7th week

• Use of Negative Words

• The use of the word “May” and “Shall” in the Statute
• Use of the Word “Must”
• The use of the terms “And” and the word “Or”
• Computation of Time
• Function of the Proviso
• Punctuation and Grammar: An Aid to Construction
• US vs Hart, G.R. No. L-8848 Case Digest November
21, 1913

8th week
Presumptions in Aid of Construction and Interpretations of
Presumptions
• Against Constitutionality
• Against Injustice
• Against Ineffectiveness
• Against Absurdity
• Against Implied Repeals
• Maxim of the Day:
o Leges posteriors priores contrarias abrogant

9th week
• Intrinsic Aids in Construction and Interpretation
• Extrinsic Aids in Construction and Interpretation
• Strict and Liberal Construction and Interpretation of
Statutes
• Floresca v. Philes Mining,
G.R. No. L-30642, April 30, 1985
• Republic Vs. CA and Molina,
G.R. No. 108763, Feb. 13, 1997

10th week
• Prospective and Retrospective Statutes
• Penal Statutes
• Curative Statutes
• Conflicting Statutes
• Statute and ordinance

11th week
• Construction and Interpretation of the Constitution
• Self-executing provisions; Exceptions
• Literal and Strict Interpretation Given to Prohibitory
Provisions
• Liberal Construction of One Title-One Subject
• Maxim of the Day:
o Lex specialis derogant generali
o Suprema Lex
o Dura lex sed lex
WEEK-7 -29 days in leap years
 In computing a period, the first day shall be excluded,
USE OF NEGATIVE WORDS and the last day included (Art. 13, New Civil Code).

 Negative words and phrases regarded as mandatory,  A "week" means a period of seven consecutive days
 while those affirmatives are mere directory. without regard to the day of the week on which it
begins.
 The use of the term "shall" further emphasize its
mandatory character and means that it is imperative, FUNCTION OF THE PROVISO
operating to impose a duty which may be enforced
 Proviso is a clause or part of a clause in the statute,
 The term "shall" may be either as mandatory or the office of which is either to except something
directory depending upon a consideration of the from the enacting clause, or to qualify or restrain its
entire provision in which it is found, its object and generality, or to exclude some possible ground of
consequences that would follow from construing it misinterpretation of its extent.
one way or the other
 "Provided" is the word used in introducing a proviso.
THE USE OF THE WORD "MAY" AND "SHALL" IN THE STATUTE
PUNCTIATION & GRAMMAR AS AN AID TO CONSTRUCTION
 Use of the word "may" in the statute generally
connotes a permissible thing, and operates to confer PUNCTIATION MARKS
discretion
Semi- colon (;)
 while the word "shall" is imperative, operating to — separation in the relation of the thought
impose a duty which may be enforced — a decree greater than that expressed by a comma
— what follows a semi-colon must have a
relation to the same matter which precedes it.
USE OF THE WORD “MUST”
Period (.)
 The word "must" in a statute is not always — indicate the end of a sentence
imperative and may be consistent with an exercise Comma (,)
discretion — to divide sentences/ parts of sentences

THE USE OF THE TERM "AND” AND THE WORD "OR”

GRAMMAR AS AN AID TO CONSTRUCTION
 "And" means conjunction connecting words or
phrases expressing the idea that the latter is to be  Grammatical errors shall not vitiate a statute.
added or taken along with the first.
 The rules of grammar are presumed to be known to
 "Or" is a disjunctive particle used to express as the legislature and are to be followed in the
alternative or to give a choice of one among two or construction of a statute, unless the legislative intent
more things. It is also used to clarify what has be violated, or inconvenience or absurdity result.
already been said, and in such cases, means "in other
words”, "to wit " or "that is to say”
RATIONALE:

COMPUTATION OF TIME  When the meaning of a legislative enactment is in

question, it is the duty of the courts to ascertain, if
 When the laws speak of years, months, days or possible, the true legislative intention, and adopt the
nights, it shall be understood that years are of (365) construction of the statute which will give it effect.
three hundred sixty five days each. Moreover, ascertaining the consequences flowing
from such a construction of the law is also helpful in
YEAR - 365 days determining the soundness of the reasoning
MONTH - 30 days
DAY - 24 hours
NIGHT -sunset to sunrise

 If months are designated by their name, they shall be

computed by the number of days which they
respectively have.

– January -31 days

– February -28 days in a common year and
 • Statues must receive a sensible construction such as
WEEK-8 will give effect to the legislative intent so as to avoid an
unjust and absurd conclusion.
What is PRESUMPTIONS • Undesirable consequences were never intended by
 In construing an ambiguous statute, the Courts will legislative measure.
presume that it was the intention of the legislature • A law should not be interpreted so as not to cause
to enact a valid, sensible and just law, and one which injustice.
should change the prior law on further than may be
necessary to effectuate the specific purpose of the Repeal of Statute
act in question. • Recalling or revoking of statute. It is the abrogation of a
 Construction should be in harmony with this statute by another.
assumption whenever possible. • The question of whether a particular law has been
 But presumptions cannot prevail against the clear repealed or not by a subsequent law is a matter of
explicit terms of the law. legislative intent.

PRESUMPTION AGAINST UNCONSTITUTIONALITY Express Repeal

Laws are presumed constitutional. To justify nullification of a -a declaration in the statute, usually in its repealing clause.
law, there must be a clear and unequivocal breach of the
constitution, not a doubtful and argumentative implication. Implied Repeal
-one which takes place when a new law contains
A law shall not be declared invalid unless the conflict with the provisions which are contrary to, but not expressly repeal
constitution is clear beyond reasonable doubt. those of a former law.

