Statutory Construction

Statutory Construction It is the art of seeking the intention of the legislature in enacting a statute and of applying it to a given state of facts. Scope of construction A. A statute is not open to construction as a matter of course. It is open to construction only where the language is ambiguous, or where it will admit of two or more constructions or is of such doubtful or obscure meaning, that reasonable minds might be uncertain or disagree as to its meaning. B. When the language of a statute is plain, clear and definite, there is no need to resort to the rules of statutory construction. An unambiguous statute is to be applied, not to be interpreted, since it already speaks for itself. C. 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. Purpose of Construction  The sole purpose of statutory construction is to ascertain the meaning and intention of the legislature so that the same may be enforced. Construction and Interpretation A. CONSTRUCTION distinguished from INTERPRETATION  Interpretation is said to be the act of finding the true sense and meaning of words, whereas construction is the drawing of conclusions respecting subjects that lie beyond the direct expressions of the text.  In other words, one who “interprets” does not get outside of the context of the statute. While one who “construes” has to go outside of the language of the statute and seek the help of extrinsic aids. B. Legislative Intent – Legislative intent for construction purposes does not mean the collection of the subjective wishes, hopes and prejudices of each and every member of the legislature, but rather the “objective footprints left on the trail of legislative enactment”. Legislative intent is the vital part, the heart, the soul, and the essence of the

law. (history of enactment, evil sought to be prevented/cured; essence of the law) C. Legislative purpose – reason why a particular statute was enacted or to create new rights. D. Legislative meaning – it is what the law, by its language, means. What it comprehends, covers or embraces, limits and confines are.  NOTE: If there is ambiguity in the language used in the statute, its purposed may indicate the meaning of the language and lead to what the legislative intent is. The courts by judicial construction will give effect to such intent. E. Illustrative case: Federation of Free Farmers v Court of Appeals, G.R. No. 41161 F. Legal Hermeneutics – it is the branch of science which establishes the principles and rules of interpretation and construction of written laws. The application of the said principles and rules is termed exegesis. Different kinds of interpretation A. Close interpretation – adopted if just reasons connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known as “literal” interpretation. B. Extensive interpretation – also called as “liberal” interpretation, it adopts a more comprehensive signification of the words. C. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. D. Free or unrestricted interpretation – proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle. E. Limited or restricted interpretation – influenced by other principles than the strictly hermeneutic ones. F. Predestined interpretation – takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires. Power to construe A. To declare what the law shall be is a legislative power but to declare what the law is or has been is judicial.

B. It is the duty of the courts to construe statutes for the purpose of determining whether a particular act or omission falls within their intended scope or prohibition. C. Limitations on power to construe  Judicial legislation – courts should not modify, amend, remodel or rewrite a statute. This would not be construction anymore but judicial legislation, a usurpation of the power of the legislature.  Judicial non-interference on question of legislative wisdom D. When to construe law  When there is ambiguity or doubt the court clarifies the doubt to arrive at the true intent of the law. E. Requisites for statutory construction  There must be an actual case or controversy;  There is ambiguity in the law involved in the controversy;  See notes F. Executive Construction  The interpretative regulations by officers, administrative agencies, department heads and others officially charged with the duty of administering or enforcing a statute carries great weight in determining its operation.  Executive construction, though often accepted by the judiciary, however, is not binding upon the courts. G. Construction partly void  The rule is where part of a statute is void while the other part is valid, the valid portion, if separable from the invalid, may stand and be enforced.  But in order to do this the valid portion must be so far independent of the valid portion that it is fair to presume that the legislature would have enacted it by itself if they had supposed that they could not constitutionally enact the other.  The valid part must remain to make a complete, intelligible, and valid statute which carries out the legislative intent. H. Effect of rules of construction upon courts

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Unless expressly provided by statute, rules of statutory construction are not mandatory upon courts. On the contrary, they rest on the authority of the courts which have gradually developed them into a complete and detailed system. Courts are not, strictly speaking, bound by them in all cases.

_______________SUBJECTS OF CONSTRUCTION________________ 1. 2. 3. 4. 5. 6.

Constitution Statutes Ordinances Resolutions Executive Orders Department Circulars

CONSTITUTION -Is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. It is the fundamental law of the land, to which all other laws must conform. CONSTITUTION distinguished from STATUTE A constitution lays down general principles and the foundation of government, whereas a statute has to set in detail its purposes or the subject matter of which it treats. Whereas a constitution is of a relatively permanent character; statutes are tentative, in the nature of temporary expedients.

