NOTES ON STATUTORY CONSTRUCTION

LATIN MAXIMS & THEIR MEANING

*LITERAL MEANING OR PLAIN MEANING RULE. 

If the statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation. you get the meaning of
the law from the word per word written law. Literal meaning or plain rule means
INTERPRETATION of the LAW. ALL WORDS in a statute should if possible, be
given effect.

Where a statute defines a word or phrase employed therein, the word or phrase
should not, by CONSTRUCTION, be given a different meaning. When the
legislature defines a word used in a statute, it does not usurp the courts function to
interpret the laws but it merely LEGISLATES what should form part of the law
itself.

It is settled that in the absence of legislative intent to define words, words and
phrases used in statute should be given their plain, ordinary, and common usage
meaning which is supported by the maximgeneralia verba sunt generaliter
intelligenda or what is generally spoken shall be generally understood. It is also the
same as GENERALI DICTUM GENERALITIR EST INTERPRETANDUM a
general statement is understood in a general sense.

WORDS MUST BE SUBSERVIENT TO THE INTENT and not intent to

words.

Ubi lex non distinguit nec nos distinguere debemus. When the law does not
distinguish, do not distinguish.

* dura lex sed lex or HOC QUIDEM PERQUAM DURUM EST, SED ITA LEX
SCRIPTA EST.
The law maybe harsh, but is still the law.    It is exceedingly hard, but so the law
is written.

doctrine of necessary implication this doctrine states that what is implied in a

statute is as much a part thereof as that which is expressed. Every statute is

NOTES ON STAT CON-LATIN MAXIM Page 1 of 7

understand by implication to contain all such provision as may be necessary
to effectuate to its object and purpose, or to make effective rights, powers,
privileges or jurisdiction which it grants, including all such collateral and
subsidiary consequences as may be fairly and logically inferred from its terms. The
principle is expressed in the maxim EX NECESSITATE LEGIS or from the
necessity of the law.

*ejusdem generis . THE SAME KIND OR SPECIE.   This is to give effect to

both the particular and general words, by treating the particular words as
indicating the class and the general words as indicating all that is embraced in
said class, although not specifically named by the particular words.

The rule of ejusdem generis is not of universal application; it should be used to

carry out, not to defeat the intent or purpose of the law; the rule must give way in
favor of the legislative intent;

limitations of ejusdem generis: requisites:

1. Statue contains an enumeration of particular and specific words,
followed by a general word or phrase;
2. The particular and specific words constitute a class or  are of the same
kind;
3. The enumeration of the particular and specific words is not
exhaustive or is not merely by examples;
4. There is no indication of legislative intent to give general words or
phrases a broader meaning.

*EXPRESSIO UNIOS EST EXCLUSIO ALTERIUS.

the expression of 1 person, thing or consequence IMPLIES
the EXCLUSION of OTHERS or What is expressed puts an end to that which
is implied.

*EXPRESSUM FACIT CESSARE TACITUM, where a Statute, by its terms, is

expressly limited to certain matters, it may not, by interpretation or
CONSTRUCTION, be extended to other matters.
These also follows that when a statute specifically lists downs the exceptions, what
is not list down as an exception is ACCEPTED express in the maxim EXCEPTIO

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FIRMAT REGULAM IN CASIBUS NON EXCEPTIS, the express exception,
exemption or savings excludes others.

application of expressio unius rule. This auxiliary rule is used

in CONSTRUCTION of statutes granting
powers, creating rights and remedies, restricting common rights, and imposing
penalties and forfeitures, as well as those statutes which are strictly construed. It
is only a tool and not a mandatory rule used for ascertaining the legislative
intent. The rule must also yield to legislative intent.

*NEGATIVE- OPPOSITE DOCTRINE, WHAT IS EXPRESSED PUTS AN

END TO WHAT IS IMPLIED is known as negative-opposite
doctrine or argumentum a contrario.

*DOCTRINE OF CASUS OMISSUS (case of omission) pro omisso habendus

est. A person, object or thing omitted from an enumeration must be held to have
been omitted intentionally. This rule is not absolute if it can be shown that
the legislature did not intend to exclude the person, thing or object from the
enumeration. If such legislative intent is clearly indicated, the COURT may supply
the omission if to do so will carry out the intent of the legislature and will not do
violence to its language.

* doctrine of last antecedent or   AD PROXIMUM ANTECEDENS FIAL

RELATIO NISI IMPEDIATUR SENTENTIA   or relative words refer to the
nearest antecedents, unless the context otherwise requires. QUALIFYING
WORDS restrict or modify only the words or phrases to which they
are immediately associated.

