STATUTORY CONSTRUCTION

CHAPTER I
PRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Constructi on– t h e a r t o r p r o c e s s o f d i s c o v e r i n g a n d

e x p o u n d i n g t h e m e a n i n g a n d i n t e n ti o n o f t h e a u t h o r s o f t h e l a w w i t h respect
to its application to a given case, where that intention is rendered doubtf ul, among others, by
reason of the fact that the given case is not explicitly provided for in the law. Justi ce Marti n
defi nes statutory constructi on as the art of seeking the i n t e n ti o n o f t h e l e g i s l a t u r e
i n e n a c ti n g a s t a t u t e a n d a p p l y i n g i t t o a given state of facts. A j u d i c i a l f u n c ti o n
i s r e q u i r e d w h e n a s t a t u t e i s i n v o k e d a n d d i ff e r e n t interpretations are in
contention. Difference between judicial legislation and statutory construction: Where legislature
att empts to do several things one which is invalid, it may be discarded if the remainder
of the act is workable and in no way depends upon the invalid portion, but if that portion is an
integral part of t h e a c t , a n d i t s e x c i s i o n c h a n g e s t h e m a n i f e s t i n t e n t
o f t h e a c t b y broadening its scope to include subject matter or territory which was not
included therein as enacted, such excision is “judicial legislati on” and not “statutory
construction”.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction - is the drawing of conclusions with respect to subjects that are beyond
the direct expression of the text, while

Interpretation - is the process of discovering the true meaning of the language used.
Interpretation is limited to exploring the written text. Construction on the
other hand is the drawing of conclusions, respecting subjects that lie beyond the direct
expressions of the text.

SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government:
•L e g i s l a t i v e p o w e r i s v e s t e d i n t h e C o n g r e s s o f t h e P h i l i p p i n e s – t h e
Senate and the House of the Representatives
•E x e c u t i v e p o w e r i s v e s t e d i n t h e P r e s i d e n t o f t h e R e p u b l i c o f
t h e Philippines (Art. VII, Sec.1, Phil. Const.)
• Judicial power is vested in one Supreme Court and in such lower
courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)Legislative – makes the
law Executive - executes the law Judicial – interprets the
lawS i m p l y s t a t e d , t h e s i t u s o f c o n s t r u c t i o n a n d i n t e r p r e t a t i o n o f w r i t
t e n laws belong to the judicial
department.I t i s t h e d u t y o f t h e C o u r t s o f J u s t i c e t o s e t t l e a c t u a l
c o n t r o v e r s i e s involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave
a b u s e o f d i s c r e t i o n amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the government. Supreme Court is the one and
only Constitutional Court and all other lower courts are statutory courts and
such lower courts have the power to construe and interpret written laws.

D U T Y O F T H E C O U R T S T O C O N S T R U E A N D I N T E R P R E T THE LAW;

REQUISITES

1. There must be an actual case or controversy,

2. There is ambiguity in the law involved in the controversy. Ambiguity
exists if reasonable persons can fi nd diff erent meanings in a statute,
document, etc.
A statute is ambiguous if it is admissible of two or
m o r e p o s s i b l e meanings. I f t h e l a w i s c l e a r a n d u n e q u i v o c a l ,
t h e C o u r t h a s n o o t h e r a l t e r n a t i v e but to apply the law and not to
interpret.

Construction and interpretation of law come only after it

h a s b e e n demonstrated that application is impossible or inadequate without them.

D I F F E R E N T K I N D S O F C O N S T R U C T I
O N A N D INTERPRETATION

Hermeneutics – the science or art of construction and interpretation.

Legal hermeneutics– i s t h e s y s t e m a t i c b o d y o f r u l e s w h i
c h a r e recognized as applicable to the construction and interpretation of
legal writings. Dr. Lieber in his work on Hermeneutics gives the following

Classification of the different kinds of interpretation:

1. C l o s e i n t e r p r e t a t i o n – a d o p t e d i f j u s t r e a s o n s
c o n n e c t e d w i t h t h e character and formation of the text induce as to take
the words in
then a r r o w e s t m e a n i n g . T h i s i s g e n e r a l l y k
n o w n a s “ literal” interpretation.

2. E x t e n s i v e i n t e r p r e t a t i o n – a l s o c a l l e d a s l i b e r a l i n t e r p r e t
a t i o n , i t adopts a more comprehensive signification of the words.

3. E x t r a v a g a n t i n t e r p r e t a t i o n – s u b s t i t u t e s a m e a n i n g evidently
b e y o n d the true one. It is therefore not genuine interpretation.

4. F r e e o r u n r e s t r i c t e d i n t e r p r e t a t i o n – p r o c e e d s s i m p l y o n
t h e g e n e r a l principles of interpretation in good faith, not bound by any specific
or superior principle.
 5. L i m i t e d o r r e s t r i c t e d i n t e r p r e t a t i o n - i n fl u e n c e d by other
p r i n c i p l e s than the strictly hermeneutic ones.

6. Predestined interpretation – takes place when the interpreter,

laboringu n d e r a s t r o n g b i a s o f m i n d , m a k e s t h e t e x t s u b s e r
v i e n t t o h i s preconceived views and desires.

SUBJECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are

t h e constitution and statutes which include ordinances. But we may also add
resolutions, executive orders and department circulars.

CHAPTER II
STATUTES LEGISLATIVE PROCEDURES

The power to make laws is lodged in the legislative department of

t h e government. A statute starts with a bill.

Bill – is the draft of a proposed law from the time of its introduction in a l e g i s l a t i v e
body through all the various stages in both houses. It is e n a c t e d
into law by a vote of the legislative body.

A n “Act” i s t h e a p p r o p r i a t e t e r m f o r i t a f t e r i t h a s b e e n a c t e d o n
a n d p a s s e d b y t h e legislature. It then becomes a statute, the written will of
the legislature solemnly expressed according to the form necessary to
constitute it as the law of the state.
“Statute Law” is a term often used interchangeably with
t h e w o r d “statute”. Statute Law, however, is broader in meaning since it
includes not only statute but also the judicial interpretation and application of the
enactment.

HOW DOES A BILL BECOMES A LAW – STEPS

A bill before it becomes a law must pass the strict const
i t u t i o n a l requirements explicit both in the 1973 Constitution a
n d t h e 1 9 8 7 Constitution.Passage of a bill in a parliamentary system (unicameral
assembly):
a. A member of the National Assembly may introduce the
p r o p o s e d b i l l to the Secretary of the National Assembly who will calendar
the same for the first reading.
b. In the fi rst reading, the bill is read by its number and title only.
 C . A f t e r t h e fi r s t r e a d i n g , t h e b i l l i s r e f e r r e d b y t h e
S p e a k e r t o t h e appropriate committee for study. At this stage,
the appropriate committee will conduct public
h e a r i n g s . T h e n a f t e r t h e p u b l i c hearings, the committee shall decide
whether or not to report the bill favorably or whether a substitute bill should
be considered. Should there be an unfavorable report of the committee, then
the proposed bill is dead.
d. Upon favorable action by
t h e c o m m i t t e e , t h e b i l l i s r e t u r n e d t o t h e National Assembly and shall
be calendared for the second reading.
e. In the second reading, the bill is read in its entirety.
f. Immediately after the second reading, the bill is set for open
debates w h e r e m e m b e r s o f t h e a s s e m b l y m a y p r o p o s e a m e n d m
e n t s a n d insertions to the proposed bill.
g. After the approval of the bill in its second reading and at
l e a s t t h r e e (3) calendar days before its final passage, the bill is printed in its final form
and copies thereof distributed to each of the members.
h . T h e b i l l i s t h e n c a l e n d a r e d f o r t h e t h i r d a n d fi n a l
r e a d i n g . A t t h i s stage, no amendment shall be allowed. Only the
t i t l e o f t h e b i l l i s read and the National Assembly will then vote on the
bill. Under the present 1987b Constitution, after the third and fi nal reading at
one House where the bill originated, it will go to the other House where it will
undergo the same process.
i. After the bill has been passed, it will be
s u b m i t t e d t o t h e P r i m e Minister (President) for approval. If he
disapproves, he shall veto it a n d r e t u r n t h e s a m e w i t h h i s o b j e c t i o n s t o
the National Assembly (House where it originated), and if approved
by two-thirds of all its members, shall become
a l a w . U n d e r t h e p r e s e n t s e t - u p , i f t h e originating house will agree
to pass the bill, it shall be sent, together with the objections to the other house by
which it shall be likewise be considered and must be approved by two-thirds of
the votes. Every bill passed by Congress shall be acted upon by the President
within thirty (30) days from receipt thereof. Otherwise, it shall become a law.
CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL

Three (3) very important constitutional requirements in the enactment of statute:

1. E v e r y b i l l p a s s e d b y C o n g r e s s s h a l l e m b r a c e o n l y o n e s u b j e c t
which shall be expressed
i n t h e t i t l e t h e r e o f . T h e p u r p o s e s o f t h i s constitutional
requirements are:
• To prevent hodge-podge or log-rolling legislation;
• To prevent surprise or fraud upon the legislature; and
•T o f a i r l y a p p r i s e t h e p e o p l e , t h r o u g h s u c h p u b l i c a t i o n s
o f legislative proceedings as is usually made, of the subjects
of
legislation that are being considered, in order that they may have opportunity
of being heard thereon by petition or otherwise, if they shall so desire.

2. No bill passed by either House shall become law unless it has

p a s s e d three readings on separate days, and printed copies thereof in its
finalf o r m h a v e b e e n d i s t r i b u t e d t o e a c h m e m b e r t h r e e d a y s b e f o
r e i t s passage.
3. Every bill passed by the Congress shall, before it becomes
a l a w , b e presented to the President. The executive approval and veto power
of the President is the third important constitutional requirement in the
mechanical passage of a bill.

