Statutory Construction Notes

Published by priam gabriel d salidaga

STATUTORY CONSTRUCTION

CHAPTER IPRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction

– t h e a r t o r p r o c e s s o f d i s c o v e r i n g a n d expounding the
m e a n i n g a n d i n t e n t i o n o f t h e a u t h o r s o f t h e l a w w i t h respect to its application to
a given case, where that intention is rendered doubtful, among others, by reason of the
fact that the given case is not explicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking the i n t e n t i o n o f

t h e l e g i s l a t u r e i n e n a c t i n g a s t a t u t e a n d a p p l yi n g i t t o a given state of facts.

A judicial function is required when a statute is invoked and different

interpretations are in contention.

Difference between judicial legislation and statutory construction: Where legislature

attempts to do several things one which is invalid, it may be discarded if the
remainder of the act is workable and in no way depends upon the invalid portion, but if
that portion is an integral part of t h e a c t , a n d i t s e x c i s i o n c h a n g e s t h e
m a n i f e s t i n t e n t o f t h e a c t b y broadening its scope to include subject matter or
territory which was not included therein as enacted, such excision is “judicial
legislation” and not “statutory construction”.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction is the drawing of conclusions with respect to subjects thatare beyond the direct
expression of the text, while

interpretation is the process of discovering the true meaning of the language used.
Interpretation is limited to exploring the writt en text. Construction on the other hand
is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the
text.

SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government:

•L e g i s l a t i v e p o w e r i s v e s t e d i n t h e C o n g r e s s o f t h e P h i l i p p i n e s – t h e Senate
and the House of the Representatives

•E x e c u t i v e p o w e r i s v e s t e d i n t h e P r e s i d e n t o f t h e R e p u b l i c o f t h e
Philippines (Art. VII, Sec.1, Phil. Const.)

•J u d i c i a l p o w e r i s v e s t e d i n o n e S u p r e m e C o u r t a n d i n s u c h l o w e r courts as
may be established by law. (Art VIII, Sec. 1, Phil. Const.)

Legislative – makes the law

Executive - executes the law

Judicial – interprets the law

S i m p l y s t a t e d , t h e s i t u s o f c o n s t r u c t i o n a n d i n t e r p r e t a t i o n o f w r i t t e n laws
belong to the judicial department.

It is the duty of the Courts of Justice to settle actual

c o n t r o v e r s i e s involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse
o f d i s c r e t i o n amounting to lack or excess of jurisdiction on the part of any branch
or instrumentality of the government.

Supreme Court is the one and only Constitutional Court and all other lower courts
are statutory courts and such lower courts have the power to construe and interpret
written laws.

D U T Y O F T H E C O U R T S T O C O N S T R U E A N D I N T E R P R E T THE LAW;
REQUISITES

1.There must be an actual case or controversy,

2.There is ambiguity in the law involved in the controversy.

Ambiguity exists if reasonable persons can find different meanings in a statute,
document, etc.

A statute is ambiguous if it is admissible of two or more

p o s s i b l e meanings.

I f t h e l a w i s c l e a r a n d u n e q u i v o c a l , t h e C o u r t h a s n o o t h e r a l t e r n a t i v e but
to apply the law and not to interpret.

Construction and interpretation of law come only after it has been

demonstrated that application is impossible or inadequate without them.

D I F F E R E N T K I N D S O F
C O N S T R U C T I O N A N D INTERPRETATION

Hermeneutics – the science or art of construction and interpretation.

Legal hermeneutics – i s t h e s y s t e m a t i c b o d y o f r u l e s w h i c h
a r e r e c o g n i z e d as applicable to the construction and interpretation of
legal writings.

Dr. Lieber in his work on Hermeneutics gives the following

classification of the different kinds of interpretation:

1. C l o s e i n t e r p r e t a t i o n – a d o p t e d i f j u s t r e a s o n s c o n n e c t e d w i t h t h e character
and formation of the text induce as to take the words in then a r r o w e s t
m e a n i n g . T h i s i s g e n e r a l l y k n o w n a s
“ literal ”interpretation.

2.Extensive interpretation – also called as liberal interpretation,

i t adopts a more comprehensive signification of the words.

3 . E x t r a v a g a n t i n t e r p r e t a t i o n – s u b s t i t u t e s a m e a n i n g e v i d e n t l y b e yo n d the
true one. It is therefore not genuine interpretation.

4.Free or unrestricted interpretation – proceeds simply on he gen eral

principles of interpretation in good faith, not bound by any specific or superior principle.

5 . L i m i t e d o r r e s t r i c t e d i n t e r p r e t a t i o n - i n f l u e n c e d b y o t h e r p r i n c i p l e s than
the strictly hermeneutic ones.
6.Predestined interpretation – takes place when the interpreter, laboring u n d e r a
s t r o n g b i a s o f m i n d , m a k e s t h e t e x t s u b s e r v i e n t t o h i s preconceived
views and desires.

SUBJECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are the

constitution and statutes which include ordinances. But we may also add resolutions,
executive orders and department circulars.

CHAPTER II
STATUTES

LEGISLATIVE PROCEDURES
The power to make laws is lodged in the legislative department of the
government. A statute starts with a bill.
Bill – is the draft of a proposed law from the time of its introduction in a l e g i s l a t i v e b o d y
through all the various stages in both houses. It is e n a c t e d i n t o l a w b y
a v o t e o f t h e l e g i s l a t i v e b o d y . A n “Act” i s t h e a p p r o p r i a t e t e r m f o r i t
a f t e r i t h a s b e e n a c t e d o n a n d p a s s e d b y t h e legislature. It then becomes a
statute, the written will of the legislature solemnly expressed according to the for m
necessary to constitute it as the law of the state.

“Statute Law” is a term often used interchangeably with the

w o r d “statute”. Statute Law, however, is broader in meaning since it includes not
only statute but also the judicial interpretation and application of the enactment.

HOW DOES A BILL BECOMES A LAW – STEPS

A bill before it becomes a law must pass the strict
c o n s t i t u t i o n a l requirements explicit both in the 1973
C o n s t i t u t i o n a n d t h e 1 9 8 7 Constitution.
Passage of a bill in a parliamentary system (unicameral assembly):
a . A m e m b e r o f t h e N a t i o n a l A s s e m b l y m a y i n t r o d u c e t h e p r o p o s e d b i l l to
the Secretary of the National Assembly who will calendar the same for the first
reading.
b. In the first reading, the bill is read by its number and title only.
c .After the first reading, the bill is referred by the
S p e a k e r t o t h e a p p r o p r i a t e c o m m i t t e e f o r s t u d y. A t t h i s s t a g e , t h e
appropriate c o m m i t t e e w i l l c o n d u c t p u b l i c h e a r i n g s . T h e n a f t e r t h e
p u b l i c hearings, the committee shall decide whether or not to report the bill
favorably or whether a substitute bill should be considered. Should
there be an unfavorable report of the committee, then the proposed bill is dead.
d.Upon favorable action by the committee, the bill is returned to
t h e National Assembly and shall be calendared for the second reading.
e.In the second reading, the bill is read in its entirety.
f.Immediately after the second reading, the bill is set for open
debates w h e r e m e m b e r s o f t h e a s s e m b l y m a y p r o p o s e a m e n d m e n t s
a n d insertions to the proposed bill.
g . A f t e r t h e a p p r o v a l o f t h e b i l l i n i t s s e c o n d r e a d i n g a n d a t l e a s t t h r e e (3)
calendar days before its final passage, the bill is printed in its finalform and copies thereof
distributed to each of the members.
h.The bill is then calendared for the third and final reading. At
t h i s s t a g e , n o a m e n d m e n t s h a l l b e a l l o w e d . O n l y t h e t i t l e o f t h e b i l l i s read
and the National Assembly will then vote on the bill. Under thepresent 1987b
Constitution, after the third and final reading at on eHouse where the bill originated,
it will go to the other House where it will undergo the same process.
i.After the bill has been passed, it will be submitted to the
P r i m e Minister (President) for approval. If he disapproves, he shall veto it a n d
r e t u r n t h e s a m e w i t h h i s o b j e c t i o n s t o t h e N a t i o n a l A s s e m b l y( H o u s e w h e r e
it originated), and if approved by two -thirds of all itsm e m b e r s , s h a l l
b e c o m e a l a w . U n d e r t h e p r e s e n t s e t - u p , i f t h e originating house will
agree to pass the bill, it shall be sent, together with the objections to the other house by
which it shall be likewise beconsidered and must be approved by two -thirds of the
votes. Everybill passed by Congress shall be acted upon by the President
withinthirty (30) days from receipt thereof. Otherwise, it shall become a law.

CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL

Three (3) very important constitutional requirements in the enactment of statute:

1.Every bill passed by Congress shall embrace only one subject
whichs h a l l b e e x p r e s s e d i n t h e t i t l e t h e r e o f . T h e p u r p o s e s o f
t h i s constitutional requirements are:
•To prevent hodge-podge or log-rolling legislation;
• To prevent surprise or fraud upon the legislature; and
• To fairly apprise the people, through such publications
o f legislative proceedings as is usually made, of the subjects
o f legislation that are being considered, in order that they may have opportunity of
being heard thereon by petition or otherwise, if theyshall so desire.

2.No bill passed by either Hous e shall become law unless it has passed
three readings on separate days, and printed copies thereof in its finalf o r m h a v e b e e n
d i s t r i b u t e d t o e a c h m e m b e r t h r e e d a ys b e f o r e i t s passage.
3.Every bill passed by the Congress shall, before it becomes a law,
b e presented to the President. The executive approval and veto power of the President is the third
important constitutional requirement in themechanical passage of a bill.

