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Chapter 1: Statutes

A. In general
Law
! In its jural and generic sense refers to a
whole body or system of law
! A rule of conduct formulated and made
obligatory by legitimate power of the
state
! INCLUDES:
1. Statutes enacted by the
legislature
2. P.D. and E.O. issued by the
Pres. In the exercise of
executive power
3. Pres. Issuance in the exercise of
his ordinance powers
4. SC rulings
5. Ordinances passed by the
Sanggunians of LGUs
Statutes
! Is an act of the legislature as an
organized body, expressed in the form
and passed according to the procedure,
required to constitute it as part of the
law of the land.
! Statutes enacted by law are those
passed by the ff:
1. Philippine Commission
2. Philippine Legislature
3. Batasang Pambansa
4. Congress of the Philippines
! P.D. and E.O. same category and
binding force.
! Public and Private statutes: depends on
substance rather than on form
! Public statues can be classified into:
1. General: applies to the whole
state and to all people and
class.
2. Special: relates to a particular
person, thing of a class or
community, individual or thing.
3. Local: operation is confined in a
specific place or locality. e.g.
municipal ordinance.
! Based on Duration:
1. Permanent: operation not
limited in duration but continues
until repealed. No lapse of fixed
period or disuse.
2. Temporary: duration for a
limited period of time fixed in
the statute or ceases upon the
happening of an event.
! Other classes:
1. As to Application: prospective or
retroactive
2. Operation:declaratory,curative,
mandatory,directory,
substantive, remedial and penal.
3. Forms: affirmative or negative
! Statutes are consecutively numbered
and identified by the authorities that
enacted them.
1. Phil. Com and Phil. Legislature
from 1901-1935: PUBLIC ACTS
2. Commonwealth from 1936-
1946: COMMONWEALTH ACTS
3. Congress from 1946-1972 and
under 1987 const. : REPUBLIC
ACTS
4. BATASANG PAMBANSA
5. P.D. AND E.O. also serially
numbered.

B. Enactment of Statutes
! Steps and actions taken and words and
language used to enact statutes are
important part of the legislative history
and it is important in ascertaining
Legislative intent in the interpretation of
ambiguous provisions of law.
Legislative Power of the Congress
! Power is vested in the Congress, Art. VI
Sec. 1 of the Constitution
! Composed of the Senate and the House
of Representatives (both chambers)
! Power to make, alter and repeal laws.
(explicitly provided in the Consti.)
! Broad, general and comprehensive
! Embraces all subjects and extends to
matters of general concern or common
interest.
! House: sensitive to local needs and
problems e.g. taxation
! Senate: approach from national
perspective
! The grant of legislative power means a
grant of all legislative power (executive
and judiciary)
! Legislation is vast: e.g. Article II consti-
nonself executing which needs further
legislation.
! Self-executing: does not necessarily
prevent congress from enacting
legislations within their confines,
penalties and supply minor details.
! Non-Self-executing: requires Congress
to enact enabling legislations.
Procedural requirements in enacting a law
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! Only in a manner which the Constitution
requires and in accordance with the
procedures provided.
! Congress also provides requirements
aside from Constitutional requirements.
! Rules of both houses of Congress:
procedure rules. Pursuant to the
constitutional provision empowering it to
determine its rules of proceedings.
! Mere violation of internal rules without
violation of the Constitution or rights of
the individual : law may not be declared
UNCONSTITUTIONAL.
! Courts could not interfere, since they
are procedural, rather it is subject to the
modification or revocation of the body.
STEPS in the passage of a BILL to LAW
! Bill is a proposed legislative measure
proposed by a member/s of Congress
fro enactment into law.
! Signed by authors and passed to the
Secretary of the House
! Either from the upper or lower house
except appropriations, revenue, or tariff
bills, inc. of public debt, private and bills
of local application which shall originate
from House of Rep.
1. First reading
- reading of number and title
of the bill
- referral to appropriate
committee fro study and
recommendation
- Committee may hold public
hearings on the proposed
measures and submit its
report and recommendation
for Calendar for second
reading.
2. Second reading
- bill shall be read in full with
amendments proposed by
the committee.
- Bill subject to
debates,pertinent motions
and amendments.
- Vote on the second reading
- If approved will be included
in the Calendar of bills for
third reading.
- On third reading, submitted
for final vote by yeas and
nays.
3. Third reading
- Art. VI sec. 26(2): bill is
approved by either house of
it has gone three (3)
readings on separate days,
printing and distribution of
copies three days before
passage
- Except if the President
certifies necessity,
requirements can be
dispensed with.
- Upon last reading, no
amendment thereto shall be
allowed and vote shall be
entered in the journal.
- Presidential certification not
subject to judicial review for
it merely involves
procedural req. designed to
insure bills are duly
approved by members of
Congress.
4. Conference Committee reports
- submitted to the other
House for concurrence.
- If approved by the other
house without amendments,
the bill is passed by the
Congress and is transmitted
to the President for
appropriate action.
- If other house introduce
amendments and the House
from which it originated did
not agree it will be settled in
the CONFERENCE
COMMITTEES of both
chambers. Report or
recommendation shall be
approved by both houses.
- CONFERENCE MEETINGS as
provided in the Rules of
Senate and House is a
mechanism for
compromising differences
between the Senate and the
House in the passage of the
bill into law.
- CM may deal generally with
the subject matter,
unexpected results , beyond
its mandate, it can include
in its report a new
provisionreferred to as
THIRD BODY OF
LEGISLATURE.
- 3 versions of the bill: from
the house, senate and the
conference committee.
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- If amendments of CC
approved by both houses
then its the final version:
conclusive under the
doctrine of enrolled bill, that
will be submitted to the
President for approval.
- REQUIREMENT of readings
does not apply to the CC
reports, the only
requirement is the approval
of both houses.
5. Authentication of bills
- law making process of the
Congress ends when the bill
is approved of the body.
- Before passing to the
President for consideration,
the bill is authenticated.
- AUTHENTICATION: signed
by the Speaker and Senate
President of the printed
copy of the approved bill,
certified by the respective
secretaries of both houses.
6. Presidents approval or veto
- Constitution : every bill
passed by congress shall be
presented to the President.
- If he approves, he shall sign
it.
- If he doesnt he shall veto it
and return it to the house
where it originated.
- The House shall enter
objections in its journal and
proceed to reconsider it
- If 2/3 of the house where
the bill originated shall
agree to pass the bill it shall
be sent to the other house
and if approved by 2/3 of
that house it shall become a
law.
- Votes of both houses shall
be determined by yeas and
nays and members voting
against it shall be recorded
in the journal.
- President shall communicate
his veto to the House where
the bill originated within 30
days after date of receipt
thereof, otherwise it shall
become a law as if he
signed it.
! BILL becomes LAW in 3 ways:
- when President signs it
- when President does not
sign it nor communicate his
veto within 30 days
- when vetoed bill is repassed
by Congress by 2/3 vote of
all its members, each house
voting separately.
C. Parts of Statutes
! Preamble
- a prefatory statement or explanation
or a finding of facts, reciting the
purpose, reason, or occasion for making
the law.
- found after the enacting clause before
the body of the law
- legislature seldom put it in statutes
because the purpose is stated in the
explanatory note.
-P.D and E.O. generally have Preambles,
it plays an important role in the
construction.

! Title of statute
- Constitution: every bill passed by
Congress shall embrace only one subject
which shall be expressed in the title
thereof
-mandatory and a law enacted in
violation is UNCONSTITUTIONAL.
- dual limitations: 1. Legislature to
refrain from conglomeration, under one
statute of heterogeneous subjects. 2.
Title of the bill should be sufficient
enough to notify the legislators and the
public of the single subject.
a) Purpose of title requirement
-principal purpose is to inform
the legislators of the object,
nature and scope of the
provisions of the bill and to
prevent enactment into law of
matters which have not been
discussed by the legislators.
-Aims to: prevent log-rolling
legislation, prevent surprise or
fraud upon the legislature and
to fairly inform the people.
- prevents riders which is a
provision not germane to the
subject matter of the bill.
-Title is also used to determine
legislative intent in the case of
ambiguity in the meaning and
scope of the statute.
-TITLE not required to be an
index to the body or to be
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comprehensive as to cover
every single detail. It is enough
that it fairly indicates the
general subject and reasonably
cover all provisions of the act so
as not to defraud the legislators
or the people.
- one title-one subject rule.
The Court is liberal rather than
technical.
b) Subject of repeal of Statute
- If the title of an act embraces
only one subject, it was never
claimed that every other act
which it repeals or alters by
implication must be mentioned
in the title of the new act.
c) How requirement of title
construed
- should be liberally construed
- should not be given a
technical interpretation.
- Nor its should be too narrow
so as to cripple or impede
the power of legislation.
- If theres doubt to the titles
sufficiency it should be in
favor of the constitutionality
of the statute.
- Trend in cases as to
construe it in such a manner
that the courts would not
interfere in the legislation.
d) When requirement not
applicable
-requirement of one bill one
subject is embodied in the 1935
Constitution and reenacted in
the 1973 and 1987 Const.
- requirement only applies to
bills which maybe enacted into
law.
-It is not applicable to laws in
force and existing at the time
the 1935 Constitution took
effect.
e) Effect of insufficiency of title
- title in violation of the
constitutional requirement is
null and void.
- Subject matter is not
sufficiently expressed in the
title, that portion therein is
void, which leaves the rest
in force, unless both
invalidity are inseparable
both are void.
! Enacting Clause
- written immediately after the title,
which states the authority by which the
act is enacted.
-PC,PL by authority of the US, be it
enacted by the Pl/PC. When PL became
bicameral be it enacted by the Senate
and HR of the Phil. In legislature
assembled and by authority of the
same.
-Commonwealth : be it enacted by the
national Assemble of the Philippines
changed to be it enacted by the senate
and HR in Congress assembled.(used up
to now)
- batasang pambansa: be it enacted by
the BP in session assembled.
-P.D. Now therefore, I ____, Pres. of
the Phil., by virtue of the powers in me
vested by the Constitution, do hereby
decree as follows:
-E.O. Now, therefore, I _____, hereby
order.

