73. The Statute to be Construed as a Whole.

The particular words, clauses and phrases should not be studied as detached and isolated expressions but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious result. 2 reasons: - The force and significance of particular expressions will largely depend upon the connection in which they are found and their relation to the general subject matter of the law. - Effect must be given to every word and clause of the statute so that nothing shall be left devoid of meaning. 74. Every Provision of the Statute Must be Given Effect. Every legislative act should be interpreted in such a way as to give force and effect to every provision thereof because the legislature is not presumed to have done a useless act. 75. Conflicting and Irreconcilable Provisions. The courts seek to avoid any conflict in the provisions of the statute by endeavouring to harmonize and reconcile every part so that each shall be effective. A construction should be sought which would give effect to the intention of the legislature. 76. Provision Last in Position Frequently Prevails; Exceptions. In case of irreconcilable conflict between two provisions, the last in order of position, being the later expression of the legislative will, is frequently held to prevail. Exceptions: It cannot be applied - to extend the scope of the statute - to defeat the manifest purpose - when the provision standing first in the statute is more in harmony with other statues dealing with the same subjects 77. General and Special Provision. The special provision must be operative and the general provision can only affect such cases as not within the particular provision. Generalia specialibus non derogant; general words do not derogate from special.

This rule, which is designated to give effect to each and every part of the statute and not to render any part useless or meaningless, applies regardless of the position occupied by the special provision in the statute; it may come earlier or later than the general one; for the former is deemed to be an exception to the latter. 78. Mandatory and Directory Provisions. A mandatory provision prevails over directory ones. 79. Provisos and Exceptions. The enacting clause and proviso should be construed together and that repugnancy between the enacting part and the proviso will not void the enacting part. Thus, a proviso which is directly repugnant to the purview or the body of an act is inoperative and void. 80. Duty of Courts to Reconcile Conflicting Statutes. It is the duty of the courts to harmonize and reconcile laws and to adopt a construction of a statutory provision which harmonizes and reconciles it with other statutory provisions. 81. Statutes of Later Date. The statute of later date, being presumed to be the latest expression of the legislative will on the subject, prevails. 82. Conflicts between General and Special Laws. The special law will control the general law without regard to the respective dates of passage. The special law is to be taken as an exception to the general law. Implied repeals are not favoured and as much as possible, effect must be given to all enactments of the legislature. 83. Conflict between Substantive and Procedural Law. Substantive law is a positive law which creates, defines, and regulates the rights and duties of the parties and which gives rise to a cause of action. Procedural law/remedial law is the law which pertains to practice and procedure, or the legal machinery by which the substantive law is made effective. 84. Statutes in Pari Materia. Statutes which relate to the same person or thing, or to the same class of persons or things, or which have a common purpose, are in pari

materia. All statutes relating to the same subject, or having the same general purpose, should be read in connection with it, and they should be construed together as though they constituted one law. Statutes relating to the same subject matter were enacted in accord with the same legislative purpose. 85. Re-enacted Statutes; Principle of Legislative Approvals by Re-enactment. The court will follow the construction which such statutes received when previously in force; for the legislature is presumed to know the effect which such statutes originally had, and by re-enactment to intend that they should again have the same effect. Principle of legislative approval by re-enactment = Where a statute is susceptible of the meaning placed upon it by a ruling of the government agency charged with its enforcement, and the legislature thereafter re-enacts the provisions without substantial change, such action is to some extent confirmatory that the ruling carries out the legislative purpose. 86. Statutes Adopted from other States. Construction should be followed in harmony with justice and public policy and consistent with local law. 87. Conflict between Common Law Principle and Statutory Provision. Statutory provision must prevail over common law principle. 88. Concept of Strict and Liberal Construction. Strict construction is a close and conservative adherence to the literal or textual interpretation thereof; the language must be given its exact and technical meaning; confined within the letter of the letter and the spirit or reason of the statute. Liberal construction is by which the letter of the statute is enlarged or restrained to accomplish its intended purpose. It resolves all reasonable doubts in favor of the applicability of the statute.

