CHAPTER I.

PRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION

Statutory Construction – the art or process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application to a given case, where that intention is
rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for
in the law. (Caltex vs. Palomar)

Construction vs. Interpretation

Construction is the drawing of conclusions with respect to subjects that are beyond the direct
expression of the text, while interpretation is the process of discovering the true meaning of the
language used. Interpretation is limited to exploring the written text. Construction on the other hand
is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text.

Laws vs. Statutes

All Statutes are Laws, not all Laws are Statutes.

Law - refers to the system of rules and regulations in a country governing its citizens.
Statutes- refers to the written form of a law passed by a legislative body.

Laws not created by statute (not a statute because it was not made by Congress, but still a law):

 Constitution, PDs, EOs, SC Rulings and Jurisprudence, Ordinances

Situs of Construction and Interpretation

 The situs of construction and interpretation of written laws belong to the judicial department.
 It is the duty of the Courts of Justice to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine whether or not there has been a
GADALEX on the part of any branch or instrumentality of the government.
 Supreme Court is the one and only Constitutional Court and all other lower courts are
statutory courts, and such lower courts have the power to construe and interpret written laws.

Subjects of Construction and Interpretation

Most common subjects of construction and interpretation are the constitution and statutes which
include ordinances. But we may also add resolutions, executive orders, and department
circulars.

Requisites for the Construction and Interpretation of a Law

1. There must be an actual case or controversy.

2. There is ambiguity in the law involved in the controversy. (Ambiguity exists if reasonable
persons can find different meanings in a statute, document, etc.)

Priority of the Court:

1) Application
2) Interpretation (you go to the text alone, if it is not found, the Court will go to other provisions
of the text within the law)
3) Construction (When interpretation does not suffice, the Court will seek the help of extrinsic
aids such as minutes of Congress, initial bill)

Since the Court is obligated to decide at all times, if after construction, the law remains ambiguous, it
is the judge who will decide. If not satisfied, that is where the long process of judicial process comes
in.
Kinds of Construction and Interpretation

Hermeneutics – the science or art of construction and interpretation.

Legal hermeneutics – is the systematic body of rules which are recognized as applicable to the
construction and interpretation of legal writings.

Dr. Lieber in his work on Hermeneutics gives the following classification of the diff kinds of
interpretation:
1. Close interpretation – adopted if just reasons connected with the character and formation of the
text induce as to take the words in the narrowest meaning. This is generally known as “literal”
interpretation.
2. Extensive interpretation – also called as liberal interpretation, it adopts a more comprehensive
signification of the words.
3. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is therefore
not genuine interpretation.
4. Free or unrestricted interpretation – proceeds simply on the general principles of interpretation in
good faith, not bound by any specific or superior principle.
5. Limited or restricted interpretation - influenced by other principles than the strictly hermeneutic
ones.
6. Predestined interpretation – takes place when the interpreter, laboring under a strong bias of
mind, makes the text subservient to his preconceived views and desires.

Some Principles of Construction and Interpretation

WHERE THE LAW SPEAKS IN CLEAR AND CATEGORICAL LANGUAGE, THERE IS NO ROOM
FOR INTERPRETATION, VACILLATION, OR EQUIVOCATIONS, THERE IS ROOM ONLY FOR
APPLICATION.

DIRECTOR OF LANDS v. COURT OF APPEALS

The Court ruled that the law used the term "shall" in prescribing the work to be done by the
Commissioner of Land Registration upon the latter's receipt of the court order setting the time for
initial hearing. The said word denotes an imperative and thus indicates the mandatory character of a
statute.

BARCELLANO BAÑAS v. BAÑAS

The law is clear in this case, there must first be a written notice to the family of Bañas. Time and time
again, it has been repeatedly declared by this Court that where the law speaks in clear and
categorical language, there is no room for interpretation.

PASCUAL v. PASCUAL BAUTISTA ET AL.

