1

STATUTORY CONSTRUCTION REVIEWER E. Use of Negative and Affirmative Words .............. 19

F. Use of Permissive and Imperative Words ............ 20
[DAYRIT 2018]
G. Use of Conjunctive and Disjunctive Words ......... 21
Table of Contents
I. Statutory Construction, Defined ................................. 2 I. Use of a “Proviso” ................................................ 21

II. The Objective of Statutory Construction ................... 3

(Legislative Intent) ......................................................... 3 VII. Presumptions ......................................................... 23
III. The Requisites for Statutory Construction ................ 4 A. Against Unconstitutionality................................. 23
B. Against Injustice .................................................. 23

IV. Statutes in General ................................................... 6 C. Against Implied Repeals ...................................... 24

A. The Power to Make Laws ...................................... 6 D. Against Ineffectiveness ....................................... 25

B. The Passage of a Law ............................................ 6 E. Against Absurdity ................................................ 25

C. The Constitutional Test ......................................... 7 F. Against Violations of International Law ............... 26

D. Parts of a Statute .................................................. 7

E. Kinds of Statutes ................................................... 8 VIII. Intrinsic Aids ......................................................... 27
F. Void for Vagueness Doctrine ................................. 9 IX. Extrinsic Aids ........................................................... 28
G. Kinds of Repeal: Express v. Implied ...................... 9 X. Strict and Liberal Interpretation ............................... 30
H. Statutes vis a vis Ordinances .............................. 10 A. Penal Statutes ..................................................... 30
B. Tax Laws .............................................................. 30

V. Basic Guidelines in Statutory Construction .............. 11 C. Labor and Social Legislations............................... 31

A. Verba Legis (Plain Meaning Rule) ....................... 11 D. Election Rules ..................................................... 31

B. Statutes as a Whole: Ut res magis valen quam

pereat ..................................................................... 12 XI. Prospective and Retrospective Statutes.................. 33
C. Spirit and Purpose of the Law: Ratio legis est anima XII. Conflicting Statutes ................................................ 35
legis......................................................................... 13 XIII. Statutory Construction and the Constitution ........ 39
D. Doctrine of Necessary Implication: Ex Necessitate
Legis ........................................................................ 14
E. Casus Omissus pro omisso habendus est ............ 15
F. Stare Decisis ........................................................ 15

VI. USE OF WORDS AND PHRASES ............................... 17

A. Ubi lex non distinguit nec nos distinguere debemos
................................................................................ 17
B. Ejusdem Generis ................................................. 17
C. Expressio Unius Est Exclusio Alterius .................. 19
D. Noscitur A Sociis ................................................. 19

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 2

STATUTORY CONSTRUCTION REVIEWER The art of finding out the true The drawing of conclusions,
sense of any form of words, that respecting subjects that lie
is, the sense which their author beyond the direct expressions of
I. Statutory Construction, Defined
intended to convey, and of the text, from elements known
enabling others to derive from from and given in the text;
▪ The art or process of discovering and expounding the them the same idea which the conclusion which are in the spirit,
meaning and intention of the authors of the law with author intended to convey. though not within the letters of
respect to its application to a given case, where that the text.

intention is rendered doubtful, among others by reason

of the fact that the given case is not explicitly provided
for in the law (Caltex [Philippines], Inc. vs. Palomar, 18 Note: Both processes may be used in seeking the
SCRA 247) legislative intent in a given statute. If legislative intent is
not clear after the completion of interpretation, then the
▪ The art of seeking the intention of the legislature in court will proceed to subject the statute to construction.
enacting a statute and applying it to a given state of facts
(Martin, Statutory Construction)

▪ Branch of the law dealing with the interpretation of laws

enacted by a legislature (American Jurisprudence)

Note: Where legislature attempts to do several things one

of which is invalid, it may be discarded if the remainder of
the act is workable and in no way depends upon the
invalid portion, but if that portion is an integral part of the
act, and its excision changes the manifest intent of the act
by broadening its scope to include subject matter or
territory which was not included therein as enacted, such
excision is “judicial legislation” and not statutory
construction

Construction and Interpretation, Distinguished

Interpretation Construction
Process of discovering the true Drawing of conclusions with
meaning of the language used respect to subjects that are
beyond the direct expression of
the text from elements known and
given in the text
The court will resort to this when The court resorts to this when the
it endeavors to ascertain the court goes beyond the language of
meaning of a word found in a the statute and seeks the
statute, which when considered assistance of extrinsic aids in order
with the other words in the to determine whether a given case
stature, may reveal a meaning falls within the statute
different from that apparent when
the word is considered abstractly
or when given its unusual
meaning.
Limited to exploring the written Can go beyond and may call in the
text aid of extrinsic considerations

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 3

II. The Objective of Statutory Construction detectaphone or walkie-talkie or tape recorder, or

(Legislative Intent) however otherwise described.

▪ To ascertain the meaning and intention of the 1. The statute's intent to penalize all persons
legislature, to the end that the same may be enforced. unauthorized to make such recording is underscored by
the use of the qualifier "any".
Note: This meaning and intention must be sought first in
the language of the statute itself, for it must be presumed 2. Communication connotes the act of sharing or
that the means employed by the legislature to express its imparting, as in a conversation.
will are adequate to the purposes and do express that will
correctly. Gerbert R. Corpuz v. Daisylyn Tirol Sto. Tomas and the
Solicitor General, G.R. No. 186571, August 11, 2010
To determine the true intent of the legislature, the Does the second paragraph of Article 26 of the Family
particular clauses and phrases of the statute should not Code extend to aliens the right to petition a court of this
be taken as detached and isolated expression. jurisdiction for the recognition of a foreign divorce
decree? No
Doctrine #1
Legislative intent is determined principally from the Art.26 of the Family Code provides:
language of a statute
Where a marriage between a Filipino citizen and a
Socorro Ramirez v. Hon. Court of Appeals and Ester S. foreigner is validly celebrated and a divorce is thereafter
Garcia (G.R. No. 93833, September 25, 1995) validly obtained abroad by the alien spouse capacitating
1. Does R.A. 4200 apply to taping of a private conversation him or her to remarry, the Filipino spouse shall likewise
by one of the parties? Yes have capacity to remarry under Philippine law.
2. Does the phrase “private communication” in the
statute include private conversations? Yes Legislative Intent:
The provision was enacted to avoid the absurd situation
First, legislative intent is determined principally from the where the Filipino spouse remains married to the alien
language of a statute. Where the language of a statute is spouse who, after obtaining a divorce, is no longer
clear and unambiguous, the law is applied according to its married to the Filipino spouse.
express terms, and interpretation would be resorted to
only where a literal interpretation would be either
impossible 11 or absurd or would lead to an injustice.

Section 1 of R.A. 4200 entitled, " An Act to Prohibit and

Penalized Wire Tapping and Other Related Violations of
Private Communication and Other Purposes," provides:

Sec. 1. It shall be unlawful for any person, not being

authorized by all the parties to any private
communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 4

III. The Requisites for Statutory Construction Doctrine #2

When the law is clear, it is not susceptible of
▪ There must be an actual case or controversy interpretation. It must be applied regardless of who may
A case must be brought to the court by party litigants to be affected, even if the law may be harsh or erroneous.
hear and settle disputes. If there is no case or controversy,
there is no way for the court to construe or interpret a Olivia S. Pascual and Hermes Pascual v. Esperanza C.
law. Pascual Bautista, et al. (GR No. 84240, March 25, 1992)
Should the term “illegitimate children” be strictly
▪ There is ambiguity in the law involved in the controversy construed to refer only to spurious children? No
The law involved is susceptible of two or more
interpretations. Ambiguity exists if reasonable persons Article 992 of the civil Code, provides:
can find different meanings in a statute.
An illegitimate child has no right to inherit ab intestato
Note: Only when the law is ambiguous or of doubtful from the legitimate children and relatives of his father
meaning may the court interpret or construe its true or mother; nor shall such children or relatives inherit
intent. in the same manner from the illegitimate child.

Doctrine #1 Clearly the term "illegitimate" refers to both natural and

When the law speaks in clear and categorical language, spurious. The above provision (iron curtain rule) is clear,
there is no room for interpretation, vacillation, or and therefore must only be applied.
equivocation, there is room only for application.
Doctrine #3
Director of Lands v. Court of Appeals (G.R. No. 102858, July Only when the law is ambiguous or of doubtful meaning
28, 1997) may the court interpret or construe its true intent.
Can the land registration court validly confirm and
register the title of private respondents in the absence of Abello et al. v. Commissioner of Internal Revenue et al. (G.R.
publication in a newspaper of general circulation? No No. 120721, February 23, 2005)
Are political contributions considered gifts and therefore,
Sec. 23 of P.D. 1529 read as follows: liable for donor’s tax? Yes
xxx
The Commissioner of Land Registration shall cause Section 91 of the National Internal Revenue Code (NIRC)
notice of initial hearing to be published once in the reads:
Official Gazette and once in a newspaper of general
circulation in the Philippines: (A) There shall be levied, assessed, collected and paid
xxx upon the transfer by any person, resident or non-
resident, of the property by gift, a tax, computed as
The law used the term “shall” in prescribing the work to provided in Section 92
be done by the Commissioner of Land Registration. The (B) The tax shall apply whether the transfer is in trust
said word denotes an imperative and thus indicates the or otherwise, whether the gift is direct or indirect, and
mandatory character of a statute. Admittedly, there was whether the property is real or personal, tangible or
failure to comply with the explicit publication intangible.
requirement of the law. The law is unambiguous and its
rationale clear. Article 725 of said Code defines donation as:

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 5

…an act of liberality whereby a person disposes

gratuitously of a thing or right in favor of another, who
accepts it.

Taken together with the Civil Code definition of donation,

Section 91 of the NIRC is clear and unambiguous, thereby
leaving no room for construction.

Doctrine #4
The first and fundamental duty of the Courts is to apply
the law

People of the Philippines v. Mario Mapa Y Mapulong (G.R.

No. L-22301, August 30, 1967)
Is being a secret agent to a provincial governor justify the
crime of illegal possession of firearm and ammunition? No

The law is explicit that except as thereafter specifically

allowed, "it shall be 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. The law cannot be any
clearer. No provision is made for a secret agent. As such
he is not exempt.

Doctrine #5
The duty of the Courts is to apply the law disregarding
their feeling of sympathy or pity for the accused.

People of the Philippines v. Patricio Amigo (G.R. No.

116719, January 18, 1996)
Can an accused plead for sympathy to the courts due to
his harsh penalty? No

Dura Led Sed Lex (The law is harsh, but it is the law)

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 6

IV. Statutes in General 3.1 Period of Debates and Amendments

Immediately after the second reading, the bill is set for
A. The Power to Make Laws open debates where members of the House may
▪ Lodged in the legislative department propose amendments and insertions to the proposed
bill. If the Senate/ Congress is not happy with the
substitute bill, it will be sent back to the committee.
▪ The legislative power shall be vested in the Congress of
After the amendments, the said House will vote to
the Philippines which consist of a Senate and a House of approve the bill as amended.
Representatives (Article VI, Section 1, 1987 Philippine
Constitution) Note: After the amendments and insertions to the
proposed bill, the ideal bill as conceived by the author
B. The Passage of a Law may no longer be an ideal bill or vice versa, i.e., it may
become a better bill after deliberations and debates
which should be the proper case.
HOW DOES A BILL BECOME A LAW?
3.2 Printing of Final Copies of Bill
STEP #1: FILING OF BILL After the approval of the bill in its 2nd reading and at
A bill should first be filed by a congressman or senator, least three (3) calendar days before its final passage,
who must affix his signature in the proposed bill stating the bill is printed in its final form and copies thereof
his purpose. The bill will then be calendared for the first distributed to each of the members of such House
reading. unless the President certifies the necessity of the
immediate enactment of the bill to meet a public
calamity or emergency.
STEP #2 FIRST READING OF BILL
In the first reading, the bill is read by its number and
title only. There are no deliberations here yet. There STEP # 4 THIRD READING OF BILL
will only be recommendations on what committee it The bill is then calendared for the 3rd and final reading.
will be referred to. At this stage, no amendment shall be allowed. Only the
title of the bill is read.
2.1 Committee Hearings
When a bill is referred to an appropriate committee, a 4.1 Voting
public hearing of related bills will be conducted, where Such House will then vote on the bill. The votes shall be
all necessary parties, persons, organizations or sectors determined by yeas and nays of the members that is
of societies involved will be invited to obtain their entered in the Journal. A majority of members present
reactions and feelings on the proposed bill. Then after constituting a quorum is sufficient to pass the bill.
the public hearing, the committee shall decide
whether or not to report the bill favourably or Note: Quorum is 51% of the number of the body or 50%
whether a substitute bill should be considered. + 1 depending on their internal rules.

