STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B.

Suyo
4. Interpretation of a written law
STATUTORY CONSTRUCTION  The art or process of discovering and expounding the intended
2ND Semester 2018-2019 signification of the language used in the law that is the meaning
which the author designed to convey to others.
 The art of seeking the intention of the legislature in enacting a statute
5. Legal Hermeneutics
and applying it in a given state of facts.
o Law + Facts  A branch of science which establishes the principles and rules
o Questions: of interpretation of written laws.
 Why was the law enacted?  Speaks of theory
 If that is why, if that is the intent of the 6. Exegesis
legislature, how do I apply that to a given state  The application of the rules and principles of interpretation.
of facts?
 Speaks of practice; practical application
 Who has a better interpretation & application
of the law? 7. Legis interpretatio vim obtinet
Overview:  The authoritative interpretation of the Supreme Court of a
 Subjects stature acquires the force of law by becoming a part thereof as
 Rules of the day of enactment.
1. Cardinal  “The construction of law obtains the force of law.”
2. Particular o Civil Code, Article 8
3. Construction of words and phrases
CIVIL CODE • ARTICLE 8. Judicial decisions applying or
 Aids
1. Intrinsic interpreting the laws or the Constitution shall form a part of
2. Extrinsic the legal system of the Philippines.
3. Presumptions

Terminology
Laws Providing Rules for Construction

There are many laws regarding construction. Some of them are:

1. Interpretation
 The art of finding the true sense & meaning of the words used 1987 CONSTITUTION • ARTICLE VIII • SECTION 4. xxx
in the law.
2. Construction (2) All cases involving the constitutionality of a treaty,
 The drawing of conclusions respecting subjects that lie beyond international or executive agreement, or law, which shall be
the direct expression of the text. heard by the Supreme Court en banc, and all other cases
Interpretation Construction which under the Rules of Court are required to be heard en
Limited to the very words of the Goes beyond the written text & banc, including those involving the constitutionality,
application, or operation of presidential decrees,
text calls upon the intrinsic aids in
proclamations, orders, instructions, ordinances, and other
 Confined to the construction
regulations, shall be decided with the concurrence of a
statute itself  There are other
majority of the Members who actually took part in the
matters that are not
deliberations on the issues in the case and voted thereon.
found in the text but
are contributory to the xxx
wording of the statute.
 You draw conclusions
that lie beyond the
benign expressions of CIVIL CODE • ARTICLE 4. Laws shall have no retroactive effect,
the text. unless the contrary is provided.
Takes place if the text conveys Resorted to when two different
xxx
some meaning or others. enactments, there is found
 Words can contain so contradiction when there were
ARTICLE 8. Judicial decisions applying or interpreting the laws
many meanings evidently no intention of such or the Constitution shall form a part of the legal system of the
depending on how you contradiction. Philippines.
express it.
xxx
3. Construction of a written law
 The art or process of discovering and expounding the meaning ARTICLE 10. In case of doubt in the interpretation or
and intention of the authors of the law with respect to its application of laws, it is presumed that the lawmaking body
application to a given case where intention is rendered doubtful intended right and justice to prevail.
by reason of apparently conflicting provisions or directions or
Xxx
by reason of the fact that the given case is not explicitly
provided for in the law.

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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
CHAPTER 5 RULES OF COURT • RULE 1 • SECTION 6. Construction. —
Interpretation of Contracts These Rules shall be liberally construed in order to promote
their objective of securing a just, speedy and inexpensive
ARTICLE 1370. If the terms of a contract are clear and leave disposition of every action and proceeding. (2a)
no doubt upon the intention of the contracting parties, the
literal meaning of its stipulations shall control.

