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STATUTORY CONSTRUCTION NOTES

Statutory Construction – the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

Justice Martindefines statutory construction as the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts. A judicial function is required when a statute is invoked and different interpretations 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 way depends upon the invalid portion, but if that portion is an integral part of the act, and its excision changes the manifest intent of the act by broadening its scope to include subject matter or territory which was not included therein as enacted, such excision is “judicial legislation” and not “statutory construction”.

CONSTRUCTION AND INTERPRETATION DISTINGUISHED

Construction is the drawing of conclusions with respect to subjects that are beyond the direct expression of the text, while interpretation is the process of discovering the true meaning of the language used. Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text.

SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government:

Legislative power is vested in the Congress of the Philippines – the Senate and the House of the Representatives

Executive power is vested in the President of the Republic of the Philippines (Art. VII, Sec.1, Phil. Const.)

Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)

Legislative – makes the law Executive - executes the law

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Judicial – interprets the law

Simply stated, the situs of construction and interpretation of written laws 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 to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

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

DUTY OF THE COURTS TO CONSTRUE AND INTERPRET

THE 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 a statute, document, etc. A statute is ambiguous if it is admissible of two or more possible meanings. If the law is clear and unequivocal, the Court has no other alternative but to apply the law and not to interpret. Construction and interpretation of law come only after it has been demonstrated that application is impossible or inadequate without them.

DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION

Hermeneutics – the science or art of construction and interpretation.

Legal hermeneutics – is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings.

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

1. Close interpretation – adopted if just reasons connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known as “literal” interpretation.2. Extensive interpretation – also called as liberal interpretation, it adopts a more comprehensive signification of the words.3. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation.

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4. Free or unrestricted interpretation – proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle.5. Limited or restricted interpretation - influenced by other principles than the strictly hermeneutic ones.6. Predestined interpretation – takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires.

AIDS TO CONSTRUCTION

1. Intrinsic aids – those found in the printed page of the statute itself2. Extrinsic aids – extraneous facts and circumstances outside the

printed page

AIDS TO CONSTRUCTION – IN GENERAL (Agpalo)

1. Title – Serves as aid in case of doubt in its language to its construction ad to ascertaining legislative will. Where the meaning of a statute is obscure, courts may resort to its title to clear obscurity.NOTE: When resort to the title is not authorized – when the statute is clear and free from doubt, it is improper to resort to its title to make it obscure. THE TITLE MAY BE RESORTED TO IN ORDER TO REMOVE, BUT NOT TO CREATE, DOUBT OR UNCERTAINTY.

2. Preamble – A preamble is a part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment of the law. “Whereas clauses;” maybe resorted to clarify ambiguity when the statute is ambiguous. It is the key of the statute to open the minds of the lawmakers as to the purpose to be achieved.

3. Context of whole text – The best source from which to ascertain the legislative intent is the statute itself; words, phrases, sentences, sections, clauses, provisions. All these must be takenas a whole and in relation to one another. Legislative intent should accordingly be ascertained from a consideration of the whole context of the statute and not from an isolated part or particular provision.

4. Punctuation Marks –marks such as comma, a semi-colon, ad a period are grammatical marks. It is a rule of legal hermeneutics that punctuation marks are aids of low degree and can never control against the intelligible meaning of the written words. The qualifying effect of a word or phrase may be confined to its last antecedent if the latter is separated by a comma from other antecedents

5. Capitalization of Letters –Like punctuation marks, it is an aid of low degree in the construction of statute.

6. Headnotes or Epigraphs – These are convenient indexes to the contents of its provisions. They are prefixed to sections or chapters of a statute for ready reference or classification. In case of doubt or

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ambiguity in the meaning of the law or the intention of the legislature, they may be consulted in aid of interpretation. They are not entitled to much weight!

7. Lingual Text – The rule is that unless otherwise provided, where a statute is officially promulgated in English and Spanish, the English text shall govern. However, in the case of ambiguity, omission or mistake, the Spanish may be consulted to explain the English text. Where however, a statute is officially promulgated in Spanish, English or in Filipino, with translations in other languages, the language in which it is written prevails over the transaction.

8. Intent or spirit of law – The intent or spirit of law is the law itself. For this reason, legislative intent or spirit is the controlling factor, the leading star and guiding light in the application and interpretation of a statute. If a statute needs construction, the influence most dominant in that process is the intent or spirit of the act.

9. Policy of law – The policy of the law once ascertained should be given effect by the judiciary. One way of accomplishing this mandate is to give a statute of doubtful meaning, a construction that will promote public policy. A construction which would carry into effect the evident policy of the law.

10.Dictionaries –Where a statute does not define the words or phrases used therein nor does its purpose or the context in which the words or phrases are employed indicate in their meaning, the courts may consult dictionaries, legal, scientific, or general as aid in determining the meaning to be assigned to such words or phrases.