Note: Should there be an unfavourable report of the Note: If the NO vote wins, the proposed bill is dead.
committee, then the proposed bill is dead.
4.2 Repeat the Same Process with the Other House
Upon favourable action by the appropriate After the 3rd and final reading at one House where the
committee, the bill is returned to House where it bill originated, it will go to the other house where it will
originated and shall be calendared for the second undergo the same process, meaning another three
reading. readings on separate days.

STEP #5 RECONCILIATION OF BILLS

STEP #3 SECOND HEARING OF BILL
After the approval of the bill on the three readings of
In the 2nd reading, the bill is read in its entirety. both Houses, the bill is sent to the bicameral
conference committee where there will be

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 7

reconciliation of the 2 versions of the bill from both that they may have opportunity of being heard thereon
houses. by petition or otherwise, if the shall so desire.

2. Three Readings and No Amendment

No bill passed by either House shall become a law unless
STEP #6 APPROVAL & SIGNING OF BILL (CONGRESS)
it has passed three readings on separate days, and printed
After the said reconciliation, the bill will be returned to
copies thereof in its final form have been distributed to
the plenary for voting. If approved by both houses, the
Speaker and the Senate President will sign it, and it will each member three days before its passage, except when
become an enrolled bill. the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. Upon
the last reading of a bill, no amendment there to shall be
allowed, and the vote thereon shall be taken immediately
STEP #7 SUBMISSION OF BILL (PRESIDENT) thereafter, and the yeas and nays entered in the journal
After the bill has been finally passed, it will be (Art. VI, Sec. 26 [2], 1987 Constitution)
submitted to the president.
3. Executive Approval and Veto Power
7.1 Approval & Signing or Vetoing of Bill
If he approves the same, he shall sign it; otherwise he The President shall have the power to veto any particular
shall veto it and return the same with his objections to item or items in an appropriation, revenue, or tariff bill,
the house where it originated, which shall enter the but the veto shall not affect the item or items to which he
objections at large in its Journal and proceed to does not object (Art. VI, Sec. 27 (2), 1987 Constitution).
reconsider it. (See above discussion on steps of a passage of a bill)

7.2 Overriding the Veto of the Bill

D. Parts of a Statute
If, after such reconsiderations, 2/3 of all the members
of such House shall pass the bill, it shall be sent, with
the objections, to the other house, by which it will also 1. Title
be reconsidered, and if approved by 2/3 of the The title of a statute is the heading on the preliminary
members of that House the bill shall become a law. For part, furnishing the name by which the act is individually
it to become effective, it shall need to be published. known. It is usually prefixed to the statute in the form of
a brief summary of its contents; as “An Act providing a
Every bill passed by Congress shall be acted upon by
special procedure for the reconstitutions of Torrens
the President within thirty (3) days from receipt
thereof. Otherwise, it shall become laws as if he had Certificate of Title Certificate of Title lost or destroyed.”
signed it.
2. Preamble
C. The Constitutional Test That part of a statute explaining the reasons for its
enactment and the objects sought to be accomplished.
1. “One Title-One Subject” Rule Usually, it starts with the word “whereas”. Generally, a
Every bill passed by Congress shall embrace only one preamble is a declaration by the legislature of thre
subject which shall be expressed in the title thereof (Art. reasons for the passage of the statute and is helpful in the
VI, Sec. 26 [1], 1987 Constitution) interpretation of any ambiguities within the statute to
which it is prefixed.
The purposes of this constitutional requirement are:
1. To prevent hodgepodge or log-rolling legislation 3. Enacting Clause
2. To prevent surprise or fraud upon the legislature. That part of the statute which declares its enactment and
3. To fairly apprise the people, through such publications serves to identify it as an act of legislation proceeding
of legislative proceedings as is usually made, of the from the proper legislative authority. “Be it enacted” is
subjects of legislation that are being considered, in order the usual formula used to start this clause.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 8

4. Body law, concerned with the organization of the state, the

The main and operative part of the statute containing its relations between the state and the people who compose
substantive and even procedural provisions. Proviso and it, the responsibilities of public officers to the state, to
exceptions may also be found in the body of the statute. each other, and to private persons, and the relations of
states to one another. Public law may be general, local, or
5. Repealing Clause special law.
That part of the statute which announces the prior
statutes or specifies provisions which have been 5. Private Law
abrogated by reason of the enactment of the new law. Those portions of the law which defines, regulates,
enforces, and administers relationships among
6. Saving Clause individuals, associations and corporations.
A restriction in a repealing act, which is intended to save
rights, pending proceedings, penalties, etc., from the 6. Remedial Statute
annihilation which would result from an unrestricted A statute providing means or method whereby causes of
repeal. action may be effectuated, wrongs redressed and relief
obtained.
7. Separability Clause
That part of the statute which provides that in the even 7. Curative Statute
that one or more provisions are declared void or A form of retrospective legislation which reaches back
unconstitutional, the remaining provisions shall still be in into the past to operate upon past events, acts or
force. transactions in order to correct errors and irregularities
and to render valid and effective many attempted acts
8. Effectivity Clause which would otherwise be ineffective for the purpose
That part of the statute which announces the effective intended.
date of the law.
8. Penal Statute
E. Kinds of Statutes A statute that defines criminal offenses and specify
corresponding fines and punishments.
1. General Law
One that affects the community at large. A law that 9. Prospective Law
relates to a subject of a general nature, or that affects all A law applicable only to cases which shall arise after its
people of the state or all of a particular class. enactment

2. Special Law 10. Retrospective Law

A law is special when it is different from others of the A law which looks backward or contemplates the past;
same general kind or designed for a particular purpose, or one which is made to affect acts or facts occurring, or
limited in range or confined to a prescribed field of action rights occurring, before it came into force.
on operation.
11. Affirmative Statute
3. Local Law A statute couched in the affirmative or mandatory terms.
A law which relates or operates over a particular locality One which directs the doing of an act, or declares what
instead of over the whole territory of the state. shall be done in contrast to a negative statute which is
one that prohibits a thing from being done, or declares
4. Public law what shall not be done.
A general classification of law, consisting generally of
constitutional, administrative, criminal, and international

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 9

12. Mandatory Statutes specifies a standard though defectively phrased in which

Generic term describing statutes which require and not case, it may be “saved” by proper construction.
merely permit a course of action. They are characterized
by such directives as “shall” and not “may”. It must further be distinguished from statutes that are
apparently ambiguous yet fairly applicable to certain
A “mandatory” provision in a statute is one the omission types of activities. In that event, such statutes may not be
of which renders the related proceedings void, while a challenged whenever directed against such activities.
“directory” provision is one the observance of which is
not necessary to the validity of the proceedings. It is also (Cited Jurisprudence in the Book)
said that when the provision of a statute is the essence of
the thing required to be doe, it is mandatory; otherwise, Parker vs. Levy
when it relates to form and manner, and when an act is A prosecution originally under the U.S. Uniform Code of
incidental or acquired after jurisdiction, it is merely Military Justice (prohibiting, specifically, “conduct
directory. unbecoming an officer and gentleman”), the defendant,
an army officer who had urged his men not to go to
F. Void for Vagueness Doctrine Vietnam and called the Special Forces trained to fight
A statute is vague, and therefore facially invalid, if it lacks there thieves and murderers, was not allowed to invoke
comprehensive standards that men of common the void for vagueness doctrine on the premise that
intelligence must necessarily guess at its meaning and accepted military interpretation and practice had
differ as to its application. provided enough standards, and consequently, a fair
notice that his conduct was impermissible.
It is repugnant to the Constitution in two respects:
(1) It violates due process for failure to accord persons, Estrada vs Sandiganbayan
especially the parties targeted by it, fair notice of the In upholding the constitutionality of the Plunder Act
conduct to avoid. which was assailed as unconstitutional for being vague,
(2) It leaves law enforcers unbridled discretion in carrying the Supreme Court held: “The test in determining
out its provisions and becomes an arbitrary flexing of the whether a criminal statute is void for uncertainty is
Government muscle. whether the language conveys a sufficiently definite
warning as to the proscribed conduct when measured by
But the act must be utterly vague on its face, that is to say, common understanding and practice. It must be stressed,
it cannot be clarified by either a saving clause or by however, that the “vagueness” doctrine mere requires a
construction. reasonable degree of certainty for the statute to be
upheld – not absolute precision or mathematical
Coates v. City of Cincinnati (402 U.S. 611, 1971) exactitude.
The U.S. Supreme Court struck down an ordinance that
had made it illegal for “three or more persons to assemble G. Kinds of Repeal: Express v. Implied
on any sidewalk and there conduct themselves in a
manner annoying to persons passing by.”Clearly, the Express Repeal Implied Repeal
ordinance imposed no standards at all “because one may Abrogation or annulling of Happens when a later law
never know in advance what annoys some people but a previously existing law contains provisions so
does not annoy others. by the enactment of a contrary to/irreconcilable
subsequent statute which with those of the earlier
Note: Coates, highlights what has been referred to as a declares that the former law that only one of the
“perfectly vague” act whose obscurity is evident on its law shall be revoked and two statutes can stand in
face. It is to be distinguished, however, from legislations abrogated. force.
couched in imprecise language but which nonetheless

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 10

Two Categories of Implied Repeal

(1) Irreconcilable Inconsistency

Where provision in the two acts on the same subject
matter are in an irreconcilable conflict that they cannot
be reconciled or harmonized.

(2) Substitution
If the later act covers the whole subject of the earlier one
and is clearly intended as a substitute.

H. Statutes vis a vis Ordinances

An ordinance is an act passed by the local legislative body
in the exercise of its law-making authority.

Under the LGC of 1991, the legislative bodies of the local

government are the sangguniang barangay for each
barangay; the sangguniang bayan for the municipality;
the sangguniang panglungsod for the city; and the
sanggunang panlalawigan for the province.

All these local legislative bodies have the authority to

approve ordinances and pass resolutions for effective and
efficient local governance.

Test of Valid Ordinance

1. It must not contravene the Constitution or any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable

Note: In case of conflict between an ordinance and a

statute, the ordinance must give way.

Ratio: Municipal governments are only agents of the

national government, who exercise only delegated
legislative powers by Congress. The delegate cannot be
superior to the principal or exercise powers higher than
those of the latter.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 11

V. Basic Guidelines in Statutory Construction The law is clear. Sec 3(a) requires an unjust accusation,
conviction, and imprisonment. The fact that one is
A. Verba Legis (Plain Meaning Rule) acquitted is not proof that he was unjustly accused.
If the language of the statute is plan and free from
ambiguity, and expresses a single, definite, and sensible An accused may be acquitted not because he is innocent
meaning, that meaning is conclusively presumed to be the of the crime charged, but because his guilt is not proven
meaning which the legislature intended to convey. beyond reasonable doubt and the evidence presented is
only sufficient to sustain a civil action for damages.
In other words, the statute must be interpreted literally.
The explicit declaration of the legislature is the law, and Doctrine #3
the courts must not depart from it. Where the words of a statute are clear, plain, and free
from ambiguity, it must be given its literal meaning and
Doctrine #1: applied without attempted interpretation
Verbal legis non est recedendum, or from the words of a
statute, there should be no departure. PAGCOR v. Philippine Gaming Jurisdiction Inc. (G.R. No.
177333, April 24, 2009)
Globe Mackay Cable and Radio Communications v. Can the words “games” and “amusement” in the said
National Labor Relations Commission and Imelda Salazar statute be interpreted to include “games of chance”? No
(G.R. No. 82511, March 3, 1992)
Can a company dismiss their employee even if there is no The words “game” and “amusement” have definite and
evidence to show an authorized, much less a legal, cause unambiguous meanings in law which are clearly different
for the dismissal? No from “game of chance” or gambling.

