CHAPTER I.
PRELIMINARY CONSIDERATIONS
STATUTORY CONSTRUCTION
Definition
Statutory Construction – the art or process of discovering and expounding the meaning and intention of
the authors of the law with respect to its application to a given case, where that intention is rendered
doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.
(Caltex vs. Palomar)
Construction vs. Interpretation
Construction is the drawing of conclusions with respect to subjects that are beyond the direct expression
of the text, while interpretation is the process of discovering the true meaning of the language used.
Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of
conclusions, respecting subjects that lie beyond the direct expressions of the text.
Laws vs. Statutes
All Statutes are Laws, not all Laws are Statutes.
Law - refers to the system of rules and regulations in a country governing its citizens.
Statutes- refers to the written form of a law passed by a legislative body.
Laws not created by statute (not a statute because it was not made by Congress, but still a law):
• Constitution
• Presidential Decrees (the one who made these were not the legislative, but the President during
the Martial Law)
• Executive Orders (it was enacted by the President during their administration)
• Supreme Court Rulings and Jurisprudence (Art 8 of the Civil Code)
• Ordinances
Situs of Construction and Interpretation
➢ The situs of construction and interpretation of written laws belong to the judicial department.
➢ It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
the government.
➢ Supreme Court is the one and only Constitutional Court and all other lower courts are statutory
courts, and such lower courts have the power to construe and interpret written laws.
Subjects of Construction and Interpretation
Most common subjects of construction and interpretation are the constitution and statutes which include
ordinances. But we may also add resolutions, executive orders, and department circulars.
The first and fundamental duty of the Courts is to apply the law.
Requisites for the Construction and Interpretation of a Law
1. There must be an actual case or controversy.
2. There is ambiguity in the law involved in the controversy. (Ambiguity exists if reasonable persons
can find different meanings in a statute, document, etc.)
Priority of the Court:
1) Application
2) Interpretation (you go to the text alone, if it is not found, the Court will go to other provisions of the
text within the law)
3) Construction (When interpretation does not suffice, the Court will seek the help of extrinsic aids
such as minutes of Congress, initial bill)
Since the Court is obligated to decide at all times, if after construction, the law remains ambiguous, it is the
judge who will decide. If you are not satisfied, that is where the long process of judicial process comes in.
Kinds of Construction and Interpretation
Hermeneutics – the science or art of construction and interpretation.
Legal hermeneutics – is the systematic body of rules which are recognized as applicable to the construction
and interpretation of legal writings.
Dr. Lieber in his work on Hermeneutics gives the following classification of the diff kinds of interpretation:
1. Close interpretation – adopted if just reasons connected with the character and formation of the text
induce as to take the words in the narrowest meaning. This is generally known as “literal” interpretation.
2. Extensive interpretation – also called as liberal interpretation, it adopts a more comprehensive
signification of the words.
3. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is therefore not
genuine interpretation.
4. Free or unrestricted interpretation – proceeds simply on the general principles of interpretation in good
faith, not bound by any specific or superior principle.
5. Limited or restricted interpretation - influenced by other principles than the strictly hermeneutic ones.
6. Predestined interpretation – takes place when the interpreter, laboring under a strong bias of mind,
makes the text subservient to his preconceived views and desires.
Some Principles of Construction and Interpretation
➢ Where the law speaks in clear and categorical language, there is no room for interpretation,
vacillation, or equivocations, there is room only for application.
DIRECTOR OF LANDS v. COURT OF APPEALS
G.R. No. 102858, July 28, 1997
FACTS: Teodoro Abistado filed a petition for original certification of his land title under the PD 1529.
However, during the pendency of the case, he died and was substituted by his children, represented by
their aunt Josefa Abistado. Land Registration Court dismissed the petition for non-compliance with
publication requirement of the notice of initial hearing in a newspaper of general circulation. It was only
published in the Official Gazette.
Petitioner contends that under Section 23 of PD 1529, the notice of initial hearing shall be "published both
in the Official Gazette and in a newspaper of general circulation." Private respondents argue that
publication in the Official Gazette is sufficient enough.
