STATUTORY CONSTRUCTION REVIEWER a.

Cannot expound/restrict/graft new requirements

to the law
LAWS – whole body of system of law; includes statues
b. Cannot inquire into the wisdom of the law
enacted by legislature
c. Cannot apply the law
STATUTE – act of legislature as an organized body, d. Cannot insert or supply what legislature has
expressed in the form and passed according to the omitted
procedure, required to constitute it as part of the law of e. Courts cannot rewrite the law with what they
the land. thought should be
f. Court cannon interpret into the law a
a. Public Statute – affects the public or whole requirement which the law does not prescribe
community; depends on substance rather than g. If a statute has no limitation into its operation or
form scope, the court cannot write a limitation.
 General Law – whole state/apply to all
people Case: Canet vs. Decena (January 2004) – it would be
 Special Law – particular person or things of growing violence to the language of the law
a class
SITUS OF CONSTRUCTION AND INTERPRETATION
 Local Law – specific place (municipal
OF THE LAW: -“situs” means site (judiciary)
ordinance); territorial
b. Private Statute – specific person or object. Lowers Courts/Statutory Courts – construe/interpret
c. Permanent Statute – operation is not limited in the written law.
duration but continues until repealed. Does not Jurisprudence – decision of the supreme court (not
terminate by the lapse of a fixed period or by the permanent); depends on applicability on the case.
occurrence of an event.
d. Temporary Statute – limited period of time Interpretation – inside; interpretation of the written
words of the law
fixed; life ceases upon happening of an event.
e. Public Acts – passed by Philippine Commission Construction – draw conclusion; beyond
and Legislature (1901 to 1935)
Statutes – produces of legislative department; confirm
STATUTORY CONSTRUCTION – ascertain legislative for formalities
intent Statute Law – includes jurisprudence
- Art of discovering and expounding the meaning Remedial – court proceedings
and intention of the authors and lawmakers in
Curative – reestablish irregularities (RA 641-
relation to its application to an actual case and
amendment to Labor Code); retirement plans
controversy.
- Discover the true meaning of the law; give intent; Sine qua non – without which (essential requirement)
giving effect to the intent of the law; determine
HIERARCHY OF LAWS – Consti (supreme); consistent
the legislative intent
and in pursuit of Consti.
Case: Tanada vs. Cuenco (1957)
Art. 7 of Civil Code – repeal; non-use does not affect
DUTY OF THE COURTS – apply/interpret/construe the the life of the law.
statute
RULES IN LEGISLATIVE DRAFTING
- SC (constitutionality; questions of law)
1. Ethical or formulation policy
- All other courts – trial courts; question of facts
a. Basic Policy – general or overall principle that
- Court of Appeals – question of appeal
everyone has agreed upon
*Legislative don’t have the power to b. Immediate Policy – specific or targeted
overrule/change/strike out the interpretation or
*Policy is determined by the judgment of legislators with
construction by judiciary; cannot question the decision of
the assistance of specialists, pressure-groups and
SC on constitutionality.
others.
- Court of the courts; literally and figuratively.
(i) mastery of language; (ii) research

(a) Exact state of facts in the field to which the law will
JUDICIAL LIMITATIONS: relate
(b) The form of previous statutes relating to the same Conference Committee – mechanism for comprising
subject in the same jurisdiction. differences between Senate and House; can add new
provision (third body of legislature)
(c) The form of previous statutes relating to the same
subject in the other jurisdictions. e. Authentication of bills – signed by Speaker
and Senate President of printed copy, certified
(d) The manner in which such statues have actually
by respective secretaries of both Houses.
operated
f. President’s approval/veto – if approved, sign;
(e) The consensus of opinion among experts as to the if not, sent back to the House, if approved by 2/3
best method for meeting the problem. votes (separately), shall become a law; if 30
days lapse without signature, become a law.
I. FORM AND STRUCTURE – dividing statutes into
sections makes them flexible and facilitates Enrolled bill theory – once a bill passes a legislative
amendments; follow proper construction and logical body and is signed into law, it is assumed that all
development of sections processes for the enactment were properly followed.

