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STATUTORY CONSTRUCTION
(A Compendium from the books of Rodriguez, Martin and Agpalo)
Introduction
CONCEPTS AND GENERAL PRINCIPLES
I.
Statutory Construction
- Statutory construction is the art or process of discovering and expounding the meaning
and intention of the authors of the law with respect to its application in a given case,
where the intention is rendered is doubtful by reason of the fact that the given case is not
explicitly provided for in the law (Caltex vs. Palomar 18 SCRA 247)
- It is the art of seeking the intention of the authors of the legislature in creating a statute
and applying it to given a state of facts.
- It is the art or process of ascertaining the intention of the law-making body to resolve
ambiguity in the law or its part.
Note: Only statutes with ambiguous or doubtful meaning may be the subject of Statutory
Construction
Ambiguity
- Is the doubtfulness, doubleness, indistinctness, non-singularity or uncertainty of meaning
of an expression used in written instrument (Blacks Law Dictionary).
- Also refers to vagueness or obscurity of the true sense or meaning of an expression, text
or language used in a statute.
II. Legal Hermeneutics
- It is the branch of science that establishes the principles and rules of interpretation and
construction of written laws.
- Branch of Jurisprudence
III. Exegesis
- The application of the principles and rules established by legal hermeneutics.
Statutory Construction
Legal Hermeneutics
Exegesis
Seeking the intention using
Establish the principles and Application of principles
the principles/procedures to
rules: knowing the
and rules
be able to interpret or
procedures
construct
Goal: To ascertain the intention of the authors of the law.
Cardinal Rule on Statutory Construction
- Achieve the goal of the law
- Ascertain the intention of the frames of the law
Formula:
Facts + Law = Decision
(F + L = D)
Chapter 1
STATUTE, LAWS, BILLS
Statute is an Act of the legislature as an organized body; it is the Written will of the legislature,
Expressed according to the form necessary to constitute it a law of the state and Rendered
authentic by certain prescribed forms and solemnities. (AWER)
Law a rule of conduct or order of sequence which any being will not, ought not or cannot
deviate. Elements: certain kinds of force, deviation and consequence.
Bill is a proposed law; draft of a law submitted to the consideration of the legislative body for
adoption.
Kinds of Bills
1. Appropriation Bill the primary and specific purpose is to authorize the release of funds
from the public treasury.
2. Revenue Bill one that levies taxes and raises funds for the government.
3. Tariff Bill one that specifies the rates or duties to be impose on imported articles.
4. Bill Increasing Public Debt one that authorizes the government to borrow money, either
by borrowing from external sources or offering bonds for public subscriptions.
5. Bill of Local Application one which is local in character like the creation of new town,
city or province.
6. Private Bill one that will not operate directly for the public good but calculate to serve
good will (e.g. bills granting honorary membership).
How laws are made: (Procedures)
o Research
First Reading any member of either house may present a bill, signed by him and
reference to the proper committee; principal author may propose the inclusion; the bill is
read by its title number and name/s of author/s
o Referral to the Appropriate Committee if disapproved, the bill dies a natural
death unless the House decides otherwise following the submission of the report.
Second Reading the entire bill is read. Debates ensue and changes and amendments
are inserted. The bill is then printed and distributed to all the members of congress. If
favored the bill is forwarded to the Committee on Rules.
Third Reading only the title of the bill is read; voting takes place; majority is sufficient to
pass the bill
Referral to the Other House the same procedure takes place
o Submission to Joint Bicameral Committee
o Enrolled Bill/Journal
Submission to the President
2. PREAMBLE is the part following the title preceding the enacting clause, which states
the reasons for or objective of the statute
Points to remember:
o A preamble does not create a right nor does it grant any right
o It is not a source of government power
o It is not an essential part of a statute
3. ENACTING CLAUSE the part which indicates the authority which promulgated the
enactment. The enacting clause is not essential to the validity of the law but this clause
cloth the statute with certain dignity because the specific authority that promulgated the
law is therein stated.
4. BODY it contains the subject matter of the statute. The body of the statute should
embrace only one subject matter as required by the Constitution.