! Purview or body of statute
- tells what the law is about
- should have one subject matter only-
constitutional requirement.
-contains: a short title, policy section,
definition section, administrative sec.,
sections prescribing standards of
conduct, section imposing sanctions for
violation, transitory prov., separability
clause, repealing clause and effectivity
clause.

! Separability Clause
- states that if any provision of the act is
declared invalid, the remainder shall not
be affected.
- clause is not controlling, courts may
invalidate it.
-Presumption: legislature intends the
statute to be effective as a whole and
would not have passed it if it had
foreseen that some parts are invalid.
-effect of the clause is to create in the
place of such presumption the opposite
one of separability.

! Repealing Clause
- The power to declare a law
unconstitutional does not lie with the
legislature but with the COURTS.
! Effectivity Clause
- provision when the law takes effect.
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- usually it shall take 15 days from
publication in the O.G. or newspaper of
gen. circulation.

Meaning of Certain Bills originating from the
lower house.
- can only originate from the lower
house, but the senate may propose or concur
with amendments (Sec.24)
- initiative for filing revenue,tariff, or tax
bills, bills authorizing inc. in public debt etc.
must come from the House of Representatives
on the theory that they are elected as they are
from districts.They are expected to be more
sensitive to the locality needs.
- Senators : national perspective.
- Senate: concur amendments and
propose amendments may result in writing a
distinct bill substantially different from that
which originated from the lower house. Senate
cannot be denied of that power for it will violate
the co-equality of the Senate and HR.
- Legislative Power vested in the
Congress of the Philippines consisting of the
Senate and the HR.

Enactment of budget and appropriations law
Budget process:
1. Budget Preparation
2. Budget Authorization
3. Budget Execution
4. Budget Accountability
- after approval of the proposed budget by the
DBM, the same shall be submitted to the
Congress for evaluation and inclusion in the
appropriations law.
- General Appropriation bill is a special type of
legislation contains limited specified sums of
money dedicated to a specific purpose.
- power of appropriation- how money shall be
spent.
-enactment of an appropriation bill shall follow
the usual route of an ordinary bill.

Restrictions in passage of budget or revenue bill
Sec. 25 Article VI :
1. Budget Preparation by the President
and submission to the Congress.
- Congress may not increase
appropriations
- The form, content and
manner of preparation of
the budget shall be
prescribed by law
- power of the purse
belongs to the Congress
subject only to the veto of
the President.
- President may propose the
budget but final say is with
the Congress.
- Power of appropriation
carries with it the power to
specify the project or
activity that shall be funded.
- It can be as broad or as
detailed as the Congress
would want it.
2. Each provision must relate
specifically to particular
appropriation.
- prevents inappropriate
provisions refers to
unconstitutional provisions-
President may validly veto.
- repeal or amendment,
provisions preventing the
president the right to
reduce spending, rider
provisions etc. shall not be
included in the
appropriation bill. e.g. fiscal
autonomy(freedom from
outside control) of LGUs
3. Procedure in approving
appropriations
-same procedures for approving
appropriations in other departments.
4. Special appropriation bill to specify
purpose
5. Restriction on transfer of
appropriation
-gen. rule: No law shall be passed
authorizing any transfer of
appropriations.
- exception: Pres. Senate P., Speaker of HR, CJ,
head of ConCom may by law be authorized to
augment any item within their respective offices.
-The appropriations law may contain provisions
authorizing them to do so.
-President or Speaker will give approval.
1. funds to be transferred are actually
savings from expenditures
2. transfer is for the purpose of
augmenting the items of expenditures to which
transfer is to be made.
- the express mention of officials prevents
legislature from granting other officials to realize
savings from their offices.

6. Discretionary Fund requirements
- shall be disbursed for public purposes
to be supported with appropriated vouchers and
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subject to such guidelines as may be prescribed
by law.

7. Automatic Re-enactment of Budget
- if congress failed to pass gen.
appropriations bill for the ensuing fiscal year,
the app.bill for the preceding year shall be
deemed reenacted until the gen. app. Bill is
passed by the Congress.

8. Presidents veto power
- President shall have the power to veto
any item or items in the appropriation bill and
the veto shall not affect the items he didnt
object.
- he may veto any particular item and
any inappropriate provisions in the bill.
-item refers to details, distinct and
several parts of the bill. specific appropriation of
money and not some general provision of law.
-President shall either disapprove the
whole item or not at all.

9. No public funds to be spent except by law
-No money shall be paid out of the
Treasury except in pursuance of an
appropriation made by law.

10. NO public money or property for religious
purposes.
- except when such priest is assigned to
the armed forces, or to any penal institution or
govt orphanage or leprosarium.
- provision does not apply to temporary
use of public streets or places which are open to
public.
e.g. church given free use of water supply and
printing of commemorative stamps.

11. Money for special purpose
-special purpose=special fund, if project
is already fulfilled the remaining balance shall be
transferred to the general funds of the
government.

12. Highest budgetary priority to
education,directory.
-Art. XIV Section 5(5)
- provision is merely directory.
- It does not tie the hands of the
Congress to respond to the imperatives of the
national interest and for the attainment of other
state policies or objectives.

Rules and records of legislative proceedings
-Article VI: each house shall keep a journal of its
proceedings and publish the same except such
parts that may affect national security.
- record of votes shall be recorded at the
request of 1/5 of the members present.

Power to issue its rules of proceedings
- cannot ignore constitutional restraints or
violate fundamental rights
- reasonable relation between between the
mode or method of proceedings established by
the rules and the result which is sought to be
attained.
-if rules of proceedings if violated restrictions in
the enactment of law, it maybe declared
unconstitutional for not being in accordance with
internal rules.
- if internal rules violate the constitution,
fundamental rights and the same have no
reasonable relation maybe declared
unconstitutional. (see cases p. 25)
- The power to make rules is not one which
once exercised is exhausted. It is a continuous
power, always subject to be exercised by the
House and within the limitations suggested,
absolute and beyond the challenge of any other
body or tribunal.
TEST:
1. that it did not ignore any
constitutional restraint.
2. It did not violate any fundamental
right
3. Its method had reasonable
relationship with the result sought
to be attained.

Unimpeachability of legislative journals
- Journal is regarded as conclusive with respect
to matters that are required by the Constitution
to be recorded therein.
-With respect to other matters, in the absence of
evidence to the contrary, the journals have been
accorded conclusive effect.
-Imperative reasons of public policy require that
the authenticity of laws should rest upon public
memorials of the most permanent in character.
- they should be public since all are required to
conform with them. They should also be
permanent.
- in case of conflict between enrolled bill and the
legislative journals, the former should prevail
except as to matters that the constitution
requires to be entered in the journals such as
the votes, objections of the President and the
names of the members voting.

Enrolled bill
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- bill that is passed by congress, authenticated
by the Speaker and Senate President and
approved by the President.
- deemed binding on the courts
- enrolled bill doctrine : the signing of the bill
by the speaker and the Senate President and
the certification of both secretaries of the house
are conclusive of its due enactment.
- enrolled bill carries on its face a solemn
assurance by the legislative and executive
departments of the government.
-Courts cannot go behind the enrolled act as a
respect to the co-equality of the other two
branches.
- amendment is the remedy by enacting curative
legislation rather than judicial decree.
- legislative journals and the enrolled bill are
both conclusive upon the courts.

