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CHAPTER I
PRELIMINARY CONSIDERATIONS
*upreme 'ourt is the one and only 'onstitutional 'ourt and all other
lower courts are statutory courts and such lower courts have the power
to construe and interpret written laws.
&f the law is clear and uneuivocal, the 'ourt has no other alternative
but to apply the law and not to interpret.
'onstruction and interpretation of law come only after it has been
demonstrated that application is impossible or inadeuate without them.
character
narrowest and formation of3his
meaning. the text
is induce as to known
generally take the as
words in the%
$ literal
interpretation.
4. -xtensive interpretation – also called as liberal interpretation, it
adopts a more comprehensive signification of the words.
6. -xtravagant interpretation – substitutes a meaning evidently beyond
the true one. &t is therefore not genuine interpretation.
7. 8ree or unrestricted interpretation – proceeds simply on he general
principles of interpretation in good faith, not bound by any specific or
superior principle.
9. (imited or restricted interpretation 2 influenced by other princ iples
than the strictly hermeneutic ones.
:. )redestined interpretation – takes place when the interpreter, laboring
under a strong bias of mind, makes the text subservient to his
preconceived views and desires.
LEGISLATI.E PROCEDURES
3he power to make laws is lodged in the legislative department of the
government.
i'' – is the draft of a proposed law from the time of its introduction in a
legislative body thro ugh all the vari ous stages in both houses. &t is
enacted into law by a vote of th e legislative body. An /Act0 is the
appropriate term for it after it has been acted on and passed by the
legislature. &t then becomes a statute, the writ ten will of the legi slature
solemnly expressed according to the form necessary to constitute it as
the law of the state.
'onstitution.
)assage of a bill in a parliamentary system unicameral assembly1"
a. A member of the ?ati onal Assembly may intr oduce the propo sed bill
to the *ecretary of the ?ational Assembly who will calendar the same
for the first reading.
b. &n the first reading, the bill is read by its number and title only.
c. After the first reading, the bill is referred by the *peaker to the
appropriate committee for study . At this sta ge, the appr opriate
committee will conduct pub lic hearings. 3hen after the public
hearings, the committee shall decide whether or not to report the bill
favorably or whether a substitute bill should be considered. *hould
there be an unfavorable report of the committee, then the proposed
bill is dead.
d. @pon favorable action by the commi ttee, the bill is retu rned to the
?ational Assembly and shall be calendared for the second reading.
e. &n the second reading, the bill is read in its entirety.
f. &mmediately after the seco nd reading, the bill is se t for open de bates
where members of the assembly may propose amendments and
insertions to the proposed bill.
g. After the appr oval of the bill in its sec ond reading and at least thr ee
61 calendar days before its final passage, the bill is printed in its final
form and copies thereof distributed to each of the members.
h. 3he bill is th en calendared for th e third and fina l reading. At this
stage, no amen dment shall be all owed. nly the titl e of the bill is
read and the ?ational Assembly will then vote on the bil l. @nder the
present 0<>=b 'onstitution, after the third and final reading at one
+ouse where the bill srcinated, it will go to the other +ouse where it
will undergo the same process.
i. After the bill has bee n passed, it wil l be sub mitted to the )rime
Minister )resident1 for approval. &f he disapproves, he shall veto it
and return the same with his objections to the ?ational Assembly
+ouse where it srcinated1, and if approved by two2thirds of all its
members, shal l become a law. @nder the present set2up, if the
srcinating house will agree to pass the bill, it shall be sent, together
with the objections to the other house by which it shall be likewise be
considered and must be approved by two2thirds of the votes. -very
bill passed by 'ongress shall be acted upon by the )resident within
thirty 6B1 days from receipt thereof. therwise, it shall become a law.
statute"
0. -very bill pas sed by 'ong ress shall embr ace only one sub ject which
shall be expressed in the title thereof. 3he purposes of thi s
constitutional reuirements are"
• 3o prevent hodge2podge or log2rolling legislationC
• 3o prevent surprise or fraud upon the legislatureC and
• 3o 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.
4. ?o bill passed by either +ouse 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.
