CHAPTER 7

Strict or Liberal Construction - A statute may not be liberally construed to read

into it something which its clear and plain
Considerations in constructing statutes: language rejects
-The ​nature​ of the statute
-The ​purpose ​to be subserved CONSTRUCTION TO PROMOTE JUSTICE
-The mischief to be ​remedied - Addressed to the three branches of
government:
STRICT CONSTRUCTION - Legislative, Executive and Judicial
-Construction according to the​ exact meaning of - Social justice in Constitution is vital,
the letter of the statute articulate, compelling principle of
-does not recognize anything not expressed in the public policy
letter of the statute so as to enlarge the meaning - Intended to change the spirit of laws,
by implication, intendment, or equitable present and future.
consideration beyond the literal meaning of its CONSTRUCTION CONSIDERING GENERAL
terms. WELFARE OR GROWTH OF CIVILIZATION
-It does not mean giving a statute its ​narrowest - Liberally construed so as to cater the
meaning ​nor shall be ​so restricted​ as to not growth of civilization and varying
have its full meaning conditions ; always attends to the best
interest of people
LIBERAL CONSTRUCTION Salus populi est suprema lex - ​the wealth
-Construction which expands the meaning of a of the people should be the supreme law
statute through fair and reasonable interpretation
to meet cases which are ​clearly within the spirit STATUTES STRICTLY CONSTRUED
or reason thereof or within the evil which the
statute intended to remedy, or within the statute’s PENAL STATUTES
most comprehensive, generally accepted
meaning, ​without being inconsistent with its - Define crimes, treat their nature and
language or doing violence to any of its terms. provide punishment
- Not to mean enlargement of a provision which is
clear, unambiguous and free from doubt ● Generally, penal laws must be construed
-Only applied when the statute is ​ambiguous ​and strictly.
adopting the ​literal meaning would defeat the - cannot be enlarged or extended by any
purpose of the statute equitable consideration to protect public
-​Ut res magis valeat quam pereat - a​ pply liberal security
interpretation so as to save statute from
obliteration ● Strictly construed against the State and
liberally construed in favor of the accused
“Courts must not bring cases within the
Liberal Construction Judicial Legislation
provision of the law which are not clearly
Act of expanding the Act of court in embraced by it.”
meaning of an engrafting upon a law -The law is tender in favor of the rights of
ambiguous statute something which it an individual
through fair and believes ought to have -to strictly interpret penal laws against
reasonable been embraced accused is to violate his presumed
interpretation so as to therein. innocence granted by his constitutional
carry out its intent rights
-Where there is reasonable doubt - must
Legitimate exercise of Forbidden by principle be resolved in favor of accused
judicial power of Separation of
Powers
ACTS MALA IN SE AND MALA PROHIBITA
● Mala in se - acts or omissions which are Peo v. Gatchalian
wrong or evil in its nature · A statute requires that an
- Generally, felonies defined in the RPC employer shall pay a minimum wage of not
- But when the acts complained of are less than a specified amount and punishes
inherently immoral,​ they are deemed any person who willfully violates any of its
mala in se, even if they are punished by a provisions
special law. (Garcia vs. CA) · The fact that the nonpayment of
the minimum wage is not specifically
● Mala Prohibita - acts or omissions which declared unlawful, does not mean that an
are not inherently evil but punishable only employer who pays his employees less
because they are prohibited by laws. than the prescribed minimum wage is not
- Generally defined and penalized under criminally liable, for the nonpayment of
special laws minimum wage is the very act sought to be
enjoined by the law

