8 |STRICT & LIBERAL CONSTRUCTION & INTERPRETATION

OF STATUTES
GENERAL PRINCIPLES

Statutes strictly construed

o nothing should be included within the scope that does not come clearly
o
o

within the meaning of the language use

language must be given its exact and technical meaning
not applicable if statute is certain and unambiguous

Statutes liberally construed

o Meaning of statute may be extended to matters which come within the
spirit or reason of the law or within the evils which law seeks to
o

suppress or correct
Cannot be given a meaning inconsistent with language used by
legislature

Sutherlands guidelines on whether statute or some of its provisions should

be liberally or strictly construed
o The former law on the matter
o Persons or rights with which it deals
o Letter or language of the law
o Purpose and objects of statutes

PENAL STATUTES

Construed strictly against the state and in favour of the accused

o Construction subject to scrutiny and to construe it with strictness as to
o

safeguard the rights of the accused

Acts in and of themselves innocent and lawful cannot be held to be
criminal unless there is a clear and unequivocal expression of the

legislative intent to make them such

PRINCIPLES
o Penal Statutes should be construed strictly against the State and in
o

TAX LAWS

favour of the accused

Penal laws are liberally in favour of the accused

General Rule: power to tax is an incident of sovereignty and is unlimited in its

range, acknowledging in its very nature no limits, so that security against its
abuse is to be found only in the responsibility of the legislature which

imposes the tax on the constituency who are to pay it

The power to tax involves the power to destroy
o Destructive power which interferes with the personal and property
rights of the people and takes from them a portion of their property for

the support of the government

Power to tax vested in Congress; may be exercised by local legislative bodies
PRINCIPLES
o In case of doubt, tax statutes are to be construed strictly against the
government and liberally in favour of the tax payer, for taxes, being
burdens, are not presumed beyond what the applicable statute
o

expressly and clearly declares

Any claim for exemption from a tax statute is strictly construed against
the taxpayer. However, where the law is clear and unambiguous, the

law must be taken as it is, devoid of judicial addition or subtraction

Tax exemption must be strictly construed against the taxpayer and

o
o

liberally in favour of the state

Tax exemption strictly construed against the taxpayer
Statutes granting tax exemptions must be construed in strictissimi juris
against the tax payer and liberally in favour of the taxing authority. In
construing a statute, it is the duty of courts to seek the real intent of
the legislature, even if, by so doing, they may limit the literal meaning

of the broad language

Naturalization laws should be rigidly enforced and strictly construed in
favour of the government and against the applicant

INSURANCE LAW

PRINCIPLE: Contracts of Insurance are to be construed liberally in favour of

the insured and strictly against the insurer

LABOR & SOCIAL LEGISLATIONS

Liberal construction and interpretation of labor laws may not be applied

where the pertinent provisions of the Labor Code and PD 626 are clear and

leave no room for interpretation

PRINCIPLES
o The official agents charged by the law to implement social justice
guaranteed by the Constitution should adopt a liberal attitude in favour
o

of the employee deciding claims for compensability

Doubts in interpretation of Workmens Compensation and Labor Code

o
o

should be resolved in favour of the worker

Social legislation is liberally construed
Sympathy of law on social security is towards beneficiaries and law by
its own terms, requires a construction of utmost liberality in their
favour

RETIREMENT LAWS

PRINCIPLE: Liberally interpreted in favour of the retiree because the

intention is to provide for the retirees sustenance and comfort, when he is no
longer capable of earning his livelihood

ELECTION RULES

PRINCIPLE: Statutes providing election contests are to be liberally construed

to the end that the will of people in the choice of public officer may not be
defeated by mere technical objections

RULES OF COURT

PRINCIPLES
o Liberally construed in order to promote their objective of securing a
just, speedy and inexpensive disposition of every action and
proceeding
o

COMELEC rules on procedure shall be liberally construed in order to promote

the effective and efficient implementation of the objectives of ensuring the
holding of free, orderly, honest, peaceful, and credible elections and to
achieve just, expeditious and inexpensive determination and disposition on
every action and proceeding brought before the Commission

9 |PROSPECTIVE & RETROSPECTIVE STATUTES

GENERAL PRINCIPLES

Prospective Statues
o Operates upon acts and transactions which have not occurred when
statute takes effect
o Regulates the future
Retrospective
o One which takes away or impairs vested rights acquired under existing
o

laws
Creates new obligations and imposes new duties or attaches new

disabilities in respect of transaction already past

Statutes operate prospectively only and never retrospectively, unless the
legislative intent to the contrary is made manifest expressly/impliedly
Retrospective Statutes prohibited by Constitution
o law impairing obligations of contracts
o ex-post facto law/ bill of attainder
Retroactive legislation is looked upon with disfavour because of its tendency
to be unjust and oppressive. Thus, laws impairing vested rights are not given
retrospective application

PENAL STATUTE

Applied prospectively. Felonies and misdemeanours are punished under the

laws in force at the time of their commission

Applied retroactively if favourable to the accused who is not a habitual
criminal

