ARELLANO UNIVERSITY SCHOOL OF LAW Statutory Construction
1st Term 2009-2010 200 9-2010 REVIEWER: I. Statutes, in general A. Definitions and Distinctions 1. What is a statute? - anact of the legislature commanding or prohibiting something; a particular law enacted and established by the will of the legislative department of government; the written will of the legislature, solemnly expressed expressed according to the forms necessary to constitute it the law of the state.
2. What is a law? - law means a rule of conduct formulated and made obligatory by legitimate power of the state.
3. What is Construction? - rootword is "construe" - the drawing of conclusions with respect to subjects that are beyond the direct expression of the text from elements known and given in the text.
4. What is Interpretation? - the process of discovering the true meaning of the language used. 5. What is Statutory Construction? - is the art or process of discovering and expounding the meaning and the intention of the authors of the law with respect to its application in a given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law.
Definition of Statutory Construction case 1: Caltex v. Palomar (GR L-19650, 29 September 1966) B. Parts of a Statute 1) Title - The part which announces the subject of the bill. The purpose of a title is to give a general statement of and to call attention to the subject matter of the act. It may also be used for identification. identification. The title is used as a guide to ascertain the legislative will when the language of the act does not clearly express its purpose 2) Preamble - It is the part which follows the title and precedes the enacting clause. The preamble explains the reasons for the enactment and the ob jects sought to be attained thereby. thereby. A preamble neither creates nor grants any right, nor is it the source of any government power. 3) Enacting Clause - It is the part of the bill immediately preceding the body of the statue and which identifies the bill as an act of legislation. 4) Body - It is the principal portion of the bill embodying the substance of the right or remedy provided for. 5) Effectivity Date - It is that portion which provides for the time when the law shall take effect
C. Enactment of a Statute (How does a bill become a law?) - No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three (3) days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. - Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, thereafter, and the yeas and nays entered in the Journal. - Every bill passed by the Congress shall, before it becomes a law, be presented to the President. - If he approves the 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 enter the objections at large in its Journal and proceed to reconsider it. - If, after such reconsideration, two-thirds (2/3) of all the Members of such House shall agree to pass the bill, it shall be sent together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds (2/3) of all the Members of that House, it shall become a law. law. - In all such cases, the votes of each House shall be determined by yeas and nays, and the names of the Members voting for or against shall be entered in its Journal. - The President shall communicate his veto of any bill to the House where it originated within thirty (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.
D. Presidential Issuances - Presidential issuances are those which the President issues in the exercise of his ordinance power. They include executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders. These issuances have the force and effect of laws. - Generally, rules and regulations issued by administrative or executive officers are of two (2) types, namely: > those whose purpose is to enforce or implement existing existing law pursuant to a valid delegation or to fill in the details of a statute (i.e. requires publication for its effectivity) > those which are merely interpretative interpretative in nature or merely internal in character not concerning the public (i.e. does not require not require publication for its effectivity)
E. Effect and Operation F. Types/Kinds of Statutes As to Scope of Application: - GENERAL - One which affects all of the people of the State or all persons or things of a particular class - SPECIAL- One which relates either to particular persons or things of a class or which operates on a portion of a class instead of all the classes. - LOCAL - One which operates over a particular locality instead of over the whole territory of the State As to Interested Parties: - PUBLIC - One which concerns the interest of the public at large - PRIVATE - One which relates to, concerns and affects particular individuals As to Effect (In Time): - PROSPECTIVE - One which anticipates the regulation of future conduct - RETROSPECTIVE - One that affects acts already committed and operates on transactions completed As to Purpose: - REMEDIAL - Statutes which afford a remedy, remedy, or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries - PENAL - Those which impose a punishment for the violation of its provisions - CURATIVE - Those which are enacted to cure defects in a prior law
As to Coercive Force Applied: - MANDATORY - A statute is mandatory if non-compliance therewith renders the proceedings to which it relates null and void. - DIRECTORY - A statute statute or any of its provisions is directory if non-compliance therewith does not invalidate the proceedings to which it relates. As to Period of Effectivity: - PERMANENT - One whose operation or activity is not limited to some particular term or period, but continues in force until repealed or amended. - TEMPORARY - One whose operation or effectivity is limited to a fixed period or term. It continues in force up to the expiration of said period or term, unless earlier repealed or amended. As to Stage of Enactment: - ORIGINAL - One which purports to be independent of existing statutory provision. - AMENDATORY - One which expressly adds to or supplements, or works out an improvement in the original law. - REPEALING - One which revokes or terminates another statute. - ADOPTED - Those which are adopted wholly or in part by another state. - RE-ENACTED - These are pre-existing statues which are passed by the legislature which originally enacted them in the same terms or in substantially the same language and for the same purpose and object as the original statute.