PARTS OF STATUTE
a. Title
– The heading on the preliminary part, furnishing the name by w h i c h
t h e a c t i s i n d i v i d u a l l y k n o w n . I t i s u s u a l l y p r e fi x e d t o t h e statute in the
brief summary of its contents.
b. Preamble
– Part of statute explaining the reasons for its enactment and the
objects sought to be accomplished. Usually, it starts with “whereas”.
c. Enacting clause
– Part of statute which declares its enactment and serves to identify it as
an act of legislation proceeding from the proper legislative authority. “Be enacted”
is the usual formula used to start this clause.
d. Body
– t h e m a i n a n d o p e r a t i v e p a r t o f t h e s t a t u t e c o n t a i n i n g i t s sub
stantive and even procedural provisions. Provisos and exceptions may also be found.
e. R e p e a l i n g C l a u s e
- a n n o u n c e s t h e p r i o r s t a t u t e s o r s p e c i fi c
provisions which have been abrogated by reason of the enactment of the new
law.
f. Saving Clause
– restriction in a repealing act, which is intended to save rights, pending
proceedings, penalties, etc. from the annihilation which would result from an
unrestricted repeal.
g. Separability Clause
– p r o v i d e s t h a t i n t h e e v e n t t h a t o n e o r m o r e provisions or
unconstitutional, the remaining provisions shall still being force.
h. Effectivity Clause
– announces the effective date of the law.

KINDS OF STATUTES
1. General Law
 – aff ects the community at large. That which aff ects allpeople of the state or
all of a particular class.

2. Special Law
– designed for a particular purpose, or limited in range or confined to a
prescribed field of action on operation.
3. Local Law
– relates or operates over a particular locality instead of over the whole
territory of the state.

4. Public Law
– a general classifi cation of law, consisting generally
of c o n s t i t u t i o n a l , a d m i n i s t r a t i v e , c r i m i n a l , a n d i n t e r n a t i o n a l l a
w , concerned with the organization of the state, the relations between the
state and the people who compose it, the responsibilities of public o ffi c e r s o f t h e
s t a t e , t o e a c h o t h e r , a n d t o p r i v a t e p e r s o n s , a n d t h e relations of state
to one another. Public law may be general, local or special law.
5. P r i v a t e L a w
– d e fi n e s , r e g u l a t e s , e n f o r c e s a n d a d m i n i s t e r s
relationships among individuals, associations and corporations.
6. Remedial Statute
– providing means or method whereby causes of action may be effectuated,
wrongs redressed and relief obtained.
7. Curative Statute
– a form of retrospective legislation which reaches back into the past to
operate upon past events, acts or transactions
ino r d e r t o c o r r e c t e r r o r s a n d i r r e g u l a r i t i e s a n d t o r e n d e r v a l i d a n d effe
ctive many attempted acts which would otherwise be ineffective for the purpose
intended.
8. Penal Statute
– defines criminal offenses specify corresponding fines and punishments.
9. Prospective Law
– Applicable only to cases which shall arise after its enactment.
10. Retrospective Law
– looks backward or contemplates the past; one which is made to aff ect acts
or facts occurring, or rights occurring, before it came into force.
11. Affirmative Statute
– directs the doing of an act, or declares what s h a l l b e d o n e i n
c o n t r a s t t o a n e g a t i v e s t a t u t e w h i c h i s o n e t h a t prohibits the
things from being done, or declares what shall not be done.
12. Mandatory Statutes
– Generic term describing statutes which require and not merely permit a course of
action.
CONCEPT OF VAGUE STATUTES
Statues or act may be said to be vague when it lacks comprehensible
standards those men “of common intelligence must necessarily guess at its
meaning and differ as to its application. Statute is repugnant to the Constitution in two
(2) respects:
1.It violates due process for failure to accord
p e r s o n s f a i r n o t i c e o f conduct to avoid; and
2.It leaves law enforcers unbridled discretions. The Supreme Court held
that the “vagueness” doctrine merely requires a reasonable degree of certainty for the
statute to be upheld--- not absolute precision or mathematical exactitude. Flexibility,
rather than meticulous specificity, is permissible as long as the metes and bounds of the
statute are clearly delineated
REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED

Express repeal – is the abrogation or annulling of a previously existing l a w

by the enactment of a subsequent statute which declares that the
former law shall be revoked and abrogated.

Implied repeal – when a later statute contains provisions so contrary

toi r r e c o n c i l a b l e w i t h t h o s e o f t h e e a r l i e r l a w t h a t o n l y o n e o f
t h e t w o statutes can stand in force. T h e r e p e a l o f a p e n a l l a w d e p r i v e s t h e
c o u r t o f j u r i s d i c t i o n t o p u n i s h persons charged with a violation of the old penal
law prior to its repeal.

Only a law can repeal a law

The intention to repeal must be clear and manifest, otherwise, at least, as a

general rule, the later act is to be construed as a continuation of, and not a
substitute for, the first act. Two (2) categories of repeal by implication:

1. Where provision in the two acts on the same subject matter are in an
irreconcilable conflict;
2. If the later act covers the whole subject of the
e a r l i e r o n e a n d i s clearly intended as a substitute – to be a complete and
perfect system in itself.

ORDINANCE
Ordinance – an act passed by the local legislative body in the exercise of its law-making
authority.

TEST OF VALID ORDINANCE

1.Must not contravene the Constitution or any statute;

2.Must not be unfair or oppressive;
3.Must not be partial or discriminatory;
4.Must not prohibit but may regulate trade;
5.Must be general and consistent with public policy; and
 6.Must not be unreasonable.