Ruling: Modes of Implied Repeal:

Presidential Decree 771 is constitutional. • By covering the whole subject matter.
The time-honored doctrine is that all laws are presumed valid • Inconsistent and irreconcilable provisions with the
and constitutional until or unless otherwise ruled by the earlier statute
court.
General law will not ordinarily be construed as repealing and
PRESUMPTION AGAINST INJUSTICE earlier special law, except:
The law should never be interpreted in such a way as to cause  Where a different legislative intent is clearly
injustice as this is never within the legislative intent, for we manifested.
presume the good motives of the legislature to render justice.  Where the general act said a general revision of
the whole subject intended to contain all the law
Law and justice are inseparable. Some laws while generally on the matter.
valid may seem arbitrary when applied in a particular case  Where the two acts are so repugnant and
because of its peculiar circumstances. In such situations, we irreconcilable as to indicate legislative intent
are not bound to apply them just the same in slavish that one should repeal or modify the other.
obedience to the language. Instead, we should find a balance
between the word and the will that justice may be done even Repeal of AMENDED ACTS carried with it the repeal of the
as the law is obeyed. amendments.

Ruling: Implied repeal of PENAL ACT

In requiring written notice, the redemptioner must be • By an act intended to be a codification of existing
properly notified of the sale and to indicate the date of such laws on the subject matter; if the provisions of a
notice as the starting time of the 30-day period of subsequent penal act cannot be reconciled with
redemption. those of prior penal act, the earlier is repealed by
implication.
PRESUMPTION AGAINST INEFFECTIVENESS
It is presumed that legislature intends to impart to its PRESUMPTION AGAINST IMPLIED REPEALS
enactment such as a meaning as will render them operative
and effective, and to prevent persons from eluding or • Implied Repeals are not favored
defeating them. • The presumption is against inconsistency and
repugnancy for the legislature is presumed to know
In case of doubts or obscurity, the construction will be such as the existing laws on the subject and not to have
to carry out those objects. enacted inconsistent or conflicting statutes.
• The two laws must be absolutely incompatible, and
Ruling: clear finding thereof must surface, before the
It is rule in statutory construction that every part of the interference of implied repeal may be drawn.
statute must be interpreted with reference to the context. • In the absence of an express repeal, a subsequent
law cannot be construed as repealing a prior law
PRESUMPTION AGAINST ABSURDITY unless an irreconcilable inconsistency and
repugnancy exists in terms of the new and old laws.
Case 1
Ruling:
In League of Cities of the Philippines, et.al vs. COMELEC,
it was held that,
"the legislative intent is not at all times accurately
reflected in the manner in which the resulting law is
couched. Thus, applying the verba legis or strictly literal
interpretation of a statute may render it meaningless
and lead to inconvenience, an absurd situation of
injustice. To obviate this aberration, and bearing in mind
the principle that the intent or spirit of the law is the
law itself, resort should be to the rule that the spirit of
the law controls its letter"

LEGAL MAXIM OF THE DAY

“Leges Posteriores Priores Contrarias Abrogant”

A later statute which is repugnant to an earlier statute is
deemed to have abrogated the earlier one on the same
subject matter.

Case 2
Ruling:
When two acts are inconsistent, that which has been
made effective in an earlier date prevails.
Statutes speak from the time they take effect, and
from the time the have posteriority. If passed to take effect at
a future day, they are to construed, as a general rule, as if
passed on that day and ordered to take immediate effect. But
as between two acts, it has been held that the one passed
later and going into effect earlier will prevail over one passed
earlier and going into effect later.

The question is one purely of legislative intent.

Commonwealth Act No. 559 containing provisions which are
repugnant to the Rules of Court, may be presumed to have
intended to repeal to the extent of the repugnance. Leges
posteriores priores contrarias abrogant.
 - It used to organize writing into clauses, phrases, and
sentences and in this way make its meaning clear.
WEEK-9
CAPITALIZATION OF LETTERS
INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION - Also an aid of low degree in the construction of
statute. It almost have the same reason as that of
INTRINSIC AID punctuation mark.
- those aids within the statute.
- are resorted to only if there is ambiguity LANGUAGE / LINGUAL TEXT
- Philippine laws - (English, Spanish or Filipino, or
Generally, where the meaning of a statute is either in two such languages)
ambiguous, the court may avail itself of all legitimate aids to - The rule is that, unless otherwise provided, where
construction in order that it can ascertain the true intent of a statute is officially promulgated in English and
the statue. Spanish, the English text shall govern, but in case of
ambiguity, omission or mistake, the Spanish may be
TITLE consulted to explain the English text.
 the title of the law is a valuable intrinsic aid in
determining the legislative intent. HEADNOTES OR EPIGRAPHS
- They are prefix to sections or chapters of a statute
 it carries weight because of the Constitutional for ready classification
requirement that “every bill must embrace only one - They are not part of a statute, but mere catchwords
subject which shall be expressed in the title of reference
thereof.”
EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
PREAMBLE
• That part of the statute written immediately after its EXTRINSIC AIDS
title which state the purpose, reason, or jurisdiction - existing aids from outside source
for the enactment of the law. - are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity
• Although not essential part of the statute, it is in the statute.
important if there is ambiguity in the meaning since
it states the purpose, reason or justification for the EXTRINSIC AIDS RESORTED TO BY THE COURT ARE;
enactment of the law. - History of the enactment of the statute
- Opinions and rulings of officials of the government
CONTEXT OF THE WHOLE TEXT called upon to execute or implement administrative
 Best source from which to ascertain in the legislative law
intent is the statute itself, the words, phrases, - Contemporaneous construction by executive officer
sentences, section, clauses provisions, taken as a - Actual proceedings of the legislative body
whole and in a while relation to one another. - Individual statements by members of congress
- And the Author of the law.
PUNCTUATION MARK
 It is the rule of legal hermeneutics that punctuation OTHER SOURCES OF EXTRINSIC AIDS CAN BE;
marks are aids of low degree and can never control • The reports and recommendations of
against the intelligible meaning of the written words. legislative committees
 It gives the statute a meaning which is reasonable • Public policy
and in accord with the will of the legislative • Judicial construction
• Construction by the bar

EXTRINSIC AIDS, WHERE FOUND.

