STATUTORY CONSTRUCTION is the act or process of discovering and expounding the LITERAL CONSTRUCTION

meaning and intention of the authors of the law with respect to its application to a given GR: If the law is clear and unambiguous, the law must be interpreted based on its ordinary
case, where that intention is rendered doubtful, among others, by reason of the fact that meaning.
EXC: (1) leads to absurdity; (2) not in harmony with the Constitution; (3) defeats the purpose
the given case is not explicitly provided in the law.
and intent of the law
FUNDAMENTAL DUTY OF THE COURT: To ascertain and give effect to the legislative intent.
EXECUTIVE CONSTRUCTION
HOW MUST LEGISLATIVE INTENT BE ASCERTAINED? GR: The court still and should respect the contemporaneous construction placed upon a
It must be ascertained from a consideration of the statute as a whole. The particular words, statute by the executive officers whose duty is to enforce it.
clauses and phrases should not be studied as detached and isolated expressions, but the EXC: (1) based on misapprehension of facts (Phil. Apparel Worker’s Union vs NLRC); (2)
betrays inconsistency or repugnancy to the provisions of the Act (IBAA vs Inciong); (3)
whole and every part of the statute must be considered in fixing the meaning of any of its
ultra vires (Chartered Bank Employees’ Union vs Ople)
parts in order to produce harmonious whole. (Aisporna vs CA; Chinabank vs Ortega; PVA vs
Board of Administrators vs. Bautista) WHEN ARE LEGISLATIVE DEBATES NOT USEFUL?
Several factors to be considered when giving value to a legislative debate:
INTERPRETATION CONSTRUCTION 1. Cited statement must be related to the issue raised in the case
makes use of intrinsic aids or those found makes use of extrinsic aids or those found 2. Source of the cited statement (sponsor or proponent)
in the statute itself outside the written language of the law 3. Whether interpretation is carried by the entire body
4. Stage when the cited statement was made (committee hearings, first reading, etc.)
BASIC RULE: APPLY  INTERPRET  CONSTRUCT
MAY THE PREAMBLE BE REFERRED TO IN THE CONSTITUTIONAL PROVISIONS?
AIDS IN INTERPRETATION AND CONSTRUCTION Religious freedom as a constitutional mandate is not inhibition of profound reverence for
Intrinsic Aids Extrinsic Aids religion and is not a denial of its influence in human affairs. (Aglipay vs Ruiz)
 Expresses the subject matter
 Conditions existing at the time the
of the law
Contemporaneous law was enacted – history, previous ARE THE PROVISIONS OF THE CONSTITUTION SELF-EXECUTING?
Title  Not controlling nor entitled to
circumstances state of the law, evils sought to be It is presumed that all provisions of the Constitution are self-executing unless it is expressly
much weight
 One title – one subject rule
remedies, customs of the people provided that a legislative act is necessary to enforce a constitutional mandate.(Manila
 After the title and before Prince Hotel vs GSIS)
enacting clause  Conditions, prevailing sentiment of
 Reasons or objectives of the people, policy of the State,
Preamble enactment Policy executive order issued by the
REQUIREMENTS FOR THE PUBLICATION OF LAWS?
 Cannot enlarge or confer President preceding the legislative The clause “unless it is otherwise provided”, in Article 2 of the Civil Code, refers to the date
powers, nor cure defects in enactment
statutes
of effectivity and no to the requirement of publication itself, which cannot even be omitted.
 Ascertaining the meaning of The legislature may in its discretion provide that the usual 15-day period shall be shortened
Words, phrases,  Transcripts of stenographic notes
the law through general Legislative history
sentences, taken during a hearing, legislative or extended. (Taῆada vs Tuvera)
consideration of the statute as of the statute
context investigation, or legislative debates
a whole
 Weak aid in interpretation Contemporaneous  Understanding of the law from RULE OF CONSTRUCTION OF SPECIFIC STATUTES
Punctuations  Intelligible meaning of the and practical those who lived at or near the time
Penal statutes strictly construed against the State and liberally in favor of the accused
written word prevails construction when the law was passed
liberally construed because they were enacted by the legislature precisely to improve
 How law is executed through its
Remedial statutes the law and so that they will be in harmony with new ideas and conceptions of justice
administrative agencies (Ex. DOJ,
 Is given greater weight if the and proper conduct of men
DENR, DOLE)
Headings and headings have been prepared Executive what the law grants, the courts cannot deny because it is presumed that the
 Is given more weight if it is Substantive statutes
Marginal Notes by the legislature instead by construction lawmaking body intended right and justice to prevail
rendered by the Chief Legal adviser
compilers Article VI of the New Labor Code – “All doubts in the implementation and
of the government, but still
subservient to the ruling of judiciary Labor statutes interpretation of the provisions of this code, including its implementing rules and
regulations, shall be resolved in favor of Labor.”
 Deserves great weight but cannot
Legislative strictly construed against the taxing authority and liberally in favor of the taxpayer
 Definition and declared Legislative control a against the court’s
definition and EXC: Tax exemptions
construction by the legislature construction prerogative to decide on what is the Tax statues
Interpretation EXC TO EXC: Claimant of tax exemption is a religious, charitable or educational
right or wrong interpretation
institution, or the government itself.
 Followed only when reasonable and
Judicial in harmony with justice and public Insurance statutes strictly construed against the insurer and in favor of the insured
construction policy and consistent with the local Naturalization statutes strictly construed against the applicant and in favor of the State
law Sec. 6, Rule 1 of the Revised Rules of Court – “These rules shall be liberally construed
Rules of court in order to promote their objective and to assist the parties in obtaining just, speedy,
Construction by and inexpensive determination of every action and proceeding.”
 Opinions from members of the legal
the bar and legal strictly construed against the State and in favor of the private individual whose
profession Expropriation statutes
commentators property is being expropriated.
 Local Government Code of 1991 – “Any provision on a power of a local government Exclusively
