Statutory Construction

Chapter I transition from a law's enactment to its translation is

made possible through interpretation.
Statutory Construction, Its Concept,
The purpose of interpretation is to make
Purpose and Effect clear the meaning of any uncertain terms used in in-
laws and statutes. By using various theories of
STATUTORY CONSTRUCTION interpretation to determine which would go against
the literal meanings of those laws, it may be possible
This is the act or process of discovering and to fix inconsistencies in in-laws.
expounding meaning and intention of the authors of the Interpretation involves looking at broader
law with respect to its application to a given case, where legal context of a statute within its text or the use of
the intention is rendered doubtful, among others, by intrinsic aids.
reason of the fact that a given case is not explicitly
provided in the law. 3. Construction
It usually translates the meaning of a legal
METHODS OF LEGAL INTERPRETATION text into a set of legal norms. In other words, it is
deriving meaning from a subject that cannot be
1. Literal understood from the text alone.
One of the primary and basic rules in Construction in law is the process of
statutory construction is that. Where the words of a providing a legal explanation that clarifies the
statute are clear, plain, and free from ambiguity, it meaning of complex and difficult phrases found in
must be given its literal meaning and applied without legislation and provides a conclusion based on logic
attempted interpretation. The literal rule if statutory and reasoning. After reviewing the meaning of the
construction, as its name implies, requires that the text's terms, a court draws conclusions. The purpose
court interpret the law literally. It is also known as of construction is to determine how a legal text will
the grammatical rule or the plain-meaning rule. The be interpreted legally.
statute's contents must be interpreted strictly, word After interpreting a statute's text with the
by word. The Statute typically includes "definitions" aid of intrinsic aids, construction entails examining
to avoid ambiguity. If a specific meaning is provided the statute's legal context—this time with the aid of
in the defining clause, only that specific meaning extrinsic aids.
should be applied.
RULES IN INTERPRETING THE LAW
2. Interpretion
The Latin word "interpretari," which Interpret the Construct the
Apply the Law
meaning to comprehend, elaborate, explain, and Law Law
translate, is the source of the English word When the law is When the When the law
"interpretation." The process of explaining or clear, apply it. law is unclear and its
but its provisions are
translating a text is called interpretation.
When is the law provisions still unclear
Interpreting a statute simply requires being
clear? It is clear are enough after using
aware of the law. A court's goal is to apply the law in when its to find its intrinsic aids,
a way that is appropriate for each instance, not just provisions are meaning and construe it by
to read it. As a result, it is a procedure that courts not doubtful, effect, resorting to
utilize to determine both the actual implications of And, is not interpret it. extrinsic aid,
an act or document and its intended purpose. The subject to or those found

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 Statutory Construction

several To interpret outside of the WHO INTERPRETS THE LAW?

interpretations. the law language of
means going the law. The delicate duty of determining the relevance
over its of a constitutional or statutory provision, an executive
provisions What if the order, a procedural rule, or a municipal ordinance falls to
and finding law and its the JUDICIARY. It performs a function that is equally
its meaning provisions are
important to the two other departments in upholding
and effect by both unclear?
the law. It needs to speak with one voice in order to
using intrinsic To solve this,
aids, or those there is a need guarantee consistency in legal interactions and prevent
found in the to use misunderstandings. It does this in a definitive and logical
law itself. extrinsic aids. manner through the Supreme Court, the highest judicial
In interpreting body. Its judgments are clear and binding on those who
the law with hold lesser positions in the judicial hierarchy.
the use of
extrinsic aids, PURPOSE OF INTERPRETATION AND CONSTRUCTION
the rules of
construction is Interpretation and construction have the same
applied. purpose and that is to ascertain and give effect to the
legislative intent.
An example of
extrinsic aid is
WHEN IS IT NECESSARY TO INTERPRET AND
the minutes of
the CONSTRUCT
deliberations
during the 1. When compared to a particular set of facts, the
passage of the language of the statute is unclear, questionable, or
law. ambiguous;
2. When the interpretation of the words used in the
THREE CARDINAL RULES WHEN SUBJECTING THE statute is disputed by reasonable people.
WONRDS OF THE CONSTITUTION INTO
INTERPRETATION

