Statutory construction the art of seeking the intention of legislature in

enacting a statute & of applying it to a given state of facts.

Construction V Interpretation

C drawing of conclusions respecting subjects that lie beyond the direct
expressions of the text
I is said to be the act of finding the true sense and meaning of words

One who interprets does not get outside of the context of the statute,
while one who construe has to go outside the language of the
statute and seek help of extrinsic aids.

Legal Hermeneutics is the br of science wc establishes the principles
and rules of interpretation and construction of written laws.

The application of the said principles and rules is termed exegesis
The power to construe the law is essentially judicial
o To declare what the law shall be is a legislative power but to
declare what the law is/has been is judicial
It is the duty of the courts to construe statutes for the purpose of
determining whether a particular act/omission falls wn their intended
scope/prohibition
Neither should the court construe provisions of a statute other than
those involved in the case before it. The duty to construe should be
exercised only on real and actual controversies.
Legislature cannot bind the courts to a particular construction of an
existing law, unless the declaratory act amounts to prospective
operation.
Legislature cannot declare that the statute it has passed shall be so
construed as not to violate a constitutional inhibition

Executive Construction of Statutes
- Under proper circumstances some aid may be derived from executive
construction of statutes, like the opinions of the secretary of justice
- Executive construction though often accepted by the judiciary,
however, is not binding upon the courts.

Administrative construction should be given weight
- while executive construction is not necessarily binding upon the
courts, it is entitled to great weight and consideration.
o The reason is that such construction comes from the particular
branch of govt called upon to implement the particular law
involved

Courts should respect the contemporaneous construction of a statute
by the executive officers who enforce it
- It must be given some weight as it comes from that branch of the govt
called upon to implement the law
- Courts will and should respect the contemporaneous construction
placed upon a statute by the executive officers whose duty it is to
enforce it, and unless such interpretation is clearly erroneous will
ordinarily be controlled thereby

Construction of statute where the part of it is void
- The rule is that where part of a statute is void while the other part is
valid, the valid portion, if separable from the invalid, may stand and
be enforced
- The void provisions must be eliminated wo affecting the main
purpose of the act in a manner contrary to the intention of the
legislature.
- The language used in the invalid part of the statute can have no legal
face or efficacy for any purpose whatsoever and what remain s must
express the legislative will independently of the void part, since the
court has no power to legislate.

Purpose of construction
- Sole purpose of stat con is to ascertain the meaning and intention of
the legislature so that the same may be enforced.
- Legislative intent is the vital part, the heart, the soul and the essence
of the law.
- Every technical rule of construction is dependent upon and must yield
to the expression of the paramount will of the legislature
- It is fundamental principle in stat con that the intention of the
legislature must be ascertained and given effect

The exceptions in the law will not be enlarged beyond the actual
signification of the words used/extended beyond the limits wc the
words themselves actually set.
Courts should not incorporate matters not provided in the law by
judicial ruling
Where the law does not distinguish, the court should not distinguish

Legislative Intent
- For construction purposes does not mean the collection of the
subjective wishes, hopes and prejudices of each and every member
of the legislature, but rather the objective footprints left on the trail of
legislative enactment.

An interpretation wc glues effect to the intent of the law and is in
keeping w the modern trend of similar statutes should be followed
Every statute must receive a construction wc will harmonize w the
pre-existing body of laws
o A statutes clauses and phrases must not be taken separately
but in its relation to the statutes totality. Each statute must, in
fact, be construed as to harmonize it with the pre-existing body
of laws. Unless clearly repugnant, provisions of statutes must
be reconciled
When the legislature enacts a provision, it is understood that it is
aware of previous statutes relating to the same subj matter and that
in the absence of any express repeal/amendment therein, the new
provision should be deemed enacted pursuant to the legislative policy
embodied in the prior statutes.
It is cardinal rule of statutory con that courts must give effect to the
gen legve intent that can be discovered from or is unravelled by the
four corners of the statute and in order to discov said intent, the
whole stat and not only a part prov thereof, should be considered

Legislative intent distinguished from legislative purpose
- The result of the combined application of purpose and meaning is the
legislative intent

Scope of application of the rules of construction
- A statute is not open to construction as a matter of course. It is open
to construction only where the language is ambiguous, or where it will
admit of two/more const or is of such doubtful or obscure meaning,
that reasonable minds might be uncertain/disagree as to its meaning.
- Where the language of the statute is plain, clear and definitely there
is no need to resort to the rules of stat con

Ambiguity defined as the doubtfulness, doubleness of meaning, or
indistinctness, or uncertainty of meaning of the expression used in a written
instrument.

