Duty of the courts to construe and interpret the law

Requisites:
1. Actual case of controversy. A cause brought to the court by party litigants. If there is no
case, there is no way for the court to construe or interpret the law.
2. There is ambiguity in the law involved in the controversy. The law is susceptible for 2 or
more interpretations

● Where the law speaks in clear and categorical language, there is no room for
interpretation. There is only room for application
● When 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 or erroneous
● The first and fundamental duty of the Courts is to apply the law
● It is the duty of the courts to apply the law disregarding theif feeling of sympathy or pity
for the accused

Different kinds of Construction and Interpretation

1. Close interpretation - take the words in their narrowest meaning (Literal interpretation)
2. Liberal interpretation - adopts a more comprehensive significance of the words
3. Extravagant interpretation - proceeds simply on the general principles of interpretation
4. Unrestricted interpretation - proceeds simply on the general principles of interpretation
5. Restricted interpretation - when we are influenced by other principles than the strictyle
hermeneutic ones
6. Predestined interpretation - takes place if interpreter makes the text subservient to his
preconceived views and desires

Subjects of Construction and Interpretation

1. The Constitution
2. Statutes

STATUTES

HOW DOES A BILL BECOME A LAW

1. Member of the National Assembly may introduce the proposed bill to the Secretary of
the National Assembly who will calendar the same for the first reading. Proponent must
affix his signature in the proposed bill stating his purpose.
2. 1st reading, bill is read by its number and title only
3. After 1st reading, the bill is referred by the Speaker to the appropriate committee for
study. The Committee, at this stage will conduct hearings. After hearing, committee shall
decide whether or not to report the bill favorably.
4. Upon favorable action by appropriate committee, the bill is return to National Assembly
and shall be scheduled for 2nd reading
5. 2nd reading, bill is read in its entirety
 6. Immediately after the 2nd reading, bill is set for open debates where members of the
assembly may propose amendments
7. After approval in 2nd reading, the bill is printed in its final form and copies shall be
distributed to each members of the National Assembly, UNLESS THE PRESIDENT
CERTIFIES IN WIRING AS TO THE NECESSITY OF THE IMMEDIATE ENACTMENT
OF THE BILL TO MEET A PUBLIC CALAMITY AND EMERGENCY.
8. The bill is then scheduled for third reading. No amendment shall be allowed. Only the
title of the bill is read and national assembly will vote on the bill.
9. After the bill is passed, it will be submitted to President for his approval. If he approves,
he shall sign, otherwise, he shall veto it and return to the house where the bill
originated with his objections
10. If approved by two thirds (2 / 3) of all its members, it shall become a law.

CONSTITUTIONAL TEST IN PASSAGE OF BILL

1. Every bill shall embrace only one subject which shall be expressed in the title
2. No bill passed by either house shall become a law unless it has passed three readings
on separate days, except when the president certifies to its necessity of the
immediate enactment of the bill to meet a public calamity or emergency
3. Every bill passed by Congress, before it becomes a law shall be presented to the
President

PARTS OF STATUTE

1. Title
2. Preamble - explains the reasons for its enactment and objects sought to be
accomplished.
3. Enacting clause - part which declares its enactment and serves to identify it as an act of
legislation proceedings from proper legislative authority.
4. Body - Contains its substantive and procedural provisions.
5. Repealing clause - Part which announces the prior statutes or provisions which have
been abrogated by reason of the enactment of the new law.
6. Saving Clause - Restriction in a repealing act, intended to save rights, pending
proceedings, penalties.
7. Separability clause - Part which provides than in the event that one or more provisions
are declared void and unconstitutional, remaining provisions shall still be in force
8. Effectivity clause - part which announces the effective date of the law.

VAGUE STATUTES - A statute may be said to be vague when it lacks comprehensible

standards that men “of common intelligence must necessarily guess at its meaning and differ as
to its application”.
REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED
 Express repeal - abrogation or annulling of a previous existing law by enactment of a
subsequent statute which declares that the former law shall be revoked and abrogated
Implied repeal - happens when a later statute contains provisions so CONTRARY or
IRRECONCILABLE with those of the earlier law that only one can stand in force

Two categories of repeal by implication

1. Provision in the two on the same subject matter are in an IRRECONCILABLE
CONFLICT - later act repeals the earlier one being later legislative intent
2. Later act covers the whole subject of the earlier one and is clearly intended as a
substitute - will operate to repeal the earlier law.