Common parts of Constitution 1. The constitution of liberty – which is a series of prescriptions setting forth the fundamental civil and political rights of the citizens with correlative limitations on the power of government as a means of securing the full enjoyment of those rights; 2. The Constitution of government – which is a set of provisions setting up the governmental framework; 3. The constitution of sovereignty – which is a provision or set of provisions prescribing the procedure for amending the constitution. Kinds of Constitutions A. Unwritten constitution - is one whose provisions have not been reduced to writing and formally embodied in a single document or set of documents. It consists largely of a mass of customs, usages and judicial decisions together with a few legislative enactments of a fundamental character. B. Written constitution – is one the provisions of which are embodied in a single formal document or set of documents. It is the product of a deliberate effort to lay down the fundamental principles in accordance with which the government shall be organized and conducted. C. Cumulative constitution – is one whose origin lies mainly in customs, common law, judicial decisions, and the like. It is the product of evolution and growth, rather than of a deliberate and formal enactment. D. Conventional constitution – or enacted constitution is one which has been formulated either by a constitutional convention or by a royal proclamation. E. Flexible – if it has no more legal force and authority than ordinary legislative enactments. It may be amended at anytime thru ordinary legislative proceedings. F. Rigid – which legally stands over and above ordinary laws and which may be amended only thru proceedings different from the ordinary legislative proceedings. STATUTE A. Is the written will of the legislature solemnly expressed according to the forms necessary to constitute a law of the state. It is an expression of the public will and a mandate of the people acting thru their representatives.

B. Statute Law – has been used interchangeably with the term statute and has been held to mean the same thing. Statute law, however, is a broader term, as it includes not only statutes but also the judicial interpretation and application of such statutes. C. Enactment of statutes in general - nothing becomes a law simply and solely because men who possess the legislative power will enact it. To become a law, a bill must be acted upon by a validly constituted body in a prescribed manner or procedure. - No bill may be enacted into law which shall embrace more than one subject which shall be expressed in the title of the bill. Classification of statutes A. Public law – is one which concerns the interests of the public at large. It need not be a universal rule, in the sense that it applies to the entire territory or to all the people. It is enough that it concerns the public and not merely a private interest, although it is local or special. The anti-subversive act is a good example of a public law. B. Private law – is one which relates to, concerns and effects particular individuals. Private acts specially enumerate by name the person, political subdivision or classes of persons affected in a special number.

Classification of Public Statute A. General law – is one which affects all of the people of the state or all persons or things of a particular class. It operates equally to all persons in the same category. B. Special law – is one which relates either to particular persons or things, or to particular persons or things of a class or which operates on a portion of a class instead of all the class.  NOTE: A statute which relates to persons or things as a class is a general law; whereas, a statute which relates to particular persons or things of a class is special law. C. Local law – is one which concerns over a particular locality instead of over the whole territory of the state. It

applies to any subdivision or subdivisions of the state less than the whole. LEGISLATIVE PROCEDURES A. The power to make laws is lodged in the legislative department of the government. B. A statute starts with a bill. C. Bill – is the draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses. It is enacted into law by a vote of the legislative body. An “Act” is the appropriate term for it after it has been acted on and passed by the 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. ENACTMENT OF STATUTES A. Legislative power is the power to make, alter and repeal laws. 1. Under the 1973 and freedom constitution, the president exercised legislative power which remained valid until repealed. 2. LGU can enact ordinances within their own jurisdiction, but such laws are inferior and subordinate to the laws of the state. 3. Administrative or executive officer can make rules and regulations to implement specific laws. B. Essential feature of the legislative function is the determination of the legislative policy and its formulation and promulgation as a defined and binding rule of conduct. C. A bill is a proposed legislative measure introduced by a member of Congress for enactment into law. D. Passage of a bill: 1. A bill shall embrace only one subject which shall be expressed in the title thereof. It shall be signed by its author and filed with the Secretary of the House. It will be passed to the Secretary of the House and the Secretary will calendar the bill for the first reading. 2. A bill may originate in the lower or upper house except appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, private bills, which shall originate exclusively in the House of Representatives.

