STATUTORY CONSTRUCTION REVIEWER
- there is ambiguity when there is doubtfulness,
CHAPTER ONE
 Statutory Construction
- (shortened) The art of determining the
intention of the legislature in passing the law
and applying it to a given set of facts.
- (book) The art or process of
discovering and expounding the meaning and
intention of the authors of the law with respect
to its application to a given case, where that
intention is rendered doubtful, among others, by
reason of the fact that the given case is not
explicitly provided for in the law.
 Construction
- the drawing of conclusions with
respect to subjects that are beyond the direct
expression of the text from elements known and
given in the text
 Interpretation
- the process of discovering the true
meaning of the language used
(The purpose of construction and interpretation
is to ascertain and give effect to the legislative
intent.)
 Legislative
- legislative power is vested in the
Congress of the Philippines, which shall
consist of a Senate and a House of
Representatives.
- makes the law
 Executive
- executive power is vested in the
President of the Philippines
- executes the law
 Judiciary
- judicial power is vested in one Supreme
Court and in such lower courts as may
be established by law
- interprets the law
Duty of the Court to Construe and Interpret the Law;
Requisites:
(1) There must be an actual case or controversy
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(2) There is an ambiguity in the law involved
doubleness of meaning, duplicity, indistinctiveness, or
uncertainty of meaning of an expression used in a
written instrument.
(3) The party filing must be the proper party in interest
(4) There must be a prayer for the resolution of the
controversy
The duty of the court is to apply the law. When the law is
clear and unequivocal, the Court has no other alternative
but to apply the law and not to interpret it (Verba Legis).
The Court cannot shy away from applying the law when
no interpretation is needed no matter how harsh the law
may be (Dura Lex Sed Lex).
Illustrative Case:
Lito Corpuz v. People of the Philippines
ISSUE: WON the court can adjust the penalties provided
under the law to prevent injustice.
HELD: No. There seems to be a perceived injustice
brought about by the range of penalties that the courts
continue to impose on crimes against property
committed today, based on the amount of damage
measured by the value of money eighty years ago in
1932 (ART 5 of RPC). This Court cannot modify the
said range of penalties because that would constitute
judicial legislation. What the legislature’s perceived
failure in amending the penalties provided for in the said
crimes cannot be remedied through this Court’s
decisions, as that would be encroaching upon the power
of another branch of the government.
Verily, the primordial duty of the Court is merely to
apply the law in such a way that it shall not usurp
legislative powers by judicial legislation and that in
the course of such application or construction, it
should not make or supervise legislation, or under
the guise of interpretation, modify, revise, amend,
distort, remodel, or rewrite the law, or give the law a
construction which is repugnant to its terms. The
Court should shy away from encroaching upon the
primary function of a co-equal branch of the
Government; otherwise, this would lead to an
inexcusable breach of the doctrine of separation of
powers by means of judicial legislation.
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 Director of Lands v. Court of Appeals
ISSUE: WON the land registration court can validly
confirm and register the title of private respondents in
the absence of publication in a newspaper of general
circulation.
HELD: No. the law used the term “shall” in prescribing
the work to be done by the Commissioner of Land
Registration upon latter’s receipt of the court order
setting the time for initial hearing. The said word
denotes an imperative and thus indicates the mandatory
character of a statute. While concededly such literal
import ultimately depends upon its context in the entire
provision, we hold that in the present case the term must
be understood in its normal mandatory meaning.
When the law is clear, it is not susceptible of
interpretation. It must be applied regardless of who
may be affected, even if the law may be harsh or
erroneous.
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Secretary of the Department of Public Works and
Highways and District Engineer Celestino R.
Contreras v. Sps. Heracleo and Ramon Tecson
ISSUE: WON just compensation should be based on the
value of the property at the time of the taking.
HELD: Yes. In the previous similar cases, just
compensation due respondents-movants in this case
should, therefore, be fixed not as the time of payment
but at the time of taking in 1940 which is P.070 per
square meter and not P1,500.00 per square meter, as
valued by the RTC and CA.
Equity and equitable principles only come into full play
when a gap exists in the law and jurisprudence. The first
fundamental duty of the Court is to apply the law.
