notes on atty. clemente’s statutory construction syllabus [2015-2016]

1 Notes on Atty. Clementes Statutory Construction Syllabus [2015-2016]

VI. PARTS OF LAW

1. TITLE

1a. Single-subject Requirement. Article VI, Section 26 (1): Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. 1b. Purpose. [Philconsa v. Gimenez]:

1. To prevent hodge-podge or logrolling legislation;

2. To prevent surprise of fraud upon the legislature;

3. To fairly apprise the people; 4. To serve as a guide in ascertaining the

legislative intent - [Agpalo]

1c. Test of sufficiency. If all parts of a law relate to the subject expressed in its title but it need not be a complete index of the content. 1d. How to construe.

1. It must be reasonably construed. 2. It must be given a practical rather than

technical construction 3. Title expresses the general subject and all the

provisions of the statute are germane to that general subject.

2. ENACTING CLAUSE

2a. Part of a statute written immediately after the title thereof which states the authority by which the act is enacted. 2b. Significance: Knowing the period of time that it was enacted. When the reason of the law ceases, the law itself ceases.

3. PREAMBLE

3a. A prefatory statement or explanation of a finding of facts, reciting the Purpose, Reason or Occasion for making the law to which it is prefix. 3b. [People v. Echavez] Preamble may restrict what appears to be broad scope of law. 3c. [People v. Purisima] A "preamble" is the key of the statute, to open the minds of the makers as to the mischiefs which are to be remedied, and objects

which are to be accomplished, by the provisions of the statute." 3ca.While the preamble of a statute is not strictly a part thereof, it may, when the statute is in itself ambiguous and difficult of interpretation, be resorted to, but not to create a doubt or uncertainty which otherwise does not exist."

4. BODY OR PURVIEW

4a.That part of law which tells what the law is all about. The body should embrace only one subject matter. 4b. [People v. Carlos] The Constitutional rule is satisfied if all parts of a law relate to the subject expressed in its title. 4c. When there is an irreconcilable repugnancy between a proviso and the body of a statute, the former prevails as latest expression of legislative intent.

5. SEPARABILITY CLAUSE 5a.That part of law which states that if any provision of the act is declared null and void, the remainder shall not be affected thereby. Note: Not controlling as the court may still invalidate the whole statute. 5b. Two views on the effect of declaration of unconstitutionality of a law:

1. Orthodox view - An unconstitutional law is no law at all. It creates no office, it creates no rights, it creates no obligation, it is not a source of protection. It is stricken out of the statute books. It is treated as if it was never enacted at all.

2. Modern view (Operative Fact doctrine) - An

unconstitutional law is not stricken out of the statute books. It remains there but the court refuses to recognize it. This is because, before it is declared unconstitutional, it enjoys the presumption of constitutionality. At that time, there may be parties who relied on the provisions of that law. As to them it remains to be valid. This is an operative fact that cannot be denied. Because of this, the declaration of unconstitutionality is not given retroactive effect. It is always given prospective application.


5c. Indivisible Laws. When other provisions cannot stand on its own.

SOME CLASSIFICATIONS

A. GENERAL , SPECIAL, LOCAL LAWS

1. A special law prevails over a general law regardless of their dates of passage, and the special law is to be considered as remaining an exception to the general law as the same being the latest expression of the intention of the legislature.

2. A special law must be intended to constitute an

exception to the general law in the absence of special circumstances forcing a contrary conclusion.

3. The rule is that a special and local statute

applicable to a particular case is not repealed by a later statute which is general in its terms, provisions and application even if the terms of a general act are broad enough to include the cases in the special law unless there is a manifest intent to repeal or alter the special law.

4. In case of conflict between the previous article

and later article, the latter will prevail

5. Whenever two statutes of different dates and of contrary tenor are of equal theoretical application to a particular case, the statute of later date must prevail being a later expression of the legislative will

6. Whenever there is a conflict between an ordinance and a statute the ordinance must give way.

7. 12. Where a special statute refers to a subject in general, which the general statute treats in particular, the provision of the latter in case of conflict will prevail

8. 13. Ordinance should not contravene with a statute, in case of a conflict between an ordinance and a statute the latter will prevail

9. It is a basic rule in statutory construction that the enactment of a later legislation which is a general law cannot be construed to have repealed a special law

10. It is elementary in statutory construction than an administrative circular cannot abrogate, modify or nullify a statute. A statute is superior to an administrative circular thus the latter cannot amend or repeal it

B. REMEDIAL, PENAL, CURATIVE LAWS

1. Procedural laws are retrospective

2. Curative statutes are validly accepted in this

jurisdiction subject to the usual qualification against impairment of vested rights.