3. A bill is approved by either house after it has gone three readings on separate days except when the president certifies to the necessity of its immediate enactment.  Requirements for the passage of bill 1. 3 readings on three separate days (not absolute) 2. Distribute the copies for examination 3. Amend and reconcile the conflicts 4. STEPS: a) First reading: the Secretary reports for the first reading, which consists of reading the number and title of the bill, followed by its referral to the appropriate Committee for study and recommendation. After reviews and study, there will be a Committee report. b) Second Reading: the bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with. After deliberations, debates and amendments, the bill will be voted on second reading. c) Third Reading: No arguments and debates are allowed. Nominal voting; a member may abstain; yeas and nays entered in the journal. Signed by the Senate President and Speaker of House of Rep. Submission to joint bicameral committee – reconciliation of conflicting provisions from both Houses. Submission to the President – either signs it into law or vetoes it with duration of 30 days. d) The bill approved on the third reading by one house is transmitted to the other house for concurrence, which will follow the same procedures as a bill originally filed with it. e) If the other house introduces amendments and the House from which it originated does not agree with said amendments, the differences will be settled by the

Conference Committee (3rd body of the legislature and it can replace everything) of both chambers, whose report or recommendation thereon will have to be approved by both Houses in order that it will be considered assed by Congress and thereafter sent to the President for action.  Members of the Conference Committee - congressman/women, staffs f)

If the President shall veto it, and if after such consideration, two-thirds of all members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law.  VETO - To enable the executive department to protect its integrity as an equal branch of the government. To provide a check on hasty, corrupt, or ill-considered legislation.  Political question is beyond judicial review. When the President decides for the passage of bill not to undergo 3 readings for urgent purposes, it is not unconstitutional.

E. Three ways which a bill becomes a law: a) When the President signs it b) When the President does not sign nor communicate his veto of the bill within thirty days (to allow the President to study) after his receipt thereof c) When the vetoed bill is repassed by Congress by two-thirds vote of all its members, voting separately. (Override of Presidential Vetoes when the houses were given the chance to vote.)

F.

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

The Constitution requires that each House shall keep a journal (Art. 6 Sec. 16(4)). The journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein. With respect to other matters, in the absence of evidence to the contrary, the journals have also been accorded conclusive effect. Considerations of public policy led to the adoption of the rule giving verity (truth) and unimpeachability to legislative records. G. Enrolled Bill – Both Houses approved the proposal of the Conference Committee. Under the enrolled bill doctrine, the text of the act as passed and approved is deemed importing absolute veracity and is binding on the courts. It is conclusive not only of its provisions but also of its due enactment. 

NOTE: If there has been any mistake in the printing of the bill before it was certified by the officer of the assembly and approved by the chief executive, the remedy is by amendment by enacting a curative legislation, not by judicial decree.  Where there is discrepancy between the journal and the enrolled bill, the latter as a rule prevails over the former, particularly with respect to matters not expressly required to be entered in the journal. H. Withdrawal of Authentication – the Speaker and the Senate President may withdraw their signatures from the signed bill where there is serious and substantial discrepancy between the text of the bill as deliberated and shown by the journal and that of the enrolled bill. It thus, renders the bill without attestation and nullifies its status as an enrolled bill. The court can declare that the bill has not been duly enacted and did not accordingly become a law.

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PARTS OF STATUTE A. Title – the heading on the preliminary part, furnishing the name by which the act is individually known. It is usually prefixed to the statute in the brief summary of its contents.  Purpose of one tile-one subject rule: 1. To prevent hodge-podge or log-rolling legislation. What is hodge-podge or log-rolling legislation? - Refers to any legislation that have several subjects on unrelated matters combined together. - If there are two subject matter, the two will be nullified. NOTE: If there is log-rolling, it nullifies everything, not only the defective provision. 2. To prevent surprise or fraud upon legislature, by means of provisions in bills of which the title gave no information, and which might therefore be overlooked and carelessly and unintentionally adopted. 3. To fairly appraise the people through such publication of legislative proceedings as is usually made, of the subjects of the legislation that are being heard thereon.  Sufficient compliance of the one-titlesubject requirement: 1. If the title is comprehensive enough to reasonably include the general object which a statute seeks to effect, without each and every end and means necessary or convenient for accomplishing the subject. 2. If all parts of the law are related and germane to the subject matter expressed in the title. 3. If the title indicates in broad or clear terms, the nature, scope, and consequence of the law and its operations. 4. The title should not be catalogue or index of the bill.

