Statutory Construction Rules Purposive Analysis rule-
 giving effect to the legislative purpose
Rules of Approach
Ordinary meaning rule-
 statute should be construed according to ordinary meaning of terms (the
term used by an ordinary competent user reading the words in their
immediate context in accordance to the common language game, must
encompass public knowledge of such and are not uncontroverted or
contested and there must be judicial notice of a term if not the court will
ask for evidence proving that it has another meaning)
 the constitutional assumption which is “employment of ordinary means
of communication”
exceptions:
 such construal shouldn’t violate vested rights, will result to injustice
 such construal should be in line with the intention of the legislature
Original meaning rule-
 statutory terms or phrases shall have the meaning of the term at the time
of legislation
 they shall be construed according to the original meaning of the term
exceptions:
 such construal shouldn’t violate vested rights, will result to injustice
Contextual Analysis rule
 “noscitur a sociis” , terms should be associated with the context of the
whole provision
 each term, phrase or clause should be interpreted in accordance with the
context of the section or provision in which it occurs
 must be also noted that a provision should be construed in accordance
with the entire law
 Such should not be taken in isolation from the whole statute
exceptions:
 such construal shouldn’t violate vested rights, will result to injustice
 Constitution also takes part in the interpretation of the law, it shouldn’t
be violated
 knowing the intent of congress in legislating such rules, knowing the
purpose of the law. e.g. BP 22 was enacted to punish those people who
issue bad checks
Consequential Analysis or absurdity rule-
 if the law is totally absurd, it will be void for vagueness
 Absurdity occurs in two ways: a law is vague because of syntactical
errors or it may be constructed in a grammatically correct manner but
there is a resultant ambiguity because there is no way to interpret it
Exceptions:
 if there is a way or there are ways to interpret the law it must be applied
in a way that it will not result to injustice and will not violate vested
rights
 if a law is void and there is no judicial declaration of its being void,
repeal of the said law, it is still active and should be applied
Exclusionary rule-
 “Expressio / Inclusio unius est exclusio alterius” what is not mentioned
in the provision of a law is excluded
 When the law enumerates, the enumeration manifests the intendment of
exclusiveness
Shared meaning rule-
 “Ejusdem Generis” , when the law enumerates but follows enumeration
with a general term, that general term shall be interpreted in light of the
enumeration
 A term is to be construed in accordance with the conditions provided in
general term
Plausible meaning rule-
 When the law is clear ipso facto on its face as long as there are no
resultant ambiguities, the only thing to do is apply the law
Exceptions:
 In applying and construing a statute it must not result into an absurd
consequence or will result to injustice and deter rights
 Rules Based on Drafting Conventions
Legislative drafting conventions
 Legislative history takes part in the interpretation of a law
 it is through this rule we could decipher the meaning and intendment of
the law
 the content of the law rather the purpose of the law should be known
from the different stages of the drafting process. From passing of the bill
until its enactment
exceptions:
 construal of a statute must be based on the real intention of congress
 if the intention of congress during deliberations is different to that
results in the enrolled or active law then the purpose of the statute
prevails
Prohibition on tautology and stylistic variation-
 To avoid absurdity, vagueness and confusion precise terms should be
used
 The constitutional assumption “employment of ordinary means of
communication” should be noticed
Use of particular words or structures to signal particular meaning
 Words, terms or phrases used in the law should be particular and
defined.
Rule on codification
 A code is a complete statement of the law, it deems to repeal laws
preceding it.
 “legis posteriores priores contrarias abrogant” later enactment must
prevail
exceptions:
 a code must express in its repealing clause that it repeals particular
statutes that are contrary to it
 if there is no express repeal and a former statute has provisions that
cannot be found in a latter law or a code, they should be reconciled and
harmonized
Rule on inclusion and exclusion in amendments
 What is not mentioned in a later law is deemed repealed
 “lex posterior” a subsequent law or a later law repeals an old law.
 legis posteriores priores contrarias abrogant
 Repeal can be in two ways: express repeal- when a provision
specifically states the repeal of a particular law(s) whether such is/are
contradictory or not, implied repeal- when there is no mentioning of any
specific provision
Exceptions:
 a statute must express in its repealing clause that it repeals particular
statutes that are contrary to it
 if there is no express repeal and a former statute has provisions that
cannot be found in a latter law or a code, they should be reconciled and
harmonized
Rules Introducing Values into Interpretation
Presumption of legislative intent: right and justice
 Knowing the intention of the congress, what benefits it wants to be
achieved and evil it wants to avoid. When there is doubt in the
application of the law be guided by the purpose of the law
Presumption in favor of the constitution
 All laws are presumed to be valid
 If it is contrary to public policy and contrary to the constitution then it is
void
Presumption in favor of international law
 Laws must be presumed in accordance with treaties or international law
since it is part of the municipal law
 Laws must be interpreted in accord with international treaties
Strict construal of penal laws
 “Strissimi juris” don’t punish more than what is exactly provided for
 laws are construed liberally in favor of the accused (right of each person
to freedom and liberty) and strictly construed against the state
Strict construal of tax laws, strict construal against exemptions
 tax measures are construed strictissimi juris against the state because it
imposes burdens upom citizens and liberally construed in favor of the
citizens
exceptions
 tax exemptions and tax exclusion measures should be liberally construed
in favor of the government and strictly against the citizens
  “lifeblood doctrine” the state is kept alive because taxes are sources of  “Stare decisis” “legis interpretado legis vim obtinet” interpretation
revenue to deliver public goods and services placed upon the written law by a competent court has the force of law.
jurisprudence is not a law but it has the force of law unless such is not
abandoned.
Liberal construal of procedural rules, etc.
 rules on court procedures must be liberally construed in favor of the
accused

