JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S.

GUJILDE) LAMG
HOW TO DIGEST A CASE MODULE 1

FORMAT THE ESSENTIALS

1. Facts: What happened?
2. Issues: Focus on the aspects relevant to the Statutory Construction
subject Definition
3. Arguments of the Petitioner The art or process of discovering and expounding the
4. Arguments of the Respondent meaning and intention of the authors of the law where
5. Principle of Law Involved the same is doubtful with respect to its application to a
6. Decision of the SC case not explicitly provided for in the law

READING A CASE: Bottom-up Purpose

To ascertain the meaning and the intention of the
Bottom-up Logical Order legislature so that it may be enforced
1. What is the ruling?
2. Why was that the ruling? Scope
3. Whose argument made sense? Statutes where:
4. What were the facts behind the arguments? 1. Language is ambiguous;
2. Admits two or more constructions; or
SIMPLIFYING A CASE 3. Doubtful or obscure meaning
1. If it is not relevant, drop the:
a. Date Where there is no ambiguity in the words of a statute,
b. Name there is no room for construction
c. Venue
Ambiguity
What matters are the principles of the case Doubtfulness, duplicity, indistinctness, or uncertainty
of meaning
2. Tell it like an ordinary story
a. Keep it simple A law is ambiguous:
b. Focus on the gist 1. Where some of its words may refer to several
objects and the manner of their use does not
3. Principle of law involved: Focus on those disclose the particular object to which the
principles related to Statutory Construction words refer; or
2. When parties differ on what they claim to be
4. Ruling of the court the plain meaning of the law
5. One-liner that captures the essence of the case
Thus, statutory construction is the court’s remedy for
For Consolidated Cases ambiguity.
1. Focus on the topic that is relevant to the
subject Construction Interpretation
2. Find the case that contains that topic Takes meaning beyond Limits itself to what the
what the law presents law presents
Extrinsic aid Intrinsic aid

Binding Effect on Courts

General Rule
Neither the rules of construction nor legislative
construction are binding on courts

Exceptions
1. For rules of construction, when the statute
expressly provides

1
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
2. For legislative construction, when the classes of individuals whose rights are equally
legislative act amounts to prospective protected by law
operation
Where interpretation of a statute according to its
Legislative Construction exact and literal import results in mischief or
Legislature cannot preclude courts from interpreting contravenes clear legislative purpose, it should be
the statute differently, because: construed according to spirit and reason
1. Interpretation is a Constitutional power
granted to the judiciary; and A statute may be extended to cases beyond the
2. It violates the separation of powers literal meaning, provided that they adhere to its
spirit and intent
Though legislature adopts rules of statutory
construction as part of the provisions of some statutes, 3. Extravagant Interpretation
they may be ignored if its application would defeat Substitutes a meaning evidently beyond the true
legislative intent one

Bottom line: judiciary has final say Not genuine interpretation

Canon Law Judicial activism should never be allowed to

Does not bind the SC but it may influence the SC’s become judicial exuberance
decision through a persuasive effect
4. Free or Unrestricted Interpretation
Legislative Legislative Legislative Interpretation that proceeds simply on the general
Meaning Intent Purpose principles of interpretation in good faith not bound
Verba legis non Ratio legis est Ut magis valeat by any specific or superior principle
est anima quam pereat
recedendum 5. Limited or Restricted Interpretation
No departure Interpreted in The statute is Influenced by principles other than strictly
from the words accordance to be hermeneutical ones
of a statute with the intent interpreted as
of legislature a whole Legal Hermeneutics
Where the Where a Branch of science that establishes principles and
statute is clear, statute is rules of interpretation and construction of written
plain, and free ambiguous laws
from ambiguity
Referred to as exegesis when applied
Legislative Meaning + Legislative Purpose = Legislative
Intent 6. Predestined Interpretation
Interpreter, under a strong bias, subserves the text
KINDS OF INTERPRETATION to his preconceived views or desires
1. Close Interpretation
If just reasons, connected with the formation and Includes artful interpretation, by which the
character of the text, induce the interpreter to take interpreter seeks to give meaning to the text other
the words in their narrowest (literal) meaning than what he knows to have been intended

