Agpalo Notes - Statutory Construction, CH 3
Agpalo Notes - Statutory Construction, CH 3
General rule: The intent of the legislature General rule: The spirit or intention of a
is found in the language of the statute. statute prevails over the letter of it.
- Where the statute is clear, plain Maxims:
and free from ambiguity, it must be given
its literal meaning and applied without ratio legis et anima legis (the
interpretation. reason of the law is its soul);
- Where the law speaks in clear ratione cessat lex et cessat lex
and categorical language, there is no (when the reason of the law ceases, the
room for interpretation. There is only law ceases)
room for application.
Presumption: The letter of the law is its
- Law cannot be changed under the body; the spirit (reason), the soul; and
guise of interpretation. the construction of the former should
never be so rigid and technical as to
Maxim: destroy the latter.
index animi sermo est (speech is Undesirable consequences were
the index of intention) never intended by a legislative measure.
Verba legis non est
recedendum (from the words of a statute
What is within the spirit is within the
there should be no departure)
law:
Presumption: The words employed by the
• Don’t literally construe the law if it will
legislature in a statute correctly express
render it meaningless, lead to ambiguity,
its intention or will and preclude the court
injustice or contradiction
from construing it differently.
• The spirit of the law controls its letter
Thus, what is not clearly provided
in the law cannot be extended to those • Spirit or intention of a statute prevails
matters outside its scope over the letter
• Controlling factor, leading star and • So-called gaps in the law develop as the
guiding light in the application and law is enforced.
interpretation of a statute.
• StatCon rule: to fill in the gap is the
• A statute must be according to its spirit doctrine of necessary implication
or intent.
• Doctrine states that what is implied in a
• The courts cannot assume an intent in statute is as much a part thereof as that
no way expressed and then construe the which is expressed
statute to accomplish the supposed
• Ex necessitate legis – from the
intention; otherwise they would pass
necessity of the law
beyond the bounds of judicial power to
usurp legislative power. • Every statutory grant of power, right or
privilege is deemed to include all
incidental power, right or privilege
Construction according to the spirit:
• In eo quod plus sit, simper inest
A statute may therefore be et minus – greater includes the
extended to cases not within the literal lesser
meaning of its terms, so long as they
• Necessity:
come within its spirit or intent.
o includes such inferences as may
1. Construction to accomplish purpose
be logically be drawn from the purpose or
Statutes should be construed in the light
object of the statute, from what the
of the object to be achieved and the evil
legislature must be presumed to have
or mischief to be suppressed.80
intended, and from the necessity of
Construction which gives effect to the
making the statute effective and operative
evident purpose sough to be attained by
the enactment of the statute must be o excludes what is merely
followed. plausible, beneficial, or desirable
Hence, as between two statutory • must be consistent with the Constitution
interpretations, that which better serves or to existing laws
the purpose of the law should prevail.
• an implication which is violative of the
law is unjustified or unwarranted
Reason: Laws are not just mere
composition, but have ends to be achieved
and that the general purpose is a more
important aid to the meaning of a law
than any rule which grammar may lay
down.
COA of the Province of Cebu v Province of - When the Supreme Court has
Cebu: This case is about the effects of a once laid down a principle of law as
new law on an old law. The Special applicable to a certain state of facts, it will
Education Fund (SEF) allowed the use of adhere to that principle and apply to all
part of the realty and cigarette taxes for future cases where the facts are
extension programs and scholarships. substantially the same
When the Cebu provincial office used it to - Assures certainty and stability in
pay for salaries of teachers and scholars, the legal system
COA said those were not chargeable to the
SEF since RA 5447, which created the
SEF, was deemed repealed by the Local
*The interpretation of a statute
Govt Code. Because the two retained
remains to be part of the legal system
sections in the LGC omitted the
until the Supreme Court overrules it and
scholarship grants, the court ruled that
the new doctrine overruling the old is
what was omitted must have been omitted
applied prospectively in favour of parties
intentionally, and so may not be included.
who relied on it in good faith.