Chapter 6

Statute Construed as Whole and in Relation to Other Statutes

6.01 Generally

A statute is passed as a whole and not in parts or sections and is animated by one
general purpose or intent.
Each part or section should be construed in connection with every other part and
section.

General Rule:
o The whole and every part of a statute should be construed together.

Rationale:
o To produce a harmonious whole and give effect to all its provision whenever
possible
o To grasp its true meaning

Note:
o Dangerous practice to base construction upon only a part of a section since one
portion may be qualified.

Aquino v Quezon City

A statute must be construed as a whole.
Every part of the statute must be interpreted with reference to the context.
The mistake of lumping Section 65 exclusively with sections 68 to 72.
Section 65 is to be construed together with sections 66 and 78.
All three operate in reference to tax methods in general.
Collection of Real Property Tax.
6.02 Intent ascertained from statute as whole

To Discover the Intents or Meaning of a statute:

o Dos:
Ascertained from the statute taken as a whole
Extracted from the statute as a whole
Construe with reference to every other part and every word and phrase in
connection with the context
o Do not:
Isolate parts, provisions, words, clauses, and phrases as a detached
expression
Segregate clauses

Why?
o Because Optima statute interpretatrix est ipsum statutum. The best interpreter of
a statute is the statute itself.

National Tobacco Am v COA

Should individuals continue to receive educational assistance benefit prior to enactment
of R.A. 6758
Conflicting provisions should be reconciled and harmonized
Legislative intent is just to include the fringe benefits which are in the nature of
allowances
Benefit under controversy is not in the same category
Educational assistance is not one of the fringe benefits within the contemplation of the
first sentence of Section 12, but the 2nd in relation to section 17 of RA 6758
6.03 Purpose or context as controlling guide

Statutes must receive a reasonable construction with reference to their controlling

purpose
o All their provisions, should not narrowly isolate and disjoined clauses, but rather
take all their provisions together in one rational view.
Grammatical construction, letter of the statute, rhetoric of the framework, should not be
permitted to defeat its clear and definite purpose to be gathered from the whole act.

6.04 Giving effect to statute as a whole

One part is as important as the other

Consider the whole act itself
Benefits of Giving effect to statute as a whole:
o Properly and intelligently construe a provision or section of a statute
o Understand its meaning and scope
Important Task of Courts
o To adopt a construction that will give effect to every part of the statute.
How?
o
o
o
o
o

End ConTAC
ENDeavor to make every part effective, harmonious, and sensible
Construe the constituent parts together
Take the thought conveyed by the statute as a whole
Ascertain the legislative intent from the whole act
Consider each and every provision thereof in the light of the general purpose of
the statute
Ut res magis valeat quam pereat: Construction is to be sought which gives effect to the
whole of the statute its every word.

JMM Promotions & Mgt. Inc. v NLRC

3 POEA Rules
1.) Cash or surety bond as a requirement for perfecting an appeal.
2.) To answer for all valid and legal claims against employer
3.) The amount to be placed in escrow to answer for claims of recruited workers.
Section 6 complements Sections 4 and 17

Apparently inconsistent provisions should be reconciled whenever possible as parts of a

coordinated and harmonious whole.

6.05 Apparently conflicting provisions reconciled

Conflicting provisions should be reconciled and harmonized.

All the provisions, even if apparently contradictory, should be allowed to stand and give
effect by reconciling them.

General Rule:
Reconcile the statute at all cost. Declaring a statute invalid should be the last resort.

Republic v Court of Appeals

RA 6657 Comprehensive Agrarian Reform Law

DAR vested with primary jurisdiction to determine and adjudicate agrarian reform
matters and shall have exlusive original jurisdiction over all matters involving
implementation of agrarian reform, except those of DA and DENR matters.
DAR is an administrative agency

6.06 Special and general provisions in same statute

All the provisions are given effect

Particular or special provision is construed as exception to the general provision.
Particular or special provision must be operative
General provision must be taken to affect only the other part of the statute to which it
may properly apply.

6.07 Construction as not to render provision nugatory

STATCON Rule:
A provision of a statute should be so construed as not to nullify or render nugatory another
provision of the same statute.