A statute is ambiguous when some of the words used therein may
refer to several objects and the manner of their use does not disclose
the particular object to wc the words refer.
An ambiguity, however, that justifies the interpretation of a statute is
not simply that arising from the meaning of part words, but includes
such as may arise in respect to the general scope and meaning of a
statute, considering all its prov.
An ambiguous prov should be strictly construed against the party who
caused the same
If there is any obscurity/ambiguity in the interpretation of the contract,
the same shall not favour the party who caused the
obscurity/ambiguity

Rules of construction not mandatory upon the courts
- Unless expressly provided by statutes, rules of stat con are not
mandatory upon courts
- In our juris, the judicial decisions interpreting the laws of the constr for
in part of our legal system (A8 CC)
- The interpretation placed by the ocurt upon a statute constitutes a
part of it as of the date it was originally passed.

Subj of construction may be divided into four groups:
1. Constitutions is the body of rules and maxims in accordance w
wc the powers of sovereignty are habitually exercised; it is
fundamental law of the land, to wc all the laws must conform; Phil
Consti it is a written instrument by wc the fundamental powers
of the govt are established, limited and defined and by wc these
powers are dist among sev depts for their safe and useful exercise
for the benefit of the body politic
a. Nature not the origin of private rts, neither is it the grant on
of any rt, nor the beginning of the govt; it only recognises
and declares the inherent rts or pre-existing rts and
prerogatives of a free people; it sets up the framework of the
govtal machinery; its contents are the reflections of pre-
existing condition of laws, rts, habits and modes of thought
2. Statutes
3. Resolutions
4. Ordinances

Constitution V Statutes
C lays down gen princ and the foundation of govt; relatively permanent in
char
S has to set in detail its purposes or the subj matter of wc it treats; are
tentative in the nature of temporary expedients.

Common parts of Consti
- Phil con, like typical written consti, contains 3 sets of prov:
1. Constitution of liberty

Enactment of statutes in general
- To become a law, a bill must be acted upon by a validly constied
body in a prescribed manner or proc
- Enactment of laws in our juris is subj to cert well-def constial
limitations
o No bill may be enacted into law wc shall embrace more than
one subj wc shall be expressed in the title of the bill

Purpose (ref statcon.rtf)
Codifications and revisions of the stats do not offend against

LEGIS INTERPRETATIO LEGIS VIM OBTINET the authoritative
interpretation put upon the written law by the courts acquire the force of
law, by becoming, as it were, a part of statute itself

EJUS EST INTERPRETARI CUJUS EXT CONDERE it is for him to
interpret who is to enact

19Nov2012

What are legal provisions related to stat con
- A 8 CC
- A 10 CC in case of doubt lawmaking bodies (presumption);
interest of right and justice should prevail
- A 4 laws shall have no retroactive effect unless the contrary is
provided
- 1370-1373 constracts how interpreted B IV T 2 Ch5 CC
- Labor code Ch 1 A 4 construction in favour of labor
- ROC R 1 S 6 const liberally construed
- RPC A 22 no retroactive effect

Enrile v Salazar 186 scra 217
- Under hernandez doctrine
- Prohibited complexing of rebellion w other common crimes >> no
complex crime of rebellion of murder and other common crimes
- Complaint was dismissed

LEX PROSPICIT NON RESPICIT the law looks forward, never backward;
a new law has a prospective, not retroactive, effect

Criminal law - no retroactivity; all are prospective in nature

Purpose of construction ascertain or seek meaning of the law and
intention of the legre
Pp vs concepcion 24 ph 26

Fund princ in stat con that the intention of legre must be ascertained
and given effect

UBI LEX NON DISTINGUIS NEC NOS DISTINGUERE DEBEMUS

Scope of application: SC open only when there is ambiguity

Procedure in enactment of statute
1. Introduction submit when you propose to the body
2. Read
3. Refer to proper committee i.e. comm on educ
4. Committee discuss the bill or delib >> make cert amendts
5. Review and discuss more
6. Presented to the body for votation and passage tacit or indirect
approval; express approval yeas and nays
7. Printing and dist of bills S 6 A 6 87 Consti no billshall become a
law unless it has passed three readings on separate days and
printedcopies thereof in its final form have been disted to the
members 3 days before its passage
a. Printed copies purpose: to prevent hasty and improvident
legislation; to compel the careful examn of proposed laws, or at
least the affording of opoor for that purpose.

Enactment of the Bill A6 S27 P1 87CONSTI

Resolution refer to legve body