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II. First reading reading the number and Importing absolute verity and is binding
title, referral to the appropriate committee on the courts
for study and recommendation o It carries on its face a solemn assurance
that it was passed by the assembly by the
Committee hold public hearings and legislative and executive departments.
submits report and recommendation for
calendar for second reading Courts cannot go behind the enrolled act
to discover what really happened
III. Second reading bill is read in full (with o If only for respect to the legislative and
amendments proposed by the committee) executive departments
unless copies are distributed and such
reading is dispensed with Thus, if there has been any mistake in the
printing of the bill before it was certified by
the officer of the assembly and approved by The Presidents ordinance power includes
the Chief Executive, the remedy is by the authority to issue EO, AO,
amendment by enacting a curative Proclamations, MO, MC and general or
legislation not by judicial decree. specific orders Requirement of publication
applies except if it is merely interpretative or
Enrolled bill and legislative journals - internal in nature not concerning the public
Conclusive upon the courts
2 types:
If there is discrepancy between enrolled o Those whose purpose is to enforce or
bill and journal, enrolled bill prevails. implement existing law pursuant to a valid
delegation or to fill in the details of a
EFFECTS OF WITHDRAWAL OF statute; requires publication
AUTHENTICATION
Speaker and Senate President may o Those which are merely interpretative in
withdraw if there is discrepancy between nature or internal; does not require
the text of the bill as deliberated and the publication
enrolled bill.
o Nullifies the bill as enrolled Requirements of filing (1987
o Losses absolute verity Administrative Code):
o Courts may consult journals o Every agency shall file with the UP Law
Center 3 certified copies of every rule
Effects of unconstitutionality adopted by it. Rules in force on the date of
It confers no rights effectivity of this Code which are not filed
Imposes no duties within 3 months from that date shall not
Affords no protection thereafter be the basis of any sanction
Creates no office against any party/ persons When local
In general, inoperative as if it had never ordinance takes effect
been passed
Unless otherwise stated, the same shall
2 views: take effect 10 days from the date a copy is
o Orthodox view unconstitutional act is not posted in a bulletin board at the entrance of
a law; decision affect ALL the provincial capitol or city, municipality or
barangay hall, AND in at least 2 other
o Modern view less stringent; the court in conspicuous places in
passing upon the question of
unconstitutionality does not annul or repeal The secretary to the Sangguinian
the statute if it finds it in conflict with the concerned shall cause the posting not later
Constitution; decisions affects parties ONLY than 5 days after approval; text will be
and no judgment against the statute; disseminated in English or Tagalog; the
opinion of court may operate as a precedent; secretary to the Sangguinian concerned
it does not repeal, supersede, revoke, or shall record such fact in a book kept for that
annul the statute purpose, stating the dates of approval and
posting
WHEN LAWS TAKE EFFECT
Art 2 CC - xxx laws to be effective must be Gist of ordinance with penal sanctions
published either in the Official Gazette or in shall be published in a newspaper of general
a newspaper of general circulation in the circulation within the respective province
country concerned; if NO newspaper of general
circulation in the province, POSTING shall
o The effectivity provision refers to all be made in all municipalities and cities of the
statutes, including those local and private, province where the Sanggunian of origin is
unless there are special laws providing a situated
different effectivity mechanism for
particular statutes For highly urbanized and independent
component cities, main features of the
Sec 18 Chapter 5 Book 1 of Administrative ordinance, in addition to the posting
Code requirement shall be published once in a
local newspaper. In the absence of local
Effectivity of laws o default rule 15-day newspaper, in any newspaper of general
period o must be published either in the OG circulation
or newspaper of general circulation in the o Highly urbanized city minimum
country; publication must be full population of 200,000 and with latest
annual income of at least 50M Php
The clause unless it is otherwise provided Statutes continue in force until repealed
solely refers to the 15-day period and not
to the requirement of publication When Permanent/ indefinite law once
Presidential issuances, rules and established continues until changed by
regulations take effect competent legislative power. It is not
changed by the change of sovereignty, except o acts of the president on matters relating
that of political nature to internal administration which the
President desires to bring to the attention
Temporary in force only for a limited of all or some of the departments, agencies,
