STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

CHAPTER 6
FOCUS/DOCTRINES:
1. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel
respondere (It is unjust to decide or to respond as to any particular part of a law without
examining the whole of the law)
2. Nemo enim aliquam partem recte intelligere possit antequam totum interim atque interim
perlegit (The sense and meaning of the law is collected by viewing all the parts together as one
whole and not of one part only by itself)
3. Do not interpret a statute independent from the Constitution, construe the statute in harmony
with the fundamental law
4. General and Special Statutes
5. If there are two Acts which contain one general and one special: if it produces conflict, the
special law shall prevail since the legislative intent is more clear thus it must be taken as
intended to constitute an exception
6. Statute is passed as a whole. It should have one purpose and intent; construe its parts and
sections in connection with other parts. Do not isolate or detach the parts. Construing a statute
as a whole includes reconciling and harmonizing conflicting provisions
7. Pari Materia refers to any of the following (1) same person or thing (2) same purpose of object
(3) same specific subject matter
8. Construe statutes in pari materia together to attain the purpose of an express national policy
9. Interpretare et concordare leges legibus est optimus intrepretandi modus every statute must
be so construed and harmonized with other statutes as to form a uniform system of
jurisprudence (construe it as a whole; construe it in harmony with other existing laws)
10. It is presumed that the legislature took into account prior laws when they enacted the new
one. Later statutes are supplementary to the earlier enactments
11. Earlier law should give way to the later law because it is the current or later expression of
the legislative will
12. Optima Statuti Interpreatio est ipsum statutum the best interpreter of a statute is the
statute itself
CASES:
1. GAANAN vs IAC
- Atty. Pintor called Laconico to discuss terms of withdrawal of his complaint for direct assault
against Laconico
- Laconico called appellant Gaanan to come to his office and advise him on the settlement of
the case
- When complainant Pintor called up, Laconico requested Gaanan to secretly listen to the
telephone call through the extension phone
- ISSUE: WON an extension telephone is one of the prohibited devices covered by Sec 1 of RA
4200
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

- SC ruled that telephone party lines were intentionally deleted from the provisions of the Act
therefore it cannot be placed in the same category as the devices enumerated in Sec 1 of RA
4200
- To determine true intent of law, particular clauses and phrases of the statute should not be
taken as detached and isolated expressions, but the whole and every part must be
considered in fixing the meaning of any of its parts.
- Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel
respondere (It is unjust to decide or to respond as to any particular part of a law without
examining the whole of the law)
- Nemo enim aliquam partem recte intelligere possit antequam totum interim atque
interim perlegit (The sense and meaning of the law is collected by viewing all the parts
together as one whole and not of one part only by itself)

2. TANADA vs TUVERA
- Statute construed in harmony with the Constitution
- Do not interpret a statute independent from the Constitution
- Civil Code Art. 2 clause unless otherwise provided refers to the date of effectivity and not
to the requirement of publication per se, which cannot in any event be omitted.

3. BAGATSING vs RAMIREZ
- Publication of ordinance enacted by the Municipal Board of Manila
- ISSUE: Revised City Charter (speaks of ordinance in general) vs Local Tax Code (relates to
ordinances levying or imposing taxes, fees or other charges in particular)
- Special law vs general law: special law is to be considered an exception to the general
- The Local tax Code therefore controls since it is a special law

4. CITY OF MANILA vs COA
- Teotico fell into an uncovered manhole and sued for damages under Article 2189 of the Civil
Code making the City of Manila (mayor, city engineer, city health officer, city treasurer, chief
of police) liable
- City of Manila assailed that the charter of Manila states that it shall not be liable since the
charter of Manila is a special law and shall prevail over the Civil code, a general alw
- SC held that though the charter is a special law and the Civil Code a general law, the
provision of the Manila Charter exempting it from liability caused by the negligence of its
officers is a general law in the sense that it exempts the city from negligence of its officers in
general
- Article 2189 of the Civil Code provides a particular prescription making provinces, cities and
municipalities liable for damages caused to a person by reason of defective condition of
roads, streets, etc. Under their control or supervision

