STATUTORY CONSTRUCTION
(SCHOOL of LAW) (BLOCK E) (ATTY. MACOB) FIRST YEAR- FIRST SEM
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Aidsand
in Interpretation
Construction
RULE: Resort to intrinms
INTRINSIC AIDS
• Elements found in the law itself
a. Title
• Expresses the subject matter of the law
• It can held in the construction of statutes but it is
not controlling and not entitled to much weight
b. Preamble
• That part of the statute following the title and
preceding the enacting clause which states the
reasons or the objectives of the enactment
• It cannot enlarge or confer powers, or cure inherent
defects in the statute
c. Words, Phrases and Sentences, Context
• The intention of the legislature must primarily be
determined from the language of the statute and
such language consists of the words, phrases and
sentences used therein
• The meaning of the law should, however, be taken
from the general consideration of the act as a
whole and not from any single part, portion or
section or from isolated words and phrases, clauses
or sentences used
d. Punctuation
• It is an aid of low degree in interpreting the
language of a statute and can never control against
the intelligible meaning of the written word.
• However, if the punctuation of the statute gives it a
meaning that is reasonable and in apparent accord
with the legislative will, it may be used as an
additional argument for adopting the literal
meaning of the words thus punctuated
e. Heading and Marginal Notes
• If the meaning of the statute is clear or if the text of
the statute is clear, they will prevail as against the
headings, especially if the headings have been
prepared by compilers and not by the legislature
f. Legislative definition and Interpretation
• If the legislature has declared fined the words used
in the statute and has declared the construction to
be placed thereon, such definition or construction
should be followed by the courts. The rules are as
follows:
• If a law provides that in case of doubt it
should be construed or interpreted in a
certain manner, the courts should follow
such instruction
• In case of conflict between the
interpretation clauses and the legislative
meaning, as revealed by the statute
considered in its totality, the latter shall
prevail
• A term is used throughout the statute in the
same sense in which it is first defined
• Legislative definition of similar terms in
other statute may be resorted to except
where a particular law expressly declares
that its definition therein is limited in
application to the statutes in which they
appear
Example: When the law speaks in clear and
categorical language
Sps. Pascual v. Sps. Ballesteros
Where the law speaks in clear and categorical language,
there is no room for interpretation. There is only room for
application. Where the language of a statute is clear and
unambiguous, the law is applied according to its express
terms, and interpretation should be resorted to only where
a literal interpretation would be either impossible or absurd
or would lead to an injustice.
Example: When the Court applied the law
according to its plain and obvious meaning
South Pacific Sugar v CA
Plainly and expressly, paragrapg G.1 identifies two
situations which would bring about the forfeiture of 25% of
the conversion fee: (1) when the importer fails to make the
importation or (2) when the imported sugar fails to arrive in
the PH on or before the set arrival date. It is wrong for the
RTC to interpret the forfeiture provision in a way departing
from its plain and express language
Where the language of a rule is clear, it is the duty of the
court to enforce it according to the plain meaning of the
word. There is no occasion to resort to other means of
interpretation
 STATUTORY CONSTRUCTION
(SCHOOL of LAW) (BLOCK E) (ATTY. MACOB) FIRST YEAR- FIRST SEM
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Example: SC made reference to the preamble and
to the whereas clause

Galvez v. AUB

The Court holds that AUB, being a commercial bank, is not

beyond the coverage of PD No. 1689. The Court assets that
a bank is a corporation whose fund comes from the
general public and PD No. 1689 does not distinguish the
nature of the corporation. It requires, rather, that the funds
of such corporation should come from the general public.

This was highlighted by the third “whereas clause” of the

quoted law which states that the same also applies to
other “corporations/ associations operating on funds
solicited from the general public.”

People v. Purisima

The SC ruled that the intent and spirit of PD No. 9 can be

found in the preamble or “whereas” clauses, which
enumerate the facts, or events that justify the promulgation
of the decrees and the stiff sanctions stated therein.

US v HART

When the meaning of legislative enactment is in question, it

is the duty of the courts to ascertain, if possible, the true
legislative intention, and adopt that construction of the
statute which will give its effect

SC rules that construction should be based upon something

mote substantial than mere punctuation found in the
printed act. Argument based upon punctuation is not
conclusive, and the courts will not hesitate to change the
punctuation when necessary, to give the act the effect
intended by the legislature

Example: Every part of the statute must be

interpreted w/ reference to context (every part of
the statute must be considered together w/ other
parts)
Paras v. COMELEC

It is a rule in statutory construction that every part of the

stature must be interpreted with reference to the context;
that evert part of the statute must be considered together
with the other parts, and kept subservient to the general
intent of the whole enactment

An interpretation should, if possible, be avoided under

which a statute or provision being construed is defeated, or
as otherwise expressed, nullified, destroyed, emasculated,
repealed, explained away, or rendered insignificant,
meaningless, inoperative or nugatory