6. -very bill pas sed by the 'ong ress shall, before it becomes a law, be
presented to the )resident. 3he executive approval and veto power of
the )resident is the third important constitutional reuirement in the
mechanical passage of a bill.
PARTS OF STATUTE
provisions
in force. or unconstitutional, the remaining provisions shall still be
h. E))ecti3ity C'ause – announces the effective date of the law.
$INDS OF STATUTES
0. Genera' La4 – affects the community at large. 3hat which affects all
people of the state or all of a particular class.
9. Prosecti3e La4 – applicable only to cases which shall arise after its
enactment.
3he *upreme 'ourt held that the $vagueness% doctrine merely reuires a
reasonable degree of certainty for the statute to be upheld222 not absolute
precision or mathematical exactitude. 8lexibility, rather than meticulous
specificity, is permissible as long as the metes and bounds of the statute
are clearly delineated
ORDINANCE
Or*inance – an act passed by the local legislative body in the exercise of
its law2making authority.
LEGISLATI.E INTENT
.ERA LEGIS
&f the language of the statute is plain and free from ambiguity, and
express a single, definite, and sensible meaning, that meaning is
conclusively presumed to be the meaning which the legislature intended
to convey.
STATUTES AS A !HOLE
• #hen the reason of the law ceases, the law itself ceases.
CASUS OMISSUS
STARE DECISIS
&t is the doctrine that, when court has once laid down a principle, and
apply it to all future cases, where facts are substantially the same,
regardless of whether the parties and properties are the same.
Stare Decisis. 8ollow past precedents and do not disturb what has been
settled. Matters already decided on the merit s cannot be relitigated
again and again.
“Stare decisis et non quieta movere” follow past precedents and do not
disturb what has been settled.
CHAPTER I.
CONSTRUCTION
!ORDS AND
ANDINTERPRETATION
PHRASES OF
#hen the law does not dis tinguish, courts should not distinguish. 3he
rule, founded on logic, is a corollary of the principle that general words
and phrases of a statute should ordinarily be accorded their natural and
general significance.
3he courts should administer the law not as they think it ought to be but
as they find it and without regard to conseuences.
#hen the law does not make any exception, courts may not except
something unless compelling reasons exist to justify it.
-xcept"
• #hen there is manifest of injustice
• #hen there is no reason for exception.
3he word $must% in a statute like $shall% is not always imperative and
may be consistent with an exercise discretion.
COMPUTATION OF TIME
&f months are designated by their name, they shall be computed by the
number of days which they respectively have.
&n computing a period, the first day shall be excluded, and the last day
included Art. 06, ?ew 'ivil 'ode1.
A $week% means a period of seven consecutive days without regard to the
day of the week on which it begins.
PRESUMPTIONS
3he theory is that, as the joint act of the legislative and executive
authorities, a law is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted.
All laws are presumed valid and constitutional until or unless otherwise
ruled by the 'ourt.
Judges do not and must not unfeelingly apply the law as it is worded,
yielding like robots to the literal command without regard to its cause
and conseuence.
PRESUMPTION AGAINST IMPLIED REPEALS
3he two laws must be absolutely incompatible, and clear finding thereof
must surface, before the inference of implied repeal may be drawn.
&n the interpretation of a statute, the 'ourt should start with the
assumption that the legislature intended to enact an effective statute.
adheres towith
and amity the all
policy of peace,
nations. Art. euality,
&&, *ec. 4,justice, freedom, cooperation,
)hil. 'onstitution1.
CHAPTER .I
INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION
INTRINSIC AIDS
&ntrinsic aids are resorted to only if there is ambigu ity. &n resorting to
intrinsic aids, one must go back to the parts of the statute" the title, the
preamble, context or body, chapter and section headings, punctuation,
and interpretation.
CHAPTER .II
E5TRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION
E5TRINSIC AIDS
3hese are existing aids from outside sources, meaning outside of the four
corners of the statute. &f there is any doubt as to the mean ing of the
statute, the interpreter must first find that out within the statute.
-xtrinsic aids therefore are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity in the statute.
INTRINSIC AIDS
&f the language of the statute is clear and uneuivocal, there is no need
to resort to intrinsic aids.
&n resorting to intrinsic aids, one must go back to the parts of the
statute.
