Statutory Construction Notes

STATUTORY CONSTRUCTION CHAPTER IPRELIMINARY CONSIDERATIONS STATUTORY CONSTRUCTION DEFINED Statutory Construction – the art or process of d i s c o v e r i n g a n d expounding the meaning and intention of the a u t h o r s o f t h e l a w w i t h 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. Justice Martin defi nes statutory construction as the art of seeking the intention of the le gislature in enacting a statute a n d a p p l y i n g i t t o a given state of facts .A judicial function is re qui re d when a statute is i n v o ke d and d i ff e r e n t interpretations are in contention. Difference between judicial legislation and statutory construction: Where legislature attempts to do several things one which is invalid, it may be discarded if the remainder of the act is workable and in no way depends upon the invalid portion, but if that portion is an integral part of t h e a c t , a n d i t s excision changes the manifest i n t e n t o f t h e a c t b y broadening its scope to include subject matter or territory which was not included therein as enacted, such excision is “judicial legislation” and not “statutory construction”. CONSTRUCTION AND INTERPRETATION, DISTINGUISHED Construction - is the drawing of conclusions with respect to subjects tha tare beyond the direct expression of the text, while Interpretation - is the process of discovering the true meaning of the language used. Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text. SITUS OF CONSTRUCTION INTERPRETATION In our system of government:

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• Legislative power is vested in the Congre ss of the Philippine s – t h e Senate and the House of the Representatives • Exe cuti ve powe r is veste d in t h e Pre s i d e n t o f t h e Re p u b l i c o f t h e Philippines (Art. VII, Sec.1, Phil. Const.) • Judicial power is vested in one Sup re me Court and in such lowe r courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.) Legislative – makes the law Executive - executes the law Judicial – interprets the law Simply stated, the situs of constructio n and inte rpre tation o f w r i t t e n laws belong to the judicial department. I t i s t h e d u t y o f t h e Courts of Justice to settle a c t u a l c o n t r o v e r s i e s involving rights which are legally demandable and enforce able , and to determine whether or not the re has be e n a grave abuse of d i s c r e t i o n amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws. DUTY OF THE C O U RT S TO C O N S T R U E A N D I N T E R P R E T THE LAW; REQUISITES 1. There must be an actual case or controversy, 2. There is ambiguity in the law involved in the controversy. Ambiguity exists if reasonable persons can fi nd diff erent meanings in a statute, document, etc. A s t a t u t e is ambiguous if it is admissible of two or more p o s s i b l e meanings. I f t h e l a w i s clear and unequivocal, the Court h a s n o o t h e r a l t e r n a t i v e but to apply the law and not to interpret. Construction and interpretation of law come only after it has been demonstrated that application is impossible or inadequate without them.

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F E R E N T D S O F S T R U C T I O N INTERPRETATION

Hermeneutics – The science or art of construction and interpretation. Legal hermeneutics – is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Dr. Lieber in his work on Hermeneutics gives the following Classification of the different kinds of interpretation: 1. C l o s e inte rpre tatio n – adopted if just re asons c o n n e c t e d w i t h t h e character and formation of the text induce as to take the words in the n a r r o w e s t m e a n i n g . T h i s i s g e n e r a l l y k n o w n a s “ literal” interpretation. 2. E x t e n s i v e interpretation – also called as liberal i n t e r p r e t a t i o n , i t adopts a more comprehensive signification of the words. 3. E x t r a v a g a n t inte rpre tation – substitutes a meaning e v i d e n t l y b e y o n d the true one. It is therefore not genuine interpretation. 4. Fr e e or unre stricte d inte rpre tatio n – proce e ds simply on he general principles of interpretation in good faith, not bound by any specific or superior principle. 5. L i m i t e d or re stricte d i n t e r p r e t a t i o n - i n fl u e n c e d b y o t h e r p r i n c i p l e s than the strictly hermeneutic ones. 6. Predestined interpretation – takes place when the interpreter, laboring u n d e r a strong bias of mind, makes the text subservient to his preconceived views and desires.

