Statutory Construction there is a need to study this subject

7/28/2019 Statutory Construction there is a need to study this subject

1/33

STATUTORY CONSTRUCTION

CHAPTER IPRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction the art or process of discovering andexpounding the meaning and intention of the authors of the law withrespect to its application to a given case, where that intention is rendereddoubtful, among others, by reason of the fact that the given case is notexplicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking theintention of the legislature in enacting a statute and applying it to agiven state of facts.

A judicial function is required when a statute is invoked and differentinterpretations are in contention.

Difference between judicial legislation and statutory construction:Where legislature attempts to do several things one which is invalid, it

may be discarded if the remainder of the act is workable and in no waydepends upon the invalid portion, but if that portion is an integral part ofthe act, and its excision changes the manifest intent of the act bybroadening its scope to include subject matter or territory which was notincluded therein as enacted, such excision is judicial legislation andnot statutory construction.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction is the drawing of conclusions with respect to subjects thatare beyond the direct expression of the text, while interpretation is theprocess of discovering the true meaning of the language used.

Interpretation is limited to exploring the written text. Construction onthe other hand is the drawing of conclusions, respecting subjects that liebeyond the direct expressions of the text.


2/33

SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government:

Legislative power is vested in the Congress of the Philippines theSenate and the House of the RepresentativesExecutive power is vested in the President of the Republic of thePhilippines (Art. VII, Sec.1, Phil. Const.)Judicial power is vested in one Supreme Court and in such lowercourts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)Legislative makes the lawExecutive - executes the lawJudicial interprets the law

Simply stated, the situs of construction and interpretation of writtenlaws belong to the judicial department.

It is the duty of the Courts of Justice to settle actual controversiesinvolving rights which are legally demandable and enforceable, and todetermine whether or not there has been a grave abuse of discretion

amounting to lack or excess of jurisdiction on the part of any branch orinstrumentality of the government.

Supreme Court is the one and only Constitutional Court and all otherlower courts are statutory courts and such lower courts have the powerto construe and interpret written laws.

DUTY OF THE COURTS TO CONSTRUE AND INTERPRETTHE LAW; REQUISITES

1.There must be an actual case or controversy,2.

There is ambiguity in the law involved in the controversy.Ambiguity exists if reasonable persons can find different meanings in astatute, document, etc.

A statute is ambiguous if it is admissible of two or more possiblemeanings.

If the law is clear and unequivocal, the Court has no other alternativebut to apply the law and not to interpret.


3/33

Construction and interpretation of law come only after it has beendemonstrated that application is impossible or inadequate without them.

DIFFERENT KINDS OF CONSTRUCTION ANDINTERPRETATION

Hermeneutics the science or art of construction and interpretation.

Legal hermeneutics is the systematic body of rules which arerecognized as applicable to the construction and interpretation of legalwritings.

Dr. Lieber in his work on Hermeneutics gives the following classificationof the different kinds of interpretation:

1.Close interpretation adopted if just reasons connected with thecharacter and formation of the text induce as to take the words in thenarrowest meaning. This is generally known as literalinterpretation.2.Extensive interpretation also called as liberal interpretation, itadopts a more comprehensive signification of the words.

3.Extravagant interpretation substitutes a meaning evidently beyondthe true one. It is therefore not genuine interpretation.4.Free or unrestricted interpretation proceeds simply on he generalprinciples of interpretation in good faith, not bound by any specific orsuperior principle.5.Limited or restricted interpretation -influenced by other principlesthan the strictly hermeneutic ones.6.Predestined interpretation takes place when the interpreter, laboringunder a strong bias of mind, makes the text subservient to his

preconceived views and desires.SUBJECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are theconstitution and statutes which include ordinances. But we may alsoadd resolutions, executive orders and department circulars.


4/33

CHAPTER IISTATUTES

LEGISLATIVE PROCEDURES

The power to make laws is lodged in the legislative department of thegovernment.

A statute starts with a bill.

Bill is the draft of a proposed law from the time of its introduction in alegislative body through all the various stages in both houses. It isenacted into law by a vote of the legislative body. An Act is theappropriate term for it after it has been acted on and passed by thelegislature. It then becomes a statute, the written will of the legislaturesolemnly expressed according to the form necessary to constitute it asthe law of the state.

