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STATUTORY
CONSTRUCTION
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“If there are ten lawyers in a
room discussing one and the
same law, you can expect
eleven different constructions
and interpretations.”

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STATUTORY CONSTRUCTION,
DEFINED
Statutory construction is the act or process of discovering
and expounding the meaning and intention of the authors
of the law with respect to its application to a given case,
where that intention is rendered doubtful, among others,
by reason of the fact that the given case is not explicitly
provided in the law.

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One who interprets makes use of intrinsic aids or those
found in the statute itself, while one who constructs makes
use of extrinsic aids or those found outside of the written
language of the law.

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When the words and phrases of a statute are not obscure
and ambiguous, the meaning and intention of the
legislature should be determined from the language
employed, and where there is no ambiguity in the words,
there is no room or construction.

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In other words, when the language of the law is plain, it is
not necessary, and it is not permissible, to resort to
extrinsic aids.

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When the law is clear and unambiguous, the court is left
with no alternative but to apply the same according to its
clear language.

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THE MOST BASIC RULES TO
REMEMBER
APPLY THE LAW INTERPRET THE LAW CONSTRUCT THE LAW
When the law speaks in clear and When there is ambiguity in the When the intent of the legislature
categorical language language of the statute, ascertain cannot be ascertained by merely
legislative intent by making use of making use of intrinsic aids, the
intrinsic aids, or those found in the court should resort to extrinsic aids,
law itself. or those found outside the language
of the law

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THREE (3) CARDINAL RULES WHEN
THE WORDINGS OF THE
CONSTITUTION ARE SUBJECT TO
INTERPRETATION
FIRST: VERBA LEGIS
Whenever possible, the words used in the

Constitution must be given their ordinary meaning
except where technical terms are employed.

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THE WORDINGS OF THE
INTERPRETATION
SECOND: RATIO LEGIS EST ANIMA
In case of ambiguity, the words of the Constitution

should be interpreted in accordance with the intent of
its framers.

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THE WORDINGS OF THE
INTERPRETATION
THIRD: UT MAGIS VALEAT QUAM PEREAT
The Constitution should be interpreted as a whole,

but if the plain meaning of the word is not found to
be clear, resort to other aids is available.

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AIDS IN
INTERPRETATION AND
CONSTRUCTION

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AIDS IN INTERPRETATION AND
CONSTRUCTION
1. INTRINSIC AIDS
➢ Elements found in the law itself
2. EXTRINSIC AIDS
➢ Facts or matters not found in the law
3. PRESUMPTIONS
➢ Based on logic or established provisions of
law

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INTRINSIC AIDS
1. TITLE
➢ That which expresses the subject matter of the law.
➢ Ex:
“AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF” (Republic
Act No. 10591)
“AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES” (Republic Act No. 9262)

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INTRINSIC AIDS
2. PREAMBLE
➢ That which states the reasons or the objectives of the law.
➢ People vs. HON. A. PURISIMA, et al.
G.R. Nos. L-420050-66, November 20, 1978
In this case, the Supreme Court Ruled that the intent and spirit of Presidential
Decree No. 9 can be found in the preamble or “whereas” clauses, which enumerate
the facts, or events that justify the promulgation of the decree and the stiff sanctions
stated therein.

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FACTS OF THE CASE:
1) An Information for violation of PD No. 9 was ordered quashed

by Judge Purisima because said information failed to allege an
essential element of the offense: That the carrying outside of the
accused’s residence of a bladed, pointed or blunt weapon is in
furtherance or on the occasion of, connected with, or related to
subversion, insurrection, rebellion, organized lawlessness or public
disorder.

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FACTS OF THE CASE:
2) On appeal, the Solicitor General raised the argument that the

prohibited acts need not be related to subversion activities and that
the preamble of the statute or that expressed in the “whereas” clauses
is not an essential part of an act and cannot enlarge or confer
powers, or cure inherent defects in the statute. It was also argued that
the explanatory note merely explains the reasons for issuing the
decree and this cannot prevail over the text itself.

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P.D. No. 9
“It is unlawful to carry outside of residence any bladed, pointed or

blunt weapon such as "fanknife," "spear," "dagger," "bolo,"
"balisong," "barong," "kris," or club, except where such articles are
being used as necessary tools or implements to earn a livelihood and
while being sued in connection therewith; and any person found
guilty thereof shall suffer the penalty of imprisonment ranging from
five to ten years as a Military Court/Tribunal/Commission may
direct.”

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THE RULING:
The Court disagrees with the contention of the Solicitor General.