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People of the Philippines v. Mario Mapa
ISSUE: WON the appointment to and holding of the
position of a secret agent would constitute a sufficient
defense to a prosecution for the crime of illegal
possession of firearm and ammunition.
HELD: No. No provision is made for a secret agent. As
such, he is not exempt. The duty of the Courts is to
apply the law disregarding their feeling of sympathy
or pity for the accused.
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People of the Philippines v. Patricio Amigo
FACTS: Accused-appellant Amigo was charged and
convicted of murder by the RTC Davao City and was
sentenced to the penalty of reclusion perpetua. He
claims that the penalty is too cruel and harsh as a
penalty and pleads for sympathy.
HELD: Courts are not the forum to plead for sympathy.
The duty of the Courts is to apply, disregarding their
feeling of sympathy or pity for an accused. Dura lex sed
lex. The remedy is elsewhere – clemency from the
executive or an amendment of the law by the
legislative –but surely at this point, this Court cannot
but apply the law.
Hermeneutics is the science or art of construction and
interpretation.
The kinds of Hermeneutics, as classified by Dr. Lieber, are
the following:
 Close Interpretation
- interpreting the text in its narrowest
meaning, also known as the literal interpretation.
 Extensive Interpretation
- adopts a more comprehensive
signification of the words, also called the liberal
interpretation.
 Extravagant Interpretation
- substitutes a meaning beyond the true
one. It is not genuine interpretation.
 Free or Unrestricted Interpretation
- proceeds simply on the general
principles of interpretation in good faith, not
bound by any superior principle.
 Limited Interpretation
- influenced by other principles
 Predestined Interpretation
- happens if the interpreter makes the
text subservient to his preconceived views and
desires.
CHAPTER TWO
- A statute starts with a bill. A "bill" is a draft of a
proposed law. It becomes an "act" once it has been
acted on and passed by the legislature. It then becomes
a statute, or the written will of the legislature.
How a Bill becomes a Law:
(a) A member of the National Assembly may introduce
the proposed bill who will schedule it for the first
reading.
(b) First reading - the bill is read by its number and title
only.
(c) After the first reading, the bill is referred to the
Speaker for study. The appropriate committee will call all
necessary parties to get their reaction regarding the
proposed bill. If there is an unfavorable report, then the
bill is dead.
(d) Upon favorable action, it is calendared for the second
reading.
(e) In the second reading, the bill is read in its entirety.
(f) Immediately after, the bill is open for debates where
members can propose amendments and insertions to
the proposed bill.
(g) The bill is then printed in its final form and
distributed to the members of the National Assembly.
(h) The bill is scheduled for the final reading. At this
stage, no amendments are allowed. The title of the bill is
read and they all vote on the bill.
(i) After the bill is passed, it is submitted to the President
for approval. If approved, he will sign it. If not, he vetoes
it and returns it with amendments. If approved by 2/3 of
the members, it becomes a law.
Constitutional Test in the Passage of a Bill
comprehensive enough as to include the general object,
which the statute seeks to effect. The Court has
invariably adopted a liberal rather than technical
construction of the rule “so as not to cripple or impede
legislation.”
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II. No bill passed by either House shall become a law
unless it has passes three (3) readings on separate days,
and printed copies of it in its final form has been
distributed to each member.
+ Reason for "three readings" and "no amendment.":
- This rule is designed to prevent hasty and improvident
legislation and afford the legislators time to study and
deliberate the measures.
(The only exception is when the President certifies the
necessity of the immediate enactment of the bill to meet
a public calamity or emergency)
III. The executive approval and the veto power of the
President is the third requirement. It is mandatory.
- Every bill passed by the Congress shall be presented to
the President. If he approves, he will sign it. If not, he
vetoes it, returning it to its original house, where it will
become a law if two-thirds approve of the bill and its
amendments.

