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Stat Con Reviewer - Suarez
Stat Con Reviewer - Suarez
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Statutory Construction
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Statutory Construction
wherein each has its own power that affects the legal 3. When construction or interpretation is required, the
interpretation of statutes. court should give the law the meaning that the
legislature intended.
I. LEGISLATIVE POWER 4. If two interpretations of a statute are available, the
one that will help Congress achieve its goals should
• Vested in the legislative power be used.
• Has the authority to make, alter or repeal laws. 5. Laws governing pleading, practice, and procedure
are liberally construed in order to advance their goals
TWO KINDS OF LEGISLATIVE POWER and help the parties get just outcomes to every
1. Original Legislative Power – belongs to the action and process in a timely manner at a
sovereign people and it is supreme reasonable cost.
2. Derivative Legislative Power – delegated power 6. A judge cannot refuse to issue a ruling due to a law's
by the sovereign people to the legislative branch silence, obscurity, or insufficiency. (New Civil Code,
and lesser to the original power of the people Article 9). In other words, he must make a decision
on the case that has been given to him whether or
not he is aware of the applicable legislation. A court
II. JUDICIAL POWER may nonetheless rely on the following in the event
that the laws are silent, obscure, or insufficient:
Traditional judicial power refers to the authority to
settle justiciable issues or disputes involving enforceable a) Customs which are not contrary to law,
and demandable rights or the redress of wrongs for public order or public policy;
violating such rights. However, the entire judicial power b) Court decisions, foreign or local, in similar
now vested by our Constitution "in one Supreme Court cases
and in such lower courts as may be established by law" c) Legal opinions of qualified writers and
is comprised of the traditional concept of judicial power professors
as previously mentioned, including the duty of the courts d) General principles of justice and equity
of justice "to determine whether or not there has been e) Rules of statutory construction
a grave abuse of discretion amounting to lack or excess
of jurisdiction on any part of any branch or III. EXECUTIVE POWER
instrumentality of the Government." This is what is
meant and referred to as the Supreme Court's increased
jurisdiction over other branches of the government for Article VII, Section 1 of the 1987 Constitution
checks and balances. provides that the executive power shall be vested in the
Philippine President. He shall be the most powerful and
DUTIES OF THE JUDICIARY DEPARTMENT the most influential person in the country subject to no
other restraints than to comply with the law and the
1. When the law is clear, the court's duty is to apply it, Constitution. The executive power of the President is to
not to interpret it. enforce and administer a law regardless of his doubts on
2. The judge has a responsibility to implement the law the validity of a law until declared unconstitutional .
impartially. It is assumed that the law-making body
intended for right and justice to prevail in cases of Powers of the President
doubt over the interpretation or application of the a) Control over all executive departments, bureaus,
laws. and offices
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Statutory Construction
b) Be the Commander-in-Chief of all the armed 2. Preamble - The section of the statute after the title
forces of the Philippines. and before the enacting clause that specifies the
c) Be the Chief Executive of the Philippine law's purposes. It can't expand authority or fix
government, and the heads of the different statutory flaws.
executive departments (Cabinet). 3. Words, Phrases and Sentences, Context - The
d) Be the Steward of the People. This is the residual legislature's intent must be deduced from the
power he has to protect the general welfare of statute's words, phrases, and sentences. The law's
the people. The President's responsibility to meaning should be drawn from the entire act, not
uphold and defend the Constitution gives him from isolated words, phrases, clauses, or sentences.
this authority. It could also be seen as a power 4. Punctuation - It's a low-level aid in interpreting a
that comes with the President's responsibility to statute's language and can't override the printed
ensure that the laws are faithfully carried out. word's meaning. If the punctuation of a statute gives
it a fair and evident legislative meaning, it may be
Each department has specific powers that used to support accepting the literal meaning of the
it can use to restrain the others from going punctuated terms.
beyond their constitutional authority. As a 5. Headings and Marginal Notes - If the statute's
result, a system of checks and balances meaning or content is obvious, they will defeat the
ensures an equilibrium between headers, especially if the headings were produced by
governmental powers. compilers and not the legislators.