5. CIVIL SERVICE COMMISSION vs ASENSI
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

- Respondent Nimfa Asensi was ordered dismissed by petitioner Civil Service Commission
("CSC") from her position as Revenue District Officer of the Bureau of Internal Revenue in
Lucena City. Her dismissal came after an investigation revealed that she had falsified entries
in her Personal Data Sheet (PDS) relative to her educational background.
1
Aggrieved,
respondent filed a petition for certiorari with the Court of Appeals, assailing the CSC
Resolution ordering her dismissal.
-
6. TEVES vs SANDIGANBAYAN
- Teves, then Mayor of Valencia, Negros Oriental was charged of a crime of conspiring and
confederating with his wife, criminally cause the issuance of the appropriate business
permit/license to operate the Valencia Cockpit and Recreation Center
- Two possible punishments for the crime
- Section 3 of the Anti-Graft Law is a general provision, it being applicable to all prohibited
interests; while Section 89 of the LGC of 1991 is a special provision, as it specifically treats of
interest in a cockpit. Notably, the two statutes provide for different penalties.
- It is a rule of statutory construction that where one statute deals with a subject in general
terms, and another deals with a part of the same subject in a more detailed way, the two
should be harmonized if possible; but if there is any conflict, the latter shall prevail
regardless of whether it was passed prior to the general statute. Or where two statutes are
of contrary tenor or of different dates but are of equal theoretical application to a particular
case, the one designed therefore specially should prevail over the other.
- Conformably with these rules, the LGC of 1991, which specifically prohibits local officials
from possessing pecuniary interest in a cockpit licensed by the local government unit and
which, in itself, prescribes the punishment for violation thereof, is paramount to the Anti-
Graft Law, which penalizes possession of prohibited interest in a general
manner. Moreover, the latter took effect on 17 August 1960, while the former became
effective on 1 January 1991. Being the earlier statute, the Anti-Graft Law has to yield to
the LGC of 1991, which is the later expression of legislative will.

7. PRC vs DE GUZMAN
- Unusually high scores of successful examinees from Fatima College of Medicine sparked
doubt of the Petitioner therefore refusing to administer oaths and issue registration
certificates
- Contended that RA 2382 states that IF EVER THERE IS SOME DOUBT AS TO THE MORAL
FITNESS OF EXAMINEES, THE ISSUANCE OF LICENSE TO PRACTICE MEDICINE IS NOT
AUTOMATICALLY GRANTED TO THE SUCCESSFUL EXAMINEES
- Students filed writ of mandamus
- Mandamus is a command issuing from a court of competent jurisdiction, in the name of the
state or the sovereign, directed to some inferior court, tribunal, or board, or to some
corporation or person requiring the performance of a particular duty therein specified,
which duty results from the official station of the party to whom the writ is directed, or from
operation of law.
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

- CA held that petitioners should allow respondents to take their oaths as physicians and
register them, steps which would enable respondents to practice the medical profession
pursuant to Section 20 of the Medical Act of 1959
- Issue: Did the Court of Appeals erred in concluding such
- SC: CA relied on a single provision (Sec 20 of RA 2382) in concluding that the petitioners had
the ministerial obligation to administer the Hippocratic Oath to respondents and register
them as physicians.
- it is a basic rule in statutory construction that each part of a statute should be construed in
connection with every other part to produce a harmonious whole, not confining
construction to only one section. The intent or meaning of the statute should be ascertained
from the statute taken as a whole, not from an isolated part of the provision.
- Sec 20 of RA 2382, should be read in conjunction with the other provisions of the Act.
- A careful reading of Section 20 of the Medical Act of 1959 discloses that the law uses the
word shall with respect to the issuance of certificates of registration. Thus, the petitioners
shall sign and issue certificates of registration to those who have satisfactorily complied
with the requirements of the Board. In statutory construction the term shall is a word of
command. It is given imperative meaning. Thus, when an examinee satisfies the
requirements for the grant of his physicians license, the Board is obliged to administer to
him his oath and register him as a physician, pursuant to Section 20 and par. (1) of Section
22 of the Medical Act of 1959.
- However, the surrounding circumstances in this case call for serious inquiry concerning the
satisfactory compliance with the Board requirements by the respondents. The unusually
high scores in the two most difficult subjects was phenomenal, according to Fr. Nebres, the
consultant of PRC on the matter, and raised grave doubts about the integrity, if not validity,
of the tests. These doubts have to be appropriately resolved.
- Under the second paragraph of Section 22, the Board is vested with the power to conduct
administrative investigations and disapprove applications for examination or registration,
pursuant to the objectives of Rep. Act No. 2382 as outlined in Section 1 thereof. In this case,
after the investigation, the Board filed before the PRC, Adm. Case No. 1687 against the
respondents to ascertain their moral and mental fitness to practice medicine, as required by
Section 9 of Rep. Act No. 2382.