2. Extensive (or Artificial or Strained) Interpretation Remedies

Words of the statute bear a different meaning to 1. Compulsory Inhibition
avoid an absurd or unjust result Grounds include any case in which the judge or
judicial officer:
Statutes should be construed to carry out ends and a. Or his or her spouse or child, is
purposes pecuniarily interested as heir, legatee,
creditor, or otherwise; or
Blind adherence to laws must be disallowed if it
unjustly discriminates and oppresses certain
2
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
b. Is related to either party within the 6th Public animosity is not one of the grounds for
degree of consanguinity or affinity, or compulsory inhibition. The real issue is delicadeza.
to counsel within the 4th degree; or
c. Has been executor, administrator, 7. Authentic Interpretation
guardian, trustee or counsel; or Given by the legislator himself or herself and
d. Has presided in any inferior court obligatory on the courts
when his or her ruling or decision is the
subject of review 8. Customary (or Usual) Interpretation
Arises from successive or concurrent decisions of
Exception the court on the same subject matter
There is written consent of all parties in
interest, signed by them and entered upon AUTHORITY TO REVIEW OR CONSTRUE THE LAW
record Judicial power is vested in:
1. Supreme Court; and
2. Voluntary Inhibition 2. Lower courts as may be established by law
For just and valid reasons other than the
grounds for compulsory inhibition that are akin Supreme Court
or analogous to it Composition
1 Chief Justice
Aggrieved party may move to recuse or seek 14 Associate Justices
affirmative relief for inhibition of judge or
justice, provided that they are able to prove It may sit:
bias, bad faith, malice, corrupt purpose, or 1. En banc; or
prejudice with: 2. Divisions of:
a. Clear and convincing extrinsic a. Three;
evidence; in addition to b. Five; or
b. Palpable error inferred from the c. Seven
decision or order itself
Qualifications of Supreme Court Members
Every litigant is entitled to nothing less than the 1. Natural-born Filipino citizen;
cold neutrality of an impartial judge, and the law 2. At least 40 years old;
intends that no judge presides in any case in which 3. Been a judge of a lower court or practiced in
he or she is not wholly free, disinterested, impartial the Philippines for 15 years; and
and independent 4. Person of proven:
a. Competence;
Republic v. Sereno b. Integrity;
Duterte administration wanted to impeach Chief c. Probity; and
Justice Sereno who was an appointee of the Aquino d. Independence
administration. Lower house invited 4-5 justices of
the SC to testify against Sereno. However, the Jurisdiction of the Supreme Court
upper house is the one to decide the case. So, even 1. All cases involving constitutionality; and
if majority of the lower house were controlled by 2. All other cases which under the Rules of Court
Duterte, they could not impeach Sereno because are required to be heard by it
majority of the Senate were from liberal parties. To
circumvent this, the lower house created quo Appellate Jurisdiction
warranto and alleged that Sereno is ineligible to Reviews, revises, modifies, or affirms on appeal or
continue as Chief Justice on the grounds that she is certiorari final judgments and orders of lower courts in
lacking in integrity based on her inability to all cases in which constitutionality is in question
consistently file her Statement of Assets with the
UP. Sereno moved for inhibition of the justices that Unconstitutionality declared by the Supreme Court
testified against her due to predestined constitutes a precedent binding on all
interpretation. However, the justices did not
inhibit due to the invitation of the lower house and Expanded Jurisdiction
they secured permission from the SC en banc.
3
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
To determine whether any government branch or When the judiciary mediates to allocate constitutional
instrumentality gravely abused its discretion boundaries, it does not assert any superiority over
amounting to lack or excess of jurisdiction other departments