Statute Law is a term often used interchangeably with the wordstatute. Statute Law, however, is broader in meaning since it includesnot only statute but also the judicial interpretation and application of theenactment.

HOW DOES A BILL BECOMES A LAW STEPS

A bill before it becomes a law must pass the strict constitutionalrequirements explicit both in the 1973 Constitution and the 1987Constitution.

Passage of a bill in a parliamentary system (unicameral assembly):

a.A member of the National Assembly may introduce the proposed billto the Secretary of the National Assembly who will calendar the samefor the first reading.

b.In the first reading, the bill is read by its number and title only.c.After the first reading, the bill is referred by the Speaker to theappropriate committee for study. At this stage, the appropriatecommittee will conduct public hearings. Then after the publichearings, the committee shall decide whether or not to report the billfavorably or whether a substitute bill should be considered. Should


5/33

there be an unfavorable report of the committee, then the proposedbill is dead.

d.Upon favorable action by the committee, the bill is returned to theNational Assembly and shall be calendared for the second reading.e.In the second reading, the bill is read in its entirety.f.Immediately after the second reading, the bill is set for open debateswhere members of the assembly may propose amendments andinsertions to the proposed bill.g. After the approval of the bill in its second reading and at least three(3) calendar days before its final passage, the bill is printed in its finalform and copies thereof distributed to each of the members.h. The bill is then calendared for the third and final reading.At thisstage, no amendment shall be allowed. Only the title of the bill isread and the National Assembly will then vote on the bill. Under thepresent 1987b Constitution, after the third and final reading at oneHouse where the bill originated, it will go to the other House where itwill undergo the same process.i.

After the bill has been passed, it will be submitted to the PrimeMinister (President) for approval. If he disapproves, he shall veto itand return the same with his objections to the National Assembly(House where it originated), and if approved by two-thirds of all itsmembers, shall become a law. Under the present set-up, if theoriginating house will agree to pass the bill, it shall be sent, togetherwith the objections to the other house by which it shall be likewise beconsidered and must be approved by two-thirds of the votes. Everybill passed by Congress shall be acted upon by the President withinthirty (30) days from receipt thereof. Otherwise, it shall become a law.CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL

Three (3) very important constitutional requirements in the enactment of

statute:

1.Every bill passed by Congress shall embrace only one subject whichshall be expressed in the title thereof. The purposes of thisconstitutional requirements are:To prevent hodge-podge or log-rolling legislation;To prevent surprise or fraud upon the legislature; andTo fairly apprise the people, through such publications oflegislative proceedings as is usually made, of the subjects of

legislation that are being considered, in order that they may haveopportunity of being heard thereon by petition or otherwise, if theyshall so desire.


6/33

2.No bill passed by either House shall become law unless it has passedthree readings on separate days, and printed copies thereof in its finalform have been distributed to each member three days before itspassage.3.Every bill passed by the Congress shall, before it becomes a law, bepresented to the President. The executive approval and veto power ofthe President is the third important constitutional requirement in themechanical passage of a bill.PARTS OF STATUTE

a.Title the heading on the preliminary part, furnishing the name bywhich the act is individually known. It is usually prefixed to thestatute in the brief summary of its contents.b.Preamble part of statute explaining the reasons for its enactmentand the objects sought to be accomplished. Usually, it starts withwhereas.c.Enacting clause part of statute which declares its enactment andserves to identify it as an act of legislation proceeding from the proper

legislative authority. Be enacted is the usual formula used to startthis clause.d.Body the main and operative part of the statute containing itssubstantive and even procedural provisions. Provisos and exceptionsmay also be found.e.Repealing Clause -announces the prior statutes or specificprovisions which have been abrogated by reason of the enactment ofthe new law.f.Saving Clause restriction in a repealing act, which is intended tosave rights, pending proceedings, penalties, etc. from the annihilation

which would result from an unrestricted repeal.g.Separability Clause provides that in the event that one or moreprovisions or unconstitutional, the remaining provisions shall still bein force.h.Effectivity Clause announces the effective date of the law.KINDS OF STATUTES

1.General Law affects the community at large. That which affects allpeople of the state or all of a particular class.2.

Special Law designed for a particular purpose, or limited in rangeor confined to a prescribed field of action on operation.


