Statutory Construction is the act of finding the intention of

legislature in enacting a statute and of applying it to a given

state of facts.

Construction and Interpretation, Distinguished.

Interpretation is said to be the act of finding the true sense and

meaning of words whereas Construction is the drawing of
conclusions respecting subjects that lie beyond the direct
expressions of a text (Bloomer v. Tood 1 LRA) (Bouviers Law
Dictionary 8th Edition page 647)

In other words, one who "interprets" does not go outside of the

context of the statute while one who "construes" has to go
outside the language of the statute and seek the help of
extrinsic aids. However, the distinction between this to is of little
or no practical value. The courts have treated these two terms
as synonymous (US vs. Keitel, 211 US p.370)

Legal Hermeneutics - the branch of science which establishes

the principles and rules of interpretation and construction of
written laws. The application of the said principles and rules is
termed as exegesis (Lieber, Ibid. p.11)
By the phrase "Legal Hermeneutics" it is understood as the
systematic body of rules which are recognised as applicable to
the construction and interpretation of legal writings.

WHO HAS THE AUTHORITY TO CONSTRUE LAW:

The duty and power to interpret or construe a statute or the
constitution belongs to the judiciary (Section 4 par. 2 Article 8)
It is the court which has the final say as to what the law means.

The power to construe is essentially judicial.

The power to construe is essentially judicial.
To declare what the law shall be is a legislative power but to
declare what the law is or has been is judicial. (Fleet vs.
Nickerson 54 LRA p.554)

It is the duty of the courts to construe statutes for purpose of

determining whether a particular act or omission falls under
their intended scope or prohibition. (Robson vs. Cantrell 141 S.E.,
p.180)

But this duty may not, under the guise of interpretation be

expanded to include the power to modify, amend, re-model, or re
write a statute. This would not be construction anymore but
judicial legislation - a usurpation of the power of the legislature.
(50 Am. Jur., pp. 213-214)

Neither should the court construe provisions of a statute other

than those involved in the case before it. The duty to construe
should be exercised only on real and actual controversies (Ibid.,
p.198)

Illustrative case:
CANET V DECENA G.R. No. 155344, January 20, 2004

Rolando Canet was a cockpit operator in Bula, Camarines Sur

while Julieta Decena was the mayor therein. In 1998, Canet, by
virtue of a council resolution, was allowed to operate a cockpit in
Bula. In 1999, the Sangguniang Bayan passed Ordinance 001
entitled An Ordinance Regulating the Operation of Cockpits and
Other Related Game-Fowl Activities in the Municipality of Bula,
Camarines Sur and Providing Penalties for any Violation to (sic)
the Provisions Thereof. This ordinance was submitted to Decena
for her approval but she denied it because the said ordinance
does not contain rules and regulations as well as a separability
clause. The council then decided to shelf the ordinance
indefinitely.
Meanwhile, Canet applied for a mayors permit for the operation
of his cockpit. Decena denied Canets application on the ground
that under the Local Government Code of 1991 (Section 447 (a)
(3) (v)), the authority to give licenses for the establishment,
operation and maintenance of cockpits as well as the regulation
of cockfighting and commercial breeding of gamecocks is vested
in the Sangguniang Bayan. Therefore, she cannot issue the said
permit inasmuch as there was no ordinance passed by the
Sangguniang Bayan authorizing the same. Canet then sued
Decena on the ground that he should be given a permit based on
the 1998 resolution allowing him to operate a cockpit as by virtue
of local municipal tax ordinances which generally provide for the
issuance of a mayors permit for the operation of businesses.
ISSUE: Whether or not Decena can be compelled to issue a
permit sans a municipal ordinance which would empower her to
do so.
HELD: No. To compel Decena to issue the mayors permit would
not only be a violation of the explicit provisions of Section 447 of
the Local Government Code of 1991, but would also be an undue
encroachment on Decenas administrative prerogatives. Further,
the 1998 resolution allowing Canet to operate cockpits cannot be
implemented without an ordinance allowing the operation of a
cockpit (ordinance vs resolution). The tax ordinances Canet
mentioned contain general provisions for the issuance of business
permits but do not contain specific provisions prescribing the
reasonable fees to be paid in the operation of cockpits and other
game fowl activities.

