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Statutory Construction
Justin Sucgang
STATUTES
Introduction
Law - a rule of conduct formulated and made obligatory by legitimate power of the state.
Statute - an act of the legislature, as an organized body, expressed in the form, and passed according to the procedure required to constitute it as part of the law of the land.^1
Classification: According to scope :
- Public - affects the public at large or the whole community a. General - applies to the whole state and operates upon all people or all class; does not omit any subject or place b. Special - relates to a particular persons or things or class or to a particular community c. Local - confined to a specific place or community
- Private - applies to a specific person or subject According to duration :
- Permanent - operation is not limited in duration but continues until repealed
- Temporary - duration is for a limited period; ceases upon the happening of an event for which it was passed
Other classifications: According to application :
- Prospective
- Retroactive According to operation :
- Declaratory
(^1) Presidential Decrees during martial law (Marcos) and Executive Orders during the revolutionary government (Aquino) are also considered statutes since they were passed by the president in the exercise of his legislative powers.
- Curative
- Mandatory
- Directory
- Substantive
- Remedial
- Penal According to form :
- Affirmative
- Negative
Manner of referring:^2
- Public Act - passed by Philippine Commission and Philippine Legislature (1901-1935)
- Commonwealth Act - passed during the Commonwealth (1936-1946)
- Republic Act - passed by Congress of the Philippines (1946-1972;1987-present)
- Batas Pambansa - passed by Batasang Pambansa
Enacting statutes
Legislative power - authority to make laws, and to alter and repeal them
*This is held by the people, in their original, sovereign and unlimited power. But they have vested it in the Congress of the Philippines.^3
Procedures in passing a law: *Apart from the provisions in the Constitution (Sec. 26 Par. 2, Art. VI)^4 , each house has its own
(^2) Statutes are serially numbered and has a name (^3) Section 1 (Const). The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (^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 thereof in its final form have been distributed to its Members three 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
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detailed procedures embodied in their Rules (Sec. 16 Par. 3, Art. VI)^5.
- A bill is introduced by any member of the Congress, signed by the authors and filed with the Secretary of the house. May introduce in either house except appropriation, revenue or tariff bills, bills authorizing increase of public debts, bills of local applications, and private bills (Sec. 24 Art. VI).^6
- First reading - Secretary reports the bill for first reading: - Reading the title and number of bill - Referral to appropriate committee for study and recommendation - Committee may hold public hearings and submit its report and recommendation for Calendar for second reading
- Second reading - bill shall be read in full with the proposed amendments by the committee - Subject to debates, pertinent motions and amendments - After these, bill shall be voted upon
- Third reading - final vote by yeas and nay^7
*After a house has approved their own version, it will be transmitted to the other house, which will follow the same procedures. If without amendments, the bill is passed by Congress and is submitted to the President. If there are
shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. x x x
(^5) x x x (3) Each House may determine the rules of its proceedings, x x x
(^6) All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.
(^7) If there is a presidential certification, the requirement of three readings on separate days, and printed copies in final form may be dispensed with (Tolentino v. Secretary of Finance).
amendments, there will be a Conference Committee
- Conference Committee - this is where the differences will be settled. The amendments introduced in this level will have to be approved by both Houses for passage.^8
- Approval and authentication - signing of the Senate President and the House Speaker and their respective secretaries (Enrolled Bill)
- Submission to the President:^9 A bill is passed in three ways:
- When the president signs it
- When the president does not sign nor communicate his veto of the bill within 30 days after his receipt
- When the vetoed bill is repassed by Congress by two-thirds vote of all its members, voting separately.
