unit IV : basic guidelines in the

construction and interpretation of

statutes

Sirs example:
Ombudsman has the power to warning, dismiss, suspend, repremand,
remove a person. The term suspend does not include preventive
suspension since the CD enumerates penalties and preventitve
suspension is not a form of penalty.
Act of hoarding does not fall under deception enumerated in law [CocaCola v Gomez]

2. considerations within the statute

UBI LEX NON DISTINGUIT NEC NOS DISTINGUERE DEBEMOS

[where the law does not distinguish, the courts should not distinguish]
Sirs example:
Would you please get me water he didnt distinguish whether it be hot,
or cold, with lemon or what, STATCON principle, hindi magagalit
regardless kung ano ibigay, cause he didnt specify
GOCC was not distinguished on how it was created so Ombudsman has
jurisdiction over them [People v Sandiganbayan]

EJUSDEM GENERIS

DOCTRINE OF NECESSARY IMPLICATION

[what is implied in a statute is as much a part thereof as that which is

expressed]
No statute can be enacted that can provide all the details involved in its
application. This is so because the greater includes the lesser, in eo plus sit,
simper inest et minus.
Sirs example:
The president has power to appoint has the implication that he has the
power to revoke the same. Not expressed, but deemed included

[of the same kind of specie]

VG being expressly vested of being SPs presiding officer, it is necessarily

implied that he has administrative control over SP. [Atienza v Villarosa]

Nominalism. Usually followed by and others or and the like. If youre

not included in the enumeration, then you are deemed excluded. What
the law enumerated serves as examples, not intended to limit, or make
the list exclusive.

The power expressly mention in the LGC to hold extension of classes gives
the implication that they are allowed to hire teachers [COA v Cebu]

Where a general word or phrase follows an enumeration of particular

words of the same class, the word is to be construed to be akin, or
resembling the same kind mentioned. Common denominator
Sirs example:
Dog, cat, chicken, and others logic or common denominator [CD] of
the enumeration is that the animals are domesticated
Amusement tax was followed by theater, cinemas, and the like, resorts
do not fall under CD of viewing [Pelizloy v Benget]

NOSCRITUR A SOCII

[a thing known by its associates]

There must be a word, term, phrase, sentence, that is ambiguious, and in
order to resolve such, one must consider accompanying words
Requires specifics, for it to be applied, one word should be ambiguous
TTL

Jess example:
Youre in a class and you want to hold a birthday party and you go Hey
everyone Im having a birthday party, implied that everyone is invited
and cant really say oh you didnt invite me.

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS:

Doctrine of Negative Implication
[the express mention of a thing, act, or consequence exclude all others]
Ejusdem Generis
Inclusive of other things as
signaled by the words and
the like included

Expressio Unius
Enumeration is exclusive to
just that

In [Sterling v Laguna Lake], the court applied Ejusdem Generis and not
Expressio Unius because the law defining cottage industry has the word
including illustrates non-exclusivity of the list.

What is excluded is deemed not included.

Rigor StatCon after midterms topic

Marriage can only be between a man and a woman with the inclusion
man & woman, excludes all other gender identification
Sirs example:
Ang mga kaibigan ko ay sina Dagdagan, Biscocho, Valera Kung yan
enumeration, friend mo ba si Abalos? Valera? No, cause they where not
enumerated
The enumeration of which commissions have fiscal autonomy in the
consitution COA, COMELEC, CSC is clear and exclusive. CHR,
although a commission is deemed excluded. [CHREA v CHR]

[referring each to each]

Sirs example:
I will eat and drink my cake and coffee. eat refers to cake, and drink
to coffee
I will buy for myself and my girlfriend, sanitary napkins and condoms
napkin for girlfriend, condoms for me
I can fly and drive a plane and a car
The provision cited cases and matters shall be decided or resolved
reveals the intention of the framers to draw a distinction between cases
and matters: cases are decided while matters are to be resolved.
[Fortich v Corona]

CASUS OMISSUS PRO OMISSO HABENDUS EST

[a person, object, or thing omitted from an enumeration in a statute must

be held to have been omitted intentionally]
Expressio Unius

Requires an omission
Requires two laws being
compared,
where
the
earlier law contains an item
but in the subsequent law
omitted the said item.

Enumeration itself is being

looked at, not another law

IN PARI MATERIAL
When they relate to the same person or thing or to the same class of
persons or things, or object, or cover the same specific or particular
subject matter.