8. NATIONAL TOBACCO vs COA
- RA 6758: First Sentence vs Second Sentence
- Proper interpretation of RA 6758 depends on the combination of the first and second
paragraph
- Construe as a whole by reconciling and harmonizing conflicting provisions

9. JMM PROMOTIONS AND MANAGEMENT vs NLRC
- Petitioner failed to post the required appeal bond in accordance with Art. 223 of the Labor
Code and Rule 6 Section 6 of the new rules of procedure of the NLRC
- Art. 223 and Sec 6 had conflicting provisions
- Issue: WON petitioner is required to post an appeal bond
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

- SC: Yes. The rules state that an amount is required to perfect an appeal from a decision
provided.
- Inconsistent provisions should be reconciled as parts of a harmonious whole.

10. TAN CO vs CIVIL REGISTER OF MANILA
- Issue: Whether or not Tan Co are Filipino citizens on the account of the naturalization of
their father
- Father who is a Chinese citizen wanted to change entries in the birth certificate of the
children but was denied under pari materia rule
- CA 473 and LOI 270 are statues relating to the same subject matter but they do not provide
the same beneficial effects with respect to the minor children of the applicant
CHAPTER 7
FOCUS/DOCTRINES:
1. Determine (a) nature of statute (b) purpose to be subserved (c) mischief to be remedied in strict or liberal
construction.
2. The statute must be interpreted according to legislative intent and the end desired.
3. Strict Construction: (a) according to letter of the statute (b) recognizes nothing that is not expressed (c)
takes language used in its exact meaning (d) admits no equitable consideration (e) scope of statute not
enlarged/extended by implication, intendment or equitable consideration beyond the literal meaning of
terms
4. Strict construction is a close and conservative adherence to the literal or textual interpretation and the
antithesis of liberal construction
5. Liberal Construction: (a) equitable consideration will enlarge the letter of statute to accomplish intended
purpose, carry out its intent or promote justice (b) words should receive a fair and reasonable
interpretation so as to attain intent, spirit, purpose of the law
6. Liberal construction will not enlarge a provision which is clear, unambiguous and free from doubt
7. Liberal construction: where a statute is ambiguous, the literal meaning of words may be rejected if the
result of adopting said meaning would defeat the purpose of the law
8. Ut res magis valeat quam pereat construction is to be sought which gives effect to the whole of the
statute (its every word)
9. Social Justice must be taken into account in the interpretation and application of laws.
10. Construe to attain the general welfare.
11. Salus populi est suprema lex the voice of the people is the supreme law
12. Statuta pro public commodo late interpretantur statutes enacted for the public good are to be
construed liberally
13. Penal Statutes are strictly construed against the State and liberally construed in favor of the accused.
14. No person should be brought within its terms if he is not clearly made so by the statute.
15. Laws granting tax exemptions are thus construed strictissimi juris against the taxpayer and liberally in
favor of the taxing authority.
16. General Welfare Legislation: construed liberally.
17. General Welfare Legislation is to implement the social justice and protection-to-labor provisions of the
Constitution, therefore doubts must be resolved in favor of the persons whom the law intended to
benefit. Includes (a) labor laws, (b) tenancy laws, (c) land reform laws, (d) social security laws
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

