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Cardinal Rules of Construction

Legislative Intent, how ascertained


- The vital part, the essence of the law
- The intent of the legislature is the law, and the key to, and the controlling factor in, its construction or
interpretation,
- Intent is the spirit which gives life to legislative enactment
Where stature is susceptible of more than one construction, that construction should be adopted which will most
tend to give effect to the manifest intent of the legislature.

What is legislative intent?


The term “intent” includes two concepts, that of purpose and that of meaning.
It has been held, however, that the ascertainment of legislative intent depends more on a determination of
the purpose and object of the law. Intent is sometimes equated with the word “spirit.”

Liberal Construction, defined and applied


- Is that construction which expands the meaning of a statute to meet cases which are clearly within the
spirit or reason thereof or written the evil which the statute was designed to remedy, or which gives a
statute its generally accepted meaning to the end that the most comprehensive application thereof may
be accorded, without being inconsistent with its language or doing violence to any of its terms.
- Words should receive a fair and reasonable interpretation, so as to attain the intent, spirit and
purpose of the law.

Application
When a statute is ambiguous and capable of more than one construction, the statute will be given a
liberal interpretation so as to save the statute from obliteration.
By liberal construction, the court from the language used, the subject matter, and the purpose of the legislature
will be able to find out the true meaning of the statute.
Liberal construction is a legitimate exercise of judicial power.

Strict Construction
- Is that construction according to the letter of a statue, which recognizes nothing that is not expressed,
takes the language used in its meaning, and admits no equitable consideration.
- That the scope of a statute shall not be extended or enlarged by implication, intendment, or equitable
consideration beyond that literal meaning of its terms.
- Close and conservative adherence to the literal or textual interpretations.
Statutes in derogation of rights
- Rights are not absolute, and the State, in the exercise of its police power, may enact legislations
curtailing or restricting their enjoyment
- they are generally strictly construed and rigidly confined to cases clearly within their scope or purpose
- statutes in derogation of common or general rights, and are accordingly construed strictly.
Statutes prescribing formalities of wills
- are strictly construed
- this means that a will must be executed in accordance with the statutory requirements, otherwise it is
entirely void. And the court can neither suspend nor dispense with such requirements
- the court is seeking to ascertain and apply the intent of the legislators and not that of the testator, and the
latter’s intention is frequently defeated by the non-observance of what the statute requires.

[G.R. No. L-14322. February 25, 1960.]


In the matter of the TESTATE ESTATE of PETRONILA TAMPOY ,
deceased, vs. DIOSDADA ALBERASTINE, petitioner and appellant.

Where a will consist of two pages and the last page had been duly signed by the testatrix and the three testimonial
witnesses who also signed the first page but the testatrix failed to sign the left margin of the first page, Held: that the will
was not executed in accordance with law. Section 618 of Act 190, as amended, requires that the testator sign the will and
each and every page thereof in the presence of the testator and of each other, which requirement should be expressed in
the attestation clause. This requirement is mandatory, for failure to comply with it is fatal to the validity of the will
(Rodriguez vs. Alcala, 55 Phil., 150). It has been held that "statutes prescribing the formalities to be observed in the
execution of wills are very strictly construed.

Naturalization Laws, construction


- strictly construed against an applicant for citizenship and rigidly followed and enforced. The reason is
that the right of an alien to become a citizen by naturalization is a statutory rather than a natural one, and
it does not become vested until he files a petition and established by competent and satisfactory evidence
that he has all the qualifications and none of the disqualifications specified by law.
- Doubt is resolved against the applicant, and his petition for naturalization is denied.
Statutes authorizing expropriations
- The power of eminent domain is especially legislative in nature
- The legislature may not, however, exercise such power by enacting a law directly expropriating a
particular land and fixing the amount of just compensation thereof. It may delegate the power, by law,
subject to hearing as to just compensation, to the President, LGUs, or a public utility company
- These statutes are strictly construed against the expropriating authority and liberally in favor of property
owners. The reason is that the “exercise of the right to eminent domain, whether by the State, or by its
authorized agents, is necessarily in derogation of private rights, and the rule in that case is that the
authority must be strictly construed.
- No specie of property is held by individuals with greater tenacity, and none is guarded by the
constitution and laws more sedulously, than the right to freehold of inhabitants.
- When the legislature interferes with that right, and, for greater purposes, expropriates the land of an
individual without the consent, the plain meaning of the law should not be enlarged by doubtful
interpretations.”