period, and they terminate upon expiration bureaus, or offices of the government, for
of the term stated or upon occurrence of information of compliance
certain events; no repealing statute is
needed Territorial and personal effect of General or Specific Order
statutes o Acts and commands of the President in
his capacity as Commander-in-Chief of the
All people within the jurisdiction of the AFP
Philippines
WEEK 4 & 5
COA -regulations issued by CONCOMS GENERAL CONCEPTS OF
excepted for filing at the UP-Law Center CONSTRUCTION
STATUTORY CONSTRUCTION DEFINED:
IRRs-Delegated Authority, needs to be >Branch of law dealing with the
published interpretation of laws enacted by
legislature. Judicial function is required
Resolution expresses the sentiment of when a statute is invoked and different
Sangguniang Bayan/local body interpretations are argued or stated. (Black's
Law Dictionary 6th Ed) --[IL]
ORDINANCE POWERS OF THE PRESIDENT
Presidential issuances >art or process of Discovering & Expounding
are those which the president issues in the the Meaning and Intention of the authors of
exercise of ordinance power. the law with Respect to its Application to a
given Case, where that interpretation is
i.e. EO, AO (administrative orders), rendered doubtful, amongst others, by
proclamations, MO (memorandum orders), reason of the fact that the given case is not
MC (memorandum circulars), and general or explicitly provided for in the law. --
special orders. [DEMIRAC]
Have force and effect of laws. >deals with interpretation and construction
of laws with the end in view of ascertaining
EO o acts of the President providing for its true meaning, intent and proper
rules of a general or permanent character in application
the implementation or execution of
constitutional/ statutory powers. STATCON MAY BE APPLIED TO:
a. Ordinances
o do not have the force and effect of laws b. Executive Orders by President
enacted by congress c. Administrative Orders by Administrative
Agencies
o different from EO issued by the President d. Instrumentalities form Constitutional
in the ex of her legislative power during the bodies and by law (CSC,COMELEC, COA)
revolution Presidential decree under the e. Contracts between persons (private
freedom constitution contracts)
NOT rules of law but mere axioms of Circumstances of time, place, event,
experience person and particularly attendant
circumstances and actions before, during
In enacting a statute, the legislature is and after the operative fact have taken their
presumed to know the rules of statutory totality so that justice can be rationally and
construction, in case of doubt, be construed fairly dispensed.
in accordance with the settled principles of
interpretation. Moot and academic
o Purpose has become stale
Legislature sometimes adopts rules of o No practical relief can be granted
statutory construction as part of the o Relief has no practical effect
provisions of the statute: - see examples
page 49-50 General rule (on mootness) dismiss the
case
Legislature also defines to ascertain the o Exception:
meaning of vague, broad words/ terms If capable of repetition, yet evading
review
Purpose of object of construction Public interest requires its resolution
The purpose is to ascertain and give effect Rendering decision on the merits would
to the intent of the law. be of practical value Legislative cannot
overrule judicial construction
The object of all judicial interpretation of a
statute is to determine legislative intent, It cannot preclude the courts from giving
either expressly or impliedly, by the the statute different interpretation
language used; to determine the meaning
and will of the law-making body and discover Legislative enact laws
its true interpretations of law. Executive- to execute laws
Judicial- interpretation and application
Legislative intent, generally
is the essence of the law If the legislature may declare what a law
means it will cause confusionit will be
Intent is the spirit which gives life to violative of the fundamental principles of the
legislative enactment. It must be enforced constitution of separation powers.
when ascertained, although it may not be
consistent with the strict letter of the Legislative construction is called resolution
statute. It has been held, however, that that or declaratory act
the ascertainment of legislative intent
depends more on a determination of the When court may construe statute
purpose and object of the law. The court may construe or interpret a
statute under the condition that THERE IS
Intent is sometimes equated with the word DOUBT OR AMBIGUITY
spirit.
Ambiguity a condition of admitting 2 or become vested or impairs he obligations of
more meanings. Susceptible of more than contract and hence is unconstitutional.
one interpretation.
LIMITATIONS ON POWER TO CONSTRUE
Only when the law is ambiguous or Courts may not enlarge nor restrict statutes
doubtful of meaning may the court interpret Courts are not authorized to insert into the
or construe its intent. Court may not law what they think should be in it or to
construe where statute is clear supply what they the legislature would have
supplied if its intention had been called to
A statute that is clear and unambiguous is the omission.
not susceptible of interpretations.