II. Statutory Construction, in general A. When does statutory construction come in? - "The first and fundamental duty of courts, in our judgment, is to apply the law. Construction Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them."
case 2: National 2: National Federation of Labor (NFL) v. Eisma (GR L-61236, 31 January 1984) case 3: Paat 3: Paat v. CA (GR 111107, 10 January 1997) case 4: People 4: People v. Mapa (GR L-22301, 30 August 1967) case 5: Daoang 5: Daoang v. Municipal Judge of San Nicolas (GR L-34568, 28 March 1988) case 6: Paras 6: Paras v. Comelec (GR 123169, 4 November 1996) B. Statutory Construction vs. Judicial Legislation Statutory Construction, whose job is it? - "To declare what the law shall be is a legislative power, but to declare what the law is or has been, is judicial."
case 7: Floresca v. Philex Mining (GR L-30642, 30 April 1985) case 8: Republic 8: Republic v. CA and Molina (GR 108763, 13 February 1997) C. Legislative Intent, how ascertained How must Legislative Intent be ascertained? - Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a
harmonious whole. A statute must be construed so as to harmonize and give effect to all its provisions wherever possible.
case 9: Aisporna 9: Aisporna v. CA (GR L-39419, 12 April 1982) China Bank v. Ortega (GR L-34964, 31 January 1973) Board of Administrators of the PVA PVA v. Bautista (GR L-37867, 22 Feb. 1982) D. Power to Construe - The duty and power to interpret or construe a statute or the Constitution belong to the judiciary. judiciary. It is the duty of the legislature to make the law; of the executive to execute the law; and of the judiciary to construe the law. - While the legislature may indicate its construction of a statute in the form of a resolution or declaratory act, it cannot preclude the courts from giving the statute a different interpretation.
E. Limitations on the Power to Construe - The courts may not enlarge nor restrict statutes. - Courts not to be influenced by questions of wisdom.
III. Aids in Construction A. Intrinsic Aids B. Extrinsic Aids case 10: Roman 10: Roman Catholic Archbishop of Manila v. SSC (GR L-15045, 20 Jan. 1961) - To To ascertain the true intent of the statute, the court may avail of intrinsic aids, or those found in the printed page of the statute, and extrinsic aids, those extraneous facts and circumstances outside the printed page. > Title - It may indicate the legislative extent or restrict the scope of law > Preamble - It may, when the statute is ambiguous, be resorted to clarify the ambiguity, as a key to open the minds of the lawmakers as to the purpose of the statute. text - best source from which to ascertaun the legislative intent is the statute itself > Context of the whole text > Legislative History - Where a statute is susceptible to several interpretations, there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute. The history of a statute refers to all its antecedents from its inception until its enactment into law. > Legislative debates, views and deliberations - Where there is doubt as to what a provision of a statute means, that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted. > Reports of the Commission - In construing the provisions of the code as thus enacted, courts may properly refer to the reports of the commission that drafted the code in aid of clarifiying ambiguities therein. > Prior laws from which the statute is based - Legislative history will clarify the intent of the law or shed light on the meaning and scope of the codified or revised statute. > Change in phraseology - Courts may investigate the history of the provisions to ascertain legislative intent as to the meaning and scope of the amended law. > History of the times - The history of the times out of which the law grew and to which it may be rationally supposed to bear some direct relationship.
C. Contemporary Construction case 11: David 11: David vs. Comelec, 271 SCRA 90 IV. IV. Interpretation Interpretatio n of Statutes Stat utes
A. Literal Construction Statutes are to be interpreted in their ordinary, ordinary, commonly accepted usage. When the language of the law is clear and unequivocal, the law must be taken to mean exactly what it says. When statutory norm speak s unequivocally, unequivocally, there is nothing for the Courts to do but apply it.
case 12: Salvatierra 12: Salvatierra v. CA (GR 107797, 26 August 1996) Kapisanan ng mga Manggagawa Man ggagawa v. Manila Railroad Railroad Company (GR L-25316, 28 February 1979) a. Departure from Literal Interpretation when literal interpretation not favored - the rules of Court are procedural in nature while the Civil Code is substantive - thespirit, rather than the letter, of a law determines its construction; hence, a statute must be read according to its spirit and intent.
case 13: Abellana 13: Abellana v. Marave (GR L-27760) Paras vs. Comelec, 264 SCRA 49, supra b. Implications
B. Executive Construction basic rule on Executive Construction - thecontemporaneous construction of a statute by the executive officers of the government whose duty is to execute it, is entitled to great respect, and should ordinarily control the construction of the statute by the courts.
