Agpalo Notes
Agpalo Notes
Agpalo Notes
IN GENERAL
Generally
Whether a statute is to be given a strict or liberal construction will depend upon the following:
The nature of the statute
The purpose to be subserved, the mischief to be remedied
Purpose: to give the statute the interpretation that will best accomplish the end desired and effectuate
legislative intent
Strict construction, generally
Construction according to the letter of the statute, which recognizes nothing that is not expressed, takes the
language used in its exact meaning, and admits no equitable consideration
It simply means that the scope of the statute shall not be extended or enlarged by implication, intendment, or
equitable consideration beyond the literal meaning of its terms
Equitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry out its
intent, or promote justice
Not to mean enlargement of a provision which is clear, unambiguous and free from doubt
It simply means that the words should receive a fair and reasonable interpretation, so as to attain the intent,
spirit and purpose of the law
Liberal construction applied, generally
Where a statute is ambiguous, the literal meaning of the words used may be rejected if the result of adopting
said meaning would be to defeat the purpose of the law
Ut res magis valeat quam pereat that construction is to be sought which gives effect to the whole of the
statute its every word
A statute may not be liberally construed to read into it something which its clear and plain language rejects
Social justice must be taken into account in the interpretation and application of laws
Social justice mandate is addressed or meant for the three departments: the legislative, executive, and the
judicial
Social justice (included in the Constitution) was meant to be a vital, articulate, compelling principle of public
policy
It should be observed in the interpretation not only of future legislations, but also of laws already existing on
November 15, 1935.
It was intended to change the spirit of our laws, present and future.
Construction taking into consideration general welfare or growth civilization
Salus populi est suprema lex the voice of the people is the supreme law
Statuta pro publico commodo late interpretantur statutes enacted for the public good are to be construed
liberally
The reason of the law is the life of the law; the reason lies in the soil of the common welfare
The judge must go out in the open spaces of actuality and dig down deep into his common soil, if not, he
becomes subservient to formalism Construe in the light of the growth of civilization and varying conditions
The interpretation that if the man is too long for the bed, his head should be chopped off rather than
enlarge the old bed or purchase a new one should NOT be given to statutes
STATUTES STRICTLY CONSTRUED
Penal statutes, generally
Penal statutes are those that define crimes, treat of their nature and provide for their punishment
o Acts of legislature which prohibit certain acts
and establish penalties for their violation
Those which impose punishment for an offense committed against the state, and which the chief executive has
the power to pardon
A statute which decrees the forfeiture in favor of the state of unexplained wealth acquired by a public official
while in office is criminal in nature
Penal statutes are strictly construed against the State and liberally construed in favor of the accused
o Penal statutes cannot be enlarged or extended
by intendment, implication, or any equitable consideration
o No person should be brought within its terms if he is not clearly made so by the statute
o No act should be pronounces criminal which is not clearly made so
Peo v. Atop
Sec. 11 of RA 7659, which amended Art. 335 of the RPC, provides that the death penalty for rape may be
imposed if the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within
rd
the 3 civil degree, or the common-law spouse of the parent of the victim
Is the common-law husband of the girls grandmother included?
No! Courts must not bring cases within the provisions of the law which are not clearly embraced by it.
o No act can be pronounced criminal which is
not clearly within the terms of a statute can be brought within them.
o Any reasonable doubt must be resolved in favor of the accused
Strict construction but not as to nullify or destroy the obvious purpose of the legislature
o If penal statute is vague, it must be construed with such strictness as to carefully SAFEGUARD the
RIGHTS of the defendant and at the same time preserve the obvious intention of the legislature
o Courts must endeavor to effect substantial justice
The object is to establish a certain rule by conformity to which mankind would be safe, and the discretion of
the court limited
Purpose of strict construction is NOT to enable a guilty person to escape punishment through technicality but to
provide a precise definition of forbidden acts
Acts mala in se and mala prohibita
General rule: to constitute a crime, evil intent must combine with an act
Actus non facit reum nisi mens sit rea the act itself does not make a man guilty unless his intention were so
Actus me invite factus non est meus actus an act done by me against my will is not my act
Mala in se
Criminal intent, apart from
the act itself is required
RPC
Mala prohibita
The only inquiry is, has the
law been violated
Special penal laws
However, if special penal laws use such words as willfully, voluntarily, and knowingly intent must be proved;
thus good faith or bad faith is essential before conviction
Application of rule
Peo v. Yadao
A statute which penalizes a person assisting a claimant in connection with the latters claim for veterans
benefit, does not penalize one who OFFERS to assist
Suy v. People
Where a statute penalizes a store owner who sells commodities beyond the retail ceiling price fixed by law, the
ambiguity in the EO classifying the same commodity into 2 classes and fixing different ceiling prices for each
class, should be resolved in favor of the accused
Peo v. Terreda
Limitation #1 Where a penal statute is capable of 2 interpretations, one which will operate to exempt an
accused from liability for violation thereof and another which will give effect to the manifest intent of the statute
and promote its object, the latter interpretation should be adopted
US v. Go Chico
A law punishes the display of flags used during the insurrection against the US may not be so construed as to
exempt from criminal liability a person who displays a replica of said flag because said replica is not the one
used during the rebellion, for to so construe it is to nullify the statute together
Go Chico is liable though flags displayed were just replica of the flags used during insurrection against US
Limitation #2 strict construction of penal laws applies only where the law is ambiguous and there is doubt as to
its meaning
Rights are not absolute, and the state, in the exercise of police power, may enact legislations curtailing or
restricting their enjoyment
As these statutes are in derogation of common or general rights, they are generally strictly construed and rigidly
confined to cases clearly within their scope and purpose
Examples:
Statutes authorizing the expropriation of private land or property
Allowing the taking of deposition
When 2 reasonably possible constructions, one which would diminish or restrict fundamental right of the people
and the other if which would not do so, the latter construction must be adopted so as to allow full enjoyment of
such fundamental right
Statutes authorizing expropriations
Statutes expropriating or authorizing the expropriation of property are strictly construed against the
expropriating authority and liberally in favor of property owners
Statutes granting privileges
Statutes granting advantages to private persons or entities have in many instances created special privileges or
monopolies for the grantees and have thus been viewed with suspicion and strictly construed
Privilegia recipient largam interpretationem voluntati consonam concedentis privileges are to be interpreted in
accordance with the will of him who grants them
And he who fails to strictly comply with the will of the grantor loses such privileges
Butuan Sawmill, Inc. v. Bayview Theater, Inc
Where an entity is granted a legislative franchise to operate electric light and power, on condition that it should
start operation within a specified period, its failure to start operation within the period resulted in the forfeiture
of the franchise
Legislative grants to local government units
Grants of power to local government are to be construed strictly, and doubts in the interpretation should be
resolved in favor of the national government and against the political subdivisions concerned
Reason: there is in such a grant a gratuitous donation of public money or property which results in an unfair
advantage to the grantee and for that reason, the grant should be narrowly restricted in favor of the public
Reason: the remedy of removal is a drastic one and penal in nature. Injustice and harm to the public interest
would likely emerge should such laws be not strictly interpreted against the power of suspension or removal
Ochate v. Deling
Grounds for removal neglect of duty, oppression, corruption or other forms of maladministration in office
in office a qualifier of all acts.
