CHAPTER VI INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION INTRINSIC AIDS The very term intrinsic means internal or within.

Intrinsic aids, therefore, are those aids within the statute. If the language of the statute is clear and unequivocal, there is no need to resort to intrinsic aids. In resorting to intrinsic aids, one must go back to the parts of the statute. 1. THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID IN DETERMINING LEGISLATIVE INTENT 2. TEXT OF THE STATUTE AS INTRINSIC AID Subtitle of the statute as intrinsic aid in determining legislative intent. 3. PREAMBLE AS INTRINSIC AID The intent of the law as culled from its preamble and from the situation, circumstances and conditions it sought to remedy, must been forced. reamble used as a guide in determining the intent of the lawmaker.

CHAPTER VII EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION EXTRINSIC AIDS !"trinsic aids are e"isting aids from outside sources, meaning outside from the four corners of the statute. !"trinsic aids are resorted to after e"hausting all the available intrinsic aids and still there remain some ambiguity in the statute. Extrin #. &. (. i! "i# r$ %rt$# t% &' t($ !%)rt "r$* $istory of the enactment of the statute% 'pinions and rulings of officials of the government called upon to e"ecute or implement administrative laws% )ontemporaneous construction by e"ecutive officers charged with implementing and enforcing the provisions of the statutes unless such interpretation is clearly erroneous% *. +ctual proceedings of the legislative body% ,. Individual statements by members of congress% and -. The author of the law %)r!$ %+ $xtrin i! "i# "r$* .eports and recommendations of legislative committees% ublic policy% /udicial construction% and )onstruction by the bar

Ot($r #. &. (. *.

It is a well0accepted principle that where a statute is ambiguous, courts may e"amine both the printed pages of the published +ct as well as those e"trinsic matters that may aid in construing the meaning of the statute, such as the history of its enactment, the reasons of the passage of the bill and purposes to be accomplished by the measure. Individual statements by members of )ongress on the floor do not necessarily reflect legislative intent. The best interpreter of the law or any of its provisions is the author of the law.

CHAPTER VIII STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION OF STATUTES

GENERAL PRINCIPLES If a statute should be strictly construed, nothing should be included within the scope that does not come clearly within the meaning of the language used. 1ut the rule of strict construction is not applicable where the meaning of the statute is certain and unambiguous, for under these circumstances, there is no need for construction. 'n the other hand, there are many statutes which will be liberally construed. The meaning of the statute may be e"tended to matters which come within the spirit or reason of the law or within the evils which the law seeks to suppress or correct. 2iberal interpretation or construction of the law or rules, however, applies only in proper cases and under 3ustifiable causes and circumstances. 4hile it is true that litigation is not a game of technicalities, it is equally true that every case must be prosecuted in accordance with the prescribed procedure to insure an orderly and speedy administration of 3ustice. 1. PENAL STATUTES enal laws are to be construed strictly against the state and in favor of the accused. $ence, in the interpretation of a penal statute, the tendency is to sub3ect it to careful scrutiny and to construe it with such strictness as to safeguard the right of the accused. If the statute is ambiguous and admits of two reasonable but contradictory constructions, that which operates in favor of a party accused under its provisions is to be preferred. 2. TAX LAWS Ta"ation is a destructive power which interferes with the personal and property rights of the people and takes from them a portion of their property for the support of the government. +ccordingly, in case of doubt, ta" statutes must be construed strictly against the government and liberally in favor of the ta"payer, for ta"es, being burdens, are not to be presumed beyond what the applicable statute e"pressly and clearly declares. +ny claim for e"emption from a ta" statute is strictly construed against the ta"payer and liberally in favor of the state. 3. NATURALI,ATION LAW 5aturali6ation laws should be rigidly enforced and strictly construed in favor of the government and against the applicant. -. INSURANCE LAW )ontracts of Insurance are to be construed liberally in favor of the insured and strictly against the insurer. Thus, ambiguity in the words of an insurance contract should be interpreted in favor of its beneficiary. .. LABOR AND SOCIAL LEGISLATIONS 7oubts in the interpretation of 4orkmen8s )ompensation and 2abor )ode should be resolved in favor of the worker. It should be liberally construed to attain their laudable ob3ective, i.e., to give relief to the workman and9or his dependents in the event that the former should die or sustain in an in3ury. The sympathy of the law on social security is towards its beneficiaries and the law by its own terms, requires a construction of utmost liberality in their favor. /. RETIREMENT LAWS .etirement laws are liberally interpreted in favor of the retiree because the intention is to provide for the retiree8s sustenance and comfort, when he is no longer capable of earning his livelihood. 0. ELECTION RULES Statute providing for election contests is to be liberally construed to the end that the will of the people in the choice of public officer may not be defeated by mere technical ob3ections. 1. RULES OF COURT

