STATUTORY CONSTRUCTION

Professor: ASG Sarah Jane T. Fernandez

Source: Suarez, Rolando A. (2007). STATUTORY CONSTRUCTION. Quezon City: Rex Printing Company, Inc.

CHAPTER 1 -Doubtfulness, doubleness of meaning, indistinctness or

STATUTORY CONSTRUCTION, ITS CONCEPT, uncertainty of meaning of an expression used in a written
PURPOSE AND EFFECT instrument, or if it is in conflict with the constitution

Statutory Construction, Defined Structure of the Government (Presidential)

-The act or process of expounding the meaning and intention of *Principle of Separation of Powers for check & balance
the authors of the law with respect to its application in a given
case, where it is rendered doubtful, among others by reason of Legislative Power, Defined
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the fact that the given case is not explicitly provided in the law -Authority of Congress to make laws and to alter or repeal them

Statutory Construction, Purpose *Original -power from the sovereign people

-To give effect to the legislative intent (Supreme)
*Derivative -delegated to the legislative bodies
Interpretation, Defined (Subordinate)
-Meaning is found in the statute itself, through intrinsic aids
Judicial Power, Defined
Construction, Defined -Authority to settle justiciable controversies or disputes
-Intention is found outside the written language of the law, involving rights that are enforceable and demandable before
through extrinsic aids the court of justice or to redress wrongs for the violation of
such rights. (Traditional concept)
APPLY INTERPRET CONSTRUCT
If the law If there is ambiguity in If intent cannot be -And to determine whether or not there has been a grave
speaks in the language of the ascertained, resort abuse of discretion amounting to lack or excess of jurisdiction
clear and statute, ascertain the to extrinsic aids or on the part of any branch or instrumentality of the government
categorical legislative intent through those found (Expanded jurisdiction & authority)
language intrinsic aids or those outside the
found in the law itself language of the Duty of courts to interpret the law
law
If there are two possible interpretations, that which will achieve
*If the law is CLEAR and UNAMBIGUOUS, there is NO room for the ends desired by Congress should be adopted.
interpretation or construction. There is room for APPLICATION.
A judge cannot decline to render judgment by reason of silence,
CARDINAL RULES when the wording of the constitution obscurity or insufficiency of the laws
are subject to interpretation
Verba legis Words in the constitution should be In such cases, apply:
given their ordinary meaning except
where technical terms are 1. Customs not contrary to law, public order or policy
employed 2. Court decisions, foreign or local, in similar cases
Ratio et anima Words in the constitution should be 3. Legal opinions
interpreted in accordance with the 4. General principles of justice and equity
intent of its framers 5. Rules of statutory construction
Ut magis valeat The constitution should be
quam pereat interpreted as a whole, every part Nullum crimen, nulla poena sine lege
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given effect
Executive Power, Defined
Necessary to interpret or construct when-- -Power to enforce and administer laws, vested in the President
1. The language of statute is ambiguous, doubtful or obscure
when taken in relation to a set of facts “Residual Power”
2. Reasonable minds disagree as to the meaning of the -Power borne by the president’s duty to preserve and defend
language the constitution. It may be viewed also as a power implicit in
the president’s duty to take care that the laws are faithfully
Ambiguity, Defined executed.
-A condition of admitting two or more meanings, of being
understood in more than one way, or of referring to two or Three branches help in enforcing and interpreting the laws:
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more things at the same time
1. Law emanates from legislature
2. Executive department may modify or set aside judgment of
courts (through Pardon)
3. Legislature may amend or revoke decisions of the court
1 Caltex v. Palomar, 18 SCRA 247 (through amendment of old laws & enactment of new laws)
2 JMM v. NLRC, 228 SCRA 129
3 RCBC v. IAC, 320 SCRA 279
 CHAPTER 2 (b) Previous state of the law,
AIDS IN INTERPRETATION AND CONSTRUCTION (c) Evils sought to be remedied or corrected by the law, and
(d) Customs usages of the people
In determining the intention of the legislature, the courts may
use any of the following: 2. Policy
-general policy of the law or the settled policy of the state may
1. Intrinsic aids - elements found in the law itself enlighten the interpreter of the law as to the intention of the
2. Extrinsic aids - facts or matters not found in the law legislature in enacting the same
3. Presumptions - based on logical or established provision of
law 3. Legislative History of the Statute
-reports of legislative committees; transcript of stenographic
The established practice is to resort to intrinsic aids before notes; personal opinions are not appropriate aids of
resolving to extrinsic aids and before indulging in presumptions. construction, however, if there is unanimity among the
supporters and the oppositors, such may be used as evidence
I. Intrinsic Aids of the purpose of the act

