STATUTORY CONSTRUCTION • Legislative power is vested in the Congress of the

Philippines – the Senate and the House of the

CHAPTER I Representatives
PRELIMINARY CONSIDERATIONS • Executive power is vested in the President of the
Republic of the Philippines (Art. VII, Sec.1, Phil.
STATUTORY CONSTRUCTION DEFINED Const.)
Statutory Construction – the art or process of • Judicial power is vested in one Supreme Court and
discovering and expounding the meaning and in such lower courts as may be established by law.
intention of the authors of the law with respect to its (Art VIII, Sec. 1, Phil. Const.)
application to a given case, where that intention is Legislative – makes the law
rendered doubtful, among others, by reason of the Executive - executes the law
fact that the given case is not explicitly provided for Judicial – interprets the law
in the law. Simply stated, the situs of construction and
interpretation of written laws belong to the judicial
Justice Martin defines statutory construction as the department.
art of seeking the intention of the legislature in
enacting a statute and applying it to a given state of It is the duty of the Courts of Justice to settle actual
facts. controversies involving rights which are legally
A judicial function is required when a statute is demandable and enforceable, and to determine
invoked and different interpretations are in whether or not there has been a grave abuse of
contention. discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
Difference between judicial legislation and statutory government.
construction: Supreme Court is the one and only Constitutional
Where legislature attempts to do several things one Court and all other lower courts are statutory courts
which is invalid, it may be discarded if the remainder and such lower courts have the power to construe and
of the act is workable and in no way depends upon interpret written laws.
the invalid portion, but if that portion is an integral
DUTY OF THE COURTS TO CONSTRUE AND
part of the act, and its excision changes the manifest
INTERPRET THE LAW; REQUISITES
intent of the act by broadening its scope to include
1. There must be an actual case or controversy,
subject matter or territory which was not included
therein as enacted, such excision is “judicial 2. There is ambiguity in the law involved in the
legislation” and not “statutory construction”. controversy.
Ambiguity exists if reasonable persons can find
CONSTRUCTION AND INTERPRETATION, different meanings in a statute, document, etc.
DISTINGUISHED
Construction is the drawing of conclusions with A statute is ambiguous if it is admissible of two or
respect to subjects that are beyond the direct more possible meanings.
expression of the text, while interpretation is the If the law is clear and unequivocal, the Court has no
process of discovering the true meaning of the other alternative but to apply the law and not to
language used. interpret.
Construction and interpretation of law come only
Interpretation is limited to exploring the written text. after it has been demonstrated that application is
Construction on the other hand is the drawing of impossible or inadequate without them.
conclusions, respecting subjects that lie beyond the
direct expressions of the text. DIFFERENT KINDS OF CONSTRUCTION AND
INTERPRETATION
SITUS OF CONSTRUCTION AND Hermeneutics – the science or art of construction and
INTERPRETATION interpretation.
In our system of government:

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Legal hermeneutics – is the systematic body of rules
which are recognized as applicable to the
construction and interpretation of legal writings.