If the words appear to be contrary to the evident intention of Fundamental Structure of Legal Hermeneutics
the parties, the latter shall prevail over the former.
The power to construe the law is judicial.
ARTICLE 1371. In order to judge the intention of the  It is the duty of the courts to construe statutes for the purpose
contracting parties, their contemporaneous and subsequent of determining whether a particular act of omission falls within
acts shall be principally considered. their intended scope or provision.
 However, that power may not include the power to modify,
ARTICLE 1372. However general the terms of a contract may amend, or rewrite the statute.
o That would be judicial legislation & is prohibited
be, they shall not be understood to comprehend things that
under the Constitution.
are distinct and cases that are different from those upon
which the parties intended to agree. November 20, 2018

ARTICLE 1373. If some stipulation of any contract should  Interpretations will always vary, because facts vary.
admit of several meanings, it shall be understood as bearing  You have to first ascertain the facts, then find out the law.
that import which is most adequate to render it effectual. o All the answers to a legal problem will almost always be
found in the law, so you have to know how to read the
ARTICLE 1374. The various stipulations of a contract shall be law. That is the objective.
interpreted together, attributing to the doubtful ones that
sense which may result from all of them taken jointly. CIVIL CODE • ARTICLE 4. Laws shall have no retroactive effect,
unless the contrary is provided.
ARTICLE 1375. Words which may have different significations
shall be understood in that which is most in keeping with the Lex prospicit, non respicit
nature and object of the contract.  The law looks forward, not backward.”
 A maxim meaning that laws are generally deemed or presumed
ARTICLE 1376. The usage or custom of the place shall be not to have retroactive.
borne in mind in the interpretation of the ambiguities of a
contract, and shall fill the omission of stipulations which are Illustration:
 B.P. 22 was enacted in 1978.
ordinarily established.
 In one case, in 1981, the Secretary of Justice issued a circular
stating that when a check was issued as a guarantee, you are
ARTICLE 1377. The interpretation of obscure words or
not liable under BP 22.
stipulations in a contract shall not favor the party who caused o This was in 1984.
the obscurity.  In September 1987, the SC in the case of Ke vs. People 154 SCRA
160, overruled that circular and held that a check issued as
ARTICLE 1378. When it is absolutely impossible to settle guarantee is liable under BP 22.
doubts by the rules established in the preceding articles, and o This SC decision rendered the circular void.
the doubts refer to incidental circumstances of a gratuitous  There was another case, in the case of Ko vs. CA. 227 SCRA 444,
contract, the least transmission of rights and interests shall 1993.
prevail. If the contract is onerous, the doubt shall be settled o The defense of Ko was that he issued that check as a
in favor of the greatest reciprocity of interests. guarantee; used the circular as a defense.
o The case was filed before the aforementioned 1987
If the doubts are cast upon the principal object of the contract SC decision.
in such a way that it cannot be known what may have been o Since the act was done when the circular was still
valid, what is the rule?
the intention or will of the parties, the contract shall be null
 Since the circular is valid, then Koh is not
and void.
liable.
o One of the lawyers made an MR: argued that if you
ARTICLE 1379. The principles of interpretation stated in Rule look at the law, there is no mention of ‘account
123 of the Rules of Court shall likewise be observed in the closed’.
construction of contracts.  SC ruled in a minute resolution that
issuing a check with an account closed is
a worse crime, the MR was denied.
 That is how you argue; just make the argument and let the SC
THE LABOR CODE OF THE PHILIPPINES • P.D. NO. 442 • decide. Look at the facts and the law, and make an argument.
ARTICLE 4. Construction in favor of labor. - All doubts in the  Never say that you will win the case, only that you will try.
implementation and interpretation of the provisions of this
Code, including its implementing rules and regulations, shall What happens when part of the statute is void, and a part is valid?
 When part of the stature is void, and the valid portion is
be resolved in favor of labor.
separable from the valid, if it can standalone, then the valid
portion will continue to stay in effect.
 If the valid portion, however, renders the stature invalid, then
the valid portion becomes invalid.

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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
November 26, 2018
What is the purpose of construction?
 The art of seeking the meaning & purpose of the legislature so The Subject of Construction
the same may be enforced.