RTC Occidental Mindoro: The trial court dismissed the petition noting that applicants failed to comply
with the provisions of Section 23(1) of PD 1529, requiring the applicants to publish the notice of Initial
Hearing in a newspaper of general circulation in the Philippines.
CA: Court of Appeals set aside the decision of the trial court and ordered the registration of the title in the
name of Teodoro Abistado.
The Director of Lands represented by the Solicitor General thus elevated this recourse to the SC.
ISSUE: Whether or not there is a need for the Court to interpret/construe the publication requirement of
notice of initial hearing in a newspaper of general circulation under Section 23 of PD 1529.
RULING: No. The Court ruled that the law used the term "shall" in prescribing the work to be done by the
Commissioner of Land Registration upon the latter's receipt of the court order setting the time for initial
hearing. The said word denotes an imperative and thus indicates the mandatory character of a statute.
While concededly such literal mandate is not an absolute rule in statutory construction, as its import
ultimately depends upon its context in the entire provision, the Supreme Court hold that in the present case
the term must be understood in its normal mandatory meaning.
BARCELLANO BAÑAS v. BAÑAS
G.R. No. 165287, September 14, 2011
➢ When the law is clear, it is not susceptible of interpretation. It must be applied regardless of
who may be affected, even if the law may be harsh or erroneous.
PASCUAL v. PASCUAL BAUTISTA ET AL.
G.R. No. 84240, March 25, 1992
➢ The first and fundamental duty of the Courts is to apply the law.
PEOPLE v. MAPA
G.R. No. L-22301, August 30, 1967
FACTS: Mario Mapa was apprehended in Manila for violating section 878 in connection with Section 2692
of the Revised Administrative Code as he was caught in possession of 1 homemade revolver without permit.
The lower court rendered a decision convicting the accused "of the crime of illegal possession of firearms”.
Respondent claimed that he was a secret agent of Batangas governor and was on a mission, therefore
should be exempted from illegal possession of firearms.
ISSUE: Whether or not a “secret agent” is exempt from illegal possession of firearms.
RULING: No. The law cannot be any clearer. No provision is made for a secret agent. As such he is not
exempt. The first and fundamental duty of courts is to apply the law.
RESINS, INC. v. AUDITOR GENERAL OF THE PHILIPPINES
G.R. No. L-17888 October 29, 1968
FACTS: Resins, Inc, seeks a refund from Central Bank on the claim that it was exempt from the margin fee
under Republic Act No. 2609 for the importation of UREA and FORMALDEHYDE as separate units used
for the production of synthetic glue, of which it was a manufacturer.
Respondent contends that 'urea formaldehyde' is clearly a finished product, which is patently distinct and
different from 'urea' and 'formaldehyde', as separate articles used in the manufacture of the synthetic resins
known as 'urea formaldehyde'.
Petitioner argues, however, that the bill approved in Congress contained the copulative conjunction 'and'
between the terms 'urea' and 'formaldehyde', and that the members of Congress intended to exempt 'urea'
and 'formaldehyde' separately as essential elements in the manufacture of the synthetic resin glue called
'urea fomaldehyde' not the latter as a finished product, citing in support of this view the statements made
on the floor of the Senate, during the consideration of the bill before said House, by members thereof.
ISSUE: Whether or not “urea formaldehyde” in Section 2(18) of RA 2609 can be interpreted to mean urea
and formaldehyde as separate units, as opposed to it being one finished product.
RULING: No. The Court ruled that it is well settled that the enrolled bill — which uses the term 'urea
formaldehyde' instead of 'urea and formaldehyde' — is conclusive upon the courts as regards the tenor of
the measure passed by Congress and approved by the President. If there has been any mistake in the
printing of the bill before it was certified by the officers of Congress and approved by the Executive — on
which we cannot speculate, without jeopardizing the principle of separation of powers and undermining one
of the cornerstones of our democratic system — the remedy is by amendment or curative legislation, not
by judicial decree.
Furthermore, it has been the constant and uniform holding that exemption from taxation is not favored and
is never presumed, so that if granted it must be strictly construed against the taxpayer. Affirmatively put,
the law frowns on exemption from taxation, hence, an exempting provision should be construed “strictissimi
juris" (according to the strictest interpretation of the law). Certainly, whatever may be said of the statutory
language found in Republic Act 2609, it would be going too far to assert that there was such a clear and
manifest inention of legislative will as to compel such a refund.