I. VERBA LEGIS – states that, unless otherwise

specified, words used in the Constitution must be
given their ordinary meaning.
II. RATIO LEGIS EST ANIMA – states that, in cases
of ambiguity, the wording of the constitution shall be
construed in conformity with the intention of its
framers.
EFFECTS OF POWERS OF THE BRANCHES OF THE
III. UT MAGIS VALEAT QUAM PEREAT – implies
GOVERNMENT IN INTERPRETATION AND
that the Constitution should be understood as a CONSTRUCTION OF STATUTES
whole, but if the plain meaning of a term is not found
to be clear, turn to other available aids. The presidential form of the Philippine Government
consists of the Executive, Legislative and Judicial Branch

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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:

• Historical context of the law's enactment

I. INTRINSIC AIDS
• Old law
• Evils the law seeks to rectify
1. Title - The law's topic. It can help write laws, but it's
not controlling and has little weight. • People's customs

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 Statutory Construction

b) Unless plainly wrong, courts should respect

These factors led to the law's passage. The contemporaneous construction.
person reading the law should put himself in the c) Executive construction has additional weight
shoes of people who used the terms in question and if supplied by the Chief Legal counsel of the
experience the atmosphere, conditions, and reasons government, who can issue views to help
why the legislation was enacted. law-enforcement agencies.
d) The Chief Legal Advisor's judgment is
2. Policy - The law's general policy or state policy can subservient to the judiciary, which applies
help interpreters determine the legislature's and interprets legislation.
objective. If a law is enacted today or in a few years,
it will be necessary to determine why it was enacted, 6. Legislative Construction - Legislative construction
the conditions, the prevailing sentiment of the deserves importance and weight, but it cannot
people, the State's policy, and the executive order constrain the court's right to interpret the law.
issued by the Office of the President preceding the
legislative enactment; or the times and the damaging 7. Judicial Construction - The lawmakers likely knew
and horrible situations behind conducts, will shed and considered court interpretations of previous
light on the legislature's intention in enacting said laws on the matter. It is also assumed that the Act
law. was enacted in light of the preceding judicial
construction. It's presumed that a law adopted from
3. Legislative History of the Statute - Such history is another state was accepted with the construction
available in committee reports, stenographic given by its courts. This should be followed if it's
records, and legislative debates. reasonable, just, and consistent with local law.

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

III. PRESUMPTION to avoid injustices that may be justified by legal

interpretation.

