Statutory construction - art of expounding the meaning and the intention of the authors of the law.Construction - Drawing conclusions (goes beyond and may call extrinsic factors)Interpretation - process of discovering true meaning (limited to just exploring the text)

Separation of powers.Legislative senate (makes the law)Executive president (executes the law)Judicial - supreme court (interprets the law) (construe and interpret written laws)

Requisites to interpret the law.Actual case or controversyAmbiguity in the law doubtfulness, doubleness of meaning, duplicity, indistinctiveness, or uncertainty of meaning. (two or more meanings)

Dura Lex Sed Lex no interpretation is needed no matter how harsh the law maybe.Verba legis apply the law and not to interpret

1. Where the law speaks in clear and categorical language there is no room for interpretation, vacillation or equivocation, there is room only for application.a. Director of lands vs CA Abistado and heirs (initial hearing in a newspaper - MANDATORY)2. When the law is clear, it is not susceptible of interpretation. It must be applied regardless of who may be affected, even is the law maybe harsh or erroneous.a. Olivia Pascual and Hermes Pascual vs. Esperanza C. Pascual-Bautista Don Andres Pascual; whether to exclude recognized natural children. |the statute is clear and unequivocal|3. The first and fundamental duty of the courts to apply the lawa. People of the Phil. Vs. Mario Mapa y Mapulong Illegal Possesion of Firearms; appointment as secret agent; no provision made for secret agent; conviction stands.4. The duty of the courts is to aply the law regarding their feeling of sympathy or pity for the accused.a. People of the Phil vs. Patricio Amigo Charged of convicted murder; reclusion perpetua; Dura Lex Sed Lex

DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATIONHermeneutics science and art of construction and interpretationLegal Hermeneutics systematic body of rules which are applicable to the construction and interpretation of rules.1. CLOSE INTERPRETATION (Literal) in its narrowest meaning2. EXTENSIVE INTERPRETATION (Liberal) more comprehensive signification3. EXTRAVAGANT INTERPRETATION substitution of meaning beyond true one4. FREE OR UNRESTRICTED INTERPRETATION interpretation in good faith, not bound by principle5. LIMITED AND RESTRICTED INTERPRETATION influenced by others6. PREDISTINED INTERPRETATION texts are in accordance with his preconceived views and desires

STATUTESLegislative ProceduresBill (draft of the proposed law)Act (after it has been acted on and passed by legislature)Statute (written will)

Parliamentary SystemNational Assembly introduces a billDead1st - calendar for first reading (No. & Title only)appropriate committee (study); PUBLIC HEARINGSDeadreturned for calendar of second reading2nd - Debates; amendments; insertions (printing upon approval 3 days)Calendared for third and final readingDead3rd voting of billOther house (same process); variance; bicameral committee; compromise billPresidentVeto sign2/3law (if not signed within 30 days automatically a law)law

Constitutional Test1. One subject per title (hodge-podge, fraud, apprise people)2. No Bill becomes a law unless passed for three readings to prevent improvident legislation; last reading, no amendment3. Every bill shall pass congress before being presented to the presidentPARTS OF A STATUTEa. Title brief summaryb. Preamble reasons for enactmentc. Enacting Clause declares its enactmentd. Body main operative parte. Repealing Clause prior statute / specifies provisionsf. Saving Clause restriction in repealingg. Separability Clause one or more provisions declared voidh. Effectivity Clause effective dateKINDS OF STATUTE1. General Law affecting community at large2. Special law designed for a particular purpose3. Local Law particular locality4. Public law concerned with organization of the state5. Private law law regulating individuals, corporations and associations6. Remedial law wrongs are redressed and relief obtained7. Curative Statute retrospective statute with purpose of correcting errors8. Penal Laws defines criminal offense and specifies fines and punishments9. Prospective laws applicable only to cases that arise after enactment10. Retrospective law looks backward or contemplates in the past11. Affirmative law mandatory terms what shall be done to contrast negative statute12. Mandatory law requires not merely a permit but cause of action13. Judicial Doctrine judicial interpretation of a statuteCONCEPT OF VAGUE STATUTES1. Violates due process2. Leaves law unbridled discretion; arbitrary flexing of Govt muscleVoid for uncertainty language conveys definite warning as to proscribed conductVagueness requires only reasonable degree not absolute precisionREPEALS OF STATUTE Express repeal declaration of former law revoked and absolute Implied repeal in conflict of two statues, only one stand in force When there is conflict and latter act stands Irreconcilable inconsistency - Complete subject repeated; clear intention of substituting earlier lawORDINANCE Baranggay (390) Bayan (446) Panlungsod (457) Panlalawigan (467)TEST FOR VALID ORDINANCE Not contravene; not to be unfair oppressive; not to be partial or discriminatory; not prohibit but may regulate trade; general and consistent with public policy; not be unreasonable.Reason why ordinance not contravene a statute Mun agents are only agents of National Govt. Local Councils delegated legislative by Congress, from which they derive their power It may destroy; abridge and control unless with constitutional limitation (POWER TO CREATE MEANS POWER TO DESETROY) (POWER TO GRANT HAS POWER TO WITHHOLD)ROLE OF FOREIGN JURISPRUDENCE Processual presumption foreign law is similar to ours

LEGISLATIVE INTENTInterpretation and construction ascertain meaning and intention of legislature

1. Legislative intent is determined principally from language of the statutea. Socorro Ramirez vs. CA vexed, insulted, humiliated; produced verbatim transcript; criminal case 4200; any can include even person privy to communication. VERBA LEGIS language of statute is plain and free from ambiguity and express single definite sensible meaning.2. Plain Meaning Rule vs Verba Legisa. Globe-Mackey vs NLRC and Inelda Salazar Employee with connivance to Yambao; security of tenure; unjust dismissal; reinstated; verba legis non est recedendum3. When language of the law is clear, it should be given its natural meaning.a. Felicito Basbacio vs Office of Sec and DOJ RA 7309 compensation to person who was unjustly accused, convicted but released by acquittal; appellant must be found innocent; Statutes as a whole consider statute as a whole and not just a particular provision4. Interpreting a statute, care should be taken that every part be given effect.a. JMM promotions vs Ulpiano Delos Santos necessary to post appeal bond. Dismissed petition; for an appeal to be complete appeal bond is to insure payment of monetary award if eventually affirmed to appeal on NLRC Ut res magis valen quam pareat - 5.