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express repeal, a subsequent law cannot be construed as repealing a prior law unless
an irreconcilable inconsistency and repugnancy exists in terms of the new and old
laws.
PRESUMPTION AGAINST INEFFECTIVENESS
In the interpretation of a statute, the Court should start with the assumption that the
legislature intended to enact an effective statute.
PRESUMPTION AGAINST ABSURDITY
Statutes must receive a sensible construction such as will give effect to the legislative
intention so as to avoid an unjust and absurd conclusion. Presumption against
undesirable consequences were never intended by a legislative measure.
PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW
Philippines as democratic and republican state adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy
of peace, equality, justice, freedom, cooperation, and amity with all nations. (Art. II,
Sec. 2, Phil. Constitution).
LEGISLATIVE HISTORY
Generally speaking, the history of the statute refers to all its antecedents from its
inception until its enactment into law. Its history proper covers the period and the
steps done from the time the bill is introduced until it is finally passed by the
legislature
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1.
2.
3.
4.
Philippine Commission
The Philippine Legislature
The Batasang Pambansa
The Congress of the Philippines
KINDS OF STATUTE
1. Public Statute One which affects the public at large or the whole community
a. General Law one which applies to the whole state and operates
throughout the state alike upon all the people or all of a class
b. Special Law one which relates to particular persons or things of a class or
to a particular community individual or thing
c. Local Law one whose operation is confined to a specific place or locality
2. Private Statute one which applies only to a specific person or subject
3. Substantive Law law that tells us what our rights and duties are and what
constitutes violation of such rights and duties
4. Remedial Statute or Procedural Laws A statute providing means or methods
whereby causes of action may be effectuated
5. Penal Statute A statute that criminal offenses and specify fines and
punishment
6. Prospective Law A law applicable only to cases which shall arise after its
enactment
7. Retrospective Law A law which looks backward or contemplates the past; one
which is made to affect acts or facts occurring, or rights occurring before it
came into force
8. Mandatory Statutes Generic term describing statutes which require and not
merely permit a course of action
9. Directory Statutes a statute which is permissive or directory in nature and
merely outlines the act to be done in such a way that no injury can result from
ignoring it or that purpose can be accomplished in a manner other than that
prescribed and substantially the same result obtained.
10.Permanent Statute one whose operation is not limited in duration but
continues until repealed. It does not terminate by the lapse of a fixed period or
by the occurrence of an event.
11.Temporary Statute a statute whose duration is for a limited period of time
fixed in the statute itself or whose life ceases upon the happening of an event
COMMON SUBJECT OF CONSTRUCTION AND INTERPRETATION
Constitution
Statutes
Ordinances
Resolutions
Executive Orders
Department Circulars
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CLASSIFICATION OF INTERPRETATION
1. LIMITED OR RESTRICTED INTERPRETATION Influenced by other principles than
the strictly hermeneutic ones
2. PREDESTINED INTERPRETATION Takes place when the interpreter, laboring
under a strong bias of mind, makes the text subservient to his preconceived
views and desires.
LEGISLATIVE POWER It is the power or competence of the legislature to enact,
ordain, alter, modify, repeal or abrogate existing laws
LAW It is a rule of conduct, just and obligatory, laid down by legitimate authority for
common observance and benefit
SOURCES OF LAW
1.
2.
3.
4.
5.
6.
7.
Constitution
Statutes
Presidential decrees and executive orders
Rulings of the Supreme Court
Administrative order, regulations and rulings
Ordinances
Custom
ELEMENTS OF LAW
1.
2.
3.
4.
5.
It is a rule of conduct
Law must be just
It must be obligatory
Laws must be prescribed by legitimate authority and
Law must be ordained for the common benefit
BILL - is the draft of a proposed law from the time of its introduction in a legislative
body through all the various stages in both houses.
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1s2nd3rPRESIdt ReReaaDddENiinn gg T
NOTE: If after such reconsideration, two thirds of all members of the originating
House shall agree to pass the bill, it shall be sent to the other House together with
the objections by which it shall also be considered. If then approved by again twothirds, the bill shall become a law.
THREE WAYS BY WHICH A BILL PASSED BY CONGRESS BECOMES A LAW
1. When the President signs it.
2. When the President does not sign nor communicate his veto of the bill within 30
days after his receipt thereof
3. When the vetoed bill is re-passed by 2/3 votes of all the members of the
Congress voting separately
CONSTITUTIONAL REQUIREMENTS OF THE PASSAGE OF A BILL
1. Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof.