1. Title 4. Contemporaneous and Practical Construction

-expresses the subject matter; not controlling and not entitled -those who lived at or near the time when the law was passed
to much weight were more acquainted of the conditions and the reasons why
the law was enacted
2. Preamble
-states the reasons or the objectives of the enactment; cannot 5. Executive Construction
enlarge or confer powers, or cure inherent defects in the -deserves great weight and should be respected if said
statute construction has been formed and observed for a long period
of time;
3. Words, Phrase and Sentences, Context
-language of the statute; taken from the general consideration -rules:
of the act as a whole (a) Congress is aware of the contemporaneous and practical
construction by the officers charged with the administration
4. Punctuations and enforcement of the law;
-an aid of low degree in interpreting the language of a statute (b) Courts should respect that contemporaneous construction
and can never control against the intelligible meaning of the except if it is clearly erroneous;
written word; it may be used as an additional argument for (c) More weight if it is rendered by the Chief Legal Adviser of
adopting the literal meaning of the words thus punctuated the government who can issue opinions to assist various
departments charged with the duty to administer the law;
5. Headings and Marginal Notes (d) Opinions, however, are subservient to the ruling of the
-the former is a prompter or heads up, while the latter is judiciary
contained in the drafts of the original bill stating interpretations
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of the legislature but if the meaning of the statute is clear or if 6. Legislative Construction
the text of the statute is clear, they will prevail as against such -entitled to consideration and great weight but it cannot
control as against the court’s prerogative to decide on what is
6. Legislative Definition and Interpretation the right or wrong interpretation
-former gives true meaning, while the latter tells how to
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approach the provision ; followed by the courts; 7. Judicial Construction
-followed only if it is reasonable, in harmony with justice and
-rules: public policy and consistent with the local law
(a) If the law provides such, the court must follow;
(b) In case of conflict between the two, legislative definition 8. Construction by the Bar and Legal Commentators
shall prevail; -meaning publicly given by the members of the legal profession
(c) The term is used throughout the statute in the same sense is a true one and regarded as one that should not be lightly
in which it is first defined; and changed; may be also consulted as they are oftentimes cited or
(d) Legislative definition of similar terms in other statutes may made as references in court decisions
be resorted except otherwise provided or limited.
III. Presumptions in Aids of Construction
II. Extrinsic Aids
Justified by the rules of logic, human experience, good sense
Extrinsic aids are entitled to respect, consideration and weight and by specific provision of law. However, there is no need to
but the courts are at liberty to decide whether they are apply said presumption if the legislative intent is clear.
applicable or not to the case brought to it for decision
1. Presumption of Validity
1. Contemporaneous Circumstances -presumed to be valid because the legislature is supposed to
-conditions existing at the time the law was enacted: have considered the question of its validity in approving it;
(a) History of the times and conditions, question of validity is first determined by the legislative
department of the government itself; the courts must assume
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the validity of the statute, and that it was fully considered by (a) Laws are repealed only by subsequent ones,
the legislature before it was adopted (b) A general law does not repeal a special law unless it is so
expressly provided, or they are incompatible
2. Presumption of Constitutionality
-presumption is always in favor of constitutionality; to doubt is 10. Presumption against Violation of Public Policy
to sustain; the courts are authorized to declare its validity, the -presumed that the legislature designs to favor and foster
judicial arm of the government is merely complying with its rather than to contravene, that public policy which is based
assigned task of seeing to it that the other departments have upon the principles of natural justice, good morals, and the
not exceeded their constitutional authority settled wisdom of the law as applied to the ordinary affairs of
life
3. Presumption of Good Faith
-presumed that the legislature had good motives in having 11. Presumption of Knowledge of Existing Laws
considered and adopted a particular law; that it acted from -the lawmaking body is presumed to have full knowledge of all
patriotic and just motives; that it acted with a desire to existing laws on the subject; the latter law cannot be held to
promote an intention to disregard the civil and political liberties have abrogated the former law, unless the repugnancy is clear,
of the people convincing and irreconcilable

