I.

INTRODUCTION in any milling district in the Philippines xxx shall be divided

between them”
Statutory Construction, defined. - Section 9 provides:
- Art * “the proceeds of any increase in participation granted
- Legislative intent the planters under this Act and above their present share shall
- in enacting a statute be divided between the planter and his laborer of the
- and applying it to a certain set of facts plantation”

- the art or process of discovering and expounding the - Issues:

meaning and intention of the authors of the law, where that * What is the meaning of “in the absence of written milling
intention is rendered doubtful by reason of the ambiguity in agreements”?
is language or the fact that given case is not explicitly * Does RA809 apply even if there is a written milling
provided for in the law. agreement different from the sharing proportion provided by
it?
Scope of construction. * Does the phrase “ any increase in participation granted
- Intention is doubtful under this Act” exclude written agreement?
- Ambiguity in language
- Ambiguity is thus a condition precedent to statutory - Held:
construction * RA 809 applies with or without written milling
agreements between the planter and the miller, even if its
Remedy for courts in case of ambiguity. literal interpretation says otherwise.
- Construe statute
- give it meaning Legislative intent in enacting RA 809.
- in accord with legislative intent - In the 1950s, planters staged a strike and threatened not to
- we construe only when there is ambiguity. plant sugar cane unless they were given bigger share in the
sugar industry and sugar quota commitment.
Purpose of construction. - To remedy the problem, Congress enacted RA 809 to force
- ascertain planters to plant, centrals to mill and even allowing the
- give it meaning government to take over planting and milling.
- in accord with legislative intent - The evil sought to be avoided by Congress is the
-in the interpretation of all laws, it is to ascertain, give effect exploitation of laborers or “sacada” in terms of wages and
to, the intent of the law benefits.
-determine legislative intent, what intention is conveyed,
either expressly or impliedly, by the language used Legislative purpose in enacting RA 809.
- To compel continuous sugar production and grant laborer’s
Construction, distinguished from interpretation. share in the increased planters’ participation in the sugar
- Interpretation - meaning of words; finding the true meaning produce.
and sense of any form of words.
- Construction- reads between the lines; drawing warranted Legislative meaning in enacting RA 809.
conclusions not always included in direct expressions, or - Although not clearly disclosed in the language of the Act, it
determining the application of words to facts in litigation. however indicates that the laborers should receive their share
for as long as sugar is produced and planters receive
Legislative intent, defined. increased participation.
- History of enactment - Thus, to literally interpret these phrases is to defeat
- evil sought to be prevented or cured legislative intent and purpose, which is to grant laborers fair
- essence of the law share in sugar produce.
- no need to collect the subjective wishes of each member
- but the objective footprints left in the trail of legislative Legal hermeneutics, defined.
enactment - Branch of science establishes principles and rules of
statutory construction
-where a statute is susceptible of more than one construction, - Exergesis- application
that construction should be adopted which will most tend to
give effect to the manifest intent of the legislature. Different kinds of interpretation.
* Close - literal
Legislative purpose, defined. * Extensive - liberal
- Reason why the law was passed * Extravagant - departs from true meaning
* Free or unrestricted - based on general principles of
Intent, distinguished from purpose interpretation in good faith
- Combined application of purpose and meaning is * Limited or restricted - influenced by other principles
legislative intent * Predestined - biased
- Example: a statute prohibits operation of a motor vehicle in
a public highway while the driver is intoxicated Who construe law.
- Does motor vehicle include motorcycle? - Judiciary
- Does intoxication include influence of narcotics?
Limitations on power to construe.
Legislative meaning, defined. - Judicial legislation - when a court, under the guise of
- What the law means, by its language interpretation, modifies, amends, remodels or rewrites a
- It comprehends, covers or embrace, limits or confines. statute

Illustrative case: Federation of Free Farmers vs CA, G.R. - Illustrative case: Canet v Decena, G.R. No. 155344,
No. 41161, September 10, 1981 January 20, 2004.
- Sec.1 or RA 809, Sugar Act of 1952 provides:
* “In the absence of written milling agreements - Facts:
between the majority of planters and the millers of sugarcane * A businessman applied for permit to operate and maintain
a cockpit. But the mayor refused because there is no Examples:
ordinance empowering her to do so. - Art. 10, Civil Code:
In case of doubt in the interpretation or application of laws,
Contention of the businessman: it is presumed that the lawmaking body intended right and
- He invokes a resolution authorizing him to operate a justice to prevail.
cockpit and a municipal tax ordinance providing for issuance
of a mayor’s permit to operate business. - Section 4, Labor Code:
All doubts in the implementation and interpretation of the
Contention of the mayor: provisions of this Code, including its implementing rules and
- The mayor refused. Under the Local Government Code of regulations, shall be resolved in favor of labor.
