Statutory Construction Basics

Statutory Construction
Justin Sucgang
STATUTES 2. Curative
3. Mandatory
Introduction 4. Directory
5. Substantive
Law- a rule of conduct formulated and made 6. Remedial
obligatory by legitimate power of the state. 7. Penal
According to form:
Statute- an act of the legislature, as an organized 1. Affirmative
body, expressed in the form, and passed 2. Negative
according to the procedure required to constitute
it as part of the law of the land.1 Manner of referring:2
1. Public Act- passed by Philippine
Classification: Commission and Philippine Legislature
According to scope: (1901-1935)
1. Public- affects the public at large or the 2. Commonwealth Act- passed during the
whole community Commonwealth (1936-1946)
a. General- applies to the whole 3. Republic Act- passed by Congress of the
state and operates upon all Philippines (1946-1972;1987-present)
people or all class; does not omit 4. Batas Pambansa- passed by Batasang
any subject or place Pambansa
b. Special- relates to a particular
persons or things or class or to a Enacting statutes
particular community
c. Local- confined to a specific place Legislative power- authority to make laws, and to
or community alter and repeal them
2. Private- applies to a specific person or
subject *This is held by the people, in their original,
According to duration: sovereign and unlimited power. But they have
1. Permanent- operation is not limited in vested it in the Congress of the Philippines.3
duration but continues until repealed
2. Temporary- duration is for a limited Procedures in passing a law:
period; ceases upon the happening of an *Apart from the provisions in the Constitution
event for which it was passed (Sec. 26 Par. 2, Art. VI)4, each house has its own
Other classifications: 2
Statutes are serially numbered and has a name
According to application:
1. Prospective 3
Section 1 (Const). The legislative power shall be vested in the
2. Retroactive Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the
According to operation: people by the provision on initiative and referendum.
1. Declaratory
4
x x x (2) No bill passed by either House shall become a law unless it
has passed three readings on separate days, and printed copies
1
Presidential Decrees during martial law (Marcos) and Executive thereof in its final form have been distributed to its Members three
Orders during the revolutionary government (Aquino) are also days before its passage, except when the President certifies to the
considered statutes since they were passed by the president in the necessity of its immediate enactment to meet a public calamity or
exercise of his legislative powers. emergency. Upon the last reading of a bill, no amendment thereto
JUSTIN SUCGANG | BLOCK 2

ATTY. WIGBERTO TANADA, JR.
detailed procedures embodied in their Rules (Sec. amendments, there will be a Conference
16 Par. 3, Art. VI)5. Committee
1. A bill is introduced by any member of the 5. Conference Committee- this is where the
Congress, signed by the authors and filed differences will be settled. The
with the Secretary of the house. May amendments introduced in this level will
introduce in either house except have to be approved by both Houses for
appropriation, revenue or tariff bills, bills passage.8
authorizing increase of public debts, bills 6. Approval and authentication - signing of
of local applications, and private bills (Sec. the Senate President and the House
24 Art. VI).6 Speaker and their respective secretaries
2. First reading- Secretary reports the bill for (Enrolled Bill)
first reading: 7. Submission to the President:9
- Reading the title and number of A bill is passed in three ways:
bill 1. When the president signs it
- Referral to appropriate 2. When the president does not sign nor
committee for study and communicate his veto of the bill
recommendation within 30 days after his receipt
- Committee may hold public 3. When the vetoed bill is repassed by
hearings and submit its report Congress by two-thirds vote of all its
and recommendation for members, voting separately.
Calendar for second reading
3. Second reading- bill shall be read in full Enrolled bill- the bill as passed by Congress,
with the proposed amendments by the authenticated by the House Speaker and Senate
committee President and approved by the President
- Subject to debates, pertinent Rule: The text of the act as passed and
motions and amendments approved is deemed importing absolute
- After these, bill shall be voted verity and is binding on the courts. If
upon there has been any mistake in the printing
4. Third reading- final vote by yeas and nay7
8
There are instances where the version of the conference
*After a house has approved their own version, it committee is entirely different from those of the two Houses- for it
will be transmitted to the other house, which will may deal generally with the subject matter or precisely to the
follow the same procedures. If without differences, or even introduce a new provision. However, this is still
valid for the powers of said committee are broad. That is why some
amendments, the bill is passed by Congress and is political scientists call this the Third House (Philippine Judges
submitted to the President. If there are Association v. Prado).
9
Section 27. (1) Every bill passed by the Congress shall, before it
shall be allowed, and the vote thereon shall be taken immediately becomes a law, be presented to the President. If he approves the
thereafter, and the yeas and nays entered in the Journal. x x x same he shall sign it; otherwise, he shall veto it and return the same
with his objections to the House where it originated, which shall
5
x x x (3) Each House may determine the rules of its proceedings, x x enter the objections at large in its Journal and proceed to reconsider
x it. If, after such reconsideration, two-thirds of all the Members of
such House shall agree to pass the bill, it shall be sent, together with
6
All appropriation, revenue or tariff bills, bills authorizing increase of the objections, to the other House by which it shall likewise be
the public debt, bills of local application, and private bills, shall reconsidered, and if approved by two-thirds of all the Members of
originate exclusively in the House of Representatives, but the Senate that House, it shall become a law. In all such cases, the votes of each
may propose or concur with amendments. House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The
7
If there is a presidential certification, the requirement of three President shall communicate his veto of any bill to the House where
readings on separate days, and printed copies in final form may be it originated within thirty days after the date of receipt thereof,
dispensed with (Tolentino v. Secretary of Finance). otherwise, it shall become a law as if he had signed it.

of the bill before it was certified, the Parts of a statute
remedy is by amendment by enacting a
curative legislation and not a judicial 1. Title
decree.10 - Bill must embrace only one subject
Presumption: It carries on its face a expressed in its title15
solemn assurance by the legislative and - But must not be an index to, or be an
executive departments of the exhaustive catalogue of the body of
government that it was passed by the the act as to cover every single detail
assembly. Hence, the respect due to co- - It is enough that the title indicates the
equal and independent departments general subject, and reasonably
requires the judiciary to act upon that covers all provisions of the act and
assurance and to accept all bills duly not calculated to mislead the public
authenticated.11 Reasons:
- Prevent hodgepodge or log-rolling
Journal Entry- a requirement by the Constitution legislation
to each house of the Congress (Sec. 16 Par.4 Art. - Prevent fraud and surprise through
VI)12 introduction of provisions not
- conclusive with respect to matters that germane to the statute (which have
are required by the Constitution to be not received notice, action and study
recorded therein of the legislators)
- based from considerations of public policy - Language that must be sufficient to
notify the legislators and the public
*Enrolled bill v. Journal Entry - Title serves as guide to ascertain
-In case of conflict, the enrolled bill should prevail, legislative intent
particularly with respect to matters not expressly How construed:
required to be entered into the legislative - Should be liberally construed
record.13 - Not be given technical interpretation
Exception: When the Speaker and Senate nor narrowly construed to cripple or
President withdraw their respective impede the power of the legislature
signatures from the signed bill where - If there is doubt, it should be resolved
there is serious and substantial in favour of the one title-one subject
discrepancy between the text of the bill (presumption of constitutionality)
as deliberated and shown by the journal
and that of the enrolled bill.14 2. Preamble
- Prefatory statement or explanation
(finding of facts, reciting the purpose,
reason, or occasion for making the
10
Casco Phil. Chemical Co., Inc. v. Gimenez law). Hence, important role in
11
construction
Morales v. Subido
- Usually found after the enacting
12
x x x(4) Each House shall keep a Journal of its proceedings, and clause and before the body in
from time to time publish the same, excepting such parts as may, in presidential decrees and executive
its judgment, affect national security; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present, orders
be entered in the Journal. Each House shall also keep a Record of its
proceedings. x x x
13
Morales v. Subido
14 15
Astorga v. Villegas Art. VI Sec. 26 (1). Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. x x x

- Legislature seldom puts this because - Usually 15 days from the publication
the reason for the law is contained in in the Official Gazette16 or in a
its explanatory note newspaper of general circulation17
3. Enacting Clause Kinds of statutes

- Part written immediately after the
title 1. Legislative acts
- States the authority by which the act
is enacted 2. Presidential issuances- those which the
- Contains the phrases, Be it enacted president issued in the exercise of his
by... or Now, therefore, I... by virtue ordinance power (Chapter 2, Book III, AC)
of the powers in me vested by the a. Sec. 2. Executive Orders. - Acts of
Constitution, do hereby decree... the President providing for rules
of a general or permanent
4. Purview/Body of the Statute character in implementation or
- What the law is all about execution of constitutional or
- Should embrace one subject matter statutory powers shall be
- The provisions, although different and promulgated in executive orders.
diverse, must be allied and germane b. Sec. 3. Administrative Orders. -
to the subject and purpose of the bill Acts of the President which relate
- Usually divided into sections to particular aspect of
(numbered and contains a single governmental operations in
proposition) pursuance of his duties as
- Usually includes a short title, policy, administrative head shall be
definition, administrative sections, promulgated in administrative
sections prescribing standards of orders.
conduct, imposing sanctions for c. Sec. 4. Proclamations. - Acts of
violations of its provisions, transitory the President fixing a date or
provisions declaring a status or condition of
public moment or interest, upon
5. Separability Clause the existence of which the
- States that if any provision is declared operation of a specific law or
invalid, the remainder shall not be regulation is made to depend,
affected shall be promulgated in
Presumption: Legislature intended a proclamations which shall have
statute to be effective as a whole and the force of an executive order.
would not have passed it had it foreseen d. Sec. 5. Memorandum Orders. -
that some part of it is invalid. Acts of the President on matters
Exception: Where provisions cannot stand of administrative detail or of
alone as to those left, after the void part, subordinate or temporary
is not complete and workable interest which only concern a
6. Repealing Clause 16
Art. 2 (CC). Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
7. Effectivity Clause
publication.
- When the law takes effect
17
Art. 18 (AC) Laws shall take effect after fifteen (15) days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided

particular officer or office of the in the execution, enforcement and
Government shall be embodied in administration of said law.
memorandum orders.
e. Sec. 6. Memorandum Circulars. - - Administrative rule- promulgating
Acts of the President on matters a new law with force and effect of
relating to internal a valid law.
administration, which the - Administrative interpretations-
President desires to bring to the rendering an opinion or giving a
attention of all or some of the statement of policy
departments, agencies, bureaus
or offices of the Government, for *The rules are binding upon the Courts,
information or compliance, shall but the interpretation is not.
be embodied in memorandum
circulars. 4. Supreme Court rule-making power-
f. Sec. 7. General or Special the Constitution granted the Supreme
Orders.- Acts and commands of Court to promulgate its own rules
the President in his capacity as (Sec. 5 Par. 5, Art. VIII)18
Commander-in-Chief of the *Usually procedural only for only the
Armed Forces of the Philippines legislative department may create
shall be issued as general or substantive laws.
special orders.
5. Local government units- power to
3. Administrative rules and regulations- enact ordinances19
issued by administrative or executive
offices in accordance with, and as Requirements of validity:20
authorized by, law have the force and 1. Not contravene the Constitution or
effect of law or partake the nature of the any statute
statute 2. Not be unfair or oppressive
Requirement for validity: 3. Not be partial or discriminatory
1. Provisions should be germane to the 4. Not prohibit but may regulate trade
objects and purpose of the law. 5. General and consistent with public
2. Not in contradiction with, but policy
conform to, the standards that the 6. Not unreasonable
law prescribes
3. They be for the sole purpose of Barangay/Municipal/City/Provincial
carrying into effect the general ordinances
provisions of the law
*The rule-making power of a public 18

x x x (5) Promulgate rules concerning the protection and
administrative agency is a delegated enforcement of constitutional rights, pleading, practice, and
legislative power. It may not use its power procedure in all courts, the admission to the practice of law, the
to bridge the authority to enlarge its integrated bar, and legal assistance to the under-privileged. Such
rules shall provide a simplified and inexpensive procedure for the
power beyond the scope intended. speedy disposition of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies
*The law passed by the legislature should
shall remain effective unless disapproved by the Supreme Court.
be: (1) complete in itself, and (2) should
19
fix a standard, in order for an Local Government Code of 1991
administrative agency to fill in the details 20
Lagcao v. Labra

- Passed by majority vote of council 2. Determine whether or not there has been
members a grave abuse of discretion amounting to
- Submitted to the mayor (for lack or excess of jurisdiction on the part
municipal/city), if unacted for 10 of any branch or instrumentality of the
days, considered passed; Government.
governor (for province), if
unacted for 15 days, considered Requisites:
passed 1. Actual case and controversy
- Vetoed ordinance may be passed 2. Locus standi
by a vote of 2/3 of council 3. Raised at the earliest possible time
members 4. Lis mota of the case
- Subject to review by sangguniang
bayan o panglunsod/sangguniang Actual case and controversy
panlalawigan - There must be a justiciable controversy
- If no action in 30 days, ordinance (can be decided on grounds recognized by
will be presumed consistent with the law)
laws Exceptions: Political questions- issues
dependent upon wisdom not the legality of
Validity of statutes the law
Presumption of validity Locus standi

Basis: Before the legislature passes a bill, it has - Legal standing to sue
decided the measure to be constitutional. And - The person has substantial interest in the
when the President approves the bill, he has been case such that the party has sustained or
convinced of its validity. will sustain direct injury
Effect: To justify the nullification of the law, there
must be clear and equivocal breach of the 1. Citizen standing- suffered some
Constitution, not a doubtful and argumentative actual or threatened injury as a result
implication. of the allegedly illegal conduct of the
government (Tanada v. Tuvera)
*The final authority to declare unconstitutionality 2. Taxpayers standing- public funds
is the Supreme Court sitting en banc (Sec. 4 Par. 2, have been disbursed in alleged
Art. VIII).21 contravention of the law or
Constitution (ITF v. COMELEC)
Judicial Power22 Basis: Expenditure of public funds by
1. Judicial power includes the duty of the an officer of the state for the purpose
courts of justice to settle actual of administering an unconstitutional
controversies involving rights which are act constitutes a misapplication of
legally demandable and enforceable such funds
3. Legislators standing- when their
21
x x x(2) All cases involving the constitutionality of a treaty, powers are impaired; questioning the
international or executive agreement, or law, which shall be heard validity of a presidential veto (Ople v.
by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those Torres)
involving the constitutionality, application, or operation of 4. Transcendental significance- the
presidential decrees, proclamations, orders, instructions, ordinances,
Court has adopted a liberal attitude
and other regulations, shall be decided with the concurrence of a
majority of the Members who actually took part in the deliberations (brushing aside technicalities of
on the issues in the case and voted thereon. procedure) on standing where the
22
Sec. 1, Art. VIII (Const)
petitioner has shown that an issue

has paramount importance to the 1. Not within the legislative power to enact
public (Chavez v. PEA and AMARI) 2. When it allows something to be done
which the fundamental law condemns or
Raised at the earliest possible time prohibits
- Question must be raised in the pleading, 3. Vagueness- lacking comprehensible
complaint, information or petition by the standards that men of common
plaintiff or petitioner or in the answer by intelligence must necessarily guess at its
defendant or respondent. meaning and differ in its application
Basis:
Exception: - Violates due process for failure to
1. Can be raised in a motion for accord the people fair notice of
reconsideration if the statute sought to what conduct to avoid.
be invalidated was not in existence when - Leaves law enforcers unbridled
the complaint was filed.23 discretion in carrying out its
2. At any stage of the proceedings in a provisions and becomes an
criminal case24 arbitrary flexing of the
3. Where the determination of the question government muscle
is necessary to the decision for civil
cases25 Effects of unconstitutionality
4. Where it involves jurisdiction of the court General rule: An unconstitutional act is not a law,
below26 confers no right, imposes no duties, affords no
protection, creates no office; in legal
Lis mota of the case contemplation, inoperative as though it had never
- The Court may not pass upon the validity been passed.
of a statute if it can decide the case on
some other grounds *This is also known as the orthodox view. Not
- If the only issue is the a constitutional only the parties but all persons are bound by
question which is unavoidable, the Court declaration of nullity; no one may invoke it nor
should confront the question and decide may the courts be permitted to apply it
the case on the merits subsequently
Test of constitutionality *The orthodox view is expressed in Art. 7 (CC).27

1. Must not contravene the Constitution or However, it is not always the case that a law is
any statute constitutionally faulty per se (i.e., may be valid in
2. Must be general and consistent with its general import but invalid in its application to
public policy certain situations). A judicial declaration of nullity
3. Must not be unfair or oppressive may not necessarily obliterate all the effects and
4. Must not be partial or discriminatory consequences of a void act occurring prior to such
5. Must not be unreasonable declaration. A situation that is fait accompli may
6. Must not prohibit but may regulate trade no longer be open for inquiry, let alone to be
unsettled by a subsequent declaration of nullity of
Grounds for nullification a statute.
23
Alonso v. PNB Modern view
24
San Miguel Brewery v. Magno
25 27
Id Art. 7 (CC). When the court declares a law to be inconsistent with
the Constitution, the former shall be void and the latter shall govern
26
Id xxx

- The court does not annul or repeal statute if it 1. For statutes proper, usually 15 days from
violates Constitution; it simply refuses to the publication in the Official Gazette28 or
recognize it and determines the rights of the in a newspaper of general circulation,29
parties just as if it had no existence unless provided otherwise. But the ruling
- The decision affects the parties only may seem in contradiction with the PVB
- No judgment against the statute: opinion of Employees Union v. Vega, the phrase
the court may act as a precedent, but it does unless otherwise provided provided an
not strike out, repeal, supersede, revoke, or exception as to the date of effectivity of a
annul it statute.
2. For issuances, rules and regulations, there
Exception: Invalidity Due to Change of Conditions should be a publication30 and filing in the
Inapplicable to a statute that is declared the UP Law Center.31
invalid because of the change of circumstances 3. For ordinances, Sec. 59 of the Local
affecting its validity (emergency laws). The Government Code shall apply.32
declaration of their nullity should be applied
prospectively, and affect only the parties involved 28
Art. 2 (CC). Laws shall take effect after fifteen days following the
in the case. completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect one year after such
publication.
Partial Invalidity 29
Sec. 18 (AC) Laws shall take effect after fifteen (15) days following
General rule: Where the part of the statute is the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided
void as repugnant to the Constitution, while
another part is valid, the valid portion, if 30
Id
separable from the invalid, may stand and be 31
Sec. 3, Book VII (AC). Filing. - (1) Every agency shall file with the
enforced (separability clause). University of the Philippines Law Center three (3) certified copies of
Reason: Legislature intended a statute to be every rule adopted by it. Rules in force on the date of effectivity of
effective as a whole and would not have this Code which are not filed within three (3) months from that date
shall not thereafter be the basis of any sanction against any party or
passed it had it foreseen that some part of it persons.
is invalid 32
Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated
Exception: When the parts of the statute are
in the ordinance or the resolution approving the local development
so mutually dependent and connected, as plan and public investment program, the same shall take effect after
conditions, considerations, inducements, or ten (10) days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capitol or city, municipal, or
compensations for each other, as to warrant a barangay hall, as the case may be, and in at least two (2) other
belief that the legislature intended them as a conspicuous places in the local government unit concerned.
whole, the nullity of one part will vitiate the (b) The secretary to the sanggunian concerned shall cause the
posting of an ordinance or resolution in the bulletin board at the
rest. entrance of the provincial capitol and the city, municipal, or
barangay hall in at least two (2) conspicuous places in the local
government unit concerned not later than five (5) days after
Effectivity of statutes
approval thereof.
The text of the ordinance or resolution shall be disseminated and
General rule: Statutes continue to be in force until posted in Filipino or English and in the language or dialect
understood by the majority of the people in the local government
changed or repealed by the legislature. unit concerned, and the secretary to the sanggunian shall record
such fact in a book kept for the purpose, stating the dates of
*Not changed by change of sovereignty, conquest approval and posting.
(c) The gist of all ordinances with penal sanctions shall be published
or colonization. in a newspaper of general circulation within the province where the
local legislative body concerned belongs. In the absence of any
newspaper of general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities of the
province where the sanggunian of origin is situated.
(d) In the case of highly urbanized cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition to
being posted, be published once in a local newspaper of general

Manner of computing time:
When the laws speak of years, months, days or
nights, it shall be understood that years are of
three hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.
If months are designated by their name, they shall

be computed by the number of days which they
respectively have.
In computing a period, the first day shall be

excluded, and the last day included.33
Exception: Computation of the prescription of a

crime. If the last fell on a Sunday or a legal
holiday, a charge cannot be filed on the next
working day since it shall be considered
prescribed.
circulation within the city: Provided, That in the absence thereof the
ordinance or resolution shall be published in any newspaper of
general circulation.
33
Art. 13 (CC)