4. Presumption against Injustice 12. Presumption of Acquiescence to Judicial Construction

-presumed that the lawmaking body intended right and justice -When the court has construed a statute in a particular manner,
to prevail; it is necessary so that it may tip the scales in favor of and the lawmaking body made no move to alter or amend the
right and justice when the law is doubtful or obscure. It will said statute, it is presumed that the legislature has acquiesced
strengthen the determination of the courts to avoid an in that interpretation
injustice, which may apparently be authorized by some way of
interpreting the law 13. Presumption of Jurisdiction
-A statute will not be construed in such a manner as to oust or
5. Presumption against Inconsistency restrict the jurisdiction of superior courts, or to vest a new
-the mind of the lawmaking body is presumed to be consistent; jurisdiction in them, unless there are express words or
in case of doubt, construction must make all the provision of necessary implication to that effect
the statute consistent with one another and with the entire act;
a word or phrase repeated in a statute will have the same 14. Presumption of Acting within the Scope of Authority
meaning throughout the statute, unless a different intention -it is presumed that the legislature acted within the scope of its
appears authority. Hence, if a statute admits of more than one
interpretation, one that places the statute outside of legislative
6. Presumption against Absurdity competence, and one that places the statute within the limits
-legislature does not intend that absurdity will flow from its of legislative competence, the court should adopt the later
enactment; whenever possible, a legal provision must not be interpretation
construed to be a useless surplasage, and accordingly
meaningless, in the sense of adding nothing to the law or 15. Presumption against Violation of International Law
having no effect whatsoever thereon -it is presumed that a statute is in conformity with the rules and
principles of international laws, or with treaties, in line with
7. Presumption against Ineffectiveness Section 2, Article II, of the 1987 Constitution.
-presumed that the lawmaking body does not intend to adopt
laws, which are unnecessary and ineffective; it intends to CHAPTER 3
impart to its enactments such meaning as will render them LAW, ITS CONCEPT & CLASSIFICATION
operative and effective;
Law, Defined
-where a law is susceptible of two constructions, rules: -Broad sense: Rule of action or norm of conduct applicable to
(a) One of which will uphold its validity must be adopted, all kinds of action and to all objects of creation
(b) That construction which tends to give effect to the object
for which the law was adopted shall prevail -Strict sense: A rule of conduct, just and obligatory, laid down
by legitimate authority for the common observance and benefit
8. Presumption against Irrepealable Laws
-presumed that the lawmaking body does not intend that its Classifications of law
law shall be irrepealable; the legislature cannot enact
irrepealable laws or limit its future legislative acts; the need of 1. Natural Law -divine inspiration in man, derives its force
today and the situation obtaining now will not most likely be and authority from God. Binding to the
the same in the years to come whole world

9. Presumption against Implied Repeals A. Physical Law -universal rule of action that governs the
-repeals by implication are not favored; Requirements for conduct and movement of things i.e law of
implied repeal to be considered: gravitation
(a) That the statutes touch the same subject matter, and
(b) The later statute is repugnant tot he earlier one B. Moral Law -establishes what is right and what is wrong
as dictated by human conscience
-rules to remember:

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C. Divine Law -divine positive law 10 commandments; As to application
divine human positive law, enacted by man
for their general welfare 1. Mandatory -non-compliance renders act void or illegal
2. Directory -non-compliance does not invalidate act
2. Positive Law
As to performance
A. Public Law -Constitutional Law, the fundamental law of
the land which defines the powers of the 1. Permanent -continues in performance until altered or
government; Administrative Law, fixes repealed
organization and its functions; International 2. Temporary -fixed for a specified period
Law, regulates the community of nations
As to scope
B. Private Law - Substantive, creates duties, rights; and
Procedural, means & methods in courts 1. General -applies to persons, entities, things as a
class omitting no one
Sources of Law: 2. Special -particular persons, entities, things
1. Legislation -Legislative body 3. Local -specific, within territorial limits

2. Precedent -judicial decisions applying or interpreting Others

the law shall form a part of the legal system
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of the Philippines 1. Prospective -operates after it takes effect
Retrospective -affects acts already committed before
3. Custom -have the force of law if acknowledged and effectivity
approved by society through long and 2. Repealing -revokes or terminates another statute
uninterrupted usage Amendatory -addition to the original law for
-requisites: improvement (modifies or qualifies)
(1) Proved as a fact, 3. Reference -refers to other statutes and make them
(2) Not contrary to law, applicable to the subject of the new
(3) Number of repeated acts uniformly legislation
performed, Declaratory -establishes its meaning & correct
(4) Judicial intention to make a rule of social construction
conduct, and
(5) Acknowledged and approved Other laws
-if vested with legislative power & not contrary to laws
4. Court decision -evidence of meaning and interpretations of
the law 1. Presidential Decrees, Executive & Administrative Orders,
Memorandum Orders or Circulars, General or Special Orders
Stare Decisis
-Once a case has been decided one way, then another case 2. Ordinances -legislative acts passed by a local
involving exactly the same question or point of law should be government unit, to provide for the health,
decided on the same manner safety, comfort, convenience, peace and
order, improve welfare and the protection
Statute, Defined of the public
-A written will of the legislature expressed according to the -effectivity: after lapse of 10 days from date
form necessary to constitute it a law of the state and rendered it was posted
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authentic by certain prescribed forms and solemnities
3. Resolution -not a law but a declaration of matters, day-
-Bills submitted to congress for consideration to-day, by a legislative body. May have an
effect of a law sometimes
Kinds of Statute:
Parts of Statute:
As to nature
Title -gives the general statement of the subject
1. Penal -imposes punishment of an offense matter
2. Remedial -remedy former laws, reform or extend
rights Preamble -states the reason for, or the objects of the
3. Substantive -creates, defines, regulates the rights and enactment
duties of parties Enacting Clause -indicates the authority which promulgates
4. Labor -welfare of laborers, governs employer- the enactment
employee relationship
5. Tax -exaction of money from the state to Body -contains the subject matter of the statute
achieve legislative or general objective and shall embrace only one subject