1991, the authority to give licenses for the establishment,
maintenance and operation of cockpits pertains to the
Sanggunian. II. SUBJECTS TO CONSTRUCTION

- Issue:  Subjects of Construction

* Can the municipal mayor be compelled to issue business o Statutes
permit in the absence of ordinance empowering her to do so?
o Constitution
- Held: o Ordinances
* No. While there is a resolution allowing her to operate a o Resolutions
cockpit, there is no ordinance giving her similar authority. o Executive Orders
* The municipal tax ordinance contains general provisions o Department Circulars
for issuance of business permits but it is short on specifics
prescribing reasonable fees for cockpit operation.  Constitution, defined.
* The ordinance providing these specifics was withdrawn o Fundamental law of the land
by the Sanggunian. o Body of rules and maxims
* Otherwise, to compel the mayor to issue permit not only o Where powers of sovereignty are
violates Section 447 of the Local Government Code but also
habitually exercised
enroaches on the mayor’s administrative prerogatives.
* Since cockpit operation was not enumerated in the  Philippine Constitution, defined.
ordinance, it is excluded. o Written instrument
* The legislature would not have enumerated those covered o Fundamental powers of the government
if it did not intend to limit. are established, limited and defined.
* Express mention of one thing, person, act or consequence
o By which these powers are distributed
excludes the others. Expressio unius est exlusio alterius.
among several departments
What is expressed puts an ends to what is implied. o For their save and useful exercise
- Expressium facit cessare tacitum. o For the benefit of the body politic
- An omission at the time of enactment, whether careless or  Nature of Constitution
calculated, cannot be judicially supplied even if wisdom
o Recognized and declared inherent rights
recommends it.
- If there is a legislative gap caused by omission, the and prerogatives of a free people
judiciary cannot fill the gap. Otherwise, it results in judicial o Sets up framework of government
legislation. machinery
 Constitution, distinguished from statute
Question of legislative wisdom. o Constitution – general principles and
- Courts cannot pass upon questions of wisdom, justice or
expediency of legislation. foundation of government
- For as long as laws do not violate constitution, the courts o Statute – more detailed
are limited to interpret and apply them, whether or not they o Constitution – relatively permanent in
are wise or salutary. character
o Statute – tentative
When does a court construe a law.
- Existence of case before it  Common parts of the Constitution.
- Actual case or controversy o Constitution of Liberty – bill of rights
- Ambiguity o Constitution of government – framework
of government
Executive construction of statutes o Constitution of sovereignty – procedure for
- Persuasive but not binding upon the courts.
amending the constitution
Construction of a partly void statute.  Kinds of Constitution
- Valid portion may stand and be enforced if: o Written – embodied in a single formal
Separable. document
Independent. o Unwritten – not reduced in writing and
Sufficient to make a complete, intelligible and
valid statute which carries out the legislative intent. not formally embodied in a single
document
Effects of rules of construction upon the courts. o Cumulative – product of evolution and
- Not mandatory growth of customs, common law, judicial
- Unless expressly provided by statutes. decisions and the like
- But judicial decisions interpreting laws form part of our o Conventional – product of constitutional
legal system.
convention or royal proclamation
Unless expressly provided by statutes.
 o Flexible – amended anytime through o Bills authorizing increase of public debt
ordinary legislative proceedings o Bill of local application and private bills.
o Rigid – amended only through  Illustrative case: Tolentino v Secretary of
proceedings different from ordinary Finance, 235 SCRA 630 (1994)
legislation  Facts:
o Philippine Constitution – Written, o Several bill were introduced in the House
Conventional, Rigid of Representatives to expand the tax base
 Statute, defined. of the Value Added Tax (VAT) system and
o Written will of the legislature enhance its administration by amending
o Public will and people’s mandate the National Internal Revenue Code
expressed through their representatives (NIRC)
o These were referred to the House and
An act of legislature as an organized body, Ways Committee which consolidated a bill
expressed in the form, and passed according to the and recommended its approval.
procedure, required to constitute it as part of the
law of the land. o After approval, it went to the Senate and
referred to its Committee on Ways and…
 Is the power to legislate exclusive to Congress? o The Senate approved after its Committee
No. recommended it.
