Statutory Construction Week 2 to 5

Definition of Law; Statutes: Enactment and Parts of Statutes; Presidential Issuances and Ordinances, Statutes: Validity of Statues and Effect and Operation, Construction and Interpretation, Aids to Construction: General and Legislative History

What is Law according to Aquinas?

Law is an ordinance of reason for the common good, made by Him who has care of the community, and promulgated

Hierarchy of Laws in Numerical Order

1. The Constitution

2. Statutes

3. Implementing Rules and Regulations

4. LGU Ordinances

Enumerate the Three Inherent Powers of the State

• Police Power

• Power of Eminent Domain

• Power of Taxation

Police Power

A plenary power of the State that limits the freedom and resources to citizens on the grounds of benefiting society.

Eminent Domain

The power to take possession of privately-owned land for public purposes so long as the owner of said land is properly compensated

Power of taxation

The process of collecting money (known as taxes) based on income and property from citizens to fund government functions.

Laws

A rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.

Statutes

A written law passed by a legislative body

Enumerate the parts of a statute

• Title

• Preamble

• Enacting Clause

• Body

• Repealing Clause

• Saving Clause

• Separability Clause

• Effectivity Clause

Title Requirement

Section 26.1 of the Constitution: Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

Enumerate the process of passing a statute

• Filing

• First Reading

• Second Reading

• Third Reading

• Transmitted to the other chamber following same process.

• Signed by the President

If the bill is not approved by the other House and amendments are introduced, what would be the next action?

Differences will be settled by the Conference Committees of both houses and report and recommendation of the two Conference Committees will have to be approved by both houses in order to be considered pass

If the President vetoes a bill, can it still be a law?

Yes. If 2/3 of the House to which the bill originated from, it will be sent to the other chamber for approval. Afterwards, it is then following the same process of voting and if 2/3 approves, it then becomes a law.

The President vetoed a bill 31 days after their Office received it. Is the veto still valid?

No. The process of passing a statute requires the President to act on a bill within 30 days of receipt. Otherwise, the bill will be a law as if they have signed it.

What bills are exclusive to the House of Representatives?

• Appropriation bills

• Revenue bills

• Tariff bills

• Bills authorizing increase of public debt

• Bills of local application

• Private bills

Enrolled bill doctrine

A principle followed by courts to which they assume that the bill signed into law followed all enactment procedures.

A person filed suit claiming that there has been a discrepancy between the enrolled law and the journal. What should the Court follow?

The court should follow the enrolled bill as it prevails over the journal.

Enumerate the Presidential Issuances

• Administrative Order

• Executive Order

• Memorandum Order

• Memorandum Circular

• General or Specific Orders

What is administrative rule?

Binding on the courts even if they are not in agreement with the policy stated therein or with its innate wisdom

What is administrative interpretation?

Merely an advisory for it is the courts that finally determine what the law means

Law-making bodies of LGUs

• Sangguniang Barangay

• Sangguniang Bayan

• Sangguniang Panglungsod

• Sangguniang Panglalawigan

What are the requirements of a valid ordinance?

• Must not contravene the Constitution or any statute

• Must not be oppressive

• Must not be partial or discriminatory

• Must not prohibit but may regulate trade

• Must be general and consistent with public policy

• Must not be unreasonable

Why is every statute presumed to be valid?

• It lies in how the law is enacted

• It is due respect to the legislative who passed and the executive who approved

• The responsibility of upholding the constitution also lies on the legislative and executive departments.

Can trial courts declare a statute invalid for being unconstitutional?

Yes. This function also extends to lower courts, considering the consequences of a declaration of unconstitutionality upon the stability of laws.

What are the requisites before a court can pass upon the constitutionality of a statute?

• Existence of an appropriate case

• An interest personal and substantial by the party raising the constitutional question

• The plea that the function be exercised at the earliest opportunity

• The necessity that the constitutional question be passed upon in order to decide the case

What are the exceptions of deciding cases without justiciable controversy?

• There is a grave violation of the Constitution

• The exceptional character of the situation and the paramount public interest is involved

• When constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public

• The case is capable of repetition yet evading review

Barangay Malaya has issued an ordinance that four-wheeled vehicles parked on streets will be fined and towed unless garaged. Mr. Cruz owns a motorcycle, but he filed a case against the Barangay challenging the validity of passing the ordinance. Does Mr. Cruz have an interest in the case?

No. All petitioners must have locus standi before filing a case in court. Locus standi is defined as having direct harm from a law or action. The ordinance was directed at people who have four-wheeled vehicles. Mr. Cruz only owns a motorcycle; hence, he does not have locus standi with the ordinance.

What are the requisites of locus standi?

