Notes in Statutory Construction
Notes in Statutory Construction
2. Importance
Because of infirmities of language and the limited scope in legislative drafting,
there is a need for construction by the judiciary
1. Separation of Powers
Under the doctrine of separation of powers:
a. Legislature – make the law
b. Executive – execute the law
c. Judiciary – construe the law
Legislative has no power to overrule the interpretation or construction of statute
of the Constitution by the SC.
Ratio: if the legislature declares what a law means—it will cause
confusion and will be violative of the separation of powers
2. Interrelationship/Overlap of Powers
a. Executive and Legislative Powers
Executive-rule making power (delegated legislative power)
Administration supervision of its own departments by each House of Congress
Quasi-legislative power - it is the authority delegated by the law-making body
to the administrative body to adopt rules and regulations intended to carry out
the provisions of a law and implement legislative policy.
b. Effect
1) Void: if on its face it does not enjoy any presumption of validity because it is
patently offensive to the Constitution.
o /It produces no effect, creates no office, and imposes no duty.
o If the law has been declared unconstitutional, it is presumed that no
law existed at all
o Orthodox/Traditional view
CASES:
Lidasan v. COMELEC, supra
Tatad v. Executive Secretary, G.R. No. 124360, November 5, 1997
CASES:
People v. Santayana, G.R. No. L-22291, November 15, 1976 (in relation to
People v. Mapa, G.R. No. L-22301, August 30, 1967 and People v.
Macarandang, G.R. No. L-12088, December 23, 1959)
Columbia Pictures, Inc. v. CA, G.R. No. 110318, August 28, 1996
V. CONSTITUTIONAL CONSTRUCTION
A. Primary purpose: to ascertain the intent or purpose of the framers
CASES:
JM Tuason & Co., Inc. v. Land Tenure Administration, 31 SCRA 413 (1970)
Co v. Electoral Tribunal, 199 SCRA 692 (1991)
B. Rules of Constitutional Construction
1. Apply rules of Statutory Construction
CASE: Sarmiento v. Mison, 156 SCRA 549 (1987)
2. If no ambiguity: Verba legis
a. Give ordinary meaning to the words
CASES:
Saguisag v. Ochoa, January 12, 2016, G.R. No. 212426
Tano v. Socrates, supra
Ordillo v. COMELEC, 192 SCRA 100 (1992)
(1) Exception: where technical terms are employed
b. Words are used in a broad sense to cover all possible contingencies
3. If ambiguity exists
a. Rules
(1) Ratio Legis Est Anima: Consider intent of the framers/object to be
accomplished
CASES:
Legaspi v. Minister of Finance, 115 SCRA 418 (1982)
Civil Liberties Union v. Executive Secretary, 194 SCRA 317 (1991)
(2) ut magis valeat quam pereat: construe the constitution as a whole
CASES:
Kida v. Senate, supra
Republic v. Sereno, G.R. No. 237428, May 11, 2018 (Read also the
discussions in the dissent of J. Leonen)
(3) Self-executing rather than needs an implementing statute
CASE: Manila Prince Hotel v. GSIS, 267 SCRA 408 (1997)
(4) Mandatory rather than directory
CASE: Marcelino v. Cruz, 121 SCRA 51 (1983)
(5) Prospective rather than retroactive
CASES:
Peralta v. Director of Prisons, 75 Phil 285 (1945)
Filoteo v. Sandiganbayan, 263 SCRA 222 (1996)
(6) reddendo singula singulis
CASE: Francisco v. House of Representatives, G.R. No. 160261,
November 10, 2003
b. Aids
(1) Intrinsic Aids
a) Language of the constitution itself
b) Interpret Constitution as whole
CASE: Tolentino v. Secretary, 235 SCRA 630 (1994) (construction of
Sec. 24, Art. VI, Constitution)
(2) Extrinsic Aids
a) History or realities at the time of the adoption
b) Object sought to be accomplished
c) Proceedings/debates of the Convention
CASES:
Luz Farms v. Secretary of DAR, 192 SCRA 51 (1990)
Montejo v. COMELEC, 242 SCRA 415 (1995)
d) Changes in the phraseology
CASE: Galman v. Pamaran, 138 SCRA 294 (1985)
e) Previous laws and judicial decisions
f) Consequences of alternative (more than one) constructions
g) Contemporaneous legislative construction
CASE: De los Santos v. Mallare, 87 Phil 289 (1950)
h) Utterances during the proceedings & contemporaneous writings of the
framers
CASE: Vera v. Avelino, 77 Phil 192 (1946)