STATUTORY CONSTRUCTION

CHAPTER I
PRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction
t h e a r t o r p r o c e s s o f d i s c o v e r i n g a n d expounding the meaning
a n d i n t e n t i o n o f t h e a u t h o r s o f t h e l a w w i t h respect to its application to a given case, where
that intention is rendered doubtful, among others, by reason of the fact that the given case is
not explicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking the i n t e n t i o n o f t h e

l e g i s l a t u r e i n e n a c t i n g a s t a t u t e a n d a p p l y i n g i t t o a given state of facts.

A judicial function is required when a statute is invoked and different

interpretations are in contention.

Difference between judicial legislation and statutory construction: Where legislature attempts to do
several things one which is invalid, it may be discarded if the remainder of the act is
workable and in no way depends upon the invalid portion, but if that portion is an integral part
of t h e a c t , a n d i t s e x c i s i o n c h a n g e s t h e m a n i f e s t i n t e n t o f t h e a c t b y
broadening its scope to include subject matter or territory which was not included therein as enacted,
such excision is judicial legislation and not statutory construction.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction is the drawing of conclusions with respect to subjects that are beyond the direct
expression of the text, while interpretation is the process of discovering the true meaning of the
language used.
Interpretation is limited to exploring the written text. Construction onthe other hand is the
drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text.
SITUS OF CONSTRUCTION AND INTERPRETATION
In our system of government:
L e g i s l a t i v e p o w e r i s v e s t e d i n t h e C o n g r e s s o f t h e P h i l i p p i n e s t h e Senate and
the House of the Representatives
E x e c u t i v e p o w e r i s v e s t e d i n t h e P r e s i d e n t o f t h e R e p u b l i c o f t h e Philipp
ines (Art. VII, Sec.1, Phil. Const.)
J u d i c i a l p o w e r i s v e s t e d i n o n e S u p r e m e C o u r t a n d i n s u c h l o w e r courts as may be
established by law. (Art VIII, Sec. 1, Phil. Const.)
Legislative makes the lawExecutive - executes the law Judicial interprets the
lawS i m p l y s t a t e d , t h e s i t u s o f c o n s t r u c t i o n a n d i n t e r p r e t a t i o n o f w r i t t e n laws
belong to the judicial
department.I t i s t h e d u t y o f t h e C o u r t s o f J u s t i c e t o s e t t l e a c t u a l c o n t r o v e
r s i e s involving rights which are legally demandable and enforceable, and
t o d e t e r m i n e w h e t h e r o r n o t t h e r e h a s b e e n a g r a v e a b u s e o f d i s c r e t i o n amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.Supreme Court is the one and only Constitutional Court and all otherlower
courts are statutory courts and such lower courts have the power to construe and interpret
written laws.
D U T Y O F T H E C O U R T S T O C O N S T R U E A N D I N T E R P R E T THE LAW;
REQUISITES
1.There must be an actual case or controversy,2.There is ambiguity in the law involved in
the controversy.Ambiguity exists if reasonable persons can find different meanings in
astatute, document,
etc.A s t a t u t e i s a m b i g u o u s i f i t i s a d m i s s i b l e o f t w o o r m o r e p o s
s i b l e meanings.I f t h e l a w i s c l e a r a n d u n e q u i v o c a l , t h e C o u r t h a s n o o t h e r
a l t e r n a t i v e but to apply the law and not to interpret.
C o n s t r u c t i o n a n d i n t e r p r e t a t i o n o f l a w c o m e o n l y a f t e r i t h a s b e e n demo
nstrated that application is impossible or inadequate without them.
D I F F E R E N T K I N D S O F C O N S T R U C T
I O N A N D INTERPRETATION
Hermeneutics
the science or art of construction and interpretation.
Legal hermeneutics
i s t h e s y s t e m a t i c b o d y o f r u l e s w h i c h a r e recognized as
applicable to the construction and interpretation of legal writings.Dr. Lieber in his work on
Hermeneutics gives the following
classificationof the different kinds of interpretation
:
1.
C l o s e i n t e r p r e t a t i o n a d o p t e d i f j u s t r e a s o n s c o n n e c t e d w i t h t h e character and
formation of the text induce as to take the words in
then a r r o w e s t m e a n i n g . T h i s i s g e n e r a l l y k n o w n a s

literal
interpretation.2 . E x t e n s i v e i n t e r p r e t a t i o n a l s o c a l l e d a s l i b e r a l i n t e r p r e t a
t i o n , i t adopts a more comprehensive signification of the
words.3 . E x t r a v a g a n t i n t e r p r e t a t i o n s u b s t i t u t e s a m e a n i n g e v i d e n t l y b e y o n d the
true one. It is therefore not genuine interpretation.4 . F r e e o r u n r e s t r i c t e d i n t e r p r e t a t i o n
p r o c e e d s s i m p l y o n h e g e n e r a l principles of interpretation in good faith, not bound by any
specific orsuperior principle.5 . L i m i t e d o r r e s t r i c t e d i n t e r p r e t a t i o n - i n f l u e n c e d
b y o t h e r p r i n c i p l e s than the strictly hermeneutic ones.6.Predestined interpretation takes
place when the interpreter,
laboringu n d e r a s t r o n g b i a s o f m i n d , m a k e s t h e t e x t s u b s e r v i e n t t o h i s pre
conceived views and desires.
SUBJECTS OF CONSTRUCTION AND INTERPRETATION
M o s t c o m m o n s u b j e c t s o f c o n s t r u c t i o n a n d i n t e r p r e t a t i o n a r e t h e constitu
tion and statutes which include ordinances. But we may alsoadd resolutions, executive orders
and department circulars.
CHAPTER IISTATUTES
LEGISLATIVE PROCEDURES
The power to make laws is lodged in the legislative department of
t h