Enrolled bill - the bill as passed by Congress, authenticated by the House Speaker and Senate President and approved by the President Rule: The text of the act as passed and approved is deemed importing absolute verity and is binding on the courts. If there has been any mistake in the printing
(^8) There are instances where the version of the conference committee is entirely different from those of the two Houses- for it may deal generally with the subject matter or precisely to the differences, or even introduce a new provision. However, this is still valid for the powers of said committee are broad. That is why some political scientists call this the Third House (Philippine Judges Association v. Prado). (^9) Section 27. (1) 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 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 of all the Members of that House, it shall become a law. In all such cases, the votes of each 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 President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.
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- Legislature seldom puts this because the reason for the law is contained in its explanatory note
- Enacting Clause
- Part written immediately after the title
- States the authority by which the act is enacted
- Contains the phrases, “Be it enacted by...” or “Now, therefore, I... by virtue of the powers in me vested by the Constitution, do hereby decree...”
- Purview/Body of the Statute
- What the law is all about
- Should embrace one subject matter
- The provisions, although different and diverse, must be allied and germane to the subject and purpose of the bill
- Usually divided into sections (numbered and contains a single proposition)
- Usually includes a short title, policy, definition, administrative sections, sections prescribing standards of conduct, imposing sanctions for violations of its provisions, transitory provisions
- Separability Clause
- States that if any provision is declared invalid, the remainder shall not be affected Presumption: Legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part of it is invalid. Exception: Where provisions cannot stand alone as to those left, after the void part, is not complete and workable
- Repealing Clause
- Effectivity Clause
- When the law takes effect
- Usually 15 days from the publication in the Official Gazette^16 or in a newspaper of general circulation^17
Kinds of statutes
- Legislative acts
- Presidential issuances - those which the president issued in the exercise of his ordinance power (Chapter 2, Book III, AC) a. Sec. 2. Executive Orders. - Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. b. Sec. 3. Administrative Orders. - Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. c. Sec. 4. Proclamations. - Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. d. Sec. 5. Memorandum Orders. - Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a
(^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 publication. (^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
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particular officer or office of the Government shall be embodied in memorandum orders. e. Sec. 6. Memorandum Circulars. - Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars. f. Sec. 7. General or Special Orders .- Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.
- Administrative rules and regulations - issued by administrative or executive offices in accordance with, and as authorized by, law have the force and effect of law or partake the nature of the statute Requirement for validity:
- Provisions should be germane to the objects and purpose of the law.
- Not in contradiction with, but conform to, the standards that the law prescribes
- They be for the sole purpose of carrying into effect the general provisions of the law
*The rule-making power of a public administrative agency is a delegated legislative power. It may not use its power to bridge the authority to enlarge its power beyond the scope intended.
*The law passed by the legislature should be: (1) complete in itself, and (2) should fix a standard, in order for an administrative agency to fill in the details
in the execution, enforcement and administration of said law.
- Administrative rule - promulgating a new law with force and effect of a valid law.
- Administrative interpretations - rendering an opinion or giving a statement of policy
*The rules are binding upon the Courts, but the interpretation is not.
- Supreme Court rule-making power - the Constitution granted the Supreme Court to promulgate its own rules (Sec. 5 Par. 5, Art. VIII)^18 * Usually procedural only for only the legislative department may create substantive laws.
- Local government units - power to enact ordinances^19
Requirements of validity:^20
- Not contravene the Constitution or any statute
- Not be unfair or oppressive
- Not be partial or discriminatory
- Not prohibit but may regulate trade
- General and consistent with public policy
- Not unreasonable
Barangay/Municipal/City/Provincial ordinances
(^18) x x x (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the 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 shall remain effective unless disapproved by the Supreme Court. (^19) Local Government Code of 1991
(^20) Lagcao v. Labra
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has paramount importance to the public (Chavez v. PEA and AMARI)
Raised at the earliest possible time
- Question must be raised in the pleading, complaint, information or petition by the plaintiff or petitioner or in the answer by defendant or respondent.