Must be in relation to the official as an officer and not as a private person
Hebron v Reyes
Statute: local elective officials are to be removed or suspended, after investigation, by the provincial board,
subject to appeal to the President
President has no authority on his own to conduct the investigation and to suspend such elective official
Naturalization laws
Naturalization laws are strictly construed against the applicant and rigidly followed and enforced
Tax statutes must be construed strictly against the government and liberally in favor of the taxpayer
Reason for strict construction: taxation is a destructive power which interferes with the personal property rights
of the people and takes from them a portion of their property for the support of the government
Statutes granting tax exemptions
Law frowns against exemption from taxation because taxes are the lifeblood of the nation
Laws granting tax exemptions are thus construed strictissimi juris against the taxpayer and liberally in favor of the
taxing authority
Basis for strict construction to minimize the different treatment and foster impartiality, fairness, and equality
of treatment among taxpayers
Tax exemptions are not favored in law, nor are they presumed.
CIR v. CA
Issue: whether containers and packaging materials can be credited against the millers deficiency tax
Held: proviso should be strictly construed to apply only to raw materials and not to containers and packing
materials which are not raw materials; hence, the miller is entitled to tax credit
Restriction in the proviso is limited only to sales, millers excise taxes paid on raw materials used in the milling
process
La Carlota Sugar Central v. Jimenez
Statute: tax provided shall not be collected on foreign exchange used for the payment of fertilizers when
imported by planters or farmers directly or through their cooperatives
The importation of fertilizers by an entity which is neither a planter nor a farmer nor a cooperative of planters or
farmers is not exempt from payment of the tax, even though said entity merely acted as agent of planter or
farmer as a sort of accommodation without making any profit from the transaction, for the law uses the word
directly which means without anyone intervening in the importation and the phrase through their
cooperatives as the only exemption
Qualification of rule
Strict construction does not apply in the case of tax exemptions in favor of the government itself or its agencies
Provisions granting exemptions to government agencies may be construed liberally in favor of non-tax liability of
such agencies
The express exemption should not be construed with the same degree of strictness that applies to exemptions
contrary to policy of the state, since as to such property exemption is the rule and the taxation is the exemption
E.g. tax exemption in favor of NAPOCOR whether direct or indirect taxes, exempted
Statutes concerning the sovereign
Restrictive statutes which impose burdens on the public treasury or which diminish rights and interests are
strictly construed.
Unless so specified, the government does not fall within the terms of any legislation
Alliance of Government Workers v. Minister of Labor and Employment
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employers does not embrace the RP, the law not having expressly included it within its scope
Statutes authorizing suits against the government
Art. XVI, Sec. 3, 1987 Constitution The State may not be sued without its consent
General rule: sovereign is exempt from suit
Exception: in the form of statute, state may give its consent to be sued
Statute is to be strictly construed and waiver from immunity from suit will not be lightly inferred
Nullum tempus occurrit regi there can be no legal right as against the authority that makes the law on which
the right depends
Reason for non-suability not to subject the state to inconvenience and loss of governmental efficiency
Mobil Phil. Exploration, Inc. v. Customs Arrastre Services
The law authorizing the Bureau of Customs to lease arrastre operations, a proprietary function necessarily
incident to its governmental function, may NOT be construed to mean that the state has consented to be sued,
when it undertakes to conduct arrastre services itself, for damage to cargo
State-immunity may not be circumvented by directing the action against the officer of the state instead of the
state itself
The states immunity may be validly invoked
against the action AS LONG AS IT CAN BE SHOWN that the suit really affects the property, rights, or
interests of the state and not merely those of the officer nominally made party defendant
Even if the state consents, law should NOT be interpreted to authorize garnishment of public funds to
satisfy a judgment against government property
Reason:
Public policy forbids it
Disbursement of public funds must be covered by a corresponding appropriation as required
by law
Functions and service cannot be allowed to be paralyzed or disrupted by the diversion of public
funds from their legitimate and specific objects, as appropriated by law
Strictly construed, which means, wills must be executed in accordance with the statutory requirements,
otherwise, it is entirely void
The court is seeking to ascertain and apply the intent of the legislators and not that of the testator, and the
latters intention is frequently defeated by the non-observance of what the statute requires
Exceptions and provisos
All doubts should be resolved in favor of the general provision rather than the exceptions
o However, always look at the intent of
legislators if it will accord reason and justice not to apply the rule that an express exception excludes all
others
The rule on execution pending appeal must be strictly construed being an exception to the general rule
Situations which allows exceptions to the requirement of warrant of arrest or search warrant must be strictly
construed; to do so would infringe upon personal liberty and set back a basic right
A preference is an exception to the general rule
A proviso should be interpreted strictly with the legislative intent
Should be strictly construed
Only those expressly exempted by the proviso should be freed from the operation of the statute
Law grants employees the benefits of holiday pay except those therein enumerated
Statcon all employees, whether monthly paid or not, who are not among those excepted are entitled to the
holiday pay
Labor laws construed the workingmans welfare should be the primordial and paramount consideration o
Article 4 New Labor Code all doubts in the
implementation and interpretation of the provisions of the Labor Code including its implementing rules
and regulations shall be resolved in favor of labor
Liberal construction applies only if statute is vague, otherwise, apply the law as it is stated
2 branches
o One branch attaches to the main trunk of municipal authority relates to such ordinances and
regulations as may be necessary to carry into effect and discharge the powers and duties conferred
upon local legislative bodies by law
o Other branch is much more independent of the specific functions enumerated by law authorizes such
ordinances as shall seem necessary and proper to provide for the health and safety, promote the
prosperity, improve
the morals, peace, good order xxx of the LGU and the inhabitants thereof, and for the protection of the
property therein
To give more powers to local governments in promoting the economic condition, social welfare, and material
progress of the people in the community
Old rule: municipal corporations, being mere creatures of law, have only such powers as are expressly granted to
them and those which are necessarily implied or incidental to the exercise thereof
Before 1973 Constitution inferences, implications, and deductions have no place in the interpretation of the
taxing power of a municipal corporation
New Constitution Art. X, Sec 5 1987 Constitution each local government unit shall have the power to create
its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local autonomy
o Statutes prescribing limitations on the taxing
power of LGUs must be strictly construed against the national government and liberally in favor of the
LGUs, and any doubt as to the existence of the taxing power will be resolved in favor of the local
government
Laws on prescription remedial measure interpreted liberally affording protection to the taxpayers
liberally construed in favor of government and strictly construed against the taxpayer
intention to hasten tax payments or to punish evasions or neglect of duty in respect thereto
Election laws should be reasonably and liberally construed to achieve their purpose
Purpose to effectuate and safeguard the will of the electorate in the choice of their representatives
3 parts
o Provisions for the conduct of elections which election officials are required to follow
o Provisions which candidates for office are required to perform
o Procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections
Different rules and canons or statutory construction govern such provisions of the election law
Part 1:
o Rules and regulations for the conduct of elections
Before election mandatory (part 1)
After election directory (part 3)
o Generally the provisions of a statute as to the manner of conducting the details of an election are NOT
mandatory; and irregularities in conducting an election and counting the votes, not preceding from any
wrongful intent and which deprives no legal voter of his votes, will not vitiate an election or justify the
rejection of the entire votes of a precinct
Against disenfranchisement
Remedy against election official who did not do his duty criminal action against them
Part 2:
o Provisions which candidates for office are required to perform are mandatory
o Non-compliance is fatal
Part 3:
o Procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections
are liberally construed
o Technical and procedural barriers should not be allowed to stand if they constitute an obstacle in the
choice of their elective officials
For where a candidate has received popular mandate, overwhelmingly and clearly expressed, all possible doubts
should be resolved in favor of the candidates eligibility, for to rule otherwise is to defeat the will of the electorate
Amnesty proclamations
Purpose to encourage to return to the fold of the law of those who have veered from the law
E.g. in case of doubt as to whether certain persons come within the amnesty proclamation, the doubt should be
resolved in their favor and against the state
Art. 91 RPC period of prescription shall commence to run from the day the crime is discovered by the
offended, authorities, xxx
When does the period of prescription start day of discovery or registration in the Register of Deeds?
