STATUTORY CONSTRUCTION *AS TO ITS DURATION

1. PERMANENT- not limited in duration

but continues until repealed.
LAW
2. TEMPORARY- duration is limited, life
GENERAL – whole body or system of law
ceases upon the happening of an event.
JURAL – rule of conduct, just and
*APPLICATION
obligatory, laid down by legitimate authority
for common observance and benefit 1. PROSPECTIVE -
2. RETROACTIVE -
STATUTES
Act of the legislature as an organized body, *OPERATION
expressed in the form and passed according
1. DECLATORY
to the procedure, required to constitute it as
part of the law of the land. 2. CURATIVE
Passed by: 3. MANDATORY
Philippine Commission, Philippine 4. DIRECTORY
Legislature, Batasang Pambansa, and
Congress of the Phil. 5. SUBSTANTIVE
6. REMEDIAL

PRESIDENTIAL DECREES 7. PENAL

Issued by the president in the exercise of his

legislative power during the period of *FORMS
martial law under the 1973 Constitution
1. AFFIRMATIVE
2. NEGATIVE
EXECUTIVE ORDER
Order issued by the President in the exercise
of his legislative power during the MANNER OF REFERRING TO
revolutionary period under the Freedom STATUTES
Community.

PUBLIC ACTS – statutes passed by Phil.

CLASSES OF STATUTES Commission and Legislature from 1901-
1935.
*SCOPE
1. PUBLIC STATUTE – which affects the
public at large or the whole community. COMMONWEALTH ACTS – statutes
enacted during commonwealth from 1936-
CLASSIFICATION OF PUBLIC STATUTE 1946
1. General – applies to the whole state
and operates throughout the state.
2. Special – relates to a particular REPUBLIC ACT – passed by the congress
persons or things of a class or of the Phil. From 1946-1972 and from 1987
community. under 1987 Constitution.
3. Local – confined to a specific place
or locality.
ENACTMENT OF STATUTES
Legislative power of Congress
2. PRIVATE STATUTE – applies only to a
specific person or subject -to make alter and repeal laws.
1. Congress of the Philippines
-Senate between the Senate and the House in the
passage of a bill into law.
– House of Representative – filing revenue,
tariff, or tax bills, bills authorizing an *it is within its power to include in its report
increase of the public debt, private bills and an entirely new provision that is not found
bills of local application. either in the HB or SB.
STEPS IN THE PASSAGE OF BILL
INTO LAW
BILL- proposed legislative measure
3 VERSIONS OF BILL
introduced by a member or members of
Congress for enactment into the law. 1. LOWER HOUSE
2. SENATE
A. 1ST , 2ND and 3rd READING
3. CONFERENCE COMMITTEE

1ST READING- reading of the number

C. AUTHENTICATION OF BILLS –
and title of the bill, followed by its
the signing by the speaker and the
referral to the appropriate committee for
senate President of the Printed copy
study and recommendation.
of the approved bill, certified by the
respective secretaries of the both
houses.
2ND READING- the bill shall be read in
D. PRESIDENT’S APPROVAL OF
full with the amendments proposed by
VETO.
the committee, if any, unless copies
 VETO (objection)
thereof are distributed and such reading
is dispensed with.
*House will reconsider the bill after
such 2/3 of the member of the house
shall agree to pass the bill, it shall be
3rd READING – the bill is submitted for
sent, together with the objections, to
final vote by yeas and nays (roll call
the other house by which it shall
vote of members of the House or
likewise be reconsidered and if
Senate.)
approved by 2/3 of all the members
Art. VI of that house, it shall become a law.

“No bill passed by either House shall

become a law unless it has passed 3 *the President shall communicate his
readings on separate days, and printed veto to the house where it originated
copies thereof in its final form have been within 30 days after the date of
distributed to its members 3 days before receipt thereof, otherwise, it shall
its passage, except when the President become a law as if he had signed it.
certifies to the necessity of its
immediate enactment to meet a public
calamity or emergency. Upon the last A BILL BECOMES LAW IN 3
reading of a bill, no amendment thereto WAYS:
shall be allowed and the vote thereon 1. When the President signs it.
shall be taken immediately thereafter,
and the yeas and nays entered in the 2. When the President does not
journal”. sign nor communicate his veto
of the bill within 30 days after
his receipt.
B. CONFERENCE COMMITTEE
REPORTS 3. When the vetoed bill is
repassed by congress by 2/3
vote of all its members. Each
CONFERENCE COMMITTEE – is the house voting separately.
mechanism for compromising differences
PARTS OF STATUTES appropriations for the other
departments and agencies.
1. Preamble – prefatory statement
2. Title of statute – one subject rule
3. Enacting clause – after the title
which states the authority by which
the act is enacted.
4. Special Appropriation Bill to
4. Purview/ Body of statute – tells
specify purpose.
what the law is all about.
5. Separability clause – states that if
5. No law shall be passed authorizing
any provision of the act is declared
any transfer of appropriations.
invalid, the remainder shall not be
Exp: the President, Senate President,
affected thereby.
The Speaker of the HP, Chief Justice,
6. Repealing Clause
Heads of Constitutional
7. Effectivity Clause – when the law
Commissions.
takes effect.
6. Discretionary funds requirement –
 Shall be disbursed only for public
purposes supported by appropriate
vouchers
ENACTMENT OF BUDGET AND  Subject to guidelines prescribed by
APPROPRIATIONS LAW law.

BUDGET PROCESS 7. Automatic re-enactment of budget

1. Budget Preparation
8. President’s Veto power
2. Budget Authorization
 The president shall have the power to
3. Budget Execution
veto any particular items in an
4. Budget Accountability
appropriation, revenue, or tariff bill,
but the veto shall not affect the
others.
GENERAL APPROPRIATION BILL –
9. No Public funds to be spent except
content is limited to specified sum of money
by law.
dedicated to specific purposes or a separate
fiscal unit.
10. No public money or property for
religious purposes.

RESTRICTION IN PASSAGE OF 11. Money for special Purpose

BUDGET OR REVENUE BILLS
12. Highest Budgetary priority to
education.
1. The Congress may not increase the
appropriations recommended by
the President for the operation of
the Gov’t as specified in the
budget.
*the spending power known as
“Power of the Purse” belong to the
CONGRESS, subject only to the veto of
the President
2. Each provision must relate
specifically to particular
appropriation.

3. Congress shall strictly follow the

procedure for approving
 LEGISLATIVE MEANING – what the law,
by its language means. What it covers or
embraces, what its limits?

CHAPTER II
MATTERS INQUIRED INTO IN
CONSTRUING A STATUTE

CONSTRUCTION – art or process of 1. Ascertain the meaning and intention

discovering and expounding the meaning of the statute
and intention of the authors of the law where 2. See whether the intention and
that intention is rendered doubtful by reason meaning has been expressed in such
of the ambiguity in its language. a way as to give it legal effect and
validity.
2 Elements of Legal Act
CONSTRUCTION VS.
INTERPRETATION 1. Internal – originates in the intention
2. External – perfected by expression
CONSTRUCTION INTERPRETATION
Process of drawing Finding the true
warranted meaning and sense
conclusions not of any form of If the statute as a whole fails to indicate
always included in words. the legislative intent because the words
direct expressions used are ambiguous, the Court may
LOOK BEYOND THE STATUTE:
1. LEGAL HISTORY –in order to
ascertain what was in the legislative
RULES OF STATUTORY mind at the time the statute was
CONSTRUCTION – tools to ascertain enacted.
legislative intent. They are not rules of law 2. WHAT THE CIRCUMSTANCES
but mere axioms of experience. It helps the WERE UNDER WHICH THE
courts resolve bad cases. ACTION WAS TAKEN
3. WHAT THE EVIL, IF ANY WAS
MEANT TO REDRESSED.
*THE TRUE OBJECT OF ALL 4. PURPOSE OF THE STATUTE TO
INTERPRETATION IS TO ASCERTAIN BE SUBSERVED
THE MEANING AND WILL OF THE 5. THE REASON OR CAUSE WHICH
LAW MAKING BODY, TO THE END INDUCED THE ENACTMENT OF
THAT IT MAY BE ENFORCED. THE LAW

LEGISLATIVE INTENT – the essence of POWER TO CONSTRUE

the law.
- Judiciary
*law * the key to * the controlling factor *its  Legislature cannot overrule judicial
construction or interpretation. construction.
 The SC itself may, in an appropriate
case, change or overrule its previous
INTENT – the purpose and the meaning construction.

LEGISLATIVE PURPOSE – the reason

why a particular statute was enacted by the
legislature. What is its object? Is it to create WHEN COURT MAY CONSTRUE
new rights? STATUTE
  When there is doubt at the true intent the court cannot modify or reverse a doctrine
of the law/ ambiguity having two or or principle of law enunciated by another
more meanings. dvision thereof. However, if what is stated is
not a principle of law or doctrine mere an
 SINE QUA NON – WITHOUT Obiter Dictum (that which is said in
WHICH NON passing) a division of the court may reject

 VERBA LEGIS- PLAIN

MEANING
COURT MAY ISSUE GUIDELINES IN
- When the statute is clear, plain and
CONSTRUING STATUTE – to clearly
free from ambiguity it must be given
delineate what the law requires
its literal meaning and applied
without interpretation.

INDEX ANIMI SERMON EST –

SPEECH IS THE INDEX OF
INTENTION

EXPRESIO UNIUS EST

EXCLUSIO ALTERIUS –
expression of one thing is the LIMITATIONS ON POWER TO
exclusion of the other CONSTRUE
Courts may not in the guise of interpretation,
Example case: Commissioner of enlarge the scope of a statute and include
Internal Revenue v. American therein situations not provided nor intended
Express by the lawmakers. Court are not authorized
to insert into the law what they think should
be in it. No revision.
JUDICIAL DECISIONS SHALL FORM EXPRESSIUM FACIT CESSARE
PART OF THE LEGAL SYSTEM OF TACITUM – WHAT IS EXPRESSED PUT
THE PHILIPPINES – Supreme Court AN END TO WHAT IS IMPLIED.
decision, becomes a statute itself
LEGIS INTERPRETATO, LEGIS VIM
OBTINET – construction of law obtains the WISDOM, MORALITY OR
force of law PRACTICABILITY OF STATUTE ARE NOT
ADDRESSED TO THE JUDICIARY.
STARE DECISIS ET NON QUIETA
NOVERE- to standby what is decided and
not disturb settled points.
NO RETROACTIVE EFFECT.
LEX PROSPICIT NON RESPICIT – THE
LAW LOOKS FORWARD NOT
BACKWARD.

When a new doctrine of the court is

overruled and a different view is adopted ,
the new doctrine should be applied
prospectively.

ONLY THE SUPREME COURT EN

BANC CAN MODIFY OR ABANDON
PRINCIPLE OF LAW, NOT ANY
DIVISION OF THE COURT- a division of