Withdrawal of authenticity, effect of.
- Speaker and president may withdraw if there is
discrepancy over the text of the bill as
deliberated in the legislature and shown by the
journal and that of the enrolled bill.
- Withdrawal : nullifies the status of the enrolled
bill.
- if upon checking in the journal the approved
amendments were not incorporated in the
printed text ,the court can declare that the bill
has not been duly enacted and did not
accordingly become a law.

Summary of Rules

Arroyo v. de Venecia
Issue:
Enactment of R.A. No. 8240 allegedly
violated the internal rules of procedure of the
house rather than constitutional requirements
for the enactment of law

Held:
Courts could not inquire since there was
no violation of constitutional requirements.

Osmena v. Pendatun
-Mere failure to conform to parliamentary usage
will not invalidate the action taken by the
deliberative body when the requisite number of
members have agreed to a particular measure.

U.S. v, Ballin, Joseph & Co.
-The power to make rules is not one which once
exercised is exhausted
-The Constitution empowers each house to
determine its rules of proceedings. It may not by
rules ignore constitutional restraints or violate
fundamental rights, and there should be a
reasonable relation between the mode or
method of proceeding established by the rule
and the result which is sought to be attained.

D. Issuances, Rules and Ordinances

! Presidential issuances
- issued by the President in the exercise of his
ordinance power.
-includes E.O., A.O., proclamations,
memorandum orders, memorandum circulars
and general or special orders. These issuance
have the force of law.

Executive order
-provides for rules of a general or permanent
character in implementation or execution

Administrative Orders
- relates to a particular aspect of governmental
operations in pursuance of duty of admin. head

Proclamations
-fixing a date or declaring a status or condition
of public moment or interest

Memorandum Orders
- matters of administrative detail or subordinate
or temporary interest which concern only a
particular office or officer

Memorandum Circulars
-matters relating to internal administration.

General or special orders
-commands of the President as the Commander-
in chief of the AFP

OPLE vs. Torres

Issue: seeks to nullify A.O.308 Adoption of a
National Computerized Identification Reference
System

Held: A.O. 308 is not a mere administrative
order but a law. It goes beyond the power of
the President to issue.
it is usurpation of the power of congress
to legislate
it impermissibly intrudes on our
citizenrys protected zone of privacy.

1.21. Administrative Rules and
regulations: can partake the nature of a
statute.
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Rules- should be germane to objects and
purposes of the law
Regulations- should conform to standards that
law prescribes
*both should be for the purpose of carrying into
effect the general provisions of the law

In case of discrepancy: basic law prevails over
rules and regulations
(A statute is superior to an administrative
regulation and the former cannot be repeals or
amended by the latter.)
rule making power of public administrative
agency: delegated power, cannot be used to
enlarge power beyond the intended scope
-a rule/regulation which restricts/enlarges
statute is invalid
it is essential that a law:
a.) be complete in itself
b.) fix a standard (marks limits)

adequate standards of rules and regulations:
simplicity, dignity, public interest; public welfare;
interests of the law and order; justice, equity,
and substantial merit of the case; and adequate
and efficient instruction
In Cemco Holdings, Inc. v. National Life
Insurance Co., GR No. 171815 (Aug.7, 2007):
rules and regulations are defined (similar
definition as above)
-The rule-making power must be confined to
details for regulation of 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.
Illustration I:
Facts: Home Development Mutual Fund or PAG-
IBIG FUND provides that waiver/suspension of
coverage may be granted in favor of employer
and/or employee group who have their own
provident/retirement and/or employee housing
plans
Board of HDMF deleted the word OR from the
law
Held: by deleting the word or, the board
exceeded its rule-making power by amending
the law, rendering said rules null and void
Illustration II
Facts: Sec. 6, R.A. No. 6646 specifies a provision
on election: proclamation shall be suspended
notwithstanding the fact that he received the
winning number of votes in such election
Sec. 5, Rule 25 of Rules of Procedure changed
the word may to shall in the said Rule
Held: it was improper for COMELEC to have
used shall instead of may in said Rule
-being merely an implementing rule, the same
must not override but instead remain consistent
and in harmony with the law it seeks to apply
and implement
1.22. Illustrative cases on validity of
executive orders, rules and regulations.
Case 1 Exec. Sec. v. Southwing Heavy
Industries, Inc., GR No. 164171
Issue: Whether or not the EO banning the
importation of used vehicles through Free Trade
Zone is valid.
Requisites of administrative issuance:
a.) promulgation must be authorized by
legislature
b.) must be promulgated in accordance with
prescribed procedure
c.) must be within the scope of the authority
given by the legislature
d.) must be reasonable

Sec 28 (2), Art VI of the Constitution-
delegation of legislative powers to the
President: Congress may, by law, authorize
the president to fix within specified limits, and
subject to such limitations and restrictions as it
may impose, tariff rates, import and export
quotas, tonnage and wharfage sues and other
duties or imposts within the framework of the
national development program of the
government.

Relevant statutes to execute this provision are:
a.) Tariff and Customs Code authorizes
the president in the interest of national
economy/security, to prohibit
importation of any commodity
b.) Executive Order No. 226 (Omnibus
Investment Code of the Phil.)
empowers the president to approve or
reject the prohibition on the importation
of any law equipment or raw materials
c.) RA No. 8800 (Safeguard Measure Act)
designated secretaries of DTI and DAR,
as implementing authorities of
safeguard measures including the
modification or imposition of any
quantitative restriction on import of
products

-there are explicit constitutional statutory
permission authorizing the President to ban or
regulate importation of articles and commodities
into the country

held: the subject matter of the law authorizing
the President to regulate or forbid importation of
used motor vehicles, is the domestic industry.
EO 156 exceeded the scope of its application by
extending the prohibition on the importation of
used cars to Freeport.

- the inclusion of the said zone is an invalid
modification of RA 7227. When the application
of administrative issuance modifies existing laws
or exceeds the intended scope, the issuance
becomes void, not only for being ultra vires, but
also for being unreasonable.

Case 2: DAR vs. Sutton (GR No. 162070)

Issue: Whether DAR A.O. No. 9 fixing the
retention limits of land devoted to livestock
farming is constitutional.
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Held. DAR A.O. No. 9 is unconstitutional. The
fundamental rule in administrative law is that
administrative rules and regulations must be
issued by authority of a law and must not
contravene the provisions of the Constitution.

A.O No. 9 is invalid as it contravenes the
Constitution. DAR has no power to regulate
livestock farms which have been exempted by
the Constitution from the coverage of Agrarian
reform. It has exceeded its power in issuing the
assailed A.O.

Case 3: Maxima Realty Management and
Dev. Corp. v. Parkway Real Estate Dev.
Corp. (GR No. 136492)

Issue: Whether an administrative rule
prescribing a period of 30 days to appeal a
decision to the Office of President prevails over
a presidential decree providing that appeal from
such agency to the office of the president is 15
days

Ruling: The Presidential Decree, which is the
law, prevails and the administrative rule is void

--procedure no longer holds true for being in
conflict with the provisions of aforesaid
presidential decrees.
--administrative rules derive their validity from
the statute that they intended to implement
--any rule which is not consistent with statue is
null and void

1.23. Administrative rule and
interpretation distinguished.
Administrative rule- rules promulgated pursuant
to law and are binding on courts
Administrative interpretation- is merely advisory;
courts determine what law means
1.24. Supreme Court rule-making power:
power to promulgate rules concerning
protection, enforcement of Constitutional rights,
pleading, practice and procedure in all courts,
admission to law, IBP and legal assistance to
underprivileged.
-provided in Sec.5(5), Art VIII and
complemented with Sec 30, Art VI: No law shall
be passed increasing the appellate jurisdiction of
the SC as provided in this Constitution w/o its
advice and concurrence
-includes the power to repeal procedural laws
legislature: may enact substantive and
procedural rules
Supreme Court: does not have the power to
promulgate substantive rules

Procedural judicial process for enforcing rights
and duties recognized by substantive law, justly
administering remedy
Substantive if it takes away vested right or if
the rule creates right such as right to appeal
1.25. Legislative power of local
government units: power of legislative bodies
to enact ordinances (barangay, municipal, city
and provincial)
Lagcao v. Labra, GR 155746:
For an ordinance to be valid, it must be:
a.) within the corporate powers of the city/
municipality to enact
b.) be passed according to procedure prescribed
by law
c.) must be in accordance with well-established
basic principles of a substantive nature

Principles require that an ordinance:
-Must not contravene the Constitution or any
statute
-Must not be unfair or oppressive
-Must not be partial/discriminatory
-Must not prohibit but may regulate trade
-Must be general and consistent with public
policy
-Must not be unreasonable

