Statutory Construction – AgpaloImportant! Statutory construction principles hold true only when there is doubt or ambiguity in the law and not when the law itself is clear and free from doubt, leaving no room for interpretation.

Expresso unius est exclusio alterius Express mention of one person, thing, or consequence implies the

exclusion of all others DEPENDS ON LEGISLATIVE INTENT Canons of restrictive interpretation based on the rules of logic and

the natural workings of the human mind Predicated upon one’s own voluntary act and not upon that of

others Premise: 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

Opposite of doctrine of necessary implication Variations:

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 general expression followed by exceptions therefrom

implies that those which do not fall under the exceptions come within the scope of the general expression

A thing not being excepted must be regarded as coming within the purview of the general rule

Maxim of recognized utility is the rule that the express exception, exemption or saving excludes others

3) Exceptio firmat regulam in casibus non exceptis 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

Basis: in human experience, minds of parties are usually addressed specially to the particularization, and generalities are used in contemplation of that upon which the minds of the parties are centered

Generally used in the construction of statutes granting powers, creating rights and remedies, restricting common rights, and imposing penalties and forfeitures, as well as those statutes which are strictly construed

Not a rule of law nor of universal application but a mere auxiliary tool of statutory construction or a means of ascertaining the legislative intent

Cannot be used to defeat plainly indicated purpose of legislature, rule not being inflexible nor a mechanical or technical tool

Limitations – when it does not apply:1) Where other circumstances indicate that the enumeration was

not intended to be exclusive2) Where the enumeration is by way of example or to remove

doubts only3) If its application will result in incongruities or a violation of

the equal protection clause of the Constitution If there is some special reason for mentioning one thing and

none for mentioning another which is otherwise within the statute, so that the absence of any mention of such other will not exclude it

In case a statute appears upon its face to limit the operation of its provision to particular persons or things by enumerating them, but no reason exists why other persons or things not so enumerated should not have been included and manifest injustice will follow by not including them

4) If adherence thereto would cause inconvenience, hardship, and injury to the public interest

Argumentum a contrario Also known as the negative-opposite doctrine What is expressed puts an end to that which is implied

Dissimilum dissimilis est ratio Of things dissimilar, the rule is dissimilar

Casus omissus pro omisso habendus est A person, object or thing omitted from an enumeration must be

held to have been omitted intentionally Proceeds from reasonable certainty that P,O,T has been omitted

from a legislative enumeration Operates and applies only if and when the omission has been

clearly established, and in such a case what is omitted in the enumeration may not, by construction, be included therein. Court cannot supply omission even though it may have resulted from inadvertence or because case was not foreseen nor contemplated.

Does not apply where it is shown that the legislature did not intend to exclude the P,O,T from the enumeration. If such legislative intent is clearly indicated, court may supply the omission if to do so will carry out the clear intent of the legislature and will not do violence to its language.

Ubi lex non distinguit, nec nos distinguere debemus Where the law does not distinguish, courts should not distinguish There should be no distinction in the application of a statute where

none is indicated Founded on logic Assumption: Legislature made no qualification in the use of a

general word or expression Corollary of principle that general words and phrases in a statute

should ordinarily be accorded their natural and general significance Corollary rule: where the law does not make any exception, courts

may no except something therefrom, unless there is compelling reason apparent in the law to justify it

Applies not only in the construction of general words and expressions used in a statute but also in the interpretation of a rule laid down therein

Where the legislature has clearly laid down a rule for one class of cases it is not readily to be supposed that, in the same act, a different rule has been prescribed for another class of cases within the same as the first

Courts may distinguish when there are facts and circumstances showing that the legislature intended a distinction or qualification (as in Garvida vs. Sales SK member or official age limit)

Reddendo singula singulis Variation of the doctrine of last antecedent Referring each to each; referring each phrase or expression to its

appropriate object, or let each be put in its proper place, that is, the words should be taken distributively

Requires that the antecedents and consequences should be read distributively to the effect that each word is to be applied to the subject to which it appears by context most appropriately related and to which it is most applicable

Doctrine of Necessary Implication Ex necessitate legis = from the necessity of the law No statute can be enacted that can provide all the details involved

in its application. There is always an omission that may not meet a particular situation. So-called gaps in the law develop as the law is enforced.

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Statutory Construction – Agpalo What is implied in a statute is as much a part thereof as that which

is expressed Every statute is understood, by implication, to contain all such

provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms (to make the law effective and operative)

Every statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege because the greater includes the lesser (in eo quod plus sit, simper inest et minus)

Limitations:1) Excludes what is merely plausible, beneficial or desirable

May not be used to justify the inclusion in a statute of what to the court appears to be wise and just, unless it is at the same time necessarily and logically within its terms

2) May not be employed to support an interpretation destructive of the object or purpose of the law

What may be necessarily implied from a statute should be consistent with, and not contrary to, the Constitution or to existing laws

Implication which is violative of the law is unjustified or unwarranted

Provisos Office of a proviso is either to limit the application of the enacting

clause, section, or provision of a statute, or to except something therefrom, or to qualify or restrain its generality

Primary purpose is to limit or restrict the general language or operation of the statute, not to enlarge it

Commonly found at the end of a section, or provision of a statute, and is introduced, as a rule, by the word “Provided” or by some other words or phrases such as “but nothing herein”

WHAT DETERMINES whether a clause is a proviso is its SUBSTANCE rather than its form, a question of legislative intent

General rule: qualifies or modifies only the phrase immediately preceding it or restrains or limits the generality of the clause that it immediately follows, unless it is clear that the legislature intended it to have a wider scope

Should be construed as to harmonize, not to repeal or destroy, the main provision of the statute

When there is irreconcilable conflict between proviso and main provision of statute, that which is located in a later portion of the statute prevails, unless there is legislative intent to the contrary or such construction will destroy the whole statute itself. This is so because the later provision is the latest expression of the intent of the legislature.

Other functions of proviso:1) May enlarge scope of law

May enlarge, instead of restrict or limit, what otherwise is a phrase of limited import had there been no proviso qualifying it

2) May assume the role of additional legislation A clear and unqualified purpose expressed in the opening

statement of a section of a statute comprising several subdivisions has been construed as controlling and limiting a proviso attached to one of the subdivisions, where the proviso, if segregated therefrom, would mean exactly the reverse of what it necessarily implied when read in connection with the limitation

Exception Clauses Consists of that which would otherwise be included in the

provision from which it is excepted

Clause which exempts something from the operation of a statute by express words

Generally expressed as “EXCEPT,” “UNLESS OTHERWISE,” and “SHALL NOT APPLY”, words used to take out of the enactment something which would otherwise be part of its subject matter

Exception if it removes something from the operation of a provision of law

Function neither to color nor to dominate nor to destroy the general rule but rather, to confirm the general rule. Should not be construed to qualify the words or phrases constituting the general rule.

Express mention of exceptions operates to exclude other exceptions, which means those not enumerated are included in the general rule

General rule: strictly but reasonably construed; extend only insofar as their language fairly warrants; all doubts should be resolved in favor of the general provisions rather than the exception

Exception Clauses vs. Provisos1) As to operation of statute

E: exempt something absolutely from the operation of a statute by express words in the enacting clause

P: defeats its operation conditionally2) As to limitation / restriction of statute

E: takes out of the statute something that otherwise would be a part of the subject matter of it

P: avoids them by way of defeasance or excuse3) As to nature vis-à-vis enactment

E: Generally a part of the enactment itself, absolutely excluding from its operation some subject or thing that otherwise would fall within its scope

P: enactment is modified by engrafting upon it a new provision, by way of amendment, providing conditionally for a new case

E & P similar in that they both except something from an enacting clause

Saving Clauses Clause which operates to except from the effect of the law what the

clause provides, or to save something which would otherwise be lost

Usually used to except or save something from the effect of a repeal of a statuteo Legislature may preserve right of state to prosecute and punish

offenses committed in violation of a repealed lawo Where existing procedure is altered or substituted by another,

usual to save proceedings pending under the old law at the time the new law takes effect

Construe in the light of the legislative intent and purpose, principal consideration being to effectuate such intent or carry out such purpose

Either liberal or strict construction depending upon the kind of interpretation that should, considering its nature, be given to the statute as a whole

Construction of Statute as a Whole Statute is passed as a whole and not in parts or sections and is

animated by one general purpose and intent Intent or meaning of a statute should be ascertained from the

statute taken as a whole and not from an isolated part or provision thereof

Purpose or context as controlling guide

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Statutory Construction – Agpaloo A statute must receive such reasonable construction as will

make all its parts harmonize with each other and render them consistent with its scope and object.

Giving effect to statute as a wholeo Every part of a statute should be given effect because a statute is

enacted as an integrated measure and not as a hodgepodge of conflicting provisions

o Ut res magis valeat quam pereat = construction is to be sought which gives effect to the whole of the statute – its every word

o Where a statute is susceptible of more than one interpretation, the court should adopt such reasonable and beneficial construction as will render the provision thereof operative an effective and harmonious with each other

Where there is a particular or special provision and a general provision in the same statute and the latter in its most comprehensive sense would overrule the former, the particular or special provision is construed as an exception to the general provision.

Law should be interpreted with a view to upholding rather than destroying it (Interpretatio fienda est ut res magis valeat quam pereat)

Presumption: Legislature has enacted a statute whose provisions are in harmony and consistent with each other and that conflicting intentions in the same statute are never supposed or regarded. Law enacted is complete by itself, that the legislature did perform its function well and that it intended to impart to its enactment such a meaning as will render it operative and effective.

Where absolute harmony between parts of a statute is demonstrably not possible, the court must reject that one which is lease in accord with the general plan of the whole statuteo In case of irreconcilable conflict between two provisions of the

same statute, the last in order of position is frequently held to prevail unless it clearly appears that the intent of the legislature is otherwise

o The circumstances of their passage, among other aids to construction, should also be inquired into to determine which should prevail

Construction in Relation to Other Statutes Statute should be construed in harmony with, and not in violation

of, the fundamental law. Legislature presumed to have adhered to the constitutional limitations.o If there is doubt or uncertainty as to the meaning of the

legislature, that interpretation will be adopted which will avoid the effect of unconstitutionality, even though it may be necessary, for this purpose, to disregard the more usual or apparent import of the language employed. However, court cannot, in order to bring a statute within the fundamental law, amend it by construction.

Statutes in pari materiao When they relate to the same person or thing, or have the same

purpose or object, or cover the same specific or particular subject matter

o Statute should be so construed not only to be consistent with itself but also to harmonize with other laws on the same subject matter as to form a complete, coherent and intelligible system

o Interpretare et concordare leges legibus est optimus interpretandi modus = best methodi of interpretation is that which makes laws consistent with other laws; every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence

o Distingue tempora et concordabis jura = distinguish times and you will harmonize laws

o Presumption: all laws are consistent with each other

o Assumption: Whenever the legislature enacts a law, it has in mind the previous statutes relating to the same subject matter, and in the absence of any express repeal or amendment, the new statute is deemed enacted in accord with the legislative policy embodied in those prior statutes. Later statutes are supplementary or complimentary to the earlier enactments.

o Question is whether the later act has impliedly amended or repealed the earlier statute. In case of doubt, the doubt will be resolved against implied amendment or repeal and in favor of harmonization of all the laws on the subject.

o Statute will not be construed as repealing a prior act on the same subject in the absence of words to that effect unless 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 comprise itself the sole and complete system of legislation on the subject

General and special statuteso General – one which embraces a class of subjects or places and

does not omit any subject or place naturally belonging to such class; one of universal application affecting the entire community

o Special – one which relates to particular persons or things of a class or to a particular portion or section of the state only

o Fact that one law is special and the other general creates a presumption that the special act is to be considered as remaining an exception of the general act, one as a general law of the land and the other as the law of the particular case; period when the special law was passed is irrelevant

o Where two statutes are of equal theoretical application to a particular case, the one designed therefor specially should prevail

o Reason: Legislature in passing a law of special character has its attention directed to the special facts and circumstances which the special act is intended to meet

o Presumption: General law refers to the subject in general and the special law treats the same subject in particular.

o Exceptions:1) Where the legislature clearly intended the later general

enactment to cover the whole subject and to repeal all prior laws inconsistent therewith, the general law prevails over a special law on the subject. Special law repealed.

2) Where the special law merely establishes a general rule while the general law creates a specific and special rule, general law prevails.

Reference statuteso A statute which refers to other statutes and makes them

applicable to the subject of legislationo Incorporation in a statute of another statute by referenceo Frequently used to avoid encumbering the statute books of

unnecessary repetitiono Adoption by reference of a statute that was previously repealed

revives the statuteo Adoption takes the adopted statute as it exists at the time of

adoption and does not include subsequent changes or modification of the statute so taken, unless it does so expressly

o Construed as to harmonize with, and give effect to, the adopted statute

Supplemental statuteso One intended to supply deficiencies in an existing statute and to

add to, complete, or extend the statute without changing or modifying its original text

Reenacted statutes

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Statutory Construction – Agpaloo Statute which reenacts a previous statute or the provisions

thereof; one in which the provisions of an earlier statute are reproduced in the same or substantially the same words

o Legislative expression of intention to adopt the construction as well as the language of the prior act

o When a statute or a provision thereof has been construed by the Supreme Court and the same is substantially reenacted, the legislature may be regarded as adopting such construction, and the construction becomes an integral part of the reenacted statute with the force and effect of a legislative command

o Where a statute provides that all laws not inconsistent with the provisions thereof are deemed incorporated and made integral parts thereof by reference, such previous laws on the same subject matter are deemed reenacted

Adopted statuteso A statute patterned after, or copied from a statute of a foreign

countryo Presumption: Legislature adopted such construction and

practices with the adoption of the law but does not apply to construction given the statute subsequent to its adoption, although it has persuasive effect on the interpretation

Strict and Liberal Construction Kind of construction depends upon the nature of the statute, the

purpose to be subserved and the mischief to be remedied; that which will best accomplish the end desired and effectuate legislative intent

Strict constructiono Construction according to the letter of a statute, which

recognizes nothing that is not expressed, takes the language used in its exact meaning, and admits no equitable consideration

o Scope shall not be extended or enlarged by implication, intendment, or equitable consideration beyond the literal meaning of its terms

o Close and conservative adherence to the literal or textual interpretation

Liberal constructiono Such equitable construction as will enlarge the letter of a statute

to accomplish its intended purpose, carry out its intent, or promote justice

o Does not mean enlargement of a provision which is clear, unambiguous and free from doubt for a statute which is plain and clear is not subject to construction

o Statute will be given a liberal interpretation so as to save the statute from obliteration

Liberal construction vs. Judicial legislationo Construction: court from the language used, the subject matter,

and the purpose of the legislature will be able to find out the true meaning of the statute; legitimate exercise of judicial power

o Legislation: act of the court in engrafting upon a law something which it believes ought to have been embraced therein; forbidden by the tripartite division of powers

Construction should promote social justice – constitutional mandate

Construction should promote general welfare or growth of civilizationo Reason of the law is the life of the lawo Salus populi suprema lex = voice of the people is the supreme

lawo Statuta pro publico commodo late interpretantur = statutes

enacted for the public good are to be construed liberally

Strict Construction

Remember that rules of interpretation are rules of construction, not destruction

Penal statutes against the stateo Test is whether a penalty is imposed for the punishment of a

wrong to the public or for the redress of an injury to an individual

o Strictly construed against the state and liberally in favor of the accused

o Where a statute penalizes the omission of an act on certain specific occasions, it cannot be construed to penalize it on all occasions

o No person should be brought within the terms of a statute who is not clearly within them, nor should any act be pronounced criminal which is not clearly made so by the statute

o Reason: safeguard the rights of the accused and at the same time preserve the obvious intention of the legislature; purpose is to provide a precise definition of forbidden acts

o Acts in and of themselves innocent and lawful cannot be held to be criminal unless there is a clear and unequivocal expression of the legislative intent to make them such

o Actus non facit reum nisi mens sit rea = the act itself does not make a man guilty unless his intention were so

o Actus me invito factus non est meus actus = an for the support of the governmentact done by me against my will is not my act

o Construction depends upon the intent of the legislature, taking into consideration the nature of the offense, the purpose to be accomplished and such other factors as will throw light upon the meaning of the language

o Limitations:1) Where the language is plain and positive, willful intent and

purpose, nothing is left to interpretation2) Where a literal meaning would lead to absurdity,

contradiction, injustice, or would defeat the clear purpose of the law, the court should consider the spirit and reason of a statute. Strict construction of a criminal statute does not mean such construction as to deprive it of the meaning intended.

Statutes in derogation of rights against the stateo State may enact legislations curtailing or restricting enjoyment

of certain rights (inherent, guaranteed by Constitution or protected by law) in the exercise of its police power

o Where there are two reasonably possible constructions, one which would diminish or restrict a fundamental right of the people and the other which would not do so, the latter construction must be adopted so as to allow full enjoyment of such fundamental right

Statutes granting privileges to certain entities against the granteeo Those who invoke a special privilege granted by a statute must

comply strictly with its provisions or lose themo Privilegia recipiunt largam interpretationem voluntati

consonam concedentis = privileges are to be interpreted in accordance with the will of him who grants them

o Dura lex sed lex = the law may be harsh, but that is the law; applied in the matter of rights and privileges granted subject to conditions

Legislative grants to local government units against the granteeo Grants of a public nature (usually a gratuitous donation of public

money or property) which result in an unfair advantage to the grantee

o Narrowly restricted in favor of the public Statutory grounds for suspension or removal of public officialso Remedy of removal is a drastic one and penal in natureo Strictly construed to prevent injustice and harm to the public

interest

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Statutory Construction – Agpaloo Distinguishes between the character of the man and the

character of the officer, and limits the grounds for removal to only those as enumerated

Naturalization laws against the applicanto Right to become a citizen by naturalization is statutory, not

natural Statutes imposing taxes and customs duties most strongly against

the stateo Burdens are not to be imposed nor presumed to be imposed

beyond what statutes expressly and clearly importo Reason: burdens personal and property rights of the people;

taxation a destructive power Statutes granting tax exemptions against the taxpayero Taxation lifeblood of nation and as such, is the rule and

exemption the exceptiono Basis: to minimize the different treatment and foster

impartiality, fairness, and equality of treatment among taxpayerso Limitations:

1) Where the law provides no qualification for the granting of tax exemption, the court is not at liberty to supply one

2) Does not apply in tax exemptions in favor of the government itself or its agencies (exemption is the rule, taxation the exemption)

Statutes concerning the sovereigno Restrictive statutes imposing burdens on the public treasury

strictly construedo Do not embrace the sovereign unless the sovereign is

specifically mentioned Statutes authorizing suits against the governmento Basis: There can be no legal right as against the authority that

makes the law on which the right depends (Nullum tempus occurrit regi)

o Subjects the state to inconvenience and loss of governmental efficiency

o May not be circumvented by directing the action against the officers of the state instead of against the state itself

o Consent to be sued should not be interpreted to authorize garnishment of public funds to satisfy a judgment against the State or the issuance of a writ of execution against government property

Statutes prescribing formalities of will against testatoro Will must be executed in accordance with statutory requirements

or else entirely voido Court is seeking to ascertain and apply legislators’ intent, not

testator’s Exceptions and Provisos against exceptions and in favor of general

provisionso Preference is an exception to the general rule

Liberal Construction General welfare legislation in favor of those whom the law

intended to benefito Statutes enacted to implement the social justice and protection-

to-labor provisions of the Constitutiono Labor laws, tenancy laws, land reform laws, social security laws

General welfare clause on the power of local governments in favor of LGUso 2 branches:

1) Main trunk of municipal authority Ordinances and regulations necessary to carry

into effect and discharge the powers and duties conferred upon local legislative bodies by law

2) Independent of the specific functions enumerated by law

Ordinances necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the LGU and the inhabitants thereof, and for the protection of property therein

o More powers to LGUs in promoting economic condition, social welfare and material progress of the people in the community

o Elastic and must be responsive to various social conditions Statutes prescribing limitations on taxing powers in favor of LGUso 1973 Constitution gives LGUs power to create its own sources

of revenue and to levy taxes, etc. Statutes prescribing prescriptive period to collect taxes in favor of

taxpayerso Beneficial to both government (tax officers obliged to act

promptly) and citizens (security against unscrupulous tax agents)

o Remedial measure to bring about beneficial purpose of affording protection to taxpayers

Statutes imposing penalties for nonpayment of tax in favor of governmento Supported by strong reasons of public policy and imperatives of

public welfareo Intended to hasten tax payments or to punish evasions or neglect

of duty in respect theretoo Should be construed to avoid the possibilities of tax evasions

Election laws to give effect to the express will of the electorateo Intended to safeguard the will of the people in their choice of

their representatives; involves public interesto Technicalities should not be sanctioned when it will be an

obstacle in the determination of the true will of the electorate Amnesty proclamations in favor of amnestyo Purpose: encourage the return to the fold of the law of those who

have veered from ito Amnesty and pardon synonymous thus, grant of pardon should

likewise be construed liberally in favor of those pardoned Statutes prescribing prescriptions of crimes in favor of the accusedo Statute of limitation or prescription of offense in the nature of an

amnesty granted by the state after a certain time has passedo Liberality of construction belongs to all acts of amnesty and

grace Adoption statutes in favor of the adoptedo Liberal concept that the statutes hold the interest and welfare of

the child to be of paramount considerationo Liberally construed to promote the noble and compassionate

objectives of the law Veteran and retirement pension laws in favor of pensionerso Remedial in charactero Expression of gratitude to and recognition of those who

rendered service to the country by extending to them regular monetary benefit

o Liberally construed to the end that their noble purpose is best accomplished but should prevent a person from receiving double pension or compensation unless the law provides otherwise

o (case law) Administrative regulations adopted under legislative authority by a particular department must be in harmony with the provisions of the law, and should be for the sole purpose of carrying into effect its general provisions

Rules of Court in favor of litigantso Procedural in charactero Purpose: the proper, just, speedy and inexpensive determination

of a litigationo Should not be interpreted to sacrifice substantial rights of a

litigant at the altar of technicalities to the consequent impairment of the principles of justice

[Type text]

Statutory Construction – Agpaloo Litigants should be given ample opportunity to prove their

respective claims and a possible denial of substantial justice due to legal technicalities should be avoided

Other statuteso Remedial in natureo Redemption laws purpose: to enable the debtor to have his

property applied to pay as many of his liabilities as possibleo Construction in favor of exemption from execution (beneficent

and humane purpose)o Laws on attachment to promote their objects and assist the

parties in obtaining speedy justiceo Warehouse receipt laws in favor of bona fide holders of such

receiptso Probation law by extending the benefits thereof to anyone not

specifically disqualified (purpose is to give offenders a second chance to maintain his place in society through the process of reformation)

o Statute granting powers to a Constitutional agency for the advancement of the purposes and objectives for which it was created

Mandatory and Directory Statutes Classification is important in resolving the question of what effect

should be given to the mandate of a statute No absolute test for determining classification but primary object

is to ascertain legislative intent which must be obtained from all the surrounding circumstances (entire statute, nature, object, purpose, legislative history, in connection with other related statutes, consequences in construing it one way or the other)

Does not depend on form of statute but on its effect Depends on whether the thing directed to be done is of the essence

of the thing required or is a mere matter of form Determined primarily from the language of the statute; “shall” and

“may” rule is not absolute A negative statute is mandatoryo One expressed in negative words or in the form of an affirmative

proposition qualified by the word “only,” said word having the force of an exclusionary negation

o Cannot be directory since only one way to obey Distinction applicable to both fundamental and statutory laws

Mandatory Statutes Matter of substance Legislative intent that compliance essential to the validity of an act Statute which contains words of command or of prohibition (shall,

must, ought, should, cannot, shall not, ought not) Where a statute provides for the doing of some act which is

required by justice or public duty, or where it vests a public body or officer with power and authority to take such action which concerns the public interest or rights of individuals

What law decrees must be obeyed against pain of sanction or declaration of nullity of what is done in disregard thereof

Statutes conferring powero Construed as imposing rather than conferring privileges since

for benefit of third persons, not of public officers

Statutes granting benefitso When certain conditions are required before benefits can be

availed of, conditions mandatory Statutes prescribing jurisdictional requirementso Statutory requirements by which courts or tribunals acquire

jurisdiction to hear and decide particular actions must be strictly complied with before the courts or tribunals can have authority to proceed

Statutes prescribing time to take action or to appealo Indispensable to the prevention of needless delays and to the

orderly and speedy discharge of businesso Necessary incident to the proper, efficient, and orderly discharge

of judicial functionso Require strict, not substantial, compliance and are not waivable

nor can they be subject to agreements or stipulationso Jurisdictional (procedural) in natureo Reason: sound public policy demands that judgments should

become final at some definite date fixed by law (Interest reipublicae ut sit finis litium = public interest requires that by the very nature of things there must be an end to a legal controversy)

Statutes prescribing procedural requirementso Every act which is jurisdictional, or of the essence of the

proceedings, or is prescribed for the protection or benefit of the party affected

Election laws on conduct of electiono Affects the conduct of the elections and those which direct or

require election officials to do or perform certain acts; procedural in nature

o Purpose: to preserve the sanctity of the ballot and carry out the will of the electorate

o Mandatory before the elections; directory after especially if voters will be deprived of their votes without any fault on their part if mandatory

Election laws on qualification and disqualificationo Mandatory whether before or after elections

Statutes prescribing qualifications for officeo Eligibility to a public office is of a continuing nature and must

exist at the commencement of the term and during the occupancy of the office

o If a person is not qualified at the time he assumed office, or he loses such eligibility or qualifications during the continuance of his incumbency, he may be ousted from office

Statutes relating to assessment of taxeso Mandatory when intended for the security of the citizens, to

insure the equality of taxation, for certainty as to the nature and amount of each other’s tax

o Directory when merely for information or direction of officers or to secure methodical and systematic modes of proceedings

Statutes concerning public auction saleo In derogation of property rights and due processo Mandatory with respect to the prescribed procedure

Directory Statutes Matter of convenience No substantial rights depend on it, no injury can result from

ignoring it, and the legislative intent can be accomplished in a manner other than that prescribed with substantially the same result

Statute which is permissive or discretionary in nature (may) Noncompliance not necessary to validity of the act Constitutional provisions are directory where they refer to matters

merely procedural Statutes prescribing guidance for officerso Do not limit their power or render its exercise in disregard of the

requisitions ineffectualo Regulations designed to secure order, system and dispatch in

proceedings Statutes prescribing manner of judicial actiono Requirements that judges should follow in the discharge of their

functions

[Type text]

Statutory Construction – Agpaloo Purpose: to provide an orderly procedure for the conduct of

public businesso Procedure merely secondary to substantive right

Statutes requiring rendition of decision within prescribed period (Constitutional time provisions)o Directory unless language of the statute contains negative words

or shows that the designation of the time was intended as a limitation of power, authority or right

o Ground of expediency: less injury results to the general public by disregarding than enforcing the letter of the law

o Failure to comply within prescribed period does not deprive judges of jurisdiction but they will face administrative sanctions

Prospective and Retroactive Statutes Presumption: All laws operate prospectively, unless intended

otherwise by express declaration or necessary implication, whether the statute is in the form of an original enactment, an amendment or a repealo Lex prospicit, non respicit = law looks forward, not backwardo Lex de futuro, judex de praeterito = law provides for the future,

the judge for the pasto Nova constitutio futuris formam imponere debet non praeteritis

= a new statute should affect the future, not the past Reason: a law is a rule established to guide actions with no binding

effect until it is enacted; has no application to past but only to future times

Presumption stronger with reference to substantive laws affecting pending actions or proceedings

Law may be made operative partly on facts that occurred prior to the effectivity of such law without being retroactive

Prospectivity applies to statutes, administrative rulings and circulars and judicial decisions (evidence of what the laws mean)

General rule does not apply to statutes relating to remedies or modes of procedure which neither create new nor take away vested rights but only operate in furtherance of the remedy or confirmation of rights already existing and is presumptively applicable to all actions

Word “shall” implies that the lawmakers intend the enactment to be effective only in the future

When law expressly provides that it shall be retroactive but it violates any of the constitutional restrictions, it shall be applied prospectively to save it from being declared unconstitutional

Prospective Statutes One which operates upon facts or transactions that occur after the

statute takes effect, one that looks and applies to the future Penal statuteso Nullum crimen sine poena, nulla poena sine legis = there is no

crime without a penalty, and there is no penalty without a lawo Art. 21 RPC

Ex post facto lawo Retroactive application prohibited by Constitution but limited in

scope and applies only to penal matters, not to laws which concern civil proceedings generally or which affect or regulate civil or private rights or political privilege

o 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? Yes = EPF law

1) Law which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act

2) Law which aggravates a crime, or makes it greater than it was, when committed

3) Law which changes the punishment and inflicts a greater punishment than that annexed to the crime when committed

4) Law which alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense

5) 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

6) 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

Bill of attainder prohibited by Constitutiono Legislative act which inflicts punishment without judicial trial;

has EPF featureso Characteristics: singling out of a definite minority; imposition of

a burden on it; legislative intent; retroactive application to past conduct

o Essence: substitution of a legislative for a judicial determination of guilt

o Purpose of constitutional bar: implement the principle of separation of powers by confining the legislature to rule-making and thereby forestalling legislative usurpation of judicial functions

o History: BoA employed to suppress unpopular causes and political minorities

Statutes substantive in natureo Law which creates, defines or regulates rights concerning life,

liberty or property and duties which give rise to a cause of action, or the powers of agencies or instrumentalities for the administration of public affairs; that which declares what acts are crimes and prescribes the punishment for committing them (as applied to criminal law)

o Substantive right = one which includes those rights which one enjoys under the legal system prior to the disturbance of normal relations

o May not be construed retroactively without somehow affecting previous or past rights or obligations

o May not retroact to govern pending proceedings in the absence of clear contrary legislative intent and no vested rights are impaired

o Rule: case must be decided in the light of the law as it exists at the time of the decision by the appellate court, where the statute changing the law is intended to be retroactive and to apply to pending litigations; true though it may result in the reversal of a judgment which was correct at the time it was rendered by trial court but subject to limitation concerning constitutional restrictions against impairment of vested rights

Statutes affecting vested rightso Vested right or interest = some right or interest in property that

has become fixed or established and is no longer open to doubt or controversy; absolute, complete, and unconditional, independent of a contingency

o Inchoate rights which have not been acted on are not vestedo Prospective operation to sustain its constitutionality where a

retroactive application will produce invalidity by impairing or interfering with vested or existing substantive rights

Statutes affecting obligations of contracto Contract must be in accordance with the applicable law at the

time of executiono Constitution prohibits enactment of a law impairing the

obligation of contractso If a contract is legal at its inception, it cannot be rendered illegal

by a subsequent legislationo For a right to accrue is one thing; enforcement thereof by actual

payment is another

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Statutory Construction – Agpalo Repealing and amendatory actso General rule on prospective operation of statutes also applies to

amendatory acts even if they are generally construed as becoming a part of the original act as if it had always been contained therein

o After an act is amended, the original act continues to be in force with regard to all rights that had accrued prior to such amendment

Statutes relating to prescriptiono Procedural in natureo General rule: applies to all actions filed after its effectivityo Prospective in the sense that it applies to causes that accrued and

will accrue after it took effect and retroactive in the sense that it applies to causes that accrued before its passage

o Legislature usually manifests its intent to apply a statute of limitation retroactively

Statutes relating to appealso Right to appeal from adverse judgment statutory and may be

restricted or taken awayo Remedial or procedural in nature and applies to pending actions

at time of enactmento Statute shortening the period for taking appeals prospective in

the absence of clear legislative intent to the contrary and may not be applied to pending proceedings in which judgment has already been rendered at the time of enactment

Retroactive Statutes Law which creates a new obligation, imposes a new duty or

attaches a new disability in respect to a transaction already past Remedial or curative statutes as well as statutes which create new

rights are intended to be retroactive by their nature and do not impair contractual or vested rights

Penal laws when favorable to the accusedo Basis: founded on the very principles on which the right of the

state to punish and impose penalty is based; exception founded on principles of justice, not on political considerations

o Exception justified by conscience and good lawo Assumption: two laws affecting the liability of the accused – one

in force at the time of the commission of the crime and the other enacted during or after the trial of the criminal action

o Limitations:1) Accused a habitual delinquent2) Later statute expressly provides that it shall not apply to

existing actions or pending cases3) Accused disregards the later law and invokes the prior

statute under which he was prosecuted Procedural lawso Adjective law = prescribes rules and forms of procedure of

enforcing rights or obtaining redress for their invasion; rules of procedure by which courts can properly administer justice

o Statutes regulating the procedure of the courts applicable to actions pending and undetermined at the time of their passage – retroactive in that sense and to that extent

o As a general rule, no vested right may attach to, nor arise from, procedural laws

o An administrative rule which is interpretative of a pre-existing statute and not declarative of certain rights with obligations thereunder is retroactive as of the date of the effectivity of the statute

o (case law) Litigants cannot be permitted to choose a forum of convenience. Jurisdiction is imposed by law and not by any of the parties to such proceedings.

o May not be applied retroactively to pending actions if expressly declared or by necessary implication, impairs vested rights, not

feasible or would work injustice, involves intricate problems of due process or impairs the independence of the courts

Curative statuteso One which cures defects and adds to the means of enforcing

existing obligationso Intended to supply defects, abridge superfluities in existing laws,

and curb certain evilso Purpose: to give validity to acts done that would have been

invalid under existing laws, as if existing laws have been complied with

o Can cure pending actions but not that which has attained finalityo “will result in neither impairment of any contractual obligation,

disturbance of any vested right nor breach of some constitutional guaranty” (Frivaldo vs. COMELEC)

Police power legislationso Statutes which are enacted in the exercise of police power to

regulate certain activitieso Reason: non-impairment of contractual obligations or vested

rights must yield to the legitimate exercise of the power by the legislature to prescribe regulations to promote the health, morals, peace, education, good order, safety and general welfare of the people

o Reservation of the essential attributes of sovereign power deemed read into every statute or contract as a postulate of the legal order

Prescription in criminal and civil caseso Civil: statute enacted by legislature as impartial arbiter between

two contending parties; no intendment to be made in favor of either party; no rights granted and thus, construction presumption against no grantor

o Criminal: state is grantor, surrendering by act of grace its right to prosecute; liberally construed and is also retroactive if favorable to accused

Amendment, Revision, Codification and Repeal

Amendment Change or modification, by addition, deletion, or alteration, of a

statute which survives in its amended form May be express or implied amendment done through enactment of

amendatory act Power to amend any existing law inherent in the legislatureo Authority part of legislative power to enact, alter and repeal

lawso SC no authority – legislative exclusive prerogative

Amendment by implicationo Neither presumed nor favoredo Usually shown by a statement in the later act that any provision

of law inconsistent therewith is modified accordinglyo Operates as long as there is an irreconcilable repugnancy

between the earlier and later lawo 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 – prior act deemed amended to the extent of the repugnancy

Takes effect 15 days after publication in OG or newspaper of general circulation unless different date is specified therein

Construction of amendmento As if the original statute has been repealed and a new and

independent act in the amended form had been adoptedo As if the statute has been originally enacted in its amended formo As a continuation of the existing law and not as a new enactment

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Statutory Construction – Agpaloo Should be different from that of original statute since presumed

that legislature would not have amended if did not want to change its meaning

o Suppression of excepting clause amounts to withdrawal of the exemption allowed under the original act

General rule: prospective unless contrary provided or procedural law (relating to procedure in courts), at which case applicable to pending and undetermined actions at time of amendment

Rights which have become vested under a statute before its amendment may not be affected by such

Effect of amendment on jurisdictiono Jurisdiction of a court to try cases determined by the law in force

at the time the action is instituted and remains with the court until the case is finally decided therein

o Subsequent statute amending a prior act with the effect of divesting the court of jurisdiction may not be construed to operate to oust jurisdiction that has already attached under the prior law else it will be a subversion of the judicial process

o Also applies to quasi-judicial bodies Amendatory act, if complete by itself, will be considered as an

original or independent act Where amendatory act is declared unconstitutional, it is as if the

amendment did not exist, and the original statute before the attempted amendment remains unaffected and in force

Revision and Codification Purpose: to restate the existing laws into one statute, simplify

complicated provisions, and make the laws on the subject easily found

Problem: what meaning or significance may be attached to any of the modifications or changes (insertion or omission of provisions, change in phraseology, rearranging of sections)

Construction to harmonize different provisionso Presumption: author has maintained a consistent philosophy or

positiono Code is enacted as a single, comprehensive statute and is to be

considered as such, not as a series of disconnected articles or provisions

o Irreconcilable conflict? That which is best in accord with the general plan. No way to determine? That which is later in physical position, being the latest expression of legislative will

What is omitted is deemed repealed unless provided otherwiseo Reason: revision or codification, by its very nature and purpose,

intended to be a complete enactment on the subject and an expression of the whole law thereon

o Intent on part of legislature to abrogate those provisions of the old laws that are not reproduced in the revised statute or code

o Possible only if the revised statute or code was intended to cover the whole subject to be a complete and perfect system in itself

o New repeals old if it revises the whole subject matter of the old, both intent and scope evince the idea of a repeal, clear intention that new is substitute of old

Condensation a necessity in revision / codificationo Neither an alteration in phraseology nor the omission or addition

of words in the later statute shall be held necessarily to alter the construction of the former acts

Construed as a continuation of existing lawso Presumption: codifiers did not intend to change the law as it

formerly existedo Rearrangement of sections or parts of statute, breaking up of a

single section into separate sections does not necessarily change the operation, effect or meaning of the statute unless legislative intent is clear and unmistakable

Repeal Legislature has plenary power to repeal, abrogate or revoke

existing lawso Power to repeal as complete as power to enacto Cannot enact irrepealable laws or limit future legislative actso SC no power to repeal – can only promulgate rules of procedure

Kinds of repeal:1) Total vs. Partial

T: statute rendered revoked completely P: leaves the unaffected portions of the statute in force

2) Express vs. Implied E: declaration in a statute that a particular and specific law,

identified by its number or title, is repealed; identifies or designates the act or acts that are intended to be repealed

I: all other repeals not express Failure to add specific repealing clause indicates that intent was

not to repeal any existing law unless an irreconcilable inconsistency and repugnancy exist – falls under implied repeal

Presumption: legislature knows existing laws so that if a repeal is intended, proper step is to express it

Laws are repealed only by the enactment of subsequent lawso Not repealed by disuse or customs and practice to the contraryo Violation or nonobservance not excusedo Change in condition and circumstances after passage of law

which brought about the statute does not operate to repeal prior law

Repeal by implicationo Premise: Where a statute of later date clearly reveals an

intention on the part of the legislature to abrogate a prior act on the subject, that intention must be given effect. Intent must be clear and manifest.

o General rule: Later act is to be construed as a continuation of, and not a substitute for, the first act and will continue so far as the two acts are the same from the time of the first enactment

o Not favored. Presumption against inconsistency and repugnancy and accordingly, against implied repeal. Every effort must be used to make all acts stand. If, by any reasonable construction, they can be reconciled, the later act will not operate as a repeal of the earlier.

Two categories of repeal by implication:1) “By irreconcilable inconsistency”

Where provisions in the two acts on the same subject matter are in an irreconcilable conflict, the later act to the extent of the conflict constitutes an implied repeal of the earlier one.

When two statutes cover the same subject matter; clearly inconsistent and incompatible with each other that they cannot be reconciled or harmonized; both cannot be given effect, one law cannot be enforced without nullifying the other

Should embrace same subject and have same object Fact that a later enactment may relate to the same subject

matter is not of itself sufficient to cause an implied repeal. The new statute may merely be cumulative or a continuation of the old one. What is necessary is a manifest indication of legislative purpose to repeal.

Inconsistency never presumed When the later law nullifies the reason or purpose of the

earlier act, so that the earlier act loses all meaning and function

Cardinal rule: Two inconsistent laws on the same subject cannot co-exist in one jurisdiction. Either they are reconciled or the later law repeals the prior law.

Leges posteriors priores contrarias abrogant = a later law repeals a prior law on the same subject which is repugnant thereto

2) “By revision or codification of the former laws”

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Statutory Construction – Agpalo If the later act covers the whole subject of the earlier one and

is clearly intended as a substitute, it will operate to repeal the earlier law.