11.Presumptions – In construing a statute the court may properly rely on presumptions as to legislative intent in order to resolve doubts as to its correct interpretation. Presumptions are based on logic, experience and common sense, and in the absence of compelling reasons to the contrary, doubts as to the proper and correct construction of a statute will be resolved in favor of that construction which is in accord with the presumption on the matter.

PRESUMPTIONS

In construing a doubtful or ambiguous statute, the Courts will presume that it was the intention of the legislature to enact a valid, sensible and just law, and one which should change the prior law no further than may be necessary to effectuate the specific purpose of the act inquestion.

PRESUMPTION AGAINST UNCONSTITUTIONALITYLaws are presumed constitutional. To justify nullification of law, there must be a clear and unequivocal breach of the constitution. The theory is that, as the joint act of the legislative and executive authorities, a law is supposed to have been carefully studied and determined to be constitutional before it

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was finally enacted. All laws are presumed valid and constitutional until or unless otherwise ruled by the Court.

PRESUMPTION AGAINST INJUSTICEThe law should never be interpreted in such a way as to cause injustice as 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 cause and consequence.

PRESUMPTION AGAINST IMPLIED REPEALSThe two laws must be absolutely incompatible, and clear finding thereof must surface, before the inference of implied repeal may be drawn. In the absence of an express repeal, a subsequent law cannot be construed as repealing a prior law unless an irreconcilable inconsistency and repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTIVENESSIn the interpretation of a statute, the Court should start with the assumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITYStatutes must receive a sensible construction such as will give effect to the legislative intention so as to avoid an unjust and absurd conclusion. Presumption against undesirable consequences were never intended by a legislative measure.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAWPhilippines as democratic and republican state adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. (Art. II, Sec. 2, Phil. Constitution).

LEGISLATIVE HISTORY

Generally speaking, the history of the statute refers to all its antecedents from its inception until its enactment into law. Its history proper covers the period and the steps done from the time the bill is introduced until it is finally passed by the legislature

President’s message if the bill is enacted thereto – President’s address usually contains proposed legislative measures

Explanatory note – a short exposition or explanation accompanying a proposed legislation

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Committee reports of the legislative investigations and public hearings on the subject of the bill

The sponsorship speech The debates and deliberations concerning the bill Amendments and changes in phraseology in which it undergoes before

final approval thereof If it is a revision of a prior statute, the latter’s practical application and

judicial constructionSTATUTE – It is an act of the legislature as an organized body expressed in form and passed according to the procedure required to constitute it as part of the law of the land.

STATUTES

1. Philippine Commission 2. The Philippine Legislature3. The Batasang Pambansa4. The Congress of the Philippines

KINDS OF STATUTE

1. Public Statute – One which affects the public at large or the whole communitya. General Law – one which applies to the whole state and operates

throughout the state alike upon all the people or all of a classb. Special Law – one which relates to particular persons or things of a

class or to a particular community individual or thingc. Local Law – one whose operation is confined to a specific place or

locality2. Private Statute – one which applies only to a specific person or

subject3. Substantive Law – law that tells us what our rights and duties are

and what constitutes violation of such rights and duties4. Remedial Statute or Procedural Laws – A statute providing means

or methods whereby causes of action may be effectuated5. Penal Statute – A statute that criminal offenses and specify fines and

punishment6. Prospective Law – A law applicable only to cases which shall arise

after its enactment7. Retrospective Law – A law which looks backward or contemplates the

past; one which is made to affect acts or facts occurring, or rights occurring before it came into force

8. Mandatory Statutes – Generic term describing statutes which require and not merely permit a course of action

9. Directory Statutes – a statute which is permissive or directory in nature and merely outlines the act to be done in such a way that no

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injury can result from ignoring it or that purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained.

10. Permanent Statute – one whose operation is not limited in duration but continues until repealed. It does not terminate by the lapse of a fixed period or by the occurrence of an event.

11. Temporary Statute – a statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event

COMMON SUBJECT OF CONSTRUCTION AND INTERPRETATION

• Constitution• Statutes• Ordinances• Resolutions• Executive Orders• Department Circulars

CLASSIFICATION OF INTERPRETATION

1. LIMITED OR RESTRICTED INTERPRETATION – Influenced by other principles than the strictly hermeneutic ones

2. PREDESTINED INTERPRETATION – Takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires.

LEGISLATIVE POWER – It is the power or competence of the legislature to enact, ordain, alter, modify, repeal or abrogate existing laws

LAW – It is a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit

SOURCES OF LAW

1. Constitution2. Statutes3. Presidential decrees and executive orders4. Rulings of the Supreme Court5. Administrative order, regulations and rulings6. Ordinances7. Custom

ELEMENTS OF LAW

1. It is a rule of conduct

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2. Law must be just3. It must be obligatory4. Laws must be prescribed by legitimate authority and5. Law must be ordained for the common benefit

BILL - is the draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses.

HOW DOES A BILL BECOME A LAW?