FACTS: A businessman applied for permit to operate and maintain a

cockpit. But the mayor refused because there is no ordinance empowering
her to do so.

Contention of the businessman: He invokes a resolution authorizing him

to operate a cockpit and a municipal tax ordinance providing for issuance of
a mayors permit to operate businesses.

Contention of the mayor: The mayor refused. Under the Local

Government Code of 1991, the authority to give licenses for the
establishment, maintenance and operation of cockpits pertains to the
Sanggunian. Also, there is no ordinance authorizing her to do so.

ISSUE:
Can the municipal mayor be compelled to issue business permit in the
absence of ordinance empowering her to do so?

HELD:

No. While there is a resolution allowing her to operate a cockpit, there

is no ordinance giving her similar authority.

The municipal tax ordinance contains general provisions for issuance

of business permits but it is a short on specifics prescribing
reasonable fees for cockpit operation.

The ordinance providing these specifics was withdrawn by the

Sanggunian.

Otherwise, to compel the mayor to issue permit not only violates

Section 447 of the Local Government Code but also encroaches on the

mayors administrative prerogatives.

Since cockpit operation was not enumerated in the ordinance, it is

excluded. The legislature would not have enumerated those covered if
it did not intend to limit.

Express mention of one thing, person, act or consequence exclude the

others: Expressio unius est exclusion alterius.

What is expressed puts an end to what is implied.

Expressium facit cessare tocitum

An omission at the time of enactment, whether careless o calculated,

cannot be judicially supplied even if wisdom recommends it.

If there is a legislative gap caused by omission, the judiciary cannot fill that
gap. Otherwise, it results in judicial legislation.
QUESTION OF LEGISLATIVE WISDOM:

Courts cannot pass upon questions of wisdom, justice or expediency of

legislation.
For a long as laws do not violate the constitution, the court are limited to
interpret and apply them, whether or not they are wise or

salutary.

Judicial non-interference on question of legislative wisdom.

Courts cannot pass upon questions of wisdom, justice or expediency of
legislation.
For as long as laws do not violate constitution, the courts are limited to
interpret and apply them, whether or not they are wise and

salutary.

LEGISLATURE CANNOT BIND COURTS TO A PARTICULAR

CONSTRUCTION OF AN EXISTING LAW

The legislature, at times has attempted to direct the courts as

to the construction to be placed upon its enactments by means
of declaratory and expository act. The better rule on this point is
that the LEGISLATURE CANNOT BIND COURTS TO A
PARTICULAR CONSTRUCTION OF AN EXISTING LAW, unless the
declaratory act amounts to prospective operation. (Crawford,
Statutory Construction, Sec. 180 p. 300)

THE LEGISLATURE CANNOT DECLARE THAT THE STATUTE IT

HAS PASSED SHALL BE SO CONSTRUED AS NOT TO VIOLATE A
CONSTITUTIONAL INHIBITION (Endencia vs. David, 93 Phil. 696)

EXECUTIVE CONSTRUCTION OF STATUTES

Under proper circumstances, some aid may be derived from
executive construction of statutes(42 Am. Jur., p.392) like the
opinion of the Secretary of Justice, Interpretative regulations by
officers, Administrative agencies, Department heads and others
officially charged with the duty of administering or enforcing a
statute carries a great weight in determining its operation.
(Sutherland, Statutory Construction, 3rd. Ed., p.716)
-Executive construction, though often accepted by the judiciary,
however is not binding upon the courts.

Administrative interpretations should be given weight

Courts should respect the contemporaneous construction of
statute by the executive officers who enforce it.