Notice need not be actual for prescription to run; constructive notice is enough
More favorable to the accused if prescriptive period is counted from the time of registration
Adoption statutes
Veteran and pension laws are enacted to compensate a class of men who suffered in the service for the
hardships they endured and the dangers they encountered in line of duty
o Expression of gratitude to and recognition of
those who rendered service to the country by extending to them regular monetary benefit
Where a statute grants pension benefits to war veterans, except those who are actually receiving a similar
pension from other government funds
Statcon government funds refer to funds of the same government and does not preclude war veterans
receiving similar pensions from the US Government from enjoying the benefits therein provided
Board of Administrators Veterans Admin v. Bautista
Veteran pension law is silent as to the effectivity of pension awards, it shall be construed to take effect from the
date it becomes due and NOT from the date the application for pension is approved, so as to grant the pensioner
more benefits and to discourage inaction on the part of the officials who administer the laws
Other statutes
Curative statutes to cure defects in prior law or to validate legal proceedings which would otherwise be void for
want of conformity with certain legal requirements; retroactive
Redemption laws remedial in nature construed liberally to carry out purpose, which is to enable the debtor to
have his property applied to pay as many debtors liability as possible
Statutes providing exemptions from execution are interpreted liberally in order to give effect to their beneficial
and humane purpose
Laws on attachment liberally construed to promote their objects and assist the parties obtaining speedy justice
Warehouse receipts instrument of credit liberally construed in favor of a bona fide holders of such receipts
Statute granting powers to an agency created by the Constitution should be liberally construed for the
advancement of the purposes and objectives for which it was created
CHAPTER EIGHT: Mandatory and Directory Statutes
IN GENERAL
Generally
Mandatory and directory classification of statutes importance: what effect should be given to the mandate of a
statute
Mandatory and directory statutes, generally
Mandatory statute commands either positively that something be done in a particular way, or negatively that
something be not done; it requires OBEDIENCE, otherwise void
Directory statute permissive or discretionary in nature and merely outlines the act to be done in such a way
that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that
prescribed and substantially the same result obtained; confer direction upon a person; non-performance of what
it prescribes will not vitiate the proceedings therein taken
When statute is mandatory or directory
Legislative intent does not depend on the form of the statute; must be given to the entire statute, its object,
purpose, legislative history, and to other related statutes
Whether a statute is mandatory or directory depends on whether the thing directed to be done is of the essence
of the thing required, or is a mere matter of form, what is a matter of essence can often be determined only by
judicial construction
o Considered directory compliance is a matter
of convenience; where the directions of a statute are given merely with a view to the proper, orderly
and prompt conduct of business; no substantial rights depend on it
o Considered mandatory a provision relating to the essence of the thing to be done, that is, to matters
of substance; interpretation shows that the legislature intended a compliance with such provision to be
essential to the validity of the act or proceeding, or when some antecedent and prerequisite conditions
must exist prior to the exercise of the power, or must be performed before certain other powers can be
exercised
Test to determine nature of statute
Test is to ascertain the consequences that will follow in case what the statute requires is not done or what it
forbids is performed
Does the law give a person no alternative choice? if yes, then it is mandatory
If a different interpretation is sought, it must rest upon something in the character of the legislation or in the
context which will justify a different meaning
The import of the word ultimately depends upon a consideration of the entire provision, its nature, object and
the consequences that would follow from construing it one way or the other
Loyola Grand Villa Homeowners (South) Assn., Inc. v. CA
Corporation Code Sec 46 reads every corporation formed under this Code MUST within one month after receipt
of official notice of the issuance of its certification of incorporation with the SEC, adopt a code of by-laws for its
government not inconsistent with this Code
PD 902-A which is in pari material with the Corporation Code states that the non-filing of the by-laws does not
imply the demise of the corporation; that there should be a notice and hearing before the certificate of
registration may be cancelled by the failure to file the by-laws
One test whether mandatory or directory compliance must be made whether non-compliance with what is
required will result in the nullity of the act; if it results in the nullity, it is mandatory
Director of Land v. CA
Law requires in petitions for land registration that upon receipt of the order of the court setting the time for
initial hearing to be published in the OG and once in a newspaper of general circulation in the Philippines
Law expressly requires that the initial hearing be published in the OG AND in the newspaper of general
circulation reason: OG is not as widely read of the newspaper of general circulation
Example: Sec 63 of the corporation Code shares of stock so issued are personal property and MAY be
transferred by delivery of the certificate or certificated endorsed by the owner
o may is merely directory and that the transfer of the shares may be effected in a manner different from
that provided for in law
When shall is construed as may and vice versa
Corporation Codes reads SHALL, upon such violation being proved, be dissolved by quo warranto proceedings
Shall construed as may
A negative statute is mandatory; expressed in negative words or in a form of an affirmative proposition qualified
by the word only
MANDATORY STATUTES
Statutes conferring power
Should construe as imposing absolute and positive duty rather than conferring privileges
Power is given for the benefit of third persons, not for the public official
Considered mandatory
Failure of the person to take the required steps or to meet the conditions will ordinarily preclude him from
availing of the statutory benefits
Vigilantibus et non dormientibus jura subveniunt the laws aid the vigilant, not those who slumber on their
rights
Potior est in tempoe, potior est in jure he who is first in time is preferred in right
Statutes prescribing jurisdictional requirements
Considered mandatory
Examples
o Requirement of publication
o Provision in the Tax Code to the effect that before an action for refund of tax is filed in court, a written
claim therefore shall be presented with the CIR within the prescribed period is mandatory and failure to
comply with such requirement is fatal to the action
Statutes prescribing time to take action or to appeal
Generally mandatory
Held as absolutely indispensable to the prevention of needless delays and to the orderly and speedy discharge or
business, and are necessary incident to the proper, efficient, and orderly discharge of judicial functions
Not waivable, nor can they be the subject of agreements or stipulation of litigants
Reyes v. COA
Sec. 187 RA 7160 process of appeal of dissatisfied taxpayer on the legality of tax ordinance
o Appeal to the Sec of Justice within 30 days of
effectivity of the tax ordinance
o If Sec of Justice decides the appeal, a period of 30 days is allowed for an aggrieved party to go to court
o If the Sec of Justice does not act thereon, after the lapse of 60 days, a party could already proceed to
seek relief in court
Purpose of mandatory compliance: to prevent delays and enhance the speedy and orderly discharge of judicial
functions
Unless the requirements of law are complied with, the decision of the lower court will become final and preclude
the appellate court from acquiring jurisdiction to review it
Interest reipiciae ut sit finis litium public interest requires that by the very nature of things there must be an
end to a legal controversy
Statutes prescribing procedural requirements
Construed mandatory
Procedure relating to jurisdictional, or of the essence of the proceedings, or is prescribed for the protection or
benefit of the party affected
Where failure to comply with certain procedural requirements will have the effect of rendering the act done in
connection therewith void, the statute prescribing such requirements is regarded as mandatory even though the
Sec 17, Rule 3 RC after a party dies and the claim is not thereby extinguished, the court shall order, upon
proper notice, the legal representative of the deceased to appear and to be substituted xxx. If legal
representative fails to appear xxx, the court MAY order the opposing party to produce the appointment of a legal
representative xxx
Although MAY was used, provision is mandatory
Procedural requirement goes to the very jurisdiction of the court, for unless and until a legal representative is
for him is duly named and within the jurisdiction of the trial court, no adjudication in the cause could have been
accorded any validity or the binding effect upon any party, in representation of the deceased, without trenching
upon the fundamental right to a day in court which is the very essence of the constitutionally enshrined
guarantee of due process
Construed as mandatory
After election directory, in support of the result unless of a character to affect an obstruction to the free and
intelligent casting of the votes, or to the ascertainment of the result, or unless it is expressly declared by the
statute that the particular act is essential to the validity of an election, or that its omission shall render it void
(whew, and haba!)