The interpretation of the law desired by the petitioner may be more humane, but it is also an
elementary rule in statutory construction that when the law is clear, it is not susceptible of
interpretation. It must be applied regardless of who may be affected, even if the law may be harsh or
onerous.

THE FIRST AND FUNDAMENTAL DUTY OF THE COURTS IS TO APPLY THE LAW.

PEOPLE v. MAPA

The law cannot be any clearer. No provision is made for a secret agent. As such, he is not exempt.
The first and fundamental duty of the courts is to apply the law.

RESINS, INC. v. AUDITOR GENERAL OF THE PHILIPPINES

The Court ruled that it is well settled that the enrolled bill — which uses the term 'urea formaldehyde'
instead of 'urea and formaldehyde' — is conclusive upon the courts as regards the tenor of the
measure passed by Congress and approved by the President. If there has been any mistake in the
printing of the bill before it was certified by the officers of Congress and approved by the Executive —
on which we cannot speculate, without jeopardizing the principle of separation of powers and
undermining one of the cornerstones of our democratic system. The remedy is by amendment or
curative legislation not by judicial decree.

It has been the constant and uniform holding that exemption from taxation is not favored and is never
presumed, so that if granted it must be strictly construed against the taxpayer. Affirmatively put, the
law frowns on exemption from taxation, hence, an exempting provision should be construed
“strictissimi juris" (according to the strictest interpretation of the law).

THE DUTY OF THE COURT IS TO APPLY THE LAW DISREGARDING THEIR FEELING OF
SYMPATHY OR PITY FOR THE ACCUSED.

PEOPLE v. AMIGO

The Supreme Court ruled that Courts are not the forum to plead for sympathy. The duty of courts is to
apply the law, disregarding their feeling of sympathy or pity for an accused. Dura Lex Sed Lex. The
remedy is elsewhere — clemency from the executive or an amendment of the law by the legislative,
but surely, at this point, this Court can but apply the law.

PEOPLE v. DELMO ET AL.

The duty of the Court is to apply the law disregarding their feeling of sympathy or pity for the accused.
Under Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659, murder is
penalized with reclusion perpetua to death.

AQUINO v. AQUINO

The Civil Code now allows all nonmarital children as defined in the Civil Code to inherit in intestate
succession. But because of Article 992, all nonmarital children are barred from reciprocal intestate
succession. Clearly, the term "illegitimate" refers to both natural and spurious.

The prohibition in Article 992 is so restrictive that this Court has characterized it as an "iron curtain"
separating marital and nonmarital relatives. It may be said that the law may be harsh but that is the
law

Numerous social welfare laws grant benefits to marital and nonmarital children alike.257 Moreover,
laws such as Republic Act No. 8972, or the Solo Parents' Welfare Act, and Republic Act No. 10165, or
the Foster Care Act, demonstrate that the family as a basic autonomous social institution is not
restrictively defined by traditional notions of marital relations, moving toward unshackling the status of
a child from the acts of their parents.

All children are deserving of support, care, and attention. They are entitled to an unprejudiced and
nurturing environment free from neglect, abuse, and cruelty. Regardless of the circumstances of their
birth, they are all without distinction entitled to all rights and privileges due them.

If the Court has knowledge of any act which it may deemed proper to repress & is not punishable by
the law, and in cases of excessive penalties, it shall:

 Render a proper decision based on the existing law. (Art 5 RPC)

 Report to the Chief Executive, through the Department of Justice, the reasons which induce
the court to believe that said act should be made the subject of penal legislation. (Art 5 RPC)

CHAPTER 2 – STATUTES

Legislative Procedures

The power to make laws is lodged in the legislative department. A statute starts with a bill.
Bill – is the draft of a proposed law from the time of its introduction in a legislative body through all the
various stages in both houses.

Act - is the appropriate term for it after it has been acted on and passed by the legislature.

It then becomes a statute; the written will of the legislature be expressed according to the form
necessary to constitute it as the law of the state.

