the efficacy that is to be adopted.
construction is to be sought which gives
effect to the whole of the statute - of its Construction to avoid surplusage
every word. • construe the statute to make no part or provision thereof as
surplasage
Apparently conflicting provisions reconciled • each and every part should be given due effect and meaning •
• included in the rule of construing statute as a whole, is the do not construe a legal provision to be a useless surplusage and
reconciling and harmonizing conflicting provisions because meaningless
it is by this that the statute will be given effect as a whole.
 • exert all efforts to provide the meaning. Why? Because of the constitution
presumption that the legislature used the word or phrase for • Construe the statute in harmony with the fundamental law:
a purpose Why? Because it is always presumed that the legislature
adhered to the constitutional limitations when they enacted
Application of rule the statute
• It is also important to understand a statute in light of the
Mejia v.Balalong constitution and to avoid interpreting the former in conflict
• Issue: how to constru “next general election” in Sec. 88 of the with the latter
City Charter of Dagupan City? • What if the statute is susceptible to two constructions, one is
• Held: the phrase refers to the next general election after the city constitutional and the other is unconstitutional? A: The
came into being and not the one after its organization by construction that should be adopted should be the one that is
Presidential Proclamation. constitutional and the one that will render it invalid should
be rejected.
Niere v. CFI of Negros Occidental • The Court should favor the construction that gives a statute of
surviving the test of constitutionality
• Issue: does the city mayor have the power to appoint a city
engineer pursuant to Sec. 1 of the City Charter of La Carlote • • The Court cannot in order to bring a statute within the
Held: no, the city mayor does not have such power. The phrase fundamental law, amend it by construction
“and other heads and other employees of such departments as
may be created” whom the mayor can appoint, refers to the heads Tañada v. Tuvera
of city departments that may be created after the law took effect, • this is the case regarding Art. 2 of the Civil Code especially the
and does not embrace the city engineer. To rule otherwise is to phrase “unless otherwise provided”.
render the first conjunction “and” before the words “fire • Statcon: one should understand that if the phrase refers to the
department” a superfluity and without meaning at all publication itself it would violate the constitution (since all
laws should be made public) [if malabo, vague, eh? huh? –
Uytengsu v Republic cherry will explain it na lang ϑ]
• Issue: whether the requirement the requirement for
naturalization that the applicant “will reside continuously in Statutes in Pari Materia
the Philippines from the date of the filing of the petition up • pari materia - refers to any the following:
to the time of his admission to Philippine citizenship” refers
o same person or thing
to actual residence or merely to legal residence or domicile
o same purpose of object
• Held: such requirement refers to actual or physical residence
because to construe it otherwise is to render the clause a o same specific subject matter
surplusage. • Later statutes may refer to prior laws.
• An applicant for naturalization must be actually residing in the • What if the later law have no reference to the prior law, does
Philippines from the filing of the petition for naturalization that mean they are not in pari materia? - No. It is sufficient
to its determination by the court that they have the same subject matter.
• When is a statute not in pari materia? - The conditions above are
Manila Lodge No. 761 v. CA the determinants of ascertaining if a statute is in pari materia,
• Issue: whether the reclaimed land is patrimonial or public thus even if two statutes are under the same broad subject as
dominion? along as their specific subjects are not the same, they are
• Held: to say that the land is patrimonial will render nugatory NOT in pari material
and a surplusage the phrase of the law to the effect that the
City of Manila “is hereby authorized to lease or sell” How statutes in Pari Materia construed
• A sale of public dominion needs a legislative authorization, • Interpretare et concordare leges legibus est optimus
while a patrimonial land does not. interpretandi modus – every statute must be so construed
and harmonized with other statutes as to form a uniform
Statute and its amendments construed together system of jurisprudence (parang ganun din nung first part,
construe it as a whole. But also bear in mind that it should
• rule applies to the construction and its amendments • Whatever
also be in harmony with other existing laws)
changes the legislature made it should be given effect together
• Construe statutes in pari materia together to attain the purpose
with the other parts.
of an express national policy
• Why should they be construed together? - Because of the
Almeda v. Florentino
• Law – “the municipal board shall have a secretary who shall be assumption that when the legislature enacted the statutesthey
appointed by it to serve during the term of office of the were thinking of the prior statute. Prior statutes relating to
members thereof” the same subject matter are to be compared with the new
provisions.
• Amendment – “the vice-mayor shall appoint all employees of
the board who may be suspended or removed in accordance • Again it is important to harmonize the statutes. Courts should
with law” not render them invalid without taking the necessary steps in
reconciling them
• Construction of both Law and Amendment – the power of the
vice-mayor to make appointment pursuant to the amendatory
act is limited to the appointment of all employees of the
board other than the board secretary who is to be appointed
by the board itself Vda de Urbano v. GSIS
• there were no facts given in the book except that it was in this
STATUTE CONSTRUED IN RELATION TO CONSTITUTION case that in pari materia was explained well. The
AND OTHER STATUTES explanation are the same in the aforementioned

Statute construed in harmony with the Constitution • Other things to consider in constructing statutes which are in
• Constitution- the fundamental law to which all laws are pari materia
subservient o History of the legislation on the subject
• General Rule: Do not interpret a statute independent from the o Ascertain the uniform purpose of the legislature
 o Discover the policy related to the subject matter has King v. Hernaez
been changed or modified • Statcon: relation of RA 1180 (Retail Trade Nationalization Act)
o Consider acts passed at prior sessions even those that to Commonwealth Act 108 (Anti Dummy Law)
have been repealed
• Distingue tempora et concordabis jura – distinguish times and Dialdas v. Percides
you will harmonize laws • Facts: a alien who operated a retail store in Cebu decided to
• In cases of two or more laws with the same subject matter: o close his Cebu store and transfer it to Dumaguete. RTL
Question is usually whether the later act impliedly repealed the (retail trade law) and Tax Code Sec. 199 were the statutes
prior act. taken into consideration in this case. The former authorizes
any alien who on May 15, 1954 is actually engaged in retail,
o Rule: the only time a later act will be repealed or
to continue to engage therein until his voluntary retirement
amended is when the act itself states so (that it from such business, but not to establish or open additional
supersedes all the prior acts) or when there is an stores for retail business. The latter provides that any
irreconcilable repugnancy between the two. business for which the privilege tax has been paid may be
o In the case of “implied” the doubt will be resolved removed and continued in any other place without payment
against the repeal or amendment and in favor of of additional tax.
the harmonization of the laws on the subject (later • Issue: whether the transfer by the alien from Cebu to
will serve as a modification) Dumaguete can be considered as a voluntary retirement from
business.
Reasons why laws on same subject are reconciled • Held: No. Although the trial court affirmed the question, the SC
• 2 main reasons: ruled otherwise stating that RTC overlooked the clear
o The presumption that the legislature took into account provision of Sec. 199.
prior laws when they enacted the new one.
C & C Commercial Corp v. National Waterworks and Sewerage
(orbiter dictum ni cherry: this chapter keeps pointing out that the Authority
legislature are knowledgeable on the law, but I wonder how the actors • Facts: R.A. 912 (2) states that in construction or repair work
fit? Im not discriminating but how did Lito Lapid, Loi Ejercito, etc undertaken by the Government, Philippine made materials
knew the prior laws? I heard they have researchers who do it for and products, whenever available shall be used in
them. Why don’t we vote those researchers instead? Yun lang. I have construction or repair work.
been reading the whole presumption that the legislature is • Flag Law (Commonwealth Act 138) gives native products
knowledgeable. Madaming namamatay sa akala. Is agpalo still alive? preference in the purchase of articles by Government,
hahaha ϑ) including government owned or controlled corporations.
• Issue: interpretation of two statutes requiring that preference be
o Because enactments of the same legislature on the made in the purchase and use of Phil. Made materials and
same subject are supposed to form part of one products
uniform system (Why? Because later statutes are • Held: The SC relates the two statutes as in pari materia and they
supplementary to the earlier enactments) should be construed to attain the same objective that is to
♣ If possible construe the two statutes give preference to locally produced materials.
wherein the provisions of both are given
effect Cabada v. Alunan III
• Issue: whether or not an appeal lies from the decision of
Where harmonization is impossible regional appellate board (RAB) imposing disciplinary action
• Earlier law should give way to the later law because it is the against a member of the PNP under Sec. 45 of RA 6975
“current” or later expression of the legislative will regarding finality of disciplinary action
Illustration of the rule (in pari materia) • The court held that the “gap” in the law which is silent on filing
appeals from decisions of the RAB rendered within the
Lacson v. Roque reglementary period should be construed and harmonized
• Issue: the phrase unless sooner removed of a statute that states with other statutes, i.e. Sec 2(1), Article IX-B of the 1987
“the mayor shall hold office for four years unless sooner Constitution because the PNP is part, as a bureau, of the
removed” reorganized DILG, as to form a unified system of
jurisprudence
• statcon: the court held that the phrase should be construed in
relation to removal statutes. Thus the phrase meant that • Statcon: if RAB fails to decide an appealed case within 60 days
although the mayor cannot be removed during his term of from receipt of the notice of appeal, the appealed decision is
office, once he violates those that are stated in removal deemed final and executory, and the aggrieved party may
statutes. forthwith appeal therefrom to the Secretary of DILG.
Likewise, if the RAB has decided the appeal within 60-day
Chin Oh Foo v. Concepcion reglementary period, its decision may still be appealed to the
Secretary of DILG
• criminal case ϑ Article 12(1) exempting circumstance (imbecile
or insane) Manila Jockey Club Inc. v. CA
• Statcon: the phrase “shall not be permitted to leave without first • Issue: who was entitled to breakages (10% dividend of winning
obtaining permission of the same court” should be horse race tickets)
reconciled with another statute that states “any patient • Statcon: There are two statutes that should be considered. RA
confined in a mental institution may be released by the 309 (amended by 6631 &6632) is silent on the matter but the
Director of Health once he is cured. The Director shall practice is to use breakages for anti bookie drive and other
inform the judge that approved the confinement”. These two sale promotions. E.O. 88 & 89 which allocated breakages
statutes refers to a person who was criminally charged but therein specified. These two should be construed in pari
was proven to be an imbecile or insane, thus they should be materia, thus all breakages derived from all races should be
construed together. Their construction would mean that in distributed and allocated in accordance with Executive
order for the patient to be release there should be an Orders because no law should be viewed in isolation.
approval of both the court and the Director of Health. (supplementary)
General and special statutes • should be construed to harmonize and give effect to the adopted
• General statutes- applies to all of the people of the state or to a statute.
particular class of persons in the state with equal force. o
Universal in application Supplemental statutes
• Special statutes- relates to particular persons or things of a class • Intended to supply deficiencies in existing statutes •
or to particular portion or section of the state only • Considered Supplemental statutes should be read with the original statute and
as statutes in pari materia thus they should be read together and construed together
harmonized (and given effect)
• What if there are two acts which contain one general and one Reenacted statutes
special? • statute which reenacts a previous statute or provision. •
o If it produces conflict, the special shall prevail since Reproducing an earlier statute with the same or substantially the
the legislative intent is more clear thus it same words.
must be taken as intended to constitute an
exception. Montelibano v. Ferrer
o Think of it as one general law of the land while the • Issue: application of Sec. 3 fo the City Charter of Manila is
other applies only to a particular case valid in the criminal complaint directly file by an offended
• What if the special law is passed before the general law? It party in the city court of Bacolod?
doesn’t matter because the special law will still be • Held: The court ruled that the criminal complaint filed directly
considered as an exception unless expressly repealed. by the offended party is invalid and it ordered the city court
to dismiss it.
Solid Homes Inc. v. Payawal • The provisions of the City Charter of Manila Bacolod on the
• First statute provides that National Housing Authority shall same subject are identically worded, hence they should
have exclusive jurisdiction to hear and decide cases receive the same construction.
involving unsound real estate (P.D. No. 959).
• Second statute grants RTC general jurisdiction over such cases. • RULE: two statutes with a parallel scope, purpose and
terminology should each in its own field, have a like
• Issue: Which one will prevail?
interpretation
• Held: The first statute will prevail because it is a special law, as
compared to the latter which is general law, thus it is an
exception to the “general jurisdiction” of the RTC Adoption of contemporaneous construction
• in construing the reenacted statute, the court should take into
account prior contemporaneous construction and give due
Magtajas v. Pryce Properties Corp weight and respect to it.
• Facts: P.D. No. 1869 authorized PAGCOR to centralize and
regulate all games of chance.
Qualification of the rule
• LGC of 1991, a later law, empowers all government units to
enact ordinances to prevent and suppress gambling and other • rule that is aforementioned is applicable only when the
games of chance. statute is capable of the construction given to it and when that
construction has become a settled rule of conduct
• Stacon: These two should be harmonized rather than annulling
one and upholding the other. Court said that the solution to
this problem is for the government units to suppress and Adopted statutes
prevent all kinds of gambling except those that are allowed • a statute patterned after a statute of a foreign country. • Court
under the previous law should take into consideration how the courts of other country
construe the law and its practices
Leveriza v. Intermediate Appellate Court
• RA 776 empowers the general manager of the Civil Aeronautics
Administration to lease real property under its CHAPTER SEVEN: Strict or Liberal
administration.
• Administrative Code authorizes the President to execute a lease Construction IN GENERAL
contract relating to real property belonging to the republic
• How do you apply the rule? - In this case, the prior (special) law Generally
should prevail • Whether a statute is to be given a strict or liberal construction
will depend upon the following:
Reason for the rule ♣ The nature of the statute
• the special law is considered an exception to the general law (as ♣ The purpose to be subserved
long as same subject) ♣ The mischief to be remedied
• Purpose: to give the statute the interpretation that will best
Qualification of the rule accomplish the end desired and effectuate legislative intent
• The rule aforementioned is not absolute.
• Exceptions: Strict construction, generally
o If the legislature clearly intended the general • Construction according to the letter of the statute, which
enactment to cover the whole subject and to repeal recognizes nothing that is not expressed, takes the language
all prior laws inconsistent therewith used in its exact meaning, and admits no equitable
o When the principle is that the special law merely consideration
establishes a general rule while the general law • Not to mean that statutes are construed in its narrowest meaning
creates a specific and special rule • It simply means that the scope of the statute shall not be
extended or enlarged by implication, intendment, or
Reference statutes equitable consideration beyond the literal meaning of its
terms
• a statute which refers to other statutes and makes them
applicable to the subject of legislation • It is a close and conservative adherence to the literal or textual
interpretation
• used to avoid encumbering the statute books of unnecessary
repetition • The antithesis of liberal construction
Liberal construction, defined Construction taking into consideration general welfare or growth
• Equitable construction as will enlarge the letter of a statute to civilization
accomplish its intended purpose, carry out its intent, or • Construe to attain the general welfare
promote justice • Salus populi est suprema lex – the voice of the people is the
• Not to mean enlargement of a provision which is clear, supreme law
unambiguous and free from doubt
• It simply means that the words should receive a fair and
• Statuta pro publico commodo late interpretantur – statutes
reasonable interpretation, so as to attain the intent, spirit and enacted for the public good are to be construed liberally • The
purpose of the law reason of the law is the life of the law; the reason lies in the soil
of the common welfare
Liberal construction applied, generally • The judge must go out in the open spaces of actuality and dig
• Where a statute is ambiguous, the literal meaning of the words down deep into his common soil, if not, he becomes
used may be rejected if the result of adopting said meaning subservient to formalism
would be to defeat the purpose of the law • Construe in the light of the growth of civilization and varying
conditions
• Ut res magis valeat quam pereat – that construction is to be o The interpretation that “if the man is too long for the
sought which gives effect to the whole of the statute – its
bed, his head should be chopped off rather than
every word
enlarge the old bed or purchase a new one” should
NOT be given to statutes
Liberal Construction Judicial Interpretation
Legitimate exercise of Forbidden by the tripartite STATUTES STRICTLY CONSTRUED
judicial power division of powers among
the 3 departments of Penal statutes, generally
government • Penal statutes are those that define crimes, treat of their nature
and provide for their punishment
o Acts of legislature which prohibit certain acts and
establish penalties for their violation
• A statute may not be liberally construed to read into it • Those which impose punishment for an offense committed
something which its clear and plain language rejects against the state, and which the chief executive has the
power to pardon
Construction to promote social justice • A statute which decrees the forfeiture in favor of the state of
unexplained wealth acquired by a public official while in
• Social justice must be taken into account in the interpretation
office is criminal in nature
and application of laws
• Social justice mandate is addressed or meant for the three
departments: the legislative, executive, and the judicial • Social
Penal statutes, strictly construed
justice (included in the Constitution) was meant to be a vital,
• Penal statutes are strictly construed against the State and
articulate, compelling principle of public policy • It should be
liberally construed in favor of the accused
observed in the interpretation not only of future legislations, but
also of laws already existing on November 15, 1935. o Penal statutes cannot be enlarged or extended by
• It was intended to change the spirit of our laws, present and intendment, implication, or any equitable
future. consideration
o No person should be brought within its terms if he is
not clearly made so by the statute
Equitable construction as will enlarge the letter of Act of the court in engrafting
a statute to accomplish its intended purpose, carry upon a law something which it embraced therein Peo v. Atop
out its intent, or promote justice believes ought to have been o No act should be pronounces criminal which is
not clearly made so
• Sec. 11 of RA 7659, which amended Art. 335 of the RPC, Centeno v. Villalon-Pornillos
provides that the death penalty for rape may be imposed if • PD 1564, which punishes a person who solicits or receives
the “offender is a parent, ascendant, step-parent, guardian, contribution for “charitable or public welfare purposes”
relative by consanguinity or affinity within the 3 rd civil without any permit first secured from the Department of
degree, or the common-law spouse of the parent of the Social Services, DID NOT include “religious purposes”” in
victim” the acts punishable, the law CANNOT be construed to
• Is the common-law husband of the girl’s grandmother included? punish the solicitation of contributions for religious
purposes, such as repair or renovation of the church
• No! Courts must not bring cases within the provisions of the law
which are not clearly embraced by it.
Reason why penal statutes are strictly construedg
o No act can be pronounced criminal which is not
clearly within the terms of a statute can be brought • The law is tender in favor of the rights of the individual; • The
object is to establish a certain rule by conformity to which
within them.
mankind would be safe, and the discretion of the court limited
o Any reasonable doubt must be resolved in favor of the
• Purpose of strict construction is NOT to enable a guilty person
accused
to escape punishment through technicality but to provide a
precise definition of forbidden acts
• Strict construction but not as to nullify or destroy the obvious
purpose of the legislature
Acts mala in se and mala prohibita
o If penal statute is vague, it must be construed with • General rule: to constitute a crime, evil intent must combine
such strictness as to carefully SAFEGUARD the with an act
RIGHTS of the defendant and at the same time
preserve the obvious intention of the legislature • Actus non facit reum nisi mens sit rea – the act itself does not
o Courts must endeavor to effect substantial justice make a man guilty unless his intention were so
 • Actus me invite factus non est meus actus – an act done by me additional element of the crime, the carrying of the weapon
against my will is not my act in furtherance of rebellion, insurrection or subversion, such
being the evil sought to be remedied or prevented by the
Mala in se Mala prohibita statute as disclosed in its preamble

