CHAPTER I STATUTORY

CONSTRUCTION, ITS CONCEPT,

PURPOSE AND EFFECT

Three CARDINAL RULES when

wordings of the CONSTITUTION
subject to interpretation:

the
are

Statutory Construction the act or

process of discovering and expounding
the meaning and intention of the
authors of the law.

1. VERBA LEGIS Words used in the

Constitution must be given their
ORDINARY MEANING, except when
technical terms are employed.

Construction vs. Interpretation

2. RATIO LEGIS ET ANIMA Words in the

Constitution should be interpreted in
ACCORDANCE WITH THE INTENT OF
ITS FRAMERS.

Construction uses EXTRINSIC AIDS

Interpretation uses INTRINSIC AIDS

When NECESSARY
construct?

to

interpret

3. UT MAGIS VALEAT QUAM PEREAT

Constitution must be interpreted as a
WHOLE.

and

1. When the language of the statute

is AMBIGUOUS, DOUBTFUL, or
OBSCURE;

Who interprets the law? Anyone can

interpret the law, however, it is not
necessarily conclusive nor can they bind
the courts. The JUDICIARY has the
delicate task of ascertaining the
significance of a constitutional or
statutory provision, an executive order,
a procedural or a municipal ordinance.

THE
PRESENT
STRUCTURE
OF
GOVERNMENT AND HOW THIS AFFECTS
INTERPRETATION AND CONSTRUCTION
OF STATUTES.

2. When
REASONABLE
MINDS
DISAGREE AS TO THE MEANING.

When NOT NECESSARY to interpret and

construct?
When the law speaks in clear and
categorical language, APPLY THE
LAW, DO NOT INTERPRET.

AMBIGUITY doubtfulness, doubleness

of
meaning,
indistinctness
or
uncertainty of meaning of an expression
used in a written instrument. When a
literal interpretation would result to
unreasonable,
unjust
or
absurd
consequences, or where a statute is in
conflict with the Constitution.
Most basic rules to remember:
First. Law speaks in clear and
categorical language APPLY THE
LAW
Second. When there is ambiguity in
the
language
of
the
statute,
ascertain legislative intent, use
intrinsic aids INTERPRET THE LAW
Third. When the intent cannot be
ascertained using intrinsic aids,
resort to extrinsic aids - CONTRUCT
THE LAW

1. LEGISLATIVE POWER make laws

and to alter or repeal them.
a) ORIGINAL legislative power
power
BELONGING
to
the
sovereign people and this is
SUPREME.
b) DERIVATIVE legislative power
DELEGATED by the sovereign
people to the legislative bodied
and it is SUBORDINATE to the
original power of the people.
2. JUDICIAL POWER
a) Traditional authority to settle
justiciable
controversies
or
disputes involving rights that are
enforceable
and
demandable
before the courts of justice or the
redress of wrongs for the violation
of such rights.
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b) New definition to determine

whether or not here has been a
grave
abuse
of
discretion
amounting to lack or excess of
jurisdiction on any part of any
branch or instrumentality of the
Government.

3. EXECUTIVE DEPARTMENT the

PRESIDENT OF THE PHILIPPINES shall
have control
of
all
executive
departments, bureaus and offices.
EXECUTIVE POWER power to
ENFORCE AND ADMINISTER the
laws.

RULES in the exercise of Judicial

Power:

RESIDUAL POWERS power borne

by the Presidents duty to
preserve
and
defend
the
Constitution.

1. When the law is clear APPLY;

do not interpret;
2. In case of doubt, it is
presumed that the lawmaking
body intended right and
justice to prevail;

The Executive IS NOT REQUIRED

to determine the validity of the
law. This is to be resolved by the
Judiciary. The President has the
duty to execute it regardless of
his doubts on its validity.

3. Court
should
interpret
according to the meaning the
legislature intended to give it;
4. If there are two possible
interpretations; that which will
achieve the ends DESIRED BY
CONGRESS should be adopted;

First. The laws emanate from the

legislature.
Second. The executive department
may modify or set aside the
judgment of the court.

