8 |STRICT & LIBERAL CONSTRUCTION & INTERPRETATION OF STATUTES

GENERAL PRINCIPLES
Statutes strictly construed
o nothing should be included within the scope that does not come clearly within the
meaning of the language use
o language must be given its exact and technical meaning
o not applicable if statute is certain and unambiguous

Statutes liberally construed
o Meaning of statute may be extended to matters which come within the spirit or reason
of the law or within the evils which law seeks to suppress or correct
o Cannot be given a meaning inconsistent with language used by legislature

Sutherlands guidelines on whether statute or some of its provisions should be liberally or
strictly construed
o The former law on the matter
o Persons or rights with which it deals
o Letter or language of the law
o Purpose and objects of statutes
PENAL STATUTES
Construed strictly against the state and in favour of the accused
o Construction subject to scrutiny and to construe it with strictness as to safeguard the
rights of the accused
o Acts in and of themselves innocent and lawful cannot be held to be criminal unless there
is a clear and unequivocal expression of the legislative intent to make them such
PRINCIPLES
o Penal Statutes should be construed strictly against the State and in favour of the
accused
o Penal laws are liberally in favour of the accused
TAX LAWS
General Rule: power to tax is an incident of sovereignty and is unlimited in its range,
acknowledging in its very nature no limits, so that security against its abuse is to be found only
in the responsibility of the legislature which imposes the tax on the constituency who are to pay
it
The power to tax involves the power to destroy
o Destructive power which interferes with the personal and property rights of the people
and takes from them a portion of their property for the support of the government
Power to tax vested in Congress; may be exercised by local legislative bodies
PRINCIPLES
o In case of doubt, tax statutes are to be construed strictly against the government and
liberally in favour of the tax payer, for taxes, being burdens, are not presumed beyond
what the applicable statute expressly and clearly declares
o Any claim for exemption from a tax statute is strictly construed against the taxpayer.
However, where the law is clear and unambiguous, the law must be taken as it is,
devoid of judicial addition or subtraction
o Tax exemption must be strictly construed against the taxpayer and liberally in favour of
the state
o Tax exemption strictly construed against the taxpayer
o Statutes granting tax exemptions must be construed in strictissimi juris against the tax
payer and liberally in favour of the taxing authority. In construing a statute, it is the duty
of courts to seek the real intent of the legislature, even if, by so doing, they may limit
the literal meaning of the broad language
o Naturalization laws should be rigidly enforced and strictly construed in favour of the
government and against the applicant
INSURANCE LAW
PRINCIPLE: Contracts of Insurance are to be construed liberally in favour of the insured and
strictly against the insurer

LABOR & SOCIAL LEGISLATIONS
Liberal construction and interpretation of labor laws may not be applied where the pertinent
provisions of the Labor Code and PD 626 are clear and leave no room for interpretation
PRINCIPLES
o The official agents charged by the law to implement social justice guaranteed by the
Constitution should adopt a liberal attitude in favour of the employee deciding claims
for compensability
o Doubts in interpretation of Workmens Compensation and Labor Code should be
resolved in favour of the worker
o Social legislation is liberally construed
o Sympathy of law on social security is towards beneficiaries and law by its own terms,
requires a construction of utmost liberality in their favour
RETIREMENT LAWS
PRINCIPLE: Liberally interpreted in favour of the retiree because the intention is to provide for
the retirees sustenance and comfort, when he is no longer capable of earning his livelihood

ELECTION RULES
PRINCIPLE: Statutes providing election contests are to be liberally construed to the end that the
will of people in the choice of public officer may not be defeated by mere technical objections
RULES OF COURT
PRINCIPLES
o Liberally construed in order to promote their objective of securing a just, speedy and
inexpensive disposition of every action and proceeding
o COMELEC rules on procedure shall be liberally construed in order to promote the effective and
efficient implementation of the objectives of ensuring the holding of free, orderly, honest,
peaceful, and credible elections and to achieve just, expeditious and inexpensive determination
and disposition on every action and proceeding brought before the Commission

9 |PROSPECTIVE & RETROSPECTIVE STATUTES
GENERAL PRINCIPLES
Prospective Statues
o Operates upon acts and transactions which have not occurred when statute takes effect
o Regulates the future
Retrospective
o One which takes away or impairs vested rights acquired under existing laws
o Creates new obligations and imposes new duties or attaches new disabilities in respect
of transaction already past
Statutes operate prospectively only and never retrospectively, unless the legislative intent to the
contrary is made manifest expressly/impliedly
Retrospective Statutes prohibited by Constitution
o law impairing obligations of contracts
o ex-post facto law/ bill of attainder
Retroactive legislation is looked upon with disfavour because of its tendency to be unjust and
oppressive. Thus, laws impairing vested rights are not given retrospective application
PENAL STATUTE
Applied prospectively. Felonies and misdemeanours are punished under the laws in force at the
time of their commission
Applied retroactively if favourable to the accused who is not a habitual criminal
PROCEDURAL LAWS
Statutes regulating procedure of the Court will be construed as applicable to actions pending
and undetermined at the time of their passage (Retrospective in that sense; to that extent)
Should not be given retroactive effect if it would result in great injustice and impair substantive
right