Suy v. People Azarcon v. Sandiganbayan

• Where a statute penalizes a store owner who sells commodities • Issue: whether a private person can be considered a public
beyond the retail ceiling price fixed by law, the ambiguity in officer by reason if his being designated by the BIR as a
the EO classifying the same commodity into 2 classes and depository of distrained property, so as to make the
fixing different ceiling prices for each class, should be conversion thereof the crime of malversation
resolved in favor of the accused • Held: NO! the BIR’s power authorizing a private individual to
act as a depository cannot include the power to appoint him
Peo v. Terreda as public officer
• Shorter prescriptive period is more favorable to the accused • A private individual who has in his charge any of the public
funds or property enumerated in Art 222 RPC and commits
Peo v. Manantan any of the acts defined in any of the provisions of Chapter 4,
• The rule that penal statutes are given a strict construction is not Title 7 of the RPC, should likewise be penalized with the
the only factor controlling the interpretation of such laws • same penalty meted to erring public officers. Nowhere in this
provision is it expressed or implied that a private individual
Instead, the rule merely serves as an additional single factor to be
falling under said Art 222 is to be deemed a public officer
considered as an aid in detrmining the meaning of penal laws
Limitation of rule
Peo v. Purisima
• Limitation #1 – Where a penal statute is capable of 2
• The language of the a statute which penalizes the mere carrying
interpretations, one which will operate to exempt an accused
outside of residence of bladed weapons, i.e., a knife or bolo,
not in connection with one’s work or occupation, with a very from liability for violation thereof and another which will
give effect to the manifest intent of the statute and promote
heavy penalty ranging from 5-10 years of imprisonment, has
been narrowed and strictly construed as to include, as an its object, the latter interpretation should be adopted

Criminal intent, apart from the act itself is The only inquiry is, has the law been violated • A law punishes the display of flags “used
required during” the
US v. Go Chico
RPC Special penal laws clearly within their scope and purpose • Examples:
o Statutes authorizing the expropriation of private land
• However, if special penal laws use such words as “willfully, or property
voluntarily, and knowingly” intent must be proved; thus o Allowing the taking of deposition
good faith or bad faith is essential before conviction o Fixing the ceiling of the price of commodities
o Limiting the exercise of proprietary rights by
Application of rule individual citizens
o Suspending the period of prescription of actions
Peo v. Yadao
• When 2 reasonably possible constructions, one which would
• A statute which penalizes a “person assisting a claimant” in
connection with the latter’s claim for veterans benefit, does diminish or restrict fundamental right of the people and the
not penalize “one who OFFERS to assist” other if which would not do so, the latter construction must
be adopted so as to allow full enjoyment of such
insurrection against the US may not be so construed as to fundamental right
exempt from criminal liability a person who displays a
replica of said flag because said replica is not the one “used” Statutes authorizing expropriations
during the rebellion, for to so construe it is to nullify the • Power of eminent domain is essentially legislative in nature •
statute together May be delegated to the President, LGUs, or public utility
• Go Chico is liable though flags displayed were just replica of company
the flags “used during” insurrection against US
• Expropriation plus just compensation
• A derogation of private rights, thus strict construction is applied
• Limitation #2 – strict construction of penal laws applies only • Statutes expropriating or authorizing the expropriation of
where the law is ambiguous and there is doubt as to its property are strictly construed against the expropriating
meaning authority and liberally in favor of property owners
Peo v. Gatchalian
• A statute requires that an employer shall pay a minimum wage
of not less than a specified amount and punishes any person Statutes granting privileges
who willfully violates any of its provisions
• Statutes granting advantages to private persons or entities have
• The fact that the nonpayment of the minimum wage is not in many instances created special privileges or monopolies
specifically declared unlawful, does not mean that an for the grantees and have thus been viewed with suspicion
employer who pays his employees less than the prescribed and strictly construed
minimum wage is not criminally liable, for the nonpayment
of minimum wage is the very act sought to be enjoined by • Privilegia recipient largam interpretationem voluntati
the law consonam concedentis – privileges are to be interpreted in
accordance with the will of him who grants them
Statutes in derogation of rights • And he who fails to strictly comply with the will of the grantor
• Rights are not absolute, and the state, in the exercise of police loses such privileges
power, may enact legislations curtailing or restricting their
enjoyment Butuan Sawmill, Inc. v. Bayview Theater, Inc
• As these statutes are in derogation of common or general rights, • Where an entity is granted a legislative franchise to operate
they are generally strictly construed and rigidly confined to cases electric light and power, on condition that it should start
operation within a specified period, its failure to start
 operation within the period resulted in the forfeiture of the materials and not to containers and packing materials which
franchise are not raw materials; hence, the miller is entitled to tax
credit
Legislative grants to local government units • Restriction in the proviso is limited only to sales, miller’s excise
• Grants of power to local government are to be construed taxes paid ‘on raw materials used in the milling process’
strictly, and doubts in the interpretation should be resolved
in favor of the national government and against the political Benguet Corporation v. Cenrtral Board of Assessment Appeals • PD
subdivisions concerned 1955 withdrew all tax exemptions, except those embodied in the
• Reason: there is in such a grant a gratuitous donation of public Real Property Code, a law which grants certain industries real
money or property which results in an unfair advantage to estate tax exemptions under the Real Estate Code
the grantee and for that reason, the grant should be narrowly
restricted in favor of the public • Courts cannot expand exemptiom

Statutory grounds for removal of officials

• Statutes relating to suspension or removal of public officials are Esso Standard Eastern, Inc. v Acting Commissioner of Customs •
strictly construed Where a statute exempts from special import tax, equipment “for use
• Reason: the remedy of removal is a drastic one and penal in of industries,” the exemption does not extend to those used in
nature. Injustice and harm to the public interest would likely dispensing gasoline at retail in gasoline stations
emerge should such laws be not strictly interpreted against
the power of suspension or removal CIR v. Manila Jockey Club, Inc.
• Statute: “racing club holding these races shall be exempt from
Ochate v. Deling the payment of any municipal or national tax”
• Grounds for removal – “neglect of duty, oppression, corruption • Cannot be construed to exempt the racing club from paying
or other forms of maladministration in office” o “in office” – a income tax on rentals paid to it for use of the race tracks and
qualifier of all acts. other paraphernalia, for what the law exempts refers only to
o Must be in relation to the official as an officer and not those to be paid in connection with said races
as a private person
Lladoc v. CIR
Hebron v Reyes • Statute: exemption from taxation charitable institutions,
• Procedure for removal or suspension should be strictly churches, parsonages or covenants appurtenant thereto,
construed mosques, and non-profit cemeteries, and all lands buildings,
• Statute: local elective officials are to be removed or suspended, and improvements actually, directly, and exclusively used
after investigation, by the provincial board, subject to appeal for religious or charitable purposes
to the President • Exemption only refer to property taxes and not from all kinds of
• President has no authority on his own to conduct the taxes
investigation and to suspend such elective official
La Carlota Sugar Central v. Jimenez
Naturalization laws • Statute: tax provided shall not be collected on foreign exchange
• Naturalization laws are strictly construed against the applicant used for the payment of “fertilizers when imported by
and rigidly followed and enforced planters or farmers directly or through their cooperatives”
• Naturalization is statutory than a natural right • The importation of fertilizers by an entity which is neither a
Statutes imposing taxes and customs duties planter nor a farmer nor a cooperative of planters or farmers
• Tax statutes must be construed strictly against the government is not exempt from payment of the tax, even though said
and liberally in favor of the taxpayer entity merely acted as agent of planter or farmer as a sort of
accommodation without making any profit from the
• Power to tax involves power to destroy transaction, for the law uses the word “directly” which
• Taxing act are not to be extended by implication means without anyone intervening in the importation and the
• Tax statutes should be clearly, expressly, and unambiguously phrase “through their cooperatives” as the only exemption
imposed
• Reason for strict construction: taxation is a destructive power CIR v. Phil. Acetylene Co.
which interferes with the personal property rights of the • See page 305
people and takes from them a portion of their property for
the support of the government
• Power of taxation if a high prerogative of sovereignty, its
relinquishment is never presumed and any reduction or
Statutes granting tax exemptions diminution thereof with respect to its mode or its rate must
• Law frowns against exemption from taxation because taxes are be strictly construed
the lifeblood of the nation
• Laws granting tax exemptions are thus construed strictissimi Phil. Telegraph and Telephone Corp. v. COA
juris against the taxpayer and liberally in favor of the taxing • On “most favored treatment clause”
authority • 2 franchisee are not competitors
• Burden of proof – on the taxpayer claiming to be exempted • • The first franchisee is will not enjoy a reduced rate of tax on
Basis for strict construction – to minimize the different treatment gross receipts
and foster impartiality, fairness, and equality of treatment among
taxpayers Qualification of rule
• Tax exemptions are not favored in law, nor are they presumed. • Strict construction does not apply in the case of tax exemptions
in favor of the government itself or its agencies • Provisions
CIR v. CA granting exemptions to government agencies may be construed
• Issue: whether containers and packaging materials can be liberally in favor of non-tax liability of such agencies
credited against the miller’s deficiency tax • The express exemption should not be construed with the same
• BIR claimed that there should be no tax credit degree of strictness that applies to exemptions contrary to
• Held: proviso should be strictly construed to apply only to raw policy of the state, since as to such property exemption is the
 rule and the taxation is the exemption • Should be strictly but reasonably construed
• E.g. tax exemption in favor of NAPOCOR – whether direct or • All doubts should be resolved in favor of the general provision
indirect taxes, exempted rather than the exceptions
o However, always look at the intent of legislators if it
Statutes concerning the sovereign will accord reason and justice not to apply the
• Restrictive statutes which impose burdens on the public treasury rule that “an express exception excludes all others”
or which diminish rights and interests are strictly construed. • The rule on execution pending appeal must be strictly construed
• Unless so specified, the government does not fall within the being an exception to the general rule
terms of any legislation • Situations which allows exceptions to the requirement of
warrant of arrest or search warrant must be strictly
Alliance of Government Workers v. Minister of Labor and construed; to do so would infringe upon personal liberty and
Employment • PD 851 – requires “employers” to pay a 13th set back a basic right
month pay to their employees xxx • A preference is an exception to the general rule
• “employers” does not embrace the RP, the law not having • A proviso should be interpreted strictly with the legislative
expressly included it within its scope intent
o Should be strictly construed
Statutes authorizing suits against the government o Only those expressly exempted by the proviso should
• Art. XVI, Sec. 3, 1987 Constitution – “The State may not be be freed from the operation of the statute
sued without its consent”
o General rule: sovereign is exempt from suit STATUTES LIBERALLY CONSTRUED
o Exception: in the form of statute, state may give its
General social legislation
consent to be sued
♣ Statute is to be strictly construed and • General welfare legislations
waiver from immunity from suit will not o To implement the social justice and protection-to
be lightly inferred labor provisions of the Constitution
o Construed liberally
• Nullum tempus occurrit regi – there can be no legal right as
o Resolve any doubt in favor of the persons whom the
against the authority that makes the law on which the right
depends law intended to benefit
• Reason for non-suability – not to subject the state to o Includes the following – labor laws, tenancy laws,
inconvenience and loss of governmental efficiency land reform laws, and social security laws

Mobil Phil. Exploration, Inc. v. Customs Arrastre Services • The law Tamayo v. Manila Hotel
authorizing the Bureau of Customs to lease arrastre operations, a • Law grants employees the benefits of holiday pay except those
proprietary function necessarily incident to its governmental therein enumerated
function, may NOT be construed to mean that the state has • Statcon – all employees, whether monthly paid or not, who are
consented to be sued, when it undertakes to conduct arrastre not among those excepted are entitled to the holiday pay
services itself, for damage to cargo
• Labor laws construed – the workingman’s welfare should be the
• State-immunity may not be circumvented by directing the primordial and paramount consideration
action against the officer of the state instead of the state itself o o Article 4 New Labor Code – “all doubts in the
The state’s immunity may be validly invoked against the action implementation and interpretation of the provisions
AS LONG AS IT CAN BE of the Labor Code including its implementing rules
SHOWN that the suit really affects the property, and regulations shall be resolved in favor of labor”
rights, or interests of the state and not merely those • Liberal construction applies only if statute is vague, otherwise,
of the officer nominally made party defendant apply the law as it is stated
• Even if the state consents, law should NOT be interpreted to
authorize garnishment of public funds to satisfy a judgment General welfare clause
against government property • 2 branches
o Reason: o One branch attaches to the main trunk of municipal
♣ Public policy forbids it authority – relates to such ordinances and
♣ Disbursement of public funds must be regulations as may be necessary to carry into effect
covered by a corresponding and discharge the powers and duties conferred
appropriation as required by law upon local legislative bodies by law
o Other branch is much more independent of the
♣ Functions and service cannot be allowed
specific functions enumerated by law – authorizes
to be paralyzed or disrupted by the
such ordinances as shall seem necessary and
diversion of public funds from their
proper to provide for the health and safety,
legitimate and specific objects, as
promote the prosperity, improve the morals, peace,
appropriated by law
good order xxx of the LGU and the inhabitants
Statutes prescribing formalities of the will thereof, and for the protection of the property
therein
• Strictly construed, which means, wills must be executed in
accordance with the statutory requirements, otherwise, it is • Construed in favor of the LGUs
entirely void • To give more powers to local governments in promoting the
• The court is seeking to ascertain and apply the intent of the economic condition, social welfare, and material progress of
legislators and not that of the testator, and the latter’s the people in the community
intention is frequently defeated by the non-observance of • Construed with proprietary aspects, otherwise would cripple
what the statute requires LGUs
• Must be elastic and responsive to various social conditions •
Exceptions and provisos Must follow legal progress of a democratic way of life
 Grant of power to local governments Before election – mandatory (part 1)
• Old rule: municipal corporations, being mere creatures of law, ♣ After election – directory (part 3)
have only such powers as are expressly granted to them and o Generally – the provisions of a statute as to the
those which are necessarily implied or incidental to the manner of conducting the details of an election are
exercise thereof NOT mandatory; and irregularities in conducting
• New rule: RA 2264 “Local Autonomy Act” an election and counting the votes, not preceding
o Sec 12 – “implied power of a province, a city, or a from any wrongful intent and which deprives no
municipality shall be liberally construed in its legal voter of his votes, will not vitiate an election
favor. Any fair and reasonable doubt as to the or justify the rejection of the entire votes of a
existence of the power should be interpreted in precinct
favor of the local government and it shall be ♣ Against disenfranchisement
presumed to exist” ♣ Remedy against election official who did
not do his duty – criminal action against
Statutes granting taxing power (on municipal corporations) • Before
them
1973 Constitution – inferences, implications, and deductions have
• Part 2:
no place in the interpretation of the taxing power of a municipal
o Provisions which candidates for office are required to
corporation
• New Constitution – Art. X, Sec 5 1987 Constitution – “each perform are mandatory
local government unit shall have the power to create its own o Non-compliance is fatal
sources of revenue and to levy taxes, fees, and charges • Part 3:
subject to such guidelines and limitations as the Congress o Procedural rules which are designed to ascertain, in
may provide, consistent with the basic policy of local case of dispute, the actual winner in the
autonomy” elections are liberally construed
o Statutes prescribing limitations on the taxing power of o Technical and procedural barriers should not be
LGUs must be strictly construed against allowed to stand if they constitute an obstacle in
the national government and liberally in favor of the choice of their elective officials
the LGUs, and any doubt as to the existence of the • For where a candidate has received popular mandate,
taxing power will be resolved in favor of the local overwhelmingly and clearly expressed, all possible doubts
government should be resolved in favor of the candidates eligibility, for
to rule otherwise is to defeat the will of the electorate
Statutes prescribing prescriptive period to collect
taxes • Beneficial for both government and Amnesty proclamations
taxpayer • Amnesty proclamations should be liberally construed as to carry
o To the government – tax officers are obliged to act out their purpose
promptly in the making of the assessments • Purpose – to encourage to return to the fold of the law of those
o To the taxpayer – would have a feeling of security who have veered from the law
against unscrupulous tax agents who will always • E.g. in case of doubt as to whether certain persons come within
find an excuse to inspect the books of taxpayers the amnesty proclamation, the doubt should be resolved in
• Laws on prescription – remedial measure – interpreted liberally their favor and against the state
affording protection to the taxpayers • Same rule applies to pardon since pardon and amnesty is
synonymous

Statutes prescribing prescriptions of crimes

Statutes imposing penalties for nonpayment of tax • Liberally construed in favor of the accused
• liberally construed in favor of government and strictly construed • Reason – time wears off proof and innocence
against the taxpayer • Same as amnesty and pardon
• intention to hasten tax payments or to punish evasions or neglect
of duty in respect thereto Peo v. Reyes
• liberal construction would render penalties for delinquents • Art. 91 RPC – “period of prescription shall commence to run
nugatory from the day the crime is discovered by the offended,
authorities, xxx”
Election laws • When does the period of prescription start – day of discovery or
• Election laws should be reasonably and liberally construed to registration in the Register of Deeds?
achieve their purpose • Held: From the time of registration
• Purpose – to effectuate and safeguard the will of the electorate • Notice need not be actual for prescription to run; constructive
in the choice of their representatives notice is enough
• 3 parts • More favorable to the accused if prescriptive period is counted
o Provisions for the conduct of elections which election from the time of registration
officials are required to follow
o Provisions which candidates for office are required to Adoption statutes
perform • Adoption statutes are liberally construed in favor of the child to
o Procedural rules which are designed to ascertain, in be adopted
case of dispute, the actual winner in the • Paramount consideration – child and not the adopters
elections
Veteran and pension laws
ϑ Different rules and canons or statutory construction govern such • Veteran and pension laws are enacted to compensate a class of
provisions of the election law men who suffered in the service for the hardships they
endured and the dangers they encountered in line of duty
• Part 1: o Expression of gratitude to and recognition of those
o Rules and regulations for the conduct of elections ♣ who rendered service to the country by extending
 to them regular monetary benefit contracted during his incumbency in office and prior to the
• Veteran and pension laws are liberally construed in favor of date of retirement he shall receive only a gratuity equivalent
grantee to 10 years salary and allowances aforementioned with no
further annuity payable monthly during the rest of the
retiree’s natural life” is entitled to a monthly lifetime
Del Mar v. Phil. Veterans Admin pension after the 10-year period
• Where a statute grants pension benefits to war veterans, except • Held: Yes! 10-year lump sum payment is intended to assist the
those who are actually receiving a similar pension from other stricken retiree meeting his hospital and doctor’s bills and
expenses for his support
government funds
• The retirement law aims to assist the retiree in his old age, not
• Statcon – “government funds” refer to funds of the same
to punish him for having survived
government and does not preclude war veterans receiving
similar pensions from the US Government from enjoying the
benefits therein provided Cena v. CSC
• Issue: whether or not a government employee who has reached
the compulsory retirement age of 65 years, but who has
Board of Administrators Veterans Admin v. Bautista rendered less than 15 years of government service, may be
allowed to continue in the service to complete the 15-year
• Veteran pension law is silent as to the effectivity of pension
service requirement to enable him to retire with benefits of
awards, it shall be construed to take effect from the date it
an old-age pension under Sec 11(b) PD 1146
becomes due and NOT from the date the application for
pension is approved, so as to grant the pensioner more • However, CSC Memorandum Circular No 27 provides that “any
benefits and to discourage inaction on the part of the officials request for extension of compulsory retirees to complete the
who administer the laws 15-years service requirement for retirement shall be allowed
only to permanent appointees in the career service who are
regular members of the GSIS and shall be granted for a
Chavez v. Mathay
period not exceeding 1 year
• While veteran or pension laws are to be construed liberally, they
should be so construed as to prevent a person from receiving • Held: CSC Memorandum Circular No 27 unconstitutional! It is
double pension or compensation, unless the law provides an administrative regulation which should be in harmony
otherwise with the law; liberal construction of retirement benefits