1.26. Barangay Ordinance: subject to review
by sangguniang bayan (SB) /panlungsod to
determine consistency with municipal/city
ordinance.
Sangguniang barangay (SB): smallest legislative
body; may pass an ordinance affecting a brgy by
majority vote of members
SB/SP Will take action 30 days from submission
or else, it will be deemed approved
If found inconsistent with municipal/city
ordinance, its effectivity is suspended
1.27. Municipal Ordinance.
Sangguniang Bayan has the power to enact and
majority of members should vote for the
passage of any ordinance
Municipal mayor will take action 10 days
after receipt and should return either with
approval or veto; Likewise, it shall be deemed
approved
2/3 vote of SB will veto the mayor, and
ordinance shall be submitted to sangguniang
panlalawigan (SP)
Sangguniang Panlalawigan within 30 days shall
invalidate in whole/in part; likewise, it shall be
deemed final
1.28. City Ordinance.
Sangguniang panlungsod has the power to pass
city ordinance and majority of members should
vote for the passage of any ordinance
City mayor will take action 10 days after
receipt and should return either with approval or
veto; Likewise, it shall be deemed approved
2/3 vote of sangguniang panlugsod will veto the
mayor, and ordinance shall be submitted to
sangguniang panlalawigan (SP)
SP within 30 days shall take action; otherwise, it
shall be deemed final
1.29. Provincial Ordinance.
Sangguniang panlalawigan legislative body of
a province that enacts ordinances affecting the
province through majority vote
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Governor, within 15 days from receipt shall
approve or veto; otherwise, it will be deemed
approved
Vetoed ordinance may be repassed by SP by 2/3
vote of all members
E. VALIDITY OF STATUTE
1.30. Presumption of Constitutionality
-every statute is presumed valid as respect to
the integrity of legislature and chief executive
-to declare a law unconstitutional, it must be
clear showing that what the fundamental law
condemns or prohibits, the statute allows it to
be done
-there must be a clear and unequivocal breach
of the Constitution, not a doubtful and
argumentative implication
-Supreme Court has the final authority to
declare a law unconstitutional
-every Court is charged with the duty of
purposeful hesitation before declaring the law
unconstitutional on the theory that a the
measure was first carefully studied by the
executive and legislative dept. and determined
by them to be in accord with fundamental law
before it was finally approved
1.31. Requisites for exercise of judicial
power
Requisites, as a rule, that should be present:
a.) existence of an appropriate case
b.) an interest personal and substantial by the
party raising the constitutional question
c.) plea that the function be exercised at the
earliest opportunity
d.) necessity that the constitutional question be
passed upon in order to decide a case

1.32. Appropriate Case: should be justifiable
controversy for it to be deemed a bona fide case
-controversy is justifiable if it refers to a matter
which is appropriate for court review; and is
susceptible of being decided on grounds
recognized by law
-political questions are issues dependent upon
the wisdom and not legality of a particular act or
measure being assailed; thus, courts hesitate
to rule on them
1.33. Standing to Sue.
Legal Standing/locus standi: personal and
substantial interest in the case such that a party
has sustained or will sustain direct injury as a
result of governmental act
Interest material interest, an interest in issue
affected by the decree
-without such direct injury, the petition
challenging the validity of a law states no cause
of action and should be dismissed
Taxpayers suit: taxpayer has standing to raise
constitutional issue when it is established that
public funds have been disbursed in alleged
contravention of the law or the Constitution
-to restrain public officials from wasting public
funds
-not every person/taxpayer can question the
constitutionality of a law. A person must show
that he has sustained or is immediate danger f
sustaining some direct injury as result of
enforcement
-whether or not the court will entertain the suit
is a matter of judicial discretion
-member of the Senate or House of
representatives has the legal standing to
question the validity of presidential veto
-the Supreme Court may take cognizance of a
suit which does not satisfy the requirement of
legal standing
-when the issue is of transcendental importance
to the people, the Court may brush aside
technicalities of procedure
-constitutional issues deserve the attention of
the Court in view of their seriousness, novelty
and weight as precedents
Tatad v. Secretary of Department of
Energy: The courts, as guardians of the
constitution, have the inherent authority to
determine whether a statue enacted by the
legislature transcends the limit imposed by the
fundamental law.
1.34. When to raise constitutionality.
-constitutional questions will only be entertained
by courts if they are specifically raised, insisted
upon and adequately argued
-when an act of the President is seriously
alleged or have infringed the Constitution and
the law, settling the dispute becomes the duty
and responsibility of the courts
1.35. Necessity of deciding
constitutionality.
-the court will not pass upon the validity of a
statute if it can decide the case on some other
grounds
-if the constitutional question is unavoidable, the
court should confront the question and decide
the case on the merits
1.36. Summary of Essential Requisites for
Judicial Review
Francisco vs. HRET, GR No. 160261
summarized essential requisites for judicial
review:
The courts power of judicial review is subject to
several limitations namely:
a.) actual case or controversy calling
for the exercise of judicial power
b.) person challenging the act must
have standing the challenge
c.) the question of constitutionality
must be raised at the earliest
possible opportunity
d.) issue of constitutionality must be
the very list mota of the case
lis mota maxim of adjudication that
an issue assailing the constitutionality of
a governmental act should be avoided
whenever possible
Standing is a special concern in Consti law
because some case suits are brought upon not
by parties who have been personally injured by
the operation of the law but by concerned
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citizens, taxpayers or voters who sue for public
interest
when suing as a:
1.) citizen, the interest should be direct
and personal; must show that the law or
government act is invalid and that he is
in imminent danger of sustaining direct
injury as result of enforcement
-must appeal that he has been/about to
be denied right or privilege; assertion of
public right
2.) taxpayer, should claim that public
funds are illegally disbursed, deflected
to any improper purpose and wastage of
public funds through enforcement of
invalid law
3.) legislator, should question the
validity of any official action which he
claims infringes his prerogatives as
legislator
4.) class suits (filed in behalf of all
citizens), person intervening must be
sufficiently be numerous to fully protect
the interests of all concerned
rule on real-party-interest (civil procedure):
whether he is the party who would
benefited/injured by the judgment or party
entitled to the avails of the suit
rule on standing (constitutional underpinnings):
require a partial reconsideration of the merits,
broader policy concerns relating to the proper
role of the judiciary in certain areas
determinants of transcendental importance of an
issue:
!,- the character of the funds/other
assets involved in the case
#,- presence of a clear case of
disregard of a constitutional or
statutory prohibition by the public
respondent agency or
instrumentality of the government
$,- lack of any party with more direct
and specific interest in raising the
questions being raised
In motions of intervention, Rule 19, Sec. 2 of
the Rules of Court requires an intervenor to
possess a legal interest in the matter in
litigation
In Francisco v. HRET:
-petitioner, invoked their rights as citizens to
intervene alleging that they will suffer if this
insidious scheme of minority members of HRET
is successful.
-Jaime Sorianos motion to intervene is denied
because of failure to meet standing requirement
to bringing taxpayer suit
-He also failed to allege that the act of
petitioners will result to illegal disbursement of
public funds
Ripeness and prematurity
In Tan v. Macapagal, Chief Justice Fernando
held that a case is ripe for adjudication if it
is a prerequisite that something had by then
been accomplished or performed by either
branch before a court may come into the
picture
Senate Pres. Jovito Salonga opines that
petitions are premature if there is no urgent
need for Court to render decision and that all
remedies in the House and Senate should be
first exhausted
Justiciability
In Tanada v. Cuenco, CJ Roverto Concepcion
defined political question as questions
under the Consti, which are to be decided by the
people in their sovereign capacity, or in regard
to which full discretionary authority has been
delegated to the legislature/executive branch of
the government
. political question is concerned with
issues dependent upon wisdom, not
legality, of a particular measure
. judicial power is not only power but is
also a duty which cannot be abdicated
by the mere specter of political question
doctrine
. political question doctrine neither
interposes an obstacle to judicial
determination of rival claims
. allocation of constitutional boundaries is
a task that the court must perform
under the Constitution
. CJ Concepcion said that there are two
species of political question:
a.) truly political questions:
beyond judicial review
because of the reason for
respect of the separation of
powers
b.) not truly political questions
. standards of determining political
questions
a.) textually demonstrable
constitutional commitment
of the issue to a coordinate
political department
b.) lack of judicially
discoverable and
manageable standards of
resolving it
c.) impossibility of deciding
without an initial policy
determination of a kind
clearly for non-judicial
discretion
1.37. Test of Constitutionality
-Test of constitutionality of a statute is what the
Consti provides in relation to what can or may
be done under the statute, and not by what it
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has been done under it. (Prospective, not
retrospective)

A statute may be declared unconstitutional
when:
1. It allows something to be done which
the fundamental law condemns or
prohibits
2. It attempts to validate a course of
conduct the effect of which the Consti
specifically forbids
3. It is vague - lack comprehensible
standards that men of common
intelligence must necessarily guess at its
meaning and differ in its application
a. It violate due process
b. Leaves law enforcers unbridles
discretion in carrying out the
provisions

Emergency Laws designed specifically to
meet certain contingencies. They are deemed
constitutional at the time of enactment and
unconstitutional only after the emergency has
passed. It does not violate the Constitution
but because the change in circumstances and
conditions makes the continued performance
of the statute violative to the Constitution.