SEMI COLON ( ;) • Extraneous facts and circumstances outside
- indicates a separation in the relation of the thought, the printed page of the statute
a degree greater than that expressed by a comma.
- Semi Colon makes the division a little more EXTRINSIC AIDS, ENUMERATED.
pronounced • History or realities existing at the time of
the passage of the law
COMMA (,) • Legislative proceedings
- also separates the parts and sentences, but less • Changes in phraseology
pronounced than the semi colon. • Prior laws and judicial decisions
• Contemporaneous and construction
PERIOD (.) • Consequences of alternative interpretations
- used to indicate the end of a sentence • Objects
• Purpose
 • Expediency - rule of strict construction is not applicable where
• Occasion and necessity the meaning of the statute is certain and
• Remedy provided unambiguous, for under these circumstances, there
• Conditions of the country to be affected is no need for construction.
• And other extrinsic matters
LIBERAL CONSTRUCTION
EXTRINSIC AIDS TO CONSTITUTIONAL CONSTRUCTION - Equitable construction as will enlarge the letter of a
1. History or realities existing at the time of the statute to accomplish the intended purpose, carry
adoption of the Constitution out its intent, or promote social justice.
2. Proceedings of the constitutional convention - The meaning of the statute may be extended to
3. Changes in phraseology matters which come within the spirit or reason of
4. Prior laws and judicial decisions the law or within the evils which the law seeks to
5. Construction of US Constitutional provisions suppress or correct.
6. Contemporaneous construction and writings
7. Consequences of alternative construction Liberal interpretation or construction of the law or rules,
8. Construction given by executive officers however, applies only in proper cases and under justifiable
causes and circumstances.
Illustrative Case:
In re Bermudez, 145 SCRA 116, 162 (1986) PENAL STATUTES
Facts: - Penal laws are to be construed strictly against the
In a petition for declaratory relief with no state and in favor of the accused. Hence, in the
respondents, petitioner asked the court if the provision of the interpretation of a penal statute, the tendency is to
Section 5 Article XVIII of the 1986 Constitution, to wit: “The subject it to careful scrutiny and to construe it with
six-year term of the incumbent President and Vice-President such strictness as to safeguard the right of the
elected in the February 7, 1986 election is, for purposes of accused.
synchronization of elections, hereby extended to noon of June - If the statute is ambiguous and admits of two
30, 1992,” refers to the then-incumbent President Corazon reasonable but contradictory constructions, that
Aquino and Vice-President Salvador Laurel or the previously- which operates in favor of a party accused under its
elected President Ferdinand E. Marcos and Vice-President provisions is to be preferred.
Arturo M. Tolentino.
After the election of February 7, 1986 where Marcos TAX LAWS
and Tolentino were declared the winners, Aquino and Laurel - Taxation is a destructive power which interferes with
were installed into the position last February 25, 1986 after the personal and property rights of the people and
the infamous People Power Revolution. The next regular takes from them a portion of their property for the
election for the President and Vice-President was held last support of the government.
May 2, 1992. - Accordingly, in case of doubt, tax statutes must be
Issue: construed strictly against the government and
Can we resort to proceedings right away? liberally in favor of the taxpayer, for taxes, being
Ruling: burdens, are not to be presumed beyond what the
No, resort to proceedings may only be had if other applicable statute expressly and clearly declares.
extrinsic aid fail. - Any claim for exemption from a tax statute is strictly
It is a well-accepted principle that where a statute is construed against the taxpayer and liberally in favor
ambiguous, courts may examine both the printed pages of the of the state.
published Act as well as those extrinsic matters that may aid NATURALIZATION LAW
in construing the meaning of the statute, such as the history - Naturalization laws should be rigidly enforced and
of its enactment, the reasons of the passage of the bill and strictly construed in favor of the government and
purposes to be accomplished by the measure of Individual against the applicant.
statements by members of Congress on the floor do not
necessarily reflect legislative intent INSURANCE LAW
The best interpreter of the law or any of its - Contracts of Insurance are to be construed liberally
provisions is the author of the law. in favor of the insured and strictly against the
insurer. Thus, ambiguity in the words of an insurance
contract should be interpreted in favor of its
STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION beneficiary.
OF STATUTES LABOR AND SOCIAL LEGISLATIONS
- Doubts in the interpretation of Workmen’s
STRICT CONSTRUCTION Compensation and Labor Code should be resolved in
- is that construction according to the letter of a favor of the worker. It should be liberally construed
statute which recognizes nothing that is not to attain their laudable objective, i.e., to give relief
expressed, takes the language used in its exact to the workman and/or his dependents in the event
meaning, and admits no equitable consideration. that the former should die or sustain in an injury.
- The sympathy of the law on social security is towards
its beneficiaries and the law by its own terms,
 requires a construction of utmost liberality in their • The lower court had jurisdiction to try the case. The
favor. court noted that the petitioners are not invoking the
provisions of the Workmen’s Compensation Act.
RETIREMENT LAWS Instead, the complaint filed by the petitioners was a
 Retirement laws are liberally interpreted in favor of complaint for damages (actual, exemplary, and moral)
the retiree because the intention is to provide for pursuant to the provisions of the Civil Code. Since
the retiree’s sustenance and comfort, when he is no Philex and the deceased employees entered into a
longer capable of earning his livelihood. contractual relationship, the alleged gross and reckless
negligence, and the deliberate failure that amount to
ELECTION RULES bad faith on the part of Philex, already constitutes a
 Statute providing for election contests are to be breach of contract for which it may be held liable for
liberally construed to the end that the will of the damages
people in the choice of public officer may not be
defeated by mere technical objections. • The petitioners’ filing for remedy with the