ORDINANCE - An ordinance is an act passed by the local legislative body in its exercise of law
making authority.

Test of a Valid Ordinance:

1. Must not Contravene Constitution or any other statutes
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable

BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS

Legislative Intent - the object of all interpretation and construction of statutes is to ascertain the
meaning and intention of the legislature.
- Legislative intent is determined principally from the language of the statute

Verba Legis - If the language of the statute is plain and free from ambiguity, and express a
single, definite and sensible meaning, that meaning is conclusively presumed to be the meaning
of the legislature intended to convey.

Statute as a whole - A cardinal rule in statutory construction is that legislative intent must be
ascertained from a consideration of the statute as a whole and note merely of a particular
provision.
- A word or phrase might easily convey a meaning which is different from the one actually
intended.
- It is not to be presumed that the legislature has used any useless words

Spirit and purpose of the law - When the interpretation of a statute according to the exact and
literal import of its words would lead to absurd and mischievous consequences, it should be
construed according to its spirit and reason, DISREGARDING THE STRICT LETTER OF THE
LAW
- When the reason of the law ceases, the law ceases.
- DOCTRINE OF NECESSARY IMPLICATIONS - WHAT IS IMPLIED IN A STATUTE IS
AS MUCH AS PART THEREOF AS THAT WHICH IS EXPRESSED.

Casus Omissus - When a statute makes specific provisions in regard to several enumerated
cases or objects, but omits to make any provision for a case or object which is analogous to
those enumerated, or which stands upon the same reason, and is therefore within the general
scope of the statute, and it appears that such case or object was omitted by inadvertence or
because it was overlooked or unforeseen, it is called a “casus omissus”. Such omissions or
defects cannot be supplied by the courts.

Stare Decisis - When the court has once laid down a principle, and apply it to all future
cases, where facts are substantially the same, regardless of whether the parties and properties
are the same.
- Matters already decided on merits cannot be relitigated again and again.

CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES

When the law does not distinguish, courts should not distinguish
- Rule is a corollary of the principle that general words and phrases of a statute should
ordinarily be accorded their natural ang general significance
- Courts should administer the law as they think it out to be but as they gind it
without regard to consequences

Exceptions in the statute - When law does not make any exception, courts may not except
unless compelling reasons exist to justify it.

General and Special Terms

- General terms are to receive a general construction, unless restrained by the context or
by plain inference from the scope and purpose of acts
- General terms may be restrained by specific terms or provisions which they are
associated
- Special terms may sometimes be expanded to a general signification by the
consideration that the reason of law is general

Ejusdem Generis
- Where general words follow an enumeration of persons or things, by words of particular
and specific meaning, the general words are not to be construed in their widest extent,
but are to be held as applying only to persons of same class or kind as those specifically
 mentioned. BUT THIS RULE MUST BE DISCARDED WHERE THE LEGISLATIVE
INTENTION IS PLAIN TO THE CONTRARY.
- This rule is commonly called the “ejusdem generis” rule, because it teaches us that
broad and comprehensive expressions in an act, such as “and all others”, or “any
others”, are usually to be restricted to persons or things “of the same kind” or class with
those specially named in the
preceding words.

Expressio unius est exclusio alterius

- The express mention of one person, thing, or consequence is tantamount to an express
exclusion of all others.
- Except when there is MANIFEST OF INJUSTICE, and there is NO REASON FOR
EXCEPTION

Noscitur A sociis
- 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 or with which it is associated.

Negative words
- Negative words and phrases are regarded as mandatory while
- Affirmative are miere directory

Use of the word MAY and SHALL in the statute

- Use of the word “may” in the statute generally connotes a permissible
thing, and operates to confer discretion while the word “shall” is
imperative, operating to impose a duty which may be enforced.
- The term “shall” may be either as mandatory or directory depending
upon a consideration of the entire provision in which it is found, its
object and consequences that would follow from construing it one way or
the other.

Use of the word MUST

- The word “must” in a statute like “shall” is not always imperative and may be consistent
with an exercise discretion.

