“When the law speaks in clear and
categorical language, there is no room for
interpretation or construction. There is only
room for application. A plain and
unambiguous statute speaks for itself, and
any attempt to make it clearer is vain labor
and tends only to obscurity.” Songco, et al. v.
National Labor Relations Commission
“Where the language of a statue is clear and
ambiguous, the is applied according to its
express terms, and interpretation would be
resorted to only where a literal interpretation
would either be impossible or absurd or
would lead to an injustice”
“When the law speaks in clear and
categorical language, there is no need, in the
absence of legislative intent to the contrary,
for any interpretation.” Domingo v.
Commission on Audit
“When the law speaks in clear and
categorical language, there is no reason for
interpretation or construction, but only for
application.” Republic v. Court of Appeals
“It is axiomatic that when the law is clear, the
function of the courts is simple application,
not interpretation or circumvention. With
respect to the manner of computation of the
retirement benefits in light of the Special
Allowance granted under RA No, 9227,
Section 5 thereof, could not be any clearer.”
Re: Request of Justice Tito G. Gustilo that
the second 25% grant of the special
allowance for judges be included in the
computation of his retirement benefits, A.M.
No. RTJ-04-1868
THREE CARDINAL RULES WHEN
THE WORDINGS OF THE
CONSTITUTION ARE SUBJECT TO
INTERPRETATION
1. VERBA LEGIS
2. RATIO LEGIS EST ANIMA
3. UT MAGIS VALEAT QUAM
PEREAT
PURPOSE: ascertain and give effect to the
legislative intent
WHEN TO INTERPRET AND
CONSTRUCT:
1. When the language of the statue 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.
INDEX AMINI SERMO (speech is the
index of intention) – as the statute is clear,
plain and free from ambiguity, it must be
given its literal meaning and applied without
attempted interpretation.
Ambiguity – doubtfulness, doubleness of
meaning, indistinctness or uncertainty of
meaning of an expression used in a written
instrument
LEGISLATIVE POWER
Two kinds of legislative powers:
1. Original Legislative Power –
sovereign people (supreme)
2. Derivative Legislative Power –
legislative bodies (subordinate to the
original power of the people
JUDICIAL POWER
- Authority to settle justiciable
controversies or disputes involving
 rights that are enforceable and
demandable before the court of
justice or the redress of wrongs for the
violation of such rights
- to determine whether or not there has
been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on any part of any branch
or instrumentality of the Government
RULES
1. When the law is clear, the court’s
duty is to apply it, not to interpret it
2. Apply the law without fear or favor
3. Interpret the law according to the
meaning of the legislature intended to
give it
4. If there are two possible
interpretations, the one which
achieves the ends desired by the
Congress should be adopted
5. Laws of pleading, practice and
procedure are liberally construed in
order to promote their object and to
assist the parties in obtaining just,
speedy and inexpensive
determination of every action and
proceeding
6. A judge cannot decline to render
judgement by reason of the silence,
obscurity or insufficiency of the laws
In case of silence, obscurity or
insufficiency of the laws, a
judge may still be guided by
the following
a. Customs (not contrary to
law, public order, or
public policy)
b. Court decisions, foreign
or local, in similar cases
c. Legal opinions of
qualified writers and
professors;
d. General principles of
justice and equity; and
e. Rules of statutory
construction
EXECUTIVE DEPARTMENT
The President shall have control of all the
executive departments, bureaus, and offices.
He shall ensure that the laws be faithfully
executed (Art. VII, Sec. 17) and the
Commander – in – Chief of all the armed
forces of the Philippines (Art. VII, Sec. 18)
Residual Powers – it is a power borne by the
President’s duty to preserve and defend the
Constitution; a power implicit in the
President’s duty to take care that the laws are
faithfully executed
SYSTEM OF CHECKS AND
BALANCES
1. The laws emanate from the
Legislature
2. The Executive Department may
modify or set aside the judgement of
the Court
3. The Legislative Department may
amend or revoke the decisions of the
Court
CHAPTER II
To determine the intention of the legislature,
the Court may use any of the following:
1. Intrinsic Aids – found in law (MUST
BE USED FIRST!)
a. Title – subject matter
b. Preamble – reason or
objective
c. Words - intention
d. Punctuation – interpret the
meaning
e. Legislative definitions
and Interpretations
 RULES: ”Private parties cannot
1. If a law provides that constitutionally contract away the applicable
in case of doubt it provisions of law.” General Milling
should be construed or Corporation vs. Torres
interpreted in a certain
manner, the courts “Every part of the statue must be interpreted
should follow the with reference to the context, i.e., that every
instruction; part of the statue must be considered together
2. In case of conflict with the other parts, and kept subservient to
between the the general intent of the whole enactment.
interpretation clauses
and the legislative An interpretation should, if possible, be
meaning, as revealed avoided under which a statute or provision
by the statute being construed is defeated, or as otherwise
considered in its expressed, nullified, destroyed, emasculated,
totality, the latter shall repealed, explained away, or rendered
prevail; insignificant, meaningless, inoperative or
3. A term is used nugatory.
throughout the statue
in the same sense in A statute should be interpreted in harmony
which it is first with the Constitution.” Paras v. Commission
defined; on Elections
4. Legislative definition
of similar terms in 2. Extrinsic Aids – facts or matters
other statue may be a. Contemporaneous circumstances
resorted to except – history, previous state of law,
where a particular law evil sought to be remedied,
expressly declares that custom usages of people
its definition therein is b. Policy
limited in application c. Legislative History of the Statute
to the statutes in which – reports of legislative
they appear committees, transcript of
f. Interpretative clauses stenographic notes taken during
hearing, legislative investigations
“The construction should be or legislative debates