When the voters have honestly cast their ballots, the same should not be nullified simply because the officers
appointed under the law to direct the elections and guard the purity of the ballot have not done their duty
For where a candidate has received popular mandate, overwhelmingly and clearly expressed, all possible doubts
should be resolved in favor of the candidates eligibility, for to rule otherwise is to defeat the will of the electorate
Delos Reyes v. Rodriguez
The circumstance that the coupon bearing the number of the ballot is not detached at the time the ballot is
voted, as required by law, does not justify the court in rejecting the ballot
Election laws on qualification and disqualification
The rule of before-mandatory and after-directory in election laws only applies to procedural statutes;
Not applicable to provisions of the election laws prescribing the time limit to file certificate of candidacy and the
qualifications and disqualifications of elective office considered mandatory even after election
Statutes prescribing qualifications for office
Eligibility to a public office is of a continuing nature and must exist at the commencement of the term and during
the occupancy of the office
Statutes prescribing the eligibility or qualifications of persons to a public office are regarded as mandatory
Intended for the security of the citizens, or to insure the equality of taxation, or for certainty as to the nature and
amount of each others tax MANDATORY
o E.g. Statutes requiring the assessor to notify
the taxpayer of the assessment of his property within a prescribed period
Those designed merely for the information or direction of officers or to secure methodical and systematic modes
of proceedings - DIRECTORY
Statutes concerning public auction sale
Construed mandatory
Otherwise, void
DIRECTORY STATUTES
Statutes prescribing guidance for officers
Regulation designed to secure order, system, and dispatch in proceedings, and by a disregard of which the rights
Construed directory
Sec 15(1) Art. VIII, 1987 Constitution the maximum period within which a case or matter shall be decided or
resolved from the date of its submission shall be
o 24 months SC
o 12 months lower collegiate courts
o 3 months all other lower courts
Before the Constitution took effect - Statutes requiring rendition of decision within prescribed period Directory
o Except
intention to the contrary is manifest time is of the essence of the thing to
be done
language of the statute contains negative words
designation of the time was intended as a limitation of power, authority or right
always look at intent to ascertain whether to give the statute a mandatory or directory construction
o basis: EXPEDIENCY less injury results to the general public by disregarding than enforcing the little of
the law and that judges would otherwise abstain from rendering decisions after the period to render
them had lapsed because they lacked jurisdiction tot do so
Querubin v. CA
Statute: appeals in election cases shall be decided within 3 months after the filing of the case in the office of the
clerk of court
Issue: whether or not CA has jurisdiction in deciding the election case although the required period to resolve it
has expired
Held: yes, otherwise is to defeat the administration of justice upon factors beyond the control of the parties;
would defeat the purpose of due process; dismissal will constitute miscarriage of justice; speedy trial would be
turned into denial of justice
o Failure of judge to take action within the said
period merely deprives him of their right to collect their salaries or to apply for leaves, but does not
deprive them of the jurisdiction to act on the cases pending before them
Constitutional time provision directory
Marcelino v. Cruz
Sec 15(1) Art. VIII, 1987 Constitution the maximum period within which a case or matter shall be decided or
resolved from the date of its submission shall be
o 24 months SC
o 12 months lower collegiate courts
o 3 months all other lower courts
Reasons:
o Statutory provisions which may be thus departed from with impunity, without affecting the validity of
statutory proceedings, are usually those which relate to the mode or time of doing that which is
essential to effect the aim and purpose of the legislature or some incident of the essential act thus
directory
o Liberal construction departure from strict compliance would result in less injury to the general public
than would its strict application
o
o
o
Courts are not divested of their jurisdiction for failure to decide a case within the 90-day period
Only for the guidance of the judges manning our courts
Failure to observe said rule constitutes a ground for administrative sanction against the defaulting judge
A certification to this effect is required before judges are allowed to draw their salaries
Prospective
o operates upon facts or transactions that occur after the statute takes effect
o looks and applies to the future.
Retroactive
o Law which creates a new obligation, imposes a new duty or attaches a new disability in respect to a
transaction already past.
o A statute is not made retroactive because it draws on antecedent facts for its operation, or part of the
requirements for its action and application is drawn from a time antedating its passage.
Umali vs. Estanislao
A law may be made operative partly on facts that occurred prior to the effectivity of such law without being
retroactive.
Statute: RA 7167- granting increased personal exemptions from income tax to be available thenceforth, that is,
after said Act became effective and on or before the deadline for filing income tax returns, with respect to
compensation income earned or received during the calendar year prior to the date the law took effect.
Castro v. Sagales
It is a settled rule in statutory construction that statutes are to be construed as having only prospective
operation, unless the intendment of the legislature is to give them a retroactive effect, expressly declare or
necessarily implied from the language used.
No court will hold a statute to be retroactive when the legislature has not said so.
Art. 4 of the Civil Code which provides that Laws shall have no retroactive effect, unless the contrary is
provided.
Lex prospicit, non respicit the law looks forward, not backward
Lex de future, judex de praeterito the law provides for the future, the judge for the past.
If the law is silent as to the date of its application and that it is couched in the past tense does not necessarily
imply that it should have retroactive effect.
Grego v. Comelec
A statute despite the generality of its language, must not be so construed as to overreach acts, events, or
matters which transpired before its passage
Statute: Sec.40 of the LGC disqualifying those removed from office as a result of an administrative case from
running for local elective positions cannot be applied retroactively.
Held: It cannot disqualify a person who was administratively removed from his position prior to the effectivity of
said Code from running for an elective position.
Rationale: a law is a rule established to guide actions with no binding effect until it is enacted.
Nova constitution futuris formam imponere debet non praeteretis A new statute should affect the future, not
the past.
Prospectivity applies to:
o Statutes
o Administrative rulings and circulars
o Judicial decisions
The principle of prospectivity of statutes, original or amendatory, has been applied in many cases. These include:
Buyco v. PNB
Statute: RA 1576 which divested the PNB of authority to accept back pay certificates in payment of loans
Held: does not apply to an offer of payment made before effectivity of the act.
Presumption against retroactivity
Presumption is that all laws operate prospectively, unless the contrary clearly appears or is clearly, plainly and
unequivocally expressed or necessarily implied.
If statute is susceptible of construction other than that of retroactivity or will render it unconstitutional- the
statute will be given prospective effect and operation.
Presumption is strong against substantive laws affecting pending actions or proceedings. No substantive statute
shall be so construed retroactively as to affect pending litigations.
Words or phrases indicating prospectivity
Shall implies that the law makes intend the enactment to be effective only in future.
The Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligation of
contract, deprive persons of property without due process of law, or divest rights which have become vested, or
which are not in the nature of ex post facto laws.
Statutes by nature which are retroactive:
o Remedial or curative statutes
o Statutes which create new rights
o Statute expressly provides that it shall apply retroactively
o Where it uses words which clearly indicate its intent
Problem in construction is when it is applied retroactively, to avoid frontal clash with the Constitution and save
the law from being declared unconstitutional.
Art. 21 of the RPC provides that no felony shall be punishable by any penalty not prescribed by law prior to its
commission.
Provision is recognition to the universally accepted principle that no penal law can have a retroactive effect, no
act or omission shall be held to be a crime, nor its author punished, except by virtue of a law in force at the time
the act was committed.
Nullum crimen sine poena, nulla poena sine legis there is no crime without a penalty, there is no penalty
without a law.