Art. 279 of the Labor Code reads: Bolos v. Bolos (G.R. No. 186400, October 20, 2010)
…An employee who is unjustly dismissed from work shall Does the phrase refer “Under the Family Code” of Sec. 1
be entitled to reinstatement without loss of seniority of AM No. 02-11-10-SC refer to marriages or petitions? It
rights and other privileges and to his full backwages. refers to marriages.

If a statute is clear, plain and free from ambiguity, it must The law reads as follows:
be given its literal meaning and applied without This Rule shall govern petitions for declarations of
attempted interpretation. absolute nullity of void marriages and annulment of
voidable marriages under the Family Code of the
Doctrine #2 Philippines.
When the language of the law is clear, it should be given
its natural meaning. (The marriage in this case was solemnized before the FC
took effect. The petitioner is arguing that “under the
Felicito Basbacio v. Office of the Secretary of the Family Code” refers to petitions and not marriages
Department of Justice (G.R. No. 109445, November 7, because her annulment will not be granted if it refers to
1994) marriages).
Under R.A. 7309, is one’s acquittal proof that one was
unjustly accused? No The categorical language of A.M. No. 02-11-10-SC leaves
R.A. 7309, sec. 3(a) provides for the payment of no room for doubt. The coverage extends only to those
compensation to “any person” who was unjustly accused, marriages entered into during the effectivity of the Family
convicted, imprisoned but subsequently released by Code which took effect on August 3, 1988.
virtue of a judgment of acquittal.”

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 12

B. Statutes as a Whole: Ut res magis valen quam pereat inoperative should be avoided; instead, apparently
(Construction is to be sought that which gives effect to inconsistent provisions should be reconciled whenever
the whole of the statute) possible as parts of a coordinated and harmonious whole.

Legislative intent must be ascertained from a Radiola Toshiba Philippines, Inc. v. The Intermediate
consideration of the statute as a whole and not merely of Appellate Court (G.R. No. 75222, July 18, 1991)
a particular provision. A statute should be construed as Is the levy on attachment in favor of the petitioner
whole because it is not to be presumed that the dissolved by the insolvency proceedings against
legislature has used any useless words, and because it is respondent spouses commenced 4 months after said
dangerous practice to base the construction upon only a attachment? No
part of it, since one portion may be qualified by other
portions. Petitioner: Section 32 of the Insolvency Law provides that
an insolvency proceeding It shall dissolve any attachment
Doctrine #1: levied within one month next preceding the
In interpreting a statute, care should be taken that every commencement of the insolvency proceedings.
part be given effect.
Respondents: Section 79 of the said law provides that
JMM Promotions and Management, Inc. v. National Labor when an attachment has been made and is not dissolved
Relations Commission and Ulpiano L. De Los Santos (G.R. before the commencement of proceedings in insolvency,
No. 109835, November 22, 1993) or is dissolved by an undertaking given by the defendant,
Should a petitioner still be required to post an appeal if the claim upon which the attachment suit was
bond to perfect its appeal from a decision of the POEA to commenced is proved against the estate of the debtor,
the NLRC after having posted a total bond of P150,000 the plaintiff may prove the legal costs and disbursements
and placed in escrow the amount of P200,000 as required of the suit, and of the keeping of the property, and the
by the POEA Rules? Yes amount thereof shall be a preferred debt.

Respondent: Rule VI, Section 6 of the new Rules of The provision of the above-quoted Section 32, of the
Procedure of the NLRC provides that “an appeal by the Insolvency Law is very clear — that attachments dissolved
employer may be perfected only upon the posting of a are those levied within one (1) month next preceding the
cash or surety bond”. commencement of the insolvency proceedings and
judgments vacated and set aside are judgments entered
Petitioner: Section 4 and Section 17, Rule II, Book II of the in any action, including judgment entered by default or
POEA Rules provides that the bonds (paid by the consent of the debtor, where the action was filed within
petitioners) shall answer for all valid and legal claims thirty (30) days immediately prior to the commencement
arising from violations of the conditions for the grant and of the insolvency proceedings. In short, there is a cut off
use of the license, and/or accreditation and contracts of period — one (1) month in attachment cases and thirty
employment. (30) days in judgments entered in actions commenced
prior to the insolvency proceedings. Section 79, on the
The POEA Rules are clear. A reading thereof readily shows other hand, relied upon by private respondents, provides
that in addition to the cash and surety bonds and the for the right of the plaintiff if the attachment is not
escrow money, an appeal bond in an amount equivalent dissolved before the commencement of proceedings in
to the monetary award is required to perfect an appeal insolvency, or is dissolved by an undertaking given by the
from a decision of the POEA. defendant, if the claim upon which the attachment suit
was commenced is proved against the estate of the
Section 6 complements Section 4 and Section 17. The rule debtor. Therefore, there is no conflict between the two
is that a construction that would render a provision provisions.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 13

Doctrine #3 repurchase by the applicant, his widow, or legal heirs

The intention of the legislator must be ascertained from within a period of five years from the date of the
the whole text of the law and every part of he act is to be conveyance.
taken into view.
Respondent’s Interpretation: The petitioner is not among
Hannah Eunice Serana v. Sandigabayan (G.R. No. 162059, the “legal heirs” mentioned because she acquired the
January 22, 2008) property through sale and not through inheritance
Does the Sandiganbayan have jurisdiction over the crime
of estafa even if that crime was not among those offenses Petitioner’s Interpretation: I am a legal heir because I am
enumerated in R.A. 8249 (which further defined the the daughter of the patentee. Hence, I can repurchase the
jurisdiction of the SB) over which the SB has jurisdiction? property.
Yes
To indorse the distinction made by the private
P.D. 1606 (which created the SB) provides that the SB has respondent would be to contravene the very purpose of
jurisdiction over “other other offenses or felonies” Section 119 of the Public Land Act which is to give the
committed by public officials in relation to their office. homesteader or patentee every chance to preserve for
Plainly, estafa is one of those felonies. himself and his family the land that the State had
gratuitously given him as a reward for his labor in clearing
C. Spirit and Purpose of the Law: Ratio legis est anima and cultivating it.
legis
(The reason of the law is the soul of the law) Doctrine #2
When the reason of law ceases, the law itself ceases
When the interpretation of a statute according to the
exact and literal import of its words would lead to absurd B/Gen. Jose Commendador et al. v. B/Gen. Demetrio
or mischievous consequences, or would thwart or Camera et al. (G.R. No. 96948, August 2, 1991)
contravene the manifest purpose of the legislature in its Did P.D. 39, which created the Military Tribunals and
enactment, it should be construed according to is spirit disallowed peremptory challenges, ceased when Martial
and reason, disregarding or modifying, so far as may be Law was terminated, and military tribunals were
necessary, the strict letter of the law. dissolved? Yes

Note: Still use plain meaning rule if statute is With the termination of martial law and the dissolution of
unambiguous the military tribunals created thereunder, the reason for
the existence of P.D. No. 39 ceased automatically.
Doctrine #1 Therefore, the withdrawal of the right to peremptory
Between two statutory interpretation, that which better challenge became ineffective. Peremptory challenges are
serves the purpose of the law should prevail. now allowed again.

Elena Salenillas and Bernardino Salenillas v. Hon. Court of Doctrine #3

Appeals et al. (G.R. No. 78687, January 31, 1989) What is controlling is the spirit and intent, not the letter,
Is a daughter of a patentee disqualified from being a legal of the law
heir of her parent’s property when she had acquired the
property through sale and not through inheritance? No
In the Matter of Application for the Issuance of a Writ of
Section 119 of the Public Land Act provides that “every Habeas Corpus Richard Brian Thornton for and in behalf of
conveyance of land acquired under the free patent or the minor child Sequeria Jenifer Delle Francisco Thornton
homestead provisions, when proper, shall be subject to (G.R. No. 154598, August 16, 2004)

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 14

Can the CA have jurisdiction to issue writs of habeas are extended benefits under R.A. 6683 but the former are
corpus in cases involving custody of minors even if R.A. not.
8369 gave family courts “exclusive jurisdiction over
petitions for habeas corpus”? Yes Every statute is understood, by implication, to contain all
such provisions as may be necessary to effectuate its
The intention of R.A. 8369 was not to revoke the object and purpose, or to make effective rights, powers,
jurisdiction of CA and SC, in which such revocation will privileges or jurisdiction which it grants, including all such
result to lack of recourse on the part of those seeking collateral and subsidiary consequences as may be fairly
relief. and logically inferred from its terms.

A literal interpretation of the word “exclusive” will result City of Manila and City Treasurer v. Judge Amador E.
in grave injustice and negate the policy to protect the Gomez et al. (G.R. No. L-37251, August 31, 1981)
rights and promote the welfare of children under the Is a tax ordinance, that provided for additional one-half
Constitution and the UN Convention on the Rights of the percent realty tax, valid? Yes
Child.
Allowed Realty Realty Tax
D. Doctrine of Necessary Implication: Ex Necessitate Legis Tax Percentage Percentage that
(From the necessity of the law) to be Collected are Actually
By the City Collected
The implications and intendments arising from the Council
language of a statute are as much a part of it as if they had Revised Charter 1 ½% 1½%
been expressed. But it is only the necessary implications of Manila
which may thus be read. Mere desirability and plausibility Special
alone will not meet the test. Education Fund 1% with a limit 1%
Law of 3% in the
In order to meet the test, the implication must be so total tax
strong in its probability that the contrary thereof cannot Real Property
be reasonably supposed. Tax Code (By ½ % - 2% ½%
Ordinance)
Note: Intent as expressed must prevail over the intent Total 3%
reached by implication. If the intent is expressed, there is
nothing that can be implied.
The doctrine of implications in statutory construction
Doctrine #1 sustains the City of Manila's contention that the
What is implied in a statute is as much a part thereof as additional one-half percent realty tax is sanctioned by the
that which is expressed. provision in section 4 of the Special Education Fund Law
that "the total real property tax shall not exceed a
Lydia O. Chua v. The Civil Service Commission et al. (G.R. maximum of three per centum.
No. 88979, February 7, 1992)
Can a co-terminous employee avail of the benefits of R.A. The obvious implication is that an additional one-half
6683 when the law only provides benefits for regular, percent tax could be imposed by municipal corporations.
temporary, casual, and emergency employees? Yes Inferentially, that law fixed at two percent the realty tax
that would accrue to a city or municipality.
A co-terminous employee is a non-career civil servant,
which has no fixed term, like casual and emergency
employees. The court sees no solid reason why the latter

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 15

E. Casus Omissus pro omisso habendus est Doctrine #2

(a person or thing omitted from an enumeration must be A thing omitted must be considered to have been omitted
held to have been omitted intentionally) intentionally

It is when a statute makes specific provisions in regard to Sps. Nereo & Nieva Delfino v. St. James Hospital Inc. (G.R.
several enumerated cases or objects, but omis to make No. 166735, November 23, 2007)
any provision for a case or object whih is analogous to Can a hospital still be allowed in a residential zone when
those enumerated, or which stands upon the same the new zoning ordinance excluded it among those
reason, and is therefore within the general scope of the allowed in the residential and now enumerates it under
statute, and it appears that such case or object was the institutional zone? No
omitted by inadvertence or because it was overlooked or
unforeseen. With the omission of the phrase "hospital with not more
than ten capacity" in the new Zoning Ordinance, and the
Doctrine #1 corresponding transfer of said allowable usage to another
The rule of “casus omissus pro omisso habendus est” can zone classification, the only logical conclusion is that the
operate and apply only if and when omission has been legislative body had intended that said use be removed
clearly established. from those allowed within a residential zone. Thus, the
construction of medical institutions, such as St. James
People v. Manantan (G.R. No. L-14129, July 31,1962) Hospital, within a residential zone is now prohibited
Are justices of peace included in the prohibition of Sec. 54 under the 1991 Zoning Ordinance.
of the Revised Election Code?
F. Stare Decisis
Petitioner: Section 54 of the said Code only includes (Follow past precedents and do not disturb what has
justices and judges in the prohibition. This section was already been settled)
taken from Section 449 of the Revised Administrative
Code which prohibits justices of peace from influencing When court has once laid down a principle of law as
elections. Section 54 omitted the words “justice of the applicable to a certain state of facts, it will adhere to that
peace”. Therefore, the omission revealed the intention of principle, and apply it to all future cases where facts are
the legislature to exclude justices of peace from its substantially the same, regardless of whether the parties
operation. and property are the same.