Case:  5 major subjects; organized highest to lowest

 In one case, there was a president of a bank & a member of the 1. Constitution
Board of Directors of Bank. 2. Statutes
 The bank approved a loan of the partnership where one of the 3. Resolutions
partners was the wife of the president. 4. Ordinances
 When this was discovered, the president was charged with the 5. Presidential Issuances
violation of Act 2747, Section 35.  What are to be construed depending on the facts involved.
o Prohibits the grant, directly or indirectly, of loans to
any of the members of the Board of Directors of a
bank. Constitution
o Section 39 of that Act penalizes violation of the
prohibition of said act.  A body of rules and maxims in accordance of which the powers
 When the violation was made, this act was still effective, so he of sovereignty are habitually exercised.
was charged.
 Question: Was the grant of the load to the partnership violative Constitution – 3 Parts
of the law? a. Constitution of Liberty
o Court: It is a fundamental principle in statutory
 The series of prescription setting forth the fundamental civil &
construction that the intent of the legislature must political rights of the citizens with correlative limitation on the
be given effect. power of government as a means of securing of those rights.
 The grant of the loan to the partnership o Bill of Rights
of which one is the wife violates the b. Constitution of Government
intent in the enactment of the law.  A set of provisions setting up the governmental framework.
o Judiciary, Legislative, Executive, the Commissions
Ubi Lex Non Distinguit, Nec Nos Distinguere Debemus c. Constitution of Sovereignty
 Where the law does not distinguish, the court should not
distinguish.
Kinds of Constitution
Case:
 Based on this principle, there was a mining company that Flexible Rigid
entered into an agreement with the wonder of the land to mine One with no more legal force or One which legally stands over and
it. authority than ordinary legal above ordinary laws and which
 There was a lease agreement which the mining company failed enactments; it can change from may be only, through proceedings,
to comply with. time to time. different form ordinary legislative
 The owner filed a complaint with the lower court. proceedings; any change in
 The mining company questioned the court’s jurisdiction provisions is different from that of
regarding the complaint. ordinary proceedings.
o The land in question is a mining land, and as such, Written Unwritten
the court shall have no jurisdiction with the regard One whose provisions are One whose provisions are not
to the mining company. embodied in a single formal embodied in a single formal
 Court: Under the Rules of Court, what was found was the word document. document.
‘land.’ Cumulative Conventional
o Hence, it refers to everything, whether agricultural, When the provisions lie mainly in One which has been formulated
residential, etc. customs, common law, judicial either by Constitutional
o The law says only that, and the law does not decisions & the like. Convention or by a royal
distinguish. So, that also applies to mining land. proclamation.
o Where the law does not distinguish, the court
should not distinguish.
Legislative Intent Rules in Construing the Constitution
 What the legislator meant by the use of the language in the law. 1. Effectuation of the intent of the framer
Legislative Purpose  Give effect to the intent if the framer of the organic law & the
 The reason why the legislature enacted the law. people adopting it
Scope of Application of the Rules of Construction  What was the intent in incorporating that provision? Why did
 A statute is open to construction only when language is they incorporate that?
ambiguous or when it will admit of two or more constructions; 2. Uniformity
 Where it is of such doubtful or obscure meaning that  The constitution should receive a consistent & uniform
reasonable minds will be uncertain or disagreed as to its interpretation;
meaning.  If it had been previously interpreted, then the same
Ambiguous • Ambiguity interpretation must be given.
 The doubtfulness or doubleness of meaning, or indistinctness or 3. Flexibility
uncertainty of meaning of the expression used in a written  The courts are not inclined to adopt such a technical &
instrument. constrained construction as that will unduly impair the
When is a statute ambiguous? efficiency of the legislature to meet responsibilities, by occasion
 Where some of the words used therein may refer to several & changing conditions of society.
objects & the manner of the use does not disclose the particular  Constitutions are general in nature, so in the next generation
object to which the words refer to. the same nature will/can be applied.