-The court should consider the spirit and reason of

General Rule: penal statute will not be construed a statute where a literal meaning would lead to
to make the commission of certain acts criminal absurdity, contradiction, injustice, or would defeat
without regard to the intent of the doer. the clear purpose of the law.
Exception: there is a clear legislative intent to the
contrary.
STATUTES IN DEROGATION OF RIGHTS
ACTUS NON FACIT REUM NISI MENS SIT REA - generally strictly construed and rigidly confined
-“ The acts itself does not make a man to cases clearly within their scope or purpose
guilty unless his intention were so.”
ratio: to allow full enjoyment of such fundamental
ACTUS ME INVITO FACTUS NON EST MEUS rights (Provincial Association of
ACTUS Laguna,Nacionalista Party v.COMELEC)
-“An act done by me against my will is not examples:
my act.” ​ right to association ( Provincial
Association of Laguna,Nacionalista
LIMITATION OF RULE Party v COMELEC)
-The rule that penal statutes are given a strict ​ statute fixing the ceiling price of
construction is not absolute. commodities ( Herverias v Javellana)
US v. Go Chico
STATUTES AUTHORIZING EXPROPRIATIONS
-​A law punishes the display of flags “used - strictly construed against the expropriating
during” the insurrection against the US may not be authority and liberally construed in favor of
property owners
so construed as to exempt from criminal liability a ratio:
person who displays a replica of said flag because - The exercise of eminent domain,whether by the
State or by its authorized agents is necessarily in
said replica is not the one “used” during the
derogation of rights,thus the authority must be
rebellion, for to so construe it is to nullify the strictly construed.
statute together. - The right to freehold of inhabitants is guarded by
the Constitution and the laws.
-Go Chico is liable though flags displayed
were just replica of the flags “used during” STATUTES GRANTING PRIVILEGES
insurrection against US
Pagdanganan v. Court of Agrarian Reform
- Strictly constructed; requires that those who STATUTES IMPOSING TAXES AND CUSTOMS
invoke a special privilege granted by a statute DUTIES
must comply strictly with its provisions otherwise Tax Laws
shall lose such provileges (Butuan Sawmill v. - Tax statutes must be construed strictly against
Bayview Theater,Inc.) the government and liberally in favor of the
Ratio: to abuse abuse of such given privileges taxpayer
- Whether a statute subjects a matter, property or
person to tax, the statute is to be construed strictly
LEGISLATIVE GRANTS TO GOVERNMENT against the subjection to tax liability and it will not
UNITS be construed as imposing a tax unless it does so
- strictly construed against the grantee clearly, expressly and unambiguously.
ratio: There is in such a grant a gratuitous - Ratio: Taxation is a destructive power which
donation of public money or property which results interferes with the personal and property rights of
in an unfair advantage to the grantee,thus the the people and takes from them a portion of their
grant should be narrowly restricted in favor of the property for the support of the government
public. - being a burden, it must not be imposed nor
presumed to be imposed, beyond what the
STATUTORY GROUNDS FOR REMOVAL OF statutes expressly and clearly import
OFFICIALS STATUTES GRANTING TAX EXEMPTIONS
- Statutes relating to suspension or removal -Strictly constructed against the taxpayer and
of public officials are strictly construed liberally in favor of the taxing authority
- Removal is to be confined within the limits
prescribed for it; the causes, manner and ratio: to foster impartiality, fairness and equality of
conditions fixed must be pursued with treatment among taxpayers
strictness
- Ratio: The remedy of removal is a drastic -Exemptions are never presumed, must establish
one and penal in nature. Injustice and such right beyond reasonable doubt
harm to the public interest would likely
emerge should such laws be not strictly ● Strict construction does not apply in the
interpreted against the power of case of tax exemptions in favor of the
suspension or removal government itself or its agencies
- Provisions granting exemptions to government
NATURALIZATION LAWS agencies may be construed liberally in favor of
-​Strictly construed against an applicant for non-tax liability of such agencies
citizenship and rigidly followed and enforced - The express exemption should not be construed
with same degree of strictness that applies
-Ratio: Because the grant of citizenship accords exemptions contrary to policy of the state, since
with it all the constitutional rights and privileges of as such property exemption is the rule and the
being a citizen, thus an applicant needs to prove taxation is the exemption
worthiness to be granted such rights and E.g. tax exemption in favor of NAPOCOR
privileges. – whether direct or indirect taxes, exempted.
The right of an alien to become a citizen by
naturalization is statutory rather than natural and
does not become vested until: STATUTES CONCERNING THE SOVEREIGN
a. he files a petition ; and - Restrictive statutes which impose burdens on
b. establishes by competent and the public treasury or which diminish rights and
satisfactory evidence that he has interests are strictly construed
all the qualifications; and •Unless so specified, the government does not fall
c. none of the disqualifications within the terms of any legislation
specified by law
Alliance of Government Workers v Minister
of Labor and Employment
 PD 851 – requires “employers” to pay 13​th a judgement against government
month pay to their employees property
“employers” does not embrace the RP, the ■ ​Reason:
law not having expressly included it within •Public policy forbids it
its scope •Disbursement of public funds must be
covered by a corresponding appropriation
STATUTES AUTHORIZING SUITS AGAINST as required by law
THE GOVERNMENT •Functions and service cannot be allowed to
•Art. XVI, Sec. 3, 1887 Constitution – “The State be paralyzed or disrupted by the diversion of
may not be sued without its consent” public funds from their legitimate and
General rule:​ sovereign is exempt from suit specific objects, as appropriated by law
Exception​: in the form of statute, state may give