.ule of court shall be liberally construed in order to promote their ob3ective of securing a 3ust, speedy and ine"pensive disposition of every action and proceeding.

CHAPTER IX PROSPECTIVE AND RETROSPECTIVE STATUTES GENERAL PRINCIPLES Pr% 2$!ti3$ t"t)t$ : is a statute which operates upon acts and transactions which have not occurred when the statute takes effect, that is, which regulates the future. R$tr% 2$!ti3$ %r r$tr%"!ti3$ 4"5 : is one which takes away or impairs vested rights acquired under e"isting laws, or creates new obligations and imposes new duties, or attaches new disabilities in respect of transaction already past. + sound canon of statutory construction is that statutes operate prospectively only and never retrospectively, unless the legislative intent to the contrary is made manifest either by the e"press terms of the statute or by necessary implication. The )ivil )ode of the hilippines follows the above rule thus; 2aws shall have no retroactive effect, unless the contrary is provided. .etroactive legislation is looked upon with disfavor, as a general rule and properly so because of its tendency to be un3ust and oppressive.

1. PENAL STATUTES enal statutes as a rule are applied prospectively. <elonies and misdemeanors are punished under the laws in force at the time of their commission. =+rt. (--, . )>. $owever, as an e"ception, it can be given retroactive effect if it is favorable to the accused who is not a habitual criminal. =+rt. &&, . )>. 2. PROCEDURAL LAWS ARE RETROSPECTIVE Statutes regulating the procedure of the )ourt will be construed as applicable to actions pending and undermined at the time of their passage. $owever, .ules of rocedure should not be given retroactive effect if it would result in great in3ustice and impair substantive right. rocedural provisions of the 2ocal ?overnment )ode are retrospective. 3. CURATIVE STATUTES They are those which undertake to cure errors and irregularities and administrative proceedings, and which are designed to give effect to contracts and other transactions between private parties which otherwise would fail of producing their intended consequences by reason of some statutory disability or failure to comply with some technical requirement. They are therefore retroactive in their character.

CHAPTER X CONFLICTING STATUTES

1. EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE It may happen that in a statute, conflicting clauses and provisions may arise. If such situation may occur, the statute must be construed as whole. 2. STATUTES IN PARI MATERIA Statutes that relate to the same sub3ect matter, or to the same class of persons or things, or have the same purpose or ob3ect. Statutes in pari materia are to be construed together% each legislative act is to be interpreted with reference to other acts relating to the same matter or sub3ect. $owever, if statutes of equal theoretical application to a particular case cannot be reconciled, the statute of later date must prevail being a later e"pression of legislative will. 3. GENERAL AND SPECIAL STATUTES Sometimes we find statutes treating a sub3ect in general terms and another treating a part of the same sub3ect in particularly detailed manner. If both statutes are irreconcilable, the general statute must give way to the special or particular provisions as an e"ception to the general provisions. This is so even if the general statute is later enactment of the legislature and broad enough to include the cases in special law unless there is manifest intent to repeal or alter the special law. -. STATUTE AND ORDINANCE If there is conflict an ordinance and a statute, the ordinance must give way. It is a well0settled rule that a substantive law cannot be amended by a procedural law. + general law cannot repeal a special law. In case of conflict between a general provision of a special law and a particular provision of a general law, the latter will prevail. 4hen there is irreconcilable repugnancy between a proviso and the body of a statute, the former prevails as latest e"pression of legislative intent. The enactment of a later legislation which is general law cannot be construed to have repealed a special law. + statute is superior to an administrative circular, thus the later cannot repeal or amend it. 4here the instrument is susceptible of two interpretations, one which will make it invalid and illegal and another which will make it valid and legal, the latter interpretation should be adopted. In case of conflict between an administrative order and the provisions of the )onstitutions, the latter prevails.