II. LENGTH OF SECTIONS – made as brief as may be - The signing of a bill by the Speaker of the House
compatible with accuracy. and Senate President and certification of its due
enactment.
III. SENTENCE STRUCTURE – legal subject and legal - Reproduction or copy of the identical bill passed
action. by both houses of the general assembly.
STEPS IN ENACTMENT OF STATUTE VETO POWER OF THE PRESIDENT
1. Introduced by member/s of congress; signed by - Art. VI, Section 27 of the 1987 Constitution
authors and filed with secretary of the House. (1) President approves the bill by signing it
2. Can originate from either the lower or upper (2) When President vetoes; 2/3 votes of both
house Houses.
3. House of Representatives: appropriation, (3) If President does not communicate his veto, 30
revenue or tariff bills, bills authorizing increase of days lapse, it becomes a law
public debt, bills of local application and private (4) When people directly participate in legislative
bills process by initiative/referendum.
a. First Reading – reading the number and title of
bill, followed by referral to the appropriate Latin terms for “I forbid” or deny; disapprove acts
committee for study and recommendation. The passed by Congress.
committee may hold public hearings on the
LOG-ROLLING LEGISLATION – process in which
proposed measure and submits its report and
several provisions supported by an individual legislator
recommendation for calendar for second
or minority of legislators are combined into a single piece
reading.
of legislation supported by a majority of legislators on a
b. Second Reading – read in full with the
quid pro quo basis; no one provision may command
amendments proposed by the committee. Bill
majority support, but the total package will.
will be subject to debates, pertinent motions, and
amendments. Be voted and if approved, - Statute which deals with incongruous subjects;
included in the calendar for third reading. combines unrelated or contradictory provisions
c. Third Reading – vote (year or nays); no into a single piece of legislation.
amendment; distribution of copies three days
STATUTE – done according to the form accordance to
before passage.
the law confirming to the substance and form
d. Conference Committee Reports – transmitted
to the other House for concurrence. If the other STATUTE LAW – includes jurisprudence (judicial
house approves, passed by Congress and interpretation)
transmitted to the President.

*If there are amendments, and the House which

originates does not agree, the differences will be settled
by conference committee of both chambers and will have
PARTS OF STATUTE
to be approved by both houses.
 1. Title – general statement of the subject matter; c. Avoid rhetorical flourishes; express in simpler manner
readers are of what the law or stature is all
DEFINITIONS: legislators can come up for its own
about.
definition; warn the readers; caution (start)
- No law can be passed without the title; essential
part. Ambiguity – two or more meanings of reasonable mind.
- No title, not sufficient in form
*Lawmakers must make sure that the statute shall not
Constitutional provision – how title should be crafted have other departments to exercise its legislative power.
(Art. 6, Sec. 26, par. 1); no more than one-subject So other department does not supplement the
expressed in the title of the bill. incomplete. If none, the direct application of the law.
a. Prohibit duplicity 5. Proviso - added to the enactment acting as a
b. Prevent hodge-podge legislation or log rolling restraint on the body of the law; qualifications or
legislation (unethical) restraint upon the generality of the law;
- “Provided”; immediately preceding the
Log rolling legislation – include to the law which is not
provision, only applies to what is above section.
presented by a whole but as one.
- If more than, must be expressly and clearly
 Putting something as not related (behind the stated.
back) 6. Exception – exempts something which will fall
 Include controversial parts of the law. to general terms.
- Mandatory 7. Interpretative Clause – defines of its own
- Express the general subject of content; content language and prescribe for the rules for its
is germane to the title. construction.
- If content is related to the title, it is still valid - Prerogative of the lawmakers
- If the title is not related to content - In cases of doubt (ex. In favor of the employee)
(disconnection), it is VOID - “less in life should be more in law”
- “For any other purposes”: legislators are not 8. Repealing Clause – terminate the effectivity of
allowed to use; will not allow to expand the law
subject not related to the title. - Announces the legislator’s intent to repeal the
- Deciding the constitutionality: presumed to be previous law
correct or valid unless presented otherwise.
Implied repeal – repeal all other laws
- Test of sufficiency is whether or not it is
misleading. Technical accuracy is not essential. 9. Saving Clause – restricts a repealing act.
- Broad and clear terms of the nature, scope, and - If an old law is repealed, it does not make an
consequences of the proposed bill in an act or ineffective law.
law. 10. Separability Clause – if one part is
2. Preamble - (whereas) states the unconstitutional, all others will be valid.
reasons/objects of the enactment 11. Date of Effectivity – mandates a publication
- Introduction; not essential mandate.
- Putting the readers into right perspective - If no publication, violation of due process (right
3. Enacting Clause – not essential; from which to information)
authority that promulgated the law - Informed by the contents of the law.
4. Body (important part) – illogical without; purview
of the act. Case: Tanada vs. Tuvera
- Should be related/germane to the title.
Article 2 of the Civil Code – law shall take effect after
*If there are two subjects and one subject in the body; fifteen days following the completion of their publication
considered as a surplusage (not intended to mislead) either in the Official Gazette or in a newspaper of
general circulation in the Philippines, unless it is
*Lawmakers must be clear and unambiguous; envision otherwise provided.
the readers; complete
Effective immediately – enactment of a specified
*Lawmakers lack of foresight will result to court cases: action, decision, or change, following specified
conditions or trigger events (take effect on the date
a. Sentences should be short and concise
specified without need of publication)
b. Statute should be expressed in the present tense
Silent on effectivity – shall take effect 15 days following Case: Song Kiat Chocolate Factory vs CB 102 Phil
its complete publication. 477