o Presidential Decrees o The House bill and the Senate version
o Executive Orders were then referred to the Conference
 Statute, distinguished from statute law. Committee which recommended that the
o Statute law is broader, as it includes not House bill, in consolidation with the
only the statute, but also judicial Senate bill, be approved in accordance
interpretation and application of such with the attached copy of the bill as
statutes. reconciled and approved by the conferees
o Used interchangeably. o The Conference Committee bill was then
 Statutes, classified. approved by the House and the Senate
o Public – affects public at large  Contention of Tolentino & other petitioners:
o Private – applies only to specific person o Congress violated the Constitution
although the E-VAT law originated from
 Public statute, classified.
the lower house, it was not passed by the
o General law – applies to whole state upon
Senate.
all the people or all of the class
o Instead, it was simply consolidated with
o Special law – relates to particular persons
the Senate version in the Conference
or things of a class, community, individual
Committee in violation of Article VI,
or thing
Section 24:
o Local law – applies to specific locality.
o All appropriation, revenue or tariff bills,
 Legislative power, defined.
bills of local application, and private bills
o Power to make, alter and repeal laws.
shall originate exclusively in the House of
 Scope of legislative power. Representatives, but the Senate may
o Embraces all subjects propose or concur with amendments.
o Extends to matters of general concern or o Thus, petitioners argue that it did not
common interest. originate exclusively in the lower house
o Unless limited by the Constitution because it merely consolidated 2 distinct
 Constitutional basis for legislative power of bills from the lower and upper houses.
Congress o This violates the clear mandate of
o Sec. 1, Art. VI, 1987 Constitution. The “originate” which was even qualified by
legislative power shall be vested in the the word “exclusively”.
Congress of the Philippines which shall  Held:
consist of a Senate and a House of o It is not the law, but the revenue bill,
Representatives, except to the extent which is required by the Constitution to
reserved to the people by the provision on originate exclusively in the House of
initiative and referendum. Representatives.
 Bill, defined. o To insist that the revenue statute must be
o Proposed legislative measure substantially the same as the house bill
o Introduced by member/s of Congress would be to deny the Senate’s power not
o For enactment into law only to “concur with amendments” but also
o Signed by the author’s to “propose amendments”
o Filed with the House Secretary o For indeed, what the Constitution simply
 Origin of Bill means is that the initiative for filing
o It may originate from either House. revenue bill must come from the House of
o Except: Representatives
o Appropriation, revenue or tariff bills
 o This is based on the theory that since they calamity or emergency. Upon the last
are elected by their districts, they are reading of a bill, no amendment thereto
expected to be more sensitive to the locals. shall be allowed, and the vote thereon shall
o On the other hand, senators, who are be taken immediately thereafter, and the
elected at large, are expected to approach yeas and nays entered in the Journal.
similar problem from a national o It has passed 3 readings on separate days.
perspective. o Printed copies in final form distributed to
o Both views influence legislation its members 3 days before its passage.
o The Constitution does not prohibit the o Except: when the President certifies it as
filing in the Senate of a substitute bill in urgent to meet public calamity or
anticipation of its receipt of the bill from emergency.
the lower house. o But the factual basis of the presidential
o For as long as the Senate did not act on its certification of bills may not be subject to
substitute bill prior to the receipt of the bill judicial review.
from the lower house. o It merely dispenses with procedural
o Thus, while it is true that a revenue bill requirements designed to insure that bills
must originate exclusively in the House are duly considered by member.
of Representatives, the Senate can o If there are irregularities, for example in so
propose amendments that re-writes the far as the international procedure of
entire bill or substitute it with an Congress concerned, it does not affect the
entirely separate and distinct bill. constitutionality of a bill. And the Supreme
 How a bill becomes a law. Court has nothing to do with it. It is
 Filing – with the House Secretary beyond the business of Supreme Court if
 Secretary reports the bill for First Reading. whether or not internal procedure was
 First reading – the reading of the number and title followed. What the Supreme Court is
of the bill concerned is whether or not that particular
 Composition of the Committee: bill or particular law offends the
o Experts in the subjects under their Constitution.
jurisdiction  Illustrative case: Tolentino vs Secretary of
 What happens in the Committee stage. Finance, 235 SCRA 630 (1994)
o It may hold public hearings on the o Facts:
proposed measure. o The Senate approved its version of the E-
o Bill comes under the sharpest scrutiny. VAT bill during the second and third
o Committee may approve or reject the bill, reading on the same day, after the
President certified it at urgent.
with or without amendments, re-write the
o Contention of petitioners:
bill entirely, report it favorably or without
recommendation o The certification of the bill is invalid
o Committee reports and recommend for because there was no emergency.