case 14: PAFLU 14: PAFLU v. Bureau of Labor Relations (GR L-43760 21 Aug 76) when Executive Construction is not given weight - while it is true that contemporaneous construction placed upon a statute by executive officers must be given great weight, if such construction is clearly erroneous, it must be declared null and void.
case 15: Philippine 15: Philippine Apparel WU v. NLRC (GR L-50320 31 July 81) IBAA Employees Union v. Inciong (GR L52415, 23 October 1984) Chartered Bank Employees Association v. Ople (GR L-44717, 28 Aug 85) C. Rule vs. Opinion What is the difference between a rule and an opinion rule- when an administrative agency promulgates rules and regulations, it makes a new law with the force and effect of a valid law. opinion- gives a statement of policy and merely interprets a pre-existing law. law.
case 16: Victorias Milling v. SSC (GR L-16704, 17 March 1962) D. Strict Construction
E. Liberal Construction
V. Subjects of Construction The Constitution - it is the written instrument agreed upon by the people...as the absolute rule of action and decision for all departments and officers of the government, and in opposition to which any act or rule of any department or officer of the government, or even of the people themselves, will be altogether void.
How should the constitution be construed - the Constitution should be strictly construed so as to give effect to the whole instrument, and to every section and clause. If different portions seem to conflict, the Courts must harmonize them, if practicable, and must lean in favor of a construction which will render every word operative, rather than one which may make some words idle and nugatory.
case 17: Sarmiento 17: Sarmiento v. Mison (GR 79974, 17 December 1987) Perfecto v. Meer (GR L-2348, 27 February 1950) Endencia v. David (GR L-6355-56, 31 August 1953) case 18: Nitafan 18: Nitafan v. CIR (GR L-78780, 23 July 1987) May the preamble be referred to in the construction of Constitutional Provisions? - yes, the preamble may be referred to in the construction of constitutional provisions. When the Filipino people, in the Preamble of their Constitution, implored implored “the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure for themselves and their posterity the blessings of independence under a regime of justice, liberty and democracy,” democracy,” they thereby manifested their intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men and nations.
case 19: Aglipay 19: Aglipay v. Ruiz (GR 45459, 13 March 1937) Are the provisions of the Constitution self-executing? - Constitutional provision is self executing if the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the subject is referred to the legislature for action.
case 20: Manila 20: Manila Prince Hotel v. GSIS (GR 122156, 3 February 1997) Statute - anact of the legislature commanding or prohibiting something; a particular law enacted and established by the will of the legislative department of government; the written will of the legislature, solemnly expressed expressed according to the forms necessary to constitute it the law of the state.
Requirements for the publication of laws - laws shall take effect after 15 days following the completion of their publication in the Official Gazette unless it is otherwise provided. - when the law is silent as to the effectivity date, publication in the Official Gazette is necessary for determining the date of effectivity
case 21: Tanada v. Tuvera (GR L-63915, 24 April 1985) case 22: Tanada v. Tuvera (GR L-63915, 29 December 1986)
Ordinances act passed by a municipal council, in the exercise of its law-making authority; in a more - an act passed limited sense, the term is used to designate the enactment of the legislative body of a municipal corporation.
Rule on Construction of ordinances vis-a-vis Statute - It is a fundamental principle that municipal ordinances are inferior in status and subordinate to the laws of the State; the ordinance must give way. way.
23: Primicias v. Urdaneta (GR L-26702, 18 October 1979) case 23: Primicias
VI. Interpretation of specific types of statutes Tax Laws - As a general rule: inasmuch as revenue laws impose special burden upon taxpayers, the same should be strictly construed against the government and in favor of the taxpayer, if the intent or meaning of the tax statute is doubtful.
How are tax refunds construed? - are strictly construed against the taxpayer and liberally in favor of the taxing authority.
case 24: La 24: La Carlota Sugar Central v. Jimenez (GR L-12436, 31 May 1961) Who has the burden of proof in tax cases? - theburden of proof in tax cases belongs belongs to the taxpayer. taxpayer.
CIR v. CA (GR 115349, 18 April 1997) case 25: Mactan Cebu (MCIAA) v. Marcos (GR 120082, 11 Sept 1996) Tax Sales construed - are strictly construed against the taxpayer.
case 26: Serfino 26: Serfino v. CA (GR L-40858, 15 September 1987) Labor Laws Rule on the construction of labor laws - the rule on construction of labor laws shall be resolved in favor of Labor.
