In the name of God the Most Gracious the Most Merciful

Atty. Steve Paulo Arellano Mercano

I. Legislative History as VII. Amendments and changes in

Aid to Construction Phraseology in which it
undergoes before final
approval thereof.
1. Resolving the history of the
statute
3. Research value of legislative
debates, views and deliberations
- There is no better means of
ascertain the will and intention of
- Courts may avail of themselves
the legislature than that which is
the actual proceedings of the
afforded by the history of the
legislative body to assists in
statute
determining the construction of a
- By looking at and investigating
statute with doubtful meaning
the legislative history of the
statute, the court will be able to
- The may resort to the legislative
arrive at its correct interpretation
deliberations in the legislature on
- For this purpose, the court may
a bill which eventually was pass
take judicial notice of the origin
or enacted to ascertain the
and history of the statute which it
meaning of its provisions
is called upon to construe and
apply, and of the facts which
- THE MEANING PUT INTO
affect its derivation, validity and
THE PROVISION BY THE
operation
LEGISLATIVE
DELIBERATION OR
2. What constitutes legislative
DISCUSSION ON THE BILL
history
MAY BE ADOPTED
- It covers all its antecedents from
- Individual views of the legislator
its inception until its enactment
during the deliberation of a bill
into law.
as to its purpose, meaning and
- Steps done from the time the bill
effect are not controlling in the
is introduced until it is finally
interpretation of law * because it
passed by the legislature
may not necessarily reflect the
It includes: view of the whole house
I. Presidents message if the bill
is enacted thereto
- Opinions and views of the
II. Explanatory note legislators may not be given
accompanying the bill weight in the following
III. Committee reports of circumstances :
legislative investigation
IV. Public hearings on the subject I. There are circumstances
of the bill indicating a meaning of a statute
V. The sponsorship speech other than that expressed by the
VI. The debates and deliberations legislators
concerning the bill