Ex post facto law
Constitution provides that no ex post facto law shall be enacted. It also prohibits the retroactive application of
penal laws which are in the nature of ex post facto laws.
Ex post facto laws are any of the following:
o Law makes criminal an act done before the passage of the law and which was innocent when done, and
Alvia v. Sandiganbayan
Law: as of the date of the effectivity of this decree, any case cognizable by the Sandiganbayan is not an ex post
facto law because it is not a penal statute nor dilutes the right of appeal of the accused.
Bill of attainder
Bill of attainder legislative act which inflicts punishment without judicial trial
Serves to implement the principle of separation of powers by confining the legislature to rule-making & thereby
forestalling legislative usurpation of judicial functions.
History: Bill of Attainder was employed to suppress unpopular causes & political minorities, and this is the evil
sought to be suppressed by the Constitution.
Penal laws cannot be given retroactive effect, except when they are favorable to the accused.
Art.22 of RPC penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is
not a habitual criminal, as this term is defined in Rule 5 Art 62 of the Code , although at the time of the
application of such laws a final sentence has been pronounced and the convict is serving the same.
Rule is founded on the principle that: the right of the state to punish and impose penalty is based on the
principles of justice.
such statute will be applied retroactively and the trial court before the finality of
judgment or the appellate court on appeal from such judgment should take such
statute in consideration.
When there is already a final judgment & accused is serving sentence, remedy is to file petition of habeas corpus,
alleging that his continued imprisonment is illegal pursuant to said statute & praying that he be forthwith
released.
Substantive law
o creates, defines or regulates rights concerning life, liberty or property, or the powers of agencies or
instrumentalities for administration of public affairs.
o that part of law which creates, defines & regulates rights, or which regulates rights or duties which give
rise to a cause of action
o that part of law which courts are established to administer
o when applied to criminal law: that which declares which acts are crimes and prescribe the punishment
for committing them
o Cannot be construed retroactively as it might affect previous or past rights or obligations
Substantive rights
o One which includes those rights which one enjoys under the legal system prior to the disturbance of
normal relations.
In the absence of a contrary intent, statutes which lays down certain requirements to be complied with be fore a
case can be brought to court.
Espiritu v. Cipriano
Freezes the amount of monthly rentals for residential houses during a fixed period
Effects on pending actions
Statutes affecting substantive rights may not be given retroactive operation so as to govern pending proceedings.
Iburan v. Labes
Where court originally obtains and exercises jurisdiction, a later statute restricting such jurisdiction or
transferring it to another tribunal will not affect pending action, unless statute provides & unless prohibitory
words are used.
Lagardo v. Masagana
Where court has no jurisdiction over a certain case but nevertheless decides it, from which appeal is taken, a
statute enacted during the pendency of the appeal vesting jurisdiction upon such trial court over the subject
matter or such case may not be given retroactive effect so as to validate the judgment of the court a quo, in the
absence of a saving clause.
Republic v. Prieto
Where a complaint pending in court is defective because it did not allege sufficient action, it may not be
validated by a subsequent law which affects substantive rights and not merely procedural matters.
Rule against the retroactive operation of statutes in general applies more strongly with respect to substantive
laws that affect pending actions or proceedings.
Qualification of rule
A substantive law will be construed as applicable to pending actions if such is the clear intent of the law.
To promote social justice or in the exercise of police power, is intended to apply to pending actions
As a rule, a case must be decided in the light of the law as it exists at the time of the decision of the appellate
court, where the statute changing the law is intended to be retroactive and to apply to pending litigations or is
retroactive in effect
This rule is true though it may result in the reversal of a judgment which as correct at the time it was rendered by
the trial court. The rule is subject to the limitation concerning constitutional restrictions against impairment of
vested rights
A vested right or interest may be said to mean some right or interest in property that has become fixed or
established and is no longer open to doubt or controversy
Rights are vested when the right to enjoyment, present or prospective, has become the property of some
particular person or persons, as a present interest
A mere expectancy of future benefit or a contingent interest in property founded on anticipated continuance of
existing laws does not constitute a vested right
Inchoate rights which have not been acted on are not vested
A statute may not be construed and applied retroactively under the following circumstances:
o if it impairs substantive right that has become
vested;
o as disturbing or destroying existing right embodied in a judgment;
o creating new substantive right to fundamental cause of action where none existed before and making
such right retroactive;
o by arbitrarily creating a new right or liability already extinguished by operation of law
Law creating a new right in favor of a class of persons may not be so applied if the new right collides with or
impairs any vested right acquired before the establishment of the new right nor, by the terms of which is
retroactive, be so applied if:
o it adversely affects vested rights
o unsettles matter already done as required by existing law
o works injustice to those affected thereby
While a person has no vested right in any rule of law entitling him to insist that it shall remain unchanged for his
benefit, nor has he a vested right in the continued existence of a statute which precludes its change or repeal,
nor in any omission to legislate on a particular matter, a subsequent statute cannot be so applied retroactively as
to impair his right that accrued under the old law.
Statutes must be so construed as to sustain its constitutionality, and prospective operation will be presumed
where a retroactive application will produce invalidity.
Illustration of rule
People v. Zeta
Existing law: authorizing a lawyer to charge not more than 5% of the amount involved as attorneys fees in the
prosecution of certain veterans claim.
Facts: A lawyer entered into a contract for professional services on contingent basis and actually rendered
service to its successful conclusion. Before the claim was collected, a statute was enacted.
New statute: Prohibiting the collection of attorneys fees for services rendered in prosecuting veterans claims.
Issue: For collecting his fees pursuant to the contract for professional services, the lawyer was prosecuted for
violation of the statute.
Held: In exonerating the lawyer, the court said: the statute prohibiting the collection of attorneys fees cannot be
applied retroactively so as to adversely affect the contract for professional services and the fees themselves.
The 5% fee was contingent and did not become absolute and unconditional until the veterans claim had been
collected by the claimant when the statute was already in force did no alter the situation.
For the distinction between vested and absolute rights is not helpful and a better view to handle the problem is
to declare those statutes attempting to affect rights which the courts find to be unalterable, invalid as arbitrary
and unreasonable, thus lacking in due process.
The 5% fee allowed by the old law is not unreasonable. Services were rendered thereunder to claimants
benefits. The right to fees accrued upon such rendition. Only the payment of the fee was contingent upon the
approval of the claim; therefore, the right was contingent. For a right to accrue is one thing; enforcement thereof
by actual payment is another. The subsequent law enacted after the rendition of the services should not as a
matter of simple justice affect the agreement, which was entered into voluntarily by the parties as expressly
directed in the previous law. To apply the new law to the case of defendant-appellant s as to deprive him of the
agreed fee would be arbitrary and unreasonable as destructive of the inviolability of contracts, and therefore
invalid
as lacking in due process; to penalize him for collecting such fees, repugnant to our sense of justice.
Statutes which repeal earlier or prior laws operate prospectively, unless the legislative intent to give them
retroactive effect clearly appears.
Although a repealing state is intended to be retroactive, it will not be so construed if it will impair vested rights
or the obligations of contracts, or unsettle matters that had been legally done under the old law.
Repealing statutes which are penal in nature are generally applied retroactively if favorable to the accused,
unless the contrary appears or the accused is otherwise not entitled to the benefits of the repealing act.
While an amendment is generally construed as becoming a part of the original act as if it had always
been contained therein , it may not be given a retroactive effect unless it is so provided expressly or by necessary
implication and no vested right or obligations of contract are thereby impaired.