3. Curative statutes have retrospective effect.

4. It is a well-settled rule that a substantive law cannot be repealed by a procedural law

5. A general law cannot repeal a special law

6. In case of conflict between the general

provision of a special law and a particular provision of a general law, the latter should prevail

C. PROSPECTIVE or RETROSPECTIVE

1. The question of whether a statute operates retrospectively or only prospectively depends on the legislative intent

2. As a rule, laws cannot be given retroactive effect the absence of a statutory provision for retroactivity or a clear implication of the law to that effect

3. All statutes are to be construed as having only a prospective operation unless the purpose and the intention of the legislature to give them a retrospective effect is expressly declared or is necessarily implied from the language used

4. Laws should only be applied prospectively unless the legislative intent to give them retroactive effect is expressly declared or is necessarily implied from the language used.


VII. AIDS TO STATUTORY CONSTRUCTION

A. TITLE

[City of Baguio v. Marcos] Title of Act may be resorted in the ascertainment of Congressional will.

Reason: For the reason that by specific constitutional precept about one-subject title rule.

B. PREAMBLE

[People v. Echavez] Preamble may restrict what

appears to be broad scope of law.

[People v. Purisima] A "preamble" is the key of the statute, to open the minds of the makers as to the mischiefs which are to be remedied, and objects which are to be accomplished, by the provisions of the statute."

While the preamble of a statute is not strictly a

part thereof, it may, when the statute is in itself ambiguous and difficult of interpretation, be resorted to, but not to create a doubt or uncertainty which otherwise does not exist."

C. CONTEXT

The best source from which to ascertain the

legislative intent in the statute itself.

[Aboitiz v City of Cebu] Legislative intent must be ascertained from a consideration of the statute as a whole and not of an isolated part or a particular provision alone. This is a cardinal rule of statutory construction. For taken in the abstract, a word or phrase might easily convey a meaning quite different from the one actually intended and evident when the word or phrase is considered with those with which it is associated. Thus an apparently general provision may have a limited application if viewed together with other provisions.

D. PUNCTUATION MARKS

Aids of low degree and can never control

against the intelligible meaning of written words.

Can be used as an additional argument for adopting the literal meaning of the words as thus punctuated.

[US v Hart] If the punctuation of the statute

gives it a meaning which is reasonable and in apparent accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of the words of the statute as thus punctuated. But an argument based upon punctuation alone is not conclusive, and the courts will not hesitate to change the punctuation when necessary, to give to the Act the effect intended by the Legislature, disregarding superfluous or incorrect punctuation marks, and inserting others where necessary. E. WORDS AND PHRASES

A statute is to be construed by the natural and

obvious impart of its words, giving to it the ordinary grammatical construction.

[Colgate v. Jimenez] General terms may be restricted by specific words, with the result that the general language will be limited by the specific language which indicates the statute's object and purpose. Applicable only to cases where, except for one general term, all the items in an enumeration belong to or fall under one specific class. F. HEADNOTES AND EPIGRAPHS

It is a convenient index to the contents of the

provisions of the statutes.

[People v. Yabut] When the text itself of a statute or a treaty is clear and unambiguous, there is neither necessity nor propriety in resorting to the preamble or headings or epigraphs of a section of interpretation of the text, especially where such epigraphs or headings of sections are mere catchwords or reference aids indicating the general nature of the text that follows.

G. INTENT AND POLICY


It is the law itself. It is called the leading star and guiding light in the application and interpretation of the statute.

What is within the spirit is within the law.

Once the policy of the law is ascertained, it should be given effect by the judiciary.

A statue of doubtful meaning must be given a construction that will promote public policy. H. EXLANATORY NOTES

A short exposition of explanation accompanying a proposed legislation by its author or proponent. It contains statements of the reason or purpose of the bill, as well as arguments advanced by its author in urging its passage.

I. LEGISLATIVE DEBATES & DELIBERATIONS

Where there is doubt as to what a provision of a

statute means, that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted.

J. PRESUMPTIONS

Based on logic, common sense; eg. Presumption

of constitutionality, completeness, prospective application, right and justice, etc.

[Basco v. PAGCOR] A statute is presumed to be valid. Every presumption must be indulged in favor of its constitutionality.

K. IMPLICATIONS

No statute can be enacted that can provide all

the details involved in its application. What is implied in a statute is as much a part thereof as that which is expressed.

[Chua v Civil Service] Every statute must be understood by implication.

DOCTRINE OF NECESSARY IMPLICATIONS. That which is plainly implied in the language of a statute is as much a part of it as that which is expressed.

Every statute is understand by implication to contain all such provision as may be necessary to effectuate to 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. The principle is expressed in the maxim EX NECESSITATE LEGIS or from the necessity of the law.

VIII. SOME WELL-KNOWN LATIN MAXIMS

A. Verba Legis Non Est Recedendum. From the words of a statute there should be no departure. [Plain meaning rule]

o If the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.

o You get the meaning of the law from the word per word written law. Literal meaning or plain rule means interpretation of the law. All words in a statute should if possible, be given effect.

