Professional Documents
Culture Documents
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
Legislative Power authority of Congress to make laws and to alter or repeal them
Judicial Power determine grave abuse of discretion amounting to lack or excess of jurisdiction
on any part of any branch or instrumentality of the government
7 Intrinsic Aids
1. Title subject matter, not controlling and not entitle to much weight
2. Preamble reasons or the objective of the enactment but cannot enlarge or confer powers
3. Words, Phrases and sentences, context Body that contains the substantive context of
the law
4. Punctuation may be used as an additional argument for adopting the literal meaning of the
words punctuated
5. Headings and marginal notes
6. Legislative Definition
7. Interpretation Clauses
Extrinsic Aids
1. Contemporaneous Circumstances conditions present at that time (why enacted)
a. History of the times and conditions existing at the time the law was enacted
b. Previous state of the law
c. Evils sought to be remedied or corrected by law
d. Customs usages of the people
2. Policy general policy
3. Legislative History of the Statue legislative committees, transcript of stenographic notes
4. Contemporaneous and Practical Construction those who lived and acquainted
5. Executive Construction The principle that the contemporaneous construction of a statute
by the executive officers of the government whose duty is to execute it, is entitled to great
respect, and should ordinarily control the construction of the statute by the courts, is so firmly
imbedded in our jurisprudence that no authorities need to be cited to support it. The
construction placed by the officer charged with implementing and enforcing the provisions of
a Code should be given controlling weight.
6. Legislative Construction cannot control as against the courts prerogative to decide on
what is the right or wrong interpretation
7. Judicial Construction followed only if it is reasonable, in harmony with justice and public
policy and consistent with the local law
8. Construction by the Bar and Legal Commentators
Law rule of conduct, just, obligatory, laid down by legitimate authority for the common observance
and benefit
Statutes Parts
1. Title general statement of the subject matter
2. Preamble states the reasons for the enactment
3. Enacting Clause authority that promulgate the enactment
4. Body provisions are allied and germane to the subject and purpose of the bill
5. Exceptions and Provisos acting as a restraint upon or as a qualification of its generality
6. Interpretative, repealing, separability and saving clauses
7. Date of effectivity
Extent of Judicial Power: take possibilities to salvage the valid portions of a statute
Constitution:
- The Constitution is the basic and paramount law to which all other laws must conform and
to which all persons, including the highest officials of the land must defer. NO act shall be
valid, however, noble its intention, if it conflicts with the Constitution. It must ever remain
supreme. Hence, a statute should be interpreted in harmony with the Constitution.
- When the construction is proper, the whole constitution is to be examined in order to
determine the meaning of any provision. That construction should be used which would give
effect to the entire intent of the framers of organic law and of people adopting it, intention to
which force is to be given is that which is embodied and expressed in the constitutional
provisions themselves. A construction which raises a conflict between different parts of the
constitution is not permissible when by reasonable construction, the parts may be made to
harmonize.
- A provision that is complete in itself and becomes operative without the aid of supplementary
and enabling legislation, or which supplies rule by means of which the right it grants may be
enjoyed or protected, is self-executing. Thus, a constitutional provision is self-executing if
the nature and extent of the right conferred and the liability imposed are fixed by the
Constitution itself, so that they can be determined by an examination and construction of its
terms, and there is no language indicating that the subject is referred to the legislature for
action.
Construction of Statutes
1. Penal Statutes liberally construed in favor of the offender because of the laws tenderness
for the right of the individuals. It must be construed with strictness as to carefully safeguard
the rights of the defendant, but may be invoked only when the law is ambiguous, however,
be reasonably applied as not to defeat the true intent and meaning of the enactment found in
the langue actually used.
General Rule: Penal laws are prospective in effect
Exception: may be given retroactive effect if it will be favorable to the accused
Exception to the Exception: if the accused is a habitual delinquent
2. Remedial Statute liberally construed, purpose: to improve the law and so that they will be
in harmony with new ideas and conceptions of justice and proper conduct of men
3. Substantive Statutes these create rights and duties therefore stated in clear and
categorical language, there is no more room for construction or interpretation.