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WHEN REQUIREMENT NOT APPLICABLE - It does not apply to laws in force existing at the time the 1935 Constitution took effect, nor municipal or city ordinances because they do not partake of the nature or laws passed by the legislature.  Effect of Insufficiency of title 1. A statute whose title does not conform to the one tile-one subject or is not related to its subject is null and void. 2. If subject matter of statute is not sufficiently expressed in its title, only the unexpressed subject matter is void leaving the rest in force. Preamble – part of statute explaining the reasons for its enactment and the objects sought to be accomplished. Usually, it starts with “whereas”. Prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed. Laws passed by legislature seldom contain preamble because the statement embodying the purpose, reason, etc is contained in the explanatory note. Presidential decrees and Executive Orders generally have preambles. 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. Body – the main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found.  NOTE: A complex and comprehensive piece of legislation usually contains: a short title, a policy section, definition section, administrative sections, sections prescribing standards or conduct, section imposing sanctions for violation of its provisions, transitory provision, separability clause, repealing clause, and effectivity clause. Repealing Clause - announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law. - Repeal means to rescind, annul or abrogate the law. Saving Clause – restriction in a repealing act, which is intended to save rights, pending proceedings, penalties,

etc. from the annihilation which would result from an unrestricted repeal. G. Separability Clause – provides that in the event that one or more provisions or unconstitutional, the remaining provisions shall still be in force. NOTE: This is not binding upon the Supreme Court. You cannot limit the discrertion of the court to what extent they can interpret or nullify. H. Effectivity Clause – announces the effective date of the law. I. Transitotry Provision EFFECTIVITY OF LAWS A. When laws take effect 1. Art. 2 of the Civil Code provides that “Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.” 2. All laws or statutes, including those of local application and private law shall be published as a condition for their effectivity, otherwise It would violate the due process clause of the constitution. 3. The general rule is that where the law is silent as to its effectivity, or where it provides that it shall take effect immediately or upon its approval, such law shall take effect after 15 days from its publication in the Official Gazette. 4. The completion of publication, from which date the period of publication will be counted, refers to the date of release of the O.G. or newspaper for circulation and not to its date, unless the two dates coincide. Q: what right will be violated if the law was not published? A: Right to due process will be violated and right to information in matter of public concern. 5. The requirement of publication as a condition for the effectivity of statutes applies to Presidential Issuances, except those which are merely interpretative or internal in nature not concerning the public.

B. When presidential issuance, rules, and regulation take effect 1. Rules and regulations of administrative and executive officers are of two types: Whose purpose is to implement or enforce existing law pursuant to a valid delegation or to fill in the details of a statute; whether they are penal or non-penal; this requires publication.  Those are merely interpretative in nature or merely internal in character not concerning the public, does not need publication. 2. In addition, the 1987 Administrative Code provides that:  Every agency shall file with the U.P. Law center three copies of every rule adopted by it. Rules in force on the date of effectivity of this code which are not filed within 3 months from that date shall not be the basis of any sanction against any party or persons. (this is for IRR)  Each rule shall become effective 15 days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare. 3. Publication and filing requirements are indispensable to the effectivity of rules and regulations, except when the law authorizing its issuance dispenses the filing requirements. PRESIDENTIAL ORDINANCES

ISSUANCE,

RULES

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Presidential Issuances: those which the President issues in the exercise of his ordinance power, which have the force and effect of law. They include:  Administrative orders – acts of President which relate to the particular aspects of governmental operations in pursuance of his duties as an administrative head.  Proclamations – acts of the President fixing a date or declaring a statute or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend.

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Memorandum Orders – acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the government.  Memorandum Circulars – acts of the President on matters relating to internal administration which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information or compliance.  General or specific orders – acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines.  Executive Orders – acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers, which do not have the force of statutes. Ordinance power of the president – grants the president to enact a law. C. When local ordinances take effect 1. Local ordinance shall take effect after 10 days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least two other conspicuous places in the local government unit. 2. The secretary of the Sanggunian shall cause the posting of the ordinance within 5 days after its approval. 3. The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation, within the province where the local legislative body concerned belongs. 4. In case of highly urbanized and independent component cities, the main feature of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city. 5. Unless a statute is by its provisions for a limited period only, it continues in force until changed or repealed by the legislature. Law once established continues until changed by some competent legislative power. It is not changed by change of sovereignty.

D. Manner of computing time 1. Where a statute requires the doing of an act within a specified number of days, such as ten days, from notice, it means 10 calendar days and not working days. 2. Where the word “week” is used as a measure of time and without reference to the calendar, it means a period of seven consecutive days without regard to the day of the week from which it begins.  Year: 365 days  Months: 30 days except if the months are designated by their name  Days: 24 hours  Nights: from sunrise to sunset  Week: a period of 7 consecutive days without regard to the say of the week from which it begins. 3. Civil code adopts the 365 day year and the 30-day month and not the calendar year not the solar month. 4. Exclude the first day and include the last day rule governs the computation of a period. If the last day falls on a Sunday or legal holiday, the act can still be done the following day. The principle does not apply to the computation of the period or prescription of a crime, in which the rule is that if the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning said felony cannot be filed on the next working day, as the offense has been by then already prescribed. ORDINANCE - An ordinance is an act passed by a municipal council, in the exercise of its law-making authority. - A municipal ordinance operates only in the territory of the municipal in which it was enacted and can have no force beyond it; exceptions to this rule are allowed in the cases of ordinances enacted to protect the purity of water supply, and ordinances for the acquisition and maintenance of houses for the poor, asylum, and cemeteries. A. Test of Valid Ordinance 1. Must not contravene the Constitution or any statute; 2. Must not be unfair or oppressive;

3. Must not be partial or discriminatory; 4. Must not prohibit but may regulate trade; 5. Must not be general and consistent with public policy; and 6. Must not be unreasonable. B. Reason why an ordinance should not contravene a statute. - Local councils exercise only delegated legislative powers conferred on them by Congress as the national law making body. - The delegate cannot be superior to the principal. RESOLUTION - Enactments of the legislature employed either to express sentiments or opinions, or to carry out the internal affairs of the legislative body, or to make temporary laws, or to establish procedures for constitutional amendments. - Resolutions are generally less formal and therefore are less authoritative expressions of legislative purposes. General rule: Resolutions are not laws, since laws refer to those legislative enactments, which operate on all persons in society and must be enforced by the executive department and sustained by the judiciary. Kinds of resolutions: 1. Simple Resolution – is a formalized motion passed by a majority of a single legislative chamber. It Is usually used to create special committees, to express recognition for meritorious services, to extend sympathy on the death of a member, and to express opinions to another governmental body. It also used to establish rules governing internal affairs. 2. Concurrent Resolution – is a simple resolution but passed by both chambers of the legislature. It performs the same functions as the ordinary simple resolutions, except that it reflects the opinion of the entire legislative body, instead of the opinion of only one chamber. 3. Joint Resolution - is very similar to statutes. It also has to undergo the same process as a bill towards its enactment. It also has to undergo the same process as a bill towards its enactment. Unlike a concurrent resolution, a joint resolution passes thru greater procedural

safeguards and delays calculated expression of a more sober judgment.

to

insure

the

VALIDITY OF STATUTES A. Every statute is presumed valid. To declare a law unconstitutional, the repugnancy of the law to the Constitution must be clear and unequivocal. To strike down a law, there must be a clear showing that what the fundamental law condemns or prohibits, the statute allows it to be done. B. All reasonable doubts should be resolved in favor of the constitutionality of law. To doubt is to sustain. C. The final authority to declare a law unconstitutional is the SC en banc by the “concurrence of a majority of the Members who actually took part in the deliberations. D. Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in appropriate cases. E. Before the court may resolve the question of constitutionality, the following requisites should be present: 1. Existence of an appropriate case or actual case. 2. An interest personal and substantial by the party raising the constitutionality. 3. The plea that the function be exercised at the earliest opportunity. 4. The necessity that the constitutional question be passed upon in order to decide the case. F. Legal Standing (locus standi) – a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. G. Test of Constitutionality - A statute may be declared unconstitutional because: 1. It is not within the legislative power to enact 2. It creates or establishes methods or forms that infringe constitutional principles. 3. Its purpose or effect violates the constitution 4. It is vague. It is vague when it lacks comprehensive standards that men of common intelligence must necessarily guess at its meaning and differ in its application. 5. The change of circumstances or conditions may effect the validity of some statutes, specially

those so-called emergency law designed specifically to meet certain contingencies. H. Effects of Unconstitutionality 1. General Rule: An unconstitutional act is not a law. -

I.