calendar for second reading. o The justification of “growing budget
 Second reading. deficit” is not an unusual condition in this
o The bill is read in full with the country.
o You cannot go against presidential
amendments proposed by the Committee,
if any. prerogative. You cannot modify the
o Unless copies were distributed before and decision of the president.
o Held:
such reading is dispensed with.
o The bill will be subjected to debates, o The presidential certification dispenses not
motions and amendments. only printing and distribution of the copy
o After the amendments have been acted of the bill but also the reading on separate
days.
upon, the bill will be voted for second
o T he phrase “except when the President
reading.
certifies to the necessity of its immediate
 Third reading
enactment xxx” qualifies the 2 stated
o Final vote for yeas and nays shall be taken
conditions before a bill becomes a law.
and entered in the Journal.
o The “unless” clause must be read in
 Constitutional requirements for the bill to pass.
relation to the “except” clause because
Article VI, Section 26(2):
they are coordinate clauses of the same
o No bill passed by either House shall
sentence.
become a law unless it has passed three
o To construe “except” clause as simply
readings on separate days, and printed
dispensing the printing and distribution not
copies thereof in its final form have been
only offends grammar but also negates the
distributed to its Members three days
very premise of the “except” clause.
before its passage, except when the
o The factual basis of presidential
President certifies to the necessity of it
certification of bills is not subject to
immediate enactment to meet a public
judicial review pursuant to the principle
 of separation of powers as it merely o Amendment in the nature of a substitute
involves doing away with procedural by the Conference Committee resulting
requirements. in a third version is allowed provided it
o A law may not be declared is germane to the subject of both
unconstitutional when what is violated in versions.
its passage are mere internal rules of  Doctrine of enrolled bill
procedure. o When both houses approve the Conference
o Unlike the sufficiency of the factual basis Committee Report adopting third version f
of the suspension of the privilege of the the bill, it is the latter that is the final and
writ of habeas corpus which threaten conclusive version submitted to the
individual rights hence subject to judicial president for approval.
review. o The requirement of 3 readings on separate
 What happens if a bill is approved on third days and distribution of copies 3 days prior
reading by one House? does not apply to Conference Committee
o Transmitted to the other House for Reports.
concurrence, following substantially the o An enrolled copy of the bill is conclusive
same route. not only of its provisions but also of its
o If the other House approves the bill due enactment.
without amendment, it is passed by o Once the Senate President and Speaker 3
Congress and transmitted to the President  Is the Doctrine of enrolled bill absolute?
for approval. o No. In one case, the Senate President
o If the other house amends and the House of admitted to a mistake and withdrew his
origin disagrees, the differences wil be signature.
settled by the Conference Committees of o Thus, the Supreme Court went behind the
both Houses. enrolled bill and consulted the Journal to
o The reports of both Committees are determine whether certain provisions of
approved by both Houses. the statute had been approved by the
 Conference Committee. Senate.
o It is the mechanism to harmonize o There was no longer any enrolled bill to
differences between both Houses in the consider when the signature was
passage of the bill into law. withdrawn.
o But it can deal generally with the subject  Authentication of bills.
matter. o Signing by the Speaker and Senate
o It may produce results beyond its mandate. President
o The rules do not limit it to consider o Printed copy of the approved bill
conflicting provisions only. o Certified by respective House Secretaries
o It is empowered to include an entirely new  President’s approval or veto
provision not found in either bills. o When a bill is presented to the President
o Thus, political scientists call the for action, he may:
Conference Committee a third body of the  Sign it, if he approves.
legislature.  Veto it, and return with objections
 Illustrative Case: Tolentino vs. Secretary of to the House of origin
Finance, 235 SCRA 630 (1994) o The objections are entered in its Journal
o Facts: and proceed to consider it.
o The Conference Committee consolidated o President communicates veto within 30
the House and Senate versions closed (calendar days) after receipt, otherwise it
doors which resulted in an entirely becomes a law as if he signed it.
different version. o Override of presidential veto:
o Contention of Petitioners:  2/3 of all members of each House.
o The House Committee Report included  3 ways by which a Bill becomes a law:
provisions not found in either version and o President signs it.
these were secretly inserted into it closed o He does not sign nor communicate his veto
doors. within 30 days from receipt
 Held: o Congress overrides veto.
o There is nothing wrong about closed door  Parts of statute.
executive sessions.  (1) Title.
o Often, when only the conferees are present, o General statement of the subject of the bill
it is the only way to harmonize conflicting  One title-one subject rule
provisions. o A bill embraces only one subject matter
o The incomplete sentences in the transcripts
o To prevent logrolling
may be attributed to the stenographer’s
o Surprise or fraud
own limitations or incoherence of
 Logrolling.
statements.
 o Combination of multiple propositions in o The Philippine Airlines (PAL) is exempt
one proposal. from value added tax per Section 103 of
o Entire proposition is nullified, not only the the NIRC.
subject matter. o P.D. 1590 exempts PAL under its franchise
 Illustrative case: Lambino vs. COMELEC, G.R. from payment of all other taxes now or in
No. 174153, October 25, 2006. the near future.
