CHAPTER 1: STATUTES MANNER OF REFERRING TO STATUTES

Phil. Commission/Phil. Legislature (1901-1935) – Public

Act
A. IN GENERAL
LAWS, GENERALLY Commonwealth (1936-1946) – Commonwealth Acts
Congress of the Phil. (1946-1972 and 1987 onwards) –
Law in its jural and generic sense refers to the whole
Republic Acts
body or system of law, in its jural and concrete sense, it means
Batasang Pambansa (1973-1986) – Batas Pambansa
a rule of conduct formulated and made obligatory by legitimate
power of the state
B. ENACTMENT OF STATUTES
It includes: statutes, presidential decrees, executive orders,
LEGISLATIVE POWER, GENERALLY
other presidential issuances, rulings of the Supreme Court
construing the law, rules and regulations, and ordinances Leg. Power is the power to make, alter and repeal laws.
The sangguniang barangay, sangguniang bayan, sangguniang
panlungsod and sangguniang panlalawigan have also legislative
STATES, GENERALLY
powers within their jurisdiction, to enact ordinances.
A statute is an act of the legislature as an organized
Ordinances are inferior in status and subordinate to the
body, expressed in the form, and passed according to the
laws of the state (Primicias v. Municipality of Urdaneta).
procedure, required to constitute it as part of the law of the
land. Includes those passed by the: Phil. An admin./exec.
Commission, Phil.Officer, in the exercise of a duly
delegated power, can likewise issue rules and regulations to
Legislature, Batasang Pambansa, Congress of the Phil.
implement a specific law, and such rules and regulations have
Private Statutes, applies only to a specific
the force and effect of law.
person/subject
Public Statutes, affects the public at large:
CONGRESS’ LEGISLATIVE POWER
1. General law- applies to the whole state upon all the
The essential feature of the legislative function is the
people or all of a class (People v. Palma)
determination
2. Special law- relates to particular of theof legislative policy and its formulation and
persons or things
promulgation as a defined and binding rule of conduct. The
a class or to a particular community, individual or
legislative power is plenary.
thing
3. Local law – operation is confined to a specific place
PROCEDURAL REQUIREMENTS, GENERALLY
or locality e.g. municipal ordinance
Apart from the basic constitutional requirements,
congress provides in detail, embodied in the Rules of both
PERMANENT AND TEMPORARY STATUTES
Permanent- operation is not limited Houses of Congress,
in duration but continuesthe procedure by which a bill may be
enacted into law.
until repealed
Temporary- duration is for a limited period of time fixed in the
PASSAGE OF A BILL
statute itself, ceases upon the happening of an event
The Secretary reports the bill for first reading, which
consists of reading the number and title of the bill, followed by
OTHER CLASSES OF STATUTES
Application: prospective, retroactive its referral to the appropriate Committee for study and
recommendation. On second reading, the bill shall be read in
Operation: declaratory, curative, mandatory, directory,
full with the amendments proposed by the committee, unless
substantive, remedial, penal
copies therof are distributed and such reading is dispensed
Forms: affirmative, negative
with. Then, the bill will be subject to debates, pertinent

1
motions, and amendments. After the amendments, bill. the
It thus,
bill renders
will the bill without attestation and nullifies its
be voted on second reading. A bill approved on the second status as an enrolled bill.
reading shall be included in the calendar The court
of bills
can declare
for thirdthat the bill has not been duly enacted
reading. On third reading, the bill as approved and did not on accordingly
second become a law (Astorga v. Villegas).
reading will be submitted for final vote.
C. PARTS OF STATUTES
APPROPRIATIONS AND REVENUE BILLS TITLE OF STATUTE
Read Article 6, sec. 24, 25 of the constitution.
One subject, one bill provision is mandatory, violation
thereof is unconstitutional.
AUTHENTICATION OF BILLS
Before an approved bill is sent to the president, the bill PURPOSES OF REQUIREMENT
is authenticated by the signing of the Speaker
It is toandprohibit
the Senate duplicity in legislation, the title of which
President of the printed copy of the approved
completely
bill. fails to apprise the legislators or the public of the
nature, scope and consequences of the law or its provisions
UNIMPEACHABILITY OF LEGISLATIVE JOURNALS (Inchong v. Hernandez)
The journal is regarded as conclusive with 1.respect to preventto hodgepodge or log-rolling legislation
matters that are required by the constitution to be recorded 2. to prevent surprise of fraud upon the legislature
therein. With respect to other matters, in the absence of 3. to fairly apprise the people
evidence to the contrary, the Journals have also been 4. title
accorded
of the statute may be used as a guide in
conclusive effect. ascertaining legislative intent when the language of the
act does not clearly express its purpose
ENROLLED BILL
Under the enrolled bill doctrine, the text of the act asHOW REQUIREMENT CONSTRUED
passed and approved is deemed importing absolute The constitutional
veracity requirement as to title of a bill should
and is binding on the courts. It is conclusive be liberally
not onlyconstrued
of its (People v. Buenviaje). It should not
provisions but also of its due enactment. be given a technical interpretation. Nor should it be so
If there has been any mistake in thenarrowly
printing ofconstrued
the bill as to cripple or impede the power of
before it was certified by the officerlegislation
of the assembly
(Tobias v.andAbalos). Where there is doubt, the
approved by the chief executive, the remedy is by question
amendmentshould be resolved against the doubt an in favor of
by enacting a curative legislation, not by judicial decree (Casco the constitutionality of the statute.
Phil. Chemical Co., Inc. v. Gimenez)
Where there is discrepancy between the WHENjournal THERE
and theIS COMPLIANCE WITH REQUIREMENT
enrolled bill, the latter as a rule prevails1. over if thethetitleformer,
is comprehensive enough to reasonably
particularly with respect to matters not expressly include
required the to begeneral object which a statute seeks to
entered in the journal. effect, without expressing each and every end and
means necessary of convenient for accomplishing the
WITHDRAWAL OF AUTHENTICATION, EFFECT OF object
The Speaker and the Senate President 2. if allmay parts
withdraw
are related and germane to the subject
their signature s from the signed bill where there is serious and matter
substantial discrepancy between the text of the 3. if bill
it indicates
as in broad but clear terms the nature, scope
deliberated and shown by the journal and that of the enrolled and consequences of the law and its operations.

2
The title need not be a catalogue or indexcomplied
of the billwith
(People where
v. the provisions thereof, no matter how
Ferrer). These principles apply to titles of amendatory
diverse they acts.mayA be, are allied and germane to the subject, or
title which states that it is an act to amendnegatively
a specific statutes
stated, iswhere the provisions are not inconsistent
a sufficient compliance with the constitutional with, but requirement;
in furtherance it of, the single subject matter (People v.
need not states the precise nature of the amendatory act Carlos).
(Manila Trading & Supply Co, v. Reyes).
Note: “and for other purposes” amounts to nothing SEPARABILITY CLAUSE
A Separability clause is that part of a statute which
WHEN REQUIREMENT NOT APPLICABLE states that if any provision of the act is declared invalid, the
It does not apply to laws in force existing
remainder
at the shall
time thenot be affected thereby. Such a clause is not
1935 Constitution took effect (People controlling
v. Valensoy),
and the nor courts,
to in spite of it, may invalidate the
municipal or city ordinances. whole statute where what is left, after the void part, is not
complete and workable.
EFFECT OF INSUFFICIENCY OF TITLE
If the subject is not related in any
D. PRESIDENTIAL
manner to the titleISSUANCE,
it RULES AND ORDINANCES
is null and void, but if the subject matter is not sufficiently PRESIDENTIAL ISSUANCES
expressed in its title, only so much of the subject These
matter as areis those which the president issues in the
not expressed therein is void, leaving the restexercise
in force,ofunless
his ordinance power. They have the force and effect
the invalid provisions are inseparable from the others. of law.
1. Executive order – acts of president providing for rules of
ENACTING CLAUSE a general or permanent character in the implementation
The enacting clause is that part of a statute or execution
written of constitutional or statutory powers
immediately after the title thereof which states the2.authority
Administrative
by order – acts of president which relate to
which the act is enacted. particular aspects of governmental operations in
pursuance of his duties as administrative head.
PREAMBLE 3. Proclamations – acts president fixing a date or declaring
A preamble is a prefatory statement or explanation
a statute or or condition
a of public moment or interest, upon
finding of facts, reciting the purpose, reason or the occasion
existencefor of which the operation of a specific law or
making the law to which it is prefixed. It is usually found in regulation is made to depend
presidential decrees and executive orders. 4. Memorandum orders – acts of president on matters of
administrative detail or of subordinate or temporary
PURVIEW OF STATUTE interest which only concern a particular officer or office
The purview of body of a statute is that part which tells of the government
what the law is all about. A complex and comprehensive
5. Memorandum piece circulars – acts of president on matters
of legislation usually contains, in this sequence,relating
a short title,
to internal
a administration which the president
policy section, definition section, administrative desiressection,
to bring to the attention of all or some of the
sections prescribing standards of conduct, section departments,
imposing agencies, bureaus or offices of the
sanctions for violations or its provisions, transitory provision,government for information or compliance
separability clause, repealing clause and effectivity6.clause.
General/Specific orders – acts and commands of
The constitutional requirement that apresident bill should in hishave capacity as commander-in-chief of the
only one subject matter which should be expressed in its title is AFP

3
 The sangguniang panlalawaigan may pass a bill by a
SUPREME COUR CIRCULARS; RULES AND majority
REGULATIONS
vote of the members present, subject to review by the
Read Sec. 5 (5), Article VIII of the constitution
governor, who shall act within 15 days from receipt. Inaction is
In case of discrepancy or conflict between
approval,theifbasic
vetoed,
lawmay be repassed by two-thirds vote of all
and the regulations issued to implement it, the former prevails members
over the latter (Wise & Co. v. Meer). For it is elementary
principle in statutory construction that a statute is superior to E. VALIDITY
an administrative regulation and the former cannot be repealed PRESUMPTION OF CONSTITUTIONALITY
or amended by the latter (China Banking Corp. v. C.A.). Every statute is presumed valid. All reasonable doubts
should be resolved in favor of the constitutionality of law. To
ADMINISTRATIVE RULE AND INTERPRETATION doubt is to sustain. The final authority to declare a law
DISTINGUISHED unconstitutional is the SC en banc by the “concurrence of a
When an administrative agencymajority promulgatesof therulesMembers
and who actually took part in the
regulation, it makes a new law with thedeliberations.”
force and effectTrialof acourts have jurisdiction to initially decide
valid law and is binding to the courts, while when the it renders
issue ofanconstitutionality of a law in appropriate cases.
opinion or gives a statement of policy, it merely interprets a
preexisting law, it is merely advisory and not REQUISITESbinding to theFOR EXERCISE OF JUDICIAL POWER
courts. 1. the existence of an appropriate case
2. an interest personal and substantial by the party raising
BARANGAY ORDINANCE the constitutional question
The sangguniang barangay may 3. pass
the apleabarangay
that the function be exercised at the earliest
ordinance by majority vote of all its members, it is subject to opportunity
review by the sangguniang bayan or sangguniang 4. panlungsod,
the necessity that the constitutional question be passed
as the case may be, which shall take action on it within 30 days upon in order to decide a case.
from submission. Inaction is equivalent to approval.
APPROPRIATE CASE
MUNICIPAL ORDINANCE One in which it raises a justiciable controversy, the
The sangguniang bayan may bassresolution
a bill by aofvotewhichofthe
a court will have to choose between the
majority of the members present, there being a quorum, constitution and the challenged statute
subject to review by the municipal mayor acting on it within 10
days. Inaction is approval, if vetoed may be passed by two- STANDING TO SUE
thirds vote of all members. Legal Standing is a personal and substantial interest in
the case such that the party has sustained or will sustain direct
CITY ORDINANCE injury as a result of the governmental act that is being
The sangguniang panglungsod passed a bill in the same challenged.
manner as the sangguniang bayan. But if it’s a component Citizens legal standing:
city, the bill is subject to review by the sangguniang He has suffered some actual or threatened injury o
panglungsod, acting on it within 30 days where inaction as aisresult of the allegedly illegal conduct of
equivalent to approval. government
Injury is fairly traceable to the challenged action. o
PROVINCIAL ORDINANCE

4
 o Injury is likely to be redressed by
statues,
a favorable
specially those so-called emergency laws designed
action specifically to meet certain contingencies.
Tax payers legal standing: With respect to ordinances, the test of validity are:
1. When it is established that public funds have Must not contravene the constitution or any
been disbursed in alleged contravention of the statute
law or the constitution, or in preventing the Must not be unfair or oppressive
illegal expenditure of money raised by taxation Must not be partial or discriminatory
2. He will sustain a direct injury as a result of the Must not prohibit but may regulate trade
enforcement of the questioned statute. Must be general and consistent with public
The SC may take cognizance of a suit which does not policy
satisfy the requirements of legal standing; the Court has Must not be unreasonable
adopted a liberal attitude on the locus standi of a petitioner
where the petitioner is able to craft an issue of transcendental EFFECTS OF UNCONSTITUTIONALITY
significance to the people; paramount importance to theThe general rule is that an unconstitutional act is not a
public.
law, confers no rights. Regard should be had to what has been
WHEN TO RAISE CONSTITUTIONALITY done while the statute was in operation and presumed to be
Constitutionality must be raised at the earliest
valid. Hence,
possibleits operative fact before a declaration of nullity
time. If the question is not raised in the pleadings, ordinarily it must be recognized.
Thereitare two view on the effects of a declaration of the
may not be raised at the trial, and if not raised in the trial,
will not be considered in appeal. unconstitutionality of a statute:
Exceptions: . An unconstitutional law confers
Orthodox no right,
View
a. the question may raised in aismotion
not a law,
for imposes no duties, affords no protection; in
reconsideration or new legal
trial incontemplation,
the lower it is inoperative, as if it had not been
court, where the statute sought to be passed.
invalidated was not in existence when the The court in passing upon the Modern
question
View. of
constitutionality
complaint was filed or during the trial does not annul or repeal the statute if it is
b. the question of validity may also unconstitutional,
be raised it simply refuses to recognize it and
in criminal cases at any stagedetermines
of the the rights of the parties just as if the statute
proceedings. had no existence. It does not repeal, supersede, revoke or
annulclearly
c. In civil cases where it appears the statute.
that The parties to the suit are concluded by
a determination of the question is the judgment, but no one else is bound.
necessary to a decision and incases where
it involved the jurisdictionINVALIDITY
of the court DUE TO CHANGE OF CONDITIONS
below. The general rule as to the effects of unconstitutionality
of a statute is not applicable to a statute that is declared invalid
TEST OF CONSTITUTIONALITY because of the change of circumstances affecting its validity. It
A statute may be declared unconstitutional
becomes
because
invalidit isonly because the change of conditions makes
vague. It is vague when it lacks comprehensive standards its continued
that operation violative of the Constitution, and
men of common intelligence must necessarilyaccordingly,
guess at its the declaration of its nullity should affect only the
meaning and differ in its application. The change of parties involved in the case, and its effects applied
circumstances or conditions may affect the validity of some

5
prospectively. A statute of this type belongs to the class of fill in the details of a statute; whether they are
emergency laws penal or non-penal; this requires publication.
2. Which are merely interpretative in nature or
PARTIAL INVALIDITY merely internal in character not concerning the
The general rule is that where part of a statute is void as public, does not need publication.
repugnant to the Constitution, while another part is valid,
In addition,
the the 1987 Administrative Code provides that:
valid portion, if separable from the invalid, may stand 1. and
Everybe agency shall file with the U.P. Law center three
enforced; except when the parts are so mutually dependent copies of every rule adopted by it. Rules in force on
and connected. The presence of separability clause creates the date
the of effectivity of this Code which are not filed
presumption that the legislature intended separability, rather within 3 months from that date shall not be the basis
than complete nullity of the statute. of any sanction against any party or persons.
2. Each rule shall become effective 15 days from the
F. EFFECT AND OPERATION date of filing as above provided unless a different
WHEN LAWS TAKE EFFECT date is fixed by law, or specified in the rule in cases
Art 2 of the Civil Code provides that “ Lawsof shall
imminent
take danger to public health, safety and
effect after fifteen days following the completion of their welfare.
publication in the Official Gazette, unless it is otherwisePublication and filing requirements are indispensable to
provided.” the effectivity of rules and regulations, except when the law
All laws or statutes, including those of local
authorizing
application its issuance dispenses the filing requirements.
and private law shall be published as a condition for their
effectivity (Tañada v. Tuvera), otherwise it would violate theWHEN LOCAL ORDINANCE TAKE EFFECT
due process clause of the constitution. Local1.
Unless otherwise
ordinance
shall
stated,
take
The general rule is that where the law is silent as effect
to its after 10 days from the date a copy thereof is
effectivity, or where it provides that it shall take effect posted in a bulletin board at the entrance of the
immediately or upon its approval, such law shall takeprovincial
effect capitol or city, municipal, or barangay hall, as
after 15 days from its publication in the Official Gazette. the case may be, andThe in at least two other conspicuous
completion of publication, from which date the period of places in the local government unit.
publication will be counted, refers to the date of release of the
2. the secretary to the sanggunian shall cause the posting
O.G. or newspaper for circulation and not to its date, unless
of the theordinance within 5 days after its approval at the
two dates coincide. entrance of the provincial capitol and the city, municipal
or barangay hall in at least 2 conspicuous places
WHEN PRESIDENTIAL ISSUANCES, RULES AND 3. TheREGULATIONS
gist of all ordinances with penal sanctions shall be
TAKE EFFECT published in a newspaper of general circulation, within
The requirement of publication as a condition thefor the where the local legislative body concerned
province
effectivity of statues applies to Presidential Issuances, except
belongs, in the absence of such newspapers, postings
those which are merely interpretative or internal in nature shall not be made in all municipalities and cities of the
concerning the public. province where the saggunian of origin is situated.
Rules and regulations of administrative and4.executive
For highly urbanized city and independent component
officers are of two types: cities, in addition to being posted, be published once in a
1. Whose purpose is to implement or enforce
local newspaper of gen. circulation within the city, in the
existing law pursuant to a valid delegation or to