CONSTRUCTION AND INTERPRETATION - It is the Court which has the final say as to
what the law means.
-Art or process of discovering and expounding the
meaning and intention of the authors of the law, Limitations: The Court can only construe an
where that intention is rendered doubtful by applicable law in controversies which are ripe
reasons of ambiguity in its language or the fact for judicial resolution. Neither moot nor
that the given case is not explicitly provided for in academic (purpose has become stale or
the law. where no practical relief can be granted or
Basis: Because of infirmities of language and the which can have no practical effect).
limited scope in legislative drafting. Exception: If the issue is capable of
repetition yet evading review especially
Interpretation- Art of finding the true meaning where public interest requires its
and sense of any form of words resolutions.35
Construction- Drawing warranted conclusions not
always included in direct expressions, or *The legislature has no power to overrule the
determining the application of words to facts in interpretation made by the Court.36
litigation.34
Meaning: The legislature cannot, by law or
Purpose: Ascertaining the true intent of the resolution, modify or annul the judicial
legislature. construction without modifying or repealing the
Assumption: The legislature enacts a law with the very statute which has been subject of
end in view that it will, in cases of doubt, be construction.
construed in accordance with the settled
principles of interpretation. Exceptions:
1. When the Supreme Court reverses itself
*Rules of statutory construction are used to 2. By amending the Constitution
ascertain legislative intent. But they are not rules 3. By enacting a new statute
of law but mere axioms of experience, hence, not
binding nor controlling on the courts.
Endencia v. David
Legislative intent- is the essence of the law. It is After a judicial declaration interpreting a constitutional
the spirit which gives life to legislative enactment provision that taxing is a form of diminution of salary,
Congress enacted a law to include justices and
Legislative purpose- reason why a
members of the judicial body in the scope of taxing
particular statute was enacted power of the government.
Legislative meaning- what the law, by its Held: Congress cannot, by law, modify an
language means interpretation of the Constitution made by the court.
Including the judicial officers to the scope of taxation is
*The primary source of legislative intent should a form of interpretation of the Constitutional provision
be the statute itself. against diminution of salaries.
Power to construe When to construe

- The duty and power to interpret or construe a
statute or the Constitution belongs to the
35
judiciary (Sec. 4 Par. 2, Art. VIII). Pimentel v. Ermita
36
If the legislature may declare what a law means, or what a
specific portion of the Constitution means, especially after the courts
have in actual case ascertained its meaning by interpretation and
34
Conclusions which are in the spirit, though not within the letter of applied it in a decision, this would surely cause confusion. (Endencia
the text. v. David)

Condition sine qua non: Before the court may use Held: Where the law is clear, there is only room for
its power to construe, there must be ambiguity in application. Although the law granted the PSC to
the language of the statute. For where there is no appoint an attorney to take testimony of the witnesses
ambiguity, there is no room for construction, only if residing distant from Manila, the law is clear that
only the commission can hear, receive evidence, and
for application.
render a decision.
Ambiguity- condition of admitting two or more Quijano v. DBP

meanings, of being understood in more than one Petitioner, a veteran, obtained a loan from DBP. He
way, or of referring to two or more things at the wanted to pay the subsisting obligation through the
same time. backpay certificate.
*susceptibility to more than one Held: The law is clear, backpay certificate may only be
interpretation used to pay for the loan if the subsisting obligation was
obtained prior to the passage of RA 897. A subsisting
More application, less construction obligation may only be considered after receipt of the
- The first and fundamental duty of the loan, not on the day of awarding of application (since,
there was still no obligation at that time).
court is to apply the law.
- Construction comes only after there has Commissioner of Internal Revenue v. Limpan
been a showing of ambiguity, hence, Investment
application is impossible The BIR found that respondent had tax deficiencies for
more than two years. They brought the case to the
Verba legis (Plain meaning rule) Court of Tax Appeals where it held that the interest
- Where the statute is clear, plain and free and surcharge should start from period where the
from ambiguity, it must be given its literal decision became final.
meaning and applied without Held: The National Internal Revenue Code clearly
interpretation. stated that in computing the interest and surcharge of
the tax deficiency, it should start from the date of
- Where the law speaks in clear and
notice and demand. The CTA, therefore, made an error
categorical language, there is no room for where it fixed a new date.
interpretation. There is only room for
application.37 People v. Mapa
- Law cannot be changed under the guise Mapa claimed that he was a secret agent of Governor
of interpretation.38 Leviste when he was charged for illegal possession of
Maxim: index animi sermo est (speech is the unlicensed firearms.
index of intention) Held: Although it was earlier held that secret agents
Presumption: The words employed by the may be exempted from possession of firearms since
legislature in a statute correctly express its they do the work of peace officers, the Revised
intention or will and preclude the court from Administrative Code clearly enumerated those who
may be exempted, and secret agents were not
construing it differently.
included.
Silva v. Cabrera
Chartered Bank Employees v. Ople
Cabrera wanted to construct an ice plant even if there
Employees of Chartered Bank complained that they
is an existing one already owned by petitioner. The
were not paid for the 10-day holiday. Employer said
case was brought to the Public Service Commission,
that a circular made by Sec. Ople clarified that regular
and the agency appointed Atty. Espellera to hear the
employees are presumed to be paid for the whole
case and receive evidence. The PSC rendered a
year, thereby also counting holidays.
decision allowing respondent to operate.
Held: The Labor Code clearly stated that holidays
should be paid by the employer to regular employees,
37
Cebu Portland Cement v. Municipality of Naga hence, the circular is invalid. Moreover, it was also
found out that the computation for the salaries did not
38
Crisologo v. Macadaeg

include said holidays, hence, the employer is really of the purpose it serves and the evils it seeks to
liable for said payment. prevent. Ursuas use of a fictitious name in a single
instance without any sign that he intended to be
Melendres v. COMELEC known by this name does not fall within the provision
Melendres lost to Concepcion in a barangay election. of CA 142.
He filed an election protest to an MTC. Concepcion
filed a petition to the COMELEC and moved to dismiss Supreme Court rulings part of the legal system
it upon knowing that no docket fee was paid. Hence,
petitioner questioned the jurisdiction of the COMELEC. Judicial decisions applying or interpreting the laws
Held: Payment of docket vests jurisdiction to a court
or the Constitution shall form part of the legal
(Gatchalian v. CA). Non-payment of this means no
protest must be given due course. The COMELEC is
system of the Philippines.39
right when it dismissed it since its Rules of Procedure Maxim: legis interpretato legis vim obtinet (the
provided that protests should be filed 10 days after the authoritative interpretation of a statute acquires
proclamation; the payment was done 25 days after the force of the law by becoming a part thereof)
said proclamation. - As of the date of the date of enactment
- Interpretation establishes the
Ratio legis (Spirit of the law) contemporaneous legislative intent
- Moving away from the literal
interpretation stare decisis et non quieta movere
Maxims: ratio legis et anima legis (the reason - When the Supreme Court has once
of the law is its soul); laid down a principle of law as
ratione cessat lex et cessat lex (when applicable to a certain state of facts, it
the reason of the law ceases, the law ceases) will adhere to that principle and apply
Presumption: The letter of the law is its body; to all future cases where the facts are
the spirit (reason), the soul; and the substantially the same
construction of the former should never be so - Assures certainty and stability in the
rigid and technical as to destroy the latter. legal system
People v. Nazario Perfecto v. Meer

Nazario, a lessee of land used as fishpond, was taxed Held:
under a municipal ordinance. He contended that said
ordinance was vague. Endencia v. David
Held: The law is not vague. The word owner should Following the ruling in Perfecto v. Meer that a tax on
be construed as to include petitioner. Since the land is SC justices and other officials of the judiciary is a
owned by the government, for he is a mere lessee, it diminution of their salary, contrary to the Constitution,
cannot be said that the tax should shouldered by the Congress enacted a law including subjecting them to
latter for being the owner. Petitioner, being the income tax and declaring that it is not a diminution of
operator of the pond, manager of the workers, and the their salary.
one who gets profit from it should be responsible for Held: Congress cannot overrule, in a legislative action,
the tax burden. a construction of a constitutional provision made by
the Court. In declaring that subjecting court officials
Ursua v. CA to income tax is not a diminution of their salary, they
Usua was charged with a case for allegedly using an are invading the province of the Court to interpret
alias in claiming a complaint. Since the messenger of laws.
his legal counsel was attending some personal matters,
petitioner asked for the permission to use the People v. Canton
messengers name. Later, it was found out that he
signed using that messengers name.
Held: The law penalizing the use of aliases should not 39
Art. 8 (CC). Judicial decisions applying or interpreting the laws or
be construed literally. It should be interpreted in light the Constitution shall form a part of the legal system of
the Philippines.

The metal detector beeped when Susan Canton passed
through it. Initially she said that it was only money, but People v. Licera
the lady frisker called her superior. She was brought Defendant was charged with illegal possession of
inside a rest room and was frisked. Several grams of firearms. He contended that he is exempted from this
shabu was found in her abdominal, genital, and thigh rule saying that he was a secret agent employed by
areas. Gov. Leviste of Batangas.
Held: Although the Constitution grants the right to Held: Although the then prevailing ruling was People v.
privacy, the Terry search conducted to her is valid. The Mapa, where secret agents are not anymore
arrest without a warrant was justified since it was only considered as peace officer, therefore, not exempted
carried out upon discovery and recovery of shabu in from permit to carry firearms, it was non-existent
her as ruled in People v. Johnson. when Licera was charged. The then ruling was People
v. Macarandang where the Court interpreted secret
DAR v. Sutton agents as peace officers. Hence, the latter should apply
Respondent inherited a land which they devoted for to this case since Licera relied on it in good faith.
cattle breeding. Initially they availed of voluntary offer
to sell because of incentives, but withdrew it after the *Only Supreme Court sitting en banc may modify
Court promulgated the doctrine exempting agricultural or abandon an established principle of law, not
lands used for poultry and livestock breeding in Luz
any division (Sec. 4 Par. 3, Art. VIII)40
Farms v. DAR Secretary. Petitioner only granted partial
exemption on the basis of an administrative order
Exception: If the Court has stated in a decision not
issued. a principle of law but a mere obiter dictum (a
Held: The ruling of the Court should be enforced. In its thing said in passing), a division may validly reject
interpretation in Luz Farm, it clearly declared the or disregard it.
exemption of said lands used in poultry and livestock.
The administrative order providing for a 1:1 ratio is *The Court has the duty to formulate guiding and
unconstitutional. Although the DAR may issue orders controlling constitutional principles, precepts or
and regulation, these are subject to judicial review. doctrines. The power to issue guidelines is not
judicial legislation, the Court merely defines what
*The interpretation of a statute remains to be the law is.
part of the legal system until the Supreme Court Examples:
overrules it and the new doctrine overruling the 1. Partylist: Ang Bagong Bayani-OFW Labor
old is applied prospectively in favour of parties Party v. COMELEC
who relied on it in good faith. 2. Psychological incapacity: Republic v. CA
and Molina
*Judicial ruling cannot be given retroactive effect 3. Anti-subversion: People v. Ferrer
if to do so will impair vested rights and the parties 4. Rights when arrested: Morales v. Enrile
relied on it in good faith.
Maxim: lex prospicit, non respicit (the law looks Floresca v. Philex Mining
forward, not backward) Several workers of respondent died when the mine
collapsed. The petitioners asked for compensation
Columbia Pictures v. CA which was given. After learning that there was
After being granted a petition for a search warrant in negligence on the part of the company, petitioners
an alleged place where pirated movies were produced, sued and asked for damages under the Civil Code.
the CA dismissed the case when the SC promulgated a
new doctrine requiring the presentation of the master 40
(3) Cases or matters heard by a division shall be decided or
copy. resolved with the concurrence of a majority of the Members who
Held: Although court interpretations are deemed part actually took part in the deliberations on the issues in the case and
of the law during its enactment, it could not be applied voted thereon, and in no case without the concurrence of at least
three of such Members. When the required number is not obtained,
retrospectively especially when it introduces a new
the case shall be decided en banc: Provided, that no doctrine or
ruling and vested rights were accrued before principle of law laid down by the court in a decision rendered en
(production of master copy). banc or in division may be modified or reversed except by the court
sitting en banc.

Held: There was no judicial legislation when the
Supreme Court held that petitioners can still claim
damages in civil courts even if the Workmens
Compensation Act expressed that its Commission shall
have exclusive original jurisdiction. It just merely gives
life to the law.
*The court should interpret the law as a whole
Acop v. Guingona
Two police officers testified that the Kuratong Baleleng
controversy was in fact a rub-out not a shoot-out.
Sens. Drilon and Roco placed them under the witness
protection program.
Held: Although in Sec. 3 clearly said that only the
relatives of police officers and not themselves are
qualified for said protection, Sec. 4 provided that the
Senate and the House may also give this protection to
any person. The statute must be interpreted as a
whole, giving life to all its parts, hence, Sec. 4 should
be seen as an exception to the provision in Sec. 3.
Limitations on power to construe
1. Courts may not, under the guise of

interpretation, enlarge the scope of a
statute and include therein situations not
provided nor intended by lawmakers.41
2. Neither should courts construe statutes
which are perfectly vague for it is
repugnant to the Constitution (see test of
Constitutionality)
3. Courts do not pass upon questions of
wisdom, justice or expediency of
legislation. For any shortcoming of a
statute is for the legislative alone to
correct by appropriate enactment.42
41
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 the omission.
(People v. Garcia)
42
Lacson v. Roque

AIDS TO CONSTUCTION - Part written immediately after the title-
Whereas clauses
*Where the meaning of the statute is ambiguous, - Although not an essential part of the
the courts may avail of itself all legitimate aids to statute, it is important if there is
construction to ascertain the true intent of the ambiguity in the meaning since it states
legislature. the purpose, reason or justification for
the enactment of the law
Intrinsic- found in the printed page of the statute - Key of the statute- holds the purpose to
Extrinsic- extraneous facts and circumstances be achieved, mischief to be remedied,
outside the printed page and object to be accomplished (legislative
intent)
Intrinsic Aids - Found only in presidential decrees issued
by the president in the exercise of his
1. Title legislative power since Congress usually
2. Preamble include an explanatory note
3. Context of the whole text
4. Punctuation marks People v. Purisima
5. Capitalization of letters PD 9 was promulgated making the carrying of bladed
6. Headnotes or epigraphs weapons criminal. Several individuals in different
provinces were caught and charged for this.
7. Language/ lingual text
Held: The Court, in using the whereas clauses, said
that in order for this to be a crime, it should be in
Title furtherance to rebellion, sedition and coup detat.
- It may indicate the legislative intent to Clearly, the acts should be within the intent of PD 1081
extend or restrict the scope of the law and GO 6 and 7.
- Carries more weight because of the
constitutional requirement of one bill-one Context of the whole text
subject expressed in the title43 - Best source to ascertain legislative intent
- An indispensable part of a statute for is the statute itself- words, phrases,
what may inadequately be omitted in the sentences, sections, clauses, provisions
text may be supplied by its title (City of - Taken as a whole and in relation to
Baguio v. Marcos). another; not from an isolated part or
Exception: When the text of the statute is particular provision
clear and free from doubt
PRC v. De Guzman
Ebarle v. Sucaldito Medicine students from Fatima University got
Gov. Ebarle sought to dismiss several criminal charges unusually high scores in their board exam. This
of graft and corruption due to non-compliance to EO prompted the PRC to conduct an investigation.
264 outlining the procedures for complaints against Afterwards, they did not allow said examinees to take
government officials with commission of irregularities. their oath.
Held: The title of the statute clearly talks about Held: The law should be interpreted as a whole.
commission of irregularities, meaning to say, Although it ordered the PRC to allow students, upon
administrative complaints. Hence, this is not applicable completion of all requirements to take oath in Sec. 22,
to criminal procedures. While both may be considered the succeeding provision qualified this by saying that it
crimes, the EO is rather specific about this. should be done upon satisfactorily completing
everything. With the use of a dictionary, the Court said
Preamble that they should be capable of dispelling doubt or
ignorance.
43
Art. VI Sec. 26(1) Every bill passed by the Congress shall embrace Basbacio v. Office of the Secretary of Justice
only one subject which shall be expressed in the title thereof. x x x

Petitioner was accused, together with his son-in-law, - The semi-colon (;) indicates separation in
of murder and two counts of frustrated murder of a the relation of the thought. But what
family whom they have land disputes. However, he follows it should be related to the one
was acquitted by the CA for insufficiency of evidence preceding it. Although both used for the
proving conspiracy. Hence, he petitioned for payment
same purpose, the semi-colon is more
of compensation for being unjustly accused to the
Secretary of Justice but was denied
pronounced and is greater in degree than
Held: The term unjustly should be construed in terms that of a comma (,). Neither is used to
of the manner of conviction and not on his acquittal. introduce a new idea.
There should be malice in the accusation which results - A period (.) is a mark used to indicate the
to unjust imprisonment and conviction. Agreeing on end of the sentence.
the contention of the accused renders the provision - Aids of low degree and can never control
with this qualifying word ineffective. against the intelligible meaning of the
written words
Garcia v. SSS - Argument based upon these alone is not
Garcia, the remaining member of the Board of
persuasive
Directors of Impact Corporation, was charged for non-
remittance of SSS dues.
Reason: Punctuation marks are neither a part
Held: As the remaining director, she is liable for of the statute nor the English language.
payment, not only of penalties, but also of the amount When used: If it gives the statute a meaning
unremitted. Although there is a provision, when which is reasonable and in accord with the
accepted literally will mean that liability pertains only will of the legislature
to penalties, the law should be interpreted as a whole.
The 3% penalty, under Sec.22(a) automatically Capitalization of letters
44
attaches itself to the amount unremitted. - Aids of low degree; almost have the same
reasons as that of punctuation marks
NAPOLCOM v. De Guzman
With the passage of a new law, several Philippine
Constabulary members received from petitioner a
Headnotes of epigraphs
notice of retirement for reaching the age of 56. They - Index to the contents of the provisions in
contended that this age of retirement cannot be a section
applied to them since the PC is part of the Integrated - Prefix to a section or chapters of a statute
National Police whose mandatory age of retirement for ready reference
has been set to 60. - Not entitled to much weight
Held: Although the INP traced its roots to the PC, the Reason: Not part of the statute, they are
60-year old mandatory age of retirement is only mere catchwords of references
applicable to the local police component of the INP Exception: When the text of a statute is clear
and not to the PC. When the whole law is examined,
the INP and PC are not the same entity. Several
provisions of the law distinguished PC from INP, hence,
Language
taken into its context, there is no need for the assailed - The original language when a statute is
provision to have a categorical restriction since other officially promulgated will prevail
provisions have differentiated the two. The PC before - Revised Penal Code is Spanish; Judiciary
the enactment of said law were already retirable at 56, Act is English
while the local police at 60; and these were governed General rule: The English text shall control45
by different laws.
Punctuation mark
45
Book I, Chapter 4, Sec. 20 (AC). In the interpretation of a law or
44
The case also talked about the principle of ejusdem generic, where administrative issuance promulgated in all official languages, the
general words cannot be given their generic meaning if followed by English text shall control, unless otherwise specially provided. In case
specific words: (1) managing head, (2) directors, (3) partners. The of ambiguity, omission or other mistake, the other texts may be
problem with this is that the specific word came first. consulted.