- There are limitations in the enactment of a statute such

as no ex post facto law or bill of attainder must be
enacted. But here are the three very important Parts of a Statute: TPEBRSSE
constitutional requirements:
(a) Title
I. Every bill passed by Congress shall embrace only
(b) Preamble
one subject which shall be expressed in the title
thereof (Art. VI, Sec. 26 (1), 1987 Constitution) (c) Enacting Clause

Illustrative Case:
(d) Body

Remman Enterprises, Inc. v. PRBRES and PRC (e) Repealing Clause

ISSUE: WON RA 9646 is unconstitutional for being (f) Saving Clause

violative of the “one title-one subject” rule under Article
VI, Section 26 (1) of the Philippine Constitution. (g) Separability Clause

HELD: No. the Court ruled that the one-subject (h) Effectivity Clause
requirement under the Constitution is satisfied if all the
parts of the statute are related, and are germane to the
subject matter expressed in the title, or as long as they Kinds of Statutes:
are not inconsistent with or foreign tot the general
subject and title. An act having a single general subject, (a) General Law - affects the community at large
indicated on the title, may contain numerous provisions,
(b) Special Law - designed for a particular purpose
not matter how diverse they may be, so long as they are
not inconsistent with or foreign to the general subject. (c) Local Law - operates over a particular locality only
The rule is sufficiently complied with if the title is
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(d) Public Law - a general classification of law, consisting
generally of constitutional, administrative, criminal, and
international law. May be general, local, or special.
(e) Private Law - defines, regulates, enforces, and
administers relationships among individuals,
associations, and corporations
(f) Remedial Statute - a statute providing means to
redress wrongs and obtain relief
(g) Curative Statute - retrospective legislation which
operates upon past events, acts, or transactions in order
to correct them and to render valid and effective many
attempted acts which would have been ineffective.
(h) Penal Statute - defines criminal offenses and specifies
corresponding fines and punishments
(i) Prospective Law - applicable only to cases which shall
arise after its enactment
(j) Retrospective Law - made to affect acts 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 that prohibits a thing from being done
(l) Mandatory Statute - characterized by "shall". They
require, not merely permit, a course of action.
 Judicial Doctrine
- establishes the contemporaneous
legislative intent that the interpreted law carried
into effect.
 Express Repeal
- the abrogation or annulling of a
previously existing law by the enactment of a
subsequent statute which declares that the
former law shall be revoked and abrogated.
 Implied Repeal
- happens when later statute containing
provisions so contrary to or irreconcilable with
those of the earlier law that only one of the two
statues can stand in force.
+ Article 7 of the Civil Code of the Philippines provides:
"Laws are repealed only by subsequent ones and their
violation or non-observance shall not be excused by
disuse, or custom or practice to the contrary."
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 Ordinance
- An ordinance is an act passed by the
local legislative body in the exercise of its law-
making authority. A local law.
Tests of valid ordinance:
(1) It must not contravene the Constitution or any statute
(2) It must not be unfair or oppressive
(3) It must not be partial or discriminatory
(4) It must not prohibit but may regulate trade
(5) It must be general and consistent with public policy
(6) It must not be unreasonable
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 Role of Foreign Jurisprudence:
- When a foreign law was not properly
pleaded or proved, the presumption of identity
or similarity, otherwise known as the processual
presumption, comes into play. The presumption
is that foreign law is the same to ours.
Illustrative Case:
Norma Socorro v. Ernst Johan Van Wilsem
FACTS: Petitioner and respondent were married and had
a child. They separated when the son, Roderigo, was only
18 months old. Thereafter, Petitioner and son went home
to the Philippines.
Even though respondent made promises to provide
monthly support, he failed to do so ever since petitioner
and son arrived at the Philippines.
ISSUE: WON a foreign national has an obligation to
support his minor child under Philippine law.
HELD: Yes. Even though respondent argues that Dutch
law governs him given he is a Netherland national when
it comes to laws on the matter of provision and capacity
to support, the fact that he was unable to properly prove
this means that the Court will rule under the doctrine of
processual presumption. Therefore, in the case at bar, he
is obliged to support his child and risk being penalized if
he does not comply, as stated under Philippine Laws.
 CHAPTER THREE
 Legislative Intent
- The object of all interpretation and
construction of statutes is to ascertain the
meaning and intention of the legislature, to the
end that the same may be enforced.
Illustrative Case:
Socorro Ramirez v. Hon. Court of Appeals and Ester
Garcia
FACTS: A civil case for damages was filed by petitioner
after being berated and humiliated by respondent in
respondent's office. In support of her claim, she
produced a verbatim transcript based on a tape
recording made by the petitioner.