5. Laws of pleadings, practice

and procedures are liberally
construed in order to promote
their object and to assist the
parties in obtaining just,
speedy
and
inexpensive
determination of every action
and proceeding;
6. A judge cannot decline to
render judgment by reason of
the
silence, obscurity
or
insufficiency of the laws. A
judge must be guided by the
following:

Third. The legislative department

may amend or revoke the decisions
of the court.
CHAPTER II AIDS IN INTERPRETATION
AND CONSTRUCTION

Second. EXTRINSIC AIDS facts or

matters not found in the law.

b) COURT DECISIONS; similar

cases;

Third. PRESUMPTION based on logic

or established provision of law.

c) LEGAL OPINIONS; qualified

writers and professors;
OF

e) RULES
OF
STATUTORY
CONSTRUCTION.

In determining the intention of the

legislature, the courts may use any of
the following:
First. INTRINSIC AIDS found in the
law itself.

a) CUSTOMS; not contrary to

law, public order or policy;

d) GENERAL PRINCIPLES
EQUITY AND JUSTICE;

PRINCIPLE OF CHECK AND BALANCE:

What are INTRINSIC AIDS?

1. TITLE expresses the subject matter
of the law.
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2. PREAMBLE reasons or objectives of

the enactment.

6. LEGISLATIVE CONSTRUCTION given

great weight but it cannot control as
against the courts prerogative to
decide on what is the right or wrong
interpretation.

3. WORDS, PHRASES AND SENTENCES,

CONTEXT taken from the general
consideration of the act as a WHOLE.

7. JUDICIAL CONSTRUCTION it should

be followed only if it is reasonable, in
harmony with justice and public
policy and consistent with the local
law.

4. PUNCTUATION aid of low degree

and can never control against the
intelligible meaning of the written
word.
5. HEADINGS and MARGINAL NOTES
6. LEGISLATIVE
DEFINITION
INTERPRETATION

8. CONSTRUCTION BY THE BAR AND

LEGAL COMMENTATORS
and

EXTRINSIC AIDS

PRESUMPTIONS
CONSTRUCTION

IN

AIDS

OF

1. Presumption of Validity
1. CONTEMPORANEOUS
CIRCUMSTANCES

conditions
existing at the time the law was
enacted.

2. Presumption of Constitutionality
3. Presumption of Good Faith

a) History if the times and conditions

existing at the time the law was
enacted;

4. Presumption Against Injustice

lawmaking body intended right and
justice to prevail

b) Previous state of the law;

5. Presumption Against Inconsistency

c) Evils sought to be remedied or

corrected by the law;

6. Presumption Against Absurdity

7. Presumption Against Ineffectiveness

d) Customs usages of the people.

2. POLICY general policy of the law or
the settled policy of the State may
enlighten the interpreter of the law
as to the intention of the legislature
in enacting the law.

8. Presumption Against Irrepealable

Laws the need of today and the
situation obtaining now will not most
likely be the same in the years to
come.
9. Presumption Against Implied Repeal

3. LEGISLATIVE
HISTORY
OF
THE
STATUTE found in reports of
legislative
committees,
in
the
transcript of stenographic notes
taken during a hearing, legislative
investigation, or legal debates.
4. CONTEMPORANEOUS
AND
PRACTICAL CONSTRUCTION those
who lived at or near the time when
the law was passed were more
acquainted of the conditions and the
reasons why the law was enacted.
5. EXECUTIVE CONSTRUCTION given
by the executive department.

10.Presumption
Public Policy
11.Presumption
Existing Laws

Against
of

Violation

Knowledge

12.Presumption of Acquiescence
Judicial Construction

of
of
to

13.Presumption of Jurisdiction
14.Presumption of Acting Within the
Scope of Authority
15.Presumption Against
International Law

Violation

of

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c) DIVINE LAW
CHAPTER III LAW, ITS CONCEPT AND
CLASSIFICATION

DIVINE POSITIVE LAW 10

commandments

ii.

