Transcript (Statutory Construction – F.S.

 A statute must be construed as a whole

Gujilde) and read in its entirety.
 All parts, provisions, or sections of a
By C.T. Caballero-Verzosa and A.J.
statute must be read, considered, or
Corominas-Vargas
construed together, and each must be
August 29, 2017 Discussion considered in the light of all others.
INTRINSIC AIDS IN CONSTRUCTION Discussion:
Intrinsic aids, where found. Context defined. The text surrounding the word or
passage. It’s not the word itself, it is the words or phrases
In the printed page of the statute itself that surround the word that we seek to understand. That is
context. Words, phrases, or passages that come before
Intrinsic aids, enumerated. and after particular order passage and speech or piece of
writing that helps explains the remaining. They must be
 Context taken as a whole, and in relation to one another. Again,
 Punctuation and capitalization what did we say? A text and the provisions of a law cannot
 Language or lingual text be taken in isolation from each other. They must be taken
as a whole because that is context. Sometimes, there is a
 Title particular part of the law that you may not be able to
 Chapter, article, and section headings understand or evaluate. But if you contextualize, that’s
 Head notes or epigraphs when you start to understand the law. Context. Defined, a
 Marginal notes statute must be construed as a whole and read in its
entirety. All forms, provisions, or sections of a statute must
 Preamble be read, considered, or construed together, and each
 Legislative definitions and interpretative must be considered in line with all the others.
clauses
 SWS & Pulse Asia vs. COMELEC, GR
Discussion: No. 208062, April 7, 2015
Intrinsic aids, we define them again, at the risk of  Section 5.2 (a) was argued as prior
sounding like a broken record, we define them in the face restraint as it requires publication of
of the law. The moment you step out of the four walls of names of those who commissioned the
the printed page of the law, it becomes extrinsic aids. So
for as long as that particular aid is found within the text or
survey and other persons who paid for
the law, within the face of the law, that is intrinsic aids. it, including subscribers.
And these are context, punctuation and capitalization,  Held: The mandatory requirement to
language and lingual text, chapter and section headings, publish names of subscribers may
headnotes and epigraphs, marginal notes, preamble, and appear to constitute prior restraint
legislative definitions and interpretative clauses. Now take
note that with this enumeration, you can tell right away
because of the element of compulsion, if
that all of these are found in the language of the law. In reading is limited to one provision of
the face of the law. Again, intrinsic aids within the text of law.
the printed copy of the law. Outside of it, it becomes  But Sec. 5.2 (a) should not be read in
extrinsic aids. That’s the relevant thing there. isolation from the entire law. When
Context, defined. contextualized, it is justified by the
purpose of the law which is to equalize
 The text surrounding word or passage opportunities for public service between
 Words, phrases, or passages that come and among rich and poor candidates.
before and after a particular word or  The requirement to publish is intended
passage in a speech or piece of writing to monitor campaign expenses so that
and help explain its full meaning moneyed individuals may not take
 They must be taken as a whole and in advantage of their robust campaign
relation to one another. chest.
  Reason for the rule – The statute is What happens if context admits of two different
interpretations? The one which stands to give effect to the
enacted as a whole and not in parts or
manifest object of the law should be adopted. So again,
sections. take note that if it is vulnerable to at least two or more
 Purpose of the rule – To give proper interpretations, the one that makes the law sensical, the
emphasis to each provision and avoid one that gives life to the purpose of the law, is the one that
giving undue emphasis or effect to should be subscribed.
particular words, clauses, parts or group Punctuation, defined.
of words.
Standardized non-alphabetical symbols or
Discussion: marks that are used to organize writing into
Then, let’s talk about SWS and Pulse Asia v. Comelec. clauses, phrases, and sentences, and in
This particular section, it says there, “it was argued as this way make its meaning clear
prior that it requires publication of names of those who
commissioned the survey and other persons who paid for Punctuation, purpose.
it, including subscribers. Again, if you read this particular
provision in isolation from the rest of the law, you may not Grammatical marks used to organize
understand the wisdom of the law. That’s why you need to writing
contextualize. The mandatory requirement to publish
names of subscribers appear to constitute prior restraint Punctuation, examples.
because of the element of compulsion if reading is limited
to one provision of the law. Because at first instance, or  Comma and semi-colon – used to
the first instinct that you might want to consider is this: divide sentences and parts of
once you read that particular part of the law, you want to sentences
say that this constitutes prior restraint. You’re trying to  Difference between comma and
intrude into the freedom of speech of the individuals. But
here, the purpose of the law will make us understand why.
semi-colon – semi-colon makes
But Section 5.2a should not be read in isolation from the division more pronounced
entire law. When contextualized, it is justified by the  Period
purpose of the law which is to equalize opportunities for
public service between and among rich and poor Discussion:
candidates. The requirement of publishing is intended to
What about punctuation? It is a standardized non-
monitor campaign expenses so that moneyed individuals
alphabetical symbols or marks that organize writing into
did not take advantage of their bogus campaign chest.
clauses, phrases, and sentences, and in this way, make it
Take note again that in Section 5.2a, you cannot see there
seem clearer. Again, the first question there is, how do
anything that talks about the purpose why those who
you imagine a world without punctuation? You cannot
commissioned or paid for the service, that their names are
organize your writing. You don’t know when to pause or
required to be published alongside the services. You can’t
when to stop. Correct. That’s the purpose of punctuation.
see that in that particular provision. The statute is enacted
They are used to organize writing. Punctuation examples
as a whole and not in parts or sections. That’s the reason
of course comma and semi-colon. Used different
why, again, you cannot say that one part is more
sentences and part of sentences. The difference between
important than the other because they are equally
comma and semi-colon: semi-colon makes the division
important. But sometimes, they will not just use normally
more pronounced. In so far as the purpose is concerned,
or usually, but if it’s there, there is a purpose for every part
they are one and the same. To separate sentences and
of the law. To give proper emphasis to each provision and
phrases. But if you use a semi-colon, it means that it is a
avoid giving undue emphasis or effect to any particular
more pronounced separation. Period of course ends the
words, causes. You cannot say that one particular
sentence.
provision is more important than the other. They are
equally important. Punctuation, limitation as intrinsic aid.
 If context admits of two  Not seriously regarded.
interpretations – The one which tends  Minor and not decisive or controlling
to give effect to the manifest object of element in statutory construction.
the law should be adopted.
Discussion:
  Obvious mistake in punctuation will interpret that? There is that phrase in the performance of
duty, but take note that first aid enumerated is dishonesty,
be corrected if necessary to make
comma, oppression, comma, and then or grave
the statute intelligible misconduct or neglect in the performance of duty. After
 Construction should be based on the or, there is no comma. The reason there is because it
more substantial consideration rather means that in the performance of duty qualifies only grave
than mere punctuation misconduct or neglect. Do you follow? In other words, if
you had an infraction that involves dishonesty or
Punctuation, degree of aid. oppression, it does not need to be done in the
performance of duty. You will be convicted with the
 Low degree infraction even if it is not in the performance of duty. But
 Not part of the statute and of the here, if you talk about grave misconduct or neglect, it
should be in the performance of duty because there is no
English language comma. Do you follow? That’s the function of punctuation.
Punctuation as low degree aid of construction, A comma is normally used before an “and or
exception. “or”
 If it gives statute a meaning which is Guidelines set out types of work that don’t
reasonable and consistent with require overtime pay, to wit:
legislative intent, it may be used as an
additional argument for the literal - “The canning, processing, preserving,
meaning of the words thus punctuated. freezing, drying, marketing, storing,
 Examples: packing for shipment or distribution
of: (1) agricultural produce; (2) meat
1. “if the charge against such employee and fish products; and (3) perishable
involves dishonesty, oppression, or grave foods.”
misconduct or neglect in the performance of
duty” The lack of comma between “packing for
shipment” and “or distribution of” made it
2. “in the performance of duty” – qualifies only ambiguous.
“grave misconduct or neglect”
Are they separate things?
Discussion:
Does exemption apply to jobs involving
What is the limitation of a punctuation as an intrinsic aid?
either packing for shipment or packing for
It is not seriously regarded. Basta punctuation ha, not
seriously regarded except in some cases. Minor and not distribution?
decisive or controlling the element in statutory
construction. Obviously stating, punctuation will be
- The dairy drivers only distributed but
corrected if necessary to make the statute intelligible. didn’t pack perishable food.
Construction should be based on more substantial
consideration than mere punctuation. Degree of aid: it’s Where such rules are unclear, labor laws are
low degree, and it’s not even part of the statute and of the structured to benefit employees.
English language. It is merely used to organize writing.
Like you said, it’s not even part of you’re a, b, and c. Art. 7, Sec. 16 of the 1987 Constitution
Punctuation is low degree in the construction. Exception: if
it gives statute a meaning which is reasonable and
The President shall nominate and, with the
consistent with legislative intent, it may be used as an consent of the Commission on Appointments,
additional argument for the literal meaning of the words appoint the heads of the executive
thus found there. departments, ambassadors, other public
ministers and consuls, or officers of the
Examples: if the charge against such employee involves
dishonesty, take note ha, if the charge against such
armed forces from the rank of colonel or
employee involves dishonesty COMMA, oppression, naval captain, and other officers whose
COMMA, or grave misconduct or neglect in the appointments are vested in him in this
performance in the performance of duty. How should we Constitution. He shall also appoint all other
officers of the government whose officers of the Armed Forces from the rank of Colonel or
appointments are not otherwise provided for by Naval Captain, and other officers whose appointments
are vested in him in this Constitution. This particular
law, and those whom he may be authorized by enumeration must be preceded by nomination, consent,
law to appoint. and appointment. But then, after the word Constitution,
there’s a period there. And what did we say? A period
Punctuation is powerful. separates. Now it says something else. This should also
point to the officers of the government whose
An English professor wrote the words…
appointments are not otherwise provided for by law and
“a woman without her man is nothing” those who may be authorized by law to appoint. In other
words, the sentence following the first one, it talks about
… on the whiteboard and asked his students to the power of the President to appoint all other officers in
punctuate it correctly. the government. If they’re not part of the first
enumeration or the first sentence, they do not require the
All of the males in the class wrote: consent of the Commission on Appointments. Do you
follow? Because of the period there that separates the
“A woman, without her man, is nothing.” two sentences even if they belong to the same
paragraph. Punctuation is powerful, and I think this came
All females in the class wrote: out in social media before, noh? I think you’re familiar
with this. An English professor wrote the words, “a
“A woman: without her, man is nothing.” woman without her man is nothing.” On the whiteboard,
he asked his students to portray it correctly. All of the
Punctuation is indeed powerful male students in the class wrote, a woman COMMA
without her man is nothing. Diba? All of the females in
- David Avocado Wolfe
the class wrote, a woman colon without her, man is
Discussion: nothing. They mean differently, right? And only because
of punctuation. Makes sense? Punctuation is indeed
This one. This is a foreign jurisprudence. A comma is powerful. That is David Avocado Wolf. Iyahang example.
normally used before an “and” or “or”. Guidelines, there
were guidelines, set of types of work that don’t require Capitalization, degree of aid.
overtime pay. To wit, their canon, processing,
preserving, freezing, drawing, marketing, storing, then  Low degree in construction
packing for shipment or distribution of agricultural  Example:
produce, meat and fish products, and perishable foods. - Constitution says “Civil Service” but Civil
The lack of comma between packing for shipment, take
Service Act says “civil service”
note noh, packing for shipment there is no comma noh,
and or distribution of made it ambiguous. Do you follow? - It was contended that employees in the
It is ambiguous now because here it first enumerated unclassified service of the government
and it says these are the types of work that don’t require are not entitled to security of tenure.
overtime pay. So, the question there was, are they - “Civil Service” – group, civil service –
separate things? Does the exemption of livelihood jobs
involving either packing for shipment or packing for
system
distribution? The dairy drivers only distributed but did not - There is no difference between the
pack perishable food. Where such rule was unclear, use of capital and small letters.
labor laws are structured to benefit employees. In other - No reason to exclude persons in the
words, in so far as dairy drivers are concerned, they are
unclassified service from the benefits
entitled to overtime pay. Because what they do is only
distribute food, but they did not pack perishable food. Do extended to those in the classified
you follow? A comma might be a very minor, very service.
miniscule, but it makes a world of difference in this
particular case. And also of course we talked about this, Discussion:
Art. 7 Sec. 16 1987 Constitution. Here it talks about
Capitalization, degree of aid. Low degree of construction.
appointing officers whose appointments require the
Example, this one. Constitution says Civil Service, capital
consent of the Commission on Appointments. Take note
C and S, but civil service act, small c and s. Does it make
in the Constitution, the first sentence talks about
a difference? Because here we’re talking about
nomination, consent, and appointment of the following
capitalization. It was contended that the employees of the
persons: heads of the executive departments,
unclassified service of the government are not entitled to
ambassadors, other public ministers and consuls, or
security of tenure. Civil Service refers to group and civil language text becomes garbage? Not necessarily
service refers to system. There is no difference between because the Spanish language can still be consulted. And
the use of capital and small letters. The reasons take the that is the function of the Spanish text.
persons in the unclassified service from the benefits
extended to those in the classified service. So in so far as Title, purpose.
the capitalization is concerned, it does not really matter
unless the contrary intention is very clear. DO you follow?  May resolve doubts as to its proper
construction by extending or restraining
its purview or by correcting in obvious
error.
 In case of doubt, resort may be had to
Language or lingual text, which prevails. the title to determine legislative intent
 Philippine laws are officially because it normally indicates it.
promulgated either in English, Spanish Discussion:
or Filipino.
Title: purpose. They resolve doubts as to its proper
 Language used in promulgation prevails construction by extending or restraining its purview by
over translated versions. correcting an obvious error. In case of doubt, resort may
 But if statute is promulgated both in be had to the title to determine the legislative intent
English and Spanish, the English text because normally it indicates it.
prevails. SWS & Pulse Asia, Inc. vs. COMELEC, G.R.
Basis for English text to prevail. No. 208062, April 7, 2015.

In the interpretation of a law or administrative  COMELEC resolved to require survey

issuance promulgated in all the official firms to publish subscribers of survey
languages, the English text shall control, results to guarantee or ensure equal
unless otherwise specially provided. In case of opportunity for public service.
ambiguity, omission or other mistake, the other  Thus, it is empowered to regulate or
texts may be consulted. supervise enjoyment or utilization of all
franchises or permits to operate media
Discussion: of communication or information.
Language or lingual text. Which prevails? Philippine laws  Hence, its short title Fair Election Act
are officially promulgated in the English, Spanish, or
Filipino language. Have you seen a law that was Discussion:
promulgated in Filipino? Wala pa. Probably ordinance
This one of course. SWS and Pulse Asia v. COMELEC.
there is. If it is an ordinance. But a national law? I haven’t
COMELEC resolved to require survey firms to publish
seen one. Language used in promulgation prevails over
subscribers with the results in order to ensure equal
translated versions. Remember again your RPC. It was
opportunities for public service. Thus, it empowers to
promulgated in Spanish, but later on it was translated in
regulate or supervise its enjoyment for utilization of all
English. So, it leads to a discrepancy between the two, the
franchises that permits the media to communication or
language of promulgation prevails. But if the statute is
information. Hence, its short title Fair Election. Again,
promulgated in both English and Spanish, the English text
sometimes, we might be overthinking so far as
prevails. Of course, the reason there is that the English is
construction is concerned, but here, if we talk about the
the official medium of instruction in the Philippines. Basis
title, the law actually says you need not go far. It’s in the
for English text prevailing? In the interpretation of the law
title. It says Fair Election Act. That’s why that particular
of the constitutional promulgation in all the official
law was intended to equalize opportunities to people
languages, the English language shall control unless
who want to join the government for public service.
otherwise specifically provided. In case of ambiguity, there
is a mistake, the other texts may be consulted. Again, the Poe vs. COMELEC, G.R. 221697, March 8,
posed question was, if you say, the first premise was,
okay, promulgated in both official languages, English and
2016
Spanish. It leads to a discrepancy. The English text
 Facts: Presidential candidacy of a
prevails. Does it follow that if the English text prevails, the
foundling with unknown parents who
 was later legally adopted by Filipino basis? In that particular case, art. 15 of the Civil Code
parents was sought cancelled on the says that laws relating to family rights, duties, status, and
legal capacity of persons are binding upon citizens of the
ground that she is not a citizen, much Philippines even though living abroad. Adoption deals
less a natural-born Filipino which is an with status and the Philippine adoption court acquires
essential qualification to run for jurisdiction only if the adoptee is a Filipino. Again, in that
President. particular case, SC was trying to tell us that Poe, the
foundling that was found in front of the church in Iloilo is a
 Held: Domestic laws on adoption
Filipino because she couldn’t have been adopted had she
support the principle that foundlings are not been a Filipino. And, the basis for the SC to say is this.
Filipinos. While these laws do not It is because of recent legislation. Art. 8043 or the
provide that adoption confers citizenship Intercountry Adoption Act of 1995 entitled An Act
upon the adoptee, they presuppose that Establishing the Rules to Govern Inter Country Adoption
of Filipino Children and Other Purposes. The title itself
the adoptee must be a Filipino.
talks about Filipino children who are to be adopted. In
 Basis? Art. 15 of the Civil Code says other words, they are Filipino citizens to begin with. And
that laws relating to family rights, duties, RA 8552, An Act Establishing the Rules and Policies for
status, conditions, legal capacity of Adoption of Filipino Children and For other Purposes.
persons are binding on citizens of the Then, the SC in its administrative matter, it says, all
expressly refer to Filipino Children and include foundlings
Philippines even though living abroad. as one of the Filipino children who may be adopted. Even
 Adoption deals with status, and a in Grace Poe was not adopted under the auspices of
Philippine adoption court acquires these particular laws, the SC tried to dig deep, diba? The
jurisdiction only if the adoptee is a SC was running out of arguments. It had to dig deep on
legislation to support its conclusion that Grace Poe was a
Filipino.
natural born Filipino. Otherwise, she could not have been
 Recent legislation is more direct. adopted had she not been a Filipino to begin with. That is
 R.A. 8043 or the Inter-Country Adoption the main contention there by the SC.
Act of 1995 entitled “An Act Establishing
Limitation.
the Rules to Govern the Inter-Country
Adoption of Filipino Children and for  Not controlling, if the body of the
other Purposes.” stature is free from ambiguity, no
 R.A. 8552 or the Domestic Adoption Act resort to the title.
of 1998 entitled “An Act Establishing the  Need not be an index of contents of
Rules and Policies on the Adoption of the law.
Filipino Children and for other
Purposes.” Discussion:
 A.M. No. 02-6-02-SC or the Rule on Limitation: It is not controlling if the body of the statute is
Adoption free from ambiguity. Don’t resort to the title. Of course, our
basic pronouncement is that you only construe if there is
 All expressly refer to “Filipino children”
ambiguity. If there is no ambiguity, take the law as it is. It
and include foundlings as among came out in the exam, right? The index and the contents
Filipino children who may be adopted. of the law, but it carries with it the one-title one-subject
matter.
Discussion:
Chapter, article & section headings, purpose.
And in Poe v. COMELEC, here, her candidacy of
foundling with unknown parents who are legally adopted Determine the scope of the provisions and their
by Filipino parents is cancelled on the ground that she is
relations to other portions of the law.
not a citizen, much less a natural born Filipino which is an
essential qualification to run for President. I think you’re Discussion:
already familiar with the case already, noh? Here,
domestic laws on adoption support the principle that This one, chapter, articles and section headings purpose.
foundlings are Filipinos. While these laws do not provide They determine the scope of the provisions and the
that adoption confers citizenship on the adoptee, it relations to other portions of the law. Again, these are
presupposes that the adoptee was a Filipino. What’s the actually used to organize the laws like for example you,
you might find there the declaration of state policies – it’s normally italicized. Here it says, Art. 160 Commission
penalties, diba? Conduct to avoid. of another crime during the service of penalty imposed for
another previous offense. That is italicized. That is the
Limitation. epigraph of the heading. That is not yet the law. The one
that follows is now the law. It says there besides the
 Not conclusive provisions of Rule 5 Art. 62, any person who shall commit
 But a proper aid where there is a felony after having been convicted by final judgment
ambiguity before being able to serve such sentence or while serving
the same, shall be punished by the maximum period of the
Discussion: penalty prescribed by law for the new felony. Here’s the
problem, the epigraph says, another crime, but the text of
Limitation: It’s not conclusive, but a proper aid where the law says new felony. The question there is if you say
there is ambiguity. another crime, does it have to be a new and different law?
But here it says new felony. Diba? That’s the problem
there. Does it have to be a different law or the same law
Head notes or epigraphs, defined.
that was committed anew? That’s why it became a new
Introductory quotation felony. The word “another” cannot limit the text of the
article to mean that it is applicable only to a new crime
Head notes or epigraphs, limitation. committed. It is different from the crime which it is serving
sentence because it is not warranted by the plain and
 May be consulted for interpretation unambiguous text. In other words, how do we reconcile
 But cannot limit the words contained in that? The epigraph cannot control the text of the law. Do
you follow? It cannot control. As such, when you say new
the body of the text felony, it may be the same felony, it may be different
 Being mere index of the contents of the felony, but it was committed again. That’s what it meant by
petition or provision of law new felony. Because here if you talk about another crime,
 “Art. 160. Commission of another crime it might presuppose that it is a different felony. But if you
go down the text of the law, it does not really matter. It
during service of penalty imposed for
may be new or different, as long as he was convicted
another previous offense. Besides the once again, it becomes a new felony. Do you follow?
provisions of Rule 5 of Article 62, any
person who shall commit a felony after Marginal notes, defined.
having been convicted by final Notes written in a margin, usually
judgment, before beginning to serve handwritten and initiated.
such sentence, or while serving the
same, shall be punished by the Marginal notes, limitation.
maximum period of the penalty Resorted only when such notes were in fact
prescribed by law for the new felony.” inserted under the authority of the
 The word “another” cannot limit the text legislature.
of the article to mean that it is applicable
only if the new crime committed is Discussion:
different from the crime for which the Marginal notes: defined. Notes written in the margin
accused is serving sentence because it usually handwritten and vision. Marginal notes limitation –
is not warranted by the plain and Resorting to only with statutes in fact inserted under the
unambiguous language of the text. authority of the legislature. This can only be a source of
statutory construction if the insertion of the marginal notes
Discussion: was under the authority of the legislature.

Headnotes or epigraphs: defined. They’re actually Preamble, defined.

introductory quotation. Limitation – they can be consulted
for interpretation, but cannot limit the words to contain of Introductory explanation
body of the text. The main index of the contents of the
provision are provision of law. Here’s the example. Preamble, limitation.
Remember during the recits, I emphasized that you
normally see epigraphs in the Revised Penal Code, and
 Not an essential part of the statute
  May explain ambiguities but not the SC. Not necessarily. Again, nothing binds the SC in so
far as statutory construction is concerned. The final say
conclusive or controlling.
belongs to the Supreme Court. Statutory principles are
Preamble, purpose. merely persuasive. That’s the bottom line.

 The key to the statute

 To open the minds of the makers
 As to the mischiefs to be remedied
 And objects to be accomplished by the *Note: The ones in gray were the inaudible words or
provisions of the statute. words the transcribers weren’t sure of.

Discussion:
Preamble defined. Introductory explanation. Preamble
limitation – not a necessary part in the statute. Again,
we’ve always emphasized this early on in the semester.
WE said that the preamble is not technically part and
parcel of the law. It is only there as a guide in so far as
statutory construction is concerned. It cannot be a source
of rights, but merely a source of light. Diba? It’s not part
and parcel. It may explain ambiguities but not conclusive
or controlling. The purpose is the key to the statute. To
open the minds of the makers as to the mischiefs to be
remedied and objects to be accomplished by the
provisions of the statute. Again, I think I emphasized to
you the reason why in 1973 and 1935 Constitution, it says
the Filipino people, right? And under the 1987
Constitution, the framers took it wiser, saying “we comma,
the Filipino people.” Because when you say the Filipino
people, it presupposes that another higher authority was
declared the sovereignty of the country. And it might still
create doubt as to whether we are indeed sovereign. Why
would you need a higher authority to declare that? But
here, it’s too personal, and it says we comma, the Filipino
people. We are indeed sovereign in that sense because it
is us declaring our sovereignty, and not somebody else.
Not another entity.

Legislative definitions and interpretative

clauses.
 Such definition or construction should
be followed by the Courts
 Statutory definition supersedes the
commonly accepted or a previous
judicial definition.
Discussion:
Legislative definitions and interpretative clauses. Such
definition or construction should be followed by the courts.
Statutory definitions should precede the COMELEC or the
previous judicial definition. And here in this particular
topic, you might want to say that if the legislature defines
the laws or interprets the laws, is it not encroaching on the
power of the SC to construe to the law? Not necessarily
because it is merely a guide for the SC. It does not bind
VERZOSA – VARGAS TRANSCRIPTS determine the will or the intention sir. Why the law was
completed, the direction was determined.
EXTRINSIC AIDS - AUGUST 30, 2017 Atty. Gujilde: Okay, that's correct. Here’s my example. I think
there's some jurisdictions of LGUs that have ordinances in
Atty. Gujilde: Okay, let's start with extrinsic aids now. riding in tandem. Dili pwede magangkas ang usa because that
Enumerate them. You said before legislative history. What would be a crime. But looking from the outset, you want to say
else? why did that particular sanggunian limit my right to this? That is
Wil Caturza: Legislative history, sir. Legislative acts. The a motorcycle. If I want someone to backride on that
opinions of the experts, sir. motorcycle, then no one can stop me because that's an
Atty. Gujilde: Okay here, now what if I am a judge and I am exercise of my rights. How come there is an ordinance now
confronted with a law. I am confronted with a law that that tells me nobody can backride on the motorcycle? You
confuses. And I want to unlock that ambiguity. Can I go cannot understand that. Unless you know the facts and
immediately to extrinsic aids? circumstances, you need to get to the facts. What do you think
Wil Caturza: No sir. I must first look at the legal provisions that is the reason why LGUs say you cannot backride on the
is applicable to the case. But if there is no legal provisions that motorcycle?
is applicable to the set of facts, then the judge must look Wil Caturza: Because sir, maybe sir, because before the
outside the legal provisions of the law. So we must apply enactment or the promulgation of that ordinance sir, rampant
extrinsic aids. vigilante killings are committed by riding in tandem, then that's
Atty. Gujilde: So probably you wanted to say that, you want to why they banned the use of motorcycle of riding in tandem.
exhaust all intrinsic aids first. Correct? I think that's what you're They want to.. The intent of the law is to press the criminality
trying to say. Exhaust first the intrinsic aids. Only if it does not sir.
uncover the ambiguity, that's when you go to extrinsic aids. Atty. Gujilde: Exactly. So we're talking about the facts and
Another question. Is that particular rule binding on the SC? circumstances leading to the enactment of that ordinance.
Can you tell the SC to go directly to legislative debates? Probably you can't find that in the ordinance or in the body of
Wil Caturza: It's not binding. It's merely persuasive. the ordinance. That's why it becomes an extrinsic aid. But
Atty. Gujilde: Of course, we learn that is a rule in Statutory sometimes, they would do that in the next clause. Remember,
Construction. But then again, the bottom line is nothing can the preamble? They may want to say there the reason why
stop the SC from going directly into extrinsic aids to unlock they don't want riding in tandem. Now, how do you rank
something in the law. It is persuasive, but for the SC it does not contemporaneous circumstances as a degree.
bind. Now what do you understand by contemporaneous Wil Caturza: It is not binding. No one can..
circumstances? When you say this, you are actually talking Atty. Gujilde: If it is not binding, then what is the word that you
about one extrinsic aid. Or better yet, sige, what do you use? Persuasive. Simple. If it is not binding, then it is merely
understand by contemporaneous? Or contemporary. What do persuasive. Now here, what about legislative history? What's
you understand by the word contemporary? the scope of legislative history?
Wil Caturza: … The… I forgot sir. I, for example, the facts that Wil Caturza: The aid of construction sir, that the judge will look
happened sir. Before the.. Because there is no law applicable at the legislative history.
that answers the blame of Arroyo. It was on the provision, Atty. Gujilde: Yes, correct. It can be a source of extrinsic aid,
somewhat similar to the Aquino case, but in Arroyo. Prior to the but the question is what is the scope of legislative history as an
judgment, the judge took the facts sir. (Dili nako maklaro sa aid of instruction? What does it cover? What if Duterte in the
recording) SONA says okay Congress, here are my priority bills. I hope
Atty. Gujilde: Yeah, that is in so far as the set of facts is you can pass these laws. Can that be part of the legislative
concerned. But was there a law enacted because of that? history?
Wil Caturza: There was none. But in deciding, they took into Wil: Yes.
consideration the contemporaneous circumstances, sir. Atty. Gujilde: Yes, it can be. It actually tells us the window of
Atty. Gujilde: Yeah, I get it. I think what you're trying to say is the mindset of the president. What are these priority bills? You
because, okay, the SC was trying to see whether Estrada had may want to say, Congress, I want you to prioritize FOI bill
signed. Okay? The contemporaneous circumstances under because that is consistent with my actions. Interest of
which he stepped down, but according to him, he was only on transparency in government. You might want to say that. Now,
leave. But SC said he actually resigned under these does that not encroach on the power of the Congress? Is it not
contemporaneous circumstances. Makes sense, but that is not the President trying to encroach on the exclusive power of the
what we're looking for here. You contextualize it with the fact Congress?
that the contemporaneous circumstance may be an extrinsic Wil: No sir. It's just only an.. A guide sir. A guide in legislation,
aid. Remember when somebody says I know him. He's my or it's only.. Not binding.
contemporary. What's this mean? Atty. Gujilde: It's not binding, but in reality, if the President says
Cara: Colleague? Colleague? this is my priority in the legislative agenda.. In the backdoor,
S: Same time, and.. anything you can't see, there are steps there that the President
Atty. Gujilde: Mm. Meaning ka batch; kasabay nako siya. He is can ensure that the Congress passes those bills. If Congress
my contemporary. But that is different. You contextualize that doesn't abide by that, What happens is we do not know. You
in Statutory Construction. When you say contemporaneous want to suffer, okay don't obey the President. That's why now
circumstance, what do you understand by that? you see there is a change in parties. A change in convenience.
Atty. Gujilde: You're half right there when you say Estrada in There is no real party. There is no party system. So Congress
his acts and allegations in the SC with his circumstances which says let's prioritize these bills. Can we say that the Congress is
he was forced to step down. You are half correct there in a inferior to the President?
sense that it is not really (sound blocks the last word). Segway Wil: No sir. Congress did not.. Wala sila gisugo. Wala sila
to what we're talking now about contemporaneous gipugos. If gipugos, Congress will become inferior because
circumstances as a tool. they will be like servants.
Wil Caturza: It is the…. The determination of the… Facts or Atty. Gujilde: Exactly the separation of powers. But remember,
the.. Before and after the… Enactment of the laws in order to separation of powers means co-equal, independent, and
COORDINATE. When you say that, it says you want to
cooperate with each other. It doesn't mean that you are trying rich candidates to exploit the system and thereby being able to
to control or inferior, you are coordinating. But in reality, you increase the funds they were able to expend.
are inferior to the President especially when he wants to
maximize his political chest. If you are a Congressman, you file Atty. G: Like how? The first premise there is you aren’t allowed
a bill. Here's your bill that there's a cover letter in the law. You to spend more than what was allowed by the law. If it were
want to tell something in the cover letter and it's going to be allowed that donors aren’t included in the computation, it’s
enacted in the law. Can that be a source of extrinsic aid? easy for the candidates to circumvent that part. How?
Wil: Yes sir. It can be a source of extrinsic aid because it's also
part in the… I sponsor that.. Vargas: Because it wasn’t expressly stated in the law (Fair
Atty.: What do you call that cover letter? If you know. Okay, Election Act) that the expenses included in the computation will
you call that an explanatory note. You just want to have an also come from third party donors they can simply say that the
introduction. What if Congress is split where one is against the money was donated to them so it shouldn’t be included in the
bill and one is for the bill. They lost and were outvoted (against expenses calculated. That’s why you could create a loophole
the bill). During the deliberation, it was actually recorded in where he could bypass the certain limit.
what we call as the transcript of notes. Can that be source of
extrinsic aid? Atty. G: Exactly. Here’s what happens… If Vargas was a rich
Wil: Yes. andidate, he can air out that the money spent by him was
Atty: Okay, but considering that the house was equally divided, actually donated by one of his friends. So he might want to
are you going to consider the views and opinions of the part of
say… Mr. Villa, make it appear that you donated 10 M. You
the House who lost to the count as against the winning house?
can make it appear that he donated it but actually all the
Are you going to consider that?
Wil: Yes. In order to determine the.. Classify the part of money came from you. Here in this case, the main problem
extrinsic aids sir where the debates occurred. is… What Ejercito was trying to say was donors cannot be
Atty: If they lost in the voting, no matter how sound their included in the computation because I didn’t ask them to
arguments were, they lost. Would you consider their donate. They judt donated based on their own volition. Is it my
arguments? fault that people love me? How did the SC address that?
Wil: Yes, but it is not binding. It is a guide because they will not
hold that law if they don't have a good argument. Vargas: The SC addressed that through looking at the extrinsic
Atty: Now, legislative debates can be a source of extrinsic aid if aid of legislative history because its legal basis for that was
that has been carried out. In other words, those who are saying that with Ejercito’s contention they rebutted it with the 3
against and lost in the voting, they cannot be used as aid if prior laws that were consistent in saying that there was a
they lost. What can be used is the debates and views that were certain phrase saying that “expenses incurred” – it referred to
in the end, approved by the House. If they lost in the vote no both the donor and also the expenses borne by the candidate
matter how good their arguments were, it cannot be used himself. It was clear from the legislative history what the
because it is not the intention of the law. If you did not want it intention of the framers of the Fair Election Act was in creating
passed, you would be against the intention of the laws. that provision.

Atty. G: You were talking about legislative history right? What

EXTRINSIC AIDS PART 2 (SEPTEMBER 6, 2017)
do these 3 prior laws have in common? The issue in here is?
Atty. G: Ejercito vs. COMELEC
Vargas: WON the expenses incurred for campaign funds
Vargas: What happened here was a case for disqualification necessarily include 3rd party donations.
for Ejercito filed by San Luis against him because, according to
Atty. G: Based on the prior laws, they have one thing in
him, Ejercito gave “Orange Cards” to the electorates of Laguna
common. What was this that they shared in common?
so that they will have undue influence to vote for him. Under
the Omnibus Election Code, it’s one of the disqualifications Vargas: That “the expenses incurred were for the candidates
for… himself or herself were included in the funds that you use for
the campaign”
Atty. G: Bottomline here was that Ejercito spent more than
what was allowed by law. Atty. G: Were the laws stated in the same way?
Vargas: It was stated in the Fair Election Act that you may only Vargas: No.
spend 3 pesos per person in the province. This was actually in
total of 4 M but Ejercito spent more than that which was around Atty. G: Different right? But the bottomline is that it refers to
23 M merely for commercial expenses. It was brought to the what?
SC with Ejercito stating that it was given by a third party
without his consent that’s why the signature was forged and, Vargas: It refers to all the costs that was in favor of the
even if it benefitted him, it was not contemplated in the Fair candidate including third party donations.
Elections Act that these expenses are merely from the Atty. G: The SC said that look at the history of the law. There
candidate… it doesn’t include third party donors and such. were prior laws passed before and they all have one thing in
According to the SC, it disagreed with that contention because common – to include the donors or contributors in the
if you look at the legislative history where those acts are based computation. One liner?
from like the PDs it’s actually consistent within those 3 prior
laws enacted that included in the incurred expenses are third Vargas: Legislative history as an extrinsic aid may be
party donors because the rationale behind that was that if you consulted when all other intrinsic aids have been exhausted
were to exclude 3rd party donors it would create a loophole for and the law is still unclear.
Atty. G: Let’s go directly to the case of Poe. expressed mentionin the Consti. Does it follow that they’re not
Filipinos because they’re insignificant?
Sarigumba: The meaning of foundling wasn’t specifically
mentioned in the provision. The 1935’s Constitution regarding S: Filipinos because in the deliberation they were referred by
natural-born citizens didn’t enumerate foundlings. There was the international law – foundlings of unknown parents
no restrictive language that foundlings were excluded as
natural-born citizens. So what happened was that the SC Atty. G: What the SC was trying to tell us was that we don’t
resorted to examine the deliberations that happened in the have to state the obvious. By interpretation of law, foundling is
1935 Constitutional Convention. There was a proposed already included. No need to express this because these
amendment by a member that those children (foundlings) be cases are insignificant in number. What are the chances of
included in the Consti. The reply was that children of unknown Grace Poe having foreign parents who left her? Based on the
parents are already – children born in a Spanish territory, deliberation, the SC was trying to tell us that no need to state
they’re already Spaniards so if we relate it to the Philippines the obvious, it’s there by interpretation. One liner?
those born in the Philippines are already Filipinos.
S: Do not state the obvious… Deliberations may not be
Atty. G: The problem here is that Grace Poe was foundling. binding, they are actually views of the members of an
Her parents are also unknown. There’s a problem establishing assembly.
her Filipino citizenship. Why did the SC have to go back to the
Atty. G: The tricky part here is this, we are looking into the
1935 Consti?
deliberations and the debates as extrinsic aids, but however, if
Sarigumba: There was no registration so far that would you look at deliberations and debates it doesn’t necessarily
specifically or expressly mention that foundlings are natural- state that foundlings are expressly part. The reason why they
born citizens except RA 9225 that citizenship can be acquired rejected the amendments is because of the insignificance of
by someone. the number of cases. It is implied.

Atty. G: 9225 doesn’t enumerate who are citizens. In what year Earlier in this semester, we said that the power to construe is
was Poe born? not exclusive to the SC. As a matter of fact, the first to construe
is the executive department because it enforces the law. You
S: 1968. cannot enforce if you don’t understand. When the executive
officers construe a law, in what form are they contested?
Atty. G: During 1968, what Consti was established?
Ilustrisimo: Through department orders, IRR…
S: 1935 Consti
Atty. G: You said that executive officers may construe by
Atty. G: Exactly why the SC went back to 1935 Consti because finding it in the form of IRR, blab bla bla. Does that bind the
Poe was born under the auspices of that Consti. The problem SC?
is after the 1935 Consti enumerates who are citizens of the
Philippines. If you look at the enumeration, it doesn’t I: No because if there is a conflict in rules and regulations, the
specifically mention foundlings as natural-born. How are we intent of the law prevails that’s why the interpretation of the
going to apply here the doctrine of mention of one or two things executive department doesn’t bind.
exclude the other. Are we going to apply that? So if you’re not
enumerated, impliedly you aren’t included, you cannot be a Atty: For as long as the SC doesn’t deny the interpretationof
citizen. the executive department, that’s still valid. When the executive
officers construe a law, it is as good as it gets. It is valid until
S: No because according to the Constitutional Convention, the annulled because it doesn’t bind SC but merely persuasive. If it
Consti didn’t bear any restrictive language to exclude the doesn’t bind SC, does the SC afford some amount of respect?
foundlings. It was silent.
I: Yes.
Atty. G: Does silence amount to inclusion?
Atty: When you say “some amount” how do you quantify that?
S: It depends.
I: Because for example in the principle of separation of
Atty. G: In this case? powers… the executive department is tasked to implement the
IRRs because they havethis knowledge that is part of the
S: Yes. It is included. During the deliberations, the foundlings theory of legislative department that’s why it somehow justify
were intentionally not enumerated because there was only a why their interpretation is respected.
few of those cases. It was up to the legislature to come up with
a legislation to govern such. Atty: Are we going to respect it big time or small time?

Atty. G: In the deliberation, somebody there said that… Sr. I: Bigtime.

Montinola said something.
Atty: Are we affording it great respect or little respect?
S: It is in the interpretation of the amendment.
I: Great respect with exceptions like for example… because of
Atty. G: Exactly that’s the reason why in the deliberation it the principle of checks and balances.
actually means that that is already the interpretation of the law.
In that enumeration, a foundling was already part. They didn’t Atty: Can there be an expressed construction by executive
include these people kay gamay ra sila they don’t warrant officers?
I: Yes. Atty: What if the facts are similar? Same facts and same
provisions of law.
Atty: When you say expressed, when can you say there is
expressed construction? Tan: Is the SC bound to decide the same way years ago?

I: Like the IRR, how they construe it in the performance of their Atty: The general rule is to follow but does that bind the SC into
quasi- - be locked into the doctrine of stare decisis?

Atty: In other words, they construe by putting them into words Tan: If it is contrary to a law
and those words are embodied in a document. If there’s an
expressed construction, can there be an implied construction? Atty: What you’re saying is… the SC might say what you did
years ago was incorrect?
I: Yes.
Tan: Yes.
Atty: In what form?
Atty: What if the conditions behind the law didn’t change? What
I: It is not written. could be the reason why the SC would suddenly abandon a
previous ruling and say you should rule differenty? What if a
Atty: If it’s not written? decision is a split decision (8-7), you call that what? Majority
opinion. Those who lost (7) they might say minority opinion. If
I: It’s just only verbal-
you want to concur, that’s concurring opinion. If you want to
Atty: What else? Maybe what you want to say is how they dissent, it’s called dissenting opinion. What’s common is that
interpret or apply the law in particular situations. When you say all these are opinion. Is opinion written in stone? Can it not be
expressed construction, it is embodied in a document. When changed?
you say implied, it is by action or usage. You know that there is
Tan: No
a Secretary of Justice. That Secretary is somehow the lawyer
of the government aside from the Sol Gen. So if the Secretary Atty: It changes because at that time it is the judges or justices
of Justice issues an opinion, are you going to respect that? viewpoint that prevailed. In other words, if they abandoned a
previous ruling, they change their minds. It’s just an opinion.
I: Yes because the Secretary of Justice is entitled to give a
The court departs from previous jurisprudence. Eg. Aguinaldo
legal opinion aside from the Pres.
doctrine – SC stated that this has no basis in law and
Atty: Is there a specific law that mandates such opinions? jurisprudence and so they abandoned that. However, in the
Binay case, the SC was playing safe because they said that
I: The opinions of the judges form part of the land. Aguinaldo doctrine is going to be abandoned but Jun Jun
Binay is the last to enjoy that doctrine. All cases after Binay,
Atty: What if the judiciary construes the law, can that be a
cannot be relieved of their liability. There is a thing called
source of extrinsic aid?
public accountability, how can you say that voters forgave you
I: Yes because the judges are looking beyond what is in the of your infraction. The voters don’t even know of your
law. infraction.

Atty: You’re done. Tan. What if in 1990, the SC was The SC can flip flop their decision. However, this can be
confronted with a case involving a particular set of facts dangerous because it disturbs the stability of the judiciary.
applying a particular principle of law, what if today – 25 years
If composition changes in the judiciary (e.g. retirement),
after- the SC is confronted with an identical set of facts and
mausab because these are personal opinions.
applying the same law., should the SC decide the way it did in
1990? What do you understand by obiter dictum?
Tan: Yes by virtue of the doctrine of stare decisis where the Tan: Opinion made by judge which doesn’t involve a necessary
courts have decided the case that would establish precedent determination of a case. Nevertheless, the judge gives their
and another case arises where the facts are similar where the opinion.
ruling of the old case is applicable to the subsequent case that
is to be decided. Atty: What’s the literal translation of obiter dictum? Other things
said. It presupposes that that isn’t the main thing nor the main
Atty. G: Is that absolute? argument of the case. It isn’t necessary to address the issue of
the case. In other words, palipad hangin. If it isn’t necessary to
Tan: It wouldn’t be absolute if it would be in conflict with a new
resolve the main issues, why would the SC even bother to say
law so restriction would not apply where there is a law enacted
that?
and there is a conflict between the precedent and the new law.
Tan: It would be a basis to another case that might have the
Atty: What if no new law? What if identical set of facts and
same issue.
identical issues? No amendment, it is the same old law. Is the
SC bound to follow the doctrine at all times? It is correct that it Atty: Are you saying that an obiter dictum can be a binding
isn’t absolute so what are the exceptions? precedent? Is it related to a case? It is but not really
indispensable to address the main issue of the case. What’s
Tan: It would not apply if the facts are not similar.
the opposite of obiter dictum? What binds?

Tan: Ratio decidendi. Rational decision.

Atty: What is its impact – obiter dictum? contemplated there? If you voluntarily renounce your office,
what do you do? You voluntarily renounce your office. What do
Tan: Merely a remark on the part of the… you do?
Atty: What is the effect of obiter dictum in the SC? Student: You leave, you vacate the office.
Atty. Gujilde: Aside from leaving, what do you do exactly? In
Tan: Persuasive.
your own volition, ha. We're talking about the permanent
Atty: If it doesn’t bind, it persuades. Again, what’s the severance of the office. Aside from stepping down, what do
you do exactly? You work? Ah ok. In your previous work, you
difference between obiter and ratio?
resigned. That is what is contemplated by the word voluntary
Tan: OD is just a remark or opinion expressed by the judge renunciation. That does not interrupt. Aldovino contemplated
which is not necessary to the determination of the case but that if it is involuntary, it now interrupts. I was preventively
suspended. That is involuntary. I did not ask them to suspend
nevertheless the judge gives their opinion. It isn’t binding but
me. So that is involuntary. So that now interrupts the term.
merely persuasive. In RD, it addresses the main issue of the
What did the SC say?
case and it is what binds the courts and is where stare decisis
gets its source. Student: The SC said that the involuntary renunciation is more
potent that voluntary renunciation. It can be easy for someone
Atty. Gujilde: So what about Construction by the Bar? Can that to file an administrative case or a case against the public
be a source of extrinsic aids? official so that they can be preventively suspended.
Student: Could be a source if it is used in a long professional Atty. Gujilde: Yeah exactly, that's the justification of the SC. It
usage. said that actually we're preventing politicians who are so
creative to manufacture an administrative case against them
Atty. Gujilde: Now when you say bar, who are these people? and they are suspended, and their term of office will be
Lawyers. When you say bench, who are these? Justices diba? interrupted. That’s easy to do, right? If it were involuntary, still
Remember that case where the SC said regardless of whether the SC says not necessarily because it might be that you
the case is mooted, it can guide the bench and the bar. Diba? invented the case. But the question is, where does the
Okay now, there are textbooks and dictionaries. We have two dictionary come in? What word was unlocked by the
cases there, but I regret having assigned these cases. The dictionary? I think you already answered that right? How did
concept of textbooks and dictionaries are too simple a concept the dictionary define renunciation?
as to warrant a case. But inyo naman gibasa, sayang ang
pagbasa ug gihagoan. But in the next batch, probably we will Student: Actually, they answered between a conversation of
not enter into it. I will not assign these cases anymore. the candidate, and renunciation about abandonment. It's the
Anyway, just keep that as an advanced lesson for electoral same with abandonment, and Davide said that it's more
laws. Aldovino case. Miss Conlu. What do you know about the encompassing that abandonment.
case?
Atty. Gujilde: Now, you mentioned before that there was really
Student: The Aldovino case is about running for office. It is the no loss of title in the office. When you are preventively
councilor. He ran for office four times and he was allowed to suspended, you don’t lose your title. The title of the office is still
run the fourth time. Asino said that because of his preventive yours, but you cannot perform the functions of the office. What
suspension, his three term limit was incomplete. He also held is the best evidence that the title of the office was not lost by
that the petition of Aldovino was not granted by the second mere preventive suspension?
branch? Or was denied because they said because of his
preventive suspension, he can still run. The question there is Student: There was just a de facto office. There is just
what really is the three term rule? So, question is in the LGC someone else doing the job for you because you are not
and in our Constitution, it says there that you can only, or the allowed to do so.
three term limit rule can only… the inclusion of the rule is you
won't be in the title itself, but not just the office. So if you still Atty. Gujilde: Is that in a permanent capacity or temporary?
have the title of the public office, then the three term limit rule Temporary. That's the best evidence because there was no
applies. It's only until involuntary loss of title shall the three replacement, and the replacement there was only temporary.
term limit rule be averted and you can complete the three term He still has the title but he cannot perform the functions of his
limit. office. Now let's have Batalla v. Comelec. Ramirez. What
happened here?
Atty. Gujilde: So where does this place in the dictionary as an
extrinsic aid? In what part of the case did the SC use the Student: Batalla was a former official, and he wanted to run
dictionary to unlock the ambiguity? This is assigned under again against a certain Bataller. And then, after the elections,
dictionaries and textbooks. Having the facts, here's a councilor, Batalla won by four votes, but Bataller contested the ballots,
katulo na siya na konsehal, pero on the second term, he was and let the COMELEC decide on that. They were actually tied.
preventively suspended, and now, he's running the fourth time The COMELEC said that they had to draw lots. Then Bataller
arguing that the second term did not count. He was petitioned or filed an appeal because the COMELEC erred in
preventively suspended, correct? And now, in that particular making the decision and said that those files weren't properly
argument, the SC was constrained to use a dictionary to checked. (Appropriate term is appreciation of the ballots). So
address that contention. after that the COMELEC said that Batalla was wrong in his
appeal because of irregularities in procedural and substantive
Student: They used the dictionary to describe the… the term aspect.
"term". Ah no Atty, it was about the… Atty. Gujilde: Which part of the case was where the SC was
constrained to use the dictionary?
Atty. Gujilde: In the constitution, voluntary renunciation does
not interrupt your term. In voluntary renunciation, what is
Student: Actually I was confused. I don't know where the Atty. Gujilde: The law says to trim down the breadth of
dictionary was placed. It was about the practicability of this. bureaucracy. There's just too many people working in the
government. And also to what? What else did it say?
Atty. Gujilde: Your family name is Ramirez. What if you were a Student: To save the cost.
Punong Barangay candidate, and I was not educated. What if
in the ballot, I just wrote Ramire. Can that be counted in your Atty. Gujilde: Now if there are too many people, what
favor? (Yes) Because of what principle? What if it were happens? Aside from funds?
Sarigumba and it was written Saligumba? Or what if I say
Ilustrisimo is the candidate, and I state there Illustrated? So Student: Naay mufree ride? There are some that won't work
what's the rule now? What if the candidate is Manit Paolo? And anymore?
I wrote there Manit Paul? When you say Ramirez and Ramire,
do they sound alike? What is that particular word that was Atty. Gujilde: Another reason is to streamline the bureaucracy.
stated? Did you not encounter Idem Sonans? (Yes) Idem What do you understand by streamline?
sonans literally means sounds alike. What is the reason why Student: The direct line. (That is mainstream. Streamline is
the law allows incorrect spelling in favor of the candidate as something else).
long as it sounds alike?
Student: Specially with regards to Punong Barangay, you don't Atty. Gujilde: It also starts with letter S. What do you mean by
have.. In this case, there were only like 300 or so. this?

Atty. Gujilde: Can you tell me now that you have perfect Student: Standardize? (That's good. Another one. If it is
spelling skills? Do you commit misspellings? And you are in complicated, what do you do?) To simplify.
law school? What if it were an adult who is uneducated. They
are bound to commit incorrect spelling. The law upholds the Atty. Gujilde: To simplify and to cut down the bureaucracy is
less lettered or the unlettered. Even if the spelling is incorrect, the reason. SC says that if that is the purpose, what is the
the vote is going to be counted by virtue of idem sonans. Let's problem? There is someone who volunteers and you shut them
talk about the doctrine of necessary implication. Let's have down? The reason they said is that the co-terminus employee
Jareno? Sarigumba is done. Manit Paolo. Chua v. CSC. based on a project lang diba? In the government, you're there
for the longest time because they will be gotten again because
Student: So the case.. There was a law that specified there of the project, but they do not have tenure. SC said if you are
that who are the beneficiaries of early retirement. These are serious in streamlining, why are you so strict in implementing
regular, temporary, casual, and emergency employees. There this? What is the difference between co-terminus, casual, and
was a woman who had a co-terminus relationship/employment etc? What is common among them?
with NIA. She was a government employee for 15 years and
filed for early retirement. CSC denied it because co-terminus is Student: There is no security of tenure.
not said in the law. So the petitioner stated that she is also not Atty. Gujilde: Ok. The argument there is that the co-terminus
part of the exclusion. That's why she should be included. But employee is not mentioned. But in the end, how was that
SC said that the statute saying that what is not included is resolved? She was not mentioned.
excluded because it would be absurd by not affording equal
protection to everyone. There is no significant difference Student: Ah yes, she was not mentioned, but she was also not
between emergency and casual, and co-terminus, because excluded. And then exclusion of her would be a violation of
they are non-career servants and are contractual in nature. So equal protection, and the application of the law would be
the petitioner should be afforded the benefit of the early absurd, and that they applied the doctrine of implication to fill in
retirement, and the doctrine should be the doctrine of the gaps where legislative intent was to join all the co-terminus
implication which says that the law at the time of enactment or contractual employees and the regular.
does not say that there are unfolding events in the future, you
should be… The law at the time of the unfolding which is within Atty. Gujilde: In other words, class, in this particular case, the
the intent of the law should be also covered just like in the doctrine of necessary implication.. Implication ha? Meaning it
case. did not expressly state in the law, but by implication, it has got
to be there. It's not there but it's supposed to be there because
Atty. Gujilde: I think what you're trying say is the Congress of the intent of the law. It says trim down the bureaucracy, and
does not anticipate every detail in the passage of the law. That someone wants to leave, but why are you making it so difficult?
is why implication fills the gap in the law. Congress cannot Trim down man ka ha? So pwede. Even if she is not, her
anticipate each and every situation that might transpire in the category as a co-terminus employee is not expressly stated.
enforcement of the law. It can be implied or inferred by doctrine Take note that I like this topic, so 100% it will come out in the
of necessary implication. Now here, what's the reason why the exam. One-liner?
government wanted to give this retirement package to regular
casual, temporary employees. What's the reason? Student: When the law wants it to be there, it should be there.

Student: In order to appreciate their service? (Aside from that). Atty. Gujilde: Okay. One last. Angeles. Let's have CoA v.
Province of Cebu.
Atty. Gujilde: Diba it's the early retirement and voluntary
separation of law. Panghawa na mo, bayran tamo. That's what Student: Okay so in this case, the government of Cebu
the government was saying. Why? appointed some teachers to handle extension classes and to
accommodate students in public schools, and the salaries of
Student: I think sir because there was lack of funds and there these teachers were charged against the SEF (Special
is more manpower than what is needed. Education Funds) as well as the scholarship grants. During the
audit, the CoA suspended the disbursement because these
funds were not actually kanang, were not mentioned or
chargeable against the SEF. (Side note: 1% of the deed of sale
goes to the SEF). Under the LGC, these charges were not presumption, you need to present clear and convincing proof
included in the law or LGC. Since they are not included, they against the latter. Do you follow? Do you have any questions?
suspended the disbursement of these funds. The issue here is
whether or not the funds are included and should be disbursed Student: Contemporaneous construction is the same as
by the CoA. The SC ruled that yes, these funds were included executive construction?
in the.. Although it is not expressly provided, but the SC Atty. Gujilde: Contemporaneous construction is about the facts
applied the doctrine of necessary implication. They said that and circumstances leading to the enactment of the law. When
the authority to open extension classes, these funds were or you say executive construction that is the construction of the
can be chargeable against the SEF. executive officer. There is not even a comparison.

Atty. Gujilde: The problem there was that there was an excess Student: So contemporaneous circumstances is equal to
of students in public schools. The remedy is to establish contemporaneous construction?
extension classes. Under the law, the SEF must be privatized
into the maintenance and establishment of extension classes. Atty. Gujilde: No, not necessarily. Construction is broader than
Correct? But now, the Province hired teachers to handle these circumstances. Circumstances is the basis for construction
classes, and so they were to pay these teachers. CoA said you
cannot pay these teachers using the SEF because it was only
for the maintenance of extension classes. How did SC resolve
this?
Student: They applied the doctrine of necessary implication
saying that these extension classes are chargeable against the
SEF. So it logically follows that these charges are or could
be…

Atty. Gujilde: Exactly. Can you have teachers without salaries?

These are necessary implied in the law. In other words, the SC
said to CoA, don't be too literal. Of course when you say
establishment of classes, what do you do? Hire law students?
Of course, you need to hire teachers, right? And you need to
pay them 'cause otherwise, kinsa may mabilin? Here the SC
said again, do not be too literal. CoA went overboard and did
not use logic. By the way, by ordinary parlance, what does the
doctrine of necessary implication mean?
Student: Logic, common sense.

Atty. Gujilde: Yes. But also the Province of Cebu said we're
going to pay the scholars. Is this included? The CoA also
excluded the scholars. How did the SC resolve that? Did you
not encounter that part where there was a scholarship grant?

Student: They were not included.

Atty. Gujilde: Did the province of Cebu pay scholars? Did CoA
disallow the payments? Was CoA right this time? It was right
this time because there is nothing in the law where you can
imply that you have to pay scholars. In other words,
scholarship grants are not indispensable to the establishment
of extension classes. You can have extension classes without
scholarship grants, but you cannot have extension classes
without teachers and without paying them. It's not there, but it's
supposed to be there. Final question, does that not amount to
judicial legislation? The SC is adding something to the law that
was not there in the first place. It's not because?

Student: It's not judicial legislation because the court does not
make any…

Atty. Gujilde: It cannot be judicial legislation because there is

something in the law from which you can draw that inferences
and implication. And that is the establishment of extension
classes. So out of that law, you can draw implications. There is
still basis, but it is implied. One-liner?

Student: It is implied in maintenance of extension classes that

teachers will also be included.

Atty. Gujilde: Now take note also there in the syllabus that
there is something there about presumptions. If it is