6
 absence of which, it shall be published in any Interpretation
newspaper is the art of finding the true meaning and
of general circulation. sense of any form of word, while construction is the process of
drawing warranted conclusions not always included in direct
STATUTES CONTINUE IN FORCE UNTIL expression REPEALED or determining the application of words to faces in
Unless a statute is by its provisions for a limited
litigation.
periodBut they are used interchangeably in practice.
only, it continues in force until changed or repealed by the
legislature. Law once established continues until changed by RULES OF CONSTRUCTION, GENERALLY
some competent legislative power. It is not changedThe by change
legislature is presumed to know the rules of
of sovereignty nor of a change in constitution,statutory
until theconstruction,
new it enacts a law with the end in view that
sovereign by legislative act creates a change.
it will, in case of doubt, be construed in accordance with the
settled principles of interpretation. Where there is ambiguity in
MANNER OF COMPUTING TIME the language of a statute, courts employ canons of statutory
Where the word “week” is used as aconstruction
measure of time to ascertain and give effect to its true intent and
and without reference to the calendar, it means a period of meaning.
seven consecutive days without regard to the day of Thethe week
legislature sometimes adopts rules of statutory
from which it begins (PNB v. C.A). construction as part of the provisions of a statute. The
Where a statute requires the doing legislature
of an act within
also defines,
a in certain complicated statutes, the
specified number of days, such as ten days, from wordnotice,
and phrases
it used therein. Except as they may have been
means 10 calendar days and not working days. embodied as part of a statute, rules of construction have no
The exclude- the –first and include
bindingthe last
effectdayon rule
the courts. Nor are they controlling in the
governs the computation of a period. If the lastinterpretation
day falls on aof laws, they may only be used to clarify, not to
Sunday or legal holiday, the act can still be defeat,
done the legislative
followingintent. Even those rules of construction
day. The principle does not apply to the computation
which areof in thethe form of statutory provisions may be ignored if
period of prescription of a crime, in which the rule their
is that
employment
if the may defeat, rather than effectuate,
last days in the period of prescription of a felony falls on a legislative intent.
Sunday or legal holiday, the information concerning said felony
cannot be filed on the next working day, as the offense has PURPOSE OR OBJECT OF CONSTRUCTION
been by then already prescribed. All rules of construction of interpretation have for their
sole object the ascertainment of the true intent of the
CHAPTER 2: CONSTRUCTION AND legislature. The object of all judicial interpretation of a statute
INTERPRETATION is to determine legislative intent, what intention is conveyed,
either expressly or impliedly, by the language used, so far as it
is necessary for ascertaining whether the particular case or
A. NATURE AND PURPOSE
state of facts presented to the court comes within it.
CONSTRUCTION DEFINED
It is the art or process of discovering and expounding
LEGISLATIVE INTENT, GENERALLY
the meaning and intention of the authors of the law, where that
Courts willinnot
intention is rendered doubtful by reason of the ambiguity its follow the letter of the statute when it
leads away from the true intent of the legislature and to
language or of the fact that the given case is not explicitly
conclusions inconsistent with the general purpose of the act
provided in the law
(Torres v. Limjap). Hence, where the statute is susceptible of
more than one construction, that construction should be
CONSTRUCTION AND INTERPRETATION DISTINGUISHED
7
adopted which will most tend to give effect It istoemphatically
the manifestthe province and duty of the judicial
intent of the legislature (U.S. v. Toribio). department to say what the law is and it has the final word as
to what the law means. The court does not interpret the law in
LEGISLATIVE PURPOSE a vacuum. It does not give legal opinion on hypothetical cases
It is the reason why a particular statute was enacted or in
bycases which have become moot or academic
the legislature. A legislation is an active instrument of the
government which, for purposes of interpretation,
LEGISLATURE meansCANNOT
that OVERRULE JUDICIAL DECISIONS
law have ends to be achieved and statutes should The belegislature
so has no power to overrule the
construed so as not defeat but to carryinterpretation out such ends or construction
and of a statute of the Constitution by
purposes (Litex Employees Assn v. Eduvala). the Supreme court and while it may indicate its construction of
a statute in a resolution or declaratory act, it cannot preclude
LEGISLATIVE MEANING the courts from giving the statute a different interpretation.
It is what the law, by its language, means. It may be
synonymous to legislative intent. If there isWHEN ambiguity
JUDICIAL
in theINTERPRETATION MAY BE SET ASIDE
language, its purpose may indicate the meaning The Supreme
of the Court may change or overrule its previous
language and lead to what the legislative intent construction.
is. Constitutional amendments may modify or nullify
a judicial interpretation of a provision thereof. The rule that the
MATTERS INQUIRED INTO IN CONSTRUING Supreme ACourt STATUTE has the final word in the interpretation of a
It is not enough to ascertain thestatute
intention merely
of meaning
meansof that the legislature cannot, by law or
the statute; it is also necessary to see whether
resolution,
the intention
modify oror annul the judicial construction without
meaning of the statute has been expressed modifying
in such aor wayrepealing
as to the very statute which has been the
give it legal effect and validity. The legal act
subject
is made of upconstruction,
of two but when it enacts a repeal, the
elements – an internal and an external previous one; it originates
judicial construction
in of the statute is modified or set
intention and is perfected by expression. Failure of the latter aside.
may defeat the former.
WHEN COURT MAY CONSTRUE STATUTE
WHERE LEGISLATIVE INTENT IS ASCERTAINED A condition sine qua non, before the court may construe
The primary source of the intent is the or statute
interpret,
itself
is that
andthere be doubt or ambiguity in its language.
has to be discovered from the four cornersOnly of thestatutes
law (Manila
with an ambiguous or doubtful meaning may be
Lodge No. 761 v. C. A). It has to be extracted the fromsubject
the statute
of statutory construction (Daong v. Municipal
as a whole and not from an isolated part of particular
Judge). A provision
statute is ambiguous if it is susceptible of more than
thereof. Where the words and phrases of a statute are not one interpretation.
obscure or ambiguous, its meaning and the intention of the
legislature must be determined from COURTS the language MAY NOT employed
CONSTRUE WHERE STATUTE IS CLEAR
(Veroy v. Layague). The court may also look to the purpose Construction
of comes only after it has been demonstrated
the statute to be subserved, the reason or cause that thewhichapplication
induced is impossible or inadequate without it. It is
the enactment of the law, the mischiefthe to very
be suppressed,
last functionand which the court should exercise, for it
the policy which dictated its passage (Yu Congthere Eng is v. more
Trinidad).
application and less construction, there would be
more stability in the law (Lizarraga Hermanos v. Yap Tico). It
B. POWER TO CONSTRUE has been repeatedly declared that where the law speaks in
CONSTRUCTION IS A JUDICIAL FUNCTION clear and categorical language, there is no room for

8
interpretation and there is only room for application (Cebu Lex
the prospicit,
law looks non forward
respicit,
not
Portland Cement Co. v. Municipality of Naga).backward. The interpretation of a statute by the Supreme
For nothing is better settledCourt than remains
that theto firstbe partandof the legal system until the latter
fundamental duty of courts is to apply the law overrules
as theyitfind andit,the new doctrine overruling the old is applied
not as they like it to be. Fidelity toprospectively
such a taskin precludesfavor of persons who have relied thereon in
construction unless application is impossible or inadequate good faith.
without it (Resins, Inc. v. Auditor General).
Where the law is clear andCOURTS unambiguous,
MAY ISSUE it must GUIDELINE
be IN CONSTRUING STATUTE
taken to mean exactly what it says and the court has In no choice
construing a statute, the enforcement of which may
but to see to it that its mandate is obeyed (Luzon tread
Surety
on sensitive
Co. v. areas of constitutional rights, the court may
De Garcia). issue guidelines in applying the statute, not to enlarge or
Where the law is free from ambiguity, restrict
the court
it butmayto clearly
not delineate what the law requires. This is
introduce exceptions where none is providednotfrom judicial legislation but an act to define what the law is.
considerations of convenience, public welfare, or for any
laudable purpose, nor may it engraft into the law qualifications C. LIMITATIONS ON POWER TO CONSTRUE
not contemplated (Ramos v. C.A), nor construe COURTS provisions
MAY NOT by ENLARGE OR RESTRICT STATUTES
taking into account questions of expediency, 1. While
good statutory
faith, constructions involves choice, the court
practical utility and other similar reasons so as should to relaxresistnonthe temptation to roam at will and rely on
compliance therewith. its predilection as to what policy should prevail.
Administrative agencies tasked to implement 2. Theyamay stature
not, in the guise of interpretation, enlarge the
may not construe it by expanding its meaning where scopeprovisions
of a statute and include therein situations not
are clear and unambiguous. provided nor intended by lawmakers.
3. They are not authorize to insert into the law what they
RULINGS OF SUPREME COURT PART OF LEGAL think SYSTEM
should be in it or to supply what they think the
Legis interpretato legis vim obtinet, legislature the would
authoritative
have supplied if its attention had been
interpretation of the Supreme Court of a statute acquires the called to the omission.
force of law by becoming a part thereof as 4. of
They the should
date ofnot its revise even the most arbitrary and
enactment, since the court’s interpretation merely unfairestablishes
action of the legislature, nor rewrite the law to
the contemporatneous legislative intent that the statute conform thus with what they think should be the law
construed intends to effectuate (Senovila v. Hermosisimo).
5. Nor may they interpret into the law a requirement which
Stare decisis et non quieta movere, when the Supreme the law does not prescribe
Court has once laid down a principle of law as applicable 6. Neither toshoulda courts construe statutes which are
certain state of facts, it will adhere to that principle and perfectly
apply it vague, or cannot be clarified either by a saving
to all future cases where the facts are substantially the same. clause or by construction.
This assures certainty and stability in the legal system.
As part of the legal system COURTSand NOTuntil TO reversed
BE INFLUENCED
by the BY QUESTIONS OF WISDOM
Supreme Court itself, rulings of the highest tribunal Since
are binding
the legislature is primarily the judge of the
upon inferior courts. necessity, adequacy, wisdom, reasonableness and expediency
of any law, courts may not take any of these matters into
JUDICIAL RULINGS HAVE NO RETROACTIVE accountEFFECTin construing or interpreting the law. As long as laws
do not violate the Constitution, the courts merely interpret and

9
apply them regardless of whether or not they Legislative
are wise intent
or should accordingly be ascertained from
salutary. a consideration of the whole context of the stature and not
from an isolated part of particular provision (Aboitiz Shipping
CHAPTER 3: AIDS TO CONSTRUCTION Corp. v. City of Cebu). The context may circumscribe the
meaning of a statute, it may give to a word or phrase a
meaning different from its usual or ordinary signification. In
A. IN GENERAL
such a case, the meaning dictated by the context prevails.
GENERALLY
Every section, provision or clause of the statute must be
Aid to construction are those found in the printed page
expounded by reference to each other in order to arrive at the
of the statute itself, known as intrinsic aids, and those
effect contemplated by the legislature. The intention of the
extraneous facts and circumstances outside the printed page,
called extrinsic aids. legislature must be ascertained from the whole text of the law
and every part of the act is taken into view (Commissioner of
Internal Reveneu v. TMX Sales).
TITLE
The title may indicate the legislative intent to extend or
PUNCTUATION MARKS
restrict the scope of the law, and a statute couched in a
A semi-colon is used to indicate a separation in the
language of doubtful import will be construed to conform to the
legislative intent as disclosed in its title. The rule relation
that the of the thought, a degree greater than that expressed
title
by a comma; and what follows a semi-colon must have a
may serve as a guide carries more weight in this jurisdiction
relation to the same matter which precedes it. The comma and
because of the constitutional requirement that every bill shall
the semi-colon are both used for the same purpose – to divide
have one subject as expressed in the title thereof.
sentences and parts of sentences, the only difference is that
semi-colon makes the division a little more pronounced. They
WHEN RESORT TO TITLE NOT AUTHORIZED
are not used to introduce a new idea.
When the text is clear it is improper to resort to its title
to make it obscure. The title may be resorted in orderPunctuation
to marks are aids of low degree and can never
control against the intelligible meaning of written word. The
remove, but not to create doubt or uncertainty
reason is that punctuation marks are not part of a stature; nor
are they part of the English language (Feliciano v. Aquino).
PREAMBLE
It is that part of the stature written immediately after its
Capitalization of Letters
title which states the purpose, reason or justification for the
enactment of the law and usually expressed in the form of
“whereas” clauses. Though it is not, strictly speaking, Like punctuation
a part of marks, capitalization is an aid of low
degree in the construction of statute. Example: in a statute
a statute, it is the key to the statute for its sets out the
which provides that “ a will made within the Philippine Islands
intention of the legislature. It may restrict what otherwise
by a citizen or subject
state ,or
ofwhich
country
anotheris
appears to be a broad scope of a law, or require, in the
executed in accordance with state
theor
law
country
of the
of
commission of a crime, an element not clearly expressed in its
which he is a citizen or subject, and which…” , in force at a time
text. It may express the legislative intent to make the law
apply retroactively, in which case the law haswhen to be the Philippines was still a territory of the US, the fact that
given
the words “state and country” are not capitalized does not
retroactive effect, so as to carry out such intent (PNB v. Office
mean that the United States is excluded form the phrase
of the President).
“another state or country.”
CONTEXT OF WHOLE TEXT
10
Headnotes or epigraphs
Headnotes, headings, or epigraphs of sections of a Dictionaries
statute are convenient index to the contents of While its provisions.
definition s given by lexicographers are not
However they are not entitled too much weight, binding,
and inferences
courts have adopted, in proper cases, such definitions
drawn therefrom are of little value and they can to support
never control
their conclusion as to the meaning of the particular
the plain terms of the enacting clause, for they wordsare notorpartterms of used in a statute, esp where no strong reason
the law. Secondary aids, such as headnotesexists or epigraphs,
why their may dictionary meaning should not be adopted in
be consulted to remove, but not to create nor to limit or control the construction of the statute.
the plain language of the law.
Consequences of various constructions
Lingual text In construing a statute, the objective should always be
Philippine laws are officially promulgated
to arrive at either
a reasonable
in and sensible interpretation that is in
English, Spanish or Filipino, or either fullin accord
two such withlanguages.
the legislative intent. As a general rule, a
The rule is that, unless otherwise provided,construction
where a statute of a isstatute should be rejected that will cause
officially promulgated in English and Spanish,injustice the or English
hardship,
text result in absurdity, defeat legislative
shall govern, but in case of ambiguity, omission intentor mistake,
or spirit, the
preclude accomplishment of legislative purpose
Spanish may be consulted to explain the English or object,
text. render certain words or phrases a surplusage, nullify
the statute or make any of its provisions nugatory.
Intent or spirit of the law
The intent or spirit of the law is the law itself. For this Presumptions
reason, legislative intent or spirit is the controlling Include:
factor,
presumptions
the in favor of the constitutionality of
leading star and guiding light in the application a statute, of and its completeness, of its prospective operation, of
interpretation of a statute. A thing which isright
withinand the intent
justice,of of its effective, sensible, beneficial and
the lawmaker is as much within the statute reasonable
as if within operation
the as a whole, as well as those against the
letter; and a thing which is within the letter of
inconsistency
the statute isand notimplied repeal, unnecessary changes in law,
within the statute unless within the intent ofimpossibility,
the lawmakers.absurdity, injustice and hardship, inconvenience,
and ineffectiveness.
Policy of law
The policy of the law once ascertained should be given B. Legislative History
effect by the judiciary. One way of accomplishing this mandate
is to give a statute of doubtful meaning, a construction that will Generally
promote public policy. The construction which would It is carry
a wellinto settled rule of statutory construction that
effect the evident policy of the law should where
be adopted
a statue in favor
is susceptible of several interpretations or
of that interpretation which would where defeat thereit. Example:
is ambiguity in its language, there is no better
homestead act means of ascertaining the will and intention of the legislature
than that which is afforded by the history of the statute.
Purpose of law or mischief to be suppressed
The court much look to the object to be accomplished,
the evils to be remedied, or the purpose to be subserved, and
should give the law a reasonable or liberal construction which What constitutes legislative history
will best effectuate its purpose.

11
 If the statute is based on, or is a revision of, a prior
statute, the latter’s practical application and judicial Reports of commissions
construction, the various amendments it underwent, In the codification
and the of laws, commissions are usually
contemporary events at the time of its enactment formedform
to compile
part ofand collate all laws on particular subject and
its legislative history. If the statute is borrowed from, or to prepare the draft of the proposed code
modeled upon, Anglo-American precedents or other foreign
sources, its history includes the history of such precedents, and Prior law from which statute is based
for a proper construction of the statue sought to be construed,
In ascertaining the intention of the lawmaker, courts are
it is oftentimes essential to review such permitted
legislative tohistory
look and
to prior laws on the same subject and to
find authoritative guide for its interpretation from investigate such the antecedents of the statute involved.
precedents, their practical application , and the decisions of the
courts construing and applying such precedents in the country Change in phraseology by amendments
of origin. The change in phraseology by amendment of a provision
of law indicates a legislative intent to change the meaning of
President’s message to legislature the provision from that it originally had. In construing the
The president’s message indicates amendedhis provision,
thinking on courts
the may investigate the history of the
proposed legislation which , when enactedprovision
into law, follows
to ascertain
his legislative intent as to the meaning or
line of thinking on the matter. scope of the amended law.

Explanatory Note Amendment by deletion

Where there is ambiguity in a statue or where As a rule,
a statute
the amendment by deletion of certain words
is susceptible of more than one interpretation, or phrasescourts
in a statute
may indicate that the legislature intended to
resort to the explanatory note to clarify change the ambiguity
the meaning and of the statute, for the presumption is that
ascertain the purpose or intent of the statute.
the legislature
The statue may would not have made the deletion had the
then be so construed as to give effect to the
intention
purposebeen or intent
not to effect a change in its meaning. The
as disclosed in its explanatory note. amended statute should accordingly be given a construction
different from that previous to its amendment.
Legislative Debates, views and deliberations
Courts may resort to the legislative deliberations in the Exceptions to the rule
legislature on a bill which eventually was enacted The ruleinto lawthat toan amendment of a statute indicates a
ascertain the meaning of its provisions. change Thus, where
in meaning
there from
is that which the statute originally had
doubt as to what a provision of a statute means,
appliesthatonly
meaning
when the deleted words or phrases are not
which was put to the provision during surplusage
the legislative
or when the intention is clear to change the
deliberation or discussion on the bill may be previous
adopted. meaning of the old law. The rule does not apply where
However the views expressed by thethelegislators
intent, as during
shown by history of the enactment, is clear that
the deliberation of a bill as to the bill’s purpose,
the amendment
meaning,isorprecisely to plainly express that construction
effect are not controlling in the interpretation of
of the law.
act prior to its amendment because its language is not
The opinions expressed by legislators in the coursesufficiently of expressive of such construction.
debates concerning the application of existing laws are not also
given decisive weight, especially where the legislator was not a Adopted statute
member of the assembly that enacted said laws.

12
 The general rule is that where of local
necessity
statutesaffect
are its operation in order to reach an
patterned after or copied from those of another
understanding
country,as the
to the intent of the legislature, or as to the
decisions of the courts in such country construing those laws meaning of the statute.
are entitled to great weight in the interpretation of such local
statutes. The reason is that the legislature, in adopting from History of times
another country a statute which has previously received
Thejudicial
court may look to the history of the times, examine
construction in that country, is deemed tothe have
stateadopted
of thingstheexisting when the statue was enacted, and
statute with such construction and practicalinterpret
application
it in in
thethe
light of the conditions obtaining. Generally, it
country of origin. may be said that in determining the meaning, intent and
The adopted statutes are thus generally
purpose of construed
a law or constitutional
in provision, the history of the
accordance with the construction given times
similaroutstatutes
of which in the
it grew and to which it may be rationally
US, unless special reasons, local customs, andsupposed
practiceto require
bear some direct relationship, the evils intended to
otherwise. be remedied, and the good to be accomplished are proper
subjects of inquiry.

