Statutory Construction Rules

Rules of Approach
Ordinary meaning rule-
statute should be construed according to ordinary meaning of terms (the
term used by an ordinary competent user reading the words in their
immediate context in accordance to the common language game, must
encompass public knowledge of such and are not uncontroverted or
contested and there must be judicial notice of a term if not the court will
ask for evidence proving that it has another meaning)
the constitutional assumption which is employment of ordinary means
of communication
exceptions:
such construal shouldnt violate vested rights, will result to injustice
such construal should be in line with the intention of the legislature
Original meaning rule-
statutory terms or phrases shall have the meaning of the term at the time
of legislation
they shall be construed according to the original meaning of the term
exceptions:
such construal shouldnt violate vested rights, will result to injustice
Contextual Analysis rule
noscitur a sociis , terms should be associated with the context of the
whole provision
each term, phrase or clause should be interpreted in accordance with the
context of the section or provision in which it occurs
must be also noted that a provision should be construed in accordance
with the entire law
uch should not be taken in isolation from the whole statute
exceptions:
such construal shouldnt violate vested rights, will result to injustice
!onstitution also takes part in the interpretation of the law, it shouldnt
be violated
Purposive Analysis rule-
giving effect to the legislative purpose
knowing the intent of congress in legislating such rules, knowing the
purpose of the law" e.g. BP was enacted to punish those people who
issue bad checks
Conse!uential Analysis or a"surdity rule-
if the law is totally absurd, it will be void for vagueness
#bsurdity occurs in two ways$ a law is vague because of syntactical
errors or it may be constructed in a grammatically correct manner but
there is a resultant ambiguity because there is no way to interpret it
#xceptions:
if there is a way or there are ways to interpret the law it must be applied
in a way that it will not result to injustice and will not violate vested
rights
if a law is void and there is no judicial declaration of its being void,
repeal of the said law, it is still active and should be applied
#xclusionary rule-
%xpressio & 'nclusio unius est exclusio alterius what is not mentioned
in the provision of a law is excluded
(hen the law enumerates, the enumeration manifests the intendment of
exclusiveness
Shared meaning rule-
%jusdem )eneris , when the law enumerates but follows enumeration
with a general term, that general term shall be interpreted in light of the
enumeration
# term is to be construed in accordance with the conditions provided in
general term

Plausi"le meaning rule-
(hen the law is clear ipso facto on its face as long as there are no
resultant ambiguities, the only thing to do is apply the law
#xceptions:
'n applying and construing a statute it must not result into an absurd
conse*uence or will result to injustice and deter rights
Rules Based on $rafting Conventions
%egislative drafting conventions
+egislative history takes part in the interpretation of a law
it is through this rule we could decipher the meaning and intendment of
the law
the content of the law rather the purpose of the law should be known
from the different stages of the drafting process" ,rom passing of the bill
until its enactment
exceptions:
construal of a statute must be based on the real intention of congress
if the intention of congress during deliberations is different to that
results in the enrolled or active law then the purpose of the statute
prevails
Prohi"ition on tautology and stylistic variation-
-o avoid absurdity, vagueness and confusion precise terms should be
used
-he constitutional assumption employment of ordinary means of
communication should be noticed
&se of particular 'ords or structures to signal particular meaning
(ords, terms or phrases used in the law should be particular and
defined"
Rule on codification
# code is a complete statement of the law, it deems to repeal laws
preceding it"
legis posteriores priores contrarias abrogant later enactment must
prevail
exceptions:
a code must express in its repealing clause that it repeals particular
statutes that are contrary to it
if there is no express repeal and a former statute has provisions that
cannot be found in a latter law or a code, they should be reconciled and
harmoni.ed
Rule on inclusion and exclusion in amendments
(hat is not mentioned in a later law is deemed repealed
lex posterior a subse*uent law or a later law repeals an old law"
legis posteriores priores contrarias abrogant
/epeal can be in two ways$ express repeal0 when a provision
specifically states the repeal of a particular law(s) whether such is&are
contradictory or not, implied repeal0 when there is no mentioning of any
specific provision
#xceptions:
a statute must express in its repealing clause that it repeals particular
statutes that are contrary to it
if there is no express repeal and a former statute has provisions that
cannot be found in a latter law or a code, they should be reconciled and
harmoni.ed
Rules (ntroducing )alues into (nterpretation
Presumption of legislative intent: right and *ustice
1nowing the intention of the congress, what benefits it wants to be
achieved and evil it wants to avoid" (hen there is doubt in the
application of the law be guided by the purpose of the law
Presumption in favor of the constitution
#ll laws are presumed to be valid
'f it is contrary to public policy and contrary to the constitution then it is
void
Presumption in favor of international la'
+aws must be presumed in accordance with treaties or international law
since it is part of the municipal law
+aws must be interpreted in accord with international treaties
Strict construal of penal la's
trissimi juris dont punish more than what is exactly provided for
laws are construed liberally in favor of the accused (right of each person
to freedom and liberty) and strictly construed against the state
Strict construal of tax la's+ strict construal against exemptions
tax measures are construed strictissimi juris against the state because it
imposes burdens upom citi.ens and liberally construed in favor of the
citi.ens
exceptions
tax exemptions and tax exclusion measures should be liberally construed
in favor of the government and strictly against the citi.ens
lifeblood doctrine the state is kept alive because taxes are sources of
revenue to deliver public goods and services
%i"eral construal of procedural rules+ etc.