unit shall be liberally interpreted in its favor, and in case of doubt, any question Previously
Power of local government
thereon shall be resolved in favor of devolution of powers and of the lower local Every each one
government unit.” not favored; legislature is presumed to have used each word in the law carefully; should not be
construed to give effect to the will of the electorate. Mere technicalities should not Surplusages
Election laws interpreted in a way that renders a word superfluous
deprive the will of the people. Punctuations
liberally construed in favor of the child to be adopted in order to promote noble Other examples
Adoption statutes
objectives of the law. Term refers to the period within which a pubic official can lawfully hold office
liberally construed in favor of those who are given amnesty in order to encourage Tenure term within which a person actually held office
Amnesty proclamations those who have not yet applied for amnesty to return to the fold of the law and have
normal lives once again.
Wills should strictly conform to the formalities provided by law. PRESUMPTIONS
must be given a reasonable, not an unduly harsh, interpretation which does not Courts must accord the presumption of the constitutionality to legislative
Corporation statutes hamper the development of trade relations and which fosters friendly commercial enactments, not only because the legislature is presumed to abide by the Constitution
intercourse among statutes but also because the judiciary in the determination of actual cases and controversies
Agrarian statutes liberally construed in favor of the beneficiaries Validity/Constitutionality of must reflect the wisdom and justice of the people as expressed through their
legislative acts representatives in the executive and legislative departments of the government. (NHA
vs Reyes)
LATIN MAXIMS
To arrive at the real meaning, it is always necessary to get Burden of proof is on the person who claims that a statute is unconstitutional.
Mens legislatoris Mind of the legislator an exact conception of the aim, scope and objective of Extrajudicial application of The laws of a nation apply to all its subjects and to all things and acts within its
the whole act. statutes territories.
Where by the use of clear and equivocal language capable Against Ineffectiveness of A statute is understood as extending to all such circumventions, and rendering them
From the words of the
Verbal legis non est of only one meaning, anything is enacted by the Statutes unavailing.
statute, there should be no
recedendum legislature, it must be enforced even though it is absurd In favor of beneficial It is said to be the duty of the judge to make such construction of a statute as shall
departure
and mischievous. operation of statutes suppress the mischief and advance the remedy.
Speech is the indication of GR: Laws cannot have retroactive effect.
Index animi sermo est Against retrospective
the intent EXC: (1) Expressed otherwise; (2) Penal statutes in favor of the accused who is not a
The reason of the law is the operation
Ratio legis est anima legis habitual delinquent
soul of the law. Whenever the language of the Legislature admits two constructions and one would
The law may be harsh but it Against injustice lead to obvious injustice, the courts act upon the view that such a result could have
Dura lex sed lex
is still the law. been intended.
Expressio unius est Expression of one thing is Where great inconvenience would result from a particular construction, such
Express mention is implied exclusion.
exclusio alterius the exclusion of the other Against inconvenience construction was not intended by the makers of the law, unless required by clear and
Where the general terms follow the designation of unequivocal words.
particular things or classes of persons or subjects, the Against absurdity The law does not require what is vain and useless.
general term will be construed to include those things or That construction which will be consistent with the smooth working system of the
persons of the same class or of the same nature as those Against uncertainty
Ejusdem generis Of the same kind or nature system which the statute purports to be regulating should prevail.
specifically enumerated. Apply when: Consistency Statutes are presumed to be consistent with each other.
1. Legislative intent is already apparent Presumed that legislature intended to favor and foster that public policy which is
2. When the specific words are of different genera Public policy
based on the principles of natural justice, good moral and settled principles of law.
3. When there is no uncertainty Acquiescence of judicial When a statute is re-enacted or revised after it has received judicial construction, it is
Two rules: construction presumed that the Legislature intended that construction to continue.
1. Restrictive (People vs Manantan) Foreign laws do not prove themselves in our jurisdiction and our courts are not
2. Permissive (Lopez vs CTA) Foreign Laws authorized to take judicial notice of them. Like any other fact, they must be alleged
A person, object or thing
Casus omissus pro omisso - an omission which the context shows with and proved.
omitted, must have been
habendus est reasonable certainty to have been Every statute must be interpreted and applied, so far as its language admits, as not to
omitted intentionally. Against violation of
unintended, may be supplied, at least in be inconsistent with the comity of nations, or with the established rules of
enactments which are construed international law
international law.
beneficially as distinguished from strictly Repeals by implication are not favored. Two requisites for a repeal is deemed to exist:
Provides that where a particular word or phrase in a Against implied repeals
1.
statement is ambiguous in itself or is equally susceptible
Noscitur a sociis of various meanings, its true meaning may be made clear
and specific by considering the company in which it is SPECIAL OVER GENERAL
found or with which it is associated.
Referring each phrase or expression to its appropriate
Redendo singula singulis Referring each to each
object or let each be put in its proper place
SPECIAL LAW GENERAL LAW
Ad proximum As to coverage A portion of a territory Larger territory
States that a qualifying word or phrase should be
antecedents fiat relation Doctrine of last antecedent
understood as referring to the nearest antecedent As to subject matter Specific Broader
nisi impediator sentential

