STATCON MIDTERMS SRVE

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CHAPTER I: INTRODUCTION
1. Nature of Judicial Power o Administrative Orders (AOs) – rules for
• Defined in Art. VIII, Sec. 1, 1987 specific agencies.
Constitution: o Proclamations – fix dates, declare
o Duty of courts to settle actual status/conditions.
controversies involving rights. o Memorandum Orders/Circulars – internal
o Expanded power: courts may determine instructions.
grave abuse of discretion by any branch o General/Special Orders – commands to
or instrumentality of government. subordinates.
• This expansion ensures that no branch is above • Implementing Rules and Regulations
the law. (IRRs): issued by agencies; valid only if within
2. Meaning of Construction the bounds of the law and guided by sufficient
• Construction: the art of discovering and standards.
expounding the meaning and intent of the law • Ordinances: local laws; must not contravene
when its application is doubtful. the Constitution, statutes, or public policy.
• Also called Legal Hermeneutics. 2. Parts of a Statute
• Distinguished from interpretation: 1. Title
o Interpretation = discovering the true o Must express the subject of the law.
meaning of words. o Aids interpretation if ambiguity exists.
o Construction = drawing conclusions 2. Preamble
beyond direct expression, to give effect o States policy or reasons for enactment.
to intent. o Can clarify intent but cannot override
3. Characteristics clear text.
• Not an exact science: rules of construction 3. Enacting Clause
are flexible aids, not rigid formulas. o Declares the authority of the legislature
• Legislative intent is paramount: the intent to enact.
of the lawmaker is the law itself. 4. Body
• Necessary only when ambiguous: if the law o Contains substantive provisions:
is clear, apply it (verba legis). definitions, policies, penal clauses,
• Judicial function: only courts can administrative sections.
authoritatively construe laws; 5. Headnotes/Epigraphs
executive/administrative interpretations are o Marginal notes or catchwords; not
persuasive but not binding. controlling.
4. Purpose 6. Repealing Clause
• Always to ascertain and give effect to o Express repeal: specific mention of
legislative intent. repealed law.
• Courts may prioritize the spirit of the law over o Implied repeal: disfavored; only if
its literal wording if the latter leads to absurd or irreconcilable conflict exists.
unjust results. 7. Separability Clause
5. Theories of Interpretation o Ensures validity of remaining provisions
• Textualism: plain meaning of the words if part is struck down.
governs. o Even without it, separability is presumed
• Intentionalism: seeks the original intent of the unless provisions are inseparable.
legislature. 8. Effectivity Clause
• Purposivism: focuses on the broader purpose o Laws take effect after publication in the
or policy of the law. Official Gazette or a newspaper of
• Philippine jurisprudence uses a pragmatic mix: general circulation, unless otherwise
start with the text, but consider intent and provided.
purpose when necessary. o Publication is indispensable for validity.
6. Related Doctrines
• Separation of Powers: each branch is QUICK NOTES:
supreme in its sphere; courts interpret, not
legislate. • Construction exists to resolve doubt; if the
• Hierarchy of Laws: Constitution > Statutes > law is clear, apply it.
Administrative rules > Local ordinances.
• Legislative intent is the soul of the law;
• Stare Decisis: judicial precedents form part of
the legal system (Art. 8, Civil Code); stability of courts must discover and enforce it.
law requires adherence to prior rulings unless
• Judicial power includes review of grave
compelling reasons exist to abandon them.
abuse of discretion, ensuring checks and
Chapter II: Subject Matter of Construction balances.
1. What May Be Construed
• Constitution: supreme law; all acts contrary to • All legal instruments—Constitution,
it are void. statutes, presidential issuances, IRRs,
• Statutes: laws enacted by Congress; must ordinances—are subject to construction
undergo three readings, bicameral approval, when ambiguous.
presidential action, and publication.
• Presidential Issuances: • Statutes have distinct parts (title, preamble,
o Executive Orders (EOs) – rules of body, clauses) that guide interpretation.
general or permanent character.
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• Publication is a constitutional requirement 1. Salvacion v. Central Bank – Court allowed
for effectivity of laws. attachment of foreign currency deposit of a
foreign rapist (literal application would result in
grave injustice).
CHAPTER III: VERBA LEGIS AND RATIO LEGIS
2. People v. Purisima – P.D. 9 penalizes carrying
I. INTRODUCTION
of weapons only if intended to abet lawlessness
• Purpose of Statutory Construction – To
during Martial Law (preamble used to determine
determine the intention of the legislature.
intent).
• Legislative Intent – There is no single, clear
3. Matabuena v. Cervantes – Applied prohibition
definition.
on donations between spouses to common-law
o Not always the same as meaning
relationships by necessary implication (to
(statutory language may not reflect
prevent undue influence).
legislative purpose).
o Two perspectives:
IV. VERBA LEGIS + RATIO LEGIS:
▪ What lawmakers meant
COMPLEMENTARY PRINCIPLES
when enacting the law.
• Not mutually exclusive – Verba legis is
▪ How the public understands
starting point, ratio legis is resorted to only
the law.
when words are unclear or literal meaning leads
• Language is inherently ambiguous – words
to injustice.
may have multiple meanings.
• Hierarchy of Application:
1. Start with literal meaning.
II. VERBA LEGIS (Plain Meaning Rule)
2. If ambiguous or unjust → apply spirit
Definition:
of the law.
Literal application of the law. If the statute is clear,
V. LEGISLATIVE ERROR & ENROLLED BILL
plain, and unambiguous, courts must apply it as
DOCTRINE
written — no interpretation is needed.