In retaliation, respondent filed a criminal case against
Ramirez for violation of RA 4200, or the "Anti Wire-
Tapping Act." Upon arraignment, Ramirez files a Motion
to Quash, stating that as one of the parties of the
conversation, she is not violating the law by recording
the conversation.
ISSUE: WON RA 4200 applies to taping of a private
conversation by one of the parties to a conversation.
HELD: Yes. The law makes no distinction as to whether
the party sought to be penalized is part of the
conversation or not. It is covered under the word "any."
See: Section 1 of RA 4200, "It shall be unlawful for any
person, not being authorized by all parties to any private
communication or spoken word, to tap any wire or cable,
or by using any other device or arrangement, to secretly
overhear, intercept, or record such communication or
spoken word by using a device commonly known as a
dictaphone or dictagraph or detectaphone or walkie-
talkie or tape recorder, or however otherwise described."
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 Verba Legis
- If the nature of the statute is clear,
plain, and free from ambiguity, it must be given
its literal meaning and applied without
interpretation.
Illustrative Case:
Globe-Mackay Cable and Radio Corporation v. NLRC
and Imelda Salazar
FACTS: Petitioner GMCR placed private respondent
under preventive suspension for one month, asking her
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to explain, but instead of explaining, respondent filed a
case against petitioner for illegal suspension, illegal
dismissal, and etc.
After hearing, Labor Arbiter ordered petitioner company
to reinstate respondent and pay her full back-wages and
other benefits, and moral damages. Petitioners appealed.
HELD: In the case at bar, the law is on the side of the
private respondent. In the first place, the wording of the
Labor Code is clear and unambiguous: "An employee
who is unjustly dismissed from work shall be entitled to
reinstatement... and to his full backwages." Again, if the
law is clear, there is no need for interpretation.
 Statutes as a Whole
- Legislative Intent must be ascertained
from a consideration of the statute as a whole
and not merely of a particular provision. A
general provision may actually have a limited
application if read together with other
provisions.
- In interpreting a statute, care should
be taken that every part be given effect.
- Ut res magis valem quam pereat -
construction is to be sought which gives effect to the
whole of the statute--its every word.
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 Spirit and Purpose of the Law
- When the interpretation of a statute according
to the exact and literal import of its words would lead to
absurd or mischievous consequences, it should be
construed according to its spirit and reason, disregarding
or modifying the strict letter of the law if necessary.
Illustrative Case:
Elena and Bernardino Salenillas v. Hon. Court of
Appeals
FACTS: Sps. Enciso were grantees of free patent. They
sold their land to their daughter, Elena Salenillas. The
petitioners mortgaged the property as security for a
loan. upon failure of payment, in pursuant to Act No.
3135, the property was sold at a private auction.
It was bought by William Guerra. When the property was
to be placed in the possession of private respondent,
petitioners refused to move and surrender possession of
the lot; but instead offered to repurchase it.
ISSUE: WON petitioners have the right to repurchase
the contested property.
HELD: Yes. The petitioners can repurchase the contested
property, for Sec. 119 of the Public Land Act specifies
that “every conveyance of land acquired under the free
patent or homestead provisions, when proper shall be
subject to repurchase by the applicant.
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 Implications
- Though it may not need to shut out
every other conclusion, it must be one, which,
under all circumstances is compelled by a
reasonable view of the statute, and the contrary
of which would be improbable or absurd.
Although it is not explicitly stated as part of the
law, it is included nonetheless.
+ Doctrine of necessary implications: what is implied
in a statute is as much a part thereof as that which is
expressed.
Illustrative Case:
Lydia Chua v. Civil Service Commission, National
Irrigation Administration
FACTS: Republic Act 6683 was approved, providing for
the early retirement of government officials. Chua filed
an application but was denied by the NIA. They contend
that this was because petitioner had a co-terminous
(contractual) employment.
ISSUE: WON petitioner's status as co-terminous
employee is excluded from the benefits of RA No. 6683.