89. Strict Construction of Penal Statutes. Penal laws should be construed strictly. No person should be brought within terms who is not clearly within them, nor should any act be pronounced criminal which is not made clearly so. The power of punishment is vested in the legislature and not in the judicial department. Penal laws are made for the preservation of peace and good order of society. 90. Liberal Construction of Remedial Statutes. Remedial laws supply the defects and abridge the superfluities in pre-existing law, which arise from the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determination of judges, and from any other cause. They serve to keep our system of jurisprudence up-to-date and in harmony with new ideas or conceptions of what constitute justice and proper human conduct. Apply liberal construction to the following: - Tenancy laws intended to better the low of the sharecropper by giving him more equitable participation in the produce of the land he cultivates. - Rules of procedures being intended to assist the parties in obtaining speedy justice and inexpensive determination of every action and proceedings. - Statute providing relief for persons who paid taxes on excessive assessments - Adoption statutes being humane and salutary and designed to provide homes, love, care, and education for less fortunate children - Retirement laws intended to benefit the retirees to achieve humanitarian purposes; intended to entice men and women to enter the government service and to permit them to retire thereform with relative security 91. Liberal Construction of Labor and Welfare Legislation. Labor legislation should be construed in favor of the safety and decent living for the laborer; to fully carry into effect its beneficent provisions and doubts as to the right of a labourer to compensation should be resolved in his favor. 92. Strict Constitution of Tax Laws. It is a general rule in the interpretation of tax laws not to extend their provision beyond the clear import of the language. Such statutes are to be construed most strongly against the government and in favor of the

subjects or citizens, because burdens are not to be imposed, nor presumed to be imposed beyond what statutes expressly and clearly declare. The power to tax resides in the legislature. Exemptions from taxation are not favored; they are never presumed; they are construed in strictissimi juris, this time against the taxpayer and liberally in favor of the taxing authority. He who claims an exemption from the common burden of taxation must justify his claim by showing that the legislature intended to exempt him by words too plain to be mistaken. Tax exemptions are in derogation of the states sovereignty and equal rights. However, for government instrumentalities, rule of strict interpretation does not apply. This is to reduce the amount of money that has to be handled by government in the course of its operations. 93. Strict construction of Statutes in Derogation of Sovereignty. To divest the state or its government of any of its prerogatives, rights or remedies, unless the intention of the legislature to effect this object is clearly expressed. Among the statutes considered to be in derogation of sovereignty are those allowing suits against the state, creating a claim against the state, waiving its immunity from liability, relinquishing public power or jurisdiction, conferring sovereign powers on corporations, or containing exemption from taxation. Restrictive statutes which impose burdens on the public treasury or which diminish rights and interests, no matter how broad their terms, do not embrace the sovereign, unless the sovereign is mentioned. 94. Strict Construction of Statutes in Derogation of Rights. This is applied to rights of life, liberty and the pursuit of happiness. The right of eminent domain is necessarily in derogation of private rights, and the authority must therefore be strictly construed. The party whose property is subject to expropriation may have all the guarantees of due process; not to curtail the enjoyment of rights.

Same rule is applied to statutes in derogation of common rights. Common rights are rights, privileges and immunities appertaining to, end enjoyed by, all citizens equally and in common, and which have their foundation in the common law. Prescribed procedure in auction sales of property for tax delinquency being in derogation of property rights should be followed punctiliously. Strict adherence to statutes governing tax sales is imperative not only for the protection of the taxpayers but also to allay any possible suspicion of collusion between the buyer and the public officials called upon to enforce such laws. 95. Strict Construction of Legislative Grants or Franchises. Must be construed against the grantee and in favour of the grantor. This rule is based on the assumption that the grant was made at the solicitation of the grantee and was drafted by him, and that therefore its language is his language and should be construed against him. 96. Construction as Mandatory or Directory; Tests. A mandatory law or provision is one non-compliance with which renders the proceedings to which it relates illegal and void. A directory law or provision is one the observance of which is not necessary to the validity of the proceedings. a. Terminology Directory = may and it is lawful Mandatory = shall and must; cannot and shall not b. Materiality of Provisions Directory = Provisions which are a mere matter of form do not affect any substantial right so that compliance is a matter of convenience rather than substance. Mandatory = those which relate to matters of substance, affect substantial rights, and are the very essence of the thing required to be done. c. Consequences Directory = where a failure of performance will result in no injury or prejudice to the substantial rights of interested persons Mandatory = where such injury or prejudice will result