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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
4. Liberality  CA • Commonwealth Act: enacted during the
 A constitution is expected to be effective over a longer period Commonwealth era.
of time than a statute.  BP • Batas Pambansa: enacted under the 1973
 Its method of revision or amendment is more cumbersome than Constitution.
the legislative process. 2. Subject and Title
 Construction cannot be carried out with mathematical nicety to  Announces the subject of the bill to give a general statement to
logical extremes, hence its provisions should be liberally and to call general attention to the subject matter of the act.
construed.  Article VI Sec. 26 (1) of the 1987 Constitution provides:
5. Practicality
 The established practical construction of a Constitutional ARTICLE VI • SECTION 26. (1) Every bill passed by the Congress shall
provision should not be disregarded unless the terms of the embrace only one subject which shall be expressed in the title
provisions furnish clear and definite support for a contrary thereof.
construction.
6. Mandatory nature of the provisions  Rule: Whenever there is a law, there must only be one subject
 Some provisions of the Constitution are mandatory in nature. matter.
7. The purpose to be given effect  If there are two subject matters, then you can assail the
 A Constitutional provision should be construed as to give it constitutionality of the statute.
effective operation & suppress the mischief of which it is armed,  Purposes of Requirement:
hence the spirit of the provision must prevail. 1. To prevent hodge-podge or log-rolling legislation
8. Constitution should be construed as a whole 2. To prevent surprise or fraud upon the legislature by means
 The provisions are interrelated; of provisions in bills of which the titles gave no intimation,
 The Constitutional provisions were adopted as one, and are all and which might therefore be overlooked and carelessly and
connected. unintentionally adopted
9. Every part is to be given effect 3. To fairly apprise the people, through such publication of
10. Conflicting provisions should be harmonized. legislative proceedings as is usually made, of the subjects of
11. Ordinary meaning to words legislation that are being considered in order that they may
 Words used in the Constitution should be given their ordinary have opportunity of being heard thereon, by petition or
meaning, unless they have a technical meaning. otherwise, if they shall desire.
12. Implications 4. To guide in ascertaining the legislative intent when the
 If you cannot find other ways then you try to find the language of the act does not clearly express its purpose.
implication/consequences of such provisions.  Case: Lidasan v Comelec
 There was a law passed by Congress to make a
Distinguish a Constitution from a Statute municipality in Lanao. In the creation of that municipality,
there were certain barrios supposed to be created in that
Constitution Statute municipality. In those barrios, there was one which was
The expression of the sovereign The enactments and rules for the not part of Lanao, but was part of Cotabato. So there is
will in relation to the structure of government of civil conduct this law that was enacted covering that barrio in Cotabato.
government, extent & promulgated by the legislative When the people of the barrio learned that would become
distribution of powers, the modes authority of the state. part of a municipality in Lanao, they now questioned the
and principles of its operation, constitutionality of creating the municipality. So this is an
and the apparatus of checks and example of the apprising the people of the legislation.
balances to ensure its continued  Case:
existence.  There was someone questioning the law that was being used
against him for having two subjects and therefore
A primary law, being the Secondary, being commands of unconstitutional. The Court held that at the time of the
commands of the sovereign the sovereign, having reference enactment of the law, there was no prohibition against a law
establishing the governmental to the exigencies of the time, having two subjects, and is therefore valid.
machine and the most general resulting from the ordinary 3. Preamble
rules for its operation. workings of the machine.  An introductory clause at the beginning of a statute.
 Usually found before the enacting clause.
Relatively permanent in Tentative in the nature of  The ‘whereas’ clauses.
character. temporary exigencies.  Sets forth the reasons for its enactment and the object sought
to be accomplished.
4. Enacting Clause
November 27, 2018  Identifies the bill as an act of legislation.
5. Body of the Statute
Statutes  Principal part of the bill embodying that substance of the right
or remedy provided for.
 The written will of the legislature solemnly expressed according to  Divided into sections, articles, chapters.
the forms necessary to constitute a lawful order. 6. Date of Enactment
 Portion which provides when the legislature enacted or
approved the bill.
Parts of a Statute 7. Date of Effectivity
1. Number of the Act  When the law takes effects.
 Every act of a legislative bod is generally numbered and may be  Article 2 of the Civil Code provides:
referenced thereto by such a number.
 They are arranged in numerical order. RA 386 • Article 2. Laws shall take effect after fifteen days
 The lower the number, the older the law is. following the completion of their publication in the Official
 You know when the law was enacted due to number. Gazette, unless it is otherwise provided. This Code shall take
effect one year after such publication.