Extrinsic aids - The purpose is more important than the
rules of grammar and logic
1. Intent or spirit of law - But courts cannot assume some purpose
2. Policy of law similar not expressed
3. Purpose of law
4. Dictionaries CEMCO Holding v. National Life Insurance
5. Consequences of various constructions CEMCO bought several shares of two companies. This
6. Presumptions resulted to its majority control of UCHC, and in turn, as
7. Legislative history one of the principal stockholders, an indirect
acquisition of the majority shares of UCC itself.
8. Contemporaneous construction
Respondent, feeling aggrieved because of loss of
market value, charged CEMCO for non-compliance to
Intent or spirit of the law the mandatory tender offer rule.
- Considered as the law itself, hence, it is Held: The purpose of said rule is to give minority
the controlling factor, the leading star and stockholders a chance to exit the company under
guiding light in the interpretation of a reasonable terms and sell their shares as that of the
statute majority holders. Even if the acquisition is below the
- For what is within the spirit is within the threshold, if it will result to a majority control, the
statute although it is not within the letter tender offer rule should apply.
thereof...
Dictionaries46
Fabella v. CA - Legal, scientific, general dictionaries
Several teachers were charged with administrative - Used when statutes do not define the
cases for joining mass actions demanding payment of words or phrases used and the purpose or
bonuses and allowances. After an administrative context in which the words are employed
hearing, a committee found them guilty and ordered - But definitions are not binding to courts
their dismissal. General rule: Dictionaries usually define
Held: RA 4670 was not repealed by PD807. Hence, words in their natural, plain and ordinary
there should be a representative of the teachers in the
acceptance and significance
committee hearing administrative cases. Mere
membership of teachers in an organization does not
Presumption: Lawmakers, ordinarily
make them authorized representatives. The intent of untrained philologists and lexicographers, use
this provision is the right of the teachers to be heard words in their common meaning
and their protection of their rights when facing Exception: When the statute has defined the
administrative charges. The committee, therefore, has words used and/or the legislature has
no jurisdiction. intended a technical or special legal meaning
to these words.
Policy of the law
- A construction which would promote the Consequences of various constructions
policy of the law should be favoured than - The objective should always arrive at a
that would defeat it reasonable and sensible interpretation in
- In a statute of doubtful meaning, giving a accord with the legislative intent
construction that will promote public General rule: Construction that will lead to
policy injustice or hardship, result in absurdity,
defeat the legislative intent or spirit, preclude
Purpose of the law accomplishment of legislative purpose or
- The purpose of the law or the mischief object, render certain words or phrases a
intended to be removed or suppressed surplusage, nullify the statute or make any of
are important factors to consider in
construction of statutes 46
See PRC v. De Guzman summary above

its provisions nugatory should be rejected or o Contains reason or purpose of the bill
avoided. o Arguments advanced by the author in
Presumption: The legislature did not intend to urging its passage
cause injustice in enacting statutes. Exception: The court may not use the
Exception: When the law is clear and explanatory note as basis for giving a statute
unambiguous. a meaning that is inconsistent with what is
expressed in the text of the statute. It is
Presumptions resorted only for clarification in case of doubt.
- Based on logic, experience and common
sense. Legislative debates, views and
- In absence of compelling reasons to rule deliberations48
otherwise, doubt should be in favour of - Actual proceedings of the legislative body
the presumption on that matter. (committee reports of legislative
investigations and public hearings,
Legislative history sponsorship speech, debates and
- The origin and history of the statute deliberations)
- Refers to all its antecedents from its - The discussions on the bill may contain
inception until its enactment into law. the meaning which was put to the
- Covers the period and steps done from provision
the time the bill us introduced until it is - The views expressed by the legislators are
finally passed by the legislature not controlling in the interpretation as to
the bills purpose, meaning or effect
a. Presidents message to legislature Reason: Statements made by a legislator
b. Explanatory note during floor deliberations do not reflect the
c. Legislative debates, views and views of the entire house. It is impossible to
deliberations determine with authority what construction
d. Reports of commissions was put upon by members of the Congress
e. Prior laws from which statute is based who passed the bill. Those who did not speak
f. Amendment of the statute may not have agreed with those who did; and
g. Adopted statutes those who spoke might differ with each other
h. Conditions at the time of enactment (Manila Jockey Club v. Games and
i. History of the times Amusement Board)
Exceptions:
Presidents message to legislature47 1. There are circumstances indicating a
- The Presidents address usually contains meaning other than that expressed by a
proposed legislative measures. legislator
- It indicates his thinking on the proposed 2. Views expressed where conflicting
legislation which, when enacted into law, 3. Intent deducible from such views is not
follows his line of thinking. clear
4. Statute is free from ambiguity
Explanatory note 5. When the legislator is not a member of
- Short exposition or explanation the congress that enacted it
accompanying a proposed legislation by
its author or proponent. Manila Jockey Club v. Games and Amusement Board
47
Art. VII, Sec. 23 (Const). The President shall address the Congress
48
at the opening of its regular session. He may also appear before it at In NAPOLCOM v. De Guzman, the records of the bicameral
any other time. conference committee clearly showed the legislative intent to
exclude the PC from the INP

A law was passed increasing the number of days the - This indicates the intent to change the
PCSO can conduct races. However, it did not specify meaning of the provision from that it had
when these days were. The GAB resolved it by originally
reducing the number of days private entities can hold - Where there is a showing that a statute
their activites.
has undergone several amendments and
Held: The statement of individual members is not
binding for it may only reflect the opinion of that
each amendment used different
member alone. It may not reflect the intent of all those phraseology, the deliberate change of
who passed the law. words is an indication of the intent to
change the meaning (Portillo v. Salvani)
CASCO Philippine Chemical Company v. Gimenez Presumption: There must be some purpose in
CASCO filed for refund for the tax they paid for the making changes which should be ascertained
separate importation of urea and formaldehyde and given effect.
following the resolution issued by the Monetary Board.
Held: Although the bill approved in Congress contained Amendment by deletion
urea and formaldehyde, and the statements made
- Deleting certain words or phrases in a
by some members clearly expressed the exemption of
separate importation, individual statements do not
statute indicates the legislative intent to
reflect the view and intent of Congress as a whole in change its meaning
passing said act. The enrolled bill stating urea and Presumption: The legislature would not have
formaldehyde is conclusive. If there was a mistake in made the deletion had the intention been not
printing, a curative amendment must be passed. to effect a change in meaning.
Reports of commissions49 Exception to the rule that amendment

- Usually present in the codification of laws indicates change: Does not apply where the
for they compile and collate all laws on a intent is clear that the amendment is
particular subject and prepare a draft of precisely to plainly express the construction
the proposed code of the act prior to its amendment because its
language is not sufficiently expressive of such
Prior laws from which a statute is based construction. 50
- Part of the antecedent of the statute Reason: Remember that in codification,
involved are prior laws on the same revision and compilation of laws,
subject condensation and brevity is necessary. Words
- Especially applicable in the interpretation that do not materially affect the statute are
of codes and revised or compiled statutes omitted.
- Shows the legislative history that may
clarify the intent of the law or shed light Tung Chin Hui v Rufus B. Rodriguez
on its meaning and scope Petitioner was arrested for using a tampered passport
which has been cancelled by Taiwanese authorities. He
Amendments of statutes filed a petition for habeas corpus to an RTC and was
granted. After the denial of a motion for
* Applies when the deleted words or phrases
reconsideration, respondents filed a notice of appeal
are not surplusage or when the intention is of judgment. Petitioner filed an opposition since the
clear to change the previous meaning of the appeal was filed long after the 48-hour period
old law. prescribed for habeas corpus cases by the pre-1997
Rules of Court.
Change in phraseology by amendment
50
In Enrique v. CA, the MSPB law did not render the CSC law invalid
since the two can be harmonized. The first duty of the court is to
reconcile the conflicting provisions. Only if the repugnancy is
49
In Civil Code and Revised Penal Code; Constitutional Commission irreconcilable that we can say that there has been an implied repeal.

Held: The 1997 Revised Rules of Court has deleted said Presumption: In adopting foreign statutes, the
provision found in the earlier code. Hence, the legislature is deemed to adopt also the
prevailing rule should be obeyed. previous judicial construction and practical
application of said statute in that country.
Laguna Lake Development Authority v. CA Exceptions:
LLDA was charged by law to maintain and protect the
1. Where there is material difference
Laguna de bay. After the passage of the Local
Government Code, several mayors who have territorial
between the foreign and local law
jurisdiction in some parts of the lake issued business 2. Where the foreign construction is
permits to construct fish pens in said area. As a result, patently erroneous or has not been
LLDA ordered the demolition of the fish pen. settled
Held: It cannot be said that the latter law (LGC) has 3. Where foreign construction is not
repealed the LLDA charter, it being the most recent reasonable, not in harmony with justice,
one. The LLDA is more specific as compared to the public policy and other local statutes
local government code, which generally talks about the 4. Where the local court has given its own
municipal waters. construction to said statute
GSIS v. City Assessor of Iloilo
Private respondent bought two parcels of land named
Conditions at the time of enactment
to GSIS in an auction. Said lands were foreclosed for - Physical conditions of the country and the
failure to pay real property tax. GSIS wanted to annul then circumstances that may affect the
the judgment of entry of title in her name over the legislative intent
lands claiming that it was exempted from local taxes. - The Court should place itself in the
Held: It cannot be said that the new GSIS charter has situation of the legislature during that
repealed the Local Government Code provision time
regarding collection of taxes. Although the titles of Presumption: Statutes do not operate in a
land are named under GSIS, it has already conveyed vacuum. In enacting a statute, the legislature
and alienated the lands to private persons. Hence, the
is presumed to have taken into account the
lands are now subject to taxes. In this way, the two
laws are reconciled. And even if it does repeal the LGC,
existing conditions of things at the time of
it cannot be applied retroactively especially if a vested enactment
right will be prejudiced.
History of the time
Ty v. Trampe - Almost similar to taking into
Ty, a registered owner of the land, received a notice of consideration the condition at the time of
assessment respecting certain real properties. enactment
Held: There is no express repeal especially because the - The law, being a manifestation of social
statute has provided a clause enumerating the laws it culture and progress, must be interpreted
shall repeal. Before determining if there is an implied taking into consideration the stage of
repeal, the Court should try to harmonize said laws.
such culture and progress including all
The assessors action was set aside since he should
have coordinated with other city assessors before
concomitant circumstances
determining the tax increase. Presumption: Law is not a watertight
compartment sealed or shut off from the
Adopted statutes contact with the drama of life which unfolds
- Foreign statutes adopted in this country before our eyes. It is not a cloistered realm
form part of its legislative history. but a busy state in which events are held up
General rule: The interpretation and decision to our vision and touch our elbows.51
of foreign courts are given great weight if the
local statute was patterned after or copied
from those of another country.
51
Wortham v. Walker Tex

Contemporaneous construction52 2. Competence, expertness, experience, and
- Also called practical constructions informed judgment, and the fact that
- Constructions placed upon the statutes at they draft the law they interpret
the time of, or after, their enactment by 3. Need for certainty and predictability in
the executive, legislative or judicial the law
authorities
Maxim: contemporanea exposition est optima Exceptions:
et fortissimo in lege (the contemporary 1. No ambiguity in the law (Regalado v Yulo)
construction is strongest in law) 2. Construction, clearly erroneous is null and
void (Molina v. Rafferty)
*What is commonly understood as 3. The court has previously given the statute
contemporaneous construction is that one placed a different interpretation (Asturias Sugar
upon the statute by an executive or Central, Inc. v. Commissioner of Customs)
administrative officer.
*With the duty to enforce the laws come the Enrique v. CA
interpretation of its ambiguous provisions. Petitioners were charged for helping examinees in the
civil service exam in consideration of a payment. The
Weight given to contemporaneous construction CSC rendered a decision dismissing them.
Held: Although there is a law creating a Merit System
- It is entitled to great weight and respect
Protection Board under the CSC vesting it with
by the courts in the interpretation of jurisdiction to hear and decide administrative cases,
ambiguous provisions of law. CSC also has a concurrent original jurisdiction. The
- Especially if the construction is followed MSPB law did not amend the CSC law. Great weight is
for a considerable period of time (Molina given to the CSC Memorandum Circular stressing the
v. Rafferty), weight given increases as the concurrent jurisdiction of the two bodies.
period in which it is followed and
observed lengthens and its acceptability *But erroneous construction does not prevent
widens. correction:
- So long as it continues and Congress has - The doctrine of estoppels does not
not seen fit to repeal or change the law preclude correction of the erroneous
construction by the officer himself, his
Presumption: Executive officials are presumed to successor, or the Court.53
have familiarized themselves with all - A person who has relied upon such
considerations pertinent to the meaning and construction may not prevent the
purpose of the law, and to have formed an application of the new interpretation.54
independent, conscientious and competent - This who have benefited may not prevent
expert opinion (Asturias Sugar Central, Inc. v. correction; or excuse themselves from
Commissioner of Customs) complying with the corrected one; or set
up as a legal obstacle against recovery
Reasons: from them of what they received on the
1. Respect due the government agency or basis of an erroneous construction55
officials charged with the implementation
of the law
53
PLDT v. Collector of Internal Revenue
52 54
In CEMCO Holdings, Inc. v. National Life Insurance, the Koppel (Phils.) v. Yatco
contemporaneous construction of the SEC to the mandatory tender
55
offer rule was sustained since it was tasked to implementation of the Legaspi v. Mathay
Securities Act.

General rule: Erroneous construction creates no - Rules and regulations issued by executive
vested rights on the part of those who relied upon or administrative officer pursuant to law
them, and followed such construction. have the force and effect of laws.
Reason: A vested right may not arise from a - The administrative agency has the power
wrong interpretation of a law by an to interpret its own rules; this will
administrative or executive officer whose primary become part of the rules
duty is to enforce, and not to construe the law.56
Exception: This is not absolute and admits *Legislative interpretation
exceptions in the interest of justice and fair play.57 1. Prescribes rules of construction or
indicating how its provisions should be
ABS-CBN v. CTA construed in an interpretative or
A memorandum circular interpreting the National declaratory clause of a statute
Internal Revenue Code was release. Following this, 2. The legislature may also define the terms
ABS-CBN dutifully paid the taxes according to the used in the statute
formula set. A new law was passed amending the
3. It may also pass a resolution indicating its
assailed provision. A new order was released by the
commissioner of internal revenue revoking the earlier
sense or intention in a statute
circular for being erroneous for lack of legal basis. 4. May also take the form of legislative
Because of this, they demanded petitioner to pay the approval:
deficiencies based on the new formula. a. Re-enactment of a statute
Held: Although the government is not estopped to previously given a
collect taxes because of mistakes of its collectors, it contemporaneous construction is
admits of certain exceptions in the interest of justice a persuasive indication of
and fair play. The order cannot be retroactively applied legislative approval58
if it will prejudice the taxpayer, especially if the latter b. Using words similar in import to
has followed it in good faith.
the language of an earlier law
which has received a practical
Kinds of executive interpretations
interpretation
1. Interpretation by usage or practice-
c. Amending a prior statute
construction made by an executive officer
without providing anything
directly called to implement the law
which would restrict, change or
(circular, directive, regulation, opinions
nullify the previous
and rulings)
contemporaneous construction
2. Advisory opinions- one made by the
placed upon it
Secretary of Justice in his capacity as chief
d. Appropriating money for the
legal adviser of the government upon
officer designated to perform a
request of administrative officials who
task pursuant to an interpretation
enforce the law.
of a statute
3. Ruling of quasi-judicial agencies-
e. With notice of a previous
interpretation handed down in an
construction, the legislature did
adversary proceeding
not do repudiate it, there is
implied acquiescence to, or
*The common usage and practice under a statute
is of great value to its construction.
Maxim: optimus interpres rerum usum (the best
interpreter of a law is usage) 58
To be applicable, earlier law must be re-enacted and not merely
amended and the contemporaneous construction must be in the
form of regulation to implement the law and duly published and not
56
Hilado v. Collector of Internal Revenue merely administrative ruling embodied in a letter to a specified
individual and not published (Alexander Howden & Co., Ltd. v.
57
ABS-CBN v. CTA Collector of Internal Revenue).

approval of, an executive or sound, must be abandoned if found to be
judicial construction of a statute contrary to law. For it is more important for
Exception: The legislature, in indicating its the court to be right.
construction of a law, cannot limit or restrict
the power of the Court. When applicable:
- It may not make a definition 1. Direct ruling- ruling must be
conclusive to a statute which categorically stated on an issue
defined the term or to other expressly raised by the parties
statutes (City of Manila v. Manila 2. Facts are substantially the same
Remnants Co, Inc)
- It cannot validate a law which Lazatin v. Desierto
violates the constitution to Congressman Lazatin was charged by the Fact
prevent an attack of it in the Finding Bureau of the Office of the Ombudsman
courts (Endencia v. David) with malversation of public funds. The Office of
the Special Prosecutor (OSP) submitted its
When used: While legislative interpretation is
resolution to dismiss the charge for lack of
not controlling, the Court may resort it to evidence. The Ombudsman ordered the Office of
clarify ambiguity in the language. Such Legal Affairs to review the OSP resolution. The
interpretation is entitled to respect, especially latter recommended proceeding with the case.
if the executive department has similarly Lazatin claimed that, under the Constitution, it is
construed the state.59 60 not within the power of the Ombudsman to
prosecute. The power is expressly given to the
Stare decisis OSP.
- The decisions of the Supreme Court Held: Although not expressly enumerated, the
applying or interpreting a statute is Ombudsman is given other powers necessary to
further its duties. As early as Acop v. Office of the
controlling with respect to the
Ombudsman, the Court already ruled that RA 6770
interpretation of that statute and is of is not unconstitutional, although it subsumed the
greater weight than that of an executive OSP under the Ombudsman. Several cases
or administrative officer followed the precedent; hence, unless there is no
- Desirability of having stability in the law clear and compelling reason to abandon the
Reason: Interpretation given by the Supreme doctrine, it should be followed.
Court forms part of that statute itself and of
the legal system and comes from that branch Ting v. Velez-Ting
entrusted with the duty to construe or Respondent filed for a declaration of nullity of
interpret the law.61 marriage under Art. 36 of the Family Code. She
claimed that her husband does not only give
Maxim: stare decisis et non quite movere (one
support to the family but also is a compulsive
should follow past precedents and should not gambler, drunkard, and violent. The trial court and
deserve what has been settled) CA declared their marriage null and void after
Exception: It does not mean blind adherence taking cognizance of the psychiatric finding
to precedents. The doctrine, no matter how presented by respondent.
Held: The Court did not overrule the Santos and
Molina doctrines. It merely liberalized it since
59
For an orderly and harmonious interpretation and advancement of instead of serving as guidelines, these became a
the law, the court should, when possible keep step with other straightjacket fitting all cases into it. The
departments (Yra v. Albana).
psychiatric reports shall not be conclusive to the
60
In case of an agreement between two departments- the executive courts and are not condition sine qua non for the
and legislative- to the meaning of the law, and it devolves upon the nullity of marriage. The totality of evidence should
judiciary to give it a deferential treatment (Bengzon v. Secretary of be the basis.
Justice).
61
Art. 8 (CC)

When not used:
1. Ruling is an obiter dictum62
2. Facts are dissimilar
3. There is a conflict between the
precedent and the law63
*Only Supreme Court can change or

abandon a precedent enunciated by it.
*Until it abandons or overrules a

doctrine, the lower courts are duty bound
to obey it. If lower courts feel that the
doctrine is against their way of reasoning,
they may state their personal opinion but
must decide the case in accordance with
the doctrine and not with their personal
view.64
Tan Chong v. Secretary of Labor

Two cases are involved having almost similar facts.
Both petitioners had a Chinese father and a
Filipino mother and were born in the Philippines:
the first one in San Pablo, Laguna, the other in
Jolo, Sulu. At first, they were declared Filipino
citizens by the Court but the Solicitor General filed
a motion for reconsideration.
Held: The Court has cited a long list of cases
pertaining to citizenship, in which its decisions
vacillated. Stare decisis cannot apply when the
precedent and the existing law are in conflict.
Since the jus soli common law principle of the US
did not extend to out jurisdiction and, only
Spanish subjects residing from April 11, 1899 are
considered citizens under the then prevailing
Philippine Bill of 1902, the Court ruled that
petitioners were not Filipino citizens on the
ground that their father was of Chinese parentage.
62
Opinion express by a court upon some question of law which is not
necessary to the decision of the case before it. It is a remark made,
or opinion expressed, by a judge in his decision upon a cause by the
way, that is, incidentally, and not directly upon the question before
him, or upon a point not necessarily involved in the determination of
the cause, or introduced by way of illustration, or analogy or
argument (Delta Motors Corp. v. Secretary of Labor).
63
In Tung Chin Hui v Rufus B. Rodriguez, the Court held that the
doctrine of stare decisis cannot be invoked since there is a new law
that took effect, hence, the rulings of the previous cases shall no
longer apply.
64
Canon 18, Canons of Judicial Ethics

ADHERENCE TO, OR DEPARTURE FROM, 4. Courts must administer the law, not as
LANGUAGE OF STATUTE they think it ought to be but as they find
it and without regard to consequences. 66
Adherence to the language 5. The law should be applied regardless
whether it is unwise, hard or harsh.
Literal meaning, Plain-meaning rule, Verba legis 6. If the law is clear and free from doubt, it
is the sworn duty of the court to apply it
General rule: The intent of the legislature is found without fear or favour, to follow its
in the language of the statute. mandate, and not to tamper with it.67
7. What it decrees must be followed; what it
Maxims: commands must be obeyed.68
- index animi sermo est (speech is the index 8. Where the law is clear, appeals to justice
of intention) and equity as to justification to construe
- verba legis non est recedendum (from the it differently are unavailing. 69
words of the statute there should be no
departure) Globe Mackay v. NLRC
- dura lex sed lex (the law may be harsh, Private respondent Salazar was found to be close to
Saldivar and, in fact, living with him in an apartment.
but it is still the law)
The latter was investigated for defrauding petitioner
- hoc quidem perquam durum est, sed ital and use of an air-con without authorization. Because
ex scripta est (it is exceedingly hard but so of this, she was suspended and, later on, dismissed.
the law is written) Held: The suspension is legal. However, there was no
Reasons: sufficient evidence for her dismissal. Hence, following
- A statute, being the will of the legislature, the provision of the law, she was unjustly removed and
should be applied in exactly the way the is entitled to reinstatement and payment of back
legislature has expressed itself clearly in wages. The principle of strained relations cannot be
the law. accepted since her job as systems analyst is not one
- The duty of the court is limited to characterized as a position of trust. Loss of confidence
cannot also be accepted since it must rest upon a valid
inquiring into the legislative intent and,
basis. The report made by the companys internal
once this is determined, to making said auditor is one-sided because Saldivar has already
intent effective. resigned, depriving him opportunity to defend himself.
Phrases: Cecileville Realty & Service Corp. v. CA

