Statutory Construction

Construction vs Interpretation

Duty of Courts to construe and interpret

Law

Art or process of
discovering and expounding
the meaning & intention of
authors of the law with
respect to application In a
given case

Art of seeking the intention

of legislature in enacting a
statute and applying it to a
given state of fact

Interpretation of laws
enacted by legislature

Construction drawing of
conclusions with respect to
subjects beyond direct
expression of text from elements
known and given in text; goes
beyond written text, may use
extrinsic aids

Interpretation process of
discovering the true meaning
of language used; limited to
exploring written text
There must be an actual
case/controversy

There is ambiguity (doubt) in the

law involved

Verba Legis

When the Law is clear and unequivocal,

the Court has no other alternative but
to apply the law and not to interpret

Dura Lex Sed Lex

The law is harsh, but it is the law

Where the law speaks in clear and

categorical language, there is no room
for interpretation, there is only room
for application

Where the law is clear, it is not

susceptible of interpretation. It must be
applied regardless of who may be
affected, even if the law may be harsh
The first and fundamental duty of the
court is to apply the law

Kinds of Construction and Interpretation

Close literal; just reasons

connected with character and
formation of text induce as to take
words in narrowest meaning

Extensive liberal; more

comprehensive signification of
the words

Extravagant substitutes
meaning evidently beyond the
true one; not genuine

Free/Unrestricted proceeds on
general principles of interpretation
in good faith; not bound by
specific principle

Limited /Restricted influenced

by other principles than the
strictly hermeneutic ones

Subject of construction & interpretation

CHAPTER 2
Legislative power

Predestined interpreter has

bias of mind, makes text
subservient to his
preconceived views and
desires
Constitution; Statutes which include
ordinances; Resolutions, Executive
orders, Department circulars
Congress Senate & House of
Representatives

Bill
Act
Steps: Bill to Law

Constitutional Test

Draft of proposed law from time of its

introduction
Term for bill after it has been acted
on and passed by legislature
Member of National Assembly
introduce proposed bill to
Secretary who will calendar for
first reading

1st Reading Bill is read by

number and title

Bill referred by Speaker to

appropriate committee for
study (public hearings)
favourable or not

Bill returned to National Assembly

calendared for 2nd reading

2nd Reading Bill read in

entirety

Bill set for debates amendments

After approval of Bill in 2nd

reading 3 calendar days before
passage printed in final form
and distributed to all members of
National Assembly

Calendared for 3rd and final

reading - No amendment
allowed title and vote majority

Submitted to President for

approval approves or vetos
Veto: return bill with objections to
National Assembly, if approved by
2/3 of members, it shall become a
law
Note: No ex post facto law or bill
of attainder

Shall embrace only one

subject which shall be
expressed in title

No bill becomes law unless

passed 3 readings on separate
days; printed copies of final
form distributed to members 3
days before passage

Every bill passed by congress

shall be presented to
President before it becomes law
Title
Preamble
Enacting Clause
Body
Repealing Clause
Saving Clause
Separability Clause
Effectivity Clause

Parts of Statute

Kinds of Statute

General- affects community at

large

Special designed for particular

purpose

Local operates over particular

locality

Public general classification:

constitutional, administrative,
criminal, international

Private defines, regulates,

enforces relationship among
individuals, associations,
corporations

Remedial causes of action

may be effectuated

Vague Statute

Curative reaches back to

past to operate upon past events

Penal criminal offenses

Prospective applicable to cases

after its enactment

Retrospective contemplates
past

Affirmative Statute Directs

doing of act

Mandatory Statute Require a

course of action may , shall

Judicial Doctrine Judicial

Interpretation of Statute
Lacks comprehensible
standards for common man to
understand
Violates due process no fair
notice of conduct to avoid
Leaves enforcers unbridled
discretion in carry out provisions

Express vs Implied Repeal

Express- abrogation/annulling
of previously existing law by
enactment of subsequent one
which declares former shall be
revoked and abrogated

