Chapter 1

Judicial Power in Supreme Court

● Art. VIII Sec. 1 - duty of courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been
grave abuse of discretion amounting to lack or excess of jurisdiction on any branch or
instrumentality of government
● Right to determine actual controversies arising between adverse litigants, duly instituted in
courts of proper jurisdiction

Statutory Construction
● In Caltex Phil Inc. v Palomar, it is defined as “the art or process of discovering or
expanding the meaning and intention of the authors of the law with respect to the
application to a given case, where that intention is rendered doubtful by reason that the
given case is not explicitly provided for in the law.”
● Also defined as “the act or result of construing, interpreting or explaining the meaning
or effect of a statute or contract”
● Legal Hermeneutics - systematic body of rules which are recognized as applicable to the
construction and interpretation of legal writings

Characteristics of Statutory Construction

1. It is an Art or Process
2. Involves the Determination of Legislative Intent
3. It is Necessary when the Legislative Intent Cannot be readily ascertained from the
words used in the law as applied under a set of facts
4. It is a Judicial Function

1. It is an Art or Process
○ NOTE:
i. Principles of statutory construction should not be used if its application will run
counter to the clear legislative intent which can be determined from the other
parts of the law
○ Very nature of construction is to determine the intention of legislature which lends
itself to subjectivity and uncertainty.
○ Doctrine of Last Antecedent
i. Rule of statutory construction where qualifying words or phrases normally refer
to the last antecedent word or phrase, unless the context otherwise provides
ii. In Tañada v Tuvera, this doctrine was not adopted. The Supreme Court held
that the phrase in Civil Code Article 2 “unless it is otherwise provided” does not
qualify its immediate antecedent, which is the requirement of publication, but
rather the period of publication which is stated at the beginning of the
provision.
○ Philippine American Drug Co. v. Commissioner of Internal Revenue
 i. Issue: whether or not the premium on the dollar charged by the bank of the
petitioner-importer for the purchase of foreign exchange should be included in
the computation of the advance sales tax for landed cost of the goods
imported by the petitioner.
ii. Court:
1. Intention of Section 183(b) of the Tax Code is to include all charges or
all items of expense in determining the advance sales tax.
2. Doctrine of ejusdem generis (of the same kind) - a rule of construction
adopted as an aid to ascertain and give effect to legislative intent but
that the same should not be given such wide application that would
operate to defeat the purpose of the law.
a. Attempt to reconcile an incompatibility between specific and
general words in a statute and other legal instruments can be
given legal effect
○ Canons of Construction
i. Should be applied only as a means of discovering legislative intent which
is not otherwise manifest and should not be permitted to defeat the plainly
indicated purpose of the legislature.
○ RULE:
i. Construction is not necessary when the law is clear
2. Involves the Determination of Legislative Intent
○ Objective:
i. To ascertain and give effect to the intention of the legislature.
ii. To determine legislative intent is the primary consideration
○ Senarillos v. Hermosisima
i. Judicial interpretation of statutes constitutes part of the law as of the date the
law was passed
ii. Construction merely establishes the legislative intent that the interpreted law
carried into effect.
iii. When the courts construe a law, they are merely affirming what was
originally intended by the legislature enacting the same.
○ Torres v. Limjap
i. Legislative intent is the vital part and essence of Law
ii. Intent of Statute is the Law
iii. Primary rule of construction is to ascertain and give effect to that intent.
iv. Courts will not follow the letter of a statute when it leads away from the true
intent and purpose of the legislature and to conclusions inconsistent with the
general purpose of the act.
v. Intent is the spirit (ratio legis) which gives life to a legislative enactment
○ Araneta v. Dinglasan
i. Rule must be tested according to its results
 ii. Intention of the law in question must be sought for in its nature, the object
to be accomplished, the purpose to be subserved and its relation to the
Constitution
iii. Issue: whether the executive orders issued by the President pursuant to
emergency powers act have ceased to have any effect, notwithstanding the
fact that the text of the act does not have an expiration date as to its effectivity.
iv. Court:
1. Since Art. VI of the Constitution already provides that the law that may
be passed by Congress authorizing the President to carry out a
declared national policy in times of war or national emergency shall be
“for a limited period,” there is no need for a separate repealing law,
since by its nature, a law intended to address an emergency must be
temporary in nature and that it was approved with this limitation in view.
The limit is the existence of emergency itself
3. It is Necessary when the Legislative Intent Cannot be readily ascertained from the
words used in the law as applied under a set of facts
○ Supreme Court said:
i. CARDINAL RULE IN STATUTORY CONSTRUCTION:
1. Where the law is clear and free from any doubt or ambiguity, there
is no room for construction or interpretation but only for its
application.
○ Verba Legis or plain-meaning rule
i. If the statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation
ii. Maxims:
1. index animi sermo - speech is the index of intention
2. Verba legis non est recedendum - from the words of a statute there
should be no departure
○ People v Mapa
i. First and fundamental duty of the court is to apply the law.
ii. Construction and interpretation come only after it has been demonstrated
that application is impossible or inadequate without them.
○ Ambiguous or vague
i. It is when the law is capable of being understood by reasonably well-informed
persons in two or more senses.
ii. When the law lacks comprehensible standards that men of common
intelligence must necessarily guess at the meaning of the law and differ
to its application
○ In re Allen
i. SC said:
1. If a literal interpretation of any part of a law will operate unjustly or
lead to absurd results, or if such literal interpretation is contrary to
 the evident meaning of the law as a whole, such literal
interpretation should be rejected.

○ The Supreme Court developed Tests to determine if a statute is ambiguous:

i. Tests of Multiple Interpretations
1. Statute has two or more reasonable interpretations
2. Men of common intelligence must necessarily guess at its meaning
and differ as to its application
ii. Test of Impossibility
1. Literal application is impossible or inadequate
iii. Test of Absurdity or Unreasonableness
1. Literal interpretation of the statute leads to an unjust, absurd,
unreasonable or mischievous result or one at variance with the
policy of legislation as a whole
4. It is a Judicial Function
○ Endencia v. David
i. Defining and interpreting the law is a judicial function and the legislative
branch may not limit or restrict the power granted to the courts by the
Constitution
ii. It is the duty of the courts to maintain the Constitution as the
fundamental law of the state is imperative and unceasing;
iii. CJ Marshall said:
1. Whenever a statute is in violation of the fundamental law, the
courts must so adjudge and thereby give effect to the Constitution
iv. The act of interpreting the Constitution or any part thereof by the
Legislature is an invasion of the well-defined and established province
and jurisdiction of the Judiciary.
v. The rule is recognized elsewhere that the legislature cannot pass any
declaratory act or act declaratory of what the law was before its passage,
so as to give it any binding weight with the courts.
vi. A legislative definition of a word used as used in a statute is not conclusive
of its meaning as used elsewhere; otherwise, the legislature would be
usurping a judicial function in defining a term
vii. The legislature cannot, upon passing a law which violates a constitutional
provision, validate it so as to prevent an attack thereon in the courts, by a
declaration that it shall be construed as not to violate the constitutional
inhibition.
○ Exceptions:
i. Congress can enact curative legislation as long as it doesn’t conflict with any
provision of the Constitution.
ii. Contemporaneous Construction of laws by agencies tasked with the
implementation
 1. SC said:
a. Contemporaneous construction of a statute by executive
officers of government, whose duty is to execute it, is entitled
to great respect
2. Laxamana v Baltazar
a. Issue:
i. Reconciliation of Sec. 2195 of Revised Administrative
Code and Sec. 21(a) of Revised Election Code
b. Facts:
i. Mayor of Sexmoan, Pampanga was suspended
ii. Vice Mayor assumed office pursuant to Sec. 2195 of
Revised Administrative Code
iii. Provincial Gov of Pampanga, with the consent of the
provincial board, invoked Sec. 21(a) of Revised Election
Code and appointed Laxamana as mayor.
c. Ratio:
i. The SC noted that Secretary of DILG, charged with
supervision of provincial and municipal governments,
have consistently held that in case of suspension or
disability of the mayor, the vice mayor shall, by operation
of law, assume office, and if the vice mayor is unavailable,
the office shall be discharged by the first councilor.
ii. Where a statute has received a contemporaneous and
practical interpretation is accorded greater weight
that it ordinarily receives, and is regarded as
presumptively the correct interpretation of the law.
3. Administrative decisions interpreting statutes do not enjoy the same
level of recognition as decisions of the SC which form part of the legal
system under Art. 8 of the Civil Code.