Manahan v. ECC (GR L-44899, 22 April 1981)
Villavert v. ECC (GR L-48605, 14 December 1981) case 27: Del 27: Del Rosario & Sons v. NLRC (GR L-64204, 31 May 1985) Insurance Rule in the interpretation of insurance provisions - in case there is no doubt as to the terms of an insurance contract, the provisions must be construed in their plain, ordinary and popular sense. - where the terms of the policy are ambiguous, uncertain and doubtful, they should be interpreted strictly and most strongly against the insurer, and liberallyin favor of the insured.
Ty v. First National Surety (GR L-16138, L-1613 8, 29 April 1961) 1961 ) case 28: De 28: De la Cruz v. Capital Insurance (GR L-21574, 30 June 1966) Ambiguous provision interpreted against insurer - where the terms of the policy are ambiguous, uncertain and doubtful, they should be interpreted strictly and most strongly against the insurer, and liberallyin favor of the insured.
case 29: Qua Chee Gan v. Law Union and Rock Insurance (GR L-4611, 17 December 1955) Corporate Law Rule on the interpretation of Corporate Law provisions? - must be given a reasonable, not an unduly harsh, liberal interpretation which does not hamper the development of trade relations and which foster friendship and commercial intercourse among countries.
case 30: Home 30: Home Insurance v. Eastern Shipping Lines (GR L-34382, 20 July 1983) Naturalization Laws Rule on the construction of Naturalization Laws - should be rigidly enforced and strictly construed in favor of the government and against the applicant.
case 31: Co v. Republic (GR L-12150, 26 May 1960) Lee Cho (@ Sem Lee) v. Republic (GR L-12408, 28 Dec. 1959)
Agrarian Reform Laws Rule on the construction of Agrarian Reform Laws - construed liberally in favor of the farmers.
case 32: Guerrero v. CA (GR L-44570, 30 May 1986)
Rules of Court Rule on the construction of the provisions of the Rules of Court - shall be liberally construed in order to avoid injustice, discrimination and unfairness.
case 33: Bello 33: Bello v. CA (GR L-38161, 29 March 1974) Expropriation Laws - strictly construed against the one exercising the expropriation.
case 34: City of Manila v. Chinese Community of Manila (GR 14355, 31 Oct.1919) Election Laws - liberallyconstrued in favor of the will of the people.
case 35: Villanueva v. Comelec (GR L-54718, 4 December 1985) Wills Rule on the interpretation of wills - strictly construed according to the formalities to be observed in the execution.
case 36: In 36: In RE: Tampoy (GR L-14322, 25 February 1960)
VII. Construction of Words and Phrases A.
“May” and “Shall” May
-permissive -confers discretion -connotes possibility, not certainty
Shall -imperative -mandatory -imposes a duty, which may be enforced
case 37: Capati v. Ocampo, GR L-28742, April 30, 1982) B. C.
“Of” and “May” “And” and “Or” Or
-disjunctive -indicates alternative
And -conjunctive -various members are taken jointly
case 38: GMCR vs. Bell Telecommunications, 271 SCRA 790 D.
“Principally” and “Exclusively”
Principally
Exclusively
-synonymous to primarily -indicates choice
-solely
case 39: Alfon 39: Alfon v. Republic (GR L-51201, 29 May 1980) E.
“Previously” and “Simultaneously” Previously
Simultaneously
-refers to the subject matter it modifies
-concurrence of events and elements
case 40: Rura 40: Rura v. Lopena (GR L-69810-14, 19 June 1985) F.
“Every”, “Each” and “Particularly” Every
Each
- generally regarded as inclusive
-refers to a unit
Particularly -specifically
case 41: NHA 41: NHA vs Juco, 134 SCRA 172 (1985) G.
“Term” “Term” and “Tenure” “Tenure” Term
-period of an office or position
Tenure -security of an office or employment
case 42: Aparri 42: Aparri vs Court of Appeals, 127 SCRA 231 (1984) H.
“Surplusages” Surplasages – – –
no has haste te in in trea treati ting ng som somee word wordss as suc such h if can admit admit of of some reasonable reasonable constructi construction on that that will will provide provide some some force force of meanin meaning, g, then then don’t ignore such words ignore when words have no meaning meaning in harmony harmony with with the legislati legislative ve intent intent
case 43: Demafiles 43: Demafiles vs. Comelec, GR L-28396, 29 December 1987 I.
Punctuations Punctuations – –
not not a deci decisi sive ve or or cont contro roll lling ing elem elemen entt constructi construction on should should be based based on on something something more substa substantial ntial than mere mere punctua punctuation tion
case 44: Arabay 44: Arabay vs CFI of Zamboanga del Norte, 66 SCRA 617 case 45: US vs Hart, 26 Phil 149 J.