How Does a Bill Becomes A Law – Steps

1. A proposal may come from the President, government agencies, private individuals, interest
groups (lobbying) and legislators themselves.
2. A member of congress may introduce the proposed bill to the secretary of either house
which will then be calendared for 1st reading.
3. In the First Reading, only the title and number of the bill is read. Thereafter, it is referred to
the appropriate committee for study.
4. The appropriate committee will conduct public hearings. After the public hearing, the
committee will make a committee report, deciding w/n the proposed bill is feasible or not.
Should there be an unfavorable report, the proposed bill is deemed dead.
5. Upon favorable action by the committee, it is then referred to the Committee on Rules to be
calendared for Second Reading.
6. In the second reading, the bill is read in its entirety. Immediately after the second reading,
the bill is set for open debates where members of the congress may propose amendments
and insertions to the proposed bill.
7. After the period of amendments and insertions, the bill will be subject for voting: (1) If
favorable, it is calendared for Third Reading; (2) If unfavorable, it is transmitted to archives.
8. After the approval of the bill in its 2 nd reading and at least 3 calendar days before its
final passage, the bill is printed in its final form and copies thereof distributed to each of
the members.
9. The bill is then calendared for the third and final reading. At this stage, no amendment
shall be allowed. Only the title of the bill is read, and The House will then vote on the bill.
(Votes for a bill to pass on 3 rd reading, depends on the policy, either 50%+1 or 51% of the
majority in a quorum)
10. The bill will then be transmitted to the other house where it will undergo the same
process.
11. If both houses have different versions passed, it will then be submitted to the Bicameral
Conference Committee. The BCC will be tasked to come up with a compromised bill which
will then be subject to the approval of both houses before the bill is enrolled.
12. The enrolled bill will then be authenticated by the Speaker of the House of
Representatives and the Senate President and attested by the secretaries of both houses.
13. The enrolled bill will then be transmitted to the President for his approval or veto. The
President may veto specific line items or the enrolled bill as a whole. If for any reason the bill
is vetoed, it is then returned to the originating house with his objections.
14. Congress may accept or override the veto. To override the veto of the President,
Congress, during a joint session will need to garner two-thirds vote of all its members
voting separately.

Compromised Bill - if both houses have different versions of the bill, the BCC is tasked to come up
with a compromised bill in order to settle the differences in the bill from both houses.

Enrolled Bill - refers to the bill passed by Congress, authenticated by Senate President & House
Speaker, and approved by President.
Principle of Enrolled Bill - under this principle, it is presumed that once a bill passes a legislative
body and is signed into law, the courts assume that all rules of procedure in the enactment process
were properly followed.

How to invalidate an enrolled bill - you can argue that the quorum in 3rd reading was not followed or
that during the 3rd reading, number of votes were not followed.

Can you invalidate the enrolled bill on this ground? No. Under the principle of enrolled bill, there is a
presumption that it went through the regular process. The Court has to rely on good faith of the 2
branches.

Constitutional option: None.

Administrative option: Yes. You can file a case against the legislator, etc.,

Enrolled Bill v. Journal, which should rise above the 2?

In Morales v. Subido, the Court held that if there is discrepancy between the enrolled bill and
journals, enrolled bill should prevail because we cannot go behind it to discover
what really happened. The respect due to the other branches of the Government demands that the
Court act upon the faith and credit of what the officers of the said branches attest to as the official acts
of their respective departments. Otherwise, it would cast an unenviable and unwanted role of a sleuth
trying to determine what actually did happen in the labyrinth of law-making with consequent
impairment of the integrity of the legislative process.

When it comes to extrinsic aids, it is the journals that prevail.

When does the law-making process end in Congress? After the Senate President & House
Speaker authenticates the bill and sends it to the President.

What happens if the Congress finds out that the wrong bill was approved by the Pres., can the
Congress withdraw their signatures? Normally, no. The only ground that they can withdraw their
signatures is if there is a substantial difference between the bill passed by Congress and the one
submitted to the President.