Purpose of Statutory Construction

The purpose of all rules or maxims as to the construction or interpretation of statutes is to
discover the true intention of the law.
● Principle of effectiveness
○ A statute must be read in such a way as to give effect to the purpose projected in the
statute.

Theories of Interpretation
1. Textualist Theory or Originalism
2. Intentionalism or Originalism
3. Purposivism or Legal process Theory

● Textualist Theory
 ○ Words used in the statute takes precedence over any other modes of construction
○ Verba Legis control its interpretation
○ Focuses on the text of legal provision
○ Main objective: to find the “public meaning” of the statute or the meaning of legal
text as ordinary people understand it.
○ Strength:
■ Simplicity
○ Weakness:
■ Words often do not mean the same to everyone.
■ Language evolves so as the meaning of words
● Intentionalism
○ Focuses on legislative intent
○ Original intent of the framers of the law that should have primacy in the determination
of its meaning
○ Strength:
■ Consistency with the objective of construction
○ Weakness:
■ SC recognized that legislative deliberations may not be a reliable source of
interpretation as it only serves as evidence of the intention of but a few
members of Congress who actively participated in the deliberation of a law,
and whose views may not be necessarily shared by the other members of
congress.
■ Simplistic application of this theory fails to reconcile between general intention
and specific intention of legislature in writing a specific section or provision of
the statute.
● Purposivism or Legal Process Theory
○ Focuses on determining the problem that the legislature is seeking to address.
○ Interpretation is made with a view to the public police that the statute seeks to
advance
Related Legal Principles
1. Separation of Powers
2. Hierarchy of Laws
3. Stare Decisis

● Separation of Powers
○ Relationship of three great branches of government, Executive, Legislative, Judiciary,
is governed by certain constitutional principles including separation of powers
and checks and balances.
○ It is a fundamental principle in our system of government
○ Obtained by actual division in the Constitution
○ Each department of government has exclusive cognizance of matters within its
jurisdiction
 ○ Not absolute separation of powers since the Constitution has provided for an
elaborate system of checks and balances to secure coordination in the workings of
various departments of governments
○ In cases of conflict, judicial department is the only constitutional organ which can
be called upon to determine the proper allocation of powers between several
departments and among the integral or constituent units thereof
■ Moderating power is granted, if not expressly, by clear implication from Section
2 of Art.VIII of the Constitution
■ When the judiciary mediates to allocate constitutional boundaries, it does not
assert any superiority over other departments; but only asserts the
solemn and sacred obligation to determine conflicting claims of
authority under the Constitution and to establish for the parties in actual
controversy the rights which that instrument secures and guarantees
them.
■ Judicial supremacy is the power of judicial review under the Constitution.
■ Limited only to
● Actual cases and controversies after full opportunity of argument by the
parties
● The constitutional question raised or the lis mota (legal motivation or
litigation moved) presented
■ The courts accord the presumption of constitutionality to legislative
enactments, not only because the legislature is presumed to abide by the
constitution but also because the judiciary in the determination of actual cases
and controversies must reflect the wisdom and justice of the people as
expressed through their representatives in the executive and legislative
departments of government.
○ It imposes a limitation to judicial power
■ Power of courts is limited to interpretation of the laws enacted by the
legislature and not to legislate
■ To depart from the meaning expressed by the words is to alter the statute, is to
legislate not to interpret
○ Courts are not concerned with the wisdom or morality of laws but only in the
interpretation and application of law. (Director of Prisons v. Ang Chio Kio)
○ Primordial duty of the court is merely to apply the law in such a way that it shall not
usurp legislative powers by judicial legislation
● Hierarchy of laws
○ Constitution is supreme over all laws, and as such, acts of congress, executive
agencies exercising quasi-legislative functions and local legislative bodies must be
consistent with the constitution
● Stare Decisis
○ Settled matter; decisions of the SC
 ○ Embodies the legal maxim that a principle or rule of law which has been
established by the decision of a court of controlling jurisdiction will be
followed in other cases involving a similar situation.
○ It is grounded on the necessity for securing certainty and stability in judicial decisions.
○ Maxim:
■ Stare decisis et non quieta non movere - follow past precedents and do not
disturb what has been settled
○ Art. 8 of Civil code states “judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines”
○ Legis interpretatio legis vim obtinet - the interpretation placed upon the written law
by a competent court has the force of the law
○ The SC has the last word on what the law is, as it is the final arbiter of any justiciable
controversy.
○ When can Stare Decisis be abandoned?
■ Abandonment can only be based on: strong and compelling reasons
■ No doctrine or principle of law laid down by the Court in a decision rendered
en banc or in a division may be modified or reversed except by the Court’s
sitting en banc.
● En banc - a session where the entire members of the court will
participate in the decision rather than a regular quorum.
○ Sec. 2 Rule 2 of Internal Rules of Supreme Court states:
“Quorum of the Court en banc - eight members shall
constitute a quorum of the Court”
○ Sec. 1 Rule 12 (voting requirements) states “All decisions and
actions in Court en banc case shall be made upon the
concurrence of the majority of members of the Court who
actually took part in the deliberations on the issues”
○ Requisites of applying stare decisis:
■ Factual circumstances of the precedent and the case to which it is applied
must be substantially the same.
■ Principle of law laid down by the Supreme Court in the precedent case must
pertain to the main issue of the case and not merely obiter dictum.
● Dictum -opinion of a judge which does not embody the resolution or
determination of the court and made without argument.
■

Chapter 2
SUBJECT MATTER OF CONSTRUCTION

A. Subject of Construction; Types of Law

1. Constitution
2. Statutes
 3. Presidential Issuances
4. Implementing Rules and Regulations
5. Ordinances
B. Parts of a Statute
1. Title
2. Preamble
3. Enacting Clause
4. Body
5. Headnotes and Epigraphs
6. Repealing Clause
7. Separability Clause
8. Effectivity Clause

A. Subject of Construction; Types of Law

1. Constitution
● Defined as “that branch of public law of a state which treats of the organization
and frame of government, the organs and powers of sovereignty, the distribution of
political and governmental authorities and functions, the fundamental principles which
are to regulate the relations of government and subject, and which prescribes
generally the plan and method according to which the public affairs of the state are to
be administered”.
● In People v. Perfecto and Macariola v. Asunscion, political law is “branch of
public law which deals with the organization and operation of governmental organs of
the State and define the relations of the State with the inhabitants of its territory”.
● The Philippine Constitution is the supreme law of the land and the Supreme
Court described it as “the basic and paramount law to which all other laws must
conform and to which all persons, including the highest officials of the land,
must defer.”
● Any act of the government or of a public official or employee contrary to the
Constitution is illegal, null and void.