7/33

3.Local Law relates or operates over a particular locality instead ofover the whole territory of the state.4.Public Law a general classification of law, consisting generally ofconstitutional, administrative, criminal, and international law,concerned with the organization of the state, the relations betweenthe state and the people who compose it, the responsibilities of publicofficers of the state, to each other, and to private persons, and therelations of state to one another. Public law may be general, local orspecial law.5.Private Law defines, regulates, enforces and administersrelationships among individuals, associations and corporations.6.Remedial Statute providing means or method whereby causes ofaction may be affectuated, wrongs redressed and relief obtained.7.Curative Statute a form of retrospective legislation which reachesback into the past to operate upon past events, acts or transactions inorder to correct errors and irregularities and to render valid andeffective many attempted acts which would otherwise be ineffective forthe purpose intended.

8.Penal Statute defines criminal offenses specify corresponding finesand punishments.9.Prospective Law applicable only to cases which shall arise after itsenactment.10.Retrospective Law looks backward or contemplates the past; onewhich is made to affect acts or facts occurring, or rights occurring,before it came into force.11.Affirmative Statute directs the doing of an act, or declares whatshall be done in contrast to a negative statute which is one that

prohibits the things from being done, or declares what shall not bedone.12.Mandatory Statutes generic term describing statutes which requireand not merely permit a course of action.CONCEPT OF VAGUE STATUTES


8/33

Statues or act may be said to be vague when it lacks comprehensiblestandards those men of common intelligence must necessarily guess atits meaning and differ as to its application.Statute is repugnant to the Constitution in two (2) respects:

1.It violates due process for failure to accord persons fair notice ofconduct to avoid; and2.It leaves law enforcers unbridled discretions.The Supreme Court held that the vagueness doctrine merely requires areasonable degree of certainty for the statute to be upheld--- not absoluteprecision or mathematical exactitude. Flexibility, rather than meticulousspecificity, is permissible as long as the metes and bounds of the statuteare clearly delineated

REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED

Express repeal is the abrogation or annulling of a previously existinglaw by the enactment of a subsequent statute which declares that theformer law shall be revoked and abrogated.

Implied repeal when a later statute contains provisions so contrary toirreconcilable with those of the earlier law that only one of the twostatutes can stand in force.

The repeal of a penal law deprives the court of jurisdiction to punishpersons charged with a violation of the old penal law prior to its repeal.

Only a law can repeal a law.

The intention to repeal must be clear and manifest, otherwise, at least,as a general rule, the later act is to be construed as a continuation of,and not a substitute for, the first act.

Two (2) categories of repeal by implication:

1.Where provision in the two acts on the same subject matter are in anirreconcilable conflict;2.If the later act covers the whole subject of the earlier one and isclearly intended as a substitute to be a complete and perfect systemin itself.ORDINANCE


9/33

Ordinance an act passed by the local legislative body in the exercise ofits law-making authority.

TEST OF VALID ORDINANCE

1. Must not contravene the Constitution or any statute;2. Must not be unfair or oppressive;3. Must not be partial or discriminatory;4. Must not prohibit but may regulate trade;5. Must be general and consistent with public policy; and6. Must not be unreasonable.REASON WHY AN ORDINANCE SHOULD NOTCONTRAVENE A STATUTE

Local councils exercise only delegated legislative powers conferred onthem by Congress as the national law making body.

The delegate cannot be superior to the principal.

ROLE OF FOREIGN JURISPRUDENCE

Philippine laws must necessarily be construed in accordance with theintention of its own law makers and such intent may be deduced from

the language of each law and the context of other local legislation relatedthereof.


10/33

CHAPTER IIIBASIC GUIDELINES IN THE CONSTRUCTION ANDINTERPRETATION OF LAWS

LEGISLATIVE INTENT

The object of all interpretation and construction of statutes is toascertain the meaning and intention of the legislature, to the end thatthe same may be enforced.

Legislative intent is determined principally from the language of thestatute.

VERBA LEGIS

If the language of the statute is plain and free from ambiguity, andexpress a single, definite, and sensible meaning, that meaning isconclusively presumed to be the meaning which the legislature intendedto convey.