5. EXCEPTION AND PROVISIONS the part which acts as a restraint upon or as a
qualification of the generality of the language which it follows.
6. INTERPRETATIVE CLAUSE the part of the statute where the legislature defines its
own language and prescribes rules for its construction.
7. REPEALING CLAUSE the part which announces the legislative intent to terminate,
revoke or repeal another statute/s.
8. SAVING CLAUSE the part which restricts the repealing act and preserves existing
powers, rights pending proceeding from the effect of the repeal.
9. SEPARABILITY CLAUSE it is a clause which states that for any reason, any section or
provisions of the statute is held to be unconstitutional or revoked, the other section or
provision of the law shall not be affected.
Points to remember:
o A separability clause creates a presumption that the legislature intended a
separability rather than complete nullity of the statute. This means that if one past
of the statute is void or unconstitutional, the other parts thereof, which are valid
may still stand. This is the GENERAL rule.
o The general rule, however, is subject to the limitation that if the part of the statute
are so mutually dependent and connected thereby creating a belief that the
legislature intended them as a whole, the nullity or constitutionality of one part
may violate the rest.
10. DATE OF EFFECTIVITY specifies the date and time when the law takes effect.
Sources of Laws:
-
Constitution
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-
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2. Sufficiency of Standard Test Indicates the circumstances which the policies are to be
pursued and implemented. Limits and provides parameters of discretion; purpose is to
prevent total transference of legislative power from the law-making body to the delegate.
CHAPTER 2
INTERPRETATION AND CONSTRUCTION
Rule: In determining the intention of the legislature, courts should resort first to
interpretation (intrinsic aids) before resorting to construction (extrinsic aids).
Reason: speech is the index of intention.
INTERPRETATION:
- Is the part of finding the true sense and meaning of word/s without going beyond the
context of the statute.
- It utilizes intrinsic aids (those present in the law itself), which are as follows:
a. Title expresses the subject matter of the law
b. Preamble states the reasons and objectives of the enactment
c. Punctuation may be used as an additional argument for adopting the literal
meaning of the words thus punctuated but can never control against the
intelligible meaning of a written word.
d. Words, Phrases, Sentences and Context the intention must primarily be
determined from the language of the statute as a whole and not from any
single part/portion or section or from isolated words, phrases and sentences
used.
e. Headings and Marginal Notes determines the scope of the provision and
their relation to other portions of the act, however, if the meaning of the
statute or if its text is clear, it will prevail as against the heading, if the latter
has been prepared by compilers and not the legislature.
f. Legislative Definition and Interpretation definition of the legislature of the
words used in the stature and the construction to be placed thereon. The
rules are as follows:
If a law provides that in case of doubt, it should be construed and
interpreted in a certain manner that the courts should follow such
instructions.
In case of conflict between the interpretation clauses and the
legislative meaning, as revealed by the statute when considered in its
totality, the latter shall prevail.
A term is used throughout the statute in the same sense it is first
deemed.
Legislative definition in similar terms on the statute maybe resolved to,
except, where a particular law expressly declares that its definition
therein is limited in application to the statutes in which they appear.
EXTRINSIC AIDS
- Extraneous facts, circumstances of means of explanation resorted to for the purpose
of determining the legislative intent.
- Drawing conclusions respecting subjects that lie beyond the direct expression of the
text.
- It can only be resorted when intrinsic aids have been used and exhausted.
- It utilizes extrinsic aids, which are as follows:
a. Contemporaneous Circumstances conditions existing at the time the law
was enacted; previous state of the law; evils sought to be prevented; customs
and languages of the people.
b. Policy the general policy of the law or the settled policy of the state which
induced the enactment may enlighten the interpreter of the laws as to be the
intention of the legislature enacting the same.
c. Legislative History of the State may be found in the reports of the
legislative committees in the transcript of the stenographic notes taken during
hearings, investigation and debates.
d. Contemporaneous and Practical Construction those who lived near or
at the time when the law was enacted were more acquainted of the
conditions why the law was enacted. Their understanding and application of
the law, especially if the same has been construed by the judicial tribunals
and legal profession, deserve to be considered by the courts.
e. Executive Construction deserves great weight and should be respected if
said construction has been formed and observed for a long period of time.