1. What is not clearly provided in the law Petitioner owned a parcel of land while private
cannot be extended to those matters respondent Pascual occupied a portion of it. Despite
outside its scope.65 several demands, Pascual did not vacate the land.
2. Where the statute is clear, plain, and free Held: The defense that Pascual was just helping his
from ambiguity, it must be given its literal mother, a tenant, in cultivating the lands cannot be
accepted. The law is clear, only the tenant, and not his
meaning, applied without attempted
interpretation and must be taken to mean
exactly as what it says. 66
For whether a statute is wise or expedient is not for the courts to
3. Where the law is clear and free from determine (Director of Lands v. Abaya).
doubt and ambiguity, there is no room for 67
Go v. Anti-Chinese League of the Philippines
construction or interpretation.
68
PNB v. Bitulok Sawmill, Inc.
69
For equity is available only in the absence of law and not its
replacement. Equity is described as justice outside legality, which
simply means that it cannot supplant although it may supplement
65
Baranda v. Gustillo the law. Aequitas nunquam contravenit legis. Equity never acts in
contravention of justice (Aguila v. CFI Batangas).

relatives, can demand for a home lot suitable for Held: Child support is immediately executory and
dwelling. cannot be stayed by an appeal unless provided by the
trial court. This has been clearly stated in the Rules of
RCBC v. IAC Civil Procedure.
BF Homes filed a petition for rehabilitation and
suspension of payments with the SEC. RCBC, as a Largado v. Masaganda
creditor, requested the sheriff to extra-judicially Private respondent Delos Reyes filed a petition to the
foreclose its real estate mortgage. Despite the ongoing Justice of the Peace asking for the guardianship of
case in the SEC, RCBC filed an action for mandamus to petitioners children. It was decided in his favour but
compel the sheriff to execute a certificate of sale in its upon appeal to the CFI, it was dismissed since the
name. Later on, SEC appointed a management Judiciary Act of 1948 said the justices of the peace may
committee to assist BF Homes with the not extend to the appointment of guardianship.
rehabilitation/liquidation. Held: The decision of CFI is affirmed. The law was clear.
Held: Even if it would seem logical that suspension Although it was contended that the term guardian
should succeed the application for rehabilitation, the was only due to an oversight, as opined by the Justice
law is clear. Only when a management committee is Secretary, the mistake cannot be corrected by
appointed will other actions and claims shall be executive fiat but by legislation, which Congress has
suspended. done in enacting RA3090 correcting said statute. But
this cannot be given retroactive effect.
Segovia v. Sandiganbayan
Segovia, and other petitioners who were suspended, Departure from literal interpretation
were designated to the Contracts Committee for a
project of NAPOCOR in Mindanao. They had Ratio legis
disqualified the two lowest bidders. Because of this,
- Interpretation according to the spirit of
Urban, the second lowest bidder complained and
charged them for violations of the Anti-Graft and
reason of the law
Corrupt Practices Act. As a result, they were suspended
during the pendency of investigation. General rule: The spirit or intention of a statute
Held: The law clearly provided that all officials, during prevails over the letter of it.
the pendency of a criminal prosecution, shall be meted
with a preventive suspension. It is mandatory and not Maxims:
discretionary on the part of Sandiganbayan; this is to - ratio legis et anima legis (the reason of
prevent them from influencing the process either by the law is its soul);
intimidating the witnesses or tampering with - ratione cessat lex et cessat lex (when the
evidences.
reason of the law ceases, the law ceases)
People v. Mapa
- verba intentioni, non e contra, debent
Mapa claimed that he was a secret agent of Governor inservire (words ought to be more
Leviste when he was charged for illegal possession of subservient to the intent and not the
unlicensed firearms. intent to the words)
Held: Although it was earlier held that secret agents
may be exempted from possession of firearms since People v. Almuete
they do the work of peace officers, the Revised Defendants were accused of pre-threshing a portion of
Administrative Code clearly enumerated those who the harvest without notice to and consent of the
may be exempted, and secret agents were not landowner. They were charged for violating the
included. Agricultural Tenancy Act.
Held: The case was dismissed since the law from which
Gan v. Reyes the crime was founded has been effectively repealed
Reyes filed an action for support, claiming that she and by the Agricultural Land Reform Code. A similar case
Gan had a lovechild. The trial court ruled in favour of was also dismissed by the SC since the law was already
Reyes and ordered the immediate execution of the in force at the time of the commission of the crime.
support. Gan challenged the ruling and still withheld
support.

When used: of the law in order to give due course and carry
- A statute must be capable of construction out the evident intent.73
or interpretation. The court must use
every authorized means to ascertain the - Supplying legislative omission
intent of the statute and give it an Where literal import of the language
intelligible meaning. The court may even of a statute shows that words have been
depart from the language of a statute if to omitted that should have been in the
do so will enable to effectuate legislative statute to carry out its intent and spirit,
intent and purpose. clearly ascertainable from the context,
- If a language is capable of more than one the court may supply the omission to
meaning is to be taken in such sense as to make the statute conform to the obvious
harmonize with the intention and object intent of the legislature or to prevent the
and effectuate the purpose of the act from being absurd.74
enactment. - Correcting clerical errors
The court, in order to carry out the
When not used: Where a statute totally fails to obvious intent of the legislature, may
express a meaning, a becoming sense of judicial correct clerical errors, mistakes or
modesty forbids the court from assuming and, misprints which, if uncorrected, may
consequently, from supplying a meaning to it. render the statute meaningless, empty or
Hence, the statute is necessarily inoperative. nonsensical or would defeat or impair the
intended operation.75
Limitation: Applies only when there is ambiguity - Surplusage and superfluity disregarded
in the language employed in the law. Where the Where a word, phrase or clause in a
law is clear and free from ambiguity, the letter of statute is devoid of meaning in relation to
the law is not disregarded on the pretext of the context or intent of the statute, or
pursuing its spirit.70 where it suggests a meaning that nullifies
the statute or renders it without sense,
Phrases: these may be rejected as surplusage and
1. The thing which is within the intention of entirely ignored.76
the statute is as much within the statute - Redundant words may be rejected
as if it is were within the letter, and a Although it is a general rule to give
thing which is within the letter of the every part of the statute a meaning, it is
statute is not within the statute unless it not the obligation of the court to give a
be within the intention of the lawmaker.71 redundant word or phrase a special
2. Intent is the spirit which gives life to a significance. A use of word or phrase,
legislative enactment.72 treated as a mere reiteration or repetition
of other language in the statute, may be
How done: rejected.
In correcting a clerical error or obvious - Obscure or missing word or false
mistake, the court is not indulging in a judicial description may be disregarded
legislation, it is merely endeavouring to rectify
and correct a clearly clerical error in the wording
73
Lamp v. Phipps
74
Barret v. Union Bridge, Co.
70
De Jesus v. City of Manila
75
Griffin v. Greene
71
US v. Go Chico
76
Demafiles v. COMELEC
72
Torres v. Limjap

Lingual imperfection in the drafting of between two statutory interpretations, that
the statute should never be permitted to which better serves the purpose of the law
hamstring judicial search for legislative should prevail.82
intent. The court may disregard loose or Reason: Laws are not just mere composition,
obscure words in order to arrive at the but have ends to be achieved and that the
real meaning.77 general purpose is a more important aid to
- Number and gender of words the meaning of a law than any rule which
A word in plural may include the singular, grammar may lay down.
and vice versa.78 The masculine, but not When not used: cessante ratione legis, cessar
the feminine, includes all genders, unless et ipsa lex (when the reason of the law
otherwise provided or implied in the ceases, the law itself ceases)
context.
2. Construction to avoid absurdity
Rufino Lopez and Sons, Inc. v. CTA Statutes may be extended to cover cases not
Petitioner imported a hexagonal wire netting from within the literal meaning of the terms, if
Germany and the Collector of Customs assessed it. their exact and literal import would lead to
Failing to secure a reassessment, petitioner appealed
absurd or mischievous result83 and
to the CTA. The case was dismissed for lack of
jurisdiction.
nonsensical results. 84
Held: There was a clerical error in the statute. Presumption: Congress could not have
Following the literal interpretation, the statute has intended absurd interpretation of the law.
lodged with the CTA the appellate jurisdiction to Maxim: interpretatio talis in ambiguis simper
decisions of the Commissioner of Customs, but no fienda est ut evitetur inconveniens et
person affected by the decision of him may appeal to absurdum (where there is ambiguity, such
the CTA, only those made by the Collector of Customs. interpretation as will avoid inconvenience and
Collector in Section 11 should be read as absurdity is adopted)
Commissioner; this is not judicial legislation but only
carrying out the intent of the legislature. Paras v. COMELEC
Petitioner was then the incumbent barangay captain. A
Construction according to the spirit: year after his election, almost more than 25% of his
A statute may therefore be extended to cases constituent filed a petition for recall. Petitioner
not within the literal meaning of its terms, so long contended that the move for a recall is barred since by
as they come within its spirit or intent.79 next year, an SK election will be held, which he
interprets as a regular local election (the LGC prohibits
1. Construction to accomplish purpose any more for recall a year after and before a local
Statutes should be construed in the light of election).
Held: To accept the literal interpretation of petitioner
the object to be achieved and the evil or
leads to absurdity. This will expressly prohibit any
mischief to be suppressed.80 Construction recall move and defeat the intent of Congress. The
which gives effect to the evident purpose local election should be referred to as the one from
sough to be attained by the enactment of the which his position will be opened- in this case,
statute must be followed.81 Hence, as barangay captain.
77
Salaysay v. Castro Chartered Bank of India v. Imperial
The Philippine National Bank filed a petition in the CFI
78
Santillon v. Miranda Manila to compel Umberto de Poli et al. to deliver to
79
Rufino Lopez and Sons, Inc. v. CTA
82
Salenillas v. CA
80
LVN Pictures, Inc. v. Philippine Musicians Guild
83
Rufino Lopez and Sons, Inc. v. CTA
81
Sanciangco v. Rono
84
People v. Duque

them the goods and merchandise described in the abolished because of its cost-cutting measure. The
mortgage. As a result, the sheriff has seized the goods operation target of 60 passengers per flight was not
described. Within 24 hours after the sheriff has taken reached, it was found out that only 25 average
possession of said goods, petitioners filed a petition to passengers were there for a flight. Because of this, he
declare Umberto de Poli insolvent and was granted. sued Eva Air for illegal dismissal in the labor arbiter
The court ordered the sheriff to take possession of the and ruled in his favour. Eva Air elevated the case in the
goods and merchandise which had already been NLRC and posted a surety bond, but only amounting to
th
attached by him in the action instituted by the PNB the sum of back wages and 13 month pay.
against de Poli. Held: The Court held that to require Eva Air to post a
Held: Although creditors should be treated equally in bond inclusive of exemplary and moral damages and
the distribution of goods of an insolvent, PNB is a attorneys fee is unjust, excessive and has the effect of
preferred creditor for having a secured holding such as depriving their right to appeal.
mortgage, lien or pledge. To construe a provision
without reference to its first part, would result to an Salvacion v. Central Bank
absurd and unreasonable situation where his rights are Petitioner was raped several times by private
preserved but he cannot participate in the election of respondent Bartelli, a tourist. On the day of his hearing
an assignee in an insolvency proceeding, or surrender a for petition for bail, Bartelli escaped from jail. Hence, a
property delivered to him as security of said lien for notice of garnishment was delivered to Chinabank.
the benefit of all creditors of the insolvent. However, Chinabank contended that the account
cannot be garnished since RA 1405 prohibits the
3. Construction to avoid injustice garnishment of a foreign account.
The interpretation to be adopted is that Held: Although the law is clear, it cannot be invoked
which is free from evil or injustice. since it will lead to injustice. The intention of the law is
Presumption: The legislature, in enacting a for economic reasons, to prevent withdrawal of dollar
reserves since foreign investments were minimal.
law, did not intend to work a hardship or an
However, in Bartellis case, he was just a transient and
oppressive result. will maintain the account for a short period of time. To
Maxim: interpretation quae vitio caret (that uphold the law is to deny justice to a victim of a
interpretation is to be adopted which is free foreigner who will just stay temporarily by not availing
from evil or injustice) of damages.
Casela v. CA 4. Construction in favour of right and

Petitioners house was to be demolished after justice
Magsaysay secured a writ of execution from the CAR. Any doubt in the construction of a statute
But he did not vacate the land and even instituted a should be resolved in favour of right and
petition for payment to his house and other
justice.
improvements in the CFI. After two more writ of
executions, CAR ruled that its earlier decision cannot
Maxim: jure nature aequum est neminem cum
anymore be executed since the 5-year reglementary alterius detriment et injuria fiery
period has already lapsed. locupletiorum (when the statutes are silent or
Held: An interpretation that will lead to injustice obscure, the solution is that would response
should be avoided. Although 5 years have passed since to the vehement urge of conscience)
the decision has become final, the time when the writ
cannot be served should be deducted. This is because Alonzo v. IAC
Magsaysay has not been sleeping on his rights and Private respondents were siblings who inherited a
exhausted all legal means to eject Casela, in fact, he piece of land. Two of them sold their part to spouses
secured 3 writs of execution. Casela only wanted to Alonzo. Later, the son of the spouses built a house
delay and prolong the execution. after getting married. One of the siblings brought the
action to recover said portion for not being informed
Cosico v. NLRC of the sale (since the land is under a co-ownership).
The Assistant Station Manager position of Eva Air Held: Although the law requires a written notice of sale
operations in Manila, which Cosico was holding, was from the vendor, equity and justice should also be

considered. For several years, petitioners have been provisions as may be necessary to effectuate
living in said area. It is improbable that private its object and purpose.86
respondents would not notice that there are people Maxims: ex necessitate legis (from the
not one of them living in their inherited land. The son necessity of law)
of the petitioners has built his house receiving no
in ei quod plus sit, semper inest et
complaint from the siblings. Hence, the prescription of
the right of redemption has started sometime during
minus (the greater includes the lesser)
the 1960s (time when lots were sold).
Chua v. CSC
Petitioner Chua, a coterminous to a project in the
5. Construction to avoid danger to public
National Irrigation Administration (NIA) for a span of
interest 15 years, wanted to avail the RA6683 providing for
Where great inconvenience will result, or early benefits and separation from government
great public interest will be endangered or services. Respondent CSC did not grant her petition
sacrificed, or great mischief done, from a stating that she is not a career and non-career
particular construction of a statute, such employee, her position is not included in its regular
construction is to be avoided. plantilla.
Held: To extend the benefits to the non-career
6. Exemption from rigid application of law employees such as casual and emergency employees
Equity as well as exceptional situations in a and exclude coterminous ones will violate the equal
protection clause of the constitution since they are
case may require a departure from
similarly situated. Hence, in order to give life to it, the
established rules. Where the rigorous doctrine of necessary implications should be applied,
application of the law would result in and coterminous employees, who have rendered years
preventing a fair and impartial injury into the of service to the government should be deemed
actual facts of a case, the exigencies of justice included.
demand that the general rule should yield to
occasional exceptions wherever there are Limitations:
weighty reason for it. 1. Since it excludes what is merely plausible,
Maxim: summum jus, summa injuria (the rigor beneficial or desirable, this may not be
of the law would become the highest used to justify the inclusion in a statute of
injustice) what to the court to be wise and just,
unless it is at the same time necessarily
7. Law does not require the impossible and logically within its terms.
A statute may not be construed as to require 2. May not be used to support an
compliance with what it prescribes cannot, at interpretation destructive of the object or
the time, be legally accomplished purpose of the law.
Maxim: nemo tenetur ad impossible (the law 3. May not be contrary to the Constitution
obliges no one to perform an impossibility) or to existing laws.
Impossibilium nulla obligation est
(there is no obligation to do an impossible Necessary implications:
thing) 1. Remedy implied from a right
The existence of a right in favour of a
8. Implications person implies a corresponding obligation
Doctrine of necessary implications- what is on the part of another who violates such
implied in the statute is as much a part of it as right, and entitles the former to a remedy
that which is expressed.85 Every statute is to assure its observance and vindication.87
understood, by implication, to contain all such
86
Go Chico v. Martinez
85
In re Dick
87
Batungbakal v. National Development Co.

Maxim: ubi jus, ibi remedium (where rules and regulations includes the
there is right, there is a remedy for its authority to delegate to
violaton) subordinate officer the
2. Grant of jurisdiction performance of a particular
Jurisdiction to hear and decide cases function93
is granted by the Constitution or a 4. What cannot be done directly cannot
statute. But it cannot be implied from the be done indirectly94
language of the statute, in the absence of Maxim: quando aliquid prohibetur ex
a clear legislative intent. But the grant of directo, prohibetur et per oliquum
it carries all necessary and incidental 5. There should be no penalty for
power to employ all writs, processes and compliance with law
other means essential to make the If an act is faithfully done in
jurisdiction effective.88 Hence, where a compliance with the law, simple logic,
court has jurisdiction over the main cause fairness and reason countenance cannot
of action, it can grant reliefs incidental to allow an imposition of penalty
it, even if these are outside of its
jurisdiction. Limitations to implications:
3. Grant of power 1. Grant of power excludes greater
Where a general power is conferred power
or duty enjoined, every particular power 2. What is implied should not be against
necessary for the exercise of one or the the law
performance of the other is also 3. Authority to charge against public
conferred. These incidental powers are funds may not be implied
those which are necessarily included in, 4. Doctrine of pari delicto
and are therefore of lesser degree than Maxims:
the power granted. ex dolo malo non oritur action (no
- The power to establish an office man can be allowed to found a claim
includes the power to abolish it89 upon his own wrongdoing or inequity)
- The power to approve a license nullus commodum capere potest de
includes the power to revoke it90 injuria sua propria (no man should be
- The power to deport includes the allowed to take advantage of his own
power to order the arrest of wrong)
undesirable aliens91 in pari delicto potior est condition
- The power to regulate telephone defendentis
service includes the power to Exceptions:
establish and operate by 1. If the violation is done against an
themselves a telephone service92 avowed fundamental policy or public
- The power conferred to an interest95
administrative officer to issue 2. When the transaction is not illegal but
merely prohibited and the prohibition
is designed for the protection of one
88
Suanes v. Chief Accountant of the Senate party96
89
Castillo v. Pajo
93
Esperanza v. Castillo
90
Grodon v. Veridiano
94
Ligot v. Mathay
91
Qua Chee Gan v. Deportation Board
95
Enrique Yuchengco, Inc. v. Velayo
92
PLDT v. City of Davao
96
Barsobia v. Cuenco

INTERPRETATION OF WORDS AND PHRASES legislates what should form part of the law
itself99
How to define words and phrases Limitations:
1. Controlling in the act concerned and not
Words or phrases may have an ordinary, in other statutes even if the same word or
generic, restricted, technical, legal, commercial or term is used
trade meaning, which may be defined by the 2. If the application creates obvious
statute itself or have received a judicial incongruities in the language of the
construction. Which meaning should be given a statute, destroys the purpose, or
word or phrase rests upon what the legislature becomes illogical
intended.
General words
1. Ordinary meaning - Words of general significance in a statute is to
2. Statutory definition be taken in its ordinary and comprehensive
3. General words sense
a. Where the law does not distinguish - A general word should not be given a
4. Commercial or trade meaning restricted meaning where no restriction is
5. Technical or legal meaning indicated
6. Identical terms - If a word in a statute has both restricted and
7. Purpose of statute general meaning, the general must prevail
8. Relation to other provisions ratio legis over the restricted unless the nature of the
9. Dictated by context subject matter or the context in which it is
a. Disjunctive and conjunctive words employed clearly indicates that the limited
sense is intended
Ordinary meaning Exception: If the word is given a different or
- The general rule is that words should be given restricted meaning
their plain, ordinary, and common usage Maxims: generalia verba sunt generaliter
meaning97 intelligenda (what is generally spoken shall be
- Natural, ordinary, commonly accepted and generally understood)
most obvious signification generale dictum generaliter est
Presumption: Lawmakers employed words in interpretandum (a general statement is
their ordinary and common use and acceptation. understood in a general sense)
Since the Court should not presume that the
lawmaking body does not know the meaning of People v. Santiago
the words and the rules of grammar. Santiago was accused of libel for besmirching the
name of then Mayor Arsenio Lacson with malicious
intent. He contended that it was only oral defamation,
Statutory definition in which, action has already prescribed.
- Statutes sometimes define particular words Held: Amplifier, used by defendant, is not similar to
and phrases radio. The latter involves transmission of
- In this case, the legislative definition controls electromagnetic waves without wires, while the
the meaning of the word, irrespective of the former uses a conducting wire intervening between
ordinary or common meaning98 the transmitter and the receiver. Radio cannot be then
- But it is not a usurpation of the courts interpreted to include amplifier. And using the
function to interpret the laws, since it merely associated words, it should be construed as to be
characterized with permanence.
97
Mustang Lumber, Inc. v. CA
98 99
People v. Buenviaje De Ponce v. Sagario