Constitutional Test in Passage of a Bill

3 constitutional requirements in the enactment of statute:

1) Every bill passed by Congress shall embrace only one subject which shall be expressed in
the title thereof.
2) No bill passed by either House shall become law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to each
member three days before its passage.
3) Every bill passed by the Congress shall, before it becomes a law, be presented to the
President. The executive approval and veto power of the President is the third important
constitutional requirement in the mechanical passage of a bill.

Executive Approval: (1) When the President signs it; (2) When the President does not sign it and 30
days lapsed. (30 calendar days); and (3) When the President vetoes, and Congress overrides the
veto power by 2/3 votes of all members, voting separately.

Constitutional Requirements (Technical Requirements):

No ex post facto law or bill of attainder shall be passed.

Ex Post Facto Law - makes an action done before the passing of the law and which was innocent
when done, criminal, and punishes such action.

a) If it makes criminal an act

 b) When a law aggravates a crime
c) If it changes the punishment
d) When it alters the weight of evidence
e) Limits the rights under bill of rights

Bill of Attainder - punishes a party for a perceived crime without first going through trial/due process.

REMMAN ENTERPRISE INC. v. PROFESSIONAL REGULATORY BOARD OF ESTATE

Th Supreme Court laid down the rule that Constitutional provisions relating to the subject matter and
titles of statutes should not be so narrowly construed as to cripple or impede the power of legislation.
The title need not be an abstract or index of the Act.

It is also well-settled that the "one title-one subject" rule does not require the Congress to employ in
the title of the enactment language of such precision as to mirror, fully index or catalogue all the
contents and the minute details therein. The rule is sufficiently complied with if the title is
comprehensive enough as to include the general object which the statute seeks to effect.

Parts of a Statute

 Title – the heading on the preliminary part, furnishing the name by which the act is
individually known. It is usually prefixed to the statute in the brief summary of its contents.
 Preamble – part of statute explaining the reasons for its enactment and the objects sought to
be accomplished. Usually, it starts with “whereas”.
 Enacting clause – part of statute which declares its enactment and serves to identify it as an
act of legislation proceeding from the proper legislative authority. “Be enacted” is the usual
formula used to start this clause.
 Body – the main and operative part of the statute containing its substantive and even
procedural provisions. Provisos and exceptions may also be found.
 Repealing Clause - announces the prior statutes or specific provisions which have been
abrogated by reason of the enactment of the new law.
 Saving Clause – restriction in a repealing act, which is intended to save rights, pending
proceedings, penalties, etc. from the annihilation which would result from an unrestricted
repeal.
 Separability Clause – provides that in the event that one or more provisions or
unconstitutional, the remaining provisions shall still be in force.
 Effectivity Clause – announces the effective date of the law.

Kinds of Statutes

1. General Law – affects the community at large.

2. Special Law – designed for a particular purpose, or limited in range or confined to a prescribed
field of action on operation.
3. Local Law – relates over a particular locality instead of over the whole territory of the state.
4. Public Law – a general classification of law, consisting generally of constitutional, administrative,
criminal, and international law, concerned with the organization of the state, the relations between the
state and the people who compose it, the responsibilities of public officers of the state, to each other,
and to private persons, and the relations of state to one another.
5. Private Law – defines, regulates, enforces and administers relationships among individuals,
associations and corporations.
6. Remedial Statute – providing means or method whereby causes of action may be effectuated,
wrongs redressed, and relief obtained.
7. Curative Statute – a form of retrospective legislation which reaches back into the past to operate
upon past events, acts or transactions in order to correct errors and irregularities and to render valid
and effective many attempted acts which would otherwise be ineffective for the purpose intended.
8. Penal Statute – defines criminal offenses specify corresponding fines and punishments.
9. Prospective Law – applicable only to cases which shall arise after its enactment.
10. Retrospective Law – looks backward or contemplates the past; one which is made to affect acts
or facts occurring, or rights occurring, before it came into force.
11. Affirmative Statute –declares what shall be done in contrast to a negative statute which is one
that prohibits the things from being done or declares what shall not be done.
12. Mandatory Statutes – generic term describing statutes which require a course of action.