Use of the term AND and the word OR

- AND - connecting words or phrases expressing the idea that the latter is to added or
taken along with the first
- OR - used to express as ALTERNATIVE or to give a choice of one among two or more
things. It is also used to CLARIFY WHAT HAS ALREADY BEEN SAID

Computation of Time
 - When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty five days each; months
of thirty days; days of twenty –four hours; and nights from sunset to
sunrise.
If months are designated by their name, they shall be computed by the
number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day
included (Art. 13, New Civil Code).
- A “week” means a period of seven consecutive days without regard to the
day of the week on which it begins.

Proviso - is a clause or part of a clause in the statute, the office of which is either to except
something from the enacting clause, or to qualify or restrain its generality, or to exclude some
possible ground of misinterpretation of its extent.

PRESUMPTIONS

Presumptions - presumption that it was the intention of the legislature to enact a valid, sensible
and just law.

Against Unconstitutionality - Laws are presumed constitutional

- A law shall not be declared invalid unless the conflict with consti is clear and beyond
reasonable doubt.

Against Injustice - Law should never be interpreted in such a way as to cause injustice as this
was never within legislative intent.
- Presume that good motives of legislature, Which is to render justice
- Apply the law not independently of, but in consonance with justice
- Law and justice are inseparable
- In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail. (Civil Code)
- Law should never interpreted as to cause injustice

Against Implied Repeals - Repeal of laws by implication is not favored and that courts must
not generally assume their application
- Two laws must be absolutely incompatible, and clear finding must surface
- All doubts must be resolved against implied repeal
- All efforts should be exerted in order to harmonize and give effect to all laws on the
subject
- 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.
- REPEALS OF STATUTE BY IMPLICATION NOT FAVORED
Against Ineffectiveness - intends to impart its enactments such a meaning as will render them
operative and effective
- Court should start with the assumption that the legislature intended to enact an effective
statute.

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 is never intended

Against Violation of International Law - States that Philippines as democratic and republican
state 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.

Intrinsic Aids - Intrinsic means internal or within.

- Those aids within the statute.
- If the statute is clear and unequivocal there is no need to resort to intrinsic aids
- 1, Title,
2. Preamble,
3. Context or Body of Statute,
4. Chapter and Section headings,
5. punctuation and interpretation clause
- Title of the law is a valuable intrinsic aid in determining legislative intent (Lim v
Pacquing)
- Subtitle of the statute as intrinsic aid in determining legislative intent (Defensor Santiago
vs Comelec)
- Preamble as intrinsic aid - The intent of the law as culled from its preamble and from
the situation, circumstances and conditions it sought to remedy must be enforced.
(Eugenio v Executive Secretary)
- Preamble is used as guide in determining the intent of the lawmaker

Extrinsic Aids - existing aids from outside sources

- Outside of the four corners of the statute.
- If after availing all the intrinsic aids and still there remain some ambiguity, then extrinsic
aids may be consulted.
- Resorted to after exhausting all the available intrinsic aids and still there remain some
ambiguity in the statute.
- 1. History of the enactment of the statute,
2. opinions and rulings of officials of the government called upon to execute or
implement admin laws,
 3. contemporaneous construction by executive officers,
4. actual proceedings of the legislative body,
5. individual statements by members of congress,
6. Author of the law
7. Recommendation of legislative committees
8. Public policy
9. Judicial construction
10. Construction by the bar

- Courts may avail themselves of actual proceedings of the legislative body to assist in
determining construction of a statute of doubtful meaning (Legislative deliberations)

Strict and Liberal Construction

Strict Construction - If strictly construed, nothing should be included within the score that does
not come clearly within the meaning of the language used.
- Language must be given its exact and technical meaning
- Strict construction not applicable where meaning of statute is certain and
unambiguous, for there is no need for construction, if it is certain and
unambiguous

Liberal construction - Where meaning of a statute may extend to matters which come within
the spirit or reason of the law.