Workmen’s Compensation Act was an uninformed
RULES OF COURT decision and invalid.
 Rule of court shall be liberally construed in order to The court held that even though some of the
promote their objective of securing a just, speedy petitioners had already received benefits under the
and inexpensive disposition of every action and Workmen's Compensation Act, this should not
proceeding. necessarily prevent them from initiating legal action in
the regular court.By way of review, the Workmen’s
Compensation Act compensates for injuries or death
Illustrative case: without considering employer negligence. On the other
hand, seeking damages under the Civil Code is about
Floresca v. Philex Mining Corporation holding an employer responsible for reckless
G.R. No. L-30642 | April 30, 1985 negligence causing death. Following this, the court
determined that the petitioners’ initial choice of
Facts: pursuing the benefits under the Workmen’s
In this case, the petitioners are the heirs of Compensation Act was made due to ignorance or
individuals who were employed by Philex Mining Corporation mistake of fact. Had the petitioners known about
(Philex). These employees, while participating in Pilex’s Philex's violation of government regulations and
underground copper mining operations at Tuba, Benguet, lost negligence, they would not have pursued
their lives on June 28, 1967. compensation from the Workmen's Compensation
The incident occurred due to a cave-in within the Commission, which granted a lower amount. As such,
mine's tunnels that was allegedly due to Philex’s failure to the petitioners’ choice was rendered void since it was
implement the necessary safety precautions to safeguard the not an informed decision.
lives of its employees working in subterranean conditions.
The petitioners filed a complaint asserting that Philex The case was remanded to the lower court for further
failed to provide its men working underground the necessary proceedings. The court added that, in the event that the
security for the protection of their lives. petitioners succeed in their claim in the lower court, the
On 14 May 1968, Philex filed a motion to dismiss the payments received under the Workmen's Compensation Act
case. They argued that the causes of action of the petitioners should be subtracted from any awarded damages
were based on an industrial accident covered by the
provisions of the Workmen’s Compensation Act (WMC).
Philex claimed that the former Court of First Instance Republic vs. CA and Molina
has no jurisdiction over the case. From June to December GR. No 108763, Feb.13, 1997
1968, respondent Judge dismissed the case on the ground
that it falls within the exclusive jurisdiction of WMC. FACTS:
This petition is a request to review the order of the This case was commenced on August 16, 1990 with
former Court of First Instance of Manila, Branch XIII, dated 16 the filing by respondent Roridel O. Molina of a verified
December 1968, which dismissed the complaint for damages petition for declaration of nullity of her marriage to Reynaldo
on the ground of lack of jurisdiction. Molina.
ISSUE: The petition alleged that Roridel and Reynaldo were
• Whether the lower court has jurisdiction over the married on April 14, 1985... that a son, Andre O. Molina was
cause of action since the complaint is based on the born... that after a year of marriage, Reynaldo showed signs of
provisions of the Civil Code on damages; and, "immaturity and irresponsibility" as a husband and a father
• Whether the petitioners have a right of selection or since he preferred to spend more time with his peers and
choice of action between availing themselves of the friends... that he depended on his parents for aid and
worker’s right under the Workmen’s Compensation Act assistance, and was never honest with his wife in regard to
and suing in the regular courts under the Civil Code for their finances, resulting in frequent quarrels between them...
higher damages. that sometime in February 1986, Reynaldo was relieved of his
RULING: job in Manila, and since... then Roridel had been the sole
breadwinner of the family... that in October 1986 the couple the complaint, (c) sufficiently proven by experts and
had a very intense quarrel, as a result of which their (d) clearly explained in the decision.
relationship was estranged; that in March 1987, Roridel 3) The essential marital obligations must be those
resigned from her job in Manila and went to live with her embraced by Articles 68 up to 71 of the Family Code
parents in Baguio City... that a few weeks later, Reynaldo left as regards the husband and wife as well as Articles
Roridel and their child, and had since then abandoned them... 220, 221 and 225 of the same Code in regard to
that Reynaldo had thus shown that he was psychologically parents and their children
incapable of complying with essential marital obligations and 4) Interpretations given by the National Appellate
was a highly immature and habitually quarrelsome... Matrimonial Tribunal of the Catholic Church in the
individual who thought of himself as a king to be served... Philippines,
that it would be to the couple's best interest to have their 5) The trial court must order the prosecuting
marriage declared null and void in order to free them from attorney or fiscal and the Solicitor General to
what appeared to be an incompatible marriage from the start. appear as counsel for the state.
Reynaldo admitted that he and Roridel could no
longer live together as husband and wife WHEREFORE, the petition is GRANTED. The assailed
Evidence for herein respondent wife consisted of her Decision is REVERSED and SET ASIDE. The marriage of Roridel
own testimony and that of her friends Rosemarie Ventura and Olaviano to Reynaldo Molina subsists and remains valid.
Maria Leonora Padilla as well as of Ruth G. Lalas, a social
worker, and of Dr. Teresita Hidalgo-Sison, a psychiatrist of the
Baguio General Hospital and Medical Center.
Reynaldo did not present any evidence as he
appeared only during the pre-trial conference.
ISSUE:
• the Court of Appeals made an erroneous and incorrect
interpretation of the phrase 'psychological incapacity'
(as provided under Art. 36 of the Family Code) and
made an incorrect application thereof to the facts of the
case.
RULING:
• psychological incapacity should refer to no less than a
mental (not physical) incapacity x x x and that (t)here is
hardly any doubt that the intendment... of the law has
been to confine the meaning of 'psychological
incapacity' to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity
or inability to give meaning and significance to the
marriage. This psychologic condition must exist at the...
time the marriage is celebrated.

