UNIVERSITY OF SANTO TOMAS C.

PURPOSE & OBJECTIVES OF CONSTRUCTION

FACULTY OF CIVIL LAW
1. Cardinal Rule in Interpretation: to ascertain, give
STATUTORY CONSTRUCTION effect to the intent of the law
ATTY. ARSENIK PAGADUAN 2. Determine legislative intent, what intention is
conveyed, whether expressly or impliedly
I. PRELIMINARY CONSIDERATIONS

A. DEFINITION OF STATUTORY CONSTRUCTION D. SITUS OF CONSTRUCTION AND INTERPRETATION

CONSTRUCTION In our system of government:

- Analyze the arrangement and construction of
words
- Understand or explain the sense or intention of
words usually in a particular way or with respect to
a given set of circumstances
STATUTORY CONSTRUCTION
- Process of determining what a particular statute
means so that a court may apply it accurately
- The art or process of discerning 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 a given case is
not explicitly provided in the law
- Drawing of warranted conclusions respecting
subjects that lie beyond the direct expressions of
the text, conclusions which are in the spirit, though
not within the letter of the text
- It is an art because there is no fixed way of doing it E. REQUISITES BEFORE THE COURTS CAN INTERPRET
- Used to resolve legal controversies
- Rules and canons of Statutory Construction is not
always a law per se
B. STATUTORY CONSTRUCTION DISTINGUISHED
FROM STATUTORY INTERPRETATION
1. Legislative Power is vested in the Congress of the
Philippines
2. Executive Power is vested in the President of the
Philippines
3. Judicial Power is vested in the Supreme Court and
the lower courts
- Supreme Court and the lower courts
interpret the law
- Have the power to construe and interpret
written laws
- The interpretation of the Supreme Court is
final and executory and has a binding effect
- Courts of Justice settle controversies
involving rights that are legally demandable
and enforceable, and to determine whether
or not there is a grave abuse of discretion
amounting to lack or excess of jurisdiction at
any branch or instrumentality of the
government
AND/OR CONSTRUE THE LAW
1. There must be an actual case
2. There must be an ambiguity or vagueness in the law
involved in the controversy

F. DEFINITION OF AMBIGUITY
Statutory Construction Interpretation

- Process of - The art of - Abello v. Commissioner of Internal Revenue (G.R.

drawing finding the No. 120721; 23 February 2005)
warranted true
conclusions meaning
respecting and sense G. AMBIGUITY DISTINGUISHED FROM VAGUENESS
subjects that lie of any form
beyond the direct of words
Vagueness
expressions or
determining the - Stated in a way that is general and not specific
application of - Vague if it has borderline cases
words to facts in - Ubiquitous in the law, and frequently legal actors
litigations (courts and others who apply the law) must resolve
the borderline cases

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 - Lacks clear and specific meaning
- Normally intentional in the part of legislation
AMBIGUITY
- Condition of admitting two or more meaning or
reasonable explanation, of being understood in more
than one way, or of referring to two or more things at
the same time
Ex​​:
- The word ​‘cool’ has multiple possible
meanings
1. Social attractiveness
“He’s a cool dude!”
2. Cold
​“Mojito is a cool drink.”
“Bring me a cool drink.”
H. ANALYZING AMBIGUITY AND THE DIFFERENT KINDS
OF AMBIGUITY
Chapter 25, Legal Reasoning (2011), Christopher Enright
DIFFERENT KINDS OF AMBIGUITY
1. LEXICAL AMBIGUITY
- Ambiguity within words themselves
Ex​​:
“She owned hundreds of bats.”
2. RELATIONAL AMBIGUITY
- Syntactic or grammatical ambiguity
- Structure of sentences
Ex​​:
“John enjoys painting his models nude.”
3. IMPLICATION
- There is an implication from the text that the words
might be read either more widely or more narrowly
than their ordinary meaning
- Raises the question of whether the text should or
should not be read as subject to the implication
4. COMPETING VERSIONS OF A RULE
- Occurs only with common law
- Arise when (example), one judge frames a rule Void for Vagueness Doctrine
with one set of words while another judge frames
the rule with another set of words similar but not
identical with the first
5. CONFLICT BETWEEN RULES
- One rule regulates a situation in a way while a
second rule regulates the situation another way
​Ex​​:
Case of Jaywalking
First fine: PhP300
Second fine: PhP500
SPECIAL CASES
- Situation where facts do not precisely fall within
the language of a statute but do so if the provision
is stretched
a. Open Terms
- Form of Lexical Ambiguity
- Some items are so vague, wide and
subjective that they effectively cofer a
discretion on a court
​b. Partial Satisfaction
- Form of Lexical Ambiguity
- Sometimes a fact partially satisfies
the expressed or assumed
requirements of a term
c. ​Implied Extension and Implied
Qualification
- Can be explained as a statute’s
having a central meaning, an umbra
that its uncontentious, and a
possible or arguable wider meaning,
a penumbra that is contentious
1. Implied Qualification
- Narrows the scope of a provision by
lessening the area that it covers
2. Implied Extension
- Extends the scope of a provision by
extending the area that it covers
​d. Scope of Ambiguity
I. VOID FOR VAGUENESS DOCTRINE
- Lagman v. Medialdea (G.R. No. 231658; 04 July
2017)
- Holds that a law is facially invalid if men of common
intelligence must necessarily guess as to its
meaning and differ as to its application
Compiled by Imong Mama (A.Y. 2018-2019)
Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 J. JUDICIAL LEGISLATION K. STARE DECISIS