SC: The legislature did not exclude or omit justices of the Doctrine #1:
peace from the enumeration of officers precluded from Follow past precedents and do not disturb what has been
engaging in partisan political activities. Rather, they were settled. Matters already decided on the merits cannot be
merely called by another term. In the new law, or Section relitigated again and again.
54 of the Revised Election Code, justices of the peace
were just called "judges." J.M Tuason and Co., Inc. et al. v. Mariano, et al. (G.R. No. L-
33140, October 23, 1978)
Our law-making body has consistently prohibited justices Can an Original Certificate of Title and the titles derived
of the peace from participating in partisan politics. They therefrom still be questioned even when its validity has
were prohibited under the old Election Law since 1907 already been upheld in many previous cases? No
(Act No. 1582 and Act No. 1709). Likewise, they were so
enjoined by the Revised Administrative Code. Another
which expressed the prohibition to them was Act No.
3387, and later, Com. Act No. 357.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 16

Tala Realty Services Corp. v. Banco Filipino Savings and

Mortgage Bank, G.R. No. 132051, June 25, 2001
Can a prior ruling in another case involving the same
parties and the same issues but on different properties in
the present case be applied in the case at bar? Yes

Prior ruling: The 11-year contract is a forged document

while the 20-year old contract is authentic.

J.R. A. Phils. Inc. v. Commissioner of Internal Revenue, G.R.

No. 177127, October 11, 2010
Is the failure to print the word “zero-rated” on the
invoices/ receipts fatal to a claim for credit/ refund of
input VAT on zero-rated sales? Yes

Courts are bound by prior decisions. The issue in this case

has been squarely resolved in a prior case.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 17

VI. USE OF WORDS AND PHRASES The word “appeal” includes meritorious and non-
meritorious appeals.
A. Ubi lex non distinguit nec nos distinguere debemos
(When the law does not distinguish, courts should not Doctrine #3
distinguish) When the law does not make any exceptions, courts
shouldn’t make any.
Doctrine #1
When the law does not distinguish, courts should not Cecilio de Villa v. Court of Appeals (G.R. No. 87416, April 8,
distinguish. The rule, founded on logic, is corollary of the 1991)
principle that general words and phrases of a statute Is a check drawn against a dollar account with a foreign
should ordinarily be accorded their natural and general bank not covered by B.P. 22, which is an act penalizing the
significance making or drawing and issuance of a check without
sufficient funds or credit? No
Philippine British Assurance Co., Inc. v. The Honorable
Intermediate Appellate Court (G.R. No. L-72005, May 29, Foreign checks, provided they are either drawn and
1987) issued in the Philippines through payable outside thereof
Can the words “any judgment” be construed to be limited are within the coverage of B.P. 22. The law does not
to final and executory judgments? No distinguish the currency involved in the case and neither
should the courts.
When the law speaks of “any judgment” which maybe
charged against the counterbond, it should be B. Ejusdem Generis
interpreted to refer not only to a final and executory (Where general words follow an enumeration of persons
judgment in the case but also a judgment pending appeal. or things, by words a particular, and specific meaning such
general words are not to be construed in their widest
Juanito Pilar v. Commission on Elections (G.R. No. 115245, extent, but are to be held as applying only to persons or
July 11, 1995) things of the same kind or class as those specifically
Can the words “every candidate” be construed to include mentioned)
those who have withdrawn their certificate of candidacy?
No Doctrine #1
General terms may be restricted by specific words, with
The term “every candidate” must be deemed to refer not the result that the general language will be limited by the
only to a candidate who pursued his campaign, but also specific language, which indicates the statute’s object and
to one who withdrew his candidacy. purpose" is applicable only to cases where, except for one
general term, all the items in an enumeration belong to
Doctrine #2 or fall under one specific class.
If the courts make no distinction, neither should the
court. Colgate-Palmolive Philippines, Inc. v. Hon. Pedro M.
Jimenez (G.R. No. L-14787, January 28, 1961)
People v. Hon. Judge Antonio Evangelista et al. (G.R. No. Is the import of dental cream stabilizers and flavors
110898, February 20, 1996) exempt from special excise tax imposed by the Exchange
In the provision of of P.D. 1990, which states that “no Tax Law? Yes
application for probation shall be entertained or granted
if the defendant has perfected the appeal from the Sec. 2 of the law reads:
judgment of conviction”, can the word “appeal” in this The tax collected under the preceding section on foreign
real be construed to exclude meritorious appeals? No exchange used for the payment of the cost,
transportation and/or other charges incident to

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 18

importation into the Philippines of rice, flour, canned

milk, cattle and beef, canned fish, soya beans, butter, fat, E.O. No. 2 freezes "all assets and properties in the
chocolate, malt syrup, tapioca, stabilizer and flavors, Philippines in which former President Marcos and/or his
vitamin concentrate, fertilizer poultry feed; xxx shall be wife, Mrs. Imelda Romualdez Marcos, their close
refunded to any importer making application therefor, relatives, subordinates, business associates, dummies,
upon satisfactory proof of actual importation under the agents, or nominees have any interest or participation.
rules and regulations to be promulgated pursuant to
section seven thereof . Applying ejusdem generis, the term "subordinate" as
used in E.O. Nos. 1 and 2 would refer to one who enjoys
Respondent: “stabilizer and flavors” mentioned in the law a close association or relation with former Pres. Marcos
refers only to those used in the preparation or and/or his wife, similar to the immediate family member,
manufacture of food or food products since general terms relative, and close associate in E.O. No. 1 and the close
must be restricted by specific terms. Since all the items relative, business associate, dummy, agent, or nominee in
preceding “stabilizers and flavors” may be classified as E.O. No. 2.
food or food products, it should then be construed to only
include food products. There was no prima facie showing that the respondent
unlawfully accumulated wealth by virtue of his close
SC: However, the other items following it do not belong in association or relation with former Pres. Marcos and/or
the same classification. Thus "fertilizer" and "poultry his wife. Therefore, he is not within the jurisdiction of the
feed" do not fall under the category of food or food PCGG.
products because they are used in the farming and
poultry industries, respectively. "Vitamin concentrate" Doctrine #3
appears to be more of a medicine than food or food Rule of ejusdem generis is merely a tool of statutory
product, for, as a matter of fact. It should also here be construction resorted to when legislative intent is
stated that "cattle", which is among those listed uncertain
preceding the term in question, includes not only those
intended for slaughter but also those for breeding People v. Hon. Vicente B. Echavez, Jr. et al. (G.R. Nos. L-
purposes. 47757-61, January 28, 1980)
Does P.D. 772, which penalizes squatting and similar acts,
Doctrine #2 apply to agricultural lands because? No
Where general words follow an enumeration of persons
or things, by words a particular, and specific meaning such The phrase “and for other purposes” in the decree does
general words are not to be construed in their widest not included agricultural purposes because its preamble
extent, but are to be held as applying only to persons or does not mention the Secretary of Agriculture and makes
things of the same kind or class as those specifically reference to the affluent class.
mentioned
Doctrine #4
Republic v. Hon. Eutropio Migrinio et al. (G.R. No. 89483, General and unlimited terms are restrained and limited
August 30, 1990) by the particular terms they follow in the statute
Can a Lt. Colonel be investigated and caused to be
prosecuted by the agency of the PCGG? No Misael P. Vera et al. v. Hon. Serafin R. Cuevas et al. (G.R.
Nos. L 33693-94, May 31, 1979)
The Whereas Clauses of E. O. No. 1 express the urgent Can the words “all milk, in whatever form, from which the
need to recover the ill-gotten wealth amassed by former fatty part has been removed totally or in part” stated in a
President Ferdinand E. Marcos, his immediate family, provision with a headnote that reads: “Section 169.
relatives, and close associates both here and abroad.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 19

Inscription to be placed on skimmed milk” be construed to Because of the distinct and definite meanings alluded to
include filled milk? No the two terms by the zoning ordinance, respondents
could not insist that "gasoline service station" under
The use of the specific and qualifying terms "skimmed Section 44 necessarily included "gasoline filling station"
milk" in the headnote and "condensed skimmed milk" in under Section 21. Indeed, the activities undertaken in a
the text of the cited section, would restrict the scope of "gas service station" did not automatically embrace those
the general clause "all milk, in whatever form, from which in a "gas filling station.
the fatty pat has been removed totally or in part." In other
words, the general clause is restricted by the specific term D. Noscitur A Sociis
"skimmed milk" under the familiar rule of ejusdem (Associated words explain and limit each other.)
generis that general and unlimited terms are restrained
and limited by the particular terms they follow in the When a word used in a statute is ambiguous or vague, its
statute. meaning may be made clear and specific by considering
the company in which it is found and the meaning of the
C. Expressio Unius Est Exclusio Alterius terms which are associated with it.
(The express mention of one person, thing or
consequence is tantamount to an express exclusion of all The meaning of a doubtful wourd or phrase may be
others.) ascertained by reference to the meaning of other words
or phrases with which it is associated and that, where
San Pablo Manufacturing Corporation v. Commissioner of several things are referred to, they are presumed to be of
Internal Revenue (G.R. No. 147749, June 22, 2006) the same class when connected by a copulative
Can the exportation made by the purchaser of the conjunction, unless a contrary intent plainly appears.
materials enumerated in the exempting clause or the
manufacturer of products utilizing the said material be Doctrine #1
covered by the tax exemption of the 1987 Tax Code? No Where a particular word is equally susceptible of various
meanings, its correct construction may be made specific
The tax exemption applied only to the exportation of by considering the company of terms in which it is found
rope, coconut oil, palm oil, copra by-products and or with which its is associated.
dessicated coconuts, whether in their original state or as
an ingredient or part of any manufactured article or Dra. Brigida S. Buenaseda, et al. v. Sec. Juan Flavier, et al.
products, by the proprietor or operator of the factory or (G.R. No. 106719, September 21, 1993)
by the miller himself. Is the word “suspension” in Sec. 13 (3), Art. XI of the
Constitution a punitive measure? Yes
Nowhere did it provide that the exportation made by the
purchaser of the materials enumerated in the exempting All the words associated with the word "suspension" in
clause or the manufacturer of products utilizing the said said provision referred to penalties in administrative
materials was covered by the exemption. Since SPMC’s cases, e.g. removal, demotion, fine, censure. Under the
situation was not within the ambit of the exemption, it rule of Noscitor a sociis, the word "suspension" should be
was subject to the 3% miller’s tax imposed under Section given the same sense as the other words with which it is
168 of the 1987 Tax Code. associated.

Parayno v. Jovellanos et al. (G.R. No. 148408, July 14, 2006) E. Use of Negative and Affirmative Words
Can a gasoline filling station be likened to that of a Negative words and phrases are regarded as mandatory
gasoline service station as provided for in Sec. 44 of the while those in the affirmative are mere directory
Official Zoning Code? No

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 20

Manolo P. Fule v. The Honorable Court of Appeals (G.R. No. Even if the remedy resorted to was wrong, the Court may
L-79094, June 22, 1988) refer the case to the Court of Appeals under Rule 56, Sec.
Can Sec. 4 of Rule 118 which states that “no agreement 6 (2) of the ROC, which provides: (A)n appeal by certiorari
or admission made or entered during the pre-trial taken to the Supreme Court from the RTC submitting
conference shall be used in eveidence against the issues of fact may be referred to the CA for decision or
accused unless reduced to writing and signed by him and appropriate action. This despite the express provision in
his counsel” be considered mandatory? Yes Section 5(f) of the same Rule, which provides that an
appeal may be dismissed when there is error in the choice
By its very language, the Rule is mandatory. Under the or mode of appeal.
rule of statutory construction, negative words and
phrases are to be regarded as mandatory while those in Both Sections 5(f) and 6 of Rule 57 use the term “may”,
the affirmative are merely directory. The use of the term denoting discretion on the part of the Court in dismissing
"shall" further emphasize its mandatory character and the appeal or referring the case to the Court of Appeals.
means that it is imperative, operating to impose a duty
which may be enforced Doctrine #2
The word “must” in a statute like “shall” is not always
F. Use of Permissive and Imperative Words imperative and may be consistent with an exercise of
discretion
Doctrine #1
Use of the word “may” in a statute generally connotes a Loyola Grand Villas Homeowners Association, Inc. v. Court
permissible thing while the word “shall” is imperative. of Appeals (G.R. No. 117188, August 7, 1997) – The word
“must” is not always imperative.
Purita Bersabal v. Hon. Judge Serafin Salvador (G.R. No. L- Can the failure to adopt a code of by-laws of a corporation
35910, July 21, 1978) for its government amount to its dissolution? No
Can the failure of the petitioner to file her memorandum
on time be a valid ground for the dismissal of an appeal? The pertinent provision of the Corporation Code that is
No the focal point of controversy in this case states:

RA 6031 provides that “the parties may submit Sec. 46. Adoption of by-laws. Every corporation formed
memoranda and/or brief with oral argument if so under this Code, must within one (1) month after receipt
requested” of official notice of the issuance of its certificate of
incorporation by the Securities and Exchange
The submission of memoranda is optional on the part of Commission, adopt a code of by-laws for its government
the parties. Being optional on the part of the parties, the not inconsistent with this Code.
latter may so choose to waive submission of the
memoranda. Hence, the Court cannot dismiss the appeal Ordinarily, the word must connotes an imperative act or
of the party waiving the submission of said memorandum. operates to impose a duty which may be enforced. It is
The court just have to decide the case on the basis of the synonymous with ought which connotes compulsion or
evidence and records transmitted from the city or mandatoriness. However, the word must in a statute, like
municipal courts. shall, is not always imperative. It may be consistent with
an exercise of discretion. Thus, if the language of a statute
Jenette Marie B. Crisolog v. Globe Telecom, Inc., et al. (G.R. considered as a whole and with due regard to its nature
No. 167631, December 16, 2005) and object reveals that the legislature intended to use the
Does the court have discretion in dismissing an appeal words shall and must to be directory, they should be given
when there is error in the choice or mode of appeal or that meaning.
refer it to the CA when question of facts is presented? Yes

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 21

As said in the deliberation: the number of days which they respectively have. In
If the filing of the by-laws were late by, perhaps, a day or computing a period, the first day shall be excluded, and
two, I would suppose that might be a tolerable delay, but the last day included.
if they are delayed over a period of months as is
happening now because of the absence of a clear Doctrine #1
requirement that by-laws must be completed within a A “week” means a period of seven consecutive days
specified period of time, the corporation must suffer without regard to the day of the week on which it begins
certain consequences
PNB v. Court of Appeals (222 SCRA 134, May 17, 1993)
Munoz v. COMELEC et al. (G.R. No. 170678, July 17, 2006) Did the appellants notice of sale which were published on
Can the court decide on a case in the COMELEC without March 28, April 11(last day of 2nd week), and April 12 (first
waiting for its consolidation with another case as agreed day of third week) complied with the requirement of
by the parties? Yes publication of once a week and at least three consecutive
weeks? No
While Section 9, Rule 3 of the COMELEC Rules of
Procedure provides that when an action or proceeding The publication effected on April 11, 1969 cannot be
involves a question of law and fact which is similar to or construed as sufficient advertisement for the second
common with that of another action or proceeding, the week because the period for the first week should be
same may be consolidated with the action or proceeding reckoned from March 28, 1969 until April 3, 1969 while
bearing the lower docket number, however, this rule is the second week should be counted from April 4, 1969
only permissive, not mandatory. We have consistently until April 10, 1969. It is clear that the announcement on
held that the term may is indicative of a mere possibility, April 11, 1969 was both theoretically and physically
an opportunity or an option accomplished during the first day of the third week and
cannot thus be equated with compliance in law. Indeed,
G. Use of Conjunctive and Disjunctive Words where the word is used simply as a measure of duration
“And” means conjunction connecting words or phrases of time and without reference to the calendar, it means a
expressing the idea that the latter is to be added to or period of seven consecutive days without regard to the
other taken along with the first. It is not meant to day of the week on which it begins
separate words but is a conjunction used to denote a
joinder or union. Certainly, it would have been absurd to exclude March 28,
1969 as reckoning point in line with the third paragraph
“Or” is a disjunctive particle used to express as alternative of Article 13 of the New Civil Code, for the purpose of
or to give a choice of one among two or more things. It is counting the first week of publication as to the last day
used as an alternative between different or unlike things. thereof fall on April 4, 1969 because this will have the
effect of extending the first week by another day.
As held in jurisprudence, the word and/or may be used
interchangeably insofar as to effectuate the purpose I. Use of a “Proviso”
intended by the legislature as gathered from the whole Proviso is a closure or part of a clause in the statute, the
statute. office of which is either to except something from the
enacting clause, or to qualify or restrain its generality, or
H. Computing Time to exclude some possible ground of misinterpretation.
When the laws speak of years, months, days or nights, it “Provided” is the word used in introducing a proviso.
shall be understood that years are of three hundred sixty-
five days each; months, of thirty days; days, of twenty-
four hours; and nights from sunset to sunrise. If months
are designated by their name, they shall be computed by

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 22

ALU-TUCP v. NLRC et al. (G.R. No. 109902, August 2, 1994)

Can a project employee be a regular employee for
working for more than a year in a company as provided
by Art. 280 of the Labor Code? No

The law reads:

xxx
An employment shall be deemed to be casual if it is not
covered by the preceding paragraph: Provided, That, any
employee who has rendered at least one-year service,
whether such service is continuous or broken, shall be
considered a regular employee with respect to the
activity in which he is employed and his employment shall
continue while such actually exists.

A proviso is to be construed with reference to the

immediately preceding part of the provision to which it is
attached, and not to other sections thereof. In the case at
bar, the proviso in Art. 280 only relates to casual
employees and is not applicable to those who fall within
the definition of said article’s first paragraph, i.e., project
employees.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 23

VII. Presumptions protection and non-impairment clauses of the

In construing a doubtful or ambiguous statute, the Court Constitution? No
will presume that it was the intention of the legislature to
enact a valid, sensible and just law. A franchise is not in the strict sense a simple contract but
rather it is more importantly, a mere privilege specially in
A. Against Unconstitutionality matters which are within the government's power to
Laws are presumed constitutional. To justify nullification regulate and even prohibit through the exercise of the
of a law, there must be a clear and unequivocal breach of police power. Thus, a gambling franchise is always subject
the constitution, not a doubtful and argumentative to the exercise of police power for the public welfare.
implication; a law shall not be declared invalid unless the
conflict with the constitution is clear beyond reasonable There was no violation by PD No. 771 of the equal
doubt. protection clause since the decree revoked all franchises
issued by local governments without qualification or
Doctrine of Separation of Powers exception.
It enjoins on each department a proper respect for the
acts of other departments. Lim et al. v. People et al. (G.R. No. 149276, September 27,
2002)
A law is supposed o have been carefully studied and Is a PD that imposed a higher penalty on the crime of
determined to be constitutional before it was finally estafa (up to 30 years of imprisonment) unconstitutional
enacted. for being violative of the Constitutional prohibition on
infliction of cruel, degrading, and inhuman punishment?
Aris Inc. v. NLRC et al. (G.R. No. 90501, August 5, 1991) No
Is a provision allowing an execution pending appeal of the
reinstatement aspect of a decision of a Labor Arbiter Settled is the rule that a punishment authorized by
unconstitutional for being violative of the due process statute is not cruel, degrading or disproportionate to the
clause of the Constitution in that it is oppressive and nature of the offense unless it is flagrantly and plainly
unreasonable? No oppressive and wholly disproportionate to the nature of
the offense as to shock the moral sense of the
In authorizing execution pending appeal of the community.
reinstatement aspect of a decision of the Labor Arbiter
reinstating a dismissed or separated employee, the law The prohibition against cruel and unusual punishment is
itself has laid down a compassionate policy which, once generally aimed at the form or character of the
more, vivifies and enhances the provisions of the 1987 punishment rather than its severity in respect of its
Constitution on labor and the working-man. It is a valid duration or amount.
exercise of the police power of the State
The punishment just needs to be proportionate to the
Doctrine #1 offense to be in accordance with the Constitution.
All laws are presumed valid and constitutional until or
unless otherwise ruled by the Court. B. Against Injustice
The law should never be interpreted in such a way as to
Lim v. Pacquing et al. (G.R. No. 115044, January 27, 1995) cause injustice as this is never within the legislative intent.
and Guingona et al. v. Reyes et al. (G.R. No. 117263, We presume the good motives of the legislature, is to
January 27, 1995) render justice.
Is a P.D. that revoked all existing franchises and permits
to operate all forms of gambling activities issued by local “Courts are apt to err by sticking too closely to the words
governments unconstitutional for being violative of equal of a law” (Justice Holmes)

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 24

Doctrine #1 The legislature should be presumed to have known the

In case of doubt in the interpretation or application of existing laws on the subject and not to have enacted
laws, it is presumed that the lawmaking body intended conflicting statutes.
right and justice to prevail.
In order to effect a repeal by implication, the later statute
Salvacion v. Central Bank (G.R. No. 94723, August 21, 1997) must be so irreconcilably inconsistent and repugnant with
Should a law that exempts foreign currency deposits from the existing law that they cannot be made to reconcile
attachment sill be applied even if applying it will deprive and stand together.
a rape victim from receiving claim for damages from a
foreigner? No Doctrine #1
In the absence of an express repeal, a subsequent law
In fine, the application of the law depends on the extent cannot be construed as repealing a prior law unless an
of its justice. If the court rules in favor of the provision, irreconcilable inconsistency and repugnancy exists in the
injustice would result especially to a citizen aggrieved by terms of the new and old laws.
a foreign guest.
Berces, Jr. v. Guingona, Jr. et al. (G.R. No. 112099, February
It would be unthinkable, that the questioned provision 21, 1995)
would be used as a device for wrongdoing, and in so Is the later statute repugnant with the former? No
doing, acquitting the guilty at the expense of the
innocent. A.O. 18, Sec. 6 (1987) R.A. 7160, Sec. 68 (1991)
… the Office of the President An appeal shall not prevent a
Doctrine #2 may direct or stay the execution decision from becoming final
of the decision/ resolution/ and executory.
A law should not be interpreted so as to cause an
order appealed from upon such
injustice. terms and conditions as it may
deem just and reasonable.
Alonzo et al. v. Intermediate Appellate Court et al. (G.R. No.
L-72873, May 28, 1987) The provisions of Section 68 of R.A. No. 7160 and Section
Should a law that gives a co-owner the right to repurchase 6 of Administrative Order No. 18 are not irreconcillably
anytime as long as there is no written notice of sale of inconsistent and repugnant and the two laws must in fact
property by the vendor to the co-owners be applied? No be read together.

By requiring written proof of such notice, the court would The first sentence of Section 68 merely provides that an
be closing their eyes to the obvious truth in favor of their "appeal shall not prevent a decision from becoming final
palpably false claim of ignorance, thus exalting the letter or executory." As worded, there is room to construe said
of the law over its purpose. The purpose is clear enough: provision as giving discretion to the reviewing officials to
to make sure that the redemptioners are duly notified. stay the execution of the appealed decision. There is
The co-heirs in this case were undeniably informed of the nothing to infer therefrom that the reviewing officials are
sales although no notice in writing was given them. deprived of the authority to order a stay of the appealed
order.
C. Against Implied Repeals
Repeal of laws by implication is not favoured and that Mecano v. Commission on Audit (G.R. No. 103982,
courts must generally assume their congruent December 11, 1992)
application. Does the enactment of the Administrative Code of 1987
operate to repeal the Revised Administrative Code of
1917? No

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 25

Rev. Admin Code (1917) Admin Code (1987)