Rules of Court
Santiago v. COA
• Explained liberal construction or retirement laws • Intention is • RC are procedural – to be construed liberally
to provide for sustenance, and hopefully even comfort when he • Purpose of RC – the proper and just determination of a litigation
no longer has the stamina to continue earning his livelihood • Procedural laws are no other than technicalities, they are
• He deserves the appreciation of a grateful government at best adopted not as ends in themselves but as means conducive to
concretely expressed in a generous retirement gratuity the realization of the administration of law and justice
commensurate with the value and length of his service • RC should not be interpreted to sacrifice substantial rights at the
expense of technicalities
Ortiz v. COMELEC
• Issue: whether a commissioner of COMELEC is deemed to have Case v. Jugo
completed his term and entitled to full retirement benefits • Lapses in the literal observance of a rule of procedure will be
under the law which grants him 5-year lump-sum gratuity overlooked when they do not involve public policy; when
and thereafter lifetime pension, who “retires from the service they arose from an honest mistake or unforeseen accident;
after having completed his term of office,” when his courtesy when they have not prejudiced the adverse party and have
resignation submitted in response to the call of the President not deprived the court of its authority
following EDSA Revolution is accepted • Literal stricture have been relaxed in favor of liberal
• Held: Yes! Entitled to gratuity construction
• Liberal construction o Where a rigid application will result in manifest
• Courtesy resignation – not his own will but a mere failure or miscarriage of justice
manifestation of submission to the will of the political o Where the interest of substantial justice will be served
authority and appointing power o Where the resolution of the emotion is addressed
In Re Application for Gratuity Benefits of Associate Justice Efren I solely to the sound and judicious discretion of the
Plana court
• Issue: whether Justice Plana is entitled to gratuity and o Where the injustice to the adverse party is not
retirement pay when, at the time of his courtesy resignation commensurate with the degree of his
was accepted following EDSA Revolution and establishment thoughtlessness in not complying with the
of a revolutionary government under the Freedom prescribed procedure
Constitution, he lacked a few months to meet the age • Liberal construction of RC does not mean they may be ignored;
requirement for retirement under the law but had they are required to be followed except only for the most
accumulated a number of leave of credits which, if added to persuasive reasons
his age at the time, would exceed the age requirement
• Held: yes, entitled to gratuity! Liberal construction applied Other statutes
• Curative statutes – to cure defects in prior law or to validate
In Re Pineda legal proceedings which would otherwise be void for want
• Explained doctrine laid down in the previous case • The of conformity with certain legal requirements; retroactive
crediting of accumulated leaves to make up for lack of required age or • Redemption laws – remedial in nature – construed liberally to
length of service is not done discriminately • xxx only if satisfied that carry out purpose, which is to enable the debtor to have his
the career of the retiree was marked by competence, integrity, and property applied to pay as many debtor’s liability as possible
dedication to the public service In Re Martin • Statutes providing exemptions from execution are interpreted
• Issue: whether a justice of the SC, who availed of the disability liberally in order to give effect to their beneficial and
retirement benefits pursuant to the provision that “if the humane purpose
reason for the retirement be any permanent disability
 • Laws on attachment – liberally construed to promote their rights are injuriously affected – mandatory
objects and assist the parties obtaining speedy justice o Purpose is accomplished in a manner other than that
• Warehouse receipts – instrument of credit – liberally construed prescribed and substantially the same results
in favor of a bona fide holders of such receipts • Probation laws – obtained - directory
liberally construed • Statutes couched in mandatory form but compliance is merely
o Purpose: to give first-hand offenders a second chance directory in nature
to maintain his place in society through the o If strict compliance will cause hardship or injustice on
process of reformation the part of the public who is not at fault
• Statute granting powers to an agency created by the o If it will lead to absurd, impossible, or mischievous
Constitution should be liberally construed for the consequences
advancement of the purposes and objectives for which it was ♣ If an officer is required to do a positive
created
act but fails because such actions will
lead to the aforementioned, he will only
CHAPTER EIGHT: Mandatory and Directory be subject to administrative sanction for
his failure to do what the law requires
Statutes IN GENERAL

Generally
• Mandatory and directory classification of statutes – importance: Language used
what effect should be given to the mandate of a statute
• Generally mandatory – command words
o Shall or Shall not
Mandatory and directory statutes, generally
• Mandatory statute – commands either positively that something o Must or Must not
be done in a particular way, or negatively that something be o Ought or Ought not
not done; it requires OBEDIENCE, otherwise void o Should or Should not
• Directory statute – permissive or discretionary in nature and o Can or Cannot
merely outlines the act to be done in such a way that no • Generally directory – permissive words
injury can result from ignoring it or that its purpose can be o May or May not
accomplished in a manner other than that prescribed and
substantially the same result obtained; confer direction upon
Use of “shall” or “must”
a person; non-performance of what it prescribes will not
vitiate the proceedings therein taken • Generally, “shall” and “must” is mandatory in nature • If a
different interpretation is sought, it must rest upon something in
the character of the legislation or in the context which will justify
When statute is mandatory or directory
a different meaning
• No absolute test to determine whether a statute is directory or
• The import of the word ultimately depends upon a consideration
mandatory
of the entire provision, its nature, object and the
• Final arbiter – legislative intent consequences that would follow from construing it one way
• Legislative intent does not depend on the form of the statute; or the other
must be given to the entire statute, its object, purpose,
legislative history, and to other related statutes Loyola Grand Villa Homeowners (South) Assn., Inc. v.
• Mandatory in form but directory in nature – possible • Whether CA • “must” construed as directory
a statute is mandatory or directory depends on whether the thing • Corporation Code Sec 46 reads “ every corporation formed
directed to be done is of the essence of the thing required, or is a under this Code MUST within one month after receipt of
mere matter of form, what is a matter of essence can often be official notice of the issuance of its certification of
determined only by judicial construction incorporation with the SEC, adopt a code of by-laws for its
o Considered directory – compliance is a matter of government not inconsistent with this Code”
convenience; where the directions of a statute are
given merely with a view to the proper, orderly
• PD 902-A which is in pari material with the Corporation Code
states that the non-filing of the by-laws does not imply the
and prompt conduct of business; no substantial
“demise” of the corporation; that there should be a notice
rights depend on it
and hearing before the certificate of registration may be
o Considered mandatory – a provision relating to the cancelled by the failure to file the by-laws
essence of the thing to be done, that is, to matters
of substance; interpretation shows that the
• One test whether mandatory or directory compliance must be
legislature intended a compliance with such made – whether non-compliance with what is required will
provision to be essential to the validity of the act or result in the nullity of the act; if it results in the nullity, it is
proceeding, or when some antecedent and mandatory
prerequisite conditions must exist prior to the
exercise of the power, or must be performed before Director of Land v. CA
certain other powers can be exercised • Law requires in petitions for land registration that “upon receipt
of the order of the court setting the time for initial hearing to
Test to determine nature of statute be published in the OG and once in a newspaper of general
• Test is to ascertain the consequences that will follow in case circulation in the Philippines”
what the statute requires is not done or what it forbids is • Law expressly requires that the initial hearing be published in
performed the OG AND in the newspaper of general circulation –
• Does the law give a person no alternative choice? – if yes, then reason: OG is not as widely read of the newspaper of general
it is mandatory circulation
• Depends on the effects of compliance • “shall” is imperative/ mandatory
o If substantial rights depend on it and injury can result • Without initial hearing being published in a newspaper of
from ignoring it; intended for the protection general circulation is a nullity
of the citizens and by a disregard of which their
 Use of “may” • Given as a remedy to those entitled to invoke its aid
• An auxiliary verb showing opportunity or possibility •
Generally, directory in nature Statutes granting benefits
• Used in procedural or adjective laws; liberally construed • • Considered mandatory
Example: Sec 63 of the corporation Code – “shares of stock so • Failure of the person to take the required steps or to meet the
issued are personal property and MAY be transferred by delivery conditions will ordinarily preclude him from availing of the
of the certificate or certificated endorsed by the owner statutory benefits
o “may” is merely directory and that the transfer of the • Vigilantibus et non dormientibus jura subveniunt – the laws aid
shares may be effected in a manner different the vigilant, not those who slumber on their rights
from that provided for in law • Potior est in tempoe, potior est in jure – he who is first in time
is preferred in right
When “shall” is construed as “may” and vice versa
• Rule: “may” should be read “shall” Statutes prescribing jurisdictional requirements
o where such construction is necessary to give effect to • Considered mandatory
the apparent intention of the legislature • Examples
o where a statute provides for the doing os some act o Requirement of publication
which is required by justice r public duty
o Provision in the Tax Code to the effect that before an
o where it vests a public body or officer with power and
action for refund of tax is filed in court, a
authority to take such action which concerns
written claim therefore shall be presented with the
for the public interest or rights of individuals
CIR within the prescribed period is mandatory and
• Rule: “shall” should be read “may” failure to comply with such requirement is fatal to
o When so required by the context or by the intention of the action
the legislature
o When no public benefit or private right requires that it Statutes prescribing time to take action or to appeal
be given an imperative meaning • Generally mandatory
• Held as absolutely indispensable to the prevention of needless
Diokno v. Rehabilitiation Finance Corp delays and to the orderly and speedy discharge or business,
• Sec. 2 RA 304 reads “banks or other financial institutions and are necessary incident to the proper, efficient, and
owned or controlled by the Government SHALL, subject to orderly discharge of judicial functions
availability of funds xxx accept at a discount at not more • Strict not substantial compliance
than 20% for 10 years of such backpay certificate” • Not waivable, nor can they be the subject of agreements or
• “Shall” implies discretion because of the phrase “subject to stipulation of litigants
availability of funds”
Reyes v. COA
Govermnent v. El Hogar Filipino • Sec. 187 RA 7160 – process of appeal of dissatisfied taxpayer
• Corporation Codes reads “SHALL, upon such violation being on the legality of tax ordinance
proved, be dissolved by quo warranto proceedings” • “Shall” o Appeal to the Sec of Justice within 30 days of
construed as “may” effectivity of the tax ordinance
o If Sec of Justice decides the appeal, a period of 30
Berces, Sr. v. Guingona days is allowed for an aggrieved party to go to
• Sec. 68 Ra 7160 (LGC) provides that an appeal from an adverse court
decision against a local elective official to the President o If the Sec of Justice does not act thereon, after the
“SHALL not prevent a decision from becoming final and lapse of 60 days, a party could already proceed to
executor” seek relief in court
• “Shall” is not mandatory because there is room to construe said • Purpose of mandatory compliance: to prevent delays and
provision as giving discretion to the reviewing officials to enhance the speedy and orderly discharge of judicial
stay the execution of the appealed decision functions
Use of negative, prohibitory or exclusive terms • Unless the requirements of law are complied with, the decision
• A negative statute is mandatory; expressed in negative words or of the lower court will become final and preclude the
in a form of an affirmative proposition qualified by the word appellate court from acquiring jurisdiction to review it
“only”
• “only” exclusionary negation
• Interest reipiciae ut sit finis litium – public interest requires that
• Prohibitive or negative words can rarely, if ever, be by the very nature of things there must be an end to a legal
discretionary controversy

Gachon v. Devera, Jr
• Issue: whether Sec 6 of the Rule on Summary Procedure, which
MANDATORY STATUTES reads “ should the defendant fail to answer the complaint
within the period above provided, the Court, motu proprio,
Statutes conferring power or on motion of the plaintiff, SHALL render judgment as
• Generally regarded as mandatory although couched in a may be warranted by the facts alleged in the complaint and
permissive form limited to what is prayed for therein,” is mandatory or
• Should construe as imposing absolute and positive duty rather directory, such that an answer filed out of time may be
than conferring privileges accepted
• Power is given for the benefit of third persons, not for the • Held: mandatory
public official o Must file the answer within the reglementary period
• Granted to meet the demands of rights, and to prevent a failure o Reglementary period shall be ‘non-extendible’
of justice o Otherwise, it would defeat the objective of expediting
 the adjudication of suits • Intended for the security of the citizens, or to insure the equality
of taxation, or for certainty as to the nature and amount of
Statutes prescribing procedural requirements each other’s tax – MANDATORY
• Construed mandatory o E.g. Statutes requiring the assessor to notify the
• Procedure relating to jurisdictional, or of the essence of the taxpayer of the assessment of his property within a
proceedings, or is prescribed for the protection or benefit of prescribed period
the party affected • Those designed merely for the information or direction of
• Where failure to comply with certain procedural requirements officers or to secure methodical and systematic modes of
will have the effect of rendering the act done in connection proceedings - DIRECTORY
therewith void, the statute prescribing such requirements is
regarded as mandatory even though the language is used Statutes concerning public auction sale
therein is permissive in nature • Construed mandatory
• Procedural steps must be strictly followed
De Mesa v. Mencias • Otherwise, void
• Sec 17, Rule 3 RC – “after a party dies and the claim is not
thereby extinguished, the court shall order, upon proper DIRECTORY STATUTES
notice, the legal representative of the deceased to appear and
to be substituted xxx. If legal representative fails to appear Statutes prescribing guidance for officers
xxx, the court MAY order the opposing party to produce the • Regulation designed to secure order, system, and dispatch in
appointment of a legal representative xxx” proceedings, and by a disregard of which the rights of parties
• Although MAY was used, provision is mandatory interested may not be injuriously affected – directory
• Procedural requirement goes to the very jurisdiction of the o Exception – unless accompanied by negative words
court, for “unless and until a legal representative is for him is importing that the acts required shall not be
duly named and within the jurisdiction of the trial court, no done in any other manner or time than that
adjudication in the cause could have been accorded any designated
validity or the binding effect upon any party, in
representation of the deceased, without trenching upon the Statutes prescribing manner of judicial action
fundamental right to a day in court which is the very essence • Construed directory
of the constitutionally enshrined guarantee of due process
• Procedure is secondary in importance to substantive right •
Generally, non-compliance therewith is not necessary to the
Election laws on conduct of election
validity of the proceedings
• Construed as mandatory
• Before election – mandatory Statutes requiring rendition of decision within prescribed period • Sec
• After election – directory, in support of the result unless of a 15(1) Art. VIII, 1987 Constitution – the maximum period within which
character to affect an obstruction to the free and intelligent a case or matter shall be decided or resolved from the date of its
casting of the votes, or to the ascertainment of the result, or submission shall be
unless it is expressly declared by the statute that the
o 24 months – SC
particular act is essential to the validity of an election, or that
its omission shall render it void (whew, and haba!) o 12 months – lower collegiate courts
• When the voters have honestly cast their ballots, the same o 3 months – all other lower courts
should not be nullified simply because the officers appointed • Sec 7 Art. IX-A, 1987 Constitution –
under the law to direct the elections and guard the purity of o 60 days from the date of its submission for resolution
the ballot have not done their duty – for all Constitutional Commissions
• For where a candidate has received popular mandate, • Before the Constitution took effect - Statutes requiring rendition
overwhelmingly and clearly expressed, all possible doubts of decision within prescribed period – Directory o Except
should be resolved in favor of the candidates eligibility, for ♣ intention to the contrary is manifest
to rule otherwise is to defeat the will of the electorate ♣ time is of the essence of the thing to be
done
Delos Reyes v. Rodriguez ♣ language of the statute contains negative
• The circumstance that the coupon bearing the number of the
words
ballot is not detached at the time the ballot is voted, as
required by law, does not justify the court in rejecting the ♣ designation of the time was intended as a
ballot limitation of power, authority or right
• always look at intent to ascertain whether to give the statute a
Election laws on qualification and disqualification mandatory or directory construction
• The rule of “before-mandatory and after-directory” in election o basis: EXPEDIENCY – less injury results to the
laws only applies to procedural statutes; general public by disregarding than enforcing the
• Not applicable to provisions of the election laws prescribing the little of the law and that judges would otherwise
time limit to file certificate of candidacy and the abstain from rendering decisions after the period to
qualifications and disqualifications of elective office – render them had lapsed because they lacked
considered mandatory even after election jurisdiction tot do so

Statutes prescribing qualifications for office Querubin v. CA

• Eligibility to a public office is of a continuing nature and must • Statute: appeals in election cases “shall be decided within 3
exist at the commencement of the term and during the months after the filing of the case in the office of the clerk of
occupancy of the office court”
• Statutes prescribing the eligibility or qualifications of persons to • Issue: whether or not CA has jurisdiction in deciding the
a public office are regarded as mandatory election case although the required period to resolve it has
• Example in the book – lawyer-judge; judge-disbarment as expired
lawyer • Held: yes, otherwise is to defeat the administration of justice
Statutes relating to assessment of taxes upon factors beyond the control of the parties; would defeat
 the purpose of due process; dismissal will constitute o one which takes away or impairs vested rights
miscarriage of justice; speedy trial would be turned into acquired under existing laws
denial of justice o creates a new obligation and imposes a new duty o
o Failure of judge to take action within the said period attaches a new disability in respect of transactions or
merely deprives him of their right to collect considerations already past
their salaries or to apply for leaves, but does not
deprive them of the jurisdiction to act on the cases Laws operate prospectively, generally
pending before them • It is a settled rule in statutory construction that statutes are to be
construed as having only prospective operation, unless the
Constitutional time provision directory intendment of the legislature is to give them a retroactive
Marcelino v. Cruz effect, expressly declare or necessarily implied from the
• Sec 15(1) Art. VIII, 1987 Constitution – the maximum period language used.
within which a case or matter shall be decided or resolved • No court will hold a statute to be retroactive when the
from the date of its submission shall be legislature has not said so.
o 24 months – SC • Art. 4 of the Civil Code which provides that “Laws shall have
o 12 months – lower collegiate courts no retroactive effect, unless the contrary is provided.” • Lex
o 3 months – all other lower courts prospicit, non respicit – the law looks forward, not backward
• Sec 15(1) Art. VIII, 1987 Constitution – directory • • Lex de future, judex de praeterito – the law provides for the
Reasons: future, the judge for the past.
o Statutory provisions which may be thus departed • If the law is silent as to the date of its application and that it is
from with impunity, without affecting the validity couched in the past tense does not necessarily imply that it
of statutory proceedings, are usually those which should have retroactive effect.
relate to the mode or time of doing that which is
essential to effect the aim and purpose of the Grego v. Comelec
legislature or some incident of the essential act – • A statute despite the generality of its language, must not be so
thus directory construed as to overreach acts, events, or matters which
o Liberal construction – departure from strict transpired before its passage
compliance would result in less injury to the • Statute: Sec.40 of the LGC disqualifying those removed from
general public than would its strict application office as a result of an administrative case from running for
o Courts are not divested of their jurisdiction for failure local elective positions cannot be applied retroactively.
to decide a case within the 90-day period • Held: It cannot disqualify a person who was administratively
o Only for the guidance of the judges manning our removed from his position prior to the effectivity of said
courts Code from running for an elective position.
o Failure to observe said rule constitutes a ground for • Rationale: a law is a rule established to guide actions with no
administrative sanction against the defaulting binding effect until it is enacted.
judge
♣ A certification to this effect is required • Nova constitution futuris formam imponere debet non
before judges are allowed to draw their praeteretis – A new statute should affect the future, not the
salaries past.