They should not by construction, revise
First and fundamental duty of court to even the most arbitrary or unfair action of
apply the law the legislature, nor rewrite the law to
conform to what they think should be the
Construction very last function which the law.
court should exercise
Neither should the courts construe
Law is clear no room for interpretation, statutes which are perfectly vague for it
only room for application violates due process
o Failure to accord persons fair notice of
Courts cannot enlarge or limit the law if it the conduct to avoid
is clear and free from ambiguity (even if law
is harsh or onerous o Leave law enforcers unbridled discretion
in carrying out its provisions
A meaning that does not appear nor is
intended or reflected in the very language of 2 leading stars on judicial construction
the statute cannot be placed therein by o Good faith o commonsense
construction
an utterly vague act on its face cannot be
Rulings of Supreme Court part of legal clarified by either a saving clause or by
system construction Courts not to be influenced by
Art. 8 CC Judicial decisions applying or questions of wisdom
interpreting the laws or the Constitution
shall form part of the legal system of the Courts do not sit to resolve the merit of
Philippines conflicting theories
Courts do not pass upon question of
Legis interpretato legis vim obtinet wisdom, justice or expediency of legislation,
authoritative interpretation of the SC of a for its not within their province to supervise
statute acquires the force of law by becoming legislation and keep it within the bounds of
a part thereof as of the date of its enactment, common sense.
since the courts interpretation merely The court merely interpret regardless of
establishes the contemporaneous legislative whether or not they wise or salutary.
intent that the statute thus construed
intends to effectuate 1. PLAIN MEANING
VERBA LEGIS- whenever possible, the words
Stare decisis et non quieta novere when used in the Constitution must be given their
the SC has once laid down a principle of law ordinary meaning, except where technical
as applicable to a certain state of facts, it will terms are employed
adhere to that principle and apply it to all *Index animi sermo est (Speech is the index of
future casese where the facts are intention)
substantially the same Under the principles of statutory
o For stability and certainty construction:
1. If a statute is clears plain and free from
Supreme Court becomes, to the extent ambiguity, it must be given its literal
applicable, the criteria that must control the meaning and applied without attempted
actuations not only of those called upon to interpretation.
abide thereby but also of those duty-bound [This plain-meaning rule or verba
to enforce obedience thereto. legis derived from the
maxim index animi sermo est (speech is
SC rulings are binding on inferior courts the index of intention)] rests on the valid
Judicial rulings have no retroactive effect presumption that the words employed by,
the legislature in a statute correctly express
Lex prospicit not respicit - the law looks its intent or will and preclude the court from
forward, not backward construing it differently.
PENAL LAWS Comma and semi- colon are use for the
The statute should be construed as to same purpose to divide sentences, but the
advance the remedy and suppress the semi colon makes the division a little more
mischief contemplated by the framers. pronounce. Both are not used to introduce a
new idea.
The intention of the legislature and the
object aimed at, being the fundamental Punctuation marks are aids of low degree
inquiry in judicial construction, are to and can never control against the intelligible
control the literal interpretation of particular meaning of written words.
language in a statute, and language capable
of more than one meaning is to be taken in An ambiguity of a statute which may be
that sense which will harmonize with such partially or wholly solved by a punctuation
intention and object, and effect the purpose mark may be considered in the construction
of the enactment. (26 Am. & Eng. Ency. of of a statute.
Law., 602.)
The qualifying effect of a word or phrase
The statute, then, being penal, must be may be confined to its last antecedent if the
construed with such strictness as to latter is separated by a comma from the
carefully safeguard the rights of the other antecedents.
defendant and at the same time preserve the
obvious intention of the legislature. If the An argument based on punctuation is not
language be plain, it will be construed as it persuasive.
reads, and the words of the statute given
their full meaning; if ambiguous, the court D. AIDS TO CONSTRUCTION
will lean more strongly in favor of the 1. Associated words and Provisos
defendant than it would if the statute were Noscitur a sociis -Where a particular word or
remedial. In both cases it will endeavor to phrase is ambiguous in itself or is equally
effect substantial justice." susceptible of various meanings, its correct
construction may be made clear and specific
That penal laws are to be construed strictly by considering the company of words in
against the State and liberally in favor of the which it is founded or w/c it is associated.
accused.
