Stat Con Ateneo

Statutory Construction Reviewer Vena V. Verga and Aris S.
Manguera
STATUTORY CONSTRUCTION REVIEWER STATUTORY CONSTRUCTION REVIEWER
SUMMARY OF AGPALO
CHAPTER 1
I. IN GENERAL
A. Law, in its jural and generic sense, refers to the whole body or
system of law.
a! "n its jural and concrete sense, law means a rule of
conduct formulated and made obligatory by legitimate
#ower of the state.
b! "ncludes$
%! statues enacted by the legislature
&! #residential decree
'! e(ecutive orders
)ote$ & and ' are made by the #resident in the e(ercise of his
legislative #ower.
*! other #residential issuance in the e(ercise of his
ordinance #ower
+! rulings of the Su#reme Court
,! rules and regulation #romulgated by administrative
or e(ecutive officers #ursuant to a delegated #ower
-! ordinances #assed by L./
0. Statute is an act of legislature as an organi1ed body, e(#ressed
in the form, #assed according to the #rocedure, re2uired to
constitute it as #art of the law of the land.
%. Laws which has the same category and binding force are$
#residential decrees issued during Martial law and e(ecutive
orders issued under the 3reedom Constitution.
&. 4y#es of statutes$
a! #assed by the 5hili##ine Legislature
%! 5hili##ine Commission
&! 5hili##ine Legislature
'! 0atasang 5ambasna
*! Congress of the 5hili##ines
b! Made by the #resident
%! 5residential decrees %6-' constitution!
&! 7(ecutive orders 3reedom Constitution!
'. 8ther ty#es of Statues
a! 5ublic Statute$ which affects the #ublic at large or the
whole community9 classifications$
%! general: which a##lies to the whole state and
o#erates throughout the state ali;e u#on all the
#eo#le or all of a class9
&! s#ecial: which relates to a #articular #ersons or
things of a class or to a #articular community,
individual or thing9
'! local: whose o#eration is confined to a s#ecific
#lace or locality
b! 5rivate Statute$ a##lies only to a s#ecific #erson or
subject
*. 4y#es according to <uration$
a! #ermanent statute$ whose o#eration is not limited in
duration but continues until re#ealed9
b! tem#orary statute$ whose duration is for a limited
#eriod of time fi(ed in the statute itself or whose life
ceases u#on the ha##ening of an event.
+. "n res#ect to their a##lication$
a! #ros#ective
b! retroactive.
,. 8#eration$
a! declaratory,
b! curative,
c! mandatory,
d! directory,
e! substantive,
f! remedial, and
g! #enal.
-. 3orm$
a! affirmative
b! negative
C. Manner of referring to statutes
%. 5ublic Acts$
a! 5hili##ine Commission and 5hili##ine Legislature %6=%:
%6'+
b! Commonwealth Acts$ enacted during the
Commonwealth %6',:%6*,
c! Re#ublic Acts$ #assed by Congress of the 5hili##ines
%6*,:%6-& and from %6>-
)ote$ Statutes may be referred to by its serial number, or its title.
/vvverga and /asmanguera Page 1 of 47
Statutory Construction Reviewer Vena V. Verga and Aris S. Manguera
"". ENACTMENT OF STATUTES
A. Legislative #ower is the #ower to ma;e, alter, and re#eals laws.
%. /nder the %6-' and freedom constitution, the #resident
e(ercised legislative #ower which remained valid until
re#ealed.
&. L./ can enact ordinances within their own jurisdiction, but
such laws are inferior and subordinate to the laws of the
state. 5rimicias v. Munici#ality of /rdaneta!.
'. Administrative or e(ecutive officer can ma;e rules and
regulations to im#lement s#ecific laws.
0. 7ssential feature of the legislative function is the determination
of the legislative #olicy and its formulation and #romulgation as
a defined and binding rule of conduct
C. A bill is a #ro#osed legislative measure introduced by a member
of Congress for enactment into law.
<. 5assage of a bill$
%. A bill shall embrace only one subject which shall be
e(#ressed in the title thereof. "t shall be signed by its
author and filed with the Secretary of the ?ouse.
&. A bill may originate in the lower or u##er house e(ce#t
a##ro#riation, revenue or tariff bills, bills authori1ing
increase of #ublic debt, bills of local a##lication, #rivate
bills, which shall originate e(clusively in the ?ouse of
Re#resentatives.
'. A bill is a##roved by either house after it has gone three
readings on se#arate days e(ce#t when the 5resident
certifies to the necessity of its immediate enactment.
*. Ste#s$
a! 4he Secretary re#orts for the first reading, which
consists of reading the number and title of the bill,
followed by its referral to the a##ro#riate Committee for
study and recommendation.
b! Second Reading$ the bill shall be read in full with the
amendments #ro#osed by the Committee, if any, unless
co#ies thereof are distributed and such reading is
dis#ensed with. After the amendments, the bill will be
voted on second reading.
c! 4hird reading$ the bill a##roved on second reading will
be submitted for final vote by yeas and nays. )o
amendments may be introduced.
d! 4he bill a##roved on the third reading by one house is
transmitted to the other house for concurrence, which
will follow the same #rocedures as a bill originally filed
with it.
e! "f the other house introduces amendments and the
?ouse from which it originated does not agree with said
amendments, the differences will be settled by the
Conference Committee of both chambers, whose re#ort
or recommendation thereon will have to be a##roved by
both ?ouses in order that it will be considered #assed
by Congress and thereafter sent to the 5resident for
action.
f! "f the 5resident shall veto it, and if after such
consideration, two: thirds of all the Members of such
?ouse shall agree to #ass the bill, it shall be sent,
together with the objections, to the other ?ouse by
which it shall li;ewise be reconsidered, and if a##roved
by two:thirds of all the Members of that ?ouse, it shall
become a law.
7. A bill #assed by Congress becomes a law in either of three
ways$
%. @hen the 5resident signs it
&. @hen the 5resident does not sign nor communicate his veto
of the bill within thirty days after his recei#t thereof
'. @hen the vetoed bill is re#assed by Congress by two:thirds
vote of all its members, voting se#arately.
3. 5rocedure for enactment of a##ro#riations and revenue bills is
same with ordinary bills, but it may only come from the lower
house. A##ro#riations bill are subject to the restrictions or
2ualifications as #rovided in the Constitution AArt V", Sec. &+B
and AArt. V" Sec. &- &!B
.. 4he lawma;ing #rocess in Congress ends when the bill is
a##roved by the body. A##roval is indis#ensable to the validity
of the bill.
?. The system of athe!t"#at"o! devised is the signing by the
S#ea;er and the Senate 5resident of the #rinted co#y of the
a##roved bill, to signify to the 5resident that the bill being
#resented to him has been duly a##roved by the legislature and
is ready for his a##roval or rejection.
". 4he Constitution re2uires that each ?ouse shall ;ee# a journal
AArt. V" Sec. %,*!B. 4he Cournal is regarded as conclusive with
res#ect to matters that are re2uired by the Constitution to be
recorded therein. @ith res#ect to other matters, in the absence
of evidence to the contrary, the Cournals have also been
accorded conclusive effect. Considerations of #ublic #olicy led to
the ado#tion of the rule giving verity truth! and
unim#eachability to legislative records. D"m#erative reasons of
#ublic #olicy re2uire that the authenticity of laws should rest
u#on #ublic memorials of the most #ermanent character. 4hat
the rights ac2uired today u#on the faith of what has been
declared to be law shall not be destroyed tomorrow, or at some
remote #eriod of time, by facts resting only in the memory of
individuals.
C. E!$o%%e& '"%%: /nder the enrolled bill doctrine, the te(t of the
act as #assed and a##roved is deemed im#orting absolute
veracity and is binding on the courts. "t is conclusive not only
of its #rovisions but also of its due enactment.
"f there has been any mista;e in the #rinting of the bill before it was
certified by the officer of the assembly and a##roved by the chief
e(ecutive, the remedy is by amendment by enacting a curative
legislation, not by judicial decree Casco 5hil. Chemical Co., "nc. v.
.imene1!
@here there is discre#ancy between the journal and the enrolled bill,
the latter as a rule #revails over the former, #articularly with res#ect to
matters not e(#ressly re2uired to be entered in the journal.
E. 4he legislative journals and the enrolled bill are both conclusive
u#on the courts. ?owever, where there is discre#ancy, the
enrolled bill as a rule #revails, #articularly with res#ect to
matters not e(#ressly re2uired to be entered into the legislative
journal.
L. @"4?<RA@AL 83 A/4?7)4"CA4"8), 7337C4 83
4he S#ea;er and the Senate 5resident may withdraw their signatures
from the signed bill where there is serious and substantial discre#ancy
between the te(t of the bill as deliberated and shown by the journal
and that of the enrolled bill. "t thus, renders the bill without attestation
and nullifies its status as an enrolled bill.
4he court can declare that the bill has not been duly enacted and did
not accordingly become a law Astorga v. Villegas!.

""". PARTS OF STATUTES
A. 4itle$ every bill #assed shall embrace only one subject which
shall be e(#ressed in the title. 4his #rovisions contains dual
limitations u#on the legislature$
%. 4he legislature is to refrain from conglomeration, under one
statute, of heterogeneous subjects.
&. 4he title of the bill is to be couched in a language sufficient
to notify the legislators and the #ublic and those concerned
of the im#ort of the single subject thereof.
'. 5ur#ose of one title:one subject rule$
a! 4o #revent hodge:#odge or log:rolling legislation
b! 4o #revent sur#rise or fraud u#on legislature, by means
of #rovisions in bills of which the title gave no
information, and which might therefore be overloo;ed
and carelessly and unintentionally ado#ted
c! 4o fairly a##rise the #eo#le through such #ublication of
legislative #roceedings as is usually made, of the
subjects of the legislation that are being heard thereon
*. 4hese re2uirements should be liberally construed 5eo#le v.
0uenviaje!. "t should not be given a technical
inter#retation, nor narrowly construed as to cri##le or
im#ede the #ower of legislation 4obias v. Abalos!.
Cordero vs. Cabatuando!
+. 4itle of the statute is used as a guide in ascertaining
legislative intent when the language of the act does not
clearly e(#ress its #ur#ose.
,. @hen there is doubt as to whether the title sufficiently
e(#resses the subject matter of the statute, the 2uestion
should be resolved against the doubt and in favor of the
constitutionality of the statute "nsular Lumber vs. Court of
4a( A##eals!
)ote$ 4here is sufficient com#liance with the one:title:subject
re2uirement
a! if the title be com#rehensive enough to reasonably
include the general object which a statute see;s to
effect, without each and every end and means
necessary or convenient for accom#lishing the subject.
b! if all #arts of the law are related and germane to the
subject matter e(#ressed in the title.
c! "f the title indicates in broad or clear terms, the nature,
sco#e, and conse2uences of the law and its o#erations.
d! 4he tile should not be catalogue or inde( of the bill
5eo#le v. 3errer!.
-. 4itles ending with Dand for other #ur#osesF e(#resses
nothing as a com#liance with the constitutional
re2uirement.
>. @?7) R7G/"R7M7)4 )84 A55L"CA0L7
"t does not a##ly to laws in force e(isting at the time the %6'+
Constitution too; effect 5eo#le v. Valensoy!, nor to munici#al or city
ordinances because they do not #arta;e of the nature of laws #assed by
the legislature.
6. 7ffect #f insufficiency of title
a! A statue whose title does not conform to the one title:
subject or is not related to its subject is null and void.
b! "f subject matter of statute is not sufficiently e(#ressed
in its title, only the une(#ressed subject matter is void
leaving the rest in force.
0. E!a#t"!( C%ase: #art of the statute written immediately after
the title thereof which states the authority by which the act is
enacted
C. P$eam)%e* #refatory statement or e(#lanation or a finding of
facts, reciting the #ur#ose, reason, or occasion for ma;ing the
law to which it is #refi(ed. Laws #assed by legislature seldom
contain the #reamble because the statement embodying the
#ur#ose, reason, etc is contained in the e(#lanatory note.
5residential decrees and 7(ecutive 8rders generally have
#reambles.
<. P$+"e, o$ )o&y of a statute$ #art which tells what the law is
all about.
)ote$ A com#le( and com#rehensive #iece of legislation usually
contains$ a short title, a #olicy section, definition section,
administrative section, sections #rescribing standards or conduct,
section im#osing sanctions for violation of its #rovisions, transitory
#rovision, se#arability clause, re#ealing clause, and effectivity clause.
4he constitutional re2uirement that a bill should have only one subject
matter which should be e(#ressed in its title is com#lied with where the
#rovisions thereof, no matter how diverse they may be, are allied and
germane to the subject, or negatively stated, where the #rovisions are
not inconsistent with, but in furtherance of, the single subject matter
5eo#le v. Carlos!.
Se-a$a)"%"ty C%ase* #art of a statute,
which states that if any #rovision of the act
is declared invalid, the remainder shall not
be affected thereby. Such clause is not
controlling and the courts may, in s#ite of
it, invalidate the whole statute where what
is left, after the void #art, is not com#lete
and wor;able.
II. PRESI.ENTIAL ISSUANCES/ RULES AN. OR.INANCES
A. Presidential Issuances: those which the 5resident issues in
the e(ercise of his ordinance #ower, which have the force and
effect of law. 4hey include$
0. Administrative orders- acts of the 5resident which relate to
the #articular as#ects of governmental o#erations in #ursuance
of his duties as administrative head.
C. Proclamations- acts of the 5resident fi(ing a date or declaring
a statute or condition of #ublic moment or interest, u#on the
e(istence of which the o#eration of a s#ecific law or regulation
is made to de#end.
<. Memorandum Orders- acts of the 5resident on matters of
administrative detail or of subordinate or tem#orary interest
which only concern a #articular officer or office of the
government.
7. Memorandum Circulars- acts of the 5resident on matters
relating to internal administration which the 5resident desires
to bring to the attention of all or some of the de#artments,
agencies, bureaus, or offices of the government, for information
or com#liance.
3. General or specific orders- acts and commands of the
5resident in his ca#acity as Commander:in=Chief of the Armed
3orces of the 5hili##ines.
.. Executive Orders: acts of the 5resident #roviding for rules of
a general or #ermanent character in the im#lementation or
e(ecution of constitutional or statutory #owers, which do not
have the force of statutes.
III. SUPREME COURT CIRCULARS0 RULES AN. REGULATIONS
A. 4he rule ma;ing #ower of the Su#reme Court includes the
#ower to re#eal #rocedural lawsH #arts of statues which deal
with #rocedural as#ects can be modified or re#ealed by the SC
by virtue of its constitutional rule:ma;ing #ower. SC does not
have the #ower to #romulgate rules which are substantive in
nature9 rules #romulgated by them must o#erate only as to
regulate #rocedure. "f it o#erates as a means of im#lementing
an e(isting right then the rules deals merely with #rocedure.
0. Rules and regulations issued by administrative or e(ecutive
officers, in accordance with and as authori1ed by law have the
same force and effect of law or #arta;e the nature of a statute,
C. "n case of discre#ancy or conflict between the basic law and the
regulations issued to im#lement it, the former #revails over the
latter @ise I Co. v. Meer!. 3or it is elementary #rinci#le in
statutory construction that a statute is su#erior to an
administrative regulation and the former cannot be re#ealed or
amended by the latter China 0an;ing Cor#. v. C.A.!.
<. 4he rule:ma;ing #ower of a #ublic administrative agency is a
delegated legislative #ower.
7. 4he #ower to fill:in details in the e(ecution, enforcement or
administration of law, it is essential that the said law a! be
com#lete in itself: it must set forth therein the #olicy to be
e(ecuted, carried out or im#lemented by the delegate9 b! fi( a
standard: the limits of which are sufficiently determinable:to
which the delegate must conform in the #erformance of his
functions, mar;s its limits and ma#s out its boundaries.
3. A statutory grant of #owers should not be e(tended by
im#lication beyond what may be necessary for their just and
reasonable e(ecution. "t is a(iomatic that a rule or regulation
must bear u#on, and be consistent with, the #rovisions of the
enacting statute if such rule or regulation is to be valid.
.. @hen an administrative agency #romulgates rules and
regulations, it Jma;esK a new law with the force and effect of a
valid law, which are binding on the courts. @hen it renders an
o#inion or gives a statement of #olicy, it merely inter#rets a
#ree(isting law9 it is only advisory, for it is the courts that
finally determine what the law means.
?. 0aranggay ordinance$
Sangguniang barangay: smallest legislative body9 may #ass an
ordinance affecting a barangay by a majority vote of all its
members. "ts ordinance is subject to review by sangguniang bayan
or #anlungsod, to determine if it is in accordance with munici#al or
city ordinance. Sangguniang 0ayan or #anlungsod shall ta;e action
on the ordinance within '= days from submission.
". Munici#al 8rdinance
Sangguniang Bayan: affirmative vote of a majority of the members of
the sangguniang bayan, there being a 2uorum. 8rdinance is then
submitted to the munici#al mayor, who within %= days from recei#t
shall return it with his a##roval or veto. 4he ordinance is then
submitted to sangguniang #anlalawigan for review, who within '= days
may invalidate it in whole or in #art.
C. City 8rdinance
Sangguniang panlungsod- affirmative vote of a majority of the
members of the sangguniang #anlungsod #resent, and there being a
2uorum. A##roved ordinance shall be submitted to the mayor, who
withn %= days shall return it with a##roval or his veto. 4he
Sangguniang may re#ass a vetoed ordinance. "f the city is a com#onent
city, the a##roved ordinance is submitted to the Sanguniang
#anlalawigan, who shall act within '= days.
E. 5rovincial 8rdinance
Sangguniang panlalawigan- by a vote of a majority of the members
#resent, there being a 2uorum, enact ordinance that will affect the
#rovince. 4he ordinance is forwarded to the governor who, within %+
days, shall return it with his a##roval or veto. A vetoed ordinance may
be re#assed by two:thirds vote.
IV. VALI.ITY
A. 7very statute is #resumed valid. 4o declare a law
unconstitutional, the re#ugnancy of the law to the Constitution
must be clear and une2uivocal. 4o stri;e down a law, there
must be a clear showing that what the fundamental law
condemns or #rohibits, the statute allows it to be done.
0. All reasonable doubts should be resolved in favor of the
constitutionality of law. 4o doubt is to sustain.
C. 4he final authority to declare a law unconstitutional is the SC en
banc by the Dconcurrence of a majority of the Members who
actually too; #art in the deliberations.F
<. 4rial courts have jurisdiction to initially decide the issue of
constitutionality of a law in a##ro#riate cases.
7. 0efore the court may resolve the 2uestion of constitutionality,
the following re2uisites should be #resent$
%. 7(istence of an a##ro#riate case H actual case
&. An interest #ersonal and substantial by the #arty raising the
constitutionality
'. 4he #lea that the function be e(ercised at the earliest
o##ortunity
*. 4he necessity that the constitutional 2uestion be #assed
u#on in order to decide the case.
3. Legal Standing locus Standi!: a #ersonal and substantial
interest in the case such that the #arty has sustained or will
sustain direct injury as a result of the governmental act that is
being challenged.
.. ?ow a citi1en ac2uires standing$
%. ?e has suffered some actual or threatened injury as a
result of the allegedly illegal conduct of government
&. "njury is fairly traceable to the challenged action.
'. "njury is li;ely to be redressed by a favorable action
?. 4a( #ayers legal standing$
%. @hen it is established that #ublic funds have been
disbursed in alleged contravention of the law or the
constitution, or in #reventing the illegal e(#enditure of
money raised by ta(ation.
&. ?e will sustain a direct injury as a result of the enforcement
of the 2uestioned statute.
". 4he SC may ta;e cogni1ance of a suit which does not satisfy
the re2uirements of legal standing9 the Court has ado#ted a
liberal attitude on the locus standi of a #etitioner where the
#etitioner is able to craft an issue of transcendental significance
to the #eo#le or #aramount im#ortance to the #ublic.
C. Constitutionality must be raised at the earliest #ossible time. "f
the 2uestion is not raised in the #leadings, ordinarily it may not
be raised at the trial, and if not raised in the trial, it will not be
considered in a##eal.
E. 7(ce#tions$
%. the 2uestion may raised in a motion for reconsideration or
new trial in the lower court, where the statute sought to be
invalidated was not in e(istence when the com#laint was
filed or during the trial
&. the 2uestion of validity may also be raised in criminal cases
at any stage of the #roceedings.
'. "n civil cases where it a##ears clearly that a determination
of the 2uestion is necessary to a decision and incases
where it involved the jurisdiction of the court below.
L. 4est of constitutionality
A stature may be declared unconstitutional because$
%. it is not within the legislative #ower to enact
&. or it creates or establishes methods or forms that infringe
constitutional #rinci#les
'. its #ur#ose or effect violates the constitution
*. it is vague. "t is vague when it lac;s com#rehensive
standards that men of common intelligence must
necessarily guess at its meaning and differ in its
a##lication.
+. 4he change of circumstances or conditions may affect the
validity of some statues, s#ecially those so:called
emergency laws designed s#ecifically to meet certain
contingencies.
M. @ith res#ect to ordinances, the test of validity are$
%. Must not contravene the constitution or any statute
&. Must not be unfair or o##ressive
'. Must not be #artial or discriminatory
*. Must not #rohibit but may regulate trade
+. Must be general and consistent with #ublic #olicy
,. Must not be unreasonable
). 7ffects of unconstitutionality
%. 4he general rule is that an unconstitutional act is not a law.
a! it confers no rights.
b! it afford no #rotection
c! it im#oses no duties
d! it creates no office
e! it is ino#erative as though it had never been #assed.
&. Regard should be had to what has been done while the
statute was in o#eration and #resumed to be valid. ?ence,
its o#erative fact before a declaration of nullity must be
recogni1ed.
'. 4here are two view on the effects of a declaration of the
unconstitutionality of a statute$
(a) O$tho&o1 V"e, :: An unconstitutional law confers no
right, is not a law, im#oses no duties, affords no
#rotection9 in legal contem#lation, it is ino#erative, as if
it had not been #assed.
