Statutory Construction Sualog Reviewer

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Statutory Construction- Sualog Reviewer
Juris Doctor (Philippine Law School)
Studocu is not sponsored or endorsed by any college or university

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STATUTORY CONSTRUCTION REVIEWER Belgica v. Ochoa, citing Justice Laurel in Angara v. Electoral
Commission: refers to the constitutional demarcation of the three
CHAPTER II: RELEVANT CONCEPTS AND PRINCIPLES TO fundamental powers of the government. Each department has
CONSTRUCTION AND INTERPRETATION OF THE LAWS exclusive cognizance of matters within its jurisdiction, and is supreme
within its own sphere. Lack of independence would result in the
I. Three Branches of the Government inability of one branch of government to check the arbitrary or self-
interest assertions of another or others.
The government of the Philippines consists of three co-equal and
independent branches: III. Principle of Checks and Balances
Executive Legislative Judiciary This principle means that every branch of the government does not
encroach over the powers of another. It is intended to secure
Legislative Power; coordination in the working of the various departments of the
vested in the government. No branch of government is clothed with too much
Congress of the power because each branch exercise some “check” over the three
Judicial Power is
Philippines consisting branches. It is created to maintain harmony of the government as a
Executive Power is vested in one
of a Senate and a whole.
vested in the Supreme Court and
House of
President of the in such lower courts
Representatives. And IV. Principle of Separation of Powers and Checks and Balances
Philippines. as may be
to the extent vis-à-vis Principle of Judicial Independence
established by law.
reserved to the
people; initiative and In the modern of constitutional State, the principle of an independent
referendum. Judiciary has its origin in the theory of separation of powers, whereby
the three separate branches of government constitute a system of
EP is the power to LP is the power to JP is the power to
mutual checks and balances aimed at preventing abuses of power to
administer and make, amend, and apply or interpret
the detriment of a free society. This independence means that both
enforce laws repeal laws laws.
the Judiciary as an institution and also the individual judges deciding
The relationships among the three branches are governed by two particular cases must be able to exercise their professional
constitutional mandates: the principle of separation of powers; and responsibilities without being influenced by the Executive, the
principle of checks and balances. Legislature or any other inappropriate sources.
II. Principle of Separation of Powers Maglasang v. People: The Supreme Court is supreme --- the third
great department of government entrusted exclusively with the
This principle is intended to prevent a concentration of authority in judicial power to adjudicate with finality all justiciable disputes, public
one person or group of persons that might lead to irreversible error or and private. No other department or agency may pass upon the
abuse. It is intended to secure action, to forestall over action, to judgments or declare them ‘unjust.’
prevent despotism and to obtain efficiency.

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The Spirit of Laws (Montesquieu): There is no liberty if the power of or a legislative difference matters matters
judging be not separated from the legislative and executive powers. proposal. between bill affecting the entirely within
Were it joined the legislative, the life and liberty of the subject would and a joint operation of the prerogative
be exposed to arbitrary control; for the judge would be then legislator. reso. both houses. of one house
Were it joined to the executive power, the judge might behave with all - it is generally of Congress,
the violence off an oppressor. used when such as
dealing with a adopting or
V. LEGISLATIVE DEPARTMENT single item or receiving its
issue. own rules
A. Legislative Power
Definition: Legislative Power is the authority to make, amend, or examples: - no real - fix the time - used to
repeal laws. proposal or recos difference; of express the
dealing with the may also be adjournment opinion of a
 Vested in the Congress of the Philippines which consist of the economy, used for of a Congress single house
increasing proposing and to express on a current
Senate and the House of Representatives
penalties for amendments the “sense of issue, call for a
certain crimes, to the Congress” on congressional
regulation on Constitution. an issue action on an
 Senate common and issue affecting
trade. national issue
- Composed of 24 senators who are elected at large
 House of Representatives prefixed with S/H - e.g. Joint - S. Ct. Res. - P. S. Res.
(if coming from Resolution No. *usually (Senate) and
- Composed of more that 250 members elected either the Senate or 1 – Resolution designated in H. Res. (HoR)
HoR) followed by Extending the the Senates
from legislative district apportioned among the
a number Period of
provinces, cities, and the Metropolitan Manila area in
assigned to the Existence of
accordance with the number of their respective measure based the Joint
inhabitants; or through a party-list system of registered on the order in Congressional
national, regional, and sectoral parties or organizations. which it is Power
introduced. Commission.
B. Types of Legislation
 Includes bill and 3 kinds of resolution force of law if - force of law if - no force of - no force of
passed by both approved by law; it is not law
Bill Joint Concurrent Simple
chambers and both chambers referred to the
Resolution Resolution Resolution
signed by the & signed by Pres.; it must
Pres. or repassed the Pres or be passed in
general measure - no real - used for - Deals with

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by Congress over repassed by the same form the public and private sectors, the academe, and
a presidential Congress over by both experts on the proposed legislation
veto. a PV. chambers
b. If not necessary: schedules the bill for Committee
discussion/s
C. Legislative Process
- In both cases, the Committee may afterwards introduce
1. Introduction of a bill by a member of Congress. amendments, consolidate bills on the same subject matter, or
propose a substitute bill
- member may introduce a number of bills;
- Prepare the corresponding committee report and then
- may have joint sponsorship and carry several members’
approve it
names
5. Calendaring for Second Reading
- embraces only one subject which should be expressed in the
title - Approved committee report is submitted to the Committee
on Rules for calendaring for Second Reading
- signed by its author/s
6. Second Reading
2. Filed with the secretary of the either of the House of Rep. or the
Senate - Secretary general reads the number, title and text of the bill,
and the following takes place:
- bill is given a corresponding number and calendared for First
Reading a. Period of Sponsorship and Debate – author delivers
sponsorship speech on the floor; members of the Hor/
3. First Reading Senate (as the case may be) engage in debate,
interpellation, turno en contra, and rebuttal to highlight
- Secretary General reads only the title and numbers of the bill
the pros and cons of the bill.
- Speaker/ Senate President (as the case may be) refers the
b. Period of Amendments – incorporates necessary
bill to the appropriate Committee/s
changes in the bill proposed by the committee or
4. Committee Consideration/ Action introduced by the members of the HoR/Senate
themselves on the floor.
- Committee evaluates it to determine the necessity of
conducting public hearings c. Voting – Members vote on the second reading
version of the bill. If approved, the bill is calendared for
a. If necessary: schedules the time of public hearing, third reading. The voting may be:
issues public notices and invites resource persons form

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i. Viva voce – aye for affirmative or nay for - similar bill should also be introduced in the other house and
opposed. it should follow the same procedures (first, second, and third
readings)
ii. Count by tellers – Speaker/ SP names one
Member from each side of the question to - if the other house-approved version is compatible, then the
count the Members in the affirmative and those final version’s enrolled form is printed
in the negative.
- however, if there are certain differences, a bicameral
iii. Division of the House – the Speaker/ SP shall conference committee will be created
ask those in favour to rise, followed by those
against. 10. Bicameral Conference Committee
iv. Nominal voting – the SG shall call, in - called to reconcile conflicting provisions of both versions of
alphabetical order, the names of the Members the senate and HoR
who shall state their vote as their names are
called. - Conference committee submits report on the reconciled
version of the bill, duly approved by both chambers
7. Printing and Distribution of Copies of the Bill’s Final Version
- reconciled version in its enrolled form is printed
- printed copies of the final version are distributed to the
Members three days before the scheduled Third Reading NOTE: enrolled bill means that it is signed by the Senate President
and the Speaker of the House of Representatives and certified by both
- three-day period can be dispensed with when the President the Secretary of the Senate and Secretary General of the House
certifies to the necessity of the bill’s immediate enactment to
meet a public calamity or emergency 11. Presentation of the Bill to the President
8. Third Reading - must be the enrolled bill
- SG reads only the number and title of the bill 12. Approval of the Bill
- roll call or nominal voting is held Three ways:
- no amendments allowed 1. If the President signs the bill.
- affirmative vote of a majority of the Members present 2. If the bill is vetoed, the bill and the message by the
President citing the reason for the veto is transmitted to the
- yeas and nays entered into the journal House where the bill originated (aka by the house who
introduced it first).
9. Other chamber’s action on the same bill