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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
December 3, 2018
Process in the Enactment of the Law
Classification of Statutes
 There is a procedure in the legislative body how statues are
enacted. First, you introduce them, and it becomes a House Bill  General Classifications
Number to be enacted. o Public
 Then, that bill is read to the entire body. After, it will be referred  One which concerns the interest of the public
to the appropriate committee, who will have their own at large.
discussion and amendments to the bill. o Private
 After, the rotation and passage by the internal rules of the  One which relates to concerns & affects
legislative body. particular individuals.
 Approval of the bill could be in two kinds:  3 Kinds of Public Acts | Statutes
 Tacit approval o General Law
 Express approval  One which applies to the whole state &
operates throughout the state alike, upon all
Relevant Provisions: the people or all the classes.
ARTICLE VI • SECTION 26. Xxx o Special Law
 One which applies to an individual association
(2) No bill passed by either House shall become a law unless and corporation
it has passed three readings on separate days, and printed  i.e. law creating a power plant;
copies thereof in its final form have been distributed to its operate an airline.
Members three days before its passage, except when the o Local Law
 One which is primarily directed only to a
President certifies to the necessity of its immediate
specific spot or is confined in its operation to
enactment to meet a public calamity or emergency. Upon the
the property, persons of a limited portion of
last reading of a bill, no amendment thereto shall be allowed, the territory of the state, a part of its people,
and the vote thereon shall be taken immediately thereafter, or a portion of property of its citizens.
and the yeas and nays entered in the Journal.  i.e. a chapter creating the Island City of Samal
or province of Davao
 There must be a printing and distribution of the bill. When must
it be given?
o Three days before it is read?
 Why?  Kinds of General Law & Statutes
o To prevent hasty and improvident legislation. o As to Duration
o To compel the careful examination of proposed laws,  Permanent Statute
or at least, the according of opportunity for that  One for the continuance for which
purpose. there is no limited time, although it
is not expressly declared to be so.
ARTICLE VI • SECTION 27. (1) Every bill passed by the o i.e. Civil Code, Revised
Congress shall, before it becomes a law, be presented to the Penal Code
President. If he approves the same, he shall sign it; otherwise,  Temporary Statute
he shall veto it and return the same with his objections to the  One that is limited in duration at
House where it originated, which shall enter the objections at the time of its enactment.
large in its Journal and proceed to reconsider it. If, after such o i.e. tax amnesty laws
reconsideration, two-thirds of all the Members of such House
o As to the Date of Taking Effect
shall agree to pass the bill, it shall be sent, together with the
 Prospective
objections, to the other House by which it shall likewise be
 One which applies to such facts or
reconsidered, and if approved by two-thirds of all the transactions & restricts its
Members of that House, it shall become a law. In all such operations to such facts & causes
cases, the votes of each House shall be determined by yeas or after the enactment of the law.
nays, and the names of the Members voting for or against  Retrospective
shall be entered in its Journal. The President shall  One which looks backwards or
communicate his veto of any bill to the House where it contemplates the past;
originated within thirty days after the date of receipt thereof;  One which is made to effect facts &
otherwise, it shall become a law as if he had signed it. transactions occurring before it
came into effect or rights already
xxx accrued & which imparts to them
characteristics, or ascribes to them
effects which were not inherent in
their nature in the contemplation of
the law as it stood at that time of
their occurrence.
o As to nature of their operation.