SPIRIT VS LETTER OF THE LAW: Courts first give -- Is cocoa the same as chocolate ? Why ?
credit to the letter of the law; spirit before the letter
The following latin maxims aim to assist us discover the
- When the spirit ceases, the law itself ceases (is meaning of the words in the law, as they appear on the
nulled) law itself.

SPIRIT – intent of the lawmaker; perceived intention They should be used to clarify but not to divert from the
intention of the law-makers. At no point should the
LETTER – literal meaning; prime manifestation of the
application of these latin maxims result in a forced and
law.
illogical understanding of the law.
Legislative Purpose – what move/drive the lawmakers
1. Doctrine of Associated Words
in coming up with the law; intention can be seen in the
law. - one is known by his companions

Legislative Intent – essence of the law; law of the - Leg. Intent is ascertained from the consideration of the
statute; legislative meaning; source is the statute itself statute as a whole.
(primary source).
- Words chosen must add to the harmonius whole
Legislative Maxims – merely tools; cannot take the meaning of the statute
place of application of the law itself/jurisprudence/law of
- SO, if there are words/phrases of unclear/susceptible
predence (stare decisis)
to various meanings, true meaning maybe clarified by
- Cannot isolate the stature; should have considering the company in which itvis found or
harmonious whole; if not, the part is associated with.
unconstitutional
Ex. A law requires licenses for "houses, rooms,
- Unless challenged, presumed regular and
buildings, shops, kept open for public refreshment, resort
constitutional.
, entertainment".
- If part, saving clause
- Not obscure or ambiguous, then direct Applying the doctrine, we are to understand that
application of the law "entertainment" does not necessarily mean a
- Two or more persons of reasonable mind cannot concert/play or artistic performance NOR did it
agree, then construe. necessarily imply the serving of food or drinks BUT
a. Test of impossibility – literal application of the because of the association it was found, entertainment
law will lead to inadequate/impossible meant reception and accommodation of the public. The
b. Test of absurdity – unreasonable; literal leads establishment open to the public.
to injustice, mischievous policy.
Case: Caltex vs Palomar
Gen. Rule: Words are to be given their usual, natural,
plain, ordinary and commonly understood meaning. No 2. Ejusdem Generis
need for peculiar / different meanings, UNLESS
- general term is limited by the particulars it follows
Legislature indicates so
- "and others / and the like / and similar things / other
● Give the meaning of the words at the TIME of
analogous factors "
enactment.
Case: Mutuc vs Comelec
As we read the statute today, there will ba an easy
tendency to construe the language in the light in which it 3. Express mention is implied exclusion (expressio
appears today. BUT since stautory construction aims unius est exclusio alterius)
to discover the meaning of the words employed by
Legislature, words must then be taken in the sense they - is a good guide to probable legislative intent because it
were understood at the time it was passed. is based upon rules of logic and the natural workings of
the human mind.
● Words have to be subservient to the intent
Example: when the law enumerates and declares *Interpretation over content. Can only construe if there is
marriages as void ab initio for reasons of public policy, ambiguity.
and marriage contracted by a priest is not expressly
Clerical error – corrected by the court; not to change the
mentioned, he is not disqualified to marry.
meaning of the law, but what is necessary can be carried
Case : Centeno vs. Villalon-Pornillos out.

