Statutory Construction Reviewer

STATUTORY CONSTRUCTION REVIEWER CHAPTER ONE LAW – rule of conduct formulated and made obligatory by a legitimate power of the state. STATUTE – an act of legislature as an organized body, expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land. CLASSIFICATION OF STATUTES: 1. General Law – that which affects the community at large; That which affects all people of the state or all of a particular class. 2. Special Law – designed for a particular purpose, or limited in range, or 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 classification of law relating to the relationship between the state and its people 5. Private Law – defines, regulates, enforces and administers relationships among individuals, associations and corporations. 6. Remedial Statute – providing rules and regulations on matters of procedure or due process. 7. Curative Statute – retrospective laws which corrects irregularities, inconsistencies and ambiguities in the law 8. Penal Statute – defines criminal offenses and provides corresponding penalties. 9. Prospective Law – applicable to cases which shall arise after its enactment. 10. Retroactive Law – affects acts or facts occurring prior to its date of enactment. 11. Affirmative Statute – declares what shall be done 12. Negative / Prohibitory Statute – declares what shall not be done 13. Directory Statute – operates to confer discretion on a person 14. Mandatory Statute – prescribes a required course of action MANNER OF REFERRING TO STATUTES: 1. 2. 3. 4. 5.

Between 1901-1935 : Public Acts Between 1936-1946 : Commonwealth Acts Between 1946-1972 : Republic Acts As of 1987 Constitution : Republic Acts Enacted by Batasang Pambansa : Batas Pambansa

NOTE: Section 1, Article VI of the Constitution provides “the legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and House of Representatives.” LEGISLATIVE POWER – the authority, under the Constitution, to make, alter and repeal laws. NOTE: Constitutional provisions are SELF EXECUTING except those declaring general principles and state policies, which requires legislature to enact enabling laws. SENATE VS HOUSE OF REPRESENTATIVES  Senate represents national view on legislation while House of Representatives represents local view on legislation;  Senate members elected through national elections; House of Representatives, with the exception of Party List representatives, elected by district;  Only House of Representatives can initiate filing of the following bills: o Revenue, Tariff or Tax Bills o Bills authorizing increase of public debt o Private Bills o Bills for Local Application  Senate has 24 members while House of Representatives currently has 286 members; BILL/S – a proposed legislative measure introduced by a member of Congress, known as PROPONENT

1 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

HOW A BILL IS ENACTED

Proposal / Draft from HOUSE OF REPS

Proposal / Draft from SENATE

First Reading

1. Filing of draft and indexed 2. Reading of Title and Index 3. Refer bill of appropriate committee

Committee Action

First Reading

Committee Action

Second Reading

1. Period of sponsorship and debate 2. Period of amendments

Second Reading

Third Reading

1. Voting of deliberated bill, if approved sent for transmittal, if not, archived

Third Reading

If conflict exists, bill goes to Conference Committee

For reconsideration. May overturn veto by 2/3 vote, then transmit to other house

Presidential Action If approved by the President

For reconsideration. May overturn veto by 2/3 vote, then transmit to other house

Bill Becomes a Law

NOTE: The Constitution requires all legislative proceedings be duly recorded in accordance to the rules and regulations of each house. Each house has the power to issue its own rules of proceedings, but must conform to the Constitution. PARTS OF A STATUTE: 1. Preamble – prefatory or explanatory statement 2. Title – subject of legislation; Constitution provides it be limited to ONE subject to protect due process 3. Enacting Clause – declaration of authority to legislate 4. Body of the Statute – set of provisions stating what the law is all about 5. Separability / Saving Clause – protects other provisions in case a certain provision is invalid 6. Repealing Clause – amends inconsistent provisions of prior legislation 7. Effectivity Clause – when the law will take effect POWER OF THE PURSE – constitutional authority to spend government funds given to Congress 2 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

ENROLLED BILL – the authenticated final copy of the bill; authentication by Senate President and Speaker of the House of Representatives, Approval by President. NOTE: Senate President or Speaker of the House may withdraw their signatures from the signed bill when there is serious and/or substantial discrepancy between text of the bill and deliberated bill, as indicated by legislative journals. TEST OF CONSTITUTIONALITY 1. Not within the legislative power to enact 2. Purpose or effects violate the Constitution or its basic principles 3. Creates or establishes methods or forms that infringe constitutional principles 4. Vague statutes NOTE: Every statute is presumed to be valid and constitutional. All reasonable doubts must be in favor of the constitutionality of the law. The reason lies in the process by which the statute was enacted. REQUISITES FOR EXERCISE OF JUDICIAL POWER 1. Existence of an appropriate case – one which raises a justiciable controversy whose resolution depends on choosing between the Constitution and the statute 2. Personal and Substantial interest of the party raising the constitutional question – legal standing (“locus standi”) where a person has sustained or may sustain direct injury 3. Plea that the function be exercised at the earliest opportunity – constitutional question must be specifically raised, insisted upon, and adequately argued 4. Necessity that the constitutional question be passed upon in order to decide the case – only if the case cannot be resolved with any other grounds NOTE: As a general rule, the unconstitutional act is not, and will not have the force and effect of law. EXCEPTIONS WHICH APPLIES VALIDITY TO UNCONSTITUTIONAL ACT 1. Invalidity due to change of conditions – when circumstances affecting its validity changes such as the case with Emergency Laws 2. Partial invalidity – parts of the statute independent of the unconstitutional provision spared by the separability or saving clause 3. With regard to vested rights, which serves as an operative fact, between the period of enactment and declaration of unconstitutionality PRESIDENTIAL ISSUANCES – exercise of the President’s ordinance power CLASSIFICATION OF PRESIDENTIAL ISSUANCES 1. Executive Orders – rules of general or permanent in character to implement or execute a constitutional or statutory provision 2. Administrative Orders – relates to a particular government operation in his capacity as administrative head 3. Proclamations – fixes a date or declares a status or condition of public moment or interest 4. Memorandum Orders – settles matters of administrative detail specific to a particular office or officer 5. Memorandum Circulars – provides points of interest relating to internal administration calling the attention of all or some government agencies 6. General or Special Orders – commands to the Armed Forces as Commander in Chief ADMINISTRATIVE RULES AND REGULATIONS – rules and regulations issued by administrative or executive officers TESTS OF VALIDITY OF ADMINISTRATIVE ISSUANCES 1. Promulgation must be authorized by the legislature 2. Promulgated in accordance with the prescribed procedure 3. Within the scope of authority given by the legislature 4. Must be reasonable NOTE: Administrative rules and regulations have the force and effect of law, while Administrative interpretation is, at best, advisory in nature.