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If the Congress decides to override the veto, both Houses shall making authority to make IRRs in order to carry out an express
proceed separately to reconsider the bill or the vetoed items of legislative purpose or to effect the operation and enforcement of a
the bill. It shall become a law if the bill or its vetoed items are law is not a power exclusively legislative in character, but is rather
passed by a vote of two-thirds of the Members of each House, administrative in nature. The filling up of the details of the law for its
voting separately. enforcement is supplementary rule-making and ascertaining of facts
to bring the law into actual operation is contingent rule-making.
3. If the President neither communicates his veto of the bill to
the House where it originated, nor signs it within thirty days
after the date of receipt thereof; the bill becomes a law as if Belgica v. Ochoa, quoting People v. Macaren: the rule-making
he had signed it. power must be confined to details for regulating the mode or
proceeding to carry into effect the law as it has been enacted.
12. Assignment of Republic Act Number
NOTE: A joint resolution having the force and effect of a law goes Requisites of IRRs:
through the same process.
1. Its promulgation must be authorized by the Legislature;
2. It must be within the scope of the authority given by the

D. Principle of Non-Delegation of Power and its Exception Legislature;
Based on Article VI, Section 1 of the 1987 Constitution, the legislative 3. It must be promulgated in accordance with the prescribed
power shall be exclusively exercised by: procedure; and
a. Congress, acting as a bicameral body, and 4. It must be reasonable.
b. The people, through the process of initiative and referendum. Rules and regulations partake of the nature of a statute and are just
as binding as if they have been written in the statute itself. They
This premise mandates that Congress generally cannot delegate its enjoy the presumption of constitutionality and legality.
legislative power to another department. Delegata potestas non
potest delegari. This is the principle of the non-delegability of VI. EXECUTIVE DEPARTMENT
legislative power.
A. Executive Power
Although the power to make laws cannot be delegated by the
Legislature to any other authority, a power that is not legislative in Definition: It is vested in the President of the PH who is elected by
character may be delegated. direct vote of the people for a term of six years which shall begin at
noon on the thirtieth day of June next following the day of the
An example would be the Legislature’s act of delegating to executive election and shall end at noon of the same date, six years thereafter.
officers and administrative boards the authority to adopt and
promulgate Implementing Rules and Regulations (IRRs). The rule

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President is also the Head of the State, Head of the Government and Pres has control of all the executive departments, bureaus, and
the Commander-in-Chief of the Armed Forces of the Philippines. offices.
Control is the power of an officer to alter or modify or nullify or set

aside what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the former for that of the
latter.
B. Nature and Scope
3. Power to Issue Orders, Rules and Regulations (Ordinance
Power)
Marcos v. Manglapus: laid down the existence of residual powers
of the President. The 1987 Constitution imposes limitations on the Ordinance Power is the power of the President to issue orders, rules
exercise of specific powers of the President, it maintains intact and regulations that relate to the implementation and execution of
what is traditionally considered as within the scope of “executive laws, and govern the internal management of executive departments,
power.” The EP is more than the sum of specific powers so bureau, and offices. These ORRs are subjects of statutory
enumerated. Whatever power inherent in the government that is construction.
neither legislative nor judicial has to be executive.
Chapter 2, Book III of the Administrative Code of 1987 enumerates
the rules and regulations that the President or the Executive Branch
may issue:
C. Relevant Power of the President to Construction and
Interpretation i. Executive Orders- Acts of the President providing for rules
of a general or permanent character in implementation or
Among the presidential powers are: appointing power, military power, execution of constitutional or statutory powers shall be
pardoning power, borrowing power, diplomatic power, and budgetary promulgated in executive orders.
power.
The following powers are relevant to statutory construction:

ii. Administrative Orders- Acts of the President which relate to
1. Power to Enforce Laws particular aspect of governmental operations in pursuance
of his duties as administrative head shall be promulgated
The oath of the President specifically provides that he shall faithfully in administrative orders.
and conscientiously fulfil his duties as President of the Philippines,
preserve and defend its Constitution, and execute its laws. The
Administrative Code of 1987 imposes a duty on the President to iii. Proclamations- Acts of the President fixing a date or
ensure that the laws are faithfully executed. declaring a status or condition of public moment or
interest, upon the existence of which the operation of a
2. Power of Control specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force of

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an executive order.
This power is exercised once every year on the fourth Monday of July
iv. Memorandum Orders- Acts of the President on matters of for the opening of the regular session of the Congress of the
administrative detail or of subordinate or temporary Philippines. This is known as the State of the Nation Address (SONA).
interest which only concern a particular office or office of
the Government shall be embodied in memorandum In his speech, the President presents the state of the country by
orders. enumerating what he has accomplished so far, discussing his
administration’s short term and long term plans, setting his programs
and projects, and proposing new legislative measures that will
v. Memorandum Circulars- Acts of the President on matters accomplish or achieve those plans, programs, and projects. He gives
relating to internal administration, which the President information, situations or circumstances that serve as bases thereof.
desires to bring to the attention of all or some of the Otherwise, members of Congress may not find a justification for the
departments, agencies, bureaus or offices of the passage of his proposed legislative measure.
Government, for information or compliance, shall be
embodied in memorandum circulars. Thus, in case a provision becomes ambiguous, the Court may
determine legislative intent out of the information, situations or
circumstances that the President gave. They may serve as extrinsic
vi. General or Special Orders- Acts and commands of the aids in determining legislative intent.
President in his capacity as C-I-C of the AFP shall be issued
in general or special orders.
VII. JUDICIAL DEPARTMENT

Article 7, par. 3 (Civil Code): Administrative or executive acts,
orders and regulations shall be valid only when they are not A. Judicial Power
contrary to the laws or the Constitution
 vested in one SC and in such lower courts as may be
established by law. It includes the duty of the courts of justice
4. Executive Act to settle actual controversies involving rights which are legally
demandable and enforceable (traditional concept), and to
Executive Act- broad enough to encompass decisions of administrative determine whether or not there has been a grave abuse of
bodies and agencies under the executive department. discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government
5. Power to Inform Congress (broadened view; limits the political question area).
Section 23, Article VII (1987 Philippine Consti). The President The SC is also vested with the power of judicial review- power to
shall address the Congress at the opening of its regular declare a treaty, international or executive agreement, law,
session. He may also appear before it at any other time. presidential decree, proclamation, order, instruction, ordinance, or
regulation unconstitutional.

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B. Illustration of Hierarchy of Courts in the Philippines E. Duty of the Court to Apply the Law
See book for illustration The rule in statutory construction is that when the law is clear and
unambiguous, the Court has no alternative but to apply the same
C. Power to Apply or Interpret according to its clear language. It must be given its literal meaning
In the exercise of the Court’s judicial power, they either apply or

SECTION 5, Article VIII (1987 Constitution). The Supreme Court
interpret the law to a given case. Article 8 of the Civil Code uses the
shall have the following powers:
word ‘or’ between the words “applying” and “interpreting”.
(5) Promulgate rules concerning the protection and enforcement of
Apply the law - clear and unambiguous constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the Integrated Bar, and legal
Power to interpret- when there is an actual case or controversy which assistance to the underprivileged. Such rules shall provide a
involves a law that is ambiguous, or the actual case involves doubtful simplified and inexpensive procedure for the speedy disposition of
and difficult question of law cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
D. Judicial Construction vis-à-vis Judicial Legislation
These acts cannot be done in accordance with the legal maxims casus and applied without any interpretation or construction.
omissus pro omisso habendus est and expressio unius est exclusio
alterius. Luis K. Lokin, Jr., as the second nominee of Citizens Battle Against
Corruption (CIBAC), Petitioner v. Commission on Elections
JC JL (COMELEC) and the House of Representatives, Respondents
The Court reads into the law In the guise of exercising its power (2010): CIBAC manifested its intent to participate in the May 14,
something that is contrary to to construe or interpret, fills in the 2007 synchornized national and local elections. CIBAC President
its express provision and justify gaps in the law that cannot be Villanueva submitted a list of five nominees from which its
the same as correcting a justified by the spirit of the law or representatives would be chosen in case they receive the required
perceived inadvertence. by the doctrine of necessary number of qualifying votes: (1) Emmanuel Villanueva; (2) petitioner
implication. Luis K. Lokin, Jr.; (3) Cinchona C. Cruz-Gonzales; (4) Sherwin
Tugna; and (5) Emil L. Galang. However, prior to the elections,
Revise the most arbitrary and Takes place in the discharge of the
Villanueva filed a certificate of nomination, substitution and
unfair action of the legislature, rule-making power when the rules
amendment of the list of nominees; and thereby withdrew the
and rewrite the law to conform crafted by it diminishes, increase,
nominations of Lokin, Tugma, and Galang, substituted Armi Jane R.
with what they think should be or modify existing substantive
Borja as one of the nominees.
the law. rights.
COMELEC: in favour of the amended list and approved the
The present Constitution grants the Supreme Court the power to
withdrawal and substitution done by President Villanueva since his
promulgate rules that would protect and enforce the constitutional acts are presumed to be within the scope of his authority.
rights of the people. This rule-making power of the SC complements
the plenary legislative power of Congress: Petitioner: challenges the validity of Section 13 of Resolution No.

