Cardinal Rules of Construction
Cardinal Rules of Construction
Cardinal Rules of Construction
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5. Judicial Construction
EXTRINSIC AIDS OF CONSTRUCTION In interpreting statutes, it should be construed with similar
Those extraneous facts, circumstances and means of statutes
explanation, resorted to for the purpose of determining the Judicial decisions previously rendered on the interpretation of
legislative intent. particular terms and phrases used in a statute, and decisions
Those not found on the law but help you ascertain the meaning subsequently rendered upon its effect, purpose, or scope are
Admissibility of Extrinsic Aids strong evidence of its meaning and are generally controlling
In case of doubt or uncertainty as to the meaning and force in establishing its correct construction.
intention of the legislature, which cannot be removed by 6. Legislative Construction
resort to intrinsic aids, then recourse may be had to You cannot enact a law that interprets another law
extrinsic aids which are admissible so long as they are 7. Legislative History of Statutes
logically connected with the act in question, or authentic, History of the bill in its progress through the legislature by
or inherently entitled to respectful consideration. examining legislative journals
8. Legislative Debates
a. Dictionaries (Legal, Scientific and General) Could be proved useful when they show common
to determine the meaning of the words understanding in the meaning of the law
while dictionary definitions are not imperatively binding they 9. Motives of the Legislature
are persuasive evidence in support of the conclusions which Courts cannot inquire into the motives of the legislature except
the courts are induced to adopt, on other and more weighty in so far as they may be disclose on the face of the act or
considerations inferable from its operation
b. Documents and State Papers 10. Reference to Other Text if Language Promulgated in More Than
capable of throwing light upon the meaning of statute One Language
especially when it is of the character of a public official To explain obvious ambiguity, or correct mistakes
document or state paper e.g. reference to Original Text ( Spanish to English Text of the
c. Scientific and Political Writings Civil Code, RPC)
In case in it is necessary to determine the meaning of words 11. Doctrine of Implications and Inference
and phrases employed in statute, provided the works consulted That which is implies in the statute is as much a part is what
are standard works and of generally accepted authority which is expressed
While not invested with controlling authority they often furnish Enables the courts to draw inferences from the legislative
valuable assistance to the judicial tribunals in their search for purpose and intention in such a way as to determine whether
the meaning intended certain minor or specific things are covered by the general or
d. Legal Textbooks broad terms in a statute.
Often a considerable assistance to the courts in case resort to Restriction: Courts may not by implication read into a statute
extrinsic aids is necessary. that which is not intended to be there.
While never admitted to be absolutely authoritative, they serve
as persuasive or cumulative evidence of the true meaning of
statute the degree of respect of course depending upon
PRESUMPTIONS IN AID OF CONSTRUCTION
learning in reputation of author and the measure of care and
The intention of the legislature to enact a valid, just and sensible law.
right reason he has handled the subject.
e. Official Opinions
1. Presumption against exceeding limits of legislative authority
Always received with great respect and consideration, and may
Presumed they have enacted within their authority
be resorted to for the purposes of determining the meaning of
If there are two interpretations, one within the limits and the other
the statute
beyond the limits of the statute, the one within the limits will be
f. Judicial Notes
followed
All those matters of facts of which the courts may take judicial
2. Presumption against violation of International Law, and against
notice may be summoned by the courts to their aid in cases of
extraterritorial operation of statutes
necessity , to determine the meaning and intention of the
In case of doubt, a statute should be so construed as to harmonize
statute
with the rules and principles of international law, rather than to
g. Other Extrinsic Aids
violate them
1. Contemporary History
Prima facie, every statute is confined in its operation within the
The courts may consider the history of the times and of the act
territory of the state enacting it, and the presumption is always
itself, the previous state of the law
against giving it extraterritorial application
Factors to consider:
3. Presumption in favor of constitutionality of a statute
1. What was the common law before the making of the
Enacted within the provision of the constitution
law
The presumption is always in favor of constitutionality and every
2. What was the act, mischief, or common defect which
doubt should be resolved by the courts in favor if such
the common law did not solve
constitutionality
3. What remedy was passed to solve and appointed to
Party invoking has the burden of proof that a law is unconstitutional
cure the misuse of the law
4. Presumption against inconsistency
4. What is the reason of the remedy
The mind of the legislature is presumed to be consistent and its
2. Physical Conditions of the Country
enactment therefore also presumed to be consistent with each
Instances that happen and why the law is enacted
other
It is proper to consider the physical conditions of a country
5. Presumption as to motives of legislature
which must of necessity affect its operation in order to reach an
The courts will primary assume that the legislature considered the
understanding as to the end of the legislature
effects of legislation on the constitutional rights of the citizen
Examples: the 1970s and BP 22, 1993 Death Penalty for
That it acted from patriotic and just motives, and with a desire to
Heinous Crime because of the condition of the country during
promote the public good, and that law are passed in good faith in
that time, How Martial Law was declared
order to remedy some evil
3. Contemporary Construction
Courts cannot impute to the legislature a disregard of any
In case of doubt as to the meaning of a statute, the courts may
fundamental principle of liberty
resort to contemporaneous construction of that put upon it at
6. Presumption in beneficial operation
the time of its passage or soon afterwards and universally
7. Presumption against impossibility
acquiesces in and acted upon. Such construction is entitled to
Lex Nin Cogit An Impposiblia - The law does not compel a man to do
great weight and will be accepted as the true construction
that which is impossible.