Grave Abuse of Discretion Although under the constitution, the legislative power
Capricious and whimsical exercise of judgment as is is vested exclusively in Congress, it does not detract
equivalent to lack of jurisdiction from power of courts to pass upon constitutionality of
legislative acts
Requisites
1. Exercised in an arbitrary or despotic manner by No regime of judicial supremacy reigns where requisite
reason of passion or personal hostility; conditions for exercise by the Supreme Court of its
2. Evaded a positive duty, or virtually refused to constitutionally vested power and duty of judicial
perform the duty enjoined; or review exist in full
3. Acted in contemplation of law
ESSENTIAL REQUISITES FOR JUDICIAL REVIEW
Traditional v. Expanded Concept of Judicial Review Supreme Court assumes jurisdiction over a
Traditional Concept Expanded Concept constitutional question only if it is shown essential
Settlement of conflicting Enable courts of justice requisites of judicial inquiry into such a question are
rights as conferred by to review the discretion first satisfied
law of political departments
of government 1. Ripeness or Actual Case or Controversy;
Actual Case or Controversy
Lower Courts Conflict of legal rights, an assertion of opposite
Qualifications of Lower Court Judges legal claims, susceptible of judicial resolution
Prescribed by Congress
Ripeness
Limitations: Act challenge has had a direct adverse effect on the
1. Filipino citizen; and individual challenging it
2. Member of the Philippine Bar
Requisites for Ripeness
Jurisdiction of Lower Courts (specifically RTC) a. Something had been accomplished or
Has jurisdiction to resolve constitutionality of a statute performed by either branch before a court
may come into the picture; and
Authorized as a court of general original jurisdiction b. Petitioner must allege existence of an
immediate or threatened injury to itself as
Unconstitutionality declared by inferior courts only a result of the challenged action
bind the parties in the case
The mere enactment of the questioned law or the
Judicial Review approval of the challenged action, the dispute is
Scope said to have ripened into a judicial controversy
Courts cannot entertain, much less decide, even without any overt act
hypothetical questions
Not necessary for cases within the purview of the
However, the judiciary has a duty to pass judgment on expanded jurisdiction of the SC
matters regarding acts of the other branches of
government without or in excess of jurisdiction or in Aspect of Ripeness
grave abuse of discretion, so they cannot evade it by a. Fitness of issues for judicial decision; and
claiming it constitutes a political question b. Hardship to parties entailed by
withholding court consideration
Framers of the constitution envisioned a proactive
judiciary A question is ripe for adjudication when the act
being challenged has had direct adverse effect on
Judicial Supremacy the individual challenging it

4
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
Procedural Shortcuts inquires whether
Justified where it involves issues of transcendental petitioner is the party
importance who benefits or is
injured by the
2. Locus Standi aka Legal Standing; judgement, or the
Definition party entitled to the
Right of appearance in a court of justice on a given avails of the suit
situation
Citizen as Petitioner
Personal and substantial interest in the case such The mere fact that petitioner is a citizen satisfies
that the party has sustained or will sustain direct requirement of personal interest
injury
Question is:
Direct Injury Test a. One of public duty and the enforcement of
a. Has been or is about to be denied some a public right; and
right or privilege to which he is lawfully b. People are the real party-in-interest
entitled; or
b. About to be subjected to some burdens or Citizen’s and Taxpayer’s Suit, Distinguished
penalties by reason of the statute or act Citizen’s Suit Taxpayer’s Suit
complained of Plaintiff is the mere Plaintiff is affected by
instrument of public the expenditure of
Exception concern public funds
Court has the discretion to waive the requirement
of locus standi where: Taxpayer as Petitioner
a. Petition crafts an issue of transcendental Where he claims:
significance; a. Public funds are illegally disbursed;
b. In view of its seriousness, novelty, and b. Public money is being deflected to
weight as a precedent; or improper purpose; or
c. Far-reaching implications c. There is wastage of public funds through
enforcement of an invalid or
Court permits ordinary citizens, legislators, and unconstitutional law
civic organizations to bring their suits involving
constitutionality or validity of laws, regulations, Transcendental Importance
and rulings Determinants:
a. Character of funds or other assets involved
The assertion of a public right as a predicate for in the case;
challenging a supposedly illegal or unconstitutional b. Presence of a clear case of disregard of a
executive or legislative action rests on the theory constitutional or statutory prohibition; and
that the petitioner represents the public in general c. Lack of any other party with a more direct
and specific interest
It is enough that the petitioner sufficiently
demonstrates in his petition that he is entitled to Legislator as Petitioner
protection or relief from the Court in the Allowed to question the validity of any official
vindication of a public right action he claims infringes his prerogatives as a
legislator
Exception to Exception
Failure to allege any interest in the case precludes Association as Petitioner
standing Has legal personality to represent its members,
especially when composed of substantial taxpayers
Locus Standi and Real Party-in-Interest, and the outcome affects their vital interests
Distinguished
Locus Standi Real Party-in-Interest Minors as Petitioners
Has constitutional Concept of civil May file a class suit when represented by their
underpinnings procedure that parents, who assert that they represent that
5
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
generation as well as generations yet unborn 4. Issue of constitutionality must be the very lis
(Concept of Intergenerational Responsibility) mota
Lis mota or crux of the controversy
Requisites for a Class Suit
When subject matter of controversy is one of If the record presents some other ground upon
common or general interest to many persons so which the court may rest its judgment, that course
numerous it is impracticable to join all as parties will be adopted and the constitutional question will
be left for consideration until a case arises in which
Marine Mammals as Petitioners a decision upon such question will be unavoidable
Given locus standi when represented by their legal
guardians and human friends collectively known as Constitutionality issues must be pleaded directly
stewards
Unless a law or rule is annulled in a direct
Inanimate Objects as Petitioners proceeding, legal presumption of its validity stands
May be parties in litigation
LIMITATIONS ON THE POWER OF JUDICIAL REVIEW
River as Petitioner Under American Jurisprudence
Those people with a meaningful relation to the Pillars
body of water may speak for the values it 1. The Court will not pass upon
represents and which are threatened with constitutionality of legislation in a friendly,
destruction non-adversary proceedings
2. It will not anticipate a question of
3. The question of constitutionality must be raised constitutional law in advance of the
at the earliest opportunity; and necessity of deciding it
Courts do not entertain constitutional questions 3. It will not formulate a rule of constitutional
unless specifically raised, insisted upon, and law broader than is required by the precise
adequately argued facts to which it is to be applied
1. Plaintiff or petitioner must raise the issue 4. It will not pass upon a constitutionality
in the complaint or petition; or question if there is also present some
2. Defendant or respondent in the answer other ground upon which the case may be
disposed of
Exceptions 5. It will not pass upon validity of a statue
a. Where statute sought invalidated did not upon complaint of one who fails to show
exist when complaint was filed or during he is injured by its operation
trial; 6. It will not pass upon constitutionality of a
b. At any stage of proceedings in criminal statue at the instance of one who has
cases; availed of its benefits
c. Where it clearly appears a determination 7. When validity of an act of Congress is
of question is necessary to a decision in drawn in question, and even if a serious
civil cases; and doubt of constitutionality is raised, it is a
d. Where it involves jurisdiction of lower cardinal principle that it will first ascertain
courts whether a construction of the statute is
fairly possible by which the question may
That constitutional questions were not raised be avoided
before does not justify refusal to hear when raised
later Categories
1. Absolute necessity
However, the Court cannot be goaded into 2. Rules of constitutional law shall be
resolving constitutionality issues that the formulated only as required
beneficiaries failed to assail after a long period of 3. Judgment may not be sustained on some
time and occurrence of numerous events and other ground
activities resulting from application of an alleged 4. Actual injury sustained by the party
unconstitutional legal provision 5. Parties are not in estoppel
6. Presumption of constitutionality
6
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG

Under Philippine Jurisprudence The Court merely defines what the law
The requisites for judicial review also serve as its is
limitations
b. Casus Omissus
Other Limitations Words or phrases may be supplied by
1. Separation of Powers courts and inserted in a statute where
Acts of Congress that are not subject to judicial necessary
review: i. To eliminate repugnancy and
a. Filing of bills; inconsistency;
b. Approval of bills; ii. To complete its sense; and
c. Reconciliation by the Bicameral iii. To effectuate legislative intent
Committee of approved bills; and
d. Approval into law of reconciled bills Do so only when
i. Omission is palpable; and
The Court cannot exercise its power of judicial ii. Omitted words are plainly
review over the internal processes or indicated by context or
procedures of Congress absent a clear violation verifiable form other parts of
of specific constitutional limitations or of the statute
constitutional rights of private parties
c. Correction of Clerical Errors
Judicial power does not include the power to The Court may correct clerical errors,
prescribe to Congress what laws to enact mistakes or misprints, which may
render statute meaningless, empty or
Otherwise, it destroys the system of checks nonsensical or defeats or impairs its
and balances intended operation, so long as:
i. The meaning intended is
2. Judicial Legislation apparent on the face of the
Engrafting upon a law something that has been whole enactment; and
omitted which someone believes ought to ii. No specific provision is
have been embraced abrogated

Supreme Court holds back itself when it sees d. Doctrine of Necessary Implication and
the line that separates judicial interpretation Inferences
from legislation Gaps in the law that develop as the law
is enforced must be filled in
An omission at time of enactment cannot be
judicially supplied even if wisdom recommends What is implied in a statute is as much
it a part of it as that which is expressed

The Supreme Court cannot correct what is No canon against using common sense
perceived as a mistake in its mandate nor read in construing laws as saying what they
into law something that is contrary to its obviously mean
express provisions and justify the same as
correcting a perceived inadvertence However, words may not be implied
where there is no plain necessity for
It cannot penalize where no law punishes it such implication