➢ The duty of the Court is to apply the law disregarding their feeling of sympathy or pity for
the accused.
PEOPLE v. AMIGO
G.R. Nos. 116719, January 18, 1996
PEOPLE v. DELMO ET AL.
G.R. Nos. 130078-82, 04 October 2020
AQUINO v. AQUINO
G.R. Nos. 208912, December 7, 2021
If the Court has knowledge of any act which it may deemed proper to repress & is not punishable by the
law, and in cases of excessive penalties, it shall:
• Render a proper decision based on the existing law. (Art 5 RPC)
• Report to the Chief Executive, through the Department of Justice, the reasons which induce the
court to believe that said act should be made the subject of penal legislation. (Art 5 RPC)
CHAPTER 2 - STATUTES
BIRTH OF A LAW
Legislative Procedures
The power to make laws is lodged in the legislative department of the government.
A statute starts with a bill.
Bill – is the draft of a proposed law from the time of its introduction in a legislative body through all the
various stages in both houses.
Act - is the appropriate term for it after it has been acted on and passed by the legislature.
It then becomes a statute, the written will of the legislature expressed according to the form necessary to
constitute it as the law of the state.
How Does a Bill Becomes A Law – Steps
1. A proposal may come from the President, government agencies, private individuals, interest
groups (lobbying) and legislators themselves.
2. A member of congress may introduce the proposed bill to the secretary of either house which
will then be calendared for 1st reading.
3. In the First Reading, only the title and number of the bill is read. Thereafter, it is referred to the
appropriate committee for study.
4. The appropriate committee will conduct public hearings. After the public hearing, the
committee will make a committee report, deciding w/n the proposed bill is feasible or not. Should
there be an unfavorable report, the proposed bill is deemed dead.
5. Upon favorable action by the committee, it is then referred to the Committee on Rules to be
calendared for Second Reading.
6. In the second reading, the bill is read in its entirety. Immediately after the second reading, the bill
is set for open debates where members of the congress may propose amendments and insertions
to the proposed bill.
7. After the period of amendments and insertions, the bill will be subject for voting: (1) If favorable,
it is calendared for Third Reading; (2) If unfavorable, it is transmitted to archives.
8. After the approval of the bill in its 2nd reading and at least 3 calendar days before its final
passage, the bill is printed in its final form and copies thereof distributed to each of the
members.
9. The bill is then calendared for the third and final reading. At this stage, no amendment shall be
allowed. Only the title of the bill is read, and The House will then vote on the bill. (Votes for a bill to
pass on 3rd reading, depends on the policy, either 50%+1 or 51% of the majority in a quorum)
10. The bill will then be transmitted to the other house where it will undergo the same process.
11. If both houses have different versions passed, it will then be submitted to the Bicameral
Conference Committee. The BCC will be tasked to come up with a compromised bill which will
then be subject to the approval of both houses before the bill is enrolled.
12. The enrolled bill will then be authenticated by the Speaker of the House of Representatives and
the Senate President and attested by the secretaries of both houses.
13. The enrolled bill will then be transmitted to the President for his approval or veto. The
President may veto specific line items or the enrolled bill as a whole. If for any reason the bill is
vetoed, it is then returned to the originating house with his objections.
14. Congress may accept or override the veto. To override the veto of the President, Congress,
during a joint session will need to garner two-thirds vote of all its members
voting separately.
Compromised Bill - if both houses have different versions of the bill, the BCC is tasked to come up with a
compromised bill in order to settle the differences in the bill from both houses.
Enrolled Bill - refers to the bill passed by Congress, authenticated by Senate President & House Speaker,
and approved by President.
Principle of Enrolled Bill - under this principle, it is presumed that once a bill passes a legislative body
and is signed into law, the courts assume that all rules of procedure in the enactment process were properly
followed.
How to invalidate an enrolled bill - you can argue that the quorum in 3rd reading was not followed or that
during the 3rd reading, number of votes were not followed.
