Chapter I: Statutes

A. In General

Law

Whole body or system of law

Rule of conduct formulated and
made obligatory by legitimate
power of the state
Includes
o Statutes- legislature
o Decrees,
executive
orders,
issuancesPresident
via
ordinance power
o Rulings of the Supreme Court
construing the law
o Law, rules and regulations by
administrative
or
executive
officers
o Ordinance by sanggunians of
LGUs

Manner of referring to statutes

Legislative power of the Congress

Permanent and Temporary Statutes

Permanent statute- not limited in

duration
but
continues
until
repealed; does not terminate
Temporary statute- limited period of
time fixed in the stature itself or
ceases upon the happening of the
even

Applicationretroactive

Prospective

Legislative power- the power to

make, alter and repeal laws
House of Representatives- elected
from the districts
o More sensitive to the local needs
and problems
o Bills on revenue, tariff, tax,
authorizing increase of public
debt, private bills and bills of
local
application
should
exclusively originate from HoR
Senate- elected at large
o National perspective
Provisions of the constitution
o Self-executing- Congress needs
to enact enabling legislation
o Non-self-executing- enforce the
constitutional provisions within
their confines, impose penalties
for their violation and supply
minor details

Procedural requirements in enacting a law

Other Classes of statutes

Philippine Commission and the

Philippine Legislature (1901-1935)
Public Acts
Commonwealth (1936-1946)Commonwealth Acts
Congress of the Philippines (19461972)- republic Acts
Batasang Pambansa Batas
Pambansa
Presidential Decrees and Executive
Orders- serially numbers

B. Enactment of Statutes

Statute
Act of the legislature as an
organized body
Passed according to the procedure
required to constitute it as part of
the land
Public Statute- affects the public at
large or the whole community
o General applies to the whole
state and operates throughout
the state upon all people and all
classes
o Special- relates to a particular
person or things of a class or to
a
particular
community,
individual or thing
o Local- operation is confined to a
specific place or locality
Private Law- applies only to a
specific person or subject

According to operation, declaratory,

curative,
mandatory,
directory,
substantive, remedial and penal
Form- affirmative or negative

or

Constitutional Requirements- can

render a law unconstitutional if not
followed
Procedural requirements- violation
does not render the law void.

Steps in the passage of bill into law

1. Bill is introduced by a member
2. Signed by authors and filed to the
Secretary of the House
May originate from either the
upper or lower house
3. First Reading

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4.

5.

6.

7.

8.

9.

Reading of number and title of

bill
Referral
to
appropriate
committee
for
study
and
recommendation
Committee may hold public
hearings
Committee will submit report
and
recommendation
for
schedule of second reading
Second Reading
Read in full with amendments
of the committee
Subject to debates, motions and
amendments
Voted
Calendared for third reading
Third Reading
Yeas or nays
Presidential
certification
dispenses with the printing and
the reading on separate days
Transmitted to other house for
concurrence
if approved without amendment
transmitted to the president
if introduces amendments to
which the other house does not
agree
with,
settled
by
Conference Committee
Conferences Committee Reports
Mechanism for compromising
differences between Senate and
the House
Comes from both chambers
Can
include
entirely
new
provision
Recommendation
will
be
approved by both houses in
order passed by congress
If
approved,
sent
to
the
president
Three reading on separate days
and printing copies rule does not
apply
Authentication of bills
Signing by the speaker and the
Senate President of the printed
copies
Certified by secretaries
Presidents approval or veto
Approve, sign
Veto, return bill to the house
where it originated + enter his
objections to the House Journal
Approval by Congress, 2/3 votes
of both houses voting separately
Approval by inaction, After 30
days after the receipt

C. Parts of Statutes
1. Preamble
Prefatory
statement
or
explanation or a finding of facts
Recites purpose reason or
occasion
Found after the enacting clause
and before the body
Combined with the explanatory
note in legislative acts
In PDs and Eos, essential
(people v. purisima)
2. Title
One title, one subject rule
(Article 6. Section 26 (1))mandatory, can render law
unconstitutional
Refrain from conglomeration
Meant to notify the legislators
and the public of its subject
Purpose
o Apprise the legislators of the
object, nature and scope of
the provisions of the bill
(Hodgepodge and logrolling)
o Prevent
enactment
of
matters which have not
received notice, action, study
of legislators (surprise fraud)
o Guide to ascertain legislative
intent
o Not required to be an index
(Philippine Judges Assoc vs.
Prado)
Subject of Repeal
o Still the title of repealed law
Construction
o Liberally construed, resolved
in favor of constitutionality
3. Enacting Clause
Written immediately after the
title
States the authority by which
the act is enacted
4. Purview or body of the statute
Tells what the law is all about
Constitutional requirement all
are allied and germane to the
subject and purpose of the bill;
not inconsistent
5. Separability Clause
Declaration of invalidity one
provisions will not affect the
other provisions
Can still invalidate if it will
render the law incomplete and
inoperable

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Presumption of effectivity as a
whole
6. Repealing clause
Does
not
declare
a
law
unconstitutional,
merely
repealed.
7. Effectivity clause
Law will specify
General: Art. 2 of Civil Code
Meaning of certain bills from lower house

(Tolentino v. Secretary of Finance)

Enactment of budget and appropriations

law
1.
2.
3.
4.

Budget Preparation
Budget Authorization
Budget Execution
Budget Accountability
General
Appropriation
billcontains specified sums of
money dedicated to specific
purpose

Restrictions in
revenue bills

passage

of

budget or

1. Congress may not increase the

appropriations recommended by
the President (Article 6 (1))
2. Each
provision
must
relate
specifically
to
particular
appropriation (Article 6 (2))
Prevention
of
inappropriate
provisions
o Repeal or amendment of a law
o Unconstitutional Provisions
o Infringement of local autonomy
of LGUs and fiscal autonomy of
the judiciary
3. Follow procedure in approving
appropriations(Article 6 (3))
4. Special
Appropriation
should
specify purpose (Article 6 (4))
5. Restriction
on
transfer
of
appropriation
Except:
o To realign savings to augment
any item in the GAA within their
respective offices
Requisite:
1. Funds are actually saving in
items of expenditures from
which it is taken
2. Purpose of augmenting items
only (Article 6 (5))
6. Discretionary funds requirementonly for public purposes(Article 6
(6))

7. Automatic Re-enactment (Article 6

(7))
8. Presidents veto power (Article 6
Sec 27 (2))
Item-veto (whole item veto)
Inappropriate provision veto
9. No funds spent except by law
(Article 6 Sec 29 (1))
Only Congress can authorize
expenditure
10.No public money or property for
religious purposes (Article 6 Sec 29
(2))
11.Money for special purpose treated
as special fund and paid out for
such purpose only; if purpose is
abandoned, shall be transferred to
general funds (Article 6 Sec 29 (3))
12.Education Priority (Article 6 Sec. 29
(3))
Power to issue its rules of proceedings

Each house may issue its own rules

subject
to
constitutional
requirements
Test of constitutionality of rules:
o Did not ignore any constitutional
restraint
o Did not violate fundamental
right
o Reasonable relationship with the
result

Unimpeachability of legislative journals

Conclusive only on matter the

constitution required to be recorded
therein
Otherwise, Enrolled bill will prevail

Enrolled Bill

Bills
passed
by
congress
authenticated by the Speaker and
the Senate President and approved
by the President
Importing absolute verity and is
binding on the courts
o
It carries on its face a solemn
assurance that it was passed by
the assembly by the legislative
and executive departments.
Courts cannot go behind the
enrolled act to discover what really
happened
o for respect to the legislative and
executive departments
If there has been any mistake in the
printing of the bill before it was
certified by the officer of the

Agpalo Notes|MCDR 3

assembly and approved by the

Chief Executive, the remedy is by
amendment by enacting a curative
legislation not by judicial decree.