R E A S O N W H Y A N O R D I N A N C E S H
O U L D N O T CONTRAVENE A STATUTE

Local councils exercise only delegated legislative powers conferred o

n them by Congress as the national law making body. The delegate cannot be superior to
the principal.

ROLE OF FOREIGN JURISPRUDENCE

Philippine laws must necessarily be construed in accordance with the

intention of its own law makers and such intent may be deduced from the
language of each law and the context of other local legislation related thereof.

CHAPTER III
BASIC GUIDELINES IN THE CONSTRUCTION ANDINTERPRETATION OF LAWS
LEGISLATIVE INTENT

The object of all interpretation and construction of stat

u t e s i s t o ascertain the meaning and intention of the legislature, to the
end that the same may be
enforced.L e g i s l a t i v e i n t e n t i s d e t e r m i n e d p r i n c i p a l l y f r o m t h e l a n g u a g e
o f t h e statute.

VERBA LEGIS

If the language of the statute is plain and

f r e e f r o m a m b i g u i t y , a n d e x p r e s s a s i n g l e , d e fi n i t e , a n d s e n
s i b l e m e a n i n g , t h a t m e a n i n g i s conclusively presumed to be the
meaning which the legislature intended to convey.

STATUTES AS A WHOLE
A cardinal rule in statutory construction is that legislative intent must
bea s c e r t a i n e d f r o m a c o n s i d e r a t i o n o f t h e s t a t u t e a s a w h o l e a
n d n o t merely of a particular provision. A word or phrase might easily convey a
meaning which is different from the one actually
intended.A s t a t u t e s h o u l d b e c o n s t r u e d a s a w h o l e b e c a u s e
i t i s n o t t o b e presumed that the legislature has used any useless words,
and because it is dangerous practice to base the construction upon only a
part of it, since one portion may be qualified by other portions.
SPIRIT AND PURPOSE OF THE LAW
When the interpretation of a statute according to the exact and literal import
of its words would lead to absurd or mischievous consequences, or
would thwart or contravene the manifest purpose of the legislature in its
enactment, it should be construed according to its spirit and reason,
disregarding or modifying, so far as may be necessary, the strict letter of the law.
•When the reason of the law ceases, the law itself ceases.
•Doctrine of necessary implications. What is implied in a statute is as much a part thereof
as that which is expressed.

CASUS OMISSUS
W h e n a s t a t u t e m a k e s s p e c i fi c p r o v i s i o n s i n r e g a r d
t o s e v e r a l enumerated cases or objects, but omits to make any provision for a
case or object which is analogous to those enumerated, or which stands upon the same
reason, and is therefore within the general scope of the statute, and it appears that
such case or object was omitted by inadvertence or because it was
overlooked or unforeseen, it is called a “casus omissus”.

Such omissions or defects cannot be supplied by the courts. The rule of “casus
omissus pro omisso habendus est” can operate and apply only if and when the
omission has been clearly established.

STARE DECISIS
It is the doctrine that, when court has once laid down a principle,
anda p p l y i t t o a l l f u t u r e c a s e s , w h e r e f a c t s a r e s u b s t a n t i a l l y t
h e s a m e , regardless of whether the parties and properties are the same.

Stare Decisis
. Follow past precedents and do not disturb what has been s e t t l e d . M a t t e r s
a l r e a d y d e c i d e d o n t h e m e r i t s c a n n o t b e r e l i t i g a t e d again and again.
“Stare decisis et non quieta movere” (follow past precedents and do not
disturb what has been settled.

CHAPTER IV
CONSTRUCTION AND INTERPRETATION OFWORDS AND PHRASES
WHEN THE LAW DOES NOT DISTINGUISH, COURTS
SHOULD NOT DISTINGUISH

When the law does not distinguish, courts should not distinguish. The rule,
founded on logic, is a corollary of the principle that general words and phrases
of a statute should ordinarily be accorded their natural and general significance. The
courts should administer the law not as they think it ought to be but as they find it and
without regard to consequences.

•If the law makes no distinction, neither should the Court.

EXCEPTIONS IN THE STATUTE
When the law does not make any exception, courts may not ex
c e p t something unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS

General terms in a statute are to receive a general construction,
unlessr e t r a i n e d b y t h e c o n t e x t o r b y p l a i n i n f e r e n c e s f r o m t h e
s c o p e a n d purpose of the act. General terms or provisions in a statute may be
restrained and limited by specific terms or provisions with which they are associated.
Special terms in a statute may sometimes be expanded to a
g e n e r a l signification by the consideration that the reason of the law is general.