Statutes granting rights


- Have in many instances created a special privileges or monopolies for the grantees and have thus been
viewed with such suspicion and strictly construed.
- This is altogether appropriate in a majority of situations, for if public advantage is gained by the grant, it
narrowly appears to be of secondary significance compared with the advantage gained by the grantee.
- Privilegia recipient largam interpretationem voluntati consonam concedentis, or privileges are to be
interpreted in accordance with the will if him who grants them. And he who fails to strictly comply with
the will of the grantor loses such privileges.
Where an entity is granted legislative franchise to operate electric light and power, on condition
that it should start operation within a specified period, its failure to start operation within the
period resulted in the forfeiture of the franchise.
- For rights or privileges which exist only be virtue of statutes come into being only after strict
compliance with all the conditions found in the statutes.

FEDERATION OF FREE FARMERS v CA, G.R. No. 41161, September 10, 1981

Tax Laws, how construed


- Must be construed strictly against the government and liberally in favor of the taxpayer.
- The power to tax is an incident of sovereignty and is unlimited in its range, acknowledging in its very
nature no limits, so that security against its abuse it to be found only in the responsibility of the
legislature which imposed the tax on the constituency who are to pay it.
Where the question is whether a statue subjects a matter, property, or person to tax, the statute is
to be construed strictly against the subjection to tax liability, and it will not be construed as
imposing a tax unless it does so clearly, expressly and unambiguously.
The general rule or requiring adherence to the letter in construing statutes applies with peculiar
strictness to tax laws and the provisions of taxing act are not to be extended by implication.
In case of doubt, tax statutes are to be construed most strongly against the government and in
favor of the subjects or citizens because the burdens are not to be imposed nor presumed to e
imposed beyond what statures expressly and clearly import.
– strictly construed against the taxpayer, and if not expressly mentioned in the law must be within its
purview by clear legislative intent
Exceptions:
Tolentino V Secretary of Finance
If the press is now required to pay a value-added tax on its transactions, it is not because it is being singled out,
much less targeted, for special treatment but only because of the removal of the exemption previously granted to
it by law. The withdrawal of exemption is all that is involved in these cases. Other transactions, likewise
previously granted exemption, have been delisted as part of the scheme to expand the base and the scope of the
VAT system. The law would perhaps be open to the charge of discriminatory treatment if the only privilege
withdrawn had been that granted to the press. But that is not the case.
Election Laws on conduct on Election
- The provisions of election laws governing the conduct of elections and prescribing the steps elections
officials are required to do in connection therewith are mandatory before the elections
- It has been held that the provisions of the election law as to the conduct of the elections are mandatory
of enforcement is sought before election in a direct proceeding for that purpose; but after election, all
should be held directory only, in support of the result, unless a character to affect an obstruction to the
free and intelligent casting of votes, or to the ascertainment of the result, or unless the provision affects
an essential element of election
Or unless the provisions it is expressly declared by the statute that the particular act is essential
to the validity of an election, or that its omission shall render it void
Election laws on qualification and disqualification
- The rule is that election laws are mandatory before but not after the elections applies only to those
provisions which are procedural in nature affecting the conduct of the elections as well as to those which
require elections officials to do or preserve certain acts, the purpose of such construction being to
preserve the sanctity of the ballot and carry out the will of the electorate
- The rule does not apply to provisions of the election laws prescribing the time limits to file certificates
of candidacy and the qualifications and disqualifications to elective office. These provisions are
considered mandatory even after the elections.
Thus, where a candidate filed his certificate of candidacy beyond the period required by law, he
is disqualified to run for the office as his certificate is void.
Where a candidate, by law, is disqualified, the circumstance that he received the highest number
of votes does not qualify him for the office, not dies it validate his election. If the petition for the
petition for his disqualification is filed before the election but finally resolved against him
thereafter, in consequence of which he was allowed to continue with his candidacy and to ne
voted, the votes cast in his favor are considered void and he shall be ousted from office.