 Facts: o Since E-VAT amends Section 103. PAL is
o In 2006, the group led by Raul Lambino no longer VAT-exempt.
and Enrico Aumentado gathered signatures o Contention of PAL:
nationwide as people’s initiative to amend o The E-VAT law violates Article VI,
the Constitution by shifting from Section 26(1) of the Constitution since
Bicameral- Presidential to Unicameral- neither the House nor Senate bill exempted
Parliamentary form of government. Pal transactions from payment of VAT.
o It asked the people this proposition: o This was made only in the Conference
o DO YOU APPROVE THE Committee which became the E-VAT law
AMENDMENT OF ARTICLES VI AND without reflecting this fact in the title.
VII OF THE 1987 CONSTITUTION, o Thus, there was no way for PAL to know
CHANGING THE FORM OF whether its tax exemption is affected or
GOVERNMENT FROM THE PRESENT not.
BICAMERAL- PRESIDENTIAL TO A o Issue:
UNICAMERAL- PARLIAMENTARY o Whether the amendment of Section 103 of
SYSTEM, AND PROVIDING ARTICLE the National Internal Revenue Code is
XVIII AS TRANSITORY PROVISIONS fairly embraced in the title of the E-VAT
FOR THE ORDERLY SHIFT FROM law?
ONE SYSTEM TO THE OTHER? o AN ACT RESTRUCTURING THE
 Held: VALUE- ADDED TAX (VAT) SYSTEM,
o For sure, the great majority of the 6.3 WIDENING ITS TAX BASE AND
million Filipinos who signed the signature ENHANCING ITS ADMINISTRATION,
sheets did not see the full text of the AND FOR THESE PURPOSES
proposition. AMENDING AND REPEALING THE
o They could have known the nature and RELEVANT PROVISIONS OF THE
effect of the proposed changes: NATIONAL INTERNAL REVENUE
 The term limits will be lifted and CODE, AS AMENDED, AND FOR
thus members of Parliament can OTHER PURPOSES.
be re-elected indefinitely. o Held:
 The interim Parliament can o To insist that the tax exemption be
continue to function indefinitely specified in the title is to require the title of
until its members, who are almost the bill to be a complete index of its
all the present members of content.
Congress, decide to call for new o Every bill is required to embrace only one
parliamentary elections. subject expressed in its title to prevent
 Within 45 days from ratification surprise expressed in its title to prevent
of the proposed changes, the surprise upon members of the Congress
interim Parliament shall convene and inform the people about it.
to propose further amendments or o If PAL did not know that its exemption
revisions to the Constitution. was withdrawn, it is not due to the defect
o The subject matter of this proposed in the title, but because just like other
transitory provision is totally unrelated to statutes, they pass unnoticed even if
the shift from presidential-bicameral to published.
unicameral-parliamentary system. o The title is sufficient if it expresses the
o This is logrolling. It places the people in a general subject of the statute and all its
dilemma since they can answer only either provisions are germane to the general
yes or no to the entire proposition, which subject thus expressed.
contains 2 subjects, one of which they may  Effect if title is insufficient.
find unacceptable. o Bill is void
 Article VI, Section 26(1) o Insofar as the subject matter not expressed
o Every bill passed by Congress shall in the title is concerned
embrace only on subject which shall be o But if void and valid are inseparable, the
expressed in the title thereof. nullity of one vitiates the other.
 Illustrative case: Tolentino vs Secretary of  (2) Preamble.
Finance, 235 SCRA 630 (1994). o Part which follows the title and precedes
o Facts:
the enacting clause
o Reasons and purpose of enactment
 o Neither creates nor grants rights o Publication in the Official Gazette is not a
o Not a source of government power condition precedent for laws to be effective
o “Not a source of right but a source of where the law provides for its effectivity
light” date.