• A direct injury or imminent threat of harm

• A causal connection between the injury and the conduct being challenged

• A likelihood that a favorable court decision will remedy the injury

When is the law’s constitutionality raised?

• At the earliest possible opportunity

• In criminal cases, at any stage in the proceedings or on appeal

• In civil cases, whenever the question is necessary to the decision

Can a court breach procedure when constitutionality is raised?

Yes.

If the President issues an internal memorandum and it is NOT PUBLISHED, is it still in effect?

Yes. The requirement of publishing Presidential Issuances only applies to matters concerning the public. Internal issuances are not covered with the publishing requirement.

When is an ordinance valid?

• When it is stated

• 10 days from the date it was posted in a bulletin board at the entrance of the provincial capitol or city, municipality or barangay hall, and in at least 2 other conspicuous places in the local government unit concerned

When is a law in effect if the date is not specified?

Only after the fifteen-day period following its complete publication, which may either be on the 15th or on the 16th day depending on the language used by the Congress in fixing the effectivity date of the statute.

When is a law in effect if it’s on the 15th day?

If the law declares that it shall become effective “15 days after its publication.”

When is a law in effect if it’s on the 16th day?

If the law declares that it shall be effective “after 15 days following its publication.”

When is a law in effect if its immediate effectivity or effectivity upon approval is implied?

It is effective immediately after its complete publication and NOT after signing by the President.

Territorial and personal effect of statutes

Effective to all people within the jurisdiction of the Philippines

If one is born on October 4, 1946, when do they turn one year old?

October 4, 1947

What is the “Exclude the first, include the last” principle?

In computing any period of time, the count should begin on the first day after the day of the act, and the final day shall be included UNLESS the last day falls on a Sunday or a legal holiday, to which the last day shall be the following day that is not a Sunday or a legal holiday.

John shot Dan in the leg. Dan was hospitalized and eventually recovered. After sixty days of careful consideration, Dan filed a case against John on a Monday, but the court rejected the petition, stating that the day he filed was the 61st day from when the crime was committed. Dan argued that the 60th day was a Sunday and that it should be extended until the following day. Was the court’s decision valid?

Yes. The principle of “exclude the first, include the last” does not apply to criminal cases even if the last day falls on a Sunday or a legal holiday as the offense has by then already prescribed.

What is the difference between construction and interpretation?

• Construction is drawing warranted conclusions not always included in direct expression

• Interpretation is finding the true meaning behind the language used

What is the purpose of rules in Statutory Construction?

The purpose is to ascertain and give effect to the intent of the law

What is legislative intent?

Intent is the spirit which gives life to legislative enactment. The ascertainment of legislative intent depend more on a determination of the purpose and object of the law.

What is legislative purpose?

The reason why a particular statute was enacted by legislature.

What is legislative meaning?

What the language of the law means

Where is legislative intent sourced?

• The statute itself as a primary source

• Legislative history

• Purpose of the statute

• Looking into effect of the law

Why cannot the legislative branch construe laws?

If the legislature declares what a law means, it will cause confusion. It will be violative of the fundamental principles of the constitution of separation powers.

When is a case moot and academic?

• When its purpose becomes stale

• When no practical relief can be granted

• When relief has no practical effect

What are exceptions to dismissing mootness of cases?

• Capability of repetition

• Public interest

  • Collateral consequences

May judicial interpretations be set aside?

The interpretation of a statute or a constitutional provision by the courts is not so sacrosanct as to be beyond modification or nullification.

What are the situations wherein the Supreme Court interpretation is overruled?

None. Only the Supreme Court can overrule its own interpretations.

What are the instances where the court can construe a statute?

When there is doubt and is susceptible of more than one interpretation.

What is verba legis?

If a statute is clear, plain, and free from ambiguity, it must be accorded its literal meaning without using any other rule of interpretation.

What are limitations on power to construe?

• Courts may not enlarge nor restrict statutes

• The court merely interprets regardless of whether or not they are wise or salutary.

What are some rules for using the preamble as an aid to construction?

• The preamble can neither expand nor restrict its operation, much less prevail over its text. Nor can be used as basis for giving a statute a meaning.

• When the statute is ambiguous, the preamble can be resorted to clarify the ambiguity.

• It may express the legislative intent to make the law apply retroactively in which case the law has to be given retroactive effect.

Context of the text

The statute is to be taken as a whole and NOT as a single provision.

Punctuation marks

Follows grammatical rule, minor impact on argument and thus not persuasive

In 1918, Mr. Kennedy was a citizen of the United States who wrote and left a will in Philippine Territory, which was ruled valid for execution under Section 636 of the Code of Civil Procedure that states “…which is executed in accordance with the law of the state or country of which he is a citizen or subject...”