CHAPTER XI CONSTRUCTION AND INTERPRETATION OF THECONSTITUTION + constitution is a system of fundamental law for the governance and administration of a nation. It is supreme, imperious, absolute, and unalterable e"cept by the authority from which it emanates.

@nder the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution, that law or contract whether promulgated by the legislative, or by the e"ecutive branch or entered into by private persons for private purposes is null and void and without any force or effect. ALL PROVISIONS OF THE CONSTITUTION ARE SELF6EXECUTING7 EXCEPTIONS Some constitutions are merely declarations of policies. Their provisions command the legislature to enact laws and carry out the purposes of the framers who merely establish an outline of government providing for the different departments of the governmental machinery and securing certain fundamental and inalienable rights of citi6ens. Thus a constitutional provision is self0e"ecuting if the nature and e"tent of the right conferred and the liability imposed are fi"ed by the constitution itself. @nless it is e"pressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption now is that all provisions of the constitution are self0e"ecuting. In case of doubt, the )onstitution should be considered self0e"ecuting rather than non0self0e"ecuting, unless the contrary is clearly intended. 5on0self0e"ecuting provisions would give the legislature discretion to determine when, or whether, they shall be effective, subordinated to the will of the law0making body. PROHIBITOR8 PROVISIONS GIVEN LITERAL AND STRICT INTERPRETATION ?uidelines in construction and interpretation of the constitution are stressed; #. The )ourt in construing a )onstitution should bear in mind the ob3ect sought to be accomplished by its adoption, and the evils, if any, sought to be prevented or remedied. &. 'ne provision of the )onstitution is to be separated from all the others, to be considered alone, but that all provisions bearing upon a particular sub3ect are to be brought into view and to be interpreted as to effectuate the great purposes of the instrument. (. The proper interpretation of the )onstitution depends more on how it was understood by the people adopting it than the framer8s understanding thereof. THE CONSTITUTIONAL PROVISION ON NATURAL6BORN CITI,ENS OF THE PHILIPPINES GIVEN RETROACTIV EEFFECT @nder T$! #AB( )onstitution, those born of <ilipino fathers and those born of <ilipino mothers with an alien father were placed on equal footing. They were both considered as natural0born citi6ens. The constitutional provision is curative in nature. THE CONSTITUTION MUST BE CONSTRUED IN ITS ENTIRET8 AS ONE9 SINGLE DOCUMENT LIBERAL CONSTRUCTION OF ONE TITLE OF ONE SUB:ECT + liberal construction of the one title0one sub3ect rule has been invariably adopted by the court so as not to cripple or impede legislation. The title e"presses the general sub3ect and all the provisions are germane to the general sub3ect. RESIGNATION OF THE PRESIDENT UNDER THE 1;10 CONSTITUION IS NOT GOVERNED B8 AN8 FORMAL RE<UIREMENT AS TO FORM. IT CAN BE ORAL. IT CAN BE WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED. SPECIAL PROVISION PREVAILS OVER A GENERAL ONE Lex specialis derogant generali SUPREMA LEX It is time0honored that the )onstitution is the Supreme 2aw of the land. It is the law of all laws. $ence, if there is conflict between a statute and the )onstitution, the statute shall yield to the )onstitution. STARE DECISIS The rule of precedents. /udicial decisions applying or interpreting the laws or the )onstitution shall form part of the legal system of the hilippines. CONCLUSION The fundamental principle of constitutional construction is to give effect to the intent of the framers of the organic law and of the people adopting it.

CHAPTER XII RECENT CASES ON STATUTOR8 CONSTRUCTION C C C C C C C The term may is indicative of a mere possibility, an opportunity or an option. +n implied repeal is predicated on a substantial conflict between the new and prior laws. The abrogation or repeal of a law cannot be assumed% the intention to revoke must be clear and manifest. 4hen the law speaks in clear and categorical language, there is no occasion for interpretation. enal laws must be construed strictly. Such rule is founded on the tenderness of the law for the rights of individuals and on the plain principle that the power of punishment is vested in the )ongress, not in the 3udicial department. 4here a requirement is made e"plicit and unambiguous terms, no discretion is left to the 3udiciary. It must see to it that the mandate is obeyed. Statutes that are remedial, or that do not create new or take away vested rights, do not fallD