G E N E R A L T E R M S F O L L O W I N G S P E C I A L
T E R M S (EJUSDEM GENERIS)

It is a general rule of statutory construction that where general words follow

an enumeration of persons or things, by words of a particular and s p e c i fi c m e a n i n g ,
s u c h g e n e r a l w o r d s a r e n o t t o b e c o n s t r u e d i n t h e i r widest extent, but are
to be held as applying only to persons or things of the same general kind or class as
those specifi cally mentioned. But this r u l e m u s t b e d i s c a r d e d w h e r e t h e
legislative intention is plain to
t h e contrary. T h i s r u l e i s c o m m o n l y c a l l e d t h e “ e j u s d e m g e n e r i s ”
r u l e , b e c a u s e i t teaches us that broad and comprehensive expressions in an act,
such as “and all others”, or “any others”, are usually to be restricted to
persons or things “of the same kind” or class with those specially named in
the preceding words. Rule of ejusdem generis merely a tool of statutory
construction resorted to when legislative intent is uncertain.

EXPRESS MENTION AND IMPLIED EXCLUSION

It is a general rule of statutory construction that the express mention of one
person, thing, or consequence is tantamount to an express exclusionof all others.

“Expressio unius est exclusio alterius”.

Except:
•When there is manifest of injustice
•When there is no reason for exception.

ASSOCIATED WORDS (NOSCITUR SOCIIS)

Where a particular word is equally susceptible of various meanings, its correct

construction may be made specific by considering the company of terms in which it is
found or with which it is associated.
USE OF NEGATIVE WORDS
Negative words and phrases regarded as mandatory whil
e t h o s e affirmative are mere directory. T h e w o r d “shall”
emphasizes mandatory character and means imperative,
operating to impose a duty which may be enforced.

T H E U S E O F T H E W O R D “ M A Y ” A N D “ S H A L L ” I N T H E STATUTE
U s e o f t h e w o r d “may” in the statute generally connotes a
permissiblet h i n g , a n d o p e r a t e s t o c o n f e r d i s c r e t i o n w h i l e t h e w
ord
“shall” is imperative, operating to impose a duty which may be
enforced. T h e t e r m “ s h a l l ” m a y b e e i t h e r a s m a n d a t o r y o r d i r e c t o r y d e
pendingupon a consideration of the entire provision in which it is
f o u n d , i t s object and consequences that would follow from construing it one way or
the other.

USE OF THE WORD “MUST”

The word “must” in a statute like “shall” is not always imperative
a n d may be consistent with an exercise discretion.

THE USE OF THE TERM “AND” AND THE WORD “OR”

“And” means conjunction connecting words or phrases expressing the idea
that the latter is to be added or taken along with the first. “Or” is a disjunctive
particle used to express as alternative or to give a choice of one among two
or more things. It is also used to clarify what h a s a l r e a d y b e e n s a i d , a n d i n
s u c h c a s e s , m e a n s “ i n o t h e r w o r d s , ” “ t o wit,” or “that is to say.”

COMPUTATION OF TIME
When the laws speak of years, months, days or nights, it shall
b e understood that years are of three hundred sixty five days each; months o f t h i r t y
d a y s ; d a y s o f t w e n t y – f o u r h o u r s ; a n d n i g h t s f r o m s u n s e t t o sunrise. If
months are designated by their name, they shall be computed by the number
of days which they respectively have. In computing a period, the fi rst day shall be
excluded, and the last day included (Art. 13, New Civil Code). A “week” means a
period of seven consecutive days without regard to the day of the week on which it
begins.
FUNCTION OF THE PROVISO

Proviso is a clause or part of a clause in the statute, the offi ce of which is

either to except something from the enacting clause, or to qualify
orr e s t r a i n i t s g e n e r a l i t y , o r t o e x c l u d e s o m e p o s s i b l
e g r o u n d o f misinterpretation of its extent.

“Provided” is the word used in introducing a proviso.

CHAPTER V
PRESUMPTIONS IN AID OF CONSTRUCTION ANDINTERPRETATION PRESUMPTIONS
In construing a doubtful or ambiguous statute, the Courts will presume that it
was the intention of the legislature to enact a valid, sensible and just law, and
one which should change the prior law no further than maybe necessary to effectuate
the specific purpose of the act in question.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullifi cation of law, there must be
a clear and unequivocal breach of the
constitution. T h e t h e o r y i s t h a t , a s t h e j o i n t a c t o f t h e l e g i s l a t i v e
and executiveauthorities, a law is supposed to have been care
f u l l y s t u d i e d a n d determined to be constitutional before it was finally enacted. All
laws are presumed valid and constitutional until or unless otherwise ruled by
the Court.

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injustice s this
never within the legislative intent. We interpret and apply the law in consonance with
justice. Judges do not and must not unfeelingly apply the law as it is
worded, yielding like robots to the literal command without regard to its
cause and consequence.
PRESUMPTION AGAINST IMPLIED REPEALS
The two laws must be absolutely incompatible, and clear fi nding thereof must
surface, before the inference of implied repeal may be
drawn.I n t h e a b s e n c e o f a n e x p r e s s r e p e a l , a s u b s e q u e n t l
a w c a n n o t b e construed as repealing a prior law unless an irreconcilable
inconsistency and repugnancy exists in terms of the new and old laws.
PRESUMPTION AGAINST INEFFECTIVENESS
In the interpretation of a statute, the Court should start with
t h e assumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give eff ect to the
legislative intention so as to avoid an unjust and absurd conclusion. Presumption against
undesirable consequences were never intended by a legislative measure.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW

Philippines as democratic and republican state adopts the generallya
ccepted 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. (Art. II, Sec. 2, Phil. Constitution).

CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION INTRINSIC AIDS
The term “intrinsic” means internal or within. Intrinsic aids, therefore, are
those aids within the statute. Intrinsic aids are resorted to only if there is
ambiguity. In resorting to intrinsic aids, one must go back to the parts of the
statute: the title, the preamble, context or body, chapter and section
headings, punctuation, and interpretation.

CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION EXTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the four c o r n e r s
o f t h e s t a t u t e . I f t h e r e i s a n y d o u b t a s t o t h e m e a n i n g o f t h e statute,
the interpreter must first find that out within the statute. Extrinsic aids therefore
are resorted to after exhausting all the available intrinsic aids and still there
remain some ambiguity in the statute. Extrinsic aids resorted to by the courts are
history of the enactment of t h e s t a t u t e ; o p i n i o n s a n d r u l i n g s o f o ffi c i a l s
of the government
calledupon to execute or implement administrative laws; contempora
n e o u s construction by executive offi cers; actual proceedings of the legislative
body; individual statements by members of congress; and the author of the
law. Other sources of extrinsic aids can be the reports and
recommendationso f l e g i s l a t i v e c o m m i t t e e s ; p u b l i c p o l i c y ; j u d i c i a l c
o n s t r u c t i o n ; a n d construction by the bar.

CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION INTRINSIC AIDS

The very term “intrinsic” means internal or within. Intrinsic aids, therefore, are those aids
within the statute. If the language of the statute is clear and unequivocal, there
is no need to resort to intrinsic aids. In resorting
t o i n t r i n s i c a i d s , o n e m u s t g o b a c k t o t h e p a r t s o f t h e statute.

THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID INDETERMINING LEGISLATIVE

INTENT TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative intent.

PREAMBLE AS INTRINSIC AID

The intent of the law as culled from its preamble and from the situation, circumstances
and conditions it sought to remedy, must be enforced. Preamble used as a guide in
determining the intent of the lawmaker.

CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION EXTRINSIC AIDS
Extrinsic aids are existing aids from outside sources, meaning outside from the
four corners of the statute. Extrinsic aids are resorted to after exhausting all the
available intrinsic aids and still there remain some ambiguity in the statute. Extrinsic
aids resorted to by the courts are:
•History of the enactment of the statute;
•Opinions and rulings of offi cials of the government called upon to execute or
implement administrative laws;
•Contemporaneous construction by executive offi cers charged with
implementing and enforcing the provisions of the statutes unless such
interpretation is clearly erroneous;
•Actual proceedings of the legislative body;
•Individual statements by members of congress; and
• The author of the law

Other sources of extrinsic aids are:

•Reports and recommendations of legislative committees;
•Public policy;
•Judicial construction; and
•Construction by the bar - It is a well-accepted principle that where a statute is
ambiguous, courts m a y e x a m i n e b o t h t h e p r i n t e d p a g e s o f t h e
p u b l i s h e d A c t a s w e l l a s those extrinsic matters that may aid in construing
the meaning of the statute, such as the history of its enactment, the reasons
of the passage of the bill and purposes to be accomplished by the measure.

I n d i v i d u a l s t a t e m e n t s b y m e m b e r s o f C o n g r e s s o n t h e fl o o r d o
n o t necessarily reflect legislative intent. The best interpreter of the law or any of its
provisions is the author of the law.

CHAPTER VIII
STRICT AND LIBERAL CONSTRUCTION ANDINTERPRETATION OF STATUTES GENERAL
PRINCIPLES

If a statute should be strictly construed, nothing should be

included within the scope that does not come clearly within the
m e a n i n g o f t h e language used. But the rule of strict construction is not applicable
where the meaning of the statute is certain and unambiguous, for under these
circumstances, there is no need for construction.

On the other hand, there are many statutes which will be liber
a l l y construed. The meaning of the statute may be extended to matters which come
within the spirit or reason of the law or within the evils which the law seeks to
suppress or
correct.L i b e r a l i n t e r p r e t a t i o n o r c o n s t r u c t i o n o f t h e l a w o r r u l e s
, however,a p p l i e s o n l y i n p r o p e r c a s e s a n d u n d e r j u s t
i fi a b l e c a u s e s a n d c i r c u m s t a n c e s . W h i l e i t i s t r u e
t h a t l i t i g a t i o n i s n o t a g a m e o f technicalities, it is equally true
that every case must be prosecuted
ina c c o r d a n c e w i t h t h e p r e s c r i b e d p r o c e d u r e t o i n s u r e a n o r d e r
l y a n d speedy administration of justice.

PENAL STATUTES

Penal laws are to be construed strictly against the state and in favor
of t h e a c c u s e d . H e n c e , in the interpretation of
a p e n a l s t a t u t e , t h e tendency is to subject it to careful scrutiny and to
construe it with such strictness as to safeguard the right of the accused.

If the statute is ambiguous and admits of two reaso

n a b l e b u t contradictory constructions, that which operates in favo
r o f a p a r t y accused under its provisions is to be preferred.

