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INTERPRETATION
LEGISLATIVE PROCEDURES
Legal hermeneutics is the systematic body of
rules which are recognized as applicable to the The power to make laws is lodged in the legislative
construction and interpretation of legal writings. department of the government.
Dr. Lieber in his work on Hermeneutics gives the A statute starts with a bill.
following classification of the different kinds of
interpretation: Bill is the draft of a proposed law from the time
of its introduction in a legislative body through all
1. Close interpretation adopted if just reasons the various stages in both houses. It is enacted
connected with the character and formation of into law by a vote of the legislative body. An Act
the text induce as to take the words in the is the appropriate term for it after it has been acted
narrowest meaning. This is generally known on and passed by the legislature. It then becomes
as literal interpretation. a statute, the written will of the legislature
2. Extensive interpretation also called as liberal solemnly expressed according to the form
interpretation, it adopts a more comprehensive necessary to constitute it as the law of the state.
signification of the words.
3. Extravagant interpretation substitutes a Statute Law is a term often used interchangeably
meaning evidently beyond the true one. It is with the word statute. Statute Law, however, is
therefore not genuine interpretation. broader in meaning since it includes not only
4. Free or unrestricted interpretation proceeds statute but also the judicial interpretation and
simply on he general principles of application of the enactment.
interpretation in good faith, not bound by any
specific or superior principle.
5. Limited or restricted interpretation - influenced HOW DOES A BILL BECOMES A LAW STEPS
by other principles than the strictly
hermeneutic ones. A bill before it becomes a law must pass the strict
6. Predestined interpretation takes place when constitutional requirements explicit both in the
the interpreter, laboring under a strong bias of 1973 Constitution and the 1987 Constitution.
mind, makes the text subservient to his
preconceived views and desires. Passage of a bill in a parliamentary system
(unicameral assembly):
a. A member of the National Assembly may
SUBJECTS OF CONSTRUCTION AND introduce the proposed bill to the Secretary of
INTERPRETATION the National Assembly who will calendar the
same for the first reading.
Most common subjects of construction and b. In the first reading, the bill is read by its
interpretation are the constitution and statutes number and title only.
which include ordinances. But we may also add c. After the first reading, the bill is referred by the
resolutions, executive orders and department Speaker to the appropriate committee for
circulars. study. At this stage, the appropriate committee
will conduct public hearings. Then after the
public hearings, the committee shall decide
whether or not to report the bill favorably or
whether a substitute bill should be considered.
Should there be an unfavorable report of the
committee, then the proposed bill is dead.
d. Upon favorable action by the committee, the
bill is returned to the National Assembly and
shall be calendared for the second reading.
e. In the second reading, the bill is read in its
entirety.
9. Prospective Law applicable only to cases Only a law can repeal a law.
which shall arise after its enactment.
The intention to repeal must be clear and manifest,
10. Retrospective Law looks backward or otherwise, at least, as a general rule, the later act
contemplates the past; one which is made to is to be construed as a continuation of, and not a
affect acts or facts occurring, or rights substitute for, the first act.
occurring, before it came into force.
Two (2) categories of repeal by implication:
11. Affirmative Statute directs the doing of an 1. Where provision in the two acts on the same
act, or declares what shall be done in contrast subject matter are in an irreconcilable conflict;
to a negative statute which is one that 2. If the later act covers the whole subject of the
prohibits the things from being done, or earlier one and is clearly intended as a
declares what shall not be done. substitute to be a complete and perfect
system in itself.
12. Mandatory Statutes generic term describing
statutes which require and not merely permit a
course of action. ORDINANCE
If the law makes no distinction, neither should It is a general rule of statutory construction that
the Court. the express mention of one person, thing, or
consequence is tantamount to an express
exclusion of all others. Expressio unius est
EXCEPTIONS IN THE STATUTE exclusio alterius.
When the law does not make any exception, courts Except:
may not except something unless compelling When there is manifest of injustice
reasons exist to justify it. When there is no reason for exception.