Example:
Juvenile Justice Law, Child Welfare Act, VAWC, in case of conflict will
consider all those laws with regards to the subject of child protection.
A statute must be interpreted, not only to be consistent with itself, but also
to harmonize with other laws on the same subject matter, Every statute
must be so construed and harmonized with other statutes as to form a
uniform system of jurisprudence. PD No. 1594 should be construed
together with PD 454, a prior law defining what direct act of the
governments are. PD 1594 and PD 454 are in pari material. [PEZA v
Greenasia]
Same with PEZA, a statute must be interpreted, not only to be consistent
with itself, but also to harmonize with other laws on the same subject
matter. Rule 111 Sec. 7 ROC should be construed in pari material with Sec.
36 Civil Code. However there was a conflict between them, Rule 111 is
clear The elements of a prejudicial question are: (a) the previously
instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action. In Art. 36, before any
criminal prosecution may be instituted or may proceed" must be
interpreted to mean that a prejudicial question exists when the civil
action is filed either before the institution of the criminal action or during
the pendency of the criminal action. Since Rule 111 is the clear
interpretation, Art 36 much follow that. [Dreamworks v Janiola]

GENERALIA SPECIALIBUS NON DEROGANT

[a general law yields to a special law]

Unlike the payment of salaries of teachers falling under establishment

and maintenance of
extension clases and operation and
maintenance of public schools the enumeration regarding scholarship
TTL

3. considerations outside the statute

principles requires to examine a law in relation to other laws

Simply laws on the same subject matter.

REDDENDO SINGULA SINGULIS

Casus Omissus

grants in RA 5447 granting SEF powers was intentionally omitted in the

subsequent law, LGC.

"Implied exception (generalia specialibus non derogant). When two

provisions are in conflict and one of them deals specifically with the
matter in question while the other is of more general application, the

Rigor StatCon after midterms topic

conflict may be avoided by applying the specific provision to the

exclusion of the more general one.
The specific prevails over the general; it does not matter which was
enacted first. In effect, the specific provision implicitly carves out an
exception to the general one.

Exception to the rule: where a special law merely establishes a general

rule while the general law creates a soecific and special rule, the general
law will prevail.
Omnibus Election Code special law regarding elections, LGC general law
about local governments in general, LGC prevailed and was treated as a
special law because it specified the special rule on qualifications on
candidates for local positions [Magno v COMELEC]
ADR Law prevails over the Corporate Code since it deals with the specific
matter of alternative disputes. [Tuna v Kingford]
The Passport Law prevails over the Civil Code provisions with regards to
the use of surnames to be used in passports because the former is specific
on the matter. [Remo v DFA]
Another exception to the rule: where the legislature clealry intended the
later general enactment to cover th whole subject and to repeal all prior
laws inconsistent with it.
IN SUM Execeptions are:
(1) Legislature clearly intended for the later general law to prevail
(2) When the special law only mentions a general rule and the
general law contains the specific rule.
Generalia specialibus non
derogat

Lex specialis derogat legi

generalis

Regardless of the time

element, as a general rule,
a general law would yield
to a special law

Refers to whether a prior

general law is repealed by
a subsequent special law.

States a general principle

Specifies
repeal

instances

of

LEX POSTERIOR DEROGAT PRIORI

[more recent law prevails over an earlier law]

Between an earlier law, and a later law, later law should be applied for
the reason that the more current expression of legislative intent.
The LGC prevailed over the Omnibus Election Code because the former
was subsequently enacted. [Magno v COMELEC]

LEX SPECIALIS DEROGAT LEGI GENERALIS

Special laws subsequently enacted repeals general laws.
Basically, a special law repeals a general law

LEX POSTERIOIR GENERALIS NON DEROGAT LEGI PRIORI

SPECIALIS
A subsequent general law does not repeal an earlier special law

BORROWED STATUTE RULE

[when another state adopts an identical statute from another state, any
settled judicial construction on the other state is persuasive on the state
that borrowed]
Adoption of a foreign law comes with it the interpretation adopted by
the courts in the state where it was borrowed.
Since the Philippine Insurance Code was pattered an borrowed from that
of the California Insurance code, court cited a case decided in California
holding that the security deposts are contingency funds. [Republic v Del
Monte]