Ordinance

Test of Valid Ordinance

Implied- later statute contains

provisions so
contrary/irreconcilable to
those of earlier law that only
of them can stand in force
Act passed by Local Legislative
body in exercise of its law-making
authority

Not unconstitutional
Not unfair oppressive
Not partial or discriminatory

Reason why ordinance should not

contravene statute
Role of Foreign Jurisprudence

CHAPTER 3
Legislative Intent

Not prohibit but may regulate

trade
General & consistent with
public policy
Must not be unreasonable
Municipal governments are only agents
of the National Government; derive
power from legislature
Intent may be deduced from
language of each law and context
of other local legislation related
Processual presumption foreign
law is not proved,
presumption is foreign law is
same as ours
Interpretation and Construction =
ascertain MEANING and INTENTION of
legislature

Legislative intent is determined

principally from language of statute
VERBA LEGIS

When language of law is clear, it

should be given its natural meaning
In interpreting statute, care should be
taken that every part be given effect
Ut res magis valem quam pereat
Spirit and Purpose of the Law
Construction that gives language a
meaning that does not accomplish
purpose, should be rejected (absurd)
Between two statutory
interpretations, that which better
serves purpose of the law should
prevail
The reason of the law ceases, the

Statute is plain and free from

ambiguity, statute must be
interpreted literally

law itself ceases

Implications
Doctrine of necessary implications:
What is implied in a statute is as
much a part thereof as that which is
expressed
Casus Omissus

STARE DECISIS

Omissions are clearly established;

statute makes provisions to several
enumerated objects but omits to make
any provision for object which is
analogous to those enumerated;
omitted by inadvertence/overlooked

CHAPTER 4
When the law does not distinguish,
courts should not distinguish

Stand by precedent, do not

disturb settled point
When court has laid down
principle of law applicable to a
certain state of facts, it will
adhere to that principle, and
apply it to all future cases
where facts are the same

Ex: every candidate

EXCEPTIONS
When the law does not make any
exception, courts may not except
something unless compelling reasons
exist to justify

Ex: bouncing check

General terms may be restricted by

specific words, with the result that the
general language will be limited by
specific language which indicates object
and purpose
EJUSDEM GENERIS

Ex: stabilizer and flavours, enumeration

General terms following special

terms
General words follow an
enumeration of persons/things
by words of a specific meaning,
such general words are not to be

EXPRESSIO UNIUS EST EXLUSIO

ALTERIUS

NOSCITUR A SOCIIS - associated

words

construed in their widest extent,

but apply only to
persons/things of same class
Ex: subordinate: one who enjoys
close association to marcos;
skimmed milk
Resorted to only when legislative
intent is uncertain
Express mention of one
person/thing is tantamount to an
express exclusion of all others
(enumeration)
Ex: Municipality of Marcos
Explain and limit each other

Where a particular word is equally

susceptible of various meanings, its
correct construction may be made
specific by considering the company
of terms in which it is found/ associated
Negative words & phrases regarded
as mandatory while affirmative is
mere directory
May vs Shall

And vs Or

May permissible thing ; directory in

nature
May not - mandatory
Shall imperative, mandatory
Must not always imperative; may be
consistent with exercise of discretion
AND conjunction connecting
words; joinder/union

OR disjunctive particle;
alternative or give choices

ONLY exclusive

Computation of Time

Proviso

WEEK seven consecutive days

without regard to day of week
Provided
Clause to except something
from enacting clause or to qualify

or restrain its generality, or

exclude possible ground of
misinterpretation
CHAPTER 5
PRESUMPTIONS

Doubtful or ambiguous statute- court

presumes that it was the intention of
legislature to enact valid, sensible,
just law
Laws are presumed constitutional. To
justify nullification- clear and
unequivocal breach of constitution, not
doubtful and argumentative implication