DIVINE HUMAN POSITIVE

LAW commandments of
the church

LAW Defined
Broadest sense means any rule of
action or norm of conduct applicable
to all kinds of action and to all
objects of creation.
Strict legal sense a rule of conduct,
just and obligatory, laid down by
legitimate authority for the common
observance and benefit.
1. It is a RULE OF CONDUCT serves
as guidelines of an individual in
relation to his fellowmen and to
his community.

2. POSITIVE LAW
a) PUBLIC LAW
i.

CONSTITUTIONAL LAW
fundamental law of the
land,
defines the powers of
the government.

ii.

ADMINISTRATIVE LAW

2. Laws must be JUST

fixes the organization;

3. It must be OBLIGATORY If laws

are not enforced, the purpose for
which they are intended will not
be served.

determines
competence
of
administrative
authorities;

4. Laws must be PRESCRIBED BY

LEGITIMATE AUTHORITY If laws
are not prescribed by legitimate
authority, the people could not be
expected to observe them.

regulates the method

by which the functions
of the Government are
performed.

5. Laws must be ordained for the

COMMON BENEFIT Salus populi
est suprema lex the welfare of
the people is the supreme law.

i.

CLASSIFICATION OF LAW
1. NATURAL LAW derives its force and
authority from GOD. Superior to
other laws.
a) PHYSICAL LAW universal rule of
action that govern the conduct
and movement of things, which
are non-free and material
b) MORAL LAW what is right and
what is wrong as dictated by
human
conscience
and
as
inspired by the eternal law.

iii.

the
the

INTERNATIONAL LAW
regulates
the
community of nations.

b) PRIVATE LAW
Creates duties,
obligations; and

rights

and

The means and methods of

setting courts in motion for
the ENFORCEMENT of a right
or of a redress of wrong.
i.

SUBSTANTIVE PRIVATE LAW

declare legal relations of
litigants.

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ii.

PROCEDURAL
OR
ADJECTIVE PRIVATE LAW
means and methods of
setting the court in motion,
making the facts known to
them and effectuating their
judgments.

b) Directory
3. As to PERFORMANCE
a) Permanent
b) Temporary

SOURCES OF LAWS

4. As to SCOPE

1. LEGISLATION

a) General

2. PRECEDENT Stare decisis

b) Special

3. CUSTOMS

c) Local

a) Proven as a fact according to the

rules of evidence;

5. OTHER CLASSIFICATIONS

b) Must not be contrary to law;

a) Prospective/Retroactive

c) Must be a number of uniformly

performed repeated acts;

b) Repealing/Amendatory

d) Must be judicial intention to make

a rule of social conduct;
e) Must be acknowledged
approved by society.

c) Reference/Declaratory

and

IDENTIFICATION OF STATUTES depends

on the respective authorities that
enacted them.
1. PUBLIC ACTS 1901 to 1935

4. COURT DECISION evidence of the

meaning and interpretation of the
laws.

2. COMMONWEALTH ACTS 1936 to

1946
3. REPUBLIC ACTS 1942 to 1972

STATUTES those enacted by the

legislature. Bills submitted to Congress
for consideration and approval. Once
approved by the Congress and by the
President, these bills become STATUTES.

4. BATAS PAMBANSA or BP approved

by the BatasangPambansa
5. PRESIDENTIAL DECREES or PD
issued by President Ferdinand Marcos
during the martial law.

KINDS OF STATUTES
1. As to NATURE
a) Penal statutes
b) Remedial statutes
c) Substantive statutes
d) Labor statutes
e) Tax statutes
2. As to APPLICATION
a) Mandatory

PARTS OF STATUTES
1. TITLE gives a general statement of,
and calls attention to, the subject
matter of an act.
A bill can only embrace ONE
SUBJECT MATTER
To avoid HODGE-PODGE or
LOG ROLLING legislation if
hodge-podge,
should
be
declared void by the courts
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 To prevent SURPRISE OR
FRAUD upon the legislature
To FAIRLY APPRISE the people
of the subjects of legislation
being considered so that they
may have the opportunity of
being heard thereon, if they
shall so desire.