4. Labor Statutes All doubts in the implementation and interpretation of the provisions of the
Labor Code, including its implementing ruls and regulations, shall be resolved in favor of
Labor
5. Tax Statutes construed strictly against the taxing power and liberally in favor of the
taxpayer because tax laws seek to impose burdens upon persons and property
o Tax exemptions are construed strictly against the taxpayers and in favor of the taxing
power because of the Lifeblood Doctrine
6. Naturalization Laws strictly construed against the applicant because the right of an alien
to become a citizen by naturalization is merely a statutory right.
7. Election Laws construed liberally to give effect to the expressed will of the electorate.
Technicalities should not be allowed to prevail against the true will of the people.
8. Adoption Statutes liberally construed in favor of the child to be adopted to promote the
noble objectives of the law
10. Contracts, which are the private laws of the contracting parties, should be fulfilled according
to the literal sense of their stipulations, if their terms are clear and leave no room for doubt
as to the intention of the contracting parties, for contracts are obligatory, no matter what their
form may be, whenever the essential requisites for their validity are present.
11. Insurance Policies - contract of adhesion that in case there is no doubt, must be construed
in their plain, ordinary and popular sense (expressed clearly and in the language and terms
that the general public can readily understand). When the terms of the policy are ambiguous,
should be interpreted strictly and most strongly against the insurer and liberally in favor of the
insured, for the reason that the insured usually has no voice in the selection or arrangement
of the words employed and acting exclusively in the interest of the insurance company.
12. Corporation law must be given a reasonable, not an unduly harsh, interpretation which does
not hamper the development of trade relations and which foster friendship and commercial
intercourse among countries.
13. Agrarian Reform laws all provide for the security of tenure of agricultural tenants.
Agricultural share tenants are given the right of leasehold tenancy as a first step towards the
ultimate statues of owner-cultivator, a goal sought to be achieved by the government program
of land reform.
14. Rules of Court liberally construed in order to promote their objective and to assist the
parties in obtaining just, speedy and inexpensive determination of every action and
proceedings to avoid injustice, discrimination, and unfairness.
15. Expropriation Laws - The exercise of the right of eminent domain is necessarily in
derogation of private rights hence the authority must be strictly construed and watched with
jealous scrutiny. The statutory power of taking property from the owner without its consent is
one of the most delicate exercises of government authority. The inviolable sanctity which all
free constitutions attach to the right of property of the citizens, constrains the strict
observance of the substantial provisions of the law which are prescribed as modes of exercise
of the power, and to protect it from abuse.
16. Wills - Statutes prescribing the formalities to be observed in the execution of a will must be
strictly construed. Failure to comply is a fatal defect. The will, being void, cannot be admitted
to probate. Reason: will is opened after the death of the testator, obviously, his intentions can
only be determined from the document itself.
Mens Testatoris in Testementis Spectanda Est the testators intention is to be
regarded in will.
In Contractibus, Benigna; In Testamentis, Benignior; In Restitutionibus, Benignissima
Intrpretatio Facienda Est. in contract, the interpretation is to be liberal; in will, more
liberal, in restitutions, most liberal
Latin Maxims
Verba Legis Non Est Recedendum From the words of the statue, there should be no departure
Index Animi Sermo Est Speech is the indication of intent. You must not comply anything which is
inconsistent with the words expressly used.