Limitations to the rule C. Contemporaneous Construction

The general rule that a statute which has been adopted
from that of a foreign country should be construed in Generally
accordance with the construction given it in theContemporary country of or practical constructions are the
origin is not without limitations. constructions placed upon statutes at the time of, or after, their
enactment by the executive, legislature, or judicial authorities,
Principles of common law as well as those who, because of their involvement in the
While common law as known processin Anglo-American
of legislation, are knowledgeable of the intent and
jurisprudence is not in force in this country, save purpose only insofar
of the law, such as draftsmen and bill sponsors.
as it is founded on sound principles Contemporanea
applicable to local exposition est optima et fortissima in lege ---
conditions and is not in conflict with existing laws, nevertheless the contemporary construction is strongest in law.
many of the principles of the common law have been imported
into this jurisdiction as a result of the enactment of laws and Executive construction, generally; kinds of
establishment of institutions similar those of the United States.
Courts may thus properly resort to common law principles What isincommonly known as contemporaneous
construing doubtful provisions of a statute, construction
particularlyis the
where
construction placed upon the statute by an
such statute is modeled upon Anglo-American executive orprecedents.
administrative officer called upon to execute or
However there is a conflict between a common administer
law principle
such statute. Accordingly, executive and the
and a statutory provision, the latter prevails.
administrative officers are generally the very first officials to
interpret the law, preparatory to its enforcement. Three type of
Conditions at time of enactment executive interpretations: (1) construction by an executive or
In enacting a statute, the legislature
administrativeis presumed
officer directly
to called to implement the law,
have taken into account the existing conditions expressed
of things
oratimplied,
the expressed such as circular, directive, or
time of its enactment. For this reason, regulation; it is proper,
(2) byinthethe
Secretary of Justice in his capacity as the
interpretation of a statute to consider the physical
chief legalconditions
adviserofof the government, in the form of opinions
the country and the circumstances thenissued obtaining uponwhich
the must
request of the executive (3) interpretation

13
handed down in an adversary proceeding in thedue formto their
of a ruling
competence, expertness, experience, and informed
by an executive officer exercising quasi-judicial
judgment.
power.And there is a need for certainty and predictability in
the law.
Weight accorded to contemporaneous construction
Generally speaking, where there is doubt asWhen to contemporaneous
the construction disregarded
proper interpretation of a statute, the uniformIt is construction
neither controlling nor binding upon the court. The
placed upon it by the executive or administrative
court may disregard officerthe law CC, where there is no ambiguity,
charged with its enforcement will be adopted,where ifthe necessary
construction
to is clearly erroneous, where strong
resolve the doubt. In the absence of error or reason
abuse oftopower the orcontrary exists, and where the court has
lack of jurisdiction or grave abusepreviously
of discretion givenclearly
the statue a different interpretation. If it is
conflicting with either the letter or the spirit of the legislative erroneous then should be declared null and void.
enactment creating or charging a governmental agency, the
action of the agency would not be disturbed Erroneous
by the courts.
contemporaneous
As construction does not preclude
aptly said in a case: “the principle that the contemporaneous correction nor create rights; exceptions
construction of a statute by the executive officers The errorof maythe be corrected when the true construction
government, whose duty it is to execute it,isis ascertained.
entitled to great As a rule, an erroneous CC creates no vested
respect, and should ordinarily control theright construction
on the partofofthe those who relied upon, and followed such
statute by the courts, is so firmly embedded
construction.
in our jurisdiction
A vested right may not arise from a wrong
that no authorities need be cited to support it.”
interpretation of a law by an administrative or executive officer
whose primary duty is to enforce, and not to construe, the law.
Weight accorded to usage and practice And the government is never estopped by the mistake or error
- acquiesced in by all the parties concerned and has on the part of its agents.
extended over a long period of time The rule is not absolute, but admits exceptions in the
-Optimus interpres rerum usus - the bestinterest
interpreter
of justice
of and fair play. (true in tax cases)
the law is usage
Legislative interpretation
The fact that the interpretation of a statue is primarily a
Construction of rules and regulations judicial function does not preclude the legislature form
An administrative agency has the power indicatingto interpret
its construction
its of a statute it enacts into law. It may
own rules and such interpretation becomes part thusof provide
the rules.in the statute itself an interpretative or declaratory
clause prescribing rules of construction or indicating how its
Reasons why contemporaneous construction provisions is given
should much
be construed. It may also define the terms
weight used in a statute, enact a declaratory act construing a previous
Contemporaneous construction is law entitled
or passto agreat
resolution indicating its sense or intention as to
weight: because (1)it comes from thegiven particular
statute. branch
However of the legislature cannot limit or restrict
government called upon to implement the law the thus
power construed.
granted to the courts to interpret the law. While their
(2) executive officials are presumed tointerpretation
have familiarized
is not controlling, the courts may resort to it to
themselves with all the considerations pertinent
clarify to ambiguity
the meaning in the language thereof. It is entitled of
and purpose of the law, and to have formed an independent, respectful consideration.
conscientious and competent expert opinion thereon. (3) there
are frequently the drafters of the law they interpret. In short, Legislative approval

14
 The legislature may by action branch
or inaction,
of governmentapproveentrusted
or with the duty to construe or
ratify such contemporaneous construction. It may be interpret the law.
manifested in many ways: as when it reenacts a statute Stare decisis et- non
one should
quieta movere
follow
previously given a CC, uses words similarpast in their
precedents
import toand the should not be disturbed what has been
language of an earlier law which hassettled. received
The arulepractical
rests on the desirability of having stability in
application or amend a prior statute without, in the amending Interest republicae —the
ut the
sit interest
finis
law. litium
of
act, providing anything which would restrict, change orthe nullify
state demands that there be an end to litigation.
the precious CC placed upon the prior law. For It amayrulingbeof also
SC be under the doctrine of stare decisis,
shown by the legislature appropriating it must
money be for
a direct
the officer
ruling and not through sub silencio and
designated to perform a task pursuant to an interpretation of a obiter dictum.
statute. Where the legislature has notice orThe knowledge
facts of the of aprecedent and the case to which it is
construction placed upon a statue by an executive applied should
officerbe the same for stare decisis to be applied.
charged with its implementation, without The repudiating
rule of it, stareitsdecisis is not absolute. The principle
silence is acquiescence equivalent to consent does not
to blind
continue
adherence to precedents. If it is found contrary
practice. There is an implied approval byto its
law,
failure
mustto change
be abandoned.
a The principle should not apply
longstanding administrative construction.when there is conflict between the precedent and the law.
Ratihabitio mandato aequiparatur However- legislative
only the SCratification
itself can change or abandon a precedent
is equivalent to a mandate enunciated by it, neither by inferior court, nor by legislature
unless they repeal or amend the law itself. If the inferior courts
Reenactment feel that the precedent is against their way of reasoning, they
The most common act of legislative
may approval
state theirof CCpersonal
of a opinion but still they are bound to
state is by reenactment. The principle is the reenactment of a follow it.
statute, previously given CC, is a persuasive indication of the
adoption by the legislature of the prior construction. CHAPTER
It must be IV : ADHERENCE TO, OR
reenacted and not merely amended and the CC thereof must be
DEPARTURE FROM, LANGUAGE OF
in the form of regulation to implement the law and duly
published and not merely administrative ruling embodied in a STATUTE
letter to a specified individual and not published. It is accorded
with greater weight and respect than the CC of the statute A. LITERAL INTERPRETATION
before its ratification. The reason for such is: there is anLiteral Meaning or plain-meaning rule
agreement between two departments – the legislative s a general and rule, the intent of legislature - A to be
executive— to the meaning of the law, and it devolves upon the
ascertained and thereafter given effect is the intent
judiciary to give it deferential treatment. expressed in the language of the statute.
-
Plain meaning
verba legis
rule:
Stare decisis
speech is theIndex of- intention.
indexanimi sermo:
The decision of the SC applying or interpreting a statute
is controlling with respect to the interpretation of that statute Verba Legis non -
fromesttherecedendum:
words of a
and is of greater weight than that of an executive or statute there should be no departure.
administrative officer in the construction of What is not of
other statutes clearly provided in the law -cannot be
similar import. The reason: the SC’s interpretation forms part of extended to those matters outside its scope.
the statue itself and of the legal system and comes form that

15
 - Where what is not clearly provided in the law Court
is read
must use every authorized means to ascertain - the
into law by construction because it is more logical
intent ofandthe statute and give it an intelligible meaning.
wise, it would be to encroach upon legislative If effort is impossible to solve the doubt and dispel the
prerogative to define the wisdom of the law,obscurity
which is of a statute, if no judicial certainty can be had
judicial legislation. as to its meaning, the court is not at liberty to supply
- To depart from the meaning expressed by words is to nor to make one.
alter the statute, to legislate and not to interpret.
If statute fails to express a meaning, judicial - modesty
- Maledicta est expositioquae corrumpit textum forbids court : orfrom
it is assuming and from supplying a
dangerous construction which is against the text. meaning thereto.
Interpretatio fienda est ut res magis valeatquam - pereat:
Dura Lex Sed Lex that interpretation as will give the thing efficacy is to be
- Absoluta sentential expositore non indigent: adopted. AWhen law should
the be interpreted with a view to
language of the law is clear, no explanation of it is upholding rather than destroying it.
required.
- When the law is clear, it is not susceptible of What is within the spirit is within the law.
interpretation. It must be applied regardless who may The intent or spirit of the law is the- law itself.
be affected, even if it may be harsh or onerous. As a general rule of statutory construction, the - spirit or
- Dura lex sed lex: The law may be harsh, butintention
it is stillof a statute prevails over the letter thereof,
the law. and what is within the spirit of a statute is within the
- Hoc quidem perquam durum est, sed ita lex scripta statute est,
although it is not within the letter thereof, while
that which is within the letter but not within the spirit of
or it is exceedingly hard but so the law is written.
the statute is not within the statute.
- The court should apply the law even if it would be harsh
The intent is the vital part, the essence of the - law, and
or unwise.
the primary rule of construction is to ascertain and give
- The duty of court in interpreting a statute which is
effect to that intent.
ambiguous is not to dispute its wisdom; the duty of the
A law should accordingly be so construed-as to be in
court is limited to inquiring into the legislative intent
accordance with, and not repugnant to, the spirit of the
and, once this is determined, to making said intent
law.
effective.
- When the law is clear, appeal to justice and equityThe court
as may consider the spirit and reason- of statute
where a literal meaning would lead to absurdity,
justification to construe it differently are unavailing.
contradiction, injustice, or would defeat the clear
Equity I described as justice outside legality, which
purpose of the lawmakers.
simply means that it cannot supplant although it may
supplement the law.
- Aequitas nunquam contravenit legis: Literal import must yield to intent.
Equity never acts
The intention controls the literal interpretation
- of a
in contravention of the law.
particular language of statute.
Verba intentioni, non e contra, debent-inservire: words
ought to be more subservient to the intent and not the
B. DEPARTURE FROM LITERAL MEANING
intent to the words.
Statute must be capable of interpretation, otherwise
If there’s two conflicting theories, courts choose - which
inoperative.
best accords with the spirit or intent of the law.
16
 - Conscience and equity should always be considered This
in may happen when the purpose of- the statute
the construction of a statute. sought to be achieved by it is accomplished, or the
- The spirit and intendment of the law must prevail mischief
oversought to be repressed is prevented, by an act
its letter. or event independent of the statute itself.
- A statute may therefore be extended to cases not within
the literal meaning of its terms, so long as they come Supplying legislative omission
within its spirit or intent. Where a literal import of the language of - a statute
shows that words have been omitted that should have
Limitation of rule been in the statute in order to carry out its intent and
- What is within the spirit of a statute evenspirit,
if not clearly
within ascertainable from the context, the court
the letter is applicable only if there is ambiguity
may supply
in the the omission to make the statute conform to
language of the law. the obvious intent of the legislature or to prevent the act
from being absurd.
Construction to accomplish purpose Rule is corollary with the rule that what is within - the
- Statutes should be construed in the light of the object to spirit of the law is within the law.
be achieved and the evil or mischief to be suppressed,
and they should be given such construction as will Correcting Clerical errors
advance the object, suppress the mischief, and Thesecure
court, in order to carry out the obvious intent- of the
the benefits intended. legislature, may correct clerical errors, mistakes or
- Courts should not follow the letter of a statute misprints
when to which, if uncorrected would render the statute
do so would depart from the true intent of themeaningless, empty or nonsensical or would defeat or
legislature or would otherwise yield conclusions impair its intended operation, so long as the meaning
inconsistent with the purpose of the act. intended is apparent on the face of the whole enactment
- As between two statutory interpretations, that which and no specific provision is abrogated.
better serves the purpose of the law should prevail. It is the duty of the court to arrive at the-legislative
why? The general purpose is a more important aid to the intent.
meaning than any rule which grammar or The formalcourt is not indulging judicial legislation, it- is merely
logic
may lay down. (Holmes). endeavoring to rectify and correct a clearly clerical error.
- A literal interpretation is to be rejected if it would be
unjust or lead to absurd results. Qualification of rule
What the courts may correct to reflect intention
- of
When reason of law ceases, the law itself ceases. legislature are those which are clearly clerical errors or
- cessante ratione legis, cessat et ipsa lex obvious mistakes, omissions, misprints.
- raton legis est anima To law
: the reason of the correct
is itsa soul.
clear statute would be rewriting the- law and
- The reason behind the law is the heart of the law. do judicial legislation in the disguise of interpretation.
Reason of the law plays a decisive role in its
construction. Construction to avoid absurdity
- General terms of a statute should be so limited
A statute may render a prior law devoid of reason. - in their
- application
Where a later law has a purpose in conflict with that of a as not to lead to absurdities. It is presumed
that
prior statute on the same subject, the latter has thealllegislature intended exceptions to its language
lost
meaning and function and has ceased to exist. which would avoid absurd consequences.

17
 - Interpretatio talis in ambiguis semper fienda estTheutfact that a statute is silent, obscure or insufficient
-
evitetur inconveniens et absurdum: with there
Where respect
is to a question before the court will not
ambiguity, such interpretation as will avoid justify the latter from declining to render judgment
inconvenience and absurdity is to be adopted. thereon.
- Where literal adherence to the language would resultJure to naturae aequum est neminem cum - alterius
absurdity, the court has the power to supply or omit the detrimento et injuria fieri locupletiorem
, which was
words from a statute in order to prevent an absurd ninguno non deue enriquecerse
restated with
result. tortizeramente
Courts
con daño
invoke
de these
otro.
- Courts test the law by its result. There are laws which
principles when the statutes are silent or obscure in
are generally valid but may seem arbitrary when order
applied
to arrive at a solution that would respond to the
in a particular case because of its peculiar circumstance. vehement (passionate) urge of conscience.
Courts are not bound to apply them in slavish Inobedience
balancing conflicting solutions, that one is- perceived
to their language. to tip the scales which the court believes will best
- A law should not be interpreted so as not topromote
cause the public welfare in its probable operation as a
injustice. general rule or principle.
- Where a term is defined in a statute, the court may not
construe it to exclude what is included therein as to Surplusage and superfluity disregarded
restrict its scope. surplusage
surplusagium - vitiate
does non
not noceat:a
statute.
Construction to avoid injustice Utile per inutile non vitiatur: the useful is not - vitiated
- The presumption is that the legislature in enacting a by the non-useful.
law, did not intent to work a hardship or an oppressive
Where a word, phrase or clause in a statute is- devoid of
result, a possible abuse of authority or act of meaning in relation to the context or intent of the
oppression, arming one person with a weaponstatuteto impose
or where it suggests a meaning that nullifies the
hardship on another. statute or renders it without sense, the word, phrase, or
- Ea est accipienda interpretatio quae vitio caret clause may be : that
rejected as a surplusage and entirely
interpretation is to be adopted which is free from evil or ignored.
injustice.
Redundant words may be rejected
Construction to avoid danger to public interest General rule is that every effort should be made - to give
- It is a well established rule of statutory construction
some meaning
that to every part of a statute. This rule does
where great inconvenience will result, or greatnotpublic
impose upon the courts an imperative obligation to
interest will be endangered or sacrificed, or great give every redundant word or phrase a special
mischief done, from a particular construction of significance,
a contrary to the manifest intention of the
statute, such construction is to be avoided. legislature.
- Courts should presume that such construction A was
possible
not interpretation which would defeat- the whole
intended by the legislature. purpose of the law is to be rejected.
When the use of word is merely to reiterate or - repeat, it
Construction in favor of right and justice carries out the intention of the legislature.
- Any doubt in the construction of a statute should be
resolved in favor of right and justice.
18
Obscure or missing word or false description maybut notin such a way that substantial compliance with what
preclude construction the law requires is sufficient.
- Court should not and cannot always be bound by the
phraseology or literal meaning of a statute. Number and gender of words
- That some words may be missing due to clericalit errors
is a maxim of statutory construction that - when the
or false description does not preclude construction
context
nor if a statute so indicates in plural include the
vitiate the meaning of the statute which is otherwise singular, and vice versa.
clear. A plural word in a statute may thus apply to- a singular
- Falsa demonstration non nocet, cum de corporeperson or thing, just as a singular word may embrace
constat:
False de scription does not preclude construction nor two or more persons or things.
vitiate the meaning of the statute. It is also a rule of statutory construction
- that in
construing a statute, the masculine, but not the
Exemption from rigid application of law feminine, includes all genders, unless the context in
- Every rule is not without exception which the word is used in the statute indicates
- Ibi quid generaliter conceditur; inest haec exception, si otherwise.
non aliquid sit contras jus basque, which means that
where anything is granted generally, this exception is C. IMPLICATIONS
implied; that nothing shall be contrary to law and right. Doctrine of necessary implication
- Equity and other compelling reasons may justify Whatanis thought, at the time of enactment, to- be an all-
exception to a rule even when the rule does not embracing
providelegislation may be inadequate to provide for
any. future events, thereby creating gaps in the law. One of
- If the application of law will prevent a fair andtheimpartial
rules of statutory construction used to fill in the gap
inquiry into the actual facts of a case, justice demands is the doctrine of necessary implication.
that the general rule should yield to occasional Doctrine states that what is implied in a statute - is as
exceptions. much a part thereof as that which is expressed.
- Summum jus, summa injuria Every statute is understood by implication to-contain all
: the rigor of the law would
become the highest injustice. such provisions that are needed to effectuate its
purpose.
- Where rigid and strict application of law would work
injustice, an exemption therefrom to prevent such result or from the necessity -of thelegis
Ex necessitate law.
on humanitarian and equitable grounds is warranted, -
Every statutory grant of power, right or privilege is
although the literal import of the law suggests no such deemed to include all incidental power, right or
exemption. inprivilege.
eo quod plus
Thissit,
is because
semper
inest et minus.
Law does not require the impossible “necessary implication”: it is one which- under the
circumstances, is compelled by a reasonable view of the
- The law obliges no one to perform an impossibility,
expressed in the maxim, nemo tenetur statute, and the contrary of which would be improbable
ad impossibile.
In other words, there is no obligation to do an and absurd.
impossible thing. “Necessity”:
Impossibilium nulla obligation est. defines what may properly and logically
- be
- Statutes should not be construed as to require inferred from and read into the statute.
compliance with what it prescribes, which isThis doctrine may not be used to justify the inclusion
impossible; - in
a statute of what to the court appears to be wise and
19
 just, unless it is at the same time necessarily and As a rule, where a general power is conferred - or duty
logically within its terms. enjoined, every particular power necessary for the
- What may be necessarily implied from a statute should,
exercise of one or the performance of the other is also
in any e vent, be consistent with, and not contrary conferred.
to, The incidental powers are those which are
the constitution or to existing laws. An implicationnecessarily
which included in, and are therefore of lesser
is violative of the law is unjustified or unwarranted. degree than the power granted. It cannot extend to
other matters not embraced therein, nor are not
Remedy applied from a right incidental thereto.
- Where there is a right, there is a remedy. Power conferred Ubi by
jus,law
ibi upon an administrative- officer to
remedium issue rules and regulations to carry out the purposes of
- The fact that the statute is silent as to the remedy doesa statute he is called upon to execute includes the
not preclude him from vindicating his right, for suchauthority to delegate to a subordinate officer the
remedy is implied from such right. performance of a particular function, absent any express
- Such right enforces itself by its own inherent potency or implied provision to the contrary.
and puissance, and from which all legislation must take
their bearings. Grant of power excludes greater power
- “wrong” means deprivation or violation of a right, and the is
principle that the grant of power includes
- all
not equivalent to “error.” incidental powers necessary to make the exercise
thereof effective implies the exclusion of those which are
Grant of jurisdiction greater than that conferred.
- Settled is the rule that jurisdiction to hear and decide
cases is conferred only by the Constitution or by the What is implied should not be against the law.
Statute. - T such
he statutory grant of power does not include
- Jurisdiction cannot be implied from the language incidental
of a power which cannot be exercised without
statute, in the absence of a clear legislative intentviolating
to the Constitution, the statute conferring the
that effect. power, or other laws on the same subject.

