STATUTORY CONSTRUCTION AIDS TO CONSTRUCTION (from PPT) BY: DOMINIC B.

ESTREMOS

AIDS TO CONSTRUCTION

EXTRINSIC AIDS

Where the meaning of a statute is ambiguous, the court is
warranted in availing itself of all legitimate aids to
construction in order that it can ascertain the true intent
of the statute.
Those extraneous facts and circumstances outside of the
printed page or the text of the statute
When availed of?

(U.S. v. De Guzman [1914])

o If after all the intrinsic aids have been availed of
and the ambiguity in the statute still exists

o Only if the examination of the statute itself is of

no avail

INTRINSIC AIDS

Those founds in the printed page of the statute itself 1. Legislative History

An examination of the text of the parts of the statute 2. Purpose of the Law

3. Records of the Constitutional Conventions or

Commissions
Parts of the Statute as Intrinsic Aids:
4. Contemporary Construction
1. Title
5. Dictionaries
2. Preamble
6. Presumptions
3. Explanatory Note

4. Context of the Whole Text / Analysis of Several or All

Provisions of the Law Legislative History

5. Punctuation Marks Refers to all its antecedents, from its inception until the
enactment of the law
6. Capitalization of Letters
Includes the Presidents message if the bill is enacted in
7. Intent or Spirit of the Law response thereto, explanatory note accompanying the bill,
committee reports of legislative investigations and public
hearings on the subject of the bill, debates and
8. Statutory Directive deliberations concerning the bill, etc.

Also change of legislative policy, and changes in statutory

language
Statutory Directive: Example

RA 8792 (Electronic Commerce Act of 2000)

Contemporary Construction

Constructions placed upon statutes at the time of, or after,

Section 37. Statutory Interpretation. - Unless otherwise their enactment, by the executive, legislature, or judicial
expressly provided for, the interpretation of this Act shall give authorities, as well as those, who, because of their
due regard to its international origin and the need to promote involvement in the process of legislation, are
uniformity in its application and the observance of good faith in knowledgeable of the intent and purpose of the law.
international trade relations. The generally accepted principles
of international law and convention on electronic commerce
shall likewise be considered. Interpretation of the law by the implementing
administrative agent

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STATUTORY CONSTRUCTION AIDS TO CONSTRUCTION (from PPT) BY: DOMINIC B. ESTREMOS

investigative and judicial proceedings.

Unfortunately, the current system does not
have a clear procedure for such. Oftentimes,
the deaf individual is left to find and pay a
suitable interpreter. Without a proper system,
finding an interpreter may also delay
proceedings.
Explanatory Note: Example

This measure was filed in

the House of
The proposed bill addresses all of these
problems. It is the responsibility of the State The note
Republic of the Philippines Representatives. A parallel specifies the
version is usually filed in to provide for interpreters during any
solution to the
the Senate. government proceeding, be it for police problem that
HOUSE OF REPRESENTATIVES investigations, court or public hearings. Hired the bill
interpreters are also entitled to sufficient
payment and rest.
Quezon City

In view of the foregoing, immediate approval

thereof is highly recommended.

FIFTEENTH CONGRESS

First Regular Session

Presumptions
House bills receive a
number when they are
That the legislature acted within the scope of its authority

HOUSE BILL No. 4631

Against violation of international law

Against extra-territorial operation of statutes

Introduced by Reps. TEDDY A. CASINO,

NERI JAVIER COLMENARES, LUZVIMINDA Against unconstitutionality
C. ILAGAN, RAFAEL V. MARIANO,
RAYMOND V. PALATINO, ANTONIO L.
Against inconsistency
TINIO and EMMI A. DE JESUSThese are the authors of

Against injustice

As to the motive of the legislature

EXPLANATORY NOTE In favour of beneficial operation of statutes

Against inconvenience

For most people, the Importance of Against absurdity

communication is usually taken for granted.
But for individuals constrained by hearing or The note
faced with audiological impairment, the explains the Against ineffectiveness of statutes
insufficiency of communication systems and prevailing
the lack of support can cause great injustice situation and
why there is a As to public policy
and disparity. For instance, data from the
need to enact
Philippine Deaf Resource Center (PDRC) the proposed
show that one out of three deaf women is a Against irrepealable laws
victim of rape while 65 to 70% of deaf
children are molested. Of the 82 cases they
monitored, 67% of deaf complainants lodged Against repeal of laws
rape comlaints while 32% of deaf
respondents were accused of theft.
Against implied repeals

Against unnecessary changes in the laws

With the high incidence of criminal cases

involving deaf persons, there is an Of acquiescence to judicial construction
unquestionable need for interpreters during

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 STATUTORY CONSTRUCTION AIDS TO CONSTRUCTION (from PPT) BY: DOMINIC B. ESTREMOS

As to (knowledge of) existing laws As to foreign laws

In favour of exceptions to general language

As to jurisdiction of the courts

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