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78045, the COMELEC’s basis for allowing CIBAC’s withdrawal of seven grounds raised by THDC involved questions of facts, rather
Lokin’s nomination. than rule of law, which are not proper in a petition for review under
Rule 45. The Court concluded that the argument is misleading since
Issue: W/N COMELEC can issue IRRs that provide a ground for the a perusal of the present petition shows that the issues raised by
substitution of a party-list nominee not written in RA No. 7941, THDC are questions of law, as the same can be resolved solely on
otherwise known as the Party-List System Act, the law that the what the law provides under the undisputed facts.
COMELEC thereby implements.
IX. Stare Decisis
Held: Section 13 of Reso No. 7804 is invalid.
Stare Decisis is derived from the Latin maxim stare decisis et non
The Legislature deprived the party-list organization of the right to quieta movere- to adhere to precedent and not to unsettle things that
change its nominees or to alter the order of nominees once the list are settled or follow past precedents and do not disturb what has
is submitted to the COMELEC, except when: (a) the nominee dies;
been settled.
(b) nominee withdraws in writing his nomination; or (c) the
nominee becomes incapacitated. The provision must be read
Stare Decisis- “let the decision stand.” It is a general procedural law
literally because its language is plain and free from ambiguity, and
principle which deals with the effect of previous but factually similar
expresses a single, definite, and sensible meaning. An
administrative agency tasked to implement a statute may not disposition to subsequent case. It creates a doctrine which is deemed
construe it by expanding its meaning where its provisions are clear of imperative authority, controlling the decisions of like cases in the
and unambiguous. same court and in lower courts within the same jurisdiction, unless
and until the decision in question is reversed or overruled by a court
VIII. Does Construction involve Questions of Law or Fact? of competent authority.
Question of Law- Arises when there is doubt as to what the law is on Basis of SD in our jurisdiction is entrenched under:
a certain state of facts. It must not involve an examination of the
probative value of the evidence presented by the litigants or any of
Art. 8 (Civil Code). Judicial decisions applying or interpreting the
them. laws or the Constitution shall form a part of the legal system of the
Philippines.
Question of Fact- Arises when doubt arises as to the truth or falsity of
the alleged facts.
Judicial decisions- decisions of the SC only and not of the lower
If the case or petition can be resolved solely on what the law provides courts.
under the undisputed facts then the issue therein is a question of law,
X. Importance of Stare Decisis in Statutory or Constitutional
and the rules on construction and interpretation can be resorted to in
Construction
order to arrive at a reasonable interpretation of the law involved.
The application or interpretation made in a prior case should be
Tongonan Holdings and Development Corporation (THDC) v. Atty. likewise made applicable to the subsequent factually similar cases. It
Francisco Escano, Jr.: respondent Atty. Escano alleged that the constitutes a part of the law as of the date the statute is enacted.

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Two landmark cases decided by the SC wherein the principle was

thoroughly explained to establish that the doctrines laid down in the appointments during the period of the ban. On the other hand,
prior cases were not controlling to these landmark cases. there is a strong public policy for the prohibition against
appointments made within the period of the ban.
XI. First Landmark Case: In Re: Valenzuela and Vallarta and

De Castro v. JBC Arturo M. De Castro v. Judicial and Bar Council (JBC) and President
Gloria Macapagal-Arroyo:
In Re Appointments dated March 30, 1998 of Hon. Mateo A.
The controversy arose from the compulsory retirement of CJ Puno
Valenzuela and Hon. Placido B. Vallarta as Judges of the Regional
seven days after the presidential election. Valenzuela was weak
Trial Court of Branch 62, Bago City and of Branch 24, Cabanatuan
because it relied on interpretation to determine the intent of the
City, respectively (1998):
framers rather than on the deliberations of the Constitutional
Chief Justice Narvasa did not recognize the appointments of Hon. Commission. Valenzuela undermines the intent of the Constitution
Valenzuela and Hon. Vallarta because he believed that they were of ensuring the independence of the Judicial Department from the
made in violation of Section 15 of Article VII7 which prohibits the Executive and Legislative Departments. Furthermore, had the
President from making an appointment within two months framers intended to extend the prohibition contained in Section 15,
immediately before the next presidential elections and up to the Article VII as being equally applicable to the appointment of the
end of his term. Held: The Court’s view is that during the period Members of the Supreme Court, they could have explicitly done so.
stated in Section 15, Article VII of the Constitution, the President is Thus, JBC was directed to resume its proceedings or the
neither required to make appointments to the courts nor allowed to nomination of candidates.
do so; and that Sections 4(1)8 and 99 of Article VIII simply mean
Motion for reconsideration: contended that the principle of stare
that the President is required to fill vacancies in the courts within
the time frames provide therein unless prohibited by Section 15 of
decisis is controlling, and that the Court has erred in disobeying or
abandoning Valenzuela.
Article VII. It is noteworthy that the prohibition on appointments
comes into effect only once every six years. The appointments were
Held: No basis. A judicial pronouncement in an earlier decision may
unquestionably made during the period of the ban. They come
be followed as a precedent in a subsequent case only when its
within the operation of the first prohibition relating to appointments
reasoning and justification are relevant, and the court in the latter
which are considered to be for the purpose of buying votes or
case accepts such reasoning and justification to be applicable to
influencing the election. While the filling of vacancies in the
the case. The Constitution itself recognizes the innate authority of
judiciary is undoubtedly in the public interest, there is no showing
the Court en banc to modify or reverse a doctrine or principle of
in this case of any compelling reason to justify the making of the
law laid down in any decision rendered en banc or in division.

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XII. Second Landmark Case: Philconsa v. Enriquez, LAMP v.

Secretary of Budget and Management, and Belgica v. application of the stare decisis principle.
Ochoa
Furthermore, Philconsa is riddled with constitutional inconsistencies
which similarly countervail against a full resort to stare decisis. The
Belgica v. Ochoa: former validated the post-enactment identification authority of
Members of Congress on the guise that the same was merely
Decisions in the Philconsa and LAMP do not bar the relitigation of recommendatory. As held in the case of Abakada Guro Party List v.
the issue of constitutionality of the “Pork Barrel System” under the Purisima, it has effectively overturned Philconsa’s allowance of post-
principle of stare decisis. Philconsa was the first case where a enactment legislator participation in view of the separation of
constitutional challenge against a Pork Barrel provision was powers.
resolved by the Court. Petitioners contend that the power given to
the Members of Congress to propose and identify projects and
activities to be funded by the CDF is an encroachment by the
legislature on executive power.
The Court reached the following main conclusions: (1) Under the
Constitution, the power of appropriation, or the “power of the
purse” belongs to the Congress; (2) the power of appropriation
carries with it the power to specify the project or activity to be
funded under the appropriation law and it can be detailed and as
broad as Congress wants it to be; and (3) the proposals and
identifications made by Members of Congress are merely
recommendatory.
The Philconsa resolution was a limited response to a separation of

powers problem, specifically on the propriety of conferring post-
enactment identification authority to Members of Congress. LAMP
case was dismissed on a procedural technicality. It has not set any
controlling doctrine susceptible of current application to the
substantive issues in these cases. Stare decisis would not apply.
In the present case, Belgica calls for a more holistic examination of:
(1) the inter-relation between the CDF and PDAF Articles with each
other, formative as they are of the entire “Pork Barrel System” as
well as (2) the intra-relation of post-enactment measures contained
within a particular CDF or PDAF Article, including not only those
related to the area of project identification but also to the areas of
fund release and realignment. The complexity of the issues and the
broader legal analyses herein warranted may be, therefore,
considered as a powerful countervailing reason against a wholesale

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- art or process of discovering and expounding the

intended signification of the language used, that is, the
meaning of which the authors of the law designed it to
convey to others.
- Mainly concerned with the meaning of the language

used
One is construing when the purpose is to know the meaning of the

law itself by looking into the intention of the authors through the use
CHAPTER I: CONSTRUCTION AND INTERPRETATION OF LAWS of extrinsic aids. One is interpreting the law when the purpose is to
know the intended signification of the word or phrase used in the law
I. Construction and Interpretation, in General only, based on the meaning which its authors designed it to convey
through the use of intrinsic aids.
Definitions from Henry Campbell Black, author of Black’s Law
Dictionary: However, in the book entitled Brief Making and the Use of Law Books:
The attempt to introduce a distinction between the two terms has not
 Construction been accepted by the profession. For practical purposes any
distinction may be ignored, in view of the real object of both
- applied to written law, is the art or process of interpretation and construction, which is merely to ascertain the
discovering and expounding the meaning and intention meaning and will of the lawmaking body, in order that it may be
of the authors of the law with respect to its application enforced.
to a given case, where that intention is rendered
doubtful either by reason of apparently conflicting As decided in the case of Philippine Apparel Workers Union v. National
provisions or directions, or by reason of the fact that Labor Relations Commission, the Supreme Court confirms that
the given case is not explicitly provided for in the law. construction is the same with interpretation. There is no distinction
between interpretation and explaining the extent and scope of the
law; because where one explains the intent and scope of a statute, he
- Ascertainment of the meaning and intention of the is interpreting it.
authors of the law
II. Construction and Interpretation Can be Used