 Enacting clause o This is pursuant to Article 2 of the Civil
o Precedes body of statute Code which says all laws shall take effect
o Identifies the bill as an act of legislation after 15 days following completion of
o Absence does not nullify law unless publication in the Official Gazette, unless
required by the Constitution it is otherwise provided.
o Not required by Constitution but used as a o Held:
matter of legislative practice or custom o In a long line of cases, this Court has ruled
 (3) Body that publication in the Official Gazette is
o Main part of the bill necessary where the law does not provide
for its effectivity date, and no longer
o Rights or remedies
necessary where the law does provide for
 (4) Policy section
its effectivity date, and no longer necessary
o Declaration of state policy
where the law does provide.
 (5) Definition section o Because by then the date of publication is
o Defines terms
material to determine the date of
 (6) Administrative section effectivity.
o Enforcement body o But this argument is logical only insofar as
 (7) Standards of conduct it equates the effectivity of the laws with
o Do and void the fact of publication.
 (8) Sanctions o But considered the light of other related
o Penalties o Statutes, Article 2 does not preclude
 (9) Transitory provisions publication even if the law itself provides
o Temporary provisions for transition for date of effectivity.
 (10) Separability clause o The purpose of publication is to give the
o If part of the law is declared invalid, the general public adequate notice of laws
rest remains valid. regulating their actions and conduct as
o Does not bind the courts citizens hence it cannot be dispensed
o The whole statute may be nullified with as a requirement for its validity
o If what is left is not complete or workable. and enforceability otherwise it violates
 (11) Repealing clause due process.
o Repeal is not legislative finding that the  Effectivity of presidential issuances, rules and
earlier law is unconstitutional. regulations.
 Date of effectivity.  Publication is requires before they take effect
o Time when law takes effect  Except:
o Usually after 15 days following  Interpretative or internal in nature not concerning
the general public.
completion of publication in the Official
Gazette or in a newspaper of general  Presidential issuances, basis.
circulation.  Ordinance power of the president
 Article 2, Civil Code.  Effectivity of Implementing Rules and
 Laws take effect after 15 days following completion Regulations (IRR).
of publication in the Official Gazette, unless o Penal or non-penal
otherwise provided. o Publication
 Sec. 18, Chap. 5, Book I, Administrative Code. o Filing with the UP Law Center
 Laws take effect after 15 days following completion o Except: when the law dispenses with
of publication in the Official Gazette or in a filing
newspaper of general circulation, unless it is o but it cannot dispense with publication.
otherwise provided.  Nature of administrative rules and regulations.
 Completion of publication. o They have the force and effect of a law
o Refers to the date of release o Partake the nature of a statute
o Not the date of issue, unless simultaneous  Rule- making power of a public administrative
o Publication is a condition precedent for agency.
effectivity o Delegated legislative power
 Tanada vs Tuvera  Test of validity of delegation or rule-making
o Contention of petitioners: power.
o They should be published before they  The law must be: Complete in itself
become valid and enforceable pursuant to  Fix a standard, the limits are sufficiently
the constitutional right of the people to be determinate or determinable
informed on matters of public concern.  In case of discrepancy between statute and IRR, the
o Contention of respondents: statute prevails
 Types of administrative rules and regulations o Raised at the earliest opportunity
o Enforces the law- IRR (otherwise, law will be enforced already,
o Interprets the rule – LOI and might pose problems)
 Test of validity of administrative rules and o Issues of constitutionality must be the very
regulations. LIS MOTA of the case
o Germane to the object of the law  Lis mota
o Conforms to standards prescribed by law o Courts will deal with constitutionality only
o Sole purpose of carrying into effect if:
general provisions of the law  It is unavoidable (as much as
 Effectivity of local ordinances. possible, the SC is trying to avoid
o 10 days from date of posting confronting the constitutionality)
o In bulletin board and 2 other conspicuous  Very crux of the controversy (the
thing is... what you’re saying is...
places
the crux of the matter is...)
o If ordinance is penal, published in a
 Illustrative case: Francisco Jr. Vs HR, G.R. No.
newspaper of general circulation
160261, November 10, 2003.
o Highly urbanized and independent
 Facts
component cities - posted and published.
o In June 2003, Joseph Estrada filed an
 Manner of computing time.
impeachment complaint against CJ Davide
o Exclude the first day
and 7 other associate justices for culpable
o Include the last day
violation of the Constitution, betrayal of
o Year- 365 days
public trust and other high crimes.
o Month- 30 days o It was endorsed by 3 legislators and
o Day- 24 hours referred to the House Committee on Justice
o Night- Sunset to sunrise which ruled that it was sufficient in form
o Week - 7 consecutive days but dismissed it for not being sufficient in
o Civil Code adopts the 365- day year and substance.