Can you invalidate the enrolled bill on this ground? No. Under the principle of enrolled bill, there is a
presumption that it went through the regular process. The Court has to rely on good faith of the 2 branches.
Constitutional option: None.
Administrative option: Yes. You can file a case against the legislator, etc.,
Enrolled Bill v. Journal, which should rise above the 2?
In Morales v. Subido, the Court held that if there is discrepancy between the enrolled bill and journals,
enrolled bill should prevail because we cannot go behind it to discover what really happened. The respect
due to the other branches of the Government demands that the Court act upon the faith and credit of what
the officers of the said branches attest to as the official acts of their respective departments. Otherwise, it
would cast an unenviable and unwanted role of a sleuth trying to determine what actually did happen in the
labyrinth of law-making with consequent impairment of the integrity of the legislative process.
When it comes to extrinsic aids, it is the journals that prevail.
When does the law-making process end in Congress? After the Senate President & House Speaker
authenticates the bill and sends it to the President.
What happens if the Congress finds out that the wrong bill was approved by the Pres., can the Congress
withdraw their signatures? Normally, no. The only ground that they can withdraw their signatures is if there
is a substantial difference between the bill passed by Congress and the one submitted to the President.
Constitutional Test in Passage of a Bill
3 constitutional requirements in the enactment of statute:
1) Every bill passed by Congress shall embrace only one subject which shall be expressed in the
title thereof.
2) No bill passed by either House shall become law unless it has passed three readings on separate
days, and printed copies thereof in its final form have been distributed to each member three days
before its passage.
3) Every bill passed by the Congress shall, before it becomes a law, be presented to the President.
The executive approval and veto power of the President is the third important constitutional
requirement in the mechanical passage of a bill.
Executive Approval
• When the President signs it.
• When the President does not sign it and 30 days lapsed. (30 calendar days)
• When the President vetoes, and Congress overrides the veto power by 2/3 votes of all members,
voting separately.
Constitutional Requirements (Technical Requirements):
No ex post facto law or bill of attainder shall be passed.
Ex Post Facto Law - makes an action done before the passing of the law and which was innocent when
done, criminal, and punishes such action.
a) If it makes criminal an act
b) When a law aggravates a crime
c) If it changes the punishment
d) When it alters the weight of evidence
e) Limits the rights under bill of rights
Bill of Attainder - punishes a party for a perceived crime without first going through trial/due process.
REMMAN ENTERPRISE INC. v. PROFESSIONAL REGULATORY BOARD OF ESTATE
G.R. No.197676, 04 February 2014
FACTS: Remman Enterprises, Inc. & Chamber of Real Estate and Builder’s Association filed a petition to
declare as unconstitutional sections 28(a), 29 and 32 of Republic Act No. 9646, entitled “An Act Regulating
the Practice of Real Estate Service in the Philippines, Creating for the Purpose a Professional Regulatory
Board of Real Estate Service, Appropriating Funds Therefor and For Other Purposes.”
Petitioners claim that the new law is unconstitutional as it violates the one-title-one subject rule of Article
VI, Section 26 (1) of the 1987 Philippine Constitution which mandates that "Every bill passed by Congress
shall embrace only one subject which shall be expressed in the title thereof.”
Petitioners filed a case before the RTC-Manila, seeking to declare as void and unconstitutional sections
28(a), 29, and 32 of R.A. No. 9646.
RTC denied the petition. It held that the assailed provisions are relevant to the title of the law as they are
intended to regulate the practice of real estate service in the country.
Petitioners appealed to the SC.
ISSUE: Whether or not constitutional provisions should be strictly construed to mean only what it states.
RULING: No. the Supreme Court laid down the rule that Constitutional provisions relating to the
subject matter and titles of statutes should not be so narrowly construed as to cripple or impede
the power of legislation. The requirement that the subject of an act shall be expressed in its title should
receive a reasonable and not a technical construction. It is sufficient if the title be comprehensive enough
reasonably to include the general object which a statute seeks to effect, without expressing each and every
end and means necessary or convenient for the accomplishing of that object. Mere details need not be set
forth. The title need not be an abstract or index of the Act.