2. Statutes
● Legislative power is the power to make, alter and repeal laws.
○ vested in the Congress of the Philippines which shall consist of a Senate and a
House of Representatives.
● Legislative process in the Philippines:
○ A law is proposed through the introduction of a bill by a Member of Congress
○ While a bill may be initiated either in Senate or House of Rep, Art VI sec 24
states that the following bills shall originate exclusively from House of Rep
(Senate may propose or concur with amendments):
■ All appropriation bills
■ Revenue or Tariff bills
■ Bills authorizing increase of public debt
 ■ Bills of local application
■ Private bills
○ A bill must go through three readings in both houses of Congress; printed
copies in its final form have been distributed to its members 3 days before its
passage except
○ In case the version of the bill passed in the Senate is compatible with the
version passed by the House of Representatives, the final version of the Bill
shall be printed
■ In case of differences, the Senate and House of Representatives shall
call a bicameral conference committee to reconcile conflicting
provisions of both versions, who will submit a report for approval of both
chambers of Congress.
■ All the changes or modifications made by the Bicameral Conference
Committee were germane to subjects of the provisions referred to it for
reconciliation.
■ The Court reiterates here that the ‘no-amendment rule’ refers only to
the procedure to be followed by each house of Congress with regard to
bills initiated in each of said respective houses, before said bill is
transmitted to the other house for its concurrence or amendment.
○ After the bill is passed by both chambers without any conflict, the final enrolled
form is submitted to the President for signature.
■ The President may:
● Sign the bill into law,
● Not sign the bill and allow it to lapse into law after 30 days, or
● Veto the bill and send it back to Congress with the veto message
■ If, after such reconsideration, 2/3 of all the Members of such House
shall agree to pass the bill, it shall be sent, together with the objections,
to the other House by which it shall likewise be reconsidered, and if
approved by 2/3 of all the Members of that House, it shall become a
law.
■ The President shall communicate his veto of any bill to the House
where it originated within 30 days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.
■ The President shall have the power to veto any particular item or items
in an appropriation, revenue or tariff bill, but the veto shall not affect the
item or items to which he does not object.
○ The law shall take effect within 15 days after its publication in a newspaper of
general circulation, unless a different period for effectivity after publication is
provided in the law.

3. Presidential Issuances
● Executive power is vested in the President of the Philippines.
 ● Executive power includes the President’s ordinance powers, which is inherent to the
President’s power to ensure that laws are faithfully executed.
● Under the President’s ordinance powers, the President can enact the following:
○ Executive Orders – providing for rules of a general or permanent character in
the implementation or execution of constitutional or statutory powers.
○ Administrative Orders – relate to a particular aspect of governmental
operations in pursuance of his duties as administrative head
○ Proclamations – fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the operation of a specific law
or regulation is made to depend.
○ Memorandum Orders – on matters of administrative detail or of subordinate
or temporary interest which only concern a particular officer or office of the
government
○ Memorandum Circulars – on matters relating to internal administration, which
the President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the government, for information
or compliance.
○ General or Special Orders – acts or commands of the President in his
capacity as Commander-in-Chief of the Armed Forces of the Philippines.

4. Implementing Rules and Regulations – issued by executive agencies tasked with the
implementation of laws passed by Congress.

● Such IRR are enacted by administrative agencies in the exercise of their

quasi-legislative or rule-making powers, which is “the power to make rules and
regulations which results in delegated legislation that is within the confines of the
granting statute and the doctrine of non-delegability and separability of powers.”
(Smart Comm v. NTC)
● The power to promulgate rules in the implementation of a statute is necessarily
limited to what is provided for in the legislative enactment. Its terms must be
followed for an administrative agency cannot amend an Act of Congress. “The
rule-making power must be confined to details for regulating the mode or proceedings
to carry into effect the law as it has been enacted, and it cannot be extended to
amend or expand the statutory requirements or to embrace matters not covered by
the statute.

Tests in order to determine the validity of the delegation of legislative power:

A) Completeness Test – law must be complete in all its terms and
conditions when it leaves the legislature such that when it reaches the delegate the
only thing to be done is to enforce it; and
 B) Sufficient Standard Test – there should be adequate guidelines or standards
or limitations in the law “to map out the boundaries of the delegate’s authority
and prevent the delegate from running riot.

5. Ordinances
● General Welfare Clause of Local Government Code:
○ Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate,
or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare.
● In Magtajas v. Pryce Properties Corporation, Inc., SC laid down the Substantive
requirements for the validity of an ordinance:
○ (a) It must not contravene the Constitution or any statute;
○ (b) It must not be unfair or oppressive;
○ (c) It must not be partial or discriminatory;
○ (d) It must not prohibit but may regulate trade;
○ (e) It must be general and consistent with public policy;
○ (f) It must not be unreasonable

B. Parts of a Statute
1. Title
● the part of the law that provides the name by which it is individually known.
● Embraces only one subject of the bill or statute to prevent “hodge podge or log
rolling legislation”
○ Hodge podge - legislative act which embraces many subjects
○ Log rolling - trading of favors or quid pro quo (a favour for a favour) by
legislative members
● Not to be applied very strictly and should receive a reasonable and not a technical
construction
● Must be comprehensive enough reasonably to include general object which a
statute seeks to effect
● Rule in case of conflict between title and body of statute:
○ Title may be resorted to in the ascertainment of congressional will for it
is regarded as an index of or clue or guide to legislative intention
○ Title is not merely composed of catchwords but expresses in language clear
the very substance of the law itself.

2. Preamble – the introductory part of a statute that usually states the reasons and
intent of the law.
Defines as “a prefatory explanation or statement, often commencing with the
word ‘whereas’, which purports to state the reason or occasion for making a law or to
explain in general terms the policy of the enactment
 Statements regarding the scope and purpose of a statute that appear in the preamble
may aid in the construction of doubtful or ambiguous provisions of a statute, but they cannot
be used to control the substantive provisions of a statute.

3. Enacting Clause – part of the statute which declares its enactment and identifies the
government body that enacted the statute or regulation.

4. Body – part of statute which contains the operative parts thereof, particularly its
substantive and procedural provisions.
The main subject matter of statutory construction.
Include the following:
a. Short Title – the purpose is to provide for a simple and easy designation of
the statutory enactment.
b. Definition of terms – shall control the definition of the words used in the
statute. It shall control its interpretation regardless of whether the word has a
different meaning according to common usage.
c. Policy Section – sometimes used in lieu of the preamble. Enumerates the
objectives of the statute and the policy it seeks to uphold. Also serve as a guide
as to how the executive agency tasked with the implementation
d. Substantive Provisions – sets forth “the rights, powers, privileges, and
immunities of persons benefited or regulated by the statute”
e. Penal Clause – sets forth the sanctions that may be imposed against
persons for violation of the statute. The sanction may be civil, administrative or
criminal
f. Administrative Section – usually includes the manner by which the statute
will be implemented, including the creation of administrative agencies and
enumerating its powers and responsibilities.

It is a basic principle of construction that every part of a statute must be given effect
and a construction that will render a provision inoperative should be avoided, which
means that inconsistent provisions should be reconciled whenever possible.

5. Headnotes and Epigraphs – are short statements that generally describe the body of
the provision to which they are attached to.
It cannot have the effect of limiting the words contained in the body of the statute
because they are usually nothing more than convenient index to the contents of the body of
the provision.

6. Repealing Clause – part of the statute which identifies the prior statutes or parts thereof
which are deemed repealed or abrogated by reason of the enactment of the new statute.
Repeals may be:
a. Express – specifically identifies the prior statute or the provision of a prior statute
which the new statute repeals
 b. Implied – if the provisions are inconsistent
Two kinds of implied repeals:
i. The provisions of the two acts on the same subject matter are irreconcilably
contradictory
ii. The latter statute covers the whole subject matter of the earlier one and is
clearly intended to be a substitute.

If the intent to repeal is not clear, the later act should be construed as a continuation
of, and not a substitute for, the earlier act.
Saving clause – a clause in a statute exempting something from the statute’s
coverage or operation.

7. Separability Clause or Severability Clause – part of a statute which makes the

statute’s parts or provisions severable so that one part can be invalidated without
invalidating the whole.