4. Casus Omissus *If the legislative intent is clear, it must be given effect
despite inaccuracies of language.
- a person/object/thing omitted from an enumeration in a
statute must be held to have been omitted intentionally LANGUAGE OF THE LAW – (masculine sense)
includes the feminine. If express in feminine, does not
■ DIFFERENCE between Expressio Unius Vs.
include the masculine.
Casus Omissus
Numbers – plural includes the singular, vice versa if the
- in Casus Omissus, you are looking at another law (2
law states
laws involved) on the subject matter, while in Expressio
Unius, you are looking at an enumeration in 1 law. Tenses – expressed in the future tense; includes the
present
Case : COA of Prov. of Cebu vs. Prov. of Cebu
Conjunctive (and, both) and Disjunctive Words (or,
5. Where the law does not dintinguish, courts
one) – cannot use interchangeably.
should not distinguish (ubi lex non dintinguit necnos
distinguere debemos) Shall and May – what the statutes demands/requires

6. Courts may distinguish when there are facts and  Negative manner – mandatory/prohibitory (shall)
circumstances showing that Legislature intended a  Positive manner – directory (may)
distinction or qualification (dissimilum dissimilis est
ORDINARY RULES OF GRAMMAR – ascertaining the
ratio)
meaning of statute
Case: Garvida vs. Sales
- Not always controlling
7. Redendo Singula Singulis - When there is an effect to the intent and effect
(do not apply)
- referring each to each
Implications: everything is in the statute to give an
Case: Amadora vs. CA
effect.
8. Doctrine of Last Antecedent
- Express can only be implied
- qualifying words that needs to be applied to
*Implied power must be necessary not merely
immediately preceding it. Not to be considered as same
convenient.
with words following it.
Two or more constructions – avoid conflict.
Exception: Unless the lawmakers intended to apply the
more remote part of the law - Adopt construction that will adapt
constitutionality.
Case: Nera vs. Garcia
COMPUTATION OF TIME/PERIOD – ART. 1 OF CIVIL
9. Doctrine of Necessary Implication
CODE
- every stature is understood by implication to contain
 Year: 365 days, leap year (366 days)
everything it needs in order to meet or effectuate its
 Month: 30 days, unless specifically state the
purpose and objective.
month
- if the law grants power, the greater power necessary  Day: 24 hours
include the lesser power (incidental powers)  Night: sunset to sunrise

Case: Province of Cam Sur by Miguel Villafuerte vs. *Exclude the first, include the last
COA, March 10, 2020
If there are foreign text, the text approved will control;
Chua vs. CSC and NIA, February 7. 1992 promulgated source which was originally passed will
prevail.
Latin maxims are tools to the law as intrinsic aid.  Not obscure or ambiguous, direct application of
the law
TWO TYPES OF AID:
 If two or more persons of reasonable mind
1. Intrinsic aid – the word itself; language of the cannot agree, then construe.
law a. Test of impossibility – literal application of the
2. Extrinsic aid – legislative intent; cannot found law will lead to inadequate/impossible
on the language of the law b. Test of absurdity – unreasonable; literal leads
to injustice; mischievous policy.
Meaning of the law should be found in general
consideration of the whole. DUTY OF THE COURTS – apply/interpret/construe the
statute.
Every part of the statute must be interpreted with
reference to the context of the statute. Duty of SC – constitutionality; questions of law