rules on court procedures must be liberally construed in favor of the
accused
exceptions:
applies only to pending cases
procedural rules will not apply to already resolved cases that have
finality
Rules that Permit ,udges to change or ignore the -ext
$rafting errors
# law should be avoided if it is erratic and completely no way to interpret it"
Avoidance of a"surd conse!uences
2oid for vagueness and no way to interpret0 abandon
Avoidance of a construction that violates policy
3ont apply rules or laws that are against public policy or inconsistent with the
constitution or treaties
Rules for Resolving Conflict
#xpress and implied repeals
'nterpret laws and make use of it if they are not repealed" +ex
posterior
+egis posteriores priores contrarias abrogant
Statutes in pari material
'n interpreting a law, it must be counter referred to previous enactments
that deals with the same subject, in pari material"
Application of interpreting *urisprudence
tare decisis legis interpretado legis vim obtinet interpretation
placed upon the written law by a competent court has the force of law"
jurisprudence is not a law but it has the force of law unless such is not
abandoned"
S-A-&-OR. CO/S-R&C-(O/ #/&/C(A-#$
(/ $#C($#$ CAS#S
(n Pari 0ateria
&r"ano v. 1S(S
2hether or not an exceptive clause found in an earlier COA
circular could "e 3amplified4 "y reading it in the light of a later
COA circular5
.#S+ applying the doctrine of statutes in pari materia:
4" statutes should be read and construed together
5" is should be presumed that the legislature intended to effect
the policy embodied in prior legislation
6" provided such construal and reading doesnt offend the
purpose of the statute and it is justified
)alencia v. CA
2hether or not $AR 0emo Circular /o. 6 series of 7889 can "e
reconciled 'ith SC Administrative Circular /o. 7-8:+ no' Revised
Rules of Civil Procedures5
.#S+ these circulars must be reconciled because
4" they dont negate their intent and meaning, hence they can be
harmoni.ed
5" the harmoni.ation results$ an administrative decision must
first be appealed to administrative superiors up to the highest
level (3#/ 7emo) before it may be elevated to a court of
justice for judicial review (! #dministrative !ircular)"
6" an appeal to the 8resident from the 3epartment ecretary is a
plain, speedy, ade*uate remedy available to a party before he
can turn to the courts for relief
0anila ,oc;ey Clu" v. CA
'nterpretare et concordare legels legibus est optimus interpretandi"
9o law should be read as the beginning of a new legal system"
# supplemental law becomes an addition to the existing statutes or to
a section thereof and its effect is not changed in any way the
provisions of the latter but to extend the operation thereof, or give
additional power to enforce its provisions
Strict Construal Of -ax measures+ exceptions+ exclusions etc
Commissioner of (nternal Revenue v. CA
%xceptions derogate from the general rule
-ax measures are construed strictissimi juris against the state because
they impose burdens upon citi.ens
P%$- v. City of $avao
-ax exclusion and tax exemptions are construed strictly against the
taxpayer and liberally in favor of the government
+ifeblood doctrine
,ohn <ay People=s Alternative Coalition v. %im
8roclamation 9o" :5; in 4<<: (pecial %conomic =one on portion of
!amp >ohn ?ay) vis0@0vis /"#" A55A ( incentive only for ubic pecial
%conomic =one, under Bases !onversion 3evelopment #uthority)
-ax exemptions must be expressly provided for and not merely implied
Strict Construal of Penal Statutes
Recuerdo v. People
B"8" 55 is not a bill of attainder
# bill of attainder inflicts punishment without a trial and substitutes a
legislative determination of guilt for a judicial finding
B8 55 doesnt punish the act of not paying debts but the deleterious act
of putting a worthless instrument in circulation
#xpress and (mplied Repeals
Camacho v. 1loria
)eneralia specialibus non derogant
(here a 7agna !arta for 8ublic chool teachers provides a disciplinary
process different from what is provided for in the charter of a state
institution, the latter prevails
# special statute prevails over a general statute
0analo v. CA
%ven a subse*uent general law cannot repeal an earlier special law, it
only happens if the former contains a repealing clause, legislative intent
to repeal antecedent, inconsistent legislation is clear
Recana ). CA
,or a repealing clause in a general law to operate against a special law it
must be expressed
%i"eral Construal of Procedural Rules
#stolas v. 0a"alot
#grarian laws must be interpreted liberallyin favor of grantees in order
to allow farmers a dignified and a measure of self reliance0 to give full
effect to the clear intendment of the laws"
Acop v. 1uingona
-he operation of a proviso is usually and properly confined to the
clause or distinct portion of the enactment 'hich immediately
precedes it or to 'hich it pertains and does not extend to or !ualify
other sections or portions of the statute unless the legislative intent
that it shall so operate is clearly disclosed