GENERAL RULE is that if a part of a statute is invalidated, the other portions, if

separable from the invalid portion, may stand and be enforced.
EXCEPTION is that if the parts of the statute “are so mutually dependent and
connected, as conditions, considerations, inducements, or compensation for each other, as
to warrant a belief that the legislature intended them as a whole, the nullity of one part will
vitiate the rest.

8. Effectivity Clause – part of the statute which announces the date of its effectivity.
Art 2 of the Civil Code provides that laws shall take effect after 15 days following the
completioin of their publication in the Official Gazette or a newspaper of general circulation,
unless it is otherwise provided.

Publication is indispensable in every case, but the legislature may in its discretion
provide that the usual 15 day period shall be shortened or extended.

CHAPTER 3
● Purpose of statutory construction is to determine the intention of the legislature.
● Caltex v Palomar
○ Supreme Court defined construction as “the art or process of discovering or
expounding the meaning and intention of the authors of the law with respect to
the application to a given case, where that intention is rendered doubtful”
● Verba Legis
■ plain meaning rule
■ Principle of construction which follows that when the statute is clear, plain
and free from ambiguity, it must be given its literal meaning and applied
without interpretation
 ■ The intent of the authors of legislation is gleaned from what is said, not
from what they may have intended to say.
■ If the law is clear, there is no room for construction for the literal interpretation
of the words used in the law correctly expresses the intention of the legislature
■ Verba legis is the starting point in the interpretation of legal provision
○ Verba legis non est recedendum - “from the words of the statute, there shall be no
departure”
○ Index animi sermo est - legal maxim “speech is the index of intention” rests on
the valid presumption that the words employed by the legislature in a statute correctly
express its intention and precludes the court from construing it differently since they
are presumed to know the meaning of the words, to have used words advisedly, and
to have expressed its intent by use of such words as are found in the statute. (G.R.
No. 82511 Globe-Mackay Cable and Radio Corporation v National Labor Relations
Commission and Salazar)
○ Absoluta sententia expositore non indiget - to the plain words of a legal provision,
we should make no further explanation
○ Ramirez v Garcia
■ the Supreme Court said “legislative intent is determined principally from the
language of a statute” and that “where the language of a statute is clear and
unambiguous, the law is applied according to its express terms, and
interpretation would be resorted to only where a literal interpretation would be
either impossible, absurd or would lead to an injustice”
○ RA No. 4200 - Anti-Wire Tapping Act
■ - Section 2 - clearly and unequivocally applies even to a party to the
conversation who is recorded without the consent of the other party
○ RA No. 1160 -Free distribution of agricultural lands of public domain
■ - Section 2: Board of Directors of NARRA has the power to appoint and fix the
term of office of the general manager... subject to the recommendation of
Economic Coordination and approval of the President of the Philippines.”
○ Appari v. Court of Appeals, et al.
■ - “if the words and phrase of a statute are not obscure or ambiguous, its
meaning and the intention of the legislature must be determined from the
language emplied and where there is no ambiguity in the words, there is no
room for construction.”
○ RA No. 9227 of 2003 -Granting additional compensation in the form of special
allowances for Judiciary (SAJ)
■ - Section 6: “all special allowances granted under this Act to justices... shall be
considered as an implementation. Of the said salary increases as may be
provided by law. The special allowance equivalent to the increase in the basic
salary as may be provided by law shall be converted as part of basic salary:
provided, any excess in the amount of special allowance not converted as part
of the basic salary shall continue to be granted as such.”
 ■ - Section 3: surplus in collections of current fees and new fees imposed may
be used by the Chief Justice to grant additional allowances exclusively to court
personnel who are not covered by RA No. 9227, who are already receiving
additional allowance under the JDF.
■ - SC said “long-term application would defeat the very purpose for which said
law as passed, there is no escaping the express provisions of the law...
Where, by the use of clear and equivocal language capable of only one
meaning anything is enacted by the legislature, it must be enforced even
though it is absurd or mischievous. Hence, there is nothing to do but to allow
the 10% increase in the basic salary of justices, judges... to be sourced from
the SAJ fund, and to allow the corresponding 10% reduction in SAJ. Dura lex
sed lex. The law may be harsh but it is the law”
○ Executive Order No. 611 - directing the implementation of a 10% increase in the
basic monthly salaries of civilian government personnel whose positions are covered
by RA No. 6758. DBM released Php 165M to judiciary as part of the SAJ with advise
that it already covers the 10% salary increase which results in a parallel reduction of
special allowances
■ - problem: conversion of the SAJ to monthly increase of salary will decrease
monthly income of the incumbent justices since the previous SAJ will become
subject to taxation.
○ RA No. 6758 - Revised compensation and position classification system in
government
○ Absurdity of the Interpretation of the Law
■ • subject matter of statutory construction since the literal application of the law
will lead to absurd results which is presumed not to be the intention of the
legislature
○ Absurdity of the law
■ • cannot be the subject matter of statutory construction since it delves into the
wisdom of the law.
○ Chief Justice Holmes said “there is no canon against using common sense in
construing laws as saying what they obviously means”
○ Frankfurter said “interpolation must be eschewed but evisceration (to deprive of
vital content) avoided
○ Saguisag v Ochoa
■ - case involves the interpretation of Article XVIII section 25 of 1987
Constitution
■ - SC said “verba legis is of paramount consideration... while courts will not stop
at verba legis, that is where they should begin. Thus, when the true intent of
the law is clear but is not reflected in the words thereof, the situation calls for
the application of the cardinal rule of construction that such intent or spirit must
prevail over the letter thereof.
● Ratio Legis; Spirit of the Law
○ Ratio legis et anima - the reason of the law is the soul of the law.
 ○ Principle of construction which is very helpful when legislative intent cannot be
ascertained purely from the letter of the law.
○ A statute must be read according to its spirit or intent; what is within the spirit is
within the statute, although it is not within its letter, and that what is within the
letter but not within the spirit is not within the statute.
○ If the words used in the statute is not clear, or it is not clear how a statutory
provision applies under a given set of facts, verba legis may not be enough to
determine the true meaning of the law, then the Courts must resort to ratio legis to
find out the intention behind the law.
○ Ninguno non deue enriquecerse tortizeramente con dano de otro - when the
statute is silent or ambiguous, this is one of those fundamental solutions that would
respond to the vehement urge of conscience
○ Doctrine of necessary implication
■ Ratio legis can be used to extend the application of a law to a situation that is
not expressly covered by it.
■ What is implied in a statute is as much a part thereof as that which is
expressed
■ The rule that “Every donation between the spouses during marriage shall be
void” (art. 133 of Civil Code) shall also apply to common law spouses due to
public policy considerations.
● Legislative Error;
○ Clerical Errors - may also be the subject matter of statutory construction to clearly
identify:
■ if a clerical error has indeed been committed by the legislature
■ If the real intention of the legislature can be determined using principles of
construction
○ When there is plain and obvious clerical error, it is within the province of the
courts to correct such error. It is not to correct the act of the legislature but
rather to carry out and give due course to the true intention of said legislature.
● Enrolled Bill Doctrine
○ A principle of interpretation which provides that the bill duly signed by the Senate
President and the Speaker of the House of Representatives and the secretaries of
said bodies, it shall be conclusive proof of the provisions of such act and of the due
enactment thereof.
○ A bill is enrolled when:
■ Printed and finally approved by Congress
■ Authenticated with signatures of:
● Senate President
● Speaker of the House
● Secretaries of each chamber of Congress
○ Exception to enrolled bill or when to defeat enrolled bill:
 ■ When senate president and house speaker withdrew their signatures after
finding that versions the bill did not include amendments that were discussed
and approved during its deliberation
○ SC said that Journal of the deliberations of Congress is not an unimpeachable source
to correct the bill that was duly signed by the heads of both houses of Congress and
certified by their respective secretaries.