(b) Mo&e$! V"e, -- 4he court in #assing u#on the
2uestion of constitutionality does not annul or re#eal
the statute if it is unconstitutional, it sim#ly refuses to
recogni1e it and determines the rights of the #arties
just as if the statute had no e(istence. "t does not
re#eal, su#ersede, revo;e or annul the statute. 4he
#arties to the suit are concluded by the judgment, but
no one else is bound.
8. "nvalidity due to change of conditions
4he general rule as to the effects of unconstitutionality of a statute is
not a##licable to a statute that is declared invalid because of the
change of circumstances affecting its validity. "t becomes invalid only
because the change of conditions ma;es its continued o#eration
violative of the Constitution, and accordingly, the declaration of its
nullity should affect only the #arties involved in the case, and its effects
a##lied #ros#ectively.
5. 5artial "nvalidity
4he general rule is that where #art of a statute is void as re#ugnant to
the Constitution, while another #art is valid, the valid #ortion, if
se#arable from the invalid, may stand and be enforced
)ote$ 7(ce#tions to this rule$ when the #arts are so mutually
de#endent and connected. 4he #resence of se#arability clause creates
the #resum#tion that the legislature intended se#arability, rather than
com#lete nullity of the statute.
V. EFFECT AN. OPERATION
A. @hen laws ta;e effect
1. Art & of the Civil Code #rovides that DLaws shall take effect
after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise
proided!"
2. All laws or statutes, including those of local a##lication and
#rivate law shall be #ublished as a condition for their
effectivity 4aLada v. 4uvera!, otherwise it would violate
the due #rocess clause of the constitution.
'. 4he general rule is that where the law is silent as to its
effectivity, or where it #rovides that it shall ta;e effect
immediately or u#on its a##roval, such law shall ta;e effect
after %+ days from its #ublication in the 8fficial .a1ette.
*. 4he com#letion of #ublication, from which date the #eriod
of #ublication will be counted, refers to the date of release
of the 8... or news#a#er for circulation and not to its date,
unless the two dates coincide.
+. 4he re2uirement of #ublication as a condition for the
effectivity of statues a##lies to 5residential "ssuances,
e(ce#t those which are merely inter#retative or internal in
nature not concerning the #ublic.
0. @hen #residential issuance, rules, and regulations ta;e effect
%. 4he re2uirement of #ublication also a##lies to 5residential
issuances.
7(ce#tions$ those which are merely inter#retative or internal in
nature not concerning the #ublic.
&. Rules and regulations of administrative and e(ecutive
officers are of two ty#es$
a! @hose #ur#ose is to im#lement or enforce e(isting law
#ursuant to a valid delegation or to fill in the details of
a statute9 whether they are #enal or non:#enal9 this
re2uires #ublication.
b! those are merely inter#retative in nature or merely
internal in character not concerning the #ublic, does not
need #ublication.
'. "n addition, the %6>- Administrative Code #rovides that
a! 7very agency shall file with the /.5. Law center three
co#ies of every rule ado#ted by it. Rules in force on the
date of effectivity of this Code which are not filed within
' months from that date shall not be the basis of any
sanction against any #arty or #ersons.
b! 7ach rule shall become effective %+ days from the date
of filing as above #rovided unless a different date is
fi(ed by law, or s#ecified in the rule in cases of
imminent danger to #ublic health, safety and welfare.
*. 5ublication and filing re2uirements are indis#ensable to the
effectivity of rules and regulations, e(ce#t when the law
authori1ing its issuance dis#enses the filing re2uirements.
C. @hen local ordinance ta;e effect.
1. Local ordinance shall ta;e effect after %= days from the
date a co#y thereof is #osted in a bulletin board at the
entrance of the #rovincial ca#itol or city, munici#al, or
barangay hall, as the case may be, and in atleast two other
cons#icuous #laces in the local government unit.
&. the secretary to the sanggunian shall cause the #osting of
the ordinance within + days after its a##roval.
'. 4he gist of all ordinances with #enal sanctions shall be
#ublished in a news#a#er of general circulation, within the
#rovince where the local legislative body concerned
belongs.
*. "n case of highly urbani1ed and inde#endent com#onent
cities, the main feature of the ordinance or resolution duly
enacted or ado#ted shall, in addition to being #osted, be
#ublished once in a local news#a#er of general circulation
within the city.
+. /nless a statute is by its #rovisions for a limited #eriod
only, it continues in force until changed or re#ealed by the
legislature. Law once established continues until changed
by some com#etent legislative #ower. "t is not changed by
change of sovereignty.
<. Manner of com#uting time$
%. @here a statute re2uires the doing of an act within a
s#ecified number of days, such as ten days, from notice, "t
means %= calendar days and not wor;ing days.
&. @here the word Dwee;F is used as a measure of time and
without reference to the calendar, it means a #eriod of
seven consecutive days without regard to the day of the
wee; from which it begins 5)0 v. C.A!.
a! Mear$ ',+ days
b! months$ '= days e(ce#t if the months are designated
by their name
c! days$ &* hours
d! nights$ from sunrise to sunset
e! wee; :: a #eriod of - consecutive days without regard
to the day of the wee; from which it begins.
'. Civil code ado#ts the ',+ day year and the '=:day month
and not the calendar year not the solar month.
*. 4he e(clude: the Nfirst and include the last day rule
governs the com#utation of a #eriod. "f the last day falls on
a Sunday or legal holiday, the act can still be done the
following day. 4he #rinci#le does not a##ly to the
com#utation of the #eriod of #rescri#tion of a crime, in
which the rule is that if the last days in the #eriod of
#rescri#tion of a felony falls on a Sunday or legal holiday,
the information concerning said felony cannot be filed on
the ne(t wor;ing day, as the offense has been by then
already #rescribed.
CHAPTER 2
Co!st$#t"o! a!& I!te$-$etat"o!
I. .ef"!"t"o! of Co!st$#t"o!
"t is the art or #rocess of discovering and e(#ounding the meaning and
intention of the authors of the law, where that intention is rendered
doubtful by reason of the ambiguity in its language or the fact that the
given case is not e(#licitly #rovided for in the law.
"t is the drawing of warranted conclusions res#ecting subjects that lie
beyond the direct e(#ression of the te(t, conclusions which are in the
s#irit, though not within the letter of the te(t.
II. ."ffe$e!#e )et,ee! #o!st$#t"o! a!& "!te$-$etat"o!
A. "nter#retation N art of finding the true meaning and sense of
any form of words
B. Construction N #rocess of drawing warranted conclusions
res#ecting subjects that lie beyond the direct e(#ressions or
determining the a##lication of words to facts in litigation.
)ote$ Although there is technical distinction between the two, they are
ali;e in #ractical results. "n #ractice and common usage, they have the
same signification.
III. R%es of #o!st$#t"o!/ (e!e$a%%y
A. Rules of construction are tools used to ascertain the legislative
intent because in enacting a statute, the legislature is
#resumed to ;now the rules of statutory construction.
B. @hen there is ambiguity in the language of a statute, the rules
of statutory construction is em#loyed by the courts in order to
ascertain the true intent and meaning of the law.
C. Rules of statutory construction have no binding effect on the
courts. 4hey are only used to clarify, not to defeat, legislative
intent.
IV. P$-ose o$ o)3e#t of #o!st$#t"o!
A. Cardinal rule in inter#retation$ to ascertain, and give effect to,
the intent of law.
B. 4he sole object of all judicial inter#retation of a statute is to
determine legislative intent, what intention is conveyed, wither
e(#ressly or im#liedly.
V. Le("s%at"+e "!te!t/ (e!e$a%%y
A. "t is the essence of the law.
B. "t is the s#irit, which gives life to legislative enactment. "ntent
must be enforced when ascertained, although it may not be
consistent with the strict letter of the statute.
C. 4?/S, @?7R7 A S4A4/47 "S S/SC754"0L7 83 M8R7 4?A)
8)7 C8)S4R/C4"8) 4?A4 C8)S4R/C4"8) S?8/L< 07
A<8547< @?"C? @"LL M8S4 47)< 48 ."V7 7337C4 48 4?7
MA)"37S4 ")47)4 83 4?7 L7."SLA4/R7 /S vs. 4oribio!.
D. "ntent is e2uated with the words$ #ur#ose, meaning and s#irit.
VI. Le("s%at"+e -$-ose
A. 4he reason why a #articular statue was enacted.
B. Legislation defined
"t is an active instrument of government, which, for #ur#oses of
inter#retation, means that laws have ends to be achieved.
C. Statutes should be so construed so as not to defeat but to carry
out such ends and #ur#oses. Lite( 7m#loyees Assn v.
7duvala!.
VII. Le("s%at"+e mea!"!(
A. "t is what the law, by its language, means. @hat it
com#rehends, covers or embraces, limits and confines are.
B. Legislative intent and meaning are synonymous. 4hus$ "3
4?7R7 "S AM0"./"4M ") 4?7 LA)./A.7 /S7< ") 4?7
S4A4/47, "4S 5/R58S7< MAM ")<"CA47 4?7 M7A)"). 83 4?7
LA)./A.7 A)< L7A< 48 @?A4 4?7 L7."SLA4"V7 ")47)4 "S.
C. 4he courts, by judicial construction will give effect to such
intent.
VIII. Matte$s "!4"$e& "!to "! #o!st$"!( a statte
%. ascertain the intention or meaning of the statute internal
element!
&. see whether the intention or meaning has been e(#ressed
in such a way as to give it legal effect and validity e(ternal
element!
)ote$ Legal act then o$"("!ates "! "!te!t"o! and is -e$fe#te& )y
e1-$ess"o!. 3ailure of the latter may defeat the former.
IX. So$#e of %e("s%at"+e "!te!t
A. 5rimary source$ statute itself.
%. L7."SLA4"V7 ")47)4 M/S4 07 <"SC8V7R7< 3R8M 4?7
38/R C8R)7RS 83 4?7 LA@ Regalado vs. Mulo!
&. @here the words and #hrases of a statute are not obscure
or ambiguous, its meaning and the intention of the
legislature must be determined from the language
em#loyed. 0.7. San <iego, "nc. vs. CA!
B. 8ther sources$
%. #ur#ose of the statute
&. the reason or cause which induced the enactment of the
law
'. the mischief to be su##ressed
*. the #olicy which dictated its #assage.
C. "f these sources fail, the court may loo; into the effect of the
law.
)ote$ Cudicial legislation N ha##ens when the court loo;s into the
effect of the law without ascertaining the other sources of legislative
intent.
X. Co!st$#t"o! "s a 3&"#"a% f!#t"o!
A. 4he #ower and duty to inter#ret or construe a statue or the
Constitution belong to the judiciary.
B. A Su#reme Court construes the a##licable law in controversies
which are ri#e for judicial resolution..
C. Moot and academic cases N cases wherein$
%. #ur#ose has become stale
&. where no #ractical relief can be granted
'. which have no #ractical effect
D. 4he court may nonetheless resolve a moot case where #ublic
interest re2uires its resolution.
E. Laws are not inter#reted in a vacuum, they are always decided
based on facts. 4hus, DLA@S AR7 ")47R5R747< AL@AMS ")
4?7 C8)47O4 83 4?7 57C/L"AR 3AC4/AL S"4/A4"8) 83 7AC?
CAS7. 4?7 C"RC/MS4A)C7 83 4"M7, 5LAC7, 7V7)4, 57RS8)
A)< 5AR4"C/LARLM A447)<A)4 C"RC/MS4A)C7S S?8/L< 07
4AE7) ") 4?7"R 484AL"4M S8 4?A4 C/S4"C7 CA) 07
RA4"8)ALLM A)< 3A"RLM <"S57)S7<F 5hili##ines 4oday, "nc
vs. )LRC!.
XI. Le("s%at$e #a!!ot o+e$$%e 3&"#"a% #o!st$#t"o!
A. Legislature may indicate its construction of a stature in the
form of a resolution or declaratory act 0/4 it has no #ower to
overrule the inter#retation or construction of a statute or the
constitution by the Su#reme Court, for inter#retation is a
judicial function assigned to the latter by the fundamental law.
B. Reason$ 0ecause of the #rinci#le of se#aration of #owers. 4he
legislature may enact and ma;e laws but as to inter#retation
and a##lication of said laws belong e(clusively to the judicial
de#artment.
XII. Whe! 3&"#"a% "!te$-$etat"o! may )e set as"&e*
%. 4he Su#reme Court itself may, in a##ro#riate case, change
or overrule its #revious construction.
&. 4he rule that Su#reme Court has the final word in the
inter#retation of a statue merely means that the legislature
cannot, by law or resolution, modify or annul the judicial
construction without modifying or re#ealing the very statute
which has been the subject of construction.
XIII. Whe! #o$t may #o!st$e statte*
A. 4here must be doubt or ambiguity in its language. 8)LM
S4A4/47S @"4? A) AM0"./8/S 8R <8/043/L M7A)"). MAM
07 4?7 S/0C7C4 83 S4A4/48RM C8)S4R/C4"8). <aong vs.
Munici#al Cudge!
B. Ambiguity N a condition of admitting two or more meanings, of
being understood in more than one way or of referring to two
or more things at the same time.
XIV. Co$t may !ot #o!st$e ,he$e the statte "s #%ea$.
A. Construction or inter#retation comes only after it has been
demonstrate that a##lication is im#ossible or inade2uate
without it. "t is the last function the court should e(ercise, for
if there is more a##lication and less construction, there would
be more stability in law.
B. Court may not construe a statute that is clears and free from
doubt. @?7) 4?7 LA@ "S CL7AR, 4?7R7 "S )8 R88M 38R
")47R5R74A4"8). 4?7R7 "S 8)LM R88M 38R A55L"CA4"8)
Cebu 5ortland Cement Co. vs. Munici#ality of )aga!
C. 3idelity to such tas; #recludes construction and inter#retation,
unless a##lication is im#ossible or inade2uate without it.
D. @hen the law is free from ambiguity, the court may not engraft
into the law 2ualifications not contem#lated.
E. A meaning that does not a##ear nor is intended or reflected in
the very language of the statute cannot be #laced therein by
construction.
F. "t is a #rinci#le in statutory construction that where the two
statutes that a##lies in a #articular case, that which was
s#ecifically designed for the said case must #revail over the
other. La#id vs. CA!
XV. R%"!(s of the S-$eme Co$t as -a$t of the %e(a% system.
A. Legis inter#retato legis vim obtinet Nauthoritative inter#retation
of the Su#reme Court or a statute ac2uires the force of law by
becoming a #art thereof.
B. Rulings of the SC are laws in their own right because they
inter#ret what the law say or mean.
C. Stare decisis et non 2uieta novere N rulings of the su#reme
court, until reversed, are binding u#on inferior courts.
OV". Cudicial rulings have no retroactive effect
A. Cudicial ruling cannot be given a retroactive effect because
dong so will im#air vested rights. )or may judicial ruling
overruling a #revious one be a##lied retroactively so as to
nullify a right which arose under the #revious ruling before its
abandonment
0. Le( #ros#icit, non res#icit the law loo;s forward not bac;ward!
N Art. * of the civil code.
C. 4he Su#reme Court may abandon or overrule its earlier decision
construing a statute whenever it is right and #ros#er to do so.
<. )o doctrine or #rinci#le of law laid down by the Court in a
decision rendered en banc or in division may be modified or
reversed e(ce#t by the court sitting en banc. Said ruling must
be a##lied #ros#ectively.
7. 4he inter#retation of a statute by the Su#reme Court remains
to be #art of the legal system until the latter overrule it and the
new doctrine overruling the old is a##lied #ros#ectively in favor
of the #ersons who have relied thereon in good faith.
XVI. COURT MAY ISSUE GUI.ELINE IN CONSTRUING STATUTE
NOT TO ENLARGE OR RESTRICT IT 'UT TO CLEARLY
.ELINEATE WHAT THE LAW RE5UIRES e(. Case of 5eo#le
vs. 3errer where the court issued guidelines for #rosecution
under the Anti:Subversion Law!.
XVII. LIMITATIONS ON THE POWER TO CONSTRUE*
%. Courts may not enlarge nor restrict statutes doing so
would be considered law ma;ing!.
a! Courts may not revise even the most arbitrary and
unfair action of the legislature
b! Courts may not rewrite the law to conform with what
they thin; should be the law.
c! Courts may not inter#ret into the law a re2uirement
which the law does not #rescribe.
&. Courts must not be influenced by 2uestions of wisdom.
a! 4hey must not #ass u#on 2uestions of wisdom, justice,
or e(#edience of legislation, for it is not within their
#rovince to su#ervise legislation.
b! As long as laws do not violate the constitution, the
courts merely inter#ret and a##ly them regardless of
whether or not they are wise or salutary.
c! Guestions regarding wisdom, morality or #racticability
of statutes are not addressed to the judiciary by may
be resolved only the legislative and e(ecutive
de#artments.
CHAPTER 6
". GENERALLY $ @here the meaning of a statute is ambiguous,
the court may avail itself of all legitimate aids to construction in
order that it can ascertain the true intent of the statue.
"". THE TITLE OF THE STATUTE
%. "t serves as aid in case of doubt in its language, to its
construction and ascertaining legislative will.
&. /sed by the court to clear the obscurity.
'. An aid when there is doubt as to the meaning of the law.
""". WHEN THE TE7T OF THE STATUTE IS CLEAR AN. FREE
FROM .OU'T/ IT IS IMPROPER TO RESORT TO ITS TITLE
TO MA8E IT O'SCURE.
"V. PREAM'LE
%. that #art of the statute written immediately after its title,
which states the #ur#ose, reason or justification for the
enactment of the law.
&. 7(#ressed in the J@hereas ClauseK
'. /sually omitted in statutes made by the congress. "n its
#lace, these legislative bodies used the e(#lanatory note to
e(#lain the reasons for the enactment of statutes.
*. )ot an essential #art of a statute.
a! 4hus, where the meaning if a statute is clear and
unambiguous, the #reamble can neither e(#and nor
restrict its o#eration, much less #revail over its te(t.
b! "t cannot be used as basis for giving a statute a
meaning not a##arent on its face.
+. "t may clarify ambiguities thus it is the ;ey of the statute!
,. "t may e(#ress the legislative intent to ma;e the law a##ly
retroactively, in which case the law has to be given
retroactive effect, so as to carry out such intent 5)0 v.
8ffice of the 5resident!.
V. CONTE7T OF WHOLE TE7T
Legislative intent should accordingly be ascertained from a
consideration of the whole conte(t of the stature and not from an
isolated #art of #articular #rovision Aboiti1 Shi##ing Cor#. v. City of
Cebu!.
4he best source from which to ascertain the legislative intent is the
statute itself N the words, #hrases, sentences, sections, clauses,
#rovisions N ta;en as a whole and in relation to one another.
Commissioner of "nternal Revenue v. 4MO Sales!.
V". PUNCTUATION MAR8S$ aids of low degree and can never
control the intelligible meaning of written words9 may be used
to clear ambiguities.
5unctuation mar;s are aids of low degree and can never control against
the intelligible meaning of written word. 4he reason is that #unctuation
mar;s are not #art of a stature9 nor are they #art of the 7nglish
language 3eliciano v. A2uino!.
A. Semi:colon N indicates a se#aration in the relation of the
thought, a degree greater than that e(#ressed by a comma.
Ma;es the difference being that the semi:colon ma;es the
division a little more #ronounced
B. Comma N also se#arates the #arts and sentences, but less
#ronounced than the comma.
C. 5eriod N used to indicate the end of a sentence.
)ote$ An argument based u#on #unctuation alone is not #ersuasive,
and the courts will not hesitate to change the #unctuation when
necessary, to give the statute the effect intended by the legislature.
V"". CAPITALI9ATION OF LETTERS N also an aid of low degree in
the construction of statute.
V""". HEA.NOTES OR EPIGRAPHS N convenient inde( to the
content of its #rovisions.
a! "n case of doubt or ambiguity in the meaning of the law
or the intention of the legislature, they may be
consulted in aid or inter#retation.
b! 4hey are not #art of the law thus, they can never
control the #lain terms of the enacting clauses.
c! @hen the te(t of the statute is clear and unambiguous,
there is neither necessity nor #ro#riety to resort to
headings and e#igra#hs for the inter#retations of the
te(t.
d! 4hese secondary aids may be consulted to remove, but
not to create, doubt nor to limit or control the #lain
language of the law.
"O. LINGUAL TE7T
A. 5hili##ines laws are official #romulgated either in$
%! 7nglish
&! S#anish
'! 3ili#ino
*! 8r either in two such languages
0. Rules$
a! if te(t is in 7nglish and S#anish, 7nglish te(t shall
govern.
b! 0ut in case of ambiguity, omission, or mista;e, the
S#anish te(t may be consulted to e(#lain the 7nglish
te(t.
c! "f statute is officially #romulgated in S#anish, 7nglish or
in 3ili#ino with translations into other languages, the
language in which it is written #revails over its
transaction.
d! "n the inter#retation of a law or administrative issuance
#romulgated in all the official languages 3ili#ino!, the
7nglish te(t shall control, unless otherwise s#ecifically
#rovided. "n case of ambiguity, omission or other
mista;e, the other te(ts may be consulted.
O. INTENT OR SPIRIT OF THE LAW
A. 4he intent or s#irit of the law is the law itself, thus the
legislative intent is the controlling factor, the leading star and
the guiding light in the a##lication and inter#retation of a
statute.
0. 4he s#irit rather than the letter of a stature determines its
construction.
C. "f legislative intent is not e(#ressed in the law, the courts
cannot by inter#retation s#eculate as to an intent and su##ly a
meaning not found in the #hraseology of the law. 4hey cannot
assume an intent, otherwise, they would be usur#ing legislative
#ower.
O". 5olicy of law.
A. 4he #olicy of the law, once ascertained should be given effect
by the judiciary.
0. "n order to accom#lish this, a statue of a doubtful meaning
must be given a construction that will #romote #ublic #olicy.
C. A construction which would carry into effect the evident #olicy
of the law should be ado#ted in favor of that inter#retation
which would defeat it.
O"". PURPOSE OF THE LAW OR MISCHIEF TO E' SUPPRESSE..
A. 4he following factors must be considered in the construction of
a law$
%. the #ur#ose or object of the law
&. mischief intended to be removed or su##ressed
'. causes which induced the enactment of the law.