On the other hand, in the present case, there is no clear

showing to us that the psychological defect spoken of is an
incapacity. It appears to us to be more of a "difficulty," if not
outright "refusal" or "neglect" in the performance of some
marital obligations. Mere showing of "irreconcilable
differences" and "conflicting personalities" in no wise
constitutes psychological incapacity. It is not enough to prove
that the parties failed to meet their responsibilities and duties
as married persons; it is essential that they must be shown to
be incapable... of doing so, due to some psychological (not
physical) illness.

From their submissions and the Court's own

deliberations, the following guidelines in the interpretation
and application of Art. 36 of the Family Code are hereby
handed down for the guidance of the bench and the bar:
1) The burden of proof to show the nullity of the
marriage belongs to the plaintiff. Any doubt should
be resolved in favor of the existence and
continuation of the marriage and against its
dissolution and nullity
2) The root cause of the psychological incapacity must
be (a) medically or clinically identified, (b) alleged in
 ✓ Retroactive legislation is viewed with disfavor in many
legal systems because it can disrupt settled expectations
and undermine the principle of fairness.
✓ Courts often require a strong and explicit legislative
intent to apply a law retroactively to ensure that it does
not unjustly affect individuals or entities based on past
actions or decisions.

RETROACTIVE STATUTES - is one which creates a new

obligation, imposes a new duty or attaches new disability in
WEEK-10 respect to transaction already past.

PROSPECTIVE & RETROACTIVE STATUTES

1) Create a new obligation:
PROSPECTIVE STATUTE It may impose new legal responsibilities or
requirements on individuals or entities for actions or
GENERAL PRINCIPLES events that have already taken place.

PROSPECTIVE STATUTE is one which operates upon acts or 2) Impose a new duty:
transactions that occur after the statutes take effect, one that It can require individuals or entities to perform new
looks and applies to the future. duties or tasks in connection with past transactions
or activities.
PROSPECTIVE STATUTE
✓ regulates future conduct. 3) Attach a new disability in respect to transactions
✓ such laws do not affect rights or obligations arising from already past:
past actions This means that it can introduce disadvantages or
limitations related to events or transactions that
CANON OF STATUTORY CONSTRUCTION: have already occurred.
✓ The principle that statutes operate prospectively, not
retrospectively, is a fundamental canon of statutory Retroactive laws are often subject to scrutiny and debate
construction. It is a guideline used by courts to interpret because they can potentially disrupt settled legal expectations
legislation. and retroactively alter the legal consequences of past actions.
✓ Statutes are presumed to apply only to future actions
unless there is clear legislative intent to the contrary, either Legal systems typically have specific rules and standards for
explicitly stated in the statute's language or implied from its when and how retroactive laws can be enacted, and such laws
context. are generally used sparingly and for well-defined purposes

CIVIL CODE OF THE PHILIPPINES: Cases when the law may be given retroactive effect:
✓ The Civil Code of the Philippines, like many legal
systems, follows the general rule that laws shall have no • When the law expressly provides
retroactive effect unless the law itself provides • When the law is curative or remedial
otherwise. ✓ Meant to cure defects in order to enforce existing
✓ This means that, in the absence of a clear indication in obligations.
the statute, new laws in the Philippines are generally ✓ To enable people to carry into effect what they
presumed to apply only to future events and not intended in the obligation but could not be due to
retroactively. some statute.
✓ Not meant to impair obligation or affect vested
RETROACTIVE STATUTE rights.

