STATUTORY CONSTRUCTION

CHAPTER I
PRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction – the art or process of discovering and expounding the

meaning and intention of the authors of the law with respect to its application
to a given case, where that intention is rendered doubtful, among others, by
reason of the fact that the given case is not explicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking the

intention of the legislature in enacting a statute and applying it to a given state
of facts.

A judicial function is required when a statute is invoked and different

interpretations are in contention.

Difference between judicial legislation and statutory construction:

Where legislature attempts 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 the act, and its
excision changes the manifest intent of the act by broadening its scope to
include subject matter or territory which was not included therein as enacted,
such excision is “judicial legislation” 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:

 Legislative power is vested in the Congress of the Philippines – the Senate

and the House of the Representatives
 Executive power is vested in the President of the Republic of the 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 law

Simply stated, the situs of construction and interpretation of written laws

belong to the judicial department.

It is the duty of the Courts of Justice to settle actual controversies involving

rights which are legally demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion 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.

DUTY OF THE COURTS TO CONSTRUE AND INTERPRET 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 find different meanings in a statute,

document, etc.

A statute is ambiguous if it is admissible of two or more possible meanings.

If the law is clear and unequivocal, the Court has no other alternative but to
apply the law and not to interpret.

Construction and interpretation of law come only after it has been

demonstrated that application is impossible or inadequate without them.
DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION

Hermeneutics – the science or art of construction and interpretation.

Legal hermeneutics – is the systematic body of rules which are 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. Close interpretation – adopted if just reasons connected with the character

and formation of the text induce as to take the words in the narrowest
meaning. This is generally known as “literal” interpretation.
2. Extensive interpretation – also called as liberal interpretation, it adopts a
more comprehensive signification of the words.
3. Extravagant interpretation – substitutes a meaning evidently beyond the
true one. It is therefore not genuine interpretation.
4. Free or unrestricted interpretation – proceeds simply on he general
principles of interpretation in good faith, not bound by any specific or
superior principle.
5. Limited or restricted interpretation - influenced by other principles than the
strictly hermeneutic ones.
6. Predestined interpretation – takes place when the interpreter, laboring
under a strong bias of mind, makes the text subservient to his preconceived
views and desires.

SUBJECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are the 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 the

government.

A statute starts with a bill.

Bill – is the draft of a proposed law from the time of its introduction in a
legislative body through all the various stages in both houses. It is enacted
into law by a vote of the legislative body. An “Act” is the appropriate term for it
after it has been acted on and passed by the 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 the word “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 constitutional requirements
explicit both in the 1973 Constitution and the 1987 Constitution.

Passage of a bill in a parliamentary system (unicameral assembly):

a. A member of the National Assembly may introduce the proposed bill to the
Secretary of the National Assembly who will calendar the same for the first
reading.
b. In the first reading, the bill is read by its number and title only.
c. After the first reading, the bill is referred by the Speaker to the appropriate
committee for study. At this stage, the appropriate committee will conduct
public hearings. Then after the public 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 the committee, the bill is returned to the 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 where
members of the assembly may propose amendments and insertions to the
proposed bill.
g. After the approval of the bill in its second reading and at least three (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. The bill is then calendared for the third and final reading. At this stage, no
amendment shall be allowed. Only the title of the bill is read and the
National Assembly will then vote on the bill. Under the present 1987b
Constitution, after the third and final 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 submitted to the Prime Minister
(President) for approval. If he disapproves, he shall veto it and return the
same with his objections to the National Assembly (House where it
originated), and if approved by two-thirds of all its members, shall become a
law. Under the present set-up, if the 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. Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof. The purposes of this constitutional
requirements are:
 To prevent hodge-podge or log-rolling legislation;
 To prevent surprise or fraud upon the legislature; and
 To fairly apprise the people, through such publications of 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 passed three
readings on separate days, and printed copies thereof in its final form have
been distributed to each member three days before its passage.
3. Every bill passed by the Congress shall, before it becomes a law, be
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 which
the act is individually known. It is usually prefixed to the 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 – the main and operative part of the statute containing its substantive
and even procedural provisions. Provisos and exceptions may also be
found.
e. Repealing Clause - announces the prior statutes or specific 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 – provides that in the event that one or more
provisions or unconstitutional, the remaining provisions shall still be in
force.
h. Effectivity Clause – announces the effective date of the law.