Exception:
- Can be raised in a motion for reconsideration if the statute sought to be invalidated was not in existence when the complaint was filed.^23
- At any stage of the proceedings in a criminal case^24
- Where the determination of the question is necessary to the decision for civil cases^25
- Where it involves jurisdiction of the court below^26
Lis mota of the case
- The Court may not pass upon the validity of a statute if it can decide the case on some other grounds
- If the only issue is the a constitutional question which is unavoidable, the Court should confront the question and decide the case on the merits
Test of constitutionality
- Must not contravene the Constitution or any statute
- Must be general and consistent with public policy
- Must not be unfair or oppressive
- Must not be partial or discriminatory
- Must not be unreasonable
- Must not prohibit but may regulate trade
Grounds for nullification
(^23) Alonso v. PNB
(^24) San Miguel Brewery v. Magno
(^25) Id
(^26) Id
- Not within the legislative power to enact
- When it allows something to be done which the fundamental law condemns or prohibits
- Vagueness- lacking comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application Basis: - Violates due process for failure to accord the people fair notice of what conduct to avoid. - Leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the government muscle
Effects of unconstitutionality General rule: An unconstitutional act is not a law, confers no right, imposes no duties, affords no protection, creates no office; in legal contemplation, inoperative as though it had never been passed.
*This is also known as the orthodox view. Not only the parties but all persons are bound by declaration of nullity; no one may invoke it nor may the courts be permitted to apply it subsequently
*The orthodox view is expressed in Art. 7 (CC).^27 However, it is not always the case that a law is constitutionally faulty per se (i.e., may be valid in its general import but invalid in its application to certain situations). A judicial declaration of nullity may not necessarily obliterate all the effects and consequences of a void act occurring prior to such declaration. A situation that is fait accompli may no longer be open for inquiry, let alone to be unsettled by a subsequent declaration of nullity of a statute.
Modern view
(^27) 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 x x x
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- The court does not annul or repeal statute if it violates Constitution; it simply refuses to recognize it and determines the rights of the parties just as if it had no existence
- The decision affects the parties only
- No judgment against the statute: opinion of the court may act as a precedent, but it does not strike out, repeal, supersede, revoke, or annul it
Exception: Invalidity Due to Change of Conditions Inapplicable to a statute that is declared invalid because of the change of circumstances affecting its validity (emergency laws). The declaration of their nullity should be applied prospectively, and affect only the parties involved in the case.
Partial Invalidity General rule: Where the part of the statute is void as repugnant to the Constitution, while another part is valid, the valid portion, if separable from the invalid, may stand and be enforced (separability clause). Reason: Legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part of it is invalid Exception: When the parts of the statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, the nullity of one part will vitiate the rest.
Effectivity of statutes
General rule: Statutes continue to be in force until changed or repealed by the legislature.
*Not changed by change of sovereignty, conquest or colonization.
- For statutes proper, usually 15 days from the publication in the Official Gazette^28 or in a newspaper of general circulation,^29 unless provided otherwise. But the ruling may seem in contradiction with the PVB Employees Union v. Vega, the phrase “unless otherwise provided” provided an exception as to the date of effectivity of a statute.
- For issuances, rules and regulations, there should be a publication^30 and filing in the the UP Law Center.^31
- For ordinances, Sec. 59 of the Local Government Code shall apply.^32
(^28) 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 publication. 29 Sec. 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 (^30) Id
(^31) Sec. 3, Book VII (AC). Filing. - (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of 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 persons. (^32) Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after 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 barangay hall, as the case may be, and in at least two (2) other conspicuous places in the local government unit concerned. (b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the 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 approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting. (c) The gist of all ordinances with penal sanctions shall be published 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
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CONSTRUCTION AND INTERPRETATION
- Art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reasons of ambiguity in its language or the fact that the given case is not explicitly provided for in the law. Basis: Because of infirmities of language and the limited scope in legislative drafting.
Interpretation - Art of finding the true meaning and sense of any form of words Construction - Drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation.^34
Purpose: Ascertaining the true intent of the legislature. Assumption: The legislature enacts a law with the end in view that it will, in cases of doubt, be construed in accordance with the settled principles of interpretation.