PARTS OF STATUTE
a.Title
 – the heading on the preliminary part, furnishing the name by w h i c h t h e a c t i s
i n d i v i d u a l l y k n o w n . I t i s u s u a l l y p r e f i x e d t o t h e statute in the brief summary of its
contents.
b.Preamble
– part of statute explaining the reasons for its enactmentand the objects sought to be
accomplished. Usually, it starts with“whereas”.
c.Enacting clause
– part of statute which declares its enactment and serves to identify it as an act of
legislation proceeding from the properlegislative authority. “Be enacted” is the usual
formula used to startthis clause.
d.Body
– t h e m a i n a n d o p e r a t i v e p a r t o f t h e s t a t u t e c o n t a i n i n g i t s substantive
and even procedural provisions. Provisos and exceptionsmay also be found.
e.R e p e a l i n g C l a u s e
- a n n o u n c e s t h e p r i o r s t a t u t e s o r s p e c i f i c provisions which
have been abrogated by reason of the enactment of the new law.
f.Saving Clause
– restriction in a repealing act, which is intended to save rights, pending proceedings,
penalties, etc. from the annihilation which would result from an unrestricted repeal.
g.Separability Clause
– p r o v i d e s t h a t i n t h e e v e n t t h a t o n e o r m o r e provisions or unconstitutional, the
remaining provisions shall still bein force.
h.Effectivity Clause
– announces the effective date of the law.

KINDS OF STATUTES
1.General Law
– affects the community at large. That which affects all people of the state or all of a
particular class.
2.Special Law
– designed for a particular purpose, or limited in range or confined to a prescribed field
of action on operation
3.Local Law
– relates or operates over a particular locality instead of over the whole territory of the
state.
4.Public Law
– a general classification of law, consisting generally of c o n s t i t u t i o n a l ,
a d m i n i s t r a t i v e , c r i m i n a l , a n d i n t e r n a t i o n a l l a w , concerned with the
organization of the state, the relations between the state and the people who compose it,
the responsibilities of publico f f i c e r s o f t h e s t a t e , t o e a c h o t h e r , a n d t o p r i v a t e
p e r s o n s , a n d t h e relations of state to one another. Public law may be general, local
orspecial law.

5.P r i v a t e L a w
– d e f i n e s , r e g u l a t e s , e n f o r c e s a n d a d m i n i s t e r s relationships
among individuals, associations and corporations.
6.Remedial Statute
– providing means or method whereby causes of action may be affectuated, wrongs
redressed and relief obtained.
7.Curative Statute
– a form of retrospective legislation which reachesback into the past to operate upon past
events, acts or transactions ino r d e r t o c o r r e c t e r r o r s a n d i r r e g u l a r i t i e s a n d t o
r e n d e r v a l i d a n d effective many attempted acts which would otherwise be ineffective forthe
purpose intended.
8.Penal Statute
– defines criminal offenses specify corresponding finesand punishments.
9.Prospective Law
– applicable only to cases which shall arise after its enactment.
10.Retrospective Law
– looks backward or contemplates the past; one which is made to affect acts or facts
occurring, or rights occurring,before it came into force.
11.Affirmative Statute
– directs the doing of an act, or declares what s h a l l b e d o n e i n c o n t r a s t
t o a n e g a t i v e s t a t u t e w h i c h i s o n e t h a t prohibits the things from being
done, or declares what shall not bedone.
12.Mandatory Statutes
– generic term describing statutes which requireand not merely permit a course of action.

CONCEPT OF VAGUE STATUTES

Statues or act may be said to be vague when it lacks

c o m p r e h e n s i b l e standards those men “of common intelligence must necessarily
guess atits meaning and differ as to its application.
Statute is repugnant to the Constitution in two (2) respects:
1.It violates due process for failure to accord persons fair notice
o f conduct to avoid; and
2.It leaves law enforcers unbridled discretions.
The Supreme Court held that the “vagueness” doctrine merely requires areasonable degree of
certainty for the statute to be upheld--- not absoluteprecision or mathematical exactitude.
Flexibility, rather than meticulousspecificity, is permissible as long as the metes and bounds of
the statuteare clearly delineated

REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED

Express repeal – is the abrogation or annulling of a previously existing l a w b y t h e
e n a c t m e n t o f a s u b s e q u e n t s t a t u t e w h i c h d e c l a r e s t h a t t h e former law shall be
revoked and abrogated.
Implied repeal– when a later statute contains provisions so contrary toi r r e c o n c i l a b l e
w i t h t h o s e o f t h e e a r l i e r l a w t h a t o n l y o n e o f t h e t w o statutes can stand
in force. T h e r e p e a l o f a p e n a l l a w d e p r i v e s t h e c o u r t o f j u r i s d i c t i o n t o
p u n i s h persons charged with a violation of the old penal law prior to its repeal.

Only a law can repeal a law.

The intention to repeal must be clear and manifest, otherwise, at least,as a general
rule, the later act is to be construed as a continuation of, and not a substitute for, the first
act.