INTERPRETARE ET CONCORDARE LEGES LEGIBUS EST OPTIMUS

INTERPRETANDI
[every statute must be so construed and harmonized with other statutes
as to form a uniform system of jurisprudence.]
A statute should be construed not only to be consistent with itself but also
to harmonize with other laws on the same subject matter, as to form a
complete, coherent and intelligible system.
Inherent in In Pari Material Rule. Check discussion on page 2

TTL

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unit V : aids to construction

vessel from a foreign port or place must have on board complete written
or typewritten manifests of all her cargoes. [Collector of Customs v
Relunia]

in construing particulars laws, there are tools to find the legislative intent.
This is divded into three: intrinc, extrinsic, presumptions

1. intrinsic aids

PUNCTUATIONS
Resorting to commas, or punctuations in general, are not given great

can be found in the four corners of the statute

With the exception of Titles, instrinsic aids is not a good defense if it will be
based on them alone. They serve as corroborative and need other
corroborating basis to be a sound argument.
They are useful aids to construction. But if the only basis and conclusion
for the particular interpretation, you cannot really say they are the intent
of Congress. But if you have basis other than the intrisic aids, you can say,
as part of your argument, the preamble, punctuations, etc.

weight. The use of a comma in the part of the sentence is to make "the
subsidiary imprisonment in case of insolvency" refer not only to nonpayment of the indemnity, but also to nonpayment of the [People v

Subido]
Aquinos argument is that in so far as the age requirement is
concerned, need not be present at the time of the election as the
requirements were separated. His basis for the argument is the
semi colon separated such. The court held that reliance on
punctuations is a hallow argument. [Feliciano v Aquino]

PREAMBLES

CAPITALIZATIONS

Speaks of the reason behind the enactment of the law. Its not part of the
statute, but merely an introductory clause. The preamble serves as the
key to the intent and spirit of the decree. It enumerates the facts or
events justifying the promulgation of the decree and the sanctions for the
acts prohibited therein. As such, although it is an aid in interpretation, the
preamble of an act or decree is not the law subject thereof. Appellants
novel theory must, therefore, be given short shrift. Preamble is not a part
of the elements of estafa. [People v Francisco]
The preamble, together with other provisions in the law showed that
retroactive application is called for. They did not stop by merely resorting
to the preamble to support their interpretation[PNB v Office of the
President]
Explanatory note in the cases of Municipality, League of Cities v
COMELEC

TITLE
Title clearly provides for irregularities and not criminal offenses. Since what
was charged with Ebelarde were criminal in nature, the cited law would
not apply. [Ebelarde v Scaldito]
The title can be resorted to as an aid where there is doubt as to the
meaning of the law or as to the intention of the legislature in enacting it,
and not otherwise. The Tax Court also overlooked or failed to give due
consideration to the provisions of Section 1228 which requires that every
TTL

In Re: Emil Johnson, basis for argument is the capitalization in the

epigraph. To Ebba, Section 636 of Code of Civil Procedure is applicable
only to wills of aliens, and in this connection attention is directed to the
fact that the epigraph of this section speaks only of the will made here by
an alien and to the further fact that the word "state" in the body of the
section is not capitalized. SC held that the state, being not capitalized,
does not mean that United States is excluded from the phrase.

HEADNOTES OR EPIGRAPHS
Headings are mere index to tell you were you are.
When the text itself of a statute or a treaty is clear and unambiguous,
there is neither necessity nor propriety in resorting to the preamble or
headings or epigraphs of a section of interpretation of the text, especially
where such epigraphs or headings of sections are mere catchwords or
reference aids indicating the general nature of the text that follows.
A mere glance at the titles to the articles of the Revised Penal code will
reveal that they were not intended by the Legislature to be used as
anything more than catchwords conveniently suggesting in a general
way the subject matter of each article. [People v Yabut]

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LINGUAL TEXT
4

There is the familiar precept that a codal provision is not to be interpreted

in isolation. It is axiomatic in legal interpretation that a code, such as the
RPC, should be construed as a whole. Courts are duty bound to
harmonize various provisions thereof. A code enacted as a single
comprehensive statute, is to be considered as such and not a series of
disconnected articles or statutes. Art. 97 should be read in conjunction
with Art. 94, which should likewise deemed to give meaning to the term
any prisoner in Art. 97. Art. 94 is embraced in the same chapter of the
RPC as Art 97. Both of them are in Book One. Title Four, Chapter Two
entitled Partial Extinction of Criminal Liability The VERY SAME HEADING
of Art. 94. Art. 94 seems to be the lead article of Chapter Two, because it
talks in general terms of eveything contained in said Chapter Two.
[Baking v Direcror of Prisons]
Tool