Withdrawal of Authenticity

Withdraw of signatures
Nullifies the status of the enrolled
bill

Arroyo v. De Venecia
1. If no rights of private individuals are
involve but only those of a member,
Courts have no power to look into
internal proceedings
2. Courts cannot declare an act of
legislature void on account merely
of noncompliance with rules of
procedure made by itself
3. No viva voce voting needed on
motions
4. Enrolled bill doctrine
D. Issuances, Rules and Ordinances

Supreme Court Rule-making power

Presidential issuances

Are those which the president

issues in the exercise of ordinance
power
a. Executive Orders
b. Administrative Orders
c. Proclamations
d. Memorandum Orders
e. Memorandum Circulars
f. General or Special Orders

Administrative Rules and Regulations

Issued
by
administrative
or
executive officers
Have the force of law
Is a delegated legislative power
Delegation of legislative power
must be:
o Complete in itself-set for the
policy
o Fix
Standardlimits
are
sufficiently
determinate
or
determinable; delegate must
conform in the performance of
his functions
Cannot amend an act of Congress

Administrative
Distinguished

rule

and

Interpretation

Administrative rule and regulation

o makes a new law

binding in the courts even if not

in agreement with the wisdom
Administrative Interpretation
o Interprets a pre-existing law
o Advisory only, it is the courts
duty to interpret law. Not
binding
o

Article 8, Section 5 (5)

Art. 6, Sec. 30
It has been held that a law which
provides that a decision of a quasijudicial body be appealable directly
to the SC, if enacted without the
advice and concurrence of the SC,
ineffective. Remedy: CA
Rules of Court product of the rulemaking power of the SC
o Power to repeal procedural rules
o No power to promulgate rules
substantive in nature (unlike the
legislative department)
Substantive rules if it affects or
takes away vested rights; right to
appeal
Procedural rules means of
implementing existing right; where
to file an appeal for transferring the
venue

Legislative power of local government

units

The power of local legislative

bodies to enact ordinance
Barangay
ordinance,
municipal
ordinance, city ordinance and
provincial ordinance
Requisites:
1. Must
not
contravene
the
Constitution
2. Must not be unfair or oppressive
3. Must
not
be
partial
or
discriminatory
4. Must not prohibit but may
regulate trade
5. Must be general and consistent
with public policy
6. Must not be unreasonable
Barangay Ordinance

Sangguniang Baranggay
o smallest legislative body
o majority vote of members
o review
by
sangguniang
bayan or panglungsod

Municipal Ordinance

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Sangguniang Bayan

City Ordinance

Sangguniang Panglungsod

Provincial Ordinance

Sangguniang Panlalawigan

E. Validity of Statute
Presumption of constitutionality

Every statute is presumed valid

Presumption
that
legislature
decided
the
measure
as
constitutional
Presumption that President is
convinced of its validity
This is a decent respect due to the
wisdom,
integrity,
and
the
patriotism of the legislature and the
President to presume
of its
constitutionality
To declare a law unconstitutional:
o Clear
and
unequivocal
repugnancy
of
constitutionality of the law
Final authority to declare a law
unconstitutional
is
with
the
Supreme Court

Requisites for exercise of judicial power

1. Appropriate case
Bona fide case that raises a
justiciable controversy
Resolution depends on the decision
between the Constitution and the
challenged statute
Ripe for review
2. Standing to Sue (Locus Standi)
Personal and substantial interest
such that the party has sustained
or will sustain direct injury as a
result of the act challenged
Not incidental interest
a. Citizen- he had suffered some
actual or threatened injury as a
result of the act that is fairly
traceable (IBP v. Zamora)
b. Taxpayer- public funds have
been
disbursed
in
alleged
contravention of the law or the
Constitution; only when there is
an exercise by Congress of its
axing
or
spending
power
(Gonzales v. Narvasa)

c. Member
of
Congresscan
question the validity of a
presidential veto on an item in
GAA due to lack or excess in
authority of the President or
encroachment of powers to the
extent that such power is
impaired (Phil. Const. Assn v.
Enriquez)
Supreme Court can still take
cognizance of the case despite the
lack of standing due to the
following reasons:
o Issue is of transcendental
significance
o Paramount importance to the
public
3. Earliest time possible, raised
Ordinarily in the pleadings
Criminal Cases, at any stage of the
proceeding or on appeal
Civil Cases, only when it is needed
in the decision
When an act of the President is
seriously alleged to have infringed
the Constitution
4. Necessity
of
deciding
constitutionality
Court will not pass upon the validity
if it can decide the case on other
ground
Neither will decide when the issue
becomes moot, except when:
o Issue is of paramount public
interest
o Can serve as a guideline
o Capable of repetition
Test of Constitutionality

May be declared unconstitutional if:

Not within the power of the
legislature to enact
Violation
of
the
constitution,
directly or indirectly
If it is vague that it lacks
comprehensible standards that men
of
common
intelligence
must
necessarily guess at its meaning
and may differ in application
o Violates due process
o Gives
officer
unbridled
discretion
Unconstitutional due to change in
conditions as to delegation of
emergency powers
Tests of Validity
1. Must
not
contravene
the
Constitution
2. Must not be unfair or oppressive

Agpalo Notes|MCDR 5

3. Must
not
be
partial
or
discriminatory
4. Must not prohibit but may
regulate trade
5. Must be general and consistent
with public policy
6. Must not be unreasonable

Chapter
II:
Interpretation

Construction

Effects of Constitutionality

Orthodox View
o Unconstitutional act is not a
law,
confers
no
right;
imposes no duty; affords no
protection; creates no office;
inoperative as if it had not
been passed; stricken off the
statute books; no one can
invoke
Modern view
o Does not annul or repeal the
statue but simply refuses to
recognize it and determines
the rights of the parties just
as if such statute had no
existence; does not strike the
statue nor repeal, supersede,
revoke or annul the statue.
Only the parties to the suit
are bound.

Invalidity due to change of conditions

Unconstitutionality is not applicable

This is Emergency laws that are
self-expiring
All acts during the period are
considered a valid practice of
constitutional power

Partial invalidity

Invalid part of the statute has no

effect on the statute as a whole
Valid portion must be independent
of the invalid portion
Remaining must be complete,
intelligible and valid statue
Except: that when parts of a statute
are so mutually dependent and
connected,
as
conditions,
considerations, inducements, or
compensations for each other, as to
warrant a belief that the legislature
intended them as a whole, the
nullity of one part will vitiate the
rest

and

A. Nature and Purpose

Construction

Process of expounding the meaning

and intention of the authors of the
law
There is ambiguity in its language
or of the fact that the given case is
not explicitly provided in law

Rules of Construction

Law must
deficient

be

ambiguous

or

Purpose or Object of Construction

Give effect to the intent of the law

Legislative Intent

Vital part, essence of the law

Key to and the controlling factor in
statutory construction
Spirit that gives life to the
legislative enactment
Enforced even though inconsistent
with the letter

Legislative purpose

Reason why a particular statute

enacted by the legislature

Legislative meaning

What the law, by its language,

means
What it comprehends, covers, limits

Object of Inquiry

Not only to know what the

legislature meant by the language
use but also to determine whether
the language used sufficiently
expresses the meaning

Where legislative intent is ascertained

From the statute as a whole

If not within the statute, look into
the history, circumstances and the
mischief meant to address
B. Power to construe
Construction is a judicial function

Agpalo Notes|MCDR 6

Duty and power to interpret or

construe
a
stature
or
the
Constitution
belongs
to
the
Judiciary
Construes those who are ripe for
judicial declaration
Refrains from deciding moot cases

Legislature
cannot
construction

overrule

judicial

Judicial construction is a granted

power to the Judiciary by the
Constitution

When judicial interpretation may be set

aside

Supreme Court may change or

overrule its previous construction

When the Court may construe

Only when there is ambiguity

A statute is ambiguous if it is
admissible of two or more possible
meanings, Court will choose one
that is according to its true intent

Court may not construe when the law is

clear

First duty is to apply the law

Construction is the last function
that the court shall exercise

Verba Legis or Plain Meaning

Where the statute is clear and free

from ambiguity, it must be given
literal meaning and applied without
interpretation
Index animi sermo est