The last antecedent rule is a doctrine of interpretation of a statute, by which

"Referential and qualifying phrases, where no contrary intention appears, refer
solely to the last antecedent." The rule is typically bound by "common sense" and
is flexible enough to avoid application that "would involve an absurdity, do
violence to the plain intent of the language, or if the context for other reason
requires a deviation from the rule." Evidence that a qualifying phrase is
supposed to apply to all antecedents instead of only to the immediately
preceding one may be found in the fact that it is separated from the
antecedents by a comma."

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*REDDENDO SINGULA SINGULIS when two descriptions makes it
impossible to reconcile, reconcile it to have a “singular meaning” to settle the
issue.

refers to each phrase or expression to its appropriate object, or let each be put in its
proper place, that is, the words should be taken DISTRIBUTIVELY to effect that
each word is to be applied to the subject to which it appears by context most
appropriate related and to which it is most applicable.

REDDENDO SINGULA SINGULIS, construction. By rendering each his own;

for example, when two descriptions of property are given together in one mass,
both the next of kin and the heir cannot take, unless in cases where a construction
can be made reddendo singula singulis, that the next of kin shall take the personal
estate and the heir at law the real estate.

* Stare Decisis  [Latin, Let the decision stand.] The policy of courts to abide by or

adhere to principles established by decisions in earlier cases. (stah-ray duh-see-
sis) n. Latin for "to stand by a decision," the doctrine that a trial court is bound
by appellate court decisions (precedents) on a legal question which is raised in the
lower court. Reliance on such precedents is required of trial courts until such time
as an appellate court changes the rule, for the trial court cannot ignore the
precedent (even when the trial judge believes it is "bad law")

*Res Judicata [Latin, A thing adjudged.] A rule that a final judgment on the

merits by a court having jurisdiction is conclusive between the parties to a suit as
to all matters that were litigated or that could have been litigated in that suit.
The party asserting res judicata, having introduced a final judgment on the merits,
must then show that the decision in the first lawsuit was conclusive as to the
matters in the second suit. For example, assume that the plaintiff in the first lawsuit
asserted that she was injured in an auto accident. She sues the driver of the other
auto under a theory of Negligence. A jury returns a verdict that finds that the
defendant was not negligent. The injured driver then files a second lawsuit alleging
additional facts that would help her prove that the other driver was negligent. A
court would dismiss the second lawsuit under res judicata because the second
lawsuit is based on the same Cause of Action (negligence) and the same injury
claim.

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*Obiter Dictum[Latin, By the way.] Words of an
opinion entirely unnecessary for the decision of the case. A remark made or
opinion expressed by a judge in a decision upon a cause, "by the way", that is,
incidentally or collaterally, and not directly upon the question before the court or
upon a point not necessarily involved in the determination of the cause, or
introduced by way of illustration, or analogy or argument. Such are not binding as
precedent.

*AEQUITAS NUNQUAM CONTRAVENIT LEGIS .  EQUITY never acts in

contravention of the law.
The reason of the Law is the Life of the Law or RATIO LEGIS ET ANIMA.

Interpretation and CONSTRUCTION of Statutes must be done to avoid evil

and injustice. EA EST ACCIPIENDA INTERPRETATIO QUAE VITIO
CARET.

*Interpretatio fienda est ut res magis valeat quam pereat, the interpretation that
will give the thing the EFFICACY is to be adopted. Law must receive sensible
interpretation to promote the ends for which they are enacted. They should be
given practical CONSTRUCTION that will give LIFE to them, IF IT CAN BE
DONE without doing VIOLENCE to reason.

UT RES MAGIS VALEAT QUAM PEREAT, A STATUTE must be interpreted

to give it efficient operation and effect as a whole avoiding the nullification of
provisions. IT is so that a legal provision must not be so construed as to be a
useless SURPLUSAGE. Accordingly, in case of Doubt or obscurity, that
construction should make the statute fully operative and effective.  IT IS
PRESUMED THAT THE LEGISLATURE DID NOT DO A VAIN THING IN
THE ENACTMENT OF THE STATUTE.
In PARE MATERIA, of the same person or thing.

INTERPRETARE ET CONCORDARE LEGES LEGIBUS EST OPTIMUS

INTERPRETANDI MODUS, or every statute must be so CONSTRUED and
harmonized with other statutes as to form a uniform system of Jurisprudence. ALL
laws are presumed to be consistent with each other.

DISTINGUE TEMPORA ET CONCORDABIS JURA, distinguish times and

you will harmonize laws.