Expressly provide for a claim of Does not expressly provide for a GSIS v. City Assessor of Iloilo City et al. (G.R. No. 147192,
reimbursement and medical claim, but instead has a general June 27, 2006)
and hospitalization expenses for repealing clause that repeals all
Is the later law repugnant with the former law? No
a service-connected sickness statutes and provisions
incurred inconsistent with this Code.
Sec. 234 (a), LGC (1991) Sec, 39, R.A. 8291 (1997)
It was claimed that the later act covers the whole subject The tax-exempt status of GSIS Accordingly, notwithstanding
cannot be invoked where the any laws to the contrary, the
of the earlier one and is clearly intended as a substitute.
actual use or beneficial GSIS, its assets, revenues,
However, it is apparent that the new Code does not cover ownership of the properties including all accruals thereto,
nor attempt to cover the entire subject matter of the old under its title has been and benefits paid shall be
Code. There are several matters treated in the old Code conveyed to another person exempt from all taxes,
assessment fees, charges or
which are not found in the new Code, such as the
duties of all kinds.
provisions on notaries public, the leave law, the public
bonding law, military reservations, claims for sickness
There is nothing in RA 8291 which abrogates, expressly or
benefits under Section 699, and still others. Moreover,
impliedly, that particular provision of the LGC. The two
the two laws are not repugnant with each other, so there
statutes are not inconsistent on that specific point, let
can be no implied repeal.
alone so irreconcilable as to compel us to uphold one and
strike down the other.
Republic v. ICC (G.R. No. 141667, July 17, 2006)
Is the later law repugnant with the former law? No
The tax-exempt properties and assets of GSIS referred to
those that remained at its disposal and use, either for
Sec. 40 (g), C.A. 146 Sec. 5 (g), R.A. 7921
investment or for income-generating purposes.
(1936) (1995)
Properties whose actual and beneficial use had been
Allowed NTC to impose fess as Allowed NTC to continue to
reimbursement of its expenses impose such fees and charges as
transferred to private taxable persons, for consideration
related to, among other things, may be necessary to cover or otherwise, were excluded and were thus taxable.
the authorization of public reasonable costs and expenses
services for the regulation and D. Against Ineffectiveness
supervision of the operations of
It is presumed that the legislature intends to impart ot its
telecommunications entities
enactments such a meaning as will render them operative
and effective, and to prevent person from eluding or
There does not even appear to be a conflict between
defeating the. Accordingly, in case of any doubts or
Section 40(g) of the Public Service Act, as amended, and
obscurity, the construction will be such as to carry out
Section 5(g) of R.A. 7925. In fact, the latter provision
those objects.
directs petitioner NTC to continue to impose such fees
and charges as may be necessary to cover reasonable
E. Against Absurdity
costs and expenses for the regulation and supervision of
Statutes must receive a sensible construction such as will
telecommunications entities.
give effect to the legislative intention so as to avoid an
unjust or absurd conclusion.
The absence alone of the word authorization in Section
5(g) of R.A. No. 7921 cannot be construed to mean that
Doctrine #1
petitioner NTC had thus been deprived of the power to
Presumption against undesirable consequences were
collect such fees. As pointed out by the petitioner, the
never intended by a legislative measure.
Commission authorizes, supervises and regulates
telecommunications entities and these functions...
cannot be considered singly without destroying the whole
concept of the Commission's regulatory functions.
Ursua v. Court of Appeals (G.R. No. 112170, April 10, 1996)

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 26

Can a person who used a different name belonging to

another person in a single instance without any sign or
indication that the user intends to be known by this name
in addition to his real name from that day forth be
penalized under the Anti-Alias Law? No

The enactment of C.A. No. 142 as amended was made

primarily to curb the common practice among the
Chinese of adopting scores of different names and aliases
which created tremendous confusion in the field of trade.
C.A. No. 142 thus penalized the act of using an alias name,
unless such alias was duly authorized by proper judicial
proceedings and recorded in the civil register to prevent
business fraud.

While the act of petitioner may be covered by other

provisions of law, such does not constitute an offense
within the concept of C.A. No. 142 as amended under
which he is prosecuted.

F. Against Violations of International Law

The presumption is that all laws passed by Congress are
in conformity with the Declaration of Principles and State
Policies in our Constitution.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 27

VIII. Intrinsic Aids Note: Be that as it may, title and subtitle can be used as
▪ Aids within a statute intrinsic aid in determining legislative intent
▪ Resorted to only if there is ambiguity in the statute.
Doctrine #2
Example: The intent of the law as culled from its preamble and from
▪ Title the situation, circumstances and conditions it sought to
▪ Preamble remedy, must be enforced.
▪ Context or Body of the Statute
▪ Chapter and Section Headings Eugenion v. Drilon et al. (G.R. No. 109404, January 22,
▪ Punctuation 1996)
▪ Interpretation Clause Can a P.D. which was enacted to protective mantle over
helpless citizens who may fall prey to the manipulations
All these are resorted to in order to determine the and machinations of unscrupulous subdivision and
intention of the legislature. condominium sellers be given retroactive effect to justify
a person’s non-payment of his amortization of a property
Doctrine #1 in subdivision that failed to materialize? Yes
Subtitle of the statute can be used as intrinsic aid in
determining legislative intent. From a dedicated reading of the preamble, it is manifest
and unarguable that the legislative intent must have been
Miriam Defensor Santiago et al. v. Comelec et al. (G.R. No. to remedy the alarming situation by having P.D. 957
127325, March 19, 1997) operate retrospectively even upon contracts already in
When a provision providing for a system of initiative and existence at the time of its enactment. Indeed, a strictly
referendum does not provide for subtitle for initiative on prospective application of the statute will effectively
the Constitution, does it mean that it was intended to not emasculate it, for then the State will not be able to
be covered? Yes/No exercise its regulatory functions and curb fraudulent
schemes and practices perpetrated under or in
Majority: While the Act provides subtitles for National connection with those contracts and transactions which
Initiative and Referendum (Subtitle II) and for Local happen to have been entered into prior to P.D. 957,
Initiative and Referendum (Subtitle III), no subtitle is despite obvious prejudice to the very subdivision lot
provided for initiative on the Constitution. This buyers sought to be protected by said law.
conspicuous silence as to the latter simply means that the
main thrust of the Act is initiative and referendum on People v. Echavez, Jr. et al. (G.R. Nos. L-47757-61, January
national and local laws. If Congress intended R.A. No. 28, 1980)
6735 to fully provide for the implementation of the Does P.D. 772, which penalizes squatting and similar acts,
initiative on amendments to the Constitution, it could apply to agricultural lands because? No
have provided for a subtitle therefor, considering that in
the order of things, the primacy of interest, or hierarchy The phrase “and for other purposes” in the decree does
of values, the right of the people to directly propose not included agricultural purposes because its preamble
amendments to the Constitution is far more important does not mention the Secretary of Agriculture and makes
than the initiative on national and local laws. reference to the affluent class.

Dissent: Headings prefixed to titles, chapters and sections

of a statute may be consulted in aid of interpretation, but
inferences drawn therefrom are entitled to very little
weight, and they can never control the plain terms of the
enacting clauses.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 28

IX. Extrinsic Aids however, it spared R.A. 387 On the other hand, it is
▪ Existing aids from outside sources apparent that R.A. No. 387. The answer must be that the
▪ Resorted to if after availing all the intrinsic aids and still Congress of the Philippine saw fit to preserve the
there remain some ambiguity in the statute privileges granted under the Petroleum Law of 1949 in
order to keep the door open to the exploitation and
Example: development of the petroleum resources of the country
▪ History of the enactment of the statute with such incentives as are given under that law.
▪ Opinions and rulings of officials of the government
called upon to execute or implement administrative Doctrine #2
laws Opinions and rulings of officials of the government called
▪ Contemporaneous construction by executive officers upon to execute or implement administrative laws
▪ Actual proceedings of the legislative body command much respect and weight.
▪ Individual statements by members of congress
▪ Author of the law Vera et a. v. Cuevas, et al. (G.R. Nos. L33693-94, May 31,
▪ Reports and recommendations of legislative 1979)
committees Can the words “all milk, in whatever form, from which the
▪ Public Policy fatty part has been removed totally or in part” stated in a
▪ Judicial Construction provision with a headnote that reads: “Section 169.
▪ Construction by the Bar Inscription to be placed on skimmed milk” be construed to
include filled milk? No
Doctrine #1
It is a well-accepted principle that where a statute is The Board of Food Inspection way back in 1961 rendered
ambiguous, courts may examine both the printed pages an opinion that filled milk does not come within the
of the published Act as well as those extrinsic matters that purview of Section 169, it being a product distinct from
may aid in construing the meaning of the statute, such as those specified in the said Section since the removed fat
the history of its enactment, the reasons for the passage portion of the milk has been replaced with coconut oil and
of the bill and purposes to be accomplished by the Vitamins A and D as fortifying substances.
measure.
Doctrine #3
Commissioner of Customs v. ESSO Standard Eastern, Inc. Contemporaneous construction placed upon a statute by
(G.R. No. L-28329, August 7, 1975) executive officers charged with implementing and
Is a company still entitled to a tax exemption on enforcing the provisions of the statutes should be given
importation of custom duties as provided for by an controlling weight, unless such interpretation is clearly
existing law if a later law, which provides the imposition erroneous.
of special import tax on all importation of products, is
passed? Yes PAFLU v. Bureau of Labor Relations et al. (G.R. No. L-43760,
August 21, 1976)
The title of R.A. 387 and the provisions of its three articles Can a doctrine that states that spoiled ballots should be
just cited give a clue to the intent of the Philippine counted in determining the valid votes casts be still
legislature, which is to encourage the exploitation and controlling even if the IRR of the Labor Code provides for
development of the petroleum resources of the country. the contrary? No

Republic Act No. 1394 repealed and revoked six earlier The doctrine cited no longer possesses relevance due to
statutes which had something to do with the imposition the implementation of the present law. This conclusion
of special levies and/or exemption of certain importations derives further support from the deservedly high repute
from the burden of the special import taxes or levies; attached to the construction placed by the executive

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 29

officials entrusted with the responsibility of applying a Doctrine #6

statute. The Rules and Regulations implementing the In case of doubt as to what a provision of a statute means,
present Labor Code were issued by Secretary Blas Ople of the meaning put to the provision during the legislative
the Department of Labor. during the legislative deliberations may be adopted.

Doctrine #4 NAPOLCOM v. De Guzman, Jr. et al. (G.R. No. 106724,

The Court has consistently yielded and accorded great February 9, 1994)
respect to the interpretation by administrative agencies Should the Philippine Constabulary’s retirement age still
of their own rules unless there is an error of law, abuse of be 56 considering that R.A. 6975, which provides for a
power, lack of jurisdiction or grave abuse of discretion retirement age of 60 in the Integrated National Police, is
clearly conflicting with the letter and spirit of the law enacted and the claim that the term INP in that provision
includes both PC and the local police force by virtue of PD
Eastern Telecommunications Philippines, Inc. et al. v. 765? Yes
International Communications Corp. (G.R. No. 135992,
January 31, 2006) Examining the records of the Bicameral Conference
Is a posting of an escrow deposit and performance bond Committee, the court finds that the legislature did intent
required in subsequent authorizations for additional/ new to exclude the members of the PC from the coverage of
areas outside its original roll-out obligation under E.O. Sec. 89 insofar as the retirement age is concerned. Their
109? No retirement age is still 56.

The Deputy Commissioner and Officer-in-Charge of the Doctrine #7

NTC stated in a letter that the escrow deposit and Individual statements by members of Congress on the
performance bond are no longer required in subsequent floor do not necessarily reflect legislative intent.
authorizations due to prior compliance of obligations.
CASCO Philippine Chemical Co., Inc. v. Gimenez (G.R. No. L-
The NTC, being the government agency entrusted with 17931, February 28, 1963)
the regulation of activities coming under its special and Should a provision that provided for the exemption of
technical forte, and possessing the necessary rule-making margin fee of “urea formaldehyde” be construed to as
power to implement its objectives, is in the best position “urea and formaldehyde” by virtue of the intent of the
to interpret its own rules, regulations and guidelines. members of Congress to exempt "urea" and
"formaldehyde" separately as essential elements in the
Doctrine #5 manufacture of the synthetic resin glue called "urea"
Courts may avail themselves of the actual proceedings of formaldehyde", not the latter as a finished product? No
the legislative body to assist in determining the
construction of a statute of doubtful meaning. Individual statements by members of Congress on the
floor do not necessarily reflect the view of the Senate.
De Villa v. Court of Appeals (G.R. No. 87416, April 8, 1991) Much less do they indicate the intent of the House of
Is a check drawn against a dollar account with a foreign Representatives.
bank not covered by B.P. 22, which is an act penalizing the
making or drawing and issuance of a check without
sufficient funds or credit? No

The records of the Batasan, Vol. III, unmistakably show

that the intention of the lawmakers is to apply the law to
whatever currency may be the subject thereof.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 30