The tests of validity with respect to
Ordinances are:
1. It must not contravene the Consti or any
statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate
trade
5. It must be general and consistent with
public policy
6. It must not be unreasonable


1.38 Effects of Unconstitutionality
-The general rule is that an unconstitutional act
is not a law; it confers no rights; it imposes no
duties; it affords no protection; it creates no
office; it is in legal contemplation, inoperative as
though it has never been passed.
-Prior to the declaration of nullity the challenged
statute must have been in force and had to be
complied with, until the court in an appropriate
case declares its invalidity.
-Its operative act before a declaration of nullity
must be recognized
-The past cannot be changed by a new
judicial declaration
Question of rights claimed to have become
vested, of statues, of prior determinations
deemed to have finality and acted accordingly,
of public policy in the light if the nature of both
the statute and its previous applications,
demand examination. These questions are
among the most difficult of those which have
engaged the attention of courts.

Two views on the effects of a declaration
of the unconstitutionality of a law
1. Orthodox view the unconstitutional
law id stricken from the statute books
and considered never to have existed at
all. TOTAL NULLITY. (Civil code of the
Philippines Art. 7 When the courts
declare a law to be inconsistent with the
constitution, the latter should be void
and the latter shall govern)
2. Modern view less stringent. The
court in passing upon the question of
constitutionality does not annul or
repeal the statute if it finds it in conflict
with the Consti. It simply refuses to
recognize it. (does not strike the statute
from the statute books; it does not
repeal, supersede, revoke, or annul the
statute)

-A situation described as fait accompli
(something already done and unalterable) may
no longer be open for further inquiry, let alone
to be unsettled by a subsequent declaration of
nullity of a governing statute.
-The above referring to the interim effects of an
unconstitutional law prior its declaration of
unconstitutionality.
-Thus, the election of persons to aboard of
directors held pursuant to a law be fore the law
is declared unconstitutional is presumed valid
until its declaration of nullity.


1.39. Invalidity due to changes of
conditions
-The general rule as to the effects of
unconstitutionality of a statute is not applicable
to statute that is declared invalid because of the
change circumstances affecting its validity.
-A statute of this type belongs to the class
of emergency laws.

Emergency Laws deemed valid at the time
of its enactment as an exercise of police power
but becomes invalid only because of the change
in conditions which makes its continued
operation violative of the Constitution. The
declaration of its nullity should affect only the
parties involved in the case and its effects
applied prospectively.


1.40. Partial invalidity
-The general rule is that where part of a statute
is void as repugnant to the Constitution, while
other part is valid, the valid portion, if separable
from the invalid, may stand and be enforced.
-except when the parts of a statute so mutually
dependent and connected, as conditions,
considerations, inducements, or compensations
for each other, as to warrant belief that the
legislature intended them as a whole, the nullity
of one part will vitiate the rest. If some parts are
unconstitutional, all other provisions thus
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dependent, conditional, or connected must fall
with them.

Separability clause presence of this in the
statute creates the presumption that the
legislature intended separability, rather than
complete nullity, of the statute. To justify the
result, valid portion must be so far independent
of the invalid portion that it is fair to presume
that the legislature would have enacted it by
itself if it had supposed that it could not
constitutionally enact the other.
Example:
R.A. No. 8180 Section 23 contains if for any
reason, any section or provision of this Act is
declared unconstitutional or invalid, such parts
not affected thereby shall remain in full force
and effect.

Tatad v. Secretary of Department of Energy
-exeption in the general rule on the effects of
partial invalidity.

R.A. 8180 aka An Act Deregulating the
Downstream Oil Industry and For Other
Purposes (UNCONSTITUTIONAL)

Issue: Whether or not the nullity of 3 provisions
(provision on tariff differential, inventory, and
predatory pricing) affected the whole.
-And, whether or not these offending provisions
can be individually struck down without
invalidating the whole R.A. No. 8180.

Held: Yes. The nullity of the 3 provisions
affected the whole.
-And, the offending provisions of R.A. No.8180
so infirmed it essence that the entire law has to
be struck down.

-The provision on
1. tariff differential
2. inventory
3. and predatory pricing
inhibit fair competition, encourage monopolistic
power and interfere with the free interaction of
market forces.
-Before deregulation, Petron, Shell and Caltex
had no real competitors but did not have a free
run of the market because of governmental
controls. After deregulation, They remain
unthreatened by real competition yet are no
longer subject to the control of the government.


It is a fundamental principle in statutory
construction that the statute may be
constitutional in one part and
unconstitutional in another and that if
the invalid part is severable from the
rest, the portion which is constitutional
may stand while that which is
unconstitutional is stricken out and
rejected.

F. EFFECT AND OPERATION

1.41. When the law take effect.

The general rules where the law is silent as to
its effectivity or it will take effect immediately or
upon its approval..

Article 2 of the Civil Code:
Laws shall take effect after 15 days following
the completion of their publication in the Official
Gazette, unless it is otherwise provided

Section 18, Chapter 5, Book 1 of the 1987
Administrative Code:
Laws shall take effect after 15 days following the
completion of their publication in the Official
Gazette or in a newspaper of general circulation,
unless it is otherwise provided.

-The Supreme Court held that all laws or
statutes, including those of local publication and
private laws, shall be published as a condition
for their effectivity. A law made effective by the
legislature upon approval or any other date
without previous publication will violate the due
process clause of the constitution which requires
its publication before it becomes binding.
(Tanada v. Tuvera)

-The legislature may by law,or by particular
statute itself, provide that law shall take effect
on a particular date or after a certain period
from its publication in the Official Gazette or in
newspaper of general circulation, in which case
it shall take effect as thus provided.

General Principle of the clause in publication that
cannot be dispensed with by the legislature:
-before the public is bound by the provision of
the law, they must be published and the people
officially and especially informed thereof, which
is a requirement of due process of law.

Phil. Veterans Bank Union v. Vega: unless it is
otherwise provided means that the Congress
may provide in the law that it shall take effect
upon immediately after its approval.
Taada v. Tuvera: a publication is a must
before a statute becomes effective
(conflicting cases)


1.42. When Presidential issuances, rules
and regulations take effect.
-The Presidents ordinance power includes
authority to issue:
1. Executive Orders
2. Administrative Orders
3. Proclamations
4. Memorandum Orders
5. Memorandum Circulars
6. General or Special Orders

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-The requirement for publication as a condition
for the effectivity of the statutes (as stated
above) applies to the Presidential Issuances,
which means that they should be published
in the Official Gazette or in a Newspaper
of general circulation before they can
become effective, except those which are
mere interpretative or internal in nature not
concerning the public.

2 types of rules and regulations issued by the
administrative or executive officers:
1. Those whose purpose is to
implement existing law in pursuant
to a valid delegation or to fill in the
details of the statute
2. Interpretative and internal in
nature not concerning the public
(concerning the personnel of the admin
agency, not the public)(need not to be
published)

-The first type of Rules and regulations, whether
they are penal or non-penal, take effect after 15
days following their PUBLICATION in the Official
Gazette or in a newspaper of general circulation,
unless the statute which authorizes their
issuance provides different date of effectivity
after such publications.

- Such rules and regulations must comply with
the requirements of filing as provided in the
1987 Administrative Code:
1. Every agency shall file with the UP
Law Center 3 certified copies of
every rule adopted by it.
a. Rules in force on the
date of the effectivity of
the Admin Code which
are not filed w/in 3
mos. From that date
shall not therafter be
the basis of sanction
against any party or
persons
b. Code also provides that
laws not inconsistent
with this book shall
become effective 15
days from the date of
filing as above provided
unless a different date
is fixed by law or
specified in the rule, in
cases of imminent
danger to public.

U.P. Law Center central office, for filing of
requirements, where interested persons can
readily secure copies of such rules and
regulation or check on their existence

-The publication and filing requirements are
both indispensible in the effectivity of the rules
and regulations
Except: when law authorizing the rules
and regulations dispense with the filing of
requirement.
- In w/c case, publication, which cannot be
dispensed w/o violating the due process
clause, will be sufficient to make the Rules
and Regulations effective.

Example: DMB-CCC No. 10 (disallowed car
plans)
The Court ruled that to be effective, this circular
should be first be published in the Official
Gazette bec. It was not just an interpretation or
internal regulation, but one w/c deprived govt
officials of their allowances and compensation.
Subsequent publication did not cure the fatal
defect of lack of publication, nor did it retroact
to the time that the circular was first issued; it
could not apply prospectively.