KINDS OF STATUTES

1. General Law – affects the community at large. That which affects all people
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 classification of law, consisting generally of

constitutional, administrative, criminal, and international law, concerned
with the organization of the state, the relations between the state and the
people who compose it, the responsibilities of public officers of the state, to
each other, and to private persons, and the relations of state to one another.
Public law may be general, local or special law.

5. Private Law – defines, regulates, enforces and administers relationships

among individuals, associations and corporations.
6. Remedial Statute – providing means or method whereby causes of action
may be affectuated, 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 in order to
correct errors and irregularities and to render valid and effective 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 affect acts or facts occurring, or rights occurring, before it came
into force.

11.Affirmative Statute – directs the doing of an act, or declares what shall be

done in contrast to a negative statute which is one that 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 persons fair notice of 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 law 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 to

irreconcilable with those of the earlier law that only one of the two statutes can
stand in force.

The repeal of a penal law deprives the court of jurisdiction to punish 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 earlier one and is 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.
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A
STATUTE

Local councils exercise only delegated legislative powers conferred on 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 AND
INTERPRETATION OF LAWS

LEGISLATIVE INTENT

The object of all interpretation and construction of statutes is to ascertain the

meaning and intention of the legislature, to the end that the same may be
enforced.

Legislative intent is determined principally from the language of the statute.

VERBA LEGIS

If the language of the statute is plain and free from ambiguity, and express a
single, definite, and sensible meaning, that meaning is 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 be

ascertained from a consideration of the statute as a whole and not merely of a
particular provision. A word or phrase might easily convey a meaning which is
different from the one actually intended.

A statute should be construed as a whole because it is not to be 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

When a statute makes specific provisions in regard to several 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, and apply it
to all future cases, where facts are substantially the same, regardless of
whether the parties and properties are the same.

Stare Decisis. Follow past precedents and do not disturb what has been
settled. Matters already decided on the merits cannot be relitigated 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 OF WORDS
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 except something
unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS

General terms in a statute are to receive a general construction, unless

retrained by the context or by plain inferences from the scope and 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 general

signification by the consideration that the reason of the law is general.
GENERAL TERMS FOLLOWING SPECIAL TERMS (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 specific
meaning, such general words are not to be construed in their widest extent,
but are to be held as applying only to persons or things of the same general
kind or class as those specifically mentioned. But this rule must be discarded
where the legislative intention is plain to the contrary.

This rule is commonly called the “ejusdem generis” rule, because it 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 exclusion of 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 while those affirmative are
mere directory.

The word “shall” emphasizes mandatory character and means imperative,

operating to impose a duty which may be enforced.
THE USE OF THE WORD “MAY” AND “SHALL” IN THE STATUTE

Use of the word “may” in the statute generally connotes a permissible thing,
and operates to confer discretion while the word “shall” is imperative, operating
to impose a duty which may be enforced.

The term “shall” may be either as mandatory or directory depending upon a

consideration of the entire provision in which it is found, its 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 and 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 has already been
said, and in such cases, means “in other words,” “to wit,” or “that is to say.”

COMPUTATION OF TIME

When the laws speak of years, months, days or nights, it shall be understood
that years are of three hundred sixty five days each; months of thirty days;
days of twenty –four hours; and nights from sunset to 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 first 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 office of which is either
to except something from the enacting clause, or to qualify or restrain its
generality, or to exclude some possible ground of misinterpretation of its
extent.

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

 CHAPTER V
PRESUMPTIONS IN AID OF CONSTRUCTION AND
INTERPRETATION

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 may be necessary to
effectuate the specific purpose of the act in question.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullification of law, there must be

a clear and unequivocal breach of the constitution.