CHAPTER 4
A. GENERAL PRINCIPLES
● should be taken into consideration regardless of whether intrinsic or extrinsic aids of
construction are found to be applicable.
● cover aids for textual and linguistic analysis of legal provisions, to normative theories to
achieve expressed or implied legislative policies in statutes
1. Law Construed as a Whole
2. Presumption of Justice (Art. 10 of Civil Code)
a. Art. 10 of Civil Code - “In case of doubt in the interpretation or application of laws, it is
presumed that the law making body intended right and justice to prevail.”
3. Construction Consistent with the Constitution
4. Construction to render Provision Effective

Laws Construed as a Whole

● law must be construed as a whole and the words, phrases and clauses should not be
studied in isolation but rather analyzed in light of the other cognate provisions of the statute
in order to understand that meaning attached to them by the legislature.
● Laws passed as whole is animated by one general purpose and intent.
● Caudal v Court of Appeals
● Issues:
○ what is the definition of the term “residential unit” under the Rental Law?;
○ whether the lessor has the right to eject the lessee from the leased unit for the use by
the lessor and his immediate family as a residential unit under Sec 5(c) of B.P.
Blg.877
● Arguments:
○ Sec 5(c) B.P. Blg. 877 states “the legitimate need of the owner/lessor to repossess
his property for his own use or for the use of any immediate member of his family as
a residential unit x x x”
○ Sec 2(b) B.P. Blg. 877 defines residential unit as “an apartment, house and/or land on
which another’s dwelling is located and used for residential purposes and shall
include not only buildings, parts, or units thereof used solely as dwelling places,
except... but also those used for home industries, retail stores or other business
purposes if the owner thereof and his family actually live therein and use it principally
for dwelling purposes
● Argument of defense: the lessor will use a portion of the leased unit as servants’ quarters
◦Court:
 ○ “If an abode can be used for limited business purposes, we see no reason why it
cannot be used as an abode for persons rendering services usually necessary or
desirable for the maintenance and enjoyment of a home and who personally minister
to the personal comfort and convenience of the members of the household.
● Lesson:
○ In interpretation of Statutes, one must first and foremost, look at how the term is used
in the statute as a whole.
○ In the construction of words used in a statute, the first step is to see if the word in
question is defined in the same statute.

● Claudio v Comelec:
● Issue:
○ Interpretation of Sec. 74 of the Local Government Code on recall election
■ Sec. 74 (b) states “no recall shall take place within one year from the date of
the official’s assumption to office or one year immediately preceding a regular
local election.”
● Main issue: Does the word “recall” as used in Sec 74(b) of LGC includes the convening of
the Preparatory Recall Assembly and its approval of the recall resolution?
● Court:
○ Sec 69 of the same law, it states that the “power of recall... shall be exercised by the
registered voters if a local government unit to which the local elective official
belongs.”
○ Since the power vested in the electorate is not to initiate recall proceedings but rather
the power to elect an official into office, the limitation under Sec 74(b) of the LGC
cannot be deemed to apply to the entire recall proceedings, and should only be
considered as referring to the recall election itself, excluding the convening of the
Preparatory Recall Assembly

● National Police Commission v de Guzman:

● Issue:
○ Definition of the term “integrated national police” under RA no. 6975 establishing the
Philippine National Police
○ Sec 39 of same act provides for a compulsory retirement age of 56
● Facts:
○ Petitioner sent notices of retirement to private respondents who are all members of
the defunct philippine constabulary and have reached the age of 56.
● Arguments:
○ That private respondents are also covered by sec 89 of same act which states “any
provisions hereof to the contrary notwithstanding, and within the transition period of
four years following the effectivity of this act, the following members of the INP shall
be considered compulsory retired...”
● Court:
 ○ No need to look outside RA 6975 in determining he meaning of INP since section 90
of RA 6975 distinguishes between he Philippine Constabulary and the INP..
○ When the definition of a term in a statute is in question, one must:
○ First look into the how such term is expressly defined in the statute
○ Or check the manner by which the term is used in other provisions of the same
statute
● A statute should be construed not only to be consistent with itself but also to
harmonize it with other laws on the same subject matter, as to form a complete,
coherent, intelligible system.

● Interpretare et concordare leges legibus est optimus interpretandi modus - Every

statute must be construed and harmonized with other status [statutes] as to form a uniform
set of jurisprudence
○ To interpret and harmonize law is the best method of interpretation

PRESUMPTION OF JUSTICE
● Article 10 of the Civil Code
○ “In case of doubt in the interpretation or application of the laws, it is presumed that
the lawmaking body intended right and justice to prevail.”

● Floresca, et al. v. Philex Mining Corporation

● Issue:
○ Do an injured employee/s or that of his heirs in case of death have a right of selection
or choice of action between availing of the worker’s right under the “Workmen’s
Compensation Act” and suing in the regular courts under the Civil Code for higher
damages by virtue of negligence or fault?
○ Sec 5 of Workmen’s compensation Act
■ “The rights and remedies granted by this Act to an employee by reason of a
personal injury entitling him to compensation shall exclude all other rights and
remedies accruing to the employee... against the employer under the Civil
Code and other laws because of said injury...”
○ Sec 46 of WCA
■ “The Workmen’s Compensation Commissioner shall have exclusive jurisdiction
tohear and decide claims for compensation under the WCA, subject to appeal
to the Supreme Court...” ◦Court:
■ Notwithstanding the provisions of the WCA, the employee or heirs may still file
an action or damages against Philex for negligence under the Civil code on
grounds that rationale in awarding compensation under WCA differs from that
in giving damages under the Civil code

CONSTRUCTION CONSISTENT WITH THE CONSTITUTION

● Basic rule construction:
● Statutes must be construed in a manner consistent with the Constitution.
 ● Based on the fundamental criterion:
○ All reasonable doubts should be resolved in favor of the constitutionality of a statute,
considering that all laws have in their favor the presumption of constitutionality.
● Courts will not set aside a law as unconstitutional except in a clear case. Until there is an
actual controversy brought to test the constitutionality of a law, the presumption of validity,
which is inherent in every statute, must be accorded it.
● Tañada v Tuvera
● The court interpreted the phrase “unless it is otherwise provided” in Art. 2 of the Civil Code
as qualifying the period of effectivity, but not allowing dispensing with the publication
requirement, because the latter interpretation dispensing with the publication requirement is
inconsistent with the due process clause of the Constitution
● Yu Cong Eng v Trinidad
○ Facts:
● Issue: The Issue in these proceedings is the validity of Act No. 2972 of the Philippine
Legislature, popularly known as the Chinese Bookkeeping Law.
● Ruling:
○ The temporary injunction heretofore issued is dissolved although under the
construction given to the law it may well be doubted if the Government will care to
proceed with the criminal prosecution. If the Government should not dismiss the
information, this question may be raised by demurrer in the lower court. Petition
denied without costs.
● Ratio
○ It is merely a practical judicial construction of a law where the validity of this law is in
issue, which gives to the law a meaning accomplishing everything needed by the
Government for tax purposes, without being unduly oppressive on the individual, and
which permits the courts to uphold the law.
○ Under such a construction as is above indicated, the Chinese will not be singled out
as a special subject for discriminating and hostile legislation. There will be no
arbitrary deprivation of liberty or arbitrary spoliation of property. There will be no
unjust and illegal discrimination between persons in similar circumstances. x x x The
law is not intended for the convenience of the trader or the protection of the
creditors, but has relation to the public welfare, to the power of taxation, to the
right of the government to exist. The Chinese must bear their just proportion of
the tax burden, however unwelcome it may be, without flinching.
○ We construe Act No, 2972 as meaning that any person, company, partnership, or
corporation, engaged in commerce, industry, or any other activity for the purpose of
profit in the Philippine Islands, shall keep its account books, consisting of sales books
and other records and returns required for taxation purposes by regulations of the
Bureau of Internal Revenue, in effect when this action was begun, in English,
Spanish, or a local dialect. Agreeable to such construction, we hold Act No. 2972
valid and constitutional.