CHAPTER NINE: Prospective and Retroactive

Statutes IN GENERAL
• Prospectivity applies to:
Prospective and retroactive statutes, defined o Statutes
• Prospective – o Administrative rulings and circulars
o operates upon facts or transactions that occur after the o Judicial decisions
statute takes effect
• The principle of prospectivity of statutes, original or
o looks and applies to the future. amendatory, has been applied in many cases. These include:
• Retroactive –
o Law which creates a new obligation, imposes a new Buyco v. PNB
duty or attaches a new disability in respect to • Statute: RA 1576 which divested the PNB of authority to accept
a transaction already past. back pay certificates in payment of loans
o A statute is not made retroactive because it draws on • Held: does not apply to an offer of payment made before
antecedent facts for its operation, or part of the effectivity of the act.
requirements for its action and application is drawn
from a time antedating its passage.
Lagardo v. Masaganda
Umali vs. Estanislao • Held: RA 2613, as amended by RA 3090 ON June 1991,
• A law may be made operative partly on facts that occurred prior granting inferior courts jurisdiction over guardianship cases,
to the effectivity of such law without being retroactive. • Statute: could not be given retroactive effect in the absence of a
RA 7167- granting increased personal exemptions from income saving clause.
tax to be available thenceforth, that is, aftersaid Act became
effective and on or before the deadline for filing income tax Larga v. Ranada Jr.
returns, with respect to compensation income earned or received • Held: Sec. 9 & 10 of E.O. 90 amending Sec 4 of P.D. 1752
during the calendar year prior to the date the law took effect. could have no retroactive application.

Castro v. Sagales Peo v. Que Po Lay

• A retroactive law (in a legal sense)
 • Held: a person cannot be convicted of violating Circular 20 of o Remedial or curative statutes
the Central Bank, when the alleged violation occurred before o Statutes which create new rights
publication of the Circular on the Official Gazette. o Statute expressly provides that it shall apply
Baltazar v. CA retroactively
• Held: It denied retroactive application to PD 27 decreeing the o Where it uses words which clearly indicate its intent
emancipation of tenants from the bondage of the soil, & PD • Problem in construction is when it is applied retroactively, to
316, prohibiting ejectment of tenants from rice & corn
avoid frontal clash with the Constitution and save the law
farmholdings pending promulgation of rules & regulations
from being declared unconstitutional.
implementing PD 27
STATUTES GIVEN PROSPECTIVE EFFECT
Nilo v CA
• Held: removed ‘personal cultivation’ as the ground for
Penal statutes, generally
ejectment of a tenant can’t be given retroactive effect in
absence of statutory statement for retroactivity. • 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
• Applied to administrative rulings & circulars:
commission.
• Provision is recognition to the universally accepted principle
ABS-CBN Broadcasting v. CTA
that no penal law can have a retroactive effect, no act or
• Held: a circular or ruling of the CIR cannot be given retroactive omission shall be held to be a crime, nor its author punished,
effect adversely to a taxpayer. except by virtue of a law in force at the time the act was
committed.
Sanchez v. COMELEC
• Held: the holding of recall proceedings had no retroactive • Nullum crimen sine poena, nulla poena sine legis – there is no
application crime without a penalty, there is no penalty without a law.

Romualdez v. CSC Ex post facto law

• Held: CSC Memorandum Circular No. 29 cannot be given • Constitution provides that no ex post facto law shall be enacted.
retrospective effect so as to entitle to permanent appointment It also prohibits the retroactive application of penal laws
an employee whose temporary appointment had expired which are in the nature of ex post facto laws.
before the Circular was issued. • Ex post facto laws are any of the following:
• Applied to judicial decisions for even though not laws, are
o Law makes criminal an act done before the passage
evidence of what the laws mean and is the basis of Art.8 of
of the law and which was innocent when done,
the Civil Code wherein laws of the Constitution shall form
part of the legal system of the Philippines. and
punishes such act
Presumption against retroactivity o Law which aggravates a crime, makes it greater than
• Presumption is that all laws operate prospectively, unless the it was, when committed
contrary clearly appears or is clearly, plainly and o Law which changes the punishment & inflicts a
unequivocally expressed or necessarily implied. greater punishment than that annexed to the crime
• In case of doubt: resolved against the retroactive operation of when committed
laws o Law which alters the legal rules of evidence,
• If statute is susceptible of construction other than that of authorizes conviction upon less or different
retroactivity or will render it unconstitutional- the statute testimony than the law required at the time of the
will be given prospective effect and operation. commission of the offense
• Presumption is strong against substantive laws affecting o Law which assumes to regulate civil rights and
pending actions or proceedings. No substantive statute shall remedies only, but in effect imposes penalty or
be so construed retroactively as to affect pending litigations. deprivation of a right for something which when
done was lawful
Words or phrases indicating prospectivity o Law which deprives a person accused of a crime of
• Indicating prospective operation: some lawful protection to which he has become
o A statute is to apply “hereafter” or “thereafter” entitled, such as protection of a former conviction
o “from and after the passing of this Act” or acquittal, or proclamation of amnesty.
o “shall have been made” • Test if ex post facto clause is violated: Does the law sought to
o “from and after” a designated date be applied retroactively take from an accused any right vital
• “Shall” implies that the law makes intend the enactment to be for protection of life and liberty?
effective only in future. • Scope: applies only to criminal or penal matters
• Statutes have no retroactive but prospective effect: o • It does NOT apply to laws concerning civil proceedings
generally, or which affect or regulate civil or private rights
“It shall take effect upon its approval”
or political privilege
o Shall take effect on the date the President shall have
issued a proclamation or E.O., as provided in Alvia v. Sandiganbayan
the statute
• Law: as of the date of the effectivity of this decree, any case
Retroactive statutes, generally cognizable by the Sandiganbayan is not an ex post facto law
because it is not a penal statute nor dilutes the right of appeal
• The Constitution does not prohibit the enactment of retroactive of the accused.
statutes which do not impair the obligation of contract,
deprive persons of property without due process of law, or Bill of attainder
divest rights which have become vested, or which are not in
• Constitution provides that no bill of attainder shall be enacted.
the nature of ex post facto laws.
• Bill of attainder – legislative act which inflicts punishment
• Statutes by nature which are retroactive: without judicial trial
 • Essence: substitution of a legislative for a judicial determination prior statute under which he was prosecuted.
of guilt • General rule: An amendatory statute rendering an illegal act
• Serves to implement the principle of separation of powers by prior to its enactment no longer illegal is given retroactive
confining the legislature to rule-making & thereby effect does not apply when amendatory act specifically
forestalling legislative usurpation of judicial functions. provides that it shall only apply prospectively.
• History: Bill of Attainder was employed to suppress unpopular
causes & political minorities, and this is the evil sought to be Statutes substantive in nature
suppressed by the Constitution. • Substantive law
• How to spot a Bill of Attainder: o creates, defines or regulates rights concerning life,
o Singling out of a definite minority liberty or property, or the powers of agencies or
o Imposition of a burden on it instrumentalities for administration of public
o A legislative intent affairs.
o retroactive application to past conduct suffice to o that part of law which creates, defines & regulates
stigmatize rights, or which regulates rights or duties which
give rise to a cause of action
• Bill of Attainder is objectionable because of its ex post facto o that part of law which courts are established to
features.
administer
• Accordingly, if a statute is a Bill of Attainder, it is also an ex o when applied to criminal law: that which declares
post facto law. which acts are crimes and prescribe the
punishment for committing them
When penal laws applied retroactively o Cannot be construed retroactively as it might affect
• Penal laws cannot be given retroactive effect, except when they previous or past rights or obligations
are favorable to the accused.
• Substantive rights
• Art.22 of RPC “penal laws shall have a retroactive effect insofar
o One which includes those rights which one enjoys
as they favor the person guilty of a felony, who is not a
under the legal system prior to the disturbance of
habitual criminal, as this term is defined in Rule 5 Art 62 of
the Code , although at the time of the application of such normal relations.
laws a final sentence has been pronounced and the convict is • Cases with substantive statutes:
serving the same.
Tolentino v. Azalte
• This is not an ex post facto law. • In the absence of a contrary intent, statutes which lays down
• Exception to the general rule that all laws operate prospectively. certain requirements to be complied with be fore a case can
• Rule is founded on the principle that: the right of the state to be brought to court.
punish and impose penalty is based on the principles of
justice. Espiritu v. Cipriano
• Favorabilia sunt amplianda, adiiosa restrigenda – Conscience • Freezes the amount of monthly rentals for residential houses
and good law justify this exception. during a fixed period
• Exception was inspired by sentiments of humanity and accepted
by science. Spouses Tirona v. Alejo
• 2 laws affecting the liability of accused: • Law: Comprehensive Land Reform Law granting complainants
o In force at the time of the commission of the crime – tenancy rights to fishponds and pursuant to which they filed
during the pendency of the criminal action, a actions to assert rights which subsequently amended to
statute is passed exempt fishponds from coverage of statute
♣ reducing the degree of penalty • Held: Amendatory law is substantive in nature as it exempts
fishponds from its coverage.
♣ eliminating the offense itself
♣ removing subsidiary imprisonment in
case of insolvency to pay the civil • Test for procedural laws:
liability o if rule really regulates procedure, the judicial process
for enforcing rights and duties recognized
♣ prescription of the offense
by substantive law & for justly administering
• such statute will be applied
remedy and redress for a disregard or infraction of
retroactively and the trial court
them
before the finality of judgment
o If it operates as a means of implementing an existing
or the appellate court on appeal
from such judgment should right
take such statute in • Test for substantive laws:
consideration. o If it takes away a vested right
o Enacted during or after the trial of the criminal action o If rule creates a right such as right to appeal

Director v. Director of Prisons Fabian v. Desierto

• Where to prosecute an appeal or transferring the venue of
• When there is already a final judgment & accused is serving appeal is procedural
sentence, remedy is to file petition of habeas corpus,
alleging that his continued imprisonment is illegal pursuant • Example:
to said statute & praying that he be forthwith released. o Decreeing that appeals from decisions of the
Ombudsman in administrative actions be made to
• Exceptions to the rule: the Court of Appeals
o When accused is habitual delinquent o Requiring that appeals from decisions of the NLRC
be filed with the Court of Appeals
o When statute provides that it shall not apply to
• Generally, procedural rules are retroactive and are applicable to
existing actions or pending cases
actions pending and undermined at the time of the passage
o Where accused disregards the later law & invokes the of the procedural law, while substantive laws are prospective
Effects on pending actions • Law creating a new right in favor of a class of persons may not
• Statutes affecting substantive rights may not be given be so applied if the new right collides with or impairs any
retroactive operation so as to govern pending proceedings. vested right acquired before the establishment of the new
right nor, by the terms of which is retroactive, be so applied
Iburan v. Labes if:
• Where court originally obtains and exercises jurisdiction, a later o it adversely affects vested rights
statute restricting such jurisdiction or transferring it to o unsettles matter already done as required by existing
another tribunal will not affect pending action, unless statute law
provides & unless prohibitory words are used. o works injustice to those affected thereby

