CHAPTER VII: STRICT OR LIBERAL CONSTRUCTION STRICT CONSTRUCTION Definition.

. According to the letter of a statute, which recognizes nothing that is not expressed, takes the language used in its exact meaning, and admits no equitable consideration. Limitation:

A. STATUTES IN DEROGATION OF RIGHTS Rights are not absolute, and the state, in the exercise of police power, may enact legislations curtailing or restricting their enjoyment Strictly construed and rigidly confined to cases clearly within their scope or purpose 1. Statutes Authorizing Expropriations strictly construed against the expropriating authority and liberally in favor of property owners rationale: power of eminent domain by State or by its authorities in derogation of private rights City of Manila v. Chinese Community of Manila, 40 Phil. 349 (1919) expropriating the land of an individual without his consent, the plain meaning of the law should not be enlarged by doubtful interpretation

1. Does not mean to give narrowest meaning; 2. nor words be restricted. Penal Statutes Those which define crimes, treat of their nature and provide for their punishment. The TEST: Is penalty imposed?

Construction of Penal Statutes STRICTLY against the state and LIBERALLY in favor of the accused. Principle: acts in and of themselves innocent and lawful cannot be held to be criminal unless there is a clear and unequivocal expression of the legislative intent to make them such. Reason: law is tender in favor of rights of an individual.

Power of Eminent Domain power of the nation or a sovereign state to take, or to authorize the taking of private property for public use without the owners consent, conditioned upon payment of just compensation legislative in nature but may be delegated to the President, LGUs, or public utility company

Acts mala in se and mala prohibita General Rule: Penal statute shall not be construed to make the commission of certain prohibited acts criminal without regard to the intent of the doer. - actus non facit reum nisi mens sit rea. - actus me invite factus non est meus actus. Exception: If acts are only mala prohibita and the statutes plainly prohibits an act without implying that it be done knowingly or wilfully.

2. Statues Imposing Taxes and Customs Duties strictly construed against the government and liberally in favor of the taxpayer rationale: power to tax is power to destroy Republic v. Intermediate Appellate Court, 196 SCRA 335 (1991) burdens are not to be imposed, nor presumed to be imposed, beyond what the statutes expressly and clearly import

EXCEPTIONS TO STRICT CONSTRUCTION 1. Not to be construed as to defeat the obvious purpose of the legislature. 2. Only when the law is ambiguous and there is doubt in its meaning.

3. Statutory Grounds for Removing Officials conditions fixed as removal is confined within the limits prescribed for itstrictly construed in accordance to the causes, manner and

rationale: remedy of removal is a drastic one and penal in nature, injustice and harm to the public interest would likely emerge Hebron v. Reyes, 104 Phil. 175 (1958) Local elective officials are to be removed or suspended, after investigation, by the provincial board, to appeal to the President President has no authority on his own to conduct the investigation and to suspend such elective official

Manila Lodge No. 761 v. Court of Appeals, G.R. No. 41001, September 30, 1976, 73 SCRA 162

2. Naturalization Laws strictly construed against the applicant for citizenship and rigidly followed and enforced rationale: right of an alien to become a citizen by naturalization is a statutory rather than a natural right

Statute Granting Tax Exemptions

General Taxation Mean Impose Burden Purpose Revenue Exception EXEMPTION (freedom from burden)

Power to Tax is Power to Destroy 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

B. STATUTES GRANTING PRIVILEGES privileges must be strictly construed in accordance with the will of him who grants them or privilegia recipiunt largam interpretationem voluntati consonam concendentis rationale: rights or privileges exist only by virtue of statues come into being only after strict compliance with all the conditions found in the statues Butuan Sawmill, Inc. v. Bayview Theatre, Inc., 96 Phil. 137 (1954) entity is granted legislative franchise to operate electric light and power, on condition that it should start operation within the specified period failure of which resulted in the forfeiture of the franchise Rule: Strictly Construed against the tax payer and liberally in favor of the taxing authority. Qualifications: 1. Law is CLEAR and UNAMBIGUOUS 2. No qualification for granting tax exemption 3. In favor of the government and its agencies (Liberally Construed) Statutes Concerning the Sovereign
General Government does not fall within the terms of any legislation Unless it is specifically mentiod Strict Construction

Exception Rule

1. Legislative Grants to Local Government Units (LGUs) strictly construed against the grantee and in favor of the public doubts should be resolved in favor of the national government and against the political subdivisions concerned rationale: legislative grants are public in nature and tend to be a gratuitous donation of public money or property resulting in an unfair advantage to the grantee Statutes Authorizing suits against the government General
Non suability (Article XVI, Sec. 3)

Exception
Consent 1. 2. Express laws/statutes Impied contacts / litigations

Reasons: Logical: There can be no legal right against the autthority which makes the law on which the right depends Practical: Inconvinience and inefficiency

Exception: Liberal construction and interpretation does not apply where the labor and social legislation is clear and leaves no room for interpretation, in which case the law has to be applied without construction

General welfare clause 2 branches: One branch attaches itself to the main trunk of the municipal authority and relates to such ordinances and regulations as may be necessary to carry into effect and discharge the powers and duties conferred upon local legislative bodies by law. The second branch, authorizes such ordinances as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the local government unit and the inhabitants thereof, and for the protection of property therein. The very essence of the general welfare clause requires that it be given a liberal construction. To give more powers to local governments in promoting the economic condition, social welfare, and material progress of the people in the community Construed with proprietary aspects, otherwise would cripple LGUs. Must be elastic and responsive to various social conditions. Must follow legal progress of a democratic way of life.