What may be implied from grant of jurisdiction Authority to charge against public funds may not be
- to employ all writs, processes and other means essential implied
to make its jurisdiction effective. Unless a statute expressly so authorizes,
- no claim
- Power to do all things which are reasonably necessary
against public funds may be allowed. Accordingly, a
for the administration of justice within the scope ofstatute
its may not be so construed as to authorize, by
jurisdiction and for the enforcement of its judgments implication, a charge against public funds.
and mandates, even though the court may be called to
decide matters which would not be within its cognizanceIllegality of act implied from prohibition
as original caused of action. Where a statute prohibits the doing of an -act, the act
- It can grant reliefs incidental to the main cause
doneofin violation thereof is by implication null and void.
action. The prohibited act cannot serve as a foundation
- of a
cause of action for relief.
Grant of power includes incidental power no
Ex man
dolocan
malo -allowed
benon oritur:
to
found a claim upon his own wrongdoing or inequity
20
 - Nullus commodum capere potest de injuriaparticular provision alone, must be made to determine
sua propria:
no man should be allowed to take advantage of his own the real intent of the law.
wrong.
- It is popularly known by the maxim: In pari delicto Statutory Definition
potior est condition defendentis The legislative definition controls the meaning - of a
statutory word, irrespective of any other meaning the
word or phrase may have in its ordinary or usual sense.
Exceptions to the rule For the legislature, in adopting a specific definition - is
- the principle of deemedcertain
pari delicto recognizes to have restricted the meaning of the word
exceptions. within the terms of the definition.
When the legislature defines a word, it does- not usurp
- It will not apply when its enforcement or application will
the court’s function to interpret the laws but it merely
violate an avowed fundamental policy or public interest.
legislates what should form part of the law itself.
- Another exemption is that when the transaction is not
While the definition of terms in a statute must - be given
illegal per se but merely prohibited and the prohibition
by law is designed for the protection all theparty,
of one weight
the due to them in the construction of the
provision in which they are used, the terms or phrases
court may grant relief in favor of the latter.
being part and parcel of the whole statute must be given
effect in their entirety as a harmonious, coordinated and
What cannot be done directly cannot be done indirectly
integrated unit, not as a mass of heterogeneous and
- Quando aliquid prohibetur ex directo, prohibeturet per
unrelated if not incongruous terms, clauses and
obliquum
- What the law prohibits cannot, in some other way, be sentences.
legally accomplished.
Qualification of rule
There should be no penalty for compliance of law.
The statutory definition of a word or term “as - used in
For simple logic, fairness and reason cannot countenance an
this Act” is controlling only in so far as said act is
exaction or a penalty for an act faithfully done in compliance
concerned.
with the law
The general rule that the statutory definitions - control
the meaning of statutory words does not apply where its
CHAPTER 5: INTERPRETATION OF
application creates obvious incongruities in the language
WORDS AND PHRASES of the statute, destroys one of its major purposes, or
becomes illogical as a result of a change in its factual
Generally basis.
- A word or phrase used in a statute However,
may in a subsequent
have an case, it was held - that of a
statute
ordinary, generic, restricted, technical, legal, remains unchanged, it must be interpreted
commercial
or trade meaning. according to its clear, original mandate until the
- Which meaning should be given depends upon what the legislature amends it.
legislature intended. As a general rule in interpreting the
meaning and scope of a term used in the law, a careful Words construed in their ordinary sense
review of the whole law involved, asIn well construing words and phrases, the general-rule is that
as the
in the absence
intendment of law, ascertained from a consideration of of legislative intent to the contrary, they
the statute as a whole and not of an isolated part or a

21
 should be given their plain, ordinary, and meanings
commonwhich are generally accepted in the
usage meaning. community in which they have been in common use.
- For words are presumed to have beenSettled
employedis bythetherule that in the absence of -legislative
lawmaker in their ordinary and common intentuseto the
andcontrary, trade or commercial terms, when
acceptation. used in a statute are presumed to have been used in
- The grammatical and ordinary reading of a statute must their trade or commercial sense.
be presumed to yield its correct sense.
- Ubi lex non distinguit nec nos distinguere debemus Words with technical or legal meaning
As a general rule, words that have or have been - used in,
a technical sense or those that have been judicially
General Words construed generally construed to have a certain meaning should be
- Generalia verba sunt generaliter intelligenda
interpreted according ortowhat
the issense in which they have
been previously
generally spoken shall be generally understood or used, although the sense may vary from
general words shall be understood in a general sense. the strict or literal meaning of the words.
The technical or legal, notA the ordinary or
- Generale dictum generaliter est interpretandum. - general
meaning of a word used in a statute should be adopted
general statement is understood in a general sense.
- Where a word used in a statute has bothinathe construction of the statute, in the absence of nay
restricted
and general meaning, the general must prevail over the qualification or intention to the contrary.
restricted unless the nature of the subject matter or the
context in which it is employed clearly indicates How identical terms in same statute construed
that the
limited sense is intended. The general rule is that a word or phrase -repeatedly
- A general word should not be given a restricted usedmeaning
in a statute will bear the same meaning throughout
where no restriction is indicated. the statute.
The same word or substantially the same - phrase
Generic term includes things that arise thereafterappearing in different parts of a statute will be accorded
- a generally accepted
progressive interpretation: extends by construction the and consistent meaning, unless a
application of a statute to all subjects or conditions different intention appears or is clearly expressed.
within its general purpose or scope that come intoThe reason for the rule is that a word used -in a statute
existence subsequent to its passage in anda given
thus sense
keeps is presumed to be used in the same
legislation from becoming ephemeral and transitory sense throughout the law.
unless there is a legislative intent to theItcontrary.
is particularly applicable where in the statute - the
- It is a rule of statutory construction words appear so near each other physically and
that legislative
enactments in general and comprehensive particularly
terms, where the word has a technical meaning and
prospective in operation, apply alike to all persons, that meaning has been defined in the statute.
subjects and business within their general purview and
scope coming into existence subsequent to Meaning
their of word qualified by purpose of statute
passage. The meaning of a words or phrase used in a statute
- may
be qualified by the purpose which induced the legislature
Words with commercial or trade meaning to enact the statute.
- Words and Phrases, which are in common use among
merchants and traders, acquire trade or commercial
22
 - In construing a word or phrase, the courtWhereshouldthe adopt -
law does not distinguish, courts should not
that interpretation that accords best with the manifest Ubi lex non distinguit, nec nos distinguish.
distinguere
purpose of the statute or promotes or realizes its object. debemus.
- It is generally recognized that if a statute The
is ambiguous
rule founded on logic, is a corollary of the - principle
and capable of more than one construction, that general the literal
words and phrases in a statute should
meaning of the word or phrase used therein ordinarilymay be beaccorded their natural and general
rejected if the result of adopting such meaning will be to significance
defeat the purpose which the legislature had in mind.
The rule requires that a general term or phrase - should
not be reduced into parts and one part distinguished
Word or phrase construed in relation to otherfrom provisions
the other so as to justify its exclusion from the
- The general rule is that a word, phrase or provision operation of the law.
should not be construed in isolation Abut must of
corollary bethe principle is the rule that where
- the law
interpreted in relation to other provisions
does notofmake the law.
any exception, court may not except
This rule is a variation of the rule that a statute
something should
therefrom, unless there is compelling reason
be construed as a whole, and each of its provisions must apparent in the law to justify it.
be given effect. Ubi lex non distinguit, nec non distinguere - debemus,
- A word or provision should not be construed in isolation
applies not only in the construction of general words and
from, but should be interpreted in relation to, expressions
the other used in a statute but also in the
provisions of a statute or other statutes dealing on the interpretation of a rule laid down therein.
same subject. This principle assumes that the legislature - made no
- The word or provision should not be given a meaning
qualification in the use of a general word or expression.
that will restrict or defeat, but should instead be
The courts may distinguish when there are- facts or
construed to effectuate, what has beencircumstances
intended in an showing that the legislature intended a
enacting law. distinction or qualification, for in such a case, the courts
merely give effect to the legislative intent.
Meaning of term dictated by context
- While ordinarily a word or term used in a statute will be Disjunctive and conjunctive words
given its usual and commonly understood meaning, The word the “or” is a disjunctive term - signifying
context in which the word or term disassociation
is employed and mayindependence of one thing from each
dictate a different sense. of the other things enumerated. It should be construed
- The context in which the word is in usedtheoftentimes
sense in which it ordinarily implies, as a
determines its meaning. disjunctive word.
- A word is understood in the context in which it is used.
The use of the disjunctive word “or” between - two
Verba accipienda sunt secundum materiam phrases connotes that either phrase serves as qualifying
- The context may likewise give a broad sense to a word phrase.
of otherwise ordinarily limited meaning. The term “or” has sometimes been held to mean - “and”,
- The context may also limit the meaning ofwhen whatthe spirit or context of the law so warrants.
otherwise is a word of broad signification.
The word “or” may also be used as the equivalent - of
“that is to say” giving that which it preceded it the same
Where the law does not distinguish significance as that which follows it. It is not always

23
 disjunctive and is sometimes interpretative
General
or expository
rule is that where a general word -or phrase
of the preceding word. follows an enumeration of particular and specific words
- The word “or” may also mean successively.of the same class or where the latter follow the former,
- The word “and” is a conjunction pertinently the general
defined wordas or phrase is to be construed to include,
meaning “together with”, “joined with”, or“along to be restricted
or to, persons, things, or cases akin to,
togethe r with”, “added to or linked to”,resembling,
used to conjoin or of the same kind or class as those
word with word, phrase with phrase, clause with clause. specifically mentioned.
- The word “and” does not mean “or”; it Where is a conjunction
a statute describes things of particular - class or
used to denote a joinder or union, “binding kind together”,
accompanied by words of a generic character, the
“relating the one to the other”. generic words will usually be limited to things of a
- However, “and” may mean “or” as an exception kindred tonaturethe with those particularly enumerated,
rule. The exception is resorted to only unless
whentherea literal
be something in the context of the statute
interpretation would pervert the plain intention of the to repel such inference.
legislature as gleaned from the context ofPurpose:
the statute give
or effect to both the particular and - general
from external factors. words, by treating the particular words as indicating the
class and the general words as indicating all that is
Noscitur a sociis embraced in said class, although not specifically named
- Where a particular word or phrase is ambiguous in itself by particular words.
or is equally susceptible of various meanings,
This principle
its correctis based on the proposition that - had the
construction may be made clear legislatureand specific intended
by the general words to be used in
considering the company of words in whichtheir it is generic
found orand unrestricted sense, it would not have
with which it is associated. enumerated the specific words.
- Where the law does not define a word Application:
used therein, whereit specific and generic terms - of the
will be construed as having a meaning similar
same tonature
that of are employed in the same act, the latter
words associated with or accompanied by it. following the former.
- A word, phrase should be interpreted in relation to, or
given the same meaning of, words with which it is Ejusdem
Limitations
generic
of
associated. To be applicable, the following must - concur:
- Where most of the words in an enumeration of words Statute
in contains an enumeration of particular and o
a statute are used in their generic and ordinary sense,words, followed by a general word or
specific
the rest of the words should similarly be construed. phrase.
- Where a word with more than one meaning is associated
The particular and specific words constitute oa
with words having specific or particular signification, the class or are of the same kind
former should be given a specific or particular Enumeration of the particular and specific words o
signification. is not exhaustive or is not merely by examples
No indication of legislative intent to give the o
Ejusdem generic general words or phrases a broader meaning
- While general words or expressions in a statute are, as a does ejusdem - rule
not The
require
generic
the
of
rule, accorded their full, natural, and generic sense, they
rejection of general terms entirely.
will not be given such meaning if they are used in
association with specific words or phrases.

24
 - The rule is not of universal application, it should be used expressio unius est exclusio- alterius
The and
rule its
of
to carry out, not to defeat, the intent orcorollary
purpose of the are generally used in the construction
canons
law. of statutes granting powers, creating rights and
- If that intent clearly appears from other parts remedies,
of the law,
restricting common rights, and imposing
and such intent thus clearly manifestedpenalties is contrary
and forfeitures,
to as well as those statutes which
the result which will be reached by applying the rule of are strictly construed.
ejusdem generic , the rule must give wayWhere in favor
a statute
of thedirects the performance of certain
- acts
legislative intent. by a particular person or class or persons, it implies that
it shall not be done otherwise or be a different person or
Expressio unius est exclusio alterius class of persons.
- Express mention of one person, thingIfora consequence
statute enumerates the things upon which - it is to
implies the exclusion of all others. operate, everything else must necessarily, and by
- It is formulated in a number of ways: implication, be excluded.
o One variation of the rules is the principle that
what is expressed puts an end to that which is Limitations of rule
implied Expressum facit cessare tacitum expressio unius est exclusio- The
alterius
is not
rulea
o General expression followed byruleexceptions of law. It is a mere tool of statutory construction or
therefrom implies that those which do anot means fallof ascertaining the legislative intent.
under the exceptions come The withinrule,the not being
scope of inflexible nor a mechanical- or
the general expression. technicalfirmat
Exceptio tool, must yield to what is clearly a legislative
regulam
in casibus non exceptis intent.
o Expression of one or more Itthings is no more
of a than
classan auxiliary rule of interpretation
- to
implies the exclusion of all notbeexpressed,
ignored where
even other circumstances indicate that the
though all would have been implies had enumeration
none was not intended to be exclusive.
been expressed. It should applied only as a means of discovering -
- The rule expressio unius est exclusio legislative
alteriusintent and should
and itsnot be permitted to defeat
variations are canons of restrictive interpretation. the plainly indicated purpose of the legislature.
- Basis: legislature would not have It will
madenotspecified
apply where the enumeration is by- way of
enumerations in a statute had the intention been not to example or to remove doubts only.
restrict its meaning and confine its It will to
terms not those
apply in case a statute appears upon - its face
expressly mentioned. They are oppositetothelimit the of
doctrine operation of its provisions to particular
necessary implication. persons or things by enumerating them, but no reason
exists why other persons or things not so enumerated
Negative-opposite doctrine should not have been included and manifest injustice
- The principle that what is expressed puts an end to that will follow by not including them.
The rule may be disregarded of it will - result to
which is implied is also known as negative-positive
incongruities or a violation of the equal protection clause
doctrine or argumentum a contrario.
of the constitution, inconvenience, hardship and injury
to the public interest.
Application of expressio unius rule
Where the legislative intent shows that the enumeration
-
is not exclusive, the maxim does not apply.
25
 where the intention is not to qualify the antecedent at
Doctrine of casus omissus all.
- The rule of casus omissus pro omisso habendus est
states that a person, object or thing omitted from an Reddendo singular singulis
enumeration must be held to haveThe beenvariation
omittedof the doctrine of last antecedent - is the
intentionally. reddendo
. Thesingular
maxim singulis
rule
meansof
- Principle proceeds from a reasonable certainty referring that
eacha to each; referring each phrase or
particular person, object or thing has been omitted
expression
fromto its appropriate object, or let each be put in
a legislative enumeration its proper place, that is, the words should be taken
- The rule does not apply where it is shown that the distributively.
legislature did not intend to exclude the person, thing, requires
Reddendo - singulis
thatsingular
the antecedents
object from the enumeration. If such legislative intent is
and consequences should be read distributively to the
clearly indicated, the court may supply the effect
omission if to
that each word is to be applied to the subject to
do so will carry out the clear intent of the legislature and by context most appropriately related
which it appears
will not do violence to its language. and to which it is most applicable.

Doctrine of last antecedent Provisos, generally

- Q ualifying words restrict or modify The onlyoffice
the ofwords
a proviso
or is either to limit the application
- of
phrases to which they are immediately associated.
the enacting
They clause, section, or provision of a statute, or
do not qualify words or phrases which are to except
distantlysomething
or therefrom, or to qualify or restrain
remotely located. its generality , or to exclude some possible ground of
- In the absence of legislative intent to misinterpretation
the contrary, of it, as extending to cases not
preferential and qualifying words andintended
phrases mustby the be legislature to be brought within its
applied only to their immediate or last antecedent, and purview.
not to the other remote or preceding Its primary
words or purpose is to limit or restrict the - general
association of words. language or operation of the statute, not to enlarge it.
- The maxim expressive of this rule isA proviso is commonly proximum found at the end of a-section, or
provision
antecedens fiat relatio nisi impediatur sententia, of a statute and is introduced, as a rule by the
or
relative words refer to the nearest antecedents, unless word “Provided”
the context otherwise requires. What determines whether a clause is a proviso - is its
- The use of comma to separate an antecedent substance
from therather than its form. If it performs any of the
functions
rest exerts a dominant influence in the application of a proviso, then it will be regarded as such,
of the
doctrine of last antecedent. irrespective of what word or phase is used to introduce
it. It is a question of legislative intent.
Qualification of the doctrine
- Doctrine of last antecedent is subject to the exception Proviso may enlarge scope of law
that where the intention of the law is t has to been
applyheld thethat “even though the primary - purpose
I
phrase to all antecedents embraced in the provision,
of the proviso
the is to limit or restrain the general language
same should be made extensive to the whole.
of a statute, the legislature, unfortunately, does not
- Slight indication of legislative intentalways
so to use extend
it with
the technical correctness; consequently,
relative term is sufficient. Nor does the where doctrineits use creates an ambiguity, it is the duty of the
apply
26
 court to ascertain the legislative intention,Repugnance through between proviso and main provision
resort to the usual rules of construction A proviso
applicable
shouldto be so construed as to harmonize
- and
statutes generally and give it effect not even thoughor the
to repeal destroy, the main provision of the
statute is thereby enlarged, or the provision made to statute.
assume the force of independent When enactmentthereand is an irreconcilable conflict or repugnancy
-
although a proviso as such has no existence apartbetweenfroma proviso and the main provision of a statute,
which it is designed to limit or qualify. that which is a located in a later portion of the statute
- A proviso may thus enlarge, instead of restrict
prevails,or limit,
unless there is a legislative intent to the
what otherwise is a phrase of limited import or
contrary hassuch
there construction will destroy the whole
been no proviso qualifying it. statute itself.
The latter provision, whether a proviso or not, - is given
Proviso as additional legislation preference because it is the latest expression of the
- A proviso may also assume the role of an additional intent of the legislation.
legislation.
- A clear and unqualified purpose expressed in the Exceptions generally
opening statement of a section of a statute comprising
several subdivisions has been construed Anasexception
controllingconsists of that which would otherwise
- be
and limiting a proviso attached to one ofincluded the in the provision from which it is excepted.
subdivisions, where the proviso,Anif exception
segregated will be construed as such if it- removes
therefrom, would mean exactly the reverse something of what itfrom the operation of a provision of law.
necessarily implied when read in connection It is often with the an exception confirms the
said that - general
limitation. rule. It should not be construed to qualify the words or
phrases constituting the general rule.
What proviso qualifies It is well settled that the express mention of -exceptions
- The general rule is that the office of the operates to exclude other exceptions and conversely,
proviso qualifies
those which
or modifies only the phrase immediately preceding are not within the enumerated exceptions
it or
restrains or limits the generality of the clause that are it deemed included in the general rule.
immediately follows. Exceptions, as a general rule, should be strictly
- but
- It should be confined to that which directly precedes it, reasonably construed.
or to the section to which it has been appended, unless
it clearly appears that the legislature intended it to have Exception and proviso distinguished
a wider scope. an exception differs from a proviso. An - exception
exempts something absolute from the operation of a
Exception to the rule statute, by express words in the enacting clause.
- Where the legislative intent is to restrain or qualify not A proviso defeats its operation conditionally.
-
A proviso
only the phrase immediately preceding it but also earlier avoids them by way of defeasance - or excuse.
provisions of the statute or even the statute An itself
exceptionas a is generally a part of the enactment itself,
whole, then the proviso will be construed in excluding
absolutely that from its operation some subject or
manner, in order that the intent of the law thing may thatbe otherwise would fall within its scope.
carried out. But when the enactment is modified by engrafting - upon
it a new provision by way of amendment, providing

27
 conditionally for a new case, it every is inother
the part
nature
and every
of aword and phrase in connection with
proviso. Optima statute interpretatrix est ipsum
its context.
statutum.
- One of the functions of a proviso is to except something
The best interpreter of a statute is the statue itself.
from an enacting clause. In this sense, an exception and
a proviso are similar. 6.03 Purpose or context as controlling guide
A statute must always be construed as a whole, and the
Saving clause particular meaning to be attached to any word or phrase is
- It is a clause in a provision of lawusually whichtooperates
be ascertained
to from the context, the nature of the
except from the effect of the law subject
whattreated
the and the purpose or intention of the body which
clause
provides or to save something which would otherwiseenacted orbe framed the statute. Statute must receive a
lost. reasonable construction, reference being had to their
- It is used to except or save something fromcontrolling
the effectpurpose,
of to all their provisions, force and effect
a repeal of a statute. being given not narrowly to isolated and disjoined clauses, but
- It should be construed in the to light
theirof
spirit,
the broadly
intent taking
or all their provisions together in one
purpose of the legislature (the principal consideration rational view.
being to effectuate such intent or carry out such
purpose). 6.04 Giving effect to statute as a whole
- It should be given a strict or liberalBecause construction
a statute is enacted in whole and not in parts or
depending upon the kind of interpretation sections,
that which
should,implies that one part is as important as the
considering its nature, be given to the other,statute
the statue
as should
a be construed and given effect as a
whole. whole. A provision or section which is unclear by itself may be
made clear by reading and construing it in relation to the whole
CHAPTER 6: STATUTE CONSTREUD statute. Every ASpart of a statute should be given effect because
a statute is enacted as an integrated measure and not as a
WHOLE AND IN RELATION TO OTHER hodgepodge of conflicting provisions.
STATUTES Court should adopt a construction that will give effect to every
part of a statue, if at all possible. This rule is expressed in the
6.01 Generally ut res magisorvaleat
themaxim
construction
quam pereatis
A statute is passed as a while and not in parts to
or be soughtand
sections which gives effect to the whole of the statute—its
is animated by one general purpose and intent. Consequently, every word.
each part or section should be construed in connection with
every other part and section so as to produce a harmonious 6.05 Apparently conflicting provisions reconciled
whole. Whole and every part of statute should The rule that a statute must be construed and given effect as a
be construed
together. whole requires that apparently conflicting provisions should be
reconciled and harmonized, if at all possible. All the provisions,
6.02 Intent ascertained from statue as whole even if apparently contradictory, should be allowed to stand
and given
The intent or meaning of a statue should be ascertained fromeffect by reconciling time. The statute must be so
construed
the statute taken as a whole and not from an isolated as to prevent a conflict between parts of it. For it is
part or
provision thereof. The legislative meaning is to beonly by so construing a statute that the statute will be given
extracted
form the statue as a whole. Its clauses are not to be segrated, effect as a whole.
but every part of a statute is to be construed with reference6.06
to Special and general provisions in same statute

28
When there is a particular or special provision and a general 6.10 Construction as to give life to law
provision in the same statue and the latter in its most Law must receive sensible interpretation to promote the
comprehensive sense would overrule the former, the particular
ends for which they are enacted. They should be given
or special provision must be operative and thereasonable
general provision
and practical construction as will give life to them, if
must be taken to affect only the other parts of the
it can
statute
be done
to without doing violence to reason. Conversely, a
which it may properly apply. The particular or special law provision
should not be construed as to allow the doing of an act
is construed as an exception to the general provision.
which is prohibited by law, nor so interpreted as to afford an
opportunity to defeat compliance in terms, create an
6.07 Construction as not to render provision nugatoryinconsistency, or contravene the plain words of the law.
The whole state should, if possible, be givenInterpretatio
effect is fienda est ut res magis valeat quam pereat
or that
that a provision of a statute should be so construed
interpretation
as not to that will give the thing efficacy is to be adopted.
nullify or render nugatory another provision of the same The court should start with the assumption that the
statute. legislature did not do a vain thin gin the enactment of the
Interpretatio fienda est ut res magis valeat
statute.
quam
It is to be presumed that the law is complete by itself.
pereat, which means that a law should be interpreted with a Ut res magis
, that the
valeat
courts
quam
should,
pereat
if
view to upholding rather than destroying it. A construction
reasonably possible
that to do so without violence to the spirit and
would render a provision inoperative or ineffectivelanguage
should
of be
an act, so interpret a statute as to give it efficient
avoided. operation and effect as a whole.

