VIII. CONTEMPORARY CONSTRUCTION
where the court has previously given the statue a different interpretation
A. Definition: these are constructions placed upon statues at the time of, or after,
their enactment by the executive, legislature or judicial authorities, as well as by
those who, because of their involvement in the process of legislation, are
knowledgeable of the intent and purpose of the law.
B. Contemporanea expositio est optima et fortissima in lege – the contemporary
construction is strongest in law.
C. Contemporaneous construction is the construction placed upon the statute by an
executive or administrative officer called upon to execute or administer such statue.
D. Executive and administrative officers are generally the very first official to
interpret the law. These interpretations are in the form of:
1. rules
2. regulations
3. circulars
4. directives
5. opinions and
6. rulings.
E. Types of executive interpretation:
1. construction by an executive or administrative officer directly called to implement
the law which may be:
(a) expressed (ex. Interpretation embodied in circulars, directive or
regulation)
(b) implied. (a practice of enforcement of not applying the statute to
certain situations)
2. Construction by the Secretary of Justice in his capacity as the chief legal adviser
of the government in the form of opinions. In the absence of the ruling of a
president, the opinions of Sec. Of Justice is controlling among administrative and
executive officials.
3. Interpretation handed down in and adversary proceeding in the form of a ruling
by an executive office exercising quasi-judicial power.
Note: In the absence of error or abuse of power or lack of jurisdiction or grave
abuse of discretion clearly conflicting with either the letter or the spirit of a
legislative enactment creating or changing a governmental agency, the action of the
agency would not be disturbed by the courts.
E. Reason why contemporaneous construction is given much weight: it comes from
the particular branch of government called upon to implement the law thus
construed – these same people are the drafters of the law they interpret.
F. When to disregard Contemporaneous construction
This contemporaneous construction is not binding upon the court. The court may
disregard it:
1. where there is no ambiguity in the law
2. where the construction is clearly erroneous
3. where strong reason to the contrary exists
4.
G. If there is an error in implementation of the law, such error may be corrected.
The doctrine of estoppel does not apply.
H. As a rule, erroneous contemporaneous construction creates no vested right on
the part of those who relied and followed such construction.
But this rule is not absolute. There may be exeptions in the interest of justice and
fair play (ex. Tax cases)
I. Legislative interpretation: the legislature may provide an interpretation or
declaration clause in a statue by they cannot limit or restrict the power granted to
courts.
1. While legislative interpretation is not controlling, courts may resort to it
to clarify ambiguity in the language.
2. such legislative interpretation is entitled of respect especially of the
executive department has similarly construed the statute.
J. Legislative approval – the legislature, by action or inaction approve or ratify such
contemporaneous construction. Such approval may manifest in many ways such as:
1. when it reenacts statute previously given a contemporaneous
construction
2. when it amends a prior statute without providing anything which would
restrict, change, nullify the previous contemporaneous construction.
3. appropriation of money for the officer designated to perform a task
pursuant to an interpretation of a stature
4. non-repudiation of the construction.
Note: Ratiohabitio Mandati aequiparatur –legislative ratification is equivalent to
mandate.
K. Stare decisis
1. Stare decisis et non quieta movere— one should follow past precedents and
should not disturb what has been settled.
Reason for such doctrine: the supreme court has a duty not only of interpreting and
applying the law but also in protecting the society from needless upheavals. Interest
reipublicae ut sit finis litium – interest of then state demands that there be an end
to litigation.
2. A ruling in order to come within the doctrine of stare decision must be
categorically stated in the issue expressly raised by the parties; must be a direct
ruling.
3. Rulings that are merely sub silencio are merely obiter dictum (an opinion of the
court upon some question of law which is not necessary to the decision of the case
before it; not binding)
4. This doctrine is not absolute because Supreme Court may change or abandon a
precedent enunciated by it.