Statutes prescribing formality of will Rule: Strictly construed Non compliance to statutory requirements shall invalidate the will It is a privilege given by the legislature, hence, the intent of the legislature and not the testator should apply.

Exceptions and Provisos

General Rule All doubts should be resolved in favor of the general provision rather than the exception

Exceptions Strictly but reasonably construed. Extends only as far as their language fairly warrants. Provisos Strictly construed since the legislature sets forth in the genral enactment its policy.

Statutes Liberally Construed General social legislation Statutes which have been enacted to implement the social justice and protection-to-labor provisions of the Constitution Construed liberally Resolve any doubt in favor of the persons whom the law intended to benefit Includes Labor laws, Tenancy laws, Land reform laws, and Social security laws

Grant of Power to Local Governments Old rule: municipal corporations, being mere creatures of law, have only such powers as are expressly granted to them and those which are necessarily implied or incidental to the exercise thereof. Local governments had no inherent power of taxation unlike the sovereign state. New rule: RA 2264 Local Autonomy Act, Sec 12 "implied power of a province, a city, or a municipality shall be liberally construed in its favor.

Any fair and reasonable doubt as to the existence of the power should be interpreted in favor of the local government and it shall be presumed to exist." Statutes granting taxing power Before 1973 Constitution inferences, implications, and deductions have no place in the interpretation of the taxing power of a municipal corporation. Taxing power, when granted, is to be construed strictissimi juris. Any doubt or ambiguity arising out of the terms used in granting that power must be resolved against the local government unit. New Constitution Art. X, Sec 5 1987 Constitution "each local government unit shall have the power to create its own sources of revenue and to levy taxes, fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Statutes prescribing limitations on the taxing power of LGUs must be strictly construed against the national government and liberally in favor of the LGUs, and any doubt as to the existence of the taxing power will be resolved in favor of the local government

Three Parts of Election Laws for the Purpose of Applying the Rules of Statutory Construction: 1. Provisions for the conduct of elections which election officials are required to follow. Rules and regulations for the conduct of elections: MANDATORY before the elections DIRECTORY after the elections

2. Provisions which candidates for office are required to perform Where the law provides that a departure from the prescribed form or statutory requirement will be fatal, such law is MANDATORY. Prescribing the qualifications of candidates Requiring the filing of certificates of candidacy Defining Election Contests

3. Procedural rules which are designed to ascertain, in case of dispute, the actual winner in the elections. Technical and procedural barriers should not be allowed to stand if they constitute an obstacle in the choice of people's elective officials. EXCEPTION: Where a rigid and strict application and enforcement of provisions of the election law will safeguard popular will and prevent transgression of suffrage and the mandate of the majority, the provisions will be given strict construction.

Statutes prescribing prescriptive period to collect taxes Beneficial for both government and taxpayer To the government tax officers are obliged to act promptly in the making of the assessments To the taxpayer would have a feeling of security against unscrupulous tax agents who will always find an excuse to inspect the books of taxpayers

Amnesty Proclamations Purpose: To encourage the return to the fold of the law of those who have veered from the law. Pardon liberally construed in favor of those pardoned and strictly against the state. Statutory Construction Rule on Synonymous Words: The rule for interpreting one will apply to the other. Statutes Prescribing Prescriptions of Crimes Rationale for its liberal construction in favor of the accused:

Statutes imposing penalties for non-payment of tax Liberally construed in favor of government and strictly construed against the taxpayer The intention is to hasten tax payments or to punish evasions or neglect of duty in respect thereto Liberal construction would render penalties for delinquents nugatory

Election Laws Purpose: To effectuate and safeguard the will of the electorate in the choice of their representatives.

The very existence of the statute is a recognition and notification by the legislature of the fact that time, while it gradually wears out proofs and innocence, has assigned to it fixed and positive periods in which it destroys proofs of guilt. Adoption Statutes Purpose: To provide homes, parental care and education for the unfortunate, needy or orphaned children and give them the protection of society and family in the person of the adopter. Rationale for their liberal construction: To promote the noble and compassionate objectives of the law. Veteran and Pension Laws Purpose: To compensate a class of men who suffered in the service for the hardships they endured and the dangers they encountered in line of duty. Where a veteran pension law is silent as to the effectivity of pension awards, it shall be construed to take effect from the date it becomes due and not from the date the application for pension is approved. Limitation: Should be construed as to prevent a person from receiving double pension or compensation, unless the law provides otherwise.

3. where the resolution of the emotion is addressed solely to the sound and judicious discretion of the court; and 4. where the injustice to the adverse party is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedure.

Retirement or pension laws are liberally construed. Rules of Court Purpose: The proper and just determination of a litigation. Requires the courts to: 1. Act reasonably and not capriciously, and 2. Apply the rules in order to promote their object and to assist the parties in obtaining a just, speedy and inexpensive determination of their cases. Cases when liberal construction of the rules of court is necessary: 1. where a rigid application will result in a manifestation failure or miscarriage of justice; 2. where the interest of substantial justice will be served;