CURATIVE STATUTES
Undertake to cure irregularities and admin proceedings
Give effect to contracts and transaction between private parties which otherwise would fail of
producing their intended consequences by reason of some statutory disability or failure to
comply with some technical requirement
Retroactive in character

PRINCIPLES
Question of whether statute operates retrospectively or only prospectively depends on
legislative intent
As a rule, laws cannot be given retroactive effect in absence of a statutory provision for
retroactivity or a clear implication of the law to that effect
All statutes are to be construed as having only a prospective operation unless the purpose and
intention of legislature to give them retrospective effect is expressly declared or necessarily
implied from language used
Law should only be applied prospectively unless legislative intent to give them retroactive effect
is expressly declared or necessarily implied
Penal laws shall have retroactive effect insofar as they favour person guilty of a felony who is
not a habitual criminal
Insofar as RA 8294 is not beneficial to the accused because it unduly aggravates the crime, such
new law will not be given retroactive application, lest it acquire the character of an ex post facto
law
Procedural Laws are retrospective
Statutes regulating procedure of the courts will be construed as applicable to actions pending
and undetermined at the time of their passage
Sec 1, Rule 39, of 1997 revised rules on procedure should not be given retroactive effect in this
case as it would result in great injustice to petitioner
Procedural Provisions of the Local Government Code are retrospective
Curative statutes are validly accepted in this jurisdiction subject to the usual qualification
against impairment of vested rights
Curative statutes have retrospective effect
The beneficent provisions of RA No. 7659 (heinous crimes law) shall be given retrospective
effect

10 |CONFLICTING STATUTES
EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE
When conflicting clauses and provisions arise (provision in earlier chapter contradicts a section
in later chapter), the statute must be construed as a whole
Care should be taken that every part thereof be given effect on theory that it was enacted as
integrated measure and not hodge-podge of confliction provisions
Construction that would render provision inoperative should be avoided
Inconsistent provisions should be reconciled whenever possible as parts of coordinated and
harmonious whole
STATUTES IN PARIE MATERIA
Statutes relate to same subject matter/ same class of persons or things/ same purpose or object
Construed together each act interpreted with reference to other acts relating to same subject
Even if statutes have not been enacted simultaneously and do not refer to each other expressly
or repealed, expired, unconstitutional, invalid
If statutes of equal theoretical application to a particular case cannot be reconciled, statute of
later date must prevail being a later expression of legislative will
Effort must be exerted to avoid conflict between statutes
Repeal of laws by implication are not favoured, and the mere repugnancy between two statutes
should be very clear to warrant the Court in holding that the later in time repeals the other


GENERAL AND SPECIAL STATUTES
Statutes treating subject in general terms & another treating part of the same subject in
particularly detailed manner: give effect to both if possible; if irreconcilable general statutes
give way to special/particular provisions as an exception to general provisions
Even if general statute is a later enactment of legislature and broad enough to include the cases
in special law unless there is manifest intent to repeal or alter the special law
STATUTE AND ORDINANCE
If both statute and ordinance can stand together, effect should be given to both.
If there is conflict, ordinance must give way
An essential requisite for a valid ordinance is, among others, that it must not contravene the
statute
RESTATEMENT OF THE RULE
It is presumed that legislature, in drafting and enacting statute, had full knowledge and took full
cognizance of all existing laws on the same subject
When confronted with apparently conflicting statutes, courts should endeavour to reconcile the
same instead of declaring outright the invalidity of one against the other
The wise policy is for the judge to harmonize them if this is possible, bearing in mind that they
are equally the handiwork of the same legislature, and so give effect to both while at the same
time also according due respect to a coordinate department of the government
PRINCIPLES
In case of conflict between the previous article and later article, the latter will prevail
Whenever two statutes of different dates and of contrary tenor are of equal theoretical
application to a particular case, the statute of later date must prevail being a later expression of
legislative will
A special law prevails over a general law regardless of their dates of passage, and the special law
is to be considered as remaining an exception to the general law
A special law must be intended to constitute an exception to the general law in the absence of a
special circumstances forcing a contrary conclusion
When Courts are confronted with apparently conflicting statutes, they should not declare
outright the invalidity of one against the other, but should endeavour to reconcile them
A special and local statute applicable to a particular case is not repealed by a later statute which
is general in its terms, provisions, and application even if the terms of the general act are broad
enough to include the cases in the special law unless there is manifest intent to repeal or alter
special law
It is a well-settled rule that a substantive law cannot be amended by procedural law
A general law cannot repeal a special law
In case of conflict between a general provision of a special law and a particular provision of a
general law, the latter should prevail
When there is irreconcilable repugnancy between a proviso and the body of the statute, the
former prevails as latest expression of legislative intent
Whenever there is a conflict between an ordinance and a statute, the ordinance must give way
Where a special statute refers to a subject in general, which the general statute treats in
particular, the provision of the latter, in case of conflict, will prevail
Ordinance should not contravene a statute. In case of conflict between an ordinance and a
statute, the latter will prevail
It is a basic rule in statutory construction that the enactment of a later legislation which is a
general law cannot be construed to have repealed a special law | WHY? - special statute should
prevail since it evinces the legislative intent more clearly than the general statute
It is elementary in statutory construction that an administrative circular cannot supersede,
abrogate, modify, or nullify a statute. A statute is superior to an administrative circular, thus the
latter cannot repeal or amend it
Where the instrument is susceptible to two interpretations, one which will make it invalid and
illegal and another which will make it valid and legal, the latter interpretation should be adopted
In case of conflict between an administrative order and provisions of constitution, the latter
prevails | WHY? doctrinal that rules of administrative bodies must be in harmony with the
provisions of the constitution