6.08 Reason for the rule 6.11 Construction to avoid surplusage

The construction that requires that apparentlyThe conflicting
rule that a statue should be given effect as a whole
provisions of a statute be reconciled and harmonized, requires
if at that
all the state be so construed as to make no part of
possible and that a provision should be so construed
provisionas not
thereof
to surplusage. A legal provision must not be so
nullify another, is based on the presumption that the construed
legislatureas to be a useless surplusage, and accordingly,
has enacted a statute whose provisions are in harmony
meaninglessand in the sens of adding nothing to the law or having
consistent with each other and that conflicting intentions noineffect
the whatsoever therein. Nor should a word be so
same statue are never supposed or regarded. construed as to render other words or phrases associated with
it serves no purpose. For the legislature, in enacting a law, is
6.09 Qualification of rule presumed to have used the word or phrase for a purpose. In
One part of a statute cannot be reconciled
short,
or the legislature, in enacting a statute, is supposed not to
harmonized with another part without nullifying oneinsert in favor
a provision
of which is unnecessary and a surplusage.
the other, the court should, in construing the statue, choose
one which will best effectuate the legislative intent. Rule:6.13 where Statute and its amendments construed together
absolute harmony between parts of a statue is demonstrably All parts of a statute are to be harmonized and
not possible, the court must reject that one whichreconciled
is least in so that effect may be given to each and every part
accord with the general plan of the whole statue. However, thereof
if applies to the construction of a statute and its
there be no such ground for choice between inharmonious
amendments. Amendments should be given effect. It is to be
provisions or sections, the latter provision or section,
presumed beignthat
thethe changes have some purpose, which should
last expression of the legislative will, must, in construction, be ascertained and given effect.
vacate the former to the extent of the repugnancy.

29
B. STATUTE CONSTRUED IN RELATIONthey TO may be considered in pari materia, that the two or more
CONSTITUTION AND OTHER STATUTES statute relate to the same specific subject matter. Two laws are
not in pari materia if they refer to different specific matters,
6.14 Statute construed in harmony with the Constitutionalthough they both fall under the same broad subject.
As the Constitution is the fundamental law to which all
laws are subservient, a statute should not be interpreted 6.16 How statutes in pari materia construed
independently of the Constitution. The statute should be A statute should be construed as to harmonize with
construed in harmony with and not in violation of other
the laws on the same subject matter as to form a complete,
fundamental law. It is presumed that the legislature in enacting coherent
Interpretare
and intelligible
et concordare
system.
a law, have adhered to the constitutional limitations. leges legibus est optimus interpretandi
or every modus
statute
A statute should be construed whenever mustpossible
be so construed
in a and harmonized with other statutes as to
manner that will avoid conflict with the Constitution. It should form a uniform system of jurisprudence.
not be construed in such a way as will give rise to a Statutes in pari materia should be construed together to
constitutional doubt. Nor should it be interpreted in such attain a the purpose of an express national policy. For the
manner as will render its application violative assumption
of a constitutional
is that whenever the legislature enacts a law, it has
inhibition. It should be interpreted in consonance, rather
in mind thanthe previous statutes relating to the same subject
repugnant to, any constitutional command or prescription. matter, and in the absence of any express repeal or
Where a statute is reasonable susceptible
amendment,
of two the new statute is deemed enacted in accord with
constructions, one constitutional and the other unconstitutional,
the legislative policy embodied in the prior statutes and they
that construction in favor of its constitutionality shall
should
be be construed together. Provisons in an act which are
adopted and the construction that will render it invalid
omittedrejected.
in another act relating to the same subject matter will
Every intendment of law should lean towards its validity be applied
and in a proceeding under the other act when not
the court should favor that construction whichinconsistent
gives it the with its purpose. Prior statutes relating to the same
greater chance of surviving the test of constitutionality.
subject matter are to be compared with the new provisions,
If there is doubt or uncertainty as to the meaning
and if possible
of the by reasonable construction, both are to be
legislature, if the words or provisions are obscure, orconstrued
if the that effect is given to every provision of such.
enactment is fairly susceptible of two or more constructions,
Statutes in pari materia, although in apparent conflict, are so
that interpretation will be adopted which will avoidfarthe aseffect
reasonably
of possible construed to be in harmony with
unconstitutionality, even though it may be necessary, for this Interpretare et concordare leges
eachlegibus,
other. est
purpose, to disregard the more usual or apparent import of the optimus
whichinterpretandi
means that themodus,
best
language employed. However, the court cannot, method in order of to interpretation is that which makes laws consistent
bring a statute within the fundamental law, amend it by with other laws.
construction. When two or more statutes on the same subject were
enacted at different times and under dissimilar circumstances
6.15 Statutes in pari materia or conditions, their interpretation should be in accordance with
Statutes are in pari material when theythe relate
circumstances
to the or conditions peculiar to each, in order that
same person or thing, or have the same purpose or the object,
statutes
or may be harmonized or better understood. Rule
cover the same specific or particular subject matter. The later distingue tempora et concordabis
based
, or distinguish
on: jura
statute may specifically refer to the prior statutes. The fact that times and you will harmonize laws.
no reference is made to the prior law does not mean thatAthe statute will not, however, be construed as repealing
two laws are not in pari materia. It is sufficient, inprior
orderactthat
on the same subject in the absence of words to that

30
effect, unless there is an irreconcilable repugnancy
the special
between law is later, it will be regarded as an exception to or
them or unless the new law is evidently intended qualification
to supersede of, the prior general act; and where the general
all prior acts on the matter and to comprise itselfact theissole
later,
andthe special statute will be construed as remaining
complete system of legislation on the subject. an exception to its terms, unless repealed expressly or by
necessary implication.
6.17 Reasons why laws on same subject are reconciledWhere two statutes are of equal theoretical application
In enacting a statute, the legislature is
to presumed
a particular to case, the one designed therefore specially should
have been aware of, and have taken into account, prior laws on prevail.
the subject of legislation. It cannot be said that they intended
the establishment of conflicting and hostile systems on the 6.21 Reason for the rule
same subject, or to leave in force provisions of a prior law Reason: (special as exception to the general) the
which may thwart and overthrow the will of the legislature
legislature.in passing a law of special character has its attention
directed to the special facts and circumstance which the special
6.18 Where harmonization is impossible facts and circumstances which the special act is intended to
If two or more laws on the same subject cannot possibly meet.
be reconciled or harmonized, one has to give way in favor of
the other. There cannot be two conflicting laws on the same 6.22 Qualifications of the rule
subject. The earlier one must yield to the later one, itThe beingrule
theis not absolute. One exception is that where the
later expression of the legislative will. legislature clearly intended the later general enactment to
cover the whole subject and to repeal all prior laws inconsistent
6.19 Illustration of the rule therewith, the general law prevails over a special law on the
6.20 General and special statutes subject. In such case, there is a repeal of the special law.
A general statute is a statute which applies to all ofAnother the exception: where the special law merely
people of the state or to all of a particular class of persons
establishes
in a general rule while the general law creates a
the state with equal force. It is one which embraces
specific ofand
a class
special rule, in which case the general law prevails
of subject or places and does not omit any subject or place over the special law.
naturally belonging to such class. A special statute is one Thewhich
rule does not apply where the situation is reversed,
relates to particular persons or things of a class or that
to is,
a the general law treats the subject in particular and the
particular portion or section of the state only. special law refers to it in general. In this situation, the general
A general law and special law on the law same prevails
subjectover are the special law in the event of repugnancy or
statutes in pari material and should, accordingly be read conflict between the two laws.
together and harmonized, if possible, with a view to giving
effect to both. Rule: where there are two acts, one of which is 6.23 Reference statutes
special and particular and the other general which, if standing A reference statute is a statute which refers to other
alone, would include the same matter and thus conflict with statutes
the and makes them applicable to the subject of
special act, the special must prevail since it evinces
legislation.
the It is incorporation in a statute of another statute by
legislative intent more clearly than that of a general
reference.
statuteIt and
is used to avoid encumbering the statute books of
must be taken as intended to constitute an exception unnecessary
to the repetition, and they have been recognized as an
general act. approved method of legislation, in the absence of constitutional
The circumstance that the special law is passed before restrictions.
or after the general act does not change the principle. Where

31
 The adoption by reference of a statute that was The reenactment of a statute which has received a
previously repealed revives the statute. The adoption
practical
takesorthe
contemporaneous construction by those charged
adopted statute as it exists at the tie of adoption with
and does
the duty
not of executing it is a persuasive indication of the
include the subsequent changes or modification of adoption
the statute
by the legislature of the prior practical or executive
so taken, unless it does so expressly. construction, the legislature being presumed to know the
A reference statute should be so construed
existence
as to of such construction when it made the reenactment.
harmonize with, and to give effect to, the adopted statute.
6.27 Qualification of the rule
6.24 Supplemental statutes the rule that when a judicial or contemporaneous
A supplemental act is one intended to supply
construction has been given to a statute, the reenactment of
deficiencies in an existing statute and to add, to complete,
the statute
or is generally held to be in effect a legislative
extend the statute without changing or modifying adoption
its original
of the construction, applies only when the statute is
text. The original statute and the supplemental act shouldcapable
be of the construction given to it and when the
read and construed together to make an intelligible whole. construction has become a settled rule of conduct.

6.25 Reenacted statutes 6.28 Adopted statutes

A statute which reenacts a previous statute or the An adopted statute is statute patterned after, or
provisions thereof is known as reenacted statute. copied
A from a statute of a foreign country. In construing it, the
reenactment is one in which the provisions of court
an earlier
shouldstatute
take into consideration the construction of the law
are reproduced in the same or substantially the same
by thewords.
courts of the country from which it is taken, as well as
The reenactment may also be made by reference.the Thus,
law where
itself and the practices under it, for the legislature is
a statute provides that all laws not inconsistentpresumed
with the to have adopted such construction and practices with
provisions thereof are deemed incorporated and made the adoption
integralof the law. The presumption does not, however,
parts thereof by reference, such previous laws on the sameapply to construction given the statute subsequent to its
subject matter are deemed enacted. adoption, although it had persuasive effect on the interpretation
The reenactment is a legislative expression of intention of the adopted statute.
to adopt the construction as well as the language of the prior
act. Rule: when a statute or a provision thereof has been Chapter 7: STRICT OR LIBERAL
construed by the court of last resort and the same is
substantially reenacted, the legislature may be regarded as
CONSTRUCTION
adopting such construction, and the construction which the
adopted statute previously received. A. IN GENERAL
The rule is that two statute with a parallel scope,
purpose and terminology should, each in its own field, have a 7.1. Generally:
like interpretation, unless in particular instances there is Whether a statute is to be given a strict or liberal
constructionor will be depend upon the nature of the
something peculiar in the question under the consideration,
statute,
dissimilar in the terms of the act relating thereto, requiring a the purpose to be subserved and the mischief to
different conclusion. be remedied, and a strict or liberal interpretation will be
given a statute that will best accomplish the end desired
6.26 Adoption of contemporaneous construction and effectuate legislative intent.

32
7.2. Strict construction, generally legislation forbidden by the tripartite division of powers
Strict construction is that construction
among according
the three departments of government, the
to the letter of a statute, which recognizes nothing
executive,thatthe legislative and the judicial. A statute may
is not expressed, takes the language used not in
be itsliberally
exact construed to read into it something
meaning, and admits no equitable consideration. which It its clear and plain language rejects.
does not mean giving a statute its narrowest meaning of
which it is susceptible. Nor does it mean that words 7.5. Construction to promote social justice.
shall be so restricted as not to have their full meaning.“It (social justice mandate) is meant for the three
Scope of statute shall not be extended departments:
or enlargedthe by
legislative, executive, and judicial, because
implication, intendment, or equitable the latter
consideration
two are no less than the agencies of the state than
beyond the literal meaning of its terms. the first. Enhance social justice.

7.3. Liberal construction, defined. 7.6. Construction taking into consideration general welfare or
Liberal constructions means such equitable growth of civilization.
construction as will enlarge of a statute to accomplish Someitsauthorities advocate a construction which
intended purpose, carry out its intent, seeks anorexpansive
promoteapplication of statutes to attain the general
justice. It does not mean enlargement of a provision salus. populi
Statute welfare.
est
enacted
supremafor lex
the
which is clear, unambiguous and free from doubt, for a public good are to be Statuta construed
pro liberally.
publico
statute which is plain and clear is not subject to . An commodo
authority
lateoninterpretantur
the subject
construction. Liberal construction expounds
is thaton construction
this type of construction: “There is for me in all
which expands the meaning of a cases statutea principle
to meet cases of statutory construction not to be found on
which are clearly within the spirit theorbooks,
reasonbutthereof
whichorfor the Philippine Islands is all-important.
within the evil which the statute In thewas resolution
designedof allto questions, I begin with these queries:
remedy, or which give the statute its generally accepted what is for the best interest of the Filipino people?
meaning to the end that the most“The comprehensive
statute in general has two, articulate organs for
application thereof maybe accorded, lawmakingwithout purposes being
– the legislature and the tribunal. First
inconsistent with its language or doing organ
violence
makestonew anylaw,
of the second attests and confirms old law.
its terms. Liberal construction Statutes
meansmust that bethe interpreted
words in the light of the growth of
should receive a fair and reasonable interpretation, so as civilization and varying conditions.
to attain the intent, spirit and purpose of the law.
7.7. Penal statutes, generally.
7.4. Liberal construction applied, generally. Penal statutes refer to those laws by which
The literal meaning of the punishments
words used are may
imposed be for violation or transgression of their
rejected if the result of adoptingprovisions.
said meaning Actswould
of thebe legislature which prohibit certain acts
to defeat purpose of the law. Liberal and establish
interpretation
penalties
so for their violation; or those that define
as to save the statute from obliteration, crimes, treat
ut of their nature res magis
and provide for their punishment.
valeat quam pereat . Construction
Penal byor criminal
this naturelawsandarethethose which impose punishment for
act of the court in engrafting an offense
upon a committed
law something against the state, and which the chief
which its believes ought to have been executive
embraced has therein.
the power to pardon. A statute which decrees
The former is liberal construction the forfeiture
and is ain legitimate
favor of the state of unexplained wealth
exercise of judicial power. The acquired
latter byisa public
judicialofficial while in office is criminal in nature.

33
 criminal without regard to the intent of the doer, unless there is
7.8. Penal statutes strictly construed. a clear legislative intent to the contrary; evil intent must
Penal or criminal laws are strictly construed Actus non facit reum
combine
nisi mens
with an
sit act.
rea,
against the State and liberally in favor of the the accused
act itselfcannot
does not make a man guilty unless his intention
be enlarged or extended by intendment, implication, or Actus any me invito factus non est weremeus
so.
, anactus
act
equitable consideration. The language of a penal statutesdone by me against my will is not Mala
, criminal
myinact.
se
cannot be enlarged beyond the ordinary meaning intent,
of itsapart
termsfromin the act itself, is required but in those which
order to carry into effect the general purpose for which the the only inquiry is, has malaare
the law
prohibita
been
statute was enacted. Resolved in favor of the person accused violated.
of violating the statute.
No person should be brought within the terms of a statute who 7.12 Limitation of the rule.
is not clearly within them, nor should any act be pronounced The rule that penal statutes are given a strict
criminal which is not clearly made so by the construction
statute. is not the only factor in the interpretation of the
The rule that penal statutes arecriminal
strictly laws;
construed merely
does serves as an additional factor to be
not mean that every penal law must be so narrowlyconsidered construed
as an aid in ascertaining the meaning of penal laws.
as to defeat the law itself; it merely means
A that
stricttheyconstruction
are not to should not be permitted to defeat the
be construed so strictly as to nullifyintent, or destroy
policy,the andobvious
purpose of the statute. The court should
purpose of the legislature. Be construedconsider
with suchthe strictness
spirit asand reason of a statute where a literal
to carefully safeguard the rights of the meaning
defendantwouldandlead at tothe absurdity, contradiction, injustice, or
same time preserve the obvious intention of thewould legislature.
defeat Itthe clear purpose of the law, for strict
will endeavor to effect substantial justice. construction of a criminal statute does not mean such
construction as to deprive it of the meaning intended.
Careful scrutiny safeguard the rights Capable of the ofaccused.
two interpretations, one which will operate to
Two reasonable but contradictory constructions,
exempt an accused that which from liability for violation thereof and
operates in favor of a party accused under
another
its provision
which is willto be
give effect to the manifest intent of the
preferred. The principle is that actsstatute in and andofpromotethemselves its object, the latter the interpretation
innocent and lawful cannot be held to be criminal should unless
be adopted;
there they are not to be so strictly construed as
is a clear and unequivocal expression of the legislative intent to defeat the obvious purpose of the legislature.
make them such.
7.13 Statutes in derogation of rights.
7.9. Reason why penal statutes are strictly construed. People in republican state enjoy certain rights,
Law is tender in favorwhich of theare either
rights inherent
of an or guaranteed by the constitution or
individual; the object is to establish a certain rule
protected
by conformity
by law; rights are not absolute, and the state, in the
to which mankind would be safe, and the discretion
exercise ofofthe its court
police power, may enact legislations curtailing or
limited. The purpose of strict constructionrestricting
is not to their enable
enjoyment.
a As these statutes are in derogation
guilty person to escape punishment through of a common
technicalityor but general rights, they are generally strictly
to provide a precise definition of forbidden
construed
acts. and rigidly confined to cases clearly within their
scope or purpose.; two reasonably possible constructions, one
7.10. Acts mala in se and mala prohibita which would . diminish or restrict fundamental right of the people
General rule is that a penal and the other will
statute of which
not would
be not do so, the latter construction
construed to make the commission of certain prohibited acts