0. 4he #ur#ose of a statute is more im#ortant than rules of
grammar and logic in ascertaining its meaning.
O""". .ICTIONARIES
A. 4he courts may consult dictionaries, legal, scientific or general
as aid in determining the meaning of words or #hrases in a
statute if said statutes does not define the word and #hrases
used therein.
0. ?owever, these definitions are not binding
O"V. CONSE5UENCES OF VARIOUS CONSTRUCTIONS
"n construing a statute, the objective should always be to arrive at a
reasonable and sensible inter#retation that is in full accord with the
legislative intent. As a general rule, a construction of a statute should
be rejected that will cause
%. injustice or hardshi#9
&. result in absurdity9
'. defeat legislative intent or s#irit9
*. #reclude accom#lishment of legislative #ur#ose or object9
+. render certain words or #hrases a sur#lusage9
,. nullify the statute or ma;e any of its #rovision nugatory.
OV. PRESUMPTIONS
A. "n construing a statue, the court may #ro#erly rely on
#resum#tions as to legislative intent in order to resolve doubts
as to its correct inter#retation.
0. 5resum#tion are based on$
%. logic
&. e(#erience
'. common sense
C. 4hese #resum#tions include #resum#tions in favor of$
%. constitutionality of a statute
&. of its com#leteness
'. of its #ros#ective o#eration
*. of right and justice,
+. of its effect, sensible, beneficial and reasonable o#eration
as a whole,
,. as well as those against im#ossibility, absurdity, injustice
and hardshi#, inconvenience and ineffectiveness.
OV". LEGISLATIVE HISTORY
@?7R7 A S4A4/47 "S S/SC754"0L7 83 S7V7RAL ")47R5R74A4"8)S
8R @?7R7 4?7R7 "S AM0"./"4M ") "4S LA)./A.7, 4?7R7 "S )8
07447R M7A)S "3 ASC7R4A")"). 4?7 @"LL A)< ")47)4"8) 83 4?7
L7."SLA4/R7 4?A) 4?A4 @?"C? "S A338R<7< 0M 4?7 ?"S48RM 83
4?7 S4A4/47.
OV"". WHAT CONSTITUTES LEGISLATIVE HISTORY
A. all antecedents from the statutes ince#tion until its enactment
into law.
a! "ncludes the #residents message if bill was enacted in
res#onse thereto
b! 7(#lanatory note accom#anying the bill
c! Committee re#orts of legislative investigations
d! 5ublic hearings on the subject of the bill
e! S#onsorshi# s#eech
f! <ebates and deliberations concerning the bill
g! Amendments and changes in #hraseology it has
undergone before final a##roval.
0. "f statute is a revision of #rior statute, the latterKs #ractical
a##lication and judicial construction amendments it underwent
and contem#orary events during the time of its enactment shall
form #art of its legislative history.
C. 3oreign statute, history includes$
%! history of Anglo:American #recedents or other foreign sources
&! their #ractical a##lication and the decision of the courts
construing and a##lying such #recedents in the country of
origin.
<. 5residentKs message to the legislature
%. 5residentKs address State of the )ation Address! N address
to the Congress at the o#ening of the regular session.
Contains$
a! #ro#osed legislative measures
b! indicates the #residentKs thin;ing on the #ro#osed
legislation, which when enacted into law, follows his line
of thin;ing
7. 7(#lanatory )ote N a short e(#osition of e(#lanation
accom#anying a #ro#osed legislation by its author or
#ro#onent. Contains$
a! statement of the reason or #ur#ose of the bill
b! arguments advanced by its author in urging its #assage
@?7R7 4?7R7 "S AM0"./"4M ") A S4A4/47 8R @?7R7 A S4A4/47 "S
S/SC754"0L7 83 M8R7 4?A) 8)7 ")47R5R74A4"8), C8/4S MAM
R7S8R4 48 4?7 7O5LA)A48RM )847 48 CLAR"3M 4?7 AM0"./"4M
A)< ASC7R4A") 4?7 5/S58S7 8R ")47)4 83 4?7 S4A4/47.
)ote$
a! 4he e(#lanatory not be used as basis for giving a
statute a meaning that is inconsistent with what is
e(#ressed in the te(t of the statute.
b! 7(#lanatory note is only resorted to only for clarification
in case of doubt, and not where there is no ambiguity in
the law.
c! 4his is a mere e(#ression of authorKs views and reasons
for the #ro#osed legislation and may not accordingly
override the clear intent as e(#ressed in the statute
3. Legislative debates N may be resorted to when there is doubt
as to what a #rovision of a statute means. ?owever, the views
e(#ressed by the legislators during deliberations of a bill as to
the billKs #ur#ose are not controlling in the inter#retation of the
law.
4he o#inions and views e(#ressed by the legislators during floor
deliberations of a bill may not be given weight at all in any of the
following instances$
a! where the circumstances indicating meaning of a
statute other than that e(#ressed by the legislators
b! where the views e(#ressed were conflicting
c! where the intent deducible from such views is not
clear
d! where the statute involved is free from ambiguity.
@?7R7 4@8 8R M8R7 S4A4/47S R7LA4"). 48 4?7 SAM7 S/0C7C4
MA447R @7R7 7)AC47< 0M <"337RR7)4 ASS7M50L"7S, )7"4?7R "S
G/AL"3"7< 48 S57AE A08/4 4?7 ")47)4 83 4?7 84?7R.
.. Re#orts of commissions
%! Commissions N are usually formed to com#ile and collate all
laws on a #articular subject and to #re#are the draft of the
#ro#osed code.
&! S#ecial commissions were created to draft the te(t of the R5C
and Civil Code.
?. 5rior laws from which statute is based
%! "n ascertaining the intention of the lawma;er, courts are
#ermitted to loo; to #rior laws on the same subject and to
investigate the antecedents of the statute involved.
&! 4his is a##licable in the inter#retation of$
a! Codes
b! Revised or com#iled statutes
'! 5rior laws, which have been codified, com#iled or revised,
reveal the legislative history that will clarify the intent of the
law or shed light on the meaning and sco#e of the codified or
revised statute.
". Change in #hraseology by amendments N also indicates
legislative intent to change the meaning of #rovision from that
or originally had.
C. Amendment by deletion
%. Amendment by deletion of certain words or #hrases in a
statute indicates that the legislature intended to change the
meaning of the statute, for the #resum#tion is that the
legislature would not have made the deletion had the
intention been not to effect a change in its meaning.
&. 4he amended statute should accordingly be given a
construction different from that #revious to its amendment.
R/L7$ An Amendment of a statute indicates a change in meaning
from that which the statute originally had.
a! 4his a##lies only when the deleted words or #hrases
are not sur#lusage or when the intention is clear to
change the #revious meaning of the old law.
b! 4he rule does not a##ly where the intent is clear that
the amendment is #recisely to #lainly e(#ress the
construction of the act #rior to its amendment.
c! "n codification of statues or revision, neither alteration
in #hraseology not the omission or addition of words in
the latter statute will be held to alter the construction of
the former act or acts.
E. Ado#ted statues
%. 4he general rule is that where local statues are #attered
after or co#ied from those of another country, the decision
of the courts in such country construing those laws are
entitled to great weight in the inter#retation of such local
statues and will be generally followed if found reasonable
and in harmony with justice, #ublic #olicy and other local
statues on the subject.
&. 7(am#le of such statues$
a! cor#oration law
b! ta( code
c! labor laws
d! naturali1ation law
e! Rules of court
'. Limitations of the rule$
a! where the local law and id the foreign statute from
which the former was #atterned differ in some
material as#ects
b! foreign construction is clearly erroneous or has not
become settled
c! where the ado#ting state has given the statute its own
inter#retation
L. 5rinci#les of Common law
"f there is a conflict between the common law #rinci#le and statutory
#rinci#le, the latter #revails.
7I7. CONTEMPORARY CONSTRUCTION
A. <efinition$ these are constructions #laced u#on statues at the
time of, or after, their enactment by the e(ecutive, legislature
or judicial authorities, as well as by those who, because of their
involvement in the #rocess of legislation, are ;nowledgeable of
the intent and #ur#ose of the law.
0. Contem#oranea e(#ositio est o#tima et fortissima in lege N the
contem#orary construction is strongest in law.
C. Contem#oraneous construction is the construction #laced u#on
the statute by an e(ecutive or administrative officer called u#on
to e(ecute or administer such statue.
<. 7(ecutive and administrative officers are generally the very first
official to inter#ret the law. 4hese inter#retations are in the
form of$
%. rules
&. regulations
'. circulars
*. directives
+. o#inions and
,. rulings.
7. 4y#es of e(ecutive inter#retation$
%. construction by an e(ecutive or administrative officer
directly called to im#lement the law which may be$
a! e(#ressed e(. "nter#retation embodied in circulars,
directive or regulation!
b! im#lied. a #ractice of enforcement of not a##lying the
statute to certain situations!
&. Construction by the Secretary of Custice in his ca#acity as
the chief legal adviser of the government in the form of
o#inions. "n the absence of the ruling of a #resident, the
o#inions of Sec. 8f Custice is controlling among
administrative and e(ecutive officials.
'. "nter#retation handed down in and adversary #roceeding in
the form of a ruling by an e(ecutive office e(ercising 2uasi:
judicial #ower.
)ote$ "n the absence of error or abuse of #ower or lac; of
jurisdiction or grave abuse of discretion clearly conflicting with
either the letter or the s#irit of a legislative enactment creating or
changing a governmental agency, the action of the agency would
not be disturbed by the courts.
7. Reason why contem#oraneous construction is given much weight$
it comes from the #articular branch of government called u#on to
im#lement the law thus construed N these same #eo#le are the drafters
of the law they inter#ret.
3. @hen to disregard Contem#oraneous construction
4his contem#oraneous construction is not binding u#on the court. 4he
court may disregard it$
%. where there is no ambiguity in the law
&. where the construction is clearly erroneous
'. where strong reason to the contrary e(ists
*. where the court has #reviously given the statue a different
inter#retation
.. "f there is an error in im#lementation of the law, such error
may be corrected. 4he doctrine of esto##el does not a##ly.
?. As a rule, erroneous contem#oraneous construction creates no
vested right on the #art of those who relied and followed such
construction. 0ut this rule is not absolute. 4here may be
e(e#tions in the interest of justice and fair #lay e(. 4a( cases!
". Legislative inter#retation$ the legislature may #rovide an
inter#retation or declaration clause in a statue by they cannot
limit or restrict the #ower granted to courts.
%. @hile legislative inter#retation is not controlling, courts
may resort to it to clarify ambiguity in the language.
&. such legislative inter#retation is entitled of res#ect
es#ecially of the e(ecutive de#artment has similarly
construed the statute.
C. Legislative a##roval N the legislature, by action or inaction
a##rove or ratify such contem#oraneous construction. Such
a##roval may manifest in many ways such as$
%. when it reenacts statute #reviously given a
contem#oraneous construction
&. when it amends a #rior statute without #roviding anything
which would restrict, change, nullify the #revious
contem#oraneous construction.
'. a##ro#riation of money for the officer designated to
#erform a tas; #ursuant to an inter#retation of a stature
*. non:re#udiation of the construction.
)ote$ Ratiohabitio Mandati ae2ui#aratur Nlegislative ratification is
e2uivalent to mandate.
E. Stare decisis
%. Stare decisis et non 2uieta movereP one should follow #ast
#recedents and should not disturb what has been settled.
Reason for such doctrine$ the su#reme court has a duty not only of
inter#reting and a##lying the law but also in #rotecting the society
from needless u#heavals. "nterest rei#ublicae ut sit finis litium N
interest of then state demands that there be an end to litigation.
&. A ruling in order to come within the doctrine of stare
decision must be categorically stated in the issue e(#ressly
raised by the #arties9 must be a direct ruling.
'. Rulings that are merely sub silencio are merely obiter
dictum an o#inion of the court u#on some 2uestion of law
which is not necessary to the decision of the case before it9
not binding!
*. 4his doctrine is not absolute because Su#reme Court may
change or abandon a #recedent enunciated by it.
CHAPTER :
GENERAL RULE*
Statute must be given its literal meaning and a##lied without
attem#ted inter#retation regardless of who may be affected, even if it
may be harsh or onerous.
WHEN A STATUTE IS AM'IGUOUS/ THEN THE COURT MAY
RESORT TO .EPARTURE FROM LITERAL INTERPRETATION. IN
SUCH A CASE/ THE STATUTE MUST 'E INTERPRETE. IN SUCH A
WAY THAT*
"nter#retation will give the statute efficacy
5ur#ose will be achieved
Absurdity and inconvenience will be avoided
"m#ossible will not be re2uired
Right and justice will be favored
"njustice will be avoided
<anger to #ublic interest will be avoided
COURTS IN CONSTRUCTION OF STATUTE MAY*
Correct clerical errors
Su##ly the omissions
<isregard sur#lus and su#erfluity
<isregard redundant words
<isregard looser obscure words
IT MUST 'E NOTE. THAT*
@hen the reason for the law ceases, the law itself ceases
@ords in the #lural include the singular and vice:versa
4he masculine not the feminine!, includes all genders
@ords in #lural include the singular and vice versa
7V7RM R/L7 ?AS 7OC754"8)S
IMPLICATIONS*
.rant of the greater #ower includes the lesser
.rant of the lesser #ower does not include the greater
@here there is right there is a remedy for violation thereof
CourtKs jurisdiction cannot be im#lied from the language of the
statute nor can the Rules of Court confer it.
"n the grant of jurisdiction to a court, it is im#lied to carry with it
necessary and incidental #owers and means essential to ma;e its
jurisdiction effective
@here a general #ower is conferred or duty enjoined, every
#articular #ower necessary for the e(ercise of one is also conferred.
@hat is im#lied should not be against the law
Authority to charge against #ublic fund may not be im#lied
@hat cannot be done directly cannot be done indirectly
An act in violation of a statute #rohibiting such act shall be im#lied
as null and void
5LA") M7A)"). R/L7
@hen the words and #hrases of the statute are clear and une2uivocal,
their meaning must be determined from the language em#loyed and
the statute must be ta;en to mean e(actly what it says. @hat is not
clearly #rovided in the law cannot be e(tended to those matters outside
of sco#e. @here the law is clear, a##eals to justice and e2uity as
justification to construe it differently are unavailing.
#erba legis: #lain meaning rule
$nde% animi sermo: s#eech is the inde( of intention
#erba legis non est recedendum: from the words of a statute, there
must be no de#arture
&aledicta est e%positio 'uae corrumpit te%tum: it is dangerous
construction which is against the te(t
(bsoluta sentetia e%positore non indiget N when the language of the
law is clear, no e(#lanation is re2uired
</RA L7O S7< L7O
)ura le% sed le% N the law may be harsh, but it is still the law
*oc 'uidem per'uam durum est, sed ita le% scripta est N it is
e(ceedingly hard but so the law is written.
(e'uitas nun'uam contraenit legis: 72uity never acts in contravention
of the law
S4A4/47 M/S4 07 CA5A0L7 83 ")47R5R74A4"8), 84?7R@"S7
")857RA4"V7
@here the statute totally fails to e(#ress a meaning, and no judicial
certainty can be had, then it is necessarily ino#erative
$nterpreatio fienda est ut res magis aleat 'uam pereat N inter#retation
as will give the thing efficacy is to be ado#ted.
@?A4 "S @"4?") 4?7 S5"R"4 "S @"4?") 4?7 LA@
4he s#irit of the law controls the letter.
+atio legis N reason of the law
L"47RAL "M58R4 M/S4 M"7L< 48 ")47)4
@here legislative intent a##arently conflicts with the letter of the law,
the former #revails over the latter. 5rimary rule in construction is to
ascertain and give effect to the intent.
#erba intentioni, non e contra, debent inserire N words ought to be
more subservient to the intent and not the intent to the words.
C8)S4R/C4"8) 48 ACC8M5L"S? 5/R58S7
"f the statute needs construction, the most dominant in that #rocess is
the #ur#ose of the act. "t is im#erative that the law be inter#reted in a
manner that would stave off any attem#t at circumventing the
legislative #ur#ose.
@?7) R7AS8) 83 LA@ C7AS7S, LA@ "4S7L3 C7AS7S
,essante ratione legis, cessat ipsa le%
+atio legis est anima N reason of the law is its soul
S/55LM"). L7."SLA4"V7 8M"SS"8)
CHAPTER ;
I. Ge!e$a%%y
A word or #hrase used in a statute may have an ordinary, generic,
restricted, technical, legal, commercial or trade meaning.
@hich meaning should be given de#ends u#on what the legislature
intended. As a general rule in inter#reting the meaning and sco#e
of a term used in the law, a careful review of the whole law
involved, as well as the intendment of law, ascertained from a
consideration of the statute as a whole and not of an isolated #art
or a #articular #rovision alone, must be made to determine the real
intent of the law.
II. Statto$y .ef"!"t"o!
4he legislative definition controls the meaning of a statutory word,
irres#ective of any other meaning the word or #hrase may have in
its ordinary or usual sense.
3or the legislature, in ado#ting a s#ecific definition is deemed to
have restricted the meaning of the word within the terms of the
definition.
@hen the legislature defines a word, it does not usur# the courtKs
function to inter#ret the laws but it merely legislates what should
form #art of the law itself.
@hile the definition of terms in a statute must be given all the
weight due to them in the construction of the #rovision in which
they are used, the terms or #hrases being #art and #arcel of the
whole statute must be given effect in their entirety as a
harmonious, coordinated and integrated unit, not as a mass of
heterogeneous and unrelated if not incongruous terms, clauses and
sentences.
III. 5a%"f"#at"o! of $%e
4he statutory definition of a word or term Das used in this ActF is
controlling only in so far as said act is concerned.
4he general rule that the statutory definitions control the meaning
of statutory words does not a##ly where its a##lication creates
obvious incongruities in the language of the statute, destroys one
of its major #ur#oses, or becomes illogical as a result of a change
in its factual basis.
?owever, in a subse2uent case, it was held that of a statute
remains unchanged, it must be inter#reted according to its clear,
original mandate until the legislature amends it.
IV. Wo$&s #o!st$e& "! the"$ o$&"!a$y se!se
"n construing words and #hrases, the general rule is that in the
absence of legislative intent to the contrary, they should be given
their #lain, ordinary, and common usage meaning.
3or words are #resumed to have been em#loyed by the lawma;er
in their ordinary and common use and acce#tation.
4he grammatical and ordinary reading of a statute must be
#resumed to yield its correct sense.
-bi le% non distinguit nec nos distinguere debemus
V. Ge!e$a% Wo$&s #o!st$e& (e!e$a%%y
Generalia erba sunt generaliter intelligenda or what is generally
s#o;en shall be generally understood or general words shall be
understood in a general sense.
Generale dictum generaliter est interpretandum! A general
statement is understood in a general sense.
@here a word used in a statute has both a restricted and general
meaning, the general must #revail over the restricted unless the
nature of the subject matter or the conte(t in which it is em#loyed
clearly indicates that the limited sense is intended.
A general word should not be given a restricted meaning where no
restriction is indicated.
VI. Ge!e$"# te$m "!#%&es th"!(s that a$"se the$eafte$
#rogressive inter#retation$ e(tends by construction the a##lication
of a statute to all subjects or conditions within its general #ur#ose
or sco#e that come into e(istence subse2uent to its #assage and
thus ;ee#s legislation from becoming e#hemeral and transitory
unless there is a legislative intent to the contrary.
"t is a rule of statutory construction that legislative enactments in
general and com#rehensive terms, #ros#ective in o#eration, a##ly
ali;e to all #ersons, subjects and business within their general
#urview and sco#e coming into e(istence subse2uent to their
#assage.
VII. Wo$&s ,"th #omme$#"a% o$ t$a&e mea!"!(
@ords and 5hrases, which are in common use among merchants
and traders, ac2uire trade or commercial meanings which are
generally acce#ted in the community in which they have been in
common use.
Settled is the rule that in the absence of legislative intent to the
contrary, trade or commercial terms, when used in a statute are
#resumed to have been used in their trade or commercial sense.
VIII. Wo$&s ,"th te#h!"#a% o$ %e(a% mea!"!(
As a general rule, words that have or have been used in, a
technical sense or those that have been judicially construed to have
a certain meaning should be inter#reted according to the sense in
which they have been #reviously used, although the sense may
vary from the strict or literal meaning of the words.
4he technical or legal, not the ordinary or general meaning of a
word used in a statute should be ado#ted in the construction of the
statute, in the absence of nay 2ualification or intention to the
contrary.
I7. Ho, "&e!t"#a% te$ms "! same statte #o!st$e&
4he general rule is that a word or #hrase re#eatedly used in a
statute will bear the same meaning throughout the statute.
4he same word or substantially the same #hrase a##earing in
different #arts of a statute will be accorded a generally acce#ted
and consistent meaning, unless a different intention a##ears or is
clearly e(#ressed.
4he reason for the rule is that a word used in a statute in a given
sense is #resumed to be used in the same sense throughout the
law.
"t is #articularly a##licable where in the statute the words a##ear
so near each other #hysically and #articularly where the word has a
technical meaning and that meaning has been defined in the
statute.
7. Mea!"!( of ,o$& 4a%"f"e& )y -$-ose of statte
4he meaning of a words or #hrase used in a statute may be
2ualified by the #ur#ose which induced the legislature to enact the
statute.
"n construing a word or #hrase, the court should ado#t that
inter#retation that accords best with the manifest #ur#ose of the
statute or #romotes or reali1es its object.
"t is generally recogni1ed that if a statute is ambiguous and ca#able
of more than one construction, the literal meaning of the word or
#hrase used therein may be rejected if the result of ado#ting such
meaning will be to defeat the #ur#ose which the legislature had in
mind.
7I. Wo$& o$ -h$ase #o!st$e& "! $e%at"o! to othe$
-$o+"s"o!s
4he general rule is that a word, #hrase or #rovision should not be
construed in isolation but must be inter#reted in relation to other
#rovisions of the law. 4his rule is a variation of the rule that a
statute should be construed as a whole, and each of its #rovisions
must be given effect.