The general rule on the prospective operation of statutes also applies to amendatory acts
San Jose v. Rehabilitation Finance Corp
RA 401 which condoned the interest on pre-war debts from January 1, 1942 to December 31, 1945 amended by
RA 671 on June 16, 1951 by virtually reenacting the old law and providing that if the debtor, however, makes
voluntary payment of the entire pre-war unpaid principal obligation on or before December 31, 1952, the interest
on such principal obligation corresponding from January 1, 1946 to day of payment are likewise condoned
Held: a debtor who paid his pre-war obligation together with the interests on March 14, 1951 or before the
amendment was approved into law, is not entitled to a refund of the interest paid from January 1, 1946 to March
14, 1951 the date the debtor paid the obligation.
Reason:
o makes voluntary payment denotes a present or future act; thereby not retroactively
o unpaid principal obligation and condone
imply that amendment does not cover refund of interests paid after its approval.
CIR v. La Tondena
Statute: imposes tax on certain business activities is amended by eliminating the clause providing a tax on some
of such activities, and the amended act is further amended, after the lapse of length of time, by restoring the
clause previously eliminated, which requires that the last amendment should not be given retroactive effect so
as to cover the whole period.
Imperial v. CIR
An amendment which imposes a tax on a certain business which the statute prior to its amendment does not tax,
may not be applied retroactively so as to require payment of the tax on such business for the period prior to the
amendment
STATUTES GIVEN RETROACTIVE EFFECT
Procedural laws
Exceptions:
o procedural laws
furtherance of the remedy or confirmation of the rights already existing, do not come within the legal
conception of a retroactive law, or the general rule against the retroactive operation of statutes.
o A new statute which deals with procedure only is presumptively applicable to all actions
those which have accrued or are pending.
o Statutes regulating the procedure of the courts will be construed as applicable to actions pending and
undetermined at the time of their passage.
The retroactive application of procedural laws is not:
o violative of any right of a person who may feel that he is adversely affected;
o nor constitutionally objectionable.
Rationale: no vested right may attach to, nor arise from, procedural laws.
A person has no vested right in any particular remedy, and a litigant cannot insist on the application to the trial
of his case, whether civil or criminal, of any other than the existing rules of procedure
Alday v. Camillon
Provision: BP 129- nor record or appeal shall be required to take an appeal. (procedural in nature and should
be applied retroactively)
Issue: Whether an appeal from an adverse judgment should be dismissed for failure of appellant to file a record
on appeal within 30 days as required under the old rules.
Such question is pending resolution at the time the BP Blg took effect, became academic upon effectivity of said
law because the law no longer requires the filing a of a record on appeal and its retroactive application removed
the legal obstacle to giving due course to the appeal.
Castro v. Sagales
A statute which transfers the jurisdiction to try certain cases from a court to a quasi-judicial tribunal is a remedial
statute that is applicable to claims that accrued before its enactment but formulated and filed after it took effect.
Held: The court that has jurisdiction over a claim at the time it accrued cannot validly try to claim where at the
time the claim is formulated and filed, the jurisdiction to try it has been transferred by law to a quasi-judicial
tribunal.
Rationale: for even actions pending in one court may be validly be taken away and transferred to another and no
litigant can acquire a vested right to be heard by one particular court.
An administrative rule: which is interpretative of a pre-existing statue and not declarative of certain rights with
obligations thereunder is given retroactive effect as of the date of the effectivity of the statute.
Issue: whether an action for recognition filed by an illegitimate minor after the death of his alleged parent when
Art 285 of the Civil Code was still in effect and has remained pending Art 175 of the Family Code took effect can
still be prosecuted considering that Art 175, which is claimed to be procedural in nature and retroactive in
application, does not allow filing of the action after the death of the alleged parent.
Held: The rule that a statutory change in matters of procedure may affect pending actions and proceedings,
unless the language of the act excludes them from its operation, is not so pervasive that it may be used to
validate or invalidate proceedings taken before it goes into effect, since procedure must be governed by the law
regulating it at the time the question of procedure arises especially where vested rights maybe prejudiced.
Accordingly, Art 175 of the Family Code finds no proper application to the instant case since it will ineluctably
affect adversely a right of private respondent and, consequentially, of the minor child she represents, both of
which have been vested with the filing of the complaint in court. The trial court is, therefore, correct in applying
the provisions of Art 285 of the Civil Code and in holding that private respondents cause of action has not yet
prescribed.
Curative statutes
they are remedial by curing defects and adding to the means of enforcing existing obligations
the rule to curative statutes is that if the thing omitted or failed to be done, and which constitutes the defect
sought to be removed or made harmless, is something which the legislature might have dispensed with by a
previous statute, it may do so by a subsequent one
curative statutes are intended to supply defects, abridge superfluities in existing laws, and curb certain evils.
They are designed and intended, but has failed of expected legal consequence by reason of some statutory
disability or irregularity in their own action. They make valid that which, before the enactment of the statute,
was invalid.
Their purpose is to give validity to acts done that would have been invalid under existing laws, as if existing laws
have been complied with
Frivaldo v. COMELEC
Tolentino
o those which undertake to cure errors& irregularities, thereby validating judicial judicial or administrative
proceedings, acts of public officers, or private deeds or contracts which otherwise would not produce
their intended consequences by reason of some statutory disability or failure to comply with some
technical requirement
Agpalo
o curative statutes are healing acts curing defects and adding to the means of enforcing existing
obligations
o and are intended to supply defects abridge superfluities in existing laws& curb certain evils
o by their very nature, curative statutes are retroactive and reach back to the past events to correct errors
or irregularities & to render valid & effective attempted acts which would be otherwise ineffective for
the purpose the parties intended
Curative statutes are forms of retroactive legislations which reach back on past events to correct errors or
irregularities & to render valid & effective attempted acts which would be otherwise ineffective for the purpose
the parties intended.
Limitations of rule
remedial statutes will not be given retroactive effect if to do so would impair the obligations of contract or
disturb vested rights
only administrative or curative features of the statute as will not adversely affect existing rights will be given
retroactive operation
the exception to the foregoing limitations of the rule is a remedial or curative statute which is enacted as a police
power measure
Statutes of this type may be given retroactive effect even though they impair vested rights or the obligations of
contract, if the legislative intent is to give them retrospective operation
Rationale: The constitutional restriction against impairment against obligations of contract or vested rights does
not preclude the legislature from enacting statutes in the exercise of its police power
as a rule, statutes which are enacted in the exercise of police power to regulate certain activities, are applicable
not only to those activities or transactions coming into being after their passage, but also to those already in
existence
Rationale: the non-impairment of the obligations of contract or of vested rights must yield to the legitimate
exercise of power, by the legislature, to prescribe regulations to promote the health, morals, peace, education,
good order, safety and general welfare of the people
Any right acquired under a statute or under a contract is subject to the condition that it may be impaired by the
state in the legitimate exercise of its police power, since the reservation of the essential attributes of sovereign
power is deemed read into every statute or contract as a postulate of the legal order
General rule: a statute relating to prescription of action, being procedural in nature, applies to all actions filed
after its effectivity. In other words, such a statute is both:
o prospective in the sense that it applies to
causes that accrued and will accrue after it took effect, and
o retroactive in the sense that it applies to causes that accrued before its passage
However, a statute of limitations will not be given retroactive operation to causes of action that accrued prior to
its enactment if to do so will remove a bar of limitation which has become complete or disturb existing claims
without allowing a reasonable time to bring actions thereon
Nagrampa v. Nagrampa
Statute: Art. 1116 of the Civil Code: prescription already running before the effectivity of this Code shall be
governed by laws previously in force; but if since the time this Code took effect the entire period herein required
for prescription should elapse, the present Code shall be applicable even though by the former laws a longer
period might be required.