d. Imposition of Penalty Mandatory = where a legislative provision is accompanied by a penalty for a failure to observe it 97. Statutes for the Advancement of Public Welfare or Justice Construed as Mandatory. where the power or duty to which it relates is for the public benefit, good, interest, or protection, for the security of public rights, or for the advancement of public justice. Although the words are merely permissive, directory or enabling, they may nevertheless have the force of words of command. 98. Statutes Conferring and Regulating Rights, Remedies, Privileges and Immunities, etc. Construed as Mandatory. because such a laws is in derogation of common right. The new right, privilege or immunity can therefore be exercised or enjoyed only in the manner and at the time prescribed. 99. Provisions as to Time Generally Regarded as Directory. Provisions as to the precise time when a thing is to be done are not regarded as of the essence, but as directory merely. This rule applies to statutes which direct the doing of a thing within a certain time without negative words restraining the doing of it afterwards. 100. Statutes Pertaining to Official Action Generally Construed as Directory. Statute which regulates the manner in which public officials shall exercise the power vested in them will be construed as directory, especially where such regulation pertains merely to uniformity, order, convenience, and neither public nor private rights will be injured or impaired. But if the public interest or private rights call for the exercise of the power vested in a public official, the language used will be mandatory. 101. Statutes Pertaining to Pleading and Practice Construed as Mandatory or Directory Depending upon Effect. A statute which makes a requirement, the violation of which will operated to deprive the litigant of a substantial right and thus injure him or his case, should be given a mandatory construction. Conversely, a

statute which makes a requirement, if not met, in no manner materially affects the litigants case nor deprives him of a substantial right, should be construed directory. But where rule of procedure pertains to matters which are jurisdictional or of the essence of the proceedings or is prescribed for the protection or benefit of the party affected, it is mandatory.

102. Effectivity of Statutes. Laws take effect after 15 days following the completion of their publication in the Official Gazette, or in a newspaper of general circulation; for the purpose of enabling persons affected to shape their courses of action accordingly. The law itself may provide that it takes effect upon approval, and the fact that hardship may result from making an act effective immediately upon its passage does not render it invalid as an arbitrary or unreasonable exercise of power by the lawmaking authority. Such law becomes effective as of the first minute of the day on which it is approved by the President, regardless of the hour or precise time during that day on which the signature approval is made. 103. Place of Operation of Statutes. Legislative enactments can only operate, propio vigour, upon the persons and things within the territorial jurisdiction of the lawmaking power. A state may have the power to legislate concerning the rights and obligations of its citizens with regard to transactions occurring beyond its boundaries. The Civil Code provides that laws relating to family right and duties, or the status, condition and legal capacity of persons are binding upon citizens of the Philippines, here and abroad. The Revised Penal Code similarly declares that its provisions shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside its jurisdiction. 104. Prospective and Retrospective Operation of Statutes. A statute is prospective if it regulates acts or transactions taking place after it takes effect. A statute is retrospective when it creates a new obligation, imposes a new duty and attaches a new disability in respect to transactions taking place before its passage. 105. Prospective Operation is General Rule. Although the Constitution does not prohibit the enactment of retrospective laws that do not impair the obligations of contracts nor deprive a person of property without due process of law, the Civil

Code establishes the rule that laws have no retroactive effect. Laws are to be given a prospective operation. This is because every law that takes away or impairs vested rights under existing laws is generally reprehensible, unjust, oppressive and dangerous. Ex. ex post facto, bill of attainder. When a doctrine laid down by the Supreme Court is overruled and a different view is adopted, the new doctrine should be applied prospectively and should not apply to parties who had relied on the old doctrine. 106. Retroactive Operation of Remedial Statutes. Statutes relating to remedies or modes of procedures which do not create new or take away vested rights, but only operate in the furtherance of the remedy or confirmation of rights already existing, are not covered by the general rule. This is because a retrospective law is one which takes away or impairs vested rights under existing laws, or creates a new obligation and imposes a new duty, or attaches a new disability. It is a well-established rule that procedural laws are retrospective with respect to actions pending and undetermined at the time of their passage. However, this rule cannot be invoked in a case where the decision has become final when the rule of procedure becomes effective. 107. Retrospective Operation of Penal Laws. Penal laws, as a general rule, are to be given prospective operation; otherwise, they may fall within the constitutional prohibition of ex post facto legislation. An ex post facto law is that which makes an action, which was innocent when previously committed, is made criminal and imposed with penalty; that which aggravates a crime or makes it greater than it was when committed; or that which changes the punishment and inflicts greater punishment; or that which alters legal rules of evidence in order to convict the offender. 108. When Penal Laws Given Retroactive Operation. Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony who is not a