STATUTES AS A WHOLE

A cardinal rule in statutory construction is that legislative intent must beascertained from a consideration of the statute as a whole and notmerely of a particular provision. A word or phrase might easily convey ameaning which is different from the one actually intended.

A statute should be construed as a whole because it is not to bepresumed that the legislature has used any useless words, and becauseit is dangerous practice to base the construction upon only a part of it,since one portion may be qualified by other portions.

SPIRIT AND PURPOSE OF THE LAW

When the interpretation of a statute according to the exact and literal

import of its words would lead to absurd or mischievous consequences,or would thwart or contravene the manifest purpose of the legislature in


11/33

its enactment, it should be construed according to its spirit and reason,disregarding or modifying, so far as may be necessary, the strict letter ofthe law.

When the reason of the law ceases, the law itself ceases.Doctrine of necessary implications. What is implied in a statute is asmuch a part thereof as that which is expressed.CASUS OMISSUS

When a statute makes specific provisions in regard to severalenumerated cases or objects, but omits to make any provision for a caseor object which is analogous to those enumerated, or which stands uponthe same reason, and is therefore within the general scope of the statute,and it appears that such case or object was omitted by inadvertence orbecause it was overlooked or unforeseen, it is called a casus omissus.Such omissions or defects cannot be supplied by the courts.

The rule of casus omissus pro omisso habendus est can operate andapply only if and when the omission has been clearly established.

STARE DECISIS

It is the doctrine that, when court has once laid down a principle, andapply it to all future cases, where facts are substantially the same,regardless of whether the parties and properties are the same.

Stare Decisis. Follow past precedents and do not disturb what has beensettled. Matters already decided on the merits cannot be relitigatedagain and again.

Stare decisis et non quieta movere (follow past precedents and do notdisturb what has been settled.


12/33

CHAPTER IVCONSTRUCTION AND INTERPRETATION OFWORDS AND PHRASES

WHEN THE LAW DOES NOT DISTINGUISH, COURTSSHOULD NOT DISTINGUISH

When the law does not distinguish, courts should not distinguish. Therule, founded on logic, is a corollary of the principle that general wordsand phrases of a statute should ordinarily be accorded their natural andgeneral significance.

The courts should administer the law not as they think it ought to be butas they find it and without regard to consequences.

If the law makes no distinction, neither should the Court.EXCEPTIONS IN THE STATUTE

When the law does not make any exception, courts may not exceptsomething unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS

General terms in a statute are to receive a general construction, unlessretrained by the context or by plain inferences from the scope andpurpose of the act.

General terms or provisions in a statute may be restrained and limitedby specific terms or provisions with which they are associated.

Special terms in a statute may sometimes be expanded to a generalsignification by the consideration that the reason of the law is general.


13/33

GENERAL TERMS FOLLOWING SPECIAL TERMS(EJUSDEM GENERIS)

It is a general rule of statutory construction that where general wordsfollow an enumeration of persons or things, by words of a particular andspecific meaning, such general words are not to be construed in theirwidest extent, but are to be held as applying only to persons or things ofthe same general kind or class as those specifically mentioned. But thisrule must be discarded where the legislative intention is plain to thecontrary.

This rule is commonly called the ejusdem generis rule, because itteaches us that broad and comprehensive expressions in an act, such asand all others, or any others, are usually to be restricted to personsor things of the same kind or class with those specially named in thepreceding words.

Rule of ejusdem generis merely a tool of statutory construction resortedto when legislative intent is uncertain.

EXPRESS MENTION AND IMPLIED EXCLUSION

It is a general rule of statutory construction that the express mention of

one person, thing, or consequence is tantamount to an express exclusionof all others. Expressio unius est exclusio alterius.

Except:

When there is manifest of injustice When there is no reason for exception.ASSOCIATED WORDS (NOSCITUR SOCIIS)

Where a particular word is equally susceptible of various meanings, itscorrect construction may be made specific by considering the company ofterms in which it is found or with which it is associated.


14/33

USE OF NEGATIVE WORDS

Negative words and phrases regarded as mandatory while thoseaffirmative are mere directory.

The word shall emphasizes mandatory character and meansimperative, operating to impose a duty which may be enforced.

THE USE OF THE WORD MAY AND SHALL IN THESTATUTE

Use of the word may in the statute generally connotes a permissiblething, and operates to confer discretion while the word shall isimperative, operating to impose a duty which may be enforced.