3 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

SUPREME COURT RULE-MAKING POWER (BASED ON 1987 CONSTITUTION) 1. Concerning the protection and enforcement of Constitutional rights, pleading, practice and procedure in all courts 2. Admission to the practice of law 3. Integrated Bar 4. Legal assistance to the underprivileged NOTE: The Supreme Court, in the exercise of its rule-making power, may only promulgated rules which are procedural in nature. Only legislature has power to promulgate substantive rules. CLASSIFICATION OF LEGISLATIVE POWER OF LOCAL GOVERNMENT 1. Barangay Ordinance – enacted by Sangguniang Barangay; subject to review by Sangguniang Bayan or Sangguniang Panlungsod 2. Municipal Ordinance – enacted by Sangguniang Bayan; subject to approval of Mayor and subject to review of Sangguniang Panlalawigan 3. City Ordinance – enacted by Sangguniang Panlungsod; subject to approval of Mayor and, if component thereof, subject to review of Sangguniang Panlalawigan 4. Provincial Ordinance – enacted by Sangguniang Panlalawigan; subject to approval of Governor TESTS OF VALIDITY OF AN ORDINANCE (CUPPUG) 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 not be unreasonable 6. It must be general and consistent with public policy NOTE: Article 2 of New Civil Code, as amended by Section 18, Chapter 5, Book 1 of the 1987 Administrative Code provides “Laws shall take effect after 15 days following the completion of their publication in the official gazette or newspaper of general circulation.” NOTE FURTHER: The phrase “unless it is otherwise provided” stated in Article 2 of the new Civil Code pertains to the period prescribed, and not the publication requirement. Legislators may prescribe a date of effectivity equal or beyond to the 15 days after said publication. THOSE COVERED BY THE PUBLICATION REQUIREMENT 1. Statutes 2. Presidential Issuances, unless merely internal or interpretative in nature 3. Administrative Rules and Regulations if purpose is to enforce or implement existing law pursuant to a valid legislation, especially those with penal provisiones (See People vs Que Po Lay) MANNER OF COMPUTING TIME (Article 13 of the New Civil Code) 1. Years – 365 Days 2. Months – 30 days, except if months are identified by their name, then computed by number of days therein 3. Days – 24 hours 4. Nights – Sunset to Sunrise 5. Week – 7 days NOTE: In computing time, the first day shall be excluded and the last day included.

4 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER TWO STATUTORY CONSTRUCTION – is the art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of ambiguity in its language or of the fact that the given case is not explicitly provided for in the law. NOTE: Construction vs Interpretation. Interpretation is limited within the four corners of the written text, while Construction draws warranted conclusions beyond the language of the written text. NOTE FURTHER: Rules of construction are not rules of law but merely axioms of experience or general principles. LEGISLATIVE INTENT – essence of the law; composing of the purpose and meaning of the law LEGISLATIVE PURPOSE – the objective why the law was created LEGISLATIVE MEANING – the scope of the law determined by the language used in the law ELEMENTS OF A LEGAL ACT 1. INTERNAL – intention of legislature 2. EXTERNAL – expression used by legislature NOTE: The primary source of legislative intent is in the statute itself –pertaining to the WHOLE written text. Where the law speaks in clear and categorical language, there is no room for interpretation / Where there is no ambiguity, there is no room for construction. GENERAL PRINCIPLES ON POWER TO CONSTRUE  Only the judiciary has the duty and power to construe the law  As a general rule, the executive and legislative officers may construe the law through resolutions, but may not overrule the interpretation or construction of the judiciary  Legislature may amend or repeal laws to cure any defects or ambiguities, which in turn may annul or set aside judicial construction because the law being construed no longer exists  Construction is used ONLY when a condition “sine qua non”/ indispensible circumstance exists, such as the ambiguity of the law  Only the Supreme Court en banc can modify or abandon doctrine or principle of law  Courts may issue guidelines in construing a statute  Courts may not enlarge nor restrict statutes  Courts do not pass upon questions of wisdom, justice or expediency of legislation, because it is not within their purview to supervise legislative activities AMBIGUITY – a condition of admitting two or more meanings, of being understood in more than one way, or of referring to two or more things at the same time. VERBA LEGIS – plain meaning rule; the presumption that the words employed by the legislature in a statute correctly express its intention or will, precluding any construction LEGIS INTERPRETATO LEGIS VIM OBTINET – the authoritative interpretation of the Supreme Court of a statute acquires the force of law by becoming a part thereof. NOTE: Article 8 or the New Civil Code provides, “Judicial decision applying or interpreting laws shall for part of the legal system of the Philippines. STARE DECISIS ET NON QUIETA MOVERE – when the Supreme 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 the facts are substantially the same. NOTE: Judicial decisions/rulings have no retroactive effect as it may impair vested rights. Vested right is an operative fact where a person performing an act enjoys the validity and constitutionality of his actions.

5 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER THREE TYPES OF AIDS TO CONSTRUCTION 1. Intrinsic Aids – found within the statute 2. Extrinsic Aids – extraneous facts and circumstances outside the printed page INTRINSIC AIDS 1. Title of the Statute – it carries weight because of the Constitutional requirement that “every bill must embrace only one subject which shall be expressed in the title thereof.” 2. Preamble 3. Context 4. Punctuation Marks 5. Capitalization of Letters 6. Headnotes or Epigraphs 7. Lingual text – the language employed shall prevail EXTRINSIC AIDS 1. Legislative debates, views and deliberations, except when the speech or statements have no relevance to the law 2. Legislative history 3. President’s message to legislature 4. Explanatory notes 5. Reports of commissions 6. Change in phraseology 7. Principles of common law 8. Conditions at the time of enactment 9. History of the times 10. Contemporaneous construction – construction placed upon the time of or after a statute’s enactment by the executive, legislative or judiciary authorities CONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSIMA IN LEGE – Contemporary construction is strongest in law OPTIMUS INTERPRES RERUM USUS – Usage is the best interpreter of things KINDS OF EXECUTIVE CONSTRUCTION 1. Construction of an executive or administrative officer directly called upon to enforce the law – found in the circulars, rules and regulations enacted to enforce the law 2. Construction of Secretary of Justice as Chief Legal Advisor of the Government – in form of opinions requested by administrative or executive officials 3. Ruling of an Executive Officer exercising Quasi-Judicial functions – such as labor arbiters NOTE: Contemporaneous construction is given much weight because it is expected that the officials called upon to enforce the law have familiarized themselves with all the considerations pertinent to the meaning and purpose of the law. WHEN CONTEMPORANEOUS CONSTRUCTION IS DISREGARDED 1. When there is no ambiguity 2. Where the construction is clearly erroneous 3. Where strong reason to the contrary exists 4. When the court has previously given a different interpretation ULTRA VIRES – beyond its powers DOCTRINE OF ESTOPPEL – legal principle that precludes a party from denying or alleging a fact owing to the party’s previous conduct, allegation or denial NOTE: An erroneous contemporaneous construction of a statute creates no vested rights. Consequently, those who benefited from erroneous contemporaneous construction may not prevent correction of such construction, nor excuse themselves from complying with the corrected construction, or preclude recovery of what they received pursuant to the erroneous construction.

