Based On The Book, Statutory Construction by Ruben E. Agpalo
Based On The Book, Statutory Construction by Ruben E. Agpalo
Legislative Intent: The essence of the The legislature has no power to overrule
law. The intent of the legislature is the the interpretation or construction of a
law, and the key to, and the controlling statute or the Constitution by the
factor in, its construction and Supreme Court, for interpretation is a
interpretation. judicial function assigned to the latter by
the fundamental law.
The primary source of legislative intent is
the statute itself. The SC may, in an appropriate case,
change or overrule its previous
Where the words or phrases of a construction.
statute are not obscure or
ambiguous, its meaning and the A condition sine qua non before the
intention of the legislature must be court may construe or interpret a
determined from the language statute, is that there be doubt or
employed. ambiguity in its language. The
province of construction lies wholly
Legislative Purpose: The reason why a within the domain of ambiguity.
particular statute was enacted by the Where there is no ambiguity in the
legislature. words of a statute, there is no room
for construction.
Legislative Meaning: What the law, by
its language, means: what it A statute is ambiguous when it is capable
comprehends, what it covers or of being understood by reasonably well-
embraces, what it limits or confines. informed persons in either of two senses.
1
Where the law is free from ambiguity, the The title may indicate the legislative
court may not introduce exceptions or extent or restrict the scope of the law,
conditions where none is provided. and a statute couched in a language of
doubtful import will be construed to
A meaning that does not appear nor is conform to the legislative intent as
intended or reflected in the very language disclosed in its title.
of the statute cannot be placed therein be
construction. When the text of the statute is clear and
free form doubt, it is improper to resort to
Where the two statutes that apply to a its title to make it obscure.
particular case, that which was
specifically designed for the said case Preamble
must prevail over the other.
That part of the statute written
When the SC has laid down a principle of immediately after its title, which states
law as applicable to a certain state of the purpose, reason or justification for the
facts, it will adhere to that principle and enactment of a law. It is usually
apply it to all future cases where the facts expressed in the form of whereas
are substantially the same. clauses.
Judicial rulings have no retroactive effect. It is not an essential part of the statute.
But it may, when the statute is
The court may issue guidelines in ambiguous, be resorted to clarify the
applying the statute, not to enlarge or ambiguity, as a key to open the minds of
restrict it but to clearly delineate what the the lawmakers as to the purpose of the
law requires. This is not judicial legislation statute.
but an act to define what the law is.
Context of the whole text
Limitations on power to construe
The best source from which to ascertain
Courts may not enlarge nor restrict the legislative intent is the statute itself
statutes. the words, the phrases, the sentences,
Courts may not be influenced by sections, clauses, provisions taken as a
questions of wisdom. whole and in relation to one another.
Punctuation marks
AIDS TO CONSTRUCTION: To ascertain Punctuation marks are aids of low degree;
the true intent of the statute, the court they are not parts of the statute nor the
may avail of intrinsic aids, or those found English language.
in the printed page of the statute,
and extrinsic aids, those extraneous facts Where there is, however, an ambiguity in
and circumstances outside the printed a statute which may be partially or wholly
page. solved by a punctuation mark, it may be
considered in the construction of a
Title statute.
2
Capitalization of letters The purpose or object of the law or the
mischief intended to be suppressed are
An aid of low degree in the construction important factors to be considered in its
of statutes. construction.
Headnotes or epigraphs Dictionaries
These are convenient index to the While definitions given by lexicographers
contents of the provisions of a statute; are not binding, courts have adopted, in
they may be consulted in case of doubt in proper cases, such definitions to support
interpretation. their conclusion as to the meaning of the
They are not entitled to much weight. particular words used in a statute.
3
A short exposition of explanation The amendment statute should be given
accompanying a proposed legislation by a construction different from that
its author or proponent. It contains previous to its amendment.
statements of the reason or purpose of
the bill, as well as arguments advanced
by its author in urging its passage.
Prior laws from which the statute is based Conditions at the time of the enactment
Legislative history will clarify the intent of It is proper, in the interpretation of a
the law or shed light on the meaning and statute, to consider the physical
scope of the codified or revised statute. conditions of the country and the
circumstances then obtaining which must
of necessity affect its operation in order
Change in phraseology by amendments to understand the intent of the statute.
4
Interpretation handed down in an
adversary proceeding in the form of a
CONTEMPORARY CONSTRUCTION ruling by an executive officer exercising
The constructions placed upon statutes at quasi-judicial power
the time of, or after, their enactment by Such rulings need not have the
the executive, legislature or judicial detachment of a judicial, or semi-judicial
authorities, as well as those who, because decision, and may properly carry basis.
of their involvement in the process of
legislation, are knowledgeable of the
intent and purpose of the law, such as
draftsmen and bill sponsors. The contemporaneous construction
is very probably the true expression
The contemporary construction is the of the legislative purpose, especially
strongest in law. if the construction is followed for a
considerable period of time. It is
thus entitled to great weight and
Construction by an executive or respect by the courts in the
administrative officer directly called to interpretation of the ambiguous
implement the law provisions of law, and unless it is
shown to be clearly erroneous, it will
May be express interpretation embodied control the interpretation of statutes
in a circular, directive or regulation. by the courts.
In the form of opinions issued upon Respect is due the government agency or
request of administrative or executive officials charged with the implementation
officials who enforce the law. of the law for their competence,
expertness, experience and informed
President or Executive Secretary has the judgment, and the fact that they are
power to modify or alter or reverse the frequently the drafters of the law they
construction given by a department interpret.
secretary.
5
The court may disregard The most common act of legislative
contemporaneous construction when approval; the reenactment of a statute,
there is no ambiguity in the law, previously given a contemporaneous
where the construction is clearly construction, is a persuasive indication of
erroneous, where strong reason to the adaptation by the legislature of the
the contrary exists, and where the prior construction.
court has previously given the
statute a different interpretation.
6
If a statute is clear, plain and free from interpretation of particular language of a
ambiguity, it must be given its literal statute.
meaning and applied without attempted
interpretation. Verba legis non est Words ought to be more subservient to
recedendum, from the words of a statute the intent and not the intent to the words.
there should be no departure. Construction to accomplish purpose
DEPARTURE FROM LITERAL Reason for the law is the heart of the law.
INTERPRETATION When the reason of the law ceases, the
law itself ceases. The reason of the law is
Statutes must be capable of construction its soul.
or interpretation. If no judicial certainty
can be had as to its meaning, the court is
not at liberty to supply nor to make one.
Supplying legislative omission
7
court believes will best promote the
public welfare in its probable operation.
Construction to avoid absurdity
8
Law does not require the impossible performance of the other is also
conferred.
The law obliges no one to perform an
impossible thing.
9
It will not apply when its enforcement or What the law prohibits cannot, in some
application will violate an avowed other way, be legally accomplished.
fundamental policy or public interest
10