A word or #rovision should not be construed in isolation from, but
should be inter#reted in relation to, the other #rovisions of a
statute or other statutes dealing on the same subject.
4he word or #rovision should not be given a meaning that will
restrict or defeat, but should instead be construed to effectuate,
what has been intended in an enacting law.
7II. Mea!"!( of te$m &"#tate& )y #o!te1t
@hile ordinarily a word or term used in a statute will be given its
usual and commonly understood meaning, the conte(t in which the
word or term is em#loyed may dictate a different sense.
4he conte(t in which the word is used oftentimes determines its
meaning.
A word is understood in the conte(t in which it is used. #erba
accipienda sunt secundum materiam
4he conte(t may li;ewise give a broad sense to a word of otherwise
ordinarily limited meaning.
4he conte(t may also limit the meaning of what otherwise is a word
of broad signification.
7III. Whe$e the %a, &oes !ot &"st"!("sh
@here the law does not distinguish, courts should not distinguish.
-bi le% non distinguit, nec nos distinguere debemus!
4he rule founded on logic, is a corollary of the #rinci#le that general
words and #hrases in a statute should ordinarily be accorded their
natural and general significance
4he rule re2uires that a general term or #hrase should not be
reduced into #arts and one #art distinguished from the other so as
to justify its e(clusion from the o#eration of the law.
A corollary of the #rinci#le is the rule that where the law does not
ma;e any e(ce#tion, court may not e(ce#t something therefrom,
unless there is com#elling reason a##arent in the law to justify it.
-bi le% non distinguit, nec non distinguere debemus, a##lies not
only in the construction of general words and e(#ressions used in a
statute but also in the inter#retation of a rule laid down therein.
4his #rinci#le assumes that the legislature made no 2ualification in
the use of a general word or e(#ression.
4he courts may distinguish when there are facts or circumstances
showing that the legislature intended a distinction or 2ualification,
for in such a case, the courts merely give effect to the legislative
intent.
7IV. ."s3!#t"+e a!& #o!3!#t"+e ,o$&s
4he word DorF is a disjunctive term signifying disassociation and
inde#endence of one thing from each of the other things
enumerated. "t should be construed in the sense in which it
ordinarily im#lies, as a disjunctive word.
4he use of the disjunctive word DorF between two #hrases connotes
that either #hrase serves as 2ualifying #hrase.
4he term DorF has sometimes been held to mean DandF, when the
s#irit or conte(t of the law so warrants.
4he word DorF may also be used as the e2uivalent of Dthat is to sayF
giving that which it #receded it the same significance as that which
follows it. "t is not always disjunctive and is sometimes
inter#retative or e(#ository of the #receding word.
4he word DorF may also mean successively.
4he word DandF is a conjunction #ertinently defined as meaning
Dtogether withF, Djoined withF, Dalong or together withF, Dadded to
or lin;ed toF, used to conjoin word with word, #hrase with #hrase,
clause with clause.
4he word DandF does not mean DorF9 it is a conjunction used to
denote a joinder or union, Dbinding togetherF, Drelating the one to
the otherF.
?owever, DandF may mean DorF as an e(ce#tion to the rule. 4he
e(ce#tion is resorted to only when a literal inter#retation would
#ervert the #lain intention of the legislature as gleaned from the
conte(t of the statute or from e(ternal factors.
7V. Noscitur a sociis
@here a #articular word or #hrase is ambiguous in itself or is
e2ually susce#tible of various meanings, its correct construction
may be made clear and s#ecific by considering the com#any of
words in which it is found or with which it is associated.
@here the law does not define a word used therein, it will be
construed as having a meaning similar to that of words associated
with or accom#anied by it.
A word, #hrase should be inter#reted in relation to, or given the
same meaning of, words with which it is associated.
@here most of the words in an enumeration of words in a statute
are used in their generic and ordinary sense, the rest of the words
should similarly be construed.
@here a word with more than one meaning is associated with
words having s#ecific or #articular signification, the former should
be given a s#ecific or #articular signification.
7VI. Ejusdem generis
@hile general words or e(#ressions in a statute are, as a rule,
accorded their full, natural, and generic sense, they will not be
given such meaning if they are used in association with s#ecific
words or #hrases.
.eneral rule is that where a general word or #hrase follows an
enumeration of #articular and s#ecific words of the same class or
where the latter follow the former, the general word or #hrase is to
be construed to include, or to be restricted to, #ersons, things, or
cases a;in to, resembling, or of the same ;ind or class as those
s#ecifically mentioned.
@here a statute describes things of #articular class or ;ind
accom#anied by words of a generic character, the generic words
will usually be limited to things of a ;indred nature with those
#articularly enumerated, unless there be something in the conte(t
of the statute to re#el such inference.
5ur#ose$ give effect to both the #articular and general words, by
treating the #articular words as indicating the class and the general
words as indicating all that is embraced in said class, although not
s#ecifically named by #articular words.
4his #rinci#le is based on the #ro#osition that had the legislature
intended the general words to be used in their generic and
unrestricted sense, it would not have enumerated the s#ecific
words.
A##lication$ where s#ecific and generic terms of the same nature
are em#loyed in the same act, the latter following the former.
XVII. L"m"tat"o!s of Ejusdem generic
4o be a##licable, the following must concur$
o Statute contains an enumeration of #articular and
s#ecific words, followed by a general word or #hrase.
o 4he #articular and s#ecific words constitute a class or
are of the same ;ind
o 7numeration of the #articular and s#ecific words is not
e(haustive or is not merely by e(am#les
o )o indication of legislative intent to give the general
words or #hrases a broader meaning
4he rule of e.usdem generic does not re2uire the rejection of
general terms entirely.
4he rule is not of universal a##lication, it should be used to carry
out, not to defeat, the intent or #ur#ose of the law.
"f that intent clearly a##ears from other #arts of the law, and
such intent thus clearly manifested is contrary to the result
which will be reached by a##lying the rule of e.usdem generic,
the rule must give way in favor of the legislative intent.
7VIII. Expressio unius est exclusio alterius
7(#ress mention of one #erson, thing or conse2uence im#lies
the e(clusion of all others.
"t is formulated in a number of ways$
a. 8ne variation of the rules is the #rinci#le that what is
e(#ressed #uts an end to that which is im#lied
/%pressum facit cessare tacitum
b. .eneral e(#ression followed by e(ce#tions therefrom
im#lies that those which do not fall under the
e(ce#tions come within the sco#e of the general
e(#ression. /%ceptio firmat regulam in casibus non
e%ceptis
c. 7(#ression of one or more things of a class im#lies the
e(clusion of all not e(#ressed, even though all would
have been im#lies had none been e(#ressed.
4he rule e%pressio unius est e%clusio alterius and its variations
are canons of restrictive inter#retation.
0asis$ legislature would not have made s#ecified enumerations
in a statute had the intention been not to restrict its meaning
and confine its terms to those e(#ressly mentioned. 4hey are
o##osite the doctrine of necessary im#lication.
7I7. Ne(at"+e<o--os"te &o#t$"!e
4he #rinci#le that what is e(#ressed #uts an end to that which is
im#lied is also ;nown as negative:#ositive doctrine or argumentum
a contrario!
XX. A--%"#at"o! of expressio unius $%e
4he rule of e%pressio unius est e%clusio alterius and its corollary
canons are generally used in the construction of statutes granting
#owers, creating rights and remedies, restricting common rights,
and im#osing #enalties and forfeitures, as well as those statutes
which are strictly construed.
@here a statute directs the #erformance of certain acts by a
#articular #erson or class or #ersons, it im#lies that it shall not be
done otherwise or be a different #erson or class of #ersons.
"f a statute enumerates the things u#on which it is to o#erate,
everything else must necessarily, and by im#lication, be e(cluded.
77I. L"m"tat"o!s of $%e
4he rule e%pressio unius est e%clusio alterius is not a rule of law. "t
is a mere tool of statutory construction or a means of ascertaining
the legislative intent.
4he rule, not being infle(ible nor a mechanical or technical tool,
must yield to what is clearly a legislative intent.
"t is no more than an au(iliary rule of inter#retation to be ignored
where other circumstances indicate that the enumeration was not
intended to be e(clusive.
"t should a##lied only as a means of discovering legislative intent
and should not be #ermitted to defeat the #lainly indicated #ur#ose
of the legislature.
"t will not a##ly where the enumeration is by way of e(am#le or to
remove doubts only.
"t will not a##ly in case a statute a##ears u#on its face to limit the
o#eration of its #rovisions to #articular #ersons or things by
enumerating them, but no reason e(ists why other #ersons or
things not so enumerated should not have been included and
manifest injustice will follow by not including them.
4he rule may be disregarded of it will result to incongruities or a
violation of the e2ual #rotection clause of the constitution,
inconvenience, hardshi# and injury to the #ublic interest.
@here the legislative intent shows that the enumeration is not
e(clusive, the ma(im does not a##ly.
XXII. .o#t$"!e of casus omissus
4he rule of casus omissus pro omisso habendus est states that a
#erson, object or thing omitted from an enumeration must be held
to have been omitted intentionally.
5rinci#le #roceeds from a reasonable certainty that a #articular
#erson, object or thing has been omitted from a legislative
enumeration
4he rule does not a##ly where it is shown that the legislature did
not intend to e(clude the #erson, thing, object from the
enumeration. "f such legislative intent is clearly indicated, the court
may su##ly the omission if to do so will carry out the clear intent of
the legislature and will not do violence to its language.
77III. .o#t$"!e of %ast a!te#e&e!t
5ualifying words restrict or modify only the words or #hrases to
which they are immediately associated. 4hey do not 2ualify words
or #hrases which are distantly or remotely located.
"n the absence of legislative intent to the contrary, #referential
and 2ualifying words and #hrases must be a##lied only to their
immediate or last antecedent, and not to the other remote or
#receding words or association of words.
4he ma(im e(#ressive of this rule is pro%imum antecedens fiat
relatio nisi impediatur sententia, or relative words refer to the
nearest antecedents, unless the conte(t otherwise re2uires.
4he use of comma to se#arate an antecedent from the rest
e(erts a dominant influence in the a##lication of the doctrine of last
antecedent.
77IV. 5a%"f"#at"o! of the &o#t$"!e
<octrine of last antecedent is subject to the e(ce#tion that where
the intention of the law is to a##ly the #hrase to all antecedents
embraced in the #rovision, the same should be made e(tensive to
the whole.
Slight indication of legislative intent so to e(tend the relative term
is sufficient. )or does the doctrine a##ly where the intention is not
to 2ualify the antecedent at all.
77V. Reddendo singular singulis
4he variation of the doctrine of last antecedent is the rule of
reddendo singular singulis. 4he ma(im means referring each to
each9 referring each #hrase or e(#ression to its a##ro#riate object,
or let each be #ut in its #ro#er #lace, that is, the words should be
ta;en distributively.
+eddendo singular singulis re2uires that the antecedents and
conse2uences should be read distributively to the effect that each
word is to be a##lied to the subject to which it a##ears by conte(t
most a##ro#riately related and to which it is most a##licable.
77VI. P$o+"sos/ (e!e$a%%y
4he office of a #roviso is either to limit the a##lication of the
enacting clause, section, or #rovision of a statute, or to e(ce#t
something therefrom, or to 2ualify or restrain its generality , or to
e(clude some #ossible ground of misinter#retation of it, as
e(tending to cases not intended by the legislature to be brought
within its #urview.
"ts #rimary #ur#ose is to limit or restrict the general language or
o#eration of the statute, not to enlarge it.
A #roviso is commonly found at the end of a section, or #rovision of
a statute and is introduced, as a rule by the word D5rovidedF
@hat determines whether a clause is a #roviso is its substance
rather than its form. "f it #erforms any of the functions of a #roviso,
then it will be regarded as such, irres#ective of what word or #hase
is used to introduce it. "t is a 2uestion of legislative intent.
77VII. P$o+"so may e!%a$(e s#o-e of %a,
It has been held that Deven though the #rimary #ur#ose of the
#roviso is to limit or restrain the general language of a statute, the
legislature, unfortunately, does not always use it with technical
correctness9 conse2uently, where its use creates an ambiguity, it is
the duty of the court to ascertain the legislative intention, through
resort to the usual rules of construction a##licable to statutes
generally and give it effect even though the statute is thereby
enlarged, or the #rovision made to assume the force of
inde#endent enactment and although a #roviso as such has no
e(istence a#art from which it is designed to limit or 2ualify.
A #roviso may thus enlarge, instead of restrict or limit, what
otherwise is a #hrase of limited im#ort has there been no #roviso
2ualifying it.
77VIII. P$o+"so as a&&"t"o!a% %e("s%at"o!
A #roviso may also assume the role of an additional legislation.
A clear and un2ualified #ur#ose e(#ressed in the o#ening statement
of a section of a statute com#rising several subdivisions has been
construed as controlling and limiting a #roviso attached to one of
the subdivisions, where the #roviso, if segregated therefrom, would
mean e(actly the reverse of what it necessarily im#lied when read
in connection with the limitation.
77I7. What -$o+"so 4a%"f"es
The general rule is that the office of the #roviso 2ualifies or
modifies only the #hrase immediately #receding it or restrains
or limits the generality of the clause that it immediately follows.
It should be confined to that which directly #recedes it, or to
the section to which it has been a##ended, unless it clearly
a##ears that the legislature intended it to have a wider sco#e.
777. E1#e-t"o! to the $%e
@here the legislative intent is to restrain or 2ualify not only the
#hrase immediately #receding it but also earlier #rovisions of
the statute or even the statute itself as a whole, then the
#roviso will be construed in that manner, in order that the
intent of the law may be carried out.
777I. Re-(!a!#e )et,ee! -$o+"so a!& ma"! -$o+"s"o!
A #roviso should be so construed as to harmoni1e and not to
re#eal or destroy, the main #rovision of the statute.
@hen there is an irreconcilable conflict or re#ugnancy between
a #roviso and the main #rovision of a statute, that which is a
located in a later #ortion of the statute #revails, unless there is
a legislative intent to the contrary or such construction will
destroy the whole statute itself.
4he latter #rovision, whether a #roviso or not, is given
#reference because it is the latest e(#ression of the intent of
the legislation.
777II. E1#e-t"o!s (e!e$a%%y
An e(ce#tion consists of that which would otherwise be included
in the #rovision from which it is e(ce#ted.
An e(ce#tion will be construed as such if it removes something
from the o#eration of a #rovision of law.
"t is often said that an e(ce#tion confirms the general rule. "t
should not be construed to 2ualify the words or #hrases
constituting the general rule.
"t is well settled that the e(#ress mention of e(ce#tions
o#erates to e(clude other e(ce#tions and conversely, those
which are not within the enumerated e(ce#tions are deemed
included in the general rule.
7(ce#tions, as a general rule, should be strictly but reasonably
construed.
777III. E1#e-t"o! a!& -$o+"so &"st"!("she&
an e(ce#tion differs from a #roviso. An e(ce#tion e(em#ts
something absolute from the o#eration of a statute, by e(#ress
words in the enacting clause.
A #roviso defeats its o#eration conditionally.
A #roviso avoids them by way of defeasance or e(cuse. An
e(ce#tion is generally a #art of the enactment itself, absolutely
e(cluding from its o#eration some subject or thing that
otherwise would fall within its sco#e.
0ut when the enactment is modified by engrafting u#on it a
new #rovision by way of amendment, #roviding conditionally for
a new case, it is in the nature of a #roviso.
8ne of the functions of a #roviso is to e(ce#t something from
an enacting clause. "n this sense, an e(ce#tion and a #roviso
are similar.
777IV.Sa+"!( #%ase
"t is a clause in a #rovision of law which o#erates to e(ce#t
from the effect of the law what the clause #rovides or to save
something which would otherwise be lost.
"t is used to e(ce#t or save something from the effect of a
re#eal of a statute.
"t should be construed in the light of the intent or #ur#ose of
the legislature the #rinci#al consideration being to effectuate
such intent or carry out such #ur#ose!.
"t should be given a strict or liberal construction de#ending
u#on the ;ind of inter#retation that should, considering its
nature, be given to the statute as a whole.
CHAPTER =
,.=% .enerally
A statute is #assed as a while and not in #arts or sections and is
animated by one general #ur#ose and intent. Conse2uently, each #art
or section should be construed in connection with every other #art and
section so as to #roduce a harmonious whole. @hole and every #art of
statute should be construed together.
,.=& "ntent ascertained from statue as whole
4he intent or meaning of a statue should be ascertained from the
statute ta;en as a whole and not from an isolated #art or #rovision
thereof. 4he legislative meaning is to be e(tracted form the statue as a
whole. "ts clauses are not to be segrated, but every #art of a statute is
to be construed with reference to every other #art and every word and
#hrase in connection with its conte(t. Optima statute interpretatri% est
ipsum statutum! 4he best inter#reter of a statute is the statue itself.
,.=' 5ur#ose or conte(t as controlling guide
A statute must always be construed as a whole, and the #articular
meaning to be attached to any word or #hrase is usually to be
ascertained from the conte(t, the nature of the subject treated and the
#ur#ose or intention of the body which enacted or framed the statute.
Statute must receive a reasonable construction, reference being had to
their controlling #ur#ose, to all their #rovisions, force and effect being
given not narrowly to isolated and disjoined clauses, but to their s#irit,
broadly ta;ing all their #rovisions together in one rational view.
,.=* .iving effect to statute as a whole
0ecause a statute is enacted in whole and not in #arts or sections,
which im#lies that one #art is as im#ortant as the other, the statue
should be construed and given effect as a whole. A #rovision or section
which is unclear by itself may be made clear by reading and construing
it in relation to the whole statute. 7very #art of a statute should be
given effect because a statute is enacted as an integrated measure and
not as a hodge#odge of conflicting #rovisions.
Court should ado#t a construction that will give effect to every #art of a
statue, if at all #ossible. 4his rule is e(#ressed in the ma(im ut res
magis aleat 'uam pereat or the construction is to be sought which
gives effect to the whole of the statutePits every word.
,.=+ A##arently conflicting #rovisions reconciled
4he rule that a statute must be construed and given effect as a whole
re2uires that a##arently conflicting #rovisions should be reconciled and
harmoni1ed, if at all #ossible. All the #rovisions, even if a##arently
contradictory, should be allowed to stand and given effect by
reconciling time. 4he statute must be so construed as to #revent a
conflict between #arts of it. 3or it is only by so construing a statute that
the statute will be given effect as a whole.
,.=, S#ecial and general #rovisions in same statute
@hen there is a #articular or s#ecial #rovision and a general #rovision
in the same statue and the latter in its most com#rehensive sense
would overrule the former, the #articular or s#ecial #rovision must be
o#erative and the general #rovision must be ta;en to affect only the
other #arts of the statute to which it may #ro#erly a##ly. 4he #articular
or s#ecial #rovision is construed as an e(ce#tion to the general
#rovision.
,.=- Construction as not to render #rovision nugatory
4he whole state should, if #ossible, be given effect is that a
#rovision of a statute should be so construed as not to nullify or render
nugatory another #rovision of the same statute.
$nterpretatio fienda est ut res magis aleat 'uam pereat,
which means that a law should be inter#reted with a view to u#holding
rather than destroying it. A construction that would render a #rovision
ino#erative or ineffective should be avoided.
,.=> Reason for the rule
4he construction that re2uires that a##arently conflicting
#rovisions of a statute be reconciled and harmoni1ed, if at all #ossible
and that a #rovision should be so construed as not to nullify another, is
based on the #resum#tion that the legislature has enacted a statute
whose #rovisions are in harmony and consistent with each other and
that conflicting intentions in the same statue are never su##osed or
regarded.
,.=6 Gualification of rule
8ne #art of a statute cannot be reconciled or harmoni1ed with
another #art without nullifying one in favor of the other, the court
should, in construing the statue, choose one which will best effectuate
the legislative intent. Rule$ where absolute harmony between #arts of a
statue is demonstrably not #ossible, the court must reject that one
which is least in accord with the general #lan of the whole statue.
?owever, if there be no such ground for choice between inharmonious
#rovisions or sections, the latter #rovision or section, beign the last
e(#ression of the legislative will, must, in construction, vacate the
former to the e(tent of the re#ugnancy.

,.%= Construction as to give life to law
Law must receive sensible inter#retation to #romote the ends
for which they are enacted. 4hey should be given reasonable and
#ractical construction as will give life to them, if it can be done without
doing violence to reason. Conversely, a law should not be construed as
to allow the doing of an act which is #rohibited by law, nor so
inter#reted as to afford an o##ortunity to defeat com#liance in terms,
create an inconsistency, or contravene the #lain words of the law.
$nterpretatio fienda est ut res magis aleat 'uam pereat or that
inter#retation that will give the thing efficacy is to be ado#ted.
4he court should start with the assum#tion that the legislature
did not do a vain thin gin the enactment of the statute. "t is to be
#resumed that the law is com#lete by itself. -t res magis aleat 'uam
pereat, that the courts should, if reasonably #ossible to do so without
violence to the s#irit and language of an act, so inter#ret a statute as
to give it efficient o#eration and effect as a whole.
,.%% Construction to avoid sur#lusage
4he rule that a statue should be given effect as a whole
re2uires that the state be so construed as to ma;e no #art of #rovision
thereof sur#lusage. A legal #rovision must not be so construed as to be
a useless sur#lusage, and accordingly, meaningless in the sens of
adding nothing to the law or having no effect whatsoever therein. )or
should a word be so construed as to render other words or #hrases
associated with it serves no #ur#ose. 3or the legislature, in enacting a
law, is #resumed to have used the word or #hrase for a #ur#ose. "n
short, the legislature, in enacting a statute, is su##osed not to insert a
#rovision which is unnecessary and a sur#lusage.
,.%' Statute and its amendments construed together
All #arts of a statute are to be harmoni1ed and reconciled so
that effect may be given to each and every #art thereof a##lies to the
construction of a statute and its amendments. Amendments should be
given effect. "t is to be #resumed that the changes have some #ur#ose,
which should be ascertained and given effect.
'. STATUTE CONSTRUE. IN RELATION TO CONSTITUTION AN.