*Progressive interpretation she is exempted since she was a party to the
- Generic term should include not only conversation.
peculiar conditions obtaining at the time Held: The law clearly provided that any person not
of its enactment but those that may authorized by all parties to any private communication
is liable. It did not make any distinction whether or not
normally arise after100
a person to be penalized should or should not be a
- Apply to all cases that come within the party to the conversation. Hence, even a person, party
terms and its general purpose and policy, to a conversation, records it without the others
existing subsequent to its passage knowledge is considered a violator.
- Keeps legislation from becoming
ephemeral and transitory Commercial or trade meaning
- Words and phrases, which are common use
Where the law does not distinguish among merchants and traders, acquire trade
- Corollary of the principle that general or commercial meanings which are generally
words and phrases in a statute should be accepted in the community in which they
accorded their natural and general have common use
significance101 - Hence, the understanding of the trader
- General term or phrase should not be determines the construction to be given
reduced into parts and one part - Usually applicable to tariff laws and laws of
distinguished from the other so as to commerce
justify exemptions from the operation of Exception: Legislative intent to the contrary
law102 Examples:
- Corollary to this is where the law does not 1. Dispose of is to sell103
make any exceptions, the court may not 2. Gross value in money is gross selling
except something from it price104
Maxim: ubi lex non distinguit nec nos
distinguire debemos (where the law does not Technical or legal meaning
distinguish, courts should not distinguish) - Words used in technical sense, or have been
Presumption: The legislature made no judicially construed to have a certain
classification in the use of a general word or meaning, or has a well-known legal
expression meaning105
Exception: Where there are facts or Exception: Legislative intent or qualification to the
circumstances showing that the legislature contrary
intended a distinction or qualification Examples:
1. Proper action is an ordinary suit which
Ramirez v. CA prosecutes another for the enforcement
Private respondent allegedly insulted and humiliated of a right106
petitioner in a manner offensive to her dignity and
2. Acquitted is the finding of not guilty
personality. Because of this, she instituted a civil case
for damages where she presented a verbatim
based on merit, hence, different from
transcript of the event because she recorded said dismissal (insufficiency of evidence)107
conversation. With this, private respondent filed a
criminal case against Ramirez for violating the anti-
wiretapping act or RA 4200. Petitioner contended that 103
Asiatic Petroleum Co. v. Commissioner of Internal Revenue
104
San Miguel Corp. v. Municipal Council of Mandaue
100 105
Geotina v. CA Krivenko v. Register of Deeds
101 106
Lo Cham v. Ocampo Manila Herald Publishing Co, Inc. v. Ramos
102 107
SSS v. City of Bacolod Manlayaon v. Lising

3. Previously convicted refers to the date motion for reconsideration arguing that the DOJ
of conviction and not date of commission should dismiss outright the petition since there has
of crime108 been an arraignment.
Held: The word may in the phrase may reverse,
affirm or modify in Sec. 12 of the DOJ circular should
Identical terms
be read as shall in relation to Sec. 7 which positively
- The general rule is words or phrases prohibits a giving due course if there has already been
repeatedly used in a statute will bear the an arraignment. Since there are no irreconcilable
same and consistent meaning throughout the differences or contradiction between said provisions.
whole statute109
When applied: Gachon v. Devera, Jr.
1. Particularly applies where words appear A complaint of forcible entry was filed by the private
so near each other physically respondents. Claiming to be an oversight, they filed a
2. The word has a technical meaning defined petition for extension of time to file an answer with
in the statute the MTCC but was denied since it was a prohibited
pleading. After the reglementary period, they filed for
Exception: Unless a different intention appears or
admission of answer and an amended answer. The
is clearly expressed MTCC denied the motions and considered the case
Presumption: Words used in a statute is used in submitted for resolution. It resolved in favour of
the same sense throughout the whole law private respondents.
Held: All other provisions in the Rules of Summary
Qualified by purpose of statute Procedure used the word shall in matters pertinent
- The purpose is that which induced the to pleadings and answers. The policy beyond this is to
legislature to enact the statute prevent needless delays and an orderly and speedy
- Hence, the court should adopt that discharge of judicial business. Hence, respondent judge
interpretation that accords best with the may render a judgment, motu proprio.
manifest purpose of the statute or promotes
or realizes its object110 Dictated by context
- Construction should be rejected if it negates - The context dictates how words should be
the purpose of the law construed.
o Broad sense to a word of ordinarily
Construed in relation to other provisions limited meaning (e.g. riparian refers not
- Words and phrases must be interpreted in only those living near the river but have a
relation to other provisions, and not in water frontage)111
isolation o Limited meaning of a word of broad
- Variation of construction as a whole signification (e.g. overthrow in the Anti-
Subversion Act is limited to those by force
Adasa v. Abalos or violence)112
Petitioner was charged of receiving and encashing a o Generic in one part, limited in another
check issued in the name of respondent without his (e.g. owner may be real or the
consent and knowledge. After finding a probable manager)113
cause, he was charged with by city prosecutor. In his Maxim: verba accipienda sunt secundum
arraignment, he pleaded not guilty. Dissatisfied with materiam (a word is to be understood in the
the finding of the latter, he filed a petition for review context in which it is used)
before the DOJ, of which the DOJ ordered the
prosecutor to withdraw said case. Respondent filed a
111
Santulan v. Executive Secretary
108
Rura v. Lopena
112
People v. Ferrer
109
Krivenko v. Register of Deeds
113
People v. Nazario
110
Luzon Stevedoring Co. v. Natividad

Disjunctive and conjunctive words that of words associated or accompanied by
Disjunctive words signify disassociation it114
and independence of one thing from each - Where most of the word in an enumeration of
other enumerated (e.g. or). words in a statute are used in their generic
Exception: When the spirit or context of the and ordinary sense, the rest of the words
law warrants, it may be given a meaning as should similarly be construed
that of: (1) and; (2) that is to say (given
that which precedes it the same significance People v. Delantar
as that which follows it); or (3) successively Defendant Delantar was charged because of facilitating
(in the order of). and inducing his stepdaughter to sexual servitude.
Because of their relationship, it was claimed that the
crime was attended with an aggravating circumstance
Conjunctive words means together
of relationship.
with, joined with, along or together with, Held: His relationship with the victim is not included in
added to or linked to used to conjoin word those enumerated. It was not proven that he was the
with word, phrase with phrase, clause with real or biological father. At the most, he was said to be
clause. the guardian. But the word guardian envisaged by
Exception: When the literal interpretation the law is that of having a legal relationship
would pervert the plain intention of the considering the other words in the list.
legislators as gleaned from the context or
extraneous factors, it may: (1) mean or; (2) Carandang v. Santiago
restrict the meaning of a broad word (if there Petitioner survived the attack of respondent Santiago.
As a result, respondent was charged with frustrated
is a broad and the other restrictive).
homicide. Carandang filed a civil case to recover
damages against respondents and his parents.
And/or means the effect shall be given to Respondents argued that frustrated homicide was not
both the conjunctive and disjunctive, that is included as basis for a civil case under Art. 33 invoked
taken according to the one that will best by the petitioner.
effectuate the purpose intended by the Held: The term physical injuries under Art. 33 should
legislature not be construed as a specific crime falling under the
Reason: To avoid construction that excludes Revised Penal Code. Other words associating it-
the combination of several alternatives or the defamation and fraud- do not have a specific definition
efficacy of one standing alone. and provisions in the RPC. Hence, it should be
understood in its generic sense, any bodily injury.
Ejusdem generis
Using associated words
- While general words are accorded their
generic sense, as a rule, they will not be given
1. Noscitur a sociis
such meaning if they are used in association
2. Ejusdem generis
with specific words.
3. Expressio unius est exlclusio alterius
- When a general word follows an enumeration
(negative-opposite doctrine)
of particular and specific words of the same
4. Casus omissus
class, the general word is to be restricted to
5. Doctrine of last antecedent (reddendo
persons, things or cases of the same kind as
singular singulis)
those specifically mentioned.
Presumption: Had the legislature intended the
Noscitur a sociis
general words to be used in their generic and
- Where the law does not define a word, it will
unrestricted sense, it would not have enumerated
be construed as having a meaning similar to
114
Co Kim Chan v. Valdez Tan Keh

specific words since the minds of the legislators Presumption: The legislature would not have
are addressed to the particularization. made specified enumerations in the statute had
Requisites: the intention been not to restrict its meaning and
1. Enumeration of particular and specific confine its terms to those expressly mentioned.
words, followed by a general word Variations:
2. The specific words constitute a class or of 1. What is expressed puts an end to that
the same kind which is implied (i.e. if the statute is
3. Enumeration is not exhaustive or be an expressly limited, it may not be extended
example to other matters)
4. No indication of legislative intent to give 2. A thing that is not excepted must be
the general words or phrases a broader regarded as coming within the purview of
meaning the general rule (exceptio firmat regulam
Limitations: in casibus no exeptis)
1. The specific words do not constitute a Limitations:
readily discernible class and are patently 1. Not applicable where words are used by
not of the same kind example only or to remove doubts
2. There is the regulatory intent to give the 2. When the enumeration was not intended
general phrase a broader meaning to be exclusive
3. The most important is that the statutory 3. If there is no reason why other persons or
provision is not itself restrictive things not so enumerated should not
4. Where the law is clear and free from have been included and manifest injustice
ambiguity will follow by non-inclusion (violation of
equal protection clause)
Vera v. Cuevas 4. When it defeats the plainly indicated
Petitioner, the commissioner of internal revenue, purpose of the legislature
ordered the withdrawal of the private respondents 5. If it leads to inconvenience, hardship and
filled milk products from the market which do not bear injury to public service
the inscription required by Sec. 169 of the Tax Code.
Held: The broad phrase all milk in said provisions
Malinias v. COMELEC
should be understood within the meaning of skimmed
Petitioners, candidate for governor and congressman,
milk since the headnote (skimmed milk) and the text
charged private respondents, their election rivals. They
(condensed skimmed milk) talk about this. Hence, the
claimed that private respondents prohibited them to
inscription is not required upon this kind of milk.
attend the canvassing under Sec. 25 of RA 6646 and
even entered the canvassing room violating Sec. 232 of
Expressio unius est exlclusio alterius BP 881.
- Express mention of one person, thing or Held: Both RA 6646 and BP 881 specifies all election
consequence implies the exclusion of all the offenses in Sec. 27 and Sec. 261 and 262, respectively.
others The alleged violations are not included in said
- Also known as negative-opposite doctrine enumeration of criminal election offenses. At the most,
- Canon of restrictive interpretation based on they highlight the recognize rights of a political party
the rules of logic and the natural workings of and candidate. This is more true since criminal
the human mind (particularization) offenses should be strictly interpreted in favour of the
accused. But it does not mean that these are without
- Opposite of doctrine of necessary implication
sanctions because administrative penalties may be
- Generally used in the construction of statutes imposed.
granting powers, creating rights and
remedies, restricting common rights, and People v. Lopez
imposing penalties and forfeitures, as well as Judge Eusebio Lopez was charged for being biased in
those strictly constured the trial of Guillermo Francisco, who was accused of
treason for collaborating with the Imperial Japanese

force. He dissented to the judgment made by his two Because of this, the trial court did not acquire
associate justices in their division- he justified the jurisdiction.
actions of the alleged political collaborators and even
called them patriots. As a result, he was asked to be Primero v. CA
disqualified by the prosecution. The other associate Orlando Primero was charged and convicted of acts of
justices resolved to disqualify him. lasciviousness with illegal possession of deadly
Held: There is no law effectively disqualifying a judge weapon, a bayonet.
for partiality. Sec. 1 of Rule 124 does not include Held: Where there is no reason why a thing not
failure to administer impartially as one of the grounds enumerated should not be included that will lead to
of disqualification. If this be the case, then many manifest injustice, expressio unius est exclusio alterius
justices will be disqualified since human nature tells us cannot be applied. Although a bayonet is not expressly
that everyone has his own biases. And even if it may be mentioned as bladed, pointed or blunt weapon
a ground, only the challenged judge himself may under PD 9, it cannot be convincingly argued that it is
determine whether he is fit to render a fair judgment. not a bladed, pointed or blunt weapon. If a fan knife,
balisong or club, less deadly than a bayonet are
Pimentel III v. COMELEC prohibited under the law, there is no reason why a
Petitioner and private respondent Zubiri were fighting more dangerous weapon such as a bayonet should be
th
for the 12 place for the senatorial position. Pimentel exempted.
assailed the canvassing of the Municipal COCs by the
Special Provincial Board of Canvassers (SPBOC) for Casus omissus pro omisso habendus est
Maguindanao, created because of the alleged - A person, object or thing omitted from an
irregularity in the PBOC chaired by Lintang Bedol.
enumeration must be held to have been
Held: As a general rule, pre-proclamation cases for
national positions are prohibited under Sec. 15 of RA
omitted intentionally
7166 to avoid delay in the proclamation of the winner. - Applies only if and when the omission has
But it allows an exception if the authenticity of COCs been clearly established
questioned are now lodged in the COMELEC en banc or Exception: When the legislature did not intend to
the Congress sitting as National Board of Canvassers. exclude the person, thing, or object from the
Because the pre-proclamation cases at the provincial enumeration
level is not mentioned in the exceptions, it is still
prohibited. Doctrine of last antecedent
- As a general rule, qualifying words restrict or
E.B. Villarosa & Partner Co, Ltd. v. Benito modify only the words or phrases to which
Petitioner agreed to develop certain parcel of lands
they are immediately associated, not those
owned by respondents in Cagayan de Oro, and agreed
that litigations that may arise shall be tried in Makati.
that are distantly or remotely located115
Private respondent filed a case against petitioner for - The use of a comma (,) to separate an
breach of contract for failure to make any antecedent from the rest exerts a dominant
developments. Summons was served upon the influence in the application of this doctrine
defendant through its branch manager. They moved to (i.e. qualifying effect or a modifying word will
dismiss the case on the ground of improper submission be confined to its immediate antecedent if
of summons. the latter is separated by a comma from the
Held: The Rules of Court initially provided that service other antecedents)116
of summons may be made to a manager, secretary, Maxim: ad proximum antecedens fiat relation nisi
cashier, agent, etc. until it was amended by the Rules
impediatur sententia (relative words refer to the
of Civil Procedure saying that only a general
manager, corporate secretary, treasurer may be
nearest antecedent, unless the context otherwise
summoned; the word agent was deleted from the requires)
list. Hence, the new law strictly provided who may be
summoned to ensure that the corporation will receive 115
Felipe v. De la Cruz
prompt and proper notice of actions against it.
116
Nera v. Garcia

Exceptions: to which it appears by context most
1. Where the intention of the law is to apply appropriately related and most
the phrase to all antecedents embraced in applicable)
the provision, the same should be made
extensive to the whole. Amadora v. CA
*Slight indication of this intent is The son of petitioners was shot by a classmate inside
sufficient to extend the relative term117 the schools auditorium while doing a physics report.
2. The intention is not to qualify the They filed a civil action for damages under Art. 2180 of
the Civil Code against the school, principal, the dean of
antecedent at all.118
the boys and the physics teacher.
Held: Teachers should apply to pupils and students
Cadayona v. CA (academic), heads of arts and trades to apprentices.
Petitioner was suspended by the Civil Service This is because of the closer tutelage found in heads of
Commission. As a result, he filed a motion for arts and trades than the heads in academic
reconsideration with the CA. The latter dismissed it institutions, in which the teachers practice close
because three annexes were not certified true copies. supervision.
Held: The doctrine of last antecedent cannot be
applied qualifying other supporting papers with
certified true copies. Only the judgment, final order
Provisos, Exceptions and Saving Clauses
or resolution are required to be certified true copies.
The court cited several provisions showing that only 1. Provisos
the three need be certified true copies. To rule 2. Exceptions
otherwise would be too harsh and would not promote 3. Saving clause
a just, speedy and underlying disposition of the case.
Provisos
Florentino and Zandueta v. PNB - Limit the application of the enacting clause,
Petitioners filed a mandamus to compel PNB to accept section, or provision of a statute, or to except
their backpay certificate to pay their debts. However,
something from it, or qualify or restrain its
PNB refused arguing that there was a qualification of
who may be willing to accept the same as settlement
generality, or to exclude some other ground
in the statutory provision. of exclude some possible ground of
Held: Said qualification should refer to the last misrepresentation
antecedent any association or corporation organized Exception: If there is a contrary legislative intent
under Philippine laws. The purpose of the statute is
the recognition of the government of the contribution *Commonly found at the end of a section,
of veterans to the resistance movement. Hence, its provision, and introduced by the following:
agencies must accept said certificates. To impose this 1. Provided
on private corporations would tantamount to 2. But nothing herein
deprivation of property because of the lower rate it
has.
*But the use of provided does not
necessarily make the provision a proviso.
Redendo singal singulis (referring each to
What determines whether a clause is a
each)
proviso is not is its substance then its form.
- Referring each phrase to its appropriate
object
Roles:
- Let each be put in its proper place
1. Limit or restrain the general language
- Words should be taken distributively
2. Enlarge, restrict or limit a phrase of
(Each word is to be applied to the subject
limited import had there been no proviso
qualifying it.
117
Ochate v. Deling 3. Give additional legislation
118
Heras Teehankee v. Director of Prisons

4. Qualifies or modifies the phrase except something from an enacting clause, in this
immediately preceding it. sense, they are similar
*If there is a repugnancy between a Saving clause

proviso and the main provision, the first - Operates to except from the effect of the law
step is harmonizing the two. If there is an what it provides121 or to save something
irreconcilable conflict, that which is which would otherwise be lost122
located in a later portion of the statute - Usually used to except or save something
prevails since it is the latest expression of from the effect of a repeal
legislative intent. - In construing it, the intent of the legislature
shall be considered or the purpose which the
Exceptions legislature had in mind in enacting said law
- Clause which exempts or removes something
from the operation of a statute by express
words119
- Words used: except, unless, otherwise, shall
not apply
- But it need not always be introduced by these
words.
- Confirms the general rule
- Express mention of exceptions excludes other
exceptions; and conversely, those which are
not within the enumerated exceptions are
deemed included in the general rule
Maxim: exceptio firmat regulam in casibus non
exceptis (a thing that is not excepted must be
regarded as coming within the purview of the
general rule)
Differences of an exception to a proviso120

Exception Proviso
Exempts something Defeats the operation
absolutely from the conditionally
operation of law, by
express words
Takes out of the statute Avoids something by
something that would way of defeasance or
be a part of it excuse
otherwise
Part of the enactment When the enactment is
itself modified by engrafting
a new provision, by
way of amendment
It is said that one of the function of a proviso is to
119
Pendon v. Diasnes
121
Bautista v. Fule
120
Rowell v. Janurin
122
Ibanez de Aldecoa v. Hongkong & Shanghai Bank

