The Fraternal Order of St.

Thomas More STATUTORY CONSTRUCTION

ATTY. APORTADERA (2014-2015)

LESSON 1: Purpose or Object of Construction

STATUTORY CONSTRUCTION IN GENERAL  to ascertain, and give effect to, the intent of the law.

Legislative Intent
Definition of Terms  the essence of the law
 the key to, and the controlling factor in, its
a) Statutory Construction – the art of seeking the intention of construction or interpretation
the legislature in enacting a statute and of applying it to a  the spirit which gives life to legislative enactment
given state of facts.
Legislative Purpose
b) Legal Hermeneutics – branch of science which establishes  laws have ends to be achieved and statues should be
the principles and rules of interpretation and construction of construes so as not to defeat but to carry out such
written laws. ends and purpose

Legislative Meaning
c) Exegesis – application of the principles and rules of
interpretation and construction of written laws.  what the law, by its language means
 what it comprehends, what it covers or embraces,
what its limits or confines are
d) Interpretation of written law – art of process of discovering
and expounding the intended signification of the language
Construction is a Judicial Function
used in the law, that is, the meaning which the authors
 it is the province and duty of the judicial department
designed ti to convey to others.
to say what the law is.
 it refrains from doing so where the case has become
e) Construction of written law- art or process of discovering moot and academic and it will instead dismiss the
and expounding the meaning and intention of the authors of case
the law with respect to its application to a given case, where  a case or question is moot and academic when its
that intention is rendered doubtful either by reason of purpose has become stale or where no practical relief
apparently conflicting provisions or directions, or by reason of can be granted or which can have no practical effect
the fact that the given case is not explicitly provided for in the
law.
When Court May Construe Statute
 if there is doubt or ambiguity in its language
f) Ubi lex non distinguit necnon distinguere debemus – Where  ambiguity means a condition of admitting two or
the law does not distinguish, the courts should not distinguish. more meanings, of being understood in more than
one way, or of referring to two or more things at the
same time
 a statute is ambiguous if it is susceptible of more than
LESSON 2: one interpretation.
CONSTRUCTION AND INTERPRETATION  The court may not construe a statute that is clear and
free from doubt.

Article 10 of the Civil Code - “In case of doubt in the

interpretation or application of laws, it is presumed that the Rulings of Supreme Court part of Legal System
lawmaking body intended right and justice to prevail.”
Legis interpretatio legis vim obtinet
Interpretation Construction  Judicial construction and interpretation of a statute
acquires the force of law
Limited to exploring the Goes beyond and may call in  Article 8 of the New Civil Code provides that
written text. the aid of extrinsic “Judicial decisions applying or interpreting the laws or
considerations. the Constitution shall form a part of the legal
The art of finding out the The drawing of conclusions system of the Philippines.”
true sense of any form of respecting subjects that lie  This principle assures certainty and stability in the
words, that is the sense beyond the direct expressions legal system.
which the author intended to of the text, from elements
convey and of enabling known from and given in the
others to derive from them text; conclusions which are in Judicial Rulings have No Retroactive Effect
the same idea which the the spirit, though not within
author intended to convey. the letter of the text. Lex prospicit non respecit
 The law looks forward, not backward.
Only takes place if the text Resorted to when, in  Article 4 of the New Civil Code provides that
conveys some meaning or comparing two different “Laws shall have no retroactive effect unless the
other. enactments of the same contrary is provided.”
legislative body, there is found  Retroactive application of a law usually divests rights
contradiction where there was that have already become vested or impairs the
evidently no intention of such obligations of contract and hence, unconstitutional.
contradiction one of another,
or where it happens that part
of a writing or declaration
contradicts the rest.