The court may make logical, human, common

5. Presumption Against Inconsistency - The
sense, and legal presumptions. If legislative intent is
legislature's mind is believed to be consistent. In case
clear, this presumption is unnecessary.
of doubt, an interpretation should be applied that
makes all law provisions consistent with one another
KINDS OF PRESUMPTIONS
and the entire act. A word or phrase repeated in a
statute will have the same meaning until a distinct
1. Presumption of Validity - Every law passed by the
intention arises.
legislature is presumed lawful since lawmakers
should have examined its validity. "Ubi lex non distinguit, nee nos
Every statute's legitimacy is determined by the
distinguere debemos"
legislature, and the court should resolve any - when the law does not distinguish, we should not
presumptions in its favor. When a statute's distinguish.
legitimacy is doubtful, the courts cannot rule against
the legislature's conclusion. The courts must assume
that the legislature carefully reviewed the law before 6. Presumption Against Absurdity - It's considered that
adopting it. Statutes shouldn't be judged invalid the legislator doesn't intend absurdity. The courts
unless they violate state fundamental laws. must interpret the law to avoid absurdity. When
possible, a legal provision should not be viewed as a
2. Presumption of Constitutionality - Every state law is superfluous surplusage that adds nothing to the law
presumed constitutional. Always assume or has no effect on it.
constitutionality. To doubt is to sustain. If a law is
unconstitutional, courts can declare it invalid. It's the
essence of separation of powers and checks and 7. Presumption Against Ineffectiveness - Presumably,
balances. In executing this job, the judicial branch of the legislature won't pass useless or ineffectual laws.
the government is just ensuring that other It's assumed that it seeks to make its laws
departments haven't surpassed their institutional operational and effective. Two significant statutory
jurisdiction. construction rules apply here:
a) When there are two possible interpretations of a
3. Presumption of Good Faith - In interpreting a statute, the one that upholds the legislation's
legislation, it is assumed that the legislator had good legality must be used rather than the one that
intentions. Presumptions exist that the legislature would make it unconstitutional.
operated in good faith, from patriotic and just b) When there are two or more possible
reasons, and to disregard civil and political liberties interpretations of a statute's language, one of
of the people. which would render it ineffective or inefficient
and the other of which would tend to carry out
4. Presumption Against Injustice - In doubtful cases of the legislature's clear objective, the
law interpretation or application, right and justice interpretation that tends to accomplish the goal
are supposed to prevail. (Article 10, Philippine Civil for which the legislation was passed shall have
Code) The Code Commission explains: It's precedence.
"essential" so that right and justice can prevail when
the law is unclear. It will reinforce the courts' resolve

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8. Presumption Against Irrepealable Laws - It is inconsistency is obvious, compelling, and

believed that the legislative body does not intend for irreconcilable.
its legislation to be permanently binding. Legislation
cannot be limited or made irrevocable by the 12. Presumption of Acquiescence to Judicial
legislature. The obvious explanation is that in the Construction - If a statute has been interpreted in a
future, needs and circumstances will undoubtedly certain way by a court and has not been changed or
change from what they are today. amended by the legislative body, it is assumed that
the legislature has agreed with that interpretation.
9. Presumption Against Implied Repeals - Implied
repeals aren't favored. Before a statute can repeal 13. Presumption of Jurisdiction - Unless there are
another by implication, it must meet two conditions: specific words or a necessary implication to the
contrary, a statute will not be construed in such a
1. That the statute touch the same subject matter; way as to oust or limit the jurisdiction of superior
2. That the later statute is repugnant to the earlier courts, or to vest additional jurisdiction in them.
one.
Remember these three repeal rules: 14. Presumption of Acting Within the Scope of
a) Laws are repealed only by future ones, and Authority - The legislature is assumed to have
non-observance is not justified by disuse, operated within the confines of its power. Therefore,
custom, or practice. (New Civil Code, Article if a statute is open to more than one reading, the
7) court should follow the interpretation that places the
b) When a law that expressly repeals another statute within the legislative competence's bounds.
law is repealed, the previous legislation is
not revived unless expressly stated. When a 15. Presumption Against Violation of International Law
law repeals a preceding law by implication, it - In accordance with Section 2, Article II of the 1987
revives it unless the repealing statute says Constitution, it is assumed that a statute complies
otherwise. with the norms and principles of international law or
c) A general law doesn't repeal a special law with treaties.
unless clearly provided or they're
incompatible.
Chapter III
10. Presumption Against Violation of Public Policy - It is Laws, Concepts and Classification
assumed that the legislature intends to promote and
foster public policy that is founded on the principles
of natural justice, good morality, and the established
I. Law Defined
In its broadest definition, the word "law" refers
wisdom of the law as applied to everyday matters of
to any set of rules or standards of behavior that apply to
life, rather than to oppose it.
all kinds of actions and all things created. It encompasses
all laws in this sense, whether they are related to federal
11. Presumption of Knowledge of Existing Laws - The
law, state law, natural law, divine law, or other laws.
body responsible for establishing the law is deemed
Law is defined in a strict legal sense as a fair and
to be fully aware of all related laws at the time of
binding code of behavior that is established by an
doing so. As a result, if two laws on the same subject
authorized body for everyone's benefit and observance.
are passed at different times, the later one cannot be
According to this definition, law includes the following
said to have revoked the earlier one unless the
components:

