Statutory Construction

Wednesday, 28 August 2019 2:33 PM

is a rule of conduct formulated and made obligatory by a legitimate power of

the state.

is an act of legislature as an organized body, expressed in the form, and

passed according to the procedure, required to constitute it as part of the law of the
land.

1. General Law - affects the entire community; all persons must adhere to it.

2. Special Law - confined to a prescribed field of action; designed for a specific

purpose

3. Local Law - operates over a particular locality

4. Public Law - between the state and the people

5. Private Law - focuses on the relationship between individuals, associations and

corporations

6. Remedial Statute - provides for the rules and regulations on matters of

procedure or due process

7. Curative Statute - corrects irregularities and ambiguities in the law

8. Penal Statute - focuses on criminal offences and provides for their corresponding
penalties

9. Prospective Law - applicable to cases only after its enactment

10. Retroactive Cases - applicable to cases that happened even before its enactment

11. Affirmative Statute - declares what shall be done

12. Mandatory Statue -prescribes a required course of action

STATUTORY CONSTRUCTION
- The act of discovering and expounding the meaning and intention of the authors
of the law/statute with respect to its application to a given case.

1. Apply the law ONLY when the law speaks in clear and categorical definition

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 1. Apply the law ONLY when the law speaks in clear and categorical definition
language

Verba Legis - the presumption that the words employed by the

legislature in a statute correctly express its intention or will, precluding
any construction

2. Interpret the law when there is ambiguity; ascertain legislative intent

Ratio Legis Est Anima -The reason of the law is its soul

3. Construct the law when the intent of the legislative be ascertained.

The Judiciary interprets the law

SUPREME COURT -> highest interpreter

1. Original Legislative Power - Sovereign Filipino people

2. Derivative Legislative Power - Congress, senators, partylists

No one is above the constitution

-It is vested in one supreme court and other lower courts established by law

Judges apply the law without fear and favor

*Follow the law until it becomes unconstitutional*

HEIRARCHY OF LAWS
1. The Constitution
2. Statutes
3. Administrative Order/Executive Order/Rules/Policies
4. Quasi-judicial Agencies

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 >> Senate and the House of Representatives <<

HOW A BILL IS ENACTED

 Parallel bill --> Enrolled bill

Note:
If the bil is necessary, it would skip the 3 readings through a certification of the
president

1. District
2. Partylist ((2% of the total casts votes for the partylist system))

PARTS OF A STATUTE
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1. TITLE
- Must embrace only one (1) subject, otherwise it is unconstitutional
- "An Act…."

DUAL LIMITATIONS UPON THE LEGISLATURE

1. Refrain from conglomeration, under one statute, of heterogeneous
subjects
2. Couched in a language sufficient to notify legislators and the public and
those concerned

PURPOSE OF TITLE REQUIREMENT

- Informs the legislators of the object, nature, and scope of the provisions of
the bill
- Prevent the enactment into law of matters which have not received the
notice, action, and study of legislators

2. PREAMBLE
- Explains the reasons for the enactment and the objective
- Starts with "Whereas"
- Helpful in the interpretation of any ambiguities within the statute

3. ENACTING CLAUSE
- Declares the enactment of a statute
- "Be it enacted by the senate and House of Representative in Congress
assembled"

4. BODY
- Tells what the law is about
- Contains substantive and procedural provisions
- Provisions and exceptions

*Contains*
• Short title
• Policy section
• Definition section
• Administrative section
• Sections prescribing standard of conduct
• Section imposing sanctions for violation of its provisions
• Transitory provision
• Separability clause
• Repealing clause
• Effectivity clause

5. SEPARABILITY CLAUSE
- If any provision of the act is declared invalid, the remainder shall remain
unaffected
- Courts can invalidate the whole statute where what is left after the void
part is not complete and workable.

6. Saving Clause
- A restriction in a repealing act
- Intended to save rights, pending proceedings, penalties, etc. from the

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 - Intended to save rights, pending proceedings, penalties, etc. from the
annihilation which would result from an unrestricted repeal

7. REPEALING CLAUSE
- Announces the prior statutes or specifies provisions which have been
abrogated by reason of the enactment of the new law

8. EFFECTIVITY CLAUSE
- Announces the effective date of the law

CLASSIFICATION OF LAW
1. Natural Law - binding to all the world
e.g. Law of gravity
2. Positive Law
- Physical Law
- Moral Law
e.g. "Do good avoid evil"
- Divine Law
e.g. 10 commandments

28/08/2019 11:46 PM - Screen Clipping

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