Concept of Vague Statutes

Statues or act may be said to be vague when it lacks comprehensible standards those men “of
common intelligence must necessarily guess at its meaning and differ as to its application.

Statute is repugnant to the Constitution in two (2) respects:

1) It violates due process for failure to accord persons fair notice of conduct to avoid; and
2) It leaves law enforcers unbridled discretions.

The Supreme Court held that the “vagueness” doctrine merely requires a reasonable degree of
certainty for the statute to be upheld--- not absolute precision or mathematical exactitude.
Flexibility, rather than meticulous specificity, is permissible as long as the metes and bounds
of the statute are clearly delineated.

How Statutes are Repealed

1) Express repeal – is the abrogation or annulling of a previously existing law by the enactment
of a subsequent statute which declares that the former law shall be revoked and abrogated.
2) Implied repeal – when a later statute contains provisions so contrary to & irreconcilable with
those of the earlier law that only one of the two statutes can stand in force.

 The repeal of a penal law deprives the court of jurisdiction to punish persons charged with a
violation of the old penal law prior to its repeal.
 Only a law can repeal a law.
 The intention to repeal must be clear and manifest, otherwise, at least, as a general rule, the
later act is to be construed as a continuation of, and not a substitute for, the first act.

2 categories of repeal by implication:

1) Repeal by irreconcilable inconsistency - Where provision in the two acts on the same
subject matter are in an irreconcilable conflict.
2) Repeal by intended substitute - If the later act covers the whole subject of the earlier one
and is clearly intended as a substitute – to be a complete and perfect system in itself. (RPC,
Civil Code)

Ordinance

Test of Valid Ordinance

1) Must not contravene the Constitution or any statute;

2) Must not be unfair or oppressive;
3) Must not be partial or discriminatory;
4) Must not prohibit but may regulate trade;
5) Must be general and consistent with public policy; and
6) Must not be unreasonable.

Reason why an ordinance should not contravene a statute

Local councils exercise only delegated legislative powers conferred on them by Congress as the
national law-making body. The delegate cannot be superior to the principal.

How to pass an ordinance

1) Drafting the proposal.

2) First reading where the ordinance is introduced to the legislative body (City Councilors,
Municipal Councilors)
3) The draft is sent to the appropriate committee for further scrutiny.
4) At the second reading, the ordinance undergoes thorough examination, discussion, and
amendment. The responsible committee presents its findings and recommendations.
5) The third reading is the final legislative scrutiny of the ordinance. A final vote takes place.
6) Mayor’s approval; (only 10 days to do that); Municipal Mayor (10 days) SL Governor (15
days)
7) For MM, send to Sangguniang Panlalawigan for review (30 days)
8) Veto: 2/3 of all the members can override President’s veto.

Application of Foreign Jurisprudence

Philippine laws must necessarily be construed in accordance with the intention of its own law
makers and such intent may be deduced from the language of each law and the context of
other local legislation related thereof.

Doctrine of Processual Presumption

- Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that
foreign law is the same as ours.

DEL SOCORRO v. VAN WILSEM

In view of respondent’s failure to prove the national law of the Netherlands in his favor, the doctrine of
processual presumption shall govern. Under this doctrine, if the foreign law involved is not properly
pleaded and proved, our courts will presume that the foreign law is the same as our local or domestic
or internal law.

CHAPTER 3. BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS

Legislative Intent - The object of all CI of statute is to ascertain the meaning & intention of the
legislature. It is determined principally from the language of the statute. It is a practice used by judges,
lawyers and other court officials to determine the goals of legislators at the time of a bill's passage.