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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

SOURCES OF LAW In the Philippines, we follow STARE

DECISIS, which implies that once a case is
1. LEGISLATION – It is the legitimate authorized determined, another case containing the same
body to make laws as the authors of laws subject or point of law shall be decided the same
emanating from these legislative bodies is the way. This idea doesn't mean erroneous or illegal
sovereign people of the state. decisions must be upheld. They should be
discarded.
2. PRECEDENT - This means that a court of
competent jurisdiction's rulings or principles on II. Statutes
a legal subject serve as guidance and authority The legislature passes statutes. They are actually
for all other courts of equal or inferior the bills that have been submitted to Congress for review
jurisdiction in all instances involving the same and approval. These bills became statutes after being
topic unless overruled or reversed by a superior finally ratified by Congress and the President of the
court. In the Philippines, "stare decisis" is not Philippines. The presidential decrees made under martial
recognized as in common law countries. Our new law and the 1973 Constitution are additional laws that
Civil Code states: "The Philippines' legal system have the same legal authority as statutes.
includes judicial decisions applying or
interpreting the legislation or Constitution. x x x" KINDS OF STATUTES
(Article 8, NCC)
Although Supreme Court decisions are I. AS TO NATURE
binding on lesser courts, the court has often a) Penal statutes - statutes that defines a offense and
reversed itself, either entirely or partially. The prescribes its corresponding fine, penalty, or
next Supreme Court decision always modifies or punishment. It is a statute that calls for a penalty
overturns the previous one. as opposed to one providing for a remedy for a
wronged party. ( Revised Penal Code)
3. CUSTOM - Customs only become law after long, b) Remedial statutes - statutes enacted to cure a
uninterrupted use by society. In the Philippines, defect in a prior law
custom must meet certain requirements. They c) Substantive statutes - law that creates or defines
are the following: rights, duties, obligations, and causes of action that
a) Customs must be proven as facts (Article can be enforced by law (Civil Code)
12, NCC) d) Labor statutes - statues specifying responsibilities
b) Customs must be legal (Article 11, NCC); and rights in employment, particularly the
c) There must be repeated, uniform acts; responsibilities of the employer and the rights of
d) There must be judicial intent to make a the employee. ( Labor Code)
social rule. e) Tax statutes – statutes under which a public
e) A custom must be accepted and authority has a claim on taxpayers, requiring them
endorsed by society via lengthy and to transfer to the authority part of their income or
uninterrupted use. property. (Tax law)

4. COURT DECISION - In the Philippines, judicial II. AS TO APPLICATION

rulings that apply or interpret the Constitution a) Mandatory - A law which requires specific
and statutes are not laws. Despite not being compliance with its terms or has set amounts that
laws, judicial rulings show how the law is
interpreted.

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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.

IV. AS TO SCOPE HOW ARE STATUTES IDENTIFIED

1. General - a law that is unrestricted as to time, is
applicable throughout the entire territory subject A statute's identity relies on who enacted it.
to the power of the legislature that enacted it,
and applies to all persons in the same class • The Philippine Commission and Philippine
2. Special - statutes which has reference to a Legislature passed Public Acts from 1901 until 1935.
particular person, place, or interest; a private law; • Commonwealth Acts are those passed during 1936-
- in distinction from a general law or public law. 1946.
3. Local - statutory laws made by local governments • The Philippine Congress enacted Republic Acts from
to regulate a broad range of issues within their 1942 to 1972.
communities • BP means Batas Pambansa.
• President Ferdinand E. Marcos issued PD or
V. OTHER CLASSIFICATIONS Presidential Decrees under martial law.
1. Prospective - Looking forward; contemplating the • The titles or serial numbers of each statute serve as
future. A law is said to be when it is applicable only a means of identification.
to cases which shall arise after its enactment.
Retroactive - A statute that removes or degrades SEVEN PARTS OF A STATUTE
vested rights, imposes new duties or obligations,
or affects past transactions or legal actions. 1. Title - Part of a statute that presents a general
Retroactive laws are not favored, and unless statement of and brings attention to an act's subject
expressly stated, it is assumed that law is not matter, so legislators and the public can be assessed
meant to apply retrospectively. and questioned about it.
2. Repealing act - laws that force a subsequent law or
constitutional amendment to abolish an existing
law. Also known as ABROGATION.

