Statutory Construction

Syllabus of Atty. Servillano A. Lorenzo III

DEFINITION OF STATUTORY CONSTRUCTION

The act or process of expounding the meaning and intention of the authors of the law
with respect to its application in a given case, where it is rendered doubtful, among
others by reason of the fact that the given case is not explicitly provided in the law
WHEN IS STATUTORY CONSTRUCTION NECESSARY?
 The language of statute is ambiguous, doubtful or obscure when taken in relation
to a set of facts
 Reasonable minds disagree as to the meaning of the language
DIFFERENCE BETWEEN STATUTORY CONSTRUCTION AND INTERPRETATION
Construction and interpretation have the same purpose and that is to ascertain and give
effect to the legislative intent.
A distinction, however, has been drawn between construction and interpretation. One
who interprets makes use of intrinsic aids or those found in the statute itself, while one
who constructs makes use of extrinsic aids or those found outside of the written
language of the law (Caltex [Philippines], Inc. v. Palomar, L-19650, September 29,
1966).
WHEN STATUTORY CONSTRUCTION IS NOT NEEDED
When the words and phrases of a statute are not obscure and ambiguous, the meaning
and intention of the legislature should be determined from the language employed, and
when there is no ambiguity in the words, there is no room for construction (Allarde v.
Commission on Audit, 218 SCRA 227).
CHARACTERISTICS OF CONSTRUCTION
a. It Is an Art or Process

Construction is not an exact science. It does not depend on a set of formulas that
can be readily applied in every case. In fact, a statute may be interpreted
differently if different maxims of construction are applied. The different principles
of statutory construction should not be used if its application will run counter to
the clear legislative intent which can be determined from the other parts of the
law.

b. It Involves The Determination Of Legislative Intent

In Senarillos v. Hermosisima, the Court held that the judicial interpretation of

statutes constitutes part of the law as of the date the law was passed, since said
construction merely establishes the legislative intent that the interpreted law
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carried into effect. Thus, when the courts construe a law, they are merely
affirming what was originally intended by the legislature in enacting the same.
c. It Is Necessary When The Legislative Intent Cannot Be Readily Ascertained
From The Words Used In The Law As Applied Under A Set Of Facts

In Bolos v. Bolos, the Court explained that the cardinal rule in statutory
construction is that when the law is clean and free from any doubt or ambiguity,
there is no room for application. As the stature is clear, plain and free from
ambiguity, it must be given its literal meaning and applied without attempted
interpretation. This is what is known as the plain-meaning rule or verba legis. It
is expressed in the maxim, index animi sermo, or ‘speech is the index of
intention’. Furthermore, there is the maxim verbal egis non est recedendum,
or ‘from the words of a statute there should be no departure.

In People v. Mapa, the Supreme Court held that its first and fundamental duty is
to apply the law. The court further held that “construction and interpretation come
only after it has been demonstrated that application is impossible or inadequate
without them.

In Daoang v. Municipal Judge of San Nicolas, Ilocos Norte the court held that
construction is only necessary only if the law is ambiguous. Thus “the rule is that
only statutes with an ambiguous or doubtful meaning may be subject of statutory
construction.”

In Del Mar v. PAGCOR, the Supreme Court defined a statute to be ambiguous

when “it is capable of being understood by reasonably well-informed persons in
wither two or more senses.”

In People v. Nazario, the Court held that the test to determine whether a statute
is vague is when it lacks comprehensible standards that “men of common
intelligence must necessarily guess at its meaning and differ as to its
application.”
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d. It Is A Judicial Function

In In re: R. McCulloch Dick, the court held that under the Philippine system of
government, the duty and ultimate power to construe the laws is vested in the
judicial department.
In Endencia v. David, the court explained that the interpretation and application
of said laws belong exclusively to the judicial department.

Defining and interpreting the law is a judicial function and the legislative may not
limit or restrict the power granted to the courts by the Constitution.

Whenever a statute is in violation of the fundamental law, the courts must so

adjudge and thereby give effect to the Constitution. Any other course would lead
to the destruction of the Constitution.