GENERAL PRINCIPLES • When the law is procedural

✓ when it deals with procedure it applies to all
RETROACTIVE STATUTE is one which creates a new obligation, actions, which have accrued, or pending and future
imposes a new duty or attaches new disability in respect to actions.
transaction already past Ex. When the legislature provides that all bills
should undergo 4 readings instead of 3. This
RETROACTIVE STATUTE affects all bills that have been created and
✓ attempts to apply to acts and transactions that have even those already undergoing readings.
already taken place before the law's enactment. • When the law is penal in character and is favorable to the
accused.
✓ retroactive laws are generally disfavored due to their
potential to be unfair and oppressive.
IN SUMMARY, the default principle in many legal systems, is
that laws operate prospectively unless the legislative intent
DISFAVOR OF RETROACTIVE LEGISLATION:
to make them retroactive is explicitly stated or clearly Appeal from an order of Hon. Jesus Y. Perez of the
implied in the statute. Court of First Instance of Bulacan dismissing plaintiff's
complaint for workmen's compensation on the ground that
Retroactive laws are seen as exceptions and are generally the matter properly falls within the jurisdiction of the
approached with caution to prevent unjust or oppressive Workmen's Compensation Commission.
consequences. Republic Act No. 772 effective June 20, 1952
conferred upon the Workmen's Compensation Commissioner
"exclusive jurisdiction" to hear and decide claims for
LEGAL MAXIM: compensation under the Workmen's Compensation Act,
• Lex prospicit, non respicit subject to appeal to this Supreme Court. Before the passage
– the law looks forward, not backward of said Act demands for compensation had to be submitted to
the regular courts. The fatal accident which befell Dioscoro
• Lex de future, judex de praeterito Cruz, husband of plaintiff Carmen Cruz, having occurred in
– the law provides for the future, the judge for the January 1952 and action having been commenced in the
past. Court of First Instance of Bulacan in August, 1952.
For the appellants, it is contended that the date of
If the law is silent as to the date of its application and that the accident, and not the date of filing the complaint, should
it is couched in the past tense does not necessarily imply that be considered because the right to compensation of the
it should have retroactive effect. laborer or employees or his dependents, like the obligation of
the employer to pay the same, begins from the very moment
of the accident.
CASE 1: ISSUE:
Laceste v. Santos, 56 Phil. 472 (1932) Whether or not Workmen's Compensation
Commission (WCC) is the proper forum of the complaint
FACTS: RULING:
Clemente Laceste and Nicolas Lachica were found Yes. The court agreed that the right arises from the
guilty for the crime of rape against Magdalena de Ocampo. moment of the accident, but such right must be declared or
Lachica married the victim and was accordingly confirmed by the government agency empowered by law to
released from the criminal prosecution by virtue of Section 2 make declaration.
Art. No. 1773 and Art.448 of the Penal Code then in force RA. No 772 is very clear that on and after June 20,
which provided that such a marriage extinguished penal 1952 all claims for compensation shall be decided exclusively
liability. But the petitioner herein continued serving his by the Workmen's Compensation Commissioner, subject to
sentence, which was not affected by the marriage of his co- appeal by the Supreme Court.
accused and the offended party. No constitutional objection may be interposed to the
However, under the Revise Penal Code, Laceste is application of the law conferring jurisdiction upon the
now also entitled (RPC took effect January 1, 1932) to the Commission, because the statute does not thereby operate
benefits accruing from such marriage in accordance to the last retroactively; it is made to operate upon claims formulated
paragraph of Article 344 of the RPC which provides: after the law’s approval.
“In cases of seduction, abduction, acts of It was further argued that RA No. 772 should not be
lasciviousness and rape, the marriage of the offender with the enforced as to accidents before its approval, because it has
offended party shall extinguish criminal action or remit the introduced changes affecting vested rights of the parties.
penalty already imposed upon him. The provisions of this A retrospective law, in a legal sense, is one which
paragraph shall also be applicable to co-principals, takes away or impairs vested rights acquired under existing
accomplices and accessories after the fact of the above- laws, or creates a new obligation and imposes a new duty, or
mentioned crimes.” attaches a new disability, in respect of transactions or
ISSUE: consideration already past. Hence, remedial statutes, or
Whether or not Article 344 of the RPC shall be statutes relating to remedies or modes of procedure, which
applied retroactively in the case at bar. do not create new or take away vested rights, but only
RULING: operate in furtherance of the remedy or confirmation of rights
Article 344 shall be applied retroactively. The case at already existing, do not come within the legal conception of a
bar is an exemption to the general rule that laws are retrospective law, or the general rule against the retrospective
prospective, not retrospective (lex prospicit, non respicit). The operation of statutes"
situation in the case favors the accused therefore article 22 of
the RPC shall apply. Article 22 provides that: PENAL STATUTES
“Penal laws shall have a retrospective effect in so far
as they favor the person guilty of a felony, who is not GENERAL RULE:
a habitual criminal.” Penal laws or those laws which define offenses and prescribe
penalties for their violation operates prospectively.
CASE 2:
Castro v. Sagales, 56 Phil. 472 (1932) PROSPECTIVE
Legal Maxim. "Lex Prospicit Non Respecit"
FACTS:
 A penal law cannot make an act punishable in a manner CONFLICTING STATUTES
in which it was not punishable when committed. As
provided in Article 366 of the R.P.C., crimes are punished OBJECTIVES:
under the laws in force at the time of their commission. • Basically, the main purpose is to attain the intent of
the law and to apply properly with the end in view of
Article 21 of the RPC ensuring that justice and equity is upheld.
"No felony shall be punishable by any penalty not prescribed • To render the provision operative, effective and
by law prior to its commission.” harmonious by providing beneficial and effective
construction.
Legal Maxim.
"Nullum Crimen Nulla Poena Sine Lege" CONFLICTING CLAUSES AND PROVISION
According to the case of Tadiola-Toshiba Phil. vs.
IAC, it may happen that in the statute, conflicting clauses
and provisions may arise. If such situation may occur, the
ILLUSTRATIVE CASE: statute must be construed as a whole and attempts must
U.S. v. Macasaet, 11 Phil. 447 (1908) first be made to reconcile these conflicting provisions in
order to attain the intent of the law.
Facts: To reiterate, in construing a statute, if at all
Macasaet was charged with and convicted of a possible, expressed in the maxim, ut magis valeat quam
violation of the Internal Revenue Law (Act No. 1189) pareat or that construction is to be sought which gives
punishable by a fine. That law did not provide imprisonment effect to the whole of the statute – its every word.
for failure to pay the fine by reason of insolvency. While the
case was pending trial, Act No. 1732 took effect. This new law STATUTES MUST BE CONSTRUED AS A WHOLE
provides subsidiary imprisonment for failure to pay the fine The Court explained why the whole statue must be
under the old law (Act No. 1189). The court in imposing the construed as a whole, thus: In the case of Catiis vs. CA,
payment of the fine also imposed subsidiary imprisonment in the law must be considered as a whole, just as it is
view of the provisions of the new law. necessary to consider a sentence in its entirety in order to
Issue: grasp its true meaning.
WON penalties of the violation of Sec 66 of the internal It is a dangerous practice to base construction upon
revenue law be applicable to the case of Agrapino only a part of a section since one portion maybe
Macasaet. qualified by the other portion.
Held:
The Supreme Court ruled, with the basis that penal A CONSTRUCTION THAT WILL GIVE EFFECT TO EVERY PART
statutes cannot be made retroactive and based on the facts OF A STATUTE
that the effectivity of the penal statute exemplified in the According to Republic vs. Reyes, in construing a statute,
provision of art. No. 1732 was in November of 1970 and that the court:
the trial of the accused started prior to the said effectivity, 1. have to take the thought conveyed by the statute
affirmed to the appeal of eradicating imprisonment of five as a whole;
months as part of the penalty of his violation. The judgement, 2. construe the constituent part together;
thus, be limited to the fine and costs. 3. ascertain the legislative intent from the whole
This provision means that no act or omission shall be act;
held to be a crime, nor its author punished, except by virtue 4. consider each and every provision thereof in the
of law in force at the time the act was committed. light of the general purpose of the statute;
5. and endeavor to make every part effective,
CURATIVE STATUTES harmonious and sensible

