Definition of Construction

Introduction to Statutory Construction

Construction
Statutory Construction
-​ Drawing of conclusions with respect to subjects that are
-​ defined as the art or process of discovering and expounding beyond the direct expression of the text from elements
the meaning and intention of the authors of the law with known and given in the text.
respect to its application to a given case, where that -​ It resorts to construction when the court goes beyond the
intention is rendered doubtful, among others, by reason of language of the statute and seeks the assistance of extrinsic
the fact that the given case is not explicitly provided in the aids in order to determine whether a given case falls within
law. the statute.
-​ Interpretation as art of process of discovering and -​ If the legislative intent is not clear after the completion of
expounding on the intended signification of the language interpretation, then the court will proceed to subject the
used, that is, the meaning which the authors of the law statute to construction
designed it to convey to others. -​ Goes beyond and call in the aid of extrinsic considerations
-​ Art of seeking the intention of the legislature in enacting a
-​ Drawing of conclusions, respecting subjects that lie beyond
statute and applying it to a given state of facts.
the direct expressions of the text, from elements known from
-​ Branch of the law dealing with the interpretation of laws
and given in the text
enacted by a legislature.
How to Construe the Constitution
Judicial
Two requisites must concur:
-​ A judicial function if required when a statute is invoked and
different interpretations are contention/
1.​ There must be an actual case or controversy, meaning a
case brought to the court by party litigants to hear and settle
Legislature
their disputes. If there is no case or controversy, there is no
way for the court to construe or interpret the law
-​ When legislature attempts to do several things one of which
is invalid, it may be discarded if the remainder of the act is 2.​ There is ambiguity in the law involved in the
workable and in no way depends upon the invalid portion, controversy. Meaning the law involved is susceptible of two
but if that portion is an integral part of the act, and its or more interpretations
excision changes the manifest intent of the act by -​ There is ambiguity when there is doubtfulness,
broadening its scope to include subject matter or territory doubleness of meaning, duplicity, indistinctness, or
which was not included therein as enacted, such excision is uncertainty of meaning of an expression used in a
“judicial legislation” and not “statutory construction” written instrument.
-​ Ambiguity exists if reasonable persons find different
meanings in a statute, document, etc.
 -​ Hence, only when the law is ambiguous or of b. First reading
doubtful meaning may the court interpret or construe
its true intent -​ The bill is read by its number and title