Mr. Kennedy had left his belongings to his children from his second marriage. But upon the knowledge of his daughter, Ms. Kennedy, she filed suit for her father’s belongings and argued that section 636 is not applicable to the will of a citizen of the United States residing in these islands as the letter “s” in state is not capitalized. Is the capitalization of the letter “S” subject for construction?

No. The law clearly states that “state” refers to a country outside of Philippine territory, to which the United States is considered. The argument does not weight as the law is a convenient index.

Do headnotes/epigraphs have weight in construing a statute?

No. When the text of a statute is clear and unambiguous, there is neither necessity nor propriety to resort to the headings or epigraphs of a section for interpretation of the text, especially when they are mere reference aids indicating the general nature of the text that follows.

What is the complete sole basis of courts when construing laws?

The intent/spirit of the law.

Which aid in construction seeks to determine the mischief it is trying to suppress?

Purpose of law

When are dictionaries used as an aid?

When the statute does not give definition of the words or phrases used.

When are presumptions used as an aid?

When the use of logic, experience and common sense can be based off of it.

What does legislature history include?

• Explanatory Note

• Legislative debates, views and deliberations

• Reports of commissions

• Prior laws from which statute is based

• Change in phraseology by amendment

• Amendment by deletion

• Adopted statutes

• Principles of common law

• Conditions at time of enactment

• History of the times

How is explanatory note used as an aid?

• Used to give effect to the purpose or intent as disclosed in its explanatory note.

• Used as a basis for giving a statute a meaning that is inconsistent with what is expressed in the text.

How are legislative debates used as an aid?

It is only used as an assistance in interpreting laws

How are commission reports used as an aid?

Commissions are usually formed to compile and collate all laws on a particular subject and to prepare the draft of the proposed code.

How are prior laws as basis used as an aid?

Used to investigate the antecedents, used by interpreting codes, revised or compiled statutes

How are change in phraseology used as an aid?

A statute undergoing several amendments because of the different language used at an earlier version of the law.

How is amendment in deletion used as an aid?

Deleting certain words or phrases in a statute indicates that the legislature intended to change the statute's meaning.

What are exceptions of amendment in deletion?

An amendment of the statute indicates a change in meaning from what the statute initially had, but this applies only when the intention is straightforward to change the previous meaning of the old law.

How are adopted statutes used as an aid?

Local statutes are patterned after or copied from those of another country, the decision of the courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes.

How are conditions in the time of enactment used as an aid?

In enacting a statute, the legislature is presumed to have taken into account the existing conditions of things at the time of its enactment, considering the physical conditions of the country and the circumstances then obtain understanding.

How is history of the times used as an aid?

Examining the state of things existing when the statute was enacted.

What is contemporaneous construction?

The constructions placed upon statutes at the time of or after their enactment by the executive, legislative, or judicial authorities, as well as by those who are involved in the process of legislation, are knowledgeable of the intent and purpose of the law.

When is contemporaneous construction disregarded?

If the court has previously constructed the law, it will disregard the contemporaneous construction and will follow its own interpretation.

Why are contemporaneous construction given weight?`

Agencies are presumed to have familiarized themselves with all the considerations pertinent to the meaning and purpose of the law, and to have formed an independent, conscientious and competent expert opinion thereon.

What is legislative interpretation?

Take form of an implied consent to, or approval of, an executive or judicial construction of a statute.

What is legislative reenactment?

Implicitly adopting well-settled judicial or administrative interpretations of the law.

What is the doctrine of stare decisis?

One should follow past precedents and should not disturb what has been settled.

What is an obiter dictum?

Opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it, not a direct ruling of a case.

What is the plain-meaning rule?

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

What is dura lex, sed lex?

When the law is clear, it is not susceptible of interpretation. It must be applied regardless of who may be affected, even if it may be harsh or onerous

What if there is a need to amend, repeal or change the statute?

Remedy may be done through a legislative process, not by judicial decree

Literal import yield to intent

Intent carries more weight than the literal interpretation of the law.

If there is ambiguity in the literal translation of the statute, shall it be taken to its literal meaning?

No. The intent must still prevail. If there are no implied exceptions in the statute, then the purpose of the law must be followed.

When can clerical errors be corrected?

As long as the meaning intended is obvious and no specific provision abolishes it.

What is the rule for when courts encounter a conflicting provision?

Duty of the court to harmonize conflicting provisions to give effect to the whole law; to effectuate the intention of legislature

What is the presumption that the construction should be for right and justice?

That the legislature did not intend to work a hardship or an oppressive result, possible abuse of authority or act of oppression, arming one person with a weapon to impose hardship on the other.