Although the construction put by the executive branch of the

government on a particular law is not necessarily binding upon
the courts, it must be given some weight as it comes from that
branch of the government called upon to implement the law.
(Fabio vs. Ganzon L-11664, March 15,1961)

CONSTRUCTION OF STATUTE WHERE PART OF IT IS VOID

The rule is: Where part of a statute if void while the other part is
valid, the valid portion, if separable from the invalid, may stand
and be enforced. But in order to do this, the valid portion must
be so far independent of the valid portion that it is fair to
presume that the legislature would have enacted it by itself if
they had supposed that they could constitutionality enact the
other.
-Enough must remain to make a complete, intelligible and valid
statute which carries out the legislative intent.
-The void provisions must be eliminated without affecting the
main purpose of the Act in a manner contrary to the intention of
the Legislature

The language used in the invalid part of the statute can have no
legal force or efficacy for any purpose and what remains must
express the legislative will independently of the void part, since
the court has no power to legislate. (Barracuda vs, Moir, 25 Phil
44)

PURPOSE OF CONSTRUCTION
The sole purpose of statutory construction is to ascertain the
meaning and intention of the legislature so that the same may
be enforced.
Legislative Intent - is the vital part, the heart, the soul and the
essence of the law. (50 Am. Jur., p.200)

Hence, every technical rule of construction is dependent upon

and must yield to the expression of the paramount will of the
legislature.

The value of the rules of construction rests on their use as aids

to the court in better ascertaining legislative intent. (State vs.
South Kingson, 22 LRA p. 65)
"The intention of the legislature must be ascertained and given"

Legislative intent

Legislative intent for construction purposes does not mean the

collection of the subjective wishes, hopes and prejudices of
each and every member of the legislature but rather the
"OBJECTIVE FOOTPRINTS LEFT ON THE TRAIL OF LEGISLATIVE
ENACTMENT." (2 Sutherland, Statutory Construction, 3rd ed.,
p.322)

It may be speculated about, but it can only be discovered by a

history of the statute's enactment, the evil which the legislature
aimed to prevent or cure thereby and other like circumstances.
To look instead to the individual meaning attached to it by each
legislator when he voted in favour of the statute is to disregard
the realities of legislative procedure. (Ibid., quoting Lands, "A
Note on Statutory Construction pp. 507-508)

An interpretation which gives effect to the intent of the law and

is keeping with the modern trend of similar statutes should be
followed.

Every statute must receive a construction which will harmonise

with the pre existing body of laws.

A statutory provision is deemed enacted pursuant to the

legislative policy embodied in prior statutes relating to the same
subject matter

Courts must give effect to the general legislative intent that can
be discovered from or is unraveled by the four corners of the
statute and in order to discover said intent, the whole statute
and not only a particular provision thereof, should be considered

Legislative intent distinguished from legislative purpose

The result of the combined application of purpose and meaning

is the legislative intent.

SCOPE OF THE APPLICATION OF THE RULES OF CONSTRUCTION

A statute is not open to construction as a matter of course. It is
open to construction only where the language is ambiguous or
where it will admit of two or more constructions or is of such
doubtful or obscure meaning, that reasonable minds might be
uncertain or disagree as to its meaning. (50 Am. Jur.,
pp.204,205)

Where the language of a statute is plan, clear and definite, there

is no need to resort to the rules of statutory construction. An
ambiguous statute is to be applied, not to be interpreted since it
already speaks for itself. Any attempt to make it clearer is a
futile endeavour and will only give rise to obscurity.

Ambiguity
has been defined as doubtfulness, doubleness of meaning or
indistinctness or uncertainty of meaning of the expression used
in a written instrument.

A statute is ambiguous where some of the words used therein

may refer to several objects and the manner of their use does
not disclose the particular object to which the words refer.

An ambiguous provision should be strictly construed against the

party who caused the same.

RULES OF CONSTRUCTION NOT MANDATORY UPON COURTS

unless expressly provided by statutes, rules of statutory
construction are not mandatory upon courts which have
gradually developed them into a complete and detailed system.

THE SUBJECTS OF CONSTRUCTION MAY BE DIVIDED INTO FOUR

GROUPS
1. Constitution
2. Statutes
3. Resolutions
4. Ordinance

Constitution (general) - body of rules and maxims in accordance

with which the powers of sovereignty are habitually exercised.
(Cooley, Const. Limitations, p.4). It is the fundamental law of the
land to which all other laws must conform.