Because of the problem of determining what acts fall within the
purview of PD No. 9, it becomes necessary to inquire into the intent
and spirit of the decree and this can be found among others in the
preamble or “whereas” clauses which enumerate the facts or events
which justify the promulgation of the decree and the stiff sanction
stated therein.

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P.D. No. 9
• WHEREAS, pursuant to Proclamation No. 1081 dated September 21, 1972, the
Philippines has been placed under a state of martial law;
• WHEREAS, by virtue of said Proclamation No. 1081, General Order No. 6 dated
September 22, 1972 and General Order No. 7 dated September 23, 1972, have
been promulgated by me;
• WHEREAS, subversion, rebellion, insurrection, lawless violence, criminally,
chaos and public disorder mentioned in the aforesaid Proclamation No. 1081
are committed and abetted by the use of firearms, explosives and other deadly
weapons;
• NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all
the Armed Forces of the Philippines, in order to attain the desired result of the
aforesaid Proclamation No. 1081 and General Orders Nos. 6 and 7, do hereby
order and decree that:

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INTRINSIC AIDS
3. WORDS, PHRASES AND SENTENCES,
CONTEXT.
➢ The intention of the legislature must primarily be determined from the language
of the statute and such language consists of the words, phrases and sentences used
therein.
➢ The meaning of the law should, however, be taken from the general consideration
of the act as a whole and not from any single part, portion or section or from
isolated words and phrases, clauses or sentences used.

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CASE:
CECILLEVILLE REALTY AND SERVICE CORPORATION

vs.
COURT OF APPEALS AND HERMINIGILDO PASCUAL
G.R. No. 120363, September 5, 1997

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FACTS OF THE CASE:
1) In 1976, Sotero Pascual became a tenant of Jose A. Resurreccion,

the president of petitioner Cecilleville Realty and Service Corporation,
in the latter’s land at Catmon, Sta. Maria, Bulacan. When Sotero died,
his wife Ana Pascual succeeded him in tenancy by operation of law. As
such tenant she had a home lot and a house on the landholding. She
was assisted in the cultivation of the land by her son, private
respondent Hermigildo Pascual, who also occupies a portion of the
landholding distinct from that occupied by his mother.
2) Petitioner Cecilleville sought to eject Hermigildo from the portion

occupied by his house but the latter, insisting that he is entitled to
occupancy since he is helping his mother in the cultivation of the land,

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FACTS OF THE CASE:
3) Petitioner instituted an ejectment suit against Hermigildo before

the MTC of Sta. Maria, Bulacan. Finding no tenancy relationship
between petitioner and Hermigildo, the MTC ordered the latter to
vacatethe land and pay attorney’s fees and the sum of P500.00 monthly
from the filing of the complaint.
4) On appeal, however, the RTC reversed the MTC and ordered that
the case be remanded to the DARAB for further adjudication, as the
RTC was of the opinion that Ana Pascual was entitled to the help of her
son in the cultivation and consequently, her son cannot be simply
ejected.

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FACTS OF THE CASE:
5) In this petition for review on certiorari with the Supreme Court,

Cecilleville contends that the appellate court erred in not finding that
while private respondent is entitled to work on the agricultural land of
the petitioner in his capacity as member of the family of tenant Ana
Pascual, nonetheless he cannot occupy a substantial portion thereof and
utilize the same for residential purposes..

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THE RULING
As clearly provided by Section 22, paragraph 3, RA No.

1199, as amended by RA No. 2263, only a tenant is granted
the right to a home lot and the right to construct and maintain
a house thereon. Private respondent is not entitled to a home
lot. As the Court sees it, the issue lies on the interpretation of
Sec. 22, paragraph 3 of RA No. 1199, as amended by RA No.
2263.

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THE RULING
”The tenant shall have the right to demand for a home lot
suitable for dwelling with an area of not more than 3 per cent
of the area of his landholding provided that it does not
exceed one thousand square meters and that it shall be
located at a convenient and suitable place within the land of
the landholder to be designated by the latter where the tenant
shall construct his dwelling and may raise vegetables,
poultry, pigs and other animals and engage in minor
industries, the products of which shall accrue to the tenant
exclusively.”

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THE RULING
The law is unambiguous and clear. Consequently, it must be

applied according to its plain and obvious meaning,
according to its express terms. Verba legis non est
recedendum, or from the word, only a tenant is granted the
right to have a home lot and the right to construct or maintain
a house thereon. And here, private respondent does not
dispute that he is a mere of Ana Pascual’s immediate farm
household. Under the law, therefore, We find the private
respondent not entitled to a home lot. Neither is he entitled to
construct a house of his own or to continue maintaining the
same within the very small landholding of petitioner.