Held: The provision is retroactive since it applied to a cause that accrued prior to its effectivity which when filed
has prescribed under the new Civil Code even though the period of prescription prescribed under the old law has
not ended at the time the action is filed in court
The fact that the legislature has indicated that the statute relating to prescription should be given retroactive
effect will not warrant giving it if it will impair vested rights
Statute of limitations prescribing a longer period to file an action than that specified under the law may not be
construed as having retroactive application if it will revive the cause that already prescribed under the old
statute for it will impair vested rights against whom the cause is asserted.
Statute which shorten the period of prescription & requires that causes which accrued prior to its effectivity be
prosecuted or filed not later than a specific date may not be construed to apply to existing causes which
pursuant to the old law under which they accrued, will not prescribe until a much longer period than that
specified in the later enactment because the right to bring an action is founded on law which has become vested
before the passage of the new statute of limitations
Apparently conflicting decisions on prescription
Billones v. CIR
Issue: whether Sec. 7A of Common wealth Act 144, amended by RA 1993, to the effect that any action to
enforce an cause (i.e. non payment of wages or overtime compensation) under this Act shall be commenced
within 3 years after such cause of action accrued, otherwise it shall be forever barred. Provided, however, that
actions already commenced before the effective day of this Act shall not be affected by the period herein
prescribed.
As statute shortened the period of prescription from 6 to 3 yrs. from the date the cause of action accrued, it was
contended that to give retroactive effect would impair vested rights since it would operate to preclude the
prosecution of claims that accrued more than 3 but less than 6 yrs.
Held: a statute of limitations is procedural in nature and no vested right can attach thereto or arise therefrom.
When the legislature provided that actions already commenced before the effectivity of this Act shall not be
affected by the period herein prescribed, it intended to apply the statute to all existing actions filed after the
effectivity of the law.
Because the statute shortened the period within which to bring an action & in order to violate the constitutional
mandate, claimants are injuriously affected should have a reasonable period of 1 yr. from time new statute took
effect within which to sue on such claims.
Prescription in criminal and civil cases
General rule: laws on prescription of actions apply as well to crimes committed before the enactment as
afterwards. There is, however, a distinction between a statute of limitations in criminal actions and that of
limitations in civil suits, as regards their construction.
In CIVIL SUIT- statute is enacted by the legislature as an impartial arbiter, between two contending parties. In
the construction of such statute, there is no intendment to be made in favor of either party. Neither grants
right to the other; there is therefore no grantor against whom no ordinary presumptions of construction are to
be made.
CRIMINAL CASES: the state is the grantor, surrendering by act of grace its right to prosecute or declare that the
offense is no longer subject of prosecution after the prescriptive period. Such statutes are not only liberally
construed but are applied retroactively if favorable to the accused.
Statutes relating to appeals
The right to appeal from an adverse judgment, other than that which the Constitution grants, is statutory and
may be restricted or taken away
A statute relating to appeals is remedial or procedural in nature and applies to pending actions in which no
judgment has yet been promulgated at the time the statute took effect.
Such statute, like other statutes, may not however be construed retroactively so as to impair vested rights.
Hence, a statute which eliminates the right to appeal and considers the judgment rendered in a case final and
unappealable, destroys the right to appeal a decision rendered after the statute went into effect, but NOT the
right to prosecute an appeal that has been perfected before the passage of the law, for in the latter case, the
right of the appellant to appeal has become vested under the old law and may not therefore be impaired.
Stature shortening the period for taking appeals is to be given prospective effect and may not be applies to
pending proceedings in which judgment has already been rendered at the time of its enactment except if theres
clear legislative intent.
CHAPTER TEN: Amendment, Revision, Codification and
Repeal
AMENDMENT
Power to Amend
The legislature has the authority to amend, subject to constitutional requirements, any existing law.
Authority to amend is part of the legislative power to enact, alter and repeal laws.
The SC in the exercise of its rule-making power or of its power to interpret the law, has no authority to amend or
change the law, such authority being the exclusive to the legislature.
Amendment by implication
Every statute should be harmonized with other laws on the same subject, in the absence of a clear inconsistency.
Legislative intent to amend a prior law on the same subject is shown by a statement in the later act that any
provision of law that is inconsistent therewith is modified accordingly.
Implied Amendment- when a part of a prior statute embracing the same subject as the later may not be enforced
without nullifying the pertinent provision of the latter in which event, the prior act is deemed amended or
modified to the extent of repugnancy.
Quimpo v. Mendoza
Where a statute which requires that the annual realty tax on lands or buildings be paid on or
before the specified date, subject to penalty of a percentage of the whole amount of tax in case of delayed
payment, is amended by authorizing payment of the tax in four equal installments to become due on or
before specified dates.
The penalty provision of the earlier statute is modified by implication that the penalty for late payment of an
installment under the later law will be collected and computed only on the installment that became due and
unpaid, and not on the whole amount of annual tax as provided in the old statute.
Legislative intent to change the basis is clear when the later law allowed payment in four installments.
People v. Macatanda
A statute punishing an act which is also a crime under the RPC provides a penalty as prescribed in the said
Code, such statute is not a special law but an amendment by implication.
Estrada v. Caseda
Where a statute which provides that it shall be in force for a period of four years after its approval, the four
years is to be counted from the date the original statute was approved and not from the date the
amendatory act was amended.
Government v. Agoncillo
Where the amendatory act is declared unconstitutional, it is as if the amendment did not exist, and the
original statute before the attempted amend remains unaffected and in force.
REVISION AND CODIFICATION
Generally
Purpose: to restate the existing laws into one statute and simply complicated provisions, and make the laws on
the subject easily found.
Construction to harmonize different provisions
Presumption: author has maintained a consisted philosophy or position.
The different provisions of a revised statute or code should be read and construed together.
Rule: a code enacted as a single, comprehensive statute, and is to be considered as such and not as a series of
disconnected articles or provisions.
Change in phraseology
It is a well settled rule that in the revision or codification of statutes, neither an alteration in phraseology nor the
admission or addition of words in the later statute shall be held necessarily to alter the construction of the
former acts.
Words which do not materially affect the sense will be omitted from the statute as incorporated in the revise
statute or code, or that some general idea will be expressed in brief phrases.
If there has been a material change or omission, which clearly indicates an intent to depart from the previous
construction of the old laws, then such construction as will effectuate such intent will be adopted.
REPEAL
Power to repeal
Power to repeal a law is as complete as the power to enact one.
The legislature cannot in and of itself enact irrepealable laws or limit its future legislative acts.
Repeal, generally
Repeal by implication
Where a statute of later date clearly reveals an intention on the part of the legislature to abrogate a prior act on
the subject, that intention must be given effect.
There must be a sufficient revelation of the legislative intent to repeal.
Intention to repeal must be clear and manifest
General rule: the latter act is to be construed as a continuation not a substitute for the first act so far as the two
acts are the same, from the time of the first enactment.
Two categories of repeals by implication
Where provisions in the two acts on the same subject matter are in an irreconcilable conflict and the later
act to the extent of the conflict constitutes an implied repeal of the earlier.
If the later act covers the whole subject of the earlier one and is clearly intended as a substitute, it will
operate similarly as a repeal of the earlier act.
Irreconcilable inconsistency
Implied repeal brought about by irreconcilable repugnancy between two laws takes place when the two statutes
cover the same subject matter; they are so clearly inconsistent and incompatible with each other that they
cannot be reconciled or harmonized and both cannot be given effect, once cannot be enforced without nullifying
the other.
Implied repeal earlier and later statutes should embrace the same subject and have the same object.
In order to effect a repeal by implication, the later statute must be so irreconcilably inconsistent and repugnant
with the existing law that they cannot be made to reconcile and stand together.