11 | COSNTRUCTION AND INTERPRETATION OF THE CONSTITUTION
What is a Constitution?
System of fundamental law for governance and administration of a nation
It is supreme, imperious, absolute, unalterable except by the authority from which it emanates
Fundamental and paramount law of nation
Supreme law to which all laws and contracts must conform to
Doctrine of Constitutional Supremacy: If a law or contract violates any norm of constitution, that
law or contract is null and void without any force and effect
Construction and Interpretation
Like a statute, construction and interpretation of the constitution is the intention of the framers
of the written constitution.
Natural meaning of the words used in every provision should be taken as it is
All provisions of the constitution are self-executing; Exceptions
Constitutional provision is self-executing if the nature and extent of the right conferred and the
liability imposed are fixed by the constitution
If provision is complete in itself and becomes operative without the aid of supplementary or
enabling legislation, or that which supplies sufficient rule by means of which the right it grants
may be enjoyed or protected, is self-executing
Unless it is expressly provided that a legislative act is necessary to enforce a constitutional
mandate, the presumption now is that all provisions of the constitution are self-executing |
WHY? if constitutional provisions are treated as requiring legislation instead of self-executing,
the legislature would have the power to ignore and practically nullify the mandate of the
fundamental law
Sec 10, 2
nd
Paragraph, Article X11
o In the grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos


Prohibitory provisions given literal and strict interpretation
The Court, in construing a constitution should bear in mind the object sought to be
accomplished by its adoption and the evils, if any, sought to be prevented or remedied
A doubtful provision will be examined in the light of the history of the times, and the condition
and circumstances under which the constitution was framed
Not one provision of the constitution is to be separated from all the others, to be considered
alone, but that all the provisions bearing upon a particular subject are to be brought into view
and to be interpreted as to effectuate the great purposes of the instrument
Courts must harmonize them, if practicable, and must lean in favour of a construction which will
render every word operative, rather than one which may make the words idle and nugatory
Resorting to debates and proceedings of Constitutional Convention may be had only when other
guides fails and said proceedings are powerless to vary the terms of the Constitution when the
meaning is clear
Proper interpretation depends more on how it was understood by the people adopting it than
the framers understanding thereof
SUPREMA LEX
Constitution is Supreme Law of the land
If there is a conflict between a statute and the constitution, the statute shall yield to the
constitution
Statute should be interpreted in harmony with the constitution
STARE DECISIS
Judicial decisions applying or interpreting the laws or the Constitution shall form part of the
legal system of the Philippines (Supreme Court decisions)
Also known as: Rule of precedents
If one case has been decided in one way, the another case, involving the same issue should be
decided in the same manner
Stare Decisis is a sound doctrine for purposes of stability BUT should not be followed when
there is patent error in judgement

CONCLUSION
The constitution is designed to be an enduring instrument, its interpretation is not to be
confined to the conditions and outlook which prevails at the time of its adoption; instead, it
must be given flexibility to bring it in accord with the vicissitudes of changing and advancing
affairs of men
If only to secure our democracy and keep social order, technicalities must give way
There is no hard and fast rule in the construction and interpretation of the Constitution
PRINCIPLES
The constitutional provision on natural born citizens of the Philippines given Retroactive Effect
A constitutional provision should be construed so as to give it effective operation and suppress
the mischief at which it is aimed, hence, it is the spirit of the provision which should prevail of
the letter therof
The Constitution must be construed in its entirety as one, single document
Liberal Construction of one Title One Subject Rule
Resignation of the President under the 1987 Constitution is not governed by any Formal
requirement as to form. It can be oral. It can be written. It can be express. It can be implied
o Elements: intent to resign; intent coupled by acts
The one-year residency requirement for Congressional Candidate under Sec 6, Artcile VI of the
Constitution Liberally and Equitably construed to give fullest effect to the Manifest Will of the
People
Special Provisions prevail over a general one
LEX SPECIALIS DEROGANT GENERALI Special provision or law prevails over a general one
The power to promulgate rules of pleading, practice, and procedure, is now the Courts
exclusive domain and is no longer shard by this Court with Congress, much less executive
o Rules of Court is procedural in nature as it does not create, diminish, increase, or modify
substantive rights
o Rules of Court simply operates as a means to implement an existing right