6 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

LEGISLATIVE INTERPRETATION – may be found in the statute itself through an interpretative or declaratory clause prescribing rules of construction or indicating how the provisions are to be construed NOTE: Legislature is presumed to have full knowledge of contemporaneous construction. It may manifest through re-enactment of a statute using the same language as the contemporaneous construction or through the appropriation of funds to the executive office. OMNIS RETRO TRATIHUR ET MANDATO AEQUIPARATUR – Every consent given to what has already been done, has a retrospective effect and equals a command. REIPUBLICAE UT SIT FINIS LITIUM – the State demands that there be an end to litigation SUB SILENCIO – under silence NOTE: A ruling of the Supreme Court, in order that it will come within the doctrine of “stare decisis,” must be categorically stated on an issue expressly raised by the parties; it must be a direct ruling. Where the court rules sub silencio, it is not within stare decisis. OBITER DICTUM – opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it; “by the way” statement

7 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER FOUR INDEX ANIMI SERMO – speech is the index of intention VERBA LEGIS NON EST RECEDENDUM – from the words of a statute there should be no departure ABSOLUTA SENTENTIA EXPOSITORE NON INDIGET – when the language of the law is clear, no explanation of it is required NOTE: There may be discretion as to what the law requires but not to the enforcement and application thereof. What it decrees must be followed and what it commands must be obeyed DURA LEX, SED LEX – the law may be harsh, but it is still the law MALEDICTA EST EXPOSITIO QUAE CORRUMPIT TEXTUM – it is dangerous construction which is against the text HOC QUIDEM PERQUAM DURUM EST, SED ITA LEX SCRIPTA EST – it is exceedingly hard but so the law is written NOTE: Where a statute totally fails to express a meaning, a becoming sense of judicial modesty forbids the court from assuming and, consequently, from supplying a meaning thereto. The statute, in such case, is necessarily inoperative. RATIO LEGIS – interpretation according to the spirit or reason of the law NOTE: As a general rule, the spirit or intention of the law prevails over the letter thereof. “What is within the spirit of a statute is within the statute although it is not within the letter thereof, while that which is within the letter but not within the spirit of the statute is not within the statute. NOTE FURTHER: The court may consider the spirit and reason of a statute where a literal meaning would lead to absurdity, contradiction, injustice or would defeat the clear purpose of the lawmakers. VERBA INTENTIONI, NON E CONTRA, DEBENT INSERVIRE – words ought to be more subservient to the intent not the intent to the words. EQUITY – fairness or justiceable AEQUITAS NUNQUAM CONTRAVENIT LEGIS – Equity never acts in contravention of the law NOTE: Equity is available only in the absence of law and not its replacement. Where the language of the law is clear and free from ambiguity, equity and the spirit of the law is subservient to what is specifically written in the text. CESSANTE RATIONE LEGIS, CESSAT AT IPSA LEX – when the reason for the law ceases, the law itself ceases RATIO LEGIS EST ANIMA – the reason of the law is its soul WHEN THE COURTS MAY SUPPLY LEGISLATIVE OMISSION 1. When a literal import of the language of a statute shows that words have been omitted that should have been in the statute in order to carry out its intent; it should make the statute conform to the OBVIOUS intent of the legislature or to prevent the act from being absurd. 2. When there are clerical errors which do not change the intent of the law INTERPRETATIO TALIS IN AMBIGUIS SEMPER FIENDA EST UT EVITETUR INCONVENIENS ET ABSURDUM – where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is to be adopted EA EST ACCIPIENDA INTERPRETATIO QUAE VITIO CARET – interpretation is to be adopted which is free from evil or injustice 8 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

PURPOSE OF CONSTRUCTION DEPARTING FROM LITERAL INTERPRETATION 1. To avoid absurdity 2. To avoid injustice / To be in favor of right and justice 3. To avoid danger to public interest JURE NATURAE AEQUUM EST NEMINEM CUM ALTERIUS DETRIMENTO ET INJURIA FIERI LOCUPLETIOREM / NINGUNO NON DEUE ENRIQUECERSE TORTIZERAMENTE CON DANO DE OTRO – In balancing conflicting solutions, that one is perceived to tip the scales which the court believes will best promote the public welfare in its probable operation as a general rule or principle SURPLUSAGIUM NON NOCEAT – surplusage does not vitiate (reduce value or impair quality) a statute UTILE PER INUTILE NON VITIATUR – the useful cannot be vitiated by the non-useful NOTE: In cases where there is redundancy in the provisions of a statute, the courts do not have an imperative obligation to give it special significance. As for the case of loose or obscure words, it does not preclude the court from deriving a sensible meaning by disregarding said words. FALSA DEMONSTRATIO NON NOCET, CUM DE CORPORE CONSTAT – Neither does false description preclude construction nor vitiate the meaning of a statute which is otherwise clear IBI QUID GENERALITER CONCEDITUR; INEST HAEC EXCEPTIO, SI NON ALIQUID SIT CONTRAS JUS BASQUE – where anything is granted generally, this exception is implied; that nothing shall be contrary to law and right NOTE: It is always presumed that the legislative intended exemption to its language which would avoid injustiuce or oppression. Compelling reasons may justify reading and exception to a rule even when the rule does not provide any. SUMMUM JUS, SUMMA INJURIA – rigor of the law would become the highest injustice NEMO TENETUR AD IMPOSSIBLE – the law obliges no one to perform an impossibility IMPOSSIBILIUM NULLA OBLIGATIO EST – there is no obligation to do an impossible thing NOTE: In construing a statute, there is no distinction between plural and singular for either may apply. As to gender, when the generic masculine words are used, it is understood to encompass the feminine as well, but the use of feminine nouns or pronouns do not include the masculine, unless otherwise indicated. DOCTRINE OF NECESSARY IMPLICATION – what is implied in the statute is as much a part of it as what is expressed EX NECESSITATE LEGIS – necessity of the law IN EO QUOD PLUS SIT, SEMPER INEST ET MINUS – the greater includes the lesser GENERAL PRINCIPLES OF NECESSARY IMPLICATION 1. It includes such inferences as may be logically drawn from the purpose and object of the statute 2. It includes such inferences as what the legislature must be presumed to have intended 3. It includes such inferences as what is necessary to make the statute effective and operative 4. The doctrine cannot be used to justify inclusion in a statute of what the courts believe to be wise EXCEPT: It is at the same time necessarily and logically within its terms 5. The doctrine cannot be used to support an interpretation destructive of the object or purpose of the law; otherwise, implications violative of the law is unjustified or unwarranted. UBI JU, IBI REMEDIUM – where there is a right, there is a remedy for violation thereof NOTE: The grant of jurisdiction is conferred only by the Constittution or by a statute. It cannot be conferred by the Rules of Court or from the language of a statute in the absence of clear legislative intent. IMPLICATION OF GRANT OF JURISDICTION – The grant of jurisdiction carries with it all necessary and incidental powers essential to make it jurisdiction effective. 9 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