*Rules of statutory construction are used to ascertain legislative intent. But they are not rules of law but mere axioms of experience, hence, not binding nor controlling on the courts.
Legislative intent - is the essence of the law. It is the spirit which gives life to legislative enactment Legislative purpose - reason why a particular statute was enacted Legislative meaning - what the law, by its language means
*The primary source of legislative intent should be the statute itself.
Power to construe
- The duty and power to interpret or construe a statute or the Constitution belongs to the judiciary (Sec. 4 Par. 2, Art. VIII).
(^34) Conclusions which are in the spirit, though not within the letter of the text.
- It is the Court which has the final say as to what the law means.
Limitations: The Court can only construe an applicable law in controversies which are ripe for judicial resolution. Neither moot nor academic (purpose has become stale or where no practical relief can be granted or which can have no practical effect). Exception: If the issue is “capable of repetition yet evading review” especially where public interest requires its resolutions.^35
*The legislature has no power to overrule the interpretation made by the Court.^36
Meaning: The legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statute which has been subject of construction.
Exceptions:
- When the Supreme Court reverses itself
- By amending the Constitution
- By enacting a new statute
Endencia v. David After a judicial declaration interpreting a constitutional provision that taxing is a form of diminution of salary, Congress enacted a law to include justices and members of the judicial body in the scope of taxing power of the government. Held : Congress cannot, by law, modify an interpretation of the Constitution made by the court. Including the judicial officers to the scope of taxation is a form of interpretation of the Constitutional provision against diminution of salaries.
When to construe
(^35) 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 applied it in a decision, this would surely cause confusion.” (Endencia v. David)
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Condition sine qua non: Before the court may use its power to construe, there must be ambiguity in the language of the statute. For where there is no ambiguity, there is no room for construction, only for application.
Ambiguity - condition of admitting two or more meanings, of being understood in more than one way, or of referring to two or more things at the same time. *susceptibility to more than one interpretation
More application, less construction
- The first and fundamental duty of the court is to apply the law.
- Construction comes only after there has been a showing of ambiguity, hence, application is impossible
Verba legis (Plain meaning rule)
- Where the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation.
- Where the law speaks in clear and categorical language, there is no room for interpretation. There is only room for application.^37
- Law cannot be changed under the guise of interpretation.^38 Maxim: index animi sermo est (speech is the index of intention) Presumption: The words employed by the legislature in a statute correctly express its intention or will and preclude the court from construing it differently.
Silva v. Cabrera Cabrera wanted to construct an ice plant even if there is an existing one already owned by petitioner. The case was brought to the Public Service Commission, and the agency appointed Atty. Espellera to hear the case and receive evidence. The PSC rendered a decision allowing respondent to operate.
(^37) Cebu Portland Cement v. Municipality of Naga
(^38) Crisologo v. Macadaeg
Held : Where the law is clear, there is only room for application. Although the law granted the PSC to appoint an attorney to take testimony of the witnesses if residing distant from Manila, the law is clear that only the commission can hear, receive evidence, and render a decision.
Quijano v. DBP Petitioner, a veteran, obtained a loan from DBP. He wanted to pay the subsisting obligation through the backpay certificate. Held : The law is clear, backpay certificate may only be used to pay for the loan if the subsisting obligation was obtained prior to the passage of RA 897. A subsisting obligation may only be considered after receipt of the loan, not on the day of awarding of application (since, there was still no obligation at that time).
Commissioner of Internal Revenue v. Limpan Investment The BIR found that respondent had tax deficiencies for more than two years. They brought the case to the Court of Tax Appeals where it held that the interest and surcharge should start from period where the decision became final. Held : The National Internal Revenue Code clearly stated that in computing the interest and surcharge of the tax deficiency, it should start from the date of notice and demand. The CTA, therefore, made an error where it fixed a new date.