Exceptions 3. Doctrine of Political Question

a. Court-issued Guidelines Political Question
Supreme Court has the duty to Those questions that are to be decided by the
formulate guiding and controlling people in their sovereign capacity, or in regard
constitutional principles, precepts, to which full discretionary authority is
doctrines, or rules
7
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
delegated to legislative or executive branch of of facts, it adheres to that principle and applies
government it to all future cases where facts are
substantially the same
Concerned with issues dependent on wisdom
Legis interpretado legis vim obtinent
Constitution limits resort to political question Judicial interpretation has the force of law and
doctrine with the expanded jurisdiction of the establishes contemporaneous legislative
Court intent of law

The determination of a truly political question Exceptions

from a non-justiciable political question lies in Does not preclude the Court from reversing
whether there are constitutionally imposed decisions either because it changes its mind or
limits on powers or functions conferred upon it was not a binding precedent to begin with
political bodies
Subsequent Reversal
Truly Political Questions When there are powerful countervailing
i. Matters that have been textually considerations
committed by the Constitution to the
political departments Authority to Modify or Reverse
ii. Determination of impeachable offense No doctrine or principle of law laid down by the
iii. Budgetary allocation Court in a decision may be modified or
iv. Legislative declaration of presidential reversed except by the Court sitting en banc
inability
v. Basis for urgency of bills No retroactive effect

4. Legislative Wisdom Obiter Dictum

Courts are not supposed to override legitimate Judicial comment made while delivering a
policy, and courts never inquire into the judicial opinion unnecessary to the decision of
wisdom of the law the case and therefore not precedential
although it may be considered persuasive
Dura lex sed lex (The law is harsh, but that is
the law) Does not bind as a precedent
A court of law is no place for a protracted
debate on morality and propriety of a sentence Susceptible to varying interpretations

A government of laws, not of men, excludes Cannot be cited as a doctrinal court declaration
exercise of broad discretionary powers by
those acting under its authority Ratio Decidendi
Principle or rule of law on which a court’s
Judges are guided by the rule of law, and ought decision is founded or the rule of law on which
to protect and enforce it without fear or favor, a later court thinks that a previous court
resist encroachments by governments, founded its decision
political parties, or even interference of their
own personal beliefs May be a source of binding precedent

Remedies against the harshness of the law 6. Moot and Academic Principle
should be addressed to the legislature A moot and academic case is one that ceases
to present justiciable controversy by virtue of
5. Doctrine of Stare Decisis supervening events, so that a declaration on it
Art. 8 of the Civil Code would be of no practical use or value

Stare decisis et non quieta novere Courts generally decline or dismiss, however
When the Supreme Court once laid down a supervening events cannot prevent the
principle of law as applicable to a certain state
8
JD 11102 STATUTORY CONSTRUCTION NOTES (ATTY. F.G.S. GUJILDE) LAMG
judiciary from deciding if the Constitution is In most cases, the exercise of judicial restraint
gravely violated over justiciable issues is not an option

Exception To renounce jurisdiction would be a dereliction

a. There is grave violation of the of duty
Constitution
b. The exceptional character of the The Supreme Court cannot inhibit itself and
situation and the paramount public must rule even in cases where it is an
interest is involved interested party, because no other office has
c. When constitutional issue raised the authority to do so
requires formulation of controlling
principles to guide the bench, the bar, To disqualify the entire Supreme Court is to
and the public regard it as incapable of impartiality
d. The case is capable of repetition yet
evading review There can be no constitutional crisis arising
form a conflict, no matter how seemingly
7. Advisory Opinions irreconcilable it may appear to be, over the
It is not the function of the judiciary to give determination by the branches of government
advisory opinions, otherwise the Court lays of the nature, scope and extent of their
itself open to charge of presumptuousness respective constitutional powers where the
constitution itself provides for the means and
Advisory Opinion and Declaratory Relief, bases for its resolution
Distinguished
Advisory Opinion Declaratory Relief
Action by any person
interested under a
deed, will, contract or
other written
instrument, or whose
rights are affected by
a statute, ordinance,
executive order or
regulation to
determine any
question of
construction or
validity and for a
determination of his
or her rights or duties
A response to a Involves real parties
legal issue posed in with real conflicting
the abstract legal interests
Binds no one Final judgment
forever binding on
parties

8. Judicial Restraint
Even if Supreme Court can check the acts of the
President and the Congress, it does so with
great hesitation

Must sometimes yield to separation of powers,

doctrine on political questions, or the enrolled
bill rule
9