34
must be adopted so as to allow full enjoyment Statutes of such relating to suspension or removal of
fundamental right. public officials are strictly construed. ; removal is to be confined
within the limits prescribed for it; the causes, manner and
7.14 Statutes authorizing expropriations. conditions fixed must be pursued with strictness; where the
The power of eminent cause domain
of removal
is essentially
is specified, the specification amounts to a
legislative in nature. The legislature prohibition
may not, however, to remove by for a different cause, which is a
itself, exercise such power by enacting a law directly expressio unius
paraphrase
est exclusion
of thealterius.
maxim
expropriating a particular land and fixing the ; remedy
amount of removal
of just is drastic one and penal in nature.; where
compensation thereof. It may delegate a statute
the provides
power, by thatlaw,
a public official may be removed for
subject to hearing as to just compensation “neglect to theof president,
duty, oppression, corruption or other forms of
local government units, or a public maladministration
utility company.; instrictly office,” the phrase ‘in office” should be
construed against the expropriating authority construed and toliberally
qualify inthe enumerated grounds, in that the
favor of property owners; “exercise of grounds the right mustofbe eminent
such as affect the officer’s performance of his
domain, whether by the state or by its authorized duties as anagents,
officer isand not such as affect only his character as
necessarily in derogation of private rights, and the rule in that a private person.
case is that the authority must be strictly construed; right to
freehold inhabitants. 7.18 Naturalization laws.
Laws on naturalization are strictly construed
7.15 Statutes granting privileges. against an applicant for citizenship and rigidly followed and
Statutes granting advantagesenforced.
to private; rightpersonsof an alien to become a citizen by
or entities have in many instance created special naturalization
privileges is or a statutory rather that a natural one, and it
monopolies for the rantees and have thus does beennotviewed
becomewith vested until he files a petition and establishes
suspicion and strictly construed; public advantage
by competent is gained
and bysatisfactory evidence that he has all the
the grant, it narrowly appears to be secondary qualifications significance
and none of the disqualifications specified by law.
compared with the advantage gained by the grantee.
Strict construction requires that those who 7.19
invoke
Statutes imposing taxes and custom duties.
a special privilege granted by the statute must comply Thestrictly
power to tax is an incident of sovereignty
with its provisions. Privilegia recipientand largam
is unlimited
interpretationem
in its range, acknowledging in its very nature
voluntati consonam concedentis no
, limits,
or privileges
so that security
are to be against its abuse the is to be found
interpreted in accordance with the will of only
him who in the
grants
responsibility
them. of the legislature which imposes the
tax of the constituency who are to pay it. ; “power to tax
7.16 Legislative grants to local government units. involves the power to destroy.” ; tax statutes must
Legislative grants inbe favorconstruedof local
strictlygovernment
against the government and liberally in
units are grants of a public nature, andfavor hence,
of theshould
taxpayer.be ; the statute is to be construed strictly
strictly construed against the grantee.; thereagainst
is in such
the asubjection
grant to tax liability, and it will not be
a gratuitous donation of public money or property construed
whichas results
imposing a tax unless it does so clearly, expressly
in an unfair advantage to the grantee and for and that unambiguously
reason, the . a tax cannot be imposed without clear and
grant should be narrowly restricted in favor ofexpress
the public.
words for that purpose. Tax or customs laws may not
be extended by implication beyond the clear import of their
7.17 Statutory grounds for removal of officials.language, nor their operation enlarged so as to embrace
matters not specifically provided. ;

35
 Reason – taxation is a destructive power which Restrictive statutes which impose burdens on the
interferes with the personal and property rights public of treasury
the people
or which diminish rights and interest are strictly
and takes from them a portion of their property
construed. for theForsupportthis reason, such statutes , no matter how
of the government.; burdens are notbroad to betheir imposed,
terms are, nor do not embrace the sovereign, unless
presumed to be imposed, beyond what the statutes expressly the sovereign is specifically mentioned.
and clearly import.
7.23 Statutes authorizing suits against the government.
7.20 Statutes granting tax exemptions. “State may not be sued without its consent.” –
Taxes are what the people reaffirms
pay universal
for civilizedrule that the sovereign is exempt from suit,
society. ; lifeblood of the nation. Thein the lawabsence
frowns ofagainst
its consent to be sued usually in the form of a
exemptions from taxation. Laws granting tax statute
exemptions
to that effect,
are not because of any formal conception or
thus construed strictissmi jurisabsolute
against theorythe buttaxpayer
on theandlogical and practical ground that
liberally in favor of the taxing authority. Taxation is the rule there can be Nullum no legaltempus
right depends.
occurrit
and exemption is theexception. The burden of proof . Arests
statute
upon whereby the state gives its consent regi to be sued
the party claiming exemption to proveisthatstrictly
it is in fact
construed,
covered and the waiver of immunity from suit,
by the exemption so claimed. Statutes being
granting
in derogation
tax of sovereignty, will not be lightly inferred.
exemptions are construed strictissimi juris against the
taxpayer and liberally in favor of the taxing authority. Basis –7.24 Statutes prescribing formalities of will.
to minimize the different treatment and foster impartiality, Statutes prescribing the formalities to be
fairness and equality of treatment among observed
taxpayers.
in the execution
For of wills are strictly construed, ; a will
exemptions from taxation are not favored in law, nor mustarebethey executed in accordance with the statutory
presumed. They must be expressed in the requirements,
clearest and most otherwise it is entirely void. ; apply the intent of
unambiguous language and not lefttheto legislators mere implications.
and not that of the testator, and the latter’s
“exemptions are never presumed, the burden isintention
on the claimant
is frequently defeated by the non-observance of what
to establish clearly his right to exemption and an alleged grant the statute requires.
of exemption will be strictly construed and cannot be made out
by inference or implications but must be beyond reasonable 7.25 Exceptions and provisos.
doubt. In other words, since taxation is the rule and exemption As a rule, exceptions should be strictly but
the intention to make an exemption ought reasonably
to be expressed construed;
in they extend only so far as their
clear and unambiguous terms. language fairly warrants, and all doubts should be resolved in
favor of the general provision rather than the exception. The
7.21 Qualification of rule. court will not curtail the former nor add to the latter by
Not absolute. Where the provision
implication, of the
and lawit isisa rule that an express exception excludes
clear and unambiguous , so that there isall no occasion
others, although
for the it is always proper in determining the
court seeking the legislative intent, theapplicability
law must be taken of this as itrule to inquire whether, in the particular
is, devoid of judicial addition or subtraction. Law provides no case, it accords with reason and justice.
qualification for the granting of tax exemption, the court isSimilarly, not a statute, rule or situation which allows
at liberty to supply one..; does not apply exceptions
in the to the
case requirement
of tax of warrant of arrest or search
exemptions in favor of the government itselfwarrant
or its agencies.
must be strictly construed. A preference is an
exception to the general rule and it is what its name implies.
7.22 Statutes concerning the sovereign.

36
 A proviso should be interpreted
convenience
consistently
of the local
with government unit and the inhabitants
the legislative intent. The reason is that the legislative thereof,
purpose and for the protection of the property therein.
set forth in the general enactment expresses the The legislative
general welfare clause should be construed
policy and only those expressly exempted by the proviso should liberally in favor of the local government units.
be freed from the operation of the statute.
7.28 Grant of power to local governments.
Limited self-government to full autonomy. The
C. STATUTES LIBERALLYold CONSTRUED
rule is that municipal corporations, being mere creatures of
the law, have only such powers as are expressly granted to
7.26 General social legislation them and those which are necessarily implied or incidental to
Implement the social justice the exercise
and protection-to-
thereof and that grants of power to them are to be
labor provisions of the Constitution areconstrued known strictly
as general and any doubt should be resolved in favor of
welfare legislations. These statutes the
are national
construedgovernment
liberally. and against the political subdivision
General welfare legislations, the courts will be guided by more concerned.
than just an inquiry into the letter of the law as against Theitsrule of construction change with the
spirit and will ultimately resolve any enactment
doubt in of Republic
favor of Act the No.2264, otherwise known as the
persons whom the law intended to benefit.Local Autonomy Act. Section 12 of said Act provides in part
Labor laws, tenancy laws, thatland
the reform
‘impliedlaws power
and of a province, a city or a municipality
social security laws. However, while general shall be liberally
welfare construed in its favor. Any fair and reasonable
legislations are construed liberally in favor ofdoubt
thoseasintended
to the existence
to of the power should be interpreted in
be benefited, this principle holds true only whenfavorthere
of theis local
doubtgovernment and it shall be presumed to exist.
or ambiguity in the law and not when the law Thisitself
liberal
is clear
construction
and is fortified by the Constitution. 1973
free doubt. Constitution is towards the fullest autonomy of local
Workingman’s welfare should be the primordial government units.
and paramount consideration. Article 4 of the New LaborLocal Code Government Code – ‘any power of a
which states that ‘all doubts in the barangay, implementationmunicipality,
and city or province shall be liberally
interpretation of the provisions of the Labor Code including its construed in its favor.
implementing rules and regulations shall be resolved in favor Shall
of be resolved in favor of devolution of powers
labor. Based on the premise that the statute
andis ofambiguous.
the lower local government unit. Tax ordinance or
revenue measure shall be construed strictly against the local
7.27 General welfare clause. government unit enacting it, and liberally in favor of the
The general welfare clause
taxpayer.
on the power
Any tax of local
exemption construed strictly against the
government has two branches. One branch person
attaches
claimingitselfit;toLiberally interpreted to give more powers to
the main trunk of municipal authority local and government
relates tounits suchin accelerating economic developmet
ordinances and regulations as may be necessary and upgrading
to carry into the quality of life for the people in the
effect and discharge the powers and duties conferred
community; upongoverned
local by the original terms and conditions of
legislative bodies by law. The second branch said contracts
is much or the
morelaw in force at the time such rights were
independent of the specific functions enumerated vested; byresolution
law. of It controversies may be had to the customs
authorizes such ordinances as shall seem necessary and traditions
and properin the place where the controversies take place.
to provide for the health and safety, promote the prosperity,
improve the morals, peace, good order, comfort, and 7.29 Statutes granting taxing power.

37
 Before the 1973 Constitution,insubstantial
the rule distinctions.
is that a When proper, a tax statute should be
local government unit, unlike the sovereign state is clothedconstrued with to avoid the possibilities of tax evasions.
no inherent power of taxation. And the taxing power when
granted is to be construed strictissimi juris . Any doubt or 7.32 Election Laws.
ambiguity arising out of the terms used in granting thatElection power laws should be reasonably and liberally
must be resolved against the local government construed unit. to achieve their purpose – to effectuate and
Inferences, implications, and deductions safeguard
have no the placewillin the
of the electorate in the choice of their
interpretation of the taxing power of a municipal
representatives
corporation. – for the application of election laws involves
Based on the concept public that local
interestgovernment,
and imposes upon the Commission on Elections
unlike the sovereign state, are allocated withandno the
inherent
courtspowerthe imperative duty to ascertain by all means
to tax. The New Constitution has changed such within
concept.
their command
The who is the real candidate elected by the
Constitution provides that “Each local government unit shall people.
have the power to create its own sources of revenue Elections and to laws may be divided into three parts for
levy taxes, fees and charges subject to purposes
such of guidelines
applying and the rules of statutory construction. The
limitations as the congress may provide, consistent part refers with
to thetheprovisions for the conductfirstof elections
basic policy of local autonomy. Statutes prescribing limitations which elections officials are required to follow. second
The
part
of the taxing power of local government units covers
must those
be strictly
provisions which candidates for office are required
construed against the national government and liberally in favor part embraces thoseto procedural
perform. third
rules
The
of the local government units. which are designed to ascertain, in case of dispute, the actual
winner in the elections.
7.30 Statutes prescribing prescriptive period to collect “rules and regulations for the conduct of elections
taxes. are mandatory before the election, but when it is sought to
Statutes prescribing the enforce
period them of limitation
after the elections
of they are held to be directory
action for the collection of taxes is beneficial only, if that bothis possible,
to the especially where, if they are held to be
government because tax officers would mandatory,
be obliged innocent to actvoters will be deprived of their votes,
promptly in the making of assessment, and towithout citizensany because
fault on their part. Generally, “the provisions of a
after the lapse of the peiod of prescription,
statute
citizensas would
to thehave manner of conducting the details of an
a feeling of security against unscrupulous tax elections
agents who are will
not mandatory, but directory merely, and
always find an excuse to inspect the books of irregularities
taxpayers, not in conducting
to an elections and counting the votes,
determine the latter’s real liability, but not to take
proceeding
advantagefrom of any wrongful intent and which deprives no
every opportunity to molest peaceful, law-abiding legal citizens.
voter of his votes, will not vitiate an election or justify the
rejection of the entire votes of a precinct.
7.31 Statues imposing penalties for non-payment of tax. The provisions of the election law which
Statues imposing penalties
candidates for fornon-payment
the office are of required to comply are generally
taxes within the required period are liberally regarded
construedasinmandatory.
favor Qualifications of candidates, requiring
of the government and strictly observed the andfilinginterpreted
of certificates of candidacy, defining election offenses,
against the taxpayer. Strong reasons of public and limiting
policy support
the period within which to file election contests, are
this rule. Such laws are intended to hasten tax mandatory
paymentsand or tofailure to comply with such provisions are fatal.
punish evasions or neglect of duty in respect thereto. The provisions of the election law designed to
They will not place determine
upon taxthelaws will soof loose
the electorate
a are liberally construed.
construction as to permit evasions Technical
on merelyand fanciful
procedural
and barriers should not be allowed to

38
stand if they constitute an obstacle in the choice of their
elective officials. 7.35 Adoption statues.
Election law intended to safeguard the will Adoption
of the statutes are construed liberally in favor
people in their choice of their representatives of the child
should
to be beadopted with the liberal concept that adoption
construed liberally to achieve such purpose. statutes, being humane, and salutary, hold the interest and
Election protest, whichwelfare shouldof be
the liberally
child to be a paramount consideration and are
construed to the end that the popular will designed
expressed
to provide
in thehomes, parental care and education for the
election of public officers will not, by reason
unfortunate,
of purelyneedy
technical or orphaned children and give them the
objections, be defeated. protection of a society and family in the person of the adopter.
Rigid application of the law that will preclude the
court from ascertaining the popular will should be rejected in 7.36 Veteran and pension laws
favor of a liberal construction thereof that will subserve such Veteran and pension laws are enacted to
end, where a rigid and strict application compensateand enforcement
a classof of men who suffered in the service for the
provisions of the election law will safeguard hardships
popular
theywillendured
and and the dangers they encountered in
prevent transgression of suffrage and the line mandate
of duty.of They the are expression of gratitude to and
majority, the provisions will be given recognition
strict construction.
of those who rendered service tot eh country by
Election contest, especially appreciation extendingof ballots,to mustthemberegular monetary benefit. For these
liberally construed to the end that the will reasons,
of the electorate
such statutes in are construed liberally to the end that
the choice of public officials may not be their
defeated
noble bypurpose
technical is best accomplished. However, while
infirmities. veteran and pension laws are to be construed liberally, they
should be so construed as to prevent a person from receiving
7.33 Amnesty proclamations. double pension or compensation, unless the law provides
Amnesty proclamationsotherwise.
should be Retirement
liberally or pension laws are also liberally
construes so as to carry out their purpose, construed.which Being is remedial
to in character, a statute creating
encourage the return to the field of the law pension
of thoseorwho establishing
have retirement plan should be liberally
veered from the law. Amnesty and pardonconstrued are synonymous,
and administered in favor of the persons intended to
and for this reason, the grant of pardon should likewise be benefited thereby.
construed liberally in favor of those pardoned and strictly
against the state, for where two words are synonymous, the 7.37 Rules of Court.
rules for interpreting one will apply to the other. The Rules of Court, being procedural, are to be
construed liberally with the end in view of realizing their
7.34 Statues prescribing prescriptions of crimes. purpose – the proper and just determination of a litigation. A
A stature of limitation orliberal
prescription
construction
of offenses
of the Rules of Court requires the courts, in
is in the nature of amnesty granted by thethestate, exercise
declaring
of that
their functions, to act reasonably and not
after a certain time, oblivion shall be capriciously,
cast over the and offense.
enjoins them to apply the rules in order to
Hence, statutes of limitations are liberally promote of their
construction
object and to assist the parties in obtaining a
belongs to all acts of amnesty and grace, but just,because
speedytheandvery inexpensive determination of their cases,
existence of the statute is a recognition and means
notification
conducive
by theto the realization of the administration of law
legislature of the fact that time, while it gradually wears out and justice.
proofs and innocence, has assigned to it fixed and Lapsespositive
in the literal observance of a rule of
periods in which it destroys proofs of guilt.procedure will be overlooked when they do not involve public

39
policy, when they arose from an honest mistake throughorthe
unforeseen
process of reformation, it should be liberally
accident, when they have not prejudicedconstrued
the adversetoparty
achieve
and its objective. Thus, the probation law
have not deprived the court of its authority.
may liberally
Conceivedconstrued
in the by extending the benefits thereof to
best traditions of practical and moral justice and common any one not specifically disqualified.
sense, the Rules of Court upon-splitting technicalities that do
not square with their liberal tendency and with the CHAPTER
ends of 8: MANDATORY AND
justice.
The literal stricture of the rule have been relaxed
DIRECTORY STATUTES
in favor of liberal construction in the following cases: 1. where
a rigid application will result in a manifest failure or miscarriage A. IN GENERAL
of justice 2. where the interest of substantial justiceStatutes will bemay be classified either as mandatory
- or
served 3. where the resolution of the emotion is addressed directory.
solely to the sound and judicious discretion of the court and 4.
where the injustice to the adverse party is not commensurate Mandatory and directory statutes, generally
with the degree of his thoughtlessness in not complying Mandatorywith statute is a statute which commands
- either
the prescribed procedure. positively that something be done, or performed in a
particular way, or negatively that something be not
7.38 Other statues. done, leaving the person concerned no choice on the
Curative statutes are enacted to cure defects in a matter except to obey.
Act
prior law or to validate legal proceedings which would otherwise executed against the provisions of mandatory
- or
prohibitory laws shall be void, except when the law itself
be void for want of conformity with certain legal requirements.
They are intended to supply defects, abridge superfluities and authorizes their validity.
curb certain evils. Their purpose is to give validity to Where a statute is mandatory, the court has no
acts done - power to
that would have been invalid under existing laws have distinguish
been between material and immaterial breach
complied with. Curative statutes, by their very nature, thereof are
or omission to comply with what it requires.
retroactive. A directory statute is a statute which is permissive
- or
Redemption laws, being remedial in discretionary
nature are toin nature and merely outlines the act to be
be construed liberally to carry our their purpose, whichdone is toin such a way that no injury can result from
enable the debtor to have his property applied to pay ignoring
as manyit or that its purpose can be accomplished in a
debtor’s liabilities as possible. Execution are interpretedmanner other than that prescribed and substantially the
liberally in order to give effect to their beneficent and humane same result obtained.
purpose; and to this end, any reasonable doubt be construedThe in nonperformance of what it (directory - statute)
favor of the exemption from execution. Laws on Attachment prescribes, though constituting in some instances an
are also liberally construed in order to promote their projects irregularity or subjecting the official concerned to
and assist the parties in obtaning speedy justice. disciplinary or administrative sanction, will not vitiate
An instrument of credit, warehouse receipts play the proceedings therein taken.
a very important role in modern commerce, and accordingly,
warehouse receipt laws are given liberal construction in favor of When statute is mandatory or directory
bona fide holders of such receipts. The primary object is to ascertain legislative- intent.
The purpose of the probation being Legislative intent does not depend upon the form
to give first- - of the
hand offenders a second chance to maintain his place in society statute.