Dr. Lieber in his work on Hermeneutics gives the

following classification of the different kinds of CHAPTER III
interpretation: BASIC GUIDELINES IN THE
1. Close interpretation – adopted if just reasons CONSTRUCTION AND INTERPRETATION
connected with the character and formation of the OF LAWS
text induce as to take the words in the narrowest LEGISLATIVE INTENT
meaning. This is generally known as “literal” The object of all interpretation and construction of
interpretation. statutes is to ascertain the meaning and intention of
2. Extensive interpretation – also called as liberal the legislature, to the end that the same may be
interpretation, it adopts a more comprehensive enforced.
signification of the words. Legislative intent is determined principally from the
3. Extravagant interpretation – substitutes a meaning language of the statute.
evidently beyond the true one. It is therefore not
genuine interpretation. VERBA LEGIS
4. Free or unrestricted interpretation – proceeds If the language of the statute is plain and free from
simply on he general principles of interpretation in ambiguity, and express a single, definite, and
good faith, not bound by any specific or superior sensible meaning, that meaning is conclusively
principle. presumed to be the meaning which the legislature
5. Limited or restricted interpretation - influenced by intended to convey.
other principles than the strictly hermeneutic ones.
6. Predestined interpretation – takes place when theSTATUTES AS A WHOLE
interpreter, laboring under a strong bias of mind, A cardinal rule in statutory construction is that
makes the text subservient to his preconceived viewslegislative intent must be ascertained from a
and desires. consideration of the statute as a whole and not
merely of a particular provision. A word or phrase
REASON WHY AN ORDINANCE SHOULD NOT might easily convey a meaning which is different
CONTRAVENE A STATUTE from the one actually intended.
Local councils exercise only delegated legislative
powers conferred on them by Congress as the A statute should be construed as a whole because it is
national law making body. not to be presumed that the legislature has used any
The delegate cannot be superior to the principal. useless words, and because it is dangerous practice to
base the construction upon only a part of it, since one
ROLE OF FOREIGN JURISPRUDENCE portion may be qualified by other portions.
Philippine laws must necessarily be construed in
accordance with the intention of its own law makers SPIRIT AND PURPOSE OF THE LAW
and such intent may be deduced from the language of When the interpretation of a statute according to the
each law and the context of other local legislation exact and literal import of its words would lead to
related thereof. absurd or mischievous consequences, or would
thwart or contravene the manifest purpose of the
legislature in its enactment, it should be construed
according to its spirit and reason, disregarding or
modifying, so far as may be necessary, the strict
letter of the law.
• When the reason of the law ceases, the law itself
ceases.
• Doctrine of necessary implications. What is implied
in a statute is as much a part thereof as that which is
expressed.

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 General terms in a statute are to receive a general
CASUS OMISSUS construction, unless retrained by the context or by
When a statute makes specific provisions in regard to plain inferences from the scope and purpose of the
several enumerated cases or objects, but omits to act.
make any provision for a case or object which is General terms or provisions in a statute may be
analogous to those enumerated, or which stands upon restrained and limited by specific terms or provisions
the same reason, and is therefore within the general with which they are associated.
scope of the statute, and it appears that such case or
object was omitted by inadvertence or because it was Special terms in a statute may sometimes be
overlooked or unforeseen, it is called a “casus expanded to a general signification by the
omissus”. Such omissions or defects cannot be consideration that the reason of the law is general.
supplied by the courts.
GENERAL TERMS FOLLOWING SPECIAL TERMS
The rule of “casus omissus pro omisso habendus est” (EJUSDEM GENERIS)
can operate and apply only if and when the omission It is a general rule of statutory construction that
has been clearly established. where general words follow an enumeration of
persons or things, by words of a particular and
STARE DECISIS specific meaning, such general words are not to be
It is the doctrine that, when court has once laid down construed in their widest extent, but are to be held as
a principle, and apply it to all future cases, where applying only to persons or things of the same
facts are substantially the same, regardless of general kind or class as those specifically mentioned.
whether the parties and properties are the same. But this rule must be discarded where the legislative
Stare Decisis. Follow past precedents and do not intention is plain to the contrary.
disturb what has been settled. Matters already This rule is commonly called the “ejusdem generis”
decided on the merits cannot be relitigated again and rule, because it teaches us that broad and
again. comprehensive expressions in an act, such as “and all
“Stare decisis et non quieta movere” (follow past others”, or “any others”, are usually to be restricted
precedents and do not disturb what has been settled. to persons or things “of the same kind” or class with
those specially named in the preceding words.
CHAPTER IV Rule of ejusdem generis merely a tool of statutory
CONSTRUCTION AND INTERPRETATION construction resorted to when legislative intent is
OF WORDS AND PHRASES uncertain.
WHEN THE LAW DOES NOT DISTINGUISH,
COURTS SHOULD NOT DISTINGUISH EXPRESS MENTION AND IMPLIED EXCLUSION
When the law does not distinguish, courts should not It is a general rule of statutory construction that the
distinguish. The rule, founded on logic, is a corollary express mention of one person, thing, or consequence
of the principle that general words and phrases of a is tantamount to an express exclusion of all others.
statute should ordinarily be accorded their natural “Expressio unius est exclusio alterius”.
and general significance. Except:
The courts should administer the law not as they • When there is manifest of injustice
think it ought to be but as they find it and without • When there is no reason for exception.
regard to consequences.
• If the law makes no distinction, neither should the ASSOCIATED WORDS (NOSCITUR SOCIIS)
Court. Where a particular word is equally susceptible of
various meanings, its correct construction may be
EXCEPTIONS IN THE STATUTE made specific by considering the company of terms
When the law does not make any exception, courts in which it is found or with which it is associated.
may not except something unless compelling reasons
exist to justify it. USE OF NEGATIVE WORDS
Negative words and phrases regarded as mandatory
GENERAL AND SPECIAL TERMS while those affirmative are mere directory.