6. Legislative Definition and Interpretation - The
courts should follow the legislature's definition and
meaning of statutory terminology, following these
rules:
CHAPTER 2 • If a statute instructs courts how to interpret it in
Aids in Interpretation and Construction case of doubt, they must do so;
• In case of contradiction between interpretation
clauses and legislative meaning, the latter
USE INTRINSIC AIDS BEFORE prevails;
RESORTING TO EXTRINSIC • A term is used consistently throughout the
AIDS, and BEFORE INDULGING legislation;
TO PRESUMPTIONS • Legislative definitions of identical terms in other
statutes may be used unless a law clearly limits
their applicability to that statute.
Aids in Determining the Intention of the Legislature
1. Intrinsic Aids – Elements found in the law itself. II. EXTRINSIC AIDS
2. Extrinsic Aids – Facts or matters not found in the law
3. Presumption – Based on logic or established 1. Contemporaneous Circumstances - These were the
provision of law conditions when the law was enacted:
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Statutory Construction
Q. Are lawmakers' personal opinions adequate 8. Construction by the Bar and Legal Commentators -
construction aids? It is assumed that the interpretation of a statute that
has been publicly provided by lawyers is accurate
A. They're not good building aids. However, if both and should not be easily modified. As they are
proponents and detractors agree on the objective, frequently mentioned or used as references in court
the discussions may be cited as evidence of the act's decisions, the opinions and commentaries of text
intent. writers and legal commentators, whether they are
Filipino or foreigners, may also be consulted.
4. Contemporaneous and Practical Construction -
Those who lived at the time the law was passed knew
its conditions and motives. Their understanding and Extrinsic aids, like the ones stated above, are to
application of the law should be examined by the be treated with respect, and weight, but the
courts, especially if continued and acquiesced by courts are free to determine whether or not they
judicial tribunals and the legal profession. apply to the case that is being heard.
5. Executive Construction - The executive branch's
long-standing construction should be honored,
following these rules:
a) Congress was aware of the officers'
contemporaneous and practical
construction of the statute
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Statutory Construction
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Statutory Construction
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Statutory Construction
1. IT IS A RULE OF CONDUCT - Laws act as a person's • Moral Law - Rules dictating what is right and
compass while interacting with others and their evil based on human conscience and eternal
community. law.
2. LAWS MUST BE JUST - In order to maintain the • Divine Law - any set of laws that are believed
stability of the social order, the New Civil Code now to have come from a transcendent source,
specifically incorporates the chapter on human such as the will of God or Gods, as opposed
relations. In order for laws to come close to their to laws that were created by humans or that
highest goal, which is the sway and dominion of are part of the secular system of law.
justice, they "should run as golden threads through o Divine Positive Law i.e., Ten
society." Commandments,
3. IT MUST BE OBLIGATORY—If laws are not upheld, o Divine Human Positive Law i.e.,
their intended function will not be achieved. Commandments of the church
4. LAWS MUST BE PRESCRIBED BY AUTHORIZED
PERSONS - Laws cannot be expected to be followed 3. Public Law - an act of legislation that has an
by the people if they are not established by impact on the general population.
legitimate authority. Those lawfully elected by the
people's sovereign will are given the power to • Constitutional Law - is the fundamental law
establish laws. This is in accordance with Section 1, of the land, which defines the powers of the
Article II of the Philippine Constitution, which states government.
that "all governmental authority comes from the • Administrative Law - that law which fixes
people, whose sovereignty resides therein." the organization and determines the
5. LAWS MUST BE ORDAINED FOR THE COMMON competence of the administrative
BENEFIT - This affirms the well-known Latin maxim authorities and which regulates the methods
"SAL US POPULI EST SUPREMA LEX" (the welfare of by which the functions of the Government
the people is the supreme law). Laws ought to be are performed.
applied to all citizens, not just one specific group. All • International Law - body of rules, which
residents are expected to get the same treatment regulates the community of nation.
under them, regardless of their political views,
religious beliefs, or socioeconomic background. 4. Private Law - a system of regulations that
establishes duties, rights, and obligations as well
CLASSIFICATION OF LAW as the ways and means of bringing legal action to
uphold rights or correct wrongs.