Penal statutes - Penal statutes are strictly construed in favor of the accused
- Not to be extended or enlarged by implications, intendments, analogies or equitable
considerations
- Subject it to scrutiny and to construe it with such strictness as to safeguard rights of the
accused
- If the statute admits two contradictory constructions, that which operates in favor of the
party accused is to be preferred (Rule of Lenity)
- Construed strictly against the state

Tax Laws - Power to tax is an incident of sovereignty and is unlimited in its range.
- Taxation shall be uniform and equitable and Congress shall evolve a progressive system
of taxation.
- Power to tax involves the power to destroy
 - Taxation is a destructive power which interferes with the personal and property rights of
the people and takes from them a portion of their property for the support of the
government
- TAX MUST BE CONSTRUED STRICTLY AGAINST THE GOVERNMENT AND
LIBERALLY IN FAVOR OF THE TAXPAYER, FOR TAXES, BEING BURDENS ARE
NOT TO BE PRESUMED BEYOND WHAT THE APPLICABLE STATUTE
EXPRESSLY AND CLEARLY DECLARES
- Tax exemptions construed strictissimi juris against the taxpayer and liberally in favor of
the taxing authority.
- Reason - law frowns against exemptions from taxation
- Claim for Tax exemptions must be clearly shown and based on language in the law too
plain to be mistaken.
- Taxation is the General rule, Tax exemption is the exception

Naturalization Laws - Naturalization laws should be rigidly enforced and strictly construed in
favor of the government and against the applicant

Insurance Laws - Contracts are to be construed liberally in favor of the insured and strictly
against the insurer
- Any doubt or obscurity in the contract will be strictly construed against the drafter or the
one who causes the obscurity. Art 1377 civil code (According to Jurisprudence)

Labor and Social Legislations - Liberal construction and interpretation of labor laws may not
be applied where the pertinent provisions of the Labor Code and PD 626 are clear and leave no
room for interpretation.
- Social legislations, liberally construed
- The sympathy of the law on social security is towards is BENEFICIARIES. Requires a
construction of utmost liberality in their favor.

Retirement Laws - Well settled rule is that retirement laws are Liberally interpreted in favor
of the retiree.
- Reason - The intention is to provide for the retirees sustenance and comfort when he is
no longer capable of earning his livelihood
- RETIREMENT LAWS SHOULD BE LIBERALLY CONSTRUED AND ADMINISTERED
IN FAVOR OF PERSONS INTENDED TO BE BENEFITED
- Retirement laws are intended to entice competent men and women to enter the
government service and permit them to retire with relative security.

Election Rules - Statute for election contest are to be liberally construed to the end that the
will of the people in the choice of public =officer may not be defeated by mere technical
objections

Prospective and Retrospective Statutes

Prospective - Statute which operates upon acts and transactions which have not occured when
the statute takes effect that is which regulates the future
Retrospective - One which takes away vested rights acquired under existing laws, or creates
new obligations and imposes new duties

Penal laws - GR: prospective

- Exception - it can be given retroactive effect if it is favorable to the accused who is not a
habitual criminal
- Penal laws shall have a retroactive effect insofar as they favor a person guilty of a felony
who is not a habitual criminal.
- The beneficent provision of RA 7659 shall be given retrospective effect.

Procedural laws - Procedural laws are retrospective.

- Rule is that statutes regulating the procedure of the court will be construed as applicable
to actions pending and undetermined at the time of their passage
- Procedural provisions of the LGC are retrospective

Curative statutes - Curative statutes are those which undertake to cure errors and irregularities
and administrative proceedings.
- Designed to give effect to contracts and other transactions between private parties which
otherwise would fail of producing their intended consequences by reason of some
statutory disability.
- Retroactive in character

● The question whether a statute operates retrospectively or only prospectively

depends on the legislative intent
● Laws cannot be given retroactive effect in the absence of a statutory provision for
retroactivity or a clear implication of the law to that effect
● All statutes are to be construed as having only a prospective operation unless the
purpose and intention of the legislature is to give them retrospective effect is
expressly declared
● Prospective unless the legislative intent to give them retroactive effect is
expressly declared or is implied from the language used.

Conflicting statutes - When Courts are confronted with conflicting statutes, they should not
declare outright the invalidity of one against the other but should endeavor to reconcile them.

Statutes in Pari Materia - Statutes in pari materia are to be construed together

- Each legislative act is to be interpreted with reference to other acts relating to the same
matter
 - Even if the various statutes have not been enacted simultaneously and do not refer to
each other expressly.
- HOWEVER, if statutes cannot be reconciled, statute of later date must prevail being a
later expression of legislative will.
- Repugnancy should be very clear to warrant the Court in holding that the later statute in
time repeals the other.