OTHER STATUTES
,.%* Statute construed in harmony with the Constitution
As the Constitution is the fundamental law to which all laws are
subservient, a statute should not be inter#reted inde#endently of the
Constitution. 4he statute should be construed in harmony with and not
in violation of the fundamental law. "t is #resumed that the legislature
in enacting a law, have adhered to the constitutional limitations.
A statute should be construed whenever #ossible in a manner
that will avoid conflict with the Constitution. "t should not be construed
in such a way as will give rise to a constitutional doubt. )or should it be
inter#reted in such a manner as will render its a##lication violative of a
constitutional inhibition. "t should be inter#reted in consonance, rather
than re#ugnant to, any constitutional command or #rescri#tion.
@here a statute is reasonable susce#tible of two constructions,
one constitutional and the other unconstitutional, that construction in
favor of its constitutionality shall be ado#ted and the construction that
will render it invalid rejected. 7very intendment of law should lean
towards its validity and the court should favor that construction which
gives it the greater chance of surviving the test of constitutionality.
"f there is doubt or uncertainty as to the meaning of the
legislature, if the words or #rovisions are obscure, or if the enactment
is fairly susce#tible of two or more constructions, that inter#retation
will be ado#ted which will avoid the effect of unconstitutionality, even
though it may be necessary, for this #ur#ose, to disregard the more
usual or a##arent im#ort of the language em#loyed. ?owever, the court
cannot, in order to bring a statute within the fundamental law, amend it
by construction.
,.%+ Statutes in #ari materia
Statutes are in #ari material when they relate to the same
#erson or thing, or have the same #ur#ose or object, or cover the same
s#ecific or #articular subject matter. 4he later statute may s#ecifically
refer to the #rior statutes. 4he fact that no reference is made to the
#rior law does not mean that the two laws are not in #ari materia. "t is
sufficient, in order that they may be considered in #ari materia, that
the two or more statute relate to the same s#ecific subject matter. 4wo
laws are not in #ari materia if they refer to different s#ecific matters,
although they both fall under the same broad subject.
,.%, ?ow statutes in #ari materia construed
A statute should be construed as to harmoni1e with other laws
on the same subject matter as to form a com#lete, coherent and
intelligible system. $nterpretare et concordare leges legibus est optimus
interpretandi modus or every statute must be so construed and
harmoni1ed with other statutes as to form a uniform system of
juris#rudence.
Statutes in #ari materia should be construed together to attain
the #ur#ose of an e(#ress national #olicy. 3or the assum#tion is that
whenever the legislature enacts a law, it has in mind the #revious
statutes relating to the same subject matter, and in the absence of any
e(#ress re#eal or amendment, the new statute is deemed enacted in
accord with the legislative #olicy embodied in the #rior statutes and
they should be construed together. 5rovisons in an act which are
omitted in another act relating to the same subject matter will be
a##lied in a #roceeding under the other act when not inconsistent with
its #ur#ose. 5rior statutes relating to the same subject matter are to be
com#ared with the new #rovisions, and if #ossible by reasonable
construction, both are to be construed that effect is given to every
#rovision of such. Statutes in #ari materia, although in a##arent
conflict, are so far as reasonably #ossible construed to be in harmony
with each other. $nterpretare et concordare leges legibus, est optimus
interpretandi modus, which means that the best method of
inter#retation is that which ma;es laws consistent with other laws.
@hen two or more statutes on the same subject were enacted
at different times and under dissimilar circumstances or conditions,
their inter#retation should be in accordance with the circumstances or
conditions #eculiar to each, in order that the statutes may be
harmoni1ed or better understood. Rule based on$ distingue tempora et
concordabis .ura, or distinguish times and you will harmoni1e laws.
A statute will not, however, be construed as re#ealing #rior act
on the same subject in the absence of words to that effect, unless there
is an irreconcilable re#ugnancy between them or unless the new law is
evidently intended to su#ersede all #rior acts on the matter and to
com#rise itself the sole and com#lete system of legislation on the
subject.
,.%- Reasons why laws on same subject are reconciled
"n enacting a statute, the legislature is #resumed to have been
aware of, and have ta;en into account, #rior laws on the subject of
legislation. "t cannot be said that they intended the establishment of
conflicting and hostile systems on the same subject, or to leave in force
#rovisions of a #rior law which may thwart and overthrow the will of the
legislature.
,.%> @here harmoni1ation is im#ossible
"f two or more laws on the same subject cannot #ossibly be
reconciled or harmoni1ed, one has to give way in favor of the other.
4here cannot be two conflicting laws on the same subject. 4he earlier
one must yield to the later one, it being the later e(#ression of the
legislative will.
,.%6 "llustration of the rule
,.&= .eneral and s#ecial statutes
A general statute is a statute which a##lies to all of the #eo#le
of the state or to all of a #articular class of #ersons in the state with
e2ual force. "t is one which embraces of a class of subject or #laces and
does not omit any subject or #lace naturally belonging to such class. A
s#ecial statute is one which relates to #articular #ersons or things of a
class or to a #articular #ortion or section of the state only.
A general law and s#ecial law on the same subject are statutes
in #ari material and should, accordingly be read together and
harmoni1ed, if #ossible, with a view to giving effect to both. Rule$
where there are two acts, one of which is s#ecial and #articular and the
other general which, if standing alone, would include the same matter
and thus conflict with the s#ecial act, the s#ecial must #revail since it
evinces the legislative intent more clearly than that of a general statute
and must be ta;en as intended to constitute an e(ce#tion to the
general act.
4he circumstance that the s#ecial law is #assed before or after
the general act does not change the #rinci#le. @here the s#ecial law is
later, it will be regarded as an e(ce#tion to or 2ualification of, the #rior
general act9 and where the general act is later, the s#ecial statute will
be construed as remaining an e(ce#tion to its terms, unless re#ealed
e(#ressly or by necessary im#lication.
@here two statutes are of e2ual theoretical a##lication to a
#articular case, the one designed therefore s#ecially should #revail.
,.&% Reason for the rule
Reason$ s#ecial as e(ce#tion to the general! the legislature in
#assing a law of s#ecial character has its attention directed to the
s#ecial facts and circumstance which the s#ecial facts and
circumstances which the s#ecial act is intended to meet.
,.&& Gualifications of the rule
4he rule is not absolute. 8ne e(ce#tion is that where the
legislature clearly intended the later general enactment to cover the
whole subject and to re#eal all #rior laws inconsistent therewith, the
general law #revails over a s#ecial law on the subject. "n such case,
there is a re#eal of the s#ecial law.
Another e(ce#tion$ where the s#ecial law merely establishes a
general rule while the general law creates a s#ecific and s#ecial rule, in
which case the general law #revails over the s#ecial law.
4he rule does not a##ly where the situation is reversed, that is,
the general law treats the subject in #articular and the s#ecial law
refers to it in general. "n this situation, the general law #revails over
the s#ecial law in the event of re#ugnancy or conflict between the two
laws.
,.&' Reference statutes
A reference statute is a statute which refers to other statutes
and ma;es them a##licable to the subject of legislation. "t is
incor#oration in a statute of another statute by reference. "t is used to
avoid encumbering the statute boo;s of unnecessary re#etition, and
they have been recogni1ed as an a##roved method of legislation, in the
absence of constitutional restrictions.
4he ado#tion by reference of a statute that was #reviously
re#ealed revives the statute. 4he ado#tion ta;es the ado#ted statute as
it e(ists at the tie of ado#tion and does not include the subse2uent
changes or modification of the statute so ta;en, unless it does so
e(#ressly.
A reference statute should be so construed as to harmoni1e
with, and to give effect to, the ado#ted statute.
,.&* Su##lemental statutes
A su##lemental act is one intended to su##ly deficiencies in an
e(isting statute and to add, to com#lete, or e(tend the statute without
changing or modifying its original te(t. 4he original statute and the
su##lemental act should be read and construed together to ma;e an
intelligible whole.
,.&+ Reenacted statutes
A statute which reenacts a #revious statute or the #rovisions
thereof is ;nown as reenacted statute. A reenactment is one in which
the #rovisions of an earlier statute are re#roduced in the same or
substantially the same words. 4he reenactment may also be made by
reference. 4hus, where a statute #rovides that all laws not inconsistent
with the #rovisions thereof are deemed incor#orated and made integral
#arts thereof by reference, such #revious laws on the same subject
matter are deemed enacted.
4he reenactment is a legislative e(#ression of intention to
ado#t the construction as well as the language of the #rior act. Rule$
when a statute or a #rovision thereof has been construed by the court
of last resort and the same is substantially reenacted, the legislature
may be regarded as ado#ting such construction, and the construction
which the ado#ted statute #reviously received.
4he rule is that two statute with a #arallel sco#e, #ur#ose and
terminology should, each in its own field, have a li;e inter#retation,
unless in #articular instances there is something #eculiar in the
2uestion under the consideration, or dissimilar in the terms of the act
relating thereto, re2uiring a different conclusion.
,.&, Ado#tion of contem#oraneous construction
4he reenactment of a statute which has received a #ractical or
contem#oraneous construction by those charged with the duty of
e(ecuting it is a #ersuasive indication of the ado#tion by the legislature
of the #rior #ractical or e(ecutive construction, the legislature being
#resumed to ;now the e(istence of such construction when it made the
reenactment.
,.&- Gualification of the rule
the rule that when a judicial or contem#oraneous construction
has been given to a statute, the reenactment of the statute is generally
held to be in effect a legislative ado#tion of the construction, a##lies
only when the statute is ca#able of the construction given to it and
when the construction has become a settled rule of conduct.
,.&> Ado#ted statutes
An ado#ted statute is statute #atterned after, or co#ied from
a statute of a foreign country. "n construing it, the court should ta;e
into consideration the construction of the law by the courts of the
country from which it is ta;en, as well as the law itself and the
#ractices under it, for the legislature is #resumed to have ado#ted such
construction and #ractices with the ado#tion of the law. 4he
#resum#tion does not, however, a##ly to construction given the statute
subse2uent to its ado#tion, although it had #ersuasive effect on the
inter#retation of the ado#ted statute
CHAPTER >
-.%. .enerally$
@hether a statute is to be given a strict or liberal
construction will be de#end u#on the nature of the statute, the
#ur#ose to be subserved and the mischief to be remedied, and
a strict or liberal inter#retation will be given a statute that will
best accom#lish the end desired and effectuate legislative
intent.
-.&. Strict construction, generally
Strict construction is that construction according to the
letter of a statute, which recogni1es nothing that is not
e(#ressed, ta;es the language used in its e(act meaning, and
admits no e2uitable consideration. "t does not mean giving a
statute its narrowest meaning of which it is susce#tible. )or
does it mean that words shall be so restricted as not to have
their full meaning. Sco#e of statute shall not be e(tended or
enlarged by im#lication, intendment, or e2uitable consideration
beyond the literal meaning of its terms.
-.'. Liberal construction, defined.
Liberal constructions means such e2uitable construction
as will enlarge of a statute to accom#lish its intended #ur#ose,
carry out its intent, or #romote justice. "t does not mean
enlargement of a #rovision which is clear, unambiguous and
free from doubt, for a statute which is #lain and clear is not
subject to construction. Liberal construction is that
construction which e(#ands the meaning of a statute to meet
cases which are clearly within the s#irit or reason thereof or
within the evil which the statute was designed to remedy, or
which give the statute its generally acce#ted meaning to the
end that the most com#rehensive a##lication thereof maybe
accorded, without being inconsistent with its language or doing
violence to any of its terms. Liberal construction means that
the words should receive a fair and reasonable inter#retation,
so as to attain the intent, s#irit and #ur#ose of the law.
-.*. Liberal construction a##lied, generally.
4he literal meaning of the words used may be rejected
if the result of ado#ting said meaning would be to defeat
#ur#ose of the law. Liberal inter#retation so as to save the
statute from obliteration, ut res magis aleat 'uam pereat.
Construction by this nature and the act of the court in
engrafting u#on a law something which its believes ought to
have been embraced therein. 4he former is liberal construction
and is a legitimate e(ercise of judicial #ower. 4he latter is
judicial legislation forbidden by the tri#artite division of #owers
among the three de#artments of government, the e(ecutive,
the legislative and the judicial. A statute may not be liberally
construed to read into it something which its clear and #lain
language rejects.
-.+. Construction to #romote social justice.
D"t social justice mandate! is meant for the three
de#artments$ the legislative, e(ecutive, and judicial, because the latter
two are no less than the agencies of the state than the first. 7nhance
social justice.
-.,. Construction ta;ing into consideration general welfare or growth
of civili1ation.
Some authorities advocate a construction which see;s
an e(#ansive a##lication of statutes to attain the general welfare.
salus populi est suprema le%. Statute enacted for the #ublic good are
to be construed liberally. Statuta pro publico commodo late
interpretantur. An authority on the subject e(#ounds on this ty#e of
construction$ D4here is for me in all cases a #rinci#le of statutory
construction not to be found on the boo;s, but which for the 5hili##ine
"slands is all:im#ortant. "n the resolution of all 2uestions, " begin with
these 2ueries$ what is for the best interest of the 3ili#ino #eo#leQ
D4he statute in general has two, articulate organs for
lawma;ing #ur#oses N the legislature and the tribunal. 3irst organ
ma;es new law, the second attests and confirms old law. Statutes
must be inter#reted in the light of the growth of civili1ation and varying
conditions.
-.-. 5enal statutes, generally.
5enal statutes refer to those laws by which
#unishments are im#osed for violation or transgression of their
#rovisions. Acts of the legislature which #rohibit certain acts and
establish #enalties for their violation9 or those that define crimes, treat
of their nature and #rovide for their #unishment. 5enal or criminal laws
are those which im#ose #unishment for an offense committed against
the state, and which the chief e(ecutive has the #ower to #ardon. A
statute which decrees the forfeiture in favor of the state of une(#lained
wealth ac2uired by a #ublic official while in office is criminal in nature.
-.>. 5enal statutes strictly construed.
5enal or criminal laws are strictly construed against the
State and liberally in favor of the accused cannot be enlarged or
e(tended by intendment, im#lication, or any e2uitable consideration.
4he language of a #enal statutes cannot be enlarged beyond the
ordinary meaning of its terms in order to carry into effect the general
#ur#ose for which the statute was enacted. Resolved in favor of the
#erson accused of violating the statute.
)o #erson should be brought within the terms of a statute who is not
clearly within them, nor should any act be #ronounced criminal which is
not clearly made so by the statute.
4he rule that #enal statutes are strictly construed does not
mean that every #enal law must be so narrowly construed as to defeat
the law itself9 it merely means that they are not to be construed so
strictly as to nullify or destroy the obvious #ur#ose of the legislature.
0e construed with such strictness as to carefully safeguard the rights of
the defendant and at the same time #reserve the obvious intention of
the legislature. "t will endeavor to effect substantial justice.
Careful scrutiny safeguard the rights of the accused. 4wo
reasonable but contradictory constructions, that which o#erates in favor
of a #arty accused under its #rovision is to be #referred. 4he #rinci#le
is that acts in and of themselves innocent and lawful cannot be held to
be criminal unless there is a clear and une2uivocal e(#ression of the
legislative intent to ma;e them such.
-.6. Reason why #enal statutes are strictly construed.
Law is tender in favor of the rights of an individual9 the
object is to establish a certain rule by conformity to which man;ind
would be safe, and the discretion of the court limited. 4he #ur#ose of
strict construction is not to enable a guilty #erson to esca#e
#unishment through a technicality but to #rovide a #recise definition of
forbidden acts.
7.10. Acts mala in se and mala prohibita.
.eneral rule is that a #enal statute will not be
construed to ma;e the commission of certain #rohibited acts criminal
without regard to the intent of the doer, unless there is a clear
legislative intent to the contrary9 evil intent must combine with an act.
(ctus non facit reum nisi mens sit rea, the act itself does not ma;e a
man guilty unless his intention were so. (ctus me inito factus non est
meus actus, an act done by me against my will is not my act. &ala in
se, criminal intent, a#art from the act itself, is re2uired but in those
which are mala prohibita the only in2uiry is, has the law been violated.
-.%& Limitation of the rule.
4he rule that #enal statutes are given a strict
construction is not the only factor in the inter#retation of the criminal
laws9 merely serves as an additional factor to be considered as an aid
in ascertaining the meaning of #enal laws. A strict construction should
not be #ermitted to defeat the intent, #olicy, and #ur#ose of the
statute. 4he court should consider the s#irit and reason of a statute
where a literal meaning would lead to absurdity, contradiction,
injustice, or would defeat the clear #ur#ose of the law, for strict
construction of a criminal statute does not mean such construction as
to de#rive it of the meaning intended.
Ca#able of two inter#retations, one which will o#erate to
e(em#t an accused from liability for violation thereof and another which
will give effect to the manifest intent of the statute and #romote its
object, the latter the inter#retation should be ado#ted9 they are not to
be so strictly construed as to defeat the obvious #ur#ose of the
legislature.
-.%' Statutes in derogation of rights.
5eo#le in re#ublican state enjoy certain rights, which
are either inherent or guaranteed by the constitution or #rotected by
law9 rights are not absolute, and the state, in the e(ercise of its #olice
#ower, may enact legislations curtailing or restricting their enjoyment.
As these statutes are in derogation of common or general rights, they
are generally strictly construed and rigidly confined to cases clearly
within their sco#e or #ur#ose.9 two reasonably #ossible constructions,
one which would diminish or restrict fundamental right of the #eo#le
and the other of which would not do so, the latter construction must be
ado#ted so as to allow full enjoyment of such fundamental right.
-.%* Statutes authori1ing e(#ro#riations.
4he #ower of eminent domain is essentially legislative
in nature. 4he legislature may not, however, by itself, e(ercise such
#ower by enacting a law directly e(#ro#riating a #articular land and
fi(ing the amount of just com#ensation thereof. "t may delegate the
#ower, by law, subject to hearing as to just com#ensation to the
#resident, local government units, or a #ublic utility com#any.9 strictly
construed against the e(#ro#riating authority and liberally in favor of
#ro#erty owners9 De(ercise of the right of eminent domain, whether by
the state or by its authori1ed agents, is necessarily in derogation of
#rivate rights, and the rule in that case is that the authority must be
strictly construed9 right to freehold inhabitants.
-.%+ Statutes granting #rivileges.
Statutes granting advantages to #rivate #ersons or
entities have in many instance created s#ecial #rivileges or mono#olies
for the rantees and have thus been viewed with sus#icion and strictly
construed9 #ublic advantage is gained by the grant, it narrowly
a##ears to be secondary significance com#ared with the advantage
gained by the grantee.
Strict construction re2uires that those who invo;e a
s#ecial #rivilege granted by the statute must com#ly strictly with its
#rovisions. 0riilegia recipient largam interpretationem oluntati
consonam concedentis, or #rivileges are to be inter#reted in accordance
with the will of him who grants them.
-.%, Legislative grants to local government units.
Legislative grants in favor of local government units are
grants of a #ublic nature, and hence, should be strictly construed
against the grantee.9 there is in such a grant a gratuitous donation of
#ublic money or #ro#erty which results in an unfair advantage to the
grantee and for that reason, the grant should be narrowly restricted in
favor of the #ublic.
-.%- Statutory grounds for removal of officials.
Statutes relating to sus#ension or removal of #ublic
officials are strictly construed. 9 removal is to be confined within the
limits #rescribed for it9 the causes, manner and conditions fi(ed must
be #ursued with strictness9 where the cause of removal is s#ecified, the
s#ecification amounts to a #rohibition to remove for a different cause,
which is a #ara#hrase of the ma(im e%pressio unius est e%clusion
alterius. 9 remedy of removal is drastic one and #enal in nature.9
where a statute #rovides that a #ublic official may be removed for
Dneglect of duty, o##ression, corru#tion or other forms of
maladministration in office,F the #hrase Jin officeF should be construed
to 2ualify the enumerated grounds, in that the grounds must be such
as affect the officerKs #erformance of his duties as an officer and not
such as affect only his character as a #rivate #erson.
-.%> )aturali1ation laws.
Laws on naturali1ation are strictly construed against an
a##licant for citi1enshi# and rigidly followed and enforced. 9 right of
an alien to become a citi1en by naturali1ation is a statutory rather that
a natural one, and it does not become vested until he files a #etition
and establishes by com#etent and satisfactory evidence that he has all
the 2ualifications and none of the dis2ualifications s#ecified by law.
-.%6 Statutes im#osing ta(es and custom duties.
4he #ower to ta( is an incident of sovereignty and is
unlimited in its range, ac;nowledging in its very nature no limits, so
that security against its abuse the is to be found only in the
res#onsibility of the legislature which im#oses the ta( of the
constituency who are to #ay it. 9 D#ower to ta( involves the #ower to
destroy.F 9 ta( statutes must be construed strictly against
the government and liberally in favor of the ta(#ayer. 9 the statute is to
be construed strictly against the subjection to ta( liability, and it will
not be construed as im#osing a ta( unless it does so clearly, e(#ressly
and unambiguously . a ta( cannot be im#osed without clear and
e(#ress words for that #ur#ose. 4a( or customs laws may not be
e(tended by im#lication beyond the clear im#ort of their language, nor
their o#eration enlarged so as to embrace matters not s#ecifically
#rovided. 9
Reason N ta(ation is a destructive #ower which interferes with
the #ersonal and #ro#erty rights of the #eo#le and ta;es from them a
#ortion of their #ro#erty for the su##ort of the government.9 burdens
are not to be im#osed, nor #resumed to be im#osed, beyond what the
statutes e(#ressly and clearly im#ort.
-.&= Statutes granting ta( e(em#tions.
4a(es are what the #eo#le #ay for civili1ed society. 9
lifeblood of the nation. 4he law frowns against e(em#tions from
ta(ation. Laws granting ta( e(em#tions are thus construed strictissmi
.uris against the ta(#ayer and liberally in favor of the ta(ing authority.