Associated Words Associated Words – –
aside aside from from the the legal legal inte intent, nt, take take the the statu statutes tes as as a whole whole relate relate words words that that are associ associate ated d with with each each other other
K.
Provisos, Exceptions and Saving Clauses Provisos –
A clause clause in a documen documentt making making a qualifi qualificatio cation, n, conditio condition, n, or restric restriction tion
Exceptions –
no need need to obse observ rvee the the gene genera rall rul rulee
Saving Clause –
tries tries to save save the the rest rest of the laws laws if if a portio portion n is declar declared ed unconst unconstitut itutional ional
VIII. Particular Latin Phrases A.
Uti Loquitur Vulgus - use words in their popular sense or ordinary meaning. -statutes are presumed to use words in their popular sense
B.
Verba Legis - from the words of the statute. -from words of the statute, there should be no departure case 46: Victoria vs. COMELEC, (GR No. 109005, January 10, 1994)
C.
Ratio Legis- the reason of the law. -the reason of the law is the soul of the law
case 47: Commissioner of Internal Revenue vs. Seagate Technology, (GR No. 153866, Feb. 11, 2005) D.
Mens Legislatoris - reasonable or liberal constuction that will best serve the purpose rather than defeat of the law
case 48: Matabuena 48: Matabuena v. Cervantes (GR L-28771, March 31,1971) E.
Dura Lex Sed Lex- the law may be harsh, but that is the law. -the law may be harsh but it is the law
case 49: People 49: People v. Santayana (GR L-22291, November 15, 1976) F.
Expressio Unius Est Exclusio Alterius - the mention of one thing implies the exclusion of another thing not mentioned. -the express inclusion of one implies the exclusion of another
case 50: Rubio, 50: Rubio, Jr. vs. Paras (GR No. 156047, April 12, 2005) G.
Ejusdem Generis- of the same nature or kind. -when specific words preceding the general expression are of the same nature, the general terms will be construed to be of the same class/nature
case 51: Mutuc 51: Mutuc v. Comelec (GR L-32717, November 26, 1970) H.
Cassus Omissus- a person, object or thing omitted -a person or thing omitted must have been omitted intentionally -may be prohibitive or permissive
case 52: People 52: People v. Manantan (GR L-14129, July 31, 1962) case 53: Lopez 53: Lopez v. CTA (GR L-9274, February 1, 1957) I.
Noscitur A Sociis -the meaning of particular terms may be ascertained by reference to words associated with or related to them in statute
case 54: Sanciangco 54: Sanciangco v. Rono (GR L-68709, July 19, 1985) IX. Statute Construed as a Whole and in Relation to Other Statutes -take it as a whole and in relation to other laws
case 55: Lozano 55: Lozano vs. Yorac (GR Nos. 94521 &4626, October 28, 1991) X. Special over general What is the rule regarding conflicting provisions of the same statute? -special prevails over general
case 56: Manila 56: Manila Railroad Co. v.Collector of Customs (GR 30264, 12 March 1929) case 57: Almeda 57: Almeda vs. Florentino, 15 SCRA 514 What is the rule regarding conflicting provisions of different statutes? -special prevails over general
case 58: Laxamana 58: Laxamana v. Baltazar (GR L-5955, 19 September 1952) case 59: Butuan 59: Butuan Sawmill v. City of Butuan (GR L-21516, 29 April 1966) case 60: Arayata vs. Joya, 51 PHIL 654 What is the rule in case of conflict between a special provision of a general law and a general provision of a special law? -special provision of a general law prevails over a general provision of a special law
case 61: City of Manila vs. Teotico, 2 SCRA 267 case 62: David vs. Comelec, 271 SCRA 90 XI. Mandatory and Directory Statutes -Mandatory uses shall and has penalties
XII. Prospective and Retroactive Statutes -General rule: All laws are applied prospectively. prospectively. It can only be applied retroactively if favourable to the accused
XIII. Amendment, Revision, Codification and Repeal Amendment
Revision
- alteration in an existing law leaving some parts of the original in effect
-substantial alteration of a law ex. Revised Penal Code
Codification -unification of like laws
Repeal - annulling of a previously existing law by enacting of a subsequent statute that evokes the forms expressly or impliedly
because of irreconcilable provisions
case 63: Tac-an vs. CA, 137 SCRA 803 case 64: Villegas v. Subido (GR L-31711, 30 September 1987) XIV. XIV. Practical Applications Applicati ons