The Court has previously ruled that the one-subject requirement under the Constitution is satisfied if all the
parts of the statute are related and are germane to the subject matter expressed in the title, or as long as
they are not inconsistent with or foreign to the general subject and title.
It is also well-settled that the "one title-one subject" rule does not require the Congress to employ in the title
of the enactment language of such precision as to mirror, fully index or catalogue all the contents and the
minute details therein. The rule is sufficiently complied with if the title is comprehensive enough as to include
the general object which the statute seeks to effect.
Parts of a Statute
• Title – the heading on the preliminary part, furnishing the name by which the act is individually
known. It is usually prefixed to the statute in the brief summary of its contents.
• Preamble – part of statute explaining the reasons for its enactment and the objects sought to be
accomplished. Usually, it starts with “whereas”.
• Enacting clause – part of statute which declares its enactment and serves to identify it as an act
of legislation proceeding from the proper legislative authority. “Be enacted” is the usual formula
used to start this clause.
• Body – the main and operative part of the statute containing its substantive and even procedural
provisions. Provisos and exceptions may also be found.
• Repealing Clause - announces the prior statutes or specific provisions which have been abrogated
by reason of the enactment of the new law.
• Saving Clause – restriction in a repealing act, which is intended to save rights, pending
proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal.
• Separability Clause – provides that in the event that one or more provisions or unconstitutional,
the remaining provisions shall still be in force.
• Effectivity Clause – announces the effective date of the law.
Kinds of Statutes
1. General Law – affects the community at large. That which affects all people of the state or all of a
particular class.
2. Special Law – designed for a particular purpose, or limited in range or confined to a prescribed field of
action on operation.
3. Local Law – relates or operates over a particular locality instead of over the whole territory of the state.
4. Public Law – a general classification of law, consisting generally of constitutional, administrative,
criminal, and international law, concerned with the organization of the state, the relations between the state
and the people who compose it, the responsibilities of public officers of the state, to each other, and to
private persons, and the relations of state to one another. Public law may be general, local or special law.
5. Private Law – defines, regulates, enforces and administers relationships among individuals,
associations and corporations.
6. Remedial Statute – providing means or method whereby causes of action may be effectuated, wrongs
redressed, and relief obtained.
7. Curative Statute – a form of retrospective legislation which reaches back into the past to operate upon
past events, acts or transactions in order to correct errors and irregularities and to render valid and effective
many attempted acts which would otherwise be ineffective for the purpose intended.
8. Penal Statute – defines criminal offenses specify corresponding fines and punishments.
9. Prospective Law – applicable only to cases which shall arise after its enactment.
10. Retrospective Law – looks backward or contemplates the past; one which is made to affect acts or
facts occurring, or rights occurring, before it came into force.
11. Affirmative Statute – directs the doing of an act or declares what shall be done in contrast to a negative
statute which is one that prohibits the things from being done or declares what shall not be done.
12. Mandatory Statutes – generic term describing statutes which require and not merely permit a course
of action.
Concept of Vague Statutes
Statues or act may be said to be vague when it lacks comprehensible standards those men “of common
intelligence must necessarily guess at its meaning and differ as to its application.
Statute is repugnant to the Constitution in two (2) respects:
1) It violates due process for failure to accord persons fair notice of conduct to avoid; and
2) It leaves law enforcers unbridled discretions.
The Supreme Court held that the “vagueness” doctrine merely requires a reasonable degree of
certainty for the statute to be upheld--- not absolute precision or mathematical exactitude. Flexibility,
rather than meticulous specificity, is permissible as long as the metes and bounds of the statute
are clearly delineated.
How Statutes are Repealed
1) Express repeal – is the abrogation or annulling of a previously existing law by the enactment of a
subsequent statute which declares that the former law shall be revoked and abrogated.
2) Implied repeal – when a later statute contains provisions so contrary to & irreconcilable with those
of the earlier law that only one of the two statutes can stand in force.
The repeal of a penal law deprives the court of jurisdiction to punish persons charged with a violation of the
old penal law prior to its repeal.
Only a law can repeal a law.
