UNIVERSITY OF SANTO TOMAS C.

PURPOSE & OBJECTIVES OF CONSTRUCTION

FACULTY OF CIVIL LAW
STATUTORY CONSTRUCTION
ATTY. ARSENIK PAGADUAN
I. PRELIMINARY CONSIDERATIONS
D. SITUS OF CONSTRUCTION AND INTERPRETATION
A. DEFINITION OF STATUTORY CONSTRUCTION
In our system of government:
CONSTRUCTION
- 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 E. REQUISITES BEFORE THE COURTS CAN INTERPRET
not within the letter of the text
- It is an art because there is no fixed way of doing it
- Used to resolve legal controversies
- Rules and canons of Statutory Construction is not
always a law per se
1. Cardinal Rule in Interpretation: to ascertain, give
effect to the intent of the law
2. Determine legislative intent, what intention is
conveyed, whether expressly or impliedly
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

B. STATUTORY CONSTRUCTION DISTINGUISHED F. DEFINITION OF AMBIGUITY

FROM STATUTORY INTERPRETATION
- Abello v. Commissioner of Internal Revenue (G.R.
No. 120721; 23 February 2005)
Statutory Construction Interpretation

- Process of - The art of G. AMBIGUITY DISTINGUISHED FROM VAGUENESS

drawing finding the
warranted true Vagueness
conclusions meaning - Stated in a way that is general and not specific
respecting and sense - Vague if it has borderline cases
subjects that lie of any form
- Ubiquitous in the law, and frequently legal actors
beyond the direct of words
(courts and others who apply the law) must resolve
expressions or
determining the the borderline cases
application of - Lacks clear and specific meaning
words to facts in - Normally intentional in the part of legislation
litigations
AMBIGUITY

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

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 - Condition of admitting two or more meaning or - Situation where facts do not precisely fall within
reasonable explanation, of being understood in more the language of a statute but do so if the provision
than one way, or of referring to two or more things at is stretched
the same time
Ex​​: a. Open Terms
- The word ​‘cool’ has multiple possible - Form of Lexical Ambiguity
meanings - Some items are so vague, wide and
1. Social attractiveness subjective that they effectively cofer a
“He’s a cool dude!” discretion on a court
2. Cold
​“Mojito is a cool drink.” ​b. Partial Satisfaction
“Bring me a cool drink.” - Form of Lexical Ambiguity
- Sometimes a fact partially satisfies
H. ANALYZING AMBIGUITY AND THE DIFFERENT KINDS the expressed or assumed
OF AMBIGUITY requirements of a term

Chapter 25, Legal Reasoning (2011), Christopher Enright c. ​Implied Extension and Implied
Qualification
DIFFERENT KINDS OF AMBIGUITY - Can be explained as a statute’s
having a central meaning, an umbra
1. LEXICAL AMBIGUITY that its uncontentious, and a
- Ambiguity within words themselves possible or arguable wider meaning,
Ex​​: a penumbra that is contentious
“She owned hundreds of bats.”
1. Implied Qualification
2. RELATIONAL AMBIGUITY - Narrows the scope of a provision by
- Syntactic or grammatical ambiguity lessening the area that it covers
- Structure of sentences
Ex​​: 2. Implied Extension
“John enjoys painting his models nude.” - Extends the scope of a provision by
extending the area that it covers
3. IMPLICATION ​d.
- There is an implication from the text that the words
might be read either more widely or more narrowly I. VOID FOR VAGUENESS DOCTRINE
than their ordinary meaning
- Raises the question of whether the text should or - Lagman v. Medialdea (G.R. No. 231658; 04 July
should not be read as subject to the implication 2017)

4. COMPETING VERSIONS OF A RULE Void for Vagueness Doctrine

- Occurs only with common law
- Arise when (example), one judge frames a rule
with one set of words while another judge frames
the rule with another set of words similar but not
identical with the first
- 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
J. JUDICIAL LEGISLATION

5. CONFLICT BETWEEN RULES “No judge or court shall decline to render judgment by
- One rule regulates a situation in a way while a reason of the silence, obscurity or insufficiency of the laws.”
second rule regulates the situation another way (Article 9, Civil Code of the Philippines)
​Ex​​:
Case of Jaywalking - Article 9, Civil Code
First fine: PhP300 - Fetalino v. Comelec (G.R. No. 191890; 04
Second fine: PhP500 December 2012)
- Silverio v. Republic (G.R. No. 174689; 22 October
SPECIAL CASES 2007)

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

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 - Rural Bank of San Miguel v. Monetary Board (G.R. II. STATUTES
No. 150886; 16 February 2007)
- Reyes v. Lim (G.R. No. 134241; 11 August 2003) A. KINDS OF STATUTES
- Floresca v. Philex Mining Corporation (G.R. No.
30642; 30 April 1985) 1. AS TO SCOPE OF APPLICATION
- Republic v. Orbecido (G.R. No. 154380; 05 October
2005) a. General
- One which affects all of the people of the
● To declare what the law shall be is a legislative State or all persons or things of a particular
power, but to declare what the law is or has been, is class
judicial. However, the courts “do and must legislate”
to fill in the gaps in the law. The Court decided to go b. Special
beyond merely ruling on the facts of the existing law - One which relates either to particular
and jurisprudence. (Floresca v. Philex Mining; persons or things of a class or which
Republic v. CA and Molina) operates on a portion of a class instead of
all the classes