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INTRINSIC AIDS
4. PUNCTUATION
➢ It is an aid of low degree in interpreting the language of the of a statute and can
never control against the intelligible meaning of the written word.
➢ However, if the punctuation of the statute gives it a meaning that is reasonable
and in apparent accord with the legislative will, it may be used as an additional
argument for adopting the literal meaning of the words thus punctuated.

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CASE:
U.S. vs. HART, et al.

26 PHIL. 149
G.R. No. 8848
November 21, 1913

Page 30 of 67
FACTS OF THE CASE:
1) Accused-Appellants Hart, Miller, and Natividad, were charged in

the Court of First Instance of Pampanga with vagrancy under Section
1 of RA No. 519. This section enumerates certain classes of persons
who are to be considered as vagrants such as those “found loitering
about saloons or dram shops or gambling houses, or tramping or
straying through the country without visible means of support.”

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FACTS OF THE CASE:
2) Accused-Appellants were prosecuted and convicted for

“loitering about saloons or dram shops or gambling
houses”, which is the first part of said Section 1.
The second part, it will be noticed, is worded as follows:

“or tramping or straying through the country without
visible means of support.”

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FACTS OF THE CASE:
3) It turned out, however, as shown by the evidence, that accused-

appellants had visible means of support, but the Attorney general
argued that “without visible means of support” as used in the second
part, does not apply to “every person found loitering about saloons
or dram shops or gambling houses”, but only to “tramping or
straying through the country”.

Page 33 of 67
FACTS OF THE CASE:
3) It was contended that if “without visible

means of support” is intended for the first
part, either the comma after “gambling
houses” would have been omitted, or else
the comma after “country” would have
been inserted.

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THE RULING
When the meaning of legislative enactment is in question,

it is the duty of the courts to ascertain, if possible, the true
legislative intention, and adopt that construction of the
statute which will give it effect.
The construction should be based upon something more
substantial than the mere punctuation found in the printed
act. If the punctuation in the statute gives it a meaning which
is reasonable and in apparent accord with the legislative will,
it may be used as an additional argument for adopting the
literal meaning of the words of the statute as thus punctuated.
But an argument based upon punctuation is not conclusive,

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INTRINSIC AIDS
5. LEGISLATIVE DEFINITION AND
INTERPRETATION
➢ It the legislature has defined the words used in the statute and has declared the
construction to be placed thereon, such definition or construction should be
followed by the courts.
➢ The rules are as follows:
(a) If a law provides that in case of doubt it should be construed or
interpreted in a certain manner, the courts should follow such instruction;
(b) In case of conflict between the interpretation clauses and the
legislative meaning, as revealed by the statute considered in its totality, the
latter shall prevail;

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INTRINSIC AIDS
• LEGISLATIVE DEFINITION AND
INTERPRETATION
(c) A term is used throughout the statute in the same sense in which
it is first defined;
(d) Legislative definition of similar terms in other statutes may be

resorted to except where a particular law expressly declares that its
definition therein is limited in application to the statutes in which they appear.

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EXTRINSIC
AIDS

Page 38 of 67
EXTRINSIC AIDS
• CONTEMPORANEOUS CIRCUMSTANCES
• POLICY
• LEGISLATIVE HISTORY OF THE STATUTE
• CONTEMPORANEOUS OR PRACTICAL
CONSTRUCTION
• EXECUTIVE CONSTRUCTION
• LEGISLATIVE CONSTRUCTION
• JUDICIAL CONSTRUCTION
• CONSTRUCTION BY THE BAR AND LEGAL
COMMENTATORS

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CONTEMPORANEOUS
CIRCUMSTANCES
• History of the times and conditions existing at the time the
law was enacted
• Previous state of the law
• The evils sought to be remedied or corrected by the law;
and
• The customs usages of the people

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POLICY
The general policy of the law or the settled

policy of the State may enlighten the interpreter
of the law as to the intention of the legislature
in enacting the same.

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LEGISLATIVE HISTORY OF THE
STATUTE
The history of a law may be found in:
• reports of the legislative committees;

• transcript of stenographic notes taken
• during a hearing;
• legislative investigation;
• legislative debates

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CONTEMPORANEOUS OR
PRACTICAL CONSTRUCTION
Those who lived at or near the time when the law was passed were
more acquainted of the conditions and the reasons why a particular law
was enacted.
Their understanding and application of the law, especially if the same

has been continued and agreed to by the judicial tribunals and the legal
profession, deserve to be considered by the courts.