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The word “shall” emphasizes mandatory character from the enacting clause, or to qualify or restrain its
and means imperative, operating to impose a duty generality, or to exclude some possible ground of
which may be enforced. misinterpretation of its extent.
“Provided” is the word used in introducing a proviso.
THE USE OF THE WORD “MAY” AND “SHALL”
IN THE STATUTE
Use of the word “may” in the statute generally
connotes a permissible thing, and operates to confer
discretion while the word “shall” is imperative,
operating to impose a duty which may be enforced.
The term “shall” may be either as mandatory or
directory depending upon a consideration of the
entire provision in which it is found, its object and
consequences that would follow from construing it
one way or the other.
CHAPTER V
USE OF THE WORD “MUST” PRESUMPTIONS IN AID OF CONSTRUCTION
The word “must” in a statute like “shall” is not AND INTERPRETATION
always imperative and may be consistent with an PRESUMPTIONS
exercise discretion. In construing a doubtful or ambiguous statute, the
Courts will presume that it was the intention of the
THE USE OF THE TERM “AND” AND THE legislature to enact a valid, sensible and just law, and
WORD “OR” one which should change the prior law no further
“And” means conjunction connecting words or than may be necessary to effectuate the specific
phrases expressing the idea that the latter is to be purpose of
added or taken along with the first. the act in question.
“Or” is a disjunctive particle used to express as
alternative or to give a choice of one among two or PRESUMPTION AGAINST
more things. It is also used to clarify what has UNCONSTITUTIONALITY
already been said, and in such cases, means “in other Laws are presumed constitutional. To justify
words,” “to wit,” or “that is to say.” nullification of law, there must be a clear and
unequivocal breach of the constitution.
COMPUTATION OF TIME The theory is that, as the joint act of the legislative
When the laws speak of years, months, days or and executive authorities, a law is supposed to have
nights, it shall be understood that years are of three been carefully studied and determined to be
hundred sixty five days each; months of thirty days; constitutional before it was finally enacted.
days of twenty –four hours; and nights from sunset to All laws are presumed valid and constitutional until
sunrise. or unless otherwise ruled by the Court.
If months are designated by their name, they shall be
computed by the number of days which they PRESUMPTION AGAINST INJUSTICE
respectively have. The law should never be interpreted in such a way as
to cause injustice as this never within the legislative
In computing a period, the first day shall be intent.
excluded, and the last day included (Art. 13, New
Civil Code). We interpret and apply the law in consonance with
A “week” means a period of seven consecutive days justice.
without regard to the day of the week on which it Judges do not and must not unfeelingly apply the law
begins. as it is worded, yielding like robots to the literal
command without regard to its cause and
FUNCTION OF THE PROVISO consequence.
Proviso is a clause or part of a clause in the statute,
the office of which is either to except something PRESUMPTION AGAINST IMPLIED REPEALS