General terms in a statute are to receive a general Where a particular word is equally susceptible of
construction, unless retrained by the context or by various meanings, its correct construction may be
plain inferences from the scope and purpose of the made specific by considering the company of terms
act. in which it is found or with which it is associated.
THE USE OF THE WORD MAY AND SHALL FUNCTION OF THE PROVISO
IN THE STATUTE
Proviso is a clause or part of a clause in the
Use of the word may in the statute generally statute, the office of which is either to except
connotes a permissible thing, and operates to something from the enacting clause, or to qualify
confer discretion while the word shall is or restrain its generality, or to exclude some
imperative, operating to impose a duty which may possible ground of misinterpretation of its extent.
be enforced.
Provided is the word used in introducing a
The term shall may be either as mandatory or proviso.
directory depending upon a consideration of the
entire provision in which it is found, its object and
consequences that would follow from construing it
one way or the other.
CHAPTER V
PRESUMPTIONS IN AID OF CONSTRUCTION
USE OF THE WORD MUST AND INTERPRETATION
If months are designated by their name, they shall PRESUMPTION AGAINST INJUSTICE
be computed by the number of days which they
respectively have. The law should never be interpreted in such a way
as to cause injustice as this never within the
In computing a period, the first day shall be legislative intent.
excluded, and the last day included (Art. 13, New
Civil Code). We interpret and apply the law in consonance with
justice.
The two laws must be absolutely incompatible, and The term intrinsic means internal or within.
clear finding thereof must surface, before the Intrinsic aids, therefore, are those aids within the
inference of implied repeal may be drawn. statute.
In the absence of an express repeal, a subsequent Intrinsic aids are resorted to only if there is
law cannot be construed as repealing a prior law ambiguity. In resorting to intrinsic aids, one must
unless an irreconcilable inconsistency and go back to the parts of the statute: the title, the
repugnancy exists in terms of the new and old preamble, context or body, chapter and section
laws. headings, punctuation, and interpretation.
Statutes must receive a sensible construction such These are existing aids from outside sources,
as will give effect to the legislative intention so as meaning outside of the four corners of the statute.
to avoid an unjust and absurd conclusion. If there is any doubt as to the meaning of the
statute, the interpreter must first find that out
Presumption against undesirable consequences within the statute.
were never intended by a legislative measure.
Extrinsic aids therefore are resorted to after
exhausting all the available intrinsic aids and still
PRESUMPTION AGAINST VIOLATION OF there remain some ambiguity in the statute.
INTERNATIONAL LAW
Extrinsic aids resorted to by the courts are history
Philippines as democratic and republican state of the enactment of the statute; opinions and
adopts the generally accepted principles of rulings of officials of the government called upon to
international law as part of the law of the land and execute or implement administrative laws;
adheres to the policy of peace, equality, justice, contemporaneous construction by executive
freedom, cooperation, and amity with all nations. officers; actual proceedings of the legislative body;
(Art. II, Sec. 2, Phil. Constitution). individual statements by members of congress; and
the author of the law.
If the language of the statute is clear and Other sources of extrinsic aids are:
unequivocal, there is no need to resort to intrinsic Reports and recommendations of legislative
aids. committees;
Public policy;
In resorting to intrinsic aids, one must go back to
Judicial construction; and
the parts of the statute.
Construction by the bar
CHAPTER VII
GENERAL PRINCIPLES
EXTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION
If a statute should be strictly construed, nothing
should be included within the scope that does not
come clearly within the meaning of the language
EXTRINSIC AIDS
used.
Extrinsic aids are existing aids from outside
But the rule of strict construction is not applicable
sources, meaning outside from the four corners of
where the meaning of the statute is certain and
the statute.
unambiguous , for under these circumstances,
there is no need for construction.