People v. Mapa Mapa claimed that he was a secret agent of Governor Leviste when he was charged for illegal possession of unlicensed firearms. Held : Although it was earlier held that secret agents may be exempted from possession of firearms since they do the work of peace officers, the Revised Administrative Code clearly enumerated those who may be exempted, and secret agents were not included.
Chartered Bank Employees v. Ople Employees of Chartered Bank complained that they were not paid for the 10-day holiday. Employer said that a circular made by Sec. Ople clarified that regular employees are presumed to be paid for the whole year, thereby also counting holidays. Held : The Labor Code clearly stated that holidays should be paid by the employer to regular employees, hence, the circular is invalid. Moreover, it was also found out that the computation for the salaries did not
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The metal detector beeped when Susan Canton passed through it. Initially she said that it was only money, but the lady frisker called her superior. She was brought inside a rest room and was frisked. Several grams of shabu was found in her abdominal, genital, and thigh areas. Held : Although the Constitution grants the right to privacy, the Terry search conducted to her is valid. The arrest without a warrant was justified since it was only carried out upon discovery and recovery of shabu in her as ruled in People v. Johnson.
DAR v. Sutton Respondent inherited a land which they devoted for cattle breeding. Initially they availed of voluntary offer to sell because of incentives, but withdrew it after the Court promulgated the doctrine exempting agricultural lands used for poultry and livestock breeding in Luz Farms v. DAR Secretary. Petitioner only granted partial exemption on the basis of an administrative order issued. Held : The ruling of the Court should be enforced. In its interpretation in Luz Farm, it clearly declared the exemption of said lands used in poultry and livestock. The administrative order providing for a 1:1 ratio is unconstitutional. Although the DAR may issue orders and regulation, these are subject to judicial review.
*The interpretation of a statute remains to be part of the legal system until the Supreme Court overrules it and the new doctrine overruling the old is applied prospectively in favour of parties who relied on it in good faith.
*Judicial ruling cannot be given retroactive effect if to do so will impair vested rights and the parties relied on it in good faith. Maxim: lex prospicit, non respicit (the law looks forward, not backward)
Columbia Pictures v. CA After being granted a petition for a search warrant in an alleged place where pirated movies were produced, the CA dismissed the case when the SC promulgated a new doctrine requiring the presentation of the master copy. Held : Although court interpretations are deemed part of the law during its enactment, it could not be applied retrospectively especially when it introduces a new ruling and vested rights were accrued before (production of master copy).
People v. Licera Defendant was charged with illegal possession of firearms. He contended that he is exempted from this rule saying that he was a secret agent employed by Gov. Leviste of Batangas. Held : Although the then prevailing ruling was People v. Mapa, where secret agents are not anymore considered as peace officer, therefore, not exempted from permit to carry firearms, it was non-existent when Licera was charged. The then ruling was People v. Macarandang where the Court interpreted secret agents as peace officers. Hence, the latter should apply to this case since Licera relied on it in good faith.
*Only Supreme Court sitting en banc may modify or abandon an established principle of law, not any division (Sec. 4 Par. 3, Art. VIII)^40 Exception: If the Court has stated in a decision not a principle of law but a mere obiter dictum (a thing said in passing), a division may validly reject or disregard it.
*The Court has the duty to formulate guiding and controlling constitutional principles, precepts or doctrines. The power to issue guidelines is not judicial legislation, the Court merely defines what the law is. Examples:
- Partylist: Ang Bagong Bayani-OFW Labor Party v. COMELEC
- Psychological incapacity: Republic v. CA and Molina
- Anti-subversion: People v. Ferrer
- Rights when arrested: Morales v. Enrile
Floresca v. Philex Mining Several workers of respondent died when the mine collapsed. The petitioners asked for compensation which was given. After learning that there was negligence on the part of the company, petitioners sued and asked for damages under the Civil Code.
(^40) (3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc : Provided , that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.