CONSTRUCTION TO RENDER PROVISION EFFECTIVE

 ● A statute must be construed in such a way as to render it effective.
● Ut Res Magis Valeat Quam Pereat
● Meaning: The thing may rather have effect than be destroyed.
● Under this principle, care should be taken that every part thereof is given effect based on
the theory that the statute was enacted as an integrated measure and not as a hodge-podge
of conflicting provisions.
● JMM Promotions and Management, Inc. v. National Labor Relations Commission
○ A Construction that would render a provision inoperative should be avoided
● Lluz and Aldeosa v Comelec
● Court:
● It is a settled principle in statutory construction that whenever possible, a legal provision,
phrase or word must not be so construed as to be meaningless and a useless surplusage in
the sense of adding nothing to the law or having no effect on it.
● Statute imposing criminal liability should be construed narrowly in its coverage such that
only those offenses clearly included, beyond reasonable doubt, will be considered within the
operation of the statute.
● In statutory analysis, one must assume that each and every word used in the statute
is intended to express the legislative intention. Hence, it is unwise to gloss over or
ignore legal tex in arriving at a legal conclusion

B. LEGISLATIVE POLICIES AND PRESUMPTIONS

1. Penal Laws
2. Tax Laws
3. Social Legislation
4. Rules of Court
5. Adoption Laws
6. Local Autonomy
7. Naturalization Laws
8. Election Laws
9. Prescriptive Periods
10. Constitutional Construction
A. Framework
B. Self Executing vs. Non Self-executing provisions

PENAL LAWS
● Nullum crimen nulla poena sine lege
○ There is no crime where there is no law punishing it.
○ There must be a clear definition of the acts constituting the punishable offense as
well as the penalty that may be imposed.
● It is a basic rule of statutory construction that penal statutes are to be liberally construed in
favor of the accused.
● Every reasonable doubt in the interpretation or application of the law must be resolved in
favor of the accused.
● Centeno v. Villalon-Pornillos
● Facts:
○ The accused were charged with violating PD 1654 for soliciting money for purposes
of renovating the chapel of their barrio
○ Sec 2 of PD 1654 states “Any person, corp, org or assoc. desiring to solicit or receive
contributions for charitable or public welfare purposes shall first secure a permit...”
● Argument:
○ The accused raised the defense that they are raising money for religious purposes
which do not require a permit under the law
● Court:
○ Acquitted the accused on grounds that 1987 Constitution treat words “charitable” and
“religious” separately. “Religious purpose” is not interchangeable with the expression
“charitable purpose”; while all religious purposes are charitable, not all charitable
purposes are religious.
○ “It is a well-entrenched rule that penal laws are to be construed strictly against the
State and liberally in favor of the accused.
○ If the statute is ambiguous and admits of two reasonable but contradictory
constructions, that which operates in favor of the accused under its provisions is to be
preferred.
○ The principle is that acts in and of themselves innocent and lawful cannot be held to
be criminal unless there is a clear and unequivocal expression of the legislative intent
to make them such.
○ The purpose of strict construction is not to enable a guilty person to escape
punishment through a technicality but to provide a precise definition of forbidden acts.
● The principle, however, should not be applied to such great extent as to defeat a clear
legislative purpose in the passage of a law.

● United States v Go Chico

● Facts:
○ The accused was charged with violating sec 1 of act no 1696 for displaying selling
any flag, banner, emblem or device used during the late insurrection in the Philippine
Islands to designate or identify those in armed rebellion against the United States…
○ The accused was caught displaying in his store a number of medallions with the
picture of Emilio Aguinaldo and a duplicate of. The flag banner used during the last
insurrection in the country against the US
● Court:
○ Obvious intention behind the law is to prevent inciting resistance to governmental
functions and insurrection agains the government authority through the display of
symbols of the last insurrection
○ “It is said that notwithstanding this rule (that penal statutes must be construed strictly)
the intention of the lawmakers must govern in the construction of penal statutes... that
though penal statutes are to be construed strictly, they are not to be construed so
strictly as to defeat the obvious purpose of the legislature.”
TAX LAWS
● In CIR v Court of Appeals, the Supreme Court held that a statute will not be construed as
imposing tax unless it does so “clearly, expressly, and unambiguously.”
● Issue:
○ Is Ateneo de Manila, a non-stock, non-profit educational institution, liable for the
contractor’s tax for accepting sponsorships for its research activities from
international organizations, private foundations and government agencies?
○ Sec 205 of the National Revenue Code
○ RA 5186
○ Sec 12 of Local Tax Code
● Argument:
○ That Admu falls under the definition of a contractor and does not fall under any of
those expressly excepted from the tax
● Court:
● Petitioner CIR erred in applying the principles of tax exemption without first applying the
well-settled doctrine of strict interpretation in the imposition of taxes
● The CIR should have determined first if private respondent was covered by section 205,
applying the rule of strict interpretation of laws imposing taxes and other burdens on the
populace, before asking admu to prove its exemption therefrom
● Hornbook doctrine in the interpretation of tax laws
○ Statute will not be construed as imposing a tax unless it does so clearly, expressly,
and unambiguously.
○ Tax cannot be imposed without clear and express words for that purpose.
○ In case of doubt, such statutes are to be construed most strongly against the
government and in favor of the subjects or citizens because burdens are not to be
imposed nor presumed to be imposed beyond what statutes expressly and clearly
import.
● Coverage of tax laws cannot be extended by implication
● CIR v SMPH
● Court:
● Considering there is no provision of law imposing VAT on gross receipts of cinema/theater
operators or proprietors deroved from admission tickets, Revenue Memorandum Circular
28-2001 which imposes VAT on the gross receipts from admission to cinema houses must
be struck down.
● RMCs must not override, supplant, or modify the law, but must remain consistent and
in harmony with, the law they seek to apply and implement.
● The rule that tax exemptions should be construed strictly against the taxpayer presupposes
that the taxpayer is clearly subject to the tax being levied against him
● It is both illogical and impractical to determine who are exempted without first determining
who are covered by the provision
● Unless a statute imposes a tax clearly, expressly, and unambiguously, what applies is the
equally well-settled rule that imposition of a tax cannot be presumed. In case of doubt, tax
laws must be construed strictly against the government and in favor of the taxpayer.
● NaPoCor v City of Cabanatuan
● Facts:
○ NaPoCor is claiming exemption from franchise tax
○ City of Cabanatuan’s assessment is based on sec. 193 of Local Government Code
● Court
○ NPC is subject to franchise tax imposed by City of Cabanatuan since the former is
considered as exercising a franchise contemplated under the tax ordinance of
Cabanatuan
○ As a rule, tax exemptions are construed strongly against the claimant.
Exemptions must be shown to exist clearly and categorically and supported by clear
legal provisions
○ Expressio unius est exclusio alterius - the express mention[s] of one person,
thing, act or consequence excludes all others
○ Not being a local water district, a cooperative registered under RA 6938, or a
non-stock and non-profit hospital or educational institution, NPC clearly does not
belong to the exception.
○ The franchise tax is imposable despite any exemption enjoyed under special
laws
● The rule that tax exemptions are to be construed strictly agains the taxpayer is based on
the life-blood theory of taxation - which provides that taxes constitute life-blood of
government and their prompt and certain availability is an imperative need.
● Governmental necessity is the theory upon which the system of taxation is based.
● CIR v Algue Inc
○ Without taxes, the government would be paralized for lack of motive power to activate
and operate it.
● Republic of the Philippines v Paranaque
○ Issue: Is Philippine Reclamation Authority (PRA) exempt from real property taxes
imposed by Parañaque City
○ Court:
■ Sec 234 and 133 of Local Government Code:
■ Sec 234: the ff are exempted from real propert: Real property owned by RP or
any of its political subdivisions.. Except when the beneficial use has been
granted to a taxable person
■ Sec 133: Limitations on Taxing powers of LGUs … shall not extend to:
...national government, its agencies and instrumentalities and LGUs
■ PRA is an instrumentality of government not a government-owned and
controlled corporation… there is no proof that PRA leased the reclaimed
properties to a private taxable entity.
■ When local governments invoke the power to tax on national government
instrumentatilites, such power is construed strictly against local gov’ts. The
rule is that a tax is never presumed and there must be clear language in
the law imposing the tax.
 ■ When Congress grants a tax exemption in favor of a national government
instrumentality from local taxation, such exemption is construed liberally
in favor of the national government instrumentality.