HELD: No. A co-terminous employee is a non-career civil
servant, like casual and emergency employees. It will be
noted that RA 6683 expressly extends its benefits for
early retirement to regular, temporary, casual and
emergency employees. The legislature would not have
made a specific enumeration in a statute had not the
intention been to restrict its meaning and confine its
terms and benefits to those expressly mentioned.
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 Casus Omissus
- When a statute makes specifics provisions in
regard to several enumerated cases or objects,
but omits to make any provision for a case or
object which is analogous to those enumerated.
Illustrative Case:
People of the Philippines v. Guillermo Manantan
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FACTS: Respondent was charged of violation of
Section 54 of the Revised Election Code in
Pangasinan.
ISSUE: WON a justice of the peace is included in
the prohibition of Section 54 of the REC.
HELD: Yes. Although respondent claims that due to
the omission of the term "justice of peace" in the
REC from the previous Sec. 449 of the RAC, they are
not prohibited anymore, the SC says that it was not
omitted at all, but merely replaced by a general
term. The rule of casus omissus can operate and
apply only if and when the omission has been
clearly established.
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 Stare Decisis
- The policy of courts to stand by
precedent and not disturb settled points.
When a court has once 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 where facts are
substantially the same.
Illustrative Case:
Rommel C. Arnado v. Commission on Elections and
Florante Capitan
FACTS: Petitioner Arnado was a PH-born citizen but lost
his citizenship after he was naturalized in the US.
Subsequently, in his plans to run for public office in the
Philippines, Arnado applied for repatriation under RA
9225. He took an oath and he executed an Affidavit of
Renunciation of his foreign citizenship. His opponents
filed a petition for his disqualification on the grounds
that he remained a US citizen because he was still using
his US passport upon entry and exit from the Philippines,
even after executing his affidavit.
While the case was pending, he ran and eventually won.
This happened twice, on 2010 and 2013.
ISSUE: WON the doctrine laid down in Maquiling case is
applicable.
HELD: The petition is without merit. The circumstances
surrounding the qualification of Arnado to run for public
office on both years are the same. The doctrine of
Maquiling, therefore, is binding on and applicable to this
case following the doctrine of stare decisis.
+ Doctrine of Maquiling - using a US/foreign passport
after you have executed an Affidavit of Renunciation is a
voluntary decision to undo your affidavit.
CHAPTER FOUR
 When the law does not distinguish, courts
should not distinguish (ubi lex non distinguit
noc nos distinguere debomos)
- General words and phrases in a statute
should ordinarily be accorded their natural and
general significance. Courts are not allowed to
distinguish where the law makes no distinction.
Illustrative Case:
Juanito Pilar v. Commission on Elections
FACTS: Petitioner filed his candidacy on March 22, 1992.
On March 25, he withdrew his certificate of candidacy.
The COMELEC imposed upon petitioner the fine of
10,000 for failure to file his statement of contributions
and expenditures.
Petitioner argues that he cannot be held liable for failure
to file a SCE because he was a non-candidate.
ISSUE: WON the petitioner can be considered a
candidate despite the withdrawal of his certificate of
candidacy.
HELD: Petitioner's argument is without merit. Section 14
of RA 7166 states that "every candidate" has an
obligation to file his SCE. In the case at bench, as the law
makes no distinction as to whether the candidate
pursued his candidacy or withdrew the same, the term
"every candidate" must be deemed to refer not only to a
candidate who pursued his campaign, but also to one
who withdrew his candidacy.
As a rule, the word "shall" in a statute implies that the
statute is mandatory, whereas "may" is simply directory.
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 Exceptions in the Statute
- When the law does not make any
exception, courts may not except something
unless compelling reasons exist to justify it.
Illustrative Case:
Cecilio de Villa v. Court of Appeals
FACTS: On October 5, 1987, petitioner was charged with
violation of BP 22, the Bouncing Checks Law. It is
undisputed that the check in question was executed and
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delivered by the petitioner to private responded at
Makati.
Petitioner contends that the check in question was
drawn against the dollar account of petitioner with a
foreign bank and therefore not covered by BP 22.
HELD: It will be noted that the law does not distinguish
the currency of the check. The mere issuance of the
check already violates BP 22. Where the law does not
make any exception, courts may not except something
unless compelling reasons exist to justify it.