2. No bill passed by either House shall become law unless it has passed three
readings on separate days, and printed copies thereof in its final form have
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been distributed to each member three days before its passage. Except when
the President certifies to the necessity its immediate enactment to meet public
calamity or emergency. Upon the last reading of a bill no amendment thereto
shall be allowed and the vote thereon shall be taken immediately thereafter
and the yeas and nays entered in the journal (Art. VI Sec. 26 of the 1987
Constitution)
3. Every bill passed by the Congress shall before it becomes a law, be presented to
the President. If he approves the same he shall sign it otherwise, he shall veto
it and return the same with his objections to the House where it originated,
which shall enter the objections at large in its Journal and proceed to
reconsider it (Art. VI Sec. 26 of the 1987 Constitution)
PARTS OF STATUTE
a. Title the heading on the preliminary part, furnishing the name by which the
act is individually known.
b. Enacting clause part of statute which declares its enactment and serves to
identify it as an act of legislation proceeding from the proper legislative
authority.
c. Repealing Clause - announces the prior statutes or specifies provisions which
have been abrogated by reason of the enactment of the new law.
d. Saving Clause restriction in a repealing act, which is intended to save rights,
pending proceedings, penalties, etc. from the annihilation which would result
from an unrestricted repeal.
e. Separability Clause provides that in the event that one or more provisions or
unconstitutional, the remaining provisions shall still be in force.
f. Effectivity Clause That part of the statute which announces the effective date
of the law.
PRESIDENTIAL ISSUANCE
Presidential issuances are those which the President issues in the exercise is ordinance
power. They include executive orders, administrative orders, proclamations,
memorandum order and memorandum circulars.
SUPREME COURT RULINGS/CIRCULARS
Article 8 of the Civil Code 1987 Philippine Constitution.
RULES AND REGULATIONS PROMULGATED BY ADMINISTRATIVE OR EXECUTIVE
OFFICERS PURSUANT TO A DELEGATED POWER
1. ORDINANCE
It is an act passed by the local legislative body in the exercise of its law
making authority.
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It
It
It
It
It
It
must
must
must
must
must
must
VALIDITY OF A LAW
Every statute is presumed valid
ESSENTIAL REQUISITES FOR JUDICIAL INQUIRY INTO THE CONSTITUTIONALITY OF
A LAW
1. There must be an actual case or controversy involving a conflict of legal rights
susceptible of judicial determination
2. The question of constitutionality must be raised by the proper party
3. The constitutional question must be raised at the earliest possible opportunity and
4. The decision of the constitutional question must be necessary to the determination
of the case itself
TAXPAYERS, VOTERS, CONCERNED CITIZENS AND LEGISLATORS MAYBE ACCORDED
STANDING TO USE PROVIDED THAT THE FOLLOWING REQUIREMENTS ARE MET:
1. Cases involve constitutional issues
2. For taxpayers, there must be a claim of illegal disbursement of public finds or that
the measure is unconstitutional
3. For voters, there must be a showing of obvious interest in the validity of the
election law in questions
4. For concerned citizens, there must be a showing that the issues raised are of
transcendental importance which must be settled early; and
5. For legislators, there must be a claim that the official action complained of
infringes upon their prerogatives as legislators
LEGISLATIVE INTENT
For construction purposes does not mean the collection of the subjective wishes,
hopes, and prejudices of each and every member of the legislature, but rather the
objective footprints left on the trail of legislative enactment.
VERBA LEGIS
If the language of the statute is plain and free from ambiguity, and express a single,
definite, and sensible meaning, that meaning is conclusively presumed to be the
meaning which the legislature intended to convey.
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CONTEMPORANEOUS CONSTRUCTION
As contemporaneous construction is the construction placed upon the statute by an
executive or administrative officer called upon to executive or administer such
statute.
Maxim: contemporeneaest optima et fortissimo in lege (the contemporary
construction is strongest in law.)
With the duty to enforce the laws comes the interpretation of its ambiguous
provisions.
STARE DECISIS
The decision of the Supreme Court applying or interpreting a statute is controlling
with respect to the interpretation of that statute and is of greater weight than that of
an executive or administrative officer in the construction of other statutes of similar
import.
DOCTRINE OF NECESSARY IMPLICATION
What is implied in a statute is as much a part thereof as that which is expressed.