Interpretatio fienda est ut res magis valeat quam pereat. A law should be interpreted with
a view to upholding rather than destroying it.
One portion of a statute should not be construed to destroy the other.
Avoid construing a provision that would render it inoperative and ineffective.

6.08 Reason for the rule

Presumption:
o Legislature enacted a statute whose provisions are in harmony and consistent
with each other.
o Legislature did not intend to create any conflict

All laws are consistent with each other

Responsibility of courts
o To reconcile and harmonize the statute
o Avoid inconsistency and repugnancy
o To give the laws a conjoint, not a discordant effect

6.09 Qualification Rule

Harmony NOT Possible

o

Chose one which will best effectuate the legislative intent

How?
Refer to the circumstances of their passage and determine which should
prevail.

STATCON Rule:
Where absolute harmony between parts of a statute is demonstrably not
possible, the court must reject that one which is least in accord with the general
plan and intention of the statute

NO Feasible Selection ( Irreconcilable Conflict between 2 provisions)

o
o
o

The latter provision or section, being the last expression of the legislature will,
must, in construction, vacate the former to the extent of the repugnancy (LIFO).
The last in order of position is frequently held to prevail
UNLESS: It clearly appears that the intent of the legislature is otherwise.

6.10 Construction as to give life to law

Interpretatio fienda est ut res valeat quam pereat. Interpretation as will give the thing
efficacy is to be adopted.
Laws must receive sensible interpretation to promote the ends for which they are
enacted
Reasonable and practical construction is vital, as this will give life to the statute.

Paras v Comelec
Sec. 74 Local Government Code 1991: Any elective local official may be the subject of
recall only once during his term of office for loss of confidence. No recall shall take place
w/in 1 year from date of assumption or 1 year immediately preceding a regular local
election.
Regular local election includes SK?
Office held by a local elective official sought to be recalled will be contested and be filled
by the electorate

6.11 Construction to avoid surpluisage

STATCON Rule:
The rule that a statute should be given effect as a whole requires that the statute be so
construed as to make no part or provision thereof a surplusage.

Must not be so construed as to be useless surplusage

Must not be so construed as to be meaningless in the sense of adding nothing to the law
or having no effect whatsoever therein.
o Each and every part of the statute is given due effect and meaning in relation to
the rest.
Presumption: The legislature, in enacting a statute, is supposed not to insert a provision
which is unnecessary and a surplusage.

6.12 Application of Rule

6.13 Statute and its amendments construed together

STATCON Rule:
o All parts of a statute are to be harmonized and reconciled so that effect may be
given to each and every part thereof applies to the construction of a statute and
its amendments.
Changes in the form of amendments to a statute should be given effect together with
other parts of the amended act.
The statute and its amendments should be read together and harmonized.

B. Statute Construed in Relation to Construction and Other Statues

6.14 Statute construed in harmony with the constitution

Constitution is the fundamental law to which all laws are subservient

To construe a statute in harmony with the fundamental law

STATCON Rule:
o A statute should be construed whenever possible in a manner that will avoid
conflict with the constitution.

Statutes must not :

o Be in violation of the constitution
o Give rise to constitutional doubts

Presumption:
o The legislature adhered to the constitutional limitations.
o The courts should presume that it was the intention of the legislature to enact a
valid, sensible, and just law.

Conflicts in construction
o That construction in favor of its constitutionality shall be adopted, and the
construction that will render it invalid rejected
o Whatever the case may be, always adopt a statute which will void the the effect
of unconstitutionality.

To save the statute from a declaration of unconstitutionality

o It must be given a reasonable construction that will bring within the fundamental
law
o Intention should always lean towards its validity
o The courts should favor that construction which gives it the greater chance of
surviving the test of constitutionality.

6.15 Statues in pari materia

Statutes are in pari materia when

o They relate to the same person or thing
o Have the same purpose or object
o Cover the same specific or particular subject matter

In pari materia
o Sufficient when two or more statutes relate to the same specific subject matter.

Not in pari materia

o If they refer to different specific matters although they both fall under the same
broad subject.

