III.

CARDINAL RULES IN STATUTORY

CONSTRUCTION

Ascertain legislative intent.

o Statute as a whole
o Not isolated part or provision
o Once known, no other choice but to apply
it
o If transparent, construction dispensed with
Factors to consider when to liberally or strictly
construe a statute.
o Former law on the matter
o Persons or matters with which it deals
o Letter or language of the law
o Purposes and objects of the statue
Statutes in derogation of common rights, how
construed.
o In case of doubt, STRICTLY
CONSTRUED AGAINS THE LAW
o In favor of common rights.
o Common rights, examples.
Personal liberty
Property
Freedom of contract
Exercise of any trade or
profession.
Statutes prescribing formalities of wills, how
construed.
o In case of doubt, STRICTLY
CONSTRUED AGAINST THE
VALIDITY OF THE WILL
o Since the testator is already dead
o Dead men tell no tale
o Failure to comply with required written
formalities
o Fatal
o The will cannot be admitted to probate
(process of proving the will before the
court)
Naturalization laws, how construed.
o In case of doubt, STRICTLY
CONSTRUED IN FAVOR OF THE
GOVERNMENT, AGAINST THE
APPLICANT
o Requirements for naturalization must be
complied to the letter
o to ensure that undesirable aliens are not
naturalized.
Statute conferring rights of eminent domain,
how construed.
o In case of doubt, AGAINST THE
GOVERNMENT
o It derogates private rights to property and
ownership
o Because in eminent domain, almost
always you cannot refuse because by

force, the government can take your

property from you.
Statutes granting rights to laborers, how
construed.
o In case of doubt, LIBERALLY
CONSTRUED IN FAVOR OF LABOR
o Because labor laws are a piece of social
legislation. It is intended to improve the
life of the poor and the marginalized.
Statutes granting tax exemptions, how
construed.
o In case of doubt, STRICTLY AGAINST
THE TAXPAYER
o Taxation is the lifeblood of the
government
Prospective and retrospective interpretation,
distinguished.
o Prospective applies to such facts and
causes after its enactment
o Retrospective applies to such facts and
causes before its enactment
o Exemption: if favorable to the accused
o Exemption to the exemption: if accused
is a habitual criminal
o General rule statutes are construed
prospectively unless clearly stated
otherwise in the statute
o In case of doubt, RESOLVE AGAINST
RETROSPECTIVE EFFECTS, IN
FAVOR OF PROSPECTIVE
CONSTRUCTION
o If you go back in time, it violates basic
rules on due process.
o How can you violate against the law when
it was not in the law when you committed
the act?
Retrospective application of law, effect.
o Takes away or impairs vested rights
acquired under existing laws.
o Creates new obligation
o Imposes new duties
o Attaches disability
o in respect of transactions or considerations
o already past
Ex post facto law and bill of attainder.
o Section 22, Article III, 1987 Constitution
o No ex post facto law or bill of attainder
shall be enacted.
An ex post facto law is any of the following:
o A law which makes criminal an act done
before the passage of the law and which
was innocent when done, and punishes
such act
o A law which aggravates a crime, or makes
it greater than it was, when committed

A law which changes the punishment and

inflicts a greater punishment than that
annexed to the crime when committed
Applies only to criminal
proceedings.
o A law which alters the legal rules of
evidence, and authorizes conviction upon
less or different testimony than the law
required at the time of the commission of
the offense
Levels of proof of evidence:
Substantial evidence
lowest level of proof
Preponderance evidence
who has got the wittier
evidence?
Clear and Convincing
evidence
Guilt Beyond
Reasonable doubt
Overwhelming evidence
no more doubt. All
evidences point to the
accused.
Administrative cases require
substantial evidences. Civil cases
require only the preponderance
evidence.
o A law which assumes to regulate civil
rights or remedies only, but in effect
imposes penalty pr deprivation of a right
for something which when done was
lawful;
o A law which deprives a person accused of
a crime of some lawful protection to which
he has become entitled, such as protection
of a former conviction or acquittal, or a
proclamation of amnesty
Test whether the ex post facto clause of the
Constitution is violated.
o Does the retroactive application of the law
o taken from the accused
o any right
o that was regarded at that time
o as vital for the protection of life and
liberty?
Scope of prohibition against ex post facto law.
o Applies only to criminal or penal matters
o Not to laws which concern civil
proceedings generally
o which affect or regulate civil or private
rights or political privilege.
Ex post facto law prohibited, exception.
o If it favors the accused.
Exception to the exception.
o

If the accused is a habitual delinquent.