3he intent of the law as culled from its preamble and from the situation,
circumstances and conditions it sought to remedy, must be enforced.
E5TRINSIC AIDS
-xtrinsic aids are existing aids from outside sources, meaning outside
from the four corners of the statute.
-xtrinsic aids are resorted to after exhausting all the available intrinsic
aids and still there remain some ambiguity in the statute.
3he best interpreter of the law or any of its provisions is the author of the
law.
CHAPTER .III
STRICT AND LIERAL CONSTRUCTION AND
INTERPRETATION OF STATUTES
GENERAL PRINCIPLES
;ut the rule of strict construction is not applicable where the meaning of
the statute is certain and unambiguous , for under these circumstances,
there is no need for construction.
n the other hand, there are many statutes which will be liberally
construed. 3he meaning of the statute may be extended to matters which
come within the spirit or reason of the law or within the evils which the
law seeks to suppress or correct.
PENAL STATUTES
)enal laws are to be construed strictly against the state and in favor of
the accused. +ence, in the interpretation of a penal statute, the
tendency is to subject it to careful scrutiny and to construe it with such
strictness as to safeguard the right of the accused.
&f the statute is ambiguous and admits of two reasonable but
contradictory constructions, that which operates in favor of a party
accused under its provisions is to be preferred.
TA5 LA!S
Any claim for exemption from a tax statute is strictly construed against
the taxpayer and liberally in favor of the state.
NATURALI:ATION LA!
INSURANCE LA!
RETIREMENT LA!S
ELECTION RULES
RULES OF COURT
ule of court shall be liberally construed in order to promote their
objective of securing a just, speedy and inexpensive disposition of every
action and proceeding.
CHAPTER I5
PROSPECTI.E AND RETROSPECTI.E STATUTES
GENERAL PRINCIPLES
3he 'ivil 'ode of the )hilippines follows the above rule thus" (aws shall
have no retroactive effect, unless the contrary is provided.
PENAL STATUTES
CURATI.E STATUTES
3hey are those which undertake to cure errors and irregularities and
administrative proceedings, and which are designed to give effect to
contracts and other transactions between private parties which otherwise
would fail of producing their intended conseuences by reason of some
statutory disability or failure to comply with some technical reuirement.
They are therefore retroactive in their character.
CHAPTER 5
CONFLICTING STATUTES
&t may happen that in a statute, conflicting clauses and provisions may
arise. &f such situation may occur, the statute must be construed as a
whole.
*tatutes that relate to the same subject matter, or to the same class of
persons or things, or have the same purpose or object.
&f both statutes are irreconcilable, the general statute must give way to
the special or particular provisions as an exception to the general
provisions.
3his is so even if the general statute is later enactment of the legislature
and broad enough to include the cases in special law unless there is
manifest intent to repeal or alter the special law.
&f there is conflict an ordinance and a statute, the ordinance must give
way.
&n
thecase of conflict between
'onstitutions, the latteran administrative order and the provisions of
prevails.
CHAPTER 5I
CONSTRUCTION AND INTERPRETATION OF THE
CONSTITUTION
*ome
commandconstitutions are merely
the legislature declarations
to enact of policies.
laws and carry out the3heir provisions
purposes of the
framers who merely establish an outline of government providing for the
different departments of the governmental machinery and securing
certain fundamental and inalienable rights of citi5ens.
others, to be
particular considered
subject are to alone, but that
be brought intoall provisions
view and to bebearing upon as
interpreted a
to effectuate the great purposes of the instrument.
6. 3he proper interpretation of the 'onstitution depends more on how it
was understood by the people adopting it than the framerEs
understanding thereof.
@nder 3+- 0<=6 'onstitution, those born of 8ilipino fathers and those
born of 8ilipino mothers with an alien father were placed on eual
footing. 3hey were both considered as natural2born citi5ens.
3he title expresses the general subject and all the provisions are germane
to the general subject.
SUPREMA LE5
&t is time2honored that the 'onstitution is the *upreme (aw of the land.
&t is the law of all laws. +ence, if there is conflict between a statute and
the 'onstitution, the statute shall yield to the 'onstitution.
STARE DECISIS
CONCLUSION