Degree of
Persuasiveness

Reason

Intrinsic Aids
Does not bestow any right

Preamble [PDs]

Not part of the statute

Explanatory Note
[passed by
Congress]

Low

Title

High

Provided for in the

Constitution

Punctuations

Low

For mere style, not really part

of the statue

Capitalization

Low

For mere style, not really part

of the statue

Headnotes or
Epigraphs

Low

Lingual Text

Low

Talks about reason behind the

law, circumstances why the
law is needed

Mere index

2. extrinsic aids

found outside the four corners of the statute

LEGISLATIVE HISTORY
High importance if the ambuguity would lead to absurdity or
injustice.
Penal statutes must take heed to the legislative history and
purpose in order to strictly determine the extent of the conduct
that the law forbids.
From the legislative history of the amendment with regards to
municipalities, together with the sponsorship speech and
deliberation of the said amendment, the municipalities under the
Cityhood Laws are deemed to be exempt from the new law.
[League of Cities v COMELEC]
Reviewed the legislative history of MMDA traced the delagated
power and status to MMDA. [MMDA v Garin]
CONTEMPORARY CONSTRUCTION
These are interpretations of law by the implementing
administrative agency [the executive officers of government].
Accorded great respect, but not controlling to the courts. This
means that when an administrative agency renders an opinion or
issues a statement of policy, the said agency are best to interpret
their own policies. [note: high degree of persuasiveness]
Rationale for the rule: there is an emergence in the multifarious
needs of a modernizing society for addressing and satisfying those
needs. Seen in the context, millue of the time the law was
enacted.
DICTIONARIES
Dictionaries are used to determine the ordinary meaning of
words used in either the Constitution or statutes.
A useful aid, but does not serve as substitutes for close analysis of
what words mean as used in a particular statutory context.

TTL

Rigor StatCon after midterms topic

legal presumption useful in interpreting a particular law

3. presumptions

You interpret words and phrases using its generic tems, unless otherwise
provided. [If a technical meaning was given]

OF CONSTITUTIONALITY

2. specific words

A certain statute, if not contested otherwise, is deemed to be

valid and constitutional.
This presumption is because you give deferrence to the two equal
branch of government that is needed in order to pass a law
Congress and the President (who signs them). Co-equality of
departments. The three-branches are interdependent
VERY STRONG PRESUMPTION manifested in:
1. In order for courts to know WON the law is constitutional, it
must first satisfy the requisites for judicial review: actual
case and contriversy, legal standing, earliest opportunity,
and lis mota of the case. Without any of the four, the case
maybe challenged.
2. What you cannot do directly, you cannot do indirectly
Unless otherwise repealed by a subsequent law or adjudged
unconstitutional by the Supreme Court, a law will always be presumed
valid and the first and fundamental duty of the court is to apply the law.

Disjunctive and conjuctive words

[OR]
Refers to disassociation of terms, meaning you have to take them
independently. May also mean successively, or same meaning as
the phrase that is to say

[AND]
This is used to denote a union being defined meaning as
together with, joined with, along or together with.

Mandatory and Directory words of may and shall

Means that they are merely permissive.

unit VII : constitutional construction

1. verba legis

[plain meaning rule]

AGAINST IMPLIED REPEAL

Whenever possible, the words used in the Constitution must be given their
ordinary meaning excep where technical terms are employed

The presumption against implied repeal is stronger when of two laws, one
is special and the other general; and this rule applies even though the
terms of the general act are broad enough to include the matter
covered by the special statute. [Republic v CA]

[the reason of the law is the soul of the law]

In case of conflict, harmonize first the laws, and only if there are
irreconcilable differences should an implied repeal happen.

unit VI : interpretation of words and

phrases
1. general words and phrases
Generic words
Words with commercial meaning
Words with technical or legal meaning
TTL

2. ratio legis est anima

The words of the Constitution should be interpreted in accordance with
the intent of its framers.

3. ut magis valeat quam pereat

[laws should be interpreted with a viiew of upholding it rather than

destroying it]
The Constitution is to be interpreted as a whole. The members of the
ConCom could not have dedicated a provision of our Constitution
merely for the benefit of one person wirhout considering that it could also
affect others.

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