PROCEDURAL LAWS

Statutes regulating procedure of the Court will be construed as applicable to

actions pending and undetermined at the time of their passage

(Retrospective in that sense; to that extent)

Should not be given retroactive effect if it would result in great injustice and
impair substantive right

CURATIVE STATUTES

Undertake to cure irregularities and admin proceedings

Give effect to contracts and transaction between private parties which

otherwise would fail of producing their intended consequences by reason of
some statutory disability or failure to comply with some technical
requirement

Retroactive in character

PRINCIPLES

Question of whether statute operates retrospectively or only prospectively

depends on legislative intent

As a rule, laws cannot be given retroactive effect in absence of a statutory

provision for retroactivity or a clear implication of the law to that effect

All statutes are to be construed as having only a prospective operation unless
the purpose and intention of legislature to give them retrospective effect is

expressly declared or necessarily implied from language used

Law should only be applied prospectively unless legislative intent to give

them retroactive effect is expressly declared or necessarily implied

Penal laws shall have retroactive effect insofar as they favour person guilty of

a felony who is not a habitual criminal

Insofar as RA 8294 is not beneficial to the accused because it unduly
aggravates the crime, such new law will not be given retroactive application,

lest it acquire the character of an ex post facto law

Procedural Laws are retrospective
Statutes regulating procedure of the courts will be construed as applicable to

actions pending and undetermined at the time of their passage

Sec 1, Rule 39, of 1997 revised rules on procedure should not be given

retroactive effect in this case as it would result in great injustice to petitioner

Procedural Provisions of the Local Government Code are retrospective
Curative statutes are validly accepted in this jurisdiction subject to the usual

qualification against impairment of vested rights

Curative statutes have retrospective effect
The beneficent provisions of RA No. 7659 (heinous crimes law) shall be given
retrospective effect

10 |CONFLICTING STATUTES
EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE

When conflicting clauses and provisions arise (provision in earlier chapter

contradicts a section in later chapter), the statute must be construed as a

whole
Care should be taken that every part thereof be given effect on theory that it
was enacted as integrated measure and not hodge-podge of confliction

provisions
Construction that would render provision inoperative should be avoided
Inconsistent provisions should be reconciled whenever possible as parts of
coordinated and harmonious whole

STATUTES IN PARIE MATERIA

Statutes relate to same subject matter/ same class of persons or things/

same purpose or object

Construed together each act interpreted with reference to other acts

relating to same subject

Even if statutes have not been enacted simultaneously and do not refer to

each other expressly or repealed, expired, unconstitutional, invalid

If statutes of equal theoretical application to a particular case cannot be
reconciled, statute of later date must prevail being a later expression of

legislative will
Effort must be exerted to avoid conflict between statutes
Repeal of laws by implication are not favoured, and the mere repugnancy
between two statutes should be very clear to warrant the Court in holding
that the later in time repeals the other

GENERAL AND SPECIAL STATUTES

Statutes treating subject in general terms & another treating part of the same
subject in particularly detailed manner: give effect to both if possible; if

irreconcilable general statutes give way to special/particular provisions as

an exception to general provisions

Even if general statute is a later enactment of legislature and broad enough
to include the cases in special law unless there is manifest intent to repeal or
alter the special law

STATUTE AND ORDINANCE

If both statute and ordinance can stand together, effect should be given to

both.
If there is conflict, ordinance must give way
An essential requisite for a valid ordinance is, among others, that it must not
contravene the statute

RESTATEMENT OF THE RULE

It is presumed that legislature, in drafting and enacting statute, had full

knowledge and took full cognizance of all existing laws on the same subject
When confronted with apparently conflicting statutes, courts should
endeavour to reconcile the same instead of declaring outright the invalidity of

one against the other

The wise policy is for the judge to harmonize them if this is possible, bearing
in mind that they are equally the handiwork of the same legislature, and so
give effect to both while at the same time also according due respect to a
coordinate department of the government

PRINCIPLES

In case of conflict between the previous article and later article, the latter will

prevail
Whenever two statutes of different dates and of contrary tenor are of equal
theoretical application to a particular case, the statute of later date must

prevail being a later expression of legislative will

A special law prevails over a general law regardless of their dates of passage,
and the special law is to be considered as remaining an exception to the

general law
A special law must be intended to constitute an exception to the general law
in the absence of a special circumstances forcing a contrary conclusion

When Courts are confronted with apparently conflicting statutes, they should
not declare outright the invalidity of one against the other, but should

endeavour to reconcile them

A special and local statute applicable to a particular case is not repealed by a
later statute which is general in its terms, provisions, and application even if
the terms of the general act are broad enough to include the cases in the

special law unless there is manifest intent to repeal or alter special law
It is a well-settled rule that a substantive law cannot be amended by

procedural law
A general law cannot repeal a special law
In case of conflict between a general provision of a special law and a

particular provision of a general law, the latter should prevail

When there is irreconcilable repugnancy between a proviso and the body of

the statute, the former prevails as latest expression of legislative intent

Whenever there is a conflict between an ordinance and a statute, the

ordinance must give way

Where a special statute refers to a subject in general, which the general
statute treats in particular, the provision of the latter, in case of conflict, will