Ordinances (Local Government)

effectivity is after the lapse of 10
days from the date a copy is
posted in a bulletin board located
in a conspicuous place.

Laws relating to FAMILY RIGHTS

binding
upon
citizen
of
the
Philippines, even though living
abroad.

2. PREAMBLE states the REASONS or

the OBJECTS of the enactment.
3. ENACTING CLAUSE indicates the
authority that promulgated the
enactment; NOT ESSENTIAL to the
validity of the law; only gives it
dignity

REAL PROPERTY subject to the

where it is located.
INTESTATE
and
TESTAMENTARY
PROVISIONS subject to the national
law of the person whose succession
is under consideration.

4. BODY contains the subject matter

of the statute

Matter
respecting
REMEDIES
(bringing of suits, admissibility of
evidence, statute of limitations)
depend upon the law of the PLACE
WHERE THE SUIT IS BROUGHT.

5. EXCEPTIONS
AND
PROVISOS

restraint upon or as a qualification of,

the generality of the language which
it follows.
6. INTERPRETATIVE,
REPEALING,
SEPARABILITY AND SAVING CLAUSES
Interpretative legislature defines
its own language
Repealing to terminate or
revoke another statute or statutes
Saving restricts a repealing act
and preserves existing powers,
rights and pending proceedings
from the effects of the repeal
Separability any section or
provision of the statute is held to
be unconstitutional or invoked,
the other section or provision of
the law shall not be affected
thereby.
7. DATES OF EFFECTIVITY
Shall be published
effectivity, applies
except
to
regulations and to
internal in nature.

first to take
to all laws
interpretative
those merely

Who are subject to Philippine Laws?

CHAPTER IV VALIDITY AND

CONSTITUTIONALITY OF STATUTES

REQUISITES OF JUDICIAL INQUIRY:

1. There must be an ACTUAL CASE or
CONTROVERSY not hypothetical or
one that is moot or academic.
2. Must be raised by the PROPER PARTY
one who has sustained or is in
danger of sustaining an injury as a
result of the act complained.
3. Must be raised at the EARLIEST
OPPORTUNITY
CRIMINAL CASES at any time in
the discretion of the court
CIVIL CASES at any stage if it is
necessary to the determination of
the case itself.
IN EVERY CASE, except where
there is estoppel at any stage if
it involves jurisdiction of the
court.
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4. Must be NECESSARY TO THE

DETERMINATION OF THE CASE
when there are no other available
grounds which it can base its
decision.

EFFECT
STATUTE

OF

1. Legislature is willing to retain the

valid portion even if the rest is
declared illegal (can be manifested in
the SEPARABILITY CLAUSE);
2. That the valid portions can stand
independently as a separate statute
(must express the LEGISLATIVE WILL
independently of the void part).

UNCONSTITUTIONAL

If TOTALLY declared unconstitutional:

FIRST VIEW an unconstitutional
act is not a law; it confers no
rights; it imposes no duties; it
affords no protection; it creates
no office; it is inoperative as
though it has never been passed.
SECOND
VIEW

an
unconstitutional
statute
is
nevertheless a statute; that is, a
legislative act. The SC simply
ignores
statutes
deemed
unconstitutional
If
PARTIALLY
unconstitutional:

EFFECT OF A STATUTE WHICH

DECLARED UNCONSTITUTIONAL

IS

Courts have the duty to RECONCILE or

HARMONIZE the different provisions of
the statute including the conflicting
provisions thereof. Each provision in a
statute is inserted for a definite reason.

As a rule, the statute of a LATER DATE

PREVAILS. latest expression of the
legislative intent.

SPECIAL
PROVISION
PREVAIL
over
general provisions, however, if it is
possible to harmonize the general and
special provision, said rule shall not
apply.