The term shall may be either as mandatory or directory dependingupon a consideration of the entire provision in which it is found, itsobject and consequences that would follow from construing it one way orthe other.

USE OF THE WORD MUST

The word must in a statute like shall is not always imperative and

may be consistent with an exercise discretion.

THE USE OF THE TERM AND AND THE WORD OR

And means conjunction connecting words or phrases expressing theidea that the latter is to be added or taken along with the first.

Or is a disjunctive particle used to express as alternative or to give achoice of one among two or more things. It is also used to clarify whathas already been said, and in such cases, means in other words,towit, or that is to say.

COMPUTATION OF TIME

When the laws speak of years, months, days or nights, it shall beunderstood that years are of three hundred sixty five days each; months


15/33

of thirty days; days of twenty four hours; and nights from sunset tosunrise.

If months are designated by their name, they shall be computed by thenumber of days which they respectively have.

In computing a period, the first day shall be excluded, and the last dayincluded (Art. 13, New Civil Code).

A week means a period of seven consecutive days without regard to theday of the week on which it begins.

FUNCTION OF THE PROVISO

Proviso is a clause or part of a clause in the statute, the office of whichis either to except something from the enacting clause, or to qualify orrestrain its generality, or to exclude some possible ground ofmisinterpretation of its extent.

Provided is the word used in introducing a proviso.


16/33

CHAPTER VPRESUMPTIONS IN AID OF CONSTRUCTION ANDINTERPRETATION

PRESUMPTIONS

In construing a doubtful or ambiguous statute, the Courts will presumethat it was the intention of the legislature to enact a valid, sensible andjust law, and one which should change the prior law no further than maybe necessary to effectuate the specific purpose of the act in question.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullification of law, theremust be a clear and unequivocal breach of the constitution.

The theory is that, as the joint act of the legislative and executiveauthorities, a law is supposed to have been carefully studied anddetermined to be constitutional before it was finally enacted.

All laws are presumed valid and constitutional until or unless otherwiseruled by the Court.

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injusticeas this never within the legislative intent.

We interpret and apply the law in consonance with justice.

Judges do not and must not unfeelingly apply the law as it is worded,yielding like robots to the literal command without regard to its causeand consequence.


17/33

PRESUMPTION AGAINST IMPLIED REPEALS

The two laws must be absolutely incompatible, and clear finding thereofmust surface, before the inference of implied repeal may be drawn.

In the absence of an express repeal, a subsequent law cannot beconstrued as repealing a prior law unless an irreconcilable inconsistencyand repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTIVENESS

In the interpretation of a statute, the Court should start with theassumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give effect tothe legislative intention so as to avoid an unjust and absurd conclusion.

Presumption against undesirable consequences were never intended by alegislative measure.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL

LAW

Philippines as democratic and republican state adopts the generallyaccepted principles of international law as part of the law of the land andadheres to the policy of peace, equality, justice, freedom, cooperation,and amity with all nations. (Art. II, Sec. 2, Phil. Constitution).


18/33

CHAPTER VIINTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

INTRINSIC AIDS

The term intrinsic means internal or within. Intrinsic aids, therefore,are those aids within the statute.

Intrinsic aids are resorted to only if there is ambiguity. In resorting tointrinsic aids, one must go back to the parts of the statute: the title, thepreamble, context or body, chapter and section headings, punctuation,and interpretation.


19/33

CHAPTER VIIEXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

EXTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the fourcorners of the statute. If there is any doubt as to the meaning of thestatute, the interpreter must first find that out within the statute.

Extrinsic aids therefore are resorted to after exhausting all the availableintrinsic aids and still there remain some ambiguity in the statute.

Extrinsic aids resorted to by the courts are history of the enactment ofthe statute; opinions and rulings of officials of the government calledupon to execute or implement administrative laws; contemporaneousconstruction by executive officers; actual proceedings of the legislativebody; individual statements by members of congress; and the author ofthe law.

Other sources of extrinsic aids can be the reports and recommendationsof legislative committees; public policy; judicial construction; and

construction by the bar.