TAX LAWS
Taxation is a destructive power which interferes with the personal and
property rights of the people and takes from them a portion of their
property for the support of the government. A c c o r d i n g l y , i n c a s e o f d o u b t , t a x
s t a t u t e s m u s t b e c o n s t r u e d s t r i c t l y against the government and liberally
in favor of the taxpayer, for taxes,
being burdens, are not to be presumed beyond what the appli
c a b l e statute expressly and clearly declares. Any claim for exemption from a tax
statute is strictly construed against the taxpayer and liberally in favor of the state.

NATURALIZATION LAW
Naturalization laws should be rigidly enforced and strictly construed in favor
of the government and against the applicant.

INSURANCE LAW
Contracts of Insurance are to be construed liberally in favor o
f t h e insured and strictly against the insurer. Thus, ambiguity in the words of an
insurance contract should be interpreted in favor of its beneficiary.

LABOR AND SOCIAL LEGISLATIONS

D o u b t s i n t h e i n t e r p r e t a t i o n o f Wo r k m e n ’ s C o m p e n s a t i o n a n d L a b o r C
ode should be resolved in favor of the worker. It should be
liberallyconstrued to attain their laudable objective, i.e., to give reli
e f t o t h e workman and/or his dependents in the event that the former should die or
sustain in an injury.
The sympathy of the law on social security is towards its benefi ciaries and the
law by its own terms, requires a construction of utmost liberality in their favor.

RETIREMENT LAWS
Retirement laws are liberally interpreted in favor of the retiree because the
intention is to provide for the retiree’s sustenance and comfort, when he is no longer
capable of earning his livelihood.
ELECTION RULES
Statute providing for election contests are to be liberally construed to the end that the
will of the people in the choice of public offi cer may not be defeated by mere
technical objections.

RULES OF COURT
Rule of court shall be liberally construed in order to promote
t h e i r objective of securing a just, speedy and inexpensive disposition of
every action and proceeding.

CHAPTER IXPROSPECTIVE AND RETROSPECTIVE STATUTES GENERAL PRINCIPLES

Prospective statute – i s a s t a t u t e w h i c h o p e r a t e s u p o n a c t s a n
d transactions which have not occurred when the statute takes effect, that is, which
regulates the future.

Retrospective or retroactive law – is one which takes away or impairs v e s t e d

rights acquired under existing laws, or creates new
obligationsa n d i m p o s e s n e w d u t i e s , o r a t t a c h e s n e w d i s a b i l i t i e
s i n r e s p e c t o f transaction already past.
A sound canon of statutory construction is that statutes oper
a t e prospectively only and never retrospectively, unless the legislative intent t o t h e
contrary is made manifest either by the express terms of the
statute or by necessary implication. The Civil Code of the Philippines follows the
above rule thus: Laws shall have no retroactive effect, unless the contrary is
provided. Retroactive legislation is looked upon with disfavor, as a general rule and
properly so because of its tendency to be unjust and oppressive.

PENAL STATUTES
Penal statutes as a rule are applied prospectively. Felon
i e s a n d misdemeanors are punished under the laws in force at the time of
theircommission. (Art. 366, RPC).H o w e v e r , a s a n e x c e p t i o n , i t c a n b
e g i v e n r e t r o a c t i v e e ff e c t i f i t i s favorable to the accused who is not a
habitual criminal. (Art. 22, RPC).

PROCEDURAL LAWS ARE RETROSPECTIVE

Statutes regulating the
procedure of the Court will be construed asa p p l i c a b l e t o a c t i o n s p
e n d i n g a n d u n d e r m i n e d a t t h e t i m e o f t h e i r passage. However,
Rules of Procedure should not be given retroactive effect if it would result in
great injustice and impair substantive right. Procedural provisions of the Local
Government Code are retrospective.

CURATIVE STATUTES
They are those which undertake to cure errors and irregularities
a n d a d m i n i s t r a t i v e p r o c e e d i n g s , a n d w h i c h a r e d e s i g n e d t o g i v e e ff e c
t t o contracts and other transactions between private parties which otherwise would
fail of producing their intended consequences by reason of some statutory
disability or failure to comply with some technical requirement. They are therefore retroactive
in their character.

CHAPTER X
CONFLICTING STATUTES EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE

It may happen that in a statute, confl icting clauses and provisions may
arise. If such situation may occur, the statute must be construed as a whole.

STATUTES IN PARI MATERIA

Statutes that relate to the same subject matter, or to the same class
of persons or things, or have the same purpose or object. Statutes in pari materia are to
be construed together; each legislative act i s t o b e i n t e r p r e t e d w i t h r e f e r e n c e
t o o t h e r a c t s r e l a t i n g t o t h e s a m e matter or subject. However, if statutes of
equal theoretical application to a particular case cannot be reconciled, the
statute of later date must prevail being a later expression of legislative will.