STATUTE CONSTRUED AS WHOLE AND IN Construction of a statute as a whole
RELATION TO OTHER STATUTES Because a statute is enacted as a whole and
not in parts, every part is as important as the
Construction of a statute as a whole other. Hence, in order to properly and
intelligently construe a provision or section of a
A statute is passed as a whole and not in parts statute, understand its meaning and scope, and
or sections and is animated by one general apply it to an actual case, the courts should
purpose and intent. Hence, it should be construed consider the whole act itself.124 (i.e. a provision
as a harmonious whole. unclear by itself may be made clear by reading
Maxim: ut res magis valeat quam pereat (that and construing it in relation to the whole statute)
construction is to be sought which gives effect to Presumption: The legislature has enacted a
the whole of the statute) statute whose provisions are in harmony and
consistent with each other and that conflicting
*Unsafe way of construction: Dividing a statute by interpretation in the same statute are never
a process of etymological dissertation, into supposed or regarded.
separate words, and then apply each, separated Exception: If one part of a statute cannot be
from its context, some particular definitions given reconciled or harmonized with another without
by lexicographers, and then reconstruct the nullifying one in favour of another, the court
statute upon the basis of these definitions.123 should construe it by choosing the one which will
best effectuate the legislative intent
Importance in construction
The intent of the statute is ascertained from it How done:125
taken as a whole. And this purpose (intent) 1. Take the thought conveyed by the statute
controls its construction- how each word and as a whole
phrases may be given meaning. 2. Construe the constituent parts together
3. Ascertain the legislative intent from the
Intent is ascertained from statute as a whole whole act
- The intent or meaning of it should be 4. Consider each and every provision in the
ascertained from the statute taken as a light of its general purpose
whole and not from isolated parts of it. 5. Endeavor to make every part effective,
- A statute should be construed with harmonious and sensible
reference to every other part and every
word and phrase in connection with its Apparently conflicting provisions reconciled
context. - All provisions, even if apparently
Maxim: optima statuti interpretatrix est ipsum contradicting, should be allowed to stand
statutum (the best interpreter of a statute is and given effect by reconciling them
the statute itself) - The courts should endeavour to reconcile
statutes instead of declaring outright the
Purpose or context as controlling guide invalidity of one against the other
- The meaning attached to any word or
phrase in a statute is usually ascertained Radiola-Toshiba v. IAC
from the context, the nature of the A levy on attachment was done in favour of the
petitioners on the real properties of private
subject treated and the purpose or
intention of the body which enacted it
124
Maddumba v. Ozaeta
123 125
Sotto v. Sotto Republic v. Reyes

respondent spouses. Four months later, 3 creditors Spouses Sajonas decided to buy on instalment from
filed for an involuntary insolvency of the spouses. Spouses Uychocdes a piece of land. A deed of absolute
Held: The lien on the disputed properties overrode the sale with adverse claim was issued to them. But there
insolvency proceeding and was not dissolved. Sec. 32 was a compromise agreement between the vendor
provided a cut-off period where levy on attachment spouses and the Spouses Pilares (their creditor). A
shall be dissolved (1 month and 30 days for judgments notice of levy of execution was inscribed in the title.
entered in actions commenced prior to the Held: Sec. 70 of PD1529 provided that an adverse claim
proceeding). Sec. 79, where respondents relied, talks shall be effective for 30 days from the date of
about the right of the plaintiff and does not dissolve registration, this is to protect the interest of a person
the attachment. Construction should give effect to the over a piece of land. This will not be automatically
every word of the whole statute. cancelled after the lapse of said time, 30 days.
Hence, it will continue until cancellation.
Aquino v. Quezon City
This consolidated two cases involving the non-payment Special and general provisions in a statute
of real property tax. In the first case, Spouses Aquino - Where there is a particular or special
withheld the payment of real property tax as a protest provision and a general provision in the
to the government of Marcos. In the second, Solomon same statute, the former is construed as
Torrado paid taxes on the improvements but not on
an exception to the latter126
the land itself because the Treasurer cannot find the
index card for the land. Because of non-payment, the
QC government sold the delinquent properties. The Construction as not to render provision
petitioners contend that they were not notified of the nugatory
transactions. - A portion of a statute should not be
Held: The Real Property Tax Code should be construed construed to destroy the other
as a whole. Although it required a Notice of Maxim: interpretatio fienda est ut res magis
Delinquency in Secs. 65 and 67, the respondents have valeat quam pereat (a law should be
complied with it satisfactorily. Posting and publication interpreted with a view to upholding rather
is not indispensable so long as there was personal than destroying it)
service. On the other hand, sec. 73 gives an option to
the Treasurer where to send the notices: (a) address
Paras v. COMELEC
shown in tax rolls, (b) residence, if known to the
Held: A statute should be construed in relation with
treasurer or barrio captain. Torrado indicated in his
other provisions. Sec. 74(b) must be construed in
address, Butuan City, and the Treasurer twice mailed
relation to paragraph A, which is the time when a
in this address (notice of delinquency and notice of
recall may take place (i.e. second year of the term).
sold property). It is immaterial if they have received
the notice so long as there was strict compliance to the
provisions of the law by the Treasurer. Construction as to give life to the law
- Laws must receive sensible interpretation
Aisporna v. CA to promote the ends of which they are
Mapalad Aisporna was charged with a violation of the enacted.127
Insurance Act for selling insurance policies without - They should be given reasonable and
license. She claimed that she was just helping her practical constructions will give life to
husband, the registered insurance agent. them128
Held: The statute must be construed as a whole. Sec. - It should not be construed as to allow the
189(1), though prohibiting the any person to act as
doing of an act prohibited by law129
agent without authorization from the Insurance
Commissioner, Sec. 189(2) defined who an agent is-
selling policies for compensation. This definition should 126
Lichauco & Co. v. Apostol
be applied in relation to other paragraphs. Hence,
127
without proof of compensation, Aisporna may not be Lo Cham v. Ocampo
held liable. 128
Arabay, Inc. v CFI Zamboanga
Sajonas v. CA 129
Uy Ha v. City Mayor of Manila

Presumption: The legislature did not to a vain construed in harmony with, and not in violation of
thing in the enactment of a statute it.130
Presumption: The legislature in enacting a law is
Construction to avoid surplusage presumed to have adhered to the constitutional
- The statute should be construed as to limitations. It was the intention of the legislature
make no part of it a useless surplusage to enact a valid, sensible, and just law.
- All efforts should be exerted to give some
meaning to every word or phrase in a Construction to avoid conflict with the
statute constitution
Presumption: The legislature is presumed to A statute should not be construed in such a
have used the word or phrase for a purpose, way that will give rise to a constitutional doubt.
and not to insert a provision which is - If a statute is reasonably susceptible of two
unnecessary. constructions, one constitutional and one
unconstitutional, that construction in favour
Manila Lodge No. 761 v. CA of its constitutionality shall be avoided and
The Philippine Commission enacted Act No. 1360 to the construction that will render it invalid
reclaim a certain portion of Manila Bay. This gave rejected.131
ownership to the City of Manila but setting aside a - Every intendment of the law should lean
portion in the northern part where a hotel shall be
towards its validity, and the court should
built. The City of Manila sold it to BPOE, the latter
selling it to Manila Lodge. BPOE sold it again to TDC
favour that construction which gives it the
and petitioned to cancel the right of Manila to greater chance of surviving the test of
repurchase the land. The trial court and the CA constitutionality.132
resolved in favour of the City of Manila and held that - Courts may be even justified in disregarding
the contested land is a public park or plaza. the more usual and apparent import of the
Held: The City of Manila cannot sell the land because it language used in the statute and in straining
is a public park (several arguments were given to the ordinary meaning of words to avert any
support this). This needs authorization from Congress collusion or repugnancy between what the
when a provision said, hereby authorized, which statute provides and what the Constitution
means Congress only empowered the City. To construe
requires.133
that the City does not need legislative permission to
sell land is to render the said phrase superfluous.
Paras v. COMELEC
Held: A statute should be construed in relation to the
Statute and its amendments construed Constitution. To construe SK election as a local election
together is to render the Art. X Sec. 3 of the Constitution
- Changes made by the legislature, in the nugatory. This would hinder the system of recall
form of amendments, should be given granted by the Constitution.
effect together with the other parts of the
amended act In re: Guarina
Presumption: It is not presumed that the Mario Guarina wanted to be admitted to the Bar
legislature, in making such changes, was without taking an examination since he is a fiscal of
indulging in mere semantic exercise. There Batanes. He relied on Act No. 1597 Sec. 2 stating that
must be some purpose in making them.
130
Construction in relation to the Constitution PLDT v. Commissioner of Internal Revenue
131
Alba v. Evangelista
As the fundamental law of the land, all
132
statutes should be subservient to the San Miguel Corp. v. Avelino
Constitution. Hence, any statute should be 133

Mutuc v. COMELEC

provincial fiscals may be licensed to practice law General rule: A statute will not be construed
without taking the exam. as repealing a prior act on the same subject.
Held: Said provision should be construed in relation to In case of doubt, it will be resolved against
the organic act (Philippine Bill of 1902). PB of 1902 implied amendment or repeal and in favour of
prohibited Congress from depriving jurisdiction from
harmonization of all laws on the subject
the court. Since prior to PB of 1902, the Organic Act
(Act No. 136) and the Code of Civil Procedure (Act No.
matter135
190) granted the Court the jurisdiction to deny Exceptions:
admission to the Bar, the word may should be 1. Unless there is an irreconcilable
construed as permissive so as not to decrease the repugnancy between them and
discretion of the Court regarding admission to the Bar. harmonization or reconciliation is not
possible
Asociacion de Agricultores de Talisay-Silay v. Talisay- 2. The new law evidently intended to
SIlay Milling Co. supersede all prior acts on the matter to
RA 809 was enacted, allowing the increase of shares of comprise itself the sole and complete
planters and labourers in the income. Respondents
system of legislation on the subject
disagree stating that there was a contract already
between them and the planters.
If harmonization is impossible:
Held: RA 809 is not unconstitutional since it is in - If there has been an implied repeal, the
keeping with the social justice principle of the latter statute should be construed as to
Constitution and a police power measure for the modify the prior law no further than may
promotion of labor conditions. It seeks to reduce the be necessary to effect the specific
inequality received by the Central and the labourers. purpose of the latter enactment136
- If cannot be possibly harmonized, the
Construction in relation to other statutes earlier one must yield to the later one, it
being the latest expression of legislative
Statutes in pari materia will137
- Two or more statutes relate to the same Phrases:
specific subject matter. - Statutes must be construed not only to be
- Relate to the same person or thing, or have consistent with itself but also to
the same purpose or object, or cover the harmonize with other laws on the same
same specific or particular subject matter134 subject matter, as to form a complete,
Presumption: Laws are consistent with each coherent, intelligible, and uniform system
other. Whenever a legislature enacts a law, it has of jurisprudence138
in mind the previous statutes relating to the same - The best method of interpretation is that
subject matter, and in the absence of any express which makes laws consistent with each
repeal or amendment, the new statute is deemed other
enacted in accord with the legislative policy - Two or more statutes on the same subject
embodied in those prior statutes. were enacted at different times and
Maxim: interpretare et concordare leges legibus under dissimilar circumstances or
est optimus interpretandi modus (every statute conditions, their interpretation should be
must be so construed and harmonized with other in accordance with the circumstance or
statutes as to form a uniform system of conditions peculiar to each (distinguire
jurisprudence)
135
City of Naga v. Agna
Construing statutes in pari materia
136
Ask the question: Does the later act impliedly Lacson v. Roque
amended or repealed the earlier statute? 137
Id at 135
138
Republic v. Asuncion
134
City of Naga v. Agna

tempora et concordabis jura or distinguish - embraces a class of
times and you will harmonize laws)139 subjects or places and does not omit any
subject or place naturally belonging to such
City of Naga v. Agna class141
Respondents wanted to claim refund for the tax they
paid to Naga after the enactment of Ordinance No. Special statute- relates to a particular person
360, changing the scheme of taxation. They contend or things of a class or to a particular portion
that the ordinance did not take effect in 1970 but a
or section of the state only142
year after its approval.
Held: The statutes in pari materia, talk about the
enactment and effectivity of tax ordinances. Since it General rule: The special must prevail since it
involved only a change in taxation, it fell under Sec. evinces the legislative intent more clearly than
2309 of the Revised Administrative Code. But if it that of a general statute and must be taken as
creates an entirely new tax, Sec. 2 of RA 2264 (Local intended to constitute an exception to the
Autonomy Act) shall govern (effective 15 days after the general act143
passage).
*The circumstance that the special law is passed
Commissioner of Internal Revenue v. SC Johnson before or after the general act does not change
Respondent was obliged to pay their parent company
the principle
royalties based on a percentage of net sales. It is also
subjected to 25% withholding tax on royalty payments.
They filed for refund to the BIR for overpaying arguing Reason: The legislature has its attention directed
that a preferential rate of 10% should apply to them. to the special facts and circumstances which the
Respondent court ruled in favour of SC Johnson saying special act is intended to meet. It considers and
that the RP-US Tax Treaty is related to the RP-West makes provisions for all the circumstances of a
Germany Tax Treaty. particular case.144
Held: The two treaties are not in pari materia. This is Exceptions:
because the German Tax Treaty expressly allows 1. Where the legislature clearly intended the
crediting against German income and corporation tax later general enactment to cover the whole
unlike with that of the US. The US does not have a
subject and to repeal all prior inconsistent
similar matching credit scheme and no commitment on
the grantee to give some form of tax relief to the
laws
grantor. Thus, the most favoured nation preferential 2. Where the special law merely establishes a
tax rate should not apply. general rule while the general law creates a
specific and special rule
Statutes in pari materia
1. General and special statutes Lichauco & Co. v. Apostol
2. Reference statutes Petitioner wanted to import draft and bovine cattle for
3. Supplemental statutes the manufacture of serum from Pnom-Pehn. But
respondent did not admit the cattles.
4. Reenacted statutes
Held: Sec. 1770 of the Administrative Code has not
5. Adopted statutes been repealed by Act No. 3052. Unless there is an
irreconcilable repugnancy, there can be no implied
1. General and special statutes repeal. Sec. 1770 (AC) deals with a special contingency
(any animal from which the Department Head declares
General statute- applies to all people of the that a dangerous communicable disease prevails in a
state or to all of a particular class of persons
in the state with equal force140
141
Valera v. Tuason
142
Id at 140
139
Commissioner of Customs v. Superior Gas & Equipment Co.
143
Lichauco & Sons v. Apostol
140
US v. Serapio
144
Manila Railroad Co. v. Rafferty

foreign country) not subject to Act No. 3052, amending the statute without changing or modifying its
sec. 1762 (permitting a draft or bovine cattle for the original text
manufacture of serum).
4. Reenacted statutes
Butuan Sawmill v. City of Butuan
- The provisions of an earlier statute are
The City of Butuan, acting on its charter RA 523 in
1950, passed an ordinance taxing businesses engaging
reproduced in the same or substantially the
electric light, heat and power. Butuan Sawmill, which same words
was given a legislative franchise by virtue of RA 399 in - Two statutes with a parallel scope, purpose
1949, disputed the constitutionality of the taxing and terminology should, each in its own field,
ordinance because it impairs the obligation of contract. have a like interpretation, unless in particular
Held: Although the charter of Butuan was approved instances there is something peculiar in the
later than the grant of franchise, the latter was special question under consideration, or dissimilar in
and the former general. The charter gave taxing power the terms of the act relation to it, requiring a
to Butuan but businesses of electric light, heart and different conclusion
power should serve as exemptions. Also, the Local
- If a statute has been construed by the court
Autonomy Act did not authorize Butuan to tax the
franchised business since it would result to double
of last resort and the same is re-enacted, the
taxation because a franchise tax is already paid. legislature may be regarded as adopting such
construction (adoption of contemporaneous
2. Reference statutes construction)
- Refers to other statutes and makes them - Applies only when the statute is capable of
applicable to the subject of legislation. the construction given to it when the
- Incorporation in a statute of another statute construction has become a settled rule of
by reference conduct
- Used to avoid encumbering the statute books - Reenactment may also be done by reference
of unnecessary repetition
- Recognized as an approved method of ESSO Standard Eastern v. Commissioner of Internal
Revenue
legislation in the absence of constitutional
Petitioner asked for refund for overpaid taxes arising
restrictions from the disallowance of the margin fees paid to the
- Adoption by reference of a statute previously Central Bank on its profits to its New York head office.
repealed revives that statute but does not They claim that margin fees are taxes, hence, should
include subsequent changes or modification be deductible from ESSOs gross income under Sec.
30(c) of the NIRC.
People v. Martin Held: The margin fee was not a re-enacted statute of a
Hermin Arceo and Simeona Martin were charged with revenue measure. It is in keeping with the police
possession of counterfeit science stamps. The CFI power of the State to discourage imports and
dismissed it since RA 5448 did not punish said crime encourage exports. It cannot also be considered as a
because no mention was made regarding a science necessary expense deductible to the net income
stamp. The penalties mentioned in RA 5448 refers because it is paid to its head office as a separate
only to the administrative and not criminal. income, and not as an appropriate and helpful in the
Held: Since the statutes are in pari materia, sec. 4(2) of development of the business. Tax exemptions are
RA 5448 referred to the manner and time of collection, strictly construed against the taxpayer.
and the penalties provided in Sec. 240 of the National
Internal Revenue Code (NIRC). This made the provision Mactan Cebu International Airport Authority v. Marcos
complete and as effective and fool proof as the earlier MCIAA was created by virtue of RA 6958 and enjoyed
statute, hence, it must be criminal in nature. tax exemption under Sec. 14 of its Charter. The City
Treasurer demanded for payment of real estate tax. It
3. Supplemental statutes was contended that, aside from Sec. 14, the Local
- Intended to supply deficiencies in an existing Government Code exempted the National Government
statute and to add, to complete, or extend and its agencies, and the MCIAA is an instrumentality

of the government performing governmental
functions.
Held: Congress did not expand the scope of the
exemption to include instrumentalities or agencies of
the government-owned and controlled corporations.
The reproduction of the source of exemption in Sec.
40(a) of PD 464 (Real Property Tax Code) in the Local
Government Code excluded the GOCCs.
5. Adopted statute
- A statute patterned after, or copied from a
statute of a foreign country
- In construing adopted statutes, the court
must take into consideration:
o construction of the law by the courts of
the country from which it is taken,
o law itself
o practices under it
Exception: construction given to the statute
subsequent to its adoption, but it has persuasive
effect
Banas v. CA
Banas sold a land to Ayala Investment for P2,308,770.
In the Deed of Sale, it was agreed that he shall be paid
in instalment for four years. On the same day, he
discounted the promissory note with Ayala. He was
issued 9 checks all dated with that day drawn against
BPI. In the first year, he reported P461,754 as his
income, and a uniform income of P230,877 for the
succeeding years. He was charged for tax evasion but
applied for tax amnesty under PD 1740. He filed for
another tax amnesty under PD 1840. But he still
insisted that he was paid in instalment.
Held: To avail of the tax amnesty, there should be a
disclosure of untaxed income. When he discounted the
check, he lost his entitlement of payment through
instalment since he immediately received cash. The
law was adopted from the US where it held that an
instalment obligation discounted at a bank, it would
result to a taxable disposition. Hence, he should have
declared the whole income in that year.

STRICT OR LIBERAL CONSTRUCTION 2. General welfare or growth of civilization
Maxim: salus populi est suprema lex (public
Strict construction good is the highest in law)
- Scope of the statute shall not be enlarged or statuta pro public commodo late
extended by implication, intendment, or interpretantur (statutes enacted for the public
equitable consideration beyond the literal good are to be construed liberally)
meaning - Statutes and judicial decisions
- Close and conservative adherence to the alike come into being out of the
literal or textual interpretation same common roots, the
Limitations: It does not mean that the statute supreme good of society
should be given its narrowest meaning. Nor does - Statutes are not isolated from the
it mean that words should be restricted as not to drama of life as it unfolds, hence,
have their full meaning. they must be interpreted in the
light of the growth of civilization
Liberal construction and varying conditions.
- Equitable construction as will enlarge the
letter of the statute to accomplish its Statutes strictly construed
intended purpose, carry out its intent, and
promote justice 1. Penal statutes
- Expand the meaning of the statute to meet 2. Statutes in derogation of rights
cases which are clearly within the spirit or a. Statutes authorizing expropriations
reason of it b. Statutes imposing taxes and custom
Exceptions: If the statute is plain, clear and duties
unambiguous, enlargement of the provision is c. Statutory grounds for removing
prohibited. Nor does it mean that the words be officials
forced out of their natural meaning. 3. Statutes granting privileges
a. Legislative grants to local government
*Liberal construction is not engrafting upon a units
law something which the Court believes ought to b. Naturalization laws
be there. Liberal construction is a valid exercise of c. Statutes granting tax exemptions
judicial power, the latter is judicial legislation that d. Statutes prescribing formalities of will
is forbidden by the doctrine of separation of 4. Statutes concerning the sovereign
powers. 145 a. Statutes authorizing suits against the
government
*In interpreting the law, the following should 5. Exceptions and provisos
be taken into account:
1. Social justice 1. Penal statutes
- The constitutional mandate on social - Those which define crimes, treat of their
justice is addressed not only to the nature, and provide for their punishment
legislative branch but also to the two - Strictly construed against the State and
other departments of the liberally in favour of the accused146
government Reason:
- If the provision is susceptible of two a. The law is tender in favour of rights of an
interpretations, they now have to be individual; the object is to establish a
construed to promote and achieve certain rule by conformity to which
social justice.
145 146
Tanada v. Yulo People v. Subido

mankind would be safe, and the solicitations for religious purpose are considered
discretion of the court limited. charitable also, not all charitable actions are religious
b. It is not to enable a guilty person to in nature. Hence, penal laws should be construed in
escape punishment through a technicality favour of the accused.
but to provide a precise definition of
People v. Salarza, Jr.
forbidden acts147 Zareen Smith claimed that she was raped by the
General rule: Penal statute shall not be construed defendant after a drinking session.
to make the commission of certain prohibited acts Held: Accused was acquitted since the elements of
criminal without regard to the intent of the doer rape are not satisfied. It is impossible that force or
Maxim: actus non facit reum nisi mens sit rea (the intimidation attended the act since there was consent
act itself does not make a man guilty unless his when she thought that the one having sex with her is
intention were so) her lover and passively acceded to the act. Salarza did
actus me invite factus non est meus actus nothing to mislead her and even told him who he was
(an act done by me against my will is not my act) and never used force. Zareen was not deprived of
reason or unconscious since she knew that someone
Exception: If acts are only mala prohibita and the
was undressing her. She admitted that she had sex
statutes plainly prohibits an act without implying with her boyfriend many times and knew that he was
that it be done knowingly of wilfully. fond of foreplay and doesnt have sex when drunk.
Hence, she should have known that the man whom
Limitations to construction in favour of the she was having sex with was not her lover.
accused:
1. Not to be construed as to defeat the 2. Statutes in derogation of rights
obvious purpose of the legislature - In the exercise of the police power, the
2. Only when the law is ambiguous and legislature may enact laws curtailing or
there is doubt in its meaning restricting rights of the people
- Because they are in derogation of common or
Buenaseda v. Flavier general rights, they are strictly construed and
Petitioners challenged the power of the Ombudsman confined within their scope
to issue preventive suspension to employees working
a. Statutes authorizing expropriations
in government offices other than the Office of the
Ombudsman. This is because of the provision, The - Same as the above but based on the
Ombudsman or his Deputy may preventively suspend any power of eminent domain
officer or employee under his authority pending an - Strictly construed against the
investigation. expropriating authority and liberally
Held: Preventive suspension is not a penalty and just a in favour of the property owners
matter of procedure. Hence, it must be liberally
b. Statutes imposing taxes and custom
construed. To do otherwise is to render the
Ombudsman powerless in his investigation since he
duties
can issue preventive suspension only to those working - Power to tax is incident of sovereignty
directly under his office. and is unlimited in range. That is why
it is regarded that the power to tax
Centeno v. Villalon-Pornillos involves the power to destroy
Petitioners, officers of the Samahang Katandaan ng - Taxation is a destructive power which
Nayon ng Tikay, were charged with violation of PD interferes with personal and property
1564 or the Solicitation Permit Law by Judge Angeles. rights of the people
They were asking for money to renovate their chapel. - Strictly construed against the
Held: The court distinguished religious and charitable
government and liberally in favour of
purposes and held that solicitations for religious
purposes are not covered by said law. Although
the taxpayer
c. Statutory grounds for removal of officials
147
People v. Purisima