The theory is that, as the joint act of the legislative and executive authorities, a
law is supposed to have been carefully studied and 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 as 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 finding thereof must
surface, before the inference of implied repeal may be drawn.
In the absence of an express repeal, a subsequent law cannot be 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 the assumption
that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give effect 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 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. II, Sec. 2, Phil. Constitution).
 CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

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 AND
INTERPRETATION

EXTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the four
corners of the statute. If there is any doubt as to the meaning of the 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 the
statute; opinions and rulings of officials of the government called upon to
execute or implement administrative laws; contemporaneous construction by
executive officers; 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 recommendations of

legislative committees; public policy; judicial construction; and construction by
the bar.
 CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

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 to intrinsic aids, one must go back to the parts of the statute.

THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID IN

DETERMINING 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 AND
INTERPRETATION

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 officials of the government called upon to
execute or implement administrative laws;
 Contemporaneous construction by executive officers 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 may

examine both the printed pages of the published Act as well as 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.

Individual statements by members of Congress on the floor do not 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 AND
INTERPRETATION 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 meaning of the 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 liberally 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.

Liberal interpretation or construction of the law or rules, however, applies only

in proper cases and under justifiable causes and circumstances. While it is
true that litigation is not a game of technicalities, it is equally true that every
case must be prosecuted in accordance with the prescribed procedure to insure
an orderly and speedy administration of justice.

PENAL STATUTES

Penal laws are to be construed strictly against the state and in favor of the
accused. Hence, in the interpretation of a penal statute, the 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 reasonable but contradictory

constructions, that which operates in favor of a party 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.

Accordingly, in case of doubt, tax statutes must be construed strictly against

the government and liberally in favor of the taxpayer, for taxes, being burdens,
are not to be presumed beyond what the applicable 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 of the 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

Doubts in the interpretation of Workmen’s Compensation and Labor Code

should be resolved in favor of the worker. It should be liberally construed to
attain their laudable objective, i.e., to give relief to the 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 beneficiaries 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 officer may not be defeated by
mere technical objections.

RULES OF COURT

Rule of court shall be liberally construed in order to promote their objective of

securing a just, speedy and inexpensive disposition of every action and
proceeding.
 CHAPTER IX
PROSPECTIVE AND RETROSPECTIVE STATUTES

GENERAL PRINCIPLES

Prospective statute – is a statute which operates upon acts and 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 vested

rights acquired under existing laws, or creates new obligations and imposes
new duties, or attaches new disabilities in respect of transaction already past.

A sound canon of statutory construction is that statutes operate prospectively

only and never retrospectively, unless the legislative intent to the 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. Felonies and misdemeanors

are punished under the laws in force at the time of their commission. (Art.
366, RPC).

However, as an exception, it can be given retroactive effect if it is 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 as applicable

to actions pending and undermined at the time of their 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 and
administrative proceedings, and which are designed to give effect to 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, conflicting 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 is to

be interpreted with reference to other acts relating to the same matter or
subject.

However, if statutes of equal theoritical 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

Sometimes we find statutes treating a subject in general terms and another

treating a part of the same subject in particularly detailed manner.

If both statutes are irreconcilable, the general statute must give way to the
special or particular provisions as an exception to the general provisions.

This is so even if the general statute is later enactment of the legislature and
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 conflict an ordinance and a statute, the ordinance must give way.

It is a well-settled rule that a substantive law cannot be amended by a

procedural law.
A general law cannot repeal a special law.

In case of conflict between a general provision of a special law and a particular

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.

The enactment of a later legislation which is general law cannot be 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, the
latter interpretation should be adopted.

In case of conflict between an administrative order and the provisions of the

Constitutions, the latter prevails.
 CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THE
CONSTITUTION

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.

Non-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 STRICT
INTERPRETATION

Guidelines in construction and interpretation of the constitution are stressed:

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-BORN

CITIZENS OF THE PHILIPPINES GIVEN RETROACTIVE EFFECT

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 ONE SUBJECT

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 1987
CONSTITUION IS NOT GOVERNED BY ANY FORMAL
REQUIREMENT AS TO FORM. IT CAN BE ORAL. IT CAN BE
WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED.