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Held : There was no judicial legislation when the Supreme Court held that petitioners can still claim damages in civil courts even if the Workmen’s 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
- 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
- Neither should courts construe statutes which are perfectly vague for it is repugnant to the Constitution (see test of Constitutionality)
- 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
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Petitioner was accused, together with his son-in-law, of murder and two counts of frustrated murder of a family whom they have land disputes. However, he was acquitted by the CA for insufficiency of evidence proving conspiracy. Hence, he petitioned for payment of compensation for being unjustly accused to the Secretary of Justice but was denied Held : The term “unjustly” should be construed in terms of the manner of conviction and not on his acquittal. There should be malice in the accusation which results to unjust imprisonment and conviction. Agreeing on the contention of the accused renders the provision with this qualifying word ineffective.
Garcia v. SSS Garcia, the remaining member of the Board of Directors of Impact Corporation, was charged for non- remittance of SSS dues. Held : As the remaining director, she is liable for payment, not only of penalties, but also of the amount unremitted. Although there is a provision, when accepted literally will mean that liability pertains only to penalties, the law should be interpreted as a whole. The 3% penalty, under Sec.22(a) automatically attaches itself to the amount unremitted.^44
NAPOLCOM v. De Guzman With the passage of a new law, several Philippine Constabulary members received from petitioner a notice of retirement for reaching the age of 56. They contended that this age of retirement cannot be applied to them since the PC is part of the Integrated National Police whose mandatory age of retirement has been set to 60. Held : Although the INP traced its roots to the PC, the 60-year old mandatory age of retirement is only applicable to the local police component of the INP 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, taken into its context, there is no need for the assailed provision to have a categorical restriction since other provisions have differentiated the two. The PC before the enactment of said law were already retirable at 56, while the local police at 60; and these were governed by different laws.
Punctuation mark
(^44) The case also talked about the principle of ejusdem generic, where general words cannot be given their generic meaning if followed by specific words: (1) managing head, (2) directors, (3) partners. The problem with this is that the specific word came first.
- The semi-colon (;) indicates separation in the relation of the thought. But what follows it should be related to the one preceding it. Although both used for the same purpose, the semi-colon is more pronounced and is greater in degree than that of a comma (,). Neither is used to introduce a new idea.
- A period (.) is a mark used to indicate the end of the sentence.
- Aids of low degree and can never control against the intelligible meaning of the written words
- Argument based upon these alone is not persuasive Reason: Punctuation marks are neither a part of the statute nor the English language. When used: If it gives the statute a meaning which is reasonable and in accord with the will of the legislature
Capitalization of letters
- Aids of low degree; almost have the same reasons as that of punctuation marks
Headnotes of epigraphs
- Index to the contents of the provisions in a section
- Prefix to a section or chapters of a statute for ready reference
- Not entitled to much weight Reason: Not part of the statute, they are mere catchwords of references Exception: When the text of a statute is clear
Language
- The original language when a statute is officially promulgated will prevail
- Revised Penal Code is Spanish; Judiciary Act is English General rule: The English text shall control^45
(^45) Book I, Chapter 4, Sec. 20 (AC). In the interpretation of a law or administrative issuance promulgated in all official languages, the English text shall control, unless otherwise specially provided. In case of ambiguity, omission or other mistake, the other texts may be consulted.
JUSTIN SUCGANG | BLOCK 2
Extrinsic aids
- Intent or spirit of law
- Policy of law similar
- Purpose of law
- Dictionaries
- Consequences of various constructions
- Presumptions
- Legislative history
- Contemporaneous construction
Intent or spirit of the law
- Considered as the law itself, hence, it is the controlling factor, the leading star and guiding light in the interpretation of a statute
- “For what is within the spirit is within the statute although it is not within the letter thereof...”