With particular reference to the Constitution of the Philippines -

it is a written instrument by which the fundamental powers of
the government are established, limited, and defined and by
which these powers are distributed among the several
departments for their safe and useful exercise for the benefit of
the body politic

NATURE OF CONSTITUTION
a constitution is not the origin of private rights, neither is it the
grantor of any right, not the beginning of government. It only
recognised and declares the inherent rights or pre existing
rights and prerogatives of a free people; it sets up the
framework of the governmental machinery. Its contents are the
reflections of pre existing condition of laws, rights, habits, and
modes of thought

CONSTITUTION DISTINGUISHED FROM STATUTE

Constitution lays down general principles and the foundation of
government whereas a statute has to set in detail its purposes
or the subject matter of which it treats. Whereas a constitution
is of a relatively permanent character; statutes are tentative, in
the nature of temporary expedients

COMMON PARTS OF THE CONSTITUTION(3 sets of provisions)

1. Constitution of liberty - is the set of prescriptions setting forth
the fundamental civil and political rights of the citizens with
correlative limitations on the power of government as a means
of securing the full enjoyment of those rights
2. constitution of government - is a set of provisions setting up
the governmental framework
3. constitution of sovereignty - a provision or set of provision
prescribing the procedure for sending the constitution

KINDS OF CONSTITUTION
1. UNWRITTEN - is one whose provisions have not been reduced
to writing and formally embodied in a single document or set of
documents. It consists largely of a mass of customs, usages and
judicial decisions together with a few legislative enactments of
a fundamental character.
2. WRITTEN - is one the provisions of which are embodied in a
single formal document or set of documents. It is the product of
a deliberate effort to lay down the fundamental principles in
accordance with which the government shall be organised and
conducted (Garner, Political Science)

3. CUMULATIVE - is one whose origin lies mainly in customs,

common law, judicial decisions and the like. it is the product of
evolution and growth, rather than of a deliberate and formal
enactment.
4.CONVENTIONAL- (enacted constitution) is one which has been
formulated either by a constitutional convention or by a royal
proclamation
5. RIGID - if it legally stand over and above ordinary laws and
which may be amended only through proceedings different from
the ordinary legislative proceedings
6. FLEXIBLE - it has no more legal forces and authority than
ordinary legislative enactments. It may be amended at anytime
through ordinary legislative proceedings.

STATUTE - is the written will of the legislature solemnly

expressed according to the forms necessary to constitute a low
of the state. it is an expression of the public will and a mandate
of the people acting though their representatives

STATUTE LAW has been used interchangeably with the term

statute and has been held to mean the same thing. Statute law,
however is a broader term as it included not only statutes but
also the judicial interpretation and application os such statutes.

ENACTMENT OF STATUTES IN GENERAL

to become a law, a bill must be acted upon a validly constituted

body in a prescribed manner or procedure.
the enactment of laws in our jurisdiction is subject to certain
well defined constitutional limitations. Thus, no bill may be
enacted into law which shall embrace more than once subject
which shall be expressed in the title of the bill (New
constitution, Art.8 sec 19(1))

The purpose of this requirement is to prevent log-rolling

legislation; to prevent surprise or fraud upon the legislature and
to fairly apprise the people of the subjects of legislation being
considered so that they may have the opportunity of being heard
thereon, if they shall so desire (Cooly, Const. Limitations, 6th
Edition p.172)

Codifications and revisions of the statutes do not offend against

the constitutional provision that "no bill which may be enacted
into law shall embrace more than one subject which shall be
expressed in the title of the bill"

PARTS OF A STATUTE

Title - the part which announces the subject of the bill. the
purpose of a title is to give general statement of and to call
attention to the subject matter of an act. it may also be used for
identification. The title is used as a guide to ascertain the
legislative will when the language of the act does not clearly
express its purpose

Preamble - that part which follows the title and precedes the
enacting clause. The preamble explain the reasons for the
enactment and the objects sought to be attained thereby. A
preamble neither creates nor grants any right, nor is it the
source of any government power.

