Professional Documents
Culture Documents
Statutory Construction Doctrines
Statutory Construction Doctrines
Statutory Construction Doctrines
Construction, defined
Caltex v. Palomar
Construction is the art or process of discovering and
expounding the meaning and the intention of the authors
of the law with respect to its application to a given case,
where that intention is rendered doubtful, amongst others,
by reason of the fact that the given case is not explicitly
provided for in the law.
Legislative Intent/Ratio Legis Dura Lex Sed Lex when
the law is clear and unambiguous, there is no room for
interpretation/Plain Meaning Rule/Spirit and Purpose of
Law
RCBC v. IAC
When the law is clear and free from any doubt or
ambiguity, there is no room for construction or
interpretation. Only when the law is ambiguous or of
doubtful meaning may the court interpret or construe its
true intent. A statute is ambiguous if it is admissible of
two or more possible meanings, in which case, the Court
is called upon to exercise one of its judicial functions,
which is to interpret the law according to its true intent.
Regalado v. Yulo
The intent of the Legislature is to be ascertained and
enforced is the intent expressed in the words of the
statute. The courts cannot assume some purpose in no
way expressed and then construe the statute to
accomplish this supposed intention.
Matabuena v. Cervantes
The principle of statutory construction that what is within
the spirit of the law is as much a part of it as what is
written; whatever omission may be apparent in an
interpretation purely literal of the language used must be
remedial by an adherence to its avowed objective.
Wisdom/Practicality of Law
RCBC v. IAC
The holding that suspension of actions for claims against a
corporation under rehabilitation takes effect as soon as
the application or a petition for rehabilitation is filed with
the SEC may, to some, be more logical and wise but
unfortunately, such is incongruent with the clear language
of the law. To insist on such ruling, no matter how practical
and noble, would be to encroach upon legislative
prerogative to define the wisdom of the law plainly
judicial legislation.
Literal Interpretation
Bello v. CA
This Court has cautioned against narrowly interpreting a
statute as to defeat the purpose of the legislator and
stressed that it is of the essence of judicial duty to
construe statutes so as to avoid such deplorable result (of
injustice or absurdity) and that therefore a literal
interpretation is to be rejected if it would be unjust or lead
to absurd results. In the construction of its own Rules of
Court, this Court is all the more so bound to liberally
construe them to avoid injustice, discrimination and
unfairness and to supply the void that is certainly within
the spirit and purpose of the Rule to eliminate repugnancy
and inconsistency.
Salaria v. Buenviaje
Construction by Executive Branch of government of a
particular law although not binding upon courts must be
given weight as the construction comes from that branch
of government called upon to implement the law.
Valid in part, void in part
Barrameda v. Moir
The general rule is that where part of a statute is void as
repugnant to the Organic Law, while another part is valid,
the valid portion, if separable from the invalid, may stand
and be enforced.
Brehm v. Republic
Mandatory provisions prevail over directory ones.
Ejusdem Generis
Roman Catholic Archbishop of Manila v. SSS
Mutuc v. COMELEC
Under the well-known principle of ejusdem generis, the
general words following any enumeration being applicable
only to things of the same kind or class as those
specificially referred to.
are
directory,
and
not
refer to matters merely
Peope v. Mapa
The fact that a person, found in possession of an
unlicensed firearm, is a secret agent of a provincial
governor does not exempt him from criminal liability. The
law does not contain any exception for a secret agent.
People v. Santayama
At the accuseds apprehension, the doctrine then
prevailing is enunciated in the case of People v.
Macarandang, holding that the appointment of a civilian
as secret agent to assist in the maintenance of peace
and order campaigns and detection of crimes sufficiently
puts him within the category of a peace officer
equivalent even to a member of the municipal police
expressly covered by Section 879. The case of People v.
Mapa revoked the doctrine in Macarandang case only on
August 30, 1967. Under the Macarandang rule therefore
AND/OR
Romulo, Mabanta v. Home Development and Mutual Fund
The term and/or means that the effect shall be given to
both the conjunctive and and the disjunctive or; or
that one word or the other may be taken accordingly as
one or the other will best effectuate the purpose intended
by the legislature as gathered from the whole statute. The
term is used to avoid a construction which by the use of
the disjunctive or alone will exclude the combination of
several of the alternatives or by the use of the conjunctive
and will exclude the efficacy of any one of the
alternatives standing alone. It is accordingly ordinarily
held that the intention of the legislature in using the term
and/or is that the word and and the word or are to
be used interchangeably.
Retroactivity
Espiritu v. Cipriano
Statutes are not to be construed as intended to have a
retroactive effect so as to affect pending proceedings
unless such intent is expressly declared or clearly and
necessarily implied from the language of enactment.
Casus omissus pro omisso habendus est
People v. Manantan
The rule of casus omissus pro omisso habendus est can
operate and apply only if and when the omission has been
clearly established.
Computation of Time
Viray v. CA
The rule that excludes the last day of a period, should the
same be a holiday, refers to the performance of the act
prescribed or required. But it does not apply where at the
end of the period no such act is to be done.
Liberal or strict construction
- statement of a rule when there is ambiguity
- if procedural: liberal
Holographic wills: Ajero v. CA
Failure to strictly observe other formalities will not result
in the disallowance of a holographic will that is
unquestionably handwritten by the testator.
Naturalization Laws: Ong Chia v. Republic
It is settled that naturalization laws should be rigidly
enforced and strictly construed in favor of the government
and against the applicant.
Labor Statutes: A.L. Ammen v. Borja
Labor: liberal construction in favour of labor statutes.
Tax Exemptions: Esso Standard v. Acting Commissioner of
Customs
Exemption from taxation is not favored. Exemptions in tax
statutes are never presumed. Exceptions from taxation
are construed in strictissimi juris against the taxpayer and
liberally in favour of the taxing authority.
Taxation: Manila Railroad v. Collector of Customs
It is the general rule in the interpretation of statutes
levying taxes or duties not to extend their provisions
beyond the clear import of the language used. In every
case of doubt, such statutes are construed most strongly
against the Government and in favour of the citizen,
because burdens are not to be imposed, nor presumed to
be imposed, beyond what the statutes expressly and
clearly import.