ORTHODOX
VIEW

an
unconstitutional
act,
whether
legislative or executive, is not a law,
confers no rights, imposes no duties
and affords no protection. (APPLIED
IN THE PHILIPPINES)
o

EXCEPTIONS:
1. The GENERAL LAW PREVAILS when it
TREATS THE SUBJECT IN PARTICULAR
and the special law refers to it in
general;

Exception is the OPERATIVE

FACT when the law is
declared unconstitutional, the
effects prior to its declaration
is left undisturbed as a matter
of equity or fair play.

SECOND the SC simply ignores

statutes deemed unconstitutional.
REQUISITE
FOR
DECLARATION
PARTIAL UNCONSTITUTIONALITY

OF

Legislative intent must be ascertained

from the statute as a WHOLE
Optima
statuliinterpretatixestipsumstatum
the best interpreter of the statute is
the statute itself.

declared

The valid portion, if separable

(can stand independently as a
separate statute) from the invalid,
may stand and be enforced.

CHAPTER V GENERAL PRINCIPLES IN

THE CONSTRUCTION OF STATUTES

2. The GENERAL LAW PREVAILS when

the legislature intended the general
enactment to cover the whole
subject and to repeal all prior laws
inconsistent therewith.

PARI MATERIA RULE all statutes

relating to the same subject, or having
the same general purpose, should be
read and construed together as if they
constituted one law.
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 QUALIFICATIONS:
1. If statutes on the same subject
were enacted at different times
and under different conditions
and
circumstances,
their
interpretation
should
be
in
accordance
with
the
circumstances
or
conditions
peculiar
to
each
(Distingue
tempra et concordabisjura).
2. A statute will not be construed as
repealing prior act or acts on the
same subject unless the new law
is evidently intended to all prior
laws of the matter.

ii.

3. In case of doubt, the doubt will be

resolved
against
implied
amendment or repeal and in favor
of harmonization of all laws on
the subject.

In interpreting REENACTED STATUTES,

the court will follow the construction
which such statute received when
PREVIOUSLY IN FORCE.

iii.

In the case of ADOPTED STATUTE, the

interpretation of the courts of the state
from which it is adopted should be
considered.

In case of CONFLICT BETWEEN A

COMMON LAW
PRINCIPLE and a
STATUTORY PROVISION, the LATTER
PREVAILS.

IMPLIED REPEALS are not legally

presumed in the absence of a clear and
unmistakable
showing
of
such
intentions.

CHAPTER VI RULES OF
CONSTRUCTION OF SPECIFIC STATUTES

As to NATURE:
i.

iv.

Impose PUNISHMENT for

offense against the State;

an

COMMANDS
OR
PROHIBITS
certain
acts
and
establish
penalties for their violation;

Interpreted AGAINST THE STATE

andLIBERALLY IN FAVOR OF THE
ACCUSED;

Words
cannot
be
enlarged
beyond the ordinary meaning of
its terms.

REMEDIAL Statutes
o

Designed
to
CORRECT
and
existing
law,
REDRESS
an
existing
grievance,
or
INTRODUCE
regulations
conducive to the public good.

LIBERALLY CONSTRUED because

it was enacted to improve the
law

SUBSTANTIVE Statutes
o

Laws which ESTABLISH RIGHTS

AND DUTIES;

What the law grants, the court

cannot deny;

Judges duty is to APPLY THE LAW

if it is clear and there is no doubt;

In case of doubt, the judge

should
presume
that
the
LAWMAKING BODY INTENDED
RIGHT AND JUSTICE TO PREVAIL.

He must not read in any way of

creation. He must not read out
except to avoid patent nonsense
of internal contradictions.

LABOR Statutes
o

Govern
the
RIGHT
AND
OBLIGATIONS OF EMPLOYERS
AND EMPLOYEES, providing the
rules on which it may be
ENFORCED.

PENAL Statutes
atgPage8 of 10

v.

Art. IV of New Labor Code All

doubt in the implementation and
interpretation of the provisions of
this
code,
including
its
implementing
rules
and
regulations, shall be resolved IN
FAVOR OF LABOR.