Two (2) categories of repeal by implication:

1.Where provision in the two acts on the same subject matter are in an irreconcilable
conflict;
2.If the later act covers the whole subject of the earlier one
a n d i s clearly intended as a substitute – to be a complete and perfect systemin itself.

ORDINANCE

Ordinance– an act passed by the local legislative body in the exercise of its law-making
authority.

TEST OF VALID ORDINANCE

1.Must not contravene the Constitution or any statute;

2.Must not be unfair or oppressive;
3.Must not be partial or discriminatory ;
4.Must not prohibit but may regulate trade;
5.Must be general and consistent with public policy; and
6.Must not be unreasonable.

R E A S O N W H Y A N O R D I N A N C E
S H O U L D N O T CONTRAVENE A STATUTE

Local councils exercise onl y delegated legislative powers conferred

o n them by Congress as the national law making body.

The delegate cannot be superior to the principal.

ROLE OF FOREIGN JURISPRUDENCE

Philippine laws must necessarily be construed in accordance with

t h e intention of its own law makers and such intent may be deduced fromthe language
of each law and the context of other local legislation relatedthereof.

CHAPTER III
BASIC GUIDELINES IN THE CONSTRUCTION ANDINTERPRETATION OF LAWS

LEGISLATIVE INTENT
 The object of all interpretation and construction of
s t a t u t e s i s t o ascertain the meaning and intention of the legislature, to the end
thatthe same may be enforced.

L e g i s l a t i v e i n t e n t i s d e t e r m i n e d p r i n c i p a l l y f r o m t h e l a n g u a g e o f t h e statute.

VERBA LEGIS
If the language of the statute is plain and free from ambiguity,
ande x p r e s s a s i n gl e , d e f i n i t e , a n d s e n s i b l e m e a n i n g, t h a t
m e a n i n g i s conclusively presumed to be the meaning which the legislature
intendedto convey.

STATUTES AS A WHOLE

A cardinal rule in statutory construction is that legislative intent must bea s c e r t a i n e d f r o m

a c o n s i d e r a t i o n o f t h e s t a t u t e a s a w h o l e a n d n o t merely of a particular
provision. A word or phrase might easily convey ameaning which is different from the one
actually intended.

A statute should be construed as a whole because it is not

t o b e presumed that the legislature has used any useless words, and becauseit is
dangerous practice to base the construction upon only a part of it, since one portion
may be qualified by other portions.

SPIRIT AND PURPOSE OF THE LAW

When the interpretation of a statute according to the exact and literalimport of its
words would lead to absurd or mischievous consequences,or would thwart or
contravene the manifest purpose of the legislature in its enactment, it should be
construed according to its spirit and reason, disregarding or modifying, so far as may be
necessary, the strict letter of the law.

•When the reason of the law ceases, the law itself ceases.
•Doctrine of necessary implications. What is implied in a statute is asmuch a part thereof as that
which is expressed.

CASUS OMISSUS
When a statute makes specific provisions in regard to
s e v e r a l enumerated cases or objects, but omits to make any provision for a caseor object
which is analogous to those enumerated, or which stands uponthe same reason, and is therefore
within the general scope of the statute,and it appears that such case or object was omitted
by inadvertence orbecause it was overlooked or unforeseen, it is calle d a“casus
omissus”. Such omissions or defects cannot be supplied by the courts.
The rule of “casus omissus pro omisso habendus est” can operate and apply only if and
when the omission has been clearly established.

STARE DECISIS

It is the doctrine that, when court has once laid down a principle, and a p p l y i t t o
a l l f u t u r e c a s e s , w h e r e f a c t s a r e s u b s t a n t i a l l y t h e s a m e , regardless of
whether the parties and properties are the same.

Stare Decisis. Follow past precedents and do not disturb what has beens e t t l e d . M a t t e r s
a l r e a d y d e c i d e d o n t h e m e r i t s c a n n o t b e r e l i t i g a t e d again and again.

“Stare decisis et non quieta movere” (follow past precedents and do notdisturb what
has been settled.

CHAPTER IV

CONSTRUCTION AND INTERPRETATION OFWORDS AND PHRASES

WHEN THE LAW DOES NOT DISTINGUISH,

C O U R T S SHOULD NOT DISTINGUISH

When the law does not distinguish, courts should not distinguish. Therule, founded
on logic, is a corollary of the principle that general words and phrases of a statute should
ordinarily be accorded their natural andgeneral significance.

The courts should administer the law not as they think it ought to be butas they find it and
without regard to consequences.

•If the law makes no distinction, neither should the Court.