1.43. When Local ordinance takes effect.

a. Unless otherwise stated in the ordinance
approving the local development plan
and public investment program, the
same shall take effect after 10 days
from the date of a copy is posted in
the bullet board in the entrance of the
provincial capitol or cit, municipal, or
barangay hall, as the case may be, and
in at least 2 other conspicuous
places in the local government unit
concerned
b. The secretary of the sanggunian
concerned shall post the above
mentioned not later than 5 days
after approval therof.
(Language: Filipino/English and dialect
understood by the majority of the
people)
c. The gist of all ordinances with penal
sanctions shall be published in a
newspaper of general circulation
w/in the province. In the absence of
general circulation, posting of such
ordinaces shall be made in all
municipalities and cities of province
where the sangunian of origin is
situated.
d. In highly urbanized and independent
cities, the main feature of the ordinace
or resolution shall be posted and
published once in a local
newspaper of general circulation within
the city.
-In the absence of a local
newspaper, the above mentioned
shall be published in any newspaper
of general circulation.
-highly urbanized city has
population of not less than 200,000
as certified by Natl Census and
Statistics Office with the latest
annual income of at least P50M
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based on the 1991 constant
prices(certified by the city treasurer)


1.44. Statutes continue in force until
repealed
-In terms of duration and effect, statutes may
be:
Permanent, or
Indefinite/temporary

Temporary statutes in force only for a
limited period, terminates upon the expiration of
the term therein stated or upon occurrence of
certain events.

*No repealing statute is necessary to bring
temporary law to end.

Permanent statutes majority of statutes. It
continues in force until changed or repealed by
the legislature; cannot be changed by a mere
change in sovereignty


1.45. Territorial and Personal effect of
statutes
-The Philippines being independent and
sovereign has its authority exercised over its
entire dominion.
-no portion beyond its power
-w/in its limits, decrees are supreme and
command paramount
- everyone, to whom it applies, must
submit to the laws it governs


1.46. Manner of computing time
Years = 365 days each (regardless of a
leap year)
Months = 30 days each
Days = 24 hours each
Nights = from sunset to sunrise

*If months are designated by their name, they
shall be computed by the number of days they
respectively have.
*In computing a period, the first day shall be
excluded and the last day included.
*When week is used without reference to the
calendar, it means a period of 7 consecutive
days w/o regard to the day of the week from
where it begins

-Civil Code adopts 365-day year and 30-day
month not calendar year or civil month.

*Where statute requires doing an act within a
specified number of days from notice, it means
calendar days not working days.

Ex. 1 year of October 4, 1946 is on October 4,
1947. (include-the-first and exclude-the-last day
rule)

*if the last day falls on a Sunday or a holiday,
the act can still be done the following day
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Except: In prescription of a felony bec. the
following day after Sunday or legal holiday, the
offence has by then prescribed


Chapter II: Construction and
Interpretation

A. Nature and Purpose

2.01. Construction defined

Construction art of process of discovering
and expounding the meaning and intention of
the authors of the law, where that intention is
rendered doubtful by reason of the ambiguity in
its language or the fact that the given case is
not explicitly provided for in the law.
! Warranted conclusion beyond the direct
expression of the text (in spirit, which are
not in the letter of the text)
! Construction involves the exercise of
choice by the judiciary


2.02. Construction and interpretation
distinguished

Interpretation - the art of finding the meaning
and sense of any form of words

Construction process of drawing warranted
conclusions not always included in the direct
expressions, or determining the application of
words to facts in litigation
Litigation existence of lawsuit

*however, in practice and common usage, the
two terms are understood to have the same
signification (synonymous)

2.03. Rules of construction, generally.

Rules of statutory construction tool used
to ascertain legislative intent. Not rules of law
but mere axioms of experience.
Help the court resolve bad cases (ambiguous
and deficient cases therefore hard).
Has no binding effects on courts nor they are
controlling in the interpretation of laws.
As instruments of construction, they may be
only used to clarify, not to defeat, legislative
intent.

*The legislature is presumed to know the rules
of statutory construction thus enacts a law w/
the end in view that it will, in case of doubt, be
construed .

*Legislature sometimes adopt rules of statutory
construction as part of the provisions of a
statute


2.04. Purpose or object of construction.
-The cardinal rule in the interpretation of laws is
to ascertain, and give effect to, the intent of the
law.

The office of statutory interpretation:
! Determine legislative intent
! The true object of all interpretations to
ascertain the meaning and will of the
law-making body
! The purpose of all rules or maxims in
interpretation is to discover the true
intention of the law. They are only
valuable if they subserve this purpose.


2.05. Legislative intent, generally.
-The legislative intent is the vital part and
essence of the law
-The intent of the legislator is the law, and
the key to, and the controlling factor in, its
construction and interpretation.
-Intent is the spirit that gives life to legislative
enactment.
-Intent prevails over the letter of the statute

Intent: purpose or meaning of the law?
Intent depends more on the PURPOSE and
object of the law

*purpose, meaning, intent, and spirit are
oftentime interchangeably used by the courts
(not entirely synonymous)

2.06. Legislative purpose
-Legislative purpose is the reason why a
particular statute was enacted by the legislature.
-Legislature enacted statutes to achieve an end
which should not be defeated on the manner it
shall be construed/interpreted.

Ex.
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What the legislature intended to
accomplish/achieve?
What is the object?
Is it to prevent a mischief?
Is it to create new rights?
Is it to eliminate defects in existing law?
Is it to implement provisions from Constitution?
What is in its mind?


2.07 Legislative meaning
- Legislative meaning is what the law, by its
language, means.

Ex.
What it comprehends?
What it covers or embraces?
What its limits or confines are?

*if the language of the law reflects what the
legislature intended, Legislative meaning and
purpose is synonymous.


2.08 Graphic Illustration

R.A. No. 809 (Sugar Act of 1952)
Section 1
in the absence of written milling agreements
between the majority of the planters and the
millers of sugarcane in any milling district in the
Phil., the unrefined sugar produced in that
district x x x
shall be divided between them.
Section 9
the proceeds of any increase in participation
granted the planters a proportion of 40% and
the laborer 60%

Issue: Whether or not the R.A. No. 809 apply
even if the majority of the sugarcane planters
have written milling agreement with the miller or
central stipulating a sharing proportion different
from the one provided in the Act. (what is the
legislative intent?)
-Whether or not the act is applicable where
there is a written milling agreement.


Held: The act is operative irrespective of
whether there exists a milling agreement
between the central and the sugar planters, as
long as labourer receive a share, sugar is
produced, and planters receive an increase in
participation.

Purpose of the Legislature: Grant planters
laborer a share in the sugar produce.
Literal rendition of in the absence of written
milling agreement: The act is not applicable
when written milling agreement exists.

*the literal import, if given effect, will defeat the
purpose of the Act.


2.09. Matters inquired into in construing a
statute.
-To ascertain the intention or meaning of a
statute is not enough.
- Intention and meaning should be expressed in
such a way as to give it legal effect and validity
(language used must sufficiently express the
meaning)

2 elements of a legal act
1. internal (intention)
2. external (expression)

*The legal act originated from intention and
perfected by expression.


2.10. Where legislative intent is
ascertained
-The primary source of the Legislative intent is
the statute itself, as a whole, not from an
isolated part of the provision thereof.

Where the words used in the statute are not
ambiguous, the Legislative intent must be
determined from the language employed.
Where the words used in the statute are
ambiguous, the Court may look beyond the
statute, such as legislative history, to ascertain
what was in the legislative mind at the time the
statute was enacted.

*When ascertaining the legislative intent fail, the
court may look into the effect of law.
Interpretation, then, becomes Judicial
legislation. (Rule of Court construing the Law)



GARCIA v. Social Security System
G.R. No. 170735, December 17, 2007

Issue: Whether or not the only surviving
director of a corporation is liable for the whole
collected and unremitted SSS contribution to the
SSS, with penalties.
Held: The only surviving director of said
corporation is liable, by applying the pertinent
(relevant) provisions of the SSS Law and various
rules of Statutory construction.
As a covered employer under the SSS Law, it is
the obligation of Impact Corporation to deduct
and remit the premium contributions to the SSS
together with the employers shares in the
contributions of the employees
(Sections 18,19,22 of the Social Security Law)

Section 22. Remittance of Contributions
-The contributions shall be remitted to the SSS
w/in the first 10 day of the calendar months
following the month for w/c they are applicable.
-Every employer is required to deduct and remit
such contributions, shall be liable for their
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payment, and if any contribution is not paid to
the SSS herein prescribed
- Employers liability is to pay the (unremitted)
contribution and 3% per month from the date
the contribution falls due until paid.