Optima Statuli Interpretatix Est Insum Statutum best interpreter of the statute is the statue itself
Ratio Legis Est Anima the reason of the law is its soul
Verba Intentioni, Non E Contra, Debent Inservire Words ought to be more subservient to the intent,
not the intent to the words
Cessante Ratione Cesat Ipsa Lex when the reason for the law ceases, the law ceases also to
exist
Dura Lex Sed lex the law may be harsh but it is still the law
Cogitationis Poenam Nemo Emeret No man may be punished for his thought
Actus Non Facit Reum Nisi Mens Sit Rea the act itself does not make a man guilty unless his
intention were so
Actus Me Invito Factus Non Est Meus Actus an act done by me against my will is not my act
Ube Lex Non Distinguit Nec Nos Distiguere Debemos where the law does not distinguish, we
should not distinguish
Mens Legislatoris reasonable or liberal construction which will best effect it purpose rather than
one which will defeat it. the literal construction then, has in general, but prime facie preference. To
arrive at the real meaning, it is always necessary to get an exact conception of the aim, scope and
object of the whole act
Expressio Unius Est Exclusion Alterius, the express mention of one thing in a law, as a general rule,
means the exclusion of others not expressly mentioned, which is based upon the rules of logic and
the natural workings of the human mind. The law leaving no doubt as to the scope of its operation,
must be obeyed.
Cassus Omissus Pro Omisso Habbendus Est a case omitted is to be held as intentionally omitted
Noscitur a Sociis where a particular word or phrase in a statue is ambiguous in itself or is equally
susceptible of various meanings, its true meaning may be made clear and specific by considering
the company in which it is found or with which it is associated
Ejusdem Generis when general follow the designation of particular things, or classes of persons
or subjects, the general words will usually be construed to include only those persons or things of
the same class or general nature as those specifically enumerated. Applies only where the specific
words preceding the general expression are of the same nature. Where they are of different genera,
the meaning of the general words remain unaffected by it connection with them
Casus Omissus Pro Omisso Habendus Est a person, object or thing omitted, must have been
omitted intentionally words plainly should not be added by implication into a statue unless it is
necessary to do so to give the language sense and meaning in its context
Casus Omissus (Permissive Rule) - an omission which the context shows with reasonable certainty
to have bee unintended, may be supplied, at least in enactments which are construed beneficially
as distinguished from strictly
Generalia Verba Sun Generaliter Intelligencia what is generally mentioned shall be generally
understood
Ad Proximum Antecedens Fiat Relatio Nisi Impediatur Sententia (Doctrine of Last Antecedent) -
relative words must ordinarily be referred to the last antecedent, the last antecedent being the last
word which can be made an antecedent so as to give a meaning.
Uti Loquitor Vulgus in dealing with matters relating to the general public, statutes are presumed to
use words in their popular sense.
When the word used has a technical meaning considered to have been used in technical sense
When the word used has no meaning in harmony with the legislative intent can be treated as
surplusage and the may be entirely ignored, however, the courts should construe the statute in its
entirety and find out if the words used can still admit a reasonable construction which will give them
force and meaning
When the word or phrase is repeatedly used in statute shall receive the same interpretation
when used in every other part of the statute, unless a different meaning is intended
OR disjunctive term, alternative, various members of the sentence are to be taken separately
AND conjunctive term, members of a sentence are to be taken jointly, in addition to, be accepted
as binding together and as relating to one another.
SHALL ordinarily connotes an imperative and indicates the mandatory character of a statute.
However, not an absolute rule, the import of the word ultimately depends upon a consideration of
the entire provision, its nature, object and consequences that would follow from construing it one
way or the other
MAY denotes discretion, permissive and it operates to confer jurisdiction, connotes possibility,
auxiliary verb indicating liberty, opportunity, permission
ALL, EVERY and ANY used in its universal sense or in its comprehensive sense, Every
means each one of a group without exception. It means all possible and all taken one by one.
The word TERM describes the period that an officer may hold office and upon the expiration of
such terms, his rights, duties and authority as a public officer must cease.
AND SO FORTH and AND THE LIKE refers to those similar to what is enumerated or
mentioned preceding of the phrases
Implied Repeal - which contains provisions so contrary to or irreconcilable with those of the earlier
law that only one of the two statutes can stand in force
'Amendment' of a statute means an alteration in the law already existing leaving some parts of the
original still standing
CIVIL CODE PROVISION - Article 7. (l) "Laws are repealed only by subsequent ones, and their
violation and non-observance shall not be excused by disuse or custom or practice to the contrary."