exceptions: STATUTORY CONSTRUCTION ENUNCIATED

 applies only to pending cases IN DECIDED CASES
 procedural rules will not apply to already resolved cases that have
finality In Pari Materia

Urbano v. GSIS
 Whether or not an exceptive clause found in an earlier COA
circular could be “amplified” by reading it in the light of a later
Rules that Permit Judges to change or ignore the Text COA circular?
 YES, applying the doctrine of statutes in pari materia:
 Drafting errors 1. statutes should be read and construed together
A law should be avoided if it is erratic and completely no way to interpret it. 2. is should be presumed that the legislature intended to effect
the policy embodied in prior legislation
 Avoidance of absurd consequences 3. provided such construal and reading doesn’t offend the
Void for vagueness and no way to interpret- abandon purpose of the statute and it is justified

 Avoidance of a construction that violates policy Valencia v. CA

Don’t apply rules or laws that are against public policy or inconsistent with the  Whether or not DAR Memo Circular No. 3 series of 1994 can be
constitution or treaties reconciled with SC Administrative Circular No. 1-95, now Revised
Rules of Civil Procedures?
 YES, these circulars must be reconciled because
Rules for Resolving Conflict 1. they don’t negate their intent and meaning, hence they can be
harmonized
Express and implied repeals 2. the harmonization results: an administrative decision must
 Interpret laws and make use of it if they are not repealed. “Lex first be appealed to administrative superiors up to the highest
posterior” level (DAR Memo) before it may be elevated to a court of
 “Legis posteriores priores contrarias abrogant” justice for judicial review (SC Administrative Circular).
3. an appeal to the President from the Department Secretary is a
Statutes in pari material plain, speedy, adequate remedy available to a party before he
 In interpreting a law, it must be counter referred to previous enactments can turn to the courts for relief
that deals with the same subject, in pari material.
Manila Jockey Club v. CA
 Interpretare et concordare legels legibus est optimus interpretandi.
Application of interpreting jurisprudence  No law should be read as the beginning of a new legal system.
  A supplemental law becomes an addition to the existing statutes or to Manalo v. CA
a section thereof and its effect is not changed in any way the  Even a subsequent general law cannot repeal an earlier special law, it
provisions of the latter but to extend the operation thereof, or give only happens if the former contains a repealing clause, legislative intent
additional power to enforce its provisions to repeal antecedent, inconsistent legislation is clear

Strict Construal Of Tax measures, exceptions, exclusions etc Recana V. CA

 For a repealing clause in a general law to operate against a special law it
must be expressed
Commissioner of Internal Revenue v. CA
 Exceptions derogate from the general rule
 Tax measures are construed strictissimi juris against the state because
Liberal Construal of Procedural Rules
they impose burdens upon citizens
Estolas v. Mabalot
PLDT v. City of Davao  Agrarian laws must be interpreted liberallyin favor of grantees in order
 Tax exclusion and tax exemptions are construed strictly against the to allow farmers a dignified and a measure of self reliance- to give full
taxpayer and liberally in favor of the government effect to the clear intendment of the laws.
 Lifeblood doctrine
Acop v. Guingona
John Hay People’s Alternative Coalition v. Lim  The operation of a proviso is usually and properly confined to the
 Proclamation No. 420 in 1994 (Special Economic Zone on portion of clause or distinct portion of the enactment which immediately
Camp John Hay) vis-à-vis R.A. 7227 ( incentive only for Subic Special precedes it or to which it pertains and does not extend to or qualify
Economic Zone, under Bases Conversion Development Authority) other sections or portions of the statute unless the legislative intent
 Tax exemptions must be expressly provided for and not merely implied that it shall so operate is clearly disclosed

Strict Construal of Penal Statutes

Recuerdo v. People
 B.P. 22 is not a bill of attainder
 A bill of attainder inflicts punishment without a trial and substitutes a
legislative determination of guilt for a judicial finding
 BP 22 doesn’t punish the act of not paying debts but the deleterious act
of putting a worthless instrument in circulation

Express and Implied Repeals

Camacho v. Gloria
 Generalia specialibus non derogant
 Where a Magna Carta for Public School teachers provides a disciplinary
process different from what is provided for in the charter of a state
institution, the latter prevails
 A special statute prevails over a general statute