Fabella v. CA Several teachers were charged with administrative cases for joining mass actions demanding payment of bonuses and allowances. After an administrative hearing, a committee found them guilty and ordered their dismissal. Held : RA 4670 was not repealed by PD807. Hence, there should be a representative of the teachers in the committee hearing administrative cases. Mere membership of teachers in an organization does not make them authorized representatives. The intent of this provision is the right of the teachers to be heard and their protection of their rights when facing administrative charges. The committee, therefore, has no jurisdiction.
Policy of the law
- A construction which would promote the policy of the law should be favoured than that would defeat it
- In a statute of doubtful meaning, giving a construction that will promote public policy
Purpose of the law
- The purpose of the law or the mischief intended to be removed or suppressed are important factors to consider in construction of statutes - The purpose is more important than the rules of grammar and logic - But courts cannot assume some purpose not expressed
CEMCO Holding v. National Life Insurance CEMCO bought several shares of two companies. This resulted to its majority control of UCHC, and in turn, as one of the principal stockholders, an indirect acquisition of the majority shares of UCC itself. Respondent, feeling aggrieved because of loss of market value, charged CEMCO for non-compliance to the mandatory tender offer rule. Held : The purpose of said rule is to give minority stockholders a chance to exit the company under reasonable terms and sell their shares as that of the majority holders. Even if the acquisition is below the threshold, if it will result to a majority control, the tender offer rule should apply.
Dictionaries^46
- Legal, scientific, general dictionaries
- Used when statutes do not define the words or phrases used and the purpose or context in which the words are employed
- But definitions are not binding to courts General rule: Dictionaries usually define words in their natural, plain and ordinary acceptance and significance Presumption: Lawmakers, ordinarily untrained philologists and lexicographers, use words in their common meaning Exception: When the statute has defined the words used and/or the legislature has intended a technical or special legal meaning to these words.
Consequences of various constructions
- The objective should always arrive at a reasonable and sensible interpretation in accord with the legislative intent General rule: Construction that will lead to injustice or hardship, result in absurdity, defeat the legislative intent or spirit, preclude accomplishment of legislative purpose or object, render certain words or phrases a surplusage, nullify the statute or make any of
(^46) See PRC v. De Guzman summary above
JUSTIN SUCGANG | BLOCK 2
A law was passed increasing the number of days the PCSO can conduct races. However, it did not specify when these days were. The GAB resolved it by reducing the number of days private entities can hold their activites. Held : The statement of individual members is not binding for it may only reflect the opinion of that member alone. It may not reflect the intent of all those who passed the law.
CASCO Philippine Chemical Company v. Gimenez CASCO filed for refund for the tax they paid for the separate importation of urea and formaldehyde following the resolution issued by the Monetary Board. Held : Although the bill approved in Congress contained “urea and formaldehyde,” and the statements made by some members clearly expressed the exemption of separate importation, individual statements do not reflect the view and intent of Congress as a whole in passing said act. The enrolled bill stating “urea and formaldehyde” is conclusive. If there was a mistake in printing, a curative amendment must be passed.
Reports of commissions^49
- Usually present in the codification of laws for they compile and collate all laws on a particular subject and prepare a draft of the proposed code
Prior laws from which a statute is based
- Part of the antecedent of the statute involved are prior laws on the same subject
- Especially applicable in the interpretation of codes and revised or compiled statutes
- Shows the legislative history that may clarify the intent of the law or shed light on its meaning and scope
Amendments of statutes
- Applies when the deleted words or phrases are not surplusage or when the intention is clear to change the previous meaning of the old law.
Change in phraseology by amendment
(^49) In Civil Code and Revised Penal Code; Constitutional Commission
- This indicates the intent to change the meaning of the provision from that it had originally
- Where there is a showing that a statute has undergone several amendments and each amendment used different phraseology, the deliberate change of words is an indication of the intent to change the meaning (Portillo v. Salvani) Presumption: There must be some purpose in making changes which should be ascertained and given effect.