RULES TO FOLLOW IN RELATION TO STATUTORY CONSTRUCTION

Apply the Law Interpret the Law Construct the Law
When the law speaks in If there is ambiguity in the If intent cannot be
clear and categorical language of the statute, ascertained, resort to
language ascertain the legislative extrinsic aids or those
intent through intrinsic aids found outside the language
or those found in the law of the law
itself

TEST IN DETERMINING WHETHER A STATUE IS AMBIGUOUS WHICH CALLS

FOR THE CONSTRUCTION
1. Test of multiple interpretations – when the statute is capable of two or more
reasonable interpretations, such that men of common intelligence must necessarily
guess at its meaning and differ as to its application.
2. Test of impossibility – when literal application is impossible or inadequate.
3. Test of absurdity or unreasonableness –when a literal interpretation of the statute
leads to an unjust, absurd, unreasonable or mischievous result, or one at variance with
the policy of the legislation as a whole.
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Three Cardinal Rules when the wordings of the Constitution are subject
Interpretation
VERBA LEGIS RATIO ET ANIMA UT MAGIS VALEAT QUAM
PEREAT
Words in the constitution Words in the constitution The constitution should be
should be given their should be interpreted in interpreted as a whole,
ordinary meaning except accordance with the intent every part given effect
where technical terms are of its framers
employed

Theories of Interpretation
1. Textualist theory or originalism

 Words used in the statute takes precedence over any other modes of
construction. Thus, the ordinary or plain meaning of construction should
control its interpretation.
 Textualists focus on the text of the legal provision, as it is presumed that
the words, grammar, and punctuation communicate its meaning.
 Their main objective is to find the “public meaning” of the statute or the
meaning of legal text as ordinary people understand it.
 Extrinsic sources of construction are avoided unless intrinsic sources of
meaning are found to be insufficient.
 Modern textualists also refer to extrinsic sources as a means to confirm
and verify the plain meaning to interpretation.

Weakness: Words often do not mean the same to everyone. There is false
belief that language has intrinsic meaning. Language evolve, and the
meaning of words evolves.

2. Intentionalism theory or originalism

 Focuses on legislative intent “in the belief that the policies and elected,
representative body chose should govern society”

 It is the duty of the court to discern the intent of that representative body
and interpret statutes to further that intent.

Difference with textualism:

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It does not require the establishment of ambiguity before it can resort to extrinsic
sources of construction, because the original intent of the framers of the law that
should have primacy in the determination of its meaning. Greater emphasis is
placed on the original intent of the drafters of the law and this requires a review
of legislative history and legislative deliberations.

Strength: Consistency with the objective of construction, as it requires the court

to inquire into the original intent of the legislature who wrote the law.

Weakness: The legislature consists of many (in the Philippines, hundreds)

individuals coming from different backgrounds and with different motivations.
Legislative determination may not be a reliable source of interpretation as it only
serves as evidence of the intention of but a few members of Congress who
actively participated in the deliberation of a law, and whose views may not be
necessarily shared by the other members of congress. It fails to reconcile
between general legislative intent and specific legislative intent. The former
refers to the general intention of congress in drafting a law as a while, while the
latter refers to the specific intention of the legislature in writing a specific section
or provision of the statute.

In its extreme, it focuses on specific legislative intent which could be misleading

in the sense that it fails to view the statute in the light of the general intention that
the legislature intended in the statute as a whole.

3. Purpovism or Legal Process theory

 Focuses on determining the problem that the legislature is seeking to address.
 Interpretation is made with a view to the public policy that the statute seeks to
advance.

An analysis of the Philippine Supreme Court decisions shows that we do not

adopt a single, unitary theory of construction.
While our Courts are moderate textualists in theory, in focusing on the plain
meaning theory of construction, they are, on the other hand, intentionalists and
purposivists in approach.
This is evidenced by the fact that while the Court prioritizes the plain meaning
rule as the objective manifestation of legislative intent, the Court has not
hesitated to state that if the language of the statute is inconsistent with its spirit or
ratio legis, then the latter should prevail.
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The fact that our legal system does not adopt a single theory of construction
gives the Courts flexibility in advancing its interpretation of a statute.

Who interprets the law?