4a(ation is the rule and e(em#tion is thee(ce#tion. 4he burden of
#roof rests u#on the #arty claiming e(em#tion to #rove that it is in fact
covered by the e(em#tion so claimed. Statutes granting ta(
e(em#tions are construed strictissimi .uris against the ta(#ayer and
liberally in favor of the ta(ing authority. 0asis N to minimi1e the
different treatment and foster im#artiality, fairness and e2uality of
treatment among ta(#ayers. 3or e(em#tions from ta(ation are not
favored in law, nor are they #resumed. 4hey must be e(#ressed in the
clearest and most unambiguous language and not left to mere
im#lications. De(em#tions are never #resumed, the burden is on the
claimant to establish clearly his right to e(em#tion and an alleged grant
of e(em#tion will be strictly construed and cannot be made out by
inference or im#lications but must be beyond reasonable doubt. "n
other words, since ta(ation is the rule and e(em#tion the intention to
ma;e an e(em#tion ought to be e(#ressed in clear and unambiguous
terms.
-.&% Gualification of rule.
)ot absolute. @here the #rovision of the law is clear
and unambiguous , so that there is no occasion for the court see;ing
the legislative intent, the law must be ta;en as it is, devoid of judicial
addition or subtraction. Law #rovides no 2ualification for the granting
of ta( e(em#tion, the court is not at liberty to su##ly one..9 does not
a##ly in the case of ta( e(em#tions in favor of the government itself or
its agencies.
-.&& Statutes concerning the sovereign.
Restrictive statutes which im#ose burdens on the #ublic
treasury or which diminish rights and interest are strictly construed.
3or this reason, such statutes , no matter how broad their terms are,
do not embrace the sovereign, unless the sovereign is s#ecifically
mentioned.
-.&' Statutes authori1ing suits against the government.
DState may not be sued without its consent.F N
reaffirms universal rule that the sovereign is e(em#t from suit, in the
absence of its consent to be sued usually in the form of a statute to
that effect, not because of any formal conce#tion or absolute theory but
on the logical and #ractical ground that there can be no legal right
de#ends. 1ullum tempus occurrit regi. A statute whereby the state
gives its consent to be sued is strictly construed, and the waiver of
immunity from suit, being in derogation of sovereignty, will not be
lightly inferred.
-.&* Statutes #rescribing formalities of will.
Statutes #rescribing the formalities to be observed in
the e(ecution of wills are strictly construed, 9 a will must be e(ecuted
in accordance with the statutory re2uirements, otherwise it is entirely
void. 9 a##ly the intent of the legislators and not that of the testator,
and the latterKs intention is fre2uently defeated by the non:observance
of what the statute re2uires.
-.&+ 7(ce#tions and #rovisos.
As a rule, e(ce#tions should be strictly but reasonably
construed9 they e(tend only so far as their language fairly warrants,
and all doubts should be resolved in favor of the general #rovision
rather than the e(ce#tion. 4he court will not curtail the former nor
add to the latter by im#lication, and it is a rule that an e(#ress
e(ce#tion e(cludes all others, although it is always #ro#er in
determining the a##licability of this rule to in2uire whether, in the
#articular case, it accords with reason and justice.
Similarly, a statute, rule or situation which allows
e(ce#tions to the re2uirement of warrant of arrest or search warrant
must be strictly construed. A #reference is an e(ce#tion to the general
rule and it is what its name im#lies.
A #roviso should be inter#reted consistently with the
legislative intent. 4he reason is that the legislative #ur#ose set forth in
the general enactment e(#resses the legislative #olicy and only those
e(#ressly e(em#ted by the #roviso should be freed from the o#eration
of the statute.
C. S4A4/47S L"07RALLM C8)S4R/7<
-.&, .eneral social legislation
"m#lement the social justice and #rotection:to:labor
#rovisions of the Constitution are ;nown as general welfare legislations.
4hese statutes are construed liberally. .eneral welfare legislations, the
courts will be guided by more than just an in2uiry into the letter of the
law as against its s#irit and will ultimately resolve any doubt in favor of
the #ersons whom the law intended to benefit.
Labor laws, tenancy laws, land reform laws and social
security laws. ?owever, while general welfare legislations are
construed liberally in favor of those intended to be benefited, this
#rinci#le holds true only when there is doubt or ambiguity in the law
and not when the law itself is clear and free doubt.
@or;ingmanKs welfare should be the #rimordial and
#aramount consideration. Article * of the )ew Labor Code which states
that Jall doubts in the im#lementation and inter#retation of the
#rovisions of the Labor Code including its im#lementing rules and
regulations shall be resolved in favor of labor. 0ased on the #remise
that the statute is ambiguous.
-.&- .eneral welfare clause.
4he general welfare clause on the #ower of local
government has two branches. 8ne branch attaches itself to the main
trun; of munici#al authority and relates to such ordinances and
regulations as may be necessary to carry into effect and discharge the
#owers and duties conferred u#on local legislative bodies by law. 4he
second branch is much more inde#endent of the s#ecific functions
enumerated by law. "t authori1es such ordinances as shall seem
necessary and #ro#er to #rovide for the health and safety, #romote the
#ros#erity, im#rove the morals, #eace, good order, comfort, and
convenience of the local government unit and the inhabitants thereof,
and for the #rotection of the #ro#erty therein.
4he general welfare clause should be construed liberally
in favor of the local government units.
-.&> .rant of #ower to local governments.
Limited self:government to full autonomy. 4he old rule
is that munici#al cor#orations, being mere creatures of the law, have
only such #owers as are e(#ressly granted to them and those which are
necessarily im#lied or incidental to the e(ercise thereof and that grants
of #ower to them are to be construed strictly and any doubt should be
resolved in favor of the national government and against the #olitical
subdivision concerned.
4he rule of construction change with the enactment of
Re#ublic Act )o.&&,*, otherwise ;nown as the Local Autonomy Act.
Section %& of said Act #rovides in #art that the Jim#lied #ower of a
#rovince, a city or a munici#ality shall be liberally construed in its favor.
Any fair and reasonable doubt as to the e(istence of the #ower should
be inter#reted in favor of the local government and it shall be
#resumed to e(ist. 4his liberal construction is fortified by the
Constitution. %6-' Constitution is towards the fullest autonomy of local
government units.
Local .overnment Code N Jany #ower of a barangay,
munici#ality, city or #rovince shall be liberally construed in its favor.
Shall be resolved in favor of devolution of #owers and
of the lower local government unit. 4a( ordinance or revenue measure
shall be construed strictly against the local government unit enacting
it, and liberally in favor of the ta(#ayer. Any ta( e(em#tion construed
strictly against the #erson claiming it9 Liberally inter#reted to give
more #owers to local government units in accelerating economic
develo#met and u#grading the 2uality of life for the #eo#le in the
community9 governed by the original terms and conditions of said
contracts or the law in force at the time such rights were vested9
resolution of controversies may be had to the customs and traditions
in the #lace where the controversies ta;e #lace.
-.&6 Statutes granting ta(ing #ower.
0efore the %6-' Constitution, the rule is that a local
government unit, unli;e the sovereign state is clothed with no inherent
#ower of ta(ation. And the ta(ing #ower when granted is to be
construed strictissimi .uris. Any doubt or ambiguity arising out of the
terms used in granting that #ower must be resolved against the local
government unit. "nferences, im#lications, and deductions have no
#lace in the inter#retation of the ta(ing #ower of a munici#al
cor#oration.
0ased on the conce#t that local government, unli;e the
sovereign state, are allocated with no inherent #ower to ta(. 4he )ew
Constitution has changed such conce#t. 4he Constitution #rovides that
D7ach local government unit shall have the #ower to create its own
sources of revenue and to levy ta(es, fees and charges subject to such
guidelines and limitations as the congress may #rovide, consistent with
the basic #olicy of local autonomy. Statutes #rescribing limitations of
the ta(ing #ower of local government units must be strictly construed
against the national government and liberally in favor of the local
government units.
-.'= Statutes #rescribing #rescri#tive #eriod to collect ta(es.
Statutes #rescribing the #eriod of limitation of action for
the collection of ta(es is beneficial both to the government because ta(
officers would be obliged to act #rom#tly in the ma;ing of assessment,
and to citi1ens because after the la#se of the #eiod of #rescri#tion,
citi1ens would have a feeling of security against unscru#ulous ta(
agents who will always find an e(cuse to ins#ect the boo;s of
ta(#ayers, not to determine the latterKs real liability, but to ta;e
advantage of every o##ortunity to molest #eaceful, law:abiding
citi1ens.
-.'% Statues im#osing #enalties for non:#ayment of ta(.
Statues im#osing #enalties for non:#ayment of ta(es
within the re2uired #eriod are liberally construed in favor of the
government and strictly observed and inter#reted against the
ta(#ayer. Strong reasons of #ublic #olicy su##ort this rule. Such laws
are intended to hasten ta( #ayments or to #unish evasions or neglect
of duty in res#ect thereto.
4hey will not #lace u#on ta( laws so loose a
construction as to #ermit evasions on merely fanciful and insubstantial
distinctions. @hen #ro#er, a ta( statute should be construed to avoid
the #ossibilities of ta( evasions.
-.'& 7lection Laws.
7lection laws should be reasonably and liberally
construed to achieve their #ur#ose N to effectuate and safeguard the
will of the electorate in the choice of their re#resentatives N for the
a##lication of election laws involves #ublic interest and im#oses u#on
the Commission on 7lections and the courts the im#erative duty to
ascertain by all means within their command who is the real candidate
elected by the #eo#le.
7lections laws may be divided into three #arts for
#ur#oses of a##lying the rules of statutory construction. 4he first #art
refers to the #rovisions for the conduct of elections which elections
officials are re2uired to follow. 4he second #art covers those #rovisions
which candidates for office are re2uired to #erform. 4he third #art
embraces those #rocedural rules which are designed to ascertain, in
case of dis#ute, the actual winner in the elections.
Drules and regulations for the conduct of elections are
mandatory before the election, but when it is sought to enforce them
after the elections they are held to be directory only, if that is #ossible,
es#ecially where, if they are held to be mandatory, innocent voters will
be de#rived of their votes, without any fault on their #art. .enerally,
Dthe #rovisions of a statute as to the manner of conducting the details
of an elections are not mandatory, but directory merely, and
irregularities in conducting an elections and counting the votes, not
#roceeding from any wrongful intent and which de#rives no legal voter
of his votes, will not vitiate an election or justify the rejection of the
entire votes of a #recinct.
4he #rovisions of the election law which candidates for
the office are re2uired to com#ly are generally regarded as mandatory.
Gualifications of candidates, re2uiring the filing of certificates of
candidacy, defining election offenses, and limiting the #eriod within
which to file election contests, are mandatory and failure to com#ly
with such #rovisions are fatal.
4he #rovisions of the election law designed to
determine the will of the electorate are liberally construed. 4echnical
and #rocedural barriers should not be allowed to stand if they
constitute an obstacle in the choice of their elective officials.
7lection law intended to safeguard the will of the #eo#le
in their choice of their re#resentatives should be construed liberally to
achieve such #ur#ose.
7lection #rotest, which should be liberally construed to
the end that the #o#ular will e(#ressed in the election of #ublic officers
will not, by reason of #urely technical objections, be defeated.
Rigid a##lication of the law that will #reclude the court
from ascertaining the #o#ular will should be rejected in favor of a
liberal construction thereof that will subserve such end, where a rigid
and strict a##lication and enforcement of #rovisions of the election law
will safeguard #o#ular will and #revent transgression of suffrage and
the mandate of the majority, the #rovisions will be given strict
construction. 7lection contest, es#ecially a##reciation of ballots, must
be liberally construed to the end that the will of the electorate in the
choice of #ublic officials may not be defeated by technical infirmities.
-.'' Amnesty #roclamations.
Amnesty #roclamations should be liberally construes so
as to carry out their #ur#ose, which is to encourage the return to the
field of the law of those who have veered from the law. Amnesty and
#ardon are synonymous, and for this reason, the grant of #ardon
should li;ewise be construed liberally in favor of those #ardoned and
strictly against the state, for where two words are synonymous, the
rules for inter#reting one will a##ly to the other.
-.'* Statues #rescribing #rescri#tions of crimes.
A stature of limitation or #rescri#tion of offenses is in
the nature of amnesty granted by the state, declaring that after a
certain time, oblivion shall be cast over the offense. ?ence, statutes of
limitations are liberally of construction belongs to all acts of amnesty
and grace, but because the very e(istence of the statute is a
recognition and notification by the legislature of the fact that time,
while it gradually wears out #roofs and innocence, has assigned to it
fi(ed and #ositive #eriods in which it destroys #roofs of guilt.
-.'+ Ado#tion statues.
Ado#tion statutes are construed liberally in favor of the
child to be ado#ted with the liberal conce#t that ado#tion statutes,
being humane, and salutary, hold the interest and welfare of the child
to be a #aramount consideration and are designed to #rovide homes,
#arental care and education for the unfortunate, needy or or#haned
children and give them the #rotection of a society and family in the
#erson of the ado#ter.
-.', Veteran and #ension laws
Veteran and #ension laws are enacted to com#ensate a
class of men who suffered in the service for the hardshi#s they endured
and the dangers they encountered in line of duty. 4hey are e(#ression
of gratitude to and recognition of those who rendered service tot eh
country by e(tending to them regular monetary benefit. 3or these
reasons, such statutes are construed liberally to the end that their
noble #ur#ose is best accom#lished. ?owever, while veteran and
#ension laws are to be construed liberally, they should be so construed
as to #revent a #erson from receiving double #ension or com#ensation,
unless the law #rovides otherwise. Retirement or #ension laws are also
liberally construed. 0eing remedial in character, a statute creating
#ension or establishing retirement #lan should be liberally construed
and administered in favor of the #ersons intended to benefited thereby.
-.'- Rules of Court.
4he Rules of Court, being #rocedural, are to be
construed liberally with the end in view of reali1ing their #ur#ose N the
#ro#er and just determination of a litigation. A liberal construction of
the Rules of Court re2uires the courts, in the e(ercise of their functions,
to act reasonably and not ca#riciously, and enjoins them to a##ly the
rules in order to #romote their object and to assist the #arties in
obtaining a just, s#eedy and ine(#ensive determination of their cases,
means conducive to the reali1ation of the administration of law and
justice.
La#ses in the literal observance of a rule of #rocedure
will be overloo;ed when they do not involve #ublic #olicy, when they
arose from an honest mista;e or unforeseen accident, when they have
not #rejudiced the adverse #arty and have not de#rived the court of its
authority. Conceived in the best traditions of #ractical and moral
justice and common sense, the Rules of Court u#on:s#litting
technicalities that do not s2uare with their liberal tendency and with the
ends of justice.
4he literal stricture of the rule have been rela(ed in
favor of liberal construction in the following cases$ %. where a rigid
a##lication will result in a manifest failure or miscarriage of justice &.
where the interest of substantial justice will be served '. where the
resolution of the emotion is addressed solely to the sound and judicious
discretion of the court and *. where the injustice to the adverse #arty
is not commensurate with the degree of his thoughtlessness in not
com#lying with the #rescribed #rocedure.
-.'> 8ther statues.
Curative statutes are enacted to cure defects in a #rior
law or to validate legal #roceedings which would otherwise be void for
want of conformity with certain legal re2uirements. 4hey are intended
to su##ly defects, abridge su#erfluities and curb certain evils. 4heir
#ur#ose is to give validity to acts done that would have been invalid
under e(isting laws have been com#lied with. Curative statutes, by
their very nature, are retroactive.
Redem#tion laws, being remedial in nature are to be
construed liberally to carry our their #ur#ose, which is to enable the
debtor to have his #ro#erty a##lied to #ay as many debtorKs liabilities
as #ossible. 7(ecution are inter#reted liberally in order to give effect to
their beneficent and humane #ur#ose9 and to this end, any reasonable
doubt be construed in favor of the e(em#tion from e(ecution. Laws on
Attachment are also liberally construed in order to #romote their
#rojects and assist the #arties in obtaning s#eedy justice.
An instrument of credit, warehouse recei#ts #lay a very
im#ortant role in modern commerce, and accordingly, warehouse
recei#t laws are given liberal construction in favor of bona fide holders
of such recei#ts.
4he #ur#ose of the #robation being to give first:hand
offenders a second chance to maintain his #lace in society through the
#rocess of reformation, it should be liberally construed to achieve its
objective. 4hus, the #robation law may liberally construed by
e(tending the benefits thereof to any one not s#ecifically dis2ualified.
CHAPTER ?
A. IN GENERAL
- Statutes may be classified either as mandatory or directory.

Ma!&ato$y a!& &"$e#to$y stattes/ (e!e$a%%y
- Mandatory statute is a statute which commands either
#ositively that something be done, or #erformed in a #articular
way, or negatively that something be not done, leaving the
#erson concerned no choice on the matter e(ce#t to obey.
- Act e(ecuted against the #rovisions of mandatory or #rohibitory
laws shall be void, e(ce#t when the law itself authori1es their
validity.
- @here a statute is mandatory, the court has no #ower to
distinguish between material and immaterial breach thereof or
omission to com#ly with what it re2uires.
- A directory statute is a statute which is #ermissive or
discretionary in nature and merely outlines the act to be done
in such a way that no injury can result from ignoring it or that
its #ur#ose can be accom#lished in a manner other than that
#rescribed and substantially the same result obtained.
- 4he non#erformance of what it directory statute! #rescribes,
though constituting in some instances an irregularity or
subjecting the official concerned to disci#linary or
administrative sanction, will not vitiate the #roceedings therein
ta;en.
Whe! statte "s ma!&ato$y o$ &"$e#to$y
- 4he #rimary object is to ascertain legislative intent.
- Legislative intent does not de#end u#on the form of the statute.
- Consideration must be given to the entire statute, its object,
#ur#ose, legislative history and the conse2uences which would
result from construing it one way or the other, and the statute
must be construed in connection with other related statutes.
- 4he language of the statute, however mandatory in form, may
be deemed directory whenever the legislative #ur#ose can best
be carried out by such construction, but the construction of
mandatory words as directory should not be lightly ado#ted and
never where it would in fact ma;e a new law instead of that
#assed by the legislature.
- @hether a statute is mandatory or directory de#ends on
whether the thing directed to be done is of the essence of the
thing re2uired, or is a mere matter of form, and what is a
matter of essence can often be determined only by judicial
construction.

Test to &ete$m"!e !at$e of statte
- 4he test generally em#loyed to determine whether a statute is
mandatory or directory is to ascertain the conse2uences that
will follow in case what the statute re2uires is not done or what
it forbids is #erformed.
- @hether a statutory re2uirement is mandatory or directory
de#ends on its effects.
- "f no substantial rights de#end on it and no injury can result
from ignoring it9 and the #ur#ose of the legislature can be
accom#lished in a manner other than that #rescribed and
substantially the same results obtained, then the statute will
generally be regarded as directory9 but if not, it will be
mandatory.
- A statute will not be construed as mandatory and re2uiring a
#ublic officer to act within a certain time limit even if it is
couched in words of #ositive command if it will cause hardshi#
or injustice on the #art of the #ublic who is not at fault. )or will
a statute be inter#reted as mandatory if it will lead to absurd,
im#ossible or mischievous conse2uences.

La!(a(e se&
- Statutes using words of command, such as DshallF, DmustF,
DoughtF, or DshouldF, or #rohibition, such as DcannotF, Dshall
notF or Dought notF, are generally regarded as mandatory.
- 4he use of words of command or of #rohibition indicates the
legislative intent to ma;e the law mandatory.
- "t has been held that the intention of the legislature as to the
mandatory or directory nature of #articular statutory #rovision
is determined #rimarily from the language thereof.
Use of @sha%%A o$ @mstA
- As a general rule, the use of the word DshallF in a statute
im#lies that the statute is mandatory.
- "t means Dought toF, DmustF, and when used in a statute or
regulation, e(#resses what is mandatory.
- 4he term DshallF is a word of command, and one which has or
which must be given a com#ulsory meaning and it is generally
im#erative or mandatory.
- "f a different inter#retation is sought, it must rest u#on
something in the character of the legislation or in the conte(t
which will justify a different meaning.
- "t connotes com#ulsion or mandatoriness.
- 4his rule is not absolute. 4he im#ort of the word de#ends u#on
a consideration of the entire #rovision, its nature, object and
the conse2uences that would follow from construing it one way
or the other.
- 4he word DmustF in a statute, li;e DshallF is not always
im#erative. "t may be consistent with discretion. "f the
language of a statute considered as a whole and with due
regard to its nature and object reveals that the legislature
intended to use the word DmustF to be directory, it should be
given that meaning.
- 8ne test used to determine whether the word DshallF in
mandatory or discretionary is whether non:com#liance with
what is re2uired will result in the nullity of the act. "f it results
in the nullity of the act, the word is used as a command.
Use of @mayA
- 4he word DmayF is an au(iliary verb showing, among others
o##ortunity or #ossibility. /nder ordinary circumstances, the
#hrase Dmay beF im#lies the #ossible e(istence of something.
- .enerally s#ea;ing, the use of the word DmayF in a statute
denotes that it is directory in nature. 4he word DmayF is
generally #ermissive only and o#erates to confer discretion.
- 4he word DmayF as used in adjective laws, such as remedial
statutes which are construed liberally, is only #ermissive and
not mandatory.
Whe! @sha%%A "s #o!st$e& as @mayA a!& +"#e +e$sa
- <e#ending u#on a consideration of the entire #rovision, its
nature, its object, and the conse2uences that would follow from
construing it one way or the other, the convertibility of said
terms either as mandatory or directory is a standard recourse
in statutory construction.
- "t is well:settled that the word DmayF should be read as DshallF
where such construction is necessary to give effect to the
a##arent intention of the legislature.
- 4he word DmayF will, as a rule, be construed as DshallF where a
statute #rovides for the doing of some act which is re2uired by
justice or #ublic duty, or where it vests a #ublic body or officer
with #ower and authority to ta;e such action which concerns
the #ublic interest or rights of individuals.
- 4he word DshallF may be construed as DmayF when so re2uired
by the conte(t or intention of the legislature. "t shall be
construed merely as #ermissive when no #ublic benefit or
#rivate right re2uires that it be given an im#erative meaning.

Use of !e(at"+e/ -$oh")"to$y o$ e1#%s"+e te$ms
- A negative statute is mandatory. A negative statute is one
e(#ressed in negative words or in the form of an affirmative
#ro#osition 2ualified by the word DonlyF, said word having the
force of an e(clusionary negation.