It is likewise a basic precept in statutory construction that a

statute should be interpreted in harmony with the
Constitution



 STATUTORY CONSTRUCTION
(SCHOOL of LAW) (BLOCK E) (ATTY. MACOB) FIRST YEAR- FIRST SEM
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EXTRINSIC AIDS the debated may then be used as evidence of
RULE: Entitled to respect, consideration and weight, the purpose of the act
but the courts are at liberty to decide whether they
are applicable or not to the case brought to it for 4. Contemporaneous and Practical Construction
decision • Those who lived at or near the time when the law
was passed were more acquainted of the conditions
• can be resorted to only after the intrinsic aids have and the reasons why that law was enacted Their
been used and exhausted understandmg and application of the law,
especially if the same has been continued and
1. Contemporaneous Circumstances acquiesced by the judicial tribunals and the legal
• These are the conditions existing at the time the profession, deserve to be considered by the courts.
law was enacted such as the ff:
• History of the times and conditions existing at 5. Executive Construction
the time the law was enacted • The construction given by the executive
• Previous state of the law department deserves great weight and should be
• The evils sought to be remedied or corrected respected if said construction has been formed and
by the law observed for a long period of time
• The customs usages of the people RULES:
a. Congress is deemed to have been aware of the
• The above-mentioned circumstances constitute the contemporaneous and practical construction
reasons why the law was enacted. Hence, the one made by the officers charged with the
interpreting the law should place himself in the administration and enforcement of the law
position and circumstances of those who used the b. The courts should respect that contemporaneous
words in question and be able to feel the construction except if its clearly erroneous
atmosphere, the conditions, and the reasons why c. Executive construction has more weight if it is
the law was enacted. rendered by the Chief Legal adviser of the
government who can issue opinions to assist
2. Policy various departments of the government charged
• The general policy of the law or the settled policy with the duty to administer the law
of the State may enlighten the interpreter of the law d. The opinion, however, of the Chief Legal adviser
as to the intention of the legislature in enacting the is subservient to the ruling of the judiciary, which
same. Hence, if a new agrarian law is enacted today is in charge of applying and interpreting laws
and few years from now, there will arise the need to
find out why such a law is enacted, the conditions, 6. Legislative Construction
the prevailing sentiment of the people, the policy • Legislative construction is entitled to consideration
of the State, and the executive order issued by the and great weight but it cannot control as against
Office of the President preceding the legislative the court’s prerogative to decide on what is the
enactment will throw light upon the intention of the right or wrong interpretation
legislature in enacting said law.
7. Judicial Construction
3. Legislative History of the Statute • It is presumed that the legislature was acquainted
• Such history may be found in reports of legislative with and had in mind the judicial construction of
committees, in the transcript of stenographic notes former statutes on the subject. It is also presumed
taken during a hearing, legislative investigations, or that the statute was enacted in the light of the
legislative debates judicial construction that the prior enactment had
• Are personal opinions of some legislators received. With respect to a statute adopted from
appropriate aids of construction? another state, it is presumed that it was adopted
• They are not appropriate aids of construction. with the construction placed upon it by the courts
However, if there is unanimity among the of that State
supporters and oppositors to a bill w/ respect • Should this construction be followed?
to the objective sought to be accomplished,