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EXECUTIVE CONSTRUCTION
• Congress is deemed to have been aware of the construction made by the

officers charged with the administration and enforcement of the law;
• The courts should respect that 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, of the Chief Legal Adviser is subservient to the ruling
of the judiciary, which is in charge of applying and interpreting laws.

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LEGISLATIVE CONSTRUCTION
Legislative construction is entitled to consideration

and great weight but it cannot control as against the
court’s prerogative to decide on what is the right or
wrong interpretation.

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JUDICIAL CONSTRUCTION
It is presumed that the legislature was acquainted with and had in mind the judicial
construction of former statutes on the subject.
It is also presumed that the statute was enacted in the light of the judicial construction
that the prior enactment has received.
With respect to a statute adopted from another State, it is presumed that it was
adopted with the construction placed upon it by the courts of that State.

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CONSTRUCTION BY THE BAR AND
LEGAL COMMENTATORS
It is presumed that the meaning publicly given in a statute by the
members of the legal profession is a true one and regarded as one of
that should not be lightly changed.
The opinion and commentaries of text writers and legal commentators,

whether they are Filipinos or foreigners, may also be consulted as, in
fact, they are oftentimes cited or made as references in court decisions.

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USE OF EXTRINSIC AIDS
Extrinsic aids are entitled to respect, consideration

and weight, but the courts are at liberty to decide
whether they are applicable or not to the case brought
to it for decision.

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PRESUMPTIO
NS
IN AID OF STATUTORY
CONSTRUCTION

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PRESUMPTIONS IN AID OF
STATUTORY CONSTRUCTION
• Presumption of Validity
• Presumption of Constitutionality
• Presumption of Good Faith
• Presumption Against Injustice
• Presumption Against Inconsistency
• Presumption Against Absurdity
• Presumption Against Ineffectiveness
• Presumption Against Irrepealable Laws

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PRESUMPTIONS IN AID OF
STATUTORY CONSTRUCTION
• Presumption Against Implied Repeals
• Presumption Against Violation of Public Policy
• Presumption of Knowledge of Existing Laws
• Presumption of Acquiescence to Judicial Construction
• Presumption of Jurisdiction
• Presumption of Acting Within the Scope of Authority
• Presumption Against Violation of International Law

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PRESUMPTION OF VALIDITY
• Every statute passed by the legislature is presumed to be valid because in

approving it, the legislature is supposed to have considered the question of its
validity.
• The question of validity of every statute is first determined by the legislative

department of the government itself, and the court should resolve every
presumption in favor of its validity.
• Statutes should not be presumed to be invalid unless it clearly appears that they are
within some of the inhibitions of the fundamental law of the State.

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PRESUMPTION OF
CONSTITUTIONALITY
• Every statute passed by the legislature is presumed to be
constitutional.
• The presumption is always in favor of constitutionality.
• To doubt is to sustain. However, when the statute is really

unconstitutional, the courts are authorized to declare its invalidity.

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PRESUMPTION OF GOOD FAITH
• In the interpretation of statutes, it is presumed that

the legislature had good motives in having
considered and adopted a particular law.
• It is presumed that the legislature acted in good

faith, and that it acted from patriotic and just
motives.

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PRESUMPTION AGAINST INJUSTICE
• In case of doubt in the interpretation or application of

laws, it is presumed that the lawmaking body
intended right and justice to prevail.
-Article 10, New Civil Code of the Philippines
• This presumption is meant to strengthen the determination

of the courts to avoid an injustice, which may apparently
be authorized if the law is interpreted otherwise.

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PRESUMPTION AGAINST
INCONSISTENCY
• The mind of the lawmaking body is presumed to be
consistent. In case of doubt therefore, such a
construction should be adopted as will make all the
provisions of the statute consistent with one
another and with the entire law.
• A word or phrase repeated in a statute will have the

same meaning all throughout the statute, unless a
different intention clearly appears.

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PRESUMPTION AGAINST
ABSURDITY
• It is presumed that the legislature does not intent
that absurdity will flow from its enactment of the
statute. The courts therefore have the duty to
interpret the law in such a way as to avoid absurd
results.
• Whenever possible, a legal provision must not be

construed to be a useless surplusage, and
accordingly meaningless, in the sense that it adds
nothing to the law or having no effect thereon

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PRESUMPTION AGAINST
INEFFECTIVENESS
• It is presumed that the lawmaking body does not
intend to adopt laws which are unnecessary and
ineffective.
• It is presumed that the lawmaking body intends to

impart in its enactments such a meaning as will
render them operative and effective.