The duty of the court is to apply the law. When the law is clear and c. Referred to the proper committee
unequivocal, the Court has no other alternative but to apply the law
and not to interpret it (Verba Legis). The Court cannot shy away -​ After the first reading, the bills is referred by the House
from applying the law when no interpretation is needed no matter Speaker to the appropriate committee for study
how harsh the law may be. (Dura Lex Sed Lex) -​ Conduct public hearings.
-​ It must call all necessary parties, persons, organizations, or
Statutes sectors of societies involved to obtain their reactions and
feelings on the proposed bill
-​ a formal, written law or rule that is enacted by legislative -​ After the public hearing, the committee shall decide whether
branch of government or not to report the bill favorably or whether a substitute bill
-​ Statute starts with a bill. should be considered.
-​ A bill is the draft of the proposed law from the time -​ Note: Should there be an unfavorable report of the
of its introduction in a legislative body thru all the committee, then the proposed bill is dead.
various stages in both houses. The draft is the form
or a proposed law before it is enacted into law by a d. Favorable – return to National Assembly
vote of the legislative body.
-​ An act is the appropriate term for it after it has been -​ Upon favorable action by the appropriate committee, the bill
acted on and passed by the legislature. is returned to the National Assembly and shall be calendared
-​ It becomes a statute the written will of the for second reading
legislature solemnly expressed according to the form
necessary to constitute it as law of the state. e. Second reading
-​ Bill > Act > Statute
-​ The bill is read in its entirety
How a Bill Becomes a Law
f. Set for debates and amendments
Introduction → First Reading → Committee → Second Reading →
Printing/Distribution → Third Reading → President → -​ Immediately after the second reading, the bill is set for open
Publication/Effectivity debates where members of the assembly may propose
amendments and insertion of the proposed bill
a. Introduce the bill -​ After amendments, the bill will be voted on second reading.
Two-thirds of vote is needed on 2nd reading
-​ A bill is a proposed legislative measure introduced by -​ Voting may be:
members of Congress for enactment of law. -​ Viva voce (oral "aye" or "nay")
-​ It is signed by its author/s and filed with the Secretary of the -​ Division of the House (counting of members)
House -​ Roll call (each member’s vote is recorded)
-​ Secretary then reports the bill for First Reading
g. After the approval of the bill in its second reading 1987 Constitution, Article VI, Sections 26 and 27​
​
-​ After the approval of the bill in its second reading and at Section 26.
least 3 calendar days before its final passage, the bill is
printed in its final form and copies therefore distributed to 1.​ Every bill passed by the Congress shall embrace only one
each members of the member of the National Assembly subject which shall be expressed in the title thereof.
(unless emergency happens that requires immediate 2.​ No bill passed by either House shall become a law unless it
enactment of the bill to meet public calamity or emergency) has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
h. Third and final reading Members three days before its passage, except when the
President certifies to the necessity of its immediate
-​ The bill is then calendared of third and final reading enactment to meet a public calamity or emergency. Upon the
-​ No amendment shall be allowed. last reading of a bill, no amendment thereto shall be allowed,
-​ Only title of the bill is read and the vote thereon shall be taken immediately thereafter,
-​ The yeas or nays are entered. and the yeas and nays entered in the Journal.
-​ If yes vote wins then there is quorum it is sufficient to pass
the bill. (51% of the number of body or 51% + 1 depending Section 27.
on their internal rules)
-​ If no vote wins, the proposed bill is dead. 1.​ Every bill passed by the Congress shall, before it becomes a
law, be presented to the President. If he approves the same
i. President’s approval or veto power he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated,
-​ If he approves, he shall sign it which shall enter the objections at large in its Journal and
-​ When he does not sign nor communicate his veto of the bill proceed to reconsider it. If, after such reconsideration,
within 30 days from receipt thereof, the bill shall become a two-thirds of all the Members of such House shall agree to
law. pass the bill, it shall be sent, together with the objections, to
-​ When the vetoed bill is repassed by Congress by two-thirds the other House by which it shall likewise be reconsidered,
vote of all of its Members, each House voting separately and if approved by two-thirds of all the Members of that
(66.67%), then it becomes a bill. House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the
j. Publication and Effectivity names of the Members voting for or against shall be entered
in its Journal. The President shall communicate his veto of
any bill to the House where it originated within thirty days
-​ For a law to be effective, it must be:
after the date of receipt thereof, otherwise, it shall become a
-​ Published in the Official Gazette or a newspaper of
law as if he had signed it.
general circulation (Art. 2, Civil Code).
2.​ The President shall have the power to veto any particular
-​ Effective 15 days after publication, unless otherwise
item or items in an appropriation, revenue, or tariff bill, but
specified.
the veto shall not affect the item or items to which he does
not object.
Parts of Statute f. Saving Clause

a. Title -​ Restriction in a repealing act, which is intended to save

rights, pending proceedings, penalties, etc., from annihilation
-​ Heading on the preliminary part, furnishing the name by which would result from an unrestricted repeal
which the act is individually known
-​ Form of a brief summary of its contents g. Separability Clause

b. Preamble -​ Provides that in the event that one of more provisions are
declared void or unconstitutional, the remaining provisions
-​ Explaining the reasons for its enactment and the objects shall still be in force.
sought to be accomplished.
-​ Usually starts with the word “whereas” h. Effectivity Clause
-​ Declaration by the legislature of the reasons for the passage
of the statute -​ Announces the effective date of the law
-​ Helpful in the interpretation of any ambiguities w/in the
statute to which it is prefixed Kinds of Statutes

c. Enacting Clause 1. General Law

-​ Declares its enactment and serves to identify it as an act of -​ Affects the community at large
legislation. -​ Relates to a subject of a general nature, or that affects all
-​ “Be it enacted” people of statute or all of a particular class

d. Body 2. Special Law

-​ Main and operative part of statute containing its substantive -​ Designed for a particular purpose, or limited in range of
and even procedural provisions. confined to a prescribed field of action on operation
-​ Provisos and exceptions may also be found here, after the
enacting clause 3. Local Law

e. Repealing Clause -​ Relates or operates over particular locality instead of over

the whole territory of the state
-​ Announces the prior statutes or specific provisions which
have been abrogated by reason of the enactment of new law 4. Public Law