*It is a cardinal rule in statutory construction
that in interpreting the meaning of the law,
careful review of the WHOLE law must be made

Issue: Whether or not the employer is liable
both for the unpaid SSS contributions AND
penalties.
Held: According to section 22 of Social Security
Law, he is liable for both the unpaid
contributions and penalties.
Nowhere in the provision can it be inferred that
the person liable are absolved from paying the
unremitted premium contributions.

*The court cannot be made to accept an
interpretation that would defeat the intent of the
law and its legislators.

Section 28.
The act penalized by this Act be committed by
an
1. Association
2. Partnership
3. Corporation, or
4. Any other institution
its
1. Managing head
2. Directors, or
3. Partners
shall be liable to the penalties provided in the
act.
Issue: Whether or not one must be the
managing head, managing director, and
managing partner to be liable to the offense
Held: Section 28 of the Social Security law
imposes penalty on
1. The managing head;
2. Directors; or
3. Partners, for offenses committed by a
juridical person.
The law is clear that the director or partner need
not to be managing to be liable.

Issue: Whether or not the director, trustees or
officers who participate in unlawful acts are
guilty of gross negligence and bad faith
Whether or not she is only liable to the extent of
her subscription.
Held: The directors, trustees or officers are
liable when:
1. When they vote or assent to an unlawful
acts of the corp.
2. Act in bad faith/ with gross negligence
in directing the corporate affairs
3. Guilty of conflict of interest to the
prejudice of the corporation, its
stockholders or members, and other
persons.
4. When made personally liable for his
corporate actions.
Under the 4
th
situation, the petitioner was made
civilly liable by Section 8 of the Social Security
Law.

*Criminal actions for the violation of the SS Law
are also provided in the RPC
* Although a corporation has a separate juridical
personality separate and distinct to the person
comprising it, it is but a legal fiction introduced
to subserve the ends of justice. It cannot be
extended beyond reason and policy otherwise, it
will be disregarded by the law.

B. Power to Construe
2.11. Construction is a judicial function
-duty and power of judiciary to interpret or
construe a statute or the Constitution
-executive and legislative may interpret the law,
but the court has the final word as to what the
law means
-cases being moot and academic: purpose has
become stale or where no practical relief can be
granted or which can have no practical effect;
dismiss the case
-court interprets or applies the law based on
facts and the law involved
-laws are interpreted always in the context of
the peculiar factual situation of each case
-circumstances of time, place, event, person,
and particularly attendant circumstances and
actions before, during and after the operative
fact should all be taken in their totality so
that justice can be rationally and fairly
dispensed
2.12 Legislature cannot overrule judicial
construction
-legislature has no power to overrule the
interpretation or construction of a statute or the
Constitution by the Supreme Court
-legislature may indicate its construction of a
statute in the form of a resolution or
declaratory act but cannot preclude the
courts from giving the statute a different
interpretation
-Perfecto v. Meer:
Facts
-court construe Article VIII, Sec. 9 of 1935
constitution and ruled that the collection of
income tax from salaries of judicial officers is
a diminution of their salaries in violation of
the constitutional provision
-legislature enacted RA No. 590: no salary
whenever received by any public officer of
the Republic of the Philippines shall be
considered as exempt from the income tax,
payment of which is hereby declared not to
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be a diminution of his compensation fixed by
the Constitution
Issue: Whether or not the enacted law of the
Legislature is valid and constitutional
Held:
-legislature cannot override its interpretation
of the constitutional provision
-before the court can determine whether a
law is constitutional or not, it will have to
interpret and ascertain the meaning not only
of said law, but also of the pertinent portion
of the Constitution in order to decide whether
there is a conflict between the two
- Section 13 of RA No. 590 is considered as
an interpretation of Section 9, Article VIII of
the constitution
-if the legislature then may declare what a
law means this would surely cause confusion
-a final court determination of a case based
on a judicial interpretation of the law or of
the Constitution may be undermined or even
annulled by a subsequent and different
interpretation of the law or of the
Constitution by the Legislative
-this is violative of the fundamental
principles of our constitutional system of
government, particularly those
governing the separation of powers
2.13 When judicial interpretation may be
set aside
-Supreme Court itself may change or overrule its
previous construction
-the framers of the fundamental law may modify
or even nullify a judicial interpretation of a
particular provision thereof
-Edencia v. David: regarding the exemption
on income tax in Section 9, Article VIII of the
1935 Constitution
-Article XV, Section 6 of the 1973
constitution: No salary or any form of
emolument of any public officer or
employee, including constitutional
officers, shall be exempt from payment
of income tax
-legislature cannot by law or resolution,
modify or annul the judicial construction
without modifying or repealing the very
statute which has been the subject of
construction
2.14 When court may construe statute
-Laguage: is one of the distinctive qualities of
man, especially of modern thinking man; ability
to articulate; brings forth the creation and
evolution of culture, literature, science and law
-unceasing effort is to say what is meant and
to mean what is said
-rarely free from ambiguity as to be incapable
of being used in more than one sense
-doubt is created as to what the statute means
or as to whether it applies to a given situation
-Construction: means by which the court clarifies
the doubt to arrive at the true intent of the law
2.15 Condition sine qua non before courts
can construe statutes; ambiguity defined
-sine qua non: there is doubt or ambiguity in the
language of the statute
-where there is no ambiguity in the words of
a statute, there is no room for construction
-Ambiguity: condition of admitting two or more
meanings, of being understood in more than
one way or of referring to two or more things at
the same time
-statute is ambiguous if it is susceptible of
more than one interpretation; court should
construe the statute and give it a meaning
according to its intent
-Garcia v. Social Security Commission
-interpretation is necessary in instances
where a literal interpretation would be either
impossible or absurd or would lead to
injustice
-petitioner interprets Section 28 (f) of the
Social Security Law as applicable only to
penalties and not to the liability of the
employer for the unremitted premium
contributions
-Court cannot be made to accept an
interpretation that would defeat the intent of
the law and its legislature
-correct interpretation should be consistent
with the legislative intent
2. 16 Court may construe where statute is
clear
-first and fundamental duty of the court is to
apply the law; construction or interpretation
comes only after it has been demonstrated that
application is impossible or inadequate without it
-court may not construe a statute that is clear
and free from doubt
-where the law is clear and unambiguous, it
must be taken to mean exactly what it says and
the court has no choice but to see to it that its
mandate is obeyed; even if the law may be
harsh
-a meaning does not appear nor is intended or
reflected in the very language of the statute
cannot be placed therein by construction
-Lapid v. Court of Appeals:
Facts:
-Sec. 27 of RA No 6770: Any order, directive
or decision imposing the penalty of public
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censure or reprimand, suspension of not
more than one months salary shall be final
and unappeable
-claimed to be similar with Sec. 12 of Rule 43
of the 1997 Rules of Procedure, Sec. 68 of
the local government code, and Book V, Title
I, Subtitle A, Chapter 6, Section 47 par. (4) of
the Administrative Code
Issue: whether a decision of the Ombudsman in
an administrative charge finding the respondent
guilty and imposing the penalty of one year
without pay is immediately executor and is not
stayed by a timely appeal by the court of
appeals
Held:
-Supreme Court ruled that since the decision
imposed a suspension of one year without
pay, the same is not immediately executor
and the timely appeal interposed therefrom
stayed its becoming executory
-no basis in law for the proposition that
provisions of the Administrative Code of 1987
and the Local Government Code on execution
pending review should be applied suppletorily
to the provisions of the Ombudsman Act
-considering that petitioner was charged
under the Ombudsman Act, it is this law
alone which should govern the case
-Land Bank v. Court of Appeals
-construed the word deposit to include
trust accounts
-Court held that Section 16(e) of Republic Act
No. 6657 was very specific in limiting the
type of deposit to be made as compensation
for the rejecting landowners, that is, in cash
or in LBP bonds
-when the law speaks in clear and categorical
language there is no reason for interpretation
or construction, but only for application
-Libanan v. HRET
-issue is whether ballots not signed at the
back by the chairman of the board of election
inspectors are spurious, since it violated Sec.
24 of RA No. 7166: Signature of Chairman at
the back of every Ballot
-court ruled that there is really nothing in the
above law to the effect that a ballot which is
not so authenticated shall thereby be deemed
spurious
-courts may not enlarge the scope of a
statute and embrace situations neither
provided nor intended by the lawmakers
2.17 Verbis legis or plain meaning rule
-plain meaning rule/ verbis legis: when the
statute is clear, plain and free from ambiguity, it
must be given its literal meaning and applied
without interpretation
-index animi sermo est: speech is the index of
intention; words employed by the legislature in a
statute correctly express its intention or will and
preclude the court from construing it differently
-Republic v. Lacap
-verba legis non est recedendum: from the
words of a statute there should be no
departure
-wordings of RA No. 4566 are clear;
respondent should be paid for the projects he
completed
-Article 22 of the Civil Code: nemo ex alterius
incommode debet lecupletari (no man ought
to be made rich out of anothers injury)
-National Food Authority v. Masada Security
Agency Inc.
Facts:
-R.A. 6727 (Wage Rationalization Act):
declared it a policy of the state to rationalize
the fixing of minimum wages; to guarantee
the rights of labor to its just share in the
fruits of labor; to enhance employment
generation; to allow business and industry
reasonable returns and investment
-creation of National Wages and
Productivity Commission and Regional
Tripartite Wages and Productivity
Boards
-payment of the increases in the wage rate is
ordinarily shouldered by the employer
-NFA claims that its additional liability under
the aforecited provision is limited only to the
payment of the increment in the statutory
minimum wage rate
Issue: whether or not the liability of principals
in service contracts under Section 6 of RA 6727
and the wage orders issued by the Regional
Tripartite Wages and Productivity Board is
limited only to the increment in the minimum
wage
Held:
-the word wage as used in Section 6 means
the statutory minimum wage
-legislature intended to limit the additional
obligation imposed on principals in the
service contracts to the payment of the
increment in the statutory minimum wage
-Commissioner of Internal Revenue v. American
Express
-the court may not construe a statute that is
free from doubt
-construction of a statute by an
administrative agency charged with the task
of interpreting or applying the same is
entitled to great weight and respect
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-court is not bound to apply said rule
when there is no ambiguity in the law
interpreted or when the language of the
words used is clear and plain, as in the
case at bar
-it is not within the province of this Court to
inquire into the wisdom of the law for indeed,
we are bound by the words of the statute;
law is applied as it is
-law (RA 6727) secures the welfare of the
workers by imposing a solidary liability on
principals and the service contractors
-interpretation of Section 6 of RA 6727, the
parties may enter into stipulations increasing
the liability of the principal
-complaint for collection of remuneration and
benefits other than the increased minimum
wage rate, should therefore be dismissed for
lack of cause of action
2.18 Rulings of Supreme Court part of
legal system
-judicial decisions applying or interpreting the
laws or the Constitution shall form part of the
legal system of the Philippines
-decisions referred to are those of the Supreme
Court
-rulings of the court of last resort applying or
interpreting a statue become part of the statute
itself
-legis interpretato legis vim obtinet: authoritative
interpretation of the Supreme Court of a statute
acquires the force of law becoming a part
thereof
-rulings of the Supreme Court are laws in their
own right because they interpret what the laws
say or mean
-stare decisis et non quieta novere: when the
Supreme Court has once laid down a principle of
law as applicable to a certain state of facts, it
will adhere to that principle and apply it to all
future cases where the facts are substantially
the same
-interpretation by the Supreme Court placed
upon the law has the force of law and
establishes the contemporaneous legislative
intent of law, which constitutes part of the law
as of the date the statute is enacted
-interpretation continues until overruled
-rulings of the highest tribunal are binding upon
inferior courts
-they become the criteria that must control the
actuations not only of those called upon to abide
thereby but also of those duty-bound to enforce
obedience thereto
2.19 Judicial rulings have no retroactive
effect
-rulings cannot be given retroactive effect to do
so will impair vested rights nor may a judicial
ruling, overruling a previous one, be applied
retroactively so as to nullify a right which arose
under the previous ruling before its
abandonment
-Article 4 of the Civil Code: laws shall have no
retroactive effect unless the contrary is provided
-lex prospicit, non respicit: the law looks forward
not backward
-Retroactive application divests rights that have
already become vested or impairs the
obligations of contract and hence, is
unconstitutional
-People v. Macarandang
-Co v. Court of Appeals
-Roa v. Collector of Customs
-Benzonan v. Court of Appeals
-Cemco Holdings Inc. v. National Life Insurance
Co.
2.20 Only Supreme Court en banc can
modify or abandon principle of law, not
any division of the Court
-Article VIII, Sec. 4 (3) of the Constitution:
cases or matters heard by a division shall be
decided or resolved with the concurrence of a
majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon, and in no case without the
concurrence of at least three of such Members.
When the required number is not obtained, the
case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the
court in a decision rendered en banc or in
division may be modified or reversed except by
the court sitting en banc
-Buencamino v Court of Appeals:
-first division: SC ruled that decisions of the
Ombudsman on disciplinary or administrative
cases are final and executory, whether the
penalty is more than one month suspension
or dismissal for service
-decision modified or abandoned the doctrine
in Lapid v Court of Appeals, Lopez v Court of
Appeals, and Ombudsman v Laja: (ruling)
only the Ombudsman rulings in
administrative cases imposing censure,
suspension of not more than one month, or
fine of not more than one month salary are
final and executor, and not those of higher
penalties in accordance with Sec. 27 of RA
6770, or the Ombudsman Law
-only court en banc can modify or reverse
any doctrine laid down by the Court either en
banc or in division
-if what the court has stated in a decision is
not a principle of law or doctrine, but is
merely an obiter dictum , a division of the
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Court may validly reject or disregard such
obiter dictum
-The provision of Section 27 of Republic Act
No. 6770 and the Rules of Procedure of the
Office of the Ombudsman with respect to the
finality and execution of the decisions are not
affected by the ruling in Fabian v. Desierto,
and therefore still stand
-decision is pro hac vice or for particular
occasion only

