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AIDS TO CONSTRUCTION

BY: Miss Jover N. Laurio


INTRINSIC AIDS

 The term “intrinsic” means internal or within.


 Intrinsic aids, therefore, are those aids within the
statute
EXAMPLE: 
• The Title
• the Preamble
• Context or body
• Chapter and section headings
• Punctuation, and interpretation.
EXTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the
four corners of the statute.

EXAMPLE: 
•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
•actual proceedings of the legislative body
•individual statements by members of congress
•the author of the law.
 
TITLE
1. It serves as aid in case of doubt in its language,
to its construction and ascertaining legislative
will.
2. Used by the court to clear the obscurity.
3. An aid when there is doubt as to the meaning of
the law.
“WHEN THE TEXT OF THE STATUTE IS CLEAR
AND FREE FROM DOUBT, IT IS IMPROPER TO
RESORT TO ITS TITLE TO MAKE IT OBSCURE.” 
PREAMBLE
  That part of the statute written immediately after its title,
which states the purpose, reason or justification for the
enactment of the law.
 Expressed in the ‘Whereas Clause’
 Usually omitted in statutes made by the congress.
 In its place, these legislative bodies used the explanatory note
to explain the reasons for the enactment of statutes.
 It may clarify ambiguities
 It may express the legislative intent to make the law apply
retroactively, in which case the law has to be given retroactive
effect, so as to carry out such intent
CONTEXT OF WHOLE TEXT
 Legislative intent should accordingly be
ascertained from a consideration of the whole
context of the statute and not from an isolated
part of particular provision
 The best source from which to ascertain the
legislative intent is the statute itself - the
words, phrases, sentences, sections, clauses,
provisions – taken as a whole and in relation to
one another.
PUNCTUATION MARKS
 aids of low degree and can never control the
intelligible meaning of written words; may be
used to clear ambiguities

“Punctuation marks are aids of low degree & can never control
against the intelligible meaning of written word. The reason is
that punctuation marks are not part of a stature; nor are they
part of the English language “
EXAMPLE
A. Semi-colon – indicates a separation in the
relation of the thought, a degree greater than
that expressed by a comma. Makes the
difference being that the semi-colon makes the
division a little more pronounced
B. Comma – also separates the parts & sentences,
but less pronounced than the comma.
C. Period – used to indicate the end of a sentence.
EXAMPLE
“If the charge against such subordinate
or employee involves dishonesty,
oppression, or grave misconduct or
neglect in the performance of duty”
NOTE: An argument based upon punctuation alone is not persuasive,
and the courts will not hesitate to change the punctuation when
necessary, to give the statute the effect intended by the legislature
HEADNOTES OR EPIGRAPHS

 convenient index to the content of its


provisions.
 They are not part of the law thus, they can
never control the plain terms of the enacting
clauses.

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