STATUTORY CONSTRUCTION by Judge Noli C.

Diaz

I. BASIC PREMISES

STATUTORY CONSTRUCTION

-defined as the process of discovering and expounding the meaning and intention of the authors of the
law with 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.

-the definition was taken from Black’s Construction and Interpretation of the Laws, which likewise
defined: “interpretation as the art or process of discovering and expounding on the intended signification
of the language used, that is, the meaning which the authors of the law designed it to convey to other”.

-Justice Martin: “as the art of seeking the intention of the legislature in enacting a statute and applying it
to a given state of facts.

-American Jurisprudence: branch of law dealing with the interpretation of laws enacted by a legislature.

-Judicial Legislation: Where legislature attempts to do several things one of 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
the portion is an integral part of the act, and its excision changes the manifest intent of the act by
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, DISTINGUISED

Construction Interpretation

is the drawing of conclusions with respect to
subjects that are beyond the direct expression of
the text from elements known and given in the
text.
when the Court goes beyond the language of the
statute and seeks the assistance of extrinsic aids in
order to determine whether a given case falls
within the statute
is the process of discovering the true meaning of
the language used.
the Court will resort to interpretation when it
endeavors to ascertain the meaning of a word
found in a statute, which when considered with
the other words in the statue, may reveal a
meaning different from that apparent when the
word in considered abstractly or when given its
usual meaning.

goes beyond and may call in the aid of extrinsic
consideration
Dr. Lieber: “is the drawing of conclusion,
respecting subjects that lie beyond the direct
expressions of the text, from elements known
from and given in the text, conclusion which are in
spirit, though not within the letter of the text”
limited to exploring the written text
Dr. Lieber: “art of finding out the true sense of any
form of words, that is, the sense which their
author intended to convey, and of enabling others
to derive from them the same idea which the
author the same idea which the author intended
to convey.
SITUS OF CONSTRUCTION AND INTERPRETATION

JUDICIAL DEPARTMENT

-Under the principle of checks and balances, courts may declare legislative measures or executive acts
unconstitutional.

Judicial power

-duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

-shall be vested in one Supreme Court and in such lower courts as may be established by law.

SUBJECTS OF CONSTRUCTION AND INTERPRETATION

-Constitution and Statutes w/c include ordinances.

-Resolutions, Executive Orders and Department Circulars

DUTY OF THE COURT TO CONSTRUE AND INTERPRET THE LAW: REQUISITES

1.) There must be an actual case or controversy, meaning, a case brought to the court by party litigants to
hear and settle their disputes. If there is no case or controversy, there is no way for the court to construe
or interpret a law.

2.) There is ambiguity in the law involved in the controversy, meaning, the law involved is susceptible of
two or more interpretations.

COURTS MAY NOT CONSTRUE WHERE STATUE IS CLEAR; THEY MAY NOT ENLARGE NOR RESTRICT
STATUTES

Verba Legis

-Whenever possible, the word used in the Constitution must be given their ordinary meaning except with
regard to technical terms.

-When the law is clear and unequivocal, the court has no other alternative but to apply the law and not
to interpret.