Every meaning to be given to each word or
TAX LAWS phrase must be ascertained from the context
The rule is that taxes may not be imposed by of the body of the statute since a word or
implication,1 and "a tax statute is to be phrase in a statute is always used in
construed strictly and against the subjection association with other words or phrases and
to a tax liability where the question is its meaning may be modified or restricted by
whether a matter, property or person is the latter.
subject to the tax".
That the term under a construction should
As a rule, tax exemptions are construed be accorded no other meaning than that
strongly against the claimant or taxpayer which is consistent with the nature of the
and in favor of the govt. word associated therewith.
The rule of ejusdem generis which provides petitioner's theory, enervates it instead since
that "where, in a statute, general words it is basic in legal hermeneutics that "and" is
follow a designation of particular subjects or not meant to separate words but is a
classes of persons, the meaning of the conjunction used to denote a joinder or
general words will ordinarily be presumed to union.
be restricted by the particular designation,
class or nature as those specifically Doctrine of last antecedent
enumerated," Qualifying words restrict or modify only the
words or phrases to which they are
Expressio unius est exclusio alterius." immediately associated not those which are
It is an elementary rule of statutory distantly or remotely located. (Refer to the
construction that the express mention of nearest)
one person, thing, act, or consequence
excludes all others. This rule is expressed Ad proximum antecedens fiat relatio nisi
in the familiar maxim "expressio unius est impediatur sententia relative words refer to
exclusio alterius." Where a statute, by its the nearest antecedents, unless the context
terms, is expressly limited to certain otherwise requires
matters, it may not, by interpretation or
construction, be extended to others. The rule Rule: use of a comma to separate an
proceeds from the premise that the antecedent from the rest exerts a dominant
legislature would not have made specified influence in the application of the doctrine of
enumerations in a statute had the intention last antecedent.
been not to restrict its meaning and to
confine its terms to those expressly Qualifications of the doctrine.
mentioned. 7 1. Subject to the exception that where the
intention of the law is to apply the phrase to
"It is a well-settled rule of statutory all antecedents embraced in the provision,
construction that repeals of statutes by the same should be made extensive to the
implication are not favored and as much as whole.
possible, effect must be given to all
enactments of the legislature 2. Doctrine does not apply where the
intention is not to qualify the antecedent at
It is a basic rule in statutory construction all.
that the enactment of a later legislation
which is a general law cannot be construed Reddendo singular singuilis
to have repealed a special law. Where there Variation of the doctrine of last antecedent
is a conflict between a general law and a Referring each to each;
special statute, the special statute should Referring each phrase or expression to its
prevail since it evinces the legislative intent appropriate object, or let each be put in its
more clearly than the general statute." proper place, that is, the word should be
taken distributively.
According to the rule of casus omissus "a
case omitted is to be held as intentionally MAY AND SHALL
omitted. "The principle proceeds from a GENERAL RULE:
reasonable certainty that a particular The presumption is that the word "shall" in
person, object or thing has been omitted a statute is used is an imperative, and not in
from a legislative enumeration." Pursuant to a directory, sense. If a different
this, "the Court cannot under its power of interpretation is sought, it must rest upon
interpretation supply the omission even something in the character of the legislation
though the omission may have resulted from or in the context which will justify a different
inadvertence or because the case in question meaning.
was not foreseen or contemplated." "The
Court cannot supply what it thinks the EXCEPTION:
legislature would have supplied had its In the ordinary signification, "shall" is
attention been called to the omission, as that imperative, and not permissive, though it
would be judicial legislation." Stated may have the latter meaning when required
differently, the Court has no power to add by the context.
another member by judicial construction.
"Must" or "shall" in a statute is not always
The complete and applicable rule is ad imperative, but may be consistent with an
proximum antecedens fiat relatio nisi exercise of discretion.
impediatur sentencia. Relative words refer
to the nearest antecedent, unless it be The word "shall" is generally regarded as
prevented by the context. In the present imperative, but in some context it is given a
case, the employment of the word "and" permissive meaning, the intended meaning
between "facilities, improvements, being determined by what is intended by the
infrastructures" and "other forms of statute.
development," far from supporting
The word "shall" is to be construed as merely Reports of Commissions
permissive, where no public benefit or After 1st reading
private right requires it to be given an Prior laws from which statute is based
imperative meaning. Presumption is that Change in phraseology
word "shall" in ordinance, is mandatory; but, Amendment by Deletion
where it is necessary to give effect to Exceptions to the rule
legislative intent, the word will be construed Adopted Statutes
as "may."