Lagardo v. Masagana Benguet Consolidated Mining Co v. Pineda

• Where court has no jurisdiction over a certain case but • While a person has no vested right in any rule of law entitling
nevertheless decides it, from which appeal is taken, a statute him to insist that it shall remain unchanged for his benefit,
enacted during the pendency of the appeal vesting nor has he a vested right in the continued existence of a
jurisdiction upon such trial court over the subject matter or statute which precludes its change or repeal, nor in any
such case may not be given retroactive effect so as to omission to legislate on a particular matter, a subsequent
validate the judgment of the court a quo, in the absence of a statute cannot be so applied retroactively as to impair his
saving clause. right that accrued under the old law.
• Statutes must be so construed as to sustain its constitutionality,
Republic v. Prieto and prospective operation will be presumed where a
• Where a complaint pending in court is defective because it did retroactive application will produce invalidity.
not allege sufficient action, it may not be validated by a
subsequent law which affects substantive rights and not
merely procedural matters.
Peo v. Patalin
• Rule against the retroactive operation of statutes in general • The abolition of the death penalty and its subsequent re
applies more strongly with respect to substantive laws that imposition. Those accused of crimes prior to the re
affect pending actions or proceedings. imposition of the death penalty have acquired vested rights
under the law abolishing it.
Qualification of rule • Courts have thus given statutes strict constriction to prevent
• A substantive law will be construed as applicable to pending their retroactive operation in order that the statutes would
actions if such is the clear intent of the law. not impair or interfere with vested or existing rights.
• To promote social justice or in the exercise of police power, is Accused appellant ‘s rights to be benefited by the abolition
intended to apply to pending actions of the death penalty accrued or attached by virtue of Article
• As a rule, a case must be decided in the light of the law as it 22 of the Revised Penal Code. This benefit cannot be taken
exists at the time of the decision of the appellate court, away from them.
where the statute changing the law is intended to be
retroactive and to apply to pending litigations or is Statutes affecting obligations of contract
retroactive in effect • Any contract entered into must be in accordance with, and not
• This rule is true though it may result in the reversal of a repugnant to, the applicable law at the time of execution.
judgment which as correct at the time it was rendered by the Such law forms part of, and is read into, the contract even
trial court. The rule is subject to the limitation concerning without the parties expressly saying so.
constitutional restrictions against impairment of vested rights • Laws existing at the time of the execution of contracts are the
ones applicable to such transactions and not later statutes,
Statutes affecting vested rights unless the latter provide that they shall have retroactive
• A vested right or interest may be said to mean some right or effect.
interest in property that has become fixed or established and • Later statutes will not, however, be given retroactive effect if to
is no longer open to doubt or controversy do so will impair the obligation of contracts, for the
• Rights are vested when the right to enjoyment, present or Constitution prohibits the enactment of a law impairing the
prospective, has become the property of some particular obligations of contracts.
person or persons, as a present interest • Any law which enlarges, abridges, or in any manner changes
• The right must be absolute, complete and unconditional, the intention of the parties necessarily impairs the contract
independent of a contingency itself
• A mere expectancy of future benefit or a contingent interest in • A statute which authorizes any deviation from the terms of the
property founded on anticipated continuance of existing contract by postponing or accelerating the period of
laws does not constitute a vested right performance which it prescribes, imposing conditions not
expressed in the contract, or dispensing with those which are
• Inchoate rights which have not been acted on are not vested
however minute or apparently immaterial in their effect upon
the contract, impairs the obligation, and such statute should
not therefore be applied retroactively.
• As between two feasible interpretations of a statute, the court
• A statute may not be construed and applied retroactively under should adopt that which will avoid the impairment of the
the following circumstances: contract.
o if it impairs substantive right that has become vested; • If the contract is legal at it inception, it cannot be rendered
o as disturbing or destroying existing right embodied in illegal by a subsequent legislation.
a judgment; • A law by the terms of which a transaction or agreement would
o creating new substantive right to fundamental cause be illegal cannot be given retroactive effect so as to nullify
of action where none existed before and such transactions or agreement executed before said law
making such right retroactive; took effect.
o by arbitrarily creating a new right or liability already
extinguished by operation of law U.S. Tobacco Corp. v. Lina
 • The importation of certain goods without import license which it may not be given a retroactive effect unless it is so
was legal under the law existing at the time of shipment is provided expressly or by necessary implication and no
not rendered illegal by the fact that when the goods arrived vested right or obligations of contract are thereby impaired.
there was already another law prohibiting importation • The general rule on the prospective operation of statutes also
without import license. To rule otherwise in any of these applies to amendatory acts
instances is to impair the obligations of contract.
San Jose v. Rehabilitation Finance Corp
• RA 401 which condoned the interest on pre-war debts from
January 1, 1942 to December 31, 1945 amended by RA 671
on June 16, 1951 by virtually reenacting the old law and
providing that “if the debtor, however, makes voluntary
payment of the entire pre-war unpaid principal obligation on
Illustration of rule or before December 31, 1952, the interest on such principal
obligation corresponding from January 1, 1946 to day of
People v. Zeta payment are likewise condoned”
• Existing law: authorizing a lawyer to charge not more than 5% • Held: a debtor who paid his pre-war obligation together with the
of the amount involved as attorney’s fees in the prosecution interests on March 14, 1951 or before the amendment was
of certain veteran’s claim. approved into law, is not entitled to a refund of the interest
• Facts: A lawyer entered into a contract for professional services paid from January 1, 1946 to March 14, 1951 the date the
on contingent basis and actually rendered service to its debtor paid the obligation.
successful conclusion. Before the claim was collected, a • Reason:
statute was enacted. o “makes voluntary payment” – denotes a present or
• New statute: Prohibiting the collection of attorney’s fees for future act; thereby not retroactively
services rendered in prosecuting veteran’s claims. o “unpaid principal obligation” and “condone” – imply
• Issue: For collecting his fees pursuant to the contract for that amendment does not cover refund of
professional services, the lawyer was prosecuted for interests paid after its approval.
violation of the statute.
• Held: In exonerating the lawyer, the court said: the statute CIR v. La Tondena
prohibiting the collection of attorney’s fees cannot be • Statute: imposes tax on certain business activities is amended by
applied retroactively so as to adversely affect the contract
eliminating the clause providing a tax on some of such
for professional services and the fees themselves.
activities, and the amended act is further amended, after the
• The 5% fee was contingent and did not become absolute and lapse of length of time, by restoring the clause previously
unconditional until the veteran’s claim had been collected by eliminated, which requires that the last amendment should
the claimant when the statute was already in force did no not be given retroactive effect so as to cover the whole
alter the situation. period.
• For the “distinction between vested and absolute rights is not
helpful and a better view to handle the problem is to declare Imperial v. CIR
those statutes attempting to affect rights which the courts • An amendment which imposes a tax on a certain business which
find to be unalterable, invalid as arbitrary and unreasonable, the statute prior to its amendment does not tax, may not be
thus lacking in due process.” applied retroactively so as to require payment of the tax on
• The 5% fee allowed by the old law is “not unreasonable. such business for the period prior to the amendment
Services were rendered thereunder to claimant’s benefits.
The right to fees accrued upon such rendition. Only the
Buyco v. Philippine National Bank
payment of the fee was contingent upon the approval of the
• Issue: can Buyco compel the PNB to accept his backpay
claim; therefore, the right was contingent. For a right to
certificate in payment of his indebtedness to the bank
accrue is one thing; enforcement thereof by actual payment
is another. The subsequent law enacted after the rendition of • April 24, 1956- RA 897 gave Buyco the right to have said
the services should not as a matter of simple justice affect certificate applied in payment of is obligation thus at that
the agreement, which was entered into voluntarily by the time he offered to pay with his backpay certificate.
parties as expressly directed in the previous law. To apply • June 16, 1956, RA 1576 was enacted amending the charter of
the new the PNB and provided that the bank shall have no authority
law to the case of defendant-appellant s as to deprive him of to accept backpay certificate in payment of indebtedness to
the agreed fee would be arbitrary and unreasonable as the bank.
destructive of the inviolability of contracts, and therefore • Held: The Court favored Buyco. All statutes are construed as
invalid as lacking in due process; to penalize him for having prospective operation, unless the purpose of the
collecting such fees, repugnant to our sense of justice.” legislature is to give them retroactive effect.
• This principle also applies to amendments. RA 1576 does not
Repealing and amendatory acts contain any provision regarding its retroactive effect. It
• Statutes which repeal earlier or prior laws operate simply states its effectivity upon approval. The amendment
prospectively, unless the legislative intent to give them therefore, has no retroactive effect, and the present case
retroactive effect clearly appears. should be governed by the law at the time the offer in
• Although a repealing state is intended to be retroactive, it will question was made
not be so construed if it will impair vested rights or the • The rule is familiar that after an act is amended, the original act
obligations of contracts, or unsettle matters that had been continues to be in force with regard to all rights that had
legally done under the old law. accrued prior to such amendment.
• Repealing statutes which are penal in nature are generally
applied retroactively if favorable to the accused, unless the Insular Government v. Frank
contrary appears or the accused is otherwise not entitled to • Where a contract is entered into by the parties on the basis of
the benefits of the repealing act. the law then prevailing, the amendment of said law will not
• While an amendment is generally construed as becoming a part affect the terms of said contract.
of the original act as if it had always been contained therein , • The rule applies even if one of the contracting parties is the
government
STATUTES GIVEN RETROACTIVE EFFECT statue and not declarative of certain rights with obligations
thereunder is given retroactive effect as of the date of the
Procedural laws effectivity of the statute.
• The general law is that the law has no retroactive effect. •
Exceptions: Atlas Consolidated Mining & Development Corp. v. CA • Issue:
o procedural laws whether a trial court has been divested of jurisdiction to hear and
o curative laws, which are given retroactive operation decide a pending case involving a mining controversy upon the
promulgation of PD 1281 which vests upon the Bureau of Mines
• Procedural laws
Original and exclusive jurisdiction to hear and decide mining
o adjective laws which prescribe rules and forms of controversies.
procedure of enforcing rights or obtaining redress
• Held: Yes. PD 1281 is a remedial statute.
for their invasion
• It does not create new rights nor take away rights that are
o they refer to rules of procedure by which courts already vested. It only operates in furtherance of a remedy
applying laws of all kinds can properly administer or confirmation of rights already in existence.
injustice • It does not come within the legal purview of a prospective law.
o they include rules of pleadings, practice and evidence As such, it can be given retrospective application of statutes.
o Applied to criminal law, they provide or regulate the • Being procedural in nature, it shall apply to all actions pending
steps by which one who commits a crime is to at the time of its enactment except only with respect to those
be punished. cases which had already attained h character of a final and
o Remedial statutes or statutes relating to modes of executor judgment.
procedure- which do not create new or take away • Were it not so, the purpose of the Decree, which is to facilitate
vested rights, but only operate in furtherance of the the immediate resolution of mining controversies by
remedy or confirmation of the rights already granting jurisdiction to a body or agency more adept to the
existing, do not come within the legal conception technical complexities of mining operations, would be
of a retroactive law, or the general rule against the thwarted and rendered meaningless.
retroactive operation of statutes. • Litigants in a mining controversy cannot be permitted to choose
o A new statute which deals with procedure only is a forum of convenience.
presumptively applicable to all actions – those • Jurisdiction is imposed by law and not by any of the parties to
which have accrued or are pending. such proceedings.
o Statutes regulating the procedure of the courts will be • Furthermore, PD 1281 is a special law and under a well
construed as applicable to actions pending and accepted principle in stat con, the special law will prevail
undetermined at the time of their passage. over a stature or law of general application.
• The retroactive application of procedural laws is not: o violative
of any right of a person who may feel that he is adversely Subido, Jr. v. Sandiganbayan
affected; • Court ruled that RA 7975, in further amending PD 1606 as
o nor constitutionally objectionable. regards the Sandiganbayan’s jurisdiction, mode of appeal,
and other procedural matters, is clearly a procedural law, i.e.
• Rationale: no vested right may attach to, nor arise from, one which prescribes rules and forms of procedure enforcing
procedural laws. rights or obtaining redress for their invasion, or those which
• A person has no vested right in any particular remedy, and a refer to rules of procedure by which courts applying laws of
litigant cannot insist on the application to the trial of his all kinds can properly administer justice.
case, whether civil or criminal, of any other than the existing
• The petitioners suggest that it is likewise curative or remedial
rules of procedure
statute, which cures defects and adds to the means of
enforcing existing obligations.
Alday v. Camillon
• As a procedural and curative statute, RA 7975 may validly be
• Provision: BP 129- “nor record or appeal shall be required to
given retroactive effect, there being no impairment of
take an appeal.” (procedural in nature and should be applied
contractual or vested rights.
retroactively)
• Issue: Whether an appeal from an adverse judgment should be
Martinez v. People
dismissed for failure of appellant to file a record on appeal
within 30 days as required under the old rules. • Statutes regulating the procedure of the courts will be construed
as applicable to actions pending and undermined at the time
• Such question is pending resolution at the time the BP Blg took
of their passage.
effect, became academic upon effectivity of said law
because the law no longer requires the filing a of a record on • Where at the time the action was filed, the Rules of Court: “a
appeal and its retroactive application removed the legal petition to be allowed to appeal as pauper shall not be
obstacle to giving due course to the appeal. entertained by the appellate court”
• The subsequent amendment thereto deleting the sentence
Castro v. Sagales implies that the appellate court is no longer prohibited from
entertaining petitions to appear as pauper litigants, and may
• A statute which transfers the jurisdiction to try certain cases
grant the petition then pending action, so long as its
from a court to a quasi-judicial tribunal is a remedial statute
requirements are complied with.
that is applicable to claims that accrued before its enactment
but formulated and filed after it took effect.
Exceptions to the rule
• Held: The court that has jurisdiction over a claim at the time it
accrued cannot validly try to claim where at the time the • The rule does not apply where:
claim is formulated and filed, the jurisdiction to try it has o the statute itself expressly or by necessary implication
been transferred by law to a quasi-judicial tribunal. provides that pending actions are
excepted from it operation, or where to apply it to
• Rationale: for even actions pending in one court may be validly pending proceedings would impair vested rights
be taken away and transferred to another and no litigant can
o Courts may deny the retroactive application of
acquire a vested right to be heard by one particular court.
procedural laws in the event that to do so would
not be feasible or would work injustice.
• An administrative rule: which is interpretative of a pre existing
 o Nor may procedural laws be applied retroactively to • Agpalo
pending actions if to do so would involve o curative statutes are healing acts curing defects and
intricate problems of due process or impair the adding to the means of enforcing existing
independence of the courts. obligations
o and are intended to supply defects abridge
Tayag v. CA superfluities in existing laws& curb certain evils
• Issue: whether an action for recognition filed by an illegitimate o by their very nature, curative statutes are retroactive
minor after the death of his alleged parent when Art 285 of and reach back to the past events to
the Civil Code was still in effect and has remained pending correct errors or irregularities & to render valid &
Art 175 of the Family Code took effect can still be effective attempted acts which would be otherwise
prosecuted considering that Art 175, which is claimed to be ineffective for the purpose the parties intended
procedural in nature and retroactive in application, does not
• Curative statutes are forms of retroactive legislations which
allow filing of the action after the death of the alleged
reach back on past events to correct errors or irregularities &
parent.
to render valid & effective attempted acts which would be
• Held: The rule that a statutory change in matters of procedure otherwise ineffective for the purpose the parties intended.
may affect pending actions and proceedings, unless the Erectors, Inc. v. NLRC (hahhha for the petitioner)
language of the act excludes them from its operation, is not
• Statute: EO 111, amended Art 217 of the Labor Code to widen
so pervasive that it may be used to validate or invalidate
the workers, access to the government for redress of
proceedings taken before it goes into effect, since procedure
grievances by giving the Regional Directors & the Labor
must be governed by the law regulating it at the time the
Arbiters concurrent jurisdiction over cases involving money
question of procedure arises especially where vested rights
claims
maybe prejudiced.
• Issue: Amendment created a situation where the jurisdiction of
• Accordingly, Art 175 of the Family Code finds no proper
the RDs and LAs overlapped.
application to the instant case since it will ineluctably affect
adversely a right of private respondent and, consequentially, • Remedy: RA 6715further amended Art 217 by delineating their
of the minor child she represents, both of which have been respective jurisdictions. Under RA 6715, the RD has
vested with the filing of the complaint in court. The trial exclusive jurisdiction over cases involving claims, provided:
court is, therefore, correct in applying the provisions of Art o the claim is presented by an employer or person
285 of the Civil Code and in holding that private employed in domestic or household services or
respondent’s cause of action has not yet prescribed.” household help under the Code.
o the claimant no longer being employed does not seek
Curative statutes reinstatement
• curative remedial statutes are healing acts o the aggregate money claim of the employee or
• they are remedial by curing defects and adding to the means of househelper doesn’t exceed P5,000.
enforcing existing obligations All other cases are within the exclusive jurisdiction of the
• the rule to curative statutes is that if the thing omitted or failed Labor Arbiter.
to be done, and which constitutes the defect sought to be • Held: EO 111 & RA 6715 are therefore curative statutes. • A
removed or made harmless, is something which the curative statute is enacted to cure defects in a prior law or to
legislature might have dispensed with by a previous statute, validate legal proceedings, instruments or acts of public
it may do so by a subsequent one authorities which would otherwise be void for want of conformity
• curative statutes are intended to supply defects, abridge with certain existing legal requirements
superfluities in existing laws, and curb certain evils. They Adong v. Cheong Seng Gee
are designed and intended, but has failed of expected legal • Statutes intended to validate what otherwise void or invalid
consequence by reason of some statutory disability or marriages, being curative, will be given retroactive effect.
irregularity in their own action. They make valid that which,
before the enactment of the statute, was invalid. Santos v. Duata
• Their purpose is to give validity to acts done that would have • Statute which provides that a contract shall presumed an
been invalid under existing laws, as if existing laws have equitable mortgage in any of the cases therein enumerated,
been complied with and designed primarily to curtail evils brought about by
contracts of sale with right of repurchase, is remedial in
Frivaldo v. COMELEC nature & will be applied retroactively to cases arising prior
• (rested the definition of curative statutes) to

• Tolentino Tatad v. Garcia Jr.

o those which undertake to cure errors& irregularities, • Issue: Where there is doubt as to whether government agency
thereby validating judicial judicial or under the then existing law, has the authority to enter intoa
administrative proceedings, acts of public officers, negotiated contract for the construction of a government
or private deeds or contracts which otherwise project under the build-lease-and transfer scheme
would not produce their intended consequences by • Held: The subsequent enactment of a statute which recognizes
reason of some statutory disability or failure to direct negotiation of contracts under such arrangement is a
comply with some technical requirement curative statute.
the effectivity of the statute. • As all doubts and procedural lapses that might have attended the negotiated contract have been cured by the
subsequent
•
statute
Abad v. Phil American General Inc. lack of jurisdiction of the court at the commencement of the
• Where at the time action is filed in court the latter has no action.
jurisdiction over the subject matter but a subsequent statute
clothes it with jurisdiction before the matter is decided.
• The statute is in the nature of a curative law with retroactive Legarda v. Masaganda
operation to pending proceedings and cures the defect of • Where a curative statute is enacted after the court has rendered
 judgment, which judgment is naturally void as the court has the health, morals, peace, education, good order, safety and
at the time no jurisdiction over the subject of the action, the general welfare of the people
enactment of the statute conferring jurisdiction to the court • Any right acquired under a statute or under a contract is subject
does not validate the void judgment for the legislature has no to the condition that it may be impaired by the state in the
power to make a judgment rendered without jurisdiction of a legitimate exercise of its police power, since the reservation
valid judgment. of the essential attributes of sovereign power is deemed read
into every statute or contract as a postulate of the legal order
Frivaldo v. COMELEC
• (an example considered curative & remedial as well as one Statutes relating to prescription
which creates new rights & new remedies, generally held to • General rule: a statute relating to prescription of action, being
e retroactive in nature- PD 725, which liberalizes the procedural in nature, applies to all actions filed after its
procedure of repatriation) effectivity. In other words, such a statute is both:
• Held: PD 725 & the re-acquisition of the Filipino citizenship by o prospective in the sense that it applies to causes that
administrative repatriation pursuant to said decree is accrued and will accrue after it took effect, and
retroactive. o retroactive in the sense that it applies to causes that
accrued before its passage
De Castro v. Tan • However, a statute of limitations will not be given retroactive
• Held: what has been given retroactive effect in Frivaldo is not operation to causes of action that accrued prior to its
only the law itself but also Phil. Citizenship re-acquired enactment if to do so will remove a bar of limitation which
pursuant to said law to the date of application for has become complete or disturb existing claims without
repatriation, which meant that his lack of Filipino citizenship allowing a reasonable time to bring actions thereon
at the time he registered as a voter, one of the qualification is
as a governor, or at the time he filed his certificate of Nagrampa v. Nagrampa
candidacy for governorship, one of the qualification is as a • Statute: Art. 1116 of the Civil Code: “prescription already
governor, was cured by the retroactive application of his running before the effectivity of this Code shall be governed
repatriation. by laws previously in force; but if since the time this Code
took effect the entire period herein required for prescription
Republic v. Atencio should elapse, the present Code shall be applicable even
• Curative statute: one which confirms, refines and validate the though by the former laws a longer period might be
sale or transfer of a public land awarded to a grantee, which required.”
a prior law prohibits its sale within a certain period & • Held: The provision is retroactive since it applied to a cause that
otherwise invalid transaction under the old law. accrued prior to its effectivity which when filed has
prescribed under the new Civil Code even though the period
Municipality of San Narciso, Quezon v. Mendez of prescription prescribed under the old law has not ended at
• Statute: Sec. 442(d) of the Local Government Code of 1991, the time the action is filed in court
provides that municipal districts organized pursuant to • The fact that the legislature has indicated that the statute
presidential issuances or executive orders & which have relating to prescription should be given retroactive effect
their respective sets of elective municipal officials holding at will not warrant giving it if it will impair vested rights
the time of the effectivity of the code shall henceforth be • Statute of limitations prescribing a longer period to file an
considered as a regular municipalities action than that specified under the law may not be
• This is a curative statute as it validates the creation of construed as having retroactive application if it will revive
municipalities by EO which had been held to be an invalid the cause that already prescribed under the old statute for it
usurpation of legislative power. will impair vested rights against whom the cause is asserted.
• Statute which shorten the period of prescription & requires that
Limitations of rule causes which accrued prior to its effectivity be prosecuted or
• remedial statutes will not be given retroactive effect if to do so filed not later than a specific date may not be construed to
would impair the obligations of contract or disturb vested apply to existing causes which pursuant to the old law under
rights which they accrued, will not prescribe until a much longer
• only administrative or curative features of the statute as will not period than that specified in the later enactment because the
adversely affect existing rights will be given retroactive right to bring an action is founded on law which has become
operation vested before the passage of the new statute of limitations
• the exception to the foregoing limitations of the rule is a
remedial or curative statute which is enacted as a police Apparently conflicting decisions on prescription
power measure
• Statutes of this type may be given retroactive effect even though Billones v. CIR
they impair vested rights or the obligations of contract, if the • Issue: whether Sec. 7A of Common wealth Act 144, amended
legislative intent is to give them retrospective operation by RA 1993, to the effect that “any action to enforce an
• Rationale: The constitutional restriction against impairment cause (i.e. non payment of wages or overtime compensation)
against obligations of contract or vested rights does not under this Act shall be commenced within 3 years after such
preclude the legislature from enacting statutes in the exercise cause of action accrued, otherwise it shall be forever barred.
of its police power Provided, however, that actions already commenced before
the effective day of this Act shall not be affected by the
Police power legislations period herein prescribed.
• as a rule, statutes which are enacted in the exercise of police • As statute shortened the period of prescription from 6 to 3 yrs.
power to regulate certain activities, are applicable not only from the date the cause of action accrued, it was contended
to those activities or transactions coming into being after that to give retroactive effect would impair vested rights
their passage, but also to those already in existence since it would operate to preclude the prosecution of claims
that accrued more than 3 but less than 6 yrs.
• Rationale: the non-impairment of the obligations of contract or • Held: a statute of limitations is procedural in nature and no
of vested rights must yield to the legitimate exercise of vested right can attach thereto or arise therefrom.
power, by the legislature, to prescribe regulations to promote • When the legislature provided that “actions already commenced
 before the effectivity of this Act shall not be affected by the period. Such statutes are not only liberally construed but are
period herein prescribed,” it intended to apply the statute to applied retroactively if favorable to the accused.
all existing actions filed after the effectivity of the law.
• Because the statute shortened the period within which to bring Statutes relating to appeals
an action & in order to violate the constitutional mandate, • The right to appeal from an adverse judgment, other than that
claimants are injuriously affected should have a reasonable which the Constitution grants, is statutory and may be
period of 1 yr. from time new statute took effect within restricted or taken away
which to sue on such claims. • A statute relating to appeals is remedial or procedural in nature
and applies to pending actions in which no judgment has yet
Corales v. Employee’s Compensation Commission been promulgated at the time the statute took effect.
• Same issue on Billones but Court arrived at a different • Such statute, like other statutes, may not however be construed
conclusion. retroactively so as to impair vested rights. Hence, a statute
• Issue: Whether a claim for workmen’s compensation which which eliminates the right to appeal and considers the
accrued under the old Workmen’s Compensation Act judgment rendered in a case final and unappealable, destroys
(WCA) but filed under after March 31, 1975 is barred by the the right to appeal a decision rendered after the statute went
provision of the New Labor Code which repealed the WCA. into effect, but NOT the right to prosecute an appeal that has
• WCA requires that “workmen’s compensation claims accruing been perfected before the passage of the law, for in the latter
prior to the effectivity of this Code shall be filed with the case, the right of the appellant to appeal has become vested
appropriate regional offices of the Department of under the old law and may not therefore be impaired.
Labor not later than March 31, 1975, otherwise shall be • Stature shortening the period for taking appeals is to be given
barred forever.” prospective effect and may not be applies to pending
• Held: Provision doesn’t apply to workmen’s compensation that proceedings in which judgment has already been rendered at
accrued before Labor Code took effect, even if claims were the time of its enactment except if there’s clear legislative
not filed not later than March 31, 1975. intent.
• Rationale: prescriptive period for claims which accrued under Berliner v. Roberts
WCA as amended 10 yrs. which is “a right found on statute” • Where a statute shortened the period for taking appeals form
& hence a vested right, that cannot be impaired by the thirty days to fifteen days from notice of judgment, an
retroactive application of the Labor Code. appeal taken within thirty days but beyond fifteen days from
notice of judgment promulgated before the statute took
effect is deemed seasonably perfected.
Comparison of Billones and Corales
Billones Corales CHAPTER TEN: Amendment, Revision, Codification and

While Court said that such Court considered the right to Repeal AMENDMENT
right to bring an action prosecute the action that
accrued under the old law is accrued under the old law as ε Power to Amend
not vested right, it did not one founded on law & a { The legislature has the authority to amend, subject to
say that the right is one vested right. constitutional requirements, any existing law.
protected by the due { Authority to amend is part of the legislative power to enact,
process clause of the alter and repeal laws.
Constitution. { The SC in the exercise of its rule-making power or of its power
Court construed the statute to interpret the law, has no authority to amend or change the
For BOTH cases: In solving of limitations as inapplicable law, such authority being the exclusive to the legislature.
how to safeguard the right to to the action that accrued
bring action whose before the law took effect. ε How amendment effected
prescriptive period to institute (It is generally held that the { Amendment – the change or modification, by deletion,
it has been shortened by law? court has no power to read alteration, of a statute which survives in its amended form. { The
Gave the claimants whose into the law something which
amendment of a statute is effected by the enactment of an
rights have been affected, the law itself did not provide
amendatory act modifying or altering some provisions of a statute
one year from the date the expressly or impliedly.
either expressly or impliedly.
law took effect within which Corales case seems to be on
to sue their claims. firmer grounds. { Express amendment – done by providing in the amendatory act
that specific sections or provisions of a statute be amended
as recited therein or as common indicated, “to read as
follows.”