Anyone can interpret the law. Lawyers, policemen, arbiters, administrative boards and
agencies, government as well as private executives are involved from time to time in the
interpretation of laws. Their interpretation, however, is not necessarily conclusive nor
can they bind the courts.
The judiciary has the delicate task of ascertaining the significance of a constitutional or
statutory provision, an executive order, a procedural or a municipal ordinance. It
discharges a role no crucial than the roles played by the two other departments in
maintaining the rules of law. To assure stability in legal relations and avoid confusion, it
has to speak with one voice. Logically and rightly, it does so with finality through the
highest judicial organ, the Supreme Court. What it says is definite and authoritative,
binding on those who occupy the lower ranks in the judicial hierarchy (Conde v.
Intermediate Appellate Court, G.R. No. 70443, September 15, 1986, Second Division,
Gutierez, Jr., J.).
What are covered by Judicial Interpretation?
What is Judicial Interpretation?
Purpose and Interpretation of Construction
Interpretation and construction have the same purpose and that is to ascertain and give
effect to the legislative intent.
When it is necessary to Interpret and to Construct?
It is necessary to interpret or construct when any of the following reasons exists:
1. When the language of the statute is ambiguous, doubtful, or obscure, when taken in
relation to a set of facts;
2. When reasonable minds disagree as to the meaning of the language used in the
statute.
It is not necessary to interpret or construct when the law speaks in clear and categorical
language. The duty of the court, in such a case, is to APPLY THE LAW, NOT TO
INTERPRET IT (Go Ka Toc & Sons v. Rice & Corn Board, G.R. No. L-23607, May 23,
1967; People v. Mapa, G.R. No. L-22301, August 30, 1967; Luzon Security Co. v. De
Garcia, G.R. No. L-25659, October 31, 1969).
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Meaning of Ambiguity
A condition of admitting two or more meanings, of being understood in more than one
way, or of referring to two or more things at the same time.
-Doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an
expression used in a written instrument, or if it is in conflict with the constitution
Powers of the Government
The present government is a presidential form with the executive power being vested in
the President of the Philippines, the legislative power in the Congress of the Philippines
consisting of a Senate and a House of Representatives, and the judicial power in one
Supreme Court and in such lower courts as may be established by law. This structure
upholds the principle of separation of powers and the system of checks and balances.
Legislative Power
Authority of Congress to make laws and to alter or repeal them
Original -power from the sovereign people (Supreme)
Derivative -delegated to the legislative bodies (Subordinate)
Judicial Power-
Authority to settle justiciable controversies or disputes involving rights that are
enforceable and demandable before the court of justice or to redress wrongs for the
violation of such rights. (Traditional concept)
-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 (Expanded jurisdiction & authority)
Duty of courts to interpret the law
If there are two possible interpretations, that which will achieve the ends desired by
Congress should be adopted.
A judge cannot decline to render judgment by reason of silence, obscurity or
insufficiency of the laws
In such cases, apply:
1. Customs not contrary to law, public order or policy
2. Court decisions, foreign or local, in similar cases
3. Legal opinions
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4. General principles of justice and equity

5. Rules of statutory construction
Nullum crimen, nulla poena sine lege
Executive Power
Power to enforce and administer laws, vested in the President
“Residual Power”
Power borne by the president’s duty to preserve and defend the constitution. It may be
viewed also as a power implicit in the president’s duty to take care that the laws are
faithfully executed
Three branches help in enforcing and interpreting the laws:
1. Law emanates from legislature
2. Executive department may modify or set aside judgment of courts (through Pardon)
3. Legislature may amend or revoke decisions of the court (through amendment of old
laws & enactment of new laws)
Rules for Judicial exercise of Power and Authority
Relationship of the three Principal Branches of Government
Some important Principles
Hierarchy of laws
Stare Decisis et non Quieta Non Movera
Legis interpretation legis vim obtinet
Aids used by the Courts to determine the intention of the legislature
In determining the intention of the legislature, the courts may use any of the following:
1. Intrinsic aids - elements found in the law itself
2. Extrinsic aids - facts or matters not found in the law
3. Presumptions - based on logical or established provision of law
The established practice is to resort to intrinsic aids before resolving to extrinsic aids
and before indulging in presumptions. (The Court has no prefer aids)
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I. Intrinsic Aids
1. Title
Expresses the subject matter; not controlling and not entitled to much weight
2. Preamble
States the reasons or the objectives of the enactment; cannot enlarge or confer
powers, or cure inherent defects in the statute
3. Words, Phrase and Sentences, Context
Language of the statute; taken from the general consideration of the act as a
whole
4. Punctuations
An aid of low degree in interpreting the language of a statute and can never
control against the intelligible meaning of the written word; it may be used as an
additional argument for adopting the literal meaning of the words thus punctuated
5. Headings and Marginal Notes
The former is a prompter or heads up, while the latter is contained in the drafts of
the original bill stating interpretations of the legislature but if the meaning of the statute
is clear or if the text of the statute is clear, they will prevail as against such
6. Legislative Definition and Interpretation
Former gives true meaning, while the latter tells how to approach the provision;
followed by the courts;
-rules:
(a) If the law provides such, the court must follow;
(b) In case of conflict between the two, legislative definition shall prevail;
(c) The term is used throughout the statute in the same sense in which it is first
defined; and
(d) Legislative definition of similar terms in other statutes may be resorted except
otherwise provided or limited.
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II. Extrinsic Aids