CURATIVE STATUTES THE EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE

They are those which undertake to cure errors and In the case of Maddumba vs. Ozaeta, because a
irregularities and administrative proceedings, and which are statute is enacted in whole and not in parts or sections,
designed to give effect to contracts and other transactions which implies that one part is important as the other,
between private parties which otherwise would fail of the statute should be construed and given effect as a
producing their intended consequences by reason of some whole. A provision or section which is unclear by itself
statutory disability or failure to comply with some technical may be made clear by reading and construing it in
requirement. They are therefore retroactive in their character. relation to the whole statute.
On the other hand, Agpalo says that curative statutes Accordingly, in order to properly and intelligently
are healing acts, curing defects and adding to the means of construe a provision or section of a statute, understand
enforcing existing obligations. By their very nature, curative its meaning and scope, and apply it to an actual case,
statutes are retroactive and reach back to past events to the courts should consider the whole itself.
correct errors or irregularities and to render valid and
effective attempted acts which would be otherwise ineffective STATUTES IN PARI MATERIA
for the purpose the parties intended Latin legal term that means "statutes on the same
subject matter" or "related statutes." In legal
interpretation and analysis, it refers to the principle that
 when two or more statutes or laws address similar or ✓ Must be general and consistent with public policy
related issues or subject matters, they should be read ✓ Must not be unreasonable
and interpreted together as a cohesive whole. This
helps ensure that the laws are applied consistently and Ordinance must not contravene the Constitution or any
harmoniously. statute
These are statutes that relate to the same subject In the case of Primicias vs. Municipality of Urdaneta,
matter, or to the same class of persons or things, or have Pangasinan, an essential requisite for a valid ordinance is that
the same purpose or object. it must not contravene the statute, for it is a fundamental
Statutes in pari materia are to be construed principle that municipal ordinances are inferior in status and
together; each legislative act is to be interpreted with subordinate to the laws of the state
reference to other acts relating to the same matter or
subject. In case of conflict between
However, if statutes of equal theoretical application ADMINISTRATIVE ORDER and
to a particular case are said to be incompatible with PROVISIONS OF THE CONSTITUTIONS
each other, therefore the task of judiciary to first • In no instance can a mere administrative order or
attempt to reconcile or harmonize them with each other issuance be allowed to contravene, must less
and if that doesn’t work, uphold one over the other. overpower the provisions of the fundamental law of
Example: the land.
The statute of later date must prevail being • It is an elementary principle in statutory construction
a later expression of legislative will. that the statute is superior to an administrative
directive and the former cannot repealed by the latter.
GENERAL LAWS vis-à-vis SPECIAL LAWS
“Generalia specialibus non derogant “ Rationale of the case
– a general law does not nullify a specific or special law If there is a conflict between ordinance and a statute, the
ordinance must give way observing the well-settled rule that
If both statutes are irreconcilable, the general statute a substantive law cannot be amended by a procedural law. In
must give way to the special or particular provisions as case of discrepancy between the basic law and a rule or
an exception to the general provisions. Basic is the rule regulation issued to implement said law, the basic law prevails
in statutory construction that where two statutes are of because said rule or regulation cannot go beyond the terms
equal theoretical application to a particular case, the and provisions of the basic law.
one designed therefore should prevail. (Laureano vs. CA)

GENERAL LAW vs. SPECIAL LAW

The enactment of a later legislation which is general
law cannot be construed to have repeal a special law. It
is a settled-principle of construction that, in case of
conflict between general law and a special law, the latter
must prevail regardless of the dates of their enactment,
unless there is manifest intent to repeal or alter the
special law.

It is finely-embedded principle in statutory

construction that a special provision prevails over a
general one. (Disomangcop vs. Datumanong)

In case of conflict between a general provision of a

special law and a particular provision of a general law,
the latter will prevail. (Republic vs. Asuncion)

LAWS vis-à-vis ORDINACES

ORDINANCE:
Ordinance is a local legislative measure passed by the
local legislative body of a local government unit.
Example of local legislative bodies are the Sanguniang
Panglungsod and Sanguniang Panlalawigan.

Substantive requirements for a VALID ORDINANCE:

✓ Must not contravene the Constitution or any statute
✓ Must not be unfair or oppressive
✓ Must not be partial or discriminatory
✓ Must not prohibit but may regulate trade
 than non-self-executing; mandatory rather than directory; and
prospective rather than retrospective.

Some constitutional provisions are merely declarations of

policies. Their provisions command the legislature to enact
laws and carry out the purposes of the framers who merely
establish an outline of government providing for the different
departments of the governmental machinery and securing
certain fundamental and inalienable rights of citizens.

Thus, a constitutional provision is self-executing if the nature

and extent of the right conferred and the liability imposed are
fixed by the constitution itself.

WEEK-11
PRHIBITORY PROVISIONS GIVEN LITERAL AND STRICT
CONSTRUCTION AND INTERPRETATION
INTERPRETATION OF THE CONSTITUTION
Guidelines in construction and interpretation of the
Construction is the art or process of discovering and constitution are stressed:
expounding the meaning and intention of the authors of the
law, where that intention is rendered doubtful by reason of 1. The Court in construing a constitution should bear in
ambiguity in its language or of the fact that the given case is mind the object sought to be accomplished by its
not explicitly provided for in the law. adoption, and the evils, if any, sought to be
prevented or remedied.
Interpretation is the art of finding the true meaning and
sense of any form of words 2. One provision of the Constitution is to be separated
from all the others, to be considered alone, but that
Constitution is a system of fundamental laws for the all provisions bearing upon a particular subject are to
governance and administration of a nation. It is supreme, be brought into view and to be interpreted as to
imperious, absolute, and unalterable except by the authority effectuate the great purposes of the instrument.
from which it emanates.
The primary task of constitutional construction is to ascertain 3. The proper interpretation of the Constitution
the intent or purpose of the framers of the constitution as depends more on how it was understood by the
expressed in the language of the fundamental law, and people adopting it than the framer’s understanding
thereafter to assure its realization. thereof.