Prescription in criminal and civil cases ε Amendment by implication

• General rule: laws on prescription of actions apply as well to { Every statute should be harmonized with other laws on the
crimes committed before the enactment as afterwards. There same subject, in the absence of a clear inconsistency.
is, however, a distinction between a statute of limitations in { Legislative intent to amend a prior law on the same subject is
criminal actions and that of limitations in civil suits, as shown by a statement in the later act that any provision of
regards their construction. law that is inconsistent therewith is modified accordingly.
• In CIVIL SUIT- statute is enacted by the legislature as an { Implied Amendment- when a part of a prior statute embracing
impartial arbiter, between two contending parties. In the the same subject as the later may not be enforced without
construction of such statute, there is no intendment to be nullifying the pertinent provision of the latter in which
made in favor of either party. Neither grants right to the event, the prior act is deemed amended or modified to the
other; there is therefore no grantor against whom no extent of repugnancy.
ordinary presumptions of construction are to be made.
• CRIMINAL CASES: the state is the grantor, surrendering by Quimpo v. Mendoza
act of grace its right to prosecute or declare that the offense ↔ Where a statute which requires that the annual realty tax
is no longer subject of prosecution after the prescriptive on lands or buildings be paid on or before the specified
 date, subject to penalty of a percentage of the whole publication fees in land registration proceedings, except
amount of tax in case of delayed payment, is amended in cases where the value of the land does not exceed
by authorizing payment of the tax in four equal P50,000 is amended by deleting the excepting clause, it
installments to become due on or before specified means that the statute as amended now requires
dates. payment of the publication fees regardless of the value
↔ The penalty provision of the earlier statute is modified by of the land involved
implication that the penalty for late payment of an ↔ Suppression of the excepting clause amount to the
installment under the later law will be collected and withdrawal of the exemption allowed under the original
computed only on the installment that became due and act.
unpaid, and not on the whole amount of annual tax as ε Amendment Operates Prospectively
provided in the old statute. { An amendment will not be construed as having a retroactive
↔ Legislative intent to change the basis is clear when the effect, unless the contrary is provided or the legislative
later law allowed payment in four installments. intent to give it a retroactive effect is necessarily implied
from the language used and only if no vested right is
People v. Macatanda impaired.
↔ A statute punishing an act which is also a crime under the
RPC provides a penalty as prescribed in the said Code,
such statute is not a special law but an amendment by Imperial v. Collector of Internal Revenue
implication. ↔ A statute amending a tax law is silent as to whether it
operates retroactively, the amendment will not be
ε When amendment takes effect giving retroactive effect so as to subject to tax past
{ 15 days following its publication in the Official Gazette or transactions not subject to tax under the original act.
newspaper of general circulation, unless a date is specified
therein after such publication. Diu v. Court of Appeals
↔ Statutes relating to procedure in courts are applicable to
ε How amendment is construed, generally actions pending and undetermined at the time of their
{ Statute and amendment – read as a whole passage.
{ Amendment act is ordinarily construed as if the original statute
has been repealed and a new independent act in the amended ε Effect of Amendment on Vested Rights
form had been adopted. { After a statute is amended, the original act continues to be in
{ Amended act is regarded as if the statute has been originally force with regard to all rights that had accrued prior to the
enacted in it amended form. amendment or to obligations that were contracted under the
{ Read in a connection with other sections as if all had been prior act and such rights and obligations will continue to be
enacted in the same statute. governed by the law before its amendment.
{ Where an amendment leaves certain portions of an act { Not applied retroactively so as to nullify such rights.
unchanged, such portions are continued in force, with the
same meaning and effect they have before the amendment. ε Effect of amendment on jurisdiction
{ Where an amendatory act provides that an existing statute shall { Jurisdiction of a court to try cases is determined by the law in
be amended to read as recited in the amendatory act, such force at the time the action is instituted.
portions of the existing law as are retained either literally or { Jurisdiction remains with the court until the case is finally
substantially decided therein.

Estrada v. Caseda Rillaroza v. Arciaga

↔ Where a statute which provides that it shall be in force ↔ Absence of a clear legislative intent to the contrary, a
for a period of four years after its approval, the four subsequent statute amending a prior act with the effect
years is to be counted from the date the original statute of divesting the court of jurisdiction may not be
was approved and not from the date the amendatory act construed to operate but to oust jurisdiction that has
was amended. already attached under the prior law.