GENERAL AND SPECIAL STATUTES

S o m e t i m e s w e fi n d s t a t u t e s t r e a t i n g a s u b j e c t i n g e n e r a l t e r m
s andanother treating a part of the same subject in particularl
y d e t a i l e d manner.If both statutes are irreconcilable, the general statute
must give way to
the special or particular provisions as an exception to the gen
e r a l provisions.
This is so even if the general statute is later enactment of the legislature a n d
broad enough to include the cases in special law unless there is
manifest intent to repeal or alter the special law.
STATUTE AND ORDINANCE
If there is confl ict an ordinance and a statute, the ordinance must give way. It
is a well-settled rule that a substantive law cannot be amended by p rocedural
law. A general law cannot repeal a special law. I n c a s e o f c o n fl i c t b e t w e e n a
g e n e r a l p r o v i s i o n o f a s p e c i a l l a w a n d a p articular provision of a general law,
the latter will prevail. When there is irreconcilable repugnancy between a proviso and the
body of a statute, the former prevails as latest expression of legislative
intent. T h e e n a c t m e n t o f a l a t e r l e g i s l a t i o n w h i c h i s g e n e r a l l a w
c a n n o t b e construed to have repealed a special law. A statute is superior to an
administrative circular, thus the later cannot repeal or amend it. Where the
instrument is susceptible of two interpretations, one which will make it
invalid and illegal and another which will make it valid and legal, and the latter
interpretation should be adopted. In case of confl ict between an administrative
order and the provisions of the Constitutions, the latter prevails.

CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THECONSTITUTION

A constitution is a system of fundamental law for the governance and administration of

a nation. It is supreme, imperious, absolute, and unalterable except by the authority from
which it emanates. Under the doctrine of constitutional supremacy, if a law or contract
violates any norm of the constitution, that law or contract whether promulgated by the
legislative, or by the executive branch or entered into by private persons for private
purposes is null and void and without any force or effect.

ALL PROVISIONS OF THE CONSTITUTION ARE SELF-EXECUTING; EXCEPTIONS

Some constitutions are merely declarations of policies. Their provisions command the
legislature to enact laws and carry out the purposes of the framers who merely establish
an outline of government providing for the different departments of the governmental
machinery and securing certain fundamental and inalienable rights of citizens. Thus a
constitutional provision is self-executing if the nature and extent of the right conferred
and the liability imposed are fixed by the constitution itself. Unless it is expressly
provided that a legislative act is necessary to enforce a constitutional mandate, the
presumption now is that all provisions of the constitution are self-executing.

In case of doubt, the Constitution should be considered self-executing rather than non-
self-executing, unless the contrary is clearly intended. On-self-executing provisions would
give the legislature discretion to determine when, or whether, they shall be effective,
subordinated to the will of the law-making body.

PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICTINTERPRETATION

Guidelines in construction and interpretation of the constitution arestressed:1.The
Court in construing a Constitution should bear in mind the object sought to be
accomplished by its adoption, and the evils, if any, sought to be prevented or
remedied.2.One provision of the Constitution is to be separated from all the
others, to be considered alone, but that all provisions bearing upon a particular subject
are to be brought into view and to be interpreted as to effectuate the great purposes of
the instrument.3.The proper interpretation of the Constitution depends more
on how it was understood by the people adopting it than the framer’s understanding
thereof.
THE CONSTITUTIONAL PROVISION ON NATURAL-BORNCITIZENS OF THE PHILIPPINES
GIVEN RETROACTIVEEFFECT
Under THE 1973 Constitution, those born of Filipino fathers and those born of Filipino
mothers with an alien father were placed on equal footing. They were both considered as
natural-born citizens. The constitutional provision is curative in nature.

THE CONSTITUTION MUST BE CONSTRUED IN ITS ENTIRETY AS ONE, SINGLE

DOCUMENT
LIBERAL CONSTRUCTION OF ONE TITLE OF ONESUBJECT
A liberal construction of the “one title-one subject” rule has been invariably adopted by
the court so as not to cripple or impede legislation. The title expresses the general
subject and all the provisions are germane to the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE 1987CONSTITUION IS NOT GOVERNED BY

ANY FORMAL REQUIREMENT
AS TO FORM. IT CAN BE ORAL. IT CANBE WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLI
ED.SPECIAL PROVISION PREVAILS OVER A GENERAL ONE

Lex specialis derogant generali

SUPREMA LEX
It is time-honored that the Constitution is the Supreme Law of the land. It is the law of all
laws. Hence, if there is conflict between a statute and the Constitution, the statute shall
yield to the Constitution.

STARE DECISIS
The rule of precedents. Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.

CONCLUSION
The fundamental principle of constitutional construction is to give effect to the intent of
the framers of the organic law and of the people adopting it.

CHAPTER XII
RECENT CASES ON STATUTORY CONSTRUCTION

•The term “may” is indicative of a mere possibility, an opportunity or an option.

•An implied repeal is predicated on a substantial conflict between the new and prior
laws.
•The abrogation or repeal of a law cannot be assumed; the intention to revoke must be
clear and manifest.
•When the law speaks in clear and categorical language, there is no occasion for
interpretation.
•Penal laws must be construed strictly. Such rule is founded on the tenderness of the
law for the rights of individuals and on the plain principle that the power of punishment
is vested in the Congress, not in the Judicial department.
•Where a requirement is made explicit and unambiguous terms, no discretion is left
to the judiciary. It must see to it that the mandate is obeyed.
•Statutes that are remedial, or that do not create new or take away vested rights, do
not fall