It is necessary before such repeal is deemed to exist that is be shown that the statutes or statutory provisions
deal with the same subject matter and that the latter be inconsistent with the former.
the fact that the terms of an earlier and later provisions of law differ is not sufficient to create repugnance as to
constitute the later an implied repeal of the former.
People v. Benuya
Where a statute is revised or a series of legislative acts on the same subject are revised or consolidated into
one, covering the entire field of subject matter, all parts and provisions of the former act or acts
that are omitted from the revised act are deemed repealed.
Repeal by reenactment
Where a statute is a reenactment of the whole subject in substitution of the previous laws on the matter, the
latter disappears entirely and what is omitted in the reenacted law is deemed repealed.
All laws or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly,
construed.
Nature of repealing clause
Not express repealing clauses because it fails to identify or designate the act or acts that are intended to be
repealed.
A clause, which predicates the intended repeal upon the condition that a substantial conflict must be found
on existing and prior acts of the same subject matter.
The presumption against implied repeal and the rule on strict construction regarding implied repeal apply ex
proprio vigore.
Legislature is presumed to know the existing law so that if repeal of particular or specific law or laws is
intended, the proper step is to so express it.
Valdez v. Tuason
such a clause repeals nothing that would not be equally repealed without it.
Either with or without it, the real question to be determined is whether the new statute is in fundamental
and irreconcilable conflict with the prior statute on the subject.
Significance of the repealing clause: the presence of such general repealing clause in a later statute clearly
indicates the legislative intent to repeal all prior inconsistent laws on the subject matter whether or not the prior
law is a special law.
A later general law will ordinarily not repeal a prior special law on the same subject, as the latter is generally
regarded as an exception to the former.
With such clause contained in the subsequent general law, the prior special law will be deemed repealed, as
the clause is a clear legislative intent to bring about that result.
Legislature is presumed to know the existing laws on the subject and not to have enacted inconsistent or
conflicting statutes.
A construction which in effect will repeal a statute altogether should, if possible, be rejected.
In case of doubt as to whether a later statute has impliedly repealed a prior law on the same subject, the doubt
should be resolved against implied repeal.
US v. Palacio
Repeals by implication are not favored, and will not be decreed unless it is manifest that the legislature so
intended.
As laws are presumed to be passed with deliberation and with full knowledge of all existing ones on the
subject
It is but reasonable to conclude that in passing a statute it was not intended to interfere with or abrogate
any former law relating to some matter
Unless the repugnancy between the two is not only irreconcilable, but also clear and convincing, and flowing
necessarily form the language used, the later act fully embraces the subject matter of the earlier, or unless
the reason for the earlier act is beyond peradventure removed.
Every effort must be used to make all acts stand and if, by any reasonable construction, they can be
reconciled, the later act will not operate as a repeal of the earlier.
Application of rule
LLDA v. CA
Issue: which agency of the government, LLDA or the towns and municipalities compromising the region
should exercise jurisdiction over the Laguna Lake and its environs insofar as the issuance of permits for
fishery privileges is concerned.
The LLDA statute specifically provides that the LLDA shall have exclusive jurisdiction to issue permits for the
use of all surface water for any projects in or affecting the said region, including the operation of fish pens.
RA 7160 the LGC of 1991 grants the municipalities the exclusive authority to grant fishery privileges in
municipal waters.
Held: two laws should be harmonized, and that the LLA statute, being a special law, must be taken as an
exception to RA 7160 a general law,
Valera v. Tuason
A subsequent general law on a subject has repealed or amended a prior special act on the same subject by
implication is a question of legislative intent.
Intent to repeal may be shown in the act itself the explanatory note to the bill before its passage into law,
the discussions on the floor of the legislature,
Intent to repeal the earlier special law where the later general act provides that all laws or parts thereof which
are inconsistent therewith are repealed or modified accordingly
If the intention to repeal the special law is clear, then the rule that the special law will be considered as an
exception to the general law does not apply; what applies is the rule that the special law is deemed impliedly
repealed.
A general law cannot be construed to have repealed a special law by mere implication admits of exception.
Effects of repeal, generally
Appeal of a statute renders it inoperative as of the date the repealing act takes effect.
Repeal is by no means equivalent to a declaration that the repealed statute is invalid from the date of its
enactment.
The repeal of a law does not undo the consequences of the operation of the statute while in force, unless such
result is directed by express language or by necessary implication, except as it may affect rights which become
vested when the repealed act was in force.
Ramos v. Municipality of Daet
BP 337 known as the LGC was repealed by RA 7160 known as LGC of 1991, which took effect on January 1,
1992.
Sec. 5 (d) of the new code provides that rights and obligations existing on the date of the effectivity of the
new code and arising out of contracts or any other source of prestation involving a local government unit
shall be governed by the original terms and conditions of said contracts or the law in force at the time such
rights were vested.
On jurisdiction, generally
Neither the repeal nor the explanation of the law deprives the court or administrative tribunal of the authority to
act on the pending action and to finally decide it.
General rule: where a court or tribunal has already acquired and is exercising jurisdiction over a controversy, its
jurisdiction to proceed to final determination of the cause is not affected by the new legislation repealing the
statute which originally conferred jurisidiction.
Rule: once the court acquires jurisdiction over a controversy, it shall continue to exercise such jurisdiction until
the final determination of the case and it is not affected by subsequent legislation vesting jurisdiction over such
proceedings in another tribunal admits of exceptions.
Repeal or expiration of a statute under which a court or tribunal originally acquired jurisdiction to try and decide
a case, does not make its decision subsequently rendered thereon null and void for want of authority, unless
otherwise provided.
In the absence of a legislative intent to the contrary, the expiration or repeal of a statute does not render legal
what, under the old law, is an illegal transaction, so as to deprive the court or tribunal the court or tribunal of the
authority to act on a case involving such illegal transaction.
Where a law declares certain importations to be illegal, subject to forfeiture by the Commissioner of Customs
pursuant to what the latter initiated forfeiture proceedings, the expiration of the law during the pendency of the
proceedings does not divest the Commissioner of Customs of the jurisdiction to continue to resolve the case, nor
does it have the effect of making the illegal importation legal or of setting aside the decision of the commissioner
on the matter.
Once a jurisdiction to try a criminal case is acquired, that jurisdiction remains with the court until the case is
finally determined.
A subsequent statute amending or repealing a prior act under which the court acquired jurisdiction over the case
with the effect of removing the courts jurisdiction may not operate to oust jurisdiction that has already
attached.
On vested rights
repeal of a statute does not destroy or impair rights that accrued and became vested under the statute before its
repeal.
The statute should not be construed so as to affect the rights which have vested under the old law then in force,
or as requiring the abatement of actions instituted for the enforcement of such rights.
Rights accrued and vested while a statute is in force ordinarily survive its repeal.
The constitution forbids the state from impairing, by enactment or repeal of a law, vested rights or the
obligations of contract, except in the legitimate exercise of police power.
Buyco v. PNB
Where a statute gives holders of backpay certificates the right to use said certificates to pay their obligations
to government financial institutions, the repeal of the law disallowing such payment will not deprive holders
thereof whose rights become vested under the old law of the right to use the certificates to pay their
obligations to such financial institutions.
On contracts
Where a contract is entered into by the parties on the basis of the law then obtaining, the repeal or amendment
of said law will not affect the terms of the contract nor impair the right of the parties thereunder.
People v. Almuete
Where the reenactment of the repealed law is not simultaneous such that the continuity of the obligation
and the sanction for its violation form the repealed law to the reenacted law is broken, the repeal carries
with it the deprivation of the court of its authority to try, convict, and sentence the person charged with
violation of the old law to its repeal.