IMPLICATION OF GRANT OF POWER – As a rule, where a general power is conferred or duty enjoined, every particular power necessary for the exercise or the performance of the other is also conferred – called INCIDENTAL POWERS. All other powers greater than those conferred are excluded. NOTE: Incidental powers must be in compliance with the provisions of the Constitution, the statute conferring the power and other laws on the same subject. NOTE FURTHER: Only express statutory provisions may allow claims against public funds; it cannot be subject to implied construction. EX DOLO MALO NON ORITUR ACTIO – no man can be allowed to found a claim upon his own wrongdoing or inequity NULLUS COMMODUM CAPERE POTEST DE INJURIA SUA PROPRIA – no man should be allowed to take advantage of his own wrong IN PARI DELICTO POTIOR EST CONDITIO DEFENDENTIS – parties involved in an action are equally culpable for the wrongful act NOTE: EXCEPTION TO PRINCIPLE OF “IN PARI DELICTO” – When its enforcement or application will violate an avowed fundamental policy or public interest. QUANDO ALIQUID PROHIBETUR EX DIRECTO, PROHIBETUR ET PER OBLIQUUM – what cannot be done directly by law or is prohibited by law, cannot be done indirectly NOTE: A person who complies with what a statute requires cannot be penalized because of implication.

10 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER FIVE

NOTE: The general rule is that a word, phrase or provision should not be construed in isolation but must be interpreted in relation to other provisions of the law. WORDS OR PHRASES IN A STATUTE MAY BE INTERPRETED BY ITS: 1. Ordinary or Generic Meaning – In the absence of legislative intent to the contrary, words are given their plain, ordinary and common usage meaning. EXCEPT: If a statute is ambiguous and capable of more than one construction, the literal meaning of the word or phrase used therein may be rejected if the result of adopting such meaning will defeat the purpose which the legislature had in mind. 2. General Meaning – see maxims below. 3. Restricted Meaning – When legislative intent indicates restrictions to a word or phrase 4. Technical or Legal Meaning – In the absence of legislative intent to the contrary, language used in a statute, which have a technical or well-known legal meaning, is used in that sense by the legislature. 5. Commercial or Trade Meaning – In the absence of legislative intent to the contrary, words commonly used by merchants and traders acquire commercial or trade meaning which are generally accepted by the community where it is commonly used 6. As defined in the statute / Statutory Definition – When a statute defines a word or phrase, the legislative meaning controls the meaning of the statutory words, irrespective of any other meaning. Such definition only applies to the specific statute where it is stated. EXCEPT: Where the application of the definition provided (a) creates obvious incongruities in the language of the statute, (b) destroys one of its major purposes, and (c) becomes illogical as a result of a change in its factual basis. 7. As previously construed by judiciary 8. Qualified by purpose of the statute – The meaning of a word or phrase used in a statute may be qualified by the purpose which induced the legislature to enact the statute. If the language is fairly susceptible of two or more constructions, that construction should be adopted which (a) will most tend to give effect to the manifest intent of the lawmaker, and (b) promote the object for which the statute was enacted. GENERALIA VERBA SUNT GENERALITER INTELLIGENDA – what is generally spoken shall be generally understood. GENERALE DICTUM GENERALITER EST INTERPRETANDUM – a general statement is understood in a general sense NOTE: Where a word used in a statute has both a restricted and general meaning, the general shall prevail unless it is clearly indicated that the restricted sense is intended. PROGRESSIVE INTERPRETATION – A word of general signification employed in a statute should be construed, in the absence of legislative intent, to comprehend not only peculiar conditions obtaining at the time of its enactment but those that may normally arise after its approval as well. NOTE: Progressive interpretation extends by construction tha application of a statute to all subjects or conditions within its general purpose or scope that come into existence subsequent to its passage and thus keep legislation from becoming ephemeral (def. lasting for a markedly brief time) and transitory. NOTE FURTHER: Identical terms construed. Words or phrases repeatedly used in a statute will bear the same meaning throughout the statute. VERBA ACCIPIENDA SUNT SECUNDUM MATERIAM – a word is to be understood in the context in which it is used. UBI LEX NON DISTINGUIT, NEC NOS DISTINGUERE DEBEMUS – where the law does not distinguish, courts should not distinguish

11 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

DISJUNCTIVE VS CONJUCTIVE WORDS 1. OR as disjunctive – Signifying disassociation and independence of one thing from each of the other things enumerated. 2. OR as to mean AND – Only when the spirit or context of the law so warrants 3. OR as “That is to say”/interpretative/ expository – Giving that which precedes it the same significance as that which follows it. 4. OR as to mean successively – To follow the order in which objects, acts or persons have been named in the statute 5. AND as conjunctive – Used to denote union, binding together, or relating one to the other 6. AND as to mean OR – Only resorted to when a literal interpretation would pervert the plain intention of the legislature as gleaned from the context of the statute or from external factors 7. AND/OR construed – shall be given to both conjunctive and disjunctive accordingly as one or the other may best effectuate the purpose intended by the legislature NOSCITUR A SOCIIS – where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found or with which it is associated EJUSDEM GENERIS – same kind/same specie; to give effect to both the particular and general words, by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not specifically named by the particular words. EXCEPTIONS OF APPLICATION OF EJUSDEM GENERIS 1. The enumeration have no distinguishable common characteristics and greatly differ from one another 2. The enumeration of the particular and specific words is exhaustive 3. The enumeration does not thereby restrict the meaning of the general word, but should include others of the same class although not enumerated therein LIMITATIONS/ REQUISITES OF EJUSDEM GENERIS 4. A statute contains an enumeration of particlar and specific words, followed by a general word or phrase; 5. The particular and specific words constitute a class or are of the same kind; 6. The enumeration of the particular class and specific words is not exhaustive or is not merely by examples; and 7. There is no indication of legislative intent to give the general words or phrases a broader meaning. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS – the express mention of one person, thing or consequence implies the exclusion of all others. VARIATIONS OF “EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS 1. EXPRESSUM FACIT CESSARE TACITUM – What is expressed puts an end to that which is implied; where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters 2. EXCEPTIO FIRMAT REGULAM IN CASIBUS NON EXCEPTIS – a thing not being excepted must be regarded as coming within the purview of the general rule 3. “The expression of one or more things of a class implies the exclusion of all not expressed, even though all would have been implied had none been expressed.” NOTE: The rule Expressio Unius Est Exclusio Alterius and its variations are canons of restrictive interpretation. They proceed on the premise that the legislature would not have made specified enumerations in a statute had the intention been not to restrict its meaning and confine its terms to those expressly mentioned.

WHEN USED 1. 2. 3. 4.