“No judge or court shall decline to render judgment by Stare decisis et non quieta novere
reason of the silence, obscurity or insufficiency of the - “Let the thind stand”
laws.” (Article 9, Civil Code of the Philippines)
STARE DECISIS
- Article 9, Civil Code
- Fetalino v. Comelec (G.R. No. 191890; 04 - If something is settled by the Court, and there is a
December 2012) similar case in the future, the decision prior to that
- Silverio v. Republic (G.R. No. 174689; 22 October case shall be applied for the sake of fairness and
2007) due process.
- Rural Bank of San Miguel v. Monetary Board (G.R. - A doctrine or policy of following rules or principles
No. 150886; 16 February 2007) laid down in previous judicial decisions, unless
- Reyes v. Lim (G.R. No. 134241; 11 August 2003) they contravene ordinary principles of justice
- Floresca v. Philex Mining Corporation (G.R. No. - There must be a substantial similarity in the cases
30642; 30 April 1985)
- Republic v. Orbecido (G.R. No. 154380; 05 1. Factis Critical
October 2005) - If related to a cause of action
- Previous case is on point
2. ​Identical
JUDICIAL LEGISLATION - Case is squarely applicable

- Refers to a court’s actions that involve filling in the

gaps of laws or overstepping boundaries of the 2 KINDS OF STARE DECISIS
judicial branch of government. It means going
beyond the law to create doctrines and principles 1​​. ​VERTICAL STARE DECISIS
not available previously. - Deals with the duty of lower courts to apply the
- Courts may not enlarge nor restrict statutes since decisions of the higher courts to cases involving the
it would be violative of the separation of powers same facts
➢ Courts are not allowed to insert into the
law what they think should be in it or to 2​​. ​HORIZONTAL STARE DECISIS
supply what they think the legislature - Requires that high courts must follow its own
would have supplied if its intention had precedents
been called to omission. They should not,
by construction, revise even the most a. Constitutional Stare Decisis
arbitrary and unfair action of the - Involves judicial interpretations of the
legislature, nor rewrite the law to conform Constitution
with what they think should be the law ​b​. Statutory Stare Decisis
➢ To do so would be to do violence to the - Involves interpretations of statutes.
language of the law and to invade the
legislative sphere

● To declare what the law shall be is a legislative

power, but to declare what the law is or has been,
is judicial. However, the courts “do and must
legislate” to fill in the gaps in the law. The Court
decided to go beyond merely ruling on the facts of
the existing law and jurisprudence. (Floresca v.
Philex Mining; Republic v. CA and Molina)

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 II. STATUTES considering the law in force at the time
they accrued.
A. KINDS OF STATUTES
4. AS TO PURPOSE
1. AS TO SCOPE OF APPLICATION
a. Remedial
a. General - Statutes which affect a remedy or improve
- One which affects all of the people of the or facilitate existing remedies for the
State or all persons or things of a particular enforcement of rights and of redress of
class injuries.
- They include statutes for the correction of
b. Special defects, mistakes, and omissions in the
- One which relates either to particular civil institutions and administration of the
persons or things of a class or which state.
operates on a portion of a class instead of
all the classes b. Penal
- Those statutes which impose a
c. Local punishment for the violations of its
- One which operates over a particular provisions.
locality instead of over the whole territory - These statutes generally decline
of the State. certain acts or omissions to be
offenses against the state and
2. AS TO INTERESTED PARTIES
imposes penalties thereon.

a. Public
c. Curative
- One which concerns the interests of the
- Those which are enacted to cure
public at large.
defects in a prior law or which
- iIt need not be a universal rule, in the
validate legal proceedings,
sense that it applies to the entire territory
instruments, or acts of public
or to all the people.
authorities which without such
- It is enough that it concerns the public and
statutes would otherwise be void for
not merely a private interest, although it is
want of conformity with certain
local or special.
existing legal requirements.