RULES IN CASE OF CONFLICT BETWEEN GENERAL AND SPECIAL

CONSTRUCTION OF WORDS AND PHRASES
May denotes discretion; cannot be construed as having mandatory effect
1. Harmonize the two statutes.
Shall connotes an imperative and indicates the mandatory character of a statute Rationale: Presumption on consistency which means that laws passed by legislative
Or
are presumed to be consistent with one another.
And
Principally interpreted as primarily (Alfon vs Republic) 2. Special law prevails over general law.
 Special law will be considered as an exception to the general law.

REPEAL is the abrogation or annulling a previously existing law by enactment of a

subsequent statute which:
a. Express repeal - declares that former law by enactment of a subsequent statute
which declares that the former law shall be revoked and abrogated or;
b. Implied repeal – contains provisions so contrary to or irreconcilable with those
of the earlier law that only one of the two statutes can stand in force.

AMENDMENTS means an alteration in the law already existing leaving some parts of the
original still standing.

SUSPENSION merely holds a law in abeyance.

LATER STATUTES PREVAIL OVER EARLIER STATUTES.

Rationale: Legislature is presumed to have knowledge of, and took cognizance of, all prior
enactments that will be affected by the new legislation.

IN PARI MATERIA RULE

When there are different statutes in pari materia (same subject matter), though made at
different times, or even expired and not referring to each other, they shall be taken and
construed as one system and as explanatory of each other.