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS AND ITS VARIATIONS ARE GENERALLY Granting powers Creating rights and remedies Restricting common rights Imposing penalties and forfeitures

12 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

LIMITATIONS OF EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS AND ITS VARIATIONS 1. These principles are mere tools of statutory construction and cannot defeat the plainly indicated purpose of the legislature. 2. These are auxiliary rules of interpretation which can be ignored when other circumstances indicate that the enumeration was not intended to be exclusive. 3. These principles do not apply where the enumeration is by way of example or to remove doubts. 4. These principles do not apply when there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute, so that the absense of any mention of such other will not exclude it. 5. These principles do not apply if its application will result in incongruities or a violation of the equal protection clause of the Constitution. 6. These principles do not apply if adherance thereto would cause inconvenience, hardship, and injury to public interest. ARGUMENTUM A CONTRARIO / NEGATIVE-OPPOSITE DOCTRINE – what is expressed puts an end to that which is implied CASUS OMISSUS PRO OMISSO HABENDUS EST – a person, object or thing ommitted from an enumeration must be held to have been omitted intentionally. NOTE: As a general rule, the courts cannot supply omissions even though the omission may have resulted from inadvertence or because the case in question was not foreseen or contemplated. EXCEPT when legislative intent is clear and supplying the omission will not do violence to its language. AD PROXIMUM ANTECEDENS FIAT RELATIO NISI IMPEDIATUR SENTENTIA / DOCTRINE OF LAST ANTECEDENT – relative words refer to the nearest antecedents, unless the context otherwise requires. NOTE: It has been held that the qualifying effect of a modifying word or phrase will be confined to its immediate antecedent if the latter is separated by a comma from the other antecedents. NOTE FURTHER: The doctrine of last antecedent is subject to the exceptions (a)that where the intention of the law is to apply the phrase to all antecedents embraced in the provision, the same should be made extensive to the whole, (b) where extension to a more remote antecedent is clearly required by a consideration of the entire act, and (c) where the intention is not to qualify the antecedent at all. REDDENDO SINGULA SINGULIS – referring each to each; requires that the antecedents and consequences should be read distributively to the effect that each words is to be applied to the subject to which it appears by context most appropriately related and to which it is most applicable. NOTE: A proviso is commonly found at the end of a section, or provision of a statute, and is, generally, introduced as a rule by the word “Provided” or phrase “but nothing herein.” PURPOSES OF PROVISO 1. To limit the application of the enacting clause, section or provision of a statute 2. To except something from a provision of a statute 3. To qualify or restrain a statutory provision’s generality 4. To exclude some possible ground of misinterpretation of the statutory provision, as extending to cases not intended by the legislature to be brought within its purview NOTE: It has been held that even though the primary purpose of the proviso is to limit or restrain the general language of a statute, where its use creates ambiguity, it is the court’s duty to ascertain legislative intent and give it effect, although the statute may be enlarged, or the provision made to assume the force of independent enactment. NOTE FURTHER: Where the proviso is segregated from the several subdivisions of a section of a statute, it would mean exactly the reverse of what is necessarily implied when read in connection with the limitation; hence, the proviso assumes the role of additional legislation.

13 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

WHAT PROVISO GENERALLY QUALIFIES 1. The phrase or clause immediately preceding it 2. The phrase or clause immediately following it EXCEPT: If legislative intent is clearly indicated that the proviso should qualify the other preceding provisions or the whole statute itself. EXCEPTIONS – a clause which exempts something from the operation of a statute by express words EXCEPTIO FIRMAT REGULAM IN CASIBUS NON EXCEPTIS – a thing not excepted must be regarded as coming within the purview of the general rule NOTE: Exceptions, as a general rule, should be strictly but reasonably construed; they extend only as far as their language fairly warrants and all doubts should be resolved in favor of the general provisions.

EXCEPTION VS PROVISO EXCEPTION Exempts something absolutely form the operation of a statute, by express words in the enacting clause Takes out of the statute something that otherwise would be a part of the subject matter Generally, a part of the enactment itself, absolutely excluding from its operation some subject or thing that otherwise would fall within its scope

PROVISO Defeats a statute’s operation conditionally

Avoids them by way of defeasance or excuse When the enactment is modified by engrafting upon it a new provision, by way of amendment, providing conditionally for a new case, it is in the nature of a proviso

SAVING CLAUSE – a clause in a provision of law which operates to except from the effect of the law what the clause provides, or to save something which would otherwise be lost.

14 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER SIX

NOTE: As a general rule, a statute should be construed in connection with every other part and section so as to produce a harmonious whole. Conflicting provisions should be harmonized and reconciled to give them all effect. If conflict cannot be resolved, the courts must yield to the provision which will best effectutate legislative intent. NOTE FURTHER: If there be no such ground (legislative intent) for choice between inharmonious provisions, the latter provision based on order shall prevail. OPTIMA STATUTI INTERPRETATRIX EST IPSUM STATUTUM – the best interpreter of the statute is the statute itself WHERE PARTICULAR MEANING OF WORD/S MAY BE FOUND 1. From the context 2. From the nature of the subject treated 3. From legislative purpose or intent UT RES MAGIS VALEAT QUAM PEREAT – that construction is to be sought which gives effect to the whole of the statute – its every word NOTE: Where there is a GENERAL and PARTICULAR provision in the same statute and the GENERAL provision overrules the PARTICULAR provision, the GENERAL shall prevail and the PARTICULAR shall serve as an exception to the GENERAL RULE as to give effect to both provisions. INTERPRETATIO FIENDA EST UT RES MAGIS VALEAT QUAM PEREAT – a law should be interpreted with a view to upholding rather than destroying it; one portion of a statute should not be construed to destroy another provision SURPLUSAGE – a superfluous and useless statement wholly foreign and impertinent to the statute / cause of action NOTE: Where a statute is susceptible to two constructions where one is constitutional and the other not, the courts shall favor the construction which is constitutional. IN PARI MATERIA – when two or more statutes refer to the same specific or particular subject. It may either be expressed or implied. INTERPRETARE ET CONCORDARE LEGES LEGIBUS EST OPTIMUS INTERPRETANDI MODUS – every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence NOTE: Provisions in an act whice are omitted in another act relative to the same subject matter will be applied in a proceeding under the other act, when not inconsistent with its purpose. NOTE FURTHER: As a general rule, a statute will not be construed as repealing a prior act/s on the same subject matter in absence of words to that effect, except when there is an irreconcilable repugnancy between them or unless the new law is evidently intended to supersede all prior acts on the matter and to compromise itself the sole and complete system of legislation on the subject. DISTINGUE TEMPORA ET CONCORDABIS JURA – distinguish times and you will harmonize laws GENERAL VS SPECIAL LAWS General Rule: General and special laws which are in pari materia must be harmonized. In case of irreconcilable conflict, the special law shall prevail irrespective of the time of its enactment. Exceptions: 1. Where legislative intent is clear that the general enactment to cover all laws and repeal all prior laws relating to the subject matter 2. Where the special law merely creates a general rule and the general law provides specific rule 15 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