X. Strict and Liberal Interpretation strictness as to safeguard the rights of the accused. If the
statute is ambiguous and admits of two reasonable but
Differentiate: Strict v. Liberal Interpretation contradictory constructions, that which operates in favor
of a party accused under its provisions is to be preferred.
Strict Interpretation Liberal Interpretation The principle is that acts in and of themselves innocent
Nothing should be included The meaning of the statute and lawful cannot be held to be criminal unless there is a
within the scope that does may be extended to matters clear and unequivocal expression of the legislative intent
not come nearly within the which come within the spirit to make them such. Whatever is not plainly within the
meaning of the language or reason of the law or provisions of a penal statute should be regarded as
used. within the evils which the
without its intendment.
law seeks to suppress or
Its language must be given correct, although of course,
its exact and technical the statute can under no People v. Walpan Ladjaalam y Milapil, GR Nos. 136149-51,
meaning, with no extension circumstances be given a September 19, 2000
on account of implications or meaning inconsistent with, Can a person be convicted of illegal possession of firearm
equitable considerations; or or contrary to the language under R.A. 8294 when he used said firearm in committing
as has been aptly asserted, used by the legislators. the crime of Direct Assault? No
its operation must be
confined to cases coming Penal laws are construed liberally in favor of the accused.
clearly within the letter of
the plain meaning of RA 8294s simple language is most
the statutes as well as within
favorable to herein appellant. Republic Act No. 8294
its spirit of reason.
penalizes simple illegal possession of firearms, provided
that the person arrested committed no other crime.
The Labor Code of the Philippines expressly provides that
Furthermore, if the person is held liable for murder or
all doubts in the implementation and interpretation of the
homicide, illegal possession of firearms is an aggravating
provisions of this code, including its implementing rules
circumstance, but not a separate offense. Hence, where
and regulations, shall be resolved in favour of labor.
an accused was convicted of direct assault with multiple
attempted homicide for firing an unlicensed M-14 rifle at
The Local Government Code should be liberally
several policemen who were about to serve a search
interpreted in favor of the local government.
warrant, he cannot be held guilty of the separate offense
of illegal possession of firearms. Neither can such
The 1997 Rules of Civil Procedure shall be liberally
unlawful act be considered to have aggravated the direct
construed in order to promote their objective of securing
assault.
a just, speedy, inexpensive disposition of every action and
proceeding.
B. Tax Laws
Tax statutes must be construed strictly against the
A. Penal Statutes government and liberally in favour of the taxpayer.
Penal laws are to be construed strictly against the state
and in favor of the accused.
Tax exemptions are construed strictly agains the taxpayer
and liberally in favour of the taxing authority.
Centeno v. Villalon, et al., GR No. 113092, September 1,
1994
Doctrine #1
Should the phrase “charitable purposes” in P.D.1564,
in case of doubt, tax statutes are to be construed strictly
which prohibits solicitation without permit, be construed
against the Government and liberally in favor of the
to include “religious purpose”? No
taxpayer, for taxes, being burdens, are not to be
presumed beyond what the applicable statute expressly
in the interpretation of a penal statute, the tendency is to
and clearly declares
subject it to careful scrutiny and to construe it with such

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 31

merely anchors his claim on the second rule, he must

Republic v. Intermediate Appellate Court et al., GR No. positively show that the risk of contracting Norma's illness
69344, April 26, 1991 was increased by her working conditions. Petitioner failed
Does a person need to pay his deficiency income taxes to satisfactorily discharge the onus imposed by law.
when they had already paid amnesty taxes of almost
equal amount of the former? No Doctrine #1
Doubts in interpretation of Workmen’s Compensation
Since the person have already paid almost the equivalent and Labor Code should be resolved in favour of the
amount to the Government by way of amnesty taxes worker
under P.D. No. 213, and were granted not merely an
exemption, but an amnesty, for their past tax failings, the Maria E. Manahan v. Employees’ Compensation
Government is estopped from collecting the difference Commission and GSIS, GR No. L-44899, April 22, 1981
between the deficiency tax assessment and the amount Should a claim for death benefit be granted even if there
already paid by them as amnesty tax. is doubt in whether the cause of death was an
occupational disease or not? Yes
Doctrine #2
Tax exemptions must be strictly construed against the The presumption of compensability subsists in favor of
taxpayer and liberally in favor of the state. the claimant.

Misamis Oriental Association of Coco Traders Inc. v. The deceased was in perfect health when he entered
Department of Finance Secretary, et al. (GR No. 108524, government service, and that in the course of his
November 10, 1994) employment, he was treated for epigastric pain. He
Is copra an agricultural product, that is exempted from succumbed to enteric fever.
taxes under Sec. 103 (a) and (b) of the NIRC? No
As a teacher of, the deceased used to eat his meals at the
In interpreting Sec. 103(a) and (b) of the NIRC, the school canteen. He also used the toilet and other facilities
Commissioner of Internal Revenue gave it a strict of the school. It is not improbable that the deceased
construction consistent with the rule that tax exemptions might have contracted the illness during those rare
must be strictly construed against the taxpayer and moments that he was away from his family, since it is
liberally in favor of the state. Copra per se is not food, that medically accepted that enteric fever is caused by
is, it is not intended for human consumption. Simply salmonella organisms which are acquired by ingestion of
stated, nobody eats copra for food. contaminated food or drinks.

C. Labor and Social Legislations Why was the claim for benefit granted in the 2nd case and
The liberal construction and interpretation of labor laws not in the 1st case?
may not be applied where the pertinent provisions of the It is because the 2nd case has introduced “doubt”, an
Labor Code and P.D. 626 are clear and leave no room for essential element for liberal construction, while the 1st
interpretation. has not.

Ramon Corporal v. Employee’s Compensation Commission D. Election Rules

and GSIS, GR No. 86020, August 5, 1994 Statute providing for election contests are to be liberally
Should a claim for compensation benefit be granted even construed to the end that the will of the people in the
if the cause of death of an employee is not among those choice of public officers may not be defeated by mere
enumerated in the law? No technical objections.
Since petitioner admits that his wife died of an ailment
which is not listed as compensable by the ECC and he

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 32

Pahilan v. Tabalba, et al., GR No. 110170, February 21,

1994
Can a notice of appeal be validly substituted by an appeal
brief? Yes

In cases where a record on appeal is required under the

Rules of Court, it has been consistently held that the filing
or presentation and approval of the record on appeal on
time necessarily implies or involves the filing of the notice
of appeal, because the act of taking or perfecting an
appeal is more expressive of the intention to appeal than
the filing of a mere notice to do so.

If the courts can deign to be indulgent and lenient in the

interpretation of the rules respecting ordinary civil
actions involving private parties representing private
interests, with more reason should the rules involving
election cases, which are undoubtedly impressed with
public interest, be construed with the same or even
greater forbearance and liberality.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 33

XI. Prospective and Retrospective Statutes where the owner has not really succeeded in ejecting the
tenants, Congress failed to express an intention to make
General Rule: R.A. 6389 retroactive and to cover ejectment cases on the
Statutes operate prospectively only and never ground of personal cultivation then pending adjudication
retrospectively. by the courts.

Exceptions: Doctrine #2
▪ Unless the legislative intent to the contrary is made Law should only be applied prospectively unless the
manifest either by the express terms of the statute or by legislative intent to give them retroactive effect is
necessary implication expressly declared or is necessarily implied from the
language used.
▪ Penal statutes can be given retroactive effect if it is
favourable to the accused who is not a habitual criminal. Erectors, Inc. v. NLRC et al., GR No. 104215, May 8, 1996
Should a law which vests POEA original and exclusive
▪ Procedural Laws are applicable to actions pending and jurisdiction over all cases, including money claims,
undetermined at the time of their passage. involving Filipino workers for overseas employment and
divest the Labor Arbiter of the same, be given retroactive
▪ Curative Statutes are necessarily retroactive in their effect? No
character because they are those which undertake to
cure errors and irregularities and administrative The rule is that jurisdiction over the subject matter is
proceedings, and which are designed to give effect to determined by the law in force at the time of the
contracts and other transactions between private commencement of the action. At the time, private
parties which other would fail of producing their respondent filed his complaint against the petitioner, the
intended consequences by reason of some statutory prevailing laws were P.D. 1691 and P.D. 1391 which
disability or failure to comply with some technical vested the Regional Offices of the Ministry of Labor and
requirement . the Labor Arbiters with "original and exclusive jurisdiction
over all cases involving employer-employee relations
Doctrine #1 including money claims arising out of any law or contracts
All statutes are to be construed as having only a involving Filipino workers for overseas employment." At
prospective operation unless the purpose and the the time of the filing of the complaint, the Labor Arbiter
intention of the legislature to give them a retrospective had clear jurisdiction over the same.
effect is expressly declared or is necessarily implied from
the language used. The law at bar, E.O. No. 797, is not a curative statute. It
was not intended to remedy any defect in the law. It
Balatbat v. Court of Appeals et al., GR No. 36378, January created the POEA to assume the functions of the
27, 1992 Overseas Employment Development Board, the National
Should Sec. 7 of R.A. 6839, which states that personal Seamen Board and the overseas employment functions of
cultivation is no longer a ground to dispossess an the Bureau of Employment Services.
agricultural lessee of his land holdings, be given
retroactive effect? No Doctrine #3
Penal laws shall have a retroactive effect insofar as they
Sec. 7 of R.A. 6389 cannot be given retroactive effect favor the person guilty of a felony who is not a habitual
because, while during the debates on the bill which was criminal.
eventually enacted into R.A. 6389, there were statements
made on the floor that "the owner will lose the right to
eject after the enactment of this measure" even in cases

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 34

Co v. Court of Appeals, GR No. 100776, October 28, 1993 Doctrine #5

Can a ministry circular which states that a guarantee Curative statutes have retrospective effect
check will no longer be considered as a valid defense in
the crime of B.P. 22, be retroactively applied? No Briad Agro-Development Corporation v. Dela Cerna, GR No.
83225, June 29, 1989
All doubts in which, pursuant to familiar, fundamental Should a provision providing regional directors to have
doctrine, must be resolved in favor of the accused. A jurisdiction on monetary claims be given retroactive
check issued merely to guarantee the performance of an effect even there is already a a case law, which held that
obligation is nevertheless covered by B.P. Blg. 22 — money claims are the exclusive domain of the labor
should not be given retrospective effect to the prejudice arbiters? Yes
of the petitioner and other persons situated, who relied
on the official opinion of the Minister of Justice that such In view of the promulgation of E.O. 111, the said case law
a check did not fall within the scope of B.P. Blg. 22. is no longer good law. E.O. 111 is in the character of a
curative law, that is to say, it was intended to remedy a
Doctrine #4 defect that had attached to the provision subject of the
Procedural laws are retrospective amendment. Plainly, the amendment was meant to make
both the Secretary of Labor (or the various Regional
Ocampo v. Court of Appeals, GR No. 79060, December 8, Directors) and the Labor Arbiters share jurisdiction.
1989
Should a law that bars the accused from presenting
evidence after a motion to dismiss have retroactive
effect? Yes

The law, being procedural, can be applied to pending

cases.

In the case at bar, nowhere does the record show that

accused-petitioner's demurrer to evidence was filed with
prior leave of court, the retroactive effect of the
amendment aforestated would therefore work against
herein petitioner.

By moving to dismiss on the ground of insufficiency of

evidence, accused-petitioner waives his right to present
evidence to substantiate his defense and in effect submits
the case for judgment on the basis of the evidence for the
prosecution. This is exactly what petitioner did, and he
cannot now claim denial of his right to adduce his own
evidence. As the Solicitor General aptly opined,
"petitioner gambled on securing an acquittal, a gamble
which he lost."

