PACASUM, PRINCE MUADDIB MIKUNUG

STATCON MIDTERM EXAM

FCJ 303

Thursday 7:30 – 9:30

1. a. Discuss the operationalization of Article 8 through contrasting legis

interpretato legis vim obtinet and stare decisis eta movere. More importantly,
cite issues, which may have occurred as their offshoot.

Legis interpretatio legis vim obtinet means that the interpretation placed upon
the written law by a competent court has the force of law.

Stare decisis eta movere means follow past precedents and do not disturb what
has been settled. It is a doctrine that when a court has laid down a principle of law as
applicable to a certain state of facts, it will adhere to that principle and apply it to all
future cases in which the facts are substantially the same, even though the parties
may be different.

In the case of Pesca v. Pesca1 the Court held:

The “doctrine of stare decisis,” ordained in Article 8 of the Civil Code, expresses
that judicial decisions applying or interpreting the law shall form part of the legal
system of the Philippines. The rule follows the settled legal maxim – “legis
interpretado legis vim obtinet” – that the interpretation placed upon the written
law by a competent court has the force of law. The interpretation or construction
placed by the courts establishes the contemporaneous legislative intent of the
law. The latter as so interpreted and construed would thus constitute a part of
that law as of the date the statute is enacted. It is only when a prior ruling of this
Court finds itself later overruled, and a different view is adopted, that the new
doctrine may have to be applied prospectively in favor of parties who have
relied on the old doctrine and have acted in good faith in accordance therewith
under the familiar rule of “lex prospicit, non respicit.”

1
G. R. No. 136921
b. Complete the matrix below in order to understand and appreciate legal
hermeneutics as an overarching framework for the construction and
interpretation of statutes.
Fundamental Aspect
Brief Description
of Legal Hermeneutics
Gnoseological This aspect maintains that
there are three (3) possible
sources of knowledge about
the outer world, including the
law: (1) Sentient experience (2)
Reason (3) Intuition.
Semiotic Legal semiotics which is a set
of theories studying legal sign
systems. The importance of
such type of legal signs as
legal symbols is widely
recognized. With its help, the
government influences its
Implication (cite case/s)
These three sources of
knowledge ultimately lead to
the following worldview
doctrines: materialism,
idealism, and intuitionism
which is close to the
phenomenology of law.
While the first perspective is
close to such theories as
Marxism and jurisprudence
of interests, the second one
is related to legal positivism
and jurisprudence of
concepts. As far as
intuitionism is concerned, it
stands closely to legal
existentionalism.
Any negative influence is
rejected by the human mind,
and the law largely consists
of prohibitions. To cope with
this defect, the government
drapes the law in images
and symbols capable of
causing influence: such as
 Fundamental Aspect
Brief Description
of Legal Hermeneutics
subjects at the subconscious
level.
Dialectical Any legal dispute represents a
conflict of fundamental
principles of law, which cannot
be resolved within the
framework of these principles
since the often point to
opposite directions.
Hermeneutics as a means of
dialectical synthesis of legal
antinomies is able to overcome
a contradiction between two
beliefs.
Anthropological Legal anthropology is a science Legal rules born by myths
about human being as a social
being taken in his legal
dimension and it studies legal
forms of social life of people
from the Ancient times until
today. Understanding of law is
ultimately the self-
understanding of society and
human being.
Axiological The law is always based on
certain social and legal values,
in the context of which legal
Implication (cite case/s)
judges’ robes, solemn
ceremony of the court
session, guards, and etc.
The principle of sovereignty
of states may come into
conflict with other principles
such as the principle of
equality of states and
principles of maintenance of
peace and international
security.
The principle of territorial
integrity of states may
conflict with the principle of
national determination.
and customs may require
interpretation for their best
application. Normally, the
interpreters are respected
members of the society and
senior individuals who are to
remind of the fundamental
rules or derive them from the
observational manner of
behavior.
Social and legal values
guide the hermeneutical
process and sets its
Fundamental Aspect
Brief Description
of Legal Hermeneutics
rules are interpreted and
applied.
Dialogical The hermeneutical process is
always dialogical since it
represents a dialogue between
the interpreter and the
interpreted.
Conflictological This function of legal
hermeneutics logically follows
from the function of law as a
means of resolution of conflicts
arising between interests of
subject of law.
Phenomenological In order to understand the law
as appearing in its distinct
branches, it is first necessary to of law as an a priori
create an eidetic sense of law
that would help to clarify the
initial subject of the law itself.
Implication (cite case/s)
margins. The law by itself is
also an important social
value.
Dialogical aspect of legal
hermeneutics is especially
vivid in international private
law where legal systems of
different states carry on a
dialogue to overcome
collisions between the
systems.
The problem of interpretation
of international treaties in
different language. Thus,
according to Article 33(4) of
the Vienna Convention on
the Law on Treaties, when a
comparison of the authentic
texts discloses a difference
of meaning, the meaning
which best reconciles the
text shall be adopted.
Adolph Reinach tried to
create such eidetic science
discipline. He wrote: An a
priori theory seems to be
absolutely necessary to
understand positive law as
such. Until we believe that
 Fundamental Aspect
Brief Description Implication (cite case/s)
of Legal Hermeneutics