ε Meaning of law changed by amendment Iburaan v. Labes

{ An amended act should be given a construction different from ↔ Where a court originally obtains and exercises
the law prior to its amendment, for its is presumed that the jurisdiction pursuant to an existing law, such
legislature would not have amended it had not it not wanted jurisdiction will not be overturned and impaired by the
to change its meaning. subsequent amendment of the law, unless express
{ Prior to the introduction of the amendment, the statute had a prohibitory words or words of similar import are used.
different meaning which the amendment changed in all the
particulars touching which a material change in the language { Applies to quasi-judicial bodies
of the later act exists.
{ Deliberate selection of language in the amendatory act different Erectors, Inc v. NLRC
from that of the original act indicates that the legislature ↔ PD 1691 and 1391 vested Labor Arbiters with original
intended a change in the law or in its meaning. and exclusive jurisdiction over all cases involving
employer-employee relations, including money claims
Victorias Milling Co. v. SSS arising out of any law or contract involving Filipino
↔ A statutory definition of term containing a general rule workers for overseas employment
and an exception thereto is amended by eliminating the ↔ Facts: An overseas worker filed a money claim against
exception, the legislative intent is clear that the term his recruiter, and while the case is pending, EO 797 was
should now include the exception within the scope of enacted, which vested POEA with original and
the general rule. exclusive jurisdiction over all cases, including money
claims, arising out of law or contract involving Filipino
Parras v. Land Registration Commissions workers for overseas employment.
↔ Section of a statute requiring the exact payment of ↔ Issue: whether the decision of the labor arbiter in favor of
 the overseas worker was invalid 1917, which authorizes the head of office to case a
↔ Held: the court sustained the validity of the decision and reimbursement of payment of medical and hospital
ruled that the labor arbiter still had the authority to expenses of a government official in case of sickness or
decide the cease because EO 797b did not divest the injury caused by or connected directly with the
labor arbiter his authority to hear and decide the case performance of his official duty.
filed by the overseas worker prior to its effectivity. ↔ CoA denied the claim on the ground that AC of 1987
↔ Jurisdiction over the subject matter is determined by the which revised the old AC, repealed Sec. 699 because it
law in force at the time of the commencement of the was omitted the revised code.
action; laws should only be applied prospectively ↔ SC ruled that the legislature did not intend, in enacting
unless the legislative intent to give them retroactive the new Code, to repeal Sec. 699 of the old code.
effect is expressly declared or is necessarily implied ↔ “All laws, decrees, orders, rules and regulation, or
from the language used. portions thereof, inconsistent with this Code are hereby
repealed or modified accordingly.”
ε Effect of nullity of prior or amendatory act ↔ New code did not expressly repeal the old as the new
{ Where a statute which has been amended is invalid, nothing in Code fails to identify or designate the act to be repealed. { Two
effect has been amended categories of repeal by implication
{ The amendatory act, complete by itself, will be considered as ↔ Provisions in the two acts on the same subject matter that
an original or independent act. are in irreconcilable conflict.
☺ Later act to the extent of the conflict constitutes an
Government v. Agoncillo implied repeal of the earlier
↔ Where the amendatory act is declared unconstitutional, it ↔ If the later act covers the whole subject of the earlier one
is as if the amendment did not exist, and the original and is clearly intended as a statute, it will operate to
statute before the attempted amend remains unaffected repeal the earlier law.
and in force. { There is no irreconcilable conflict between the two codes on the
matter of sickness benefits because the provision has not
REVISION AND CODIFICATION been restated in the New Code.
{ The whereas clause is the intent to cover only those aspects of
ε Generally government that pertain to administration, organization and
{ Purpose: to restate the existing laws into one statute and simply procedure, and understandably because of the many changes
complicated provisions, and make the laws on the subject that transpired in the government structure since the
easily found. enactment of the old code.
ε Construction to harmonize different provisions
{ Presumption: author has maintained a consisted philosophy or ε Change in phraseology
position. { It is a well settled rule that in the revision or codification of
{ The different provisions of a revised statute or code should be statutes, neither an alteration in phraseology nor the
read and construed together. admission or addition of words in the later statute shall be
{ Rule: a code enacted as a single, comprehensive statute, and is held necessarily to alter the construction of the former acts.
to be considered as such and not as a series of disconnected { Words which do not materially affect the sense will be omitted
articles or provisions. from the statute as incorporated in the revise statute or code,
or that some general idea will be expressed in brief phrases.
Lichauco & Co. v. Apostol { If there has been a material change or omission, which clearly
↔ A irreconcilable conflict between parts of a revised indicates an intent to depart from the previous construction
statute or a code, that which is best in accord with the of the old laws, then such construction as will effectuate
general plan or, in the absence of circumstances upon such intent will be adopted.
which to base a choice, that which is later in physical
position, being the latest expression of legislative will, ε Continuation of existing laws.
will prevail. { A codification should be construed as the continuation of the
existing statutes.
ε What is omitted is deemed repealed { The codifiers did not intend to change the law as it formerly
{ all laws and provisions of the old laws that are omitted in the existed.
revised statute or code are deemed repealed, unless the { The rearrangement of sections or parts of a statute, or the
statute or code provides otherwise placing of portions of what formerly was a single section in
{ Reason: revision or codification is, by its very nature and seprate sections, does not operate to change the operation,
purpose, intended to be a complete enactment on the subject effect of meaning of the statute, unless the changes are of
and an expression of the whole law thereon, which thereby such nature as to manifest clearly and unmistakably a
indicates intent on the part of the legislature to abrogate legislative intent to change the former laws.
those provisions of the old laws that are not reproduced in
the revised statute or code. REPEAL
{ Possible only if the revised statute or code was intended to
cover the whole subject to is a complete and perfect system ε Power to repeal
in itself. { Power to repeal a law is as complete as the power to enact one.
{ Rule: a subsequent statute is deemed to repeal a prior law if the { The legislature cannot in and of itself enact irrepealable laws or
former revises the whole subject matter of the former statute. limit its future legislative acts.
{ When both intent and scope clearly evince the idea of a repeal,
then all parts and provision of the prior act that are omitted ε Repeal, generally
from the revised act are deemed repealed.
{ Repeal: total or partial, express or implied
{ Total repeal – revoked completely
Mecano v. Commission on Audit
{ Partial repeal – leaves the unaffected portions of the statute in
↔ Claim for reimbursement by a government official of
force.
medical and hospitalization expenses pursuant to
Section 699 of the Revised Administration Code of { A particular or specific law, identified by its number of title, is
 repealed is an express repeal. requirement no longer an election offense.
{ All other repeals are implied repeals.
{ Failure to add a specific repealing clause indicates that the { Irreconcilable inconsistency between to laws embracing the
intent was not to repeal any existing law, unless an same subject may also exist when the later law nullifies the
irreconcilable inconsistency and repugnancy exist in the reason or purpose of the earlier act, so that the latter law
terms of the new and old laws, latter situation falls under the loses all meaning and function.
category of an implied repeal.
{ Repealed only by the enactment of subsequent laws. { The Smith, Bell & Co. v. Estate of Maronilla
change in the condition and circumstances after the passage of a ↔ A prior law is impliedly repealed by a later act where the
law which is necessitated the enactment of a statute to overcome reason for the earlier act is beyond peradventure
the difficulties brought about by such change does not operate to removed.
repeal the prior law, nor make the later statute so inconsistent
with the prior act as to repeal it. { Repeal by implication – based on the cardinal rule that in the
science of jurisprudence, two inconsistent laws on the same
ε Repeal by implication subject cannot co-exist in one jurisdiction.
{ Where a statute of later date clearly reveals an intention on the { There cannot be two conflicting law on the same subject. Either
part of the legislature to abrogate a prior act on the subject, reconciled or later repeals prior law.
that intention must be given effect. { Leges posteriores priores contrarias abrogant (a later law
{ There must be a sufficient revelation of the legislative intent to repeals the prior law on the subject which is repugnant
repeal. thereto)
{ Intention to repeal must be clear and manifest
{ General rule: the latter act is to be construed as a continuation Mecano v. Commission on Audit
not a substitute for the first act so far as the two acts are the same, ↔ Issue: whether Sec. 699 of the Revised Administrative
from the time of the first enactment. { Two categories of repeals Code has been repealed by the 1987 Administrative
by implication Code.
↔ Where provisions in the two acts on the same subject ↔ 1987 Administration Code provides that: “All laws,
matter are in an irreconcilable conflict and the later act decrees, orders, rules and regulations, or portions
to the extent of the conflict constitutes an implied repeal thereof, inconsistent with this code are hereby repealed
of the earlier. or modified accordingly
↔ If the later act covers the whole subject of the earlier one ↔ Court ruled that the new Code did not repeal Sec 699: ☺
and is clearly intended as a substitute, it will operate Implied repeal by irreconcilable inconsistency takes place
similarly as a repeal of the earlier act. when two statutes cover the same
subject matter, they are so clearly inconsistent and
ε Irreconcilable inconsistency incompatible with each other that they cannot be
{ Implied repeal brought about by irreconcilable repugnancy reconciled or harmonized, and both cannot be
between two laws takes place when the two statutes cover given effect, that one law cannot be enforced
the same subject matter; they are so clearly inconsistent and without nullifying the other.
incompatible with each other that they cannot be reconciled ☺ The new Code does not cover not attempt to the
or harmonized and both cannot be given effect, once cannot cover the entire subject matter of the old Code.
be enforced without nullifying the other. ☺ There are several matters treated in the old Code
{ Implied repeal – earlier and later statutes should embrace the that are not found in the new Code. (provisions on
same subject and have the same object. notary public; leave law, public bonding law,
{ In order to effect a repeal by implication, the later statute must military reservations, claims for sickness benefits
be so irreconcilably inconsistent and repugnant with the under section 699 and others)
existing law that they cannot be made to reconcile and stand ☺ CoA failed to demonstrate that the provisions of the
together. two Codes on the matter of the subject claim
{ It is necessary before such repeal is deemed to exist that is be are in an irreconcilable conflict.
shown that the statutes or statutory provisions deal with the ☺ There can no conflict because the provision on
same subject matter and that the latter be inconsistent with sickness benefits of the nature being claimed by
the former. petitioner has not been restated in old Code.
{ the fact that the terms of an earlier and later provisions of law ☺ The contention is untenable.
differ is not sufficient to create repugnance as to constitute ☺ The fact that a later enactment may relate to the
the later an implied repeal of the former. same subject matter as that of an earlier statute is
Agujetas v. Court of Appeals not of itself sufficient to cause an implied repeal of
↔ Fact that Sec 28 of RA 7166 pertaining to canvassing by the prior act new statute may merely be cumulative
boards of canvassers is silent as to how the board of or a continuation of the old one.
canvassers shall prepare the certificate of canvass and as ☺ Second Category: possible only if the revised statute
to what will be its basis, w/c details are provided in the or code was intended to cover the whole
second paragraph of Sec231 of the Omnibus Election subject to be a complete and perfect system in
Code, an earlier statute, “respective boards of itself.
canvassers shall prepare a certificate of canvass duly φ Rule: a subsequent is deemed to repeal a prior
signed and affixed with the imprint of the thumb of the law if the former revises the whole subject
right hand of each member, supported by a statement of matter of the former statute.
the votes and received by each candidate in each polling ☺ When both intent and scope clearly evince the idea
place and on the basis thereof shall proclaim as elected of a repeal, then all parts and provisions of the
the candidates who obtained the highest number of
prior act that are omitted from the revised act are
votes coast in the provinces, city, municipality or
barangay, and failure to comply with this requirement deemed repealed.
shall constitute an election offense” ☺ Before there can be an implied repeal under this
category, it must be the clear intent of the
↔ Did not impliedly repeal the second paragraph of Sec 231
legislature that later act be the substitute of the
of OEC and render the failure to comply with the
 prior act. ☺ RA 7354 – in part of the Postmaster General,
☺ Opinion 73 s.1991 of the Secretary of Justice: what subject to the approval of the Board of Directors
appears clear is the intent to cover only those of
aspects of government that pertain to the Philippines Postal Corporation, shall have the
administration, organization and procedure, power to “determine the staffing pattern and the
understandably because of the many changes that number of personnel, define their duties and
transpired in the government structure since the responsibilities, and fix their salaries and
enactment of RAC. emoluments in accordance with the approved
☺ Repeals of statutes by implication are not favored. compensation structure of the Corporation.”
Presumption is against the inconsistency and ☺ Sec.6 PD 1597 – “ exemptions notwithstanding,
repugnancy for the legislature is presumed to know agencies shall report to the President, through the
the existing laws on the subject and not to have Budget Commission, on their position
enacted inconsistent or conflicting statutes. classification and compensation plans, policies,
rates and other related details following such
Ty v. Trampe specifications as may be prescribed by the
↔ Issue: whether PD 921 on real estate taxes has been President.”
repealed impliedly by RA 7160, otherwise know as the ↔ Issue: whether Sec6 of PD1597, the two laws being
Local Government Code of 1991 on the same subject. ↔ reconcilable.
Held: that there has been no implied repeal ↔ While the Philippine Postal Corporation is allowed to fix
↔ Court: it is clear that the two law are not coextensive and its own personnel compensation structure through its
mutually inclusive in their scope and purpose. board of directors, the latter is required to follow
☺ RA 7160 covers almost all governmental functions certain standards in formulating said compensation
delegated to local government units all over the system, and the role of DBM is merely to ensure that
country. the action taken by the board of directors complies the
☺ PD 921 embraces only Metropolitan Manila Area requirements of the law.
and is limited to the administration of financial
services therein. Cebu Institute of Technology v. Ople
☺ Sec.9 PD921 requires that the schedule of values of ↔ Sec. 3(a) PD 451 and Sec. 42 of BP 232 illustrates repeal
real properties in the Metropolitan Manila Area by implication.
shall be prepared jointly by the city assessors states ☺ Sec 3(a) provides: “no increase in tuition or other
that the schedules shall be prepared by the school fees or charges shall be approved unless
provincial, city and municipal assessors of the 60% of the proceed is allocated to increase in
municipalities within Metropolitan Manila Area salaries or wages of the member of the faculty.”
for the different classes of real property situated in ☺ BP 232: “each private school shall determine its rate
their respective local government units for of tuition and other school fees or charges.
enactment by ordinance of the sanggunian The rates or charges adopted by schools pursuant
concerned. to this provision shall be collectible, and their
application or use authorized, subject to rules and
Hagad v. Gozo-Dadole regulations promulgated by the Ministry of
↔ Sec.19 RA 6670, the Ombudsman Act grants disciplinary Education, Culture and Sports.”
authority to the Ombudsman to discipline elective and ↔ Issue: whether Sec. 42 of BP 232 impliedly repealed Sec.
appointive officials, except those impeachable officers, 3(a) of PD 451
has been repealed, RA 7160, the Local Government ↔ Held: there was implied repeal because there are
Code, insofar as local elective officials in the various irreconcilable differences between the two laws.
officials therein named.
↔ Held: both laws should be given effect because there is ε Implied repeal by revision or codification
nothing in the Local Government Code to indicate that { Revised statute is in effect a legislative declaration that
it has repealed, whether expressly or impliedly. whatever is embraced in the new statute shall prevail and
☺ The two statutes on the specific matter in question whatever is excluded there from shall be discarded.
are not so inconsistent, let alone irreconcilable, as { Must be intended to cover the whole subject to be a complete
to compel us to uphold one and strike down the and perfect system in itself in order that the prior statutes or
other. part thereof which are not repeated in the new statute will be
☺ Two laws must be incompatible, and a clear finding deemed impliedly repealed.
thereof must surface, before the inference
of implied repeal may be drawn. People v. Benuya
☺ Interpretare et concordare leges legibus, est ↔ Where a statute is revised or a series of legislative acts on
optimus interpretandi modus, i. e (every statute the same subject are revised or consolidated into one,
must be so construed and harmonized with other covering the entire field of subject matter, all parts and
statutes as to form uniform system of provisions of the former act or acts
jurisprudence. ☺ that are omitted from the revised act are deemed
☺ the legislature should be presumed to have known repealed.
the existing laws on the subject and not to have
enacted conflicting statutes. Joaquin v. Navarro
↔ Where a new statute is intended to furnish the exclusive
Initia, Jr v. CoA rule on a certain subject, it repeals by implication the
↔ implied repeal will not be decreed unless there is an old law on the same subject,
irreconcilable inconsistency between two provisions or ↔ Where a new statute covers the whole subject matter of
laws is RA 7354 in relation to PD 1597. an old law and adds new provisions and makes changes,
and where such law, whether it be in the form of an
amendment or otherwise, is evidently intended to be a
revision of the old act, it repeals the old act by
 implication. on the same subject, which though expressed in affirmative
language introduces special conditions or restrictions
People v. Almuete ↔ The subsequent statute will usually be considered as
↔ Revision of the Agricultural Tenancy Act by the repealing by implication the former regarding the
Agricultural Land Reform Code. matter covered by the subsequent act.
↔ Sec 39 of ATC (RA 1199) “it shall be unlawful for either { The express repeal of a provision of law from which an
the tenant or landlord without mutual consent, to reap executive official derives his authority to enforce another
or thresh a portion of the crop at any time previous to provision of the same law operates to repeal by implication
the date set, for its threshing.” the latter and to deprive the official of the authority to
↔ An action for violation of this penal provision is pending enforce it.
in court, the Agricultural Land Reform Code { The enactment of a statute on a subject, whose purpose or
superseded the Agricultural Tenancy Act, abolished object is diametrically opposed to that of an earlier law on
share tenancy, was not reproduced in the Agricultural the same subject which thereby deprives it of its reason for
Land Reform Code. being, operates to repeal by implication the prior law, even
↔ The effect of such non-reenactment is a repeal of Section though the provisions of both laws are not inconsistent.
39.
↔ It is a rule of legal hermeneutics that an act which ε “All laws or parts thereof which are inconsistent with this Act are
purports to set out in full all that it intends to contain, hereby repealed or modified accordingly,” construed.
operates as a repeal of anything omitted which was { Nature of repealing clause
contained in the old act and not included in the act as ↔ Not express repealing clauses because it fails to identify
revised. or designate the act or acts that are intended to be
↔ A substitute statute, and evidently intended as the repealed.
substitute for it, operates to repeal the former statute. ↔ A clause, which predicates the intended repeal upon the
condition that a substantial conflict must be found on
existing and prior acts of the same subject matter.
Tung Chin Hui v. Rodriguez ↔ The presumption against implied repeal and the rule on
↔ Issue: whether Sec.18 Rule 41 of the pre-1007 Rules of strict construction regarding implied repeal apply ex
Court, which provided the appeal in habeas corpus proprio vigore.
cases to be taken within 48 hours from notice of ↔ Legislature is presumed to know the existing law so that
judgment, has been replaced by the 1997 Rules of Civil if repeal of particular or specific law or laws is
Procedure, which provides in Sec. 3 Rule 41 thereof, intended, the proper step is to so express it.
that appeal from judgment or final order shall be taken
within 15 days from receipt thereof, in view of the fact Valdez v. Tuason
that the Sec. 18 was repealed, in accordance with the ↔ “such a clause repeals nothing that would not be equally
well-settled rule of statutory construction that repealed without it.
provisions of an old law that were not reproduced in the ↔ Either with or without it, the real question to be
revision thereof covering the same subject are deemed determined is whether the new statute is in fundamental
repealed and discarded and irreconcilable conflict with the prior statute on the
↔ Held: SC in this case to abrogate those provisions of the subject.
old laws that are not reproduced in the revised statute or { Significance of the repealing clause: the presence of such
Code. general repealing clause in a later statute clearly indicates the
legislative intent to repeal all prior inconsistent laws on the
ε Repeal by reenactment subject matter whether or not the prior law is a special law.
{ Where a statute is a reenactment of the whole subject in ↔ A later general law will ordinarily not repeal a prior
substitution of the previous laws on the matter, the latter special law on the same subject, as the latter is
disappears entirely and what is omitted in the reenacted law generally regarded as an exception to the former.
is deemed repealed. ↔ With such clause contained in the subsequent general law,
the prior special law will be deemed repealed, as the
Parras v. Land Registration Commission clause is a clear legislative intent to bring about that
↔ Where a law amends a specific section of a prior act by result.
providing that the same is amended so as to read as
follows, which then quotes the amended provision, ε Repeal by implication not favored
what is not included in the reenactment is deemed { Presumption is against inconsistency or repugnancy and,
repealed. accordingly, against implied repeal
↔ The new statute is a substitute for the original section and { Legislature is presumed to know the existing laws on the
all matters in the section that are omitted in the subject and not to have enacted inconsistent or conflicting
amendment are considered repealed. statutes.
{ A construction which in effect will repeal a statute altogether
ε Other forms of implied repeal should, if possible, be rejected.
{ The most powerful implication of repeal is that which arises { In case of doubt as to whether a later statute has impliedly
when the later of two laws is expressed in the form of a repealed a prior law on the same subject, the doubt should be
universal negative. resolved against implied repeal.
{ There is a clear distinction between affirmative and negative
statutes in regard to their repealing effects upon prior US v. Palacio
legislation. ↔ Repeals by implication are not favored, and will not be
↔ Affirmative statute does not impliedly repeal the prior decreed unless it is manifest that the legislature so
law unless an intention to effect a repeal is manifest, intended.
↔ A negative statute repeals all conflicting provisions unless ↔ As laws are presumed to be passed with deliberation and
the contrary intention is disclosed. with full knowledge of all existing ones on the subject
{ Legislative intent to repeal is also shown where it enacts ↔ It is but reasonable to conclude that in passing a statute it
something in general term and afterwards it passes another was not intended to interfere with or abrogate any
 former law relating to some matter ↔ Presumption: the lawmakers knew the older law and
↔ Unless the repugnancy between the two is not only intended to change it.
irreconcilable, but also clear and convincing, and ↔ In enacting the older law, the legislators could not have
flowing necessarily form the language used, the later act known the newer one and could not have intended to
fully embraces the subject matter of the earlier, or change what they did not know.
unless the reason for the earlier act is beyond ↔ CC: laws are repealed only by subsequent ones, not the
peradventure removed. other way around.
↔ Every effort must be used to make all acts stand and if, by
any reasonable construction, they can be reconciled, the David v. COMELEC
later act will not operate as a repeal of the earlier. ↔ Sec. 1 of RA 6679 provides that the term of barangay
officials who were to be elected on the second Monday
NAPOCOR v. Angas of May 1994 is 5 years
↔ Illustrates the application of the principle that repeal or ↔ The later act RA 7160 Sec 43 (c) states that the term of
amendment by implication is not favored. office of barangay officials who were to be elected also
↔ Issue: whether Central Bank Circular 416 has impliedly on the 2ndMonday of May 1994 is 3 years.
repealed or amended Art 2209 of the Civil Code ↔ There being a clear inconsistency between the two laws,
↔ Held: in answering the issue in the negative, the court the later law fixing the term barangay officials at 3
ruled that repeals or even amendments by implication years shall prevail.
are not favored if two laws can be fairly reconciled. The
statutes contemplate different situations and apply to
ε General law does not repeal special law, generally { A general law
different transactions involving loan or forbearance of
on a subject does not operate to repeal a prior special law on the
money, goods or credits, as well as judgments relating
same subject, unless it clearly appears that the legislature has
to such load or forbearance of money, goods, or credits,
intended by the later general act to modify or repeal the earlier
the Central Bank Circular applies.
special law.
↔ In cases requiring the payment of indemnities as
{ Presumption against implied repeal is stronger when of two
damages, in connection with any delay in the
laws, one is special and the other general and this applies
performance of an obligation other than those involving
loan or forbearance of money, goods or credits, Art even though the terms of the general act are broad enough to
include the matter covered by the special statute.
2209 of the CC applies
{ Courts are slow to hold that one statute has repealed another by { Generalia specialibus non derogant – a general law does not
implication and they will not make such adjudication if they nullify a specific or special law
can refrain from doing so, or if they can arrive at another { The legislature considers and makes provision for all the
result by any construction which is just and reasonable. circumstances of the particular case.
{ Courts will not enlarge the meaning of one act in order to { Reason why a special law prevails over a general law: the
decide that is repeals another by implication, nor will they legislature considers and makes provision for all the
adopt an interpretation leading to an adjudication of repeal circumstances of the particular case.
by implication unless it is inevitable and a clear and explicit { General and special laws are read and construed together, and
reason thereof can be adduced. that repugnancy between them is reconciled by constituting
the special law as an exception to the general law.
ε As between two laws, one passed later prevails { General law yields to the special law in the specific law in the
{ Leges posteriors priores contrarias abrogant (later statute specific and particular subject embraced in the latter. { Applies
repeals prior ones which are not repugnant thereto.) irrespective of the date of passage of the special law.
↔ Applies even if the later act is made to take effect ahead
of the earlier law. ε Application of rule
{ As between two acts, the one passed later and going into effect
earlier will prevail over one passed earlier and going into Sto. Domingo v. De los Angeles
effect later. ↔ The court invariably ruled that the special law is not
impliedly repealed and constitutes an exception to the
general law whenever the legislature failed to indicate
Manila Trading & Supply Co. v. Phil. Labor Union in unmistakable terms its intent to repeal or modify the
prior special act.
↔ an act passed April 16th and in force April 21st was held
to prevail over an act passed April 9 th and in effect July
4th of the same year.
↔ And an act going into effect immediately has been held to NAPOCOR v. Arca
prevail over an act passed before but going into effect ↔ Issue: whether Sec. 2 of Com. Act 120 creating the
later.
NAPOCOR, a government-owned corporation, and
{ Whenever two statutes of different dates and of contrary tenor empowering it “to sell electric power and to fix the
are of equal theoretical application to a particular case, the rates and provide for the collection of the charges for
statute of later date must prevail, being a later expression of any services rendered: Provided, the rates of charges
legislative will. shall not be subject to revision by the Public Service
Act has been repealed by RA 2677 amending the Public
Philippine National Bank v. Cruz Service Act and granting the Public Service
↔ As between the order of preference of credit set forth in Commission the jurisdiction to fix the rate of charges of
Articles 2241 to 2245 of the CC and that of Article 110 public utilities owned or operated by the government or
of the Labor Code, giving first preference to unpaid government owned corporations.
wages and other monetary claims of labor, the former
must yield to the latter, being the law of the later
enactment.
{ The later law repeals an earlier one because it is the later
legislative will.
 ↔ Held: a special law, like Com. Act 120, providing for a exclusive authority to grant fishery privileges in
particular case or class of cases, is not repealed by a municipal waters.
subsequent statute, general in its terms, like RA 2677, ↔ Held: two laws should be harmonized, and that the LLA
although the general statute are broad enough to include statute, being a special law, must be taken as an
the cases embraced in the special law, in the absence of exception to RA 7160 a general law,
a clear intent to repeal.
↔ There appears no such legislative intent to repeal or Garcia v. Pascual
abrogate the provisions of the earlier law. ↔ Clerks of courts municipal courts shall be appointed by
↔ The explanatory note to House Bill 4030 the later became the municipal judge at the expense of the municipality
RA 2677, it was explicit that the jurisdiction conferred and where a later law was enacted providing that
upon the Republic Service Commission over the public employees whose salaries are paid out of the municipal
utilities operated by government-owned or controlled funds shall be appointed by the municipal mayor, the
corporations is to be confined to the fixing of rates of later law cannot be said to have repealed the prior law
such public services as to vest in the municipal mayor the power to appoint
↔ The harnessing and then distribution and sale of electric municipal cleck of court, as the subsequent law should
power to the consuming public, the contingency be construed to comprehend only subordinate officials
intended to be met by the legal provision under of the municipality and not those of the judiciary.
consideration would not exist.
↔ The authority of the Public Service Commission under Gordon v. CA
RA 2677 over the fixing of rate of charges of public ↔ A city charter giving real estate owner a period of one
utilities owned or operated by GOCC’s can only be year within which to redeem a property sold by the city
exercised where the charter of the government for nonpayment of realty tax from the date of such
corporation concerned does not contain any provision auction sale, being a special law, prevails over a
to the contrary. general law granting landowners a period of two years
to make the redemption.
Philippine Railway Co. v. Collector of Internal Revenue ↔ PRC was
granted a legislative franchise to operate a railway line pursuant to Act Sto. Domingo v. Delos Angeles
No. 1497 Sec. 13 which read: “In consideration of the premises and of ↔ The Civil Service law on the procedure for the
the operation of this concession or franchise, there shall be paid by the suspension or removal of civil service employees does
grantee to the Philippine Government, annually, xxx an amount equal not apply with respect to the suspension or removal of
to one-half of one per centum of the gross earnings of the grantee members of the local police force.
xxx.”
↔ Sec 259 of Internal Revenue Code, as amended by RA ε When special or general law repeals the other.
39, provides that “there shall be collected in respect to { There is always a partial repeal where the later act is a special
all existing and future franchises, upon the gross law.
earnings or receipts from the business covered by the Valera v. Tuason
law granting a franchise tax of 5% of such taxes, ↔ A subsequent general law on a subject has repealed or
charges, and percentages as are specified in the special amended a prior special act on the same subject by
charters of the corporation upon whom suc franchises implication is a question of legislative intent.
are conferred, whichever is higher, unless the ↔ Intent to repeal may be shown in the act itself the
provisions hereof preclude the imposition of a higher explanatory note to the bill before its passage into law,
tax xxx. the discussions on the floor of the legislature,
↔ Issue: whether Section 259 of the Tax Code has repealed
Section 13 of Act 1497, stand upon a different footing { Intent to repeal the earlier special law where the later general
from general laws. act provides that all laws or parts thereof which are
↔ Once granted, a charter becomes a private contract and inconsistent therewith are repealed or modified accordingly
cannot be altered nor amended except by consent of all { If the intention to repeal the special law is clear, then the rule
concerned, unless the right to alter or repeal is that the special law will be considered as an exception to the
expressly reserved. general law does not apply; what applies is the rule that the
↔ Reason: the legislature, in passing a special charter, has special law is deemed impliedly repealed.
its attention directed to the special facts and { A general law cannot be construed to have repealed a special
circumstances in the particular case in granting a law by mere implication admits of exception.
special charter, for it will not be considered that the
legislature, by adopting a general law containing the
provisions repugnant to the provisions of the charter, City Government of San Pablo v. Reyes
and without any mention of its intention to amend or ↔ Sec. 1 PD 551 provides that any provision of law or local
modify the charter, intended to amend, repeal or modify ordinance to the contrary, the franchise tax payable by
the special act. all grantees of franchise to generate, distribute, and sell
electric current for light, heat, and power shall be 25 of
↔ The purpose of respecting the tax rates incorporated in
their gross receipts.
the charters, as shown by the clause.
↔ Sec. 137 of the LGC states: Notwithstanding any
exemption granted by any law or other special law, the
LLDA v. CA
province may impose a tax on business enjoying a
↔ Issue: which agency of the government, LLDA or the franchise at a rate not exceeding 50% of 1% of the
towns and municipalities compromising the region gross annul receipts.
should exercise jurisdiction over the Laguna Lake and
its environs insofar as the issuance of permits for ↔ Held: the phrase is all-encompassing and clear that the
fishery privileges is concerned. legislature intended to withdraw all tax exemptions
enjoyed by franchise holders and this intent is made
↔ The LLDA statute specifically provides that the LLDA more manifest by Sec. 193 of the Code, when it
shall have exclusive jurisdiction to issue permits for the provides that unless otherwise provided in this code tax
use of all surface water for any projects in or affecting exemptions or incentives granted to or presently
the said region, including the operation of fish pens. enjoyed by all persons, except local water districts,
↔ RA 7160 the LGC of 1991 grants the municipalities the
 cooperatives, and non-stock and non-profit hospitals pending action and to finally decide it.
and educational institutions, are withdrawn upon the { General rule: where a court or tribunal has already acquired and
effectivity of the Code. is exercising jurisdiction over a controversy, its jurisdiction
to proceed to final determination of the cause is not affected
Gaerlan v. Catubig by the new legislation repealing the statute which originally
↔ Issue: whether Sec. 12 of RA 170 as amended, the City conferred jurisidiction.
Charter of Dagupan City, which fixed the minimum age { Rule: once the court acquires jurisdiction over a controversy, it
qualification for members of the city council at 23 years shall continue to exercise such jurisdiction until the final
has been repealed by Sec.6 of RA 2259 determination of the case and it is not affected by subsequent
↔ Held: there was an implied repeal of Sec. 12 of the legislation vesting jurisdiction over such proceedings in
charter of Dagupan City because the legislative intent another tribunal admits of exceptions.
to repeal the charter provision is clear from the fact that { Repeal or expiration of a statute under which a court or tribunal
Dagupan City, unlike some cities, is not one of those originally acquired jurisdiction to try and decide a case, does
cities expressly excluded by the law from its operation not make its decision subsequently rendered thereon null and
and from the circumstance that it provides that all acts void for want of authority, unless otherwise provided.
or parts thereof which are inconsistent therewith are { In the absence of a legislative intent to the contrary, the
repealed. expiration or repeal of a statute does not render legal what,
↔ The last statute is so broad in its terms and so clear and under the old law, is an illegal transaction, so as to deprive
explicit in its words so as to show that it was intended the court or tribunal the court or tribunal of the authority to
to cover the whole subject and therefore to displace the act on a case involving such illegal transaction.
prior statute. { Where a law declares certain importations to be illegal, subject
to forfeiture by the Commissioner of Customs pursuant to
Bagatsing v. Ramirez what the latter initiated forfeiture proceedings, the expiration
↔ A charter of a city, which is a special law, may be of the law during the pendency of the proceedings does not
impliedly modified or superseded by a later statute, and divest the Commissioner of Customs of the jurisdiction to
where a statute is controlling, it must be read into the continue to resolve the case, nor does it have the effect of
charter, notwithstanding any of its particular provisions. making the illegal importation legal or of setting aside the
↔ A subsequent general law similarly applicable to all cities decision of the commissioner on the matter.
prevails over any conflicting charter provision, for the
reason that a charter must not be inconsistent with the ε On jurisdiction to try criminal case
general laws and public policy of the state. { Once a jurisdiction to try a criminal case is acquired, that
↔ Statute remains supreme in all matters not purely local. jurisdiction remains with the court until the case is finally
↔ A charter must yield to the constitution and general laws determined.
of the state. { A subsequent statute amending or repealing a prior act under
which the court acquired jurisdiction over the case with the
effect of removing the courts’ jurisdiction may not operate
Philippine International Trading Corp v. CoA to oust jurisdiction that has already attached.
↔ CoA contended that the PITC charter had been impliedly
repealed by the Sec. 16 RA 6758 ε On actions, pending or otherwise
↔ Held: that there was implied repeal, the legislative intent { Rule: repeal of a statute defeats all actions and proceedings,
to do so being manifest. including those, which are still pending, which arose out of
↔ PITC should now be considered as covered by laws or are based on said statute.
prescribing a compensation and position classification { The court must conform its decision to the law then existing
system in the government including RA 6758. and may, therefore, reverse a judgment which was correct
when pronounced in the subordinate tribunal, if it appears
ε Effects of repeal, generally that pending appeal a statute which was necessary to support
{ Appeal of a statute renders it inoperative as of the date the the judgment of the lower court has been withdrawn by an
repealing act takes effect. absolute repeal.
{ Repeal is by no means equivalent to a declaration that the
repealed statute is invalid from the date of its enactment. { The ε On vested rights
repeal of a law does not undo the consequences of the { repeal of a statute does not destroy or impair rights that accrued
operation of the statute while in force, unless such result is and became vested under the statute before its repeal.
directed by express language or by necessary implication, { The statute should not be construed so as to affect the rights
except as it may affect rights which become vested when the which have vested under the old law then in force, or as
repealed act was in force. requiring the abatement of actions instituted for the
enforcement of such rights.
Ramos v. Municipality of Daet { Rights accrued and vested while a statute is in force ordinarily
↔ BP 337 known as the LGC was repealed by RA 7160 survive its repeal.
known as LGC of 1991, which took effect on January { The constitution forbids the state from impairing, by enactment
1, 1992. or repeal of a law, vested rights or the obligations of
↔ Sec. 5 (d) of the new code provides that rights and contract, except in the legitimate exercise of police power.
obligations existing on the date of the effectivity of the
new code and arising out of contracts or any other Buyco v. PNB
source of prestation involving a local government unit ↔ Where a statute gives holders of backpay certificates the
shall be governed by the original terms and conditions right to use said certificates to pay their obligations to
of said contracts or the law in force at the time such government financial institutions, the repeal of the law
rights were vested. disallowing such payment will not deprive holders
thereof whose rights become vested under the old law
ε On jurisdiction, generally of the right to use the certificates to pay their
{ Neither the repeal nor the explanation of the law deprives the obligations to such financial institutions.
court or administrative tribunal of the authority to act on the
 Un Pak Leung v. Nigorra the same act previously penalized under the repealed
↔ A statute gives an appellant the right to appeal from an law, the act committed before reenactment continues to
adverse decision, the repeal of such statute after an be a crime, and pending cases are not thereby affected.
appellant has already perfected his appeal will not ↔ Where the repealing act contains a saving clause
destroy his right to prosecute the appeal not deprive the providing that pending actions shall not be affected, the
appellate court of the authority to decide the appealed latter will continue to be prosecuted in accordance with
case. the old law.