based upon something more d. Contemporaneous and Practical
substantial than mere punctuation Construction
found in the printed act. Argument e. Executive Construction – given
based upon punctuation is not by the Executive Department
conclusive, and the courts will not
hesitate to change the punctuation RULES:
when necessary, to give the act the 1. Congress is deemed to have
effect intended by the legislature.” been aware of the
U.S. v. Hart, et al. contemporaneous and
practical construction made
by the officers charged with
 the administration and
enforcement of law;
2. The courts should respect
contemporaneous
construction except if it is
clearly erroneous
3. Executive construction has
more weight if it is rendered
by the Chief Legal adviser of
the government who can issue
opinions to assist various
departments of the
government charged with the
duty to administer the law
4. The opinion, however, of the
Chief Legal adviser is
subservient to the ruling of the
judiciary, which is in charge
of applying and interpreting
laws.
f. Legislative Construction
g. Judicial Construction – should be
followed if it is reasonable, in
harmony with justice and public
policy and consistent with the
local law
h. Construction by the BAR and
Legal Commentators
“Basic and long settled is the doctrine that
findings of fact of a trial judge, when
affirmed by the Court of Appeals, are binding
upon the Supreme Court. This admits of only
few exceptions, such as (1) when the finding
are grounded entirely on speculation,
surmises or conjecture; (2) when an inference
made by the appellate court from its factual
findings is manifestly mistaken, absurd or
impossible; (3) when there is grave abuse of
discretion in the appreciation of facts; (4)
when the findings of the appellate court go
beyond the issues of the case, run contrary to
the admissions of the parties to the case or fail
to notice certain relevant facts which, if
properly considered, will justify a different
conclusion; (5) when there is
misapprehension of facts; and (6) when the
findings of fact are conclusions without
mention of the specific evidence on which
they are based, are premised on the absence
of evidence or are contradicted by evidence
on record.
3. Presumptions – logic or established
provision of law
PRESUMPTIONS IN AID OF
CONSTRUCTIONS
1. Presumption of Validity
2. Presumption of Constitutionality
3. Presumption of Good Faith
4. Presumption against Injustice
“It is necessary so that it may tip the
scales in favor of right and justice when
the law is doubtful or obscure. It will
strengthen the determination of the courts
to avoid an injustice, which may
apparently be authorized by some way of
interpreting the law”
5. Presumption against Inconsistency
“Ubi lex non distinguit, nec nos
distinguere debemos” – when the law
does not distinguish, we should not
distinguish
6. Presumption against Absurdity
7. Presumption against Ineffectiveness
2 IMPORTANT RULES:
1. Where a law is susceptible of two
constructions, one of which will
render it unconstitutional and the
other upholds its validity, the latter
must be adopted
2. Where the language of the statute is
susceptible of two or more
constructions, one which will render
the statue ineffective or inefficient
 and another which will tend to give
effect to the evident intent of the
legislature, that construction which
tends to give effect to the object for
which the law was adopted shall
prevail
8. Presumption against Irrepealable Laws
9. Presumption against Implied Repeals
2 REQUIREMENTS BEFORE A
STATUTE CAN BE CONSIDERED
TO HAVE REPEALED A PRIOR
STATUTE BY IMPLICATION
1. The statue touch the same subject
matter
2. The later statue is repugnant to the
earlier one
3 RULES TO REMEMBER
1. Laws are repealed only by subsequent
ones, and their violation or
nonobservance shall not be excused
by disuse, or custom or practice to the
contrary
2. When a law which expressly repeals
a prior law is itself repealed, the law
first repealed shall not be thereby
revived, unless expressly so provided.
However, when a law repeals a prior
law, not expressly but by implication
only, its repeal revives the prior law
unless the language of the repealing
statue provides otherwise.
3. A general law does not repeal a
special law unless it is expressly
provided, or they are incompatible.
10. Presumption against Violation of Public
Policy
11. Presumption of Knowledge of Existing
Facts
12. Presumption of Acquiescence to Judicial
Construction
13. Presumption of Jurisdiction
14. Presumption of Acting within the Scope
of Authority
15. Presumption against Violation of
International Law
“The Philippines renounces war as an
instrument of national policy, adopts the
generally accepted 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. III, Section 2,
1987 Constitution
CHAPTER III
Law – a rule of conduct, just and obligatory,
laid down by legitimate authority for the
common observance and benefit.
CLASSIFICATIONS:
1. Natural Law – force and authority
from God.
2. Positive Law
a. Physical Law – universal law
b. Moral Law – dictated by
conscience
c. Divine Law – divine positive
law; divine human positive
law
3. Public Law
a. Constitutional Law –
fundamental law of the land
which defines the powers of
the government
b. Administrative Law – fixes
the organization and
determines the competence of
the administrative authorities
and which regulates the
methods by which the
functions of the Government
are performed
c. International Law – body of
rules, which regulates the
community of nations
4. Private Law – body of rules which
creates duties, rights and obligations,
and the means and methods of setting
courts in motion for the enforcement
of a right or of a redress of wrong
a. Substantive Private Law –
rules which declare legal
relations of litigants when the
courts have been properly
moved to action upon facts
duly presented to them
b. Procedural or adjective
private law – means and
methods of setting the court in
motion, making the facts
known to them and
effectuating their judgement

SOURCES OF LAW
1. Legislation
2. Precedent
3. Custom

REQUISITES:
1. A custom must be proved as a fact
according to the rules of evidence
2. The custom must not be contrary
to law
3. There must be a number of
repeated acts and these repeated
acts must have been uniformly
performed
4. There must be a judicial intention
to make a rule of social conduct;
and
5. A custom must be acknowledged
and approved by society, through
long and uninterrupted usage

4. Court Decisions