its consent to be sued STATUTES PRESCRIBING FORMALITIES OF
- Statute giving the state’s consent to be sued is THE WILL
to be strictly construed and waiver from immunity •Strictly construed, which means, wills must be
from suit will be lightly inferred executed in accordance with the statutory
requirements, otherwise, it is entirely void
Nullum tempus occurrit regi •The court is seeking to ascertain and apply the
- there can be no legal right as against the intent of the legislators and not that of the testator,
authority that makes the law on which the and the latter’s intention is frequently defeated by
right depends the non-observance of what the statute requires
Reason for non-suability
- not to subject the state to inconvenience EXCEPTIONS AND PROVISOS
and loss of governmental efficiency • Should be strictly but reasonably construed
• All doubts should be resolved in favor of the
Mobil Phil. Exploration, Inc. v Customs Arrastre general
Services provision rather than the exceptions however,
The law authorizing the Bureau of always look at the intent of legislators if it will
Customs to lease arrastre operations, a accord reason and justice not to apply the rule
proprietary function necessarily incident to that “an express exception excludes all others”
its governmental function, may NOT be • The rule on execution pending appeal must be
construed to mean that the state has strictly
consented to be sued, when it undertakes construed being an exception to the general rule
to conduct arrastre services itself, for • Situations which allows exceptions to the
damage to cargo requirement of warrant of arrest or search warrant
must be strictly
● State Immunity may not be construed; to do so would infringe upon personal
circumvented by directing the action liberty and set back a basic right
against the officer of the state instead • A preference is an exception to the general rule
of the state itself •A proviso should be interpreted strictly with the
legislative intent
The state’s immunity may be validly invoked
against the action AS LONG AS IT CAN BE STATUTES LIBERALLY CONSTRUED
SHOWN that the suit really affects the property,
rights, or interests of the state and not merely GENERAL SOCIAL LEGISLATION
those of the officer nominally made party General welfare legislations
defendant -To implement the social justice and
protection-to-labor provisions of the Constitution
● Even if the state consents, law should -Construed liberally
NOT be interpreted to authorize Ratio: Resolve any doubt in favor of the persons
garnishment of public funds to satisfy whom the law intended to benefit
 ● Includes the following – labor laws, revenue and to levy taxes, fees, and charges
tenancy laws, land reform laws, and social subject to such guidelines and ​limitations as the
security laws Congress may provide, consistent with the basic
policy of local autonomy​”
GENERAL WELFARE CLAUSE ○ Examples of limitations:
2 branches ○ Under Local Gov’t Code of 1991
● One branch attaches to the main trunk of - “or the efficient and effective
municipal authority – relates to such implementation of their
ordinances and regulations as may be development plans, program,
necessary to carry into effect and objectives and priority”
discharge the powers and duties conferred
upon local legislative bodies by law ● Before 1973 Constitution – Municipal
● Other branch is much more independent of corporations have no inherent power of taxation
the specific functions enumerated by law – unlike the Sovereign State.
authorizes such ordinances as shall seem ○ If granted, ​strictissimi juris​ (​strict
necessary and proper to provide for the construction) a​ pplies. In doubt, construed against
health and safety, promote the prosperity, the local gov’t unit. Hence, The municipality’s
improve the morals, peace, good order of charter or a law must plainly show the intent to
the LGU and the inhabitants thereof, and confer power to tax.
for the protection of the property therein
Icard vs. City Council of Baguio
- Construed in favor of the LGUs The City of Baguio released an ordinance that
Ratio: To give more powers to local governments requires a) amusement tax of P.20 for every
in promoting the economic condition, social person entering a nightclub, b) property tax for
welfare, and material progress of the people in the every motor vehicle and c) graduated license fee
community on every admission tickets on movies.
- Construed with proprietary aspects, otherwise The court ruled that the city is only authorized by
would cripple LGUs the Internal Revenue Code (act of Legislature) to
- Must be elastic and responsive to various social levy tax on license fees on nightclubs. Therefore,
conditions it acted beyond its power, under the Constitution,
- Must follow legal progress of a democratic way it has no to levy any other tax.
of life
● New Constitution, Art. X, Sec 5 1987
Grant of power to local governments 7.28 Constitution
● Old rule: municipal corporations, being - ​strictly​ construed against the national
mere creatures of law, have only such government and ​liberally​ in favor of the LGUs,
powers as are expressly granted to them and any doubt as to the existence of the taxing
and those which are necessarily implied or power will be resolved in favor of the local
incidental to the exercise thereof government.
● New rule: RA 2264 “Local Autonomy Act” Ratio: Local autonomy
Sec 12 – “implied power of a province, a
city, or a municipality shall be liberally Statutes prescribing prescriptive period to
construed in its favor. Any fair and collect taxes
reasonable doubt as to the existence of 7.30
the power should be interpreted in favor of ● Beneficial for both government and taxpayer
the local government and it shall be ○ To the government – tax officers are
presumed to exist” obliged to act promptly in the making of the
assessments.
Statutes granting tax powers 7.29 ■ Life-blood theory – which
● New Constitution, Art. X, Sec 5 1987 provides that the existence of the
Constitution – “each local government unit shall government is necessary; that government
have the power to create its own sources of
 cannot continue without means to pay its Omnibus Election Code, Art. VII, par K(A)
expenses. ● After election – directory (part 3)

○ To the taxpayer – would have a feeling Part 1: Provisions for the conduct of elections
of security against unscrupulous tax agents who which election officials are required to follow.
will always find an excuse to inspect the books of ● Generally – the provisions of a
taxpayers. statute as to the manner of
■ Justice Marshall- “power of tax is power conducting the details of an
to destroy; Congress’ power to tax is an enormous election are NOT mandatory;
and fearsome power” ● Irregularities in conducting an
election and counting the votes -
STATUTES IMPOSING PENALTIES FOR not preceding from any wrongful
NONPAYMENT OF TAXES intent and which deprives no legal
voter of his votes, will not vitiate an
● ​Liberally​ construed in favor of government election or justify the rejection of
and ​strictly​ construed against the taxpayer the entire votes of a precinct
● Ratio: The intention is to hasten tax Remedy against election official who did not do
payments or to punish evasions or his duty – criminal action against them
neglect of duty in respect thereto.
Jamora vs. Meer Part 2:
If delay on payments due to light reasons will be ● Provisions which candidates for office are
forgiven, then, laws punishing them would be required to perform are ​mandatory.
useless. ● Provisions on qualification of candidates,
requirements on filing candidacy, election
-S​ hould be ​reasonably and liberally ​construed offenses, prescriptive period on filing
to achieve their purpose. election contests.
-to effectuate and safeguard the will of the
electorate in the choice of their representatives. ● Non-compliance is fatal
● Democratic will
Ratio: Application on elections and election itself Part 3:
involves public interest. ● Procedural rules which are designed to
ascertain, in case of dispute, the actual
Omnibus Election Code winner in the elections are ​liberally
construed .
Ratio: Assist voters in their participation in the ● Technical and procedural barriers should
affairs of gov’t. not ​be allowed to stand ​if​ they constitute
3 Parts an obstacle in the choice of their elective
-Provisions for the conduct of elections which officials.
election officials are required to follow Sinaca vs. Mula
-Provisions which candidates for office are For where a candidate has received popular
required to perform. mandate, overwhelmingly and clearly expressed,
-Procedural rules which are designed to ascertain, all possible doubts should be resolved in favor of
in case of dispute, the actual winner in the the candidates eligibility, for to rule otherwise is to
elections defeat the will of the electorate

● Different rules and canons of statutory AMNESTY PROCLAMATIONS

construction govern such provisions ● Amnesty proclamations should be liberally
of the election law construed as to carry out their purpose.
● Purpose - to encourage the return to the
Rules and regulations for the conduct of fold of the law of those who have veered
elections from the law.
● Before election – mandatory (part 1)
- in case of doubt as to whether certain persons - shall be liberally construed
come within the amnesty proclamation, the doubt - remedial in character
should be resolved in their favor & against the - in favor of the persons intended to be
state ​(People vs. Gojo) benefited thereby
● Amnesty and pardon are ​not
synonymous - Liberal approach
- humanitarian purposes of the law
STATUTES PRESCRIBING PRESCRIPTION OF - efficiency, security, and
CRIMES well-being of government
● Statutes of limitation or prescription employees may be enhanced
- Liberally construed in favor of the accused.
Reason - time wears off proof and innocence Ortiz v. Commission on Elections
● Art. 91 of RPC - SC’s acceptance of his courtesy
“the period of prescription shall commence resignation resulted in the completion
to run from the day the crime is discovered of his term so as to entitle him to all
by the offended party, the authorities or retirement benefits
their agents” ​(People vs. Reyes) - Courtesy resignation
- Not resignation in contemplation of law; the act
People vs. Maceda lacked the clear intention to surrender his position
● Slight slander case was filed three months and was a mere submission to the will of the
and one after the ​commission of the crime. political authority and appointing power
● U ​ nder Art. 90 of RPC, light offenses such
as said crime shall prescribe in 2 months. In re Application for Gratuity Benefits of
● Therefore, the crime has prescribed. Associate Justice Efren I. Plana
- Where a public officer who has
Start of prescription period:​ ​from the date of accumulated a number of leave
discovery of the offended party, authorities or its credits which, if added to his length
agents. of service, would qualify him to meet
the length-of-service requirement to
ADOPTION STATUTES retire, failed to serve the required
- Liberally construed in favor of the child to be length of service for reasons beyond
adopted. his control, he would be entitled to
Paramount consideration: receive retirement benefits
- hold the interest and welfare of the child In re Pineda
(Malkinso vs. Agrava) - Plana Doctrine only allowed only if
- enacted to compensate a class of men who satisfied that the career of the retiree
suffered in the service for the hardships they was marked by competence,
endured and the dangers they encountered in line integrity, and dedication to the public
of duty service
- as an expression of gratitude and
recognition
RULES OF COURT
- procedural
VETERAN AND PENSION LAWS - liberally construed
- shall be construed liberally - should not be strictly enforced at the cost of
- Where a veteran pension law is ​silent as to the substantial justice
effectivity​ of pension awards, it ​shall be - proper and just determination of litigation
construed to take effect from the date it - adopted not as ends in themselves but as
becomes due​ and ​n​ot from the date the means conducive to the realization of the
application for pension is approved administration of laws and justice

Retirement or Pension Laws

- Literal structure of the rules have been relaxed - Construed liberally to give first-hand
in favor of liberal construction in the following offenders a second chance to maintain his
cases: place in society through the process of
Where a rigid application will result in a reformation
manifest failure or miscarriage if - Extend benefits thereof to any one not
justice; specifically disqualified
Where the interest of substantial justice
will be served; Statute granting powers to an agency
Where the resolution of the emotion is - Construed liberally for the advancement of
addressed solely to the sound and the purposes and objectives for which it
judicious discretion of the court; was created
Where the injustice to the adverse party is
not commensurate with the degree of Group 1
his thoughtlessness in not complying Aquino, Clarisse
Cuyahon, Reina
with the prescribed procedure
Dadaan, Aveline
Dulnuan, Abbijah
- Liberal construction does not mean they Florendo, Camille Anne
may be ignored; they are required to be Mendoza, Imelda
followed except only for the most Sacliwan, Jirah Lou-Anne
persuasive reasons Umingan, Kriselle
Villanueva, Rizel
Vinuya, Miami Lenbel

OTHER STATUTES

Curative statutes
- To cure defects in a prior law
- To validate legal proceedings which would
otherwise be void for want of conformity
with certain legal requirements
- To supply defects, abridge superfluities,
and curb certain evils
Redemption law
- Construed liberally to carry out purpose
- To enable the debtor to have his property
applied to pay as many debtor's liabilities
as possible

Statutes that provide exemptions from execution

- Construed liberally in order to give effect to
their beneficent and human purpose
- Any reasonable doubt should be construed
in favor of the exemption from the
execution
Laws on Attachment
- Construed liberally to promote their objects
and assist parties in obtaining speedy
justice
- Warehouse receipt laws
- In favor of the bona fide holders of such
receipts
Probation laws