General intent – all parts must be subsistent or All other courts – trial courts; question of facts
subvergent; render meaning.
Courts of appeal – question of appeal
Punctuation mark – terminate the essence of the law;
 Legislative don’t have the power to
end the though cycle; shallow foundation.
overrule/change/strike out the
Law is directive/mandatory; devoid emotion interpretation/construction by judiciary; cannot
question the decision of SC on constitutionality.
 Limited by the nature of the particulars it follows  Court of courts: literal and figuratively
 Headings and marginal notes – purpose of
explaining (clearing up ambiguities; cannot Sine qua non – without which (essential requirement)
extend/restrict the language in the body;
Hierarchy of laws: Constitution (supreme); consistent
language in the body still prevails; aids of law
and in pursuit of the constitution
degree; beginning
 Article 7 of Civil Code: Laws are repealed
Case: Cayetano vs. Monson
only by subsequent ones, and their violation
Ordinary meaning – comprehensive sense or non-observance shall not be excused by
disuse, or custom or practice to the contrary.
Spirit of the law is expressed in words and prevails in
the technical adherence to the law when result to When the courts declare a law to be
ambiguity. inconsistent with the Constitution, the former
shall be void and the latter shall govern.
Ratio Lejis – general rule; reason of the law/purpose of
the statute; seen in relation other provision; general.
Administrative or executive acts, orders and
regulations shall be valid only when they are
not contrary to the laws or the Constitution.
FINALS (5a)
Legislative Purpose – reason why Note: Non-use of the law does not affect the effectivity of
Legislative Intent – essence of the law; law of the the law.
statute; legislative meaning; source is the statute itself EXTRINSIC AID - Can be source of legislative intent; not
(primary source)/ the reservoir of the law; can’t take the place of intrinsic
Legal Maxims – merely tools; cannot take the place of aid; can lead only after exhausting the intrinsic aid.
application of the law itself/jurisprudence/law of 1. Contemporaneous circumstance – condition
precedence (stare decisis) under which the law was enacted [(e.g.
 Cannot isolate the statute; should have Preamble (non-essential)]; reason why the law
harmonious whole, if not, the part is was enacted.
unconstitutional 2. Policy – which induce the enactment; what the
 Unless challenged, presumed regular and law seeks to promote (e.g. family as the basic
constitutional. unit of the society).
 If parts are unconstitutional, saving clause.
  All the statutes must be construed in the line of 6. Presumptions – vault from the policy that we
their purpose; seek to the policy they support. pursue; included in the law without having been
3. Legislative History – records of the bill; mentioned; general guide
committee hearing
Ex: Absurdity, irrepealable, ineffectiveness, jurisdiction
- The word from the time of the enactment might
of courts, public policy (supports all public policy in
evolved; what the lawmaker meant at the time of
constitution), exceeding in legislative power, regularity
the enactment of the law.
(all government officials are doing their job).
- Cover all the proceedings; from the committee to
voting. Stare Decisis – Article 8 of Civil Code. Judicial
- Clarify the ambiguity; legislative intent decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of
Note: Not everything expressed is considered part of the
the Philippines.
legislative intent (SC)
- One should follow past precedent; do not disturb
4. Contemporaneous construction – “practical
what have been settled; based on jurisprudence;
construction”; construction placed upon the
often used and respected
statute at the time of its enactment and
forward/after by the judiciary, executive, and Exception:
legislative department; can also come from
judicial authorities (knowledgeable of the intent 1. Blind adherence – doctrine must be abandoned
of the law). once find contrary to the law.
- Decisions of the judiciary
When to apply:
- The best interpreter of the law is its usage (how
judiciary applied) 1. When the facts are substantially the same.
 If the law is in effect for so long without changes, 2. Must be directly stated as direct ruling;
it is rightfully crafted. addresses the issues braced by the parties.
 Usage is the best interpreter of the law
CASE: Ting vs. Velez Ting
Caution: Even if the courts is construing the law for a
long period of time, the court is not bound to When can’t be used:
continuously use the same. 1. The ruling that you are using is only obiter
The courts may disregard: dictum and not a direct ruling