Rulings of the Supreme Court form part of

the legal system

Art 8 Civil Code

Rulings of the court shall become
part of the statute itself
Legis interpretato legis vim obtinet
Stare Decisis et noquieta novere

Judicial Rulings have no retroactive effect

This will impair a vested right

Article 4 of the Civil Code
Lex prospicit, non respicit
People in previous cases are in
good faith to believe that such
construction is valid

Only Supreme Court can

abandon a principle of law

modify

or

Article VIII, Sec 4 (3)

Court may issue guidelines in construing

statue
This is not a judicial legislation for the
court interprets based on the law and on
facts obtaining in the case and not on
future facts or circumstances
C. Limitations on Power to Construe
Courts may not enlarge nor restrict
statutes
Courts would not, by construction
revise even the most arbitrary and
unfair action of the legislature, nor
rewrite the law to conform to what
they think should be the law
Courts not to be influenced by
questions of wisdom courts do not
pass upon questions of wisdom,
justice, or expediency of legislation, for
it is not within their province to
supervise legislation and keep it within
the bounds of propriety and common
sense

Chapter III: Aids to Construction

A. In General
Aids to construction are those found
in the printed page, intrinsic aids
And those extraneous facts and
circumstance outside the printed
page, extrinsic aids
Title

May indicate the legislative intent

to extend or restrict the scope of
the law
Construed to conform to the
legislative intent disclosed in the
title
One title, one subject rule
Only when there is ambiguity

Preamble

States the purpose, reason or

justification for the enactment of
the law
Not an essential part of the statute
In some cases, may be the key of
the statute, to open the minds of
the lawmakers as to the purpose to

Agpalo Notes|MCDR 7

be achieved. The mischief to be

remedied and the object to be
accomplished, by the statute.

Policy of law

Context of the whole text

Context may circumscribe the

meaning of a statute; it may give a
word or phrase a meaning different
from
its
usual
or
ordinary
signification.

Punctuation marks

Semi-colon, separation in relation of

the thought, what follows must
have a relation to the same matter
which precedes it; makes the
division a little more pronounced
than a comma

Capitalization of letters

Dictionaries

Headnotes or epigraphs

Convenient index to the contents of

the provision
When a statute is divided into
several subjects or articles, having
respective appropriate headings, it
must be presumed that the
provisions of each article are
controlling upon the subject thereof
and operate as a general rule for
settling such questions embraced
therein

English, then Spanish.

If officially promulgated in English,
Spanish or Filipino, the language
which it is written prevails over its
transaction.

Intent or spirit of the law

It is the law itself

Controlling factor
What is within the spirit is within
the statute although it is not within
the letter and what is within the
letter and is not within the spirit is
not within the statute
No speculation of the intent and
meaning supplied not found in the
phraseology or else will usurp
legislative power

Where the law dos not define the

words used in a statute and the
legislature has not intended a
technical or special legal meaning
to those words, the court may
adopt the ordinary meaning of the
words as defined in the dictionaries

Consequences of various constructions

Lingual text

Give a statute with doubtful

meaning a construction that will
promote public policy
Carry into effect the evident policy
of the law should be adopted in
favor of that interpretation which
would defeat it
Purpose of law or mischief to be
remedies
Court must look to the object to be
accomplished, the evils to be
remedied, or the purpose to be
subserved and should give the law
a reasonable or liberal construction
which will best effectuate its
purpose

Arrive at a reasonable and sensible

interpretation that is in full accord
with the legislative intent
Rejected if will cause hardship,
absurdity, defeat legislative intent
or spirit; preclude accomplishment
of legislative purpose or object;
render surplusage; nullify the
statute or make any of its
provisions nugatory

Presumptions

Must be based on logic, experience

and common sense
Doubts will be resolved according
to presumptions
B. Legislative History
Generally

There is no better means of

ascertaining the will and intention
of the legislature than that which is
afforded by the history of the
statute

What constitutes legislative history

Agpalo Notes|MCDR 8

Refers to all antecedents from its

inception until its enactment into
law
Covers the period and steps done
from the time the bill is introduced
until it is passed by the legislature

Contains
measures

proposed

legislative

Explanatory note of the bill

Short exposition accompanying the

bill by author
May be used to determine intent
but should not be inconsistent with
what is expressed in the text

Debates and deliberations on the bill

In case of ambiguity, meaning

which was put into the provision
during the legislative deliberation
or discussion on the bill may be
adopted

Reports of Commissions

Commissions are usually formed to

compile and collate all laws on a
particular subject and to prepare
the draft of the proposed law

Courts may look into prior laws with

the same subject
Specially
applicable
in
interpretation of codes, revised, or
compiled statues, for the prior laws
which
have
been
codified,
compiled, or revised will show the
legislative history that will clarify
the intent of the law or shed light
on the meaning and scope of the
codified revised statute

Change in phraseology by amendments

Indicates the intent to change the

meaning of the provision from that
it originally had
Deliberate selection of language
differing from that of the earlier act
on the subject indicated that a
change that statute as to reflect
such in meaning

Amendment by deletion

When the deletion is just because

its a surplusage

Adopted Statutes

Local statutes are patterned after

or copied from those of another
country, decision of the courts in
such country construing those laws
are entitled to great weight in the
interpretation of such local statutes

Limitations of rule

Where the local law and the foreign

statue from which the former was
patterned differ in some material
aspects
where the foreign construction is
clearly erroneous or has not
become settled
where the adopting state has given
the statute its own interpretation

Principles of Common law

Prior laws from which the statute is based

Presumption that the legislature

would not have made the deletion
had the intention been not to affect
a change in its meaning

Exception

Presidents message

May be used if the statute is

modeled
upon
Anglo-American
precedents
In case of conflict with a statutory
provision, the latter prevails

Conditions at time of enactment

Consider the physical condition of

the country and the circumstance
then obtaining which must of
necessity affect its operation in
order to reach an understanding as
to the intent of the legislature, or as
to the meaning of the statute.

History of the times

History of the times out of which it

grew and to which it may be
rationally supposed to bear some
direct
relationship,
the
evils
intended to be remedied and the
good to be accomplished are proper
subjects of inquiry
C. Contemporary Construction
Generally

Agpalo Notes|MCDR 9

Construction
given
by
the
executive, legislature or judicial
authorities and other who, because
of their involvement in the process
of legislation, are knowledgeable of
the intent and the purpose of the
law(draftsmen or sponsors)
Contemporanea
exposition
est
optima et fortissimo in lege- the
contemporary construction is the
strongest in law

Executive Construction

to

Weight accorded to usage and practice

Optimus interpres rerum usus- The

best interpreter of the law is usage

Construction rules and regulations

It comes from the particular branch

of government called upon to
implement the law construed
Due to respect given to the
government agency or officials
charged with the implementation of
the
law,
their
competence,
expertness,
experience,
and
informed judgment and the fact
that they frequently are the drafters
of the law they interpret

When contemporaneous construction is

disregarded

Where there is no ambiguity

Where it is clearly erroneous
Where very strong reason to the
contrary exists
Where the court has previously
given the statue a different
interpretation

Erroneous contemporaneous construction

does not preclude correction nor create
rights; exception

No doctrine of estoppel even if the

error vested a right, may still be
corrected
A vested right may not arise from a
wrong interpretation of the law

Legislative Interpretation

contemporaneous

Probably the true expression of the

legislative purpose, entitled to
great weight

Interpretation n by those charged

with their enforcement is entitled to
great weight by the court for the
administrative agency has the
power to interpret its own rules and
such interpretation becomes part of
the rules

Reason

Construction placed upon the

statute
by
an
executive
of
administrative officer called upon to
execute of administer such statute
Construction made by an executive
or administrative officer directly
called upon to implement the law
o Expressed- embodied in a
circular,
directive
or
regulation
o Implied- interpretation by
usage or practice
Construction by the Secretary of
Justice
As chief legal adviser of the
government
Form of opinions issued upon
request
of
administrative
or
executive officials who enforce the
law
Controlling among administrative
and executive officials of the
government
President or Executive Secretary,
can modify, alter or reverse
construction of the secretary of DOJ
Interpretation in an adversary
proceeding in the form of a ruling
by an executive officer exercising
quasi-judicial function

Weight accorded
construction

Legislature may provide in the

statute itself an interpretative or
declaratory clause prescribing rules
of construction or indicating how its
provision should be construed

May define terms used in a statue

Though cannot limit or restrict the

power to construe by the courts

Legislative approval

Presumption
of
knowledge
contemporaneous construction

of

Agpalo Notes|MCDR 10

Legislature may approve or ratify

such
construction
through
reenactment with the similar words
used in the construction or
amending without nullifying such
construction
raihabitio mandato aequiparatur,
silence is acquiescence equivalent
to consent to continue the practice

Court may not assume some purpose in

no way expressed and then construe the
statute to accomplish it.

