Statutory Construction Notes
Statutory Construction Notes
the
art
or
process
of
d i s c o v e r i n g a n d expounding
the meaning and intention of the
a u t h o r s o f t h e l a w w i t h 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 Martin defi nes
statutory construction as the art of
seeking
the
intention
of
the
le gislature in enacting a statute
a n d a p p l y i n g i t t o a given state of
facts
.A
judicial
function
is
re qui re d
when
a
statute
is
i n v o ke d
and
d i ff e r e n t
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 t h e a c t , a n d i t s
excision changes the manifest
i n t e n t o f t h e a c t b y 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 tha
tare
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
INTERPRETATION
In our system of government:
AND
D
K
C
A
I
I
O
N
F
N
N
D
F E R E N T
D S
O F
S T R U C T I O N
INTERPRETATION
Hermeneutics
adopted
if
just
re asons
c o n n e c t e d w i t h t h e character
and formation of the text induce as
to
take
the
words
in
the
n a r r o w e s t
m e a n i n g .
T h i s
i s
g e n e r a l l y
k n o w n
a s literal interpretation.
2. E x t e n s i v e
interpretation
also called as liberal
i n t e r p r e t a t i o n , i t adopts a
more comprehensive signification
of the words.
3. E x t r a v a g a n t
inte rpre tation
substitutes
a
meaning
e v i d e n t l y b e y o n d the true
one. It is therefore not genuine
interpretation.
4. Fr e e
or
unre stricte d
inte rpre tatio n
proce e ds
simply
on
he
general
principles of interpretation in good
faith, not bound by any specific or
superior principle.
5. L i m i t e d
or
re stricte d
i n t e r p r e t a t i o n - i n fl u e n c e d
b y o t h e r p r i n c i p l e s than the
strictly hermeneutic ones.
6. Predestined interpretation
takes
place
when
the
interpreter, laboring u n d e r a
strong
bias
of
mind,
makes
the
text
subservient
to
his
preconceived views and desires.
CHAPTER II
STATUTES
LEGISLATIVE PROCEDURES
The
power
to
m a ke
laws
is
lodged
in
the
legislative
d e p a r t m e n t o f t h e government.
A statute starts with a bill.
Bill
is the draft of a proposed law from the
time of its introduction in a l e g i s l a t i v e
body through all the various
stages in both houses. It is
enacted into law by a vote of
t h e l e g i s l a t i v e b o d y.
A n Act i s t h e a p p r o p r i a t e t e r m
for it after it has been acted on
a n d p a s s e d b y t h e legislature. It
then becomes a statute, the written
will of the legislature solemnly
expressed according to the form
necessary to constitute it as the law
of the state.
Statute
Law
is
a
term
often used interchangeably
w i t h t h e w o r d statute. Statute
Law, however, is broader in meaning
since it includes not only statute but
also the judicial interpretation and
application of the enactment.
HOW DOES A BILL BECOMES A LAW
STEPS
A bill before it becomes a
law
must
pass
the
strict
c o n s t i t u t i o n a l requirements
explicit
both
in
the
1973
Constitution
and
the
1 9 8 7 Constitution.
Passage of a bill in a parliamentary system
(unicameral assembly):
1. A m e m b e r o f t h e N a t i o n a l
Assembly
may
introduce
t h e p r o p o s e d b i l l to the
Secretary
of
the
National
Assembly who will calendar the
same for the first reading.
2. In the fi rst reading, the bill is
read by its number and title
only.
3. A f t e r t h e fi r s t r e a d i n g ,
the bill is referred by
the
Speaker
to
the
app ro priate committe e for
s t u d y. A t t h i s s t a g e , t h e
app ro priate
committee
will
conduct
public
hearings. Then after the
public
hearings,
the
committee
shall
decide
whether or not to report the
bill favorably or whether a
substitute
bill
should
be
4.
5.
6.
7.
8.
9.
d. Body
the
main
and
operative
part
of
the
statute
containing
its
substantive and even procedural
provisions. Provisos and exceptions
may also be found.
e. R e p e a l i n g
Clause
announces
the
prior
statutes
or
s p e c i fi c
provisions which have been
abrogated by reason of the
enactment of the new law.
f. 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.
g. Separability
Clause
provi de s that in the e ve nt
t h a t o n e o r m o r e provisions or
unconstitutional, the remaining
provisions shall still being force.
h.