Clerical Errors
Maxims
• Courts can correct clerical or typographical
• Verba legis non est recedendum – From the
errors if legislative intent is obvious.
words of a statute there should be no departure.
• Lopez & Sons v. CTA – Court substituted
• Index animi sermo est – Speech is the index
“Commissioner of Customs” for “Collector of
of intention.
Customs” because intent was clear from
• Absoluta sententia expositore non indiget
context.
– A clear provision needs no further
Enrolled Bill Doctrine
interpretation.
• Enrolled bill (signed by Senate President,
Key Doctrines
House Speaker, and secretaries) is conclusive
• Presumption: Legislature knows the meaning
proof of due enactment.
of words and uses them advisedly.
• Courts cannot look into congressional journals to
• Interpretation allowed only when:
question its content (Casco case).
o Literal application is impossible,
• Exception: If Senate President and Speaker
absurd, or unjust.
withdraw signatures (Astorga v. Villegas) →
o There is ambiguity.
bill not validly enacted.
Important Cases
1. Ramirez v. Garcia – Apply statute according to
CHAPTER IV: PRINCIPLES OF CONSTRUCTION
its terms unless absurd.
I. INTRODUCTION
2. Appari v. CA – When words are clear, courts
• Chapter builds on verba legis (plain meaning)
cannot speculate on probable intent.
and ratio legis (spirit of the law).
3. Re: Query on EO 611 – Literal application
• Introduces general and special principles
upheld even if harsh (“lex dura sed lex”).
used to determine legislative intent.
III. RATIO LEGIS (Spirit or Reason of the Law)
• Includes tools for textual and linguistic
Definition:
analysis, policy considerations, and
“Ratio legis et anima” – The reason of the law is its
constitutional alignment.
soul. Courts look beyond the words of the statute to its
spirit, purpose, and intent.
II. GENERAL PRINCIPLES OF CONSTRUCTION
Application:
1. Law Construed as a Whole
• Used when literal interpretation leads to
• Principle: A statute must be read as a whole
absurdity, injustice, or defeats the
— words, phrases, and clauses are interpreted
purpose of the law.
in context.
• What is within the spirit is within the statute;
• Maxim: Interpretare et concordare leges
what is within the letter but outside the spirit is
legibus est optimus interpretandi modus
not.
– Every statute must be harmonized with other
provisions/laws.
Important Cases
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• Key Cases: • Case: CIR v. CA (Ateneo case) – Ateneo not
o Caudal v. CA – “Residential unit” under liable for contractor’s tax absent clear
B.P. 877 interpreted liberally; need not imposition.
be used exclusively as a residence. • Rule on Tax Exemptions: Strictly construed
o Claudio v. COMELEC – “Recall” under against taxpayer, unless in favor of
LGC refers only to recall elections, not government agencies.
entire recall proceedings. • Key Doctrines:
o NAPOLCOM v. De Guzman – o Life-blood theory: Taxes are essential
Definition of “INP” found within R.A. for government existence.
6975 itself — no need to look outside o Expressio unius est exclusio
the law. alterius: Express mention excludes
2. Presumption of Justice (Art. 10, Civil Code) what is not mentioned.
• Rule: In case of doubt, presume law • Cases:
intended right and justice to prevail. o NPC v. Cabanatuan – LGC withdrew
• Case: Florendo v. Philex Mining Corp. – prior tax exemptions unless specifically
Heirs of workers may sue for higher damages exempted.
under Civil Code despite Workmen’s o Republic v. Parañaque – National
Compensation Act (constitutional policy on social government instrumentalities enjoy tax
justice applied). immunity unless law expressly provides
3. Construction Consistent with the Constitution otherwise.
• Presumption: Laws are presumed 3. Social Legislation
constitutional unless clearly shown otherwise. • Rule: Labor and social legislation must be
• Case: Tañada v. Tuvera – Publication is liberally construed in favor of labor.
required for laws to be effective; cannot • Cases:
dispense with requirement. o International Pharmaceuticals v.
• Case: Yu Cong Eng v. Trinidad – Chinese Sec. of Labor – Secretary may assume
Bookkeeping Law construed narrowly to avoid jurisdiction over disputes to protect
unconstitutionality. national interest; doubts resolved in
4. Construction to Render Statute Effective favor of labor.
• Maxim: Ut res magis valeat quam pereat – o Bautista v. Murillo – Workmen’s
Statute must be construed to give effect, not Compensation Act liberally interpreted
nullify it. to cover casual employee engaged in
• Cases: employer’s business.
o JMM Promotions v. NLRC – Appeal 4. Rules of Court
bond rule cannot be disregarded even if • Rule: Liberally construed to promote just,
recruiter already posted cash bond. speedy, and inexpensive disposition of cases.
o Luz & Aldeosa v. COMELEC – • Cases:
Misrepresentation in COC must relate to o Goldloop Properties v. CA –
qualification to be punishable. Relaxation of technical rules allowed if
strict compliance would result in
III. LEGISLATIVE POLICIES AND injustice.
PRESUMPTIONS o Reyes-Aquino v. CA – Litigation
1. Penal Laws should be decided on merits, not
• Maxim: Nullum crimen, nulla poena sine lege – dismissed on mere technicalities.
No crime without law.
• Doctrine: Penal laws are strictly construed
against the State, liberally in favor of the
accused.
• Key Cases:
o Centeno v. Villalon-Pornillos –
Religious solicitations not covered by
“charitable purposes” under P.D. 1564.
o U.S. v. Go Chico – Display of insurgent
symbols penalized even if not exact
duplicate; but construction must not
defeat law’s purpose.
2. Tax Laws
• Rule: Taxes must be clearly, expressly, and
unambiguously imposed.

PILARES- STATCON- 2023