20/33

CHAPTER VIINTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

INTRINSIC AIDS

The very term intrinsic means internal or within.Intrinsic aids, therefore, are those aids within the statute.If the language of the statute is clear and unequivocal, there is no need

to resort to intrinsic aids.In resorting to intrinsic aids, one must go back to the parts of thestatute.

THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID INDETERMINING LEGISLATIVE INTENT

TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative intent.

PREAMBLE AS INTRINSIC AID

The intent of the law as culled from its preamble and from the situation,circumstances and conditions it sought to remedy, must be enforced.

Preamble used as a guide in determining the intent of the lawmaker.


21/33

CHAPTER VIIEXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

EXTRINSIC AIDS

Extrinsic aids are existing aids from outside sources, meaning outsidefrom the four corners of the statute.

Extrinsic aids are resorted to after exhausting all the available intrinsicaids and still there remain some ambiguity in the statute.

Extrinsic aids resorted to by the courts are:

History of the enactment of the statute;Opinions and rulings of officials of the government called upon toexecute or implement administrative laws;Contemporaneous construction by executive officers charged withimplementing and enforcing the provisions of the statutes unless

such interpretation is clearly erroneous;Actual proceedings of the legislative body;Individual statements by members of congress; andThe author of the lawOther sources of extrinsic aids are:

Reports and recommendations of legislative committees;Public policy;

Judicial construction; andConstruction by the barIt is a well-accepted principle that where a statute is ambiguous, courtsmay examine both the printed pages of the published Act as well asthose extrinsic matters that may aid in construing the meaning of thestatute, such as the history of its enactment, the reasons of the passageof the bill and purposes to be accomplished by the measure.


22/33

Individual statements by members of Congress on the floor do notnecessarily reflect legislative intent.

The best interpreter of the law or any of its provisions is the author of thelaw.

CHAPTER VIIISTRICT AND LIBERAL CONSTRUCTION ANDINTERPRETATION OF STATUTES

GENERAL PRINCIPLES

If a statute should be strictly construed, nothing should be includedwithin the scope that does not come clearly within the meaning of thelanguage used.

But the rule of strict construction is not applicable where the meaning ofthe statute is certain and unambiguous , for under these circumstances,there is no need for construction.

On the other hand, there are many statutes which will be liberallyconstrued. The meaning of the statute may be extended to matters which

come within the spirit or reason of the law or within the evils which thelaw seeks to suppress or correct.

Liberal interpretation or construction of the law or rules, however,applies only in proper cases and under justifiable causes andcircumstances. While it is true that litigation is not a game oftechnicalities, it is equally true that every case must be prosecuted inaccordance with the prescribed procedure to insure an orderly andspeedy administration of justice.

PENAL STATUTES

Penal laws are to be construed strictly against the state and in favor of

the accused. Hence, in the interpretation of a penal statute, thetendency is to subject it to careful scrutiny and to construe it with suchstrictness as to safeguard the right of the accused.


23/33

If the statute is ambiguous and admits of two reasonable butcontradictory constructions, that which operates in favor of a partyaccused under its provisions is to be preferred.

TAX LAWS

Taxation is a destructive power which interferes with the personal andproperty rights of the people and takes from them a portion of theirproperty for the support of the government.

Accordingly, in case of doubt, tax statutes must be construed strictlyagainst the government and liberally in favor of the taxpayer, for taxes,being burdens, are not to be presumed beyond what the applicablestatute expressly and clearly declares.

Any claim for exemption from a tax statute is strictly construed againstthe taxpayer and liberally in favor of the state.

NATURALIZATION LAW

Naturalization laws should be rigidly enforced and strictly construed infavor of the government and against the applicant.

INSURANCE LAW

Contracts of Insurance are to be construed liberally in favor of theinsured and strictly against the insurer. Thus, ambiguity in the words ofan insurance contract should be interpreted in favor of its beneficiary.

LABOR AND SOCIAL LEGISLATIONS

Doubts in the interpretation of Workmens Compensation and LaborCode should be resolved in favor of the worker. It should be liberallyconstrued to attain their laudable objective, i.e., to give relief to theworkman and/or his dependents in the event that the former should dieor sustain in an injury.


24/33

The sympathy of the law on social security is towards its beneficiariesand the law by its own terms, requires a construction of utmost liberalityin their favor.