6 Civil Code,Art. 8
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Provisos -acting as a restraint upon or as Constitution
qualification of the generality of the Statute
language which it follows Ordinances

Interpretative Clause -legislature defines its own

language or prescribes rules for its CHAPTER 4
construction VALIDITY AND CONSTITUTIONALITY OF STATUTES

Repealing Clause -announces the legislative intent Requisites of judicial inquiry:

to terminate or revoke another
statute 1. There must be an actual case or controversy;
2. The question of constitutionality must be raised by the
Saving Clause -restricts a repealing act and proper party.
preserves existing powers, rights 3. The constitutional question must be raised at the earliest
and pending proceedings from possible opportunity; and
the effects of the repeal 4. The decision of the constitutional question must be
necessary to the determination of the case itself.
Separability Clause -if for any reason, any section or
provision is held to be Actual case or controversy
unconstitutional or invoked, the -It must be a concrete case that is real, one that admits of
other section or provision of the specific relief and definite determination of the legal rights of
law shall not be affected thereby. the parties
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Date of effectivity -when the law shall take effect  hypothetical, moot or academic

Note: Proper party

*TITLE must have only one subject to prevent hodge-podge or -One who has sustained or is in danger of sustaining an injury as
log-rolling legislation, to prevent surprise or fraud, and to fairly a result of the act complained of
apprise the people of the subject of legislation
Earliest possible opportunity
Hodge-Podge, Defined -General Rule: a constitutional question must be raised in the
-A mischievous legislative practice of embracing in one bill pleadings, otherwise, they cannot be considered during the trial
several distinct matters, none of which, perhaps, could singly
obtain the assent of the legislator, and then procuring its -Exceptions: -criminal case, at any time
passage by a combination of the minorities in favor of each of -civil case, at any stage
the measure into a majority that will adopt them all -any case, where there is no estoppel, at
any stage if it involves jurisdiction of court
-Objective: to unite the legislators who favour any one of the
subjects in support of the whole act. VOID Decision of the constitutional question is necessary to
determine the case itself (only when there are no other
Test of sufficiency of title: indicates in broad but CLEAR terms in available grounds which it can base its decision)
nature, scope and consequences of the proposed law and its
operation Effect of unconstitutional statute

In case of doubt as to the sufficiency of the title, the 1. Totally declared

presumption is in favor of the validity of the acts -First View, act is not a law, it confers no rights; imposes no
duties; affords no protection; creates no office; inoperative as
*PREAMBLE does not create right nor grant any right, not a though it has never been passed. Second View, void legislative
source of government power, not an essential part of a statute act, simply ignored
(Whereas)
Doctrine of Operative Fact
*BODY consists of only one subject, as long as the provisions -The actual existence of a statute prior to such determination of
are allied and germane to the subject constitutionality, is an operative fact and may have
consequences which cannot always be erased by a new judicial
*SEPARABILITY CLAUSE if so mutually dependent and declaration
connected, or intended as a whole, nullity of one part vitiates
the rest Orthodox View -when the courts declare a law to
be inconsistent with the
*DATE OF EFFECTIVITY publication in the Official Gazette, Constitution, the former shall be
,
condition for their effectivity except those interpretative void and the latter shall govern.
regulations and those internal in nature Constitution is supreme and
provides for the validity of
Hierarchy of Laws: legislative or executive acts.