EXCEPTIONS IN THE STATUTE

When the law does not make any exception, courts may not
e x c e p t something unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS

General terms in a statute are to receive a general construction, unless r e t r a i n e d
b y t h e c o n t e x t o r b y p l a i n i n f e r e n c e s f r o m t h e s c o p e a n d purpose of the
act.
General terms or provisions in a statute may be restrained and limited by specific
terms or provisions with which they are associated.
Special terms in a statute may sometimes be ex panded to a
g e n e r a l signification by the consideration that the reason of the law is general.
G E N E R A L T E R M S F O L L O W I N G S P E C I A L
T E R M S (EJUSDEM GENERIS)
It is a general rule of statutory construction that where general words follow an
enumeration of persons or things, by words of a particular ands p e c i f i c m e a n i n g , s u c h
g e n e r a l w o r d s a r e n o t t o b e c o n s t r u e d i n t h e i r widest extent, but are to be held as
applying only to persons or things of the same general kind or class as those specifically
mentioned. But thisr u l e m u s t b e d i s c a r d e d w h e r e t h e l e g i s l a t i v e i n t e n t i o n i s
p l a i n t o t h e contrary.

This rule is commonly called the “ejusdem generis” rule, because

i t teaches us that broad and comprehensive expressions in an act, such as“and all others”, or
“any others”, are usually to be restricted to personsor things “of the same kind” or
class with those specially named in thepreceding words.Rule of
ejusdem generis
merely a tool of statutory construction resorted to when legislative intent is uncertain.

EXPRESS MENTION AND IMPLIED EXCLUSION

It is a general rule of statutory construction that the express mention of one person,
thing, or consequence is tantamount to an express exclusionof all others.
“Expressio unius est exclusio alterius”.

Except:
•When there is manifest of injustice
•When there is no reason for exception.

ASSOCIATED WORDS (NOSCITUR SOCIIS)

Where a particular word is equally susceptible of various meanings, its correct
construction may be made specific by considering the company of terms in which it is found or
with which it is associated.

USE OF NEGATIVE WORDS

Negative words and phrases regarded as mandatory while
t h o s e affirmative are mere directory.

T h e w o r d “shall” e m p h a s i z e s m a n d a t o r y c h a r a c t e r a n d
m e a n s imperative, operating to impose a duty which may be enforced.

THE USE OF THE WORD “MAY” AND “SHALL” IN

T H E STATUTE

U s e o f t h e w o r d “may” in the statute generally connotes a permissible t h i n g , a n d

o p e r a t e s t o c o n f e r d i s c r e t i o n w h i l e t h e w o r d “shall”isimperative, operating to
impose a duty which may be enforced.
The term “shall” may be either as mandatory or directory dependingupon
a c o n s i d e r a t i o n o f t h e e n t i r e p r o v i s i o n i n w h i c h i t i s f o u n d , i t s object and
consequences that would follow from construing it one way orthe other.

USE OF THE WORD “MUST”

T h e w o r d “ m u s t ” i n a s t a t u t e l i k e “ s h a l l ” i s n o t a l w a ys i m p e r a t i v e a n d may
be consistent with an exercise discretion.

THE USE OF THE TERM “AND” AND THE WORD “OR”

“And” means conjunction connecting words or phrases expressing the idea that the
latter is to be added or taken along with the first.
“Or” is a disjunctive particle used to express as alternative or to give achoice of one
among two or more things. It is also used to clarify what h a s a l r e a d y b e e n s a i d ,
a n d i n s u c h c a s e s , m e a n s “ i n o t h e r w o r d s , ” “ t o wit,” or “that is to say.”

COMPUTATION OF TIME

When the laws speak of years, months, days or nights, it shall

b e understood that years are of three hundred sixty five days each; months o f t h i r t y d a ys ;
d a ys o f t w e n t y – f o u r h o u r s ; a n d n i g h t s f r o m s u n s e t t o sunrise.
If months are designated by their name, they shall be computed by the number of days
which they respectively have.
In computing a period, the first day shall be excluded, and the last day included (Art.
13, New Civil Code).
A “week” means a period of seven consecutive days without regard to theday of the week on
which it begins.

FUNCTION OF THE PROVISO

Proviso is a clause or part of a clause in the statute, the office of whichis either to
except something from the enacting clause, or to qualify or r e s t r a i n i t s
generality, or to exclude some possible ground
o f misinterpretation of its extent.

“Provided”is the word used in introducing a proviso.

CHAPTER V
PRESUMPTIONS IN AID OF CONSTRUCTION ANDINTERPRETATION

PRESUMPTIONS

In construing a doubtful or ambiguous statute, the Courts will presumethat it was

the intention of the legislature to enact a valid, sensible and just law, and one which
should change the prior law no further than maybe necessary to effectuate the specific purpose of
the act in question.
PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullification of law, there must be a clear
and unequivocal breach of the constitution.
The theory is that, as the joint act of the legislative and
executiveauthorities, a law is supposed to have been carefully
s t u d i e d a n d determined to be constitutional before it was finally enacted.
All laws are presumed valid and consti tutional until or unless otherwiseruled by the
Court.

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injustice as this never
within the legislative intent.
We interpret and apply the law in consonance with justice.
Judges do not and must not unfeelingly apply the law as it is worded, yielding like
robots to the literal command without regard to its cause and consequence.