It It It It It

confers no rights. afford no protection. imposes no duties. creates no office. is inoperative as though it had never been passed. 2. Regard should be had to what has been done while the statute was in operation and presumed to be valid. Hence, its operative fact before a declaration of nullity must be recognized. 3. There are two views on the effects of a declaration of the unconstitutionality of a statute: a) Orthodox View – An unconstitutional law confers no right, is not a law, imposes no duties, affords no protection; in legal contemplation, it is inoperative, as if it had not been passed. b) Modern View – The court in passing upon the question of constitutionality does not annul or repeal the statute if it is unconstitutional, it simply refuses to recognize it and determines the rights of the parties as if the statute had no existence. It does not repeal, supersede, revoke or annul the statute. The parties to the suit are concluded by the judgment, but no one else is bound. Partial Invalidity  General Rule: Where part of a statute is void as repugnant to the Constitution, while another part is valid, the valid portion, if separable from the invalid may stand and be enforced.  Exception: When the parts are so mutually dependent and connected. The presence of separability clause creates the presumption that

the legislature intended separability, rather than complete nullity of the statute.

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Statutes -

MIDTERM COVERAGE

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How to ascertain legislative intent? - The cardinal rule of construction is to ascertain the intention and meaning of the legislature for the purpose of giving effect thereto. - The application of the law according to the spirit and intent of the legislative body is the principal objective of judicial interpretation. - Legislative intent should accordingly be ascertained from a consideration of the whole context of the statute and not from an isolated part of particular provision. - The best source from which to ascertain the legislative intent is the statute itself - the words, phrases, sentences, sections, clauses, provisions – taken as a whole and in relation to one another. - STATUTE AS A WHOLE NOT BY PARTS Liberal or Strict Construction - Whether a statute or some of its provisions, calling for construction should be construed liberally or strictly depends on a combination of several factors, namely: 1. The former law on the matter; 2. The persons or rights with which it deals; 3. The letter or language of the law; and 4. The purposes and objects of the statute. Statutes in derogation of common rights, how construed.

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Statutes in derogation of common law or common rights are strictly construed. An abrogation of the common law or common rights is not favored; statutes seeking to accomplish this end are generally strictly construed. Thus, the statutes which operate in restraint of personal liberty, or civil rights or which grant power to deprive persons of their property, or which restrain the freedom of contract, or the exercise of any trade or occupation, have all been held as calling for the strict judicial construction. ALWAYS APPLIED IN CASE OF DOUBT prescribing the formalities and wills, how construed. Statutes prescribing the formalities to be observed in the execution of will are very strictly construed. Failure to comply is fatal. The will being entirely void cannot be admitted to probate. Question: Why is it construe against the validity of the will? Answer: since the testator is already dead, he cannot anymore defend his last will and testament. ALWAYS APPLIED IN CASE OF DOUBT The will cannot be admitted to probate.

Naturalization laws, how construed. - Naturalization laws should rigidly be enforced and strictly construed in favor of government and against the applicant. - ALWAYS APPLIED IN CASE OF DOUBT Statute conferring the right of eminent domain, how construed. - The exercise of the right of eminent domain, whether directly by the state, or its authorized agents, is necessarily in derogation of private rights, and the rule in this case is that the authority must be strictly construed. - If there is doubt, in favor of individual and against of government. Tax Exemption, how construed. - Tax exemptions are held strictly against the taxpayer, and if not expressly mentioned in the law must be within its purview by clear legislative intent. - Taxes are lifeblood of the government that’s why it is always against the claim of the taxpayer.