Statute provides it does not apply to
existing statutes or pending cases.
o Where the accused disregards the later law
and invokes the prior statute under which
he was prosecuted.
Bill of attainder, defined.
o Legislative act which inflicts punishment
without judicial trial.
Bill of pains and penalties, defined.
o If the punishment
o Be less than death.
Bill of attainder is the generic term which includes
Bill of pains and penalties. If you want to be
specific, use Bill of Pains and Penalties if you refer
to a punishment less than death or a punishment
that is not capital.
o
o

IV. PARTICULAR RULES OF CONSTRUCTION

Verba legis or plain meaning rule.

o Where the statute is clear, plan and free
from ambiguity
o It must be given its literal meaning
o And applied without interpretation
Index animi sermo est.
o Speech is the index of intention.
Dura lex sed lex.
o The law may be harsh, but it is still the
law.
Ratio legis.
o In construing a statute, the court looks into
the spirit of and reason for the law.
[Verba legis, language; ratio legis, reason why the
law was passed]
o If adherence to the letter of the law leads
to absurdity, injustice, contradictions or
defeat the plain purpose of the law, ratio
legis applies.
o Apparent inaccuracies and mistakes in
mere verbiage or phraseology will be
overlooked to give effect to the spirit of
the law
Mens legislatories.
o Courts look into the following:
Object to be accomplished
Evils and mischief to be remedied
Purpose to be subserved.
o Statutes liberally construed to serve its
purpose.
o Even if literal interpretation says
otherwise.
o When the language of a particular
provision of law admits of two

interpretations, the one that gives effect to

the intent must be followed.
o We cannot afford to call laws ineffective
just because there is ambiguity.
o It is presumed that every law passed by
Congress is valid, is constitutional.
Declaring a law unconstitutional is the last
resort of the Supreme Court in reference of
a coequal branch of the government
pursuant to the separation of powers.
Ejusdem generis.
o Where general term follows particular
things, the general term is construed to
include those things or persons of the same
class as those specifically enumerated.
o Those words that are similarly situated that
might not have been included in the
enumeration are actually included because
of ejusdem generis.
o If you dont use ejusdem generis, we will
be constrained to enumerate each and
every specific member of the class. If you
enumerate, you might omit something. If
you omit something, that can be a loophole
in the law.
o Example: Trustees, agents, attorneys at
law and other persons.
o other persons only such persons in
similar position of trust like guardians
Ejusdem generis, purpose.
o Gives effect both specific and general
words.
o Particular words indicate the class and the
general includes all embraced in said class
although not specifically named.
Reddendo singular singulis.
o Doctrine of Collocation
o Association between two words that are
typically or frequently used together
o Where the sentence has several
antecedents and consequents, they are to
be read distributively.
o Antecedent word or phrase that a
subsequent or consequent refers to
o Consequent a word or phrase that an
antecedent word precedes.
o Example: Statutory Construction is an
easy subject, but the Professor somehow
makes it difficult.
o Distributive refers to each member of
the group individually and separately
o Examples of distributive words: each,
every, and either.
o Statutory Construction is an easy subject,
but the Professor somehow makes it

difficult. Each student enrolled in the class

may either pass or fail, without fear or
favor.
Expressio unius est exclusio alterius.
o Mention of one thing implies the exclusion
of another
o Opposite of ejusdem generis.
o If not included in the enumeration, it is
excluded.
o Example: Female law students are
required to wear uniform on a Monday. It
excludes the males automatically.
Noscitur a sociis.
o Meaning of a particular term in a statute
may be ascertained by reference to words.
o Associated with or related to them in
statute.
Casus omissus.
o Words or phrases may be supplied by the
courts and inserted in a statute.
o By construction, not physical insertion.
Once a bill is already an authenticated bill,
even the court, cannot touch it. If the Court
wants to change something to make the
law make sense, no need for physical
alteration, rather, just through
construction.
o Where I is necessary to eliminate
repugnancy and inconsistency to complete
the send and give effect to the intent,
o Used to supply omissions caused by
clerical errors, by accident or
inadvertence.
Casus omissus, conditions for application.
o Only if it is palpable (meaning, very
visible, manifest to the naked eye, klaro
kaayo)
o And the omitted words are plainly
indicated in the context
o Or verifiable from other parts of the
statute.