- Those referring to suspension or Held: The testator himself signed the will and all pages.
removal of public officials are to be It is not important that every page must be signed by
construed strictly the witnesses. But he lacks the element of a will. To be
valid, it should be executed in accordance with
- Must be confined within the limits statutory provisions.
prescribed: causes, manner,
conditions 4. Statutes granting privileges
Reason: Removal is a drastic action that
- Viewed with suspicion because grants of
would result to injustice and harm to
advents created special privileges or
public interest
monopolies for the grantees
Collector of Internal Revenue v. La Tondena
- Strict construction requires that those who
Respondent La Tondena was in the business of alcohol. invoke the grant should strictly comply with
In making the Manila Rum, it uses a low test alcohol the provisions
which it subjects and re-rectifies to further distillation. Maxim: privilegia recipient largam
At first, they were exempted and given an allowance of interpretationem voluntati consonam concedentis
not exceeding 7% since there was a loss in the process (privileges are to be interpreted in accordance to
of distillation. But after the passage of RA 1608, the will of him who grants them)
respondent was ordered to pay taxes for these losses a. Legislative grants to local government
since the tax in alcohol is attached not as soon as it has units
existed but on the finished product.
Held: The law should not be given a retroactive effect.
- Grants of public nature and should be
Hence, it must be strictly construed against the construed strictly against the grantee
Government. It was clear that during said years, the - Gratuitous donation of public money
prevailing rule was to exempt La Tondena as a result of or property which would result in an
said losses. unfair advantage to the grantee
b. Naturalization laws
City of Manila v. Chinese Community of Manila - Strictly construed against the
The City of Manila asked the CFI in Manila to applicant for citizenship and should
expropriate the land for the purpose of constructing a be rigidly enforced and followed
public improvement. The respondents contend that it Reason: The right of an alien to become a
was one of the owners of the parcels of land.
citizen is a statutory and not a natural
Held: Expropriation statutes are strictly construed
one. It does not become vested until he
against the expropriating authority. This is because of a
derogation of the right. The right to ascertain upon files a petition and establishes by
trial whether the right exists for the exercise of competent and satisfactory evidence that
eminent domain, it intended that the courts should he has all the qualifications and none of
inquire into, and hear proof upon, those questions. the disqualifications specified by law.148
c. Statutes granting tax exemptions
Caneda v. CA - The law frowns against exemption
Mateo Caballero, an old widower executed a last will from taxation
and testament before 3 attesting witnesses. He passed
- It must be strictly construed against
away even before the commencement of the hearing
the taxpayer and liberally in favour of
of the petition. As a result, a legate was appointed as
special administrator. Petitioner contended that they the taxing authority
are related to the testator and challenged the Reason: Minimize the different treatment
appointment of a special administrator. The lower and foster impartiality, fairness, and
court rendered a decision stating the validity of the equality of treatment among taxpayers.149
will. However, petitioners allege that the will did not Exceptions:
contain any attestation clause and lacks several
requirement or element. 148
Mo Yuen Tsi v. Republic
149
Resins, Inc. v. Auditor General

1. Where the provision of the law is rights and interest of the government are
clear and unambiguous strictly construed
2. There is no qualification for the - The statutes, no matter how broad, will not
granting of exemption cover the sovereign until it is specifically
3. Exemptions in favour of government mentioned150
itself or its agencies - The government does not fall within the
d. Statutes prescribing formalities of will terms of any legislation151
- Strictly construed as to make non- a. Statutes authorizing suits against the
compliance to the statutory government152
requirements shall invalidate the will - The sovereign is exempt from suit, in
- This is not a matter of right of the the absence of its consent to be sued,
testator but of the privilege given by is a universal rule
the legislature, hence, the intent of - To justify a suit against the
the legislature and not of the testator government, there must be a law
should apply conferring the right to maintain the
action that must be plain and
Esso Eastern Oil v. Acting Commissioner of Custom positive153
Esso wanted to refund the amount it paid for special Reasons:
import used in its oil retail business, claiming that they
1. Classical - There can be no legal right
use it in their business operation.
as against the authority that makes
Held: Esso is not entitled to tax exemption since it was
found out that the pump parts were not actuallu used the law on which rights depend
in its business but are being leased to dealers which (nullum tempus occurit regi)
Esso was tied up to. For tax exemption to be availed, 2. Practical- To allow the State to be
there must be actual use of that part in business sued without its consent is to make it
operation. Mere presumption of tax exemption is not subject to inconvenience and loss of
favoured. governmental efficiency, with a more
adverse result greater than if the
Martinez v. CA doctrine is abandoned
Martinez was charged with libel as a result of the
alleged derogatory imputations against then Vice-
5. Exceptions and provisions
President Laurel in his article. After the DOJ Secretary
issued an opinion that said article was not libellous, the General rule: All doubts should be resolved in
prosecutor was directed to cause the dismissal of the favor of the general provision rather than the
information filed. Laurel appealed. Martinez moved to exception
dismiss the appeal on the ground that no appeal lies - Exceptions should be strictly but reasonably
from the dismissal of a criminal case. construed, and extends only so far as their
Held: Petition is denied since the procedural recourse language fairly warrants
of Laurel was correct. The order of dismissal was a final - Provisos should be strictly construed since the
order, hence nothing more could be done in tbe lower
legislature sets forth in the general
court. What was required was the trial judges own
judgment and not that of the opinion of the DOJ
enactment its policy and only those exempted
secretary. The dismissal order, being a violation of the
private complainants right to due process, is
erroneous and the Court may remand the case to the 150
Alliance of Government Workers v. Minister of Labor and
trial court. Employment
151
Id.
4. Statutes concerning the sovereign
152
- Restrictive statutes which impose burdens on Sec. 3 Art. XVI (Const). The State may not be sued without its
consent.
the public treasury or which diminish the
153
Compana General de Tabacos de Filipinas v. Government

by the proviso should be freed from the cirrhosis is not an occupational disease. If it were so, it
operation of the statute should have been a disease in the lungs, not in the
liver. The Employees Compensation Commissione
affirmed the decision.
Held: Although not listed in Annex A enumerating the
Statutes liberally construed occupational disease, liver cirrhosis may result from
inhalation of chemicals as a result of gas fumes and
1. General social legislation heat. This was his state of work as a welder, and
2. Grant of power to local governments inhalation of small amounts, if prolonged would result
a. General welfare clause to this disease. But even so, the doubt should be
b. Statutes granting taxing power to resolved in favour of the working man.
local government
3. Statutes prescribing prescriptive period to GSIS v. CA
The surviving spouse of Senior Superintendent Jaime
collect taxes
Liwanag filed for claim of death benefit. He died of
4. Statutes imposing penalties for Hepatits B. After being denied by the GSIS, she filed
nonpayment of taxes with the CA a petition where she used as evidence
5. Election laws several PNP reports about the death of her husband.
6. Amnesty proclamations The CA ruled in her favour.
7. Statutes prescribing prescriptions of Held: Because Hepatitis B was not on the list of
crimes occupational diseases, the burden of proof lies with
8. Adoption statutes private respondent. Hence, she should have
9. Veteran and pension laws substantiated her claim and not solely rely on the
10. Rules of Court sweeping rapports from the PNP based on a laymans
report and not on medical findings. Although general
11. Other statutes
welfare legislations are construed in favour of the
a. Curative statutes worker, this holds true only when there is doubt and
b. Redemption law ambiguity. The law was clear that causal relation must
c. Warehouse receipt laws be backed up by substantial evidence.
d. Probation law
e. Statutes granting powers to an Sun Life Insurance v. CA
agency created by the Constitution Felix Lim had a personal accident insurance policy from
petitioner. Two months after the issuance of the
1. General social legislation policy, he died by gunshot. Suicide was ruled out after
the testimony of his secretary that after pointing the
- These are statutes enacted to implement the
gun at her, he pointed it at his temple after removing
social justice and protection-to-labor the magazine to assure her that there was no bullet.
provisions of the Constitution, and are His wife sued Sun Life and asked to pay her the face
construed liberally value of the policy since the latter claimed that there
- The doubt should be resolved in favour of the was no accident.
persons whom the law intended to benefit Held: As the secretary testified, Lim did not wilfully
- For it is only by liberal construction that the place his life at risk. Although Lim was negligent, it
constitutional mandate may be realized should not prevent his wife from recovering the
Limitation: Holds true only when there is doubt or insurance policy he obtained. The firing of gun was the
additional, unexpected, independent and unforeseen
ambiguity in the law and not when it is clear and
occurrence that led to his death. Insurance contracts
free from doubt. as a rule should be construed in favour of the insured.
Santos v. ECC Guerrero v. CA

Petitioners husband, who worked as welder for the Spouses Guerrero allowed Apolinario rake care of their
Philippine Navy, died of liver cirrhosis. She then filed a cows and to do chores and harvest in the plantation
with the GSIS a claim for death benefit, pursuant to PD owned by them. As such, he shared 1/3 from the
626. The GSIS denied the claim reasoning out that liver proceeds of copra he processed and sold to the

market. Twice he was refrained from harvesting by the governments should be construed
Guerreros under threat that his house shall be strictly against the National
destroyed. He was ordered reinstated as tenant by the Governments and liberally in favour
CA. of them
Held: The Agricultural Tenancy Act and the Land
Reform Act did not repeal the Code of Agrarian
Reform. Even if the shared tenancy scheme has been
3. Statutes prescribing prescriptive period to
phased out, it did not intend to make a reversion from collect taxes
tenants to hired labourers with no tenurial rights. The - These are beneficial both to the government
sharing of harvests taken together with other factors and to the taxpayer, since:
characteristic of a tenant strengthens Benitezs claim. o Tax officers would be obliged to act
promptly in making assessments
2. Grant of power to local governments o Citizens would have a feeling of security
- The trend is from a limited self-government against tax agents who takes advantage
to full autonomy.154 and harass taxpayers
a. General welfare clauses - Liberally construed in a way conducive to
- Has two branches: bring out the beneficial purpose of affording
o The first branch relates to the protection to taxpayers156
municipal authority to create
ordinances and regulations as 4. Statutes imposing penalties for non-payment
may be necessary to carry into of taxes
effect the powers and duties - Liberally construed in favour of the
conferred upon the local government and strictly interpreted against
legislative bodies by law the taxpayer
o The second branch authorizes - This is to hasten payments of taxes and
such ordinances necessary to punish evasions. If condoned, government
provide for the general welfare services will suffer
(healthy, safety, peace and order, - If possible, it should be interpreted to avoid
promote prosperity and improve tax evasions
the morals)
- Construed liberally in favour of the
5. Election laws
local governments because the
- Reasonable and liberally construed to achieve
general welfare clauses are elastic
the purpose- to safeguard the will of the
and must be responsive to various
electorate in choosing their representatives
social conditions
b. Statutes granting taxing power to local - It has three parts:
governments155 o Provisions for the conduct of elections
- The local governments are now which election officials are required to
empowered to create their own follow are mandatory before the elections
sources of revenues, hence, statutes and directory after elections. These are
limiting the taxing power of local liberally construed so as not to vitiate the
election.
154
Sec. 25 Art. II (Const). The State shall ensure the autonomy of o Provisions which candidates for office are
local governments. required to comply are mandatory and
155 failure to comply is fatal
Sec. 5 Art. X (Const). Each local government unit shall have the
power to create its own sources of revenues and to levy taxes, fees o Provisions designed to determine the will
and charges subject to such guidelines and limitations as the of the electorate are liberally construed,
Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to
the local governments.
156
Republic v. Ablaza

technical and procedural barriers should
not be allowed to stand if they constitute 10. Rules of Court
an obstacle in the choice of elective - Liberally construed because of being
officials157 procedural in nature.
- It should not be interpreted to sacrifice
6. Amnesty proclamations substantial rights of the litigant at the altar of
- Liberally construed in favour of the persons technicalities to the consequent impairment
within the amnesty grant to encourage the of the principles of justice.161
return to the fold of law those who have
veered away from it Arcilla v. Arcilla
- The same goes with pardon since the two are In the annulment of sale, the petitioners did not attend
synonymous the pre-trial and filed after the prescribed period. As a
result, the trial court continued with the litigation and
allowed the presentation of evidence without notice to
7. Statutes prescribing prescription of crimes the other party.
- Is in the nature of amnesty and should be Held: Alhtough the Rules of Court are procedural, it
liberally construed in favour of the accused should not be ignored, belittled or dismissed. They are
- Its existence is a recognition and notification required to be followed except for the most persuasive
by the legislature of the fact that time reasons.
assigned to it destroys proofs of guilt
11. Other statutes
8. Adoption statutes a. Curative statutes
- Liberally construed in favour of the child - Enacted to cure defects in a prior law
adopted or to validate legal proceedings which
- This is in consonance in the concept that would otherwise be void for want of
adoption statutes, being humane and conformity with certain legal
salutary, hold the interest and welfare of the requirements.
child to be of paramount consideration158 - Intended to supply defects. Abridge
superfluities and curb certain evils,
9. Veterans and pension laws and are retroactive
b. Redemptive laws
- Liberally construed in favour of the persons
- Liberally construed to allow the
intended to be benefited
debtor to have his property appliqud
- Veterans laws are expression of gratitude to
to pay as many debtors liabilities as
and recognition of those who rendered
possible
service to the country by extending monetary
- The doubt should resolve in favour of
benefits159
exemption from execution or
- Pension and retirement laws intend to attachment
provide for sustenance and comfort, when
c. Warehouse receipt laws
the former employee has no longer the
- Given liberal construction in favour of
stamina to continue earning his livelihood the holder of such receipts because
after devoting the best years of his life to they play an important role in modern
public service160 commerce
157
d. Probation law
Ginete v. Arcange
158
Malkano v. Agrava
159
Board of Administrators v. Philippine Veterans Bank
160 161
Santiago v. COA Cabunilas v. CA

- Liberally construed by extending the
benefits to any one not specifically
disqualified162
- This is because of the goal of the
probation to give first-hand
offenders a second chance to
maintain his place in society
e. Statutes granting power to an agency
created by the Constitution
162
Santos To v. Pano

MANDATORY AND DIRECTORY STATUTES 3. This indicates the legislative intent to
make the statute mandatory and can
Mandatory statutes rarely be directory167
Positive- Commands that something be done, 4. Statutes using permissive words (may) or
or performed in a particular way words importing permissiveness are
Negative- Prohibition; that something be not generally directory.168
done, leaving the person concerned no choice 5. May as an auxiliary verb shows
on the matter except to obey163 opportunity or possibility, it implies a
- acts executed against the possible existence of something169
provisions of mandatory or prohibitory laws
shall be void164 Republic v. Toledano and Spouses Clouse
Private respondents, who were American citizens,
Directory statutes wanted to adopt the minor Alcala. The lower court
granted their request, but the Office of the Solicitor-
1. permissive or discretionary in nature and
General filed a petition claiming that the spouses
merely outlines the act to be done in such a Clouse are disqualified from adopting because of their
way that no injury can result from ignoring it citizenship.
or that its purpose can be accomplished in a Held: Art. 184(3) of the Family Code clearly barred
manner other than that prescribed and will aliens from adopting when it said the following
have substantially the same result persons may not adopt. As for Alvin Clouse, he is not
2. statute which merely operates to confer a former Filipino citizen and the minor is neither his
discretion upon a person, namely, to act relative or legitimate child. It may be argued that
according to the dictates of his own judgment Evelyn Alcala is qualified by being a former Filipino
and conscience, and not controlled by the citizen who wished to adopt her younger brother
Joseph. But, Art. 185 (FC) orders a mandatory joint
judgment and conscience of others
adoption for spouses. As such, adoption cannot be
granted since her husband has disqualifications. But,
How to determine they may still adopt the minor according to the rules
on inter-country adoption.
I. Language used
II. Departure from the language Bunye v. Escareal
Several officials of Muntinlupa were issued a
I. Language used preventive suspension by the Sandiganbayan. This is in
connection with the alleged forcible taking of the New
General rules: Alabang Public Market. Defendants claimed that
Muntinlupa Government has a 25-year lease contract
1. Statutes using words of commands (shall,
with them, and their own cooperative introduced
must, ought, should) or prohibition improvements.
(cannot, shall not, ought not) connotes Held: Sec. 13 of the RA 3019 clearly provided that
compulsion and are regarded as public officials charged shall be suspended from office.
mandatory and imperative165 Even if there would be massive vacancies in several
2. Negative words or those in form of an offices in Muntinlupa, a preventive suspension must
affirmative proposition qualified by the still be issued.
word only have the force of
exclusionary negation166 II. Departure from the language
163
Brehn v. Republic
167
McGee v. Republic
164
Buyco v. PNB
168
Stanley v. Miller
165
Id at 145
169
Legazpi v. Estrella
166
Valdez v. Tuason

convicted. The mayor appealed to the Office of the
There is no universal rule to distinguish President and prayed for stay of execution order.
mandatory from directory statutes. Neither is The OP issued a stay for execution.
there an absolute test for determining whether a Held: Since implied repeals are not favoured,
construction should be to harmonize the laws. The
statute is to be considered mandatory or
phrase in Sec. 68 (LGC), an appeal shall not prevent a
directory. Hence, shall may be construed as decision from becoming final or executor, is held to
may and vice versa. To determine the be discretionary. The OP issued the order so as not to
construction, the legislative intent must be prejudice the public because suspension would disrupt
ascertained from all surrounding circumstance: the service of the mayor.
1. Entire statute
2. Object Mandatory statutes
3. Purpose
4. Legislative history 1. Conferring power
5. Consequences 2. Granting benefits
3. Prescribing jurisdictional requirements
Directory if... a. Prescribing time to take action or to
a. No substantial rights depend on it appeal
b. No injury can result from ignoring it b. Prescribing procedural requirements
c. The purpose of the legislature can be 4. Election laws on conduct of election
accomplished in a manner other than that 5. Election laws on qualifications and
prescribed and substantially the same disqualifications
results obtained 6. Prescribing qualifications for office
d. Where the directions of the statute are 7. Assessment of taxes
given merely with a view to the proper, 8. Public auction sale
orderly, and prompt conduct of business
e. Compliance with the statute is a matter of 1. Statutes conferring power
convenience rather than substance - Confer upon a public body or officer power to
performs acts which concern the public
Mandatory if... 170 interests or rights of individuals
a. The doing of an act is required by justice or - The power is given not for the benefit of the
public duty public officer but for third persons to meet
b. It vests a public body or officer with power the demands of rights and to prevent a failure
and authority to take such action which of justice
concerns the public interests or rights of
individuals 2. Statutes granting benefits
c. If it will cause hardship or injustice on the - Requires certain steps to be taken or certain
part of the public conditions to be met before persons
d. If it will lead to absurd, impossible or concerned can avail of the benefits conferred
mischievous consequences by law
e. Non-compliance with what is required will - Failure of persons to take the required steps
result in the nullity of the act or to meet the conditions will prevent him
from availing of this benefits
Berces, Sr. v. Guingona, Jr. Maxim: vigilantibus et non dormientibus jura
Petitioner filed two administrative cases against the subveniunt (law aids the vigilant, and not those
mayor of Tiwi, Albay; of which the latter was who slumber on their rights)
potior est in tempore, potior est in jure
170
Diokno v. Rehabilitation Finance Corp. (he who is first in time is preferred in right)