TEST in DETERMINING if MANDATORY

or DIRECTORY in nature:
1. TERMINOLOGY Mandatory uses
shall/must;
directory
uses
may/it is lawful
2. MATERIALITY of the provisions
Provision which affect substantial
rights, are the very essence of
the thing to be done, are
mandatory; provisions which do
not affect substantial rights, do
not relate to the essence of the
thing to be done, compliance is
for convenience rather than
substance are directory.

TAX Statutes
o

Seeks to impose burden upon

persons and property;

Interpreted strictly against the

taxing power and liberally in
favor of the taxpayer.

Rules of construction applying to

tax laws:

3. CONSEQUENCES a failure of
performance will result to the
injury or prejudice to the
substantial rights of interested
persons are mandatory; if not,
directory.

1. Real purpose of the legislature

will prevail over the literal
import of the words used;

4. PENALTY Penalty for failure to

observe it, mandatory; otherwise,
it is directory.

2. The spirit, rather than the

letter of an ordinance;
3. History of the statute should
be considered;

4. TAX
EXEMPTIONS
are
construed
strictly
against
taxpayers and in favor of the
taxing power.

As to PERFORMANCE:
i.

As to APPLICATION:
i.

ii.

MANDATORY
o

Contains words of COMMAND or

PROHIBITION;

Non-compliance
renders the
proceedings to which it relates
ILLEGAL and VOID;

DIRECTORY
o

Those which are permissible or

discretionary;

No injury can result from ignoring

it.

ii.

PERMANENT
o

Not limited to a particular period

of time;

Continues to be in force until it is

duly altered or repealed.

TEMPORARY
o

Life or duration is fixed for a

specified period of time

As to SCOPE
i.

GENERAL
o

Relates to persons, entity, or

things as a class or operates
equally or alike upon all of a
class, omitting
no persons,
entity, or thing belonging to a
class.
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ii.

o
iii.

PLAIN AND POSITIVE, and its

meaning should not be left to
doubt.

SPECIAL
Relates to particular persons,
entities, or things of a class.

vi.

LOCAL
o

Its operation is confined within

territorial limits other than that of
a whole state.

vii.

OTHER STATUTES
i.

ii.

STATUTES
RIGHTS

Strictly construed and rigidly

confined to cases clearly within
their scope of purpose

viii.

STATUTES GRANTING PRIVILEGES

One who invokes a special
privilege granted by a statute
must COMPLY STRICTLY WITH ITS
PROVISIONS

NATURALIZATION LAWS

v.

OF

Such as price control laws.

iv.

DEROGATION

iii.

IN

The right of an alien to become a

citizen by naturalization is merely
a STATUTORY RIGHT
STRICTLY AGAINST APPLICANT

STATUTES IMPOSING
CUSTOMS DUTIES

TAXES

AND

STATUTES PRESCRIBING LIMITATIONS

ON THE TAXING POWER OF LOCAL
GOVERNMENT UNITS
Strictly
against
NATIONAL
GOVERNMENT, and liberally in
favor of LGU.

STATUTE IMPOSING PENALTIES FOR

NON-PAYMENT OF TAX
o

Liberally
in
favor
of
GOVERNMENT, strictly against
taxpayer.

To facilitate
taxes.

the

collection

of

ELECTION LAWS
o

Construed liberally

To give effect to the expressed

will of the electorate

ix.

ADOPTION STATUTES

x.

AMNESTY PROCLAMATION

xi.

VETERAN AND PENSION LAWS

xii.

GENERAL WELFARE LEGISLATION

xiii.

PROBATION LAW

xiv.

LAWS ON ATTACHMENT

xv.

RULES OF COURT

Imposes burdens to the public

xvi.

STATUTES
PRESCRIBING
QUALIFICATIONS FOR AN OFFICE

Strictly against taxing power;

liberally in favor of taxpayer.

xvii.

ELECTION LAWS ON QUALIFICATION

AND DISQUALIFICATION

STATUTE
AUTHORIZING
AGAINST THE GOVERNMENT

SUITS

STRICTLY CONSTRUED

The statute conferring the right

to maintain the action MUST BE
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