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The two laws must be absolutely incompatible, and In resorting to intrinsic aids, one must go back to the
clear finding thereof must surface, before the parts of the statute.
inference of implied repeal may be drawn.
In the absence of an express repeal, a subsequent law THE TITLE OF THE LAW IS A VALUABLE
cannot be construed as repealing a prior law unless INTRINSIC AID IN DETERMINING LEGISLATIVE
an irreconcilable inconsistency and repugnancy INTENT
exists in terms of the new and old laws.
TEXT OF THE STATUTE AS INTRINSIC AID
PRESUMPTION AGAINST INEFFECTIVENESS Subtitle of the statute as intrinsic aid in determining
In the interpretation of a statute, the Court should legislative intent.
start with the assumption that the legislature intended
to enact an effective statute. PREAMBLE AS INTRINSIC AID
The intent of the law as culled from its preamble and
from the situation, circumstances and conditions it
sought to remedy, must be enforced.
Preamble used as a guide in determining the intent of
PRESUMPTION AGAINST ABSURDITY the lawmaker.
Statutes must receive a sensible construction such as
will give effect to the legislative intention so as to CHAPTER VII
avoid an unjust and absurd conclusion. EXTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION
Presumption against undesirable consequences were
never intended by a legislative measure. EXTRINSIC AIDS
These are existing aids from outside sources,
PRESUMPTION AGAINST VIOLATION OF meaning outside of the four corners of the statute. If
INTERNATIONAL LAW there is any doubt as to the meaning of the statute,
Philippines as democratic and republican state adopts the interpreter must first find that out within the
the generally accepted principles of international law statute.
as part of the law of the land and adheres to the Extrinsic aids therefore are resorted to after
policy of peace, equality, justice, freedom, exhausting all the available intrinsic aids and still
cooperation, and amity with all nations. (Art. II, Sec. there remain some ambiguity in the statute.
2, Phil. Constitution). Extrinsic aids resorted to by the courts are history of
the enactment of the statute; opinions and rulings of
officials of the government called upon to execute or
implement administrative laws; contemporaneous
CHAPTER VI construction by executive officers; actual
INTRINSIC AIDS IN CONSTRUCTION AND proceedings of the legislative body; individual
INTERPRETATION statements by members of congress; and the author
of the law.
INTRINSIC AIDS
The term “intrinsic” means internal or within.
Intrinsic aids, therefore, are those aids within the CHAPTER VIII
statute. STRICT AND LIBERAL CONSTRUCTION
Intrinsic aids are resorted to only if there is AND INTERPRETATION OF STATUTES
ambiguity. In resorting to intrinsic aids, one must go GENERAL PRINCIPLES
back to the parts of the statute: the title, the preamble, If a statute should be strictly construed, nothing
context or body, chapter and section headings, should be included within the scope that does not
punctuation, and interpretation. come clearly within the meaning of the language
If the language of the statute is clear and used.
unequivocal, there is no need to resort to intrinsic But the rule of strict construction is not applicable
aids. where the meaning of the statute is certain and

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unambiguous , for under these circumstances, there is contract should be interpreted in favor of its
no need for construction. beneficiary.

On the other hand, there are many statutes which will LABOR AND SOCIAL LEGISLATIONS
be liberally construed. The meaning of the statute Doubts in the interpretation of Workmen’s
may be extended to matters which come within the Compensation and Labor Code should be resolved in
spirit or reason of the law or within the evils which favor of the worker. It should be liberally construed
the law seeks to suppress or correct. to attain their laudable objective, i.e., to give relief to
theworkman and/or his dependents in the event that
Liberal interpretation or construction of the law or the former should die or sustain in an injury.
rules, however, applies only in proper cases and The sympathy of the law on social security is
under justifiable causes and circumstances. While it towards its beneficiaries and the law by its own
terms, requires a construction of utmost liberality in
is true that litigation is not a game of technicalities, it
is equally true that every case must be prosecuted in their favor.
accordance with the prescribed procedure to insure
an orderly and speedy administration of justice. RETIREMENT LAWS
Retirement laws are liberally interpreted in favor of
PENAL STATUTES the retiree because the intention is to provide for the
Penal laws are to be construed strictly against the retiree’s sustenance and comfort, when he is no
state and in favor of the accused. Hence, in the longer capable of earning his livelihood.
interpretation of a penal statute, the tendency is to
subject it to careful scrutiny and to construe it with ELECTION RULES
such strictness as to safeguard the right of the Statute providing for election contests are to be
accused. liberally construed to the end that the will of the
If the statute is ambiguous and admits of two people in the choice of public officer may not be
reasonable but contradictory constructions, that defeated by mere technical objections.
which operates in favor of a party accused under its RULES OF COURT
provisions is to be preferred. Rule of court shall be liberally construed in order to
promote their objective of securing a just, speedy and
TAX LAWS inexpensive disposition of every action and
Taxation is a destructive power which interferes with proceeding.
the personal and property rights of the people and
takes from them a portion of their property for the CHAPTER IX
support of the government. PROSPECTIVE AND RETROSPECTIVE
Accordingly, in case of doubt, tax statutes must be STATUTES
construed strictly against the government and
liberally in favor of the taxpayer, for taxes, being GENERAL PRINCIPLES
burdens, are not to be presumed beyond what the Prospective statute – is a statute which operates upon
applicable statute expressly and clearly declares. acts and transactions which have not occurred when
Any claim for exemption from a tax statute is strictly the statute takes effect, that is, which regulates the
construed against the taxpayer and liberally in favor future.
of the state.
Retrospective or retroactive law – is one which takes
NATURALIZATION LAW away or impairs vested rights acquired under existing
Naturalization laws should be rigidly enforced and laws, or creates new obligations and imposes new
strictly construed in favor of the government and duties, or attaches new disabilities in respect of
against the applicant. transaction already past.