RAMIREZ vs. CA

Petitioner’s contention that the phrase "private communication" in Section 1 of RA 4200 does not
include private conversations a person is a part of, narrows the ordinary meaning of the word
"communication" to a point of absurdity.

Legislative intent is determined principally from the language of a statute. Where the language of a
statute is clear and unambiguous, the law is applied according to its express terms, and interpretation
would be resorted to only where a literal interpretation would be either impossible or absurd or would
lead to an injustice.

The provision of RA 4200 clearly and unequivocally makes it illegal for any person, not authorized by
all the parties to any private communication to secretly record such communication by means of a
tape recorder. The law makes no distinction as to whether the party sought to be penalized by the
statute ought to be a party other than or different from those involved in the private communication.
Verba Legis (Plain Meaning Rule) - If the language of the statute is plain and free from ambiguity,
that meaning is conclusively presumed to be the meaning which the legislature intended to convey.

REQUEST OF CA JUSTICES FOR COMPUTATION/ADJUSTMENT OF LONGEVITY PAY

The primary rule in addressing any problem relating to the understanding or interpretation of a law (in
this case, the provision granting longevity pay) is to examine the law itself to see what it plainly says.
This is the plain meaning rule of statutory construction.

The first aspect that offers itself in the examination of the law is its title, which gives us a direct
indicator of the exact subject matter of the law.

As written, the language and terms of this provision are very clear and unequivocal: longevity pay is
granted to a judge or justice (and to none other) who has rendered five years of continuous, efficient,
and meritorious service in the Judiciary.

The plain reading of Section 42 shows that longevity pay is not available even to a judicial officer who
is not a judge or justice. It is likewise not available, for greater reason, to an officer in the Executive
simply because he or she is not serving as a judge or justice. It cannot also be available t o a judge or
justice for past services he or she did not render within the Judiciary as services rendered outside the
Judiciary for purposes of longevity pay is not contemplated by law.

AM No. 12-9-5-SC, AM No. 13-02-07-SC

GLOBE-MACKAY vs. NLRC

There being no evidence to show an authorized, much less a legal, cause for the dismissal of private
respondent, she had every right, not only to be entitled to reinstatement, but as well, to full
backwages.

The intendment of the law in prescribing the twin remedies of reinstatement and payment of
backwages is, in the former, to restore the dismissed employee to her status before she lost her job,
for the dictionary meaning of the word "reinstate" is "to restore to a state, condition positions etc. from
which one had been removed" and in the latter, to give her back the income lost during the period of
unemployment. Both remedies, looking to the past, would perforce make her "whole."

The wording of the Labor Code is clear and unambiguous: "An employee who is unjustly dismissed
from work shall be entitled to reinstatement. . . . and to his full backwages. . . ." Under the principles
of statutory construction, if a statute is clears plain and free from ambiguity, it must be given
its literal meaning and applied without attempted interpretation. This plain-meaning rule or
verba legis rests on the valid presumption that the words employed by the legislature in a
statute correctly express its intent or will and preclude the court from construing it differently.
The legislature is presumed to know the meaning of the words, to have used words advisedly, and to
have expressed its intent by the use of such words as are found in the statute. Verba legis non est
recedendum, or from the words of a statute there should be no departure.

BASBACIO vs. OFFICE OF THE SECRETARY

Sec. 3(a) requires that the claimant be "unjustly accused, convicted [and] imprisoned." The fact that
his conviction is reversed, and the accused is acquitted is not itself proof that the previous
conviction was "unjust." An accused may be acquitted for a number of reasons and his conviction
by the trial court may, for any of these reasons, be set aside.

In this case, there is absolutely no evidence to show that petitioner's conviction by the trial
court was wrongful or that it was the product of malice or gross ignorance or gross
negligence. To the contrary, the court had reason to believe that petitioner and his co-accused were
in league, because petitioner is the father-in-law of Wilfredo Balderrama, and it was petitioner who
bore the victim a grudge because of a land dispute. Not only that. Petitioner and his co-accused
arrived together in the hut of the victims and forced their way into it.
Statutes as a whole - A cardinal rule in Statutory Construction is the legislative intent must be
ascertained from a consideration of the statute as a whole and not merely of a particular provision. A
word or phrase might easily convey a meaning which is different from the one actually intended.