6.16 How statutes in pari materia construed.

Interpretare et concordare leges legibus est optimus interpretandi modus the best
method of interpretation is that which makes laws consistent with other laws.
o

every statute must be so construed and harmonized with other statutes as to

form a uniform system of jurisprudence.

Thus, provisions in an act which are omitted in another act relative to the same
subject matter will be applied in a proceeding under the other act, when not
inconsistent with its purpose.

In the absence of a showing to the contrary, all laws are presumed to be consistent.

6.17 Reasons why laws on the same subject are reconciled

Because enactment of the same legislature on the same subject are supposed to form
part of one uniform system.
o

Later statutes are supplementary or complimentary to earlier enactments..

6.18 Where harmonization is impossible

One has to give way in favor of the other

There cannot be two conflicting laws on the same subject

6.19 Illustration of Rule

King v Hernaez
RA 1180 Retail Trade Nationalization Act
Implies to ownership and not to management, control or operation
Nevertheless, flaw in law cannot be availed by unscrupulous alien to subvert nationalistic
purpose
6.20 General and special statutes

General statute
o
o
o

Applies to all of the people of the statute or to al of a particular class of persons

in the state with equal force
Embraces a class of subjects or places and does not omit any subject or place
naturally belonging to such class
One of universal application affecting the entire community

Special statue
o Relates to particular persons or things of a class or to a particular portion or
section of the state only

A general and special law on the same subject are statutes in pari materia

Where there are to acts, one of which is special and particular and the other general
which, if standing alone, would include the same matter and thus conflict with the special
act,
o

The special must prevail

Since it evincesthe legislative intent more clearly than that of a general
statute

must be taken as intended to constitute an exception to the general act.

The circumstance that the special law is passed before or after the general act
does not change the principle.

Where special law is later regarded as an exception to, or qualification

of, the prior general act

Where general act is later special statute will be construed as remaning

an exception to its terms, unless repealed expressly or by necessary
implication.

6.21 Reason for the Rule

The legislature in passing a law of special character has its attention directed to the
special facts and circumstances which the special act is intended to meet.

6.22 Qualification of the Rule

The rule that general law must yield to special law in the specific and particular subject
embraced in the latter, irrespective of the date of passage of the special law, is not
absolute.
Exceptions:
o Where legislature clearly intended that the later general law enactment to cover
the whole subject and repeal all prior laws inconsistent therewith.
o Where the special law merely established a general rule while the general law
creates a specific and special rule.

6.23 Reference statutes

A statute which refers to other statutes and makes them applicable to the subject of
legislation.

Effects:
1. The adoption of a statute by reference makes it as much a part of the adopting
statute as if it had been incorporated therein in full.
2. The adoption by reference of a statute that was previously repealed revives the
statute.
o Takes the adopted statute as it exists at the time of adoption and does not
include subsequent changes or modification of the of the statute so taken,
unless it does so expressly.

6.24 Supplemental statutes

Is one intended to supple deficiencies in an existing statute, and to add, to complete or
extend the statute without changing or modifying its original text.
6.25 Reenacted statutes

A statue which reenacts a previous statue or provisions thereof.

Reenactment one in which the provisions of an earlier statute are reproduced in the
same or substantially the same words.

Reenactment may also be made by reference

Montelibano v Ferrer
Criminal complaints filed by offended parties directly with the courts without intervention
of the City Fiscal Manila cannot be legally done.
Framers had reproduced the former with the intent of adopting also its settled
interpretation by the juducial department.
Criminal complaint filed is invalid and city court orders to dismiss it
6.26 Adoption of contemporaneous construction

Reenactment of a statue which has received a practical or contemporaneous

construction is a persuasive indication of the adoption by the legislature of the prior
practical or executive construction.

Thus, in constuing reenacted statute, court should consider such prior

contemporaneous construction.

6.28 Adopted statutes

A statute patterened after, or copied from a statute of a foreign country

In construing such, construction of the courts from where the statute originated should
be taken into consideration, as well as the law itself and the practices under it.
o However, it does not apply to construction of the statue subsequent to its
adoption, although it has a persuasive effect on the interpretation of the adopted
statute.