the 30-day month, not the calendar year, o But the Committee Repost was not sent to
nor solar or civil month. the House in plenary.
o What if it is the leap year? Still 365 days. o In October 2004, a second impeachment
 Illustrative case: Garvida vs. Sales complaint was filed against CJ Davide.
o Facts: Proclamation of a duly elected SK  Contention of petitioners:
Chair was suspended by the Comelec o The second impeachment complaint was
because she is overaged. The law says unconstitutional because it violates Section
candidates should “not be more than 21 5, Article XI of the Constitution which
years old on the day of election. prohibits filing of impeachment complaint
o The SK Chair however argued she is still against the same official twice within a
qualified because by then she is only 21 period of one year.
years, 10 months and 25 days old, not 22  Contention of respondents:
years old. o The Supreme Court is without jurisdiction
o Held: The LGC speaks of years, not to hear, much less prohibit or enjoin the
months or days and a year consists of 365 lower house to perform its constitutionally
days. In computing years, first year is mandated duty to initiate impeachment
reached after completing first 365 days. proceedings, it being a co-equal and
So, 21 is 21 cycles of 365 days. independent branch of the government.
 Validity of statute. o The Senate has the sole power, authority
o Presumption of constitutionality and jurisdiction to try and decide he
o In deference to the wisdom, integrity and impeachment cases.
patriotism of the legislature. o The petitions are premature, no justiciable
o All reasonable doubts are ruled in favour issue has been presented before it since its
of constitutionality constitutional duty to constitute itself as
o To doubt is to sustain impeachment court commences only upon
 Authority to declare law unconstitutional. receipt of the Articles of impeachment,
o Article VIII, Section 4(2), 1987 which it had not.
Constitution Supreme Court en banc  Issue:
o Concurrence of majority of the Members o Whether the essential requisites for the
who actually took part in the deliberations exercise of judicial review have been
(VOTED) fulfilled?
 Essential requisites for judicial review.  In answering this issue, the Supreme Court
o Actual case or controversy (there must be a addressed the following requisites for the exercise
set of facts to test the law) of judicial review:
o Legal standing o Locus standi – What authority do you have
to file against the SC? Are you going to be
directly affected with the law? What
 business do you have in petitioning to the o There is no urgent need for the Court to act
SC to declare a law unconstitutional? right away. Anyway, it is the final arbiter
o Ripeness – there must be already be an of the questions on constitutionality
actual case of controversy o All remedies in the House and Senate
o Political question/justiciability – Is that a should first be exhausted.
political question? Does that pertain to the  Position of Dean Pangalangan:
wisdom and discretion of the President? If o The Supreme Court should take judicial
it does, the Court cannot deal with that notice of on-going attempts to encourage
because this is a political question. signatories to withdraw their endorsements
o Judicial restraint (pinipigilan ang sarili) o House Impeachment Rules afford its
 Locus standi, defined. members opportunity to raise
o Personal or substantial interest in the case constitutionality issues when the Articles
such that the party has sustained or will of Impeachment are presented to the
sustain direct injury. Senate.
 Contention of Soriano: o Even if the Articles of Impeachment are
o Only the Chief Justice has sustained or will transmitted to the Senate, the Chief Justice
sustain direct personal injury. may still move to dismiss on ground of
 Contention of petitioners: constitutional infirmity
o They sue in their respective capacities as  Held:
taxpayers, citizens, voters, legislator, o The withdrawal of signature neither cures
association. the House of Impeachment Rules of its
o As such, they stand to suffer injury. constitutional defect nor obliterates the
question second impeachment complaint.
 What to show if you petition as a citizen? o It is useless to seek remedies from either
o The law or government act is invalid that lower or upper house because it has no
o Sustains or is in imminent danger to jurisdiction to rule o the issue of
sustain direct injury as a result of its constitutionality.
enforcement  Political question, defined.
o Interest must be direct and personal o Refers to those question which, under the
o If it is an assertion of a public right, the Constitution, are to be decided by the
mere fact that he or she is a citizen satisfies people in their sovereign capacity, or in
the requirement. regard to which full discretionary authority
 What to show if you petition as a taxpayer: has been delegated to the Legislature or
o Sufficient interest in preventing illegal executive branch of the government.
o It is a question of policy, concerned with
expenditure of public funds
o Sustains direct injury as a result of the wisdom and not legality.
o Except: grave abuse of discretion
enforcement of the individual law
o Public funds are either illegally disbursed, amounting to lack or excess of jurisdiction.
deflected to any improper purpose, wasted  Determination of impeachable offense.
through enforcement of an invalid or o Purely political question left to the sound
constitutional law. discretion of the legislature.
 What to show if you petition as legislator:  Lis mota, defined.
o Infringement of prerogatives as legislator o Courts will not touch the issue of
standing to maintain inviolate prerogatives, constitutionality unless it is unavoidable or
powers and privileges vested by the is the very crux of the controversy.
Constitution in his office. o Whether Sections 15 and 16 of Rule 5 of
 Transcendental importance, defined. the House Impeachment Rules are
o Transcendental – not in experience, but unconstitutional for violating Section 3,
unduable. Article XI of the Constitution?
o The character of the funds or other assets o Whether, as a result, the second
involved in the case. impeachment complaint is barred under
o The presence of a clear case of disregard of Section 3(5), Article XI of the
Constitution?
a constitutional or statutory prohibition by
o Under Sec. 16 impeachment proceedings
the public respondent agency or
instrumentality of the government. are “deemed initiated” on the day the
House Committee on Justice finds that the
 Held:
verified complaint is sufficient in
o Applying these determinants, the issues
substance.
raised in the petitions are indeed of
 Contention of respondents:
transcendental importance.
o Since the first impeachment complaint was
 Ripeness, defined.
dismissed for being insufficient in
o A prerequisite that something had been
substance, it was not deemed initiated
done by either branch before the court acts.
hence the second impeachment complaint
 Contention of Salonga:
 is allowed. “Initiate” does not mean “to o Modern view-if in conflict with the
file”. Constitution, the court does not annul, it
 Held simply refuses to recognize it.
o “Initiate” means filing of the impeachment  Partial invalidity.
complaint and referral to the House o General rule-if part is void, the rest stays
Committee on Justice or filing by at least provided they are separable.
1/3 of the House of Representatives with o the valid part is independent
the Secretary General of the House. o standing alone, must be complete and
o Once initiated, no other impeachment intelligible to enforce legislative intent
complaint shall be filed against the same o Except:
official for a period of one year. o If parts are mutually dependent and
 Judicial restraint. connected with each other.
o Contention of Pimentel: The Supreme o Legislature is resumed to have intended the
Court should exercise judicial restraint as a whole
because the Senate, as an impeachment o Nullity of one vitiates the rest.
court, has the sole power to hear and  Separability clause-intent of separability, rather
decide all impeachment cases. than complete nullity
o Contention of De Venecia: There is a
 Illustrative case: Tatad b Secretary of the
moral compulsion for the Supreme Court Department of Energy, 281 SCRA 330 (1997)
to not assume jurisdiction because its o Facts: The Supreme Court declared
members are subject to impeachment. unconstitutional 3 provisions of RA 8180
 Held: or An Act Deregulating the Downstream
o The power of judicial review includes Oil Industry.
the power to review justiciable issues in o The 3 provisions dealt with imposition of
impeachment proceedings. 4% tariff defferential on imported cude oil
 Held: and refined petroleum products, the
o Otherwise, Congress should not pass penal requirement of inventory and the
laws because its members are subject to prohibition on predatory pricing.
them. o They were nullified because they inhibit
o Where the case is justiciable, judicial fair competition, encourage monopoly &
restraint is not an option for the Supreme interfere w/ free interaction of market
Court. forces
o Adjudication cannot be declined where the  Issue:
Supreme Court is not disqualified. o Whether the 3 provisions can be
o Jurisdiction cannot be renounced where individually struck down without
there is n other tribunal to which the invalidating the entire law?
controversy may be referred.  Held:
o “Jurisdiction is not just a power. It is a o When the individual provisions so
solemn duty which may not be infirmed the essence of the law that it
renounced.” infected its entirety, the entire law is
 Test of constitutionality of statutes. nullified, its separability clause
o Not within the legislative power to enact notwithstanding.
o Creates methods or forms that infringe o The provisions on tariff differential,
constitutional principle inventory and predatory pricing are among
o Purpose or effect violates Constitution or the principal props of the law.
its basic principles o Congress would not have regulated the
o Vague downstream oil industry without them.
o Change of situation like emergency laws
 Void for vagueness rule.
o Violates due process
o People are not informed on what conduct
to avoid
o Affords law enforcers unbridled discretion
 Effects of unconstitutionality.
o Orthodox view-not a law, confers no
rights, imposes no duties, affords no
protection, creates no office
o Inoperative, like it never passed or existed.
o Operative fact-existence of statute prior to
nullity is an operative fact that must be
recognized.
o Statute was in force and complied with.
o Parties already acted under it.