CONSTRUCTION AND INTERPRETATION

DISTINGUISH CONSTRUCTION from

INTERPRETATION
 CONSTRUCTION

• the drawing of conclusions with

respect to subjects that are beyond
the direct expression of the text
 INTERPRETATION

• process of discovering the true

meaning of the language used
• limited within the four corners of
the written text
 RULES OF CONSTRUCTION

• Rules of statutory construction are

tools used to ascertain or clarify
legislative intent
 RULES OF CONSTRUCTION

• Rules of statutory construction are

tools used to ascertain or clarify
legislative intent
 AIDS
TO
CONSTRUCTION
 AIDS TO CONSTRUCTION

where the meaning of a statute is

ambiguous, the court is warranted in
availing itself of all legitimate aids to
construction in order that it can ascertain
the true intent of the statute 
A. Intrinsic Aids TYPES OF AIDS TO CONSTRUCTION

-those found in the printed page of the statute

itself

B. Extrinsic Aids
- extraneous facts and circumstances outside
the printed page  
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 INTRINSIC AIDS

1. Title of the Statute  
– it carries weight because of the
Constitutional requirement that “every bill
must embrace only one subject which shall
be expressed in the title thereof.”
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 2. Preamble
- states the purpose, reason or justification
for the enactment of the law. It may be
resorted to clarify ambiguity.
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3. Context of whole text

-words, phrases, sentences, sections, provisions which are
taken as a whole and in relation to one another.
Legislative intent should be ascertained from a
consideration of the whole context of the statute and not
from an isolated provision.
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4. Punctuation Marks
- comma, semi-colon, period
- If the punctuation gives the statute a meaning which is
reasonable and in apparent accord with the legislative
will, it may be used as additional argument for adopting
the literal meaning of the words as punctuated.
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5. Capitalization of Letters

6. Headnotes, headings or Epigraphs
- these are prefixed to sections or chapters
of a statute for ready reference or
classification
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7. Lingual text  
• Philippine laws are officially promulgated
either in English, Spanish or Filipino.
• English text shall govern, but in case of
ambiguity, omission or mistake, Spanish may
be consulted to explain the English text
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1. Legislative debates, views and deliberations, except when

the speech or statements have no relevance to the law.
2. Legislative history
3. President’s message to legislature
4. Explanatory notes
5. Reports of commissions
6. Change in phraseology
7. Principles of common law
8. Conditions at the time of enactment
 PRESUMPTIONS
IN AID OF CONSTRUCTION and INTERPRETATION
 Reminder:
Final exam – December 11