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 In the name of God the Most Gracious the Most Merciful
II. The views expressed were
conflicting
III. Intent deducible from such
views is not clear
IV. The statute involved is free from
ambiguity
- Opinions expressed by the
legislators in the application of
existing laws is not given weight
especially when they are not part
of the house that enacted it.
- Where two or more statutes
relating to the same subject
matter were enacted by different
assemblies, neither is qualified to
speak about the intent of the
other
- Where the statute is clear and
free from ambiguity, courts will
not inquire into the motive which
influence the legislature or the
whole body
- TO READ INTO LAW THE
SUPPOSED INTENTION OF
THE LEGISLATURE, WHERE
THERE IS NO AMBIGUITY IN
IT, WOULD BE TO SUPPLY
SOMETHING THAT DOES
NOT APPEAR IN THE ACT.
4. Reports of Commissions
Commissions usually formed to
compile and collate all laws on a
particular subject and to prepare the draft
of the proposed code.
In construing the Provisions of the RPC
or NCC the courts may thus avail of
themselves the reports of the
commission that drafted the code in
clarifying the ambiguities therein.
Kitem Duque Kadatuan Jr.
5. Appreciation of prior laws
- In ascertaining the intention of
the lawmakers, courts are
permitted to look to prior laws on
the same subject and to
investigate the antecedents of the
statute involved.
- Specially applicable in the
interpretation of codes, revised,
compiled statutes for the prior
law will clarify the intent of the
law or shed light on the meaning
and scope of the codified or
revised statute.
6. A. Changes in Phraseology
- Change in Phraseology by
amendment indicates the
intention of the legislative to
change the meaning of the
provision of the law from that it
originally.
- In construing the amended
provision, courts may investigate
the history of the provision to
ascertain legislative intent as to
the meaning or scope of the
amended law.
- When a statute has gone several
amendments, each amendment
using different phraseology the
deliberate selection of language
that is different from that of the
earlier act indicates that a change
in the meaning of the law was
intended
- The courts should construe the
statutes as to reflect such change
in meaning
B. Deletion
- Amendment by deletion indicates
the intention of the legislature to
change its meaning
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 In the name of God the Most Gracious the Most Merciful
- On the presumption that the
legislature would not have made
the deletion had the intention
been not the effect the meaning.
C. Exception
- When the deleted words ARE
surplusage
- When there is no clear intention
to change the previous meaning
of the old law
- Purpose is to plainly express the
construction prior to its
amendment because its language
is not sufficiently expressive of
such construction
7. A. Adopted statutes
- General rule, where the local
statutes are patterned after or
copied from those of another
country, the decisions of the
courts in such country construing
those laws are entitled to great
weight in the interpretation of
such local statutes.
- Generally be followed if found
reasonable and in harmony with
justice, public policy and other
local statutes on the subject.
- REASON The legislature in
adopting the statute is deemed to
have adopted the statute with
such construction and practical
application in the country of
origin
B. Exception
- Differ in some material aspects
- Foreign statute is clearly
erroneous or has not become
settled
- The adopting state has given the
statute its own interpretation\
Kitem Duque Kadatuan Jr.
Philippine laws must
necessarily be construed in
accordance with the intention
of its lawmakers and such
intention may be deduced
from the language of each
law and the context of other
legislation related thereto.
8. History of the times
- Court may look of the times and
examine the state of things
existing when the statutes was
enacted.
I. History of the times to which
it grew to which it may be
rationally supposed to bear a
direct relationship
II. The evils intended to be
remedied
III. The good to be accomplished
II. Contemporaneous Construction
Generally, the construction placed upon
the statutes at the time of, or after its
enactment by the
I. Executive
II. Legislative
III. Judiciary
IV. Those who are involved in
the process of legislation
such as draftsmen and bill
sponsors
Are invaluable aid in the construction by
the courts of ambiguous or doubtful
provision of law.
Contemporanea expositio est optima et
fortissimo in lege the contemporary
construction is strongest in law
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 In the name of God the Most Gracious the Most Merciful
I. Executive
- Commonly referred to as
contemporaneous construction
- The duty of enforcing the law,
which devolves upon the
executive branch necessitates for
the interpretation of its
ambiguous provision
- Executive and Administrative
officers generally the first to
interpret the law, preparatory to
its enforcement.
Forms:
1. Rules
2. Regulations
3. Circulars
4. Directives
5. Opinions
6. Rulings
Types:
1. Construction by an executive or
administrative officer directly
called to implement the law.
2. Construction by the Secretary of
Justice in his capacity as the
chief legal adviser of the
government. * in the absence of a
judicial ruling and unless
reprobated by the President it is
generally controlling among
administrative and executive
officials.
President or Executive
secretary by the authority of
the president has the power to
alter, modify or reverse the
construction of the dept.
secretary
Kitem Duque Kadatuan Jr.
3. Interpretation handed down in an
adversary proceeding in the form
of a ruling by an executive
officer exercising quasi-judicial
power
- It is controlling especially is it is
followed for a considerable
period of time
- In the absence of error or abuse
of power or lack of jurisdiction
or grave abuse of discretion, the
action of the agency would not
be disturbed by the courts.
Optimus interpres rerum usus usage is
the best interpreter of things
- Frequently the drafters of the law
they interpret
- Familiarize themselves of the
considerations pertinent to the
meaning and purpose of the law,
and have formed independent,
conscientious, competent expert
opinion thereon
II. Judiciary
- The court may disregard the
contemporaneous construction of
the law when:
I. There is no ambiguity in the
law
II. The construction is clearly
erroneous
III. Strong reasons exists to the
contrary
IV. The court has previously
given a different
interpretation
Erroneous Contemporary construction
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 In the name of God the Most Gracious the Most Merciful
- Creates no vested right on those
who relied upon and followed
such construction
- Doctrine of stare decisis et non
quieta movere. when a
determining court has established
principles, interpretation and
construction of law, that which is
established, will be followed by
the determining court and such
inferior courts if the same legal
issues are raised.
- Interest reipublicae ut sit finis
litium The intereset of the State
demands an end to litigation.
III. Language of Statutes
1. Plain meaning rule
- The meaning must be determined
from the language employed and
the statute must be taken to mean
exactly what it says
- When the law is clear and
unambiguous the law should be
taken to mean exactly what it
says
- Maledicata est exposition quae
corrumpit textum It is
dangerous construction which is
against the text.
2. Dura Lex Sed Lex
- When the law speaks in a clear
categorical language and
unequivocal language, the court
should apply the law regardless
of who may be affected, the law
may be harsh and onerous but it
is the law
- Hoc quidem perquam durum est,
sed ita lex scripta est it is
exceedingly hard but so the law
is written
Kitem Duque Kadatuan Jr.
3. Intent as guide
I. The statute must be
capable of interpretation,
otherwise inoperative
- Interpretatio fienda us tut res
magis valeat quam pereat that
interpretation as will give the
thing efficacy is to be adopted
II. What is within the spirit
is within the law.
- A law should be construed in
accordance, and not repugnant to,
the spirit of the law.
- When a literal interpretation
would lead to absurdity or
injustice or would contravene the
manifest purpose of the
legislature
III. Literal Import must yield
to intent
- Verba intentioni, non e contra,
debent inservire, - words ought
to be more subservient to the
intent and not intent to words.
IV. Intent of a statutes is the
law
- The intent is the vital part of the
statute, the essence of the law,
and the primary purpose of
construction is to ascertain and
give effect to the intent
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