b. Private
5. AS TO COERCIVE FORCE APPLIED
- One which relates to concerns and affects
particular individual; private acts which
a. Mandatory
specially enumerate by name the person,
- A statute is mandatory if
political subdivision, or classes of persons
non-compliance therewith renders
affected in a special manner.
the proceedings to which it relates
null and void.
3. AS TO EFFECT IN TIME
b. Directory
a. Prospective
- A statute or any of its provisions is
- One which anticipates the regulation of
directory if non-compliance
future conduct and operates upon acts
therewith does not invalidate the
done and transactions occurring after it
proceedings to which it relates
takes effect.
6. AS TO PERIOD OF EFFECTIVITY
b. Retrospective
- One that affects already committed and
a. Permanent
operated on transactions completed. It is
- One whose operation or activity is
intended to affect rights which accrued
not limited to some particular term
before it became operative, and ascribes
to their effects not inherent as their nature
Compiled by Imong Mama (A.Y. 2018-2019)
Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 or period, but continues in force until
repealed or amended.
b. Temporary
- One whose operation or effectivity is
limited to a fixed period or term. It
continues in force up to the
expiration of said period or term,
unless earlier repealed or amended.
7. AS TO STAGE OF ENACTMENT
a. Original
- One which purports to be
independent of existing stratutory
provision.
b. Amendatory
- One which expressly adds or supplements
or works out an improvement in the original
law.
c. Repealing
- One which revokes or terminates another.
d. Adopted
- Those which are adopted wholly or in part
by another state.
e. Re-Enacted
- There are pre-existing statutes which are
passed by the same legislature which
originally enacted them in the same terms or
in substantially the same language and for
the same purpose and object as the original
statute.
PARTS OF A STATUTE
1. TITLE
- The heading on the preliminary part,
furnishing the name by which the
act is individually known.
- It is usually prefixed to the statute in
the brief summary of its contents.
See Chart of the Legislative Process posted on the
2. PREAMBLE
- Part of statute explaining the
reasons for its enactment and the
objects sought to be accomplished.
Usually, it starts with “whereas.”
Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
3. ENACTING CLAUSE
- Part of statute which declares its
enactment and serves to identify it
as an act of legislation proceeding
from the proper legislative authority.
- “Be enacted” is the usual formula
used to start this clause.
4. BODY
- The main and operative part of the
statute containing its substantive
and even procedural provisions.
- Provisions and exceptions may also
be found.
5. REPEALING CLAUSE
- Announces the prior statutes or
specific provisions which have been
abrogated by reason of the
enactment of the new law.
6. SAVING CLAUSE
- Restriction in a repealing act, which
is intended to save rights, pending
proceedings, penalties, etc. from the
annihilation which would result from
an unrestricted repeal.
7. SEPARABILITY CLAUSE
- Provides that in the event that one
or more provisions are
unconstitutional, the remaining
provisions shall still be in force
8. EFFECTIVITY CLAUSE
- Announces the effective date of the
law.
B. HOW STATUTES ARE ENACTED
Official Gazette website.
Compiled by Imong Mama (A.Y. 2018-2019)
 C. STATUTORY ANALYSIS III. PLAIN MEANING RULE/LITERAL
RULE/VERBA LEGIS
STATUTORY ANALYSIS
PLAIN MEANING
- The interpretation and application of
statutory law - The most basic type of legal argument is
- The process of determining whether a one that is based upon the “plain meaning”
statute applies to a specific fact situation, of legal text
how it applies, and the effect of that - The law is simply what the words of the
application constitution, statute, regulation, or ordinance
mean
● When addressing a legal problem or issue
governed by statutory law, it is THREE SOURCES OF PLAIN MEANING RULE
recommended that the three-step approach
be followed. 1. Lay Usage
2. Dictionary Definitions
1. DETERMINE WHETHER THE STATUTE 3. “Terms of Art”
APPLIES - Words that have a specialized
meaning in the law
a. Locate all possible applicable statutes 4. Definitional Sections of Statutes
b. Determine which statutes apply

2. ANALYZE THE STATUTE ● If plain meaning rule would lead to absurd

results, then you do not uphold the plain
a. Read the statute meaning rule
b. Identify the statutory elements ​-- what
does the statute specifically declare, require, ABSURD RESULTS
or prohibit - Unjust consequences
- Contrary to the intention of the legislature
3. APPLY THE STATUTE TO THE LEGAL
PROBLEM OR ISSUE
IV. LINGUISTIC CANONS OF INTERPRETATION
a. Chat Format
b. Narrative Format See Statutory Construction by Ruben Agpalo (pp.
302-336)

A. WHOLE ACT RULE

B. EJUSDEM GENERIS
C. NOSCITUR A SOCIIS
D. EXPRESSIO UNIUS EST EXCLUSIO
ALTERIUS
E. CASUS OMISUS

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan