Statutory Construction Reviewer PDF

Law- is a rule of conduct formulated and made obligatory by legitimate power of the state. ELEMENTS OF LAW 1. Rule of Conduct- as all Filipinos should follow this law. 2. Just- all things be considered equal; applied to all persons (whether as Filip...

Law- is a rule of conduct formulated and made obligatory by legitimate power of the state. ELEMENTS OF LAW 1. Rule of Conduct- as all Filipinos should follow this law. 2. Just- all things be considered equal; applied to all persons (whether as Filipino Citizens, Aliens- foreigners, etc) 3. Obligatory- required that a law is supposed to be obligatory and not a suggestion or recommendation thus the purpose of penalties. 4. Prescribed by Legitimate Authority- ex. government. 5. Ordained for the Common Benefit- Salis Populi est Suprema Lex. "The health [welfare, good, salvation, felicity] of the people should be the supreme law". CLASSIFICATION OF LAW Natural Law 1. Physical Law- Universal Rule of Action that governs the conduct and movement of things, which are non-free and material. 2. Moral Law- Set of rules which establishes what is right and wrong as dictated by the human conscience and as inspired by the eternal law. 3. Divine Law- Divine Positive/HUman Law. Positive Law 1. Public Law A. Constitutional Law: fundamental law of the land which defines the powers of the government. B. Administrative Law: law that fixes the organization and determines the competence of the administrative authorities and which regulates the methods by which the functions of the government are performed. C. International Law: body of rules which regulates the community of nations. 2. Private Law A. Substantive Private Law: ruled which declares legal relations of litigants when the courts have been properly moved to action upon facts duly presented to them. B. Procedural or Adjective Private Law: the means and methods of setting the courts in motion, making the facts known to them and effectuating their judgements. SOURCES OF LAW 1. Legislation 2. Precedents/ Jurisprudence 3. Customs 4. Court Decisions  LEGISLATIVE POWER: PASSAGE OF A BILL 1. Introduce Bill- every bill shall embrace only one subject which shall be expressed in the title 2. 1st Reading- involves only a reading of the number and the title of the measure and its referral by the Senate President or Speaker of the House to the proper committee for study. 3. 2nd Reading- The bill is read in its entirely, scrutinized, debated upon and amended when desired. 4. 3rd Reading- Members of the HoP/ Senate merely register their votes and explain them, if allowed. 5. Sent to other Chamber: 1st Reading: Reading of title & referral to committee 2nd REading: Debate 3rd Reading: Voting 6. Submitted to the President: President signs the bill. President fails to sign the bill. President votes the bill. PARTS OF THE STATUTE 1. TITLE General Rules: - Every bill shall embrace 1 subject- which is expressed in the title. - Title of a bill should be literally construed. - if title does not conform with the constitutional requirement/ not related in any manner to its subject is null and void. 2. ENACTING CLAUSE- That part of a statute written immediately after the title thereof which states the authority by which the act is enacted 3. PREAMBLE- A Prefatory statement or explanation or a finding of facts, reciting of the purpose, reason, or occasion for making the law which it is prefixed. 4. BODY- That part of the statute which tells what the law is about; contains the subject matter of the statute. Exceptions & Provisos: Exception- exempts something which would otherwise fall within the general words of the statute. Proviso- A clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of the generality of the language which follows. CLAUSES Interpretative Clause- RA 1199, Sec. 56 DOubts to be solved in favor of the tenants. In the interpretation and enforcement of this Act and other laws as well as of the stipulations between the landholder and the tenant, the courts and administrative officials shall solve all grave doubts in favor of the tenant.  - part of the statute where the legislature defines its own language/ prescribes rules for its construction. Separability Clause- states that if any provisions of the act are declared invalid, the remainder shall not be affected thereby. General Rules: creates a presumption that the legislature intended separation, rather than complete nullity of the statute. Exceptions: if the parts of the statute are mutually dependent and connected thereby creating a belief that the legislature intended them as a whole, the nullity of unconstitutionality of one part may vitiate the rest. Repealing Clause- announces the legislative intent to terminate or revoke another statute/s. Saving Clause- restricts a repealing act and preserves existing powers, rights and pending proceedings from the effects of the repeal. A complex and comprehensive piece of legislation usually contains: 1. Short Title 2. Policy Section 3. Definition Section 4. Administrative Section 5. Sections prescribing standard of conducts 6. Sections imposing sanctions for violations of its provisions 7. Transitory Provision 8. Separability Clause 9. Repealing Clause 10. Effectivity Clause EFFECTIVITY of STATUTES General Rule: where the law is silent as to its effectiveness or where it provides that it shall take effect immediately or upon its approval, such law shall take effect after 15 days from its publication in the Official Gazette or in a newspaper of general circulation. Exception: legislature may, by law or by particular statute itself, provide that it shall take effect on a particular date or after a certain period from its publication in the Official Gazette or in a newspaper of general circulation. ADMINISTRATIVE RULES & REGULATIONS Ordinance: unless otherwise stated in the ordinance or resolution, the same shall effect after 10 days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol, or city, municipal or brgy. Hall and in at least two other other conspicuous places in the local government concerned. EXECUTIVE ISSUANCE, RULES & REGULATIONS Executive Power (President)- the power to enforce and administer the law. Administrative Power- concerned with the work of applying policies and enforcing orders as determined by proper governmental organs. Presidential Issuances- Those which the President issues in the exercise of his ordinance power. Have the force and effects of the law. Power to make administrative rules & regulations power of subordinate legislation quasi- legislative power- the authority delegated by the lawmaking body to the administrative body to adopt the rules and regulations intended to carry out the provisions of a law and implement legislative policy. An exercise of delegated legislative power: involving no discretion as to what the law shall be but merely the authority to fix details in the execution or enforcement of a policy set out in the law suit itself. TEST OF THE VALID DELEGATION OF THE POWER Completeness Test Sufficient Standard Test VALIDITY OF ADMINISTRATIVE RULES & REGULATIONS 1. The rules should be germane to the objects and purposes of the law. 2. The regulations are not in contradiction with but conform to the standards that the law prescribes. 3. They are for the sole purpose of carrying into effect the general provisions of the law. - In case of discrepancy/ conflict between the basic law and the regulations issued to implement it, the former prevails over the latter. VALIDITY OF STATUTES Judicial Power vested in: One Supreme Court and in such other lower courts as may be established by law. Includes: to settle actual controversies involving rights which are legally demandable and enforceable; Judicial Review: to determine whether or not there has been grave abuse of discretion amounting to lack or excess. Judicial Review- power of the court to test the validity of executive and legislative acts in light of their conformity with the Constitution. Limited to: - actual cases and controversies - to be exercised after full opportunity of argument by the parties, and - limited further to the constitutional question raised or the very lis mota presented. - The judiciary does not pass upon questions of wisdom, justice or expediency of legislation. REQUISITE OF A JUDICIAL INQUIRY REVIEW: (Francisco vs. House of Representatives, GR# 160261, 11/10/03) 1. An actual case/ controversy calling for the exercise of judicial power. - For a case to be considered RIPE for adjudication, ‘it is a prerequisite that something had by then been accomplished or performed by either government branch before a court may come into the picture. 2. Locus Standi- The person challenging the act must have STANDING to challenge; he must have a personal and substantial interest in the case such that he has sustained or will sustain, direct injury as a result of its enforcement; 3. The question of constitutionality must be raised at the earliest possible opportunity and 4. The issue of constitutionality must be the very LIS MOTA- the cause or motivation of a legal action or lawsuit) of the case. CONSTITUTIONALITY OF STATUTES Constitution: A written enactment by the direct action of the people providing for the form of government and defining the powers of the several departments, thus creating a fundamental law which is absolute unalterable except by the authority from which it emanated. Philippine Constitution: The basic and paramount law to which all other laws must conform to which all persons including the highest officials of the land must defer. Doctrine Of Constitutional Supremacy: if a law or contract violates any norm of the constitution, that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. General Rule: In case of conflict between the Constitution and a statute, the Constitution always prevails Presumption: Every statute is presumed valid. - An act of the legislature, approved by the president, is presumed to be within the constitutional limits. - To declare a law unconstitutional, the repugnancy of the law to the Constitution must be clear and unequivocal. - To doubt is to sustain. EFFECT OF UNCONSTITUTIONALITY OF STATUTES Law Declared Totally Unconstitutional: General Rule: a. An unconstitutional act is not a law b. It confers no rights c. It imposes no duties d. It affords no protection e. It creates no office f. It is inoperative as though it had never been passed Law Declared Partially Unconstitutional: General Rule: The valid portion, if separable from the invalid, may stand and be enforced. CONSTRUCTION AND INTERPRETATION - The art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law. Construction- One who construes utilized extrinsic aid or those found beyond the language of the law Interpretation- One who interprets uses intrinsic aids, or those found in the statute itself. One must utilize and exhaust intrinsic aids before resorting to extrinsic aids Purpose Of Construction & Interpretation To ascertain the meaning and will of the law making body, to the end that it may be enforced. To determine Legislative intent. Legislative Intent - is the essence of the law, It is the spirit which gives life to legislative enactment. - What the legislature meant by the use of the language contained in the statute - The reason why a particular statute was enacted by the legislature Legislative- What the law, by its language, means. Source: The Statute Itself 1. The legislative intent has to be discovered from the 4 corners of the law. It has to be extracted from the statute as a whole and not from an isolated part or particular provision thereof. 2. If the statute as a whole fails to indicate the legislative intent because the words used are ambiguous, the court may look beyond the statute. See: China Bank V Ortega, Gr# L-34964 Can Interpret/Construe By: - The duty and power to construe the statute or the Constitution belongs to the judiciary. Can the Legislature and/or Executive Department make a construction or interpretation? General Rule: It is the court that has the final word as to what the law means. Exception: By amending the constitution, the framers of the fundamental law may modify or even annul a judicial interpretation of a particular interpretation thereof. 1st Fundamental Duty Of The Court - Apply the Law. RULE OF VERBA LEGIS: Where the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without interpretation Ultimate (Final) Function Of The Court - Construction or Interpretation only where literal application is impossible or inadequate See: Commissioner Of Internal Revenue Vs Lim Investment Corp. And Cta Ambiguity- A condition of admitting 2 or more meanings, of being understood in more than one way, or of referring to 2 or more things at the same time EXISTS: 1. When the language of the statute is doubtful; or obscure when taken in relation to a set of facts 2. When reasonable minds disagree as to the meaning of the language used in the statute. 3. When a literal interpretation of the words would lead to unreasonable, unjust, or absurd consequences 4. Where the statute is in conflict with the Constitution 5. Where the statute would defeat the policy of the legislation EFFECT OF CONSTRUCTION/ INTERPRETATION: Article 8 Of The Civil Code: “Judicial decisions applying or interpreting the laws of the Constitution shall form art of the Legal System of the Philippines” “Legis interpretato legis vim obtinet” - The authoritative interpretations of the Supreme Court acquires the force of law by becoming a part thereof. Article VIII, Sec. 4 (3) Of The 1987 Constitution: “No doctrine or principle of law laid down by the Court in a decision rendered en Banc or in division may be modified or reverse except by the court sitting en Banc” - However, a division of the Supreme Court may validly reject or disregard obiter dictum or the decision is pro hac vice. Article 4 Of The Civil Code: “Laws have no retroactive effect unless the contrary is provided “Lex prospicit, non respicit - the law looks forward, not backward Limitations: 1. Courts may not enlarge or restrict statute- Courts are not authorized to insert into the law what they think should be in it to supply what they think the legislature would have supplied if its attention has been called to the omission. 2. Courts Should Not Construe Statutes That Are “Perfectly Vague”- A statute may be vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application -However, a division of the Supreme Court may validly reject or disregard obiter dictum, or the decision is pro hac vice 3. Courts Should Not Be Influenced By Question Of Wisdom - It is not within the province of the courts to supervise legislation and keep it within the bounds of propriety and common sense. As long as the laws do not violate the Constitution, the courts merely interpret and apply them regardless of whether or not they are wise or salutary. Aids To Construction/Interpretation Intrinsic Aids - Elements found in the law itself - Those found in the printed page of the statute itself a. Title b. Preamble c. Words, phrases, and sentences d. Context e. Punctuation f. Headings and Marginal notes g. Legislative definitions h. Interpretation clauses Extrinsic Aids - Facts or matters not found in the law - Those extraneous facts and circumstances outside the printed page a. Intent of the law b. Contemporaneous circumstances c. Policy d. Legislative history of the Statute e. Contemporaneous or practical construction f. Executive construction g. Legislative Construction h. Judicial Construction i. Construction by the Bar and Legal Commentators Presumptions - Based on logic or established provisions of the law - Assumes the truth of certain matters Aids To Construction/ Interpretation INTRINSIC AIDS RULE NOT APPLICABLE TITLE - Carries more weight - When the text of the as a guide to statute is clear and ascertain legislative free from doubt, it is intent. improper to resort to - “Every bill shall its title to make it embrace one subject obscure which shall be expressed in the title thereof”. PREAMBLE - While the preamble is - Where the meaning of not an essential part statute is clear and of the statute, it may unambiguous, the when the statute is preamble can neither ambiguous, be expand nor restrict its resorted to clarify the operation much less ambiguity. prevail over the text nor be used as basis for giving a statute a meaning not apparent on its face. Words, Phrases, Sentences 1. The intention of the 1. WORDS, PHRASES, legislature must be SENTENCES ascertained from the 2. Capitalization of whole text of the law Letters and every part of the 3. Punctuation Marks act is taken in view 2. An aid of low degree  in the construction of statute 3. Where there is an ambiguity in a statute which may be partially or wholly solved by a punctuation mark, it may be considered in the construction but only as an additional argument for adopting the literal meaning of words as punctuated. Headings And Marginal In case of doubt or ambiguity, Notes/ Headnotes Or headnotes, headings, or Epigraph epigraphs of sections of a statute may be consulted in aid of interpretations Lingual Text Where a statute is officially promulgated in Spanish or in English or in Filipino, with written translations into other languages, the language in which it is written prevails over its translation Legislative Definitions And - If a law provides that Interpretations in case of doubt it should be construed in certain manner, the courts should follow such instruction - In case of conflict between the interpretation clause ad the legislative meaning, as revealed by the statute considered in totality, the latter shall prevail - A term is used throughout the statute in the same sense in which it is first defined - Legislative definition of similar terms in other statute may be resorted to except  where a particular law expressly declares its definition therein is limited in application to the statutes in which they appear - Where a statute does not define the words or phrases used therein, not does its purpose or the context in which the words or phrases are employed indicate their meaning, the courts may consult dictionaries, legal, scientific or general as aid in determining the meaning to be assigned to such words and phrases. Adherence To Language Of Statute RULE WHEN APPLICABLE Verba Legis - If a statute is clear, plain and free from - Plain meaning rule ambiguity, it must be given its literal meaning and applied without attempted interpretation. Dura Lex Sed Lex - When the words and phrases of the - The law may be harsh, but it is still the statute are clear and unequivocal, law. their meaning must be determined from the language employed and the statute must be taken to mean exactly what it says. - For equity is available only in the absence of law and not its replacement. EXTRINSIC AIDS RULE NOT APPLICABLE Intent Of The Law Intent or spirit of the law is the law itself Policy In construing a statute, the important factors considered  in its construction are: 1. Purpose or object of the law 2. Mischief intended to be removed or suppressed and 3. Cause which induced the enactment of law Legislative History Where a statute is Includes: susceptible of several - The President’s interpretations or where there Message To The is ambiguity in its language, Legislature. there is no better means of - Committee Reports Of ascertaining the will and Legislative intention of the legislature Investigations And than that which is afforded by Public Hearings On the history of the statute. The Subject Matter Explanatory Note Where there is ambiguity in a May not be used as basis for statute or where a statute is giving a statute a meaning susceptible to more than one that is inconsistent with what interpretation, courts may is expressed in the text of the resort to the explanatory note statute to clarify the ambiguity and ascertain the purpose or intent of the statute SPONSORSHIP SPEECH Debates, Views And Where there is doubt as to Not controlling in the Deliberations Concerning what a provision of a statute interpretation of the law as it The Bill means, that meaning which does not reflect the view of was put to the provision the assembly during the legislative deliberation or discussion on the bill may be adopted Amendment By Deletion Where legislative history When the deleted words or shows that a statute has phrases are surplusage. undergone several amendments, each amendment using different phraseology, the deliberate selection of language differing from that of the earlier act on the subject indicates that a change in meaning of the law is intended and courts should  construe that statute as to reflect such change in meaning. Prior Statutes From Which In ascertaining the intention The Statutes Is Based of the lawmaker, courts are permitted to look to prior laws on the same subject and to investigate the antecedents of the statute involved Adopted Statutes Where local statutes are When special reasons, local pattered after or copied from customs and practice require those of another country, the otherwise. decisions of the courts in such country construing those (adopted foreign) laws are entitled to great weight in the interpretation of the local statutes and will be generally followed if found reasonable and in harmony with justice, public policy and other local statutes. Contemporaneous In the interpretation of a Circumstances statute, the court may Includes: consider the - History Of The Times - Physical condition of And Conditions the country and Existing When The - Circumstances then Law Was Executed, obtaining which must - Previous State Of The of necessity affect its Law, operation in order to - Evils Sought To Be reach an Remedied Or understanding as to Corrected the intent of the - Customs And Usages legislature or as to the Of The People. meaning of the statute, The court should then place itself in the situation of the legislature and construe the statute so as to give effect to such intent or meaning. Executive Construction Where there is doubt as to Executive construction will Includes: the proper interpretation of not be followed if:  - Construction By An statute, the uniform Where the construction is Executive Or construction placed upon it by erroneous, Administrative Officer the executive or Where there is no ambiguity Directly Called To administrative officer charged in the law, Implement The Law. with its enforcement will be Where strong reason to the - Construction By The adopted, if necessary to contrary exists and Secretary Of Justice resolve the doubt Where the court has In His Capacity As previously given the statute a The Chief Legal different interpretation Adviser Of The Government. - Interpretation Handed Down In An Adversary Proceeding In The Tori Of A Ruling By An Executive Officer Exercising Quasi-Judicial Power. Legislative Construction Legislature may provide in an Legislature, in indicating its interpretative clause or construction of law cannot declaratory clause limit or restrict the power of a prescribing its construction of statute it enacts into granted a statute is enacted into law to the courts by the Constitution Judicial Construction The decision of the Supreme - Where the facts of the Doctrine Of Stare Decisis Court applying or interpreting precedent and the a statute is controlling with case to which it is respect to the interpretation applied are dissimilar. of that statute is of greater *Where the court weight than that of an resolved a question executive or administrative merely sub silencior, officer in the construction of - Merely an Obiter other statute of similar import. Dictum Construction By Bar And The meaning publicly given a Legal Commentators statute by long professional usage of members of the legal profession Presumption In the absence of compelling reasons to the contrary, doubts as to the proper and correct construction of a statute will be resolved in favor of that construction which is in accord with the presumptions on the matter.  PRESUMPTION RULE EXCEPTION Presumption of Right and The lawmaking body Justice/ Presumption intended right and justice to against Injustice prevail. Presumption against It is presumed that the Exceeding Limitations of legislature, in passing a law, Legislative power/ intended to keep within the Presumption of Acting prescribed limits of its within the Scope of authority and to enact a valid Authority law. Presumption against It is presumed that the Inconvenience and legislature intends the most Impossiblity reasonable and beneficial construction of its enactments and such as will avoid inconvenience and hardship. Presumption of valldity Every statute passed by the legislature is presumed to be valid. Presumption of Every act of the legislature is Constitutionality presumed constitutional until the contrary is shown. Presumption of Good Faith It is presumed that the legislature had good motives in having considered and adopted a particular law. Presumption against The mind of the legislature is Inconsistency presumed to be consistent. Presumption against It is presumed that the Absurdity legislature does not intend the absurdity that will flow from its enactments. Presumption against -It is presumed that the Ineffectiveness lawmaking body does not intend to adopt laws which are unnecessary and ineffective. -It is presumed that it intends to impart to its  enactments such a meaning as will render them operative and effective Presumption against When a law repeals a prior Unless The language of the Implied Repeal law, not expressly but by repealing statute provides implication only, its repeal otherwise revives the prior law Presumption of A statute will not be Jurisdiction construed as ousting or restricting the jurisdiction of superior courts or as vesting new jurisdiction in them unless there be express words or a necessary implication to that effect. Presumption against It is presumed that a statute Violation of International is in conformity with the rules Law and principles of international laws or with treaties GENERAL RULE NOT APPLICABLE Principle of Common Law Courts may properly resort to However, where there is a common law principles in conflict between a common construing doubtful provisions law principle and "statutory of a statute, particularly provision, the latter prevails. where such statute is modeled upon Anglo-American precedents. CONSTRUCTION & INTERPRETATION Objective of the Court To arrive at a reasonable and sensible interpretation that is in full accord with legislative intent. Rule in case of various construction A construction of a statute should be rejected that will cause: Injustice or hardship, - - Result in absurdity, - Defeat legislative intent or spirit, - Preclude accomplishment of legislative purpose - Render certain words or phrases a surplusage - Nullify the statute or -Make any of its provisions nugatory