The rules to remember are as follows:
Congress is deemed to have been aware of the contemporaneous
and practical construction made by the officers charged with the
administration of and enforcement of the law.
The court should respect that contemporaneous construction except if
it is clearly erroneous.
Executive construction has more weight if it is rendered by the Chief
Legal Adviser of the government who can issue opinions to assist
various departments of the government charged with the duty to
administer the law.
The opinion, however, by the Chief Legal Adviser is subservient to the
ruling of the judiciary which is in charge of applying and interpreting
the laws.
f. Legislative Construction entitled to consideration but cannot control
against the courts prerogative to decide on what is wrong and right
interpretation.
g. Judicial Construction it is presumed that statutes were enacted in the
light of judicial construction that the prior enactment had received.
ATTY. NESTOR MONDOC
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
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h. Construction by the Bar and Legal Commentators the meaning publicly
given by the members of the legal profession is a true one and regarded as
one that should not be lightly charged.
Intention of the
Authors of the Law
P1
P2
Extrinsic Aids + LAW (Principle) = Conclusion
CHAPTER 3
PRESUMPTIONS AND LATIN MAXIMS
Presumption of Validity
Every statute passed by the legislature is presumed to be valid because the legislature
is supposed to have considered the question of its validity before approving it. In cases of doubt,
the court resolves in favor of its validity.
Presumption of Constitutionality
The presumption is always in favor of constitutionality. However, if the statute is really
unconstitutional, the courts are not only authorized but must declare its unconstitutionality. The
court must see to it that the other departments have not exceeded their constitutional authority.
(Essence of Separation of Powers and System of Check and Balance)
Presumption of Good Faith
It is presumed that the legislative department had good motives in having considered
and adopted a particular law; that it acted with a desire to promote an intention not to disregard
the civil and political liberties of the people.
Presumption against Injustice
In case of doubt in the interpretation of laws, it is presumed that the lawmaking body
intended right and justice to prevail (Article 10, Civil Code of the Philippines)
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prior law, not expressly but by implication only, its repeal revives the prior law,
unless, the language of the repealing statute provides otherwise.
3. A general law does not repeal special law unless it is so expressly provided,
or they are incompatible, in which case, the special law prevails over the
general law.
Doctrine of Incorporation holds that every state is, by reason of its membership in the
family of nations, bound by the generally accepted principles of international law.
ATTY. NESTOR MONDOC
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
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Noscitur a Soclis
Under this rule, the meaning of particular terms in a statute may be ascertained
by reference to words associated with or related to them in a statute.
Where particular word or phrase in a statute is ambiguous in itself, or is simply
susceptible of various meanings, its true meaning may be made clear and specific by
considering the company of words in which it is found or which it is associated.
Where there are two or more words of ambiguous meaning together in a statute,
they are understood to be used in their cognate sense to express the same relations and
give color and expression to each word.
Where a law does not define a word therein, it will be construed as having a
meaning similar to that of words associated or accompanied by it.
(READ: Caltex vs. Palomar, September 29, 1966, 18 SCRA 247)
Casus Omisus
Under this rule, the words or phrases may be supplied by the courts and inserted
in a statute where that is necessary to eliminate repugnancy and inconsistency in the
statute and to complete the sense thereof, and to give effect to the intention of the
legislature manifested therein. The rule is especially applicable where such application is
necessary to prevent the law from becoming a nullity. This rule is also used to supply
omissions occasioned by clerical errors, by accident or inadvertence.
Casus Omisus Pro OmissoHebendusEst
Under this rule, a person, object or thing omitted from the enumeration must be
held to have been omitted intentionally. The maxim can operate when the omission had
been clearly established.
VerbaLegis (Plain Language Rule)
If the statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation.