RETIREMENT LAWS

Retirement laws are liberally interpreted in favor of the retiree becausethe intention is to provide for the retirees sustenance and comfort, whenhe is no longer capable of earning his livelihood.

ELECTION RULES

Statute providing for election contests are to be liberally construed to theend that the will of the people in the choice of public officer may not bedefeated by mere technical objections.

RULES OF COURT

Rule of court shall be liberally construed in order to promote theirobjective of securing a just, speedy and inexpensive disposition of everyaction and proceeding.


25/33

CHAPTER IXPROSPECTIVE AND RETROSPECTIVE STATUTES

GENERAL PRINCIPLES

Prospective statute is a statute which operates upon acts andtransactions which have not occurred when the statute takes effect, thatis, which regulates the future.

Retrospective or retroactive law is one which takes away or impairsvested rights acquired under existing laws, or creates new obligationsand imposes new duties, or attaches new disabilities in respect oftransaction already past.

A sound canon of statutory construction is that statutes operateprospectively only and never retrospectively, unless the legislative intentto the contrary is made manifest either by the express terms of thestatute or by necessary implication.

The Civil Code of the Philippines follows the above rule thus: Laws shallhave no retroactive effect, unless the contrary is provided.

Retroactive legislation is looked upon with disfavor, as a general rule andproperly so because of its tendency to be unjust and oppressive.

PENAL STATUTES

Penal statutes as a rule are applied prospectively. Felonies andmisdemeanors are punished under the laws in force at the time of theircommission. (Art. 366, RPC).

However, as an exception, it can be given retroactive effect if it isfavorable to the accused who is not a habitual criminal. (Art. 22, RPC).


26/33

PROCEDURAL LAWS ARE RETROSPECTIVE

Statutes regulating the procedure of the Court will be construed asapplicable to actions pending and undermined at the time of theirpassage. However, Rules of Procedure should not be given retroactiveeffect if it would result in great injustice and impair substantive right.

Procedural provisions of the Local Government Code are retrospective.

CURATIVE STATUTES

They are those which undertake to cure errors and irregularities andadministrative proceedings, and which are designed to give effect tocontracts and other transactions between private parties which otherwisewould fail of producing their intended consequences by reason of somestatutory disability or failure to comply with some technical requirement.

They are therefore retroactive in their character.


27/33

CHAPTER XCONFLICTING STATUTES

EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE

It may happen that in a statute, conflicting clauses and provisions mayarise. If such situation may occur, the statute must be construed as awhole.

STATUTES IN PARI MATERIA

Statutes that relate to the same subject matter, or to the same class ofpersons or things, or have the same purpose or object.

Statutes in pari materia are to be construed together; each legislative actis to be interpreted with reference to other acts relating to the samematter or subject.

However, if statutes of equal theoritical application to a particular casecannot be reconciled, the statute of later date must prevail being a laterexpression of legislative will.

GENERAL AND SPECIAL STATUTES

Sometimes we find statutes treating a subject in general terms andanother treating a part of the same subject in particularly detailedmanner.

If both statutes are irreconcilable, the general statute must give way tothe special or particular provisions as an exception to the generalprovisions.


28/33

This is so even if the general statute is later enactment of the legislatureand broad enough to include the cases in special law unless there ismanifest intent to repeal or alter the special law.

STATUTE AND ORDINANCE

If there is conflict an ordinance and a statute, the ordinance must giveway.

It is a well-settled rule that a substantive law cannot be amended by aprocedural law.

A general law cannot repeal a special law.

In case of conflict between a general provision of a special law and aparticular provision of a general law, the latter will prevail.

When there is irreconcilable repugnancy between a proviso and the bodyof a statute, the former prevails as latest expression of legislative intent.

The enactment of a later legislation which is general law cannot beconstrued to have repealed a special law.

A statute is superior to an administrative circular, thus the later cannotrepeal or amend it.

Where the instrument is susceptible of two interpretations, one whichwill make it invalid and illegal and another which will make it valid andlegal, the latter interpretation should be adopted.

In case of conflict between an administrative order and the provisions ofthe Constitutions, the latter prevails.


29/33

CHAPTER XICONSTRUCTION AND INTERPRETATION OF THECONSTITUTION

A constitution is a system of fundamental law for the governance andadministration of a nation. It is supreme, imperious, absolute, andunalterable except by the authority from which it emanates.