Words like "may," "must," "shall" etc., are What constitutes legislative history
constantly used in statutes without History of a statute refers to all its
intending that they shall be taken literally, antecedents from its inception until its
and in their construction the object evidently enactment into law.
designed to be reached limits and controls
the literal import of the terms and phrases Its history proper covers the period and the
employed. steps done from the time the bill is
introduced until it is finally passed by the
legislature.
2. LEGISLATIVE HISTORY
A statute is susceptible of several What it includes:
interpretations or where there is ambiguity o Presidents message if the bill is enacted
in the language, there is no better means of in response thereto,
ascertaining the will and intention of the o The explanatory note accompanying the
legislature than that which is afforded by the bill
history of the statute. o Committee reports of legislative
investigations
Includes reports of legislative committee. o Public hearings on the subject of the bill
o Sponsorship speech
Transcripts of stenographic notes taken o Debates and deliberations concerning the
during hearing, legislative investigation or bill
legislative debates. o Amendments and changes in phraseology
in which it undergoes before final approval
General Rule: Personal opinions of some thereof.
legislators are not appropriate aids of o If the statute is based from a revision, a
construction. prior statute, the latters practical
application and judicial construction,
Exception: If there is unanimity among the o Various amendments it underwent
supporters & oppositors to a bill w/ respect o Contemporary events at the
to the objective sought to be accomplished,
debates may then be used as evidence of the Presidents message to legislature
purpose of the act. The president shall address the congress at
the opening of its regular session or appear
Where legislative intent is ascertained before it at any other time.
The primary source of legislative intent is
the statute itself. Usually contains proposed legal measures.
Indicates his thinking on the proposed
If the statute as a whole fails to indicate the legislation, when enacted into law, follows
legislative intent because of ambiguity, the his line of thinking on the matter.
court may look beyond the statute such as:
o Legislative history what was in the Explanatory note
legislative mind at the time the statute was A short exposition of explanation
enacted; what the circumstances were; accompanying a proposed legislation by its
what evil was meant to be redressed author or proponent.
When a statute is clear and free from Frequently, words do not materially affect
ambiguity, courts will not inquire into the the sense will be omitted from the statute as
motives which influence the legislature or incorporated in the code or revised statute,
individual members, in voting for its or that some general idea will be expressed
passage; no indeed as to the intention of the in brief phrases.
draftsman, or the legislators, so far as it has
not been expressed into the act. Adopted statutes
Foreign statutes are adopted in this
Reports of commissions country or from local laws are patterned
Commissions are usually formed to form parts of the legislative history of the
compile and collate all laws on a particular latter.
subject and to prepare the draft of the
proposed code. Prior laws from which statute Local statutes are patterned after or copied
is based from those of another country, the decision
of the courts in such country construing
Courts are permitted to prior laws on the those laws are entitled to great weight in the
same subject and to investigate the interpretation of such local statutes.
antecedents of the statute involved.
Limitations of rule
This is applicable in the interpretation of A statute which has been adopted from
codes, revised or compiled statutes, for the that of a foreign country should be
prior law which have been codified, compiled construed in accordance with the
or revised will show the legislative history construction given it in the country of origin
that will clarify the intent of the law or shed is not without limitations.
light on the meaning and scope of the
codified or revised statute. Principles of common law
Known as Anglo-American jurisprudence
Change in phraseology by amendments which is no in force in this country, save only
Intents to change the meaning of the insofar as it is founded on sound principles
provision. applicable to local conditions and is not in
conflict with existing law, nevertheless,
many of the principles of the common law
have been imported into this jurisdiction as
a result of the enactment of laws and o Handed down in an adversary proceeding
establishment of institutions similar to those in the form of a ruling by an executive
of the US. officer exercising quasi-judicial power.
May also be showmen by the legislature Inferior courts as well as the legislature
appropriating money for the officer cannot abandon a precedent enunciated by
designated to perform a task pursuant to the SC except by way of repeal or
interpretation of a statute. amendment of the law itself
General law does not repeal special law, Partial repeal leaves the unaffected
generally portions of the statute in force.