Transcribed by Carra Trisha C. Tito, Scroll No. 605 1

 The Fraternal Order of St. Thomas More STATUTORY CONSTRUCTION
ATTY. APORTADERA (2014-2015)

LESSON 3: Forms of Constitution:

4 MAJOR SUBJECTS OF STATUTORY
CONSTRUCTION 1) Written and Unwritten
a) Written – one whose provisions are embodied in one
document or set of documents
b) Unwritten – one whose provisions have not been integrated
1) CONSTITUTION into a single, concrete form but are scattered in various
– body of rules and maxims in accordance with which the sources
powers of sovereignty are habitually exercised
– the basic fundamental law of the land over which all laws 2) Cumulative and Conventional
must conform a) Cumulative or evolved – result of political evolution,
– a written instrument by which the fundamental powers of the common laws, judicial decisions, etc.
government are established, limited and defined, and by which b) Conventional or enacted – incorporated either by
those powers are distributed among the several departments constitutional convention or by act of a ruler
for their safe and useful exercise for the benefit of the body
politic
3) Rigid and Flexible
2) STATUTE – written will of the legislature solemnly a) Rigid – one which is over and above ordinary laws and may
expressed according to the forms necessary to be amended only by a formal and usually difficult process
constitute a lawful order b) Flexible – one that can be changed by ordinary legislation

3) RESOLUTION – enactments of the legislature

either to express sentiments or opinions to carry out
the internal affairs of the legislative body or to make Rules of Constitutional Construction
temporary laws or to procedures or constitutional
amendments  Effectuation of the intent of the framers – effect must
be given to the intent of the framers of the organic
4) ORDINANCE – an act passed by a municipal law and of the people adopting it
council in the exercise of law-making authority
 Uniformity and stability of construction –
constitutions should receive consistent and uniform
interpretation, so that they shall not be taken to mean
LESSON 4: one thing at one time and another time.
CONSTITUTION
 Rule on Flexibility – a constitution usually announces
Constitution certain basic principles to serve as the perpetual
 body of rules and maxims in accordance with which foundation of the state; it should be interpreted by the
the powers of sovereignty are habitually exercised spirit which vivifies and not by the letter which
 the basic fundamental law of the land over which all killeth; the courts are not inclined to adopt such
laws must conform technical end in construction as will unduly impair
 a written instrument by which the fundamental the efficiency of the legislature to make
powers of the government are established, limited responsibilities.
and defined, and by which those powers are
distributed among the several departments for their  Rule on Liberality – constitution is not to be
safe and useful exercise for the benefit of the body interpreted on narrow or technical principles, but
politic liberally and on broad general line, or in order that it
may accomplish the objects of its establishment and
3 Common Parts: carry out the great principles of government;
constitution is intended to be effective over a longer
a) Constitution of liberty – series of proscriptions setting forth period of time and its method of revision or
the fundamental civil and political rights of the citizens and amendment is more difficult than a legislative
imposing limitations on the powers of government as a means process
of securing the enjoyment of those rights. (Ex. Article III)
 Rule on Practicability – established practical
b) Constitution of the government – series of provisions construction or a constitutional provision should not
outlining the organization of the government, enumerating its be disregarded unless such gives clear and definite
powers, laying down certain rules relative to its administration support
and defining the electorate. (ex. Art VI, VII, VIII and IX)
 Constitution to be construed as a whole – no one
c) Constitution of sovereignty – provisions pointing out the provision of the Constitution is to be separated from
mode or procedure in accordance with which formal changes all the others, to be considered alone, but that all the
in the fundamental law may be brought about. provisions bearing upon a particular subject are to be
brought into view and to be so interpreted as to
effectuate the great purposes of the instrument.

Transcribed by Carra Trisha C. Tito, Scroll No. 605 2

 The Fraternal Order of St. Thomas More STATUTORY CONSTRUCTION
ATTY. APORTADERA (2014-2015)