INSURANCE LAW A sound canon of statutory construction is that

Contracts of Insurance are to be construed liberally in statutes operate prospectively only and never
favor of the insured and strictly against the insurer. retrospectively, unless the legislative intent to the
Thus, ambiguity in the words of an insurance

6
contrary is made manifest either by the express terms STATUTES IN PARI MATERIA
of the statute or by necessary implication. Statutes that relate to the same subject matter, or to
the same class of persons or things, or have the same
The Civil Code of the Philippines follows the above purpose or object.
rule thus: Laws shall have no retroactive effect, Statutes in pari materia are to be construed together;
unless the contrary is provided. each legislative act is to be interpreted with reference
to other acts relating to the same matter or subject.
Retroactive legislation is looked upon with disfavor, However, if statutes of equal theoritical application
as a general rule and properly so because of its to a particular case cannot be reconciled, the statute
tendency to be unjust and oppressive. of later date must prevail being a later expression of
legislative will.
PENAL STATUTES
Penal statutes as a rule are applied prospectively. GENERAL AND SPECIAL STATUTES
Felonies and misdemeanors are punished under the Sometimes we find statutes treating a subject in
laws in force at the time of their commission. (Art. general terms and another treating a part of the same
366, RPC). subject in particularly detailed manner.
However, as an exception, it can be given retroactive If both statutes are irreconcilable, the general statute
effect if it is favorable to the accused who is not a must give way to the special or particular provisions
habitual criminal. (Art. 22, RPC). as an exception to the general provisions.
This is so even if the general statute is later
PROCEDURAL LAWS ARE RETROSPECTIVE enactment of the legislature and broad enough to
Statutes regulating the procedure of the Court will be include the cases in special law unless there is
construed as applicable to actions pending and manifest intent to repeal or alter the special law.
undermined at the time of their passage. However,
Rules of Procedure should not be given retroactive
effect if it would result in great injustice and impair
substantive right. STATUTE AND ORDINANCE
If there is conflict an ordinance and a statute, the
Procedural provisions of the Local Government Code ordinance must give way.
are retrospective.
It is a well-settled rule that a substantive law cannot
CURATIVE STATUTES be amended by a procedural law.
They are those which undertake to cure errors and A general law cannot repeal a special law.
irregularities and administrative proceedings, and In case of conflict between a general provision of a
which are designed to give effect to contracts and special law and a particular provision of a general
other transactions between private parties which law, the latter will prevail.
otherwise would fail of producing their intended When there is irreconcilable repugnancy between a
consequences by reason of some statutory disability proviso and the body of a statute, the former prevails
or failure to comply with some technical as latest expression of legislative intent.
requirement. They are therefore retroactive in their The enactment of a later legislation which is general
character. law cannot be construed to have repealed a special
law.
A statute is superior to an administrative circular,
CHAPTER X thus the later cannot repeal or amend it.
CONFLICTING STATUTES Where the instrument is susceptible of two
interpretations, one which will make it invalid and
EFFECT SHOULD BE GIVEN TO THE ENTIRE illegal and another which will make it valid and
STATUTE legal, the latter interpretation should be adopted.
It may happen that in a statute, conflicting clauses In case of conflict between an administrative order
and provisions may arise. If such situation may and the provisions of the Constitutions, the latter
occur, the statute must be construed as a whole. prevails.