CHAPTER II STATUTES

LEGISLATIVE PROCEDURES The power to m a ke laws is lodged in the legislative d e p a r t m e n t o f t h e government. A statute starts with a bill. Bill – is the draft of a proposed law from the time of its introduction in a l e g i s l a t i v e body through all the various stages in both houses. It is enacted into law by a vote of t h e l e g i s l a t i v e b o d y. A n “Act” i s t h e a p p r o p r i a t e t e r m for it after it has been acted on a n d p a s s e d b y t h e legislature. It then becomes a statute, the written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of the state. “Statute Law” is a term often used interchangeably w i t h t h e w o r d “statute”. Statute Law, however, is broader in meaning since it includes not only statute but also the judicial interpretation and application of the enactment. HOW DOES A BILL BECOMES A LAW – STEPS A bill before it becomes a law must pass the strict c o n s t i t u t i o n a l requirements explicit both in the 1973 Constitution and the 1 9 8 7 Constitution. Passage of a bill in a parliamentary system (unicameral assembly): 1. A m e m b e r o f t h e N a t i o n a l Assembly may introduce t h e p r o p o s e d b i l l to the Secretary of the National Assembly who will calendar the same for the first reading. 2. In the fi rst reading, the bill is read by its number and title only. 3. A f t e r t h e fi r s t r e a d i n g , the bill is referred by the Speaker to the app ro priate committe e for s t u d y. A t t h i s s t a g e , t h e app ro priate 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

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considered. Should there be an unfavorable report of the committee, then the proposed bill is dead. Upon favorable action by the committee, the bill i s r e t u r n e d t o t h e National Assembly and shall be calendared for the second reading. In the second reading, the bill is read in its entirety. Immediately after the se cond re ading, the bill is set for open debates w h e r e members of the assembly may propose a m e n d m e n t s a n d insertions to the proposed bill. Aft e r t h e a p p ro v a l o f t h e bill in its se cond re ading a n d a t l e a s t t h r e e (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 fi n a l reading. At t h i s stage, no amendment shall be allowed. Only the t i t l e o f t h e b i l l i s read and the National Assembly will then vote on the bill. Under the present 1987b Constitution, after the third and fi nal reading at one House where the bill originated, it will go to the other House where it will undergo the same process. After the bill has been passed, it will be submitted to the Prime Minister (President) for approval. If he disapproves, he shall veto it a n d r e t u r n t h e same with his objections to the National Assembly (House whe re it originated), and if app rove d by two - thirds of all its members, shall b e c o m e a l a w. U n d e r t h e present set-up, if the originating 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 two-thirds of the votes. 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.

CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL Three (3) very important constitutional requirements in the enactment of statute: 1. E v e r y bill passed by Cong re ss shall embrace only one subject which shall be expressed in t h e t i t l e t h e re o f. T h e purposes of t h i s constitutional requirements are: • To prevent hodge-podge or log-rolling legislation; • To prevent surprise or fraud upon the legislature; and •T o fairly apprise the people, through such publications o f legislative proceedings as is usually made, of the subjects o f 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. N o b i l l p a s s e d b y e i t h e r House shall become law u n l e s s i t h a s p a s s e d three readings on separate days, and printed copies thereof in its final form have been distributed to e ach me mbe r thre e days b e f o r e i t s passage. 3. E v e r y b i l l p a s s e d b y t h e Cong re ss shall, be fore it b e c o m e s a l a w , b e 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. PARTS OF STATUTE a. Title - the heading on the preliminary part, furnishing the name by w h i c h t h e a c t i s individually known. It is usually p r e fi x e d 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. R e p e a l i n g Clause announces the prior statutes or s p e c i fi c 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 provi de s that in the e ve nt t h a t o n e o r m o r e provisions or unconstitutional, the remaining provisions shall still being force. h. Effectivity Clause - announces the effective date of the law. KINDS OF STATUTES 1. General Law - aff ects the community at large. That which aff ects allpeople of the state or all of a particular class.2. 2. Special Law - designed for a particular purpose, or limited in rangeor confined to a prescribed field of action on operation.