Republic v. Migrino ε Distinction as to effect of repeal and expiration of law { In absolute

↔ Issue: whether prosecution for unexplained wealth under repeal, the crime is obliterated and the stigma of conviction of an
RA 1379 has already prescribed. accused for violation of the penal law before its repeal is erased.
↔ Held: “in his pleadings, private respondent contends that
he may no longer be prosecuted because of the ε Effect of repeal of municipal charter
prescription. { The repeal of a charter destroys all offices under it, and puts an
↔ It must be pointed out that Sec. 2 RA 1379 should be end to the functions of the incumbents.
deemed amended or repealed by Art. XI, Sec. 15 of the { The conversation of a municipality into a city by the passage of
1987 Constitution. a charter or a statute to that effect has the effect of
abolishing all municipal offices then existing under the old
ε On contracts municipality offices then the existing under the old
{ Where a contract is entered into by the parties on the basis of municipality, save those excepted in the charter itself.
the law then obtaining, the repeal or amendment of said law
will not affect the terms of the contract nor impair the right ε Repeal or nullity of repealing law, effect of
of the parties thereunder. { When a law which expressly repeals a prior law is itself
ε Effect of repeal of tax laws repealed, the law first repealed shall not thereby revived
{ Rule favoring a prospective construction of statutes is unless expressly so provided
applicable to statutes which repeal tax laws. { Where a repealing statute is declared unconstitutional, it will
{ Such statute is not made retroactive, a tax assessed before the have no effect of repealing the former statute, the former or
repeal is collectible afterwards according to the law in force old statute continues to remain in force.
when the assessment or levy was made.
CHAPTER ELEVEN: Constitutional Construction
ε Effect of repeal and reenactment
{ Simultaneous repeal and reenactment of a statute does not Constitution defined
affect the rights and liabilities which have accrued under the • fundamental law which sets up a form of government and
original statute, since the reenactment neutralizes the repeal defines and delimits the powers thereof and those of its
and continues the law in force without interruption. officers, reserving to the people themselves plenary
{ The repeal of a penal law, under which a person is charged with sovereignty
violation thereof and its simultaneous reenactment • written charter enacted and adopted by the people by which a
penalizing the same act done by him under the old law, will government for them is established
not preclude the accused’s prosecution, nor deprive the court • permanent in nature thus it does not only apply to existing
of the jurisdiction to try and convict him. conditions but also to future needs
• basically it is the fundamental laws for the governance and
People v. Almuete administration of a nation
↔ Where the reenactment of the repealed law is not • absolute and unalterable except by amendments
simultaneous such that the continuity of the obligation • all other laws are expected to conform to it
and the sanction for its violation form the repealed law
to the reenacted law is broken, the repeal carries with it Origin and history of the Philippine Constitutions
the deprivation of the court of its authority to try, • 1935 Constitution
convict, and sentence the person charged with violation
of the old law to its repeal. People v. Linsangan – explained as to how this Constitution came
about:
ε Effect of repeal of penal laws • Tydings-Mcduffie Law- allowed the Filipinos to adopt a
{ Where the repeal is absolute, so that the crime no longer exists, constitutions but subject to the conditions prescribed in the
prosecution of the person charged under the old law cannot Act.
be had and the action should be dismissed. o Required 3 steps:
{ Where the repeal of a penal law is total and absolute and the act
♣ drafting and approval of the constitution
which was penalized by a prior law ceases to be criminal
under the new law, the previous offense is obliterated. must be authorized
{ That a total repeal deprives the courts of jurisdiction to try, ♣ it must be certified by the President of
convict, and sentence, persons, charged with violations of the US
the old law prior to the repeal. ♣ it must be ratified by the people of the
{ Repeal of a statute which provides an indispensable element in Philippines at a plebiscite
the commission of a crime as defined in the RPC likewise • 1973 Constitution
operates to deprive the court of the authority to decide the o adopted in response to popular clamor to meat the
case, rule rests on the same principle as that concerning the problems of the country
effect of a repeal of a penal law without qualification. o March 16, 1967: Congress passed Resolution No.2,
{ Reason: the repeal of a penal law without disqualification is a which was amended by Resolution No. 4, calling a
legislative act of rendering legal what is previously decreed convention to propose amendments to the
as illegal, so that the person who committed it is as if he Constitution
never committed an offence • 1987 Constitution
{ Exception: o after EDSA Revolution
↔ where the repealing act reenacts the statute and penalizes
 o also known as the 1987 Charter not belong to the judicial branch unlike the term inferior
Primary purpose of constitutional construction court is.
• primary task of constitutional construction is to ascertain the
intent or purpose of the framers of the constitution as • Another RULE: words used in one part are to receive the same
expressed in its language interpretation when used in other parts unless the contrary is
• purpose of our Constitution: to protect and enhance the people’s applied/specified.
interests
Lozada v COMELEC
Constitution construed as enduring for ages • the term “Batasang Pambansa,” which means the regular
• Constitution is not merely for a few years but it also needs to national assembly, found in many sections of the 1973
endure through a long lapse of ages Constitution refers to the regular, not to the interim Batasang
Pambansa
• WHY? Because it governs the life of the people not only at the
time of its framing but far into the indefinite future • it must be • words which have acquired a technical meaning before they are
adaptable to various crisis of human affairs but it must also be used in the constitution must be taken in that sense when
solid permanent and substantial such words as thus used are construed
• Its stability protects the rights, liberty, and property of the
people (rich or poor) Aids to construction, generally
• It must be construed as a dynamic process intended to stand for • apart from its language courts may refer to the following in
a great length of time to be progressive and not static • What it is construing the constitution:
NOT: o history
o It should NOT change with emergencies or conditions o proceedings of the convention
o It should NOT be inflexible
o prior laws and judicial decisions
o It should NOT be interpreted narrowly
o contemporaneous constructions
• Words employed should not be construed to yield fixed and
o consequences of alternative interpret-tations
rigid answers because its meaning is applied to meet new or
changed conditions as they arise • these aids are called extraneous aids because though their effect
• Courts should construe the constitution so that it would be is not in precise rules their influence describes the essentials
consistent with reason, justice and the public interest of the process (remember preamble? ϑ ganito lang din yun)

How language of constitution construed

• primary source in order to ascertain the constitution is the
LANGUAGE itself
• The words that are used are broad because it aims to cover all Realities existing at time of adoption; object to be accomplished •
contingencies History basically helps in making one understand as to how and why
• Words must be understood in their common or ordinary certain laws were incorporated into the constitution. • In construing
meaning except when technical terms are employee constitutional law, the history must be taken into consideration
o WHY? Because the fundamental law if essentially a because there are certain considerations rooted in the historical
document of the people background of the environment at the time of its adoption (Legaspi v.
• Do not construe the constitution in such a way that its meaning Minister of Finance)
would change
• What if the words used have both general and restricted Aquino v. COMELEC
meaning? • Issue: what does the term “incumbent president in sec. 3 of
• Rule: general prevails over the restricted unless the contrary is Article 17 of the 1973 Constitution refer to?
indicated. • Held: History shows that at that time the term of President
Marcos was to terminate on December 30, 1973, the new
Ordillo v. COMELEC constitution was approved on November 30, 1972 still
• Issue: whether the sole province of Ifugao can be validly during his incumbency and as being the only incumbent
constituted in the Cordillera Autonomous Region under president at the time of the approval it just means that the
Section 15, Article 10 term incumbent president refers to Mr. Marcos
• Held: No. the keywords provinces, cities, municipalities and • Justice Antonio concurring opinion states: the only rational way
geographical areas connotes that a region consists of more to ascertain the meaning and intent is to read its language in
than one unit. In its ordinary sense region means two or connection with the known conditions of affairs out of
more provinces, thus Ifugao cannot be constituted the which the occasion for its adoption had arisen and then
Cordillera Autonomous Region construe it.

Marcos v. Chief of Staff In re Bermudez

• Issues: • incumbent president referred to in section 5 of Article 18 of the
1987 constitution refers to incumbent President Aquino and
o the meaning or scope of the words any court in
VP Doy Laurel
Section 17 Article 17 of the 1935 Constitution
o Who are included under the terms inferior court in Civil Liberties Union v. Executive Secretary
section 2 Article 7 • issue: whether EO 284, which authorizes a cabinet member,
• Held: Section 17 of Article 17 prohibits any members of the undersecretary and assistant secretary to hold not more than
Congress from appearing as counsel in any criminal case x x two positions in the government and GOCCs and to receive
x. This is not limited to civil but also to a military court or corresponding compensation therefore, violates Sec. 13, Art.
court martial since the latter is also a court of law and justice 7 of the 1987 Constitution
as is any civil tribunal.
• court examined the history of the times, the conditions under
• Inferior courts are meant to be construed in its restricted sense which the constitutional provisions was framed and its object •
and accordingly do not include court martials or military held: before the adoption of the constitutional provision, “there
courts for they are agencies of executive character and do was a proliferation of newly-created agencies, instrumentalities
 and GOCCs created by PDs and other modes of presidential established it is immaterial
issuances where Cabinet members, their deputies or assistants o on legal hermeneutics, their conclusions may not be a
were designated to head or sit as members of the board with the shade better in the eyes of the law.
corresponding salaries, emoluments, per diems, allowances and
other prerequisites of office Previous laws and judicial rulings
• since the evident purpose of the framers of the 1987 • framers of the constitution is presumed to be aware of
Constitution is to impose a stricter prohibition on the prevailing judicial doctrines concerning the subject of
President, Vice President, members of the Cabinet, their constitutional provisions. THUS when courts adopt
deputies and assistants with respect to holding multiple principles different from prior decisions it is presumed that
government offices or employment in the Government they did so to overrule said principle
during their tenure, the exception to this prohibition must be
read with equal severity
Changes in phraseology
• on its face, the language of Sec 13 Art. 7 is prohibitory so that it • Before a constitution is ratified it undergoes a lot of revisions
must be understood as intended to be a positive and and changes in phraseology (ex. deletion of words) and these
unequivocal negation of the privilege of holding multiple changes may be inquired into to ascertain the intent or
government offices or employment purpose of the provision as approved
• HOWEVER mere deletion, as negative guides, cannot prevail
Proceedings of the convention over the positive provisions nor is it determinative of any
• RULE: If the language of the constitutional provision is plain it conclusion.
is not necessary to resort to extrinsic aids • Certain provisions in our constitution (from 1935 to the present)
• EXCEPTION: when the intent of the framer doesn’t appear in are mere reenactments of prior constitutions thus these
the text or it has more than one construction. changes may indicate an intent to modify or change the
• Intent of a constitutional convention member doesn’t meaning of the old provisions.
necessarily mean it is also the people’s intent
• The proceedings of the convention are usually inquired into Galman v. Pamaran
because it sheds light into what the framers of the • the phrase” no person shall be x x x compelled in a criminal
constitution had in mind at that time. (refers to the debates, case be a witness against himself” is changed in such a way
interpretations and opinions concerning particular the words criminal cases had been deleted simply means that
provisions) it is not limited to criminal cases only.
Luz Farms v. Secretary of DAR Consequences of alternative constructions
• Whether the term “agriculture” as used in the Constitution • consequences that may follow from alternative construction of
embraces raising livestock, poultry and swine doubtful constitutional provisions constitute an important
• Transcript of the deliberations of the Constitutional factor to consider in construing them.
Commission of 1986 on the meaning of “agriculture” clearly • if a provision has more than one interpretation, that construction
shows that it was never the intention of the framers of the which would lead to absurd, impossible or mischievous
Constitution to include livestock and poultry industry in the consequences must be rejected.
coverage of the constitutionally-mandated agrarian reform • e.g. directory and mandatory interpretation: Art. 8 Sec 15(1)
program of the Government requires judges to render decision within specific periods
• Agricultural lands do not include commercial industrial, and from date of submission for decision of cases (construed as
residential lands directory because if otherwise it will cause greater injury to
• Held: it is evident in the foregoing discussion that Sec 2 of RA the public)
6657 which includes “private agricultural lands devoted to
commercial livestock, poultry and swine raising” in the Constitution construed as a whole
definition of “commercial farms” is INVALID, to the extent • provision should not be construed separately from the rest it
of the aforecited agro-industrial activities are made to be should be interpreted as a whole and be harmonized with
covered by the agrarian reform program of the State conflicting provisions so as to give them all force and effect.
• sections in the constitution with a particular subject should be
Montejo v. COMELEC interpreted together to effectuate the whole purpose of the
• Whether the COMELEC has the power to transfer, by Constitution.
resolution, one or more municipalities from one
congressional district to another district within a province, Tolentino v. Secretary of Finance
pursuant to Sec 2 of the Ordinance appended to the 1987
Constitution • VAT Law, passage of bill
• The Court relied on the proceedings of the Constitutional • involved are article 6 Sec. 24 and RA 7716 (VAT Law) •
Commission on “minor adjustments” which refers only to contention of the petitioner: RA 7716 did not originate
the instance where a municipality which has been forgotten exclusively from the HOR as required by the Constitution
(ano ba ‘to…kinalimutan ang municipality) is included in because it is the result of the consolidation of two distinct bills.
the enumeration of the composition of the congressional • Court: rejected such interpretation. (guys alam niyo na naman
district and not to the transfer of one municipality from one to, that it should originate from HOR but it could still be
district to another, which has been considered a substantive modified by the Senate) ϑ
or major adjustment

Contemporaneous construction and writings

• may be used to resolve but not to create ambiguities • In Mandatory or directory
construing statutes, contemporaneous construction are entitled to • RULE: constitutional provisions are to be construed as
great weight however when it comes to the constitution it has no mandatory unless a different intention is manifested.
weight and will not be allowed to change in any way its meaning. • Why? Because in a constitution, the sovereign itself speaks and
• Writings of delegates – has persuasive force but it depends on is laying down rules which for the time being at least are to
two things: control alike the government and the governed.
o if opinions are based on fact known to them and not
 • failure of the legislature to enact the necessary required by the
constitution does not make the legislature is illegal.

Prospective or retroactive
• RULE: constitution operates prospectively only unless the
words employed are clear that it applies retroactively

Magtoto v. Manguera
• Sec 20 of Article IV of the 1973 Constitution: “no person shall
be compelled to be a witness against himself. x x x Any
confession obtained in violation of this section shall be
inadmissible in evidence”
• Court held that this specific portion of the mandate should be
given a prospective application

Co v. Electric Tribunal
• Sec. 1(3) Art. 4 of the 1987 Constitution states that those born
before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority”
are citizens of the Philippines has a retroactive effect as
shown to the clear intent of the framers through the
language used

Applicability of rules of statutory construction

• Doctrines used in Sarmiento v. Mison is a good example in
which the SC applied a number of rules of statutory
construction.
• Issue: whether or not the appointment of a Commissioner of
Customs is subject to confirmation by the Commission on
appointments

Generally, constitutional provisions are self-executing • RULE:

constitutional provisions are self executing except when
provisions themselves expressly require legislations to implement
them.
• SELF EXECUTING PROVISIONS- provisions which are
complete by themselves and becomes operative without the
aid of supplementary legislation.
• Just because legislation may supplement and add or prescribe a
penalty does not render such provision ineffective in the
absence of such legislation.
• In case of Doubt? Construe such provision as self executing
rather than non-self executing.

Manila Prince Hotel v. GSIS

• Issue: w/n the sale at public bidding of the majority ownership
of the Manila Hotel a qualified entity can match the winning
bid of a foreigner
• Held: resolution depends on whether the issue is self executing
or not. The court ruled that the qualified Filipino entity must
be given preference by granting it the option to match the
winning bid because the provision is self executing.

- The End -

“That in all things, GOD may be glorified”