40
 - Consideration must be given to the entire statute,Statutes
its using words of command, such-as “shall”,
object, purpose, legislative history and the “must”, “ought”, or “should”, or prohibition, such as
consequences which would result from construing“cannot”, it one “shall not” or “ought not”, are generally
way or the other, and the statute must be construed in regarded as mandatory.
connection with other related statutes. The use of words of command or of prohibition - indicates
- The language of the statute, however mandatory inthe legislative intent to make the law mandatory.
form, may be deemed directory whenever the legislative
It has been held that the intention of the legislature
- as
purpose can best be carried out by such construction, to the mandatory or directory nature of particular
but the construction of mandatory words as directory statutory provision is determined primarily from the
should not be lightly adopted and never where it would language thereof.
in fact make a new law instead of that passed by the Use of “shall” or “must”
legislature. As a general rule, the use of the word “shall” -in a statute
- Whethe r a statute is mandatory or directory depends on implies that the statute is mandatory.
whether the thing directed to be done is of the It means
essence“ought to”, “must”, and when used -in a statute
of the thing required, or is a mere matter of form, and or regulation, expresses what is mandatory.
what is a matter of essence can often be determined
The term “shall” is a word of command, and-one which
only by judicial construction. has or which must be given a compulsory meaning and
it is generally imperative or mandatory.
If a different interpretation is sought, it must- rest upon
Test to determine nature of statute something in the character of the legislation or in the
- The test generally employed to determine whether a context which will justify a different meaning.
statute is mandatory or directory is to ascertain the It connotes compulsion or mandatoriness.
-
consequences that will follow in case what the statute This rule is not absolute. The import of - the word
requires is not done or what it forbids is performed.
depends upon a consideration of the entire provision, its
- Whethe r a statutory requirement is mandatory or object and the consequences that would follow
nature,
directory depends on its effects. from construing it one way or the other.
- If no substantial rights depend on it and no injury
The wordcan “must” in a statute, like “shall” is -not always
result from ignoring it; and the purpose of theimperative. It may be consistent with discretion. If the
legislature can be accomplished in a manner other language
than of a statute considered as a whole and with
that prescribed and substantially the same results due regard to its nature and object reveals that the
obtained, then the statute will generally be regardedlegislature
as intended to use the word “must” to be
directory; but if not, it will be mandatory. directory, it should be given that meaning.
- A statute will not be construed as mandatoryOne andtest used to determine whether the word- “shall” in
requiring a public officer to act within a certain
mandatory
time limit or discretionary is whether non-compliance
even if it is couched in words of positive command
with what if is
it required will result in the nullity of the act.
will cause hardship or injustice on the part ofIf it
theresults
publicin the nullity of the act, the word is used as a
who is not at fault. Nor will a statute be interpreted as command.
mandatory if it will lead to absurd, impossible or
mischievous consequences. Use of “may”
The word “may” is an auxiliary verb showing, - among
Language used others opportunity or possibility. Under ordinary

41
 circumstances, the phrase “may be” implies the Prohibitive
possible or negative words can rarely,- if ever, be
existence of something. directory, for there is but one way to obey the
- Generally speaking, the use of the word “may”command,
in a “thou shall not”, and that is to completely
statute denotes that it is directory in nature. The word refrain from doing the forbidden act.
“may” is generally permissive only and operates to
confer discretion. B. MANDATORY STATUTES
- The word “may” as used in adjective laws, such as Statutes conferring power
remedial statutes which are construed liberally, isStatutes
only which confer upon a public body- or officer
permissive and not mandatory. power to perform acts which concern the pubic interests
or rights of individuals, are generally regarded as
When “shall” is construed as “may” and vice versa mandatory although the language used is permissive
- Depending upon a consideration of the entire provision,only since such statutes are construed as imposing
its nature, its object, and the consequences that would rather than conferring privileges.
follow from construing it one way or the other, the
convertibility of said terms either as mandatory or Statutes granting benefits
directory is a standard recourse in statutory Statutes which require certain steps to be - taken or
construction. certain conditions to be met before persons concerned
- It is well-settled that the word “may” should be read can avail
as of the benefits conferred by law are, with
“shall” where such construction is necessary torespect
give to such requirements, considered mandatory.
effect to the apparent intention of the legislature. The rule is based on -the maxim
vigilantibus et non
- The word “may” will, as a rule, be construed as “shall” dormientibusor jura
the laws
subveniunt
aid the
where a statute provides for the doing of some act which vigilant, not those who slumber on their rights.
is required by justice or public duty, or where it vests a Potior est in tempoe,- potior
he who-estis in
first
jure
in
public body or officer with power and authority to take time is preferred in right.
such action which concerns the public interest or rights
of individuals. Statutes prescribing jurisdictional requirements
- The word “shall” may be construed as “may” when
The so rule is that statutory requirements- by which
general
required by the context or intention of the legislature. It or tribunals acquire jurisdiction to hear and
courts
shall be construed merely as permissive when no public
decide particular actions must be strictly complied with
benefit or private right requires that it be given anbefore the courts or tribunals can have authority to
imperative meaning. proceed.
Hence, statutes prescribing the various- steps and
Use of negative, prohibitory or exclusive terms methods to be taken for acquisition by the courts or
- A negative statute is mandatory. A negative statute is tribunals over certain matters are considered
one expressed in negative words or in the form of an mandatory.
affirmative proposition qualified by the word “only”, said
word having the force of an exclusionary negation.
Statutes prescribing time to take action or to appeal
- The use of the legislature of negative, prohibitory or
Statutes or rules prescribing the time for -litigants to
exclusive terms or words in a statute is indicative oftake
the certain actions or to appeal from an adverse
legislative intent to make the statute mandatory. decision is generally mandatory.

42
 - Such statutes or rules have been held as absolutely
The rule that election laws are mandatory before - but not
indispensable to the prevention of needlessafter delaystheand
elections applies only to those provisions which
to the orderly and speedy discharge of business are andprocedural
are in nature affecting the conduct of the
a necessary incident to the proper, efficient, and orderly
election as well as to those which direct or require
discharge of judicial functions. election officials to do or perform certain acts, the
- Such statutes or rules require strict, not substantial, purpose of such construction being to preserve the
compliance. Accordingly, they are not waivable, nor sanctity
can of the ballot and carry out the will of the
they be the subject of agreements or stipulations by electorate.
litigants. The rule does not apply to provisions of the election - laws
prescribing the time limit to file certificates of candidacy
Statutes prescribing procedural requirements and the qualifications and disqualifications to elective
- In statutes relating to procedure, every act which is office.
jurisdictional, or of the essence of the proceedings,
Theseor provisions
is are considered mandatory- even after
prescribed for the protection or benefit of the party elections.
affected, is mandatory. A statute which requires a court
to exercise its jurisdiction in a particular manner, follow Statutes prescribing qualifications for office
a particular procedure, or subject to certainEligibility
limitations, to a public office is of a continuing-nature and
is mandatory, and an act beyond those limitsmust is void
exist
as at the commencement of the term and during
in excess of jurisdiction. the occupancy of the office. Statutes prescribing the
- The statute prescribing such requirements is eligibility
regarded or qualifications of persons to a public office
as mandatory, even though the language used therein is are, as a rule, regarded as mandatory.
permissive in nature.
Statutes relating to assessment of taxes
Election laws on conduct of election It is a general rule that the provisions of a statute
- relating to
- The provisions of election laws governingthe assessment
the conduct ofof
taxes, which are intended for the security of
elections and prescribing the steps election officials
the citizens,
are or to insure the equality of taxation, or for
required to do in connection therewith are certainty as to the nature and amount of each other’s tax, are
mandatory
before the elections; however, when it is mandatory;
sought to but those designed merely for the information or
enforce them after the elections, they aredirection
held to be of officers or to secure methodical and systematic
directory only, if that is possible, especially where, if modes of proceedings are merely directory.
they are held to be mandatory, innocent voters will be
deprived of their votes without any fault on their part. Statutes concerning public auction sale
- Unless of a character to affect an obstruction toStatutes
the freeauthorizing public auction sale of- properties
and intelligent casting of the votes, or to the and prescribing the procedure to be followed are in
ascertainment of the result, or unless the provisionderogation of property rights and due process, and are
affects an essential element of the election, orconstrued,
unless it with respect to the prescribed procedure, to
is expressly declared by the statute that the particular be mandatory.
act is essential to the validity of an election, or that itsThe prescribed steps must be followed - strictly;
omission shall render it void. otherwise, the sale at public auction shall be void.

Election laws on qualification and disqualification C. DIRECTORY STATUTES

43
Statutes prescribing guidance for officers failed to comply with the lay may be dealt with
- There are statutory requisitions intended for administratively
guidance of in consequence of his delay-unless the
officers in the conduct of business devolved upon them intention to the contrary is manifest.
which do not limit their power or render its exercise
Where a in statute specifies the time at or within- which an
disregard of the requisitions ineffectual. act is to be done by a public officer or body, it is
- Provisions of this character are not usually regarded
generallyas held to be directory only as to the time, and
mandatory, unless accompanied by negative words not mandatory, unless the time is of the essence of the
importing that the acts required shall not be thing
done to in be
anydone, or the language of the statute contains
other manner or time than that designated. negative words, or shows that the designation of the
time was intended as a limitation of power, authority or
Statutes prescribing manner of judicial action right.
- Statutes prescribing the requirements as to the manner
The better rule is that where a construction - of a time
of judicial action that judges should follow in the provision as mandatory will cause great injury to
discharge of their functions are, as a rule, merely
persons not at fault or result in a miscarriage of justice,
directory. such consequence should be avoided by construing the
- It should not be assumes in the absence of specific
statute as directory, for reasons of fairness, justice and
language to the contrary that the legislature intended fair play require such construction.
that the right of parties should be seriously affectedIt has
bybeen held that a statute requiring rendition
- of
the failure of a court or some officer to complyjudgment
strictlywithin a specified time is generally construed
with the statutory requirements of official action.to be merely directory, so that non-compliance with
- Procedure is secondary in importance to substantive them does not invalidate the judgment on the theory
right, and the non observance of such procedure that shouldif the statute had intended such result, it would
never be permitted to affect substantive right, unless have clearly indicated.
the intention of the legislature is clearly expressed.
However, while the period fixed by law to resolve - a case
- It is universally held that statutes of this nature
is merely
are directory, it cannot be disregarded or ignored
merely directory and noncompliance therewith is not completely with absolute immunity.
necessary to the validity of the proceedings. It cannot be assumed that the law has-included a
provision that is deliberately intended to become
Statutes requiring rendition of decision within prescribed meaningless and to be treated as a dead letter.
period
- The constitution provides that the maximum period Constitutional time provision directory
within which a case or matter shall be decidedDoes or the Constitution alter the general rule -and render
resolved from the date of its submission, shall be 24 time provision to decide mandatory? Is a decision
months for the Supreme Court, and unless reduced by rendered beyond the period prescribed in the
the Supreme Court, 12 months for lower collegiate Constitution- 24 months for the Supreme Court, 12
courts and 3 months for all other lower courts. months for the lower collegiate courts and 3 months for
- Each Constitutional Commission shall decide any case other lower courts- null and void?
brought before it within sixty days from the THEdate
Supreme
of its Court gave negative answers (Marcelino
- v.
submission for resolution. Cruz)
- A judgment promulgated after the expiration of the said
period is not null and void, although the officer who

44
CHAPTER 9:PROSPECTIVE AND of this act” or employs such words as “shall have been
made” or “from and after” a designated date, the statute
RETROACTIVE STATUTES is prospective in operation only

A. IN GENERAL 9.05. RETROACTIVE STATUTES, GENERALLY

9.01. PROSPECTIVE AND RETROACTIVE STATUTES, TheDEFINED
constitution does not prohibit the enactment
- of
- A prospective statute is one which operates upon facts or statutes which do not impair the obligations
retroactive
transactions that occur after the stature takes effect, ofone
contract, deprive persons of property without due
that looks and applies to the future process of law, or divest rights that have become
- A retroactive law creates a new obligation, imposes a new
vested, or which are not in the nature of ex post facto
duty or attaches a new disability in respect to a laws
transaction already past; is one which takes away or Some statutes are by their nature retroactive:
-
impairs vested rights acquired under existing laws remedial/curative statutes, as well as statutes that
create new rights
9.01. LAWS OPERATE PROSPECTIVELY, IN GENERALS A retroactive statute violating the constitution - shall not
- Statutes are to be construes as having only prospective be applied
operation, unless the intension of the legislature to give
them retroactive effect is expressly declared or is B. STATUTES GIVEN PROSPECTIVE EFFECT
necessarily implied from the language used 9.06. PENAL STATUTES, GENERALLY
- Embodied in art. 4 of the civil code: laws shall have no
Gen. rule: Penal laws or those which define offenses
-
retroactive effect unless the contrary is provided, the and prescribe penalties for their violation operate
reason for this is that a rule is established to guide actions prospectively
with no binding effect until it is enacted. Art. 21 RPC: No felony shall be punishable by - any
- The principle of prospectivity applies to statutes,penalty not prescribed by law prior to its commission
administrative rulings and circulars and judicial decisions
9.03. PRESUMPTION AGAINST RETROACTIVITY 9.06 EX POST FACTO LAW
- The presumption is that all laws operate prospectively,
The constitution provides that no ex post facto - law shall
unless the contrary appears or is clearly, plainly and be enacted
unequivocally expressed or necessarily implied. Doubt An ex post facto law is any
- of the ff:
will be resolved against the retroactive effect 1. law which makes criminal an act done before the
- The presumption applies whether the staturespassageis in theof the law and which was innocent when done,
form of an original enactment, an amendment of a and punishes such act
repeal 2. a law which aggravates a crime, or makes greater than
- Presumption is stronger with reference to substantive it was, when committed
laws affecting pending actions 3. which changes the punishment and inflicts a greater
punishment than that annexed to the crime when
9.04. WORD OR PHRASES INDICATING PROSPECTIVITY committed
- Where by its terms a statute is to apply ‘hereafter” or
4. which alters the legal rules of evidence and authorize
“thereafter”, or is to take effect immediatelyconviction
or at a upon less or different testimony than the law
fixed future date, or where a statute contains, inrequired
the at the time of the commission of the offense
enacting clause, the phrase “from and after the passing

45
 5. which assumes to regulate civil rights and remedies 9.10. only STATUTES SUBSTANTIVE IN NATURE
but in effect imposes a penalty or deprivation ofa asubstantive
right law creates rights, defines or
- regulates
for something which when done was lawful rights concerning life, liberty or property or the powers
6. which deprives a person accused of a crime ofofsome agencies or instrumentalities for the administration of
lawful protection to which he has become entitled, such public affairs.
as protection of a former conviction or acquittal,Substantive
or a right is one which includes those
- rights
proclamation of amnesty which one enjoys under the legal system prior to the
- If the law sought to be applied retroactively take disturbance of normal relations
from an accused any right regarded at the timeApplied as vital to criminal law, substantive law is-that which
fro the protection of life and liberty then it is an ex post declares what acts are crimes and prescribes the
factolaw punishment for committing them.
- The prohibition on ex post facto law applies only Substantive law operates prospectively -
to criminal/ penal matter and does not apply toWhether civil a rule is procedural or substantive,- the test is
proceedings which regulate civil and politicalwhether rights the rule really regulates procedure. If it takes
away a vested right, it is not procedural. If it creates
9.06 BILL OF ATTAINDER right such as the right to appeal, it is substantive, but if
- A bill of attainder is a legislative act which inflicts
it operates as a means of implementing an existing right
punishment without judicial trial it is merely procedural
- The singling out of a definite minority, the imposition Procedural
of rules are retroactive and are applicable
- to
a burden on it, a legislative intent and the retroactive actions pending and undermined at the times of the
application to past conduct suffice to stigmatize a passage of the procedural law
statute as a bill of attainder
- If a statute is a bill of attainder, it is also an ex post 9.11. EFFECTS ON PENDING ACTIONS
facto law. But if it is an ex post facto law, the reasons Statute which affects substantive rights may
- not be
that establish that it is not, are persuasive that it is not given retroactive effect so as to govern pending
a bill of attainder proceedings in the absence of a clear legislative intent to
the contrary
9.09. WHEN PENAL LAWS ARE APPLIED RETROACTIVELY
- Art 22 RPC: Penal laws shall have a retroactive effect in 9.12. QUALIFICATION OF RULE
so far as they favor the person guilty who is A not
substantive
a law will be applicable to pending- actions if
habitual criminal (exception to the gen. rule)such is the clear intent of the law or if the statute by the
- Where there is already a final judgment, the remedy veryofnature of its purpose as a measure to promote
the accused is to file a petition for habeas corpus social justice or in the exercise of police power is
alleging that his continued imprisonment is illegal intended to apply to pending actions. This is however
pursuant to said statute subject to the limitation concerning constitutional
- The gen. rule that an amendatory statue rendering anrestrictions against impairment of vested rights
illegal act prior to its enactment no longer illegal is given
retroactive effect does not apply if the amendatory 9.13. STATUTES AFFECTING VESTED RIGHTS
statute expressly provides that it shall not apply Vested right may be said to mean some right- or interest
retroactively but only prospectively in property that has become fixed or established and is
no longer open to controversy. It must be absolute,

46
 complete, and unconditional, independent ofcontract,
a or unsettle matters that had been legally done
contingency and a mere expectancy of future benefit. under the old law
- A statute may not be construed and applied retroactively
if it impairs substantive right that has become vested, C. STATUTES
as GIVEN RETROACTIVE EFFECT
disturbing existing right embodied in a judgment or 9.17. PROCEDURAL LAWS
creating new obligations with respect to past Remedial statutes or statutes relating to remedies - or
transactions as by establishing a substantive right modesto of procedure, which do not create new or take
fundamental cause of action where none existed away before
vested rights, but only operated in furtherance of
and making such right retroactive, or by arbitrarily
the remedy or confirmation of rights already existing, do
recreating a new right or liability already extinguished
not come within the legal conception of the general rule
by operation of law against retroactive operation, furthermore, it applies to
all actions, whether they have already accrued of are
9.14. STATUTES AFFECTING OBLIGATIONS OF CONTRACT pending.
- Laws existing at the time of the execution of contracts
The fact that procedural statutes may somehow - affect
are the ones applicable to such transactions andthe notlitigants; rights may not preclude their retroactive
later statutes, unless the latter provide that they shallapplication to pending actions. The retroactive
have retroactive effect if to do so will impair the application of procedural laws is not violative of any
obligation of contracts, for the constitution prohibits righttheof a person who may feel that he is adversely
enactment of a law impairing such. affected, nor is it constitutionally objectionable, for as a
- If a contract is legal at its inception, it cannot begeneral rule, no vested right may attach to, nor arise
rendered illegal by a subsequent legislation from procedural laws.
A statute which transfers the jurisdiction to-try certain
9.15. ILLUSTRATION OF RULE cases from a court to a quasi-judicial tribunal is a
- People v. Zeta. Pursuant to the then existingremedial
law a statute that is applicable to claims that accrued
lawyer is authorized to charge not more then 5% before
of theits enactment but formulated and filed after it
amount involved as attorney’s fees in the prosecution
took effect,of for it does not create a new nor take away
a veteran’s claim. A lawyer entered into a contract vested with
rights. No litigant can acquire a vested tight to
a client with such stipulation. Before the claim was be heard by one particular court.
collected, a statute was enacted prohibiting the An administrative rule which is interpretative - of a pre-
collection of such fees for such services rendered. existing
The statute and not declarative of certain rights
court ruled that the statute prohibiting the collection
with obligation
of thereunder is given retroactive effect as
attorney’s fees cannot be applied retroactively so as to of the date of the effectivity of the statute.
adversely affect the contract for professional services
and the fees themselves. 9.18. EXCEPTIONS TO THE RULE
The rule does not apply where the statute
- itself
9.16. REPEALING AND AMENDATORY ACTS expressly or by necessary implication provides that
- Statutes which repeal earlier laws operate prospectively,pending actions are excepted from its operation or
unless the legislative intent to give them retroactive
where to apply it to pending actions would impair vested
effect clearly appears. However, although a repealing rights
statute is intended to be retroactive, it will notUnder
be so appropriate circumstances, courts may - deny the
construed if it will impair vested rights or obligations
retroactive of application or procedural laws in the event

47
 that to do so would not be feasible or wouldAwork statute of limitation prescribing a longer period- to file
injustice. Nor may they be applied it to do soanwouldaction than that specified under the ole law may not
involve intricate problems of due process or be impair the
so construed as having a retroactive effect, even if it
independence of courts. so provides, as to revive a cause that already prescribed
under the old law, for that will impair the vested right of
9.19. CURATIVE STATUTES the person against whom the cause is asserted.
- Curative statutes are intended to supply defects, A statue
abridge which shortens the period of prescription
- and
superfluities in existing laws and curb certain requires
evils. that cuses which accrued prior to its effectivity
They are intended to enable persons to carrybe into effect or filed not later than a specific date may
prosecuted
that which they have designed and intended, but not has be construed to apply to existing causes which,
faied of expected legal consequence by reasonpursuant
of someto the old law under which they accrued, will
statutory disability or irregularity in their own action.not prescribe until a much longer period than that
They make valid that which, before the enactment specified
of the in the later enactment because the right to
statute was invalid, as such they are given retroactive
bring an action is foundef on the law which has become
application. vested before the passage of the new statute of
limitation.
9.20. LIMITATIONS OF RULE
- A remedial or curative statute enacted as a police
9.23. APPARENTLY
power CONFLICTING DECISIONS ON
measure may be given retroactive effect even though PRESCRIPTIONS
they impair vested right or obligations of contract,
Billones if the
v. Court of Industrial Relations and- Corales v.
legislative intent is to give them retroactiveEmployee’s
operation Compensation Commission. The problem in
both cases is how to safeguard the right to bring the
9.21. POLICE POWER LEGISLATIONS action whose prescriptive period to institute it has been
- Any right acquired under a statute of under ashortened
contract is by law. To solve the problem the court in the
subject to the condition that it may be impaired byCoralesthe case construed the statute of limitation as
state in the legitimate exercise of its police power,
inapplicable
since to the action that accrued before the new
the reservation of the essential attributes of sovereign
law took effect; the court in Billones case gave the
power, one of which is police power is deemed claimants
read into whose rights have been affected, one year
every statute or contract as a postulate of legal
from order
the date the law took effect within which to sue on
their claims. The Corales case appears to be predicated
9.22. STATUTE RELATING TO PRESCRIPTION on firmer grounds.
- Such statutes are both prospective in the sense that it
applies to causes that accrued and will accrue after it
took effect and retroactive in the sense9.24.
that it
PRESCRIPTION
applies to IN CRIMINAL AND CIVIL CASES
cause that accrued before its passage. However, In a civil
it willsuit, the statute is enacted by the legislature
- as
not be given a retroactive operation to causesanofimpartial
action arbiter between two contending parties. In
that accrued prior to its enactment if to do willtheremove
construction
a of such stature, there is no intendment
bar of limitation which has become complete to or be
to made in favor of either party. Neither grants the
disturb existing claims without allowing a reasonable
right to the other, there is therefore no grantor against
time to bring actions thereon. whom no ordinary presumptions construction are to be
made