8 Civil Code,Art. 2; Tañada v. Tuvera, 136 SCRA 27

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Second View -It does not strike the statute -statutes of contrary tenor are of equal theoretical application
from the statute books; it does to a particular case
not repeal, supersede, revoke, or
annul the statute SPECIAL PROVISIONS PREVAIL over the general provisions
(Generalia specialibus non derogant)
2. Partially declared -if possible to harmonize, rule shall not apply
-The valid portion, if separable from the invalid, may stand and
be enforced SPECIAL LAW PREVAIL over a general law
-except: when general law treats the subject in particular and
*Separable if it can stand independently as a separate statute. the special law refers to it in general; when the legislature
Presumed that the legislature would have enacted it by itself intended the general enactment to cover the whole subject and
to repeal all prior laws inconsistent therewith.
Cardinal rule that the legislature intended right and justice to
prevail (duty of courts to salvage the valid portions of a statute PARI MATERIA rule
from those declared illegal and unconstitutional, if possible) -all statutes relating to the same subject should be read and
construed together, or singularly, as if they constituted one law
Requisites for declaration of Partial Unconstitutionality: (presumption of knowledge of existing laws)
1. That the legislature is willing to retain the valid portion even
if the rest is declared illegal (Separability Clause); and *Qualifications: if enacted at different times and under
2. That the valid portions can stand independently as a separate different conditions and circumstances, their interpretation
statute should be in accordance with the circumstances or conditions
PECULIAR to each (Distingue tempra et concordibis jura); unless
CHAPTER 5 subsequent law evidently intended to repeal all prior laws on
GENERAL PRINCIPLES IN THE the matter
CONSTRUCTION OF STATUTES
*In case of doubt, doubt resolved against implied amendment
Must be read and construed AS A WHOLE (in its entirety) or repeal and in favor of harmonization of all laws on the
subject
*Intrinsic aids: Title, reflective of the subject matter; Preamble,
prelude, introduction, overview; Words phrases and sentences In interpreting REENACTED STATUTES, the court will FOLLOW
(Context and Punctuation), understand them according to how THE CONSTRUCTION WHICH SUCH STATUTE RECEIVED when
the legislature understands them, applied as a WHOLE; previously in force (presumed intention of adopting the
Headings and marginal notes, former is a prompter or heads construction and the language of the previous act)
up, while the latter is contained in the drafts of the original bill
stating interpretations of the legislature; Legislative definitions In the case of ADOPTED STATUTE, the interpretation of courts
and interpretation clauses, former gives true meaning, while of the state FROM WHICH IT IS ADOPTED should be considered
the latter tells how to approach the provision i.e Art. 4 of Labor (patterned after or copied)
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Code: Laws interpreted in favor of labor
In case of conflict between common law principle and
Legislative intent must be ascertained from the statute AS A STATUTORY PROVISION, the latter PREVAILS (Equity follows the
WHOLE law)

*Optima statuli interpretatix est ipsum statum (The best *Equity is justice outside legality. It applies only in the absence
interpreter of the statute is the statute itself) of and never against statutory law or judicial rules of
procedure. Equitable reasons will not control against any well-
*Duty of the court to find out the legislative intent and this can settled rule of law or public policy.
be done by construing the statute as a whole, by considering
one part of the statute in relation to the other parts, and by Implied repeals are NOT LEGALLY PRESUMED in the absence of
harmonizing all the provisions of the statute whenever a clear and unmistakable showing of such intentions
possible. Presumption that the purpose of the legislature is to
make every part of the statute effective CHAPTER 6
RULES OF CONSTRUCTION OF SPECIFIC STATUTES
Basis: Ut res magis quam pereat (Statute given effect as a
WHOLE and to each of the provisions in the statute) Strict Construction
-Exact, technical meaning with no extension; construction
Courts have the duty to RECONCILE or HARMONIZE the within its spirit
different provisions of the statute including the conflicting
provisions thereof (each provision in a statute is inserted for a Liberal Construction
definite reason) -Letter of the statute is enlarged, extended, expanded; resolves
all reasonable doubt in favor of the application of the accused
The statute of LATER DATE PREVAILS (presumed to be the latest
expression of legislative will on the subject) As to nature

1. PENAL
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-imposes punishment for an offense committed against the
State; command and prohibit certain acts and establish (b) MATERIALITY OF THE PROVISIONS
penalties for their violation
-interpreted against the State and liberally in favor of the (c) CONSEQUENCES
accused
(d) PENALTY
2. REMEDIAL
-correct an existing law, redress an existing grievance, or As to performance
introduce regulations conducive to the public good
-liberally construed because they were enacted by the 1. Permanent
legislature precisely to improve the law -continues in performance until altered or repealed

3. SUBSTANTIVE 2. Temporary
-establish rights and duties -fixed for a specified period
-what the law grants, the court cannot deny
-a judge must not rewrite a statute, neither to enlarge nor to As to scope
contract it; construction must eschew interpolation and
evisceration 1. General
-relates to persons, entities, things as a class omitting or
4. LABOR operates equally or alike upon all of a class, omitting no
-govern the rights and obligations of the employers and persons, entity, or thing belonging to a class (e.g The Family
employees Code)
-shall be resolved in favor of Labor
2. Special
5. TAX -relates to particular persons, entities, things of a class (e.g
-imposes rules and regulations, related to taxation or to Child and Youth Welfare Law)
creation of particular sources of revenues such as taxes, fees
and charges that are needed for the support of government 3. Local
and for all public needs -operation is confined within territorial limits other than that of
-construed most strongly against the government and in favor the whole state, or applies to any political subdivisions of the
of the subject or citizens, because burdens are not to be state less than the whole, or to property and persons of a
imposed; or strictly against the taxing power and liberally in limited portion of the state, or is directed to a specific locality
favor of the taxpayer or spot, as distinguished from a law which operates throughout
the state (e.g law granting autonomy in Southern Philippines)
Rules of construction applying to tax laws:
(a) The real purpose will prevail over the literal import of the Other statutes
words used
1. Statutes in derogation of rights
(b) The spirit, rather than the letter -they are generally strictly construed and rigidly confined to
cases clearly within their scope of purpose
(c) The history of the statute should be considered as an aid in
the ascertainment of the intention of the legislature 2. Statutes granting privileges
-those who invoke a special privilege granted by a statute must
(d) However, tax exemptions, are construed strictly against comply strictly with its provisions
taxpayers and in favor of the taxing power. Moreover,
exemptions cannot be claimed unless they are expressly 3. Naturalization laws
provided for in the law -these are strictly construed against the applicant because the
right of an alien to become a citizen by naturalization is merely
As to application a statutory right