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 but that all provisions bearing upon a particular
CHAPTER XI subject are to be brought into view and to be
CONSTRUCTION AND INTERPRETATION interpreted as to effectuate the great purposes of the
OF THE CONSTITUTION instrument.
A constitution is a system of fundamental law for the 3. The proper interpretation of the Constitution
governance and administration of a nation. It is depends more on how it was understood by the
supreme, imperious, absolute, and unalterable except people adopting it than the framer’s understanding
by the authority from which it emanates. thereof.

Under the doctrine of constitutional supremacy, if a THE CONSTITUTIONAL PROVISION ON

law or contract violates any norm of the constitution, NATURAL-BORN CITIZENS OF THE
that law or contract whether promulgated by the PHILIPPINES GIVEN RETROACTIVE EFFECT
legislative, or by the executive branch or entered into Under THE 1973 Constitution, those born of Filipino
by private persons for private purposes is null and fathers and those born of Filipino mothers with an
void and without any force or effect. alien father were placed on equal footing. They were
both considered as natural-born citizens.
ALL PROVISIONS OF THE CONSTITUTION The constitutional provision is curative in nature.
ARE SELF-EXECUTING; EXCEPTIONS
Some constitutions are merely declarations of THE CONSTITUTION MUST BE CONSTRUED
policies. Their provisions command the legislature to IN ITS ENTIRETY AS ONE, SINGLE
enact laws and carry out the purposes of the framers DOCUMENT
who merely establish an outline of government LIBERAL CONSTRUCTION OF ONE TITLE OF
providing for the different departments of the ONE SUBJECT
governmental machinery and securing certain A liberal construction of the “one title-one subject”
fundamental and inalienable rights of citizens. rule has been invariably adopted by the court so as
Thus a constitutional provision is self-executing if not to cripple or impede legislation.
the nature and extent of the right conferred and the The title expresses the general subject and all the
liability imposed are fixed by the constitution itself. provisions are germane to the general subject.
Unless it is expressly provided that a legislative act is
necessary to enforce a constitutional mandate, the RESIGNATION OF THE PRESIDENT UNDER
presumption now is that all provisions of the THE 1987 CONSTITUION IS NOT GOVERNED
constitution are self-executing. BY ANY FORMAL REQUIREMENT AS TO
FORM. IT CAN BE ORAL. IT CAN BE WRITTEN.
In case of doubt, the Constitution should be IT CAN BE EXPRESS. IT CAN BE IMPLIED.
considered self-executing rather than non-self- SPECIAL PROVISION PREVAILS OVER A
executing, unless the contrary is clearly intended. GENERAL ONE
Non-self-executing provisions would give the Lex specialis derogant generali
legislature discretion to determine when, or whether,
they shall be effective, subordinated to the will of the SUPREMA LEX
law-making body. It is time-honored that the Constitution is the
Supreme Law of the land. It is the law of all laws.
Hence, if there is conflict between a statute and the
PROHIBITORY PROVISIONS GIVEN LITERAL Constitution, the statute shall yield to the
AND STRICT INTERPRETATION Constitution.
Guidelines in construction and interpretation of the
constitution are stressed: STARE DECISIS
1. The Court in construing a Constitution should bear The rule of precedents.
in mind the object sought to be accomplished by its Judicial decisions applying or interpreting the laws or
adoption, and the evils, if any, sought to be prevented the Constitution shall form part of the legal system of
or remedied. the Philippines.
2. One provision of the Constitution is to be
separated from all the others, to be considered alone, CONCLUSION