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IN enacting a STATUTE, the legislature is presumed to have been aware, and
taken into account, PRIOR LAWS on the subject of legislation. Thus, conflict on
same subject is not intended and if such occur, Court must construe, through
reconciliation to give effect to the statute. If it is impossible to reconcile and
harmonize, one statute has to give way to the other. The latest statute shall
prevail being the latest expression of the legislative WILL.

A GENERAL LAW and a SPECIAL LAW are in pare materia. The fact that one
is general and the other special creates a presumption that the special act is to be
considered as remaining an exception of the General Act. One as a General Law
of the Land, the other as a LAW for a Particular case. This shall apply all the
time regardless of which law was enacted first.

CONTEMPORANEOUS CONSTRUCTIONS or
CONTEMPORARY CONSTRUCTIONS are made by the EXECUTIVE
Departments.

First type of Contemporary Constructions are the interpretations of  the Executive
on Statutes, for them to implement it, they must understand it and interpret it if the
language of the law is AMBIGUOUS. The executive makes RULES or IRRs for
this statutes, or ADMINISTRATIVE RULES and PROCEDURES. These IRRs or
RULES issued by the executive to execute the Statute are CONTEMPORARY
Construction.

Second Type of Contemporary Constructions are the INTERPRETATIONS of the

JUSTICE Secretary in carrying out PENAL LAWS and all OTHER LAWS, under
her are the PROSECUTORS, FISCALS  of the Philippine Republic. The issuances
on how laws are to be prosecuted are CONTEMPORARY CONSTRUCTION of
the Justice Secretary.

The third type are the DECISIONS OF THE ADMINISTRATIVE BODIES

handling disputes in a QUASI-JUDICIAL MANNER. These decisions are based
on their UNDERSTANDING of Statutes passed by congress, laws that are
enforced. These are CONTEMPORARY INTERPRETATIONS and
Constructions.

THESE CONTEMPORARY CONSTRUCTIONS STATUTES HAPPEN,

WHEN THERE ARENO ACTUAL CONTROVERSIES QUESTIONING THE

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VALIDITY OF STATUTES IN THE SUPREME COURT, therefore,NO
STARE DECISIS HAVE YET BEEN MADE. IF THERE ARE JUDICIAL
INTERPRETATIONS AND CONSTRUCTIONS, THEN THE JUDICIAL
CONSTRUCTIONS ARE governing and are THE ONES followed BY THE
EXECUTIVE DEPARTMENTS once promulgated by the Supreme Court.
CONGRESS, NOT BEING THE CONSTITUTIONALLY POWER TO
INTERPRET AND CONSTRUE THE LAWS THEY MAKE, MAY ALSO DO
CONTEMPORARY CONSTRUCTION IN FOLLOWING STATUTES THAT
THEY THEMSELVES ARE BOUND TO FOLLOW.

WITH THE GRANT OF POWERS, RIGHTS, PRIVILEGES IS ALSO THE

RIGHT TO INCIDENTAL POWERS OF THE POWERS, RIGHTS AND
PRIVILEGES. THE GREATER POWER IMPLIES INCIDENTAL LESSER
POWER.   This is so because the greater includes the lesser as expressed in
the maxim, in eo quod plus sit, simper inest et minus.THERE SHALL BE NO
CONSTRUCTION TO GIVE EFFECT TO A LAW THAT SHALL MAKE
IT MORE POWERFUL THAN WHAT WAS INTENDED BY THE LAW.

Every statute is  understood by IMPLICATION, to contain such provisions as

maybe necessary to EFFECTUATE its object and purpose, or to make effective
Rights, powers, privileges or JURISDICTION which it grants, including all such
COLLATERAL and subsidiary consequences as may be fairly and LOGICALLY
inferred from its TERMS, as expressed in the maxim, Ex necessitate legis or from
the NECESSITY of the LAW. Doctrine of Necessary Implication.
WHAT CANNOT BE DONE DIRECTLY CANNOT BE DONE INDIRECTLY.
QUANDO ALIQUID PROHIBETUR EX DIRECTO, PROHIBETUR ET PER
OBLIQUUM.

WHAT IS AUTOLIMITATION?
Doctrine of Autolimitation—It is the doctrine where the Philippines adheres to
principles of international law as a limitation to the exercise of its sovereignty.
Functus officio  an officer or agency whose mandate has expired either because of
the arrival of an expiry date or because an agency has accomplished the purpose for
which it was created. Function is mere FORMALITY.
Sin perjuico  judgments are judgment, w/o any stated facts in support of the
conclusion.

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