 Declaratory or expository statute

 One passed for the purpose of
removing a doubt or ambiguity as
to the state of the law, or to correct

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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
a construction deemed by the either from the general
legislature to be erroneous. imperfection of all human laws,
 It either declares what is, and has from change of time and
been the maxim of the law on a circumstances from the mistakes
given point, or expounds the true and unadvised determination of
meaning and intention of a prior judges, or of from any other cause
legislative act. whatsoever.
 Curative statute o Ex. President Marcos
 one which undertakes to cure found that there were
errors and irregularities in judicial defects regarding the
or administrative proceedings, and rights of the child, and
which is designed to give effect to enacted PD 603 to
contracts and other transactions remedy that.
between private parties which o Ex. Remedy the Family
otherwise would fail of producing Code’s lack of coverage
their intended consequences by regarding test tube
reasons of some statutory disability babies.
or the failure to comply with some  Penal Statute
technical requirement.  One which imposes penalty for
 Mandatory statute transgressing its provisions.
 One which commands and requires  Repealing Statute
that certain action shall be taken by  One which abrogates an existing
those to whom the statute is statute.
addressed, without leaving them  Amendatory Statute
any choice or discretion in the  One which changes or modifies a
matter; or when, in respect to statute as originally enacted.
action taken under the statute, o As to Form.
there must be exact and literal  Affirmative Statute
compliance with its terms, or else  One enacted in affirmative terms.
the act done will be absolutely void.  Negative Statute
 Directory Statute  One expressed in negative terms.
 One which directs the manner in
which certain action shall be taken
or certain official duties 'performed  Compiled or Revised Statute
but disregard of it or want of literal  A collection of the statutes existing
compliance with it, though and in force in a given state, all laws
constituting an irregularity, will not and parts of laws relating to each
absolutely vitiate the proceedings subject matter being brought
taken under it. together under one head, and the
 Permissive Statute whole arranged systematically in
 One which authorizes or permits one book either under an
certain action to be taken by those alphabetical arrangement or some
to whom it is addressed and whom other plan of classification.
it concerns, and their option or in  Code or codified statute
their discretion, but does not  A reenactment of the whole body
imperatively require it. of the positive law.
 Preceptive Statute o There are no
 One which authorizes or permits annotations; just copied
certain actions, and regulates the from the way it was
forms and acts which ought to enacted.
accompany them. o As to origin or source
 Prohibitive Statute  Adopted statute
 One that forbids all actions which  One which is taken wholly or in part,
disturb the public repose, and from another state, and enacted as
injury to the rights of others, or a law of the state adopting it.
crimes and misdemeanors, or when o Ex. The civil Code of the
it forbids certain acts or relation to Philippines is adopted
the transmission of estates, or the from the Código Civil of
capability of persons or other Spain.
objects.  Reenacted Statute
o Mala prohibita  One passed by the same legislative
o Ex. BP 22, the body, in the same terms, or in
prohibition against substantially the same language,
donation between and for the same purpose and
spouses object, as the former statute.
 Remedial Statute o A re-enactment of the
 One which supplies defects and same statute.
abridges superfluities in the former
law either by, indulging or Note: You can now identify what kind of statute you are dealing with. Once
restraining such former law. Such you are trying to come up with a discussion, this is how you qualify
defects and superfluities arise each provision that you come across.
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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
iv. Effect of a repeal in a pending action:
December 4, 2018 a. When there is a pending action and the law that is
the subject matter of the case has been repealed,
Amendment of Statute the action is terminated.