1st Reading Consists of reading the number and title of the billReferral to the appropriate committee for study and recommendationCommittee holds public hearings on the proposed measure and submits its report and recommendation for Calendar for second reading

2nd ReadingBill is read in full with the amendments proposed by the committeeCopies thereof are distributed and such reading is dispensed withBill will be subject to debates, motions and amendmentsAfter amendments (if any) were already acted upon, the bill will be voted on second readingA bill approved on second reading shall be included in the calendar for third reading

3rd Reading The bill as approved on the second reading will be submitted for final vote by yeas or naysThe bill approved on one house shall be transmitted tothe other house for concurrence, which will follow the same route as bill originally filed with it.

PRESIDENT If the bill is approved by the other house without amendments. the bill is transmitted to the President for the appropriate action.If the President approves the same, he shall sign it; otherwise, he shall veto it and return the same to the House of origin with his objections in its Journal and proceed to reconsider it.

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NOTE: If after such reconsideration, two thirds of all members of the originating House shall agree to pass the bill, it shall be sent to the other House together with the objections by which it shall also be considered. If then approved by again two-thirds, the bill shall become a law.

THREE WAYS BY WHICH A BILL PASSED BY CONGRESS BECOMES A LAW

1. When the President signs it.2. When the President does not sign nor communicate his veto of the bill

within 30 days after his receipt thereof3. When the vetoed bill is re-passed by 2/3 votes of all the members of

the Congress voting separately

CONSTITUTIONAL REQUIREMENTS OF THE PASSAGE OF A BILL

1. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof.

2. No bill passed by either House shall become law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to each member three days before its passage. Except when the President certifies to the necessity its immediate enactment to meet 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 and the yeas and nays entered in the journal (Art. VI Sec. 26 of the 1987 Constitution)

3. 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 (Art. VI Sec. 26 of the 1987 Constitution)

PARTS OF STATUTEa. Title – the heading on the preliminary part, furnishing the name by

which the act is individually known. b. Enacting clause – part of statute which declares its enactment and

serves to identify it as an act of legislation proceeding from the proper legislative authority.

c. Repealing Clause - announces the prior statutes or specifies provisions which have been abrogated by reason of the enactment of the new law.

d. Saving Clause – restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal.

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e. Separability Clause – provides that in the event that one or more provisions or unconstitutional, the remaining provisions shall still be in force.

f. Effectivity Clause – That part of the statute which announces the effective date of the law.

PRESIDENTIAL ISSUANCE

Presidential issuances are those which the President issues in the exercise is ordinance power. They include executive orders, administrative orders, proclamations, memorandum order and memorandum circulars.

SUPREME COURT RULINGS/CIRCULARS

Article 8 of the Civil Code 1987 Philippine Constitution.

RULES AND REGULATIONS PROMULGATED BY ADMINISTRATIVE OR EXECUTIVE OFFICERS PURSUANT TO A DELEGATED POWER

1. ORDINANCE

It is an act passed by the local legislative body in the exercise of its law making authority.

TEST OF VALID ORDINANCE

1. It must not contravene the Constitution or any statute;2. It must not be unfair or oppressive;3. It must not be partial or discriminatory;4. It must not prohibit but may regulate trade;5. It must be general and consistent with public policy; and6. It must not be unreasonable.

VALIDITY OF A LAW

Every statute is presumed valid

ESSENTIAL REQUISITES FOR JUDICIAL INQUIRY INTO THE CONSTITUTIONALITY OF A LAW1. There must be an actual case or controversy involving a conflict of legal

rights susceptible of judicial determination2. The question of constitutionality must be raised by the proper party3. The constitutional question must be raised at the earliest possible

opportunity and4. The decision of the constitutional question must be necessary to the

determination of the case itself

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TAXPAYERS, VOTERS, CONCERNED CITIZENS AND LEGISLATORS MAYBE ACCORDED STANDING TO USE PROVIDED THAT THE FOLLOWING REQUIREMENTS ARE MET:

1. Cases involve constitutional issues2. For taxpayers, there must be a claim of illegal disbursement of public

finds or that the measure is unconstitutional3. For voters, there must be a showing of obvious interest in the validity of

the election law in questions4. For concerned citizens, there must be a showing that the issues raised are

of transcendental importance which must be settled early; and5. For legislators, there must be a claim that the official action complained of

infringes upon their prerogatives as legislators

LEGISLATIVE INTENT

For construction purposes does not mean the collection of the subjective wishes, hopes, and prejudices of each and every member of the legislature, but rather the objective footprints left on the trail of legislative enactment.

VERBA LEGIS

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

CONTEMPORANEOUS CONSTRUCTION

As contemporaneous construction is the construction placed upon the statute by an executive or administrative officer called upon to executive or administer such statute.

Maxim: contemporeneaest optima et fortissimo in lege (the contemporary construction is strongest in law.)

With the duty to enforce the laws comes the interpretation of its ambiguous provisions.

STARE DECISIS

The decision of the Supreme Court applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.

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DOCTRINE OF NECESSARY IMPLICATION

What is implied in a statute is as much a part thereof as that which is expressed.