Enacting Clause - that part of the bill immediately preceding the

body of the statue and which identifies the bill as an act of
legislation by expressing the clause does not invalidate a
statute unless there is an express constitutional requirement.
There is no such requirement in the Philippine Constitution;
however our congress has by legislative custom and practice
been using an enacting clause in its bill

Body - the principal portion of the bill embodying the substance

of the right or remedy provided for

Date of effectivity - that portion which provides for the time

when the law shall take effect.

CLASSIFICATION OF STATUTES

general law is one which affects all of the people of the state or
all persons or things of a particular class. It operates equally to
all persons in the same category. RA 1161, otherwise known as
the social Security Act is a good example of a general law

Special law is one which relates either to a particular persons or

things or to particular persons of a class instead of all the class.
It is limited in scope or confined to a prescribed field of action
or operation.
A statute which relates to persons or things as a class is a
general law whereas; a statute which relates to a particular
persons or things of a class is a special law.

Laws granting certain individuals franchises to construct,

maintain and operate radio broadcasting stations are considered
special acts

A local law is one which operated over a particular locality

instead of over the whole territory of the state. It applies to any
subdivision or subdivisions of the state less than the whole. The
law changing the name of Tayabas to Quezon Province is a local
law

PUBLIC AND PRIVATE LAWS

a public law is one which concerns the interests of the public at

large. It need not be a universal rule, in the sense that it applies
to the entire territory of to all the people. It is enough that it
concerns the public and not merely a private interest, although
it is local or special. The anti-Subversive act is a good example
of a public law.

A private law is one which relates to, concerns and affects

particular individuals. Private acts specially enumerate by name
the person, political subdivision or classes of persons affected
in a special manner. The law giving pensions to the widows of
former Presidents of the Phils is a private act.

If a statute is essential to the orderly determination of

relationships, generally, it is public even if its application is
limited to a narrow class; but if it is temporary in operation,
limited in scope and applicable to only one or at most a few
persons, it is probably private.
Affirmative and Negative statues

An affirmative statute is one which is expressed i n affirmative

terms. An affirmative statute is generally cumulative; one where
an existing right or remedy is continued and a new one is
created. The individual has then, the option of pursuing the
previous right or remedy or the new one.
Example: RA 1586 - granting the life pensions to the Auditors
General and Members of the Commission on Elections upon their
retirement

A negative statue is one which is expressed in negative terms. -

In terms of prohibition. It repeals by implication prior
inconsistent legislation.

In come cases, were is what is termed as an implied negative

rule in statutes which are intended to prescribe the only rule to
be observed. For instance, where a statute creates a right and
also provides the remedy, such remedy is exclusive; it implies
the negation of any other remedy. This is particularly true in
criminal statutes creating an offence and prescribing the
penalty or procedure

PROSPECTIVE AND RETROSPECTIVE

a prospective statue is one which anticipates the regulation of

future conduct; such statutes operates upon acts done and
transactions occurring after it takes effect. Laws providing for
the retirement of public officers upon reaching a certain age
limit is a good example

Retrospective statute affects acts already committed and

operates on transactions completed. It is intended to affect
rights which accrued before it became operative and ascribes to
their effects not inherent in their nature considering the law in
force at the time they accrued.
Example
RA 1079 - making permanent the status of eligibility of civil
service eligibles and extending the benefits of the law to those
persons whose eligibility had expired prior to the approval of the
law. (2) The Bar Flunkers Bill

Mandatory and Direct

Mandatory if noncompliance therewith renders the proceedings

to which it relates null and void. This is so because a mandatory
statute or provision generally relates to the essence of the thing
to be performed or to the matters of substance
Example - Section 135 of the RPC providing that the voter shall
fill his ballot by writing in the proper space for each office the
name of the person for whom he desires to vote is held to be
mandatory

It is a general rule that those provisions of a statute relating to

the assessment of taxes which are intended for the security of
the citizen or to insure the quality of taxation or for certain as to
the nature and amount of each person's tax are mandatory; but
those designed merely for the information or direction of officers
or to secure methodical and systematic modes of proceedings
are merely directory(Roxas vs. Rafferty 37 Phil 958)