 An addition or change within the lines of the original instrument as

will effect an improvement to better carry out the purpose for which Resolution
it was framed.
 Enactments of the legislature either to express sentiments or
Effects of Amendment opinions to carry out the internal affairs of the legislative body or to
i. Amendment produces one law, namely the statute as amended. make temporary laws or procedures or constitutional amendments.
ii. If the amendment is invalid, the original statute as it existed
before the amendment remains in force. Kinds of Resolution
iii. If the amended statute is invalid, it is not validated by i. Simple Resolution
amendment, unless the obnoxious features are removable by a. A formalized motion passed by a majority of a single
amendment. legislative chamber.
i. Either the House of Senate or the House
of Congress.
Repeal of Statutes b. Uses of simple resolution:
i. Create special committees
 An abrogation of the law or the provision of the law. ii. Express recognition for meritorious
i. Unless prevented by a superior authority, the law-making services
power of any government has plenary power to enact or repeal iii. Extend sympathy on the death of a
laws. member
ii. A law which partakes of the nature of a contract is irrepealable; iv. Express opinions to another government
they are an agreement between the individual and the body
government. v. Establish rules governing internal affairs
iii. Laws are repealed only by other subsequent laws. ii. Concurrent Resolution
a. Refers to a simple resolution passed by both
Kinds of Repeal chambers of the legislature.
i. Express Repeal i. Passed by one, concurred by the other.
a. Literally declared by a new law; either in: b. Reflects the opinion of the entire legislative body.
i. Specific terms, as when particular laws iii. Joint Resolution
and provisions are named and identified a. Similar to a statute because it would pass through
to be repealed, or in; greater procedural safeguard and delays to ensure
ii. General terms, as when a provision in a the expression of a more sober judgment.
new law declares all laws and parts b. Has to undergo the same process as a bill towards its
thereof inconsistent therewith to be enactment to both chambers.
repealed.
ii. Implied Repeal December 17 & 18, 2018
a. Takes place when a new law contains provisions
contrary to those of a former law, without expressly Ordinance
repealing them.
 An act passed by a municipal council in the exercise of its law-making
Leges posteriores priores contrarias agrobant (Later authority.
enactments repeal prior ones which are repugnant o They get their power through the charter creating the
thereto.) municipality or city.
o Ex. Smoking ban, Liquor ban
December 11, 2018
Tests of a Valid Ordinance
Effects of Repeal i. It must not contravene the Constitution or any statute.
i. Where a statute is without a re-enactment of the repealed law ii. It must not be unfair or oppressive.
in substantially the same terms and there is no saving clause for iii. It must not be partial or discriminatory.
a general statute limiting the effect of the repeal, the repealed iv. It must not prohibit but may regulate trade.
statute, in regards to its operative effect is considered as if it v. It must be general and consistent with public policy.
had never existed, except as to matters and transactions past. vi. It must not be unreasonable.
a. If the law already gave effect to past acts, respect
that. Succeeding, no more.  If only parts of the ordinance are invalid, then the other parts can still
ii. If the repealing act is invalid: be effective.
a. The invalidity of the repealing act will not be
operative in the repeal of prior laws unless the
language of the repealing clause, such that to leave Presidential Issuances
doubt as to the intention to repeal the former law in
any event.  What the president issues in the exercise of his ordinary power,
b. If there is any doubt, you can still enforce the old law.  Include executive orders, administrative orders, proclamations,
iii. The repeal of the repealing law: memorandum orders, memorandum circulars, and general or specific
a. If repeal is express, repealed law is not revived orders.
unless expressly so provided.
b. If repeal is implied, repealed law is revived.

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STATUTORY CONSTRUCTION • From the Lectures of Atty. Aportadera • Alexandra Cates Erika B. Suyo
Definition:
i. Executive Orders
a. Acts of the president providing for rules of general
or permanent character in the implementation or
execution of constitutional or statutory powers.
ii. Administrative Orders
a. Acts of the president which relate to a particular
aspect of governmental operations in pursuance of
his duties as administrative head.
iii. Proclamations
a. Acts of the president fixing a date or declaring a
statute or condition of public moment or interest
upon the existence of which the operation of a
specific law or regulation is made to depend.
iv. Memorandum Orders
a. Acts of the president on matters of administrative
detail for subordinate or temporary interest which
only concern a particular officer or office of the
government.
v. Memorandum Circulars
a. Acts of the president on matters relating to internal
administration which the president desires to bring
to the attention of all the government for
information and compliance.
vi. General or Specific Orders
a. Acts and commands of the president in his capacity
as commander-in-chief of the Armed Forces of the
Philippines.

 Exam 1 Coverage 

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