positive law develops all

legal notions by itself, we will
face an unsolvable mystery.
The structure of positive law
could only be understood
through the structure of the
sphere that goes beyond
positive law.

2. Discuss the nature of statutes relative to functions, compositions, and

types. Cite and explain potential enablers and barriers to the formulation,
passage, and enactment of sound statutes.

Statute is an act of legislature as an organized body, expressed in the form,

passed according to the procedure, required to constitute is as part of the law of the
land.

The composition of a statute is as follows:

a. Title – the heading on the preliminary part, furnishing the name by

which the act is individually known. It is usually prefixed to the statute
in the brief summary of its contents.
b. Preamble – part of statute explaining the reasons for its enactment
and the objects sought to be accomplished. Usually, it starts with
“whereas”.
c. Enacting clause – part of statute which declares its enactment and
serves to identify it as an act of legislation proceeding from the proper
legislative authority. “Be enacted” is the usual formula used to start
this clause.
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. Repealing Clause - announces the prior statutes or specific
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 – provides that in the event that one or more
provisions or unconstitutional, the remaining provisions shall still be
in force.
h. Effectivity Clause – announces the effective date of the law

The different kinds of statues are the following:

a. General Law – affects the community at large. That which affects all
people of the state or all of a particular class.
b. Special Law – designed for a particular purpose, or limited in range
or confined to a prescribed field of action on operation.
c. Local Law – relates or operates over a particular locality instead of
over the whole territory of the state.
d. Public Law – a general classification of law, consisting generally of
constitutional, 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
officers of the state, to each other, and to private persons, and the
relations of state to one another. Public law may be general, local or
special law.
e. Private Law – defines, regulates, enforces and administers
relationships among individuals, associations and corporations.
f. Remedial Statute – providing means or method whereby causes of
action may be affectuated, wrongs redressed and relief obtained
g. Curative Statute – a form of retrospective legislation which reaches
back into the past to operate upon past events, acts or transactions
in order to correct errors and irregularities and to render valid and
effective many attempted acts which would otherwise be ineffective
for the purpose intended.
 h. Penal Statute – defines criminal offenses specify corresponding fines
and punishments.
i. Prospective Law – applicable only to cases which shall arise after its
enactment
j. Retrospective Law – looks backward or contemplates the past; one
which is made to affect acts or facts occurring, or rights occurring,
before it came into force.
k. Affirmative Statute – directs the doing of an act, or declares what
shall be done in contrast to a negative statute which is one that
prohibits the things from being done, or declares what shall not be
done.
l. Mandatory Statutes – generic term describing statutes which require
and not merely permit a course of action.

There are three (3) very important constitutional requirements in the enactment
of statute:

1. Every bill passed by Congress shall embrace only one subject which
shall be expressed in the title thereof. The purposes of this
constitutional requirements are:

• To prevent hodge-podge or log-rolling legislation;

• To prevent surprise or fraud upon the legislature; and

• To fairly apprise the people, through such publications of

legislative proceedings as is usually made, of the subjects of
legislation that are being considered, in order that they may have
opportunity of being heard thereon by petition or otherwise, if they
shall so desire.
2. No bill passed by either House shall become law unless it has passed
three readings on separate days, and printed copies thereof in its
final form have been distributed to each member three days before
its passage.
3. Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. The executive approval and veto power
 of the President is the third important constitutional requirement in
the mechanical passage of a bill.