Self-Executing Provisions; EXCEPTIONS LIBERAL CONSTRUCTION OF ONE TITLE-ONE SUBJECT

Self-Executing Provision is a rule that by itself is directly or A liberal construction of the “One Title-One Subject” rule
indirectly applicable without need of statutory has been invariably adopted by the court so as not to cripple
implementation. Examples are the provisions found in the Bill or impede legislation.
of Rights, which may be invoked by proper parties
independently of or even against legislative enactment. Thus, The title expresses the general subject and all the provisions
in Collector of Customs v. Villaluz, the Supreme Court held are germane to the general subject.
that judges derive directly from Article III, Section 2 of the
1987 Philippine Constitution the authority to conduct Section 26 (1) ,Article VI of the Constitution states:
preliminary investigations to determine probable cause for “ Every bill passed by the Congress shall embrace only one
the issuance of a search warrant or warrant of arrest, which subject which shall be expressed in the title thereof.
power may not be withdrawn or restricted by the legislature.
CASE 1
Non-self-executing provision is one that remains dormant FARIÑAS VS THE EXECUTIVE SECRETARY G.R. No. 147387:
unless it is activated by legislative implementation. An
example is Article II, Section 4, which provides that in the FACTS:
fulfillment of the prime duty of defending the State, “all The petition seeks to declare Section 14 of RA no. 9006 (The
citizens may be required under conditions provided by law to Fair Elections Act) Unconstitutional as it expressly repeals
render personal military or civil service.” Section 67 of Batas Blg. 881 (The Omnibus Election Code)
Of particular importance also is the rule that, in case of doubt, which provides:
the constitution should be considered self-executing rather
Sec. 67 Candidates holding elective office. Any elective official, MAXIM OF THE DAY:
whether national or local, running for any office other than 1. LEX SPECIALIS DEROGANT GENERALI
the one which he is holding in a permanent capacity, except
for President and Vice-President shall be considered ipso facto SPECIFIC LAW TAKES AWAY from the GENERAL LAW.
resigned from his office upon the filing of his certificate of This Latin term is derived from the legal maxim in the
candidacy. interpretation of laws, both in domestic and
international law: 'lex specialis derogat legi generali'.
Reason for the petition: The unconstitutionality rose upon the This essentially means that more specific rules will
violation of Section 26 of article 6 of the constitution requiring prevail over more general rules.
every law to have only one subject, which should be
expressed in its title. 2. SUPREMA LEX

RA No. 9006 primarily deals with the lifting of the ban on the Supreme LAW
use of media for election propaganda and the elimination of Constitution – the fundamental and supreme law of
unfair election practices, while section 67 of the Omnibus the land. Statutes – including Acts of Congress,
election code imposes a limitation on elective officials who municipal charters, municipal legislation, court rules,
run for an office rather than the one they are holding in a administrative rules and orders, legislative rules and
permanent capacity. Petitioners also asserted that Sec 14 presidential issuances.
violates equal protection clause because it repeals Section 67
only of the Omnibus Election Code, leaving Section 66 intact 3. DURA LEX SED LEX
which imposes similar limitation to appointive individuals.
The LAW maybe HARSH, BUT it is still THE LAW.
Respondents’ defense: Section 14 of RA No. 9006 as it repeals a Latin term that means “it is harsh, but it is
Section 67 of Omnibus Election Code is not a proscribed rider the law”. This statement originated during the 11th
nor does it violate Section 26 (1) of Article VI of the century as principle of Canon law or church law. Lex
Constitution. The title “An Act to Enhance the Holding of Free, is opposed to Jus where Lex is a law created by
Orderly, Honest, Peaceful and Credible Elections through Fair human while Jus is a natural law and “cannot be
Election Practices” is broad and could encompass entire modified by an act of legislature.
election exercise including the filing of candidacy of elective Laws are made in order not just to protect
officials. the people but also maintain peace and order in a
society. Some laws might be difficult to obey but
ISSUE: everyone must comply because Ignorantia legis non
• Whether or not Section 14 of RA 9006 be rendered excusat (Ignorance of the law excuses no one).
unconstitutional because it expressly repealed “Salus populi est supreme lex” which means “Let the
Section 67 of Batas Pambansa Blg. 881 and violated good of the people be the supreme law.”
the “one subject-one title” rule?
Case 1:
• Whether Section 14 of RA 9006 constitutes a People vs. Mapa
proscribed rider? G.R. No. L-22301 August 30, 1967

Rider- additional provision added to a bill or other measure FACTS:

under the consideration by a legislature having little Mario Mapa was found in possession of an
connection with the subject matter of the bill. unlicensed pistol cal. 22 revolver with six rounds of
ammunition. Accused admits to possession of the firearm and
RULING: believes he is exempted from liability being a secret agent of
No. The Court is not convinced that the title and the the Governor of Batangas. On 27 November 1963, the lower
objectives of RA 9006 are comprehensive enough to include court found the accused guilty of the illegal possession of
the repeal of Section 67 of the Omnibus election Code within firearms and sentenced him to imprisonment for one year
its contemplation. To require that the said repeal of Section and one day to two years. The appeal was taken to the
67 of the Code be expressed in the title is to insist that the Supreme Court, the case being a question of law.
title be a complete index of its content. The purported ISSUE:
dissimilarity of Section 67 of the Code and the Section 14 of Whether a secret agent to a governor is exempted
the RA 9006 does not violate the “ One Subject-One Title from the crime of illegal possession of fire arms.
Rule”. HELD:
No. Rules in statutory construction state that
The court held that an act having a single general subject construction and interpretation shall only be resorted to
indicated in the title, may contain any number of provisions, when it would be impossible to apply the law without them.
no matter how diverse they may be, so long as they are not Hence in the present case, a secret agent cannot be exempted
inconsistent with or foreign to the general subject, and may from liability since such persons are not explicitly mentioned
be considered in furtherance of such subject by providing for to be exempt.
the method and means of carrying out the general subject. The law provides that it is unlawful for any person to
possess any firearm, detached parts of firearms or
ammunition therefor, or any instrument or implement used or
intended to be used in the manufacture of firearms, parts of
firearms, or ammunition.
Firearms and ammunition regularly and lawfully
issued to officers, soldiers, sailors, or marines [of the Armed
Forces of the Philippines], the Philippine Constabulary, guards
in the employment of the Bureau of Prisons, municipal police,
provincial governors, lieutenant governors, provincial
treasurers, municipal treasurers, municipal mayors, and
guards of provincial prisoners and jails are not covered when
such firearms are in possession of such officials and public
servants for use in the performance of their official duties.
Here, the courts can only apply the law.
The ruling in People v. Macarandang that was relied
upon placed a secret agent within the category of a peace
officer. However, the SC overturned this previous ruling seeing
as it is “not within the power of the court to set aside the
clear and explicit mandate of a statutory provision.