Esam Gandi was apprehended in the airport and
San Carlos Milling Co. v. Commissioner of Internal detained for possession of Marijuana. After posting
Revenue bail, he filed a motion for reinvestigation claiming that
SCMC, by virtue of Sec. 86 of the Tax Code, wanted to he was arrested without a warrant. This petition was
have its overpaid tax in 1983 be credited against its denied since he filed it beyond the 5-day reglementary
1984 tax dues. The Commissoner of Internal Revenue period. CA ruled that said period is discretionary only.
denied its request and merely treated it as an ordinary Held: Rule 112 Sec. 7 is mandatory. He may only
claim for refund/tax credit subject to further exercise his right to reinvestigation during the 5-day
investigation. reglementary period. The reason behind is to make the
Held: The word may in said provision should not be process of preliminary investigation speedy. Besides,
construed as to give the taxpayer an absolute right to his posting of bail means a waiver to a preliminary
arbitrarily avail it. It does not mean automatic and investigation.
immediate tax credit, since this would strip off the
government of its power to control taxation. There Llenares v. Valdeavella and Zoreta
should still be an investigation by the CIR to verify the Llenares filed an action of ejectment claiming that she
amount. owned 12 parcels of land after acquiring from a
sheriffs sale under a writ of execution. The lower court
3. Statutes prescribing jurisdictional ruled in favour of the defendants since there was
requirements insufficiency in the levy of land or in notice of sale.
Held: With the admission that the attempted levy was
- Requirements by which courts or tribunals
not made in accordance with the Rules of Civil
acquire jurisdiction to hear and decide cases Procedure, the petition has no merit. Proper levy and
must be strictly complied with (e.g. notice of sale are indispensable to a valid sale on
publication before a court hear a petition for execution.
land registration, written claim of refund to
Commissioner of Internal Revenues before 4. Election laws on conduct of election
actions for refund) General rule: All provisions governing the conduct
of elections and prescribing steps for the election
a. Statutes prescribing time to take action officials are mandatory before the elections. If
or to appeal sought to enforce after election day, they
- If a decision is adverse to a litigant, it become directory only if this will deprive
absolutely indispensable to take innocent voters, without fault on their part, of
action or appeal at the prescribed their votes
time in a the prescribed manner Reason: These steps were adopted to assist the
- This is to prevent needless delays and voters in their participation in the affairs of the
for the orderly and speedy discharge government and not to defeat that object. When
of business voters have honestly cast their ballots, the same
- Failure to do this will leave the should not be nullified simply because the officers
appellate court without jurisdiction have failed to do their duty. To make these
Maxim: reipublicae ut sit finis litium (public mandatory would nullify the votes affected.
interest requires an end to a legal Interested people will just be tempted and
controversy) conspire to create irregularities that will result to
b. Statutes prescribing procedural the vitiation of the election.
requirements
- Every act which is jurisdictional, or is 5. Election laws on qualification and
an essence of the proceeding, or for disqualification
the protection or benefit of the party - Laws prescribing the time limit to file
affected certificates of candidacy and qualifications
and disqualifications to elective office
People v. CA

- If a candidate failed to comply with said - So long as these do not limit their power
requirements, he is disqualified to run, even if (jurisdiction) or render its exercise in
he received the highest number of votes.171 disregard of the requisitions ineffectual
Said votes will be considered void and will not - That is why statutes jurisdictional in nature
be counted. are mandatory, because it limits the power of
the officer and render their actions invalid
6. Statutes prescribing qualifications for office (compare this to statutes prescribing
- Eligibility to hold office is a continuing jurisdictional requirements under mandatory
requirements and must exist not only from statutes)
the beginning of the term but also during the Exception: If accompanied by negative words (i.e.
occupancy of the office no, shall not, never, etc.)
- A person not qualified at the time he assumed
office, or if he loses such qualification during 2. Statutes prescribing manner of jurisdictional
his incumbency will be ousted from office.172 action
- These are the steps in judicial action followed
7. Statutes relating to assessment of taxes by judges in the exercise of their functions
- Assessment of taxes, intended to ensure the - The purpose is to provide an orderly conduct
security of citizens, the equality of taxation, of public business.
the certainty as to the nature and amount of - But, the procedure is only secondary in
each others tax, are mandatory importance to substantive rights, and non-
- But those designed for the methodical and observance of the former should not be
systematic modes of proceedings are merely permitted to affect the latter.
directory
Test: If the law is to protect citizens and to 3. Statutes requiring renditions of decision within
prevent sacrifice of their property, it is mandatory the prescribed period173
- A judgment made after the prescribed date of
8. Statutes concerning public auction sale promulgation is not rendered invalid. But the
- Prescribed steps in public auction of officer who failed to comply with the law may
properties are to be followed strictly be dealt with administratively, as
Reason: In derogation of the property rights and consequence of his delay.174
due process - Failure of judges to comply merely deprives
them not of their jurisdiction but their right to
collect their salaries175
Directory statutes
1. Prescribing guidance for officer

2. Prescribing manner of judicial action
3. Rendition of decision within prescribed
period 173
Sec. 15(1) Art. VIII (Const). All cases or matters filed after the
effectivity of this Constitution must be decided or resolved within
1. Statutes prescribing guidance for officers twenty-four months from date of submission for the Supreme
- Intended to guide public officers in the Court, and, unless reduced by the Supreme Court, twelve months for
all lower collegiate courts, and three months for all other lower
conduct of business courts. See also Sec. 7. Art. IX(A). Each Commission shall decide by a
majority vote of all its Members, any case or matter brought before
it within sixty days from the date of its submission for decision or
resolution.
171 174
Gafor v. COMELEC Philippine Association of Free Labor Unions v. Secretary of Labor
172 175
Aguila v. Genato Dimson v. Elepano

PROSPECTIVE AND RETROACTIVE STATUTES nova constitutio futuris formam imponere
debet non praeteritis (a new statute should affect
Prospective statutes the future, not the past)
- Operates upon facts or transactions that
occur after the statute takes effect
- One that looks and applies to the future176 Prospective statutes
- Indicated by the words hereafter,
thereafter, from and after the passing of 1. Penal statutes
this Act, shall have been made, from and 2. Ex post facto
after, shall. 3. Bill of attainder
4. Statutes substantive in nature
Retroactive statutes 5. Statutes affecting vested rights
- Takes away or impairs vested rights acquired 6. Statutes affecting obligations of
under existing laws, creates new obligation, contract
imposes a new duty or attaches a new 7. Repealing and amendatory acts
disability in respect to transactions already
past
- But a statute is not made retroactive because Retroactive statutes
it draws on antecedent facts for its operation
or part of the requirements for its application 1. Procedural
is drawn from a time antedating its passage177 2. Curative
- The constitution does not prohibit the 3. Police power legislations
enactment of a retroactive statute which does 4. Statutes relating to prescription
not impair obligations of contract or divest 5. Statutes relating to appeals
rights that have become vested
General rule: Statutes are to be construed as

having only a prospective operation178
Exception: The intendment if the legislature is to
give them retroactive effect is expressly declared
or implied from the language used
Presumption: All laws operate prospectively. And

in case of doubt, it shall be resolved against the
retroactive operations of law.
Reason: Law is a rule to guide actions with no
binding effect until it is enacted.
Maxims: lex prospicit, non respicit (the law looks

forward, not backward)
lex de future, judex de praeterito (law
provides for the future, the judge for the past)
176
Laceste v. Santos
177
Camacho v. Court of Industrial Relation
178
Art. 4 (CC). Laws shall have no retroactive effect, unless the
contrary is provided.

AMENDMENT, REVISION, 2. No vested rights impaired
CODIFICATION AND REPEAL 3. Procedural laws are applicable to actions
pending and undetermined at the time of
*The legislature has the authority to amend, passage
subject to constitutional requirements, any
existing law. Effects
Presumption: The legislature would not have
Amendment amended it had it not wanted to change its
- change or modification, by addition, deletion, meaning
or alteration of a statute - Meaning of law changes because an amended
- effected by the enactment of an amendatory act should be given a different construction
act or modifying or altering some provisions from that of the original.
of the statute - As if the original statute has been repealed
o Express- an amendatory act that specific and a new and independent act in the
provisions of a statute are amended as amended form had been adopted
recited therein - As if the statute has been originally enacted in
o Implied- a part of a prior statute its amended form
embracing the same subject as the later - The provisions of the original act not affected
act may not be enforced without by the amendment remain in force, while
nullifying the pertinent provision of the those omitted are deemed repealed182
latter. The prior act is deemed amended - Jurisdiction of a court is determined by the
to the extent of the repugnancy. law in force at the time the action is
instituted. And once the court has acquired
General rule: Implied amendment is never jurisdiction, that will remain with it until the
presumed nor favoured. Every statute should be case is decided.183
harmonized with other laws on the same o If a statute amends a prior act with the
subject.179 effect of divesting the court of
Exception: A clear inconsistency and jurisdiction, it may not be construed as to
irreconcilable repugnancy between statutes.180 oust jurisdiction that may have already
attached under prior law. This would be a
Effectivity subversion of the judicial process.184
- Amended takes effect 15 days following the o This rule also applies to quasi-judicial
publication in the Official Gazette or a bodies.185
newspaper of general circulation181 - An invalid law does not exist. If a prior statute
- An amended is a part of the original act that is which has been amended is declared invalid,
already in force and effect, hence, it becomes nothing has been amended. If the
effective as part of the amended law at the amendatory act is complete by itself, it will be
time the amendatory act takes effect considered as an original or independent
General rule: Amended act operates prospectively act.186 If the amendatory act is declared
Exceptions:
1. If the legislature clearly intended its 182
Parras v. Land Registration Commission
retroactive effect
183
Rillaroza v. Arciaga
179 184
Estrada v. Caeda Government v. Gale
180 185
Garcia Valdez v. Tuason Erectors, Inc. v. NLRC
181 186
Art. 2 (CC), as amended by EO 200 People v. Lim

invalid, it would be as if the amendment did Held: The later code did not cover not attempted to
not exist; the prior act remains unaffected cover the entire subject matter. There are several
and in force.187 matters treated in the old Code that are not found in
the new one. The fact that a later law may relate to the
same subject matter is insufficient to cause an implied
Revision and Codification
repeal since it may just be cumulative of the prior
- The purpose is to restate the existing laws legislation.
into one statute, simplify complicated
provisions, and make laws on the subject Repeal
easily found - The power to enact a law necessarily includes
- It is a continuation of the existing statutes the power to repeal it for the legislature
Presumption: The author has maintained a cannot enact an irrepealable laws to limit the
consistent philosophy or position. The code is future legislative acts
enacted as a single, comprehensive statute, and is - Only the legislature can repeal laws. The
to be considered as such and not as series of Supreme Court can only promulgate rules of
disconnected articles or provisions. procedure and cannot exercise such power to
alter, change or repeal substantive laws
In cases of irreconcilable conflict - Every legislative body may modify or abolish
1. Interpretation which is best in accord the acts passed by itself or its predecessor
with the general plan and may be exercised at the same session
2. Later in physical position, being the latest which the original act was passed, and even
expression of legislative will where the bill is in its progress and before it
3. What is omitted is deemed repealed becomes a law
because the codification is intended to be
a complete enactment on the subject. But Total repeal is rendered revoked completely,
this is limited only if revision or while a partial repeal leaves the unaffected
codification is intended to be a complete portions of the statute in force.
enactment on the subject, expression of
the whole law, or if it revises the whole A declaration in a statute that a particular and
subject matter of the former statute188 specific law (identified by its number and title) is
4. A change in phraseology does not repealed is an express repeal. All other repeals
automatically result to change in are implied repeals.
construction of the old laws, neither an
alteration nor omission or addition of A law is repealed only by the enactment if
words in the later statute shall be held to subsequent laws. Violations, non-observance,
alter the construction of the former acts. disuse, customs and practices on the contrary do
This is because in codifications, not render a prior law repealed.
condensation is a necessity; general ideas
will be expressed in brief phrases. Repeal by implication
- Where a statute of a later date clearly reveals
Mecano v. COA an intention on the part of the legislature to
Petitioner was hospitalized for cholecystitis. He filed
abrogate a prior act
for refund or reimbursement of the hospital expenses
he incurred. COA denied his request since the
- This intention must be clear and manifest
Administrative Code of 1987 repealed the RAC, and the - Categories:
same section from which Mecano based his action has o Two acts on the same subject and have
not been reproduced. the same object are in an irreconcilable
conflict, the later act to the extent of the
187
Government v. Agoncillo
188
Mecano v. COA

conflict constitutes an implied repeal of time of his apprehension. The Mapa doctrine were it
the former did not exempt special agents from permit to carry
o The later act covers the whole subject of weapons were promulgated during the pendency of
the earlier one and is intended as a Santayanas case.
substitute
C&C Commercial v. NAWASA
Basis: A cardinal rule in science of jurisprudence RA 912 mandates that Filipino corporations should be
that two inconsistent laws on the same subject prioritized. NAWASA awarded the bid to a foreign
cannot co-exist in one jurisdiction189 company in constructing water pipes in several
Maxim: leges posteriors priores contrarias provinces. NAWASA argues that it was not under the
abrogant (the later statute repeals prior ones term government required to prioritize Filipino
which are repugnant to it) companies in projects as provided in RA 912.
Held: CA 138 and RA 912 are statutes in pari material
- But implied repeals are not favoured since the and be construed together. The former included
presumption is against inconsistency or purchases by government-owned companies (like
NAWASA), while the later only talked about
repugnancy
construction or repair work done by the government.
Presumption: The legislature knows the existing
laws in the subject and could not have enacted Primicias v. Municipality of Urdaneta
inconsistent or conflicting statutes. Primicias was apprehended and charged for violation
Exception: There is an irreconcilable repugnancy of a local ordinance prohibiting overtaking.
Held: The ordinance is invalid since RA 4136 explicitly
Iloilo Palay and Corn Planters Association v. Feliciano repealed Act 3922. The ordinance violated several
Respondent Manager of the Rice and Corn requirements of RA 4136, specifically the clearness,
Administration urged the president to import rice. definiteness and certainty of the prohibitions. No
Petitioners alleged that RA 3452 prohibited the distinctions has been made between the vehicles
importation of rice by the government, only private covered, the thouroughfares, required under Sec. 38.
parties may do so. The government responded and RA 4136 specifically mentioned that no ordinances
said that RA 2207 allowed the President to import rice may be passed specifying maximum allowable speed
should there be shortage or national emergency. other than those provided in it.
Held: RA 2207 covers three periods, and only prohibits
importation when there is sufficiency of rice supply - Hence, a general law does not repeal a special
and normalcy of times. Ra 3452 covers only the first one. The special shall be considered as an
and second situation (i.e. shortage is not enough to extension to the general law. But, there is
constitute a national emergency). Hence, the two laws always a partial repeal where the later act is a
can be harmonized. Ban on importation disappears
special law.
when the country is confronted of rice shortage.
Presumption: The legislature considers and makes
People v. Santayana provisions for all circumstances of the particular
Santayana was designated as a special agent of the CIS case
and was issued a firearm. He was apprehended in Plaza Exception: Where the words used in a general law
Miranda and was charged for illegal possession of is so broad and so clear and explicit as to show
firearms since he had no permit to carry. CFI Manila the intention to cover the whole subject
tried and convicted him. It was alleged that the CFI
Manila had no jurisdiction and the Municipal Court Villegas v. Subido
should have tried him. After the retirement of the Asst. City Treasurer, Civil
Held: The two provisions may be harmonized by Service Commissioner Subido authorized Jose Gloria to
holding that the CFI Manila and the Municipal Court assume the position. Mayor Villegas ordered Gloria to
have concurrent jurisdiction since the penalty that may refrain from exercising his duties since the
be imposed both fall under the said courts. Aside from appointment power is lodged with him under the
this, the Macarandang ruling was still prevailing at the Decentralization Act. During the pendency of the case,
189
Garcia Valdez v. Tuason

the President nominated Gloria and was duly - Where it enacts something in general
confirmed. terms and afterwards it passes
Held: The City Charter of Manil gave the President the another on the same subject, which
power to appoint the Asst. City Treasurer. The Revised though expressed in affirmative
Administrative Code (RAC) only allowed appointment
language introduces special condition
of employees by local officials, and not officers. The
Charter is considered as an exception to the general
or restrictions
rule found in the RAC.
Effects of repeal
CEPALCO v. Commissioner of Internal Revenue 1. Renders inoperative as of the date the
Petitioner was granted a franchise in 1961 to maintain repealing act takes effect. It is a
an electric light, heat and power system in Cagayan de declaration that the repealed statute is
Oro. It was successively amended to include other invalid from the date of enactment
municipalities. Later, the Local Tax Code was enacted 2. But it does not undo the consequences of
empowering local government units to impose new the operation of the statute while in
taxes. CEPALCO refused to pay the additional tax to the
force, unless directly expressed by the
province of Misamis Oriental claiming that its franchise
expressly provided that it would only pay 3% from its
language or necessary implications. It
gross earnings. cannot render illegal what was legal
Held: The Local Tax Code is more general in scope and before
application, while the franchise grant to CEPALCO is 3. Cannot oust jurisdiction from a court, nor
specific. render its decision void
4. Defeats all actions and proceedings still
1. Implied repeal by revision or codification pending which arose from the repealed
- Legislative intent is shown by statute since an appellate court will
enactment of a statute revising or dispose of a question according to the law
codifying the former laws on the prevailing at the time of rendition of the
whole subject matter appealed judgment
- Legislative declaration that whatever 5. Does not destroy or impair vested rights
is embraced in the new statute shall under the statute prior its repeal. Rights
prevail and whatever is excluded shall accrued and vested while a statute is in
be discarded force survives repeal
6. It will not affect the terms of contract
2. Repeal by re-enactment entered into by parties on the basis of the
- A re-enacted statute of the whole repealed law. And will apply even if one
subject matter, if complete and of the contracting parties is the
comprehensive is regarded as the government.190
whole law on the subject. 7. It does not preclude collection of taxes
- When a specific section of a prior act under the repealed law
by providing that it should be read as 8. But will deprive the court of its
follows, then quote the amended jurisdiction if a penal law is repealed since
provisions, what is not included in the the act is not anymore considered
re-enactment is deemed repealed criminal
9. Repeal of a municipal charter destroys all
3. Other forms of repeal offices under it, and puts an end to the
- The most powerful is that which functions of an incumbent, except those
arises when the later law is expressed saved by the charter
in the form of a universal negative,
since a negative statute repeals all
conflicting provisions 190
Insular Government v. Frank

10. Simultaneous repeal and re-enactment hence, Tac-an filed an action to annul the sale. He
does not affect the rights and liabilities asked the governor to sign the deed. It was signed but
accrued under the original statute since was later withdrawn for deceit and false
the re-enactment simply neutralizes the representation on his part.
Held: The signature/approval of the Governor is
repeal
needed since the brothers were non-Christians and
11. A law which expressly repeals a prior law Subanons. The Administrative Code of Mindanao and
is repealed, the first law shall not be Sulu was still in force at that time and was not
revived unless expressly stated repealed.
Tac-an v. CA Distinctions to expiration of law

Tac-an caused the Acopiado brothers to thumb mark a - Unlike in expiration of law, absolute repeal
deed of quit claim as payment for his services as
obliterates the crime and erases the stigma of
lawyer. The brothers later dismissed his services since
their relatives did not want to give the land as
conviction.
payment. One of the brothers sold his share of land,


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Statutory Construction

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3. Enacting Clause Kinds of statutes

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*The rule-making power of a public 18

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Presumption of validity Locus standi

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Test of constitutionality *The orthodox view is expressed in Art. 7 (CC).27

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If months are designated by their name, they shall

In computing a period, the first day shall be

Exception: Computation of the prescription of a

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Power to construe When to construe

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Ambiguity- condition of admitting two or more Quijano v. DBP

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People v. Nazario Perfecto v. Meer

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*The court should interpret the law as a whole

Limitations on power to construe

1. Courts may not, under the guise of

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Reports of commissions49 Exception to the rule that amendment

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*Only Supreme Court can change or

*Until it abandons or overrules a

Tan Chong v. Secretary of Labor

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Phrases: Cecileville Realty & Service Corp. v. CA

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Casela v. CA 4. Construction in favour of right and

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*If there is a repugnancy between a Saving clause

Differences of an exception to a proviso120

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