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The fundamental principle of constituitonal nor controlling on the courts. Legislative intent-is the
construction is to give effect to the intent of the essence of the law;
framers of the organic law and of the people adopting itisthespiritwhichgiveslifetolegislativeenactment.
it. Legislativepurpose-reasonwhya particular statute
was enacted Legislative meaning- what the law, by
its language means *The primary source of
legislative intent should be the statute itself.
CHAPTER XII ASCERTAINING LEGISLATIVE INTENT Intention of the
RECENT CASES ON STATUTORY
legislators must be ascertained
CONSTRUCTION
notformtheconsiderationofaawordor particular
• The term “may” is indicative of a mere possibility,
phrase of law, but from the context of
an opportunity or an option.
• An implied repeal is predicated on a substantial thewholelaworfromaportionthereofas compared
conflict between the new and prior laws. with the whole. IV.Power to Construe and its
• The abrogation or repeal of a law cannot be Limitations
assumed; the intention to revoke must be clear and *ConstructionandInterpretationcomeonly after it has
manifest. been demonstrated that application is impossible or
• When the law speaks in clear and categorical inadequate without them. *It is the Court which has
language, there is no occasion for interpretation. the final say as to what the law means. *The
• Penal laws must be construed strictly. Such rule is legislature has no power to overrule the
founded on the tenderness of the law for the rights of interpretation of the Court. -
individuals and on the plain principle that the power Thelegislaturecannot,bylawor
of punishment is vested in the Congress, not in the resolution,modifyorannulthejudicial construction
Judicial department. without modifying or repealing the very statute
• Where a requirement is made explicit and which has been subject of construction. Exceptions:
unambiguous terms, no discretion is left to the 1. When the Supreme Court reverses itself 2. By
judiciary. It must see to it that the mandate is obeyed.
amending the Constitution 3. By enacting a new
• Statutes that are remedial, or that do not create new
statute RULE ON EXECUTIVE CONSTRUCTION
or take away vested rights, do not fall…
Elementary rule: When the language is clear and
unequivocal the law must be taken to mean exactly
STATUTORY CONSTRUCTION
what it says. Floresca vs. Philex, 136 SCRA 141 HELD:
1I.Definition of Statutory Construction
The Court ruled that there is no judicial
Statutory Construction-is the art or process of
legislationbecauseitonlyappliedandgave effect to the
discovering and expounding the meaning and
constitutional guarantees of social justice then
intention of the authors of the law with respect to its
secured by Sec 5 of Article XIV of the 1935
application to a given case, where that intention is
Constitution when it ruled that awarding
rendered doubtful, by reasonof itsambiguity in its
compensationundertheWorkmen’s Compensation
language or by of
Act differs from that in giving damages under the
factthatthegivencaseisnotexpresslyprovided for in
Civil Code. In case of any doubt which may be
the law (Caltex, Inc. vs. Palomar, 18 SCRA
engendered by Article 173 of the New Labor Code
247).II.Nature of the Rules of
and the Civil Code that the doubts should be
StatutoryConstructionThebasiccanonofstatutory
resolved in favor of the workers and employees.
interpretation is that the word used in thelaw must
Endencia vs. David, 93 Phil 696 FACTS: After a judicial
be given its ordinary meaning, unless a contrary
declaration interpreting a constitutional provision
intent is manifest fromthe law itself (PCFI vs. NTC,
that taxing is a form of diminution of salary,
G.R. No.L-63318, August 18, 1984).III.Construction
Congress enacted a law to include justices and
and Interpretation
members of the judicial body in the scope of taxing
Purpose:Toascertainthetrueintentofthe legislature.
power of the government.
*Rulesofstatutoryconstructionareusedto
HELD:Congresscannot,bylaw,modifyan
ascertainlegislativeintent.Buttheyarenot rules of
interpretationoftheConstitutionmadebythe court.
lawbutmereaxiomsofexperience, hence, not binding