1. When there is no ambiguity in the law Obiter dictum – “By the way”; incidentally; opinion by
2. If the constructions is clearly erroneous (null and the judge/justice; lessen credibility, not necessary to the
void) decision of the case.
3. When the court has previously given the stature Note: Only the SC can change or abandon a precedent;
a different interpretation lower courts are duty-bound to follow or obey the
4. When there is a strong reason that the contrary precedents of the SC.
exists.
Article 8, Section 4, Paragraph 3 of 1987
Judicial Construction – interpret the law Constitution: (3) Cases or matters heard by a
Executive Construction – given great weight; the division shall be decided or resolved with the
person who give constructions are admittedly experts; at concurrence of a majority of the Members who
best, merely advisory; cannot make the law. actually took part in the deliberations on the issues
in the case and voted thereon, and in no case
Legislative Construction – if the opinion is without the concurrence of at least three of such
accompanied by a positive act of the law Members. When the required number is not
obtained, the case shall be decided en
- Outcome is what intended to be
banc: Provided, that no doctrine or principle of law
5. Commentaries of Bar Commentators and
laid down by the court in a decision rendered en
Legal Authors – based on experience
banc or in division may be modified or reversed
 Foreign laws, if in harmony of our present law
except by the court sitting en banc.
or connection to local laws.
- SC can only change precedents
 - If lower courts feel that the doctrine is against fostering stability in relationships and
theirs, they can state their opinion. transactions.
 Upholds the Rule of Law. Reinforces the
IMPORTANT NOTE: same facts, binding to lower
authority and credibility of the judiciary by
courts; there is doctrine created
ensuring that final decisions are respected and
RES JUDICATA – focal point is judgment obeyed.
 Fosters Peace and Stability. Reduces conflict
CASE: Elliot vs. Corcuera by conclusively resolving disputes, contributing
to societal order and harmony.
Elements required (present at all times):
 Stabilizes the rights and promote the rule of law.
a. The judgment sought to bar the new action must
Note: No effects like ratio decidendi
be final
b. The decision must have been rendered by a LAW OF THE CASE – the opinion delivered on a former
court having jurisdiction over the subject matter appeal; one case moving on appeal; continue to be the
and the parties law of the case; does not have finality of a res judicata.
c. The disposition of the case must be a judgment
on the merits Law of the Case vs. Res Judicata
d. There must be as between the first and second
Law of the Case Res Judicata
action No finality Finality
 identity of parties Applies only to the same Relates conclusiveness
 subject matter case (be respected in the determined of issues of
 causes of action subsequent case; trial facts
court to appellate)
TWO CONCEPTS: Relates to entirely Ends or abandons;
question of the law forecloses the parties
1. By prior judgment – three elements are required from what is done in
(identity of parties, subject matter, causes of another case
action) Same case; same parties Same party bar from
2. By conclusiveness of judgment – identity of appearing to another
parties is required; same issue case
CASE: Sy vs. Young
CONCLUSIVENESS OF JUDGMENT - final decision by
a court of competent jurisdiction is binding on the parties JUDGMENT – last order of the court that fully disposes
involved, preventing relitigation of the same issue. of the case.

CASE: Republic of the Philippines vs. Yu Villamala - Must be personally and directly written by the
judge and signed.
WHY RES JUDICATA IS IMPORTANT? - Must contain clearly and distinct of the facts
proved and the law which the judgment is based
 There is already a bar for relitigation of the same
- Fallo; dispositive part of the judgment; penalty;
cause of action over the same subject-matter of
reflects what the court wants the party to do
the same identity of the parties.
- Discussion by the court of the reasons of its
 Prevents Repeated Litigation. Ensures that
conclusion
once a court has rendered a final and executory
- Ratio decidendi; facts presented and pertinent
judgment, the same matter cannot be relitigated
law; reasons of the decision
between the same parties.
 Frees Parties from Unnecessary Suits. Judgment vs. Opinion
Protects litigants from being repeatedly dragged
into court, sparing them from undue harassment, Judgment Opinion
financial costs, and emotional strain. Must meet the Informal expression of the
constitutional mandate views of the judge/justice
 Promotes Judicial Efficiency. Avoids
All decision must state Cannot prevail
redundant cases, allowing courts to focus their clearly the facts and law over/against the final
resources on new disputes requiring resolution. that is used in the order (judgment)
 Ensures Certainty and Stability in Legal decision
Relations. Provides finality to decisions, giving Forms no part of the
parties confidence to rely on settled rulings and judgment even it is found
in one instrument
 Extrinsic; part of o To make a statute or legal principle
construction (weak adaptable to changing conditions or
source) unforeseen situations.
Can be part of ratio
decidendi, if it’s the o To align the application of the law with
opinion of the ponente the legislative intent and public interest.

2. Methods of Modification
JUDICIAL DECISION – generally regarded as
interpretation of existing laws o By judicial interpretation, where courts
clarify or adjust the scope of a statute.
- Shall not be considered as sources of law since
it can change o Through legislative amendments or
- Part of the law of the land (from enactments that refine, repeal, or
legislative/executive department) expand existing laws.
Jurisprudence – critical tool of ambiguous statute; 3. Scope of Modification
reality/usage
o Modification may affect procedural rules,
- Not laws but have precedents (stare decisis); substantive rights, or the extent of a
substantial precedential weight law's application.
- Consistency, predictability, and stability
o It must remain consistent with
Strict Construction – literal/textual interpretation of law constitutional principles and the
- Not allowed to make any extension/implications overarching purpose of the law.