1. Natural Law - The power and authority that a. Substantive private laws - rules that define
come from adhering to this law come directly the parties' legal relationships when the
from God. Over other laws, it is superior. In all courts have been properly prompted to act
nations and at all times, it is enforceable based on properly submitted evidence. ( e.g.
throughout the entire world. Civil Code)
b. Procedural or adjective private laws - refers
2. Positive Law - human-made laws that oblige or to the strategies and tactics used to engage
specify an action. the courts, present the evidence to them,
and carry out their rulings. (e.g. Rules of
• Physical law - is the universal rule that Court)
regulates non-free, material things.
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Statutory Construction
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Statutory Construction
correlate to certain activities and which leaves no Amendatory act - a formal or official modification
discretion to a judge. made to a statute, agreement, charter, or other
b) Directory - statutes that function to grant a legal document. Its foundation is the verb amend,
person discretion, i.e., the freedom to act in which means to improve. Parts of these
accordance with their own judgment and agreements may be added, deleted, or updated by
conscience and not be constrained by the amendments. They are frequently employed when
judgment of others. altering the existing document is preferable than
writing a new one.
III. AS TO PERFORMANCE 3. Reference statute - Reference statutes are laws
1. Permanent – also called perpetual statutes. A that cite other laws and make them applicable.
perpetual statute is one for the continuance of Their purpose is to incorporate other laws by
which there is no limited time, although it be not reference and adoption.
expressly declared to be so Declaratory statute - A law that clarifies prior law
2. Temporary - statutes that were enacted with a by reconciling opposing judicial decisions or
specific temporal limit in mind. If it isn't repealed explaining its meaning. Declaratory statute
earlier, it remains in effect until the time of its announces existing law without suggesting
limitation has passed. Temporary laws can be amendments. Declaratory statutes clarify the law
applied in unusual circumstances. when its interpretation is ambiguous.
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Statutory Construction
A bill's title need not be a catalog or index of its contents 7. Date of Effectivity
or recount the Act's features. A suitable title describes
the nature, extent, effects, and operation of the OTHER LAWS
proposed law in broad yet plain terms.
1. PRESIDENTIAL ISSUANCES - The term "presidential
2. Preamble - The section of a statute after the title and issuances" does not just apply to executive
before the enacting clause that explains the law's orders.They also include general or special orders,
purpose. administrative orders, memo orders, memo
circulars, and executive orders. These declarations
Three basic points to remember: will become a part of the legislation of the land.
1. A preamble does not create a right nor does it
grant any right 2. ORDINANCES - Ordinances and resolutions may be
2. It is not a source of government power passed by the respective Sangguniang Barangay,
4. It is not an essential part of the statute.
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Statutory Construction
Sangguniang Bayan, Sangguniang Panglungsod, and creation, be limited to the exercise of the powers
Sangguniang Panlalawigan legislative body. suitable to its own department and no other.
Departments must be independent and equal. Complete
EFFECTIVITY OF LAWS separation and mutual independence do not mean that
those in power in one department can treat the acts of
WHEN SHALL A LAW TAKE EFFECT? those in authority in the other as nugatory and not
All laws, including those with local application obligatory in every other department.
and private laws, must be published before becoming
effective, and this requirement must be met. The three government departments aren't
Reason: Failure to publish violates the constitution's due completely separate. Each department has various
process provision. Before any judgment is rendered powers to prevent another from exceeding
against somebody, there must be notice and a chance to constitutional authority. The Supreme Court must
be heard under the concept of due process of law. sometimes decide if a law is constitutional. In such
circumstances, the Supreme Court applies its judicial
WHO ARE SUBJECT TO PHILIPPINE LAWS? review power and reaches a final decision.