V. CONSTRUCTION OF WORDS AND PHRASES

may & shall, distinguished.

o may directory; permissive and
operates to confer discretion
o shall mandatory; imperative with a
duty to enforce
Guingona v Carague, GR No. 94571, Apr 22,
1991
o Facts: Congress earmarked 86 billion for
debt servicing and 27 billion for education.
This was challenged as unconstitutional
because Section 5, Article XIV o the 1987
Constitution says:
o The state shall assign the highest
budgetary priority to education x x x
o Held: While it is true that it mandates
Congress to assign the highest budgetary
priority to education, it does not follow
that the hands of Congress are so
hamstrung as to deprive it the power to
respond to the imperatives of national
interest and for the attainment of other
state policies or objectives.
o The use of the word shall is not always
mandatory, it may be construed as merely
directory depending on legislative intent or
when the provision involved is not selfexecuting.
Special or technical meaning.
Words and phrases having technical or special
meaning are construed in their technical sense
This applies to terms with established trade,
business, commercial or professional significance
o Except:
o When intended otherwise by Congress or
it defeats legislative intent
Illustrative case: Asiatic Petroleum Co. v
Collector, 30 Phil. 510
Facts:
o A tax law provides that no tax shall be
collected on such article which before the
taking effect of this Act, shall been
disposed of to persons other than
manufacturers or wholesale dealer.
Issue:
o Whether sale and delivery constitute
disposed of?
Held:
o No. The oil was not disposed of. Had the
legislature intended disposed of to mean
sold and delivered, it would have used
the latter phrase.
o The legislature evidently took into
consideration the custom of merchants in

using the phrase disposed of in its

commercial sense and not technical sense.
o (There is a certain type of lingo that only a
group of people understands; jargon)
Conjunctive and and disjunctive or
o or disjunctive article indicating an
alternative.
When used, the various members
of the sentence are to be taken
separately
o and conjunctive article
When used, the various members
of the sentence are to be taken
jointly.
all, any, every, etcetera
o all universal or comprehensive sense
Example: All female law
students are required to wear
corporate attire every
Wednesday
o any restrictive interpretation in some
cases
Example: Any female law
student who does not wear
corporate attire on a Wednesday
is required to wear it everyday.
o every word of inclusion.
Example: Every female law
student in the University of San
Carlos College of Law is required
to wear corporate attire every
Wednesday.
o etcetera and so forth
depends on the text of the statute
Grammar.
o Rules for language
o The system of rules by which words are
formed and put together to make
sentences.
Grammar, what rules apply.
o Ordinary rules of grammar to determine
legislative intent
Grammar, limitation.
o Not conclusive if it defeats legislative
intent
Rules on punctuation, tense, gender and number,
degree of aid.
o Very little weight (does not bind)
Tense.
o Statutes expressed in the future may
nevertheless be regarded as having present
effect.
Gender.
o The use of masculine gender does not
preclude application to females
o Where intent requires it.

Number.
o Words importing singular number may be
extended to several persons or things
o Unless it defeats legislative intent
Inaccuracies or clerical errors.
o May be corrected by the court if it is
necessary to carry out the legislative intent
Example:
courts of law was encoded
instead of course of law
That it is a mere typographical
error is evident.
If uncorrected, it renders the law
nonsensical
It must be corrected by the court
as it is duty bound to give statue a
sensible construction.

A man wrote a book entitled:

How to Change Your Life
He was uncertain if it sells, since
it appears predictable, as many
other books of similar theme
were already published prior to it.
To his surprise, 10 million copies
were sold on the first week they
were out in the market.
It turned out the title was
inadvertently made
How to Change Your Wife
Foreign Language.
o The Revised Penal Code was approved in
its Spanish text but translated to English.
o In case of doubt, the Spanish text prevails.