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 constituitonal 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…
 ADDITIONAL INFORMATION

Construction
the act of a lawyer or court in interpreting and giving meaning to a statute or the
language of a document such as a contract or will when there is some ambiguity or
question about its meaning. In constitutional law, there is a distinction between
liberal construction (broad construction) and strict construction (narrow
construction.) Liberal construction adds modern and societal meanings to the
language, while strict construction adheres closely to the language without
interpretation.

REPETITION
The act by which a person demands and seeks to recover what he has paid by
mistake, or delivered on a condition which has not been performed. The name of
an action which lies to recover the payment which has been made by mistake,
when nothing was due.

Repetition is never admitted in relation to natural obligations which have been

voluntarily acquitted, if the debtor had capacity to give his consent. The same rule
obtains in our law. A person who has voluntarily acquitted a natural or even a
moral obligation, cannot recover back the money by an action for money had and
received, or any other form of action.In order to entitle the payer to recover back
money paid by mistake it must have been paid by him to a person to whom he did
not owe it, for otherwise he cannot recover it back, the creditor having in such case
the just right to retain the money.

How far money paid under a mistake of law is liable to repetition, has been
discussed by civilians, and opinions on this subject are divided.

Ambiguity
Uncertainty or doubtfulness of the meaning of language.
When language is capable of being understood in more than one way by a reasonable p
erson, ambiguity exists. It is not theuse of peculiar words or of common words used in a
peculiar sense. Words are ambiguous when their significance is unclearto persons with
competent knowledge and skill to understand them.
There are two categories of ambiguity: latent and patent. Latent ambiguity exists when t
he language used is clear andintelligible so that it suggests one meaning but some extri
nsic fact or evidence creates a need for interpretation or a choiceamong two or more po
ssible meanings. In a classic case, Raffles v. Wichelhaus, 159 Eng. Rep. 375 (Ex. 1864
), a contractwas made to sell 125 bales of cotton that were to arrive on a ship called Pe
erless that sailed from Bombay, India. Unknownto the parties to the contract, two ships
of the same name were to arrive from the same port during different months of thesame
year. This extraneous fact necessitated the interpretation of an otherwise clear and defi
nite term of the contract. Insuch cases, extrinsic or Parol
Evidence may be admitted to explain what was meant or to identify the property referre
d to inthe writing.
A patent ambiguity is one that appears on the face of a document or writing because un
certain or obscure language hasbeen used.
In the law of contracts, ambiguity means more than that the language has more than on
e meaning upon which reasonablepersons could differ. It means that after a court has a
pplied rules of interpretation, such as the PLAIN MEANING, course ofdealing, Course of
Performance, or TradeUsage rules to the unclear terms, the court still cannot say with
certainty whatmeaning was intended by the parties to the contract. When this occurs, th
e court will admit as evidence extraneous proof ofprior or contemporaneous agreements
to determine the meaning of the ambiguous language. Parol evidence may be used toe
xplain the meaning of a writing as long as its use does not vary the terms of the writing.
If there is no such evidence, thecourt may hear evidence of the subjective intention or u
nderstanding of the parties to clarify the ambiguity.
Sometimes, courts decide the meaning of ambiguous language on the basis of who was
responsible or at fault for theambiguity. When only one party knew or should have kno
wn of the ambiguity, the unsuspecting party's subjective knowledgeof the meaning will c
ontrol. If both parties knew or should have known of the uncertainty, the court will look t
o the subjectiveunderstanding of both. The ambiguity no longer exists if the parties agre
e upon its meaning. If the parties disagree and theambiguous provisions are material, n
o contract is formed because of lack of mutual assent.
Courts frequently interpret an ambiguous contract term against the interests of the party
who prepared the contract andcreated the ambiguity. This is common in cases of adhe
sion contracts and insurance contracts. A drafter of a documentshould not benefit at the
expense of an innocent party because the drafter was careless in drafting the agreeme
nt.
INTENTION VS. PURPOSE

Intention is a focus of attention on making something happen.

Purpose is the goal that someone wants to achieve, or that something
is intended to achieve

Exegesis (/ˌɛksɪˈdʒiːsɪs/; from the Greek ἐξήγησις from ἐξηγεῖσθαι, "to lead
out") is a critical explanation or interpretation of a text