Amendment by deletion
- Deleting certain words or phrases in a statute indicates the legislative intent to change its meaning Presumption: The legislature would not have made the deletion had the intention been not to effect a change in meaning.
Exception to the rule that amendment indicates change: Does not apply where the intent is clear that the amendment is precisely to plainly express the construction of the act prior to its amendment because its language is not sufficiently expressive of such construction. 50 Reason: Remember that in codification, revision and compilation of laws, condensation and brevity is necessary. Words that do not materially affect the statute are omitted.
Tung Chin Hui v Rufus B. Rodriguez Petitioner was arrested for using a tampered passport which has been cancelled by Taiwanese authorities. He filed a petition for habeas corpus to an RTC and was granted. After the denial of a motion for reconsideration, respondents filed a notice of appeal of judgment. Petitioner filed an opposition since the appeal was filed long after the 48-hour period prescribed for habeas corpus cases by the pre- Rules of Court.
(^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 irreconcilable that we can say that there has been an implied repeal.
JUSTIN SUCGANG | BLOCK 2
Held : The 1997 Revised Rules of Court has deleted said provision found in the earlier code. Hence, the prevailing rule should be obeyed.
Laguna Lake Development Authority v. CA LLDA was charged by law to maintain and protect the Laguna de bay. After the passage of the Local Government Code, several mayors who have territorial jurisdiction in some parts of the lake issued business permits to construct fish pens in said area. As a result, LLDA ordered the demolition of the fish pen. Held : It cannot be said that the latter law (LGC) has repealed the LLDA charter, it being the most recent one. The LLDA is more specific as compared to the local government code, which generally talks about the municipal waters.
GSIS v. City Assessor of Iloilo Private respondent bought two parcels of land named to GSIS in an auction. Said lands were foreclosed for failure to pay real property tax. GSIS wanted to annul the judgment of entry of title in her name over the lands claiming that it was exempted from local taxes. Held : It cannot be said that the new GSIS charter has repealed the Local Government Code provision regarding collection of taxes. Although the titles of land are named under GSIS, it has already conveyed and alienated the lands to private persons. Hence, the lands are now subject to taxes. In this way, the two laws are reconciled. And even if it does repeal the LGC, it cannot be applied retroactively especially if a vested right will be prejudiced.
Ty v. Trampe Ty, a registered owner of the land, received a notice of assessment respecting certain real properties. Held : There is no express repeal especially because the statute has provided a clause enumerating the laws it shall repeal. Before determining if there is an implied repeal, the Court should try to harmonize said laws. The assessor’s action was set aside since he should have coordinated with other city assessors before determining the tax increase.
Adopted statutes
- Foreign statutes adopted in this country form part of its legislative history. General rule: The interpretation and decision of foreign courts are given great weight if the local statute was patterned after or copied from those of another country.
Presumption: In adopting foreign statutes, the legislature is deemed to adopt also the previous judicial construction and practical application of said statute in that country. Exceptions:
- Where there is material difference between the foreign and local law
- Where the foreign construction is patently erroneous or has not been settled
- Where foreign construction is not reasonable, not in harmony with justice, public policy and other local statutes
- Where the local court has given its own construction to said statute
Conditions at the time of enactment
- Physical conditions of the country and the then circumstances that may affect the legislative intent
- The Court should place itself in the situation of the legislature during that time Presumption: Statutes do not operate in a vacuum. In enacting a statute, the legislature is presumed to have taken into account the existing conditions of things at the time of enactment
History of the time
- Almost similar to taking into consideration the condition at the time of enactment
- The law, being a manifestation of social culture and progress, must be interpreted taking into consideration the stage of such culture and progress including all concomitant circumstances Presumption: Law is not a watertight compartment sealed or shut off from the contact with the drama of life which unfolds before our eyes. It is not a cloistered realm but a busy state in which events are held up to our vision and touch our elbows.^51
(^51) Wortham v. Walker Tex