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 General and Special terms
- General terms in a statute are to
receive a general construction, unless restrained
by the context or by plain inferences. Special
terms in a statute may sometimes be expanded
to a general signification by the consideration
that the reason of the law is general.
Illustrative Case:
Colgate-Palmolive Philippines, Inc. v. Hon. Pedro M.
Gimenez as Auditor General
Facts: Colgate-Palmolive pay a 17% special excise tax for
their imports, pursuant to RA 601. On March 1956, the
petitioner filed with the Central Bank three applications
for refund amounting to Php 113, 343.99. The claim was
based on Sec. 2 of RA 601, which states "foreign
exchange used as payment of the cost, transportation,
and/or other charges incident to the importation into
the Philippines of stabilizer and flavors shall be refunded
to any importer making application."
The refundable amount was lessened to Php 23,958.13
but the petition was still denied by the Auditor General,
maintaining that the term "stabilizer and flavors" only
refer to food and food products.
ISSUE: WON the foreign exchange used by petitioner for
the importation of dental cream stabilizers and flavors is
exempt from the 17% special excise tax.
HELD: Yes. Since the law does not distinguish between
"stabilizers and flavors" used in the preparation of food
and those used in the manufacture of toothpaste and
dental cream, we are not authorized to make any
distinction and must construe the words in their general
sense. The rule of construction that general and
unlimited terms are restrained and limited by particular
recitals when used in connection with them, does not
require the rejection of general terms entirely.
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  Ejusdem Generis
- where general words follow an enumeration or
persons or things, such general words are not to
be construed in their wildest extent. Broad and
comprehensive expressions in an act, such as
"and all others," or "any others," are usually to
be restricted to persons or things of the same
kind or class with those specially named in the
preceding words.
- The rule of ejusdem generis is merely a tool of
statutory construction which is resorted to when
the legislative intent is uncertain.
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 Express Mention and Implied Exclusion
(expresso unius est exclusio alterius)
- the express mention of one person, thing, or
consequence is tantamount to an express
exclusion of all others.
- Except:
(a) when there is manifest of injustice
(b) when there is no reason for exception
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 Associated Words (noscitur a sociis)
- Associated words explain and limit each other.
The meaning of a doubtful word or phrase may
be ascertained by reference to the meaning of
other words of phrase with which it is associated.
- Similar to context clues
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 Use of Negative Words
- Negative words (shall) and phrases are
regarded as mandatory while those in the
affirmative (may) are mere directory.
- The word "shall" emphasizes mandatory
character and means imperative, operating to
impose a duty which may be enforced.
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 The Use of the Word May and Shall in the
Statute
- Use of the word “may” in the statute generally
connotes a permissible thing, and operates to
confer discretion while the word “shall” is
imperative, operating to impose a duty which
may be enforced.
- The term “shall” may be either as mandatory or
directory depending upon a consideration of the
entire provision in which it is found, its object
and consequences that would follow from
construing it one way or the other.
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 Use of the Word “Must”
- The word “must” in a statute like “shall” is not
always imperative and may be consistent with an
exercise discretion.
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 The Use of The Term “And” and the Word
“Or”
- “And” means conjunction connecting words or
phrases expressing the idea that the latter is to
be added or taken along with the first.
- “Or” is a disjunctive particle used to express as
alternative or to give a choice of one among two
or more things. It is also used to clarify what has
already been said, and in such cases, means “in
other words,” “to wit,” or “that is to say.”
- The word "only" means exclusive.
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 Computation of Time
- When the laws speak of years, months, days or
nights, it shall be understood that years are of
three hundred sixty five days each; months of
thirty days; days of twenty –four hours; and
nights from sunset to sunrise.
- If months are designated by their name, they
shall be computed by the number of days which
they respectively have.
- In computing a period, the first day shall be
excluded, and the last day included (Art. 13,
New Civil Code).
- A “week” means a period of seven
consecutive days without regard to the day of
the week on which it begins.
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 Function of the Proviso
- Proviso is a clause or part of a clause in the
statute, the office of which is either to except
something from the enacting clause, or to
qualify or restrain its generality, or to exclude
some possible ground of misinterpretation of its
extent.
- “Provided” is the word used in introducing a
proviso.