PRESUMPTION AGAINST IMPLIED REPEALS

The two laws must be absolutely incompatible, and clear finding thereof must
surface, before the inference of implied repeal may be drawn.
In the absence of an express repeal, a subsequent law
c a n n o t b e construed as repealing a prior law unless an irreconcilable inconsistencyand
repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTIVENESS

In the interpretation of a statute, the Court should start with
t h e assumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give effect to the legislative
intention so as to avoid an unjust and absurd conclusion.
Presumption against undesirable consequences were never intended by alegislative measure.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW

P h i l i p p i n e s a s d e m o c r a t i c a n d r e p u b l i c a n s t a t e a d o p t s t h e g e n e r a l l y accepted
principles of international law as part of the law of the land andadheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations. (Art. II, Sec. 2,
Phil. Constitution).

CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION
INTRINSIC AIDS

The term “intrinsic” means internal or within. Intrinsic aids, therefore, are those aids
within the statute.

Intrinsic aids are resorted to only if there is ambiguity. In resorting tointrinsic aids,
one must go back to the parts of the statute: the title, thepreamble, context or body,
chapter and section headings, punctuation, and interpretation.

CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

EXTRINSIC AIDS
These are existing aids from outside sources, meaning outside of the fourc o r n e r s o f t h e
s t a t u t e . I f t h e r e i s a n y d o u b t a s t o t h e m e a n i n g o f t h e statute, the interpreter must
first find that out within the statute.
Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids
and still there remain some ambiguity in the statute.
Extrinsic aids resorted to by the courts are history of the enactment of t h e s t a t u t e ;
opinions and rulings of officials of the government calledupon to execute
or implement administrative laws;
c o n t e m p o r a n e o u s construction by executive officers; actual proceedings of the
legislativebody; individual statements by members of congress; and the author
of the law.
Other sources of extrinsic aids can be the reports and recommendationso f l e g i s l a t i v e
c o m m i t t e e s ; p u b l i c p o l i c y ; j u d i c i a l c o n s t r u c t i o n ; a n d construction by the
bar.

CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

INTRINSIC AIDS
The very term “intrinsic” means internal or within.
Intrinsic aids, therefore, are those aids within the statute.
If the language of the statute is clear and unequivocal, there is no need to resort to
intrinsic aids.
In resorting to intrinsic aids, one must go back to the parts of
t h e statute.

THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID INDETERMINING

LEGISLATIVE INTENT

TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative intent.
PREAMBLE AS INTRINSIC AID
The intent of the law as culled from its preamble and from the situation,circumstances and
conditions it sought to remedy, must be enforced.
Preamble used as a guide in determining the intent of the lawmaker.

CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

EXTRINSIC AIDS
Extrinsic aids are existing aids from outside sources, meaning outside from the four
corners of the statute.
Extrinsic aids are resorted to after exhausting all the available intrinsic aids and still
there remain some ambiguity in the statute.
Extrinsic aids resorted to by the courts are:

•History of the enactment of the statute;

•Opinions and rulings of officials of the government called upon to execute or
implement administrative laws;
•Contemporaneous construction by executive officers charged withimplementing
and enforcing the provisions of the statutes unless such interpretation is clearly erroneous;
•Actual proceedings of the legislative body;
•Individual statements by members of congress; and
• The author of the law
Other sources of extrinsic aids are:
•Reports and recommendations of legislative committees;
•Public policy;
•Judicial construction; and
•Construction by the bar
It is a well-accepted principle that where a statute is ambiguous, courts m a y
e x a m i n e b o t h t h e p r i n t e d p a g e s o f t h e p u b l i s h e d A c t a s w e l l a s those
extrinsic matters that may aid in construing the meaning of thestatute, such as the
history of its enactment, the reasons of the passage of the bill and purposes to be
accomplished by the measure.

Individual statements by members of Congress on the floor do

n o t necessarily reflect legislative intent.
The best interpreter of the law or any of its provisions is the author of thelaw.

CHAPTER VIII
STRICT AND LIBERAL CONSTRUCTION ANDINTERPRETATION OF STATUTES

GENERAL PRINCIPLES
If a statute should be strictly construed, nothing should be
included within the scope that does not come clearly within the meaning
o f t h e language used.
But the rule of strict construction is not applicable where the meaning of the statute is certain and
unambiguous , for under these circumstances,there is no need for construction.
On the other hand, there are many statutes which will be
l i b e r a l l y construed. The meaning of the statute may be extended to matters whichcome
within the spirit or reason of the law or within the evils which the law seeks to
suppress or correct.
Liberal interpretation or construction of the law or rules,
however,a p p l i e s o n l y i n p r o p e r c a s e s a n d u n d e r
justifi abl e causes an d circumstances. While it is true that
l i t i g a t i o n i s n o t a g a m e o f technicalities, it is equally true that every
case must be prosecuted ina c c o r d a n c e w i t h t h e p r e s c r i b e d p r o c e d u r e t o
i n s u r e a n o r d e r l y a n d speedy administration of justice.