Reenactment

What is within the spirit is within the law

Most common act of approval

Stare decisis

Stare decisis et no quieta movere

Reipublicae ut sit finit litium,
interest of the stated demands that
there be an end in litigation
Sub silencio and obiter dictum,
does not come within stare decisis
Not absolute, may be abandoned
by the court when there is a conflict
between the precedent and the law

Chapter IV: Adherence to,

departure
form,
Language
Statute

or
of

A. Literal Interpretation

Dura lex sed lex

Equity is available only in the absence of

law

Aequitas
nunquam
contravenit
legis,
Equity
never
acts
in
contravention of the law

B. Departure
Interpretation

from

Court
may depart from
the
language of the statute if to do so
will
enable
it
to
effectuate
legislative intent and purpose

where

there

is

Construed in light of the object to

be achieved and the evil or
mischief to be suppressed

When the reason of law ceases, the law

itself ceases

Cessante ratione legis, cessa et

ipsa lex
ratio legis est anima, reason of the
law is its soul

Supplying legislative omission

Literal

Statute must be capable of interpretation,

otherwise inoperative

Applies only
ambiguity

Construction to accomplish purpose

Hoc quidem perquam durum est,

sed ita lex scripta est- it is
exceedingly hard but so the law is
written

Verba intentioni, non e contra,

debent inservire, words ought to be
more subservient to the intent and
not the intent to the words.
Intent of a statue is the law

Limitation of rule

Verbal egis
Verbal egis non est reddendum

Ratio legis, according to the spirit

or reason of law

Literal import must yield to intent

Literal meaning of plain meaning rule

Where a statute totally fails to

express a meaning, it is necessarily
inoperative
Interpretation fienda est ut res
magis
valeat
quam
pereat,
interpretation as will give the thing
efficacy is to be adopted

Words have been omitted that

should have been in the statue in
order to carry out its intent and
spirit
To make the statute confirm to its
obvious intent

Correcting clerical errors

May correct clerical errors, mistakes

or misprints which, if uncorrected,
would
render
the
statute
meaningless, empty or nonsensical
or would defeat or impair its
intended operation

Agpalo Notes|MCDR 11

Qualification

Only those which are clearly clerical

errors
or
obvious
mistakes,
omissions, or misprints

Construction to avoid absurdity

If the words of a statute are

susceptible of more than one
meaning, the absurdity of the result
of one construction is a strong
argument against its adoption
Interpretatio talis in amguis semper
fienda est evitetur inconneviens et
absurdum, Wherethe is ambiguity,
such imterpretation as will avoid
inconvenience and absurdity is to
be adopted

Construction to avoid injustice

Ea est accipienda interpretation

quae witio caret, interpretation is to
be adopted which is free from evil
or injustice

Construction to avoid danger to public

interest

Where great inconvenience will

result, or great public interest will
be endangered or sacrificed, or
great mischief done, from a
particular construction of a statue,
such construction is to be avoided

Construction in favor of right and justice

Jure naturae aequun deud est

neminem cum alterius detriment et
injuria fieri locupletiorem
Ninguno no deud enriquecerse
tortizeramente con dao de otro
The fact that the statute us silent,
obscure or insufficient with respect
to a question before the court will
not justify to render judgment
thereon

Surplusage and superfluity disregarded

Surplusagium
non
noceat,
surplusage does not vitiate the
statute
Utile per inutile non vitiatur, nor the
useful vitiated by non-useful

Law does not require the impossible

Law obliges no one to perform an

impossibility
Nemo tenetur ad imposible
There is no obligation to do an
impossible
thing,
impossibilium
nulla obligation est

Number and gender of words

When the context of a statute so

indicated, words in plural include
the singular and viceversa.
The
masculine, but not the
feminine, includes all genders
C. Implications
Doctrine of Necessary Implication

No statute can provide all the

details involved in its application
Gaps in the law develop as the law
is enforced
What is implied in a statute is as
much part as what is expressed
Ex necessitate legis, from the
necessity of the law

Every statutory grant of power, right or

privilege is deemed to include all
incidental power, right or privilege.

Greater includes the lesser, in eo

quod plus sit, semper inest et
minus

Remedy implied from the right

Where there is a right, there is a

remedy for violation thereof
Ubi jus, ibi remedium
Existence of a right implies a
corresponding obligation
The fact that the statute is silent as
to the remedy does not preclude
him from vindicating his right, for
such remedy is implied from such
right

Grant of Jurisdiction

Jurisdiction to hear and decide

cases
is
conferred
by
the
Constitution or by Statute, no else

What may be implied from the grant of

jurisdiction

Where the court has jurisdiction

over the main cause of action, it
can grant relief incidental thereto,

Agpalo Notes|MCDR 12

even if they would otherwise be

outside of its jurisdiction

Grant of power includes incidental power

Where general power is conferred

or duty enjoined, every particular
power necessary for the exercise of
one or the other is also conferred

Grant of power excludes greater power

Grant of power should be limited

What is implied should not be against the

law

e.g. while the power to appoint

ordinarily carries the power to
suspend or remove, it can still be
restricted
by
constitutional
limitations

Authority to charge against public funds

may not be implied
Illegality of act implied from prohibition

An act done that is prohibited

render the act null and void
Ex dolo malo no oritur action
No man can be allowed to found a
claim upon his own wrong doing or
inequity
Nullus commodum capere potest de
injuria sua propria
No man should be allowed to take
advantage of his own wrong
In pari delicto potior est condition
defendentis

Exception

It
will
not
apply
when
its
enforcement will violate an avowed
fundamental
policy
or
public
interest
What cannot be done directly
cannot be done indirectly
Quando aliquid
prohibetur
ex
directo, prohibetur et per obliquum

Chapter V: Interpretation of words

and phrases
A. In General
Generally

Words or phrase used in a statute

may;

o
o

Have an ordinary, generic,

restricted, technical, legal,
commercial or trade meaning
May be define in the statute
itself
May have previously received
a judicial construction
That which effectuates the
intent shall be used

Statutory definition

Defined in the statute

Legislative definition is controlling
Does not usurp the courts ability to
interpret but merely legislates what
should be part of the law itself

Qualification

Does not apply if application will

result to incongruity, destroys
major purpose or becomes illogical

Words construed in their ordinary sense

In absences of legislative intent,

ordinary meaning
Courts should not presume that the
lawmaking body does not know the
meaning of the words and the rules
of grammars
Ubilex non distinguit nec nos
distinguere debemos

General words construed generally

Unless shown that the word is

intended to be given a different or
restricted meaning
Generalia verba sunt generaliter
intelligenda
What is generally spoken shall be
generally understood or general
words shall be understood in a
general sense
Generale dictum genereliter est
interpretandum
General statement is understood in
a general sense

Generic term includes things that arise

thereafter

Progressive interpretation- extends

by construction the application of a
statute to all subjects or conditions
within its general purpose or scope
that
come
into
existence
subsequent to its passage and thus

Agpalo Notes|MCDR 13

keeps legislation from becoming

ephemeral and transitory
Words with commercial or trade meaning

Words in common use among

merchants and traders should not
be
given
a
new
strange
interpretation given such trade or
commercial meaning as has been
generally
understood
among
merchants

Words with technical or legal meaning

presumption is that the language

used in the statute, which has a
technical or well-known meaning, is
used in that sense by the
legislature