A statute or any of its provisions is directory if non compliance

therewith does not invalidate the proceedings to which it
relates. It generally refers to mere matters of form or procedure
intended for convenience
Example: Section 177 of the Revised Election Code which
requires the trial court to decide a protest within six months or
one year from its filing is considered directory

THE MANDATORY NATURE OF A LEGAL PROVISION MAY BE

DETERMINED NOT ONLY FROM THE LANGUAGE OF THE STATUTE
BUT ALSO FROM THE APPARENT LEGISLATIVE INTENT BEHIND
THE ENACTMENT

Remedial statutes are those which afford a remedy, or improve

or facilitate existing remedies for the enforcement of rights and
of the redress of injuries; they included statutes intended for the
correction of defects, mistakes and omissions in the civil
institutions and the administration of the state.

Penal statutes are those which impose a punishment for the

violation of its provisions. Such statutes generally define certain
acts or omissions to be offences against the state and impose
penalties thereon

A STATUTE MAY BE BOTH REMEDIAL AND PENAL AS WHERE IT

PROVIDES PUNITIVE COMPENSATION TO AN INJURED PARTY
AND AT THE SAME TIME DEFINE THE WRONG AND THE
PUNISHMENT

Curative statues are those which are enacted to cure defects in

a prior law or to validate legal proceedings, instruments or acts
of public authorities which without such statutes would
otherwise be void for want of conformity with certain existing
legal requirements. They are called legalizing acts.
Example(Act 2334 provides that certain provision of the
Cadastral Act shall apply to the compulsory registration
proceedings theretofore instituted under the provisions of
Section 61 of Act 926. This act does not venture to confer
jurisdiction upon the courts to entertain compulsory registration
proceedings.

THE LEGISLATURE HAS NO POWER TO MAKE A DECREE OR

JUDGMENT BUT THE LEGISLATURE HAS POWER TO PASS
HEALING ACTS WHICH DO NOT IMPAIR THE OBLIGATIONS OF
CONTRACTS NOT INTERFERE WITH VESTED RIGHTS.
they are remedial by curing defects and adding to the means of
enforcing existing obligations

PERMANENT AND TEMPORARY STATUTES

permanent is one whose operation or effectivity is not limited to

some particular term or period but continues until repealed or
amended

temporary statue is one whose operation or effectivity is limited

to a fixed period or term. it continues in force up to the
expiration of said period or term unless earlier repealed or
amended. Example is The Emergency Powers Act (Com. Act 671)
The House Rental Law (Rep Act 66)

ORIGINAL AMENDATORY AND REPEALING STATUTES

an original is one which purports to be independent of existing

statutory provision. it may add to or supplement existing
legislation. establish new and inconsistent procedures which by
the doctrine of implied repeal may supersede and repeal the
existing law but so long as it does not expressly repeal or amend
the latter, it will be considered as an original act for
constitutional purposes

amendatory is one which expressly adds to or supplements or

works out an improvement in the original law. Strictly speaking
it is an independent statute. if a section of a statute is amended,
the original ceases to exist and a new section supersedes it

Repealing statue is one which revokes or terminates another

statute. The effect of every act is in part repealing but only
when it specifically and exclusively purports to repeal a former
statute will courts consider it as repealing for constitutional
purposes
PERMISSIVE PROHIBITIVE AND PERCEPTIVE STATUTES

permissive are those which allow certain acts or omission

especially those injurious of the rights of others

prohibitive are those which forbid the doing of certain things

which are injurious to the public

preceptive are those which command the doing of certain things

and at the same time prescribe the manner or form or
performance

ADOPTED AND RE ENACTED STATUTES

adopted are those of a state which are adopted wholly or in part

b another state; they are enacted as statutes of the adopting
state.

re enacted are pre existing statutes which are passed by the

same legislature which originally enacted them in the same
terms or in substantially the same language and for the same
purpose and object as the original statute