Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
STATUTORY CONSTRUCTION 6. Review of law
1C Midterms Reviewer
• In case of doubt, a statute should be reviewed as to
Atty. Victor Alimurung
ascertain its scope or meaning.
1. Ratio Legis ( Reason of the law) • In the case of MAPECON , the Fertilizer and Pesticides
• If there is a clash between the words of a statute and its Authority (FPA) was meant only to cover agricultural
purpose, a deviation from the words may be necessary. pesticides as opposed to urban pest control. Thus, FPA had
• In the case of Chinabank , the bank accounts law did not no jurisdiction over MAPECON.
intend to prohibit garnishment for valid purposes, as taken 7. Wisdom or Practicality of law
from the deliberations in Congress. • The more practical interpretation of the law is favoured.
2. Dura Lex Sed Lex ( The law is harsh, but it is the law) • In RCBC vs. IAC , the Supreme Courts first decision was
• Requires that the law is just, equally applies to all, and that RCBC, as BF Homes’ preferred client, cannot exercise
attains social justice. such privilege when BF Homes filed for rehabilitation as it
• In Echegaray vs. Secretary of Justice , the penalty of death would destroy the very purpose of rehabilitation.
by lethal injection was upheld by the Supreme Court as a 8. Executive or Administrative Interpretation
penalty for statutory rape. • Executive or administrative interpretation while not
3. Index animi sermo ( Speech is the index of the mind) controlling nor binding before the Courts are nonetheless
• Valid presumption that the words employed by legislation persuasive.
correctly expresses its intent by its usage of words. • In UP v. CA the Court took judicial notice of the fact that
• In Del Mar vs. PAGCOR , the Supreme Court held that CSC authorities endorsed the administrative cases to the
jaialai was clearly not included in the enumeration by University which solidified the latter’s argument on its
looking at both the words of the statute and legislative jurisdiction over said dismissal cases.
history. 9. Literal Interpretation
4. Verba legis non est recedendum (From the words of a • A literal interpretation is to be rejected if it would be unjust
statute, there should be no departure) or would lead to absurd results (B
ello v. CA ).
• A law cannot be interpreted to extend to matters outside of • In Salaria vs. Buenaviaje , the Presidential Decree
its scope. explicitly intended to suspend Art. 1673 of the Civil Code.
• In Bengson vs. HRET , it was clear that the qualifications Thus, Salaria cannot be ejected.
for the members House of Representatives did not intend 10. Valid in part, void in part
that “naturalborn citizen” means only those natural by • When part of a statute is declared inoperative, the valid
birth and not by repatriation. portions of the same statute remain in effect.
5. Ut res magis valeat quam pereat (It is better for a thing to • In Tatad vs. Secretary of Energy , the provision of EO392
have effect than to be made void) “adding the depletion of the OPSF Fund as a factor in
• Interpretations that validate are favoured over those that determining full implementation of the deregulation of the
invalidate. oil industry.” When the parts of the statute are so mutually
• In the case of JMM Productions , the Supreme Court’s dependent and connected as conditions, considerations,
interpretation that section 6 complements sections 4 and 17 inducements, or compensations for each other as to
of the POEA Rules validated the law. Thus, JMM was still warrant a belief that the legislature intended them as a
required to post an additional appeal bond. whole, the nullity of one part will vitiate the rest. The
proviso on tariff differential, inventory and predatory
pricing was held constitutionally infirm and this being a
principal prop of the Oil Deregulation Act, the Court must • In the case of Casco, even though legislative deliberations
strike down the entirety of the Act. mentioned “urea AND formaldehyde”, it was not upheld as
11. Contra Preferentem ( Ambiguity construed against the the intent of the legislature.
party who cause it) 17. Noscitur a sociis (The meaning of a word may be known
• In case of doubt in contracts, it should be construed against from the accompanying words)
the one who made or drafted it. 18. And/Or
• In Reyes vs. Dela Cruz , the ambiguity between fair market 19. Retroactivity
value and assessed value of the estate was interpreted • Generally, laws have no retroactive effect unless expressed,
against the party that drafted the contract, thus it was and unless no rights are violated, also when in favour of the
interpreted as fair market value, which was higher than the accused in the case of penal laws.
assessed value. • In Espiritu vs. Cipriano , the Supreme Court stated that
12. Ubi lex non distinguit, nec nos distinguere debemus RA6126 cannot be retroactively applied because no
(Where the law does not distinguish, the Court should not provision in the statute warranted such retroactive effect.
distinguish) 20. Casus omissus pro omissu habendus est (A case omitted
• Courts cannot add to any valid classification or distinction is held to be as intentionally omitted)
which the law does not contemplate. 21. Computation of time
• In Colgate vs. Gimenez , the Supreme Court ruled that since • New Civil Code, Art. 13: “…years are of 365 days; months
the law did not distinguish between “Stabilizer and of 30 days; days of 24 hours; and nights from sunset to
flavours” used in the preparation of food and those used in sunrise.”
toothpaste, the Court could not make any distinction, and • Administrative Code of 1987, Chapter 8 § 31: “Legal
thus must construe the words in their general sense. Periods Year shall be understood to be 12 calendar
13. Mandatory/Directory/Probiture months; month of 30 days, unless it refers to a specific
14. Expressio units est exclusio alterius (When one or more calendar month in such case it shall be computed according
things of a class are expressly mentioned, others of the to the number of days which the specific month contains;
same class are excluded) day of 24 hours; and night from sunset to sunrise.”
15. Ejusdem generis ( Of the same kind or nature) • In the case of Primetown , the Supreme Court ruled that
• If an enumeration of items of the same kind is followed by Primetown had filed the application for tax refund within
a general term (ex. and others, etc., …), the latter should be the reglementary period of 2 years. Specifically, the filed
construed as to mean those of the same kind. such on the 731st (last) day, by virtue of the 12calendar
• In the case of Cagayan Valley Enterprise, Inc ., the patent month provision in the Administrative Code.
law mentioned “soda water, mineral or aerated waters,
cider, milk, and other lawful beverages” to which the
Supreme Court ruled that liquor was included because the
contention of Cagayan was that liquor was an unlawful
beverage was erroneous.
16. Statement of individual legislator
• Such are persuasive, but not determinative of the intent of
the legislature as a whole.