habitual criminal. Penal laws will retroact in favor of the accused even if he is serving a sentence as long as he is not a habitual delinquent. 109. Retrospective Operation of Curative Acts. Curative acts which are enacted to validate legal proceedings, the acts of public officers, or private deeds and contracts, operate on conditions already existing, can have no prospective operation. Thus, they must be given retrospective operation by the courts. 110. Amendments of Statutes. An amendment is a change in some of the existing provisions of a statute; a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete, or perfect, or effective. The power to amend resides in the lawmaking authority. The lawmaking authority declares that the new statute is a substitute for the original act or section. Courts have no duty nor power to amend a statute. An amendment of a law must necessarily become effective therein as part of the amended law at the time the amendment takes effect. While the amendment should be construed as if it had been included in the original act, it cannot ordinarily be given retroactive operation unless plainly made so. 111. Revisions and Codification. The legislature may revise or codify existing law to clarify statute and make it easily found. Hence, all laws of a general and permanent nature which have been omitted from the revision or codification are no longer law, and any matter which had never been previously enacted by the legislature, if included therein, becomes operative as a law. Codification compilation of laws on the same subject matters. ex. Revised Penal Code. 112. Suspension. A temporary stop for a time, and the courts may not enforce the law during said period. It is a legislative act, unless based on some contingency,

exigency, or state of facts, declared by legislative enactment to be sufficient to warrant suspension by an executive or administrative body. In exercising the power of suspension, the legislature must make the suspension general. 113. Repeal of Statutes. the recall or revocation of the statute; it signifies the abrogation of one statute by another. Legislature cannot enact irrepealable laws or limit its future legislative acts. The power to repeal is subject to constitutional restrictions such as the prohibition against the impairment of obligations of contract or the denial of due process of law. 114. Modes of Repeal. Laws are repealed only by subsequent pones and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. An express repeal is the abrogation or annulment of a previously existing law by an enactment of a subsequent designation of its name, the title, or caption or by reference to its subject, contents, or substance, as to leave no doubt as what statute is intended. An implied repeal is one which takes place when a new law contains provisions which are contrary to those of a former law. No conflicting and irreconcilable laws on the same subject should be allowed to be in force simultaneously. 115. Modes of Implied Repeal. (a) By substitution where a later statute covers the whole subject of earlier acts and shows that it was intended as a substitute therefor. (b) By absolute inconsistency where two legislative acts relating to the same subjects are repugnant to or in conflict with each other, and they cannot be reconciled or harmonized, or one cannot be deemed as an exception to the

other, the last one enacted, as the latest expression of the legislative will, supersedes and repeals the earlier act. 116. Effects of Repeal (a) Repeal, whether express or implied, puts an end to the law. But it will not operate to impair vested rights under the repealed statute, or to revive rights lost or taken away under the same, or to affect acts performed or suits commenced, prosecuted, and concluded. The repeal does not undo or set aside consequences or its operation while in force unless so directed by express language or necessary implication. (b) The enactment of penal laws does not deprive the courts of jurisdiction to try, convict, and sentence persons charged with violations of the old law prior to the date when the repealing law goes into effect. But where the repealing law wholly fails to penalize acts which constituted the offense defined and penalized in the repealed law, the repeal carries with it the deprivation of the courts of jurisdiction to try, convict and sentence persons charged with the violation of the old law. (c) With respect to remedies, it is firmly established that there is no vested rights in any particular mode of procedure and that where a particular remedy is unqualifiedly repealed, the remedy is gone. (d) When a court renders a decision or promulgated a resolution, the subsequent amendment or the repeal of said law may not affect the final decision, order or resolutions already promulgated, in the sense of revoking or rendering it void and of no effect. 117. Simultaneous Repeal and Re-enactment. All rights and liabilities which have accrued under the original statute are preserved and may be enforced, since the re-enactment neutralizes the repeal, thereby continuing the law in force without interruption. 118. Repeal of Repealing Act. When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided.