 STATUTORY CONSTRUCTION
(SCHOOL of LAW) (BLOCK E) (ATTY. MACOB) FIRST YEAR- FIRST SEM
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• It should be followed only if it is reasonable, in
harmony with justice and public policy and
consistent with the local law
8. Construction by the Bar and Legal Commentators
• It is presumed that the meaning publicly given in a
statute by the members of the legal profession is a
true one and regarded as one that should not be
lightly changed. The opinion and commentaries of
text writers and legal commentators, whether they
are Filipinos or foreigners, may also be consulted
as, in fact, they are oftentimes cited or made as
references in court decisions
EXAMPLE: SC Explained the purpose of Policy and
Objective
Association of Landowners v. Secretary of Agrarian Reform
"[The Court] assume[s] that the framers of the
Constitution were aware of this difficulty when they called
for agrarian reform as a top project of the government.
There can be no doubt that they were aware of the
financial limitation of the government and had no
illusions that there would be enough money to pay in
cash and in full for the lands they wanted to be
distributed among the farmers."
"[The Court] may assume their intention was to allow
such manner of payment as provided by the CARP Law
conditions the transfer of possession and ownership of
the land to the government upon receipt by the
landowner of the corresponding payment or the deposit
by the DAB of the compensation in cash or LBP bonds
with an accessible bank. Until then, the title remains with
the landowner. No outright change of ownership is
contemplated."
PRESUMPTIONS IN AIDS OF CONSTRUCTION
a. Presumption of Validity
• Every statute by the legislature is presumed to be
valid because the legislature is supposed to have
considered the question of its validity in approving
it.
• The question of validity of every statute is first
determined by the legislative department f the
government itself, and the court should resolve
every presumption in favor of its validity. The courts
are not justified in adjudging a statute invalid in the
face of the conclusion of the legislature when the
question of its validity is at all doubtful
• Statutes should not be presumed to be invalid
unless it clearly appears that they are within some
of the inhibitions of the fundamental laws of the
state
b. Presumption of Constitutionality
• Evert statute passed by the legislature is presumed
to be constitutional
• The presumption is always in favor of
constitutionality
• To doubt is to sustain. However, when the statute is
really unconstitutional, the courts are authorized to
declare its invalidity.
c. Presumption of Good Faith
• In case of interpretation of a statute, it is presumed
that the legislature had good motives in having
considered and adopted a particular law
• Presumptions also exist that the legislature acted in
good faith; that it acted from patriotic and just
motivesl that it acted with a desire to promote an
intention to disregard the civil and political liberties
of the people
d. Presumption against Injustice
• In case of doubt in the interpretation or application
of laws, it is presumed that the lawmaking body
intended right and justice to prevail.
e. Presumption against Inconsistency
• The mind of the lawmaking body is presumed to be
consistent. In case of doubt therefore, such a
construction should be adopted as will make all the
provision of the statute consistent with one another
and with the entire act
• A word or phrase repeated in a statute will have the
same meaning throughout the statute, unless a
different intention appears
MAXIM: Ubi lex non distinguit, nec nos distinguere
debemor (When the law does not distinguish, we
should not distinguish)
f. Presumption against Absurdity
• It is presumed that the legislature does not intend
that absurdity will flow from its enactment. The
courts therefore have the duty to interpret the law
in such a way as to avoid absurd result.
• Whenever possible, a legal provision must not be
construed to be a useless surplusage, and
accordingly meaningless, in the sense of adding
nothing to the law or having no effect whatsoever
thereon.
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g. Presumption against ineffectiveness
• It is presumed that the lawmaking body does not
intend to adopt laws, which are unnecessary and
ineffective.
• It is presumed that it intends to impart to its
enactments such a meaning as will render them
operative and effective
2 IMPORTANT RULES
• Where a law is susceptible of two constructions,
one of which will render it unconstitutional and the
other upholds its validity, the latter must be
adopted.
• Where e language of the statute is susceptible of
two or more constructions, one which will render
the statute in- effective or inefficient and another
which will tend to give effect to the evident intent
of the legislature, that construction which tends to
give effect to the object for which the law was
adopted shall prevail.
h. Presumption against Irrepealable Law
• It is presumed that the lawmaking body does not
intend that its law shall be irrepelable
• The legislature cannot enact irrepealable laws or
limit its future legislative acts.
De Guia v. Guingona
Congress has the inherent power to amend, modify and
repeal its own laws for there are no irrepealable laws
i. Presumption against implied repeals
2 Requirements before a stature can be considered
to have repealed a prior statute by implication
a. That the statute touch the same subject matter
b. That the later statute is repugnant to the earlier
one
3 Basic Rules to remember on the matter of repeal
a. Laws are repealed only by subsequent ones, and
their violation or nonobservance shall not be
excused by disuse, or custom or practice to the
contrary
b. When a law which expressly repeals a prior law is
itself repealed, the law first repealed shall not be
thereby revived, unless expressly so provided.
However, when a law repeals a prior law, not
expressly but by implication only, its repeal
revives the prior law unless the language of the
repealing statute provides otherwise
c. A general law does not repeal a special law unless
it is so expressly provided, or they are
incompatible
j. Presumption of Knowledge of Existing Law
• In enacting a law, the lawmaking body is presumed
to have full knowledge of all existing laws on the
subject. Hence, if there are two laws on the same
subject enacted on different dates, the latter law
cannot be held to have abrogated the former law,
unless the repugnancy is clear, convincing and
irreconcilable.
k. Presumption of Acquiescence to Judicial
Construction
• When the court has construed a statute in a
particular manner, and the lawmaking body made
no move to alter or amend the said statute, it is
presumed that the legislature has acquiesced in
that interpretation
l. Presumption of Jurisdiction
• A statute will not be construed in such a manner as
to oust or restrict the jurisdiction of superior courts,
or to vest a new jurisdiction in them, unless there
are express words or a necessary implication to that
effect.
m. Presumption of Acting within the scope of
authority
• It is presumed that the legislature acted within the
scope of its authority. Hence, if a statute admits of
more than one interpretation, one that places the
statute outside of legislative competence, and one
that places the statute within the limits of legislative
competence, the court should adopt the later
interpretation.
n. Presumption against violation of international law
• It is presumed that a statute is in conformity with
the rules and principles of international laws, or
with treaties, in line with Section 2, Article II, of the
1987 Constitution, which provides as follows:
"Section 2. The Philippines renounces war as an
instrument of national policy, adopts the generally
accepted principles of international law as part of the
law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity
with all nations.