Extrinsic aids are resorted to after exhausting all
the available intrinsic aids and still there remain
On the other hand, there are many statutes which
some ambiguity in the statute.
will be liberally construed. The meaning of the
statute may be extended to matters which come
Extrinsic aids resorted to by the courts are:
History of the enactment of the statute;
9 | Statutory Construction | WLC School of Law | Nikki T. Sia
within the spirit or reason of the law or within the Contracts of Insurance are to be construed
evils which the law seeks to suppress or correct. liberally in favor of the insured and strictly against
the insurer. Thus, ambiguity in the words of an
Liberal interpretation or construction of the law or insurance contract should be interpreted in favor
rules, however, applies only in proper cases and of its beneficiary.
under justifiable causes and circumstances. While
it is true that litigation is not a game of
technicalities, it is equally true that every case LABOR AND SOCIAL LEGISLATIONS
must be prosecuted in accordance with the
prescribed procedure to insure an orderly and Doubts in the interpretation of Workmens
speedy administration of justice. Compensation and Labor Code should be resolved
in favor of the worker. It should be liberally
construed to attain their laudable objective, i.e., to
PENAL STATUTES give relief to the workman and/or his dependents
in the event that the former should die or sustain
Penal laws are to be construed strictly against the in an injury.
state and in favor of the accused. Hence, in the
interpretation of a penal statute, the tendency is to The sympathy of the law on social security is
subject it to careful scrutiny and to construe it towards its beneficiaries and the law by its own
with such strictness as to safeguard the right of terms, requires a construction of utmost liberality
the accused. in their favor.
TAX LAWS
ELECTION RULES
Taxation is a destructive power which interferes
with the personal and property rights of the people Statute providing for election contests are to be
and takes from them a portion of their property for liberally construed to the end that the will of the
the support of the government. people in the choice of public officer may not be
defeated by mere technical objections.
Accordingly, in case of doubt, tax statutes must be
construed strictly against the government and
liberally in favor of the taxpayer, for taxes, being RULES OF COURT
burdens, are not to be presumed beyond what the
applicable statute expressly and clearly declares. Rule of court shall be liberally construed in order
to promote their objective of securing a just,
speedy and inexpensive disposition of every action
Any claim for exemption from a tax statute is and proceeding.
strictly construed against the taxpayer and
liberally in favor of the state.
NATURALIZATION LAW
INSURANCE LAW
CURATIVE STATUTES
CHAPTER IX
PROSPECTIVE AND RETROSPECTIVE They are those which undertake to cure errors and
STATUTES irregularities and administrative proceedings, and
which are designed to give effect to contracts and
other transactions between private parties which
GENERAL PRINCIPLES otherwise would fail of producing their intended
consequences by reason of some statutory
Prospective statute is a statute which operates disability or failure to comply with some technical
upon acts and transactions which have not requirement. They are therefore retroactive in
occurred when the statute takes effect, that is, their character.
which regulates the future.
A sound canon of statutory construction is that EFFECT SHOULD BE GIVEN TO THE ENTIRE
statutes operate prospectively only and never STATUTE
retrospectively, unless the legislative intent to the
contrary is made manifest either by the express It may happen that in a statute, conflicting clauses
terms of the statute or by necessary implication. and provisions may arise. If such situation may
occur, the statute must be construed as a whole.
The Civil Code of the Philippines follows the above
rule thus: Laws shall have no retroactive effect,
unless the contrary is provided. STATUTES IN PARI MATERIA
Retroactive legislation is looked upon with disfavor, Statutes that relate to the same subject matter, or
as a general rule and properly so because of its to the same class of persons or things, or have the
tendency to be unjust and oppressive. same purpose or object.
A liberal construction of the one title-one subject The abrogation or repeal of a law cannot be
rule has been invariably adopted by the court so as assumed; the intention to revoke must be
not to cripple or impede legislation. clear and manifest.
The title expresses the general subject and all the When the law speaks in clear and categorical
provisions are germane to the general subject. language, there is no occasion for
interpretation.
RESIGNATION OF THE PRESIDENT UNDER THE Penal laws must be construed strictly. Such
1987 CONSTITUION IS NOT GOVERNED BY ANY rule is founded on the tenderness of the law
FORMAL REQUIREMENT AS TO FORM. IT CAN for the rights of individuals and on the plain
BE ORAL. IT CAN BE WRITTEN. IT CAN BE principle that the power of punishment is
EXPRESS. IT CAN BE IMPLIED. vested in the Congress, not in the Judicial
department.
STARE DECISIS