STATUTORY CONSTRUCTION

LAW 2. Private: applies only to a specific person or subject

1
- A rule of conduct formulated and made obligatory by legitimate power of ACCD TO DURATION
the state 1. Permanent: operation continues until it is repealed
e.g. 2. Temporary: operation is for a limited period of time fixed in the statute
1. President in the exercise of his legislative power: RA, PD, EO itself; life ceases at a happening of an event
2. President in the exercise of his ordinance power: presidential
issuances ACCD TO APPLICATION
3. Jurisprudence 1. Prospective: applicable to cases which shall arise after its enactment
4. Ordinances passed by sangguians of local government units 2. Retroactive: affects acts or facts occurring prior to its date of enactment

STATUTES ACCD TO THEIR OPERATION

- An act of the legislature as an organized body, expressed in the form, and 1. Declaratory
passed according to the procedure, required to constitute it as part of the 2. Curative: retrospective laws which corrects irregularities,
law of the land inconsistencies, and ambiguities in the laws
- Passed by the Philippine Commission, the Philippine Legislature, the 3. Mandatory/ Affirmative: declares what shall be done
Batasang Pambansa, and the Congress of the Philippines 4. Negative/ Prohibitory: declares what shall not be done
- Same category and binding force: 5. Directory: operates to confer discretion on a person
a. Presidential decrees issued by the president in the exercise of his 6. Substantive
legislative power during the martial law under the 1973 constitution 7. Remedial: provides rules and regulations on matter of procedure or due
b. Executive orders during the revolutionary period under the Freedom process
constitution 8. Penal: defines criminal offenses and provides corresponding penalties
- Types:
ACCD TO SUBSTANCE ACCD TO THEIR FORMS
1. Public: affects the public at large or the whole community 1. Affirmative
a. General: applies to the whole state and operates throughout the 2. Negative
state alike upon all the people or all of a class
b. Special: relates to particular persons or things of a class or to a
particular community, individual, or thing ERA ENACTING AUTHORITY NAME
c. Local: confined to a specific place or locality 1900-1935 Philippines government Acts
under US sovereignty

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1901-1935 Philippine Commission Public Acts A. Speaker of the House: Alan Peter Cayetano
and the Philippine B. Senate President: Vicente “Tito” Sotto III 2
Legislature C. Senate Secretary: Atty. Myra Villarica
1936-1946 Commonwealth Commonwealth Acts D. Secretary General of the House of Representatives: Jose Luis Montales
1946-1972; 1987 Congress of the Republic Acts o keeps the journal of each session
Philippines; 1987
o notes questions
Constitution
1978-1985 Batasang Pambansa Batas Pambansa o presides over the chamber of the 1st house
President Presidential decrees and
Executive orders
 Executive power (execute)
1986-1987 Provisional Constitution Executive Orders
o Presidential Issuances: exercise of the President’s ordinance power
Enactment of Statues: Classification:
1. Executive Orders: rules of general or permanent in character to
 Legislative power (make, alter, and repeal) (Art. VI, PC):
implement or execute a constitutional or statutory provision
CONGRESS (Sec. 1, Art. VI PC)
e.g.
o Bicameral:
a. Executive Order No. 66 (October 29, 2018):
1. Senate
Institutionalizing the Philippine Anti-Illegal Drugs
 24 members
Strategy
2. House of Representatives
b. Executive Order No. 1 (July 20, 2010): Creating the
 300 members (241- legislative; 59- partylists)
Philippine Truth Commission of 2010
 Can initiate the filing of the following bills:
2. Administrative Orders: relates to a particular government
a. Appropriation
operation in his capacity as administrative head
b. Revenue, Tariff, or Tax Bills
e.g.
c. Bills authorizing increase of public debt
a. Administrative Order No. 37 (February 13, 2013):
d. Private Bills
Creating the Task Force on Bangsamoro Development
e. Bills for Local Application
and for other Purposes
b. Administrative Order No. 29 (October 1, 2012): Naming
 Reason: proposed by representatives voted by their
the West Philippine Sea of the Republic of the
constituents
Philippines and Other Purposes
IMPORTANT PEOPLE (2019):

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3. Proclamations: fixes a date or declares a status or condition of 1. Barangay Ordinance: enacted by Sangguninang Barangay
public moment or interest 2. Municipal Ordinance: enacted by Sangguninang Bayan 3
e.g. 3. City Ordinance: enacted by Sangguninang Panlungsod
a. Proclamation No. 593 (Sept. 25, 2018): Declaring a state 4. Provincial Ordinance: enacted by Sangguninang Panlalawigan
of Calamity in Regions I, II, III, and the Cordillera
Administrative Region  Judicial power (interpret and apply)
b. Proclamation No. 555, s. 2018 (Aug. 15, 2018): Declaring o Requisites:
the Regular Holidays and Special (Non-Working) Days 1. Existence of an appropriate case
for the year 2019 2. Personal and Substantial interest of the party raising the
4. Memorandum Orders: settles matters of administrative detail constitutional question
specific to a particular office or officer 3. Plea that the function be exercised at the earliest opportunity
e.g. 4. Necessity that the constitutional question be passed upon in
a. Memorandum Order No. 11, s. 2017 (Feb. 16, 2017): order to decide the case
Reconstituting the Committee on Decorum and
Investigation (CODI) of Sexual Harassment Cases in the  Tests of Constitutionality:
Office of the President 1. Not within the legislative power to enact
b. Memorandum Order No. 12, s. 2017 (Feb. 28, 2017): 2. Purpose or effect violate the Constitution or its basic principles
Approving the 2017 Investment Priorities Plan 3. Creates or establishes methods or forms that infringe constitutional
5. Memorandum Circulars: provides pints of interest relating to principles
internal administration calling the attention of all or some 4. Vague statutes
government agencies
6. General or Special Orders: commands to the Armed Forces as  Provisions of the Constitution:
Commander in Chief 1. Self-executing
e.g. 2. Non- self-executing: requires Congress to enact enabling legislations
a. General Order No. 8 (October 15, 2007): Ensuring
Priority Development Support for Local Peace Initiatives  Steps in the passage of bill into law:
b. General Order No. 7 (August 13, 2007): Security o Bill: proposed legislative measure introduced by a member or
Directives Related to Basilan/ Sulu battles members of Congress for enactment into law

o Legislative Power of Local Government:

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 Referral to the appropriate Committee for study and

recommendation 4
 Committee may hold public hearings and submit its report
and recommendation for Calendar for second hearing
2. Second reading
 Reading the full bill with amendments proposed by the
Committee
 Debates, pertinent motions, and amendments
 Voting
3. Third reading
 Final vote: yeas and nays
4. Conference committee reports
 Mechanism for comprising differences between the Senate
and the House in the passage of a bill into a law
5. Authentication of bills
 Signing by the Speaker and the Senate President of the
printed copy of the approved bill
6. President’s approval or veto
 Approve: signs
 Denies: vetoes and returns the bill with his objections to the
House where it originated
 Members of the 2 houses (2/3 vote each) = bill
becomes a law
o A bill passed by Congress becomes a law in either of three ways:
1. When the President signs it
2. When the President does not sign nor communicate his veto of
the bill within 30 days after his receipt thereof
1. First reading
3. When the vetoed bill is repassed by Congress 2/3 vote of all its
 Reading the number and the title of the bill
Members, each House voting separately

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“He has made us competent as ministers of a new covenant—not of

the letter but of the Spirit; for the letter kills, but the Spirit gives life” 5
STATUTORY CONSTRUCTION: is the art or process of discovering and expounding – 2 Corinthians 3:6
the meaning and intention of the authors of the law, where that intention is
rendered doubtful by reason of ambiguity in its language or of the fact that the C. Ut magis valeat quam pereat
given case is not explicitly provided for in the law o Constitution is to be interpreted as a whole

CONSTRUCTION INTERPRETATION
Draws warranted conclusions beyond Limited within the four corners of the Legis interpretato legis vim obtinet: the authoritative interpretation of the SC of a
the language of the written text written text statute acquires the force of law by becoming a part thereof
Common subjects: statutes, constitution, issuances, rules, ordinances
Stare decisis et non quieta movere: when the SC has once laid down a principle of
law as applicable to certain state of facts, it will adhere to that principle and apply it
Legislative Purpose: the objective why the law was created to all future cases where the facts are substantially the same
Legislative Meaning: the scope of the law determined by the language used in the Parts of a statute:
law A. Preamble
o Statement or explanation or a finding of facts, reciting the purpose,
Interpretation:
reason, or occasion for making the law to which it is prefixed
A. Verba legis
o PDs and Eos generally have preambles
o Plain-meaning rule
B. Title of the Statute
o the presumption that the words employed by the legislature in a
o “every bill passed by Congress shall embrace only one subject which
statute correctly express its intention or will, precluding any
shall be expressed in the title thereof”: embodied in the 1935
construction
Constitution and re-enacted in the 1973 and 1987 Constitution
o Subject of legislation
B. Ratio legis est anima
o Limitations:
o When there is ambiguity, words should be interpreted in
 The legislature is to refrain from conglomeration, under one
accordance with the intent of the framers
statute, of heterogeneous subjects
o Legislative intent: essence/ spirit/ purpose; primary source of the
 The title of the bill is to be couched in a language sufficient
statute
to notify the legislators and the public and those concerned
of the import of the single subject thereof

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o Purpose: G. Effectivity Clause

 Apprise the object, nature, and scope of the provisions of o Provision when the law takes effect 6
the bill H. Saving Clause
 Prevent the enactment into law of matters which have not o Intended to save rights
received the notice, action, and study of the legislators
 Prohibits duplicity in legislation Bill: legislative measure introduced by a member of Congress

Constitutional provision: Enrolled Bill: the authenticated final copy of the bill; authentication by Senate
 Prevent hodgepodge or log-rolling legislation President and Speaker of the House of Representatives, approved by the President
 Prevent surprise or fraud upon the legislature, by means of
provisions in bills of which the title gave no information, and POWER OF THE THREE DEPARTMENTS OF THE GOVERNMENT:
which therefore be overlooked and carelessly and A. Legislative (Art. VI, PC)
unintentionally adopted o Makes, alters, repeals, amends laws
 Fairly apprise the people, through such publication of o Power of the Purse: constitutional authority to spend government
legislative proceedings as is usually made, of the subjects of funds given to Congress
the legislation that are being heard thereon, by petition or B. Judicial
otherwise if they shall so desire o Settles rights
 Used as a guide in ascertaining legislative intent when the o Power to construe
language of the act does not clearly express its purpose o Duty of the courts: to apply the law
C. Enacting Clause o En Banc
o Written immediately after the title thereof o Rules in the exercise of judicial power:
o Contains declaration of authority to legislare a. There must be an actual issue
D. Purview or body of statute b. Ambiguity
o Set of provisions which tells what the law is all about o Present justices of the Supreme Court of the Philippines:
E. Separability/ Saving Clause 1. Chief Justice Lucas Bersamin
o States that is any provision of the act is declared invalid, the 2. Senior Associate Justice Antonio Carpio
remainder shall not be affected thereby 3. Diosdado Peralta
F. Repealing Clause 4. Estela Perlas-Bernabe
o When a legislature repeals a law, the repeal is not a legislative 5. Mario Victor Leonen
declaration finding the earlier law unconstitutional 6. Alfredo Benjamin Caguioa

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7. Andres B. Reyes Jr.

8. Alexander Gesmundo 7
9. Jose C. Reyes Jr.
10. Ramon Paul Hernando
11. Rosmari Carandang
12. Amy Lazaro-Javier
13. Henri Jean Paul Inting
14. Rodil Zalameda
C. Executive
o Power to execute laws
o Executive power
o Residual power

*Rationale for separation of powers:

- To prevent concentration of authority in one person or group of persons
that might lead to an irreversible error or abuse in its exercise to the
detriment of republican institutions. “To secure action, to forestall
overaction, to prevent despotism and to obtain efficiency” [Pangasinan
Transporation Co. v. Public Service Commission, 40 O.G. 8th Supp. 57]. See
also Tuason v. Register of Deeds of Caloocan City, 157 SCRA 613; In Re:
Manzano, 166 SCRA 246.

Vague Statutes: lack comprehensible standards. Men of common intelligence must

necessarily guess its meaning and difference in its application

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