1. MANDATORY 4. Statutes imposing taxes and custom duties

-those which contains words of command or of prohibition, and -generally they are construed strictly against the taxing power
non-compliance with the same renders the proceedings to and liberally in favor of the taxpayer. The scope of laws cannot
which it relates illegal and void be enlarged as to include matters not specifically pointed out

2. DIRECTORY 5. Statutes authorizing suits against the government

-those which are permissible or discretionary in nature and -A statute whereby the state gives its consent to be sued is
merely outline the act to be done in such a way that no injury strictly construed, and the waiver of immunity from suit, being
can result from ignoring it or that its purpose can be in derogation of sovereignty, will not be lightly inferred
accomplished in a manner other than that prescribed and
substantially the same result obtained 6. Statutes prescribing limitations on the taxing power of local
government units
Following tests to determine the mandatory or directory nature -they are strictly construed against the national government
of statutes: and liberally in favor of the local government units
(a) TERMINOLOGY

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7. Statutes imposing penalties for non-payment of tax 5. Reference
-They are liberally construed in favor of the government and -should be construed as to harmonize with, and, give effect to,
strictly observed and interpreted against the taxpayer the adopted statute

8. Election laws 6. Supplemental

-they should be construed liberally to give effect to the -they are intended to supply deficiencies in an existing statutes
expressed will of the electorate. Technicalities should not be and to add to, complete, or extend the statute without
allowed to prevail against the true will of the people changing or modifying its original text
-the original statute and the supplemental act should be
9. Adoption statutes construed together in its entirety
-they are liberally construed in favor of the child to be adopted
in order to promote the noble objectives of the law 7. Reenacted
-the courts will follow the construction, which the adopted
10. Amnesty proclamations statute previously received
-they should be construed liberally in favor of those who are
given amnesty 8. Adopted
-the construction given to them by the courts of the country
11. Veteran and pension laws from which they were taken will be considered by the courts.
-they should be liberally construed and administered in favor of Such construction, however, will not be conclusive to our courts
the persons intended to be benefited by such law in order to
achieve the humanitarian purpose of the law CHAPTER 7
LATIN MAXIMS: THEIR MEANING AND IMPORTANCE
12. General welfare legislations
-they are construed liberally in favor of those intended to be Application:
benefited -Used in interpreting statutes; Used by judges and justices in
their decisions to add elegance to their language and to give
13. Probation law emphasis to legal points therein discussed
-it should be liberally construed to achieve its objective, which
is to give another chance to first offenders to go back to normal Roman jurists is simple, clear, brief and precise
life
Applicable to Statutory Construction:
14. Laws on attachment
-they are liberally construed in order to assist the parties in Principle of PROSPECTIVE effect of law (not retroactive)
obtaining speedy justice Lex Prospicit, Non Respicit The law looks FORWARD, not
backward
15. Rules of court
Lex de Futuro, Judex de The law provides for the
-shall be liberally construed in order to promote their objective
Praterio FUTURE, the judge for the
and to assist the parties in obtaining just, speedy and
past
inexpensive determination of every action and proceeding