-​ Concerned with the organization of the state, the relations

between the state and the people who compose it, the
responsibilities of the public officers to the state, to each
 other, and to private persons, and the relations of state to -​ One which directs the doing of an act, or declares what shall
one another be done in contrast to a negative statute which is one that
-​ May be general, special, or local law prohibits a thing from being done, or declared what shall not
be done
5. Private Law
12. Mandatory Statutes
-​ Defines, regulates, enforces and administer relationships
among individuals, association and corporations. -​ Which require and not merely permit a course of action
-​ “shall” and not “may”
6. Remedial Statute
What is a repealing clause?
-​ Providing means or method whereby causes of action may
be effectuated, wrongs redressed and relief obtained -​ Announces the prior statutes or specific provisions which
have been abrogated by reason of the enactment of new law
7. Curative Statute -​ Article 7, Civil Code of the Philippines, "Laws are repealed
only by subsequent ones and their violation or
-​ Form of retrospective legislation which reaches back into the non-observance shall not be excused by disuse, or custom
past to operate upon past events, acts, or transactions in or practice to the contrary."
order to correct errors and irregularities and to render valid
and effective many attempted acts which would otherwise be Repeal of Statute May Be:
ineffective for the purpose intended
1.​ Express repeal is the abrogation or annulling of a previously
8. Penal Statute existing law by the enactment of a subsequent statute which
declares that the former law shall be revoked and abrogated
-​ Defines criminal offenses and specific corresponding fines -​ Lawmakers may expressly repeal a law by
and punishments incorporating therein a repealing provision which
expressly and specifically cites the particular law or
9. Prospective Law laws, and portions thereof, that are intended to be
repealed.
-​ Applicable only to cases which shall arise its enactment 2.​ Implied repeal happens when a later statute contains
provisions so contrary to or irreconcilable with those of the
10. Retrospective Law earlier law that only one of the two statutes can stand in
force
-​ Looks backward or contemplates the past -​ Before there can be repeal, there must be a clear
-​ One which is made to affect acts or facts occurring, or rights showing on the part of the lawmaker that the intent
occurring, before it came into force in enacting the new law was to abrogate the old one.
-​ The later act is to be construed as a continuation of,
11. Affirmative Statute and not substitute ford, the first act and will continue
so far as the two acts are the same from the time of
-​ Couched in affirmative or mandatory terms the first enactment
 -​ Two categoriesof repeal by implication: Test of Valid Ordinance
-​ Where the provision in the two acts on the
same subject matter are in an irreconcilable An ordinance must conform to the ff. substantive requirements:
conflict, the later act to the extent of conflict
constitutes an implied repeal of the earlier 1.​ It must not contravene the Constitution or any statute
one. -​ Municipal governments are only agents of the
-​ Takes place when two statutes national government
cover the same subject matter; they -​ Municipal government owe their origin to, and derive
are clearly inconsistent and their powers and rights wholly from the legislature
incompatible with each other that 2.​ It must not be unfair or oppressive
they cannot be reconciled or 3.​ It must not be partial or discriminatory
harmonized; and both cannot be 4.​ It must not prohibit but may regulate trade
given effect, that is that one law 5.​ I must be general and consistent with public policy
cannot be enforced without nullifying 6.​ It must not be unreasonable
the other.
-​ If the later act covers the whole subject of Foreign Law
the earlier one and is clearly intended as a
substitute, it will operated to repeal the -​ The view set forth in American decisions and authorities are
earlier law not per se controlling in the Philippines, the laws of which
-​ Enactment of a statute revising or must necessarily be construed in accordance with the
codifying the former laws on the intention of its own lawmakers and such intent may be
whole subject matter. Only possible deduced from the language of each law and the context of
if the revised statute or code was other local legislation related thereof.
intended to cover the whole subject -​ When a foreign law was not properly pleaded or proved, the
to be a complete and perfect system presumption of identity or similarity, otherwise known as the
in itself procedural presumption, comes into play.
-​ It must be the clear intent of the -​ Where foreign law is not pleaded or, even if plead, is not
legislature that the latr act be the proved, the presumption is that foreign law is the same as
substitute of the prior act ours
-​ Foreign law should not be applied when its application would
Ordinance work undeniable injustice to the citizens or residents o the
forum
-​ Act passed by the local legislative body in the exercise of its
law-making authority Basic Guidelines in the Construction and Interpretation of Laws
-​ Under Local Government Code of 1991, the legislative
bodies of the local government are Legislative Intent
-​ Sangguniang Barangay
-​ Sangguniang Bayan (Municipality) -​ The object of all interpretation and construction of statutes is
-​ Sangguniang Panlungsod (City) to ascertain the meaning and intention of the legislature, to
-​ Sangguniang Panlalawigan (Province) the end tha the same may be enforced.
 -​ The meaning and intention must be sought first of all in the
language of the statute itself
-​ It must be presumed that the means employed by the
legislature to express its will are adequate to the purposes
and do express that will correctly.
-​ True intent of the legislature, the particular clauses and
phrases of the statute should not be taken as detached and
isolated expressions, but the whole and every part thereof
must be considered in fixing the meaning of any of its parts.

Verba Legis​