unless there are cogent reasons to the contrary.
Lex Non Intendit Aliquid Impossible – The law does not require an
Contemporanea Expositio Est Optima Et Fortissima In Lege –
impossibility.
The contemporary construction is the best and strongest in
8. Presumption against injustice and hardship
understanding the law.
Art. 10. (NCC) In case of doubt in the interpretation or application of
4. Usage
laws, it is presumed that the lawmaking body intended right and
Used all the times and the consistent construction, especially if
justice to prevail.
general and long continued
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Legis Constructio Non Facit Injuriam – The construction of the law
will not be such as to result to injury/injustice.
Would have no application when the language of the law is explicit
even if it will result to an injustice
Hoc Quiram Perquam Durum Est Sed Ita Scripta Lex Est - This is
exceedingly hard, but so the law is written
9. Presumption against inconvenience
It is presumed that the legislature never worked against public
inconvenience
10. Presumption against absurdity
It is presumed that the legislature does not intend an absurdity or
that absurd consequence shall flow from its enactments, and such a
result should be avoided, if the terms of the act admit of it, by
reasonable construction.
Lex Semper Intendit Quod Covenit Rationi – The law always intend
that which is in accordance with reason.
11. Presumption against ineffectiveness
It is presumed that the legislature intends to impart to its
enactments such a meaning as will render them operative and
effective, and courts will construe them as to carry out these
objects.
12. Presumption as to public policy and morality
It is presumed that the legislature have intended its enactment to
accord with the principles of sound public policy and the interests of
public morality and not to violate them
13. Presumption against irrepealable laws
It is presumed that the legislature had not intended its enactment to
be irrepealable or to divest the state of any portion of its sovereign
powers
14. Presumption as to jurisdiction of courts
It is presumed that the legislature by its enactment does not intend
to oust or restrict the jurisdiction of superior courts, or to vest a new
jurisdiction in them, unless there be express words or a necessary
implication to that effect
Not to encroach the jurisdiction of the courts – to interpret and
apply the law based on certain facts
15. Presumption regarding existing laws
It is presumed that the legislature, in drafting and enacting a statute,
had full knowledge and took cognizance of all existing laws ion the
same subject matter or relating thereto
It is presumed that the legislature knows all the laws of the land
16. Presumption against unnecessary change of laws
It is presumed that the legislature does not intend to make
unnecessary changes in the pre-existing body of law and the
construction of a statute should be such as to avoid any change in
the prior laws beyond what is necessary to effect the specific
purpose of the act in question
17. Presumption against implied repeal of laws
The presumption that the legislature does not intend to make
unnecessary changes in the law. It follows that there is also a
presumption against repeals by implication
18. Presumption in favor of exception to general language
It is presumed that the legislature intended exceptions to its general
language which would avoid injustice, oppression, or absurdity, if
literal interpretation were adopted
19. Presumption in favor of previous judicial construction
When statute is revised or re-enacted after it had received judicial
construction, it is presumed that the legislature intended that
construction to continue. It is the same with adopted statutes.
Some court decisions ended up as laws to strengthen the effect.