Statutory Construction Chapter IV
Finals Reviewer
Chapter I
 When the law is clear and unequivocal, the court need not to
interpret the law but only to apply it.
Chapter II
 One-title-one-subject
 Third reading no amendment rule
 Judicial Doctrine – judicial interpretation of a statute which
constitutes part of law as of the date it was originally passed
 Due Process of Law – a process which hears before it
condemns; proceeds only upon inquiry before giving
judgment
 Express repeal – repeal clause
 Implied repeal – later statue contains provisions so contrary
or irreconcilable with that of the earlier law; there is
intention of the part of the legislative to abrogate a prior act;
intention must be clear and manifested
 Circular cannot repeal a law
 Doctrine of Processual Presumptions – where foreign law is
not pleaded, or even if pleaded, if not proved, the
presumption is that foreign law is the same as ours
Chapter III
 Verba Legis – if the statute is plain and clear and free from
ambiguity, it must be given its literal meaning and applied
without interpretation
 Between two statutory interpretations, that which better
serves the purpose of the law should prevail
 Cassus Omissus – can operate and apply only if and when
the omission has been clearly established
 Stare Decisis
 When the law does not distinguish the court should not
distinguish. UBI LEX DISTINGUIT NEC NOS
DISTINGUERE DEBEMOS.
 Ejusdem Generis – resorted to when legislative intent is
uncertain; when the general words follow an enumeration of
persons or things, by words of a particular and specific
meaning, such general words are not to be construed in their
widest extent but are held as applying only to persons or
things of the same kind or class as those specifically
mentioned.
 Negative Words – negative words and phrases regarded as
mandatory while those in the affirmative are mere directory
 “may” connotes a permissible thing while the word “shall” is
imperative
 “must” may be consistent with an exercise of discretion
 “and” is a conjunction used to denote a joinder or union
 “or” indicates an alternative between different or unlike
things
 “only” means exclusive
 Computation of Time
o In computing period, the first shall be excluded and
the last day included
Chapter V
 Presumption against unconstitutionality – laws are presumed
constitutional
 Presumption against injustice – law should not be interpreted
so as to cause an injustice
 Presumption against implied repeals – repeals by implication
is not favored; 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 – the legislature intends
to impart to its enactments such a meaning as will render
them operative and effective
 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
Chapter VI
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