9
Including the judicial officers to the scope of Courtsmaynot,undertheguiseofinterpretation,
taxationisaformofinterpretationofthe enlarge the scope of a statute
Constitutionalprovisionagainstdiminutionof salaries. andincludethereinsituationsnotprovidednorintended
Perfecto vs. Meer, 85 Phil 552 (Bahala ka na, basta by the lawmakers.2.
same case in Endencia vs. David) WHEN TO Neithershouldcourtsconstruestatuteswhicharevague
CONSTRUE The Court can only construe when there foritisrepugnanttotheConstitution 3. Courts do not
is ambiguity in the language of the Statute. pass upon questions of wisdom,justice or
Ambiguity-susceptible of two or more expediency of legislation. V.StrictversusLiberal
interpretations. CONSTRUCTIONINTERPRETATION ConstructionStrictConstruction-
Drawing warrantedconclusions notalways included scopeofthestatuteshallnotbeextendedorenlargedbyi
indirect expressions, ordetermining the application mplication,intendment,orequitable construction
of words to facts in litigation. Artoffindingthe beyond the literal meaning.Limitation: it does
truemeaningand sense in any form of words. notmeanthat thestatute should be construed in its
narrowestmeaning. Nor does it mean that the
Want to read all 16 pages? wordsshould be restricted as not to have their full
Previewing 2 of 16 pages Upload your study docs or meaning. LiberalConstruction-equitable construction
become a member. as will enlarge the letter of the statute to accomplish
View full document its intended purpose, carry out its intent and
promote justice. Exceptions:If the statute is plain,
STATUTORY CONSTRUCTION 2VERBA LEGIS (Plain clear andunambiguous,enlargementofthe provision
meaning rule)-Where the statute is clear, plain and is prohibited. Nor does it mean that words be forced
free fromambiguity, it must be given its literal out their natural meaning. *Liberal Construction is
meaningand applied without interpretation.RATIO not engrafting upon a law which the Court ought
LEGIS (Spirit of the Law)-moving away from the believes ought to be there. Liberal construction is a
literal interpretationRatio legis et anima legis -the valid exercise of power, the latter is judicial
reason of the law is its soulRatio cessat lex non legislation that is forbidden by the doctrine of
cessat lex-when the reason ceases, the law separation of powers.
cease*The letter of the law is its body; the spirit, Fetalinovs.Barcelona,G.R.No.191890, December 4,
thesoul and the construction of the former should 2012 (Liberal Interpretation) HELD: No occasion for
not defeat the latter. SUPREME COURT RULINGS ON liberal construction since Section 1 of R.A. No. 1568,
THE PART OFTHE LEGAL SYSTEMArt. 8 of the as amended, is clear and unambiguous. The
NCCJudicial decisions applying orinterpreting the petitioners’ appeal to liberal construction of Section
laws or the Constitution shallform part of the legal 1 of R.A. No. 1568 ismisplacedsincethelawisclearand
system of the Philippines.Legis interpretato legis vim unambiguous. People vs. Veneracion, 319 Phil 364
obtinet-the authoritative interpretation of a (Strict Construction)
statuteacquires the force the law by becoming part HELD:helawplainlyandunequivocably
thereof-Article 8 of the Civil Code of the Philippines providesthat"[w]henbyreasonoronthe occasion of
decreesthatjudicialdecisionsapplyingorinterpreting rape, a homicide is committed, the penalty shall be
the laws or the Constitution formpart of this death." The provision leaves no room for the
jurisdiction's legal system. exercise of discretion on the part of the trial judge to
Thesedecisions,althoughinthemselvesnotlaws,consti impose a penalty under the circumstances
tute evidence of what the laws mean. Theapplication described, other than a sentence of death. a.Penal
or interpretation placed by the Courtupon a law is Statutes Strictly construed against the state and
part of the law as of the date of theenactmentof liberally in favor of the accused. Reason: the law is
thesaidlawsincetheCourt'sapplication or tender in favor of rights of an individual; the object is
interpretation merely establishes the to establish a certain rule by conformity to which
contemporaneous legislative intent that mankind would be safe and the discretion of the
theconstrued law purports to carry into court limited. It is not to enable a guilty person
effect"LIMITATIONS ON POWER TO CONSTRUE 1. escape punishment

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throughtechnicalitybuttoprovideprecise definition of
forbidden acts. United States vs. Abad Santos, 36
Phil 243 HELD: The Court held that it will not hold
one person criminally liable for the acts of another,
committed without his knowledge or consent, unless
there is a statute requiring it so plain it its terms that
there is no doubt in the intention of the Legislature.
People vs. Gatchalian, 104 Phil 664 *If a penal
statute is clear and unambiguous it
shouldnotbestrictlyconstruedagainstthe State.

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