Only possible if the revised statute or code was intended to cover the whole subject to be a complete and perfect system in itself

A subsequent statute is deemed to repeal a prior law if the former revises the whole subject matter of the former statute. When both intent and scope clearly evince the idea of a repeal, all parts omitted from the revised act are deemed repealed.

Where a new statute is intended to furnish the exclusive rule on a certain subject

Other forms of implied repealo Most powerful implication of repeal is that which arises when

the later of two laws is expressed in the form of a universal negative

o Repealing effects of affirmative/negative statutes1) A: does not impliedly repeal prior law unless intention to

effect repeal is manifest2) N: repeals all conflicting provisions unless contrary

intention disclosedo Where something is enacted in general terms and afterwards

another is passed on the same subject introducing special conditions or restrictions, former statute regarding the matter covered by the subsequent act considered repealed by implication

o Enactment of a statute on a subject whose purpose or object is diametrically opposed to that of an earlier law on the same subject, thereby depriving it of its reason for being, prior law repealed by implication

General repealing provision = clause which predicates the intended repeal under the condition that a substantial conflict must be found on existing and prior acts of the same subject matter; intent not to repeal any existing law unless an irreconcilable inconsistency and repugnancy existso Significance: presence indicates legislative intent to repeal all

prior inconsistent laws on the subject matter, even if prior law is a special law unless the general law contains a saving clause

o Later general law will ordinarily not repeal a prior special law on the same subject as special law is generally regarded as an exception

Repeals of statutes by implication are not favored. Presumption against inconsistency and repugnancy. Repeals by implication will not be decreed unless it is manifest that the legislature so intended. Every effort must be used to make all acts stand. If, by any reasonable construction, they can be reconciled, the later act will not operate as a repeal of the earlier.

As between two laws on same subject matter, that which is passed later prevails since it is the latest expression of legislative willo Applies even if the later act is made to take effect ahead of the

earlier lawo Point of contention is passage, not effectivityo Presumption: legislature knew older law and intended to change

it General law usually does not repeal prior special law unless

legislature intended to do soo Presumption against implied repeal even though the terms of the

general act are broad enough to include the matter covered by the special statute

o Generalia specialibus non derogant = general law does not nullify a specific or special law

o General law yields to the special law in the specific and particular subject embraced in the latter, irrespective of the date of passage

o Reason: special law evinces the legislative intent more clearly than the general statute

o Special later? Qualification of the general one. General later? Special law exception to its terms.

Special or general law repeals the othero Where the later act is a special law, there is always a partial

repeal of the general law to the extent of the repugnancy or exception

o General law when legislative intent is clear (general repealing clause; language would be useless if special law not repealed nor modified; so broad in its terms and so clear and explicit in its words as to show that it intended to cover the whole subject and displace the prior statute, etc.)

o No prohibition against the repeal even by implication of a special or specific act by a general or broad law, just not favored Example: A charter must yield to the constitution and general laws of the state. When a charter is enacted, it is deemed to incorporate therein the general laws affecting local governments. A chartered city is not an independent sovereignty although its charter remains supreme in all matters not purely local.

Effects of repealo Renders statute inoperative as of the date the repealing act takes

effecto What a repeal does NOT do:1) Statute was invalid from date of its enactment2) Undo the consequences of the operation of the statute while in

force3) Renders illegal what under the repealed act is legal or vice versa

Effect on jurisdictiono Repeal or expiration of statute granting jurisdiction does not

make decision subsequently rendered in actions pending adjudication null and void for want of authority unless otherwise provided

o Criminal cases: Jurisdiction previously acquired cannot be ousted unless the contrary is provided, express prohibitory words are used, or the criminal law violated is itself repealed

Effect on actions, pending or otherwiseo General rule: repeal of a statute defeats all actions and

proceedings based on such statute, including those still pendingo Appellate court will dispose of a question according to the law

prevailing at the time of disposition, not according to law prevailing at the time the appealed judgment was rendered

Effect on vested rightso Repeal of statute does not destroy or impair rights that accrued

or vested under old law then in forceo Constitution forbids state from impairing vested rights or

obligations of contract by enacting or repealing statutes except in the legitimate exercise of police power

o Where a statute gives an appellant right to appeal from adverse decision, repeal of such statute after appeal has been perfected will not destroy his right to prosecute the appeal nor deprive the appellate court of the authority to decide the appealed case

Effect of repeal of tax lawso Repeal does not preclude collection of taxes assessed under the

old law before it was repealed, unless otherwise providedo General rule: Repeal prospective

Effect of repeal and reenactmento Reenactment neutralizes repeal and continues law in force

without interruptiono Simultaneous repeal and reenactment of statute does not affect

rights and liabilities accrued under original statute

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Statutory Construction – Agpaloo Criminal cases: when reenactment of repealed law not

simultaneous (continuity broken), repeal deprives court of its jurisdiction over violations of the old law prior to its repeal

Effect of repeal of penal lawso When repeal absolute such that crime no longer exists or where

the repealing statute wholly fails to penalize the acts which constituted the offense in the repealed law, court loses jurisdiction over violations of repealed law

o Reason: repeal a legislative act of rendering legal what is previously decreed as illegal

o Exceptions:1) Where the repealing act reenacts the statute and penalizes the

same act previously penalized under the repealed law2) Where the repealing act contains a saving clause providing that

pending actions shall not be affected Repeal vs. Expiration of law – their effectso Absolute Repeal: crime is obliterated, stigma of conviction for

violation of penal law before its repeal erasedo Expiration of criminal statute by its own force

Effect of repeal of municipal chartero General rule: Repeal of a charter destroys all offices under it and

puts an end to the functions of the incumbents

Effect of repeal or nullity of repealing lawo When a law which expressly repeals a prior law is itself

repealed, the law first repealed shall not thereby be revived, unless expressly so provided.

o Where a law which repeals a prior law by implication is repealed, the prior law is revived unless the language of the repealing statute provides otherwise.

o Where a repealing statute is declared unconstitutional, it will have no effect of repealing the former statute which will continue to remain in force.

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