Prospective and Retrospective Interpretation, distinction

Prospective and Retrospective Interpretation and Construction


Retrospective Prospective
Interpretation and Interpretation and
Construction Construction

* Holds the statute to * Limits the


be applicable to or operation of a statute
governing to such facts and
transactions or state causes arising after
of facts wholly its enactments
completed prior its
enactment

* theretofore, * hereafter, thereafter


heretofore

Prospective and retrospective Interpretation, how determined

• Statutes are prospectively construed unless retroactive operation is clearly shown in the language used
• Statutes have no retroactive effect unless otherwise provided therein
• Laws which have retroactive application – Penal laws, provided in Article 22 of the RPC, curative laws

Remedial statutes or statutes relating to remedies or modes of procedure, which do not create new or
take away vested rights, but only operate in furtherance of the remedy or confirmation of rights already
existing, do not come within the legal conception of a retroactive law, or the general rule against
retroactive operation of statutes. Statutes regulating the procedure of the courts will be construed as
applicable to actions pending and undetermined at the time of their passage. Procedural laws are
retroactive in that sense and to that extent.
- Resident Marine Mammals and Stewards V Reyes, GR 180771, April 21, 2015
PARTICULAR RULES OF CONSTRUCTION

Verba legis (plain meaning rule)


- Where the statute is clear, plain and free form ambiguity, it must be given its literal meaning and applied
without interpretation.
- Derived from the maxim index animi sermo est (speech is the index of intention) rest on the valid
presumption that the words employed by the legislature I a statute correctly express its intention or will
and preclude the court from construing it differently
- The legislature is presumed to know the meaning of the words, to have used words advisedly, and to
have expressed its intent by use of such words as are found in the statute

Dura Lex Sex Lex


- A statute, being the will of the legislature, should be applied in exactly the way the legislature has
expressed itself clearly in the law. The clear, unambiguous and unequivocal language of a statute
precludes the court from construing it and gives it no discretion but to apply the law.
- “The law is harsh but it is the law.” This principle is expressed in the legal maxim dura lex sed lex
- A decent regard to the legislative will should inhibit the court from engaging in judicial legislation to
change what it thinks are unrealistic statutes that do not conform with ordinary experience or practice.
Nor may the duty of the court in interpreting a statute which is ambiguous is not to dispute its wisdom;
the duty of the court is limited to inquiring into the legislative intent and, once this is determined, to
making said intent effective.

Ratio legis
- The principle states that a thing which is within the intention of the stature is as much within the statute
as if it were within the letter, and a thing which is within the letter of the statute is not within the statute
unless it be within the intention of the lawmaker, and the statute should be so construed as to effectuate
its intent or purpose, advance the remedy or suppress the mischief contemplated by the framers.
- Interpretation according to the spirit or reason of the law

Mens legislatoris – considering the intention of the law maker; Courts look into the object to be accomplished,
the evils and mischiefs to be remedied, or the purpose to be subserved

Ejusdem Generis (of the same kind or specie)


- Where 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 to be held as
applying to only persons or things of the same kind or class as those specifically mentioned.
- The purpose of the rule of ejusdem generis is to give effect to both the particular and general
words, by treating the particular words as indicating the class and the general words as indicating
all that are embraced in said class, although not specifically named by the particular words.
This is justified on the ground that if the lawmaking body intended the general terms to be used
in their restricted sense, it would not have made an enumeration of particular subjects but would
have used only general terms.

Reddendo Singula Singulis


- “referring to each other; referring to each phrase or expression to its appropriate object, or let each be
put in its proper place, that is, the words should be taken distributively.”
- it requires that antecedents and consequences should be read distributively to the effect that each word
is to be applied to the subject to which it appears by context most appropriately related and to which it
is most applicable

Francisco, Jr. v HR
During the oral arguments before this Court, Father Bernas clari􀀼ed that the word
"initiate," appearing in the constitutional provision on impeachment, viz:

Section 3 (1).The House of Representatives shall have the exclusive power


to initiate all cases of impeachment.
xxx xxx xxx
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year, (Emphasis supplied)
refers to two objects, "impeachment case" and "impeachment proceeding."
Father Bernas explains that in these two provisions, the common verb is "to initiate." The object in the
first sentence is "impeachment case." The object in the second sentence is "impeachment proceeding." Following
the principle of reddendo singuala sinuilis, the term "cases" must be distinguished from the term "proceedings."
Distribution of antecedent and consequent

Aratea v COMELEC, GR 195229, October 9, 2012

Art. 32. Effects of the penalties of perpetual or temporary special disqualification for the
exercise of the right of suffrage. — The perpetual or temporary special disqualification for
the exercise of the right of suffrage shall deprive the offender perpetually or during the term
of the sentence, according to the nature of said penalty, of the right to vote in any popular
election for any public office or to be elected to such office. Moreover, the offender shall not
be permitted to hold any public office during the period of disqualification.

Doctrine of Collocation
- While the collocation of words and phrases in a statute is sometimes an aid in the construction thereof,
faulty collocation will not vitiate a statute where meaning can be clearly discovered. A transposition of words
may be resorted to when the sentence of clause is without meaning as it stands.
- Also reddendo singular singulis

Expressio units est exclusio alterius


- that the express mention of one person, thing or consequence implies the exclusion of all others.
- It is formulated in a number of ways:
a. What is expressed puts an end to that which is implied – where a statute, by its terms, is expressly
limited to certain matters, it may not, by interpretation or construction, be extended to other matters.
b. a thing not being excepted must be regarded as coming within the purview of the general rule
- this rule and its variation are cannons of restrictive interpretation. They are based on the rules of logic
and the natural of workings of the human mind.
- They are predicated upon one’s own voluntary act and not upon that of others. They proceed from the
premise that the legislature would not have made specified enumerations in a statute had the intention
been not to restrict its meaning and confine its terms to those expressly mentioned. They are opposite the
doctrine of necessary implication.

Read Calderon V Carale, GR 91636, April 23, 1992 (fuck you, belle!)

Noscitur a sociis
- States that where a particular word or phrase is ambiguous in itself or is equally susceptible of various
meanings, its correct construction may be made clear ad specific by considering the company of words
in which it is found or with which it is associated.
- Where a particular word is obscure or of doubtful meaning, taken by itself, the obscurity or doubt may
be removed by reference to the meaning of associated or companion words. And where the law does not
define a word used therein, it will be construed as having a meaning similar to that of words associated
with or accompanied by it.

The word "perpetually" and the phrase "during the term of the sentence" should be applied
distributively to their respective antecedents; thus, the word "perpetually" refers to the
perpetual kind of special disqualification, while the phrase "during the term of the sentence"
refers to the temporary special disqualification. The duration between the perpetual and the
temporary (both special) are necessarily different because the provision, instead of merging
their durations into one period, states that such duration is "according to the nature of said
penalty" — which means according to whether the penalty is the perpetual or the temporary
special disqualification.
Causus omissus
- A person, object or thing omitted from an enumeration must be held to have been omitted intentionally.
- Operates and applies only if and when the omission has been clearly established, and in such a case what
is omitted in the enumeration may not, by construction, be included therein.

Read Chavez v JBC

INTRINSIC AIDS IN CONSTRUCTION

Intrinsic Aids,
Apart from the language of the constitution as the primary and intrinsic aid of constitutional construction, courts
likewise resort to such extraneous aids as the history of realities existing at the time of the adoption of the
constitution, proceedings of the convention, changes in phraseology, prior laws and judicial decisions,
contemporaneous construction, and consequences of alternative interpretations, to shed light on and ascertain the
true intent or purpose of the provision being construed.