Effectivity Clause - announces
the effective date of the law.
KINDS OF STATUTES
1. General Law
- aff ects the community at
large. That which aff ects
allpeople of the state or all of a
particular class.2.
2. Special Law
- designed for a particular
purpose,
or
limited
in
rangeor
confined
to
a
prescribed field of action on
operation.
3. Local Law
- relates or operates over a
particular locality instead
of over the
whole
territory of the state.
4. Public Law
- a general classifi cation of
law, consisting generally
of c o n s t i t u t i o n a l ,
administrative,
criminal,
and
international
law,
concerned
with
the
organization of the state,
the relations between the
state and the people who
compose it, the responsibilities
of public o ffi c e r s o f t h e
state, to each other, and
to private persons, and
t h e relations of state to
one another. Public law may
be general, local or special
law.
5. Private Law
- d e fi n e s , r e g u l a t e s ,
enforces
and
administers
relationships among individuals,
associations and corporations.
6. Remedial Statute
- providing means or method
whereby
causes
of action
may be affectuated, wrongs
redressed and relief obtained.
7. Curative Statute
- a
form
of
retrospective
legislation which reaches
back into the past to operate
upon past events, acts or
transactions in o r d e r
to
corre ct
e rrors
and
irre gularitie s
and
to
r e n d e r v a l i d a n d effective
many attempted acts which
would otherwise be ineffective
forthe purpose intended.
8. Penal Statute
- defines
criminal
offenses
specify corresponding fines and
punishments.
9. Prospective Law
- applicable only to cases
which shall arise after its
enactment.
10.Retrospective Law
- looks
backward
or
contemplates
the
past;
one which is made to aff ect
acts or facts occurring, or
rights occurring, before it
came into force.
11. Affirmative Statute
- dire cts the doing of an
act,
or
de clare s
what
shall
be
done
in
contrast to a negative
statute which is one
t h a t prohibits the things
from
being
done,
or
declares what shall not be
done.
12. Mandatory Statutes
generic term describing
statutes
which
requireand not merely
permit a course of
action.
CONCEPT OF VAGUE STATUTES
Statues or act may be said to be
vague when it lacks
c o m p r e h e n s i b l e standards those
men of common intelligence must
necessarily guess a tits meaning and
1. I t v i o l a t e s d u e p r o c e s s
for failure to accord
persons fair notice
o f conduct to avoid; and
2. It leaves law enforcers unbridled
discretions.
The Supreme Court held that the
vagueness doctrine merely requires a
reasonable degree of certainty for the
statute to be upheld--- not absolute
precision or mathematical exactitude.
Flexibility, rather than meticulous
specificity, is permissible as long as the
metes and bounds of the statut eare
clearly delineated
REPEALS OF STATUTE MAY BE
EXPRESSED OR IMPLIED
Express repeal is the abrogation
or annulling of a previously existing
law by the enactment of a
subsequent statute which
d e c l a r e s t h a t t h e former law shall be
revoked and abrogated.
Implied repeal - when a later statute
contains provisions so contrary to
irreconcilable with those of
the earlier law that only one
o f t h e t w o statutes can stand in
force. T h e r e p e a l o f a p e n a l l a w
deprives the court of jurisdiction
t o p u n i s h persons charged with a
violation of the old penal law prior to its
repeal.
Only a law can repeal a law
The intention to repeal must be clear
and manifest, otherwise, at least, as
a general rule, the later act is to be
construed as a continuation of, and
not a substitute for, the first act.
Two (2) categories of repeal by
implication:
1. Where provision in the two acts on
the same subject matter are in an
irreconcilable conflict;
2. If the later act covers
the whole subject of the
e a r l i e r o n e a n d i s clearly
intended as a substitute to be a
complete and perfect system in itself.
ORDINANCE
Ordinance is an act passed by the local
legislative body in the exercise of its lawmaking authority.
Lo c a l c o u n c i l s exe rc i s e o n l y
delegated legislative powers
c o n f e r r e d o n them by Congress as the
national law making body. The delegate
cannot be superior to the principal.
ROLE OF FOREIGN JURISPRUDENCE
Philippine laws must necessarily
be construed in accordance with
t h e intention of its own law makers
and such intent may be deduced
from the language of each law and the
context of other local legislation related
thereof.