K. STARE DECISIS c. Local

- One which operates over a particular locality
STARE DECISIS instead of over the whole territory of the
State.
- A doctrine or policy of following rules or principles
2. AS TO INTERESTED PARTIES
laid down in previous judicial decisions, unless they
contravene ordinary principles of justice
a. Public
- There must be a substantial similarity in the cases
- One which concerns the interests of the
1. Factis Critical
public at large.
- If related to a cause of action
- iIt need not be a universal rule, in the sense
- Previous case is on point
that it applies to the entire territory or to all
2. ​Identical
the people.
- Case is squarely applicable
- It is enough that it concerns the public and
not merely a private interest, although it is
2 KINDS OF STARE DECISIS
local or special.
1​​. ​VERTICAL STARE DECISIS
b. Private
- One which relates to concerns and
- Deals with the duty of lower courts to apply the
affects particular individual; private
decisions of the higher courts to cases involving the
acts which specially enumerate by
same facts
name the person, political
subdivision, or classes of persons
2​​. ​HORIZONTAL STARE DECISIS
affected in a special manner.
- Requires that high courts must follow its own
3. AS TO EFFECT IN TIME
precedents

a. Prospective
a. Constitutional Stare Decisis
- One which anticipates the regulation
- Involves judicial interpretations of the
of future conduct and operates upon
Constitution
acts done and transactions
​b​. Statutory Stare Decisis
occurring after it takes effect.
- Involves interpretations of statutes.

b. Retrospective
- One that affects already committed
and operated on transactions
completed. It is intended to affect
rights which accrued before it
Compiled by Imong Mama (A.Y. 2018-2019)
Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 became operative, and ascribes to
their effects not inherent as their
nature considering the law in force
at the time they accrued.
4. AS TO PURPOSE
a. Remedial
- Statutes which affect a remedy or
improve or facilitate existing
remedies for the enforcement of
rights and of redress of injuries.
- They include statutes for the
correction of defects, mistakes, and
omissions in the civil institutions and
administration of the state.
b. Penal
- Those statutes which impose a
punishment for the violations of its
provisions.
- These statutes generally decline
certain acts or omissions to be
offenses against the state and
imposes penalties thereon.
c. Curative
- Those which are enacted to cure
defects in a prior law or which
validate legal proceedings,
instruments, or acts of public
authorities which without such
statutes would otherwise be void for
want of conformity with certain
existing legal requirements.
5. AS TO COERCIVE FORCE APPLIED
a. Mandatory
- A statute is mandatory if
non-compliance therewith renders
the proceedings to which it relates
null and void.
b. Directory
- A statute or any of its provisions is
directory if non-compliance
therewith does not invalidate the
proceedings to which it relates
6. AS TO PERIOD OF EFFECTIVITY
a. Permanent
- One whose operation or activity is
not limited to some particular term
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.
2. PREAMBLE
- Part of statute explaining the
reasons for its enactment and the
Compiled by Imong Mama (A.Y. 2018-2019)
Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 objects sought to be accomplished. STATUTORY ANALYSIS
Usually, it starts with “whereas.”
- The interpretation and application of
3. ENACTING CLAUSE statutory law
- The process of determining whether a
- Part of statute which declares its statute applies to a specific fact situation,
enactment and serves to identify it how it applies, and the effect of that
as an act of legislation proceeding application
from the proper legislative authority.
- “Be enacted” is the usual formula ● When addressing a legal problem or issue
used to start this clause. governed by statutory law, it is
recommended that the three-step approach
4. BODY be followed.

- The main and operative part of the 1. DETERMINE WHETHER THE STATUTE
statute containing its substantive APPLIES
and even procedural provisions.
- Provisions and exceptions may also a. Locate all possible applicable statutes
be found. b. Determine which statutes apply

5. REPEALING CLAUSE 2. ANALYZE THE STATUTE

- Announces the prior statutes or a. Read the statute

specific provisions which have been b. Identify the statutory elements ​-- what
abrogated by reason of the does the statute specifically declare, require,
enactment of the new law. or prohibit

6. SAVING CLAUSE 3. APPLY THE STATUTE TO THE LEGAL

PROBLEM OR ISSUE
- Restriction in a repealing act, which
is intended to save rights, pending a. Chat Format
proceedings, penalties, etc. from the b. Narrative Format
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

See Chart of the Legislative Process posted at the

Official Gazette website.

C. STATUTORY ANALYSIS

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

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 III. PLAIN MEANING RULE/LITERAL IV. LINGUISTIC CANONS OF INTERPRETATION
RULE/VERBA LEGIS
See Statutory Construction by Ruben Agpalo (pp.
PLAIN MEANING 302-336)

- The most basic type of legal argument is A. WHOLE ACT RULE

one that is based upon the “plain meaning” B. EJUSDEM GENERIS
of legal text C. NOSCITUR A SOCIIS
- The law is simply what the words of the D. EXPRESSIO UNIUS EST EXCLUSIO
constitution, statute, regulation, or ordinance ALTERIUS
mean E. CASUS OMISUS

THREE SOURCES OF PLAIN MEANING RULE

1. Lay Usage
2. Dictionary Definitions
3. “Terms of Art”
- Words that have a specialized
meaning in the law
4. Definitional Sections of Statutes

● If plain meaning rule would lead to absurd

results, then you do not uphold the plain
meaning rule

ABSURD RESULTS
- Unjust consequences
- Contrary to the intention of the legislature

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

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