How identical terms in the same statute

construed

Same meaning throughout the

statute, unless a different intention
appears or is clearly expressed

Meaning of word qualified by purpose of

statute

purpose
may
indicate
what
meaning should be given to a word
construction should be adopted
which will most tend to give effect
to the manifest intent of the
lawmaker and promote the object
was enacted
rejected if abortive of the provisions

Word or phrase construed in relation to

other provisions

Must be interpreted in relation to

other provisions of law

or disjunctive term signifying

disassociation and independence of
one thing from each of the other
things enumerated
o may sometimes mean and
depending on the intent
o used as an equivalent of
that is to say giving
precedes
it
the
same
significance as that which
follows it
o may mean successively as
no one has the authority to
proceed if there is any
person previously mentioned
therein
and
conjunction
meaning
together with, joined with,
along with, added to or linked
to
o Used to conjoin word with
word, phrase with phrase,
lcause with clause
o Does not mean or, unless
literal interpretation would
pervert the plain intention of
the legislature as gleaned
from the context of the
statute or from external
factors
o Joinder or union
o binding together, relating
the one to the other
o and/or conjunctive and
disjunctive
o Will be taken accordingly to
the intent of the legislator
B. Associated Words
Noscitur a sociis

Meaning of term dictated by context

A word is to be understood in the

context in which it is used
Verba accipienda sun secundum
materiam

Where the law does not distinguish

Where the law does not distinguish,

courts should not distinguish
Ubilex non distinguit, nec nos
distinguere debemus

Disjunctive and conjunctive words

Where a particular word is obscured

or of doubtful meaning, taken by
itself, the obscurity or doubt may
be removed by reference to the
meaning
of
associated
of
companion words

Ejusdem Generis

Same kind of specie

Where a general word or phrase
follows an enumeration of particular
and specific word of the same class
or where the latter follow the
former, the general word of phrase
is to be construed to include, or be
restricted to, persons, things or
cases akin to, resembling, or of the

Agpalo Notes|MCDR 14

same king or class as those

specifically mentioned
Purpose is to give effect to both
particular and general words

Limitations/Requisites

Statute contains an enumeration of

particular & specific words, followed
by general word or phrase
Particular
and
specific
words
constitute a class or are the same
kind
Enumeration of the particular &
specific words is not exhaustive or
is not merely by examples
There is no indication of legislative
intent to give the general words or
phrases a broader meaning
Do not defeat the intent

Expressio unius est exclusion alterius

The express mention of one person,

thing or consequence implies the
exclusion of all others.
Expressum facit cessare tacitum,
what is expressed puts an end to
that which is implied where a
statute, by its terms, is expressly
limited to certain matters, it may
not,
by
interpretation
or
construction, be extended to other
matters.
Exceptio firmat regulam in casibus
non exceptis, A thing not being
excepted must be regarded as
coming within the purview of the
general rule
Expressio unius est exclusion
alterius , The expression of one or
more things of a class implies the
exclusion of all not expressed, even
though all would have been implied
had none been expressed; opposite
the
doctrine
of
necessary
implication
used in construction of statutes
granting powers, creating rights
and remedies, restricting common
rights, imposing rights & forfeitures,
as
well
as
statutes
strictly
construed.

Negative-Opposite doctrine

Argumentum a contrario, what is

expressed puts an end to what is
implied.

Limitations

Cannot be used to defeat the

plainly indicated purpose of the
legislature
no more than auxiliary rule of
interpretation to be ignored where
other circumstances indicate that
the enumeration was not intended
to be exclusive.
Does not apply where enumeration
is by way of example or to remove
doubts only.

Doctrine of Cassu Omissus

Cassus
omissus
pro
omisso
habendus est
A person, object or thing omitted
from an enumeration must
be held to have been omitted
intentionally.

Doctrine of last antecedent

Qualifying words restrict or modify

only the words or
phrases
to
which
they
are
immediately associated not those
which are distantly or remotely
located.
Ad proximum antecedens fiat
relatio nisi impediatur
Sentential, relative words refer to
the nearest antecedents, unless the
context otherwise requires

Qualification

Subject to the exception that where

the intention of the law is to apply
the phrase to all antecedents
embraced in the provision, the
same should be made extensive to
the whole.
Doctrine does not apply where the
intention is not to qualify the
antecedent at all.

Reddendo singular singulis

Variation of doctrine of last

antecedent
Each to each
Referring each phrase or expression
to its appropriate object, or let each
be put in its proper place, that is,

Agpalo Notes|MCDR 15

the
word
should
distributively.

be

taken

C. Provisos, Exceptions and Saving

Clauses

Repugnancy between proviso and main

proviso

Provisos, generally

To limit the application of the

enacting
clause,
section,
or
provision of a statute, or to except
something therefrom, or to qualify
or restrain its generality, or to
exclude some possible ground of
misinterpretation of it, as extending
to cases not intended by the
legislature to be brought within its
purview
To restrain or qualify the generality
of the enacting clause or section to
which it refers
Limit or restrict, not enlarge

Exceptions

Proviso may enlarge scope of law

Legislature does not always use it

correctly, when there is ambiguity,
ascertain legislative intent
Proviso as additional legislation

Proviso as additional legislation

Expressed in the opening statement

of a section of a statute
Would mean exactly the reverse of
what is necessarily implied when
read in connection with the
limitation
To limit generalities and exclude
from the scope of the statute that
which otherwise would be within its
terms

Proviso qualifies

Only
the
phrase
immediately
preceding it or restrains or limits
the generality of the clause that it
immediately follows
Construed with the immediately
preceding part of the provision

Exception

If there is contrary legislative intent

consists of that which would

otherwise be included in the
provision from which it is excepted.
exempts
something
from
the
operation of a statute by express
words.
except, unless otherwise, and
shall not apply
Construed as such if it removes
something from the operation of a
provision of law
Exceptio firmat regulam in casibus
exceptis,
A
thing
not
being
excepted, must be regarded as
coming within the purview of the
general rule.

Exception and proviso distinguished

Harmonize first for its not meant to

repeal or destroy the main proviso
In case of irreconcilable difference,
that is located in the later portion
prevails

Exception
o Exempts
something
absolutely from the statute
o Takes out of the statute
something
that
would
otherwise be a part of the
subject matter of it
o Part of the enactment itself
Proviso
o Defeats
its
purpose
conditionally
o Avoids
by
means
of
defeasance or excuse
o Enactment is modified by
engrafting
upon
a
new
provision,
by
way
of
amendment,
providing
conditionally for a new case

Saving Clause

Operates to except from the effect

of the law what the clause provides
Save
something
which
would
otherwise be lost
Except or save something from the
effect of a repeal of a statute

Agpalo Notes|MCDR 16

Chapter VI: Statute Construed as a

whole and in relation to other
statutes

Special and general provisions in the

same statute

A. Statute Construed as a whole

Generally

Statute is passed as a whole and

not in parts or sections and is
animate by one general purpose or
intent
Whole and every part of the statute
must be construed together
Never:
o Divide
by
process
etymological dissertation
o Separate the words
o Separate context
o Base
definitions
lexicographer

Construction as not to render provision

nugatory
Reason

of

on

Intent ascertained from statute as whole

intent
should
be
extracted/ascertained from statutes
as a whole
the law is the best expositor of
itself
Optima Statuti Interpretatio est
ipsum
statutum,
the
best
interpreter of a statute is the
statute itself

Purpose or context as controlling guide

Particular meaning to be attached

to any word or phrase is usually to
be ascertained from the context

Giving effect to the statute as a whole

Statute is enacted in whole and not

in parts, or sections, implies one
part is as important as the other
Ut res magis valeat quam pereat,
construction is to be sought which
gives effect to the whole of the
statute

Apparently
reconciled

conflicting

Legislature enacted a statute

whose provisions are in harmony
and consistent with each other and
that conflicting intentions on the
same statute are never supposed or
regarded