18. General Welfare Clause: construed liberally in favor of the local government unit to give more powers
to LGUS in promoting the economic condition, social welfare and material progress of the locality
CASES:
1. LUNG CENTER OF THE PHILIPPINES vs QUEZON CITY
- lot owned by the petitioner and its hospital building constructed thereon are subject to assessment
for purposes of real property tax
- ISSUE: Whether the real properties of petitioner are exempt from real property taxes
- Portions of its real property that are leased to private entities are not exempt from real property
taxes as these are not actually, directly, and exclusively used for charitable purposes.
- The settled rule in this jurisdiction is that laws granting exemption from tax are construed
- strictissimi juris against the taxpayer and liberally in favor of the taxing power. Taxation is the rule
and exemption is the exception.
- Claim for exemption from tax payments must be clearly shown and based on language in the law too
plain to be mistaken.
- Expressio unius est exclusion alterius - It is a settled rule of statutory construction that the express
mention of one person, thing, or consequence implies the exclusion of all other.
- Under the 1973 and 1987 Constitution, in order to be entitled to the exemption, the petitioner is
burdened to prove, by clear and unequivocal proof that a) it is a charitable institution, and b) its real
properties are actually, directly, and exclusively used for charitable purposes.
- Petitioner failed to discharge its burden to prove that the entirety of its real property is actually,
directly, and exclusively used for charitable purposes.
- Portions of the land leased to private entities as well as those parts of the hospitals leased to private
individuals are not exempt. On the other hand, the portions of the land occupied by the hospital and
portions of the hospital used for its patients, whether paying or non-paying, are exempt from real
property taxes.

2. CALALANG vs WILLIAMS
- Closing of Rosario Street and Rizal Avenue to traffic of animal-drawn vehicles
- Do the rules and regulations of the road closure promote social justice?
- Yes. The promotion of social justice is to be adhered not through a mistaken sympathy towards any
given group.
- Salus populi est suprema lex
- The authority conferred upon them and under which they promulgated the rules and
regulations complained of is not to determine what public policy demands but merely to carry
out the legislative policy laid down by the National Assembly in said Act.
- to promote safe transit upon and avoid obstructions on, roads and streets desi gnated as
nati onal roads by acts of the Nati onal Assembl y or by executive orders of the President of
the Philippines and to close them temporarily to any or all classes of traffic whenever the condition
of the road or the traffic makes such action necessary or advisable in the public convenience and interest.

3. AISPORNA vs CA
- Wife of an insurance agent accused of acting as an agent in soliciting insurance without license
violating Section 189 of the Insurance Act
- Her defense is that she is her husbands clerk, thus she did her job of helping him at the time he was
absent
- She merely issued a renewal of the policy issued to Isidro, a client
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

- Section 189 Par 1 prohibits a person from acting as agent in the solicitation for insurance without a
certificate of authority; Par 2 defines who is an insurance agent; Par 3 prescribes the penalty for the
violation thereof
- Noscitur A Sociis legislative intent must be ascertained from a consideration of the statute as a
whole
- Ut res magis valeat quam pereat
- SC: an insurance agent is one who sells insurance in return for solicitation (Sec 189 Par 2) and it was
not proven that Aisporna received compensation for the insurance she was alleged to have sold

4. PEOPLE vs LADJAALAM
- Direct Assault with Multiple Attempted Homicide against policemen about to serve a search warrant
- Accused fired an unlicensed M-14 rifle
- Charged and convicted for Illegal Possession of Firearm and Ammunition
- ISSUE: WON accused should be convicted of Illegal Possession of Firearm in the stated circumstances
- SC: No. RA 8294 shows that if an unlicensed firearm was used in the commission of a crime, there can
be no separate offense of simple illegal possession of firearms. If the other crime is murder or
homicide, illegal possession becomes an aggravating circumstance only, not a separate offense.
Accused cannot be convicted of two separate offenses of illegal possession of firearms and direct
assault.
- Penal laws construed liberally in favor of the accused.