prevail
Ordinance should not contravene a statute. In case of conflict between an

ordinance and a statute, the latter will prevail

It is a basic rule in statutory construction that the enactment of a later
legislation which is a general law cannot be construed to have repealed a
special law | WHY? - special statute should prevail since it evinces the

legislative intent more clearly than the general statute

It is elementary in statutory construction that an administrative circular
cannot supersede, abrogate, modify, or nullify a statute. A statute is superior

to an administrative circular, thus the latter cannot repeal or amend it

Where the instrument is susceptible to two interpretations, one which will
make it invalid and illegal and another which will make it valid and legal, the

latter interpretation should be adopted

In case of conflict between an administrative order and provisions of
constitution, the latter prevails | WHY? doctrinal that rules of administrative
bodies must be in harmony with the provisions of the constitution

11 | COSNTRUCTION AND INTERPRETATION OF THE

CONSTITUTION
What is a Constitution?

System of fundamental law for governance and administration of a nation

It is supreme, imperious, absolute, unalterable except by the authority from

which it emanates
Fundamental and paramount law of nation
Supreme law to which all laws and contracts must conform to
Doctrine of Constitutional Supremacy: If a law or contract violates any norm
of constitution, that law or contract is null and void without any force and
effect

Construction and Interpretation

Like a statute, construction and interpretation of the constitution is the

intention of the framers of the written constitution.

Natural meaning of the words used in every provision should be taken as it is

All provisions of the constitution are self-executing; Exceptions

Constitutional provision is self-executing if the nature and extent of the right

conferred and the liability imposed are fixed by the constitution

If provision is complete in itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies sufficient rule
by means of which the right it grants may be enjoyed or protected, is self-

executing
Unless it is expressly provided that a legislative act is necessary to enforce a
constitutional mandate, the presumption now is that all provisions of the
constitution are self-executing | WHY? if constitutional provisions are treated
as requiring legislation instead of self-executing, the legislature would have
the power to ignore and practically nullify the mandate of the fundamental

law
Sec 10, 2nd Paragraph, Article X11
o In the grant of rights, privileges, and concessions covering the national
economy and patrimony, the State shall give preference to qualified

Filipinos

Prohibitory provisions given literal and strict interpretation

The Court, in construing a constitution should bear in mind the object sought
to be accomplished by its adoption and the evils, if any, sought to be

prevented or remedied
A doubtful provision will be examined in the light of the history of the times,
and the condition and circumstances under which the constitution was

framed
Not one provision of the constitution is to be separated from all the others, to
be considered alone, but that all the provisions bearing upon a particular
subject are to be brought into view and to be interpreted as to effectuate the

great purposes of the instrument

Courts must harmonize them, if practicable, and must lean in favour of a
construction which will render every word operative, rather than one which

may make the words idle and nugatory

Resorting to debates and proceedings of Constitutional Convention may be
had only when other guides fails and said proceedings are powerless to vary

the terms of the Constitution when the meaning is clear

Proper interpretation depends more on how it was understood by the people
adopting it than the framers understanding thereof

SUPREMA LEX

Constitution is Supreme Law of the land

If there is a conflict between a statute and the constitution, the statute shall

yield to the constitution

Statute should be interpreted in harmony with the constitution

STARE DECISIS

Judicial decisions applying or interpreting the laws or the Constitution shall

form part of the legal system of the Philippines (Supreme Court decisions)
Also known as: Rule of precedents

If one case has been decided in one way, the another case, involving the

same issue should be decided in the same manner

Stare Decisis is a sound doctrine for purposes of stability BUT should not be
followed when there is patent error in judgement

CONCLUSION

The constitution is designed to be an enduring instrument, its interpretation

is not to be confined to the conditions and outlook which prevails at the time
of its adoption; instead, it must be given flexibility to bring it in accord with

the vicissitudes of changing and advancing affairs of men

If only to secure our democracy and keep social order, technicalities must

give way
There is no hard and fast rule in the construction and interpretation of the
Constitution

PRINCIPLES

The constitutional provision on natural born citizens of the Philippines given

Retroactive Effect
A constitutional provision should be construed so as to give it effective
operation and suppress the mischief at which it is aimed, hence, it is the spirit

of the provision which should prevail of the letter therof

The Constitution must be construed in its entirety as one, single document
Liberal Construction of one Title One Subject Rule
Resignation of the President under the 1987 Constitution is not governed by
any Formal requirement as to form. It can be oral. It can be written. It can be

express. It can be implied

o Elements: intent to resign; intent coupled by acts
The one-year residency requirement for Congressional Candidate under Sec
6, Artcile VI of the Constitution Liberally and Equitably construed to give

fullest effect to the Manifest Will of the People

Special Provisions prevail over a general one
LEX SPECIALIS DEROGANT GENERALI Special provision or law prevails over a
general one

The power to promulgate rules of pleading, practice, and procedure, is now

the Courts exclusive domain and is no longer shard by this Court with
Congress, much less executive
o Rules of Court is procedural in nature as it does not create, diminish,
o

increase, or modify substantive rights

Rules of Court simply operates as a means to implement an existing
right