48
 - The rule is otherwise in statutes ofenforced
limitation without
concerning nullifying the pertinent provision of the
criminal cases. Here the state is the grantor,
latter in which event, prior act is deemed amended to the
surrendering by an act of grace its right to prosecute or extent of the repugnancy.
declare that the offense is no longer the subject of D. When amendment takes effect
prosecution after the prescriptive period.
After Such
15 days
statutesfollowing the publication in • the Official
are not only liberally construed but are applied Gazette or newspaper of general circulation
retroactively in favor of the accused E. How construed
A statute and its amendment should be read • together as a
9.25. STATUTES RELATING TO APPEALS whole meaning, it should be read as if the statue has been
- A statute relating to appeals is remedial or procedural originally enacted in its amended form.
and applies to pending action in whichPortions
no judgment
not amended
has will continue to be in• force with the
yet been promulgated at the time the statute took same meaning they have before amendment.
effect. It may not be given retroactive effect if it F. Meaning of law changed by amendment
impairs vested rights. General rule: an amended act would be given• a construction
- A stature shortening the period for taking appeals
different is tothat of the law prior to its amendment for it is
from
be given prospective effect and maypresumed
not be applied
that tolegislatures would not have amended the
pending proceeding in which judgment has already been statue if it did not intend to change its meaning.
rendered at the time of its enactment. G. Amendment operates prospectively
General rule: amendatory act operates prospectively• unless
Chapter 10: Amendment, Revision, the contrary is provided or the legislative intent to give it a
retroactive effect is necessarily implied from the language
Codification and Repeal
used and no vested rights is impaired.
However, amendments relating to procedures • should be
I. Amendment given retroactive effect.
A. Power to amend H. Effect of amendment in vested rights
• Legislature has the power to amend, Rule: subject after
to the statute is amended, the • original act
constitutional requirement, any existing law continues to be in force with regard to all rights that had
• Supreme court, in the exercise of its rule-making power
accrued priororto the amendment or to obligations that were
of its power to interpret the law, has no authority to amend contracted under the prior act.
or change the law I. Effect of amendment on jurisdiction
B. How amendment effected Rule: a subsequent statute amending a prior • act with the
• By addition, deletion, or alterationeffect of a ofstatute whichthe court of jurisdiction may not be
divesting
survives in its amended form. construed to operate to oust jurisdiction that has already
• By enacting amendatory act modifying or altering some attached under the prior law.
provisions of the statue either expressly or impliedly J. Effect of nullity of prior or amendatory act
Express amendment: done by providing amendatory An invalid or that
act unconstitutional law does• not in legal
specific sections or provisions of a statute are amended; contemplation exist.
indicated as : “ to read as follows. Where a statute amended in invalid, nothing• in effect has
C. Amendment by implication been amended. The amended act shall be considered the
• There is implied amendment where a part of a prior statute original or independent act.
embracing the same subject as the later act may not be

49
• When the amended act is declared unconstitutional, 3. theExpress: there is a declaration in a statute
original statute remains unaffected and in force. (repealing clause)
4. Implied: all other repeals
II. Revision and Codification R. Repeal by implication
K. Generally: restating the existing laws into one statute in Two well-settled
• categories:
order to simplify complicated provisions. 1. Where the provisions in the two acts on the same
L. Construction to harmonize different provisions subject matter are irreconcilable, the later act
• The different provisions of a revised statute or code should repeals the earlier one
be read and construed together. 2. Later act covers the whole subject of the earlier one
• Where there is irreconcilable conflict: that which is best in and is clearly intended as substitute.
accord with the general plan or, in the absence of S. Irreconcilable inconsistency
circumstances upon which to base a choice, Rule:thatrepugnancy
which is must be clear and convincing • or the later
later in physical position, being the latest law nullifies
expression the reason
of or purpose of the earlier to call for a
legislative will, will prevail. repeal. Mere difference in terms will not create repugnance.
M. What is omitted is deemed repealed Leges posteriors priores contraries :• A abrogant
later law
• When both intent and scope clearly evince repeals thean ideaearlierof alaw on the same subject which is
repeal, then all parts and provisions of the prior act that are repugnant thereto.
omitted from the revised act are deemed repealed. T. Implied repeal by revision or codification
N. Change in phraseology Rule: Where a statute is revised or a series • of legislative
• Rule: Neither an alteration in phraseology acts nor omission or
on the same subject are revised and consolidated into
addition of words in the later statute one, shallcovering
be held the entire field of subject matter, all parts and
necessarily to alter the construction of the former acts.
provisions of the former act or acts that are omitted from
O. Continuation of existing law the revised act are deemed repealed.
• Rule: the rearrangement of section or parts of a statute, or U. Repeal by reenactment
the placing of portions of what formerly was a single section
Where a statute is a reenactment of the whole • subject in
in separate section, does not operatesubstitution
to changeof the the previous laws on the matter, the latter
operation, effect and meaning of the statute, disappears unless
entirely and what is omitted in the reenacted law
changes are of such nature as to manifest the cleat intent to is deemed repealed.
change the former laws. V. Other forms of implied repeal
1. When two laws is expressed in the form of a
III. Repeals universal negative: a negative statute repeals all
P. Power to repeal conflicting provisions unless the contrary intention is
• Legislature has plenary power to repeal, Supreme court, disclosed.
while it has the power to promulgate rule of procedure, it
2. Where the legislature enacts something in general
cannot in the exercise of such power alter, change or termsrepealand afterwards passes another on the same
substantive laws. subject, although in affirmative language, introduces
Q. Repeal: total or partial, express or implied special condition or restrictions.
1. Total: rendered revoked completely W. Repealing clause
2. Partial: Leaves the unaffected portion ofAllthelaws
statue or part thereof, which are inconsistent • with this act,
in force are hereby repealed or modified accordingly.

50
• Nature of this clause: not an express repealRule:rather, General
it is a law cannot be construed to •have repealed a
clause which predicates the intended repeal upon the special law by mere implication.
condition that a substantial conflictRule: must Ifbe intention
found onto repeal the special law • is clear, the
existing and prior acts of the same subject matter
special law will be considered as an exception to the general
• Ex proprio vigore law will not apply. Special law is repealed by implication.
• Rule: the failure to add a specific repealing clause BB. Effects of repeals
particularly mentioning the statute to be repealed indicated 1. Statute is rendered inoperative
the intent was not to repeal any existing law on the 2. Does
matter not undo the consequences of the operation of
unless an irreconcilable inconsistency and repugnancy exist the statute while in force
in the terms of the new and old laws. 3. Does not render illegal what under the repealed act
X. Repeal by implication not favored is legal
• Rule: Repeals by implication not favored 4. Does not lake legal what under the former law is
• Presumption is against inconsistency and against implied illegal
repeals for it is presumed that legislatures know existing CC. On jurisdiction
laws on the subject and not to have enacted Jurisdiction
inconsistent toor try and decide actions is determined • by the
conflicting statutes. law in force at the time the action is filed.
Y. Leges posteriores priores contraries General rule: where the court– or tribunal
abrogant • has already
later statue repeals prior ones which acquiredare and is exercising jurisdiction over a controversy,
repugnant
thereto. As between two laws, onitsthe jurisdiction to proceed to final determination of the cause
same subject
is not affected
matter, which are irreconcilable inconsistent, that which by the new legislation repealing the statue
is passed later prevails. which originally conferred jurisdiction unless the repealing
Z. General law statute provides otherwise expressly or by necessary
• Rule: General law on a subject does not operate to repeal a implication.
prior special law on the same subject unless clearly appears DD. On jurisdiction to try criminal cases
that the legislature has intended the later Jurisdiction
general of acta court
to to try a criminal case• is determined
modify the earlier special law. by the law in force at the time the action is instituted.
• Generalia specialibus non derogant : a general law does not EE. On actions pending or otherwise
nullify a specific or special law. The general rule is that the repeal of a statue • defeats all
• Reason: the legislature should makeactions and proceedings
provisions for all including those which are still
circumstance of the particular case. pending.
FF. On vested rights
AA. When special or general law repe als the other
• Rule: Where a later special law on a particularRepeal subject
of a statute
is does not destroy or impair • rights that
repugnant to or inconsistent with a prior accrued
general law andon became
the vested under the statute before its
same subject, a partial repeal of the latter is implied to the repeal.
extent of the repugnancy or exception granted upon the GG. On contracts
When a contract is entered into by the parties • on the basis
general law.
• Legislative intent to repeal must be shown of in the
the law when obtaining, the repeal or amendment of said
act itself,
law does
the explanatory not to the bill before its passage into anot affect the terms of the contract not impair the
law,
the discussion on the floor of the legislature and the history right of the parties thereunder.
of the two legislations. HH. Effect of repeal of tax law

51
• Repeals does not preclude the collection of taxes It assessed
is an instrument of a permanent nature, intended not
under the old law before its repeals unless merelythe to meet existing conditions, but to govern the future. It
repealing
statute provides otherwise does not deal in details but enumerates general principles and
II. Repeal and enactment general directions which are intended to apply to all new facts
• Simultaneous repeal and reenactment of awhich statuemay does come
not into being and which may be brought within
affect the rights and liabilities which have accrued
those general
underprinciples
the or direction (Lopez V. De los Reyes).
A supreme
original statute since the reenactment neutralizes the repeal law to which all other laws must conform and
in accordance with which all private rights must be determined
and continues the law in force without interruption.
JJ. Effect of repeal of penal laws and all public authority administered (Manila Prince Hotel v.
• Repeal without qualification of penal law deprived the court GSIS).
of the jurisdiction to punish persons charged with a violation
of the old law prior to its repeal. PRIMARY PURPOSE OF CONSTITUTIONAL CONSTRUCTION
• Where repeal is absolute, crime no longer exists. The primary task of constitutional construction is to
• Exception: ascertain the intent or purpose of the framers of the
1. The repealing act reenacts the statute andconstitution
penalizes as expressed in the language of the fundamental
the same act previously penalizedlaw, [embodied
under in thethe provisions themselves], and thereafter to
repealed law, the act committed assurebefore
its realization
the (J.M. Tuason & Co., Inc. v. Land Tenure
reenactment continues to be a crime. Administration).
2. Where the repealing act contains a savingTheclause purpose of the Phil. Constitution is to protect and
providing that pending actions shall enhance
not be the people’s interest, as a nation collectively and as
affected,
person individually.
the latter will continue to be prosecuted in The interpretation of the Constitution
accordance with the old law. should be done with a view to realizing this fundamental
IV. Distinction as to effect of repeal and expiration of law objective.
• In absolute repeal, the crime is obliterated
• In expiration of penal law by its own CONSTITUTION
force does not have CONSTRUED AS ENDURING FOR AGES
that effect It is something solid, permanent and substantial. Its
KK. Effect of repeal of municipal charter stability protects the rights, liberty and property of the rich and
• Superceding of the old charter by a new one has the effect poor alike (U.S. v. Ang Teng Ho).
of abolishing the offices under the old charter. 1. A constitution should be construed in the light of what
LL. Repeal or nullity of repealing law actually is, a continuing instrument to govern not only
• Law first repealed shall not be revived unless expressly the present but also the unfolding events of the
provided indefinite future.
2. A constitution
• Where a repealing statute is declared unconstitutional, it will must be construed as a dynamic process
have no effect of repealing the former statute. intended to stand for a great length of time, to be
progressive and not static.
CHAPTER 11 :CONSTITUTIONAL 3. Its construction ought not to change with emergencies
or conditions
CONSTRUCTION 4. Nor should it be construed to inflexibly identify its text
with the circumstances that inspired for its adoption, for
CONSTITUTION DEFINED that would make it incapable of responding to the need
of the future.

52
 5. Word employed therein are not to be construed to yield 3. changes in phraseology
fixed and rigid answers but as impressed with the 4. prior laws and judicial decisions
necessary attributes of flexibility and accommodation to 5. contemporaneous constructions
enable them to meet adequately whatever problems the 6. consequences of alternative interpretations
future has in store.
6. Courts should always endeavorREALITIES
to give such EXISTING AT TIME OF ADOPTION; OBJECT TO BE
interpretation that would make the constitutional ACCOMPLISHED
provision consistent with reason, justice andHistorythe public
many a time holds the key that unlocks the door
interest. to understanding. For this reason, courts look to the history of
times, examine the state of things existing when the
HOW LANGUAGE OF CONSTITUTION CONSTRUED constitution was framed and adopted, and interpret it in the
The primary source from which to ascertainlight of these factors (Commissioner of Internal Venue v.
constitutional intent or purpose is the language of the Guerrero).
constitution itself. It is an intrinsic aid. The existing realities that confronted the framers of the
It is a well-established rule that the language
constitution
of the
can help unravel the intent behind a constitutional
constitution should be understood in the sense it has in provision.
common use and that the worlds in the constitutional provisionsThe court in construing the constitution should bear in
are to be given their ordinary meaning except mind wherethe technical
object sought to be accomplished by its adoption, and
terms are employed, because the fundamental law is not the evils, if any, sought to be prevented or remedied.
primarily a lawyer’s document but essentially that ofAthe doubtful provision will be examined in the light of the
people, in whose consciousness it should ever be present historyasofanthe times, and the conditions and circumstances
important condition for the rule of law to prevail. Where under the
which the constitution was framed. The object is to
constitution does not specifically define the terms usedascertain
therein, the reason which induced the framers of the
they should be construed in their general and ordinaryconstitution
sense.to enact the particular provision and the purpose
Where words used in a constitution have sought both restrictive
to be accomplished thereof, in order to construe the
and general meanings, the rule is that the general prevailswholeoveras to make the words consonant to that reason and
the restricted unless the context in which they are employed calculated to effect that purpose.
clearly indicates that the limited sense is intended.
A word or phrase in one part of the constitution is to PROCEEDINGS OF THE CONSTITUTION
receive the same interpretation when used in every other If thepart,
language of the constitutional provision is plain, it
unless it clearly appears from the context or otherwise
is neitherthat
necessary
a nor permissible to resort to extrinsic aids.
different meaning should be applied. However, where the intent of the framers does not decisively
Words which have acquired a technical meaning appear inbefore
the text of the provision as it admits of more than
they are used in the constitution must be takenone in that
construction,
sense reliance may be made on extrinsic aids, such
when such words as thus used are construed. as the records of the deliberations or discussions in the
convention (People v. Muñoz).
AIDS TO CONSTRUCTION, GENERALLY But while a member’s opinion expressed on the floor of
Extraneous Aids: the constitutional convention is valuable, it is not necessarily
1. history or realities existing at the time of
expressive
the adoption
of the
ofpeople’s intent. The constitutional wisdom is
the constitution that the constitution does not derive its force from the
2. proceedings of the convention convention which framed it, but from the people who ratified it,

53
the intent to be arrived at is that of the people, it depends A constitution shall be held to be prepared and adopted
more on how it was understood by the peopleinadopting
referenceit to than
existing statutory laws, the provision of which in
the framers’ understanding thereof. detail it must depend to be set in a practical operation. Its
It is, however, not decisive for the proceedings framers
of theare presumed to be aware of prevailing judicial
convention are less conclusive of the proper construction doctrinesof the
or rulings concerning which are the subjects of
fundamental law than are legislative proceedings ofconstitutional
the proper provisions. Courts may properly take such
construction of a statute, since in the latter case,rulings
it is theinto
intent
account in construing the constitutional provision
of the legislature that courts seek, while in the former,
involved.the Thus, if the framers of the constitution adopted a
courts seek to arrive at the intent of the people throughprinciple
the different from what the courts had previously
representatives. enunciated, they did so to overrule said principle.
The ascertainment of the intent is but in keeping with
the fundamental principle of constitutional construction that the CHANGES IN PHRASEOLOGY
intent of the framers of the organic law and of the peopleChanges in phraseology in the new constitution may
adopting should be given effect. The primary task indicate
in an intent to modify or change the meaning of the old
constitutional construction is to ascertain and thereafter provision
assure from which it was based, and it should thus be
the realization of the purpose of the framers and of the people construed to reflect such intent (Aratuc v. Comelec).
in the adopting of the constitution (Nitafan v. Commissioner Mereofdeletion of a phrase from a proposed provision
Internal Revenue). before its final adoption is not determinative of any conclusion.
It could have been done because the framers considered it
CONTEMPORANEOUS CONSTRUCTION AND WRITINGS superfluous. Deletions in the preliminary drafts of the
Contemporaneous or practical constructions conventionof specific
are, at best, negative guides which cannot prevail
constitutional provisions by the legislative andoverexecutive
the positive provisions of the finally adopted constitution.
departments, especially if long continued, may be resorted to
resolve, but not to create ambiguities. CONSEQUENCES OF ALTERNATIVE CONSTRUCTIONS
Though not conclusive, contemporaneous or practicalWhere a constitutional provision is susceptible of more
constructions are generally conceded as being entitled
than onetointerpretation,
great that construction which would lead to
weight. absurd, impossible or mischievous consequences must be
The practical construction of a constitution is of little rejected.
weight unless it has been uniform. As a general rule, it is only
in cases of substantial doubt and ambiguity that the doctrineCONSTITUTION
of CONSTRUED AS A WHOLE
contemporaneous construction has any application. It is a well-established rule that no one provision of the
Contemporaneous construction is not necessarily constitution
bindingis to be separated from all the others, to be
upon courts, if in its judgment, such construction is considered
erroneousalone, but that all the provisions bearing upon a
and its further application is not made imperative byparticular
any subject are to be brought into view and to be so
paramount consideration of public policy, it may be rejected interpreted as to effectuate the great purposes of the
(Tañada v. Cuenco) instrument.
Writing of delegates to the convention on or One explaining
section is not to be allowed to defeat another, if by
the provisions of the constitution, published shortlyany thereafter
reasonable construction; the two can be made to stand
have some persuasive force. together. The courts must harmonize them, if practicable, and
must lean in favor of a construction which will render every
PREVIOUS LAWS AND JUDICIAL RULINGS

54
word operative, rather then one which may make the words
idle and nugatory.

MANDATORY OR DIRECTORY
The established rule is that constitutional provisions are
to be construed as mandatory, unless by express provision or
by necessary implication, a different intention is manifested.
The difference between a mandatory and directory provision is
often determined on grounds of expediency, the reason being
that less injury results to the general public by disregarding
than by enforcing the letter of the fundamental law.
Failure to discharge a mandatory duty, whatever it may
be, would not automatically result in the forfeiture of an office,
in the absence of a statute to that effect.

PROSPECTIVE OR RETROACTIVE
A constitution should operate prospectively only, unless
the words employed show a clear intention that it should have
a retroactive effect.

APPLICABILITY OF RULES OF STATUTORY CONSTRUCTION

GENERALLY, CONSTIRUTIONAL PROVISIONS ARE SELF-

EXECUTING
The general rule is that constitutional provisions are
self-executing except when the provisions themselves expressly
require legislations to implement them or when from their
language or tenure, they are merely declarations of policies and
principles.
A self-executing provision is one which is complete by
itself and becomes operative without the aid of supplementary
or enabling legislation, or which supplies sufficient rule by
means of which the right it grants may be enjoyed or
protected.
Omission from a constitution of any express provision
for a remedy for enforcing a right or liability is not necessarily
an indication that it was not intended to be self-executing.

55