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 35

XII. Conflicting Statutes Statute and Ordinance

If there is conflict between the statute and ordinance, the
General Rule: ordinance must give way.
It may happen that in a statue, conflicting clauses and
provisions may arise. If such situation may arise, the Doctrine #1
statute must be construed as a whole. Whenever two statutes of different dates and of contrary
tenor are of equal theoretical application to a particular
The rule is that construction that would render a provision case, the statute of later date must prevail being a later
inoperative should be avoided, instead apparently expression of legislative will.
inconsistent provisions should be reconciled whenever
possible as parts of coordinated and harmonious whole. Doctrine #2
A special law prevails over a general law regardless of
Statutes In Pari Materia their dates of passage, and the special law is to be
It is also not uncommon that statutes relate to the same considered as remaining an exception to the general law.
subject matter, or to the same class of persons or things,
or have the same purpose or object. These are statutes in Philippine National Bank v. Cruz, et al., GR No. 80593,
pari materia December 18, 1989
Which law should govern the case? The Civil Code or the
General Rule: Labor Code? The Labor Code
Statutes in pari materia are to be construed together,
each legislative act is to be interpreted with reference to Article 2241-2245 of the Article 110 of the
other acts relating to the same matter or subject. Civil Code (1949) Labor Code (1974)
Provides that worker’s lien Gives preference to workers in
General and Special Statutes covers unpaid covers unpaid case of bankruptcy or
Rule #1: Give effect to both general and special law wages only and not the liquidation of the employer’s
termination or severance pay business, notwithstanding any
Sometimes we find statutes treating a subject in general
which the workers in this case provision contrary to this law.
terms and another treating a part of the same subject in likewise claimed they were
particularly detailed manner. If this may arise, it is the entitled to.
duty of the court, if possible, to give effect to both.
The Labor Code must prevail. The phrase "any provision
Rule #2: In case of conflict, the special law will prevail of law to the contrary notwithstanding" in the Labor Code
On the other hand, if both statutes are irreconcilable, the indicates that such preference shall prevail despite the
general statute must give way to the special or particular order set forth in Articles 2241 to 2245 of the Civil Code.
provisions as an exception the general provisions. No exceptions were provided under the said article,
henceforth, none shall be considered. Furthermore, the
Rule #3: The special law will still prevail even if the general Labor Code was signed into Law decades after the Civil
law is the later statute Code took effect.
Even if the general statute is a later enactment of the
legislature and broad enough to included the cases in Lopez, Jr v. Civil Service Commission et al., GR No. 87119,
special law unless there is manifest intent to repeal or April 16, 1991
alter the special law, the general law must still give way to Which has the authority to appoint employees of the
the special law Board? The City Council or the mayor? The City Council

Exception: If there is an express repeal or a legislative

intent to repeal the special law, the general law applies.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 36

R.A. 409 (1949) R.A. 5185 (1967) and administrative investigation is health laws, ordinances, rules
found guilty of selling or and regulations and to
Special Law B.P. 337 (1993)
dispensing drugs medicines and recommend the revocation or
General Law other similar substances in suspension of the permits of the
The Board (city council) shall RA: All other employees shall be violation of this act. different establishments to the
appoint and the Vice Mayor appointed by the Provincial City Mayor for violation of
shall sign all appointments of Governor, City or Municipal health laws, ordinances, rules
the other employees of the Mayor upon recommendation and regulations
Board. of the office head concerned.

BP: The city mayor shall: x x x x x

A study of the said laws will show that the authorization
x x (h) Appoint all officers and to operate issued by the FDA is a condition precedent to
employees of the city the grant of a mayor's permit to the drug store seeking to
operate within the limits of the city. This requirement is
There is no doubt that R.A. 409, which provides imperative. The power to determine if the opening of the
specifically for the organization of the Government of the drug store is conformable to the national policy and the
City of Manila, is a special law, and whereas R.A. 5185 and laws on the regulation of drug sales belongs to the FDA.
B.P. 337, which apply to municipal governments in Hence, a permit issued by the mayor to a drug store not
general, are general laws. previously cleared with and licensed by the said agency
will be a nullity.
A special law prevails over a general law — regardless of
their dates of passage — and the special is to be This is not to say, however, that the issuance of the
considered as remaining an exception to the general law. mayor's permit is mandatory once it is shown that the
FDA has licensed the operation of the applicant drug
Doctrine #3 store. This is not a necessary consequence. For while it
When courts are confronted with apparently conflicting may appear that the applicant has complied with the
statutes, they should not declare outright the invalidity of pertinent national laws and policies, this fact alone will
one against the other, but should endeavour to reconcile not signify compliance with the particular conditions laid
them down by the local authorities like zoning, building, health,
sanitation, and safety regulations, and other municipal
Gordon v. Veridiano II et al., GR No. L-55230, November 8, ordinances enacted under the general welfare clause.
1988 This compliance still has to be ascertained by the mayor if
the permit is to be issued by his office. Should he find that
Who has the authority to grant and revoke licenses for the the local requirements have not been observed, the
operation of drug stores in a city? The mayor or the Food mayor must then, in the exercise of his own authority
Drug Administration? The Food Drug Administration under the charter, refuse to grant the permit sought.

R.A. 3720 (1963) R.A. 4645 (1966) Doctrine #4

P.D. 280 (1973) In case of conflict between a general provision of a special
RA: The FDA is empowered to The city mayor is empowered to law and a particular provision of a general law, the latter
issue certificates of compliance grant or refuse municipal should prevail
and revoke or suspend licenses licenses to operate or permits
in case of any violation of the of all classes and to revoke the
provisions and regulations of same for violation of the City of Manila v. Teotico et al., GR No. L-23053, January 29,
this Act. conditions upon which they 1968
were granted. Which law should govern a case where a person fell into
PD: The FDA is authorized to a manhole in the city? R.A. 409 or the Civil Code? The Civil
order the closure, or suspend or The city health officer and his
Code
revoke the license of any drug representatives shall have the
establishment which after power to arrest violators of

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 37

R.A. 409, Sec. 4 (1949) Article 2189 of the The intention of Congress in enacting R.A. 5967 was that
Special Law Civil Code (1949) the salary of a city judge should not be higher than the
General Law salary of the city mayor. The saving clause "Provided,
The city shall not be liable or Provinces, cities and however, That the salary of a city judge shall be at least
held for damages or injuries to municipalities shall be liable for P100.00 per month less than that of the city mayor"
persons or property arising damages for the death of, or
qualifies the earlier provision which fixes the salary of city
from the failure of the Mayor, injuries suffered by, any person
the Municipal Board, or any by reason of defective judges for second and third class cities at P18,000.00 per
other city officer, to enforce the conditions of road, streets, annum. The primary purpose of a proviso is to limit the
provisions of this chapter, or bridges, public buildings, and general language of a statute
any other law or ordinance, or other public works under their
from negligence of said Mayor, control or supervision.
Municipal Board, or other
Doctrine #6
officers while enforcing or It is a basic rule in statutory construction that the
attempting to enforce said enactment of a later legislation which is a general law
provisions. cannot be construed to have repealed a special law

Sec. 4 refers to liability arising from negligence, in general, Laguna Lake Development Authority v. Court of Appeals,
regardless of the object thereof, whereas Article 2189 GR Nos. 120865-71, December 7, 1995
governs liability due to "defective streets," in particular. Which agency of the Government — the Laguna Lake
Since the present action is based upon the alleged Development Authority or the towns and municipalities
defective condition of a road, said Article 2189 is decisive comprising the region — should exercise jurisdiction over
thereon. the Laguna Lake and its environs insofar as the issuance
of permits for fishery privileges is concerned?
Doctrine #5
When there is irreconcilable repugnancy between a R.A. 4850, sec. 4(k) & Local Government Code,
proviso and the body of the statute, the former prevails E.O. 927, sec. 2 Sec. 149
as latest expression of legislative intent Special Law General Law
The Laguna Lake Development Municipalities were granted the
Arenas v. City of San Carlos et al. GR No. L-34024, April 5, Authority shall have exclusive exclusive authority to grant
1978 jurisdiction to issue permits for fishery privileges in municipal
the use of all surface water for waters. The Sangguniang Bayan
Which determines the basis for the salary of judges? The
any projects or activities in or may grant fishery privileges to
body of R.A. 5967, or its proviso? The proviso affecting the said region, erect fish corrals, oyster,
including navigation, mussels or other aquatic beds
R.A. 5967, Sec. 7 (1969) R.A. 5967, Sec. 7 (1969) construction, and operation of or bangus fry area within a
fishpens, fish enclosures, fish definite zone of the municipal
(Body) (Proviso)
corrals and the like. waters.
For the cities of Baguio, Quezon, Provided, however, That the
Pasay and other first class cities, salary of a city judge shall be at
the city judge shall receive one least one hundred pesos per
thousand pesos less than that month less than that of the city The provisions of Republic Act No. 7160 do not
fixed for the district judge, and mayor. necessarily repeal the aforementioned laws creating the
for second and third class cities, Laguna Lake Development Authority and granting the
the city judge shall receive one
thousand five hundred pesos
latter water rights authority over Laguna de Bay and the
less than that fixed for the lake region.
district judge, and for other
cities, the city judge shall The power of the local government units to issue fishing
receive two thousand pesos less
privileges was clearly granted for revenue purposes. On
than that fixed for the district
judge: the other hand, the power of the Authority to grant
permits for fishpens, fishcages and other aqua-culture

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 38

structures is for the purpose of effectively regulating and In this case, the LGC of 1991 is a special law which
monitoring activities in the Laguna de Bay region and for exclusively deals with local government units (LGUs),
lake quality control and management. It does partake of outlining their powers and functions in consonance with
the nature of police power which is the most pervasive, the constitutionally mandated policy of local autonomy.
the least limitable and the most demanding of all State the GAA of 1993, on the other hand, was a general law
powers including the power of taxation. Accordingly, the which outlined the share in the national fund of all
branches of the national government. The GAA therefore,
charter of the Authority which embodies a valid exercise
being a general law, could not have, by mere implication,
of police power should prevail over the Local Government
repealed the LGC. Rather, the LGC should be taken as the
Code of 1991 on matters affecting Laguna de Bay.
exception to RA 7645 in the absence of circumstances
warranting a contrary conclusion
Doctrine #7
Where there is a conflict between a general law and a Why is the LGC a special law in this case? Isn’t the LGC a
special statute, the special statute should prevail since it special law in the previous case?
evinces the legislative intent more clearly than the When a certain case labels a law as special or general, it
general statute. The special law is to be taken as an does not mean that it is a special or general law through
exception to the general law in the absence of special and through. In other words, a law cannot be a special law
circumstances forcing a contrary conclusion. or general law in all cases.

Leynes v. COA et al., GR No. 143596, December 11, 2003 A law can be general or special depending on the law it is
Which law should govern grant of monthly commutable compared with. To determine whether a law is special or
representation and transportation allowance (RATA)? The general in a case, one must see the law with reference to
GAA of 1993 or the LGC of 1991? The LGC the law it conflicts with.

The GAA of 1993 & Local Government Code, If the law provides for a more general rule than the other
law, it is considered a general law. Likewise, when the law
NCC 67 Sec. 447 (a)(1)(xi)
provides for more details in a certain subject than the
General Law Special Law
other law with the same subject, it is considered a special
The following officials and those (a) The sangguniang bayan, as
of equivalent rank as may be the legislative body of the
law.
determined by the Department municipality, shall enact
of Budget and Management ordinances, approve resolutions
(DBM) while in the actual and appropriate funds for the
performance of their respective general welfare of the
functions are hereby granted municipality and its inhabitants
monthly commutable RATA . . ., and shall:
payable from the programmed
appropriations provided for (1) Approve ordinances and
their respective offices, not pass resolutions necessary for
exceeding the rates indicated an efficient and effective
below municipal government, and in
this connection shall:
In all cases, commutable and
reimbursable RATA shall be paid (xi) When the finances of the
from the amount appropriated municipal government allow,
for the purpose and other provide for additional
personal services savings of the allowances and other benefits to
agency or project from where judges, prosecutors, public
the officials and employees elementary and high school
covered under this Circular teachers, and other national
draw their salaries. No one shall government officials stationed in
be allowed to collect RATA from or assigned to the municipality;
more than one source

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]

 39

XIII. Statutory Construction and the Constitution

Self-Executing Provisions
All provisions in the constitution are self-executory,
meaning they can be executed alone without a law
supplementing them, except for provisions that lay down
a general principle, such as those found in Art. II of the
1987 Constitution.

Prohibitory Provisions
Wherever the language used in the Constitution is
prohibitory, it is to be understood as intended to be a
positive and unequivocal negation. The phrase “unless
otherwise provided” in the Constitution must be given a
literal interpretation to refer only to those particular
instances cited in the Constitution itself.

Special Provisions
In the Constitution, a special provision prevails over a
general one

Suprema Lex
The Constitution is the Supreme Law of the land. It is the
law of all laws. Hence, if there is conflict between a
statute and the Constitution, the statute shall yield to the
Constitution.

Art. 7 of the Civil Code provides that when the courts

declared a law to be inconsistent with the Constitution,
the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations
shall be valid only when they are not contrary to the laws
or the Constitution.

Atty. Bobby Quitain Statutory Construction Reviewer [Dayrit 2018]