• Citizens of the Philippines, even those who reside
overseas, must abide by laws pertaining to family As the defender of our Constitution, the
rights and obligations or to a person's position, Supreme Court is the last recourse for
condition, or legal capacity. (Article 15, NCC) unconstitutionality claims. If there is any other way to
• Real and personal property are subject to local decide a case, it will strive to avoid constitutionality.
legislation. Always presume the statute's constitutionality. The law
• Intestate and testamentary successions, including was likely studied and carefully considered before being
the sequence of succession, the quantity of passed.
successional rights, and the inherent legality of
testamentary provisions, are governed by the No constitutional question will be addressed in
national law of the decedent, regardless of the this jurisdiction unless the following judicial
nature of the property or the country in which it is requirements are met:
located. (Article 16, NCC) 1. There must be a genuine case or dispute;
• Matters regarding remedies, such as bringing suit, 2. The appropriate party must bring up the
admissibility of evidence, and statute of limitations, constitutionality issue;
rely on the law of the place where the claim is 3. The constitutional issue needs to be brought up
brought. 13 Phil. 236 as soon as possible.
4. The case's determination must depend on the
outcome of the constitutional question.
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Statutory Construction
Constitutional issues must generally be presented in the When part of a statute is void as repugnant to Organic
pleadings to be considered at trial. law, the valid portion, if separate from the invalid, may
stand and be enforced.
Exceptions to this rule:
1. Criminal courts can bring constitutional issues at any What is a valid portion separable?
time. When a law can stand alone, it's detachable. In
2. Constitutional questions can be addressed in civil this scenario, it's likely that the legislature would have
disputes at any point if necessary. enacted it on its own if it thought it could constitutionally
3. Constitutional questions can be addressed at any do so.
point if they implicate court jurisdiction, except in
cases of estoppel. WHAT IS THE EFFECT OF A STATUTE WHICH
IS DECLARED UNCONSTITUTIONAL?
DECISION OF THE CONSTITUTIONAL QUESTION
IS NECESSARY TO DETERMINE THE CASE ITSELF There are two (2) schools of thought on this question.
A constitutional question may have been raised, but the 1. ORTHODOX VIEW— Article 7 of the Civil Code states
Supreme Court may not resolve it because the issue is that "where the courts pronounce a statute
political or because the petitioner was estopped from contradictory with the Constitution, the latter shall
challenging the law's validity. The Supreme Court will govern." Unconstitutional acts, whether legislative
intervene only if there are no other grounds for a ruling. or executive, bestow no rights, impose no duties, and
In each case, court investigation requirements must be offer no protection. This view is supported by the
met. constitutional idea that legislative and executive acts
are valid. The legislative, executive, and judicial
EFFECT OF UNCONSTITUTIONAL STATUTE branches cannot act contrary to the Constitution.
Any power exercised in contravention of its
Whether the law is wholly or partially unconstitutional provisions is invalid.
will determine the implications. 2. THE SECOND VIEW - the Supreme Court ignores
unconstitutional laws. It does not repeal, supersede,
IF TOTALLY DECLARED UNCONSTITUTIONAL revoke, or cancel the statute.
First View - An unconstitutional act is not a law; it confers WHAT IS THE EXTENT OF JUDICIAL POWER TO
no rights, imposes no obligations, gives no protection, DECLARE THE UNCONSTITUTIONALITY OF
and creates no office. It is inoperative as if it had never ASSAILED LEGISLATIVE AND EXECUTIVE ACTS?
been passed
Second View - An unconstitutional act is not a law; it Our courts, especially the Supreme Court, can
confers no rights, imposes no obligations, gives no declare unconstitutional acts that violate the
protection, and creates no office. It is inoperative as if it Constitution. Out of regard for the idea of separation of
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Statutory Construction
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