2.21 Court may issue guidelines in
constuing statute
-Supreme Court formulate guiding and
controlling constitutional principles, precepts,
doctrines or rules
-guidelines are not judicial legislation
-Ang Bagong Bayani-OFW Labor Party v.
COMELEC: Court issued guidelines in the
determination by COMELEC as to which parties
comply with the requirements of party-list
election system
-Republic v. CA: guidelines for psychological
incapacity as ground for annulment of marriage
-guidelines not to enlarge or restrict it but to
clearly delineate what the law requires; not
judicial legislation but an act to define what the
law is
-People v Ferrer: guidelines on the anti-
subversion act; CPP
-interpretation should be based not only on law
but also on facts obtaining in the specific case
resolved by the courts and not on future facts or
circumstances
C. LIMITATIONS ON POWER TO
CONSTRUE

2.22 Courts may not enlarge nor restrict
statutes
-court should resist the temptation to roam at
will and rely on its predilections as to what
policy should prevail
-interpolation eschewed; evisceration avoided
-search must be for, and the end result should
be, reasonable interpretation
-courts may not enlarge the scope of a statute
and include therein situations not provided nor
intended by the lawmakers
-courts are not authorized to insert into the law
what they think should be in it or to supply what
they think the legislature would have supplied if
its attention had been called to omission
-should not, by construction, revise even the
most arbitrary and unfair action of the
legislature nor rewrite the law to conform with
what they think should be the law;
-cannot interpret into the law a requirement
which the law does not prescribe
-a statute contains no limitations in its operation
or scope, courts should not engraft any
-where a provision of law expressly limits its
application to certain transactions, it cannot be
extended to other transactions by interpretation
-courts should not construe statutes which are
perfectly vague
-vague: when it lacks comprehensible standards
that men of common intelligence must
necessarily guess at its meaning and differ as to
its application
-Canet v. Decena
Issue:
-whether or not respondent, in her capacity
as Municipal Mayor, can be compelled to
issue the necessary business permit to the
petitioner absent a municipal ordinance which
would empower her to do so
Held:
-no ordinance allowing the operation of a
cockpit, Resolution No. 049, S. 1998,
authorizing petitioner to establish, operate
and maintain a cockpit in Bula, Camarines
Sur cannot be implemented
-violation of the provisions of Section 447 of
the Local Government Code of 1991; an
undue encroachment on respondents
administrative prerogatives
-express mention of one person, thing, act or
consequence excludes all others, as
expressed in the oft-repeated maxim
expression unius est exclusion alterius
-even on the assumption that there is in fact
a legislative gap caused by such an omission,
neither could the Court presume otherwise
and supply the details thereof, because
legislative lacuna cannot be filled by judicial
fiat
-an omission at the time of enactment cannot
be judicially supplied however after later
wisdom may recommend the inclusion

2.23. Courts not to be influenced by
question of wisdom
-since the legislature, by the very nature of its
function, is primarily the judge of the necessity,
adequacy, wisdom, reasonableness and
expediency of any law, courts may not take any
of these matters into account in construing or
interpreting the law
-courts do not pass upon questions of wisdom,
justice, or expediency of legislation for it is not
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within their province to supervise legislation and
keep it within the bounds of propriety and
common sense
-courts do not sit to resolve the merit of
conflicting theories for debatable questions are
for the legislature to decide
-any shortcoming of a statute is for a legislature
alone to correct by appropriate enactment
- questions regarding the wisdom, morality, or
practicability, of statutes are not addressed to
the judiciary but may be resolved only by the
legislative and executive departments, to which
the functions belongs in our scheme of
government.