119. Revival. Revive = signifies the reconference of validity, force, and effect; synonymous with re-enact. Statutes which have been repealed may be revived either by express legislative enactment or by operation of law. 120. Statutes and Constitutions Distinguished (a) Statutes are enactments and rules for the government of civil conduct, promulgated by the legislative authority of the state. Constitutions are expressions of the sovereign will in relation to the structure of the government, the extent and distribution of its powers, the modes and principles of its operation, and the apparatus, of checks and balances proper to insure its integrity and continued existence. (b) Constitutions are primary, being the commands of the sovereign establishing the governmental machine and the most general rules for its operation. Statutes are secondary being commands of the sovereign having reference to the exigencies of time and place resulting from the ordinary workings of the machine. (c) Constitutions undergo greater and more intricate procedure than statutes in the matter of passage and amendments (d) To be valid, a statute must not contravene the constitution; that it must be in accord with the latter. 121. Partial Unconstitutionality of Statute. If the invalid part of a statute is severable from the rest, the portion which is constitutional may stand while that which is unconstitutional is stricken out and rejected. It is the duty of the court to so declare and maintain the act in so far as it is valid. But the valid portion must be independent of the invalid portion. Where it is not possible to separate that part of an act which is unconstitutional from the rest of the act, the whole statute falls. 122. Rules of Construction of Constitutions (1) Effectuation of intent of framers Effect must be given to the intent of the framers of the organic law and of the people adopting it.

(2) Uniformity Constitutions do not change with the varying tides of public opinion and desire; hence, they should receive a consistent and uniform interpretation so that they shall not be taken to mean one thing at one time and another thing at another time. (3) Flexibility The courts are not inclined to adopt a technical and strained construction as will unduly impair the efficiency of the legislature. (4) Liberality A constitution is expected to be effective over a longer period of time than a statute and its method of revision or amendment is more cumbersome than the legislative process. (5) Practicality The established practical construction of a constitutional provision should not be disregarded unless the terms of the provision furnish clear and definite support for a contrary construction. (6) Mandatory nature of provisions It is only in extremely plain cases or under the pressure of necessity that they can be construed as directory. It would be extremely dangerous to hold that any provision may be obeyed or disregarded at the pleasure of the legislature. (7) Purpose to be given effect The spirit of the provision will prevail over the letter. (8) Constitution to be construed as a whole No one provision is to be separated from all the others to effectuate the great purposes of the instrument. (9) Every part to be given effect No portion should be treated as superfluous. (10)Conflicting provisions to be harmonized If irreconcilable where one is general and the other, special, the latter must prevail in respect to its subject matter. But where one provision cannot be considered as an exception to another, and they are repugnant to each other, that which is last in order of time and in local position will prevail. (11)Ordinary meaning of words Words must be given the meaning that they possessed at the time of the adoption of the constitution. Where words are used which have both a restricted and general meaning, the latter must prevail over the former. (12)Implications Whatever is necessary to render effective any provision of a constitution, whether the same be a prohibition or a restriction, or a grant of power, must be deemed implied in the provision.

(13)Other rules apply the following principles: expressio unius est exclusio alterius; noscitur a sociis. 123. Extrinsic Aids in the Construction of Constitutions (1) Contemporaneous construction Contemporaries of the makers of the constitution had the best opportunities of informing themselves of the understanding of the framers. (2) Executive construction Contemporaneous and long continued construction of a constitution by the executive department is entitled to a great weight in a judicial interpretation. (3) Legislative construction (4) Contemporaneous circumstances Courts may look to the history of the times and examine the state of things existing when the constitution was framed and adopted. (5) Proceedings of constitutional convention While it is true that the intent of the convention is not itself controlling, its proceedings were preliminary to the adoption by the people and the understanding of the convention as to what was meant by the terms of the constitutional provision which was subject of the deliberation goes a long way toward explaining the understanding of the people when they ratified it.