Qualification

Particular or special provision must

be operative, as an exception to the
general provision

provisions

All provisions even if apparently

contradictory, should be allowed to
stand
and
given
effect
by
reconciling them

Reject one which is least in accord

with the general plan of the whole
statute; or
The last in order of position, unless
intent shows otherwise

Construction as to give life to law

Interpretatio fienda est ut res magis

valeat quam pereat
Interpretation as will give the thing
efficacy is to be adopted
Ut res magis valeat quam pereat
Interpret a statute as to give it
efficient operation and effect as a
whole

Construction to avoid surplusage

Presumption that legislature did not

insert
a
provision
which
is
unnecessary and a surplusage

Statute and its Amendments construed

together

Amendment should be harmonized

and construed with the earlier
provision of the charter to the end
that
said
provision
and
the
amendment are both given effect
B. Statute Construed in relation to
Constitution and other Statute
Statute Construed in harmony of the
Constitution

Statute should not be interpreted

independently of the constitution

Agpalo Notes|MCDR 17

Presumption of the intention to

enact a valid, sensible, and just law
and one which operated no further
than
may
be
necessary
to
effectuate the specific purpose of
the law

Statutes in pari materia

Interpretare et concordare leges

legibus est optimus interpretandi
modus, every statute must be so
construed and harmonized with
other statutes as to form a uniform
system of jurisprudence
Distingue tempora et concordabis
jura, distinguish times and you will
harmonize the laws

Reasons why laws on same subject are

reconciled

The
presumption
that
the
legislature took into account prior
laws when they enacted the new
one.

Where harmonization is impossible

One has to give way in favor of the

other, earlier one must yield to the
later one being the later expression
of the legislative will

General and special statutes

Special must prevail since it evinces

the legislative intent more clearly
that of a general statute and must
be taken as intended to constitute
an exception to the general act

Reason

Relate to the same person or thing,

or have the same purpose or
object, or cover the same specific
or particular subject matter

How to construe in pari materia

Qualifications/Exception

Legislature in passing a law of

special character has its intention
directed to the special fact and
circumstances which the special act
is intended to meet

Where
the
legislature
clearly
intended
the
later
general
enactment to cover the whole
subject and to repeal all prior laws
inconsistent therewith, general law
prevails over a special law
Where the special law mere
establishes a general rule while a
general law creates a specific
special rule

Reference Statutes

Refers to other statutes and makes

them applicable to the subject of
legislation
Adoption by reference of a statute
that
was
previously
repealed
revives the statute

Supplemental Statutes

Supply deficiencies in an existing

statute and to add, to complete, or
to extend the statute without
changing or modifying its original
text

Reenacted statutes
statute which reenacts a previous statute or provision.
Reproducing an earlier statute with the same or
substantially the same words.

Adoption
construction

of

contemporaneous

take into account prior contemporaneous construction

and give due weight and respect to it

Qualification of the rule

applicable only when the statute is capable of the
construction given to it and when that construction has
become a settled rule of conduct

Adopted statutes
a statute patterned after a statute of a foreign country.
Court should take into consideration how the courts of
other country construe the law and its practices

Chapter VII
Construction

Strict

or

Liberal

A. In General
Generally

Agpalo Notes|MCDR 18

depend upon the nature of the

statute, purpose to be subserved,
and mischief to be remedied
to
give
the
statute
the
interpretation
that
will
best
accomplish the end desired and
effectuate legislative intent

B. Statutes Strictly Construed

Penal Statutes

Strict construction, generally

according to the letter

recognizes nothing that is not
expressed, takes the language used
in its exact meaning, and admits no
equitable consideration
scope of the statute shall not be
extended
or
enlarged
by
implication,
intendment,
or
equitable consideration beyond the
literal meaning of its terms

Liberal Construction, defined

Equitable construction as will

enlarge the letter of a statute to
accomplish its intended purpose,
carry out its intent, or promote
justice
words should receive a fair and
reasonable interpretation, so as to
attain the intent, spirit and purpose
of the law

Liberal construction applied, generally

Ambiguous and capable of more

than one construction
To save statute from obliteration
Legitimate exercise of judicial
power
Construction to promote social
justice
Enshrined in the Constitution

Penal Statutes strictly construed

Expansive application to attain the

general welfare
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

Against the state

In favor of the accuse
Cannot be enlarged or extended by
intendment, implication or any
consideration
Doubt resolved in favor of the
accused
To
safeguard
the
rights
of
defendant

Reason

Law is tender in favor of the

weights if an individual
Acts mala in se and mala prohibita
to constitute a crime, evil intent
must combine with an act
Actus non facit reum nisi mens sit
rea, act itself does not make a man
guilty unless his intention were so
Actus me invite factus non est
meus actus, an act done byme
against my will is not my act

Limitation

Construction taking into consideration

general welfare or growth civilization

Punishments
are
imposed
for
violation or transgression of their
provisions
Commands or prohibit acts, and
establish
penalties
for
their
violence
Impose penalty upon commission

Strict construction should not be

permitted to defeat the intent,
policy and purpose of the statute
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
Applies only when the law is
ambiguous

Statutes in derogation of rights

Agpalo Notes|MCDR 19

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
When there are two 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

Exercise of right of eminent domain

Derogation of private rights
Against the state
In favor of the owner of the land

Statutes granting tax exemptions

Statutes granting privileges

Privilegia
recipient
largam
interpretationem voluntati
consonam concedentis, privileges
are to be interpreted in accordance
with the will of him who grants
them
against grantee
in favor of grantor

Legislative grants to local government

units

Grants of public nature

Against the grantee
In favor of grantor

Statutory grounds for removal of officials

Removal is to be confined within

the limits prescribed for it
Remedy of removal is a drastic one
and penal in nature

Naturalization laws

Against the applicant

In favor of the state
Grant of privilege

Statutes imposing taxes and customs

duties

In favor of payer
Destructive power which interfered
with the personal and property
rights of the people
Takes a portion of their property

Against payer
In favor taxing authority
Proof rests upon the taxpayer
claiming to be exempted
Law frowns against exemption from
taxation because taxes are the
lifeblood of the nation
Minimize the different treatment
and foster impartiality, fairness,
and equality of treatment among
taxpayers
Qualification/Exemption
Where provision of the law is clear
and unambiguous
does not apply in the case of tax
exemptions
in
favor
of
the
government itself or its agencies for
it will minimize spending

Statutes concerning the sovereign

Restrictive statutes which impose

burdens on the public treasury or
which diminish rights and interests
Unless
so
specified,
the
government does not fall within the
terms of any legislation

Statutes authorizing suits against the

government

Art. XVI, Sec. 3, The State may not

be sued without its consent
Nullum tempus occurrit regi, there
can be no legal right as against the
authority that makes the law on
which the right depends
not to subject the state to
inconvenience
and
loss
of
governmental efficiency
no action against officers
consent
does
not
cover
garnishment

Statutes prescribing formalities of the will

Against the government

Agpalo Notes|MCDR 20

In accordance with the statutory

requirements
apply the intent of the legislators
and not that of the testator

Exceptions and provisos

Statutes
imposing
nonpayment of tax

Should be strictly but reasonably

construed
Against exceptions and provisos
In favor of general rule

General social legislation

Enacted To implement the social

justice
and
protection-to-labor
provisions of the Constitution
Includes labor laws, tenancy laws,
land reform laws, and social
security laws

General Welfare Clause

In favor of LGUs
give
more
powers
to
local
governments in promoting the
economic condition, social welfare,
and material progress of the people
in the community

Grant of power to local governments

implied power of a province, a city,

or a municipality shall be liberally
construed in its favor. Any fair and
reasonable
doubt as to the
existence of the power should be
interpreted in favor of the local
government and it shall be
presumed to exist

Statutes granting taxing

municipal corporations)

power

liberally construed in favor of

government and strictly construed
against the taxpayer
to hasten tax payments or to
punish evasions or neglect of duty
in respect thereto