Page 58 of 67
PRESUMPTION AGAINST
IRREPEALABLE LAWS
• It is presumed that the lawmaking body does not
intend that its laws shall be irrepealable.
• The legislature cannot enact irrepealable laws, and

the reason is obvious—the needs of today or the
situations obtaining now will not most likely be the
same in the years to come.

Page 59 of 67
PRESUMPTION AGAINST IMPLIED
REPEALS
• Repeals by implication is not favored.
• There are two (2) requirements before a statute can
be considered to have repealed a prior statute by
implication:
(a) That the statute touches the same subject matter;

and
(b) That the latter statute is repugnant to the earlier

Page 60 of 67
THREE BASIC RULES ON THE
MATTER OF REPEAL
(1) Laws are repealed only by subsequent ones, and
their violation or non-observance shall not be
excused by disuse, or custom or practice to the
contrary.
-- Article 7, New Civil Code of the
Philippines
• When a law which expressly repeals a prior law
is itself repealed, the law first repealed shall not
be thereby revived, unless expressly so provided.
However, when a law repeals a prior law, not

Page 61 of 67
PRESUMPTION AGAINST VIOLATION
OF PUBLIC POLICY
• It is presumed that the legislature designs to favor
and foster rather than to contravene that public
policy which is based upon the principles of natural
justice, good morals, and the settled wisdom of the
law as applied to the ordinary affairs of life.

Page 62 of 67
PRESUMPTION OF KNOWLEDGE OF
EXISTING LAWS
• In enacting a law, the lawmaking body is presumed
to have full knowledge of all existing laws on the
subject.
• Hence, if there are two laws on the same subject
enacted on different dates, the latter law cannot be
held to have abrogated the former law, unless the
repugnancy is clear, convincing and irreconcilable.

Page 63 of 67
PRESUMPTION OF ACQUIESCENCE
TO JUDICIAL CONSTRUCTION
• When the court has construed a statute in a
particular manner, and the lawmaking body made
no move to alter or amend the said statute, it is
presumed that the legislature has acquiesced to the
said construction.

Page 64 of 67
PRESUMPTION OF JURISDICTION
• A statute will not be construed in such a manner as

to oust or restrict the jurisdiction of a court, or to
vest a new jurisdiction in the said court, unless
there are express words or a necessary implication
to that effect.

Page 65 of 67
PRESUMPTION OF ACTING WITHIN
THE SCOPE OF AUTHORITY
• It is presumed that the legislature acted within the
scope of its authority.
• Hence, if a statute admits of more than one
interpretation, one that places the said statute
outside of legislative competence, and the another
that places the said statute within the limits of
legislative competence, the court should adopt the
latter interpretation.

Page 66 of 67
PRESUMPTION AGAINST VIOLATION
OF INTERNATIONAL LAW
• It is presumed that s statute is in conformity with
the rules and principles of international laws or
with treaties, in line with Section 2, Article II of
1987 Constitution, which provides:
“Section 2. The Philippines renounces war as
instrument of national policy, adopts the generally
accepted principles of international law as part of the
law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity
with all nations.”

Page 67 of 67

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STATUTORY

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FIRST: VERBA LEGIS

Whenever possible, the words used in the

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SECOND: RATIO LEGIS EST ANIMA

In case of ambiguity, the words of the Constitution

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THIRD: UT MAGIS VALEAT QUAM PEREAT

The Constitution should be interpreted as a whole,

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“AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,

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1) An Information for violation of PD No. 9 was ordered quashed

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2) On appeal, the Solicitor General raised the argument that the

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“It is unlawful to carry outside of residence any bladed, pointed or

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The Court disagrees with the contention of the Solicitor General.

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CECILLEVILLE REALTY AND SERVICE CORPORATION

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1) In 1976, Sotero Pascual became a tenant of Jose A. Resurreccion,

2) Petitioner Cecilleville sought to eject Hermigildo from the portion

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3) Petitioner instituted an ejectment suit against Hermigildo before

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5) In this petition for review on certiorari with the Supreme Court,

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As clearly provided by Section 22, paragraph 3, RA No.

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The law is unambiguous and clear. Consequently, it must be

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U.S. vs. HART, et al.

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1) Accused-Appellants Hart, Miller, and Natividad, were charged in

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2) Accused-Appellants were prosecuted and convicted for

The second part, it will be noticed, is worded as follows:

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3) It turned out, however, as shown by the evidence, that accused-

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3) It was contended that if “without visible

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When the meaning of legislative enactment is in question,

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(d) Legislative definition of similar terms in other statutes may be