PENAL STATUTES

Penal laws are to be construed strictly against the state and in favor of t h e
a c c u s e d . H e n c e , i n t h e i n t e r p r e t a t i o n o f a p e n a l s t a t u t e , t h e tendency
is to subject it to careful scrutiny and to construe it with such strictness as to safeguard
the right of the accused.

If the statute is ambiguous and admits of two

r e a s o n a b l e b u t contradictory constructions, that which operates in
f a v o r o f a p a r t y accused under its provisions is to be preferred.

TAX LAWS
Taxation is a destructive power which interferes with the personal and p r o p e r t y
r i g h t s o f t h e p e o p l e a n d t a k e s f r o m t h e m a p o r t i o n o f t h e i r property for the
support of the government.
A c c o r d i n g l y, i n c a s e o f d o u b t , t a x s t a t u t e s m u s t b e c o n s t r u e d
s t r i c t l y against the government and liberally in favor of the taxpayer, for
taxes,b e i n g b u r d e n s , a r e n o t t o b e p r e s u m e d b e y o n d w h a t t h e
a p p l i c a b l e statute expressly and clearly declares.
Any claim for exemption from a tax statute is strictly construed against the taxpayer
and liberally in favor of the state.
NATURALIZATION LAW
Naturalization laws should be rigidly enforced and strictly construed in favor of the
government and against the applicant.

INSURANCE LAW
Contracts of Insurance are to be construed liberally in favor of
t h e insured and strictly against the insurer. Thus, ambiguity in the words of an insurance
contract should be interpreted in favor of its beneficiary.

LABOR AND SOCIAL LEGISLATIONS

Doubts in the interpretation of Workmen’s Compensation and LaborCode
s h o u l d b e r e s o l v e d i n f a v o r o f t h e w o r k e r . I t s h o u l d b e l i b e r a l l yc o n s t r u e d
t o a t t a i n t h e i r l a u d a b l e o b j e c t i v e , i . e . , t o g i v e r e l i e f t o t h e workman and/or his
dependents in the event that the former should dieor sustain in an injury.

The sympathy of the law on social security is towards its beneficiaries and the law by
its own terms, requires a construction of utmost liberalityin their favor.

RETIREMENT LAWS
Retirement laws are liberally interpreted in favor of the retiree because the intention is
to provide for the retiree’s sustenance and comfort, whenhe is no longer capable of earning his
livelihood.

ELECTION RULES
Statute providing for election contests are to be liberally construed to theend that the will of
the people in the choice of public officer may not be defeated by mere technical
objections.

RULES OF COURT
Rule of court shall be liberally construed in order to promote
t h e i r objective of securing a just, speedy and inexpensive disposition of every action
and proceeding.

CHAPTER IX
PROSPECTIVE AND RETROSPECTIVE STATUTES
GENERAL PRINCIPLES
Prospective statute – i s a s t a t u t e w h i c h o p e r a t e s u p o n a c t s
a n d transactions which have not occurred when the statute takes effect, thatis, which regulates
the future.
Retrospective or retroactive law – is one which takes away or impairs v e s t e d r i g h t s
acquired under existing laws, or creates new obligations a n d i m p o s e s
n e w d u t i e s , o r a t t a c h e s n e w d i s a b i l i t i e s i n r e s p e c t o f transaction already
past.
A sound canon of statutory construction is that statutes
o p e r a t e prospectively only and never retrospectively, unless the legislative intentt o t h e
c o n t r a r y i s m a d e m a n i f e s t e i t h e r b y t h e e x p r e s s t e r m s o f t h e statute or
by necessary implication.
The Civil Code of the Philippines follows the above rule thus: Laws shall have no
retroactive effect, unless the contrary is provided.
Retroactive legislation is looked upon with disfavor, as a general rule andproperly so because of
its tendency to be unjust and oppressive.

PENAL STATUTES
Penal statutes as a rule are applied prospectively. Felonies
a n d misdemeanors are punished under the laws in force at the time of
theircommission. (Art. 366, RPC).
However, as an exception, it can be given retroactive effect
i f i t i s favorable to the accused who is not a habitual criminal. (Art. 22, RPC).

PROCEDURAL LAWS ARE RETROSPECTIVE

Statutes regulating the procedure of the Court will be construed
asa p p l i c a b l e t o a c t i o n s p e n d i n g a n d u n d e r m i n e d a t t h e t i m e o f
t h e i r passage. However, Rules of Procedure should not be given retroactive effect if
it would result in great injustice and impair substantive right.
Procedural provisions of the Local Government Code are retrospective.

CURATIVE STATUTES
They are those which undertake to cure errors and irregularities
andadministrative proceedings, and which are designed to give effect
t o contracts and other transactions 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.
They are therefore retroactive in their character.

CHAPTER X
CONFLICTING STATUTES
EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE
It may happen that in a statute, conflicting clauses and provisions mayarise. If such
situation may occur, the statute must be construed as a whole.