SOCIAL LEGISLATION
● art 4 of pd 442 otherwise known as the Labor Code of the Philippines provides that
○ All doubts in the implementation and interpretation of the provisions of the
Labor Code including its IRR shall be resolved in favor of labor.
● International Pharmaceuticals vs Sec of Labor
○ Facts:
○ Labor union filed for notice of strike and went on with the strike after failed conciliation
efforts. The company filed cases with the NLRC against the labor union. While the
NLRC cases are pending, the Sec. of Labor assumed jurisdiction over the labor
dispute pursuant to Art 236 of Labor Code
○ Court:
○ All doubts in the implementation and interpretation of the provisions of the Labor
Code including its IRR shall be resolved in favor of labor.
● Bautista v Murillo
○ Facts:
○ Pursuant to Workmen’s Compensation Act (WCA), Murillo, a contractual employee of
Bautista, filed a claim for compensation against the latter arising from an injury that
the former suffered while in the employ of the other.
○ Court:
○ Since WCA is designed to give relief to labor in case of injury, its provisions should be
given liberal interpretation in order to carry into efffect its beneficent provisions. As a
casual employee engaged in the business of the employer, Maurillo is still covered by
WCA.
RULES OF COURT
● Rule 1 of Sec 6 of 1997 Rules of Civil Procedure states “these rules shall be liberally
construed in order to promote their objective of securing a just, speedy, and inexpensive
disposition of every action and proceeding.”
● The principle of liberality has extended not only to the construction of rules of court but
also to its application.
● Office of Court Administrator v Garong
○ Issue: Has the period to file an appeal has lapsed?
○ Court:
■ Rules prescribing time within which certain acts must be done, or certain
proceedings taken, are absolutely indispensable to the prevention of needless
delays and the orderly and speedy discharge of judicial business
■ Strict compliance with such rules is mandatory and imperative but if it would
hinder rather than serve the demands of substantial justice, the former must
yield to the latter.
● Liberal construction of the rules with regard to motions for reconsideration is set
forth in Goldloop Properties Inc v CA
○ The filing of the respondents-spouses motion for reconsideration did not stop the
period of appeal… but where a rigid application of the rule will result in a manifest
failure or miscarriage of justice, then the rule may be relaxed especially if a party
successffully shows that the alleged defect in the questioned final and executory
judgment is not apparent on its face or from the recitals contained therein.
Technicalities may thus be disregarded in order to resolve the case. After all, no
party can claim a vested right in technicalities. Litigations should, as much as
possible, be decided on the merits and not on technicalities.
● Paz Reyes Aguam v CA
○ The law abhors, technicalities that impede the cause of justice. A litigation is not a
game of technicalities… Litigations must be decided on their merits and not on
technicality. Every party litigant must be afforded the amplest opportunity for
the proper and just determination of his cause, free from the unacceptable plea
of technicalities. Thus, dismissal of appeals purely on technical grounds is frowned
upon where the policy of the court is to encourage hearings of appeals on their merits
and the rules of procedure ought not to be applied in a very rigid, technical sense;
rules of procedure are used only to help secure, not override substantial justice. It is
far better and more prudent course of action for the court to excuse a technical
lapse and afford the parties a review of the case on appeal to attain the ends of
justice rather than dispose of the case on technicality and cause a grave
injustice to the parties, giving a false impression of speedy disposal of cases while
actually resulting in more delay, if not miscarriage of justice.
○ Resort to the liberal application of procedural rules remains the exception
rather than the rule; ...to merit liberality, the one seeking such treatment must show
reasonable cause justifying its non-compliance with the Rules, and must establish
that the outright dismissal of the petition would defeat the administration of
substantial justice.
● Liberal construction of the rules has been used by the Court to exempt a party to a litigation
proceeding from the coverage of a mandatory provision of the rules of court.
● Cabrera v Ng
○ The general rule is that the three-day notice requirement in motions under Sections
4 and 5 of the Rules of Court is mandatory. It is an integral component of procedural
due process. ‘The purpose of the three-day notice requirement, which was
established… for the adverse party, is to avoid surprises… and to grant it
sufficient time to study the motion and to enable it to meet the arguments
interposed therein.’ ‘A motion that does not comply with the requirements of
Sections 4 and 5 of Rule 15 of the Rules of Court is a worthless piece of paper which
the clerk of court has no right to receive and which the court has no authority to act
upon.’
○ The 3-day notice requirement is not a hard and fast rule.
● Preysler, Jr. v. Manila Southcoast Development Corporation
 ○ Three-day notice rule is not absolute. A liberal construction of the procedural rules is
proper where the lapse in the literal observance of a rule of procedure has not
prejudiced the adverse party and has not deprived the court of its authority.
○ Section 6, Rule 1 of the Rules of Court provides that the Rules should be liberally
construed in order to promote their objective of securing a just, speedy, and
inexpensive disposition of every action and proceeding. Rules of procedure are
tools designed to facilitate the attainment of justice, and courts must avoid
their strict and rigid application which would result in technicalities that tend to
frustrate rather than promote substantial justice.
○ Principles of natural justice demand that the right of a party should not be affected
without giving it an opportunity to be heard
○ The test is the presence of opportunity to be heard, as well as to have time to
study the motion and meaningfully oppose or controvert the grounds upon
which it is based.
● Somera Vda de Navarro v Navarro
○ There was substantial compliance of the rule on notice of motions even if the first
notice was irregular because no prejudice was caused to the adverse party since the
motion was not considered and resolved until after several postponements of which
the parties were duly notified.
● Jehan Shipping Corporation v NFA
○ Despite lack of notice of hearing in a motion for recon, there was substantial
compliance with the requirements of due process where the adverse party actually
had the opportunity to be heard and had filed pleadings in opposition to the motio
● While rules of procedure are to be liberally construed, provisions providing for
reglementary periods are to be strictly applied because they are indispensable to the
prevention of needless delays and necessary to the orderly and speedy discharge of judicial
business.

ADOPTION LAWS
● Purpose of adoption is to establish a relationship of a paternity and filiation between the
adopter and the adoptee where none existed.
● It is a settled rule that adoption statutes, being humane and salutary in nature, are to be
liberally construed on account of the “beneficent purposes of adoption.”
● The interest and welfare of the adopted child should be primary and paramount
consideration and every reasonable intendment should be sustained to promote and fulfill
the noble and compassionate objectives of adoption statutes.
● The Supreme Court allowed an illegitimate child who was adopted by her natural father to
use her natural mother’s surname as middle name, even if there is no law allowing it.
● The Supreme Court allowed for the lawyer, whom the child was left by an undisclosed
individual whose name cannot be disclosed due to attorney-client privilege, to give consent
to the adoption of the child. The Court held that the maxim dura lex sed lex should be
softened and the law applied with less severity in adoption cases which is for the benefit of
unfortunate children.
 ● Petition for adoption of Michelle Lim and Michael Jude Lim
○ The SC held that the requirement under RA No. 8552 (Domestic Adoption Act of
1998) that the husband and wife shall jointly adopt is a mandatory requirement, and
that this requirement cannot be waived even if the petitioner-adopter remarried only
after filing the petition for adoption.
○ The SC emphasizes the principle that the rule on liberal construction cannot be used
by the courts as justification for judicial legislation
● Republic v. Vergara
○ The Court is not in a position to affirm the trial courts (sic) decision favoring adoption
in the case at bar for the law is clear and it cannot be modified without violating
the proscription against judicial legislation. Until such time however, that the law
on the matter is amended, we cannot sustain the respondent-spouses’ petition for
adoption.