REFERENCE STATUTES – statutes which refers to other statutes and makes them applicable to the subject of legislation; the adopting statute shall be construed to incorporate the reference statute as a whole SUPPLEMENTAL STATUTES – statutes which is intended to supply deficiencies in an existing statute and to add, complete or extend the statute without changing or modifying its original text REENACTED STATUTES – statutes which reenacts a previous statute or the provisions thereof; reenactment of a statute also reenacts the construction previously given to it, especially the the contemporaneous construction previously provided – only in cases when (1) the statute is capable of the construction given to it and (2) that construction has become a settled rule of conduct ADOPTED STATUTES – statutes patterned or copied from statutes of foreign countries; the courts shall take into consideration the construction of foreign courts relating to the adopted statutes, as well as the law itself and the practices under it, unless said construction is given prior to its enactment

16 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER SEVEN STRICT CONSTRUCTION – construction which (1) recognizes nothing that is not expressed, (b) takes the language used in its exact meaning, and (3) admits no equitable consideration. LIBERAL CONSTRUCTION – equitable construction which (1) expands the meaning of a statute to meet cases which are clearly within the spirit or reason thereof or within the evil which the statute was designed to remedy, or (2) which gives a statute its generally accepted meaning to the end that the most comprehensive application thereof may be accorded without being inconsistent with the language or doing any violence to any of its terms. Liberal construction is done by IMPLICATION OF INTENDMENT. NOTE: The literal meaning of the words used may be rejected if the result of adopting said meaning would be to defeat the purpose of the law. Instead, the statute will be given a liberal interpretation so as to save the statute from obliteration. SOCIAL JUSTICE – the principle that all individual and groups are entitled to fair and impartial treatment NOTE: The principles of social justice as enshrined in the Constitution should be taken into account in the interpretation and application of laws. SALUS POPULI EST SUPREMA LEX – the welfare of the people is the supreme law STATUTA PRO PUBLICO COMMODO LATE INTERPRETANTUR – statutes made for the public good ought to be literally construed PRIVILEGIA RECIPIUNT LARGAM INTERPRETATIONEM VOLUNTATI CONSONAM CONCEDENTIS – privileges are to be interpreted in accordance with the will of him who grants them NULLUM TEMPUS OCCURRIT REGI – no time runs against the king STATUTES STRICTLY CONSTRUED 1. PENAL STATUTES – those laws by which punishments are imposed for the violation or transgression of their provision; As a general rule, penal or criminal laws are strictly construed agains the State, and liberally in favor of the accused. The reasons behind the rule are: (1) the law is tender in favor of the rights of an individual, (2) the object is to establish a certain rule by conformity to which mankind would be safe, and (3) the discretion of the court limited. The rule is NOT to be used to defeat legislative intent or the clear purpose of the law. 2. STATUTES IN DEROGATION OF RIGHTS – laws enacted by the state cutailing or restricting the enjoyment of rights; As a general rule, if there are two reasonably possible constructions where one would diminish or restrict a fundamental right and the other would not, the latter shall be adopted so as to allow the enjoyment of such fundamental right. 3. STATUTES AUTHORIZING EXPROPRIATIONS As a general rule, statutes expropriating or authorizing the expropriation of property shall be strictly construed against the expropriating authority and liberally in favor of property owners. 4. STATUTES GRANTING PRIVILEGES Statutes granting privileges are strictly construed against the grantee because of the benefits and advantages gained by the grantee and must follow the conditions or requisites provided by the grantor in order to obtain such privilege.

17 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

5. LEGISLATIVE GRANTS TO LOCAL GOVERNMENT Statutes providing grants to local government are strictly construed against the grantee because of the benefits and advantages gained by the grantee and must follow the conditions or requisites provided by the grantor in order to obtain such privilege. 6. STATUTORY GROUNDS FOR REMOVAL OF OFFICIALS Statutes providing grounds for removal of officials are strictly construed against the complainant because the remedy of removal is a drastic measure and penal in nature. 7. NATURALIZATION LAWS Naturalization laws are strictly construed agains the applicant because citizenship is a privilege which endows rights which foreigners cannot, and that the applicant must follow the conditions and requisites provided clearly and specifically provided by state in order to obtain citizenship. 8. STATUTES IMPOSING TAXES AND CUSTOMS DUTIES Laws imposing tax and customs duties shall be strictly construed against the tax imposing body because taxation is a liability to persons whose income is reduced in order to fund government operations. 9. STATUTES GRANTING TAX EXEMPTIONS Laws granting tax exemptions are strictly construed against the taxpayer claiming exemption and liberally in favor of the taxing authority, because taxation is a rule of law and exemptions are the exception, where a taxpayer falls under a particular or specific category or have complied with specific requirements provided by law. Where the law clearly provides no exemption, the courts cannot supply one. 10. STATUTES CONCERNING THE SOVEREIGN Laws, no matter how broad, does not include the government unless it is specifically specified. 11. STATUTES AUTHORIZING SUITS AGAINST THE GOVERNMENT The Constitution provides that the “State may not be sued without its consent” because of the logical and practical ground that there can be no legal right as against the authority that makes the law on which that right depends. 12. STATUTES PRESCRIBING FORMALITIES OF WILL A will must be executed in accordance with the statutory requirements otherwise it is entirely void. 13. EXCEPTIONS AND PROVISOS Exceptions should be strictly but reasonably construed and extend only so far as their language fairly warrants. All doubts will be in favor of the general provision rather than the exception. Provisos should be strictly construed because the legislative purpose set forth in the general enactment expresses the legislative policy and only those expressly exempted by the proviso should be freed from the operation of the statute.

STATUTES LIBERALLY CONSTRUED 1. GENERAL SOCIAL LEGISLATION, i.e. Labor laws, Tenancy laws, Social Security laws While general welfare legislations are construed liberally in favor of the person/s benefiting from the law, this principle holds true only when there is ambiguity or doubt in the law. 18 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