Under the doctrine of constitutional supremacy, if a law or contractviolates any norm of the constitution, that law or contract whetherpromulgated by the legislative, or by the executive branch or entered intoby private persons for private purposes is null and void and without anyforce or effect.

ALL PROVISIONS OF THE CONSTITUTION ARE SELFEXECUTING;EXCEPTIONS

Some constitutions are merely declarations of policies. Their provisionscommand the legislature to enact laws and carry out the purposes of theframers who merely establish an outline of government providing for thedifferent departments of the governmental machinery and securingcertain fundamental and inalienable rights of citizens.

Thus a constitutional provision is self-executing if the nature and extentof the right conferred and the liability imposed are fixed by theconstitution itself.

Unless it is expressly provided that a legislative act is necessary toenforce a constitutional mandate, the presumption now is that allprovisions of the constitution are self-executing.


30/33

In case of doubt, the Constitution should be considered self-executingrather than non-self-executing, unless the contrary is clearly intended.

Non-self-executing provisions would give the legislature discretion todetermine when, or whether, they shall be effective, subordinated to thewill of the law-making body.

PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICTINTERPRETATION

Guidelines in construction and interpretation of the constitution arestressed:

1.The Court in construing a Constitution should bear in mind theobject sought to be accomplished by its adoption, and the evils, if any,sought to be prevented or remedied.2.One provision of the Constitution is to be separated from all theothers, to be considered alone, but that all provisions bearing upon aparticular subject are to be brought into view and to be interpreted asto effectuate the great purposes of the instrument.3.

The proper interpretation of the Constitution depends more on how itwas understood by the people adopting it than the framersunderstanding thereof.THE CONSTITUTIONAL PROVISION ON NATURAL-BORNCITIZENS OF THE PHILIPPINES GIVEN RETROACTIVEEFFECT

Under THE 1973 Constitution, those born of Filipino fathers and thoseborn of Filipino mothers with an alien father were placed on equalfooting. They were both considered as natural-born citizens.

The constitutional provision is curative in nature.

THE CONSTITUTION MUST BE CONSTRUED IN ITSENTIRETY AS ONE, SINGLE DOCUMENT


31/33

LIBERAL CONSTRUCTION OF ONE TITLE OF ONESUBJECT

A liberal construction of the one title-one subject rule has beeninvariably adopted by the court so as not to cripple or impede legislation.

The title expresses the general subject and all the provisions are germaneto the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE 1987CONSTITUION IS NOT GOVERNED BY ANY FORMALREQUIREMENT AS TO FORM. IT CAN BE ORAL. IT CANBE WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED.

SPECIAL PROVISION PREVAILS OVER A GENERAL ONE

Lex specialis derogant generali

SUPREMA LEX

It is time-honored that the Constitution is the Supreme Law of the land.It is the law of all laws. Hence, if there is conflict between a statute andthe Constitution, the statute shall yield to the Constitution.

STARE DECISIS

The rule of precedents.

Judicial decisions applying or interpreting the laws or the Constitutionshall form part of the legal system of the Philippines.

CONCLUSION

The fundamental principle of constituitonal construction is to give effectto the intent of the framers of the organic law and of the people adoptingit.


32/33

CHAPTER XIIRECENT CASES ON STATUTORY CONSTRUCTION

The term may is indicative of a mere possibility, anopportunity or an option.An implied repeal is predicated on a substantial conflictbetween the new and prior laws.The abrogation or repeal of a law cannot be assumed;the intention to revoke must be clear and manifest.When the law speaks in clear and categorical language,there is no occasion for interpretation.Penal laws must be construed strictly. Such rule isfounded on the tenderness of the law for the rights ofindividuals and on the plain principle that the power ofpunishment is vested in the Congress, not in theJudicial department.Where a requirement is made explicit and unambiguous

terms, no discretion is left to the judiciary. It must seeto it that the mandate is obeyed.Statutes that are remedial, or that do not create new ortake away vested rights, do not fall


33/33

Date post:	03-Apr-2018
Category:	Documents
Upload:	angel-mei
View:	216 times
Download:	0 times

Statutory Construction there is a need to study this subject

Documents