Reasonably and liberally construe

to achieve purpose, to effectuate
and safeguard the will of the
electorate in the choice of their
representatives
Provisions for the conduct of
elections which election officials are
required to follow
o Before election mandatory
o After election directory
o Remedy
against
election
official who did not do his
duty criminal action against
them
Provisions which candidates for
office are required to perform
o Mandatory and fatal
Procedural rules which are designed
to ascertain, in case of dispute, the
actual winner in the elections
o liberally construed in favor of
the winner

Amnesty proclamations

liberally construed as to carry out

their purpose to encourage to
return to the fold of the law of those
who have veered from the law
in favor of accused
against the state
pardon same

(on

LGU dont have inherent power of

taxation
Against LGU

Statutes prescribing prescriptive period to

collect taxes

for

Election laws

C. Statutes Liberally Construed

penalties

liberally affording protection to the

taxpayers

Statutes
crimes

prescribing

prescriptions

of

In favor of the accused

Against the state
time wears off proof and innocence

Adoption

construed in favor of the child to be

adopted

Agpalo Notes|MCDR 21

Veteran and pension laws

liberally
grantee

construed

in

favor

of

Rules of Court

Liberally in favor of the purpose,

the proper and just determination
of a litigation

Other Statutes

Curative statutes
Redemption laws- in favor of
purpose, to enable the debtor to
recover his property
Statutes providing exemptions from
execution are interpreted liberally
in order to give effect to their
beneficial and humane purpose
Ware-house receipt laws
Probation laws- give first-hand
offenders a second chance to
maintain his place in society
through the process of reformation
Statute granting powers to an
agency

Agpalo Notes|MCDR 22

Chapter X: Amendment Revision

and Repeal

A. Amendment
Power to amend

Part of legislative power

Should not impair obligations of
contract
Change the meaning

How amendment effected

the change or modification, by

deletion, alteration, of a statute
which survives in its amended form
amendment of a statute is effected
by the enactment of an amendatory
act modifying or altering some
provisions of a statute
Express amendment- done by
providing in the amendatory act
that specific sections or provisions
of a statute be amended as recited
therein or as common indicated, to
read as follows.

Meaning of law changed by amendment

Neither presumed of favored

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
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

unless the contrary is provided or

the legislative intent to give it a
retroactive effect is necessarily
implied from the language used
and only if no vested right is
impaired

Effect of Amendment on Vested Rights

Cannot impair vested rights and obligations

of contract, original act continues to be in
force with regard to all rights that had

accrued prior to the amendment or

to obligations that were contracted
under the prior act and such rights
and obligations will continue to be
governed by the law before its
amendment

Effect of amendment on jurisdiction

When amendment takes effect

given a construction different from

the law prior to its amendment,
would not have amended it had not
it not wanted to change its meaning

Amendment Operates Prospectively

Amendment by implication

Statute and amendment are read

as a whole
Amendment
act
is
ordinarily
construed as if the original statute
has been repealed and a new
independent act in the amended
form had been adopted
regarded as if the statute has been
originally enacted in it amended
form
becomes part of the original statute
Read in a connection with other
sections as if all had been enacted
in the same statute

Jurisdiction of a court to try cases is

determined by the law in force at
the time the action is instituted
Jurisdiction remains with the court
until the case is finally decided
therein

Art 2 NCC
Effect of nullity of prior or amendatory act

How amendment is construed, generally

Where a statute which has been

amended is invalid, nothing in

Agpalo Notes|MCDR 23

effect has been amended. The

amendatory act, complete by itself,
will be considered as an original or
independent act
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.

B. Revision and Codification

Generally

to restate the existing laws into one

statute and simply complicated
provisions, and make the laws on
the subject easily found

Change in phraseology

Construction
provisions

to

harmonize

different

Presumed
that
author
has
maintained a consisted philosophy
or position.
different provisions of a revised
statute or code should be read and
construed together.
code is enacted as a single,
comprehensive statute, and is to be
considered as such and not as a
series of disconnected articles or
provisions.
A irreconcilable conflict between
parts of a revised statute or a code,
that which is best in accord with the
general plan or, in the absence of
circumstances upon which to base
a choice, that which is later in
physical position, being the latest
expression of legislative will, will
prevail

What is omitted is deemed repealed

all laws and provisions of the old

laws that are omitted in the revised
statute or code are deemed
repealed, unless the statute or code
provides otherwise
revision or codification is, by its
very nature and purpose, intended
to be a complete enactment on the
subject and an expression of the
whole law thereon, which thereby
indicates intent on the part of the
legislature
to
abrogate
those

provisions of the old laws that are

not reproduced in the revised
statute or code
Possible only if the revised statute
or code was intended to cover the
whole subject to is a complete and
perfect system in itself
subsequent statute is deemed to
repeal a prior law if the former
revises the whole subject matter of
the former statute.
When both intent and scope clearly
evince the idea of a repeal, then all
parts and provision of the prior act
that are omitted from the revised
act are deemed repealed

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
condensation is necessary
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\

Continuation of Existing Laws

codification should be construed as

the continuation of the existing
statutes
codifiers did not intend to change
the law as it formerly existed

C. Repeal
Power to repeal

Power to repeal a law is as

complete as the power to enact one
legislature cannot in and of itself
enact irrepealable laws or limit its
future legislative acts
to officially make a law no longer
valid

Repeal

Total repeal revoked completely

Agpalo Notes|MCDR 24

Partial
repeal

leaves
the
unaffected portions of the statute in
force.
A particular or specific law,
identified by its number of title, is
repealed is an express repeal.
All other repeals are implied repeals
Failure to add a specific repealing
clause indicates that the intent was
not to repeal any existing law,
unless
an
irreconcilable
inconsistency and repugnancy exist
in the terms of the new and old
laws, latter situation falls under the
category of an implied repeal
Repealed only by the enactment of
subsequent laws.
The change in the condition and
circumstances after the passage of
a law which is necessitated the
enactment of a statute to overcome
the difficulties brought about by
such change does not operate to
repeal the prior law, nor make the
later statute so inconsistent with
the prior act as to repeal it

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
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
categories of repeals by implication
o 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.
o 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

Two statutes covering the same

subject that are clearly inconsistent
and incompatible that they cannot
be reconciled or harmonized
Both cannot be given effect, one
law cannot be given effect without
nullifying the other
Implied repeal earlier and later
statutes should embrace the same
subject and have the same object
Irreconcilable
inconsistency
between to laws embracing the
same subject may also exist when
the later law nullifies the reason or
purpose of the earlier act, so that
the latter law loses all meaning and
function
Leges posteriores priores contrarias
abrogant, a later law repeals the
prior law on the subject which is
repugnant thereto)

Implied repeal by revision or codification

Revised statute is in effect a

legislative
declaration
that
whatever is embraced in the new
statute shall prevail and whatever
is excluded there from shall be
discarded
Must be intended to cover the
whole subject to be a complete and
perfect system in itself in order that
the prior statutes or parts thereof
which are not repeated in the new
statute will be deemed impliedly
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

Other forms of implied repeal

most powerful implication of repeal

is that which arises when the later
of two laws is expressed in the form
of a universal negative, negative
statute
repeals
all
conflicting
provisions unless the contrary
intention is disclosed

Agpalo Notes|MCDR 25

Legislative intent to repeal is also

shown where it enacts something in
general term and afterwards it
passes another on the same
subject, which though expressed in
affirmative language introduces
special conditions or restrictions,
subsequent statute will usually be
considered
as
repealing
by
implication the former regarding
the
matter
covered
by
the
subsequent act

All laws or parts thereof which are

inconsistent with this Act are hereby
repealed
or
modified
accordingly,
construed.

Repealing clause
Not express repealing clauses
because it fails to identify or
designate the act or acts that are
intended to be repealed
Predicated the intended repeal
upon
the
condition
that
a
substantial conflict must be found
on existing a prior acts of the same
matter

Presumption
is
against
inconsistency or repugnancy and,
accordingly, against implied repeal
Legislature is presumed to know
the existing laws on the subject and
not to have enacted inconsistent or
conflicting statutes.
doubt should be resolved against
implied repeal.