Prospective and retrospective interpretation, distinguished.  Prospective interpretation – is that which limits the operation of a statue to such facts and causes arising after its enactment.  Retrospective interpretation – is that which hold the statute to be applicable to or governing transactions or states of facts wholly completed prior to its enactment.  If the statute is to apply hereafter/thereafter, or is it to take effect at a fixed future date or immediately, such statute will only apply prospectively.  On the other hand, the words “heretofore” and “therefore” or other expression denoting a past time expressly give the statute a retrospective operation.  In the absence of such words indicative of the extent of the statute’s operation, the general rule, is that a statute will be construed prospectively. Exception, unless the legislative intent that it be given a retrospective operation clearly appears by necessary or unavoidable implication.  In every case of doubt, the doubt must be resolved against the retrospective effect and in favor of prospective construction.  A statute is not retrospective just because it relates to antecedent event; it is retrospective only when it is applied to rights acquired prior to its enactment.  When a statute is given prospective construction then it can only apply to transactions occurring after its passage. It cannot interfere with nor alter the effects of rights and obligations acquired or incurred prior thereto. Ex post facto law - Section 22, Article III, 1987 Constitution  No ex post facto law or bill of attainder shall be enacted.  An ex post facto law is any of the following: - A law which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act; - A law which aggravates a crime, or makes it greater than it was, when committed; - To test whether the ex post facto clause of the Constitution is violated: - Does the retroactive application of the law - Take from the accused

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Any right That was regarded at that time As vital for the protection of the life and liberty? - Scope of prohibition against ex post facto law: - Applies only to criminal or penal maters - Not to laws which concern civil proceedings generally. - Ex post facto law prohibited, exception. - If it favors the accused. - Exception to the exception: - If the accused is a habitual delinquent. - Statue provides it does not apply to existing statutes or pending cases. - Where the accused disregards the later law and invokes the prior statute under which he was prosecuted. Bill of attainder, defined.  Legislative act which Inflicts punishment without the benefit of judicial trial. NOTES: Common rights – to acquire property, freedom of contract Bill of attainder - about death penalty Bill of pains - when the penalty is lower than death

Verba Legis - If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey. - It must be given its literal meaning, applied without interpretation. - Is this binding in the courts? - No. It’s up to the Supreme Court whether they will apply the law or not. Index animi sermo est - Speech is the index of intention. Ratio Legis - In construing a statute, the court looks into the spirit of and reason for the law.

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If adherence to the letter of the law leads to absurdity, injustice, contradictions or defeat the plain purpose of the law. Ratio legis applies Apparent inaccuracies and mistakes in mere verbiage or phraseology will be overlooked to give effect to the spirit of the law.

Antecedent – a word or phrase that a subsequent or consequent word refers to. - Distributive – refers to each member of the group individually and separately. Ex. Each, every, either Expressio Unius Ext Exclusion Alterius - Mention of one thing implies the exclusion of another. Noscitur A Sociis - Meaning of particular terms in a statute may be ascertained by reference to words - Associated with or related to them in statute

Dura lex sed lex - The law may be harsh, but it is still the law. Mens legislatories - Courts look into the following: Object to accomplished; Evils and mischief to be remedied - Statute liberally construed to serve its purpose - Even if its literal interpretation says otherwise

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Ejusdem Generis - Where general term follows particular things, the general term is construed to include those things or persons of the same class as those specifically enumerated. Ejusdem Generis, purpose. - Give effect – both specific and general words. - Particular words indicate the class and the general includes all embraced in said class although not specifically named. - Q: What is the reason why there are words that are not enumerated in the statute? (ex: and other persons...) - A: To avoid the error of not including something that can be protected by law. Reddendo Singula Singulis - Doctrine of collocation - Association between two words that are typically or frequently used together - Where the sentence has several antecedents and consequents, they are to be read distributively

Casus Omissus (omit) - Words or phrases may be supplied by the courts and inserted in a statute. - Where it is necessary to eliminate repugnancy and inconsistency to complete the sense and give effect to the intent. - Used to supply omissions caused by clerical error, by accident or inadvertence. - Legal issues are governed by statutory laws - Q: What will the SC do if something is missing in the law? - A: the court will supply the missing part. The court should verify the missing word, it doesn’t mean they have to insert the word literally (cos it will amend the law). The insertion/supplying the missing word is not mechanical (encode) but only theoretical by construction or interpretation. Since it will violate the enrolled bill principle that the court cannot change an enrolled bill. - Requisites by which the Supreme Court can insert 1. The omitted words are plainly indicated in the context. 2. Palpable meaning manifested. 3. Verifiable from other parts of the statute.  Q: Is this not judicial legislation?

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A: No. Since the insertion of the word is only theoretical.