STATUTORY CONSTRUCTION

CHAPTER 1

Statutory Construction – act or process of discovering 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 the given case is not explicitly provided in the law

Construction Vs. Interpretation – Both of them aims to ascertain and give effect to the
legislative act intention.

Construction – uses extrinsic aids or those found outside the written language of law.

Interpretation – Uses intrinsic aids or those found in the statute itself

Nota bene: When the law is plain or the words or phrases are not ambiguous and obscure. There is no
room for construction

SUMMARY

 Apply the Law – when the law speaks in clear categorical language
 Interpret the Law – when there is ambiguity in the language of the statute; but the intent of the
legislation is ascertain you can use intrinsic aids.
 Construct the Law – When the intent of the legislature cannot be ascertained. And the statute is
ambiguous. The court should use extrinsic aids.

3 CARDINAL RULES WHEN CONSTITUTION IS SUBJECT TO INTERPRETATION

A. Verba Legis – words used in the constitution must be given their ordinary meaning. AKA Plain
Meaning Rule
B. Ratio Legis Est Anima – in case of ambiguity in the statute it should be interpreted according to
the intent of the framers.
C. Ut Magis Valeat Quam Pereat – the statute must be intended as a whole but if the plain
meaning is not found to be clear. Resort to other aids available.

Who Interprets the Law – Anyone can interpret the law. Their interpretation is not necessarily
conclusive nor can they bind the courts. Hence, in many occasions, the decisions of the regulatory
boards and administrative agencies have been elevated and appealed to the Supreme Court.

the judiciary has the delicate task of ascertaining the significance of a constitutional or statutory
provision, an executive order, a procedural or a municipal ordinance.

Purpose of Interpretation and Construction – They have the same purpose to ascertain and give
effect to the legislative intent.
 When is it NECESSARY to Interpret and Construct?

A. When the language of the statute is Ambiguous, Doubtful, or Obscure, when taken in
relation to a set of facts
B. When reasonable minds disagree as to the meaning of the language used in the statute.

NOTE: It is not necessary to interpret or construct when the law speaks in clear categorical
language. The duty of the court is to apply the law.

Ambiguity – doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an

expression used in a written instrument.

LEGISLATIVE POWER – Authority of Congress to make laws and to alter or repeal them.

2 Kinds of Legislative Power

 Original Legislative Power – This is the power belonging to the sovereign people and this is
supreme.
 Derivative Legislative Power – This is delegated by the sovereign people to the legislative
bodies and it is subordinate to the original power of the people.

JUDICIAL POWER

Traditional concept – The traditional concept of judicial power refers only to the authority to settle
justiciable controversies or disputes involving rights that are enforceable in the courts of justice or the
redress of wrong for violations of such rights.

New Definition – Above mentioned concept, including now the duty of the courts of justice “to
determine whether or not there has been a grave abuses of discretion amounting to lack or excess of
jurisdiction on any part branch or instrumentality of the government”, constitutes totality of judicial
power which is now vested by our Constitution. This is known and referred to as the expanded
jurisdiction of the Supreme Court.

+This sentence has, in effect, expanded the power, authority, and jurisdiction of our
courts of justice, particularly the Supreme Court.
SUPREME COURT – Final Arbiter

EXECUTIVE DEPARTMENT – The executive power shall be vested in the President of the Philippines, who
shall control all executive departments, bureaus and offices.

Note: The President shall also be the Commander-in-Chief of the Armed Forces of the
Philippines.

Note: The President has the residual power to protect the General Welfare of the People
Residual Power - Power borne by the President’s Duty to preserve and defend the Constitution.
- Power implicitly to take care of the laws.
What is Executive Power?
It is the power to enforce and administer the laws. The president shall make sure that laws are
faithfully executed.
The president can determine the validity of law.

3 PRINCIPAL BRANCHES OF GOVERNMENT IN THE ENFORCEMENT AND INTERPRETATION OF LAWS

I. Laws Emanate From the Legislature
II. The Executive Department May Modify or Set Aside the Judgement of the Court.
III. The Legislative Department May Ammend or Revoke the Decisions of the Court.
They can enact a new law or amend an old law in order to attain the
interpretation they desire.

CHAPTER 2
I. USE INTRINSIC AIDS BEFORE RESORTING TO EXTRINSIC AIDS
- INTRINSIC AIDS – Elements found within the Law
- EXTRINSIC AIDS – Facts or matters in found within the Law
- PRESUMPTIONS – Based on Logic or established provision of law.
II. WHAT ARE THE INTRINSIC AIDS?
- Intrinsic Aids are any of the Following: Title, Preamble, Words, Phrases, Sentences
and Context, Punctuation, Headings and Marginal Notes, Legislative Definition and
Interpretation.

 Title – Expresses the subject matter of the law

 Preamble – Part of the statute following the title and preceding the enacting clause,
which states that the reasons or objectives of the enactment.
 Words, Phrases and Sentences, Context – the intention of the legislature must
primarily determined from the language of the statutes and such language consists.
 Punctuations – It is an aid of low degree in interpreting the language of a statute
and can never control against the intelligible meaning of the written word.
 Heaadings and Marginal Notes – If the meaning of the statute is clear or if the text
of the statute is clear, they will prevail as against the headings, especially if the
headings have been prepared by compilers and not by the legislature.
 Legislative Definition and Interpretation – If the legislature has defined the words
used in the statute and has declared the construction to be placed thereon, such
definition or construction should be followed by the courts.
RULES TO BE FOLLOWED:
o If a law provides that in case of doubt it should be construed or
interpreted in a certain manner, the courts should follow such
instructions;
o In case of conflict between the interpretation clauses and the
legislative meaning, as revealed by the statute considered in its
totality, the latter shall prevail;
 o A term is used throughout the statute in the same sense in
which it is first defined;
o Legislative definition of similar terms in other statute may be
resorted to except where a particular law expressly declares
that its definition therein is limited in application to the statutes
in which they appear.

III. What are Extrinsic Aids? They are any of the following: Contemporaneous Circumstances,
Policy, Legislative History of the Statute, Contemporaneous or Practical Construction,
Executive Construction, Legislative Construction, Judicial Construction, and Construction by
the BAR and Legal Commentators.

Nota Bene: Extrinsic Aids can only be resorted to only after the intrinsic aids have been
used and exhausted.

a. Contemporaneous Circumstance - Conditions existing at the time the law was enacted.
Such as:
i. History of the times and conditions existing when the law was enacted;
ii. Previous state of the law;
iii. The evil soughts to be remedied or corrected by the law;
iv. The customs usages of the people.

b. Policy – the general policy of the law or the settled policy of the State may enlighten the
interpreter of the law as to intention of the legislature in enacting the same.

c. Legislative history of the Statute – history that may be found in reports of legislative
committees, in the transcript of stenographic notes taken during hearing, legislative
investigation, or legislative debates.
Note: they are not appropriate aids of construction. But can be used as an
evidence of the purpose of an act

d. Contemporaneous and Practical Construction – Those who lived at or near the time
when the law was passed were more acquainted of the conditions and the reasons why
that law was enacted.

e. Executive Construction – The construction given by the executive department deserves

great weight and should be respected if said construction has been formed and
observed for a long period of time.
i. Congress must be made aware of the contemporaneous and practical
construction made by the officers charged with the administration and
enforcement of the law;
ii. The courts should respect that contemporaneous construction except if it is
clearly erroneous
iii. Executive construction has more weight if it is rendered by the Chief Legal
adviser of the government who can issue opinions to assist various departments
of the government charged with the duty to administer the law;
iv. The opinion, however, of the Chief Legal adviser is subservient to the ruling of
the judiciary, which is in charge of applying and interpreting laws.
 f. Legislative Construction – Legislative construction is entitled to consideration and great
weight but it cannot control as against the court's prerogative to decide on what is the
right or wrong interpretation.
g. Judicial Construction – It is presumed that the legislature was acquainted with and had
in mind the judicial construction of former statutes on the subject.
Note: It should be followed only if it is reasonable, in harmony with justice and
public policy and consistent with the local law.
h. Construction by the BAR and Legal Commentators – it is presumed that the meaning
publicly given in a statute by the members of the legal profession is a true one and
regarded as one that should not be lightly changed.

SIMPLIFICATIONS OF THE RULE REGARDING THE USE OF EXTRINSIC AIDS

-Extrinsic aids, such as mentioned above, are entitled to respect, considerations, and
weight, but the courts are at liberty to decide whether they are applicable or not to the
case brought to it for decision.

IV. PRESUMPTIONS IN AIDS OF CONSTRUCTION - the court may indulge in presumptions which
are justified by the rules of logic, human experience, good sense and by specific provision of
law. However, there is no need to apply said presumption if the legislative intent is clear.

a. What are these presumptions?

i. Presumption of Validity - Every statute passed by the legislature is presumed to
be valid because the legislature is supposed to have considered the question of
its validity in approving it.
ii. Presumption of Constitutionality - Every statue passed by the legislature is
presumed to be constitutional.
iii. Presumption of Good Faith - In case of interpretation of a statute, it is
presumed that the legislature had good motives in having considered and
adopted a particular law.
iv. Presumption Against Injustice - In case of doubt in the interpretation or
application of laws, it is presumed that the lawmaking body intended right and
justice to prevail
v. Presumption Against Inconsistency - The mind of the lawmaking body is
presumed to be consistent. In case of doubt therefore, such a construction
should be adopted as will make all the provision of the statute consistent with
one another and with the entire act.
Note: a word or phrase repeated in the statute will have the same
meaning throughout the statute
vi. Presumption Against Absurdity - It is presumed that the legislature does not
intend that absurdity will flow from its enactment. The courts therefore have
the duty to interpret the law in such a way as to avoid absurd result.
vii. Presumption Against Ineffectiveness - It is presumed that the lawmaking body
does not intend to adopt laws, which are unnecessary and ineffective. It is
presumed that it intends to impart to its enactments such a meaning as will
render them operative and effective.
 Two Important Rules on this point:
1. Where a law is susceptible of two constructions, one of which will
render it unconstitutional and the otherupholds its validity, the latter
must be adopted.
2. Where the language of the statute is susceptible of two or more
constructions, one which will render the statute ineffective or inefficient
and another which will tend to give effect to the evident intent of the
legislature, that construction which tends to give effect to the object for
which the law was adopted shall prevail
viii. Presumption Against Irrepealable Laws - It is presumed that the lawmaking
body does not intend that its law shall be irrepealable. The legislature cannot
enact irrepealable laws or limit its future legislative acts
ix. Presumption Against Implied Repeals - Repeals by implication is not favored.
There are two requirements before a statute can be considered to have
repealed a prior statute by implication.
x. Presumption Against Violation of Public Policy - It is presumed that the
legislature designs to favor and foster rather than to contravene, that public
policy which is based upon the principles of natural justice, good morals, and
the settled wisdom of the law as applied to the ordinary affairs of life.
xi. Presumption of Knowledge of Existing Laws - In enacting a law, the lawmaking
body is presumed to have full knowledge of all existing laws on the subject.
xii. Presumption of Acquiescence to Judicial Construction - When the court has
construed a statute in a particular manner, and the lawmaking body made no
move to alter or amend the said statute, it is presumed that the legislature has
acquiesced in that interpretation.
xiii. Presumption of Jurisdiction - A statute will not be construed in such a manner
as to oust or restrict the jurisdiction of superior courts, or to vest a new
jurisdiction in them, unless there are express words or a necessary implication
to that effect
xiv. Presumption of Acting Within the Scope of Authority - It is presumed that the
legislature acted within the scope of its authority. Hence, if a statute admits of
more than one interpretation, one that places the statute outside of legislative
competence, and one that places the statute within the limits of legislative
competence, the court should adopt the later interpretation
xv. Presumption Against Violation of International Law - It is presumed that a
statute is in conformity with the rules and principles of international laws, or
with treaties.

CHAPTER III
LAW, ITS CONCEPT AND QUALIFICATIONS
Law - means any rule of action or norm of conduct applicable to all kinds of action and to all objects of
creation. –broadest definition
- Law is defined as a rule of conduct, just and obligatory, laid down by legitimate authority for the
common observance and benefit.
 ELEMENTS OF LAW
A. IT IS A RULE OF CONDUCT – Laws serve as guides of an individual in relation to his fellowmen
and to his community
B. LAW MUST BE JUST - Laws, as guides for human conduct, "should run as golden threads through
society; to the end that law may approach its supreme ideal which is the sway and dominance of
justice.
C. LAW MUST BE OBLIGATORY - If laws are not enforced, the purpose for which they are intended
will not be served.
D. LAW MUST BE PRESCRIBED BY LEGITIMATE AUTHORITY – Must come from the Legislative
Department or the Congress of the Philippines.
E. LAW MUST BE OBSERVED FOR THE COMMON BENEFIT - Laws should be applied not only to a
particular group of citizens. They are supposed to be applied equally to all citizens regardless of
their religion, political persuasion, or status in life.
SALUS PUPOLI EST SUPREMA LEX – The welfare of the people is the supreme law

CLASSIFICATION OF LAW
I. NATURAL LAW – This law derives its force and authority from God
II. POSITIVE LAW
a. PHYSICAL LAW – Universal Rule of Action that governs the conduct and movement of
things, which are non-free and material. Example: Law of Gravitation, Law of Motion
b. MORAL LAW – Set of rules which is right and which is wrong as dictated by human
conscience and is inspired by the eternal law.
c. DIVINE LAW –
i. DIVINE POSITIVE LAW – The Ten Commandments
ii. DIVINE HUMAN POSITIVE LAW – Commandments of the Church
III. PUBLIC LAW –
a. CONSTITUTIONAL LAW – Is the fundamental law of the land, which defines the powers
of the government
b. ADMINISTRATIVE LAW - that law which fixes the organization and determines the
competence of the administrative authorities and which regulates the methods by
which the functions of the Government are performed
c. INTERNATIONAL LAW – Body of rules, which regulates the community of nations
IV. PRIVATE LAW - Body of rules which creates duties, rights and obligations, and the means
and methods of setting courts in motion for the enforcement of a right or of a redress of
wrong
a. SUBSTANTIVE PRIVATE LAW - Those rules which declare legal relations of litigants when
the courts have been properly moved to action upon facts duly presented to them.
b. PROCEDURAL OR ADJECTIVE PRIVATE LAW - Refers to the means and methods of
setting the courts in motion, making the facts known to them and effectuating their
judgments.

SOURCES OF LAW
I. LEGISLATION - The power to legislate laws is vested in the Congress of the Philippines,
which consists of the Senate and the House of Representatives
II. PRECEDENT – This means that the decisions or principles enunciated by a court of
competent jurisdiction on a question of law do not only serves as guides but also as
authority to be followed by all other courts of equal or inferior jurisdiction in all cases
involving the same questions until the same is overruled or reversed by a superior court.
 Stare Decisis – means that once a case has been decided one way, then
another case involving exactly the same question or point of law
should be decided in the same manner
III. CUSTOM – Customs have the force of law only when they are acknowledged and approved
by society through long and uninterrupted usage.
Requisites Before the Court Considers Customs
a. A custom must be proved as fact according to the rules of evidence
b. The custom must not be contrary to law
c. There must be a number of repeated acts and must be uniformly performed
d. There must be judicial intention to make a rule of social conduct
e. A custom must be acknowledged and approved by society, through long and
uninterrupted usage.
IV. COURT DECISION - Judicial decisions which apply or interpret the Constitution and the laws
are part of the legal system in the Philippines but they are not laws. However, although
judicial decisions are not laws, they are evidence of the meaning and interpretations of the
laws.

STATUTES
- Enacted by the legislature. They are actually the bills submitted to Congress for
consideration and approval. Once approved finally by the Congress and by the
President of the Philippines these bills become statutes.

KINDS OF STATUTES
I. AS TO NATURE IV. AS TO SCOPE
a. PENAL STATUTES a. GENERAL
b. REMEDIAL STATUTES b. SPECIAL
c. SUBSTANTIVE STATUTES c. LOCAL
d. LABOR STATUTES
e. TAX STATUTES V. OTHER CLASSIFICATIONS
a. Could be Prospective or Retroactive
II. AS TO APPLICATION b. Could be Repealing or Ammendatoy act
a. MANDATORY c. Could be Reference or a Declaratory Statute
b. DIRECTORY

III. AS TO PERFORMANCE
a. PERMANENT
b. TEMPORARY