JMM PROMOTIONS & MANAGEMENT, INC. vs. NLRC

The POEA Rules are clear. A reading thereof readily shows that in addition to the cash and surety
bonds and the escrow money, an appeal bond in an amount equivalent to the monetary award is
required to perfect an appeal from a decision of the POEA.

It is a principle of legal hermeneutics that in interpreting a statute, care should be taken that
every part thereof be given effect, on the theory that it was enacted as an integrated measure
and not as a hodge-podge of conflicting provisions. Ut res magis valeat quam pereat.

RADIOLA TOSHIBA PHILIPPINES, INC vs. IAC

The provision of Section 32 of the Insolvency Law is very clear — that attachments dissolved are
those levied within one month next preceding the commencement of the insolvency proceedings and
judgments vacated and set aside are judgments entered in any action.

Section 79, on the other hand provides for the right of the plaintiff if the attachment is not dissolved
before the commencement of proceedings in insolvency or is dissolved by an undertaking given by
the defendant if the claim upon which the attachment suit was commenced is proved against the
estate of the debtor.

Therefore, there is no conflict between the two provisions.

But even granting that such conflict exists, it may be stated that in construing a statute, courts
should adopt a construction that will give effect to every part of a statute, if at all possible.
This rule is expressed in the maxim, ut maqis valeat quam pereat or that construction is to be
sought which gives effect to the whole of the statute — its every word. Hence, where a statute
is susceptible of more than one interpretation, the court should adopt such reasonable and
beneficial construction as will render the provision thereof operative and effective and
harmonious with each other.

Spirit and purpose of law – When the interpretation of a statute would lead to absurdity or would
contravene the manifest purpose of legislature in its enactment, it should be construed according to its
spirit & reason.

DE GUIA vs. COMELEC

Paragraph (d) Section 3 of RA 7166 refers only to elective officials of the Sangguniang Panglungsod
which are single district cities and Sangguniang Bayan for Municipalities outside Metro Manila, which
will remain to be elected at large in the May 11, 1992, election. Paragraph (d) should be interpreted
in line with the rest of the statute and to follow the interpretation of the petitioner would make
the act of the statute in singling out the single district provinces as useless or meaningless.
The key to open the door to what the legislature intended in the language of a statute is its
purpose or reason which induced it to enact the statute.

Statutes should be construed in light of the object to be achieved. A Construction should be

rejected that gives the language used in a statute a meaning that does not accomplish its
purpose for which it is enacted.

SALENILLAS vs. CA

The Petitioners have the right to repurchase the property under Section 119 of the Public Land Act. It
is clear that only three types of persons are bestowed the right to repurchase that is the applicant, his
widow, and legal heirs. Elena Salenillas is a legal heir of the Enciso being their daughter.
The provision makes no distinction between the legal heirs. The distinction made by
respondent contravenes the very purpose of the act. Between two statutory interpretations,
that which better serves the purpose of the law shall prevail.

B/GEN. COMMENDADOR ET AL. vs. GEN. DE VILLA

It is a basic canon of statcon that when the reason of the law ceases, the law itself ceases.
This principle is also expressed in the maxim ratio legis est anima: the reason of law is its
soul. The Court held that the withdrawal of the right to peremptory challenge in P.D. No. 39 became
ineffective when the apparatus of martial law was dismantled with the issuance of Proclamation No.
2045. As a result, the old rule embodied in Article 18 of Com. Act No. 408 was automatically revived
and now again allows the right to peremptory challenge.

Doctrine of Necessary Implications - One of the rules of statutory construction used to fill in the gap
is the doctrine of necessary implication. The doctrine states that what is implied in a statute is as
much a part thereof as that which is expressed.

