Statutory Construction, defined.
- It comprehends, covers or embrace, limits
- Art
- Legislative intent
- in enacting a statute
- and applying it to a certain set of facts
Scope of construction.
- Intention is doubtful
- Ambiguity in language
- Ambiguity is thus a condition precedent to
statutory construction
Remedy for courts in case of ambiguity.
- Construe statute
- give it meaning
- in accord with legislative intent
Purpose of construction.
- ascertain
- give it meaning
- in accord with legislative intent
Construction, distinguished from
interpretation.
- Interpretation - meaning of words
- Construction- reads between the lines
Legislative intent, defined.
- History of enactment
- evil sought to be prevented or cured
- essence of the law
- no need to collect the subjective wishes of
each member
- but the objective footprints left in the trail of
legislative enactment
Legislative purpose, defined.
- Reason why the law was passed
Intent, distinguished from purpose
- Combined application of purpose and
meaning is legislative intent
- Example: a statute prohibits operation of a
motor vehicle in a public highway while the
driver is intoxicated
- Does motor vehicle include motorcycle?
- Does intoxication include influence of
narcotics?
Legislative meaning, defined.
- What the law means, by its language
or confines.
Illustrative case: Federation of Free
Farmers vs CA, G.R. No. 41161,
September 10, 1981
- Sec.1 or RA 809, Sugar Act of 1952
provides:
* In the absence of written milling
agreements between the majority of
planters and the millers of sugarcane in any
milling district in the Philippines xxx shall be
divided between them
- Section 9 provides:
* the proceeds of any increase in
participation granted the planters under this
Act and above their present share shall be
divided between the planter and his laborer
of the plantation
- Issues:
* What is the meaning of in the absence of
written milling agreements?
* Does RA 809 apply even if there is a
written milling agreement different from the
sharing proportion provided by it?
* Does the phrase any increase in
participation granted under this Act exclude
written agreement?
- Held:
* RA 809 applies with or without written
milling agreements between the planter and
the miller, even if its literal interpretation
says otherwise.
Legislative intent in enacting RA 809.
- In the 1950s, planters staged a strike and
threatened not to plant sugar cane unless
they were given bigger share in the sugar
industry and sugar quota commitment.
- To remedy the problem, Congress enacted
RA 809 to force planters to plant, centrals to
mill and even allowing the government to
take over planting and milling.
- The evil sought to be avoided by Congress
is the exploitation of laborers or sacada in
terms of wages and benefits.
Legislative purpose in enacting RA 809.
- To compel continuous sugar production and
grant laborers share in the increased planters
participation in the sugar produce.
Legislative meaning in enacting RA 809.
- Although not clearly disclosed in the
language of the Act, it however indicates that
the laborers should receive their share for as
long as sugar is produced and planters
receive increased participation.
- Thus, to literally interpret these phrases is to
defeat legislative intent and purpose, which is
to grant laborers fair share in sugar produce.
Legal hermeneutics, defined.
- Branch of science establishes principles and
rules of statutory construction
- Exergesis- application
Different kinds of interpretation.
* Close - literal
* Extensive - liberal
* Extravagant - departs from true meaning
* Free or unrestricted - based on general
principles of interpretation in good faith
* Limited or restricted - influenced by other
principles
* Predestined - biased
Who construe law.
- Judiciary
Limitations on power to construe.
- Judicial legislation - when a court, under
the guise of interpretation, modifies, amends,
remodels or rewrites a statute
- Illustrative case: Canet v Decena, G.R. No.
155344, January 20, 2004.
- 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 business.
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.
- 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 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 enroaches
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 excludes the others.
Expressio unius est exlusio alterius.
What is expressed puts an ends to what
is implied.
- Expressium facit cessare tacitum.
- An omission at the time of enactment,
whether careless or calculated, cannot be
judicially supplied even if wisdom
recommends it.
- If there is a legislative gap caused by
omission, the judiciary cannot fill the gap.
Otherwise, it results in judicial legislation.
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
or salutary.

When does a court construe a law.

- Existence of case before it
- Actual case or controversy
- Ambiguity

Executive construction of statutes

- Persuasive but not binding upon the courts.

Construction of a partly void statute.

- Valid portion may stand and be enforced if:
Separable.
Independent.
Sufficient to make a complete,
intelligible and valid statute which carries
out the legislative intent.

Effects of rules of construction upon the

courts.
- Not mandatory
- Unless expressly provided by statutes.
- But judicial decisions interpreting laws form
part of our legal system.

Unless expressly provided by statutes.

Examples:
- Art. 10, Civil Code:
In case of doubt in the interpretation or
application of laws, it is presumed that the
lawmaking body intended right and justice
to prevail.

- Section 4, Labor Code:

All doubts in the implementation and
interpretation of the provisions of this Code,
including its implementing rules and
regulations, shall be resolved in favor of
labor.