16. Statutes prescribing qualifications for an office Basis: Art. 4, New Civil Code “Laws shall have no retroactive
-statutes prescribing the qualifications of persons to a public effect, unless the contrary is provided”
office are, as a rule, regarded as mandatory
*All statutes are to be construed as having only a prospective
17. Election laws on qualification and disqualification operation unless the purpose and intention of the legislature to
-these are considered mandatory even after the elections give them retrospective effect is expressly declared or is
necessarily implied from the language i.e procedural laws
Other classifications
*In case of doubt, doubt resolved against retrospective effect
1. Prospective
-the law provides that “laws shall have no retroactive effect, Principle when the law is clear, duty of courts is TO APPLY it,
unless the contrary is provided” not to interpret it
Absolute Sentencia Expositore When the language of the
2. Retrospective Non Indiget law is clear, no explanation
-prohibition that “no ex pst facto law or bill of attainder shall be of it is required
enacted” Optime Statuti Interpretatix Est The best interpreter of the
Insum Statutum statute is the statute itself
3. Repealing
-the law provides that “laws are repealed only by subsequent
ones” and “laws are repealed either expressly or impliedly” Basis: Construction and interpretation come only after it has
however, implied repeals are not looked upon with favor been demonstrated that application is impossible or
10
inadequate with them
4. Amendatory
-should be construed in its entirety
10 People v. Mapa, L-22301
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Principle that it is not the letter of the law that killeth, it is the Excusat no one
SPIRIT OF THE LAW that giveth life
Ignorantia Facto Excusat Ignorance or mistake in point
Ratio Legis est Anima The reason of the law is its soul
of fact is an excuse
Ratio Legis Interpretation according to spirit
Cessante ratione cesat When the reason for the law Basis: Art. 3, New Civil Code “Ignorance of the law excuses no
Ipsa Lex ceases, the law ceases also to exist one from compliance therewith”

Principle that when the law does not distinguish, we should not
Spirit of the law prevails over letter of the law, by looking
beyond and not be bound by the language of the law. distinguish

Basis: Art. 10, New Civil Code “In case of doubt in the *Where the law does not distinguish, we should not distinguish
(Ubi lex non distinguit nea nos distiguere debemos)
interpretation or application of the laws, it is presumed that the
lawmaking body intended right and justice to prevail”
Basis: Art. 3, Sec. 1 of the Constitution “No person shall be
*It is dangerous to rely on the so-called spirit of the law which deprived of life, liberty or property without due process of law
nor shall any person be denied the equal protection of the law”
we cannot see nor handle and about which we do not know
11
very much
Related to subject of Statutory Construction:
Principle that what is not included in those enumerated are
DEEMED EXCLUDED MENS LEGISLATORES
-The court should give the statute a reasonable or liberal
*Express mention is implied exclusion (Expressio unius est construction which will best effect its purpose rather than one
which will defeat it
exclusio alterius) The enumeration of specified matters in a
statute is construed, as an exclusion of matters not enumerated
REDDENDO SINGULA SINGULIS (referring each to each)
unless a different intention appears
-Each word or phrase or clause must be referred to their proper
*NOT OF UNIVERSAL APPLICATION, NOR CONCLUSIVE connection in order to give it proper force and effect, rendering
none of them useless or superfluous.
Principle the SPECIAL PROVISIONS PREVAIL over general
provisions
CASSUS OMISSUS PRO OMISSO HABBENDUS EST
-A case omitted is to be held as intentionally omitted
*A general law does not nullify a specific or special law
(Generalia specialibus non derogant) presumption that the
-If a person, object or thing is omitted from an enumeration in
special act is to be considered as remarking an exception of the
general act, one as a general law of the land and the other as the statute, it must be held to have been intentionally omitted
the law of the particular case
*Duty of court NOT to insert in a statute that which has been
*Special law is later: it is exception to, or qualification of the omitted UNLESS NECESSARY to obviate repugnancy or
inconsistency, or where the omission was made through clerical
general act; General law is later: special law as remaining
exception to its terms UNLESS REPEALED expressly or by error, accident or inadvertence, or where it is necessary to
complete the sense of the statute
necessary implication
NOSCITUR A SOCIIS
Principle that while the LAW MAY BE HARD, it is the law that
will be followed -True meaning may be made clear and specific by considering
the company in which it is found or with which it is associated
*The law may be harsh but it is still the law (Dura lex sed lex) It
is the sworn duty of the judge to apply the law without fear or -Where a particular word or phrase is ambiguous in itself or is
equally susceptible of various meanings, its correct
favor
construction may be made clear and specific by considering the
company of the words in which it is found or with which it is
Principle that WITHOUT INTENT, there can be NO CRIME 12
associated
Cogitastionis Poenam nemo No man be punished for his
Emeret thought
EJUSDEM GENERIS
Actus Non Facit Reum Nisis The act itself does not make a -When a general term is followed by a particular term, then the
13
Mens Sit Rea man guilty unless his general will adapt to the particular term that follows
intentions were so
Actus Me Invito Factus Non An act done against my will is -When general words follow the designation of particular
Est Meus Actus not my act things, or classes of persons or subjects, the general words will
usually be construed to include only those persons or things of
the same class or general nature as those specifically
Principle that IGNORANCE OF THE LAW excuses no one but enumerated.
ignorance of the fact may be an excuse
Ignorantia Legis Neminem Ignorance of the law excuses
12 Oil & Natural Gas Commission v. CA, 293 SCRA 26
11 Villanueva v. Comelec, G.R. No 54718 13 Alcantara
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 CHAPTER 8 “AND/OR” -effect shall be given to both the
INTERPRETATION OF WORDS AND PHRASES conjunctive “and” and the disjunctive “or”
USED IN A STATUTE depending on which one will serve the
legislative intent
Interpretation:
-If the words and phrases used are defined in the statute itself, “SHALL” -imperative imposes a duty, which may be
such definition controls the meaning of the statutory word, enforced. Not absolute
irrespective of any other meaning the word or phrase may have
in its ordinary or usual sense “MAY” -permissive, operates to confer jurisdiction
-If not, it should be interpreted in accordance with its well-
accepted meaning and they should be construed in the light of Due Process of Law, Requirements
the context of the whole statute
Substantive
Not conclusive, if: -provision against oppressive & arbitrary laws
-such definition creates obvious incongruities; -guarantee that life, liberty and property shall not be taken
-it contravenes the major purpose of the statute; and away from anyone without due process of law
-it becomes illogical as a result of a change in the factual basis
Requisites of Substantive Due Process:
Rules that govern:
-The must be a valid law upon which it is based;
1. When a word used in a statute has a general meaning -The law must have been passed or approved to accomplish a
valid governmental objective;
*The general word should not be given a restricted meaning -The objective must be pursued in a lawful manner; and
unless it is otherwise indicated -The law as well as the means to accomplish the objective must
be valid and not oppressive
Basis: Generally mentioned shall be generally understood
(Generalia verba sun generaliter intelligencia) Procedural
-law which hears before it condemns
2. When the word used has a technical meaning -guarantee to obtain a fair trial in a court
-regular methods of procedure to be observed before one’s life,
*Used in their technical sense liberty or property can be taken away from him
-judicial and administrative proceedings
3. When the word used has no meaning in harmony with the Requisites of Procedural Due Process in Judicial Proceedings:
legislative intent (they can be treated as surplasage and they
may be entirely ignored) -There must be an impartial court to hear and determine the
matter;
*Before resorting to this, the courts should construe the statute -Jurisdiction must be lawfully acquired over the person of the
in its entirety and find out if the words used can still admit a defendant and over the property which is the subject,
reasonable construction which will give them force and -Defendant given opportunity to be heard, and
meaning -Judgment rendered upon lawful hearing