- 4he use of the legislature of negative, #rohibitory or e(clusive
terms or words in a statute is indicative of the legislative intent
to ma;e the statute mandatory.
- 5rohibitive or negative words can rarely, if ever, be directory,
for there is but one way to obey the command, Dthou shall notF,
and that is to com#letely refrain from doing the forbidden act.
'. MAN.ATORY STATUTES
Stattes #o!fe$$"!( -o,e$
- Statutes which confer u#on a #ublic body or officer #ower to
#erform acts which concern the #ubic interests or rights of
individuals, are generally regarded as mandatory although the
language used is #ermissive only since such statutes are
construed as im#osing rather than conferring #rivileges.

Stattes ($a!t"!( )e!ef"ts
- Statutes which re2uire certain ste#s to be ta;en or certain
conditions to be met before #ersons concerned can avail of the
benefits conferred by law are, with res#ect to such
re2uirements, considered mandatory.
- 4he rule is based on the ma(im igilantibus et non
dormientibus .ura subeniunt or the laws aid the vigilant, not
those who slumber on their rights.
- 0otior est in tempoe, potior est in .ure: he who is first in time is
#referred in right.
Stattes -$es#$")"!( 3$"s&"#t"o!a% $e4"$eme!ts
- 4he general rule is that statutory re2uirements by which courts
or tribunals ac2uire jurisdiction to hear and decide #articular
actions must be strictly com#lied with before the courts or
tribunals can have authority to #roceed.
- ?ence, statutes #rescribing the various ste#s and methods to
be ta;en for ac2uisition by the courts or tribunals over certain
matters are considered mandatory.

Stattes -$es#$")"!( t"me to taBe a#t"o! o$ to a--ea%
- Statutes or rules #rescribing the time for litigants to ta;e
certain actions or to a##eal from an adverse decision is
generally mandatory.
- Such statutes or rules have been held as absolutely
indis#ensable to the #revention of needless delays and to the
orderly and s#eedy discharge of business and are a necessary
incident to the #ro#er, efficient, and orderly discharge of
judicial functions.
- Such statutes or rules re2uire strict, not substantial,
com#liance. Accordingly, they are not waivable, nor can they be
the subject of agreements or sti#ulations by litigants.
Stattes -$es#$")"!( -$o#e&$a% $e4"$eme!ts
- "n statutes relating to #rocedure, every act which is
jurisdictional, or of the essence of the #roceedings, or is
#rescribed for the #rotection or benefit of the #arty affected, is
mandatory. A statute which re2uires a court to e(ercise its
jurisdiction in a #articular manner, follow a #articular
#rocedure, or subject to certain limitations, is mandatory, and
an act beyond those limits is void as in e(cess of jurisdiction.
- 4he statute #rescribing such re2uirements is regarded as
mandatory, even though the language used therein is
#ermissive in nature.
E%e#t"o! %a,s o! #o!&#t of e%e#t"o!
- 4he #rovisions of election laws governing the conduct of
elections and #rescribing the ste#s election officials are re2uired
to do in connection therewith are mandatory before the
elections9 however, when it is sought to enforce them after the
elections, they are held to be directory only, if that is #ossible,
es#ecially where, if they are held to be mandatory, innocent
voters will be de#rived of their votes without any fault on their
#art.
- /nless of a character to affect an obstruction to the free and
intelligent casting of the votes, or to the ascertainment of the
result, or unless the #rovision affects an essential element of
the election, or unless it is e(#ressly declared by the statute
that the #articular act is essential to the validity of an election,
or that its omission shall render it void.
E%e#t"o! %a,s o! 4a%"f"#at"o! a!& &"s4a%"f"#at"o!
- 4he rule that election laws are mandatory before but not after
the elections a##lies only to those #rovisions which are
#rocedural in nature affecting the conduct of the election as
well as to those which direct or re2uire election officials to do or
#erform certain acts, the #ur#ose of such construction being to
#reserve the sanctity of the ballot and carry out the will of the
electorate.
- 4he rule does not a##ly to #rovisions of the election laws
#rescribing the time limit to file certificates of candidacy and
the 2ualifications and dis2ualifications to elective office.
- 4hese #rovisions are considered mandatory even after
elections.
Stattes -$es#$")"!( 4a%"f"#at"o!s fo$ off"#e
- 7ligibility to a #ublic office is of a continuing nature and must
e(ist at the commencement of the term and during the
occu#ancy of the office. Statutes #rescribing the eligibility or
2ualifications of #ersons to a #ublic office are, as a rule,
regarded as mandatory.
Stattes $e%at"!( to assessme!t of ta1es
< "t is a general rule that the #rovisions of a statute relating to the
assessment of ta(es, which are intended for the security of the citi1ens,
or to insure the e2uality of ta(ation, or for certainty as to the nature
and amount of each otherKs ta(, are mandatory9 but those designed
merely for the information or direction of officers or to secure
methodical and systematic modes of #roceedings are merely directory.
Stattes #o!#e$!"!( -)%"# a#t"o! sa%e
- Statutes authori1ing #ublic auction sale of #ro#erties and
#rescribing the #rocedure to be followed are in derogation of
#ro#erty rights and due #rocess, and are construed, with
res#ect to the #rescribed #rocedure, to be mandatory.
- 4he #rescribed ste#s must be followed strictly9 otherwise, the
sale at #ublic auction shall be void.
C. .IRECTORY STATUTES
Stattes -$es#$")"!( ("&a!#e fo$ off"#e$s
- 4here are statutory re2uisitions intended for guidance of
officers in the conduct of business devolved u#on them which
do not limit their #ower or render its e(ercise in disregard of
the re2uisitions ineffectual.
- 5rovisions of this character are not usually regarded as
mandatory, unless accom#anied by negative words im#orting
that the acts re2uired shall not be done in any other manner or
time than that designated.
Stattes -$es#$")"!( ma!!e$ of 3&"#"a% a#t"o!
- Statutes #rescribing the re2uirements as to the manner of
judicial action that judges should follow in the discharge of their
functions are, as a rule, merely directory.
- "t should not be assumes in the absence of s#ecific language to
the contrary that the legislature intended that the right of
#arties should be seriously affected by the failure of a court or
some officer to com#ly strictly with the statutory re2uirements
of official action.
- 5rocedure is secondary in im#ortance to substantive right, and
the non observance of such #rocedure should never be
#ermitted to affect substantive right, unless the intention of the
legislature is clearly e(#ressed.
- "t is universally held that statutes of this nature are merely
directory and noncom#liance therewith is not necessary to the
validity of the #roceedings.
Stattes $e4"$"!( $e!&"t"o! of &e#"s"o! ,"th"! -$es#$")e& -e$"o&
- 4he constitution #rovides that the ma(imum #eriod within
which a case or matter shall be decided or resolved from the
date of its submission, shall be &* months for the Su#reme
Court, and unless reduced by the Su#reme Court, %& months
for lower collegiate courts and ' months for all other lower
courts.
- 7ach Constitutional Commission shall decide any case brought
before it within si(ty days from the date of its submission for
resolution.
- A judgment #romulgated after the e(#iration of the said #eriod
is not null and void, although the officer who failed to com#ly
with the lay may be dealt with administratively in conse2uence
of his delay:unless the intention to the contrary is manifest.
- @here a statute s#ecifies the time at or within which an act is
to be done by a #ublic officer or body, it is generally held to be
directory only as to the time, and not mandatory, unless the
time is of the essence of the thing to be done, or the language
of the statute contains negative words, or shows that the
designation of the time was intended as a limitation of #ower,
authority or right.
- 4he better rule is that where a construction of a time #rovision
as mandatory will cause great injury to #ersons not at fault or
result in a miscarriage of justice, such conse2uence should be
avoided by construing the statute as directory, for reasons of
fairness, justice and fair #lay re2uire such construction.
- "t has been held that a statute re2uiring rendition of judgment
within a s#ecified time is generally construed to be merely
directory, so that non:com#liance with them does not invalidate
the judgment on the theory that if the statute had intended
such result, it would have clearly indicated.
- ?owever, while the #eriod fi(ed by law to resolve a case is
merely directory, it cannot be disregarded or ignored
com#letely with absolute immunity.
- "t cannot be assumed that the law has included a #rovision that
is deliberately intended to become meaningless and to be
treated as a dead letter.
Co!st"tt"o!a% t"me -$o+"s"o! &"$e#to$y
- <oes the Constitution alter the general rule and render time
#rovision to decide mandatoryQ "s a decision rendered beyond
the #eriod #rescribed in the Constitution: &* months for the
Su#reme Court, %& months for the lower collegiate courts and '
months for other lower courts: null and voidQ
- 4?7 Su#reme Court gave negative answers Marcelino v. Cru1!
CHAPTER C
I. P$os-e#t"+e A!& Ret$oa#t"+e Stattes* .ef"!"t"o!
5ros#ective statute is one, which o#erates u#on facts loo;s and
a##lies to the future.
A retroactive law is a law which disability in res#ect to a transaction
already #ast.
"". La,s O-e$ate P$os-e#t"+e%y/ Ge!e$a%%y
A. Rule$ statutes are to be construed as having only #ros#ective
o#eration, unless the intent of the legislature to give them
retroactive effect is e(#ressly declared or is necessarily im#lied
from the language used Montilla vs. Agustinia Cor#.!
7mbodied in Article * of the civil code
Le% prospicit, non respicit N the law loo;s forward, not bac;ward
Le% futuro, .ude% de praeterito N the law #rovides for the future,
the judge for the #ast
4he fact that the law is silent as to the date of its a##lication and
that is couched in the #ast tense does not necessarily im#ly that it
should have retroactive effect.
B. Reason for the general rule
4he law has no binding effect until it is enacted hence it has no
a##lication to #ast but only to future times.
1oa consitutio futuris formam imponere debet non praeteritis N a
new statute should affect the future, not the #ast.
""". P$esm-t"o! a(a"!st $et$oa#t"+"ty
4he #resum#tion is that all laws o#erate #ros#ectively unless the
contrary clearly a##ears or is clearly #lainly and une2uivocally
e(#ressed or necessarily im#lied Cebu 5ortland vs. Commission of
"nternal Revenue!.
"n every case of doubt, doubt must be resolved against retroactive
o#eration of laws
"V. Wo$&s O$ Ph$ases I!&"#at"o! P$os-e#t"+"ty
%! ?ereafter
&! 4hereafter
'! "n the enacting clause$ Dfrom and after the #assing
of this actF
*! DshallF Cebu 5ortland vs. C"R
+! DShall ta;e effect u#on its a##rovalF Commissioner
of "nternal Revenue vs. 3ili#inas Com#ania de
Seguros
V. Ret$oa#t"+e stattes
4he constitution does not #rohibit the enactment of retroactive
statutes, which do not im#air the obligations of contract, de#rive
#ersons of #ro#erty without due #rocess of law, or divest rights
that have already become vested.
7( #ost facto laws are #rohibited.
V". States G"+e! P$os-e#t"+e Effe#t
A. 5enal statutes, generally
Article &% R5C N no felony shall be #unishable by any #enalty not
#rescribed to its commission
0asis of Article &%$ 1ullum crimen sine poena, nulla poena sine
legis$ there is no crime if there is no law #unishing it.
B. 7( #ost facto laws
Rule$ )o e( #ost facto laws shall be enacted
Ma;es an act done before the #assage of the law and which is
innocent when done, and #unishes such act.
A##lies only to criminal or #enal matters and not to civil laws
C. 0ill of attainder
Rule$ )o bill of attainder shall be enacted
0ill of attainder is a legislative act, which inflicts #unishment
without judicial trial.
"f a law is bill of attainder, it is an e( #ost facto law. "f it is not an
e( #ost facto law, it is not a bill of attainder.
D. @hen #enal laws a##ly retroactively
/nless it is favorable to the accused Article &&, R5C!
4his is founded on conscience and good law and contained in
a#horism$ 2aorabilia sunt amplianda, adiosa restringenda laws
that are favorable to the accused are given retroactive effect.
7(ce#tion$
a! @hen the accused is a habitual delin2uent.
b! @here the later statute e(#ressly #rovide that it shall not a##ly
to e(isting actions or #ending cases
c! Accused disregards the later law and invo;es the #rior statute
under which he was #rosecuted.
d! Amendatory statute which renders an illegal act #rior to
enactment legal is generally given retroactive effect unless it is
e(#ressly #rovide that such statute will not a##ly retroactively.
E. Statutes substantive in nature
Substantive law, which creates, defines or regulates rights
concerning life, liberty or #ro#erty creates substantive rights!
"n the absence of legislative intent, substantive laws should a##ly
#ros#ectively.
5rocedural laws are retroactive.
F. 7ffects of #ending actions
A later statute restricting the jurisdiction of the court will not be so
construed as to affect the #ending action, unless the statute itself
#rovides or unless e(#ress #rohibitory words are used,
@here a court which has no jurisdiction over a certain case but
nevertheless decides it, from which a##eal is ta;en, a statue
enacted during the #endency of the a##eal vesting jurisdiction u#on
such trial court over the subject matter or such case may not be
given retroactive effect so as to validate the judgment of the court
Substantive laws are generally not a##licable to #ending cases and
#roceedings unless #rovided by the law.
G. Gualification of rule
Substantive law only a##lies to #ending action of such is the clear
intent of the law, or it is a measure to #romote social justice or in
the e(ercise of #olice #owers.
Cases must be decided in the light of the law as it e(ists at the time
of the decision by the a##ellate court
H. Stattes affe#t"!( +este& $"(hts
A statute may not be construed and a##lied retroactively if it
im#airs substantive right that has become vested.
I. Statutes affecting obligation of contract.
Laws e(isting at the time of the e(ecution of contract are the one
a##licable to such transactions and not later statutes, unless the
latter #rovide that they shall have retroactive effect.
Later statutes shall not be given retroactive effect if it im#airs
obligations of contracts.
J. Re#ealing and amendatory acts
Statutes which re#eal earlier or #rior laws o#erate #ros#ectively
unless it is the intent of the legislature to give them retroactive
effect.
Re#ealing statue will not be given retroactive effect if it will im#air
vested rights of the obligation of contract.
V"". Stattes that a$e ("+e! $et$oa#t"+e effe#t
A. 5rocedural laws N adjective laws which #rescribe rules and
forms of #rocedure of enforcing rights or obtaining redress for
their invasion.
4he general rule that statutes are #ros#ective and not retroactive
does not ordinarily a##ly to #rocedural laws.
Remedial laws N laws relative to remedies or confirmation of rights
already e(isting.
Administrative rule N inter#retative of a #re:e(isting statute and not
declarative of certain rights with obligations is given retroactive
effect as of the date of the effectivity if the statute
V""". E1#e-t"o!s to the $%e
.eneral rule$ #rocedural laws are a##licable to #ending actions or
#roceedings
7(ce#tions$
%. @hen statute e(#ressly #rovides or by necessary
im#lication
&. "f a##lying #rocedural laws retroactively would not be
feasible or would wor; injustice.
'. "f it would involve intricate #roblems of due #rocess or
im#air inde#endence of the court.
"O. C$at"+e stattes
?ealing acts9 cures defects and adding to the means of enforcing
e(isting obligations. Ma;es valid that which before the enactment if
the statute was invalid.
Rule$ if the thing omitted or failed to be done and which constitutes
the defect sought to be remove or made harmless is something
which the legislature might dis#ensed with by a #revious statute, it
may do so by a subse2uent one.
Retroactive
O. L"m"tat"o!s to the $%e
.eneral rule$ Curative and remedial statutes ill not be a##lied
retroactively if they im#air vested rights
7(ce#tion$ "f the curative or remedial statute is enacted as #olice
#ower measure$ a##lies retroactively even if it curtails vested
rights.
O". Po%"#e -o,e$ %e("s%at"o!s
Reason for the e(ce#tion$ the non:im#airment of obligations of
contract or of vested rights must yield to the legitimate e(ercise of
#ower, by the legislature, to #rescribe the regulations to #romote
the health, morals, #eace, education, good order, safety and
general welfare of the #eo#le.
O"". Stattes $e%at"!( to -$es#$"-t"o!
.eneral rule$ statute relating to #rescri#tion of action, being
#rocedural in nature, a##lies to all actions filed after its effectivity.
"t is #ros#ective a##lies to causes that accrued and will accrue
after it too; effect! and retroactive it a##lies to causes that
accrued before its #assage!
7(ce#tions to retroactivity$
%. "f to do so will remove the bar of limitation, which has
become com#lete or disturb e(isting claims without
allowing a reasonable time to bring actions thereon.
&. "f it will im#air vested rights
O""". P$es#$"-t"o! "! #$"m"!a% a!& #"+"% #ases
.eneral rule$ laws on #rescri#tion of action a##ly as well to crimes
committed before the enactment as afterwards
<ifference$
A. Civil suit$ the statute is enacted by legislature as an im#artial
arbiter between two contending #arties, not intended to be
made in favor of either #arty
B. Criminal suite$ statutes of limitation is a grantor surrendering
by act of grace its right to #rosecute or declare that the offense
is no linger subject of #rosecution after the #rescri#tive #eriod$
till be a##lied retroactively if favorable to the accused.
O"V. Stattes $e%at"!( to a--ea%s
.eneral rule$ right to a##eal from an adverse judgment is
statutory and may be ta;en away.
Remedial or #rocedural in nature and a##lies to #ending actions.
Cannot be a##lied retroactively if it will im#air vested rights
"n absence of a clear legislative intent to the contrary, a statue
shortening the #eriod for ta;ing a##eals is to be given #ros#ective
effect and may not be a##lied to #ending #roceedings in which
judgment has already been rendered at the time of its enactment.
CHAPTER 1D
I. Ame!&me!t
A. 5ower to amend
Legislature has the #ower to amend, subject to constitutional
re2uirement, any e(isting law
Su#reme court, in the e(ercise of its rule:ma;ing #ower or of its
#ower to inter#ret the law, has no authority to amend or change
the law
0. ?ow amendment effected
0y addition, deletion, or alteration of a statute which survives in its
amended form.
0y enacting amendatory act modifying or altering some #rovisions
of the statue either e(#ressly or im#liedly
7(#ress amendment$ done by #roviding amendatory act that s#ecific
sections or #rovisions of a statute are amended9 indicated as $ D to read
as follows.
C. Amendment by im#lication
4here is im#lied amendment where a #art of a #rior statute
embracing the same subject as the later act may not be enforced
without nullifying the #ertinent #rovision of the latter in which
event, #rior act is deemed amended to the e(tent of the
re#ugnancy.
<. @hen amendment ta;es effect
After %+ days following the #ublication in the 8fficial .a1ette or
news#a#er of general circulation
7. ?ow construed
A statute and its amendment should be read together as a whole
meaning, it should be read as if the statue has been originally
enacted in its amended form.
5ortions not amended will continue to be in force with the same
meaning they have before amendment.
3. Meaning of law changed by amendment
.eneral rule$ an amended act would be given a construction
different from that of the law #rior to its amendment for it is
#resumed that legislatures would not have amended the statue if it
did not intend to change its meaning.
.. Amendment o#erates #ros#ectively
.eneral rule$ amendatory act o#erates #ros#ectively unless the
contrary is #rovided or the legislative intent to give it a retroactive
effect is necessarily im#lied from the language used and no vested
rights is im#aired.
?owever, amendments relating to #rocedures should be given
retroactive effect.
?. 7ffect of amendment in vested rights
Rule$ after the statute is amended, the original act continues to be
in force with regard to all rights that had accrued #rior to the
amendment or to obligations that were contracted under the #rior
act.
". 7ffect of amendment on jurisdiction
Rule$ a subse2uent statute amending a #rior act with the effect of
divesting the court of jurisdiction may not be construed to o#erate
to oust jurisdiction that has already attached under the #rior law.
C. 7ffect of nullity of #rior or amendatory act
An invalid or unconstitutional law does not in legal contem#lation
e(ist.
@here a statute amended in invalid, nothing in effect has been
amended. 4he amended act shall be considered the original or
inde#endent act.
@hen the amended act is declared unconstitutional, the original
statute remains unaffected and in force.
II. Re+"s"o! a!& Co&"f"#at"o!
E. .enerally$ restating the e(isting laws into one statute in order
to sim#lify com#licated #rovisions.
L. Construction to harmoni1e different #rovisions
4he different #rovisions of a revised statute or code should be read
and construed together.
@here there is irreconcilable conflict$ that which is best in accord
with the general #lan or, in the absence of circumstances u#on
which to base a choice, that which is later in #hysical #osition,
being the latest e(#ression of legislative will, will #revail.
M. @hat is omitted is deemed re#ealed
@hen both intent and sco#e clearly evince the idea of a re#eal,
then all #arts and #rovisions of the #rior act that are omitted from
the revised act are deemed re#ealed.
). Change in #hraseology
Rule$ )either an alteration in #hraseology nor omission or addition
of words in the later statute shall be held necessarily to alter the
construction of the former acts.
8. Continuation of e(isting law
Rule$ the rearrangement of section or #arts of a statute, or the
#lacing of #ortions of what formerly was a single section in se#arate
section, does not o#erate to change the o#eration, effect and
meaning of the statute, unless changes are of such nature as to
manifest the cleat intent to change the former laws.
III. Re-ea%s
5. 5ower to re#eal
Legislature has #lenary #ower to re#eal, Su#reme court, while it
has the #ower to #romulgate rule of #rocedure, it cannot in the
e(ercise of such #ower alter, change or re#eal substantive laws.
G. Re#eal$ total or #artial, e(#ress or im#lied
%. 4otal$ rendered revo;ed com#letely
&. 5artial$ Leaves the unaffected #ortion of the statue in force
'. 7(#ress$ there is a declaration in a statute re#ealing
clause!
*. "m#lied$ all other re#eals
R. Re#eal by im#lication
4wo well:settled categories$
%. @here the #rovisions in the two acts on the same subject
matter are irreconcilable, the later act re#eals the earlier
one
&. Later act covers the whole subject of the earlier one and is
clearly intended as substitute.
S. "rreconcilable inconsistency
Rule$ re#ugnancy must be clear and convincing or the later law
nullifies the reason or #ur#ose of the earlier to call for a re#eal.
Mere difference in terms will not create re#ugnance.
Leges posteriors priores contraries abrogant$ A later law re#eals an
earlier law on the same subject which is re#ugnant thereto.
4. "m#lied re#eal by revision or codification
Rule$ @here a statute is revised or a series of legislative acts on
the same subject are revised and consolidated into one, covering
the entire field of subject matter, all #arts and #rovisions of the
former act or acts that are omitted from the revised act are
deemed re#ealed.
/. Re#eal by reenactment
@here a statute is a reenactment of the whole subject in
substitution of the #revious laws on the matter, the latter
disa##ears entirely and what is omitted in the reenacted law is
deemed re#ealed.
V. 8ther forms of im#lied re#eal
%. @hen two laws is e(#ressed in the form of a universal
negative$ a negative statute re#eals all conflicting
#rovisions unless the contrary intention is disclosed.
&. @here the legislature enacts something in general terms
and afterwards #asses another on the same subject,
although in affirmative language, introduces s#ecial
condition or restrictions.
@. Re#ealing clause
All laws or #art thereof, which are inconsistent with this act, are
hereby re#ealed or modified accordingly.
)ature of this clause$ not an e(#ress re#eal rather, it is a clause
which #redicates the intended re#eal u#on the condition that a
substantial conflict must be found on e(isting and #rior acts of the
same subject matter
7( #ro#rio vigore
Rule$ the failure to add a s#ecific re#ealing clause #articularly
mentioning the statute to be re#ealed indicated the intent was not
to re#eal any e(isting law on the matter unless an irreconcilable
inconsistency and re#ugnancy e(ist in the terms of the new and old
laws.
O. Re#eal by im#lication not favored
Rule$ Re#eals by im#lication not favored
5resum#tion is against inconsistency and against im#lied re#eals
for it is #resumed that legislatures ;now e(isting laws on the
subject and not to have enacted inconsistent or conflicting statutes.
Y. Leges posteriores priores contraries arogant N later
statue re#eals #rior ones which are re#ugnant thereto. As
between two laws, on the same subject matter, which are
irreconcilable inconsistent, that which is #assed later #revails.
R. .eneral law
Rule$ .eneral law on a subject does not o#erate to re#eal a #rior
s#ecial law on the same subject unless clearly a##ears that the
legislature has intended the later general act to modify the earlier
s#ecial law.
Generalia specialibus non derogant $ a general law does not nullify
a s#ecific or s#ecial law.
Reason$ the legislature should ma;e #rovisions for all circumstance
of the #articular case.
AA. @hen s#ecial or general law re#eals the other
Rule$ @here a later s#ecial law on a #articular subject is re#ugnant
to or inconsistent with a #rior general law on the same subject, a
#artial re#eal of the latter is im#lied to the e(tent of the
re#ugnancy or e(ce#tion granted u#on the general law.
Legislative intent to re#eal must be shown in the act itself, the
e(#lanatory not to the bill before its #assage into a law, the
discussion on the floor of the legislature and the history of the two
legislations.
Rule$ .eneral law cannot be construed to have re#ealed a s#ecial
law by mere im#lication.
Rule$ "f intention to re#eal the s#ecial law is clear, the s#ecial law
will be considered as an e(ce#tion to the general law will not a##ly.
S#ecial law is re#ealed by im#lication.
00. 7ffects of re#eals
%. Statute is rendered ino#erative
&. <oes not undo the conse2uences of the o#eration of the
statute while in force
'. <oes not render illegal what under the re#ealed act is legal
*. <oes not la;e legal what under the former law is illegal
CC. 8n jurisdiction
Curisdiction to try and decide actions is determined by the law in
force at the time the action is filed.
.eneral rule$ where the court or tribunal has already ac2uired and
is e(ercising jurisdiction over a controversy, its jurisdiction to
#roceed to final determination of the cause is not affected by the
new legislation re#ealing the statue which originally conferred
jurisdiction unless the re#ealing statute #rovides otherwise
e(#ressly or by necessary im#lication.
<<. 8n jurisdiction to try criminal cases
Curisdiction of a court to try a criminal case is determined by the
law in force at the time the action is instituted.
77. 8n actions #ending or otherwise
4he general rule is that the re#eal of a statue defeats all actions
and #roceedings including those which are still #ending.
33. 8n vested rights
Re#eal of a statute does not destroy or im#air rights that accrued
and became vested under the statute before its re#eal.
... 8n contracts
@hen a contract is entered into by the #arties on the basis of the
law when obtaining, the re#eal or amendment of said law does not
affect the terms of the contract not im#air the right of the #arties
thereunder.
??. 7ffect of re#eal of ta( law
Re#eals does not #reclude the collection of ta(es assessed under
the old law before its re#eals unless the re#ealing statute #rovides
otherwise
"". Re#eal and enactment
Simultaneous re#eal and reenactment of a statue does not affect
the rights and liabilities which have accrued under the original
statute since the reenactment neutrali1es the re#eal and continues
the law in force without interru#tion.
CC. 7ffect of re#eal of #enal laws
Re#eal without 2ualification of #enal law de#rived the court of the
jurisdiction to #unish #ersons charged with a violation of the old
law #rior to its re#eal.
@here re#eal is absolute, crime no longer e(ists.
7(ce#tion$
%. 4he re#ealing act reenacts the statute and #enali1es the
same act #reviously #enali1ed under the re#ealed law, the
act committed before the reenactment continues to be a
crime.
&. @here the re#ealing act contains a saving clause #roviding
that #ending actions shall not be affected, the latter will
continue to be #rosecuted in accordance with the old law.
o <istinction as to effect of re#eal and e(#iration of law
"n absolute re#eal, the crime is obliterated
"n e(#iration of #enal law by its own force does not have that effect
EE. 7ffect of re#eal of munici#al charter
Su#erseding of the old charter by a new one has the effect of
abolishing the offices under the old charter.
LL. Re#eal or nullity of re#ealing law
Law first re#ealed shall not be revived unless e(#ressly #rovided
@here a re#ealing statute is declared unconstitutional, it will have
no effect of re#ealing the former statute.
CHAPTER 11 ECONSTITUTIONAL CONSTRUCTIONF
C8)S4"4/4"8)
3undamental law which sets u# a form of government and defines
and delimits #owers thereof.
"s su#reme, im#erious, absolute and unalterable e(ce#t by the
authority from which it emanates
Authority of which emanates from the sovereign #eo#le
8R".") A)< ?"S48RM
%6'+ Constitution
Act of /S CongressH4ydings:Mcduffie Law authori1ed the #eo#le of
5.". to ado#t a Constitution
Ste#s
% <rafting and a##roval of the Constitutional Convention
& Certification of the /S 5resident
' Ratification by the 3ili#ino #eo#le: May %*, %6'+
%6-+ Constitution
R.A. ,%'& N call for a convention to #ro#ose amendments of the
%6'+ Constitution
Aug &*, %6-=: election of delegates
Se#t &%, %6-&: declaration of Martial Law
Can %-, %6-': %6-' Constitution is #roclaimed ratified
3reedom Constitution
March &+, %6>,:3eb &, %6>-
%6>- Constitution
5/R58S7 83 C8)S4"4/4"8)AL C8)S4R/C4"8)
4o ascertain intent or #ur#ose of the framers of the Constitution as
e(#ressed in the language of the fundamental law, and thereafter
to assure reali1ation.
M8<AL"4"7S 83 C8)S4"4/4"8)AL C8)S4R/C4"8)
")4R")S"C
4e(tualHLiteral inter#retationH5lain:meaning
4erms must be construed in their general and ordinary
sense
.eneral #revails over the restricted unless the limited
sense is intended
Structural
<rawing inferences from the architecture of the
Constitution
Construction as a whole
A #rovision in the Constitution should not be construed
in isolation rather as a whole and a##arently conflicting
#rovisions should be reconciled and harmoni1ed in a
manner that may give to all of them full of force and
effectB
7O4RA)78/S
?istorical
Relying on circumstances, historical events and
ideological #ositions u#on the ado#tion of the
Constitution
5roceedings of the Convention
<ebates, inter#retations, and o#inions e(#ressed
concerning #articular #rovisions yield additional insight
on the intent and meaning thereof but are not absolute
and conclusive for the Constitution does not derive its
force from the convention but from the #eo#le who
ratified it. Moreover, o#inions e(#ressed by some
individuals during the convention, do not necessarily
reflect the state of mind of those who did not e(#ress
their o#inion.
<octrinalH5revious laws and judicial rulings
Relying on established #recedents
Courts are bound to #resume that the #eo#le ado#ting
a constitution are familiar with the #revious and
e(isting laws u#on the subjects to which its #rovisions
relate and u#on which they e(#ress their judgment and
o#inion in its ado#tion
Contem#oraneous construction and writings
Relying on construction of the legislative and e(ecutive
de#artments
@here a legislature has revised a statute after a
constitution has been ado#ted, such a revision is to be
regarded as a legislative construction.
Changes in 5hraseology
A change in #hraseology of the #resent Constitution
may indicate an intent t modify or change the meaning
of the old #rovision and thus reflect a different intent
Conse2uence of alternative constructions
@here a constitutional #rovision is ambiguous, that
construction which lead to absurd, im#ossible or
mischievous conse2uences must be rejected
84?7R R/L7S$
Constitution construed as a whole
A #rovision in the Constitution should not be construed
in
isolation rather as a whole and a##arently, conflicting
#rovisions
should be reconciled and harmoni1ed in a manner that
may give to all
of them full force and effect.
Mandatory or <irectory
4he established rule is that constitutional #rovisions are
to be construed as mandatory, unless by e(#ress
#rovision or by
necessary im#lication, a different intention is
manifested. "t is a
general rule to regard constitutional #rovisions as
mandatory and
not to leave any discretion to the will of a legislature to
obey or
to disregard them. 4his #resum#tion as to mandatory
2uality is
usually followed unless it is unmista;ably manifest that
the
#rovisions are intended to be merely directory. 4he
reason why
#rovision of the constitution are generally regarded as
mandatory is
that in a constitution, the sovereign itself s#ea;s and is
laying
down the rules which for the time being at least are to
control
ali;e the government and the governed. "ts #rovisions
are binding
u#on all de#artments of the government.
5ros#ective or Retroactive
4he rule is that a constitution should o#erate
#ros#ectively
only, unless the words em#loyed show a clear intention
that it
should have a retroactive effect.
A##licability of Statutory Construction to Constitutional
Construction
Some of the rules in statutory construction are
a##licable to the construction of the Constitution
.enerally, 5rovisions of the Constitution are self:e(ecuting in
nature
4he general rule is that constitutional #rovisions are
self:
e(ecuting, e(ce#t when the #rovisions themselves
e(#ressly re2uire
legislations to im#lement them or when, from their
language or
tenure, they are merely declarations of #olicies and
#rinci#les. A
self:e(ecuting #rovision is one which is com#lete by
itself and
becomes o#erative without the aid of su##lementary or
enabling
legislation, or which su##lies sufficient rule by means of
which the
right it grants may be enjoyed or #rotected. 4he rule is
that in
case of doubt, the Constitution should be considered
self:e(ecuting
rather than non:self:e(ecuting
LATIN MA7IMS
(bsoluta sententia e%positore non indiget
@hen the language of law is clear, no e(#lanation of it is re2uired.
#.%&-!
(e'uitas nun'uam contraenit legis
72uity never acts in contravention of the law. #.%&>!
,asus omissus pro omisso habendus est
A #erson, object, or thing omitted from an enumeration must be held to
have been omitted intentionally. #.&'%!
,essante ratione legis, cessat et ipsa le%
@hen the reason of the law ceases, the law itself ceases. #.%*&!
,ontemporanea e%positio est optima et fortissima in lege
4he contem#orary construction is strongest in law. #.%%=!
)ura le% sed le%
4he law may be harsh, but that is the law. #.%&- and #.&6>!
/a est accipienda interpretatio 'uae itio caret
4hat inter#retation is to be ado#ted which is free from evil or injustice.
#.%+'!
/% dolo malo non oritur action
)o man can be allowed to found a claim u#on his own wrongdoing.
#.%-*!
/% necessitate legis
0y necessary im#lication of law. glossary!
3rom the necessity of the law. #.%,*!
/%pressio unius est e%clusio alterius
4he e(#ress mention of one #erson, thing, or conse2uence im#lies the
e(clusion of all others. #.&&&!
2alsa demonstratio non nocet, cum de corpore constat
3alse descri#tion does not #reclude construction nor vitiate the
meaning of the statute. glossary!
3alse descri#tion does not #reclude construction nor vitiate the
meaning of the statute which is otherwise unclear. #.%,%!
2iat .usticia, ruat coelum
Let right be done, though the heavens fall. #.%+*!
*oc 'uidem per'uam durum est, sed ita le% scripta est
"t is e(ceedingly hard but so the law is written. #.%&-!
$bi 'uid generaliter conceditur3 inest haec e%ceptio, si non ali'uid sit
contras .us bas'ue
@here anything is granted generally, this e(ce#tion is im#lied9 that
nothing shall be contrary to law and right. #.%,%!
$mpossibilium nulla obligatio est
4here is no obligation to do an im#ossible thing. #.%,&!
$n eo 'uod plus sit, semper inest et minus
4he greater includes the lesser. #.%,*!
$n pari delicto potior est conditio defendentis 4p!5678
in the boo;, this ma(im a##ears to mean D)o man should be allowed
to ta;e advantage of his own wrong,F but that is also the meaning of
1ullus commodum potest de in.uria propriasua!
$nde% animi sermo 4p!5978
$nde% animi sermo est 4glossary8
S#eech is the inde( of intention.
$nterest reipublicae ut sit finis litium
4he interest of the State demands that there be an end to litigation.
#.%&&!
5ublic interest re2uires that by the very nature of things there must be
an end to a legal controversy. glossary and #.'*=!
$nterpretatio fienda est ut res magis aleat 'uam pereat
4hat inter#retation as will give the thing efficacy is to be ado#ted.
#.%'%!
A law should be inter#reted with a view to u#holding rather than
destroying it. glossary and #.&+,!
$nterpretatio talis in ambiguis semper fienda est ut eitetur
inconeniens et absurdum 4p!57: and glossary8
$nterpretato talis in ambiguis semper frienda est, ut eitatur
inconeniens et absurdum 4p!5;98
@here there is ambiguity, such inter#retation as will avoid
inconvenience and absurdity is to be ado#ted.
<ure naturae ae'uum est neminem cum alterius detrimento et in.uria
fieri locupletiorem
4he fact that a statute is silent, obscure, or insufficient with res#ect to
a 2uestion before the court will not justify the latter from declining to
render judgment thereon. #.%+-!
Legis inter#retatio legis vim obtinet 4glossary8
Legis interpretato legis im obtinet #.,-!
4he authoritative inter#retation of the court of a statute ac2uires the
force of law by becoming a #art thereof. glossary!
4he authoritative inter#retation of the Su#reme Court of a statute
ac2uires the force of law by becoming a #art thereof. #.,-!
Le% prospicit, non respicit
4he law loo;s forward, not bac;ward. #.,> and #.'+&!
&aledicta est e%positio 'uae corrumpit te%tum
"t is dangerous construction which is against the te(t. #.%&,!
1emo tenetur ad impossibile
4he law obliges no one to #erform an im#ossibility. #.%,&!
1ullus commodum potest de in.uria propriasua 4glossary8
)ullus commodum ca#ere #otest de injuria sua #ro#ria 4p!5678
)o man should be allowed to ta;e advantage of his own wrong.
Obiter dictum
An o#inion e(#ressed by a court on some 2uestion of law which is not
necessary to the decision of the case before it. #.%&&!
Optimus interpres rerum usus
4he best inter#reter of the law is usage. #.%%*!
=uando ali'uid prohibetur e% directo, prohibetur et per obli'uum
@hat is #rohibited directly is #rohibited indirectly. glossary!
@hat cannot, by law, be done directly cannot be done indirectly.
#.%-,!
+atihabito mandato a'uiparatur 4glossary8
+atihabitio mandato ae'uiparatur 4p!59>8
Legislative ratification is e2uivalent to a mandate.
+atio legis
"nter#retation according to s#irit. glossary!
"nter#retation according to the s#irit or reason of the law. #.%'&!
+atio legis est anima legis 4glossary8
+atio legis est anima #.%*&!
4he reason of the law is its soul.
Stare decisis et non 'uieta moere
3ollow #ast #recedents and do not disturb what has been settled.
glossary!
8ne should follow #ast #recedents and should not disturb what has
been settled. #.%&%!
Summum .us, summa in.uria
4he rigor of the law would become the highest injustice. #.%,&!
Surplusagium non nocet 4glossary8
Surplusagium non noceat #.%+6!
Sur#lusage does not vitiate a statute.
-bi .us, ubi remedium
@here there is a right, there is a remedy. glossary!
@here there is a right, there is a remedy for violation thereof. #.%,,!
-tile per inutile non itiatur
4he useful is not vitiated by the non:useful. #.%+6!
#erba intentioni, non e contra, debent inserire
@ords ought to be more subservient to the intent and not the intent to
the words. #.%''!
#erba legis
5lain:meaning rule. #.%&*!
#erba legis non est recedendum
3rom the words of the statute there should be no de#arture. #.%&*!
5ost:Midterms Cha#ters +:%=!
(ctus me inito factus non est meus actus
An act done by me against my will is not my act. #.&6&!
(ctus non facit reum nisi mens sit rea
4he act itself dos not ma;e a man guilty unless his intention were so.
#.&6&!
(d pro%imum antecedens fiat relatio nisi impediatur sentential
Relative words refer to the nearest antecedents, unless the conte(t
otherwise re2uires. #.&'&!
(rgumentum a contrario
)egative:o##osite doctrine #.&&'!
,asus omissus pro omisso habendus est
A #erson, object, or thing omitted from an enumeration must be held
to have been omitted intentionally. #.&'%!
)issimilum dissimilis est ratio
8f things dissimilar, the rule is dissimilar. #.&=*!
)istingue tempora et concordabis .ura
<istinguish times and you will harmoni1e laws. #.&-%!
)ura le% sed le%
4he law may be harsh, but that is the law. #.%&- and #.&6>!
/.usdem generis
8f the same ;ind or s#ecie. #.&%'!
/%ceptio firmat regulam in casibus non e%ceptis
A thing not being e(ce#ted must be regarded as coming within the
#urview of the general rule. ##.&&&:&&'!
/%pressio unius est e%clusion alterius
4he e(#ress mention of one #erson, thing, or conse2uence im#lies the
e(clusion of all others. #. and #.&&&!
/%pressum facit cessare tacitum
@hat is e(#ressed #uts an end to what is im#lied. #.&&&!
2aorabilia sunt amplianda, adiosa restringenda #.',=!
2aores ampliandi sunt3 odia restringenda glossary!
5enal laws which are favorable to the accused are given retroactive
effect.
Generale dictum generaliter est interpretandum
A general statement is understood in a general sense. #.%>'!
Generalia specialibus non derogant
A general law does not nullify a s#ecific or s#ecial law. #.*%+!
Generalia erba sunt generaliter inteliigenda
@hat is generally s#o;en shall be generally understood. #.%>'!
$nterest reipublicae ut sit finis litium
4he interest of the State demands that there be an end to litigation.
#.%&&!
5ublic interest re2uires that by the very nature of things there must be
an end to a legal controversy. glossary and #.'*=!
$nterpretare et concordare leges legibus est optimus interpretandi
modus #.&,>!
$nterpotare et concordare legibus est optimus interpotandi modus
glossary!
4he best method of inter#retation is that which ma;es laws consistent
with other laws. #.&,>!
7very statute must be so construed and harmoni1ed with other statutes
as to form uniform system of law. glossary!
$nterpretatio fienda est ut res magis aleat 'uam pereat
4hat inter#retation as will give the thing efficacy is to be ado#ted.
#.%'%!
A law should be inter#reted with a view to u#holding rather than
destroying it. glossary and #.&+,!
Leges posteriores priores contrarias abrogant Later statute re#eals #rior
ones which are re#ugnant thereto #.*%'!
A later law re#eals a #rior law on the same subject which is re#ugnant
thereto. glossary!
Le% de futuro, .ude% de praeterito
4he law #rovides for the future, the judge for the #ast. #.'+&!
Le% prospicit, non respicit
4he law loo;s forward, not bac;ward. #.,> and #.'+&!
1oscitur a sociis
@ords construed with reference to accom#anying or associated words.
#.&=,!
1oa constitutio futuris formam imponere debet non praeteritis
A new statute should affect the future, not the #ast. #.'+'!
1ullum crimen sine poena, nulla poena sine legis
4here is no crime without a #enalty, and there is no #enalty without a
law. #.'+-!
1ullum tempus occurrit regi #.'=-!
1ullum tempus occurit glossary!
4here can be no legal right as against the authority that ma;es the law
on which the right de#ends.
Optima statuti interpretatri% est ipsum statutum
4he best inter#reter of a statute is the statute itself. #.&*>!
0ari materia
Relating to same matter #.&,>!
0otior est in tempoe, potior est in .ure
?e who is first in time is #referred in right. #.''>!
0riilegia recipiunt largam interpretationem oluntati consonam
concedentis 4p!9?:8
0riilegia reciprint largan interpretationem oluntate consonan
concedentis 4glossary8
5rivileges are to be inter#reted in accordance with the will of him who
grants them.
+eddendo singula singulis
Referring each to each9 referring each #hrase or e(#ression to the
a##ro#riate object9 or let each be #ut in its #ro#er #lace. #.&'*!
Salus populi est suprema le%
4he voice of the #eo#le is the su#reme law. #.&>>!
Statuta pro publico commodo late interpretantur
Statutes enacted for the #ublic good are to be construed liberally.
#.&>>!
-bi le% non distinguit, nec nos distinguere debemus
@here the law does not distinguish, we should not distinguish. #.%6-!
#erba accipienda sunt secundum sub.ectam materiam glossary!
#erba accipienda sunt secundum materiam #.%6,!
A word is to be understood in the conte(t in which it is used.
#igilantibus et non dormientibus .ura subeniunt
4he laws aid the vigilant, not those who slumber on their rights.
#.''>!

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Statutory Construction Reviewer Vena V. Verga and Aris S.

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