LOCAL AUTONOMY
● Art. X Section 2 of 1987 Consti
○ Provides the territorial and political subdivisions of the Philippines shall enjoy local
autonomy
○ Territorial and political subdivisions:
■ Provinces
■ Cities
■ Municipalities
■ Barangays
● Art. II Section 25
○ Emphasized the policy of local autonomy
○ Provides that the State shall ensure the autonomy of local governments
● Sec 5 of Local Government Code provides for the following:
○ In the interpretation of the provisions of this Code, the ff rules shall apply:
■ Any provision on a power of a local government unit shall be liberally
interpreted in its favor, and in case of doubt, any question thereon shall be
resolved in favor of devolution of powers and of the lower local government
unit. Any fair and reasonable doubt as to the existence of the power shall be
interpreted in favor of the local government unit concerned.
■ In case of doubt, any tax ordinance or revenue measure shall be construed
strictly against the local government unit enacting it, and liberally in
favor of the taxpayer. Any tax exemption, incentive or relief granted by any
local government unit pursuant to the provisions of this Code shall be
construed strictly against the person claiming it.
■ The general welfare provisions of this Code shall be liberally interpreted to
give more powers to local government units in accelerating economic
development and upgrading the quality of life for the people in the community
 ● In statutory construction, where a law is capable of two interpretations, one in favor of
the centralized power of the national government and the other beneficial to local autonomy,
“the scales must be weighed in favor of local autonomy”
● San Juan v. Civil Service Commission, et al.
○ Section 1 of EO No. 112
■ All budget officers of provinces, cities and municipalities shall be appointed
henceforth by the minister of budget and management upon
recommendation of the local chief executive concerned, subject to civil
service law, rules and regulations, and they shall be placed under the
administrative control and technical supervision of the Ministry of Budget and
Management
■ SC interpreted “upon recommendation of local chief executive…” as part and
parcel of the appointment process and is a mandatory requirement
● Power to tax and license as a means of raising revenue is not inherent in a municipal
corporation, such that it may only be exercised by the local government unit if such power is
expressly conferred in plain terms or by necessary implication from the powers expressly
granted.
○ A grant of power of this nature is as a rule strictly construed against its exercise and
in favor of public especially where the purpose is to raise revenue.
● The power when granted is to be construed strictissimi juris, most strict law

NATURALIZATION LAWS
● Construed strictly and doubts thereof are resolved against the applicant
● Rigidly enforced and strictly construed in favor of government
● If language of such laws is express and explicit, it is beyond the province of courts to take
into account questions of expediency, good faith, and other similar provisions in the
construction of its provisions
● Naturalization is not a matter of right, but one of privilege of the most discriminating, as well
as delicate and exacting nature, affecting, as it does, public interest of the highest order, and
which may be enjoyed only under precise conditions prescribed by law:
○ Substantial
○ Formal or procedural

ELECTION LAWS
● Construed liberally to the end that the will of the people in the choice of public officials may
not be defeated by mere technical objections
● Immaterial defects in pleadings in election contests should be disregarded so that the will of
the people in the choice of public officials will not be defeated by formal or technical
objections.
● To be accorded utmost liberality in their interpretation and application with the objective of
upholding the will of the people.

PRESCRIPTIVE PERIODS
 ● Yapdiangco v Buencamino
○ Deals with the prescription of a criminal action
○ When the State is deemed to have lost or waived its right to prosecute an act which is
prohibited and punished by law.
○ Court held:
■ Distinction between principle of construction to be applied for prescriptive
periods for civil cases and those for criminal cases
■ Rules that deal with the computation of time allowed to do a particular
act, do not apply to lengthen the period fixed by the state for it to
prosecute those who committed a crime against it. The waiver or loss of
the right to prosecute is automatic and by operation of the law.
● People v Moran
○ Wharton said:
■ Criminal and civil statutes are essentially different
■ In civil suits, statute is interposed by the legislature as an impartial arbiter
between two contending parties
● In construction of the statute, there is no intendment to be made in favor
of either party; neither grants the right to the other; there is therefore no
grantor against whom the ordinary presumptions of construction are to
be made but it is otherwise when a statute of limitation is granted
by the State.
■ In criminal suits, the statute is not a statute of process, to be scantily and
grudgingly applied, but an amnesty… it is the statutes of limitation are to
be liberally construed in favor of the defendant, not only because such
liberality of construction belongs to all acts of amnesty and grace, but
because the very existence of the statute is a recognition and notification
by the legislature of the fact that time, while it gradually wears out proofs
and innocence, has assigned to it fixed and positive periods in which it
destroys proofs of guilt.
■ Delay in instituting prosecutions is not only productive at the expense to the
State, but of peril to public justice in attenuation, and distortion, even by
mere natural lapse of memory, of testimony.
■ Prosecutions should be prompt and that statutes enforcing such promptitude
should be vigorously maintained.
■ To secure for criminal trials the best evidence that can be obtained.

CONSTITUTIONAL CONSTRUCTION
● FRAMEWORK
○ SC adopted the basic principles of statutory construction in the interpretation of the
constitution.
 i. Verba Legis - words used in the Constitution must be given their ordinary
meaning except where technical terms are employed.
● Verba Legis non est recedendum - from the words of a statute there
shall be no departure
ii. Ratio legis est anima - where there is ambiguity, the words of the Constitution
should be interpreted in accordance with the intent of its framers.
iii. Ut res magis valeat quam pereat - the Constitution is to be interpreted as a
whole
● No one provision of the Constitution is to be separated from all the
others, to be considered alone, but that all the provisions bearing
upon a particular subject are to be brought into view and to be so
interpreted as to effectuate the great purposes of the instrument
iv. If the plain meaning of the word is not found to be clear, resort to other
aids, such as debates and proceedings, is available; resort thereto may be
had only when other guides fail as said proceedings are powerless to vary the
terms of the Constitution when the meaning is clear
○ David Case teaches the following principles of constitutional construction:
i. Verba legis - starting point of constitutional construction
ii. Ut res magis valeat quam pereat - constitutional provision must be read in
relation with the entirety of the constitution
iii. Stare Decisis - in reading constitutional provisions, one must look into
jurisprudence that considered the exact same text, and evolution of the text in
various statutory enactments and its legal history
iv. Ratio legis est anima - taking into account textual provision and its context to
understand the true intention of legislature
● Self executing vs Non-self executing provisions
○ General Rule:
i. Provisions of the Constitution are intended to be self-executing
○ Self-executing
i. Provision that is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies a sufficient rule
by means of which the right it grants may be enjoyed or protected
ii. If the nature and extent of the right conferred and the liabilities imposed are
fixed by the constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language indicating
that the subject is referred to the legislature for action.
○ Not self-executing
i. Provision that lays down a general principle
○ In case of doubt:
i. Constitution should be considered self-executing rather than
non-self-executing, unless the contrary is clearly intended

C. ADMINISTRATIVE CONSTRUCTION
● General Rule:
○ Contemporaneous construction of ambiguous provisions of statutes by executive or
administrative agencies tasked with implementing them are entitled to great weight
and respect by the courts unless it is contrary to law or manifestly erroneous.
● In Peralta v. Civil Service Commission, the SC said that administrative constructions of
statutes by administrative agencies is not necessarily binding upon the courts and the
court may set aside the actions of administrative agencies in the following instances:
○ Error of Law
○ Abuse of Power
○ Lack of jurisdiction
○ Grave abuse of discretion clearly conflicting with either the letter or the spirit of a
legislative enactment
●