Leges posteriors priores contrarias

abrogant
Applies even if the later act is made
to take effect ahead of the earlier
law.
As between two acts, the one
passed later and going into effect
earlier will prevail over one passed
earlier and going into effect later

There is always a partial repeal

where the later act is a
special law
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

As between two laws, one passed later

prevails

Generalia specialibus non derogant,

a general law does not
nullify a specific or special law
General and special laws are read
and construed together, and that
repugnancy
between
them
is
reconciled by constituting the
special law as an exception to the
general law

When special or general law repeals the

other

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

Repeal by implication not favored

General law does not repeal special law,

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

On jurisdiction, generally

Agpalo Notes|MCDR 26

Jurisdiction is determined by law

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
jurisdiction
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

applicable to statutes which repeal

tax laws

Effect of repeal and reenactment

Effect of repeal of penal laws

jurisdiction to try criminal case

Once acquired, jurisdiction remains

with the court until the case is
finally determined
Unless
contrary
is
provided,
prohibitory word are used, or the
criminal law violated is itself
repealed

On actions, pending or otherwise

Rule: repeal of a statute defeats all

actions and proceedings, including
those, which are still pending,
which arose out of or are based on
said statute

On vested rights

repeal of a statute does not destroy

or impair rights that accrued and
became vested under the statute
before its repeal

On contracts

repeal or amendment of said law

will not affect the terms of the
contract nor impair the right of the
parties

Effect of repeal of tax laws

Rule
favoring
a
prospective
construction
of
statutes
is

does not affect the rights and

liabilities which have accrued under
the original statute, since the
reenactment neutralizes the repeal
and continues the law in force
without interruption

Where the repeal is absolute, so

that the crime no longer exists,
prosecution of the person charged
under the old law cannot be had
and the action should be dismissed,
act which was penalized by a prior
law ceases to be criminal under the
new law, the previous offense is
obliterated
deprives the courts of jurisdiction to
try, convict, and sentence, persons,
charged with violations of the old
law prior to the repeal
Reason: the repeal of a penal law
without
disqualification
is
a
legislative act of rendering legal
what is previously decreed as
illegal, so that the person who
committed it is as if he never
committed an offence
Exception:
where the repealing act reenacts
the statute and penalizes the same
act previously penalized under the
repealed law, the act committed
before reenactment continues to be
a crime, and pending cases are not
thereby affected.
Where the repealing act contains a
saving
clause
providing
that
pending actions shall not be
affected, the latter will continue to
be prosecuted in accordance with
the old law.

Distinction as to effect of repeal and

expiration of law

In absolute repeal, the crime is

obliterated and the stigma of
conviction of an accused for
violation of the penal law before its

Agpalo Notes|MCDR 27

repeal is erased, expiration does

not

o
o

Effect of repeal of municipal charter

repeal of a charter destroys all

offices under it, and puts an end to
the functions of the incumbents
conversation of a municipality into
a city by the passage of a charter
or a statute to that effect has the
effect of abolishing all municipal
offices then existing under the old
municipality
offices
then
the
existing under the old municipality,
save those excepted in the charter
itself.

Repeal or nullity of repealing law, effect of

the law first repealed shall not

thereby revived unless expressly so
provided
Where a repealing statute is
declared unconstitutional, it will
have no effect of repealing the
former statute, the former or old
statute continues to remain in force

Chapter XI: Constitutional Construction

Constitutional Construction

Fundamental law which sets up a

form or government and defines
and delimit the powers thereof
Basis by government, established
by the people in their sovereign
capacity to promote their happiness
and to promote their happiness and
to secure their rights, property,
independence and common welfare
Written charter by the people
(government is for them)
Permanent in nature that is to say
that it is intended not only to meet
existing conditions but also the
future
Enumerates general principles and
general directions to apply to all
new facts
Supreme, imperious, absolute and
unalterable

Origin and History of the Philippine

Constitutions

1987 Constitution

1935
o

1973
o

Revision of the 1935 and

1973 Constitutions
Adopted after the EDSA
Revolution
Constitution
Adopted by the Philippine
(Islands) subject to the
conditions of the TydingsMcduffie Law
Constitution
Adopted in response to
popular
clamor
for
meaningful changes in the
fundamental laws to meet
mounting problems of the
country

Primary
Purpose
Construction

of

Constitutional

Ascertain the intent or purpose of

the framers of the constitution as
expressed in the language of the
fundamental law and assure its
realization
Fundamental purpose: to protect
and enhance the peoples interests
as a nation collectively and as
persons individually

Construction construed as enduring for

ages

Not intended to provide merely for

the exigencies of a few years but
too endure through a long lapse of
ages
Continuing instrument
Dynamic process
Progressive and not static

How language of Constitution construed

Do not have narrow or constricted

meaning
Used in broad sense, to cover all
contingencies
Plain, clear and unambiguous
language of the constitution should
be construed in that sense and
should not be given a construction
that changes its meaning

Aids to construction, generally

History or realities existing at the

time of the adoption of the
constitution, proceedings of the
convention,
changes
in
phraseology, prior laws and judicial

Agpalo Notes|MCDR 28

decisions,
contemporaneous
constructions and consequences of
alternative interpretations
Construction that tends to respond
to changing conceptions of political
and social values

Realities existing at the time of adoption;

object to be accomplished

They are, at best, negative guides

which cannot prevail over the
positive provisions finally adopted
by the constitution
Consequences of alternative constructions

Help unravel the intent behind the

constitutional provision

Proceedings of the Convention

If provisions are clear, no need to

construe.
Because
while
a
members opinion in valuable, it is
not necessarily expressive of the
peoples intent
In short, helpful, but not conclusive
Because it is not from the
convention that the Constitution
derives its force but from the
people

Contemporaneous
writings

constructions

Previous laws and judicial rulings

Framers are presumed to be aware

of prevailing judicial doctrine or
rulings concerning which are the
subject
of
the
constitutional
provisions
If the framers of the constitution
adopted a principle different from
what the courts had previously
enunciated, they dod so to overrule
said principle

Changes in phraseology

Constitutional provision construed as a

whole

Changes in phraseology may be

inquired into to ascertain the intent
or purpose of the provision as
finally approves
Mere deletion of a phrase is not
determinative of any conclusion.

Apparently conflicting provisions

should
be
reconciled
and
harmonized in a manner that may
give all of them full force and effect

Mandatory or directory

and

Used to resolve but not to create

ambiguities, only then can it be
given great weight. Otherwise, little
weight
Where the legislature has revised a
statute after the constitution has
been adopted, such a revision is to
be regarded as a legislative
construction that the statute so
revised conforms to the constitution

Where a constitutional provision is

susceptible of more than one
interpretation, that construction
which would lead to absurd,
impossible
or
mischievous
consequences must be rejected

Generally mandatory, unless a

different intention is manifested by
express provision or by necessary
implication
This is because it is the sovereign
itself speaks and is laying down
rules which for the time being at
least are to control the government
and the governed

Prospective or Retroactive

Prospective only, unless the words

employed show clear intention that
it should have a retroactive effect

Applicability
construction

of

rules

of

statutory

Give effect to the intent of the

framers of the organic law and of
the people adopting it.
Presumption
of
knowledge
of
existing laws
*Copy-pasted from Sarmiento vs.
Mison III*

Generally, constitutional provisions are

self-executing

Except
when
the
provisions
themselves
expressly
require
legislations to implement them or
when, from their language or
tenure,
they
are
merely

Agpalo Notes|MCDR 29

declarations
of
policies
and
principles
Self-executing provision- one that is
complete by itself and becomes
operative without the aid of
supplementary
or
enabling
legislation
or
which
supplies
sufficient rule by means of which
the right it grants may be enjoyed
or protected

Three Maxims employed as aids

construe constitutional provisions

Constructions
of
US
Constitutional
provisions adopted in 1987 Constitution

In
construing
constitutional
provisions adopted or copied in the
1987 Constitution, it is proper for
the
courts
to
take
into
consideration the construction of
provisions by the courts of the
country from which they are taken

to

Verba legis
Ratio legis est anima
Ut magis valea quam pereat

Agpalo Notes|MCDR 30