CHUA vs. CSC

G.R. No. 88979, 07 February 1992

Facts: Republic Act 6683 provided benefits for early retirement and voluntary separation as well as
for involuntary separation due to reorganization. Section 2 of R.A. 6683 provides who are qualified to
avail the benefits under the law which includes all regular, temporary, casual and emergency
employees who have rendered two consecutive years of government service as of the date of
separation with the exception of uniformed personnel of AFP and PC/INP.

Petitioner Lydia Chua, believing that she is qualified to avail of the benefits of the Early Retirement
Law, filed an application to the Respondent National Irrigation Administration (NIA), which was denied
since petitioner is a co-terminus employee.

She appealed with respondent CSC, but it was also denied because contractual employees are
excluded from the coverage. The date of the petitioner's separation from the service is co-terminus
with the NIA project which is contractual nature.

Issue: W/N petitioner's status as a co-terminus employee is excluded from the coverage of R.A.
6683.

Ruling: No statute can be enacted that can provide all the details involved in its application.
There is always an omission that may not meet a particular situation. What is thought, at the time of
enactment, to be an all-embracing legislation may be inadequate to provide for the unfolding events of
the future. So-called gaps in the law develop as the law is enforced. One of the rules of statutory
construction used to fill in the gap is the doctrine of necessary implication. The doctrine states
that what is implied in a statute is as much a part thereof as that which is expressed. Every
statute is understood, by implication, to contain all such provisions as may be necessary to
effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction
which it grants, including all such collateral and subsidiary consequences as may be fairly and
logically inferred from its terms.

CITY OF MANILA vs. JUDGE GOMEZ

The doctrine of implications in statutory construction sustains the City of Manila's contention that the
additional one-half percent realty tax is sanctioned by the provision in section 4 of the Special
Education Fund Law that "the total real property tax shall not exceed a maximum of three per
centum.”

The doctrine of implications means that "that which is plainly implied in the language of a
statute is as much a part of it as that which is expressed".
While the 1949 Revised Charter of Manila fixed the realty tax at one and a half percent, on the other
hand, the 1968 Special Education Fund Law definitively fixed three percent as the maximum real
property tax of which one percent would accrue to the Special Education Fund.

Cases Omissus - When a statute makes specific provisions in regard to several enumerated cases
but omits to make any provision which is analogous to those enumerated, and it appears that such
case was omitted because it was overlooked, it is called “Cases Omissus”. Such omissions of defects
cannot be supplied by the Courts.

PEOPLE vs. MANANTAN

The rule of Casus omissus has no applicability to this case for the maxim only applies and
operates if and when the omission has been clearly established.

The application of the rule of "casus omisus" does not proceed from the mere fact that a case
is criminal in nature, but rather from a reasonable certainty that a particular person, object or
thing has been omitted from a legislative enumeration. In the present case, there has been no
such omission. There has only been a substitution of terms.

Doctrine of Stare Decisis - It refers to the doctrine that when a court has once laid down a principle,
it shall follow that principle and apply it to future cases where facts are substantially the same.

I.J.M. TUASON AND CO, INC, ET AL. vs. MARIANO

Considering the principle of "Stare Decisis" or "Follow Past Precedents and do not disturb
what has been settled", the court ruled that respondents cannot maintain their action without
eroding the long-settled holding of the Courts that O.C.T. No. 735 is valid and no longer open
to attack.

M. AMADO vs. COMELEC

The Sunga case cannot apply to the instant case because here, the disqualification case was filed
on seven days after the May 11, 1998, elections. Therefore, the provisions of paragraph 2 of
Resolution No. 2050 must apply, in that, the complaint shall be dismissed as a disqualification
case, but referred to the Law Department of the COMELEC for preliminary investigation. This
is exactly what the COMELEC ruled in its assailed resolution of June 4, 1998, and rightly so.