Extrinsic aids, where found

-Contemporaneous customs

Extraneous facts and circumstances outside the printed page of the

statute

-The state of the existing law

Extrinsic aids enumerated

-History or realties existing at the time of the passage of the law
-Legislative proceedings
-Changes phraseology
-Prior laws and judicial decisions
-Contemporaneous construction
-Consequences of alternative interpretations
-Object

-Evils to be remedied
-Remedy provided
Contemporary construction, degree as aid
-Strongest in law
Legislative history, scope
-Covers introduction of the bill in the legislature up to its final passage
Legislative history, what it includes
-Presidents message

-Purpose

-Committee reports of legislature investigation and public hearings of

the subject of the bill

-Expediency

-Sponsorship speech

-Occasion and necessity

-Debates and deliberations

-Remedy provided

-Amendments and changes in phraseology

-Conditions of the country to be affected

Presidents message to the legislature

And other extrinsic matters

-State of the nation address

Resort to extrinsic aids when,

-Where president proposes legislative measures

If after all the intrinsic aids have been availed off

-Indicates his line of thinking on the matter

Contemporaneous circumstances

-Thus, courts may refer to the message of the president to determine

legislative intent

Facts and circumstances existing at the time of, leading to enactment

of the statue such as:
-History of times

-Because the statute was passed in response to the presidents

message

Explanatory note, defined.

Public policy

-A short explanation accompanying a proposed legislation by its

author

-policy which induced its enactment

Explanatory note contents

-Reason or purpose of the bill
-Arguments advanced by the author
Reports and recommendation of legislative committees
-Lucrative source of information helpful in construction
Provided: They are recorded in the journal
Limitation
-Committee Reports are not controlling
-May not be considered to clear an ambiguity
Legislatives debates, views and deliberations
-Useful in interpretation
-Provided they show common agreement among the members of the
legislature
-As to the meaning of an ambiguous provision
Legislatives debates, limitation
-Not safe guides to ascertain the meaning and purpose of the law
-They express only the views and opinions of individual members of
the legislature
-And do not necessarily reflect the view of Congress as a whole

-or which was designed to be promoted

-is a proper subject for consideration
Construction by executive officers, forms
-Rules and regulations
-Circulars
-Directives
-Opinions and rulings
Construction by executive officers, value
-Considered and given weight
-If uniform, consistent, observed and acted on for long period of time
-Opinions and rulings of officials tasked to enforce administrative laws
-Command much respect and weight
-The duty to enforce the law, which devolves upon the executive
branch of the government necessarily, calls for the interpretation of its
ambiguous provisions
-Thus, executive and administrative officers are generally the first
officials to interpret the law, preparatory to its enforcement
-And such interpretation comes in the form of rules and regulations,
circulars, directives, opinions and rulings

Executive construction, kinds

Doctrine of stare decisis, when applied

Construction by an executive or administrative officer directly

called to implement the law

-The ruling must be categorically stated on an issue expressly raised

by the parties

-May express or implied

-Must be direct ruling on substantially the same facts

-Example of express construction-circular, directive or regulation

Obiter dictum or obiter dicta

-Example of implied construction-non-enforcement in certain

situations, or applying it in particular manner

-other things said

-It is interpretation by usage or practice

Construction by the Secretary of Justice
-In his or her capacity as chief legal adviser
-It is in form of opinions issued upon request of administrative or
executive officials who enforce the law.
Construction by an executive officer exercising quasi-judicial
power

-A passing comment, an observation made by a judge incidental to

the case being tried
-While authoritative, is not binding on the future courts under the
doctrine of stare decisis
-An opinion expressed by the court upon some question of law which
is not necessary to the decision of the case before it
-It is not binding as a precedent
Ratio decidendi or rationes decidendi

-It is the form of ruling in an adversary proceeding.

-the reasons for the decision

Legislative construction, form

-Principles used by a judge when deciding

-Indicated by the language of the later enactments

-The principles create a binding precedent

-May be considered, but not controlling

-Courts will have to follow the same decision

Judicial construction

-If a case with similar facts is presented

-A judicial decision interpreting a statute is considered in construing

similar subsequent statutes

Obiter dictum and ratio decidendi distinguished

Doctrine of stare decisis et non quieta movere

-One should follow precedents and should not disturb what has been
settled

-Ratio decidendi- a binding precedent

-Obiter dictum- a persuasive precedent

Construction by the Bar

Doctrine of necessary implication, limitation

-The meaning publicly given by statute by long professional usage

-If it is not part of legislative intent

-Presumed to be true but not controlling

ILLUSTRATIVE CASE: Chua v Civil Service Commission

Dictionaries and Textbooks

Facts: The Early Retirement and Voluntary Separation Law was

enacted to streamline and trim down the bloated bureaucracy.