3. Discuss how national legislative bodies process the enactment of

statutes (passage, authentication, enrollment, and in some cases, withdrawal of
bills). Describe and explain the process how the passage of an (ordinary) bill is
done in contrast with appropriations and revenue bills.

Passage of a bill:

a. First Reading:

A member of either house may introduce the proposed bill to the

Secretary of such house who will calendar the same for the first reading.
In the first reading, the bill is read by its number and title only. After the
first reading, the bill is referred to the appropriate committee for study.
At this stage, the appropriate 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
considered. Should there be an unfavorable report of the committee,
then the proposed bill is dead. Upon favorable action by the committee,
the bill is returned to the house where it originated and shall be
calendared for the second reading.

b. Second Reading:

In the second reading, the bill is read in its entirety. Immediately after
the second reading, the bill is set for open debates where members of
such house may propose amendments and insertions to the proposed
bill. After the amendments, the bill will be voted on second reading. After
the approval of the bill in its second reading and at least three (3)
calendar days before its final passage, the bill is printed in its final form
and copies thereof distributed to each of the members. The bill is then
calendared for the third and final reading.

c. Third Reading:
 At this stage, no amendment shall be allowed. Only the title of the
bill is read and the members of such house will then vote on the bill by
yeas or nays. After the third and final reading at one House where the
bill originated, it will go to the other House where it will undergo the same
process.

If the other house introduces amendments and the house from which
it originated does not agree with said amendments, the differences will
be settled by the Conference Committee of both chambers, whose report
or recommendation thereon will have to be approved by both Houses in
order that it will be considered passed by Congress and thereafter sent
to the President for action.

d. Submission to the President:

After the bill has been passed, it will be submitted to the President
for approval. If he disapproves, he shall veto it and return the same with
his objections to the house where it originated.

If after such disapproval, two-thirds of all members of the originating

house agrees to pass the bill, it shall be sent together with the objections
to the other house by which it shall likewise be reconsidered, and if
approved by two-thirds of all the members of that house, it shall become
a law.

Every bill passed by Congress shall be acted upon by the President

within thirty (30) days from receipt thereof. Otherwise, it shall become a
law.

Authentication of the bill is the signing by the Speaker and the Senate
President of the printed copy of the approved bill, to signify to the President that the
bill being presented to him has been duly approved by the legislature and is ready for
his approval or rejection.

Enrollment of the bill takes place when the bill passed by Congress has been
authenticated by the Speaker and Senate President and approved by the President.
Under the enrolled bill doctrine, the text of the act as passed and approved is deemed
importing absolute veracity and is binding on the courts. It is conclusive not only of its
provisions but also of its due enactment.

Withdrawal of the bill. The Speaker and the Senate President may
withdraw their signatures from the signed bill where there is serious and substantial
discrepancy between the text of the bill as deliberated and shown by the Journal and
that of the enrolled bill. It thus, renders the bill without attestation and nullifies its status
as an enrolled bill.

In the case of Astorga v. Villegas2, the Senate President and President

withdrew their signatures on House Bill (H.B.) 9266 because the enrolled copy of H.B.
9266 signed into law by the President was a wrong version of the bill actually passed
by the Senate. Thus, the Court declared that the bill has not been duly enacted and
did not accordingly become a law.

Procedure for enactment of appropriations and revenue bills is the same

with ordinary bills, but it may only come from the House of Representatives.
Appropriation bills are subject to the restrictions or qualifications as provided in the
Constitution, specifically Article VI Sections 25 and 27 (2).

4. Discuss and explain the considerations national legislative bodies take

into account, which affect or, to some extent, determine the validity or invalidity
of statutes.

A statue may be declared invalid or unconstitutional because of the following

reasons:

a. It is not within the legislative power to enact

b. It creates or establishes methods or forms that infringe constitutional
principles
c. Its purpose or effect violates the Constitution
d. It is vague. It is vague when it lacks comprehensive standards that
men of common intelligence must necessarily guess at its meaning
and differ in its application.

2
G.R. No. L-23475
 e. The change of circumstances or conditions may affect the validity of
some statues, especially those so-called emergency laws designed
specifically to meet certain contingencies.

With respect to ordinances, the test of validity are:

a. Must not contravene the constitution or any statute

b. Must not be unfair or oppressive
c. Must not be partial or discriminatory
d. Must not prohibit but may regulate trade
e. Must be general and consistent with public policy
f. Must not be unreasonable