Those aids taken from the statute itself in determining the meaning and the intention of the legislature, its
context, language, title, preamble ant the like.
 The context or language surrounding or accompanying the sections, clauses and provisions, as well
as the particular words or phrases employed.
SWS & Pulse Asia v COMELEC
Matibag V Benipayo

 Punctuations - Punctuation marks are NOT allowed to control, enlarge or restrict the plain and
evident meaning of the legislature as disclosed by the language employed, and if there is no
doubt as to the meaning except that arising from erroneous or defective punctuation, the
courts will disregard the punctuation and read the statute as in correctly punctuated. And if
the statute is open to two constructions and there is nothing to show which one was intended by the
legislature, except the punctuation, and if the punctuation would support one of such constructions
but would be inconsistent with the other; the punctuation will govern.
 Period
 Hyphen

Extrinsic Aid in Construction


Extrinsic Aids – those extraneous facts, circumstances and means of explanation, resorted
to for the purpose of determining the legislative intent.
- Supreme Court needs to exhaust intrinsic aids before resorting to extrinsic aids but this is upon their
discretion
- For EAs, debates and deliberations are the last resorts

Contemporaneous circumstances –

Legislative history – steps towards the enactment of the law, e.g. sponsorship speech
Ejercito v COMELEC - comp
When the intent of the law is not apparent as worded, or when the application of the law would lead to
absurdity, impossibility or injustice, extrinsic aids of statutory construction may be resorted to such as the
legislative history of the law for the purpose of solving doubt, and that courts may take judicial notice of the origin
and history of the law, the deliberations during the enactment, as well as prior laws on the same subject matter in
order to ascertain the true intent or spirit of the law.

President’s Message to the Legislature – SONA: proposal of priority bills and its reasons, doesn’t constitute
violation of separation of powers since its is a valid exercise of blending of powers (co-equal, independent,
coordinate)

Explanatory Note
Federation of Farmers V CA
- An explanatory note as to 'The necessity for increasing the share of the planters and the laborers in the
income derive from the sugar industry for its stabilization…
-
Reports and recommendations of legislative committees
Legislative debates, views and deliberations
Poe v COMELEC
Public Policy - It is presumed that the legislature have intended its enactment to accord with the principles of
sound public policy and the interests of public morality and not to violate them

Construction by executive officers - Is the construction placed upon the statute by an executive or
administrative officer.
- The first to construe is the president; president’s construction is not binding but valid

Construction of Words and Phrases


GR: The words and phrases used in a statute should be given the meaning intended by the legislature
- When language is plain and unambiguous and conveys a clear and definite meaning, there is no occasion
for resorting to rules of statutory construction, the statute must be given its plain and obvious meaning
- The language of the statute must be read in its natural and most obvious import resorting to subtle and
forced construction
Shall – imperative, operating a duty which may be enforced
May - when used in a statute is permissive only and operates to confer discretion
May not –
Special or technical meaning –
Exception
Asiatic Petroleum Co. v Collector
Conjunctive And
Microsoft Corp. v Manansala
Disjunctive Or - term signifying dissociation from each other things enumerated unless the context requires a
different interpretation; indicating an alternative
SWS & Pulse Asia v COMELEC
Conjunctive and and disjunctive or
Exception
Microsoft Corp. v Manansala
The CA erred in its reading and interpretation of Section 5 of Presidential Decree No. 49. Under the rules on
syntax, the conjunctive word "and" denotes a "joinder or union" of words, phrases, or clause; it is different from
the disjunctive word "or" that signals disassociation or independence. However, a more important rule of statutory
construction dictates that laws should be construed in a manner that avoids absurdity or unreasonableness. As the
Court pointed out in Automotive Parts & Equipment Company, Inc. v. Lingad

All, any, every – whether used in its universal or comprehensive sense or merely as a general term depends
upon the demands of sound reason
- a restrictive interpretation
- word of inclusion
-
Gatchalian v COMELEC
“any election” referring to elections, even election to the constitutional commission
Etcetera
Grammar
Punctuation - Not allowed to control, enlarge or restrict the plain and evident meaning of the legislators
as disclosed by the language employed
- If there is no doubt as to the meaning except that arising from erroneous or defective punctuation, the
courts will disregard the punctuation and read the statute as in correctly punctuated
- If statute is open to two constructions and there is nothing to show which one was intended by the
legislature, except the punctuation, and if the punctuation would support one of such constructions but
would be inconsistent with the other, the punctuation will govern
Moreno v COMELEC
Tense
Gender
Name
Gatchalian v COMELEC
Chavez v JBC
Inaccuracies, inadvertence or clerical errors
Chavez v JBC
Foreign Language

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