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 Statutory Construction

Section 26(1) of Article VI of the Constitution

specifically requires that "Every bill passed by the 3. Enacting Clause - This section of the law identifies
Congress shall embrace only one subject which shall the enacting authority. The enacting clause is not
be expressed in the title thereof." crucial to the law's legality, but it gives it dignity by
stating the authority that issued it.
Purposes of having one subject in the Title
1. To prevent hodge-podge or log rolling legislation 4. Body - It contains the subject matter of the statute.
2. To prevent surprise or fraud upon the legislature
3. To fairly apprise the people of the subjects of 5. Exceptions and Provisos - It is a clause that is
legislation being considered so that they may have introduced to a law with the intention of limiting or
the opportunity of being heard thereon, if they shall qualifying the generality of the language that
so desire. follows.

6. Interpretative Clause - the section of a law where

Hodge-Podge or Log Rolling the legislature either specifies the terminology or
establishes guidelines for its interpretation.
It's a mischievous legislative practice to include in one
bill numerous distinct items, none of which may have
Repealing Clause - that section of the law that
the legislator's approval, and then pass it by
combining the minorities in favor of each measure declares the legislature's intention to repeal a
into a majority that will embrace them all. particular law or laws.

Separability Clause - This clause specifies that the

EFFECT OF VIOLATING SAID REQUIREMENT other sections or provisions of the law must not be
affected if for any reason any portion or provision of
Courts will nullify laws that violate this condition. This the statute is ruled to be unconstitutional or invalid.
criterion must be applied reasonably so as not to impede
important legislation. Saving Clause - This limits a repealing act and shields
already-existing authority, rights, and current legal
TEST OF SUFFICIENCY OF A TITLE actions from the repeal's effects.

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.

Chapter III ACTUAL CASE OR CONTROVERSY

VALIDITY AND CONSTITUTIONALITY OF
STATUTES There must be a legal dispute. It's not hypothetical,
academic, or moot. It must be a real case that enables
particular relief and definite determination of legal
The three branches of government have
rights.
different duties. The persons entrusted with power in
any of these branches shall not trespass on the power
assigned to the others; each shall, by the statute of its

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 Statutory Construction

PROPER PARTY had never been passed A statute that is unconstitutional

is nonetheless a legislative act. A void law is widespread.
A proper person has been injured or is in danger of being The Supreme Court ignores unconstitutional statutes,
injured by the complained-of act. unlike municipal ordinances.

EARLIEST OPPORTUNITY IF PARTIALLY DECLARED UNCONSTITUTIONAL

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

powers, our courts have exercised discretion in declaring

the.ame to be entirely unconstitutional if it is still
conceivable, for example, to salvage the valid sections of
a statute from those they deem illegal and
unconstitutional.
In this way, the legislature's will is carried out, and the
cardinal rule that right and justice should prevail is
emphasized.

REQUISITES FOR DECLARATION OF PARTIAL

UNCONSTITUTIONALITY

Partial unconstitutionality is valid if two requirements

are met:
1. 1 That the legislature is willing to keep the valid part
if the remainder is illegal; and
2. Valid portions can stand alone as a statute.

If a statute contains a separability clause, the

legislature will keep the legitimate parts. This paragraph
states that if a law provision is found unlawful or
unconstitutional, the rest of the act remains unaffected.
Even without such a clause, the remaining valid
provisions of the statute must express the legislative will
independently of the void part as the court cannot
legislate.

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