All laws are presumed valid and

constitutional
The burden of proving invalidity of
law rests on those who challenge it
In case of doubt in the
interpretation/application of laws, it is
presumed that legislature intended
right and justice to prevail
A law should not be interpreted so
as to cause an injustice
PRESUMPTION OF IMPLIED REPEALS
Implication is not favoured; courts
must assume congruent application
Two laws must be absolutely
incompatible, clear finding must surface
In the absence of an express repeal, a
subsequent law cannot be construed as
repealing a prior law unless an
irreconcilable inconsistency and
repugnancy exists in the terms of the
new and old laws
PRESUMPTION AGAINST
INEFFECTIVENESS
Legislature intends to impart to its
enactments such a meaning as will
render them operative and effective

In interpretation of statute, court should

start with assumption that the
legislative intended to enact an
effective statute
PRESUMPTION AGAINST ABSURDITY
Statutes must receive a sensible
construction such as will give effect to
the legislative intention so as to avoid
an unjust or absurd conclusion
Presumption against undesirable
consequences were never intended
by a legislative measure
PRESUMPTION AGAINST VIOLATION
OF INTERNATIONAL LAW
Adopts generally accepted
principles of international law as
part of law of the land and adheres to
the policy of peace, equality, justice,
freedom, cooperation, amity with all
nations
CHAPTER 6
Intrinsic aids

Internal/within the statute

Resorted to only if there is
ambiguity
Title, Preamble, Body, Chapter
and Section headings,
Punctuation, Interpretation clause

Title, subtitle as intrinsic aid in

determining legislative intent
Intent of law as culled from its
preamble and from the situation,
circumstances, conditions it sought to
remedy, must be enforced; Preamble
used as guide in determining intent of
law maker
CHAPTER 7
Extrinsic Aids

Extrinsic Aids

Existing aids from outside sources

Resorted to only after exhausting
all available intrinsic aids and
ambiguity remains

History of enactment
Opinions and rulings of

Where statute is ambiguous, courts may

examine both printed pages of published
act as well as extrinsic matters such as
history of enactment, reason for
passage, and purposes to be
accomplished

government officials called upon

to execute/implement
administrative laws
Contemporaneous construction by
executive officer
Proceedings of legislative body
Author of law
Individual statements made by
congress
Explanatory note of bill
Ex: petroleum act encourage
exploitation and development of
petroleum resources in country

Opinions and rulings of government

officials called upon to execute or
implement administrative laws

Ex: Skimmed milk opinion of Board of

Food Inspection in 1961

Contemporaneous construction
placed upon statute by executive officers
charged with implementing/enforcing
provisions

Ex: The IRR of Labor code issued by

Secretary Blas Ople of Department of
Labor

Courts may avail themselves of actual

proceedings of legislative body

Ex: Bouncing check BP Blg 22

discussion as to which checks are
referred to

In case of doubt to meaning of provision

of statute, meaning put to provision
during legislative deliberations
adopted

Ex: Retirement of PNP/ INP at 56

Individual statements by members of

Congress on the floor do not necessarily
reflect legislative intent
May resort to explanatory note to
clarify ambiguous and ascertain purpose
and intent
CHAPTER 8
Strict Construction

Ex: Urea Formaldehyde

Ex: Municipality of Marcos

Nothing should be included

within the scope that does not
come clearly within the

Liberal Construction

Sutherlands guidelines

meaning of the language used

Language must be given exact
and technical meaning, no
extension on account of
implications or equitable
considerations
Not applicable: statute is certain
and unambiguous

Meaning of statute may be

extended to matters which
come within spirit or reason of
law or within evils which law
seeks to suppress
Cannot be given meaning
inconsistent with language used
Former law on the matter
Persons or rights with which it
deals
Letter or language of law
Purpose and objects of statute

Penal Statutes

Construed strictly against state

and in favour of accused

Tax Laws

Exemption: In Stictissimi juris

against taxpayer and liberally in
favour of taxing authority

Labor and Social legislations

Liberal construction/ interpretation

may not be applied where
pertinent provisions of Labor Code
and PD 626 are clear and leave no
room for interpretation

Retirement Laws

Liberally interpreted in favour of

retiree because of intention to
provide for retirees sustenance
and comfort when no longer
capable of earning livelihood

Election Rules

Statutes providing election

contests are to be liberally

construed to the end that the will
of people in the choice of public
officer may not be defeated by
mere technical objections