Statutory Construction Reviewer 3

Statutory Construction Reviewer
Parts of a Statute
1. Title – the part of the law that provides the name by which it is individually known.
2. Preamble – the introductory part of a statute that usually states the reasons and intent of
the law.
3. Enacting clause – the part of the statute which declares its enactment and identifies the
government body that enacted the statute or regulation.
4. Body - the principal portion of the law embodying the substance of the right or remedy
provided for and telling what the law is all about.
a. Short Title – name of the statute
b. Definition of terms – definition of words used in the statute.
c. Policy Section – enumerates the objectives of the statute.
d. Substantive Provisions – set forth the rights, powers, privileges, and immunities of
persons benefited or regulated by the statute.
e. Penal Clause – sets forth the sanctions that may be imposed against persons for
violation of the statute.
f. Administrative Section – includes the manner by which the statute will be
implemented.
g. Headnotes and Epigraphs – index to the contents of the provision.
h. Repealing Clause – the part that says which previous laws (or parts of them) are
being canceled or replaced by the new law.
Express repeal: This is when the new law clearly states which old law or part of an
old law is being repealed. It's directly mentioned in the repealing clause.
Implied repeal: This happens when the new law doesn’t specifically mention the old
law, but it conflicts with it. If the new law’s rules are different from the old law’s,
the new law effectively replaces the old one, even without saying so directly.
i. Separability Clause – the part which states if any provision of the statute is declared
invalid, the remainder is not affected by it.
j. Effectivity Clause – the part of the statute which announces the date of its
effectivity. Art. 2 of the Civil Code provides that laws shall take effect after 15 days
following the completion of their publication in the Official Gazette or a newspaper
of general circulation.
k.
VERBA LEGIS AND RATIO LEGIS
Verba Legis – When applied: applies only when the law is completely clear, such that there is
absolutely no room for interpretation.
Ratio Legis – When applied: only after it is shown and establish that the statute is ambiguous, by
applying the tests of ambiguity, that the Courts should abandon verba legis and apply ratio legis in
order to determine the true intent of the legislature.
General Principles of Construction

1. Law construed as a whole - when interpreting a law (or statute), you should look at the entire
law as a whole, not just individual parts or sections in isolation. Each word, phrase, and clause in
the law should be understood in the context of the rest of the law, because all the parts are
meant to work together to fulfill the law’s overall purpose.
2. Presumption of Justice - when the meaning of a law is unclear, we should interpret it in a way
that leads to a fair and just outcome, because that is likely what the lawmakers intended.
3. Construction Consistent with the Constitution - All laws are presumed to be valid and
constitutional until proven otherwise.
4. Construction to Render Provision Effective - we should interpret the law in a way that allows it
to fulfill its purpose, rather than finding reasons to ignore or invalidate parts of it. This means
that every part of the law should be given meaning and be used, if possible, to make the law
effective.
Legislative Policies and Presumptions

1. Penal Laws - Nullum crimen nulla poena sine lege “There is no crime where there is no law
punishing it” – there must be a clear definition of the acts constituting the punishable offense as
well as the penalty that may be imposed. Penal statutes are to be construed in favor of the
accused.
2. Tax Laws – A statute will not be construed as imposing a tax unless it does so clearly, expressly,
and unambiguously. Tax exemptions, tax refund, and credit are to be imposed strictly against
the taxpayer.
3. Social Legislation and Labor – Art 4 of P.D. No. 442 aka Labor Code of the Philippines – all
doubts in the implementation and interpretation of the provisions of the Labor Code including
its implementing rules and regulations shall be resolved in favor of labor.
4. Rules of Court – construed in order to promote their objective of securing a just, speedy, and
inexpensive disposition of every action and proceeding.
5. Adoption Laws – should be construed on account of “the beneficent purposes pose of
adoption.” The interest and welfare of the adopted child should be primary and paramount
consideration.
6. Local Autonomy - Article 10, Section 2 of the 1987 Constitution – the territorial and political
subdivisions pf the Philippines shall enjoy local autonomy. These consist of provinces, cities,
municipalities, and barangays.
7. Naturalization Laws – construed in favor of the government and against the applicant to deter
undesirable aliens from acquiring Filipino citizenship.
8. Election Laws – interpreted in a way that makes sure the will of the people is respected. The
goal is to make sure that the results of an election reflect what the voters truly want, and not be
thrown out over minor, technical issues.
9. Constitutional Construction - The Supreme Court adopted the basic principles of statutory
construction in the interpretation of the Constitution.
a. First, verba legis, that is, wherever possible, the words used in the Constitution must be
given their ordinary meaning except where technical terms are employed.
b. Second, where there is ambiguity, ratio legis est anima. The words of the Constitution
should be interpreted in accordance with the intent of its framers.
c. Finally, ut magis valeat quam pereat. The Constitution is to be interpreted as a whole.
Self-executing vs. Non-self-executing provisions of the Constitution

- The general rule is that the provisions of the Constitution are intended to be self-executing. The
Constitution should be considered self-executing rather than non-self-executing.

Statutory Construction Reviewer 3

Uploaded by

Copyright:

Available Formats

Statutory Construction Reviewer 3

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Statutory Construction Reviewer 3

Uploaded by

Copyright:

Available Formats

Statutory Construction Reviewer

General Principles of Construction

Legislative Policies and Presumptions

Self-executing vs. Non-self-executing provisions of the Constitution

You might also like