Constitution Statute Process in the Enactment of the Law

Primary Law Secondary Law Article VI, Sec. 26 (2) of the 1987 Constitution:
Expression of Sovereignty Enactments or Rules “No bill paased by either House shall become a law unless it
has passed three readings on separate days, and printed
Permanent in Character Tentaitve copies thereof in its final form have been distributed to its
Members three days before its passage, except when the
Lays down the general Sets in details its purpose or President certifies to the necessity of its immediate enactment
principles and foundation subject matter. to meeat 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, and
the yeas and nays entered in the Journal.”
LESSON 5:
STATUTE Article VI, Sec. 27 (1) of the 1987 Constitution:
“Every bill passed by the Congress shall, before it becomes a
Statute – written will of the legislature solemnly expressed law, be presented to the President. If he approves the same he
according to the forms necessary to constitute a lawful order 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
Parts of a Statute the Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other House
a) Number of the Act by which it shall likewise be reconsidered, and if approved by
 the lower the number, the older the law is two-thirds of all the Members of that House, it shall become
b) Subject and Title a law. In all such cases, the votes of each House shall be
 Article VI Sec. 26 (1) of the 1987 Constitution determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The
provides that
President shall communicate his veto of any bill to the House
“Every bill passed by Congress shall embrace only one
where it originated within thirty days after the date of receipt
subject which shall be expressed in the title
thereof, otherwise, it shall become a law as if he had signed
thereof.”
it.”
 Purpose of Requirement:
(i) to prevent hodge podge or log rolling legislation
(ii) to prevent surprise or fraud upon the legislature by means Reasons for 3 Readings before Passage of the Bill into Law
of provisions in bills of which the titles gave no intimation,
and which might therefore be overlooked and carelessly and a) to prevent tasting and improvident legislation
unintentionally adopted b) to compel the careful examination of propsed laws or at
(iii) to fairly apprise the people, through such publication of least the affording of opportunity for that purpose
legislative proceedings as is usually made, of the subjects of
legislation that are being considered in order that they may
have opportunity of being heard thereon, by petition or Kinds of Statutes
otherwise, if they shall desire.
(iv) to guide in ascertaining the legislative intent when the a) Public Act/Statute
language of the act does not clearly express its purpose.  universal rule that regards the whole community
 usually general in its character and operation, and
c) Preamble
equally applicable in all parts of a statute
 an introductory clause at the beginning of a statute b) Private Act/Statute
 sets forth the reasons for its enactment and the object  relates to, concerns, and affects a particular
sought to be accomplished
individual
d) Enacting Clause
 identifies the bill as an act of legislation 3 Kinds of Public Act
e) Body of the Statute a) General Law/Statute
 principal part of the bill embodying that substance of  one which applies to the whole state and operates
the right or remedy provided for throughout the state, alike upon all the people or all
 divided into sections, articles, chapters of a class
f) Date of Enactment b) Special Law/Statute
 portion whicj provides when the legislature enacted  one which applies to an individual, association or
or approved the bill corporation
 relates to a particular person or things of a class
g) Date of Effectivity
 when the law takes effects c) Local Law/Statute
 Article 2 of the Civil Code provides that  one which primarily directed only to a specific spot
“Laws shall take effect after fifteen days following
the completion of publication either in the Official
 confined in its operation to the property and persons
Gazette, or in a newspaper of general circulation in of a limited portion of the territory of the state, a part
the Philippines, unless it is otherwise provided.” of its people, or a portion of the property of its
citizens

Transcribed by Carra Trisha C. Tito, Scroll No. 605 3

 The Fraternal Order of St. Thomas More STATUTORY CONSTRUCTION
ATTY. APORTADERA (2014-2015)