Ex: Revised Penal Code, Civil Code 4. Relation to Statutory Construction

Liberal Construction – Allowed to constrict, restrict, and o Courts use principles of statutory
enlarge meaning with intention of accomplishing the construction to determine if a statute
legislative purpose requires modification to address
ambiguities, conflicts, or gaps.
Ex: Remedial law, tenancy/agrarian laws, adoption laws
5. Examples of Modification
CAUTION:
o Introduction of exceptions to a general
1. Can’t give words forced/strained meaning rule (e.g., exceptions to the application
2. Does not allow to add other factors/elements of res judicata for fraud or lack of
jurisdiction).
Mandatory Statute – laws that require to comply; if don’t
comply, there is penalty. o Refining broad terms in statutes to make
- Requirement; operate to deprive the litigants of them more specific or applicable to
substantial right; prescriptive period particular cases.

Directory Statute – don’t have penalty; does not affect Codification - refers to the systematic process of
the substantial right of the litigant. organizing, arranging, and consolidating laws, rules, and
regulations into a comprehensive and coherent code or
Amendment – change or modification, by addition, statute. This process aims to make the law more
deletion, or alteration of a statute which survives in its accessible, understandable, and consistent by
amended form. integrating various legal provisions into a unified
framework.
Modification - refers to a process by which a legal
principle, rule, or statute is altered, limited, or adjusted to 1. Purpose of Codification
fit specific circumstances or to reflect the intent of the
legislature. This adaptation ensures that the application o To eliminate inconsistencies,
of the law achieves fairness, equity, and justice without redundancies, and ambiguities in
rigid adherence to its original form. scattered or conflicting laws.

1. Purpose of Modification
 o To provide a centralized and organized o Codification facilitates statutory
reference for legislators, lawyers, and construction by providing clear and
the public. consistent guidelines for interpreting the
law.
o To promote legal clarity and certainty by
harmonizing related legal principles and o However, ambiguities in a codified
provisions. statute may still arise, necessitating
judicial interpretation.
2. Process of Codification

o Involves the collection and examination

of existing statutes, judicial decisions, Repeal – revoke/ abrogate the effectivity of a statute
and customary practices. through another statute (new law)

o Laws are reviewed for consistency, - New statute repeals the old stature on the
relevance, and clarity before being matter.
integrated into a single code.
a. Express repeal - occurs when a law explicitly annuls
o May include revisions or updates to or abrogates a prior statute through clear and direct
reflect current legal, social, and language. This is typically done by including a specific
economic conditions. repealing clause in the new law, stating that the previous
law or its provisions are repealed. Express repeal
3. Features of a Codified Law reflects the clear intent of the legislature to terminate the
operation of the prior law, and once repealed, the
o Comprehensive: Covers an entire field
previous statute ceases to have legal effect. However,
of law, such as civil, criminal, or
vested rights or obligations under the repealed law are
commercial law.
generally preserved unless explicitly stated otherwise.
o Systematic: Organized into sections, This method is often used during legislative reforms or
chapters, or titles for easy navigation. codifications to eliminate outdated or conflicting
provisions, ensuring clarity and consistency in the legal
o Uniform: Provides standardized rules framework.
and procedures for similar cases or
scenarios. b. Implied repeal – new law is silent; new law is violative
of the old law
4. Advantages of Codification
Note: No two laws can exist on the same subject matter;
o Enhances legal accessibility by should be in harmony.
providing a single, authoritative source
for laws.  Implied repeal by uncertainty/inconsistency -
new law is passed that contradicts or conflicts
o Simplifies the legal system, making it with an existing law, creating a situation where
easier to understand and apply. both cannot logically coexist. In such cases, the
courts may determine that the new law implicitly
o Reduces the risk of conflicting
repeals the prior law, even though there is no
interpretations by consolidating explicit repealing clause. This implied repeal
fragmented laws. happens because the inconsistency or
5. Examples of Codification uncertainty between the two laws makes it clear
that the legislature could not have intended for
o Civil Codes (e.g., the Civil Code of the both to apply simultaneously.
Philippines).  Implied repeal by substitution – new law
covers all the matter in the old law, then
o Penal Codes that systematize criminal
substitute.
laws and penalties.

o Administrative Codes consolidating Retroactive Law - are laws that apply to events or
government regulations. actions that occurred before the law was enacted. These
laws affect past situations or transactions, and their
6. Relation to Statutory Construction
application may modify the legal consequences of past
conduct.

- Looking backward

Prospective laws - are laws that apply only to future

events or actions. They govern matters occurring after
the law's enactment and do not affect past situations.

- Looking forward