The intention to repeal must be clear and manifest, otherwise, at least, as a general rule, the later act is to
be construed as a continuation of, and not a substitute for, the first act.
2 categories of repeal by implication:
1) Repeal by irreconcilable inconsistency - Where provision in the two acts on the same subject
matter are in an irreconcilable conflict.
2) Repeal by intended substitute - If the later act covers the whole subject of the earlier one and is
clearly intended as a substitute – to be a complete and perfect system in itself. (RPC, Civil Code)
Ordinance
Test of Valid Ordinance
1) Must not contravene the Constitution or any statute;
2) Must not be unfair or oppressive;
3) Must not be partial or discriminatory;
4) Must not prohibit but may regulate trade;
5) Must be general and consistent with public policy; and
6) Must not be unreasonable.
Reason why an ordinance should not contravene a statute
Local councils exercise only delegated legislative powers conferred on them by Congress as the national
law-making body. The delegate cannot be superior to the principal.
How to pass an ordinance
1) Drafting the proposal.
2) First reading where the ordinance is introduced to the legislative body (City Councilors,
Municipal Councilors)
3) The draft is sent to the appropriate committee for further scrutiny.
4) At the second reading, the ordinance undergoes thorough examination, discussion, and
amendment. The responsible committee presents its findings and recommendations.
5) The third reading is the final legislative scrutiny of the ordinance. A final vote takes place.
6) Mayor’s approval; (only 10 days to do that); Municipal Mayor (only 10 days) SL Governor (15 days)
7) For MM, sent to Sangguniang Panlalawigan for review (30 days)
8) Veto: 2/3 of all the members can override President’s veto.
Application of Foreign Jurisprudence
Philippine laws must necessarily be construed in accordance with the intention of its own law
makers and such intent may be deduced from the language of each law and the context of other
local legislation related thereof.
Doctrine of Processual Presumption
- Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign
law is the same as ours.
DEL SOCORRO v. VAN WILSEM
G.R. No. 193707, December 10, 2014
FACTS: Del Socorro filed a petition seeking to reverse and set aside RTC-Cebu Orders which dismissed
the criminal case entitled People of the Philippines v. Ernst Johan Brinkman Van Wilsem, for violation of RA
No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004.
Norma Del Socorro filed a case against Ernst Johan Van Wilsem for his alleged unjust refusal to support
his minor child with petitioner which makes him liable under RA No. 9262, also known as the Anti-Violence
Against Women and Their Children Act of 2004.
Norma Del Socorro and Ernst Johan Van Wilsem got married in Holand, had a child together, and soon
afterwards, got divorced in Holland. Petitioner, together with their son, went back home to the Philippines,
with the respondent promising to support his child but to which he allegedly never did. Not long thereafter,
Van Wilsem came to the Philippines and remarried.
The respondent, on the other hand, contends that there is no sufficient and clear basis presented by
petitioner that she, as well as her minor son, are entitled to financial support, on the basis that he is an
alien, specifically a citizen of Netherlands, and therefore is not bound by Philippine national law.
RTC-Cebu dismissed the instant criminal case against respondent on the ground that the facts charged in
the information do not constitute an offense with respect to the respondent who is an alien. Thereafter,
petitioner filed her Motion for Reconsideration. The lower court denied.
Hence, this petition.
The Court took cognizance of the instant petition despite the fact that the same was directly lodged with the
Supreme Court, consistent with the ruling in Republic v. Sunvar Realty Development Corporation, which
lays down the instances when a ruling of the trial court may be brought on appeal directly to the Supreme
Court without violating the doctrine of hierarchy of courts.
ISSUE: Whether or not a foreign national has an obligation to support his minor child under Philippine law.
RULING: Yes. In view of respondent’s failure to prove the national law of the Netherlands in his favor, the
doctrine of processual presumption shall govern. Under this doctrine, if the foreign law involved is not
properly pleaded and proved, our courts will presume that the foreign law is the same as our local or
domestic or internal law.44 Thus, since the law of the Netherlands as regards the obligation to support has
not been properly pleaded and proved in the instant case, it is presumed to be the same with Philippine
law, which enforces the obligation of parents to support their children and penalizing the non-compliance
therewith.
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