4. When the word or phrase is repeatedly used in a statute Requisites of Procedural Due Process in Administrative
(shall bear the same meaning all throughout the statute) Proceedings:

Particular words and phrases: -Right to a hearing

-Consider the evidence presented
1. “OR” and “AND” -Decision must have something to support itself
2. “AND/OR” -Substantial evidence
3. “SHALL” and “MAY” -Decision rendered on the evidence presented
4. “ALL”, “EVERY” (and) and “ANY” (or) -Independent consideration
(In its universal/ comprehensive sense)
5. “AND SO FORTH”, “AND THE LIKE” Court’s power to construe statutes arises ONLY if the statute is
(Refers to those similar to what is enumerated) not clear. A statute, which is clear and free from ambiguity,
6. “CANNOT”, “SHALL NOT” need not be interpreted by the courts.
(Mandatory and prohibitive effect)
7. “THE FOLLOWING MAY”, “THE FOLLOWING SHALL” Basis: DURA LEX SED LEX; ABSOLUTE SENTENCIA EXPOSIORE
NON INDIGET
“OR” -a disjunctive term which indicates an
alternative (members of a sentence are to In construing a statute, Court CAN DO:
be taken separately)
-Ascertain true intent
“AND” -a conjunctive term (members of a sentence -Resort to all legitimate aids to construction
are to be taken jointly) -Depart from the language of the statute if by so doing, the
legislative purpose could be carried out

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-Correct clerical errors, mistakes or misprints, which, if not
corrected, would render the statute meaningless
-Issue guidelines in applying the statute in order to delineate
what the law requires

In construing a statute, Court CANNOT DO:

-Speculate as to the intent of the law

-Supply meaning not found in the phraseology of the law
-Assume purpose, which is not expressed
-Change the meaning of the law, especially if the meaning will
defeat the purpose
-Rewrite the law and invade the domain of the legislature
-Interpret into the law a requirement, which the law does not
prescribe
-Enlarge the scope of the statute

Statute is not capable of interpretation and construction:

-becomes INOPERATIVE

Supreme Court, Abandon and overrule its earlier decision:

-If it is right and proper to do so but the new decision modifying
or overruling a doctrine or principle should only be applied
PROSPECTIVELY, and should not apply to parties who had relied
on the doctrine and acted on the faith thereof

Lower Courts, If SC decision is not correct:

-Unless and until that decision of the Supreme Court is reversed
by itself, sitting en banc, it shall be binding not only upon the
inferior courts but also upon all branches of the government.

Basis: Art. 8, New Civil Code “Judicial decision applying or

interpreting the laws or the Constitution shall form a part of the
legal system of the Philippines”

11 | P LATON