 Interpretation Interchangeably
The common denominators between these two concepts are:

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1. They are both utilized in case of ambiguity in the law --- in the
language used or in its application; and Art. 8, Civil Code
Ambiguity Judicial decisions applying or interpreting the laws or the

Constitution shall form a part of the legal system of the Philippines.
- arises when the term or provision of the law is
susceptible of two or more different meanings. It arises
when the facts constituting controversy are not If interpretation is not the same with construction and they cannot be
explicitly provided for in the law. Ambiguity comes in used interchangeably, then judicial decisions construing the laws or
when its literal application defeats its very purpose, the Constitution should never form part of the legal system of the
results to injustice and leads to absurdity. Philippines.
2. They have the same object---to ascertain the meaning and will of Thus, since the distinction between construction and interpretation is
the authors of the law in order that law may be enforced . blurred in practical sense and their real object is one and the same,
the two terms can be used interchangeably.
When the law is clear, plain, and free from ambiguity, it must be given
its literal meaning. This is based on the presumption that the words
employed therein correctly express its intent and preclude even the
III. Significance of Construction and Interpretation
courts from giving it a different construction.
Construction and interpretation guide or assists the Courts as well as
When the literal application of the law defeats its very purpose,
legal practitioners in unfolding and establishing the real meaning and
results to injustice and leads to absurdity, construction and
purpose of an ambiguous and obscure term or provision of the law. It
interpretation are resorted to, in order to ascertain the meaning and
provides for certain rules, legal maxims, doctrines, principles, tools,
will of the authors of the law in order that law may be enforced. This
and techniques that can be observed, used or applied in the
is in accordance with:
ascertainment and determination of legislative intent or intent of the
framers in order to give effect to a statutory or constitutional
Art. 10, Civil Code command.
In case of doubt in the interpretation or application of laws, it is IV. Statutory Construction vis-à-vis Constitutional Construction
presumed that the lawmaking body intended right and justice to
prevail. Constitutional construction
 art or process of discovering and expounding the meaning and

intention of the authors of the law with respect to its
application to a given case.
Furthermore, in our jurisdiction, the legislature intended to give the
term construction the same signification as interpretation as
evidenced in Article 8: Constitutional construction Statutory construction

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Understanding the classification of a specific law will help in

Subject: constitution Subject: laws lower than the determining the treatment or construction that will be accorded with
constitution like statutes, such law.
ordinance and their
implementing rules and  According to the extent of their enforceability or applicability
regulations
General Laws Special Laws

Intent: interpreter seeks to Intent: interpreter seeks to
ascertain the intent of the ascertain and discover the intent Enforceable throughout the Limited to specific territory of a
framers of the constitution in of the legislature entire territory of a state. It is state or is applicable to a
light of the realization of the applicable to all people or particular person.
purpose of the people in the applicable to all persons in the
adoption of the constitution. same class if the law applies to Example: Local law
a specific class.
 According to whether a right is created or a procedure of the

CHAPTER III: LAWS: CONSTITUTION, STATUTE, AND ORDINANCE enforcement of a right is provided
I. Law
Substantive Laws Procedural Laws
Creates a right, and imposes an Provides for the mechanisms or

A. Definition
obligation. steps by which a right may be
enforced or a wrong may be
Two concepts in the definition of law:
redressed.
General or Abstract Sense Specific or Material Sense

 According to the persons affected
The science of moral rules A rule of conduct, just

Public Laws Private Laws
founded on the rational nature obligatory, promulgated by
of man, which governs his free legitimate authority, and of
Governs the conduct of state, Any portion of a law that
activity, for the realization of the common observance and
government, public officials and governs, defines, regulates and
individual and social ends, of a benefit.
employees, their relationships administers the relationships
nature both demandable and
with each other, and their among private individuals,
reciprocal.
relationships with the people. corporations, and organizations.
B. Classifications of Law

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Deals with the relation between Deal with the relation between Applies to acts, situations or Applies to acts, situations, or
the state and its constituents or individuals, associations and events that will happen after its events that happened even
citizens. corporations. effectivity. The law looks before its passage or enactment.
forward. The law looks backward.
Affects the society as a whole. Affects an individual, a family, or

a small group.  According to the terms used for their expression
Constitutional law, criminal law, Civil law, labor law, commercial Affirmative Laws Negative Laws
administrative law, and tax law. law, corporation law.
Couched in affirmative terms Expressed in negative terms. It
is generally a prohibitive law.
NOTE: A particular law may be classified as general, substantive,

public, mandatory, affirmative, and prospective.
 According to their force
II. The Subjects of Construction and Interpretation
Mandatory Law Prohibitory Law Directory Law

Constitutional construction and Statutory construction and
Commands the Operates to restrain Provides for either a interpretation interpretation
doing, performance, the commission of direction or an
or observe of an act. an act, or command instruction, the Subject: constitution Subjects: laws lower than the
Something must be a person from not observance of which constitution which include
done. doing an act. is a matter of statutes, ordinance and the
Something must not convenience. It has administrative IRRs issued
be done. no obligatory force. pursuant thereto.
Violation is a mere
irregularity. Executive orders, administrative
orders, proclamations,
memorandum orders,
NOTE: Acts executed against provisions of mandatory or prohibitory memorandum circulars, general
or special orders issued by the
laws shall be void, except when the law itself authorizes their validity.
President.
 According to their effect and operation
Prospective Law Retroactive Law

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NOTE: Contracts are not subjects of statutory and constitutional

constructions. Their interpretation is generally covered by the Civil Usually states general principles, Must provide the details of the
Code10 and the Rules of Court11. and builds the substantial subject of which it treats.
foundation and general
III. Constitution framework of the law and
government.
A. Definition and Purpose
NOTE: a constitutional provision is a higher form of statutory law,

wherein the people may provide that it shall be self-executing where
 Constitution the object is to put it beyond the power of the legislature to render
such provision nugatory by refusing to pass laws to carry into effect.
- a written enactment by the direct action of the people
providing for the form of government and defining the
powers of the several departments, thus, creating a A constitution, unlike a statute, is intended not merely to meet
fundamental law which is absolute and unalterable existing conditions, but to govern the future.
except by the authority from which it emanated.
- Purpose: prescribe the permanent framework of the Tawang Multi-Purpose Cooperative, Petitioner v. La Trinidad Water
District, Respondent (2011):
system of government and assign to the different
departments their respective powers and duties, and to TMPC filed with the National Water Resource Board (NWRB) an
establish certain fixed first principles on which application for a certificate of public convenience (CPC) to operate
government is founded. and maintain a waterworks system in Brgy. Tawang. LWTD claimed
that under Section 47 of PD No. 198, its franchise is exclusive.
Held: Unconstitutional. The President, Congress, and the Court

B. Doctrine of Constitutional Supremacy cannot create directly franchises for the operation of a public utility
that are exclusive in character. The Constitution expressly and
If a law or contract violates any norm of the constitution, that law or clearly prohibit the creation of franchises that are exclusive in
contract is null and void without any force and effect. Thus, since the character.
Constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contract. Section 47 of PD No. 198 allows the Board of Directors (BOD) and
the Local Water Utilities Administration (LMUA) to create directly
C. Constitution vs. Statutes franchises that are exclusive in character. In case of conflict
between the Constitution and a statute, the Constitution always
prevails because the Constitution is the basic law to which all other
Constitution Statutes laws must conform. The duty of the Court is to uphold the
Constitution and to declare void all laws that do not conform to it.