STATUTES IN PARI MATERIA

Statutes that relate to the same subject matter, or to the same class of persons or
things, or have the same purpose or object.
Statutes inpari materia are to be construed together; each legislative acti s t o b e i n t e r p r e t e d
w i t h r e f e r e n c e t o o t h e r a c t s r e l a t i n g t o t h e s a m e matter or subject.
However, if statutes of equal theoritical application to a particular casecannot be
reconciled, the statute of later date must prevail being a later expression of legislative
will.

GENERAL AND SPECIAL STATUTES

Sometimes we find statutes treating a subject in general terms
andanother treating a part of the same subject in particularly
d e t a i l e d manner.
If both statutes are irreconcilable, the general statute must give way to t h e s p e c i a l
o r p a r t i c u l a r p r o v i s i o n s a s a n e x c e p t i o n t o t h e g e n e r a l provisions.

This is so even if the general statute is later enactment of the legislature a n d b r o a d

e n o u g h t o i n c l u d e t h e c a s e s i n s p e c i a l l a w u n l e s s t h e r e i s manifest intent to
repeal or alter the special law.

STATUTE AND ORDINANCE

If there is conflict an ordinance and a statute, the ordinance must give way.
It is a well-settled rule that a substantive law cannot be amended by a 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 will prevail.
When there is irreconcilable repugnancy between a proviso and the bodyof a statute, the former
prevails as latest expression of legislative intent.
The enactment of a later legislation which is general law cannot
b e construed to have repealed a special law.
A statute is superior to an administrative circular, thus the later cannot repeal or
amend it.
Where the instrument is susceptible of 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 the provisions of the
Constitutions, the latter prevails.

CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THECONSTITUTION
A constitution is a system of fundamental law for the governance andadministration of a nation.
It is supreme, imperious, absolute, andunalterable except by the authority from which it
emanates.
Under the doctrine of constitutional supremacy, if a law or contractviolates any norm of the
constitution, that law or contract whetherpromulgated by the legislative, or by the executive
branch or entered intoby private persons for private purposes is null and void and without
anyforce or effect.

ALL PROVISIONS OF THE CONSTITUTION ARE SELF-EXECUTING;

EXCEPTIONS
Some constitutions are merely declarations of policies. Their provisionscommand the legislature
to enact laws and carry out the purposes of theframers who merely establish an outline of
government providing for thedifferent departments of the governmental machinery and
securingcertain fundamental and inalienable rights of citizens.
Thus a constitutional provision is self-executing if the nature and extentof the right conferred and
the liability imposed are fixed by theconstitution itself.
Unless it is expressly provided that a legislative act is necessary toenforce a constitutional
mandate, the presumption now is that allprovisions of the constitution are self-executing.

In case of doubt, the Constitution should be considered self-executingrather than non-self-

executing, unless the contrary is clearly intended.
Non-self-executing provisions would give the legislature discretion todetermine when, or
whether, they shall be effective, subordinated to the will of the law-making body.

PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICTINTERPRETATION

Guidelines in construction and interpretation of the constitution arestressed:
1.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.
2.One provision of the Constitution is to be separated from all theothers, to be
considered alone, but that all provisions bearing upon aparticular subject are to be brought into
view and to be interpreted asto effectuate the great purposes of the instrument.
3.The proper interpretation of the Constitution depends more on how it was
understood by the people adopting it than the framer’sunderstanding thereof.

THE CONSTITUTIONAL PROVISION ON NATURAL-BORNCITIZENS OF THE

PHILIPPINES GIVEN RETROACTIVEEFFECT
Under THE 1973 Constitution, those born of Filipino fathers and thoseborn of Filipino mothers
with an alien father were placed on equalfooting. They were both considered as natural-born
citizens.
The constitutional provision is curative in nature.

THE CONSTITUTION MUST BE CONSTRUED IN ITSENTIRETY AS ONE, SINGLE

DOCUMENT

LIBERAL CONSTRUCTION OF ONE TITLE OF ONESUBJECT

A liberal construction of the “one title-one subject” rule has beeninvariably adopted by the court
so as not to cripple or impede legislation.
The title expresses the general subject and all the provisions are germaneto the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE 1987CONSTITUION IS NOT

GOVERNED BY ANY FORMAL REQUIREMENT AS TO FORM. IT CAN BE ORAL.
IT CANBE WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED.
SPECIAL PROVISION PREVAILS OVER A GENERAL ONE
Lex specialis derogant generali
SUPREMA LEX
It is time-honored that the Constitution is the Supreme Law of the land.
It is the law of all laws. Hence, if there is conflict between a statute andthe Constitution, the
statute shall yield to the Constitution.

STARE DECISIS
The rule of precedents.
Judicial decisions applying or interpreting the laws or the Constitutionshall form part of the legal
system of the Philippines.

CONCLUSION
The fundamental principle of constituitonal construction is to give effectto the intent of the
framers of the organic law and of the people adoptingit.