2. GENERAL WELFARE CLAUSE The general welfare clause on the power of local government should be construed liberally in favor of the local government unit because limiting the general welfare clause to such government functions would cripple these LGU’s in the face of the very evils that said clause intended to remedy. 3. GRANT OF POWER TO LOCAL GOVERNMENT RA 2264, otherwise known as the Local Autonomy Act, provides that “implied power of a province, a city or a municipality shall be liberally construed in its favor. Any fair and reasonable doubt as to the existence of the power should be interpreted in favor of the local government and it shall be presumed to exist.” 4. STATUTES GRANTING TAX POWERS The Constitution provides that “Each local government unit shall have the power to create its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy.” The clear implication of this provision is that statutes prescribing limitations on the taxing power of local government units must be strictly construed against the national government and liberally in favor of LGU’s, and any doubt will be in favor of the latter. 5. STATUTES PRESCRIBING PRESCRIPTIVE PERIOD TO COLLECT TAXES The laws on prescription being a remedial measure should be interpreted liberally in a way condicive to bringing about the beneficial purpose of affording protection to the taxpayers. 6. STATUTES IMPOSING PENALTIES FOR NONPAYMENT OF TAXES Statutes imposing penalties for nonpayment of taxes shall be strictly construed against the taxpayer and liberally construed in favor of the government because such laws were made to hasten the collection of taxes and/or to punish neglect or evasion of duty in respect thereto. 7. ELECTION LAWS Election laws should be reasonably and liberally construed to achieve their purpose which is to (1)effectuate and safeguard the will of the electorate in the choice of their representatives and (2)give effect to the express will of the electorate because the application of election laws involves public interest and imposes upon the COMELEC and the courts the imperative duty to ascertain by all means within their command who is the real candidate elected by the people. 8. AMNESTY PROCLAMATIONS Amnesty proclamations and pardons shall be liberally construed in favor of the person/s benefiting from such amnesty or pardon and strictly construed against the state because the intent of amnesty and pardon is to encourage the return to the fold of the law of those who have veered from it. 9. STATUTES PRESCRIBING PRESCRIPTIONS OF CRIMES Statutes of limitations are liberally construed in favor of the accused because the very existence of the statute is a recognition by the legislature of the fact that time, while it gradually wears out proofs and innocence, has assigned to it fixed and positive periods in which it destroys proofs of guilt. 10. ADOPTION STATUTES Adoption statutes are liberally construed in favor of the child being adopted because such laws were made for the benefit and welfare of the said child.

19 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

11. VETERAN AND PENSION LAWS Retirement and pension laws are liberally construed in favor of the recipient because such laws were made to achieve the humanitarian purposes of the law in order that the efficiency, security and well-being of government employees may be enhanced. 12. RULES OF COURT Rules of court are construed liberally with the end in view of realizing their purpose which is the proper and just determination of a litigation. These rules have to be construed as to give litigants ample opportunity to prove their respective claims. 13. CURATIVE STATUTES Curative statutes are liberally construed as to give effect to its purpose which is to supply defects, abridge superfluities and curb certain evils. 14. REDEMPTION STATUTES Redemption statutes are liberally construed to enable the debtor to have his property applied to pay as many debtor’s liabilities as possible. Similarly, laws on attachment and laws providing exemptions from execution shall be liberally construed to assist parties in obtaining speedy justice and to give effect to their beneficient and humane purpose. 15. INSTRUMENTS OF CREDIT Instruments of credit shall be liberally construed in favor of the bona fide holders of such receipts. 16. PROBATION Probation should be liberally construed to give first-time offenders a second chance to maintain his place in society through reformation. 17. GRANTING POWERS TO AN AGENCY Laws granting powers to an agency created by the Constitution are liberally construed for the advancement of the purpose and objectives for which it was created.

20 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER EIGHT MANDATORY STATUTES – a statute which commands either postively that something be done or peformed in a particular way or negatively that something be not done, leaving the person concerned no choice on the matter except to obey. DIRECTORY STATUTES – a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it NOTE: There is no universal rule by which directory statutes are classified from mandatory statutes.

TEST Does the statute prescribe a result in addition to, or apart from ,what it requires? Will third parties suffer as a consequence of what the person charged by the statute to do within a prescribed limit fails to do? Does the law give an alternative / choice? Is what the statute prescribes a matter of substance and not of form? Will there be injury to the public by a disregard of what the law provides?

MANDATORY YES

DIRECTORY NO

YES

NO

NO YES

YES NO

YES

NO

NOTE: As a general rule, “shall” and “must” are used for mandatory statutes, and “may” is used for directory statutes, unless legislative intent provides otherwise. NOTE FURTHER: Use of negative, prohibitory or exclusive terms are generally indicative of mandatory statutes because there is only one way to follow negative statements which is not to do what is indicated.

MANDATORY STATUTES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Statutes conferring power Statutes granting benefits Statutes prescribing jurisdictional requirements Statutes prescribing time to take action or to appeal Statutes prescribing procedural requirements Election laws on conduct of election Election laws on qualification and disqualification Statutes prescribing qualifications for office Statutes relating to assessment of taxes Statutes concerning public auction sale

DIRECTORY STATUTES 1. Statutes prescribing guidance for others 2. Statutes prescribing manner of judicial action 3. Statutes requiring rendition of decision within prescribed period 4. Constitutional time provision VIGILANTIBUS ET NON DORMIENTIBUS JURA SUBVENIUNT – the laws aid the vigilant, not those who slumber on their rights POTIOR EST IN TEMPORE, POTIOR EST IN JURE – he who is first in time is preferred in right

21 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER NINE PROSPECTIVE STATUTE – a statute which operates upon facts or transactions that occur after the statute takes effect, one that looks and applies to the future. RETROACTIVE STATUTE – a statute which creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction already in the past. NOTE: Article 4 of the New Civil Code provides, “Laws shall have no retroactive effect, unless the contrary is provided.” Hence, laws are presumed to be prospective unless the the intendment of the legislature to give them a retroactive effect is expressly declared or is necessarily implied from the language used. In case of doubt, it shall be resolved against retroactivity. LEX PROSPICIT, NON RESPICIT – the law looks forward, not backward LEX DE FUTURO, JUDEX DE PRAETERITO – the law provides for the future, the judge for the past FAVORABILIA SUNT AMPLIANDA, ADIOSA RETINGENDA – translation NOTE: Ex Post Facto laws only refer to penal and criminal laws only and does not include civil laws.

STATUTES GIVEN PROSPECTIVE EFFECT 1. PENAL STATUTES – except when favorable to the accused who is not a habitual delinquent 2. EX POST FACTO LAW a. A law which makes criminal an act done, and punishes such act b. A law which aggravates a crime, or makes it greater than it was when committed c. A law which changes the punishment and inflicts a greater punishment than that annexed to the crime when committed d. A law which alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of commission of the offense e. A law which assumes to regulate civil rights and remedies only, but in effect imposes penalty or deprivation of a right for something which when done was lawful f. A law which deprives a person accused of a crime of some lawful protection to which he has become entitled, such as protection of a former conviction or acquittal, or a proclamation of amnesty. TEST: Does the law sought to be applied retroactively take from an accused any right that was regarded at the time as vital for the protection of life and liberty? 3. 4. 5. 6. 7. 8.