A general law on a subject does not operate
to repeal a prior special law on the same A particular or specific law, identified by its
subject, unless it clearly appears that the number of title, is repealed is an express
legislature has intended by the later general repeal.
act to modify or repeal the earlier special law.
All other repeals are implied repeals.
Presumption against implied repeal is
stronger when of two laws, one is special and Failure to add a specific repealing clause
the other general and this applies even indicates that the intent was not to repeal
though the terms of the general act are broad any existing law, unless an irreconcilable
enough to include the matter covered by the inconsistency and repugnancy exist in the
special statute. terms of the new and old laws, latter
situation falls under the category of an
Generalia specialibus non derogant a implied repeal.
general law does not nullify a specific or
special law Repealed only by the enactment of
subsequent laws.
The legislature considers and makes
provision for all the circumstances of the The change in the condition and
particular case. circumstances after the passage of a law
which is necessitated the enactment of a
Reason why a special law prevails over a statute to overcome the difficulties brought
general law: the legislature considers and about by such change does not operate to
makes provision for all the circumstances of repeal the prior law, nor make the later
the particular case. statute so inconsistent with the prior act as
to repeal it.
General and special laws are read and
construed together, and that repugnancy Repeal by implication
between them is reconciled by constituting Where a statute of later date clearly reveals
the special law as an exception to the general an intention on the part of the legislature to
law. abrogate a prior act on the subject, that
intention must be given effect.
General law yields to the special law in the
specific law in the specific and particular There must be a sufficient revelation of the
subject embraced in the latter. legislative intent to repeal.
Applies irrespective of the date of passage Intention to repeal must be clear and
of the special law. manifest
Application of rule
General rule: the latter act is to be There cannot be two conflicting law on the
construed as a continuation not a substitute same subject. Either reconciled or later
for the first act so far as the two acts are the repeals prior law.
same, from the time of the first enactment.
Leges posteriores priores contrarias
Two categories of repeals by implication abrogant (a later law repeals the prior law
Where provisions in the two acts on the on the subject which is repugnant thereto)
same subject matter are in an irreconcilable
conflict and the later act to the extent of the Implied repeal by irreconcilable
conflict constitutes an implied repeal of the inconsistency takes place when two statutes
earlier. cover the same subject matter, they are so
clearly inconsistent and incompatible with
If the later act covers the whole subject of each other that they cannot be reconciled or
the earlier one and is clearly intended as a harmonized, and both cannot be given effect,
substitute, it will operate similarly as a that one law cannot be enforced without
repeal of the earlier act. nullifying the other.
In order to effect a repeal by implication, As between two laws, one passed later
the later statute must be so irreconcilably prevails
inconsistent and repugnant with the existing Leges posteriors priores contrarias
law that they cannot be made to reconcile abrogant (later statute repeals prior ones
and stand together. which are not repugnant thereto.)
Applies even if the later act is made to take
It is necessary before such repeal is effect ahead of the earlier law.
deemed to exist that is be shown that the
statutes or statutory provisions deal with the As between two acts, the one passed later
same subject matter and that the latter be and going into effect earlier will prevail over
inconsistent with the former. one passed earlier and going into effect later.
the fact that the terms of an earlier and Whenever two statutes of different dates
later provisions of law differ is not sufficient and of contrary tenor are of equal theoretical
to create repugnance as to constitute the application to a particular case, the statute
later an implied repeal of the former. of later date must prevail, being a later
expression of legislative will.
Irreconcilable inconsistency between to
laws embracing the same subject may also The later law repeals an earlier one because
exist when the later law nullifies the reason it is the later legislative will.
or purpose of the earlier act, so that the
latter law loses all meaning and function. Presumption: the lawmakers knew the
older law and intended to change it.
Smith, Bell & Co. v. Estate of Maronilla
A prior law is impliedly repealed by a later In enacting the older law, the legislators
act where the reason for the earlier act is could not have known the newer one and
beyond peradventure removed. could not have intended to change what they
did not know.
Repeal by implication based on the CC: laws are repealed only by subsequent
cardinal rule that in the science of ones, not the other way around.
jurisprudence, two inconsistent laws on the
same subject cannot co-exist in one *************************************************
jurisdiction.