Extrinsic aids are entitled to respect, consideration and weight but the courts are at
liberty to decide whether they are applicable or not to the case brought to it for decision
1. Contemporaneous Circumstances
Conditions existing at the time the law was enacted: (a) History of the times and
conditions
b) Previous state of the law,
(c) Evils sought to be remedied or corrected by the law, and
(d) Customs usages of the people
2. Policy
General policy of the law or the settled policy of the state may enlighten the
interpreter of the law as to the intention of the legislature in enacting the same
3. Legislative History of the Statute
Reports of legislative committees; transcript of stenographic notes; personal
opinions are not appropriate aids of construction, however, if there is unanimity among
the supporters and the oppositors, such may be used as evidence of the purpose of the
act
4. Contemporaneous and Practical Construction
Those who lived at or near the time when the law was passed were more
acquainted of the conditions and the reasons why the law was enacted
5. Executive Construction
Deserves great weight and should be respected if said construction has been
formed and observed for a long period of time;
-rules:
(a) Congress is aware of the contemporaneous and practical construction by the
officers charged with the administration and enforcement of the law;
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(b) Courts should respect that contemporaneous construction except if it is

clearly erroneous;
(c) More weight if it is rendered by the Chief Legal Adviser of the government
who can issue opinions to assist various departments charged with the duty to
administer the law;
(d) Opinions, however, are subservient to the ruling of the judiciary
6. Legislative Construction
Entitled to consideration and great weight but it cannot control as against the
court’s prerogative to decide on what is the right or wrong interpretation
7. Judicial Construction
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
meaning publicly given by the members of the legal profession is a true one and
regarded as one that should not be lightly changed; may be also consulted as they are
oftentimes cited or made as references in court decisions
Definition of Law
Law Defined
Broad sense: Rule of action or norm of conduct applicable to all kinds of action
and to all objects of creation
Strict sense: A rule of conduct, just and obligatory, laid down by legitimate
authority for the common observance and benefit
Elements of Law

Classification of Law
1. Natural Law –
This law derives its force and authority from God. It is superior to other
laws. It is binding to the whole world, in all countries and at all times.
2. Positive Law
Physical Law -universal rule of action that governs the conduct and
movement of things i.e law of gravitation
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Moral Law -establishes what is right and what is wrong as dictated by

human conscience 4 | P L A T O N C.

Divine Law -divine positive law 10 commandments; divine human positive

law, enacted by man for their general welfare
Public Law

Constitutional Law, the fundamental law of the land which defines the
powers of the government;

Administrative Law, fixes organization and its functions;

International Law, regulates the community of nations

Private Law - Substantive, creates duties, rights; and Procedural, means &
methods in courts
Substantive private law - Those rules which declare legal relations of
litigants when the courts have been properly moved to action upon facts duly
presented to them. (Words and Phrases, Vol. 24, 337)
Procedural or adjective private law - Refers to the means and methods of
setting the courts in motion, making the facts known to them and effectuating
their judgments.
Sources of Law
1. Legislation -Legislative body
2. Precedent -judicial decisions applying or interpreting the law shall form a part
of the legal system of the Philippines6
3. Custom -have the force of law if acknowledged and approved by society
through long and uninterrupted usage -requisites:
o Proved as a fact,
o Not contrary to law,
o Number of repeated acts uniformly performed,
o Judicial intention to make a rule of social conduct, and
o Acknowledged and approved

4. Court decision -evidence of meaning and interpretations of the law

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Stare Decisis -Once a case has been decided one way, then another case
involving exactly the same question or point of law should be decided on the same
manner
Statute, Defined -A written will of the legislature expressed according to the form
necessary to constitute it a law of the state and rendered authentic by certain prescribed
forms and solemnities. (MIDTERMS)

Kind of Statutes
Identification of Statutes in the Philippines
Parts of a Statute
Effectivity of Laws
Effectivity of Ordinance
Who are subject to Philippine Law?
Constitutionality of Statutes
Requisites for questioning the Constitutionality of a Statute
Effect of a Statute which is declared constitutional
General Principles in the Construction of Statutes