BILL OF ATTAINDER – a legislative act which inflicts punishment without judicial trial STATUTES SUBSTANTIVE IN NATURE STATUTES AFFECTING VESTED RIGHTS STATUTES AFFECTING OBLIGATIONS AND CONTRACTS REPEALING AND AMENDATORY ACTS STATUTES RELATING TO APPEALS

STATUTES GIVEN RETROACTIVE EFFECT 1. PROCEDURAL / REMEDIAL LAWS – except where the statute itself expressly or by necessary implication provides that pending actions are excepted from its operation, or where to apply it would impair vested rights 2. CURATIVE STATUTES – “Devt Bank of the Phils vs CA: …legislations which reach back on past events to correct errors or irregularities and to render valid and effective attempted acts which would be otherwise ineffective for the purpose the parties intended.” Except when application would impair obligations of contracts or disturb vested rights

22 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

3. POLICE POWER LEGISLATIONS – “Ortigas & Co., Ltd. vs Feati Bank & Trust Co.: …nonimpairment of of the obligations of contract or of vested rights must yield to the legitimate exercise of the power, by the legislature, to prescribe regulations…” 4. STATUTES RELATING TO PRESCRIPTION – because prescription is a matter of procedure and applied to those causes that accrued and will accrue after law on prescription took effect; except for statute of limitations of civil cases unless it is otherwise stated

23 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER TEN Definition

Procedure

AMENDMENT Change or modification by addition, deletion, or alteration, of a statute which survives in its amended form. Generally expressed.

REVISION AND CODIFICATION Restate the existing laws into one statute, simplify complicated provisions, and make the laws on a subject easy to find. Expressed.

By Implication. Where a part of a prior statute embracing the same subject as the later act may not be enforced without nullifying the pertinent provision of the latter, in which event, the prior act is deemed amended or modified to the extent of the repugnancy.

Rules of Construction

Effective 15 days following its publication in the Official Gazette or newspaper of general circulation. A statute and its amendment should be read together as a whole. The amendment to a section of an act should be read in connection the other sections as if all had been enacted in the same statute. The provisions of the original act which are not affected by the amendment and those portions of the section amended which are repealed in the amendment remain in force; and those omitted in the amendment are repealed. The amended act should be given a different construction because the act would not have been amended had the legislature not wanted to change its meaning. Amendments operate and are construed prospectively

24 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

REPEAL Renders another statute or provision as inoperative; Revokes another statute or provision.

Generally expressed. Where there is clear intent to substitute the later law for the earlier law or through reenactment By Implication. Where there is an irreconcilable conflict between two acts, the earlier shall be repealed.

The different provisions of a revised statute or code should be read and construed together. The construction which will best harmonize the various provisions shall prevail. If there is irreconcilable conflict in the construction of two or more provisions, the one which is later in physical position shall prevail. All those omitted are considered repealed only when legislative intent is clear to revise and codify the whole subject. Change in phraseology does not negate the previous constructions unless there is clear intent to depart from them.

May also be done by (a) codification or revision, (b) reenactment, (c) when later of two laws is expressed in the form of a universal negative, (d) earlier act enacts something in general terms and later law expressed in affirmative language introducing special conditions or restrictions, and (e) enactment of a diametrically opposing statute which deprives an earlier law its reason for being. LEGES POSTERIORES PRIORES CONTRARIAS ABROGANT – later statute repeals prior ones which are repugnant thereto GENERALIA SPECIALIBUS NON DEROGANT – a general law does not nullify a specific or special law Where the later act is a special law, the general law is partially repealed. If general law is enacted later, legislative intent must first be determined.

Effects

AMENDMENT Jurisdiction is based on the time the action is instituted. If original act is declared unconstitutional, amendatory act may stand alone as a new and separate act.

REVISION AND CODIFICATION Codification should be construed as a continuation of the existing statutes unless legislative intent is manifested clearly.

REPEAL Generally. The repeal of a law does not undo the consequences of the operation of the statute while in force such as imposition of rights, collection of assessed taxes and fulfilment of obligations, unless such result is directed by express landuage or necessary implication, except as it may affect vested rights when repealed act was in force. On Jurisdiction and On Actions. Once the court acquires jurisdiction until the final determination of the case and it is not affected by subsequent legislation except when expressly provided.The repeal of a statute defeats all actions and proceedings, including those which are still pending which arose out of or are based on said statute. The rule applies to cases pending appeal. On Reenactment. If repeal and reenactment are simultaneous, the statute will remain in effect since it is continuous; if not simultaneous, the courts are precluded to try, convict and sentence an accussed during gap between repeal and reenactment. On Penal Laws. Repeal without qualification of penal laws deprives the court of the jurisdiction to punish persons charged with a violation of the old law prior to its repeal. Except in case of (a) reenactment and action is still considered a crime and (b) presence of saving clause expressly providing that actions prior to repeal are still punishable under old law. On Municipal Charters. In absence of expressed provision to the contrary, the new charter abolishes offices in old charter.

NOTE: When a law shich expressly repeals a prior law is itself repealed, the law first repealed shall not be revived unless expressly provided. Where a repealing statute is declared unconstitutional, it will have no effect of repealing the former statute.

25 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law

CHAPTER ELEVEN CONSTITUTION – fundamental law of the land CONSTITUTIONS OF THE PHILIPPINES 1. 1935 Constitution – also known as the Tydings-McDuffie Law; enacted by US Congress 2. 1973 Constitution – drafted and proposed by 1971 Constitutional Convention 3. Freedom Constitution – interim constitution between Marcos to Cory Aquino Administrations 4. 1987 Constitution – the present constitution NOTE: The primary purpose of Constitutional construction is to give effect to the intent of the framers of the organic law and of the people adopting it. NOTE FURTHER: The Constitution is to be construed to intend not only for the effectivity of a few years, but enduring for a long period of time. HOW TO CONSTRUE THE LANGUAGE OF THE CONSTITUTION 1. It must not be constricted and understood in its broadest sense 2. It must be construed to give it a different meaning and understood in its ordinary meaning 3. It must be construed to be, generally, mandatory 4. It must be construed to be prospective, unless the language specifically provides for retroactivity NOTE: A good number of rules of statutory construction are applicable to the construction of the Constitution. In appropriate cases, they may be employed in construing the Constitution. AIDS TO CONSTITUTIONAL CONSTRUCTION 1. The language employed 2. Realities existing at the time of adoption / Significant historic conditions 3. Proceedings of the Constitutional Convention 4. Contemporaneous construction and writings 5. Previous laws and judicial rulings 6. Changes in phraseology NOTE: The Constitution must be construed as a whole and not separate each provision from each other. Conflicting provisions must be harmonized in a manner that may give to all of them full force and effect. NOTE FURTHER: Generally, Constitutional provisions are self executing except those which are mere declaration of general principles and state policies where subsequent legislation is needed to execute such provisions. THREE LEGAL MAXIMS, GENERALLY, USED IN CONSTITUTIONAL CONSTRUCTION 1. Verba legis – the language of the law 2. Ratio legis est anima – the reason of the law is its spirit 3. Ut res magis valeat quam pereat – better the thing should function than to perish NOTE: Since the Philippine Constitution was derived or patterned from the US Consitution, courts have cited the US Supreme Court decisions in deciding constitutional issues arising from provisions similar to or taken from that of the US.

26 | Notes on “Statutory Construction by Ruben E. Agpalo, 2009 Edition” Outline By Charles Bautista, Arellano University School of Law