CHAPTER 3: AIDS TO CONSTRUCTION A. 3.

01 Generally When the meaning of a stature is ambiguous, the court is warranted in availing itself of all legitimate AIDS TO CONSTRUCTION: INTRINSIC AIDS Those found in the printed page of the statute itself EXTRINSIC AIDS Those extraneous facts and circumstances outside the printed page IN GENERAL

3.05 CONTEXT OF THE WHOLE TEXT Best source to ascertain legislative intent is the statute itself Words, phrases, sentences, sections, clauses, provision Take as a whole and in relation to one another Consideration of the whole text of the statute Not from an isolated part or particular version Context -

May circumscribe the meaning of a statute May give a word or phrase a meaning different from its usual or ordinary signification The meaning dictated by the context prevails

3.02 TITLE May indicate the legislative intent to extend or restrict the scope of the law Can be resorted to as an aid when there is doubt meaning of the statute or intention of the legislature Constitutional requirement: Every bill shall embrace only one subject which shall be expressed in the title thereof Art. 6, Sec. 26(1) Makes the title an indispensable part of a statute

Every section, provision, clause must be expounded by reference to each other in order to arrive at the effect contemplated by the legislature Every party of the statute must be taken into view

3.07 PUNCTUATION MARKS Semi-colon Separation in the relation of the thought A degree greater than that expressed by a comma What follows a semi-colon must have a relation to the same matter which precedes it Comma and Semi-colon Used for the same purpose to divide sentences / parts of sentences Difference: Semi-colon makes the division a little more pronounced Not used to introduce a new idea Period -

(Cases 158-159)

3.03 When resort to title no authorized When the text of the statute is clear and free from doubt

Title may be resorted to in order to remove, but not to create, doubt or uncertainty

Indicate the end of a sentence

3.04 PREAMBLE Part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment of the law Whereas clauses (usually) Extensively used in Presidential Decrees Statutes passed by Phil. Commission, Phil. Legislature, National Assembly, Congress, Batasang Pambansa Explanatory Note Not an essential part of a statute Preamble is the key of the statute To open the minds of the lawmakers as to the purpose to be achieved, the mischief to be remedied, and the object to be accomplished, by the provisions of the statute Sets out the intention of the legislature May restrict what otherwise appears to be a broad scope of a law May require, in the commission of a crime, an element not clearly expressed in its text May express the legislative intent to make the law apply retroactively, in which case the law has to be given retroactive effect, so as to carry our such intent Rule of legal hermeneutics punctuation marks aids of low degree; can never control against the intelligible meaning of written words Reason: They are not part of a statute / English language The qualifying effect of a word or phrase may be confined to its last antecedent if the latter is separated by a comma from the other antecedents If the punctuation gives the statute a meaning which is reasonable and in apparent accord with the legislative intent, it may be used as an additional argument for adopting the literal meaning of the words as thus punctuated. However Argument based upon punctuation alone not persuasive Courts will not hesitate to change the punctuation when necessary, to give the statute the effect intended by the legislature, disregarding superfluous or incorrect punctuation marks and inserting others where necessary. 3.08 Illustrative examples (163) 3.09 CAPITALIZATION OF LETTERS Aid of low degree (Examples 165)

3.05 Illustration of the rule (People v Purisima 161)

3.10 HEADNOTES and EPIGRAPHS Headnotes, headings or epigraphs Convenient index to the contents of its provisions Prefixed to sections or chapters of a statute for ready reference or classification Not part of the law Not entitled to much weight Inferences drawn from it of little value Cannot control the plain terms of the enacting clauses Statute divided into several subjects or articles; having respective appropriate headings Presumed: the provisions of each article are controlling upon the subject thereof and operate as a general rule for settling such questions as are embraced therein Rule accepted by most of the authorities: If the chapter or section heading has been inserted merely for convenience or reference, and not as integral part of the statute, it should not be allowed to control interpretation (Example 167)

They cannot assume an intent that is not expressed and then construe the statute as to accomplish the supposed intention. Otherwise, they would pass beyond the bounds of judicial power to usurp legislative power.

3.13 POLICY OF LAW Once ascertained should be given effect by the judiciary Give a statute a construction that will promote public policy Construction that would carry into effect the evident policy of the law adopted in favour of that interpretation which would defeat it

(Example 169)

3.14 PURPOSE OF LAW or MISCHIEF TO BE SUPPRESSED Important factors to be considered in construing a statute: 1. Purpose of the law 2. Mischief intended to be removed or suppressed 3. Caused which induced the enactment of the law Court give the law a reasonable or liberal construction which will best effectuate its purpose Purpose of statute more important than the rules of grammar and logic in ascertaining its meaning To construe it in a manner that disregards or defeats such purpose is to nullify or destroy the law. Statute: lays down a general rule with certain exceptions Purpose of the general rule not determinative of the proper construction to be given to the exceptions

3.11 LINGUAL TEXT Rule: Unless otherwise provided Statute English and Spanish: English In case of ambiguity Spanish may be consulted to explain the English text English or Spanish or Filipino, with translations into other languages Language in which it is written prevails RPC originally enacted in Spanish Spanish text prevails over English Judiciary Act approved in English English text prevails over Spanish 1987 Consti National language of the Philippines Filipino Sec. 20, Book I, Ch. 4 of the 1987 Administrative Code In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specially provided.

3.15 DICTIONARIES Statute: does not define the words or phrases / its purpose or the context does not indicate their meaning Courts may consult dictionaries legal, scientific, general Courts may adopt the ordinary meaning of the words used in the dictionaries The intention of the lawmakers to use statutory phraseology in such a manner always presumed

3.12 INTENT or SPIRIT OF LAW The intent or spirit of law is the law itself. Controlling factor Leading star and guiding light in the application and interpretation of a statute 3.16 CONSEQUENCES OF VARIOUS CONSTRUCTIONS Additional aid to interpretation

The spirit, rather than the letter, of a statute determines its construction, hence a statute must be read according to its spirit or intent. What is within the spirit is within the statute although it is not within the letter thereof, and that which is within the letter but not within the spirit is not within the statute. The intent or spirit of law is expressed in the words thereof. If not expressed in appropriate manner, the courts cannot by interpretation speculate as to an intent and supply a meaning not found in the phraseology of the law.

In construing a statute object: To arrive at a reasonable and sensible interpretation that is in full accord with the legislative intent Construction rejected: Cause injustice or hardship Result in absurdity Defeat legislative intent or spirit Preclude accomplishment of legislative purpose Render certain words or phrases a surplusage Nullify the statute Make its provisions nugatory

3.17 PRESUMPTIONS Based on logic, experience, common sense Presumptions in favor of: Constitutionality of a statute Completeness Prospective operation Right and justice Effective, sensible, beneficial and reasonable operation as a whole Presumptions against: Inconsistency and implied repeal Unnecessary changes in law Impossibility Absurdity Injustice and hardship Inconvenience Ineffectiveness

B. 3.18 Generally

LEGISLATIVE HISTORY

Well-settled rule: Where the statute is susceptible of several interpretations or where there is ambiguity in its language, there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute.

3.19 What constitutes legislative history History of statute All its antecedents from its inception until its enactment into law Period and steps: From the time the bill is introduced until it is finally passed by the legislature Includes: Presidents message (if bill is enacted in response thereto) Explanatory note Committee reports Public hearings Sponsorship speech Debates and deliberations Amendments Changes in phraseology Statute based on or revision of prior statute Previous statutes: Practical application Judicial construction Amendments Contemporary events at the time of its enactment