B. Ratio Legis Et Anima. What is within the spirit is

within the law. The spirit of the law controls the letter. The literal import must yield to intent.

C. Mens Legislatoris. Intent of the legislators.

D. Dura Lex Sed lex . The law maybe harsh, but is still the law.

E. Expressio unios est exclusio alterius. The expression of 1 person, thing or consequence implies the exclusion of others or what is expressed puts an end to that which is implied.

o EXPRESSUM FACIT CESSARE TACITUM, where a Statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or CONSTRUCTION, be extended to other matters.

o These also follows that when a statute specifically lists downs the exceptions,


what is not list down as an exception is ACCEPTED express in the maxim EXCEPTIO FIRMAT REGULAM IN CASIBUS NON EXCEPTIS, the express exception, exemption or savings excludes others.

Negative-Opposite Doctrine. What is expressed puts an end to what is implied is known as negative-opposite doctrine or argumentum a contrario.

F. Ejusdem Generis. The same kind or specie. This is to give effect to both the particular and general words, by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not specifically named by the particular words.

o The rule of ejusdem generis is not of

universal application; it should be used to carry out, not to defeat the intent or purpose of the law; the rule must give way in favor of the legislative intent;

o Limitations of ejusdem generis requisites: 1. Statue contains an enumeration of particular and specific words, followed by a general word or phrase; 2. The particular and specific words constitute a class or are of the same kind; 3. The enumeration of the particular and specific words is not exhaustive or is not merely by examples; 4. There is no indication of legislative intent to give general words or phrases a broader meaning.

G. Casus omissus pro omisso habendus est. A

person, object or thing omitted from an enumeration must be held to have been omitted intentionally. This rule is not absolute if it can be shown that the legislature did not intend to exclude the person, thing or object from the enumeration. If such legislative intent is clearly indicated, the COURT may supply the omission if to do so will carry out the intent of the legislature and will not do violence to its language.

H. Pari Materia. Of the same subject or matter.

o Another rule of statutory construction requires the presumption that, in enacting statutes, the CONGRESS has full knowledge of existing law and interpretations thereof . Although the repeal of statutes by implication is not favored, if two statutes are in pari materia, then to the extent that their provisions are irreconcilably inconsistent and repugnant, the latter enactment repeals or amends the earlier enacted statute.

o Reason: The legislature is presumed to know the law when enacting legislation.

I. Noscitur A Sociis. Associated words. When general and specific words are grouped, the general words are limited by the specific and will be construed to embrace only objects similar in nature to those things identified by the specific words.

o If a statute expressly excepts a class which would otherwise fall within its terms, the exception negates the idea that any other class is to be excepted.

J. Ubi lex non distinguit nec nos distinguere

debemus. When the law does not distinguish, do not distinguish.

K. Cessante ratione legis, cessat ipsa lex. When the reason of the law ceases, the law itself ceases.

L. Salus populi est suprema lex. The

safety/welfare of the people is the supreme law.

o [Calalang v. William] o Social justice is "neither communism, nor despotism, nor atomism, nor anarchy," but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the


Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.

IX. RULES OF CONSTRUCTION FOR SPECIFIC LAWS

A. The Constitution must be construed in its entirety as one, single document.

It is generally worded for it to be flexible. No technical meaning, except technical words which have well-understood meaning.

B. Penal Laws should be construed strictly against the State and in favor of the accused.

Penal laws are construed liberally in favor of the accused

C. Tax Laws, in case of doubt, are to be construed strictly against the government and liberally in favor of the taxpayer, for taxes, being burdens, are not to be presumed beyond what the applicable statute expressly and clearly declares.

A claim for exemption from a tax statute is strictly construed against the taxpayer. However, where the law is clear and ambiguous, the law must be taken as it is, devoid of judicial addition or subtraction.

Statutes granting tax exemptions must be construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority. Exceptions: When applicable to government, charitable, education and religious purposes; reason: Constitution says so.

D. Labor Laws are liberally construed in favor of

labor/worker.

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 favor.

E. Rules of Court shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding. Exceptions: Reglementary period, period of filing a revival, should be mandatory applied.

F. Insurance laws/Contracts of insurance are to

be construed liberally in favor of the insured and strictly against the insurer. Reason: It is a contract of adhesion, where the insured merely signs his agreement.

G. Naturalization laws should be rigidly enforced

and strictly construed in favor of the government and against the applicant.

H. Expropriation laws shall be construed in favor of the National Government.

I. Elections laws shall be construed in a way not

to defeat the will of the electorate.

J. Wills shall be construed in favor of the testamentary disposition.

notes on atty. clemente’s statutory construction syllabus [2015-2016]

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