Divisions and Kinds of General Law/Statutes

a) Duration Amendment of Statutes
 Permanent (continues in force until duly altered or  addition or change within the lines of the original
changed or repealed by competent authority) instrument as will effect an improvement, or better
 Temporary (continues in force until the time of its carry out the purpose for while it was framed
limitation has expired unless sooner repealed)
b) Date of Taking Effect
 Prospective (looks forward) Effects of Amendment
 Retroactive (looks backward)
c) Nature of Operation a) Amendment produces one law, namely the statute as it
 Declaratory/Expository (passed for the purpose of existed before the amendment remains in force.
removing doubt or ambiguity as to the state of the b) If amendment is invalid, the original statute as it existed
law, or to correct a construction deemed by the before the amendment remains in force.
legislature to be erroneous) c) If the amendment statute is invalid, it is not validated by
 Curative (cures errors and irregularities in judicial or amendment unless obnoxious feature removable by
administrative procceedings) amendment.
 Mandatory (commands and requires that certain
action shall be taken by those to whom the statute is
addressed) Repeal of Statutes
 Directory (directs the manner in which certain action
a) Unless prevented by a superior authority, the law-making
shall be taken or certain official duties performed)
power of any government has plenary power to enact or repeal
 Permissive (authorizes or permits certain action to be
laws.
taken by those to whom it is addressed and hom it
b) A law which partakes of the nature of contract is
concerns)
irrepealable.
 Preceptive (commands certain actions, and reglates
c) Laws are repealed only by other subsequent laws.
the forms and acts which ought to accompany them)
 Prohibitive (forbids all actions)
 Remedial (supplies defects and abridges superfluities Kinds of Repeal
in the forer law either by enlarging or restraining
such former law) a) Express Repeal
 Penal (imposes penalty for transgressing provisions)  literally declared by a new law
 Repealing (abrogates an existing statute) b) Implied Repeal
 Amendatory (changes or modifies a statute originally  takes place when a new law contains provisions
enacted) contrary to those of a former law, without expressly
d) Form repealing them
 Affirmative (enacted in affirmative terms)  Leges posteriores priores contrarias agrobant (Later
 Negative (expressed in negative terms) enactments repeal prior ones which are repugnant
 Compiled/Revised (collection of the statutes existing thereto.)
and in force in a given state)
 Code/Codified (reenactment of the whole body of the
positive law)
e) Origin or Source
 Adopted (taken wholly or in part, from another state, Effects of Repeal
and enacted as a law of the state adopting it)
a) If repeal is express, repealed law is not revived unless
 Reenacted (passed by the same legislative body, in
expressly so provided.
the same terms, or in substantially the same language,
b) If repeal is implied, repealed law is revived.
and for the same purpose and object, as the former
statute)

LESSON 6:
RESOLUTION

Resolution – enactments of the legislature either to express

sentiments or opinions to carry out the internal affairs of the
legislative body or to make temporary laws or to procedures or
constitutional amendments

Kinds of Resolution

a) Simple Resolution
 formalized motion passed by a majority of a single
legislative chamber
 used to create special committees, express
recognition for meritorious services, extend
sympatny on the death of a member, express opinions

Transcribed by Carra Trisha C. Tito, Scroll No. 605 4

 The Fraternal Order of St. Thomas More STATUTORY CONSTRUCTION
ATTY. APORTADERA (2014-2015)

to another government body, establish rules d) Memorandum Orders

governing internal affairs  acts of the president on matterf administrative detail
for subordinate or temporary interest which only
b) Concurrent Resolution concern a particular officer or office of the
 refers to a simple resolution passed by both chambers government
of the legislature
 reflects the opinion of the entire legislative body e) Memorandum Circulars
c) Joint Resolution
 acts of the president on matters relating to internal
administration which the president desires to bring to
 similar to a statute
the attention of all the government for information
 has to undergo the same process as a bill towards its and compliance
enactment to both chambers
f) General or Specific Orders
 acts and commands of the president in his capacity as
LESSON 7: commander-in-chief of the Armed Forces of the
Philippines
ORDINANCE

Ordinance – an act passed by a municipal council in the

exercise of law-making authority

Tests of a Valid Ordinance

a) It must not contravene the Constitution or any statute.

b) It must not be unfair or oppressive.
c) It must not be partial or discriminatory
d) It must not prohibit but may regulate trade
e) It must be general and consistent with public policy
f) It must not be unreasonable

LESSON 8:
PRESIDENTIAL ISSUANCES

Presidential Issuances
 what the president issues in the exercise of his
ordinary power
 include executive orders, administrative orders,
proclamations, memorative orders, memorative
circulars, general or specific orders

Definition:

a) Executive Orders
 acts of the president providing for rules of general or
permanent character in the implementation or
execution of constitutional or statutory powers

b) Administrative Orders
 act of the president which relate to a particular aspect
of governmental operations in pursuance of his duties
as administrative head in the executive department
when he issues orders to some administrative
agencies

c) Proclamations
 acts of the president fixing a date or declaring a
statute or condition of public moment or interest
upon the existence of which the operation of a
distinct law or regulation

Transcribed by Carra Trisha C. Tito, Scroll No. 605 5