5. PEOPLE vs SULTAN
- Victim abducted by appellant, brought her to his house, divested of her belongings and raped several
times. He was convicted of robbery with homicide.
- ISSUE: WON multiple rape can be considered as aggravating circumstance
- SC: No. There is no law providing for additional rape/s to be considered as an aggravating
circumstance. Penalty only of reclusion perpetua with no aggravating circumstance of additional
rape.
- Must construe the penal law liberally in favor of the accused.
- No person should be brought within its terms if he is not clearly made so by the statute.

6. LLADOC vs CIR
- Parish priest received donation for the construction of a new Catholic Church
- Gift tax against parish priest imposed but questioned
- Averred constitutional exemption from taxation of churches
- SC: Exemption only refer to property taxes and not from all kinds of taxes

7. ORTIGAS AND CO. Vs FEATI BANK
- Petitioner sold lots to Natividad Angeles. The latter transferred her rights in favor of an Emma Chavez
with the stipulation that the use of the lots are exclusive for residential purposes only.
- Feati Bank acquired the lots and started construction of a building to be devoted for banking
purposes. Petitioner demanded construction to stop but Feati Bank contended that it was following
the zoning regulations of Municipal Resolution 27 declaring the area to be a commercial and
industrial zone.
- ISSUE: Should Municipal Resolution 27 prevail over the contract stipulations?
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

- SC: Yes. Local Autonomy Act empowers a municipal council to adopt zoning and subdivision
ordinances or regulations for the Municipality.
- General Welfare Clause: construed liberally in favor of the local government unit to give more
powers to LGUS in promoting the economic condition, social welfare and material progress of the
locality
- Resolution 27 is in exercise of police power to safeguard health, safety, peace and order and the
general welfare of the people in the locality as it would not be a conducive residential area
considering the traffic, pollution and noise in the surrounding industrial and commercial
establishments.
CHAPTER 8

FOCUS/DOCTRINES

1. Mandatory Statutes commands positively (something must be done) and negatively (something must
not be done) and requires obedience, otherwise void.
2. Directory Statutes permissive or discretionary in nature; purpose can be accomplished in a manner
other than that prescribed and will yield same results
3. It is possible that a statute is mandatory in form but directory in nature.
4. Generally mandatory command words (a) shall/shall not, (b) must/must not (c) ought/ought not (d)
should/should not (e) can/cannot
5. Generally directory permissive words (a) may/may not
6. SHALL and MUST mandatory in nature but still depends upon consideration of the entire
provision (nature, object and consequences)
7. In statutes conferring power, they are generally mandatory although couched in permissive form.
8. Power is given for the benefit of third persons not for the benefit of the public official, to prevent
failure of justice, they are granted to meet the demands of rights. It is a remedy to those entitled to
invoke its aid.
9. Statutes prescribing time to take action or to appeal are generally mandatory. It is of strict and not
substantial compliance. It is held as absolutely indispensable to prevent needless delays and to the
orderly and speedy discharge of judicial functions.

CASES:

1. LOYOLA GRAND VILLA HOMEOWNERS ASSOCIATION INC. vs CA

- Homeowners Association (South Association) duly registered in HIGC as sole homeowners
organization but failed to file corporate by-laws
- Corporation Code requires passage of by-laws MUST within one month after receipt of official
notice of the issuance of its certificate of incorporation with the SEC, adopt a code of by-laws
- HIGS rendered the association dissolved because of the non-submission therefore the North
Association registered but the South Association complained and got a favorable result later on
- North Associations registration cancelled hence the petition for certiorari
- ISSUE: WON the failure of a corporation to file its by-laws results in automatic dissolution
- SC: No. Legislative intent is not so. The word MUST is not always imperative but may be
consistent with an exercise of discretion. Language of a statute must be considered in its entirety
to ascertain intent of legislature.
- PD 902-A pari materia with the Corporation Code providing that no-filing of by-laws does not imply
the demise of the corporation, there should be a notice and hearing prior the cancellation of
registration

STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012

2. GACHON vs DEVERA

- Private respondent filed a complaint for forcible entry against petitioners
- Summons were served directing petitioners to file an answer within the reglementary period of 10
days
- Petitioners filed an urgent motion or extension of time to file an answer but denied it because it is
a prohibited pleading under the Rule of Summary Procedure
- MTCC then issued resolving the complaint in favor of herein respondents
- ISSUE: WON Sec 6 of the Rule on Summary Procedure is directory or mandatory
- SC: It is mandatory. Sec 6 reads should the defendant fail to answer the complaint within the
period above provided, the Court motu proprio, or on motion of the plaintiff, shall render judgment
as may be warranted by the facts alleged in the complaint and limited to what is prayed therein
- An answer filed out of time will not be accepted and the reglementary period is not extendible.
Otherwise, it would defeat the purpose of expediting the adjudication of suits. (prevention of
needless delays)
-
3. FAR EAST BANK AND TRUST COMPANY vs MARQUEZ

- Marquez bought a townhouse worth 800k from TSE but TSE made a loan with respondent bank and
mortgaged the said property including Marquez lot and later on failed to pay the loan leading to
foreclosure with the respondent bank as highest bidder
- Marquez already paid 600k to TSE but only stopped paying because construction of his townhouse
had slackened
- Bank ordered to compute and allow Marquez to settle and continue his monthly amortizations for
his townhouse but contended it was an innocent mortgagee
- ISSUE: Is the mortgage contract void insofar as third persons are concerned (Sec 18 0f PD 957)
- SC: It is void. Sec 18 provides that the buyer may pay his instalment for the lot directly to the
mortgagee who shall pay the payments to the corresponding mortgage indebtness secured by the
particular lot being paid for, with a view enabling said buyer to obtain title over the lot after full
payment thereof
- PD 957 intended to protect innocent lot buyers from scheming subdivision developers
- As between innocent lot owners and gigantic financial institutions, the law favors the weak as an
instrument of social justice

4. TATAD vs SANDIGANBAYAN
- Then Secretary of Public Information Tatad had a report in 1974 filed against him to the PSC
containing charges of alleged violations of RA 3019 (Anti-Graft and Corrupt Practices Act)
- It was made to sleep in the office of the PSC until he had a falling out with Marcos that time and
he resigned thereafter
- 1979: the 1974 complaint was resurrected
- 1980: complaint referred to CIS for investigation and report
- 1982: all affidavits and counter-affidavits already in disposition with Tanodbayan
- 1985: criminal charges filed against Tatad alone in the Sandiganbayan
- ISSUE: WON petitioner was deprived of his rights as an accused (due process of law and speedy
disposition of cases filed against him)
- SC: Yes his rights were violated. Departing from established procedures prescribed by law for
preliminary investigations which require the submission of affidavit and counter-affidavits, instead
the Tanodbayan referred the case to the PSC for investigation and report, considering that the case
came to life five years after a complaint was made against the accused
- PD 911 prescribes a 10-day period for the prosecutor to resolve a case under preliminary
investigation by him from its termination. The period of 10 days prescribed by law is DIRECTORY
but it cannot be disregarded that a delay of close to 3 years (1982-1985) cannot be deemed
reasonable or justifiable
STATUTORY CONSTRUCTION Agpalo 2009, San Beda College of Law aiza ebina/2012


5. BERMUDEZ vs TORRES
- Petitioner a recommendee of DOJ Secretary Guingona for position of Provincial Prosecutor but
Atyy. Quiaot was appointed to the position by President Ramos. Quiaoit took his oath and assumed
office but Bermudez refused to vacate the Office of Provincial Prosecutor.
- He challenged that Quiaoits appointment was void because it lacks the recommendation of the
DOJ Secretary prescribed under the Revised Administrative Code which states that all provincial
and city prosecutors and their assistants shall be appointed by the President upon the
recommendation of the Secretary
- ISSUE: WON the recommendation is necessary (mandatory or directory) to the appointment of
Quiaoit
- SC: It is not mandatory. The phrase upon the recommendation of the Secretary is merely an
advice which is persuasive in character and not binding or obligatory upon the party to whom it
is made.