3. Local Law - relates or operates over a particular locality instead of over the whole territory of the state. 4. Public Law - a general classifi cation of law, consisting generally of c o n s t i t u t i o n a l , 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 o ffi c e r s o f t h e state, to each other, and to private persons, and t h e relations of state to one another. Public law may be general, local or special law.

5. Private Law - d e fi n e s , r e g u l a t e s , enforces and administers relationships among individuals, associations and corporations. 6. Remedial Statute - providing means or method whereby causes of action may be affectuated, wrongs redressed and relief obtained. 7. Curative Statute - a form of retrospective legislation which reaches back into the past to operate upon past events, acts or transactions in o r d e r to corre ct e rrors and irre gularitie s and to r e n d e r v a l i d a n d effective many attempted acts which would otherwise be ineffective forthe purpose intended. 8. Penal Statute - defines criminal offenses specify corresponding fines and punishments. 9. Prospective Law - applicable only to cases which shall arise after its enactment. 10.Retrospective Law - looks backward or contemplates the past; one which is made to aff ect acts or facts occurring, or rights occurring, before it came into force. 11. Affirmative Statute - dire cts the doing of an act, or de clare s what shall be done in contrast to a negative statute which is one t h a t prohibits the things from being done, or declares what shall not be done. 12. Mandatory Statutes – generic term describing statutes which requireand not merely permit a course of action. CONCEPT OF VAGUE STATUTES Statues or act may be said to be vague when it lacks c o m p r e h e n s i b l e standards those men “of common intelligence must necessarily guess a tits meaning and

differ as to its application. Statute is repugnant to the Constitution in two (2) respects:

1. I t v i o l a t e s d u e p r o c e s s for failure to accord persons fair notice o f conduct to avoid; and 2. It leaves law enforcers unbridled discretions. The Supreme Court held that the “vagueness” doctrine merely requires a reasonable degree of certainty for the statute to be upheld--- not absolute precision or mathematical exactitude. Flexibility, rather than meticulous specificity, is permissible as long as the metes and bounds of the statut eare clearly delineated REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED Express repeal – is the abrogation or annulling of a previously existing law by the enactment of a subsequent statute which d e c l a r e s t h a t t h e former law shall be revoked and abrogated. Implied repeal - when a later statute contains provisions so contrary to irreconcilable with those of the earlier law that only one o f t h e t w o statutes can stand in force. T h e r e p e a l o f a p e n a l l a w deprives the court of jurisdiction t o p u n i s h persons charged with a violation of the old penal law prior to its repeal. Only a law can repeal a law The intention to repeal must be clear and manifest, otherwise, at least, as a general rule, the later act is to be construed as a continuation of, and not a substitute for, the first act. Two (2) categories of repeal by implication: 1. Where provision in the two acts on the same subject matter are in an irreconcilable conflict; 2. If the later act covers the whole subject of the e a r l i e r o n e a n d i s clearly intended as a substitute – to be a complete and perfect system in itself. ORDINANCE Ordinance is an act passed by the local legislative body in the exercise of its lawmaking authority.

TEST OF VALID ORDINANCE 1. Must not contravene the Constitution or any statute; 2. Must not be unfair or opp re ssive ; 3. Must not be partial or discriminatory; 4. Must not prohibit but may re gulate trade ; 5. Must be general and consistent with public policy; and 6. Must not be un re asona ble . R E A S O N W H Y A O R D I N A N C E S H O U L D N O T CONTRAVENE A STATUTE

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Lo c a l c o u n c i l s exe rc i s e o n l y delegated legislative powers c o n f e r r e d o n them by Congress as the national law making body. The delegate cannot be superior to the principal. ROLE OF FOREIGN JURISPRUDENCE Philippine laws must necessarily be construed in accordance with t h e intention of its own law makers and such intent may be deduced from the language of each law and the context of other local legislation related thereof.