-Determine the meaning to be assigned to words of common usage or

technical terms
ILLUSTRATIVE CASE: Zari v Flores, 94 SCRA 319 (1979)
Doctrine of necessary implication and inferences
-That which is implied in the statute is much a part of it as that which
is expressed

Section 2 states in part:

The benefits under this Act shall apply to all regular, temporary,
casual, and emergency employees, regardless of age, who have
rendered at least a total of two (2) consecutive years of govt service
as of the date of separation

Doctrine of necessary implication, purpose

Uniformed a personnel of the Armed Forces of the Phil. including

those of PC-INP are excluded from the coverage of this Act

-It enables the court to draw inferences from legislative purpose and
intent

An employee of the National Irrigation Administration (NIA) applied to

avail of early retirement but it was denied.

-In such a way as to determine whether certain minor or specific

things are covered by the general or broad terms used in the statute

Instead, she was offered separation benefits

Doctrine of necessary implication, reason

The employment is co-terminous with a project, which is contractual in

nature

-Very rarely, if at all, are statutes framed with minute particularity as to

cover every conceivable situation
Doctrine of necessary implication, nature of
-This is not judicial legislation, but a method of discovery of legislative
intent through the logical process of deduction
-A statutory grant of power carries with it, by implication, everything
necessary to carry out the power or right and make it effectual and
complete

Contention of the CSC:

Held:
There is no substantial difference between contractual, casual and
emergency employees
A co-terminous employee is non-career civil servant, just like casual
and emergency employees
It may be argued that Congress would not have specifically
enumerated the employees to be covered had not the intention been
to restrict its meaning and confine its terms and benefits to those

specifically mentioned pursuant to the principle expression unius est

exclusio alterius

Establishment and maintenance of the extension classes where

necessary

It may also be argued that a person, object or thing omitted from the
enumeration must be held to have been omitted intentionally pursuant
to the principle casus omissus pro omisso habendus est.

The legal maxim expression unius est exclusio alterius applies

But adherence to these legal maxims results in incongruity and

violates the equal protection clause of the Constitution
The maxim expression unius est exclusion alterius does not apply, but
the doctrine of necessary implication
It says every statute is understood, by implication, to contain all such
provisions as may be 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
ILLUSTRATIVE CASE: CoA v Province of Cebu
Facts: The Governor of Cebu appointed teachers who have no item
in the DepEd plantilla to handle extension classes to accommodate
students in public schools
The salaries and personnel-related benefits of these teachers
were charged against the Special Educational Fund (SEF)

Since salaries , personnel-related benefits and scholarship grants are

not among those authorized as lawful expenditures of the SEF under
the LGC they should be deemed excluded
Held:
The contention of CoA is without merit.
It is an elementary rule in statutory construction that legislative intent
controls interpretation of a statute
Under the doctrine of necessary implication, the authority to open
extension classes chargeable against the SEF logically includes hiring
of teachers and payment of their salaries and other benefits, even if
hiring and payment were not specifically mentioned in the law
The service and salaries of these teachers are necessary and
indispensable to establish and maintain extension classes
Every statute is understood by implication to contain all such
provisions as may be necessary to effectuate its object and purpose

Also charged against the SEF are scholarship grants of the

province

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 CoA suspended the disbursement because salaries and

grants are not chargeable against the SEF

But scholarships grant neither necessary nor indispensable to the

operation and maintenance of Public schools

Contention of CoA:

Hence, the doctrine of necessary implication does not apply to it.

Section 100 (c) 2 of the Local Government Code provides:

Presumption in aid of construction

The annual school board budget shall give priority to the following:xx

-The court may properly rely on presumptions as to legislative intent

to resolve doubts as to its correct interpretation

Presumption basis

-Acquiescence to judicial construction

-Logic, experience and common sense

-As to existing laws

Presumptions, when applied

-In favor of exceptions to general language

-When there is doubt as to legislative intent

-As to jurisdiction of courts

-And such doubt should be resolved in favor of that construction which

is in accord with the presumption on the matter

-As to foreign laws

Presumption examples
-Congress acted within the scope of its authority
-Against violation of international law
-Against extra-territorial operation of statutes
-Against unconstitutionality
-Against inconsistency, injustice
-Motive of Congress
-In favor of beneficial operation of the statutes
-Against inconvenience, absurdity, and ineffectiveness of statutes
-As to public policy
-Against irrepealable laws, repeal, unnecessary changes in the laws,
implied repeals