General and Special Statutes - First is to give effect to both, if possible.

- If irreconcilable, general statute must give way to special statute as an exception to the
general provision
- Special law prevails over a general law regardless of their dates of passage.
- This is even so if the general statute is the later enactment of the legislature and broad
enough to include the cases in special law
- Unless, there is manifest intent to repeal or alter the special law, such as when general
law contains repealing clause.
- General law cannot repeal a special law.
- It is a basic rule in statutory construction that the enactment of a later legislation cannot
be construed to have repealed a special.

Statute and Ordinance - If both can stand together, effect should be given to both.
- If there is conflict between an Ordinance and statute, Ordinance must give way
- Ordinance shall not contravene a statute

Statutes of different dates - Statute of later date must prevail being a later expression of
legislative will.

Substantive laws and Procedural Laws - It is a well-settled rule that a substantive law cannot
be amended by a procedural law.

General provision of a special law and Particular provision of a General law - particular
provision of a general law should prevail.

Proviso and a Body of a statute - the proviso prevails as latest expression of legislative intent.

Statute and an administrative directive - the statute cannot be repealed nor be amended by
the administrative directive.
Aris vs NLRC (Unconstitutional)
- Laws are presumed constitutional

Lim v Pacquing
- Time honored doctrine is that all laws are presumed valid and constitutional unles
otherwise ruled by this court

Salvacion v Central Bank (Injustice)

- Rape minor
- Chinabank
- It would unthinkable that question sec 113 of Central bank circular would be used as a
devised by accused for wrongdoing and in doing so acquitting the guilty at the expense
of the innocent

Alonzo v IAC
- Five brothers
- Unaware? NOT

Berces vs Executive Secretary (Implied repeals)

- “All general and special laws, acts, city charters, decrees, executive orders,
administrative regulations, part or parts thereof, which are inconsistent with any of the
provisions of this code are hereby repealed or modified accordingly” Express repealed??
NO!
- Not express repeal because it failed to identify or designate the laws that are intended to
be repealed.
Mecano vs COA
- Implied repeal did not took place because it was intended to be enacted together
- Reconciled

Paras v Comelec (Ineffectiveness)

- Recall
- It is a rule in statutory construction that every part must be considered together with the
other parts and kept subservient to the general intent of the whole enactment
- The legislature intended to enact an effective law and legislature it not presumed to have
done a vain thing in the enactment of a statute.

CIR v ESSO ( Absurdity)

- Deficiency tax
- The government had the obligation to return the deficiency tax to Esso
- Literal interpretation is to be rejected if it would be unjust or lead to absurd results.

URSUA v CA
- Anti Alias Law
- Where a literal meaning would lead to absurdity, contradiction, injustice or would defeat
the clear purpose of the law, court may consider spirit and reason of statute.

INTRINSIC AND EXTRINSIC

Eugenio v Drilon (Intrinsic)

- Delta village
- Complaints for non development
- Preamble

People v Enchavez
- Squatting
- Also applies to agricultural lands?
- No. Preamble states only in urban areas

Commissioner of Customs vs ESSO (Extrinsic)

- Special import tax

Vera v Cuevas
- Skimmed milk is different from filled milk
- Legislative deliberation

De villa v CA
 - BP 22
- Legislative deliberation said that also dollars

NAPOLCOM v Salvador De Guzman

- The court does not in any manner give undue preferential treatment in favor of the other
group. On the contrary, the court is merely giving life to the real intent of the
LEGISLATORS BASED ON THE DELIBERATION of the Bicameral Conference
- PNP and NAPOLCOM retiree

Strict and Liberal Construction and interpretation of statutes

Centeno v Villalon(PENAL)
- Charitable purpose same as religious purpose. Because strictly in favor of the accused

URSUA vs CA
- NOT FOR BUSINESS PURPOSES IS THE ALIAS
- ALIAS NOT COVERED BY THE ANTI ALIAS LAW

PEOPLE of PH v LADJAALAM
- Not applicable because ladjaalam committed attempted homicide

IAC v PASTOR
- Deficiency tax
- They have already paid almost the equivalent amount