The language of the statute affords the best means of its exposition and
legislative intent must be determined primarily therefrom. It is the courts duty to give the
statute the interpretation called for by its language. The court may not speculate as to
the probable intent of the legislature apart from the words. Popular clamor as to the
enforcement of a law adds nothing to, and detracts nothing from the duty of the court to
construe the law as it is. The law may sometimes be harsh, but if it is so written and
intended by the legislature, the courts have no recourse but to apply it.
(READ: Daoangvs Municipal Judges of San Nicolas, Ilocos Norte, March 28, 1988, 159
SCRA 369)
VerbaLegis Non EstRecedendum
From the words of a statute there should be no departure.
Absolute SentenciaExpositore Non Indiget
When the language of the law is clear, no explanation of it is required.
GeneraliaVerba Sun GeneraliterIntelligencia
What is generally spoken shall be general understood.
ATTY. NESTOR MONDOC
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
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Dura LexSedLex (The law may be harsh but that is the law)
The reason for the rule is that the legislature must be presumed to know the
meaning of the words, to have used the words advisedly and to have expressed its
intent by the use of such words as are found in the statute.
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of words and clauses may be resorted to where the sentence or clause is without
meaning as it stands.
This is also to be referred to as the doctrine of collocation which literally means,
referring each to each.
ExpressioUniusEstExclusioAlterius (InclusioUniusEstExclusioAlterius)
Mention of one thing implies the exclusion of another.
When a statute enumerates the subjects or things on which it is to operate, it is to
be construed as excluding from its effect all those no expressly mentioned.
The maxim is only auxiliary rule of statutory construction. It is not of universal
application neither is it conclusive. It should be applied only as a means of discovering
the legislative intent which is not otherwise manifest and should never be permitted to
defeat the plainly indicative purpose of the legislature.
The maxim does not apply when words are mentioned by way of example, or to
remove doubts. CASE: ESCRIBANO V. AVILA G.R. No. 30375, September 12, 1978, 85
SCRA 245
GeneraliaSpecialibus Non Derogant
A penal law does not nullify a specific law. Special provisions prevail over general
provisions. A special law must be intended to constitute an exception to the general law
in the absence of special circumstances forcing a contrary conclusion.
Legis Posteriors Priores Contraries Abrogant
In case of an irreconcilable conflict between two laws of different vintages, the
latter enactment prevails. The rationale is that a latter law repeals an earlier one
because it is the latter legislative will. It is to be presumed that the lawmaker knew the
older law and intended to change it. In enacting the older law, the legislators cannot
have known the newer one and hence could have intended to change what they did not
know. Under the Civil Code, laws are repealed only by subsequent ones.
Optima StatuliInterpretatixEstIpsumStatutum
The best interpreter of a statute is the statute itself
Ut Res Magis Quam Pereat
This means that it is not enough that the statute should be given effect as a
whole but that effect should be given to each of the provisions of the statute.
PariMatria (Materia) Rule
All statute relating to the same subject, or having the same general purpose,
should be construed together as if they constituted one law. They should be construed
and harmonized with the existing law.
LexProspicit, Non Respicit
The law looks forward not backwards.
Lex De Futuro, Judex De Praterito
The law provides for the future, the judge for the past.
ATTY. NESTOR MONDOC
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
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UbiLex Non DistinguitNecNosDistinguireDebemos
When the law does not distinguish, courts should also not distinguish. Founded
on logic, the rule is corollary of the principle that general words and phrases in a statute
should ordinarily be accorded their natural and general significance. It requires that the
general words and phrases should not be reduced into parts and other parts
distinguished from the other parts so as to justify its exclusion from the operation of the
law. There should be no distinction in the application of a statute where none is
indicated.
Index Animi SermoEst
Speech is the index of ntention
InterprationTalis In Ambiguis Semper FriendaEst, UtEviaturInconveniens Et
Absurdum
Where there is ambiguity, such interpretation as will avoid inconvenience and
absurdity is to be adopted.
Ex NecissitateLegis (Doctrine of Necessary Implication)
What is implied in the statute is as much part thereof as that which is expressed.
Every statute is understood, by implication, to contain all such provisions as may be
necessary to effectuate its object and purpose.
In Eo Plus Sit, Simper InestInest Et Minus
The greater includes the lesser.