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Under the doctrine of constitutional supremacy, if a law or contract After Jones Law or PH
violates any norm of the constitution, that law or contract whether Autonomy Act of 1916 – PH
promulgated by the legislative or by the executive branch or Senate and PH HoR
entered into by private persons for private purposes is null and
void, and without any force and effect. Thus, since the Constitution Commonwealth Act (CA) Commonwealth Congress (1935-
is the fundamental, paramount, and supreme law of the nation, it is 1946)
deemed written in every statute and contract.
National Assembly established
by virtue of the 1935
IV. Statute Constitution. First, Unicameral
(1935), then Bicameral (1941).
A. Definition
Republic Act (RA) 1st – 7th Congress (1946-1972)
 Statute Congress of the PH after the

restoration of the PH
- the law enacted by the legislature. It must be Independence on July 4, 1946.
expressed in a form, and must be passed in
accordance with the procedures, provided by law for its
Presidential Decree (PD) President Marcos
validity.
Made after the proclamation of
Martial Law on September 21,
1972.
B. Nomenclature of Statutes in the Philippines
Nomenclature/Abbreviation/ Legislature/ Competent Batas Pambansa (BP) Batasang Pambansa (1978-

Sample Authority 1986)
Established by virtue 1973

Public Act (Act) Philippine Commission and
Constitution: first, the Interim
Philippine Assembly (1901-1935)
Batasang Pambansa (1978),
1901 – Legislative Acts of the then the Regular Batasang
PH Commission Pambansa (1984).
After 1907 – PH Commission Executive Order (EO) President Corazon C. Aquino

(upper house) and PH Assembly
(lower house) Pursuant to Section 1, Article II
of the Provisional Constitution

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- name by which the statute is known. It can either be

and Section 6, Article XVIII of long or short.
the 1987 Constitution.
Republic Act (RA) 8th --- Present Congress a. Long title
Under the 1987 Constitution. - situated outside the main text of the statute. It comes
before the enacting clause and preamble. It contains
one subject and generally describes the statute’s
C. Parts of a Statute
purpose and effects.
These different parts of a statute serve as intrinsic aids in
b. Short title
construction.
- formal name by which the statute may be cited. It is
1. Official Citation
usually designated in a specific section in the statute.
- nomenclature of the statute and its number which is
the cardinal, ordinal, and nominal number of the
statute. 3. Enacting Clause
- declares the legislative authority of the legislature that

a. Cardinal enacted the statute and gives the statute the force of
law.
- how many statutes had been passed already before
this particular statute 4. Preamble
b. Ordinal - enumerates the aims or objectives of a statute. It

declares the principles and states the policies that
- order of the particular statute
guide the legislature in enacting the statute.
c. Nominal
The present Republic Acts doesn’t have a preamble, but the
aims or objectives for the enactment may still be found from
- a way to identify the statute
the explanatory note which is the cover letter of the bill that
became the statute. It gives the purpose, laws down the
reason, and provides an overview or explains the necessity for
2. Title the bill’s enactment.
5. Body

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- main body of the statute follows the Preamble. The effective unless the remaining provisions, parts or
body or its part is subdivided into: potions will no longer stand as a good law.
a. Section 7. Repealing Clause
- numbered in bold type and written as Section - indicates the prior law that it revokes in case of an
[number]. express repeal. It may also provide a general
statement that other laws contrary to or inconsistent
with the provisions of the statute or any part thereof
are repealed, amended and/or modified accordingly.
b. Epigraph
- brief statement of what each section is about. It is

heading of each section. 8. Effectivity Clause
- states when the law will take effect or become

effective.
c. Subsection
- numbered in standard type and enclosed in brackets.

9. Definition Section
- gives the meaning of key terms in the text of the

d. Paragraph statute.
- an association of sentences that gives a point or an

idea. Usually one may have one paragraph but there is
no limitation on the number of paragraphs per section. 10. Interpretation Section
Towards the end of a statute there are other formal sections. These - rule on how the statute shall be interpreted in case of
may include: ambiguity in any provision thereof.
6. Separability Clause
- if any provision, part or portion of the statute shall be 11. Saving clause
declared unconstitutional, the other provisions, parts or
portions which are not affected shall remain valid and - limits the application or operation of a new statute to
already existing rights, obligations and procedures

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when the new statute will affect them. It avoids the

impairment of vested rights, existing obligations and
contracts.
V. Ordinance
Barangay Association for National Advancement and Transparency

(BANAT) Party-List v. COMELEC (2009): A. Definition
Petitioner alleges the title of RA No. 9369 is misleading because it

speaks of poll automation but contains substantial provisions  Ordinance
dealing with the manual canvassing of election returns. Petitioner
also alleges that Sections 34, 37, 38, and 43 are neither embraced - law passed by the legislative bodies of the local
in the title nor germane to the subject matter of RA No. 9369.
government units.
Respondents claim that the title is broad enough to encompass
topics which deal not only with the automation process but with
everything related to its purpose of encouraging transparent,
credible, fair, and accurate elections.
B. Ordinance v. Resolution
Doctrine: requirement is satisfied if the title is comprehensive
enough to include subjects related to the general purpose which Ordinance Resolution
the statute seeks to achieve. The title of a law does not have to be
an index of its contents and will suffice if the matters embodied in A law Merely a declaration of the
the text are relevant to each other and may be inferred from the sentiment or opinion of a
title. Moreover, a title which declares a statute to be an act to lawmaking body on a specific
amend a specified code is sufficient and the precise nature of the matter
amendatory act need not be further stated.
Held: RA No. 9369 violates Section 26(1), Article VI of the Possesses a general and Temporary in nature.
Constitution (One subject One title). RA No. 9369 is an amendatory permanent character.
act entitled “An Act amending ra no. 8436, entitled ‘An Act
Authorizing the Commission on Elections to Use an Automated
Election System in the May 11, 1998 National or Local Elections and Third reading is necessary for its Not needed, unless decided
in Subsequent National and Local Electoral Exercises, To Encourage enactment. otherwise by a majority of all
Transparency, Credibility, Fairness and Accuracy of Elections, the Sanggunian members.
Amending for the Purpose Batas Pampansa Blg. 881, as Amended,
Republic Act no. 7166 and Other Related Elections Laws, Providing
Funds Therefor and For Other Purposes.’ The provisions of RA No. C. Test of Valid Ordinance
9369 assailed by petitioner deal with amendments to specific
provisions of RA No. 7166 and BP Blg. 881. The assailed provisions Requisites:
are germane to the subject matter of RA No. 9369 which is to
amend RA No. 7166 and BP Blg. 881, among others.

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(1) it must not contravene the Constitution or any statute;
(2) must not be unfair or oppressive;
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;

White Light Corporation v. City of Manila:
(5) must be general and consistent with public policy; and
Manila Mayor Lim signed into a law an ordinance which prohibited
(6) must not be unreasonable. “Short-time Admission” in hotels, inns, et al. in the City of Manila.
Petitioners, components of the Anito Group of Companies (which
own and operate hotels + motels in Metro Manila), challenged the
validity of said ordinance. Petitioners argued that it is
unconstitutional due to it violating to the right to privacy and
Fernando v. St. Scholastica’s College (2013): freedom of movement, and that it is an invalid exercise of police
power. RTC rendered said ordinance null and void, and CA reversed
SSC owns properties in Marikina, which are enclosed by a tall RTC’s decision.
concrete perimeter fence. Marikina City enacted ordinances, in
accordance with their police power, which prohibited the building of Held: The apparent goal of the ordinance is to minimize if not
walls and fences within a five-meter allowance from the front eliminate the use of the covered establishment for illicit sex,
monument line and the building line of an establishment and prostitution, drug use, and alike. These goals, by themselves, are
religious/educational institution, and to make fences 80% see thru. unimpeachable and certainly fall under the ambit of the Police
Petitioners sent a letter to respondent to demolish and replace their Power of the State. Yet the desirability of these ends do not sanctify
fence to follow said ordinances. In return, respondents filed a any and all means for their achievement. Those means must align
petition for prohibition with an application for preliminary injunction with the Constitution, and our emerging sophisticated analysis of its
and temporary restraining order. RTC granted petition, and CA guarantees to the people. The Ordinance rashly equates wash rates
affirmed. and renting out a room more than twice a day with immorality
without accommodating innocuous intentions
Held: The ordinances in question are not valid exercises of police
power. To successfully invoke the exercise of police power for
enactment of an ordinance, the Court used two tests; rational basis
(which checks if they rationally further a legitimate gov’t interest),
and the strict scrutiny test. Both ordinances in question failed said D. Doctrine of Vagueness v. Doctrine of Overbreadth
test, the five-meter allowance ordinance violating Section 9, Article
III of the 1987 Constitution, and the 80% see-thru ordinance being
a violation of the right to privacy, enshrined in the Bill of Rights.
 Doctrine of Vagueness
- A statute suffers from the defect of vagueness when it

lacks comprehensible standards that men of common

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intelligence must necessarily guess at its meaning and

differ as to its application. It is repugnant to the credible threat of prosecution under RA No. 9372 that would
Constitution in two aspects: warrant a vagueness analysis.
(1) It violates due process for failure to accord

persons, especially the parties targeted by it, fair
notice of the conduct to avoid; and
(2) It leaves law enforcers unbridled discretion in

carrying out its provisions and becomes an arbitrary
flexing of the Government muscle.
 Overbreadth doctrine
- decrees that a governmental purpose to control or

prevent activities constitutionally subject to state
regulations may not be achieved by means which
sweep unnecessarily broadly and thereby invade the
area of protected freedoms. Its application is limited to
a facial kind of challenge and applicable only to free
speech cases.
Southern Hemisphere Engagement Network v. Anti-Terrorism

Council:
Petitioners assailed for being intrinsically vague and impermissibly

broad the definition of the crime of terrorism under R.A. No. 9372
in that terms like “widespread and extraordinary fear and panic
among the populace” and “coerce the government to give in to an
unlawful demand” are nebulous leaving law enforcement agencies
with no standard to measure the prohibited acts.
Held: The overbreadth doctrine was not applied because RA No.

9372 is a penal statute which does not regulate speech so as to
permit a facial analysis of its validity using such doctrine. On the
other hand, the vagueness doctrine was not applied in the case
because petitioners established neither an actual charge nor a

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 Verba legis
- plain-meaning rule; where the statute is clear,

plain, and free from ambiguity, it must be given its
literal interpretation.
Related Latin maxims:
 Index animi sermo
- speech is the index of intention.
CHAPTER IV: LEGISLATIVE INTENT
I. In General  Verba legis non est recedendum
- from the words of a statute there should be no

departure.
 Legislative intent
Where a literal meaning would defeat the clear purpose of the
- purpose of the legislature in enacting the law, or the
legislature; or would result to contradiction, injustice or absurdity, the
meaning the legislature seeks to convey.
court considers the spirit and reason of the law.
In construing statutes the proper course is to start out and follow the
B. Purpose Rule
true intent of the legislature and to adopt that sense which
harmonizes best with the context and promotes in the fullest manner In construing a statute, the reason for its enactment should be kept in
the apparent policy and objects of the legislature. This is based on the mind and the statute should be construed with reference to the
Latin maxim ratio legis est anima legis or the reason of law is the intended scope and purpose. Hence, between two interpretations, the
soul. one that defeats the purpose for which the law is enacted shall be
disregarded and the order that achieves the intended purpose of the
II. Rules in Determining Legislative Intent vis-à-vis the
legislature shall be upheld.
Interpretation That Must Be Accorded to the Law
C. Mischief Rule
In statutory construction, the interpretation based on letters is
considered first before an interpretation based on spirit and reason.
A. Literal Rule  Mischief

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- the problem or the evil which the legislature wants

to solve or put an end. Ombudsman was dismissed from service, and a disciplinary case
was initiated against a Special Prosecutor, by the Office of the
The focus of this rule is the mischief which the law seeks to suppress. President. The issue is whether the Office of the President has
In construing a law, the evil and the remedy for its suppression jurisdiction to exercise administrative disciplinary power over a
should be kept in mind and the law should be construed in the light of Deputy Ombudsman and a Special Prosecutor who belong to the
the evils sought to be remedied. If the law aims to solve a problem, constitutionally-created Office of the Ombudsman. The court was
confronted of two apparently conflicting provisions of Ombudsman
any ambiguity in the law should be resolved in such a way as to favor
Act of 1989 (RA No. 6770). Section 21 declares that the Office of
such aim.
the Ombudsman’s disciplinary authority over all elective and
appointive officials of the Government, while Section 8(2) grants
D. Golden Rule
the President express power of removal over a Deputy Ombudsman
and a Special Prosecutor.
Ordinary words must be given their ordinary and natural meanings,
and special or technical words their special or technical meanings, Held: A harmonious construction of these two provisions leads to
unless the meaning would result to absurdity. the conclusion that Congress had intended the Ombudsman and
the President to exercise concurrent disciplinary jurisdiction over
III. Legislative Intent Can Be Discovered from the Four the petitioners. In perusing the Congressional deliberations, the
Corners of the Statute manifest intent of Congress was to provide for an external
authority. Such legislative design is simply a measure of “check and
Municipality of Nueva Ecija, Ilocos Norte v. Municipality of Marcos, balance” intended to address the lawmaker’s real and valid concern
Ilocos Norte: In order to discover said intent, the whole statute, and that the Ombudsman and his Deputy may try to protect one
not only a particular provision thereof, should be considered. Every another from administrative liabilities.
section, provision or clause of the statute must be expounded by
reference to each other in order to arrive at the effect contemplated
by the legislature. The intention of the legislator must be ascertained
from the whole text of the law, and every part of the act is to be
taken into view.
IV. Care Should Be Taken that Every Part of the Statute be

Given Effect
It is a basic canon of statutory construction that in interpreting a

statute, care should be taken that every part thereof be given effect.
Gonzales III v. Office of the President:

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II. Effects of Presumption in Construction and Interpretation
A presumption affects the burden of proof. He who claims the

contrary has the duty to present evidence necessary to establish his
claim by the amount of evidence required by law. One who challenges
the unconstitutionality of a law has to present clear and convincing
proof to defeat the presumption of constitutionality being enjoyed by
such law.
The presumption will likewise guide the Court in arriving at the right
interpretation. In case the text of the law is susceptible to two or
more sensible interpretations, the Court should consider the one that
will uphold justice or will make the law effective since the law
presumes that the legislature intends justice and fairness to prevail.
III. Relevant Presumptions
Presumption against Unconstitutionality, Presumption against Violation

of International Law, Presumption against Injustice, Presumption
against Absurdity, Presumption against Ineffectiveness, Presumption
against Undesirable Consequences, Presumption against Implied
CHAPTER V: PRESUMPTION Repeal, and Presumption against Retrospective Operation of Laws.
I. Definition IV. Presumption Against Unconstitutionality
Presumption The presumption is that the legislature intended to enact a valid,

sensible and just law and one which operates no further than may be
- Presumption aids to reasoning and argumentation, which necessary to effectuate the specific purpose of the law. Every
assume the truth of certain matters for the purpose of presumption should be indulged in favor of the constitutionality and
some given inquiry. They may by grounded on general the burden of proof is on the party alleging that there is a clear and
experience, or probability of any kind; or merely on policy unequivocal breach of the Constitution.
and convenience. (Professor James Bradley Thayer)

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To justify the nullification of the law or its implementation, there must i. Moot and Academic Principle
be a clear and unequivocal breach of the Constitution. In case of
doubt in the sufficiency of proof establishing unconstitutionality, the A case becomes moot and academic when there is no more actual
Court must sustain legislation because to invalidate a law based on controversy between the parties or no useful purpose can be served
baseless supposition is an affront to the wisdom not only of the in passing upon the merits. An academic discussion of a case
legislature that passed it but also of the executive which approved it. presenting a moot question is not necessary, because a judgment on
the case cannot have any practical legal effect or, in the nature of
things, cannot be enforced.
V. Requisites for Judicial Inquiry in Constitutional Litigation ii. Exception to the Moot and Academic Principle
The Court can still validly exercise its power of judicial review and
decide cases which are otherwise moot, if:
1. There must be an actual case or controversy calling for the
exercise of judicial power; 1. There is a grave violation of the Constitution;
2. The person challenging the act must have the standing to 2. The exceptional character of the situation and the paramount
question the validity of the subject act or issuance public interest is involved;
3. When the constitutional issue raised requires formulation of

3. The question of constitutionality must be raised at the earliest
controlling principles to guide the bench, the bar, and the
opportunity;
public;
4. The issue of constitutionality must be the very lis mora of the 4. The case is capable of repetition yet evading review.
case.
A. Actual Controversy
An AC is one which involves a conflict of legal rights, an assertion of

opposite legal claims susceptible of judicial resolution, and that the
question before the Court must be ripe for adjudication, that is, the
governmental act being challenged has a direct adverse effect on the B. Legal Standing
individual challenging it.
Locus standi

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- a right of appearance in a court of justice on a given 1. The cases involve constitutional issues;
question.
2. For taxpayers, there must be a claim of illegal disbursement of

a. Private suits public funds or that the tax measure is unconstitutional;
- standing is governed by the “real-parties-in-interest” rule.

Every action must be prosecuted or defended in the name
3. For voters, there must be a showing of obvious interest in the
of the real party in interest.
validity of the election law in question;
 Real party in interest
- the party who stands to be benefited or injured by 4. For concerned citizens, there must be a showing that the
the judgment in the suit or the party entitled to the issues raised are of transcendental importance which must be
avails of the suit. settled early;
b. Public suits 5. For legislators, there must be a claim that the official action
complained of infringes upon their prerogatives as legislators.
- plaintiff asserts a public right in assailing an allegedly
illegal official action and does so as a representative of the
general public.
C. Earliest Opportunity
Direct injury test

Section 5, Article VIII, 1987 Constitution.
- the person who impugns the validity of a statute must
have a personal and substantial interest in the case such The Supreme Court shall have the following powers:
that he has sustained, or will sustain direct injury as a
result. (2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final
However, being a mere procedural technicality, the requirement of judgments and orders of lower courts in:
locus standi may be waived by the Court. Taxpayers, voters,
(a) All cases in which the constitutionality or validity of any treaty,
concerned citizens, and legislators may be accorded standing to sue,
international or executive agreement, law, presidential decree,
provided that the following requirements are met: proclamation, order, instruction, ordinance, or regulation is in
question.

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Exception: when the parts of a statute are so mutually dependent and

connected, as conditions, considerations, inducements, or
compensations for each other as to warrant a belief that the
D. Lis Mota legislature intended them as a whole, the nullity of one part will
vitiate the rest.
It means that the Court will not pass upon a question of
unconstitutionality, although properly presented, if the case can be
disposed of on some other ground, such as the application of the
statute or the general law. The petitioner must be able to show that
the case cannot be legally resolved unless the constitutional question
raised is determined. [Apply presumption of constitutionality]
VI. ‘Not Constitutional’ or ‘Unconstitutional’
Unconstitutional. The statement recognizes the presumption of VIII. Presumption Against Violation of International Law
constitutionality that every statute enjoys. Such statement
presupposes that the one challenging the constitutionality of the Basis of the Presumption
statute had discharged his burden of presenting evidence necessary
The primary basis of this presumption is the incorporation clause
to establish his claim by the amount of evidence required by law in
(Article II, Section 2) of the Constitution which states that the
order to overcome such presumption.
Philippines adopts the generally accepted principles of international
The statement that the statute is not constitutional negates the law as part of the land.
presumption of constitutionality because it gives an impression that
The time-honored international principle of pacta sunt servanda
the statute has never been constitutional.
demands the performance in good faith of treaty obligations on the
part of the states that enter into the agreement. Every treaty in force
is binding upon the parties, and obligations under the treaty must be
VII. Effects of the Unconstitutionality of a Provision of a Statute performed by them in good faith. More importantly, treaties have the
force and effect of law in this jurisdiction.
General rule: where part of a statute is void as repugnant to the
Constitution, while another part is valid, the valid portion, if separable A. International Law vs. Administrative Issuances
from the invalid, may stand and be enforced.
Deutsche Bank AG Manila v. Commissioner of Internal Revenue
The valid portion must be so far independent of the invalid portion
(2013):
that it is fair to presume that the legislature would have enacted it by
itself if it had supposed that it could not constitutionally enact the In accordance with Sec. 28(A)(5) 4 of the National Internal
other. Revenue Code (NIRC) of 1997, petitioner withheld and remitted to
respondent the amount of P67,688,553.51, which represented the
fifteen percent branch profit remittance tax (BPRT) on its regular

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banking unit (RBU) net income remitted to Deutsche Bank Germany presumed that the law-making body intended right and justice to
(DB Germany) for prior taxable years. prevail.
Petitioner: requested from the International Tax Affairs Division

(ITAD) a confirmation of its entitlement to the preferential tax rate
of 10% under the RP-Germany Tax Treaty.
Respondent: The requirement of prior application under Revenue Salvacion v. Central Bank of the Philippines:
Memorandum Order No. 1-2000 (RMO No. 1-2000) is mandatory in
character. Thus, courts cannot ignore administrative issuances The case involved a crime of rape committed by a foreign tourist
which partakes the nature of a statute and have in their favour a against a Filipino minor and the execution of the final judgment in
presumption of legality. the civil case for damages on the tourist’s dollar deposit with a local
bank. The local bank and the Central Bank refused to recognize the
CTA: denied the claim and ruled that prior application for a tax writ of execution invoking the said section. The Court held that
treaty relief is mandatory, and noncompliance with this prerequisite injustice would result especially to a citizen aggrieved by a foreign
is fatal to the taxpayer’s availment of the preferential tax rate. guest like accused and that would negate Article 10 of the Civil
Code. The Court ordered respondents Central Bank of the PH, the
Ruling: Those who are entitled to the benefit of a treaty cannot local bank, and the accused to comply with the writ of execution
totally be deprived of the benefit on the sole ground of failure to issued in the civil case for damages and to release the dollar
file the tax treaty relief application before the transaction as deposit of the accused to satisfy the judgment.
required under RMO No. 1-2000. A state that has contracted valid
international obligations is bound to make in its legislations those
modifications that may be necessary to ensure the fulfilment of the
obligations undertaken. Thus, laws and issuances must ensure that
the reliefs granted under tax treaties are accorded to the parties X. Presumption Against Absurdity
entitled thereto. The BIR must not impose additional requirements
that would negate the availment of the reliefs provided for under An interpretation that causes inconvenience and absurdity is not
international agreements. More so, when the RP-Germany Tax favored.
Treaty does not provide for any pre-requisite for the availment of
the benefits under said agreement. The primary basis of this presumption is the Golden Rule which allows
a departure from the literal interpretation if it would result to injustice
or lead to absurdity.
IX. Presumption Against Injustice

A. When is there absurdity?
Art. 10. Civil Code.
There is absurdity when the literal interpretation:
In case of doubt in the interpretation or application of laws, it is
1. Causes unnecessary inconvenience;

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being brought to bear upon the employee and absent any other
2. Requires the doing of something that is impossible; circumstances vitiating his consent, or where it satisfactorily
appears that the employer and employee dealt with each other on
more or less equal terms with no moral dominance whatever being
exercised by the former over the latter. Unless, thus, limited in its
3. Creates internal inconsistency or incompatibility within a purview, the law would be made to apply to purposes other than
statute or a particular provision thereof, or creates repugnancy those explicitly stated by its framers; it thus becomes pointless and
to what the statute or the particular provision provides for; arbitrary, unjust in its effects and apt to lead to absurd and
unintended consequences.
4. Makes the law illogical, incoherent or incompatible with the

legislative intent or intent of the framers of the constitution.
i. The literal interpretation requires the doing of something

that is impossible
iii. The literal interpretation makes the law illogical, incoherent

This is based on the maxim Lex non cogit ad impossibilia or incompatible with the legislative intent or intent of the
which means that the law does not require the impossible. framers of the Constitution.
Gamboa v. Teves:
ii. The literal interpretation creates internal inconsistency or The term “capital” in Section 11, Article XII of the Constitution was
incompatibility within a statute or the particular provision, interpreted as referring only to shares of stock entitled to vote in
or creates repugnancy to what the statute or the particular the election of directors (common shares only), and not to the total
provision provides for outstanding capital stock comprising both common and non-voting
preferred shares; the Court did not construe the term “capital”
broadly in order to avoid the glaring anomaly (absurdity) that might
Brent School v. Zamora: be created by giving such term a broad definition.
The entire purpose behind the development of legislation
culminating in Article 289 of the Labor Code clearly appears to
prevent circumvention of the employee’s right to be secure in his
tenure. It should have no application to instances where a fixed
period of employment was agreed upon knowingly and voluntarily Privatization and Management Office v. Strategic Development
by the parties, without any force, duress or improper pressure and/or Philippine Estate Corporation (2013):

lOMoARcPSD|31878472
The Philippine National Construction Corporation (PNCC)’s debts to

various government financial institutions was transferred to the XI. Presumption Against Ineffectiveness
National Government (NG), through the Committee of
Privatization/Asset Privatization Trust (APT) and the Bureau of An interpretation that would make the law effective by achieving its
Treasury. As a result, the APT slated the privatization of PNCC for intended purpose should be favoured. The language of the law must
maximum cash generation, and announced a public bidding of the be construed in light of the intended purpose of the statute since the
NG’s stocks, receivables, and securities in the PNCC. Dong-A primary rule of construction is to ascertain and give effect to the
Consortium, of which respondent is a part, signified its intention to intent.
bid.
APT declared that respondent, among others, qualified as bidders.

It also announced that the indicative price of PNCC properties was XII. Presumption Against Undesirable Consequences
Php 7Billion, which shocked the bidders. The bidders, nevertheless,
pushed through with the bidding, with Dong-A Consortium having There exists a valid presumption that undesirable consequences were
the highest bid of Php1.22Billion, which was rejected by APT due to
never intended by a legislative measure and that a construction of
not meeting the indicative price. Respondent filed a Complaint for
which the statute is fairly susceptible is favored, which will avoid all
Declaration of Right to a Notice of Award and/or Damages against
PMO (who replaced APT by virtue of PD 323) and PNCC. The RTC objectionable, mischievous, indefensible, wrongful, evil, and injurious
ruled that PMO committed GAOD by refusing to explain the basis consequences.
for the indicative price, thus violating the public’s right to
information and the State’s policy of full transparency. The CA
affirmed the RTC’s Decision.
XIII. Presumption Against Implied Repeal
Held: The people’s right to information does not warrant the award
of the bid to Dong-A Consortium. The court does not condone the
incongruous interpretation of the courts a quo that the public’s right
to information merits both an explanation of the indicative price A. Repeal
and an automatic award of the bid to Dong-A. this absurdity is not
favored. Repeal
- abrogation of an existing law by the passage of a later law

that revokes the former. It can either be express or
implied.
B. Absurdity in Procedural Laws
Express repeal
Procedural laws of mandatory in character in terms of compliance
may be relaxed if the strict adherence thereto would result to - happens when there is a provision in the later law that
absurdity and manifest injustice. specifically indicates the prior law that it seeks to repeal.
The later law must identify either the title or number of the

lOMoARcPSD|31878472
prior law. *It can be usually found in the repealing clause

of the later law.
2. The second occurs when the later act covers the whole subject
Implied repeal of the earlier one and is clearly intended as a substitute; thus,
it will operate to repeal the earlier law.
- arises when the later law is irreconcilably inconsistent and
repugnant with the prior law and their harmonization is not
possible.
C. Repeal v. Amendment
Repeal
B. Repeal by Implications is Not Favored
- complete abrogation by the enactment of a subsequent
General rule: repeals by implications are not favored. The statute.
presumption is against inconsistency and repugnancy for the
Amendment
legislature is presumed to know the existing laws on the subject and
not to have enacted inconsistent or conflicting statutes.
- an alteration in the law already existing, leaving some part
of the original still standing.
Art. 7, Civil Code.
Laws are repealed only by subsequent ones, and their violation or

non-observance shall not be excused by disuse, or custom or D. Examples of Repeals
practice to the contrary.
Express repeal
The Article speaks of an express repeal. The wise policy is for the - happens when there is a provision in the later law that
judge to harmonize them if this is possible, bearing in mind that they specifically indicates the prior law that it seeks to repeal.
are equally the handiwork of the same legislature, and so give effect The later law must identify either the title or number of the
to both while at the same time also according due respect to a prior law. *It can be usually found in the repealing clause
coordinate department of the government. of the later law.
Two accepted instances of implied repeal: General repealing clause
1. Takes place when the provisions in the two acts on the same - a clause which predicates the intended repeal under the
subject matter are irreconcilably contradictory, in which case, condition that a substantial conflict must be found in
the later act, to the extent of the conflict, constitutes an existing and prior acts.
implied repeal of the earlier one.

lOMoARcPSD|31878472
If no GAC present, then it indicates that the intent was not to repeal
any existing law, unless an irreconcilable inconsistency and had a motorcade around the town. The motorcade included various
repugnancy exist in the terms of the new and old laws. If it falls in the vehicles laden with posters that showed the names of their
latter situation, then it is an implied repeal. candidates and the positions they sought. One of the trucks had a
public speaker that announced Penera’s candidacy for mayor.
COMELEC ruled in Penera’s disqualification case, stating that these
acts constitute election campaign before the start of the campaign
E. Desuetude period. Penera argued that she was not yet a candidate at the time
of the incident under Sec. 15 of RA No. 8436 as amended by
A statute is not repeal by non-use. Article 7 of the Civil Code states Section 13 of RA No. 9369.
that laws are repealed only by subsequent ones, and their violation or
Held: The law still did not consider Penera a candidate for purposes
non-observance shall not be excused by disuse or custom or practice
other than printing of ballots. Congress has laid down the law --- a
to the contrary.
candidate is liable for election offenses only upon the start of the
campaign period. The Court has no power to ignore the clear and
Executive Secretary v. Forerunner Multi Resources, Inc (2013): express mandate of the law that “any person who files his CoC
within the filing period shall only be considered a candidate at the
PGMA issued EO No. 156 (2002) which imposes a partial ban on the start of the campaign period for which he filed his certificate of
importation of used motor vehicles. Forerunner Multi Resources, candidacy. The law also states that any unlawful act or omission
Inc. attacked the validity EO No. 156 for having been superseded applicable to a candidate shall take effect only upon the start of the
by EO No. 418 (2005) which modified the tariff rates of imported campaign period.
used motor vehicles.
Held: No, EO No. 418 did not repeal EO No. 156. The subsequent
issuance of EO No. 418 increasing the import duties on used motor
vehicles did not alter the policy of the executive department to
prohibit the importation of said vehicle. The failure to add a specific Lledo v. Lledo (2010):
repealing clause indicates that the intent was not to repeal prev.
Carmelita Lledo filed an administrative case against her husband,
administration issuances. EO 156 is very explicit in its prohibition on
Atty. Cesar V. Lledo charging him with immorality, abandonment,
the importation of used motor vehicles. On the other hand, EO No.
and conduct unbecoming of a public official. The Court dismissed
418 merely modifies the tariff and nomenclature rates of import
him from the service and forfeited all retirement benefits and leave
duty on used motor vehicles. Nothing therein expressly revokes the
credits.
importation ban.
Cesar Jr. asked the Court for retroactive application of the Court’s
ruling subsequent to his father’s dismissal, wherein the Court ruled
that despite being dismissed from the service, government
employees are entitled to the monetary equivalent of their leave
Penera v. COMELEC (2009): credits since these were earned prior to dismissal.
Before proceeding to file her Certificate of Candidacy (CoC), Penera GSIS Board said that Cesar is not entitled to the refund since an

lOMoARcPSD|31878472
employee/member who had been dismissed from service with

forfeiture of retirement benefits cannot recover the retirement
premiums he has paid unless the dismissal provides otherwise.
Held: The court granted Atty. Lledo’s son’s petition and directed XIV. Presumption against Retrospective Operation of Laws
GSIS to return to Atty. Lledo his own premiums and voluntary
deposits, if any, plus interest of three percent per annum, General rule: laws shall have prospective effect.
compounded monthly.
The court re-examined the laws governing the GSIS. Section 11(d)
of Commonwealth Act No. 186, as amended reads:
(d) Upon dismissal for cause or on voluntary separation, he shall be

entitled only to his own premiums and voluntary deposits, if any,
plus interest of three per centum per annum, compounded
monthly.
Two laws were passed amending Commonwealth Act No. 186.

These are PD 1146 and RA 8291.The repealing clause of P.D. No.
1146 reads: Section 48 Repealing Clause. All laws or parts of law
specifically inconsistent herewith shall be considered amended or
repealed accordingly.
On the other hand R.A. No. 8291’s repealing clause states:
SEC. 3. Repealing Clause. All laws and any other law or parts of law
specifically inconsistent therewith are hereby repealed or modified
accordingly: Provided, That the rights under existing laws, rules
and regulations vested upon or acquired by an employee who is
already in the service as of the effectivity of this Act shall remain in
force and effect: Provided, further, That subsequent to the CHAPTER VI:
effectivity of this Act, a new employee or an employee who has
previously retired or separated and is reemployed in the service
shall be covered by the provisions of this Act.
Following the decision in Mecano vs. COA, the court classified the
two clauses as implied repeals and ruled that none of the said laws
substituted the provision of Section 11 (d) of the Commonwealth
Act No. 186. Therefore, the said act should apply to the instant
case.

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Studocu is not sponsored or endorsed by any college or university

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8. Third Reading - must be the enrolled bill

- roll call or nominal voting is held Three ways:

- no amendments allowed 1. If the President signs the bill.

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2. It must be within the scope of the authority given by the

a. Congress, acting as a bicameral body, and 4. It must be reasonable.

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Control is the power of an officer to alter or modify or nullify or set

The following powers are relevant to statutory construction:

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VII. JUDICIAL DEPARTMENT

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In the exercise of the Court’s judicial power, they either apply or

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Two landmark cases decided by the SC wherein the principle was

XI. First Landmark Case: In Re: Valenzuela and Vallarta and

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XII. Second Landmark Case: Philconsa v. Enriquez, LAMP v.

The Philconsa resolution was a limited response to a separation of

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- art or process of discovering and expounding the

- Mainly concerned with the meaning of the language

One is construing when the purpose is to know the meaning of the

II. Construction and Interpretation Can be Used

The common denominators between these two concepts are:

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Ambiguity Judicial decisions applying or interpreting the laws or the

 art or process of discovering and expounding the meaning and

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Understanding the classification of a specific law will help in

General Laws Special Laws

 According to whether a right is created or a procedure of the

Creates a right, and imposes an Provides for the mechanisms or

General or Abstract Sense Specific or Material Sense

The science of moral rules A rule of conduct, just

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Affects the society as a whole. Affects an individual, a family, or

NOTE: A particular law may be classified as general, substantive,

Mandatory Law Prohibitory Law Directory Law

Prospective Law Retroactive Law

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NOTE: Contracts are not subjects of statutory and constitutional

A. Definition and Purpose

NOTE: a constitutional provision is a higher form of statutory law,

Held: Unconstitutional. The President, Congress, and the Court

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 Statute Congress of the PH after the

Nomenclature/Abbreviation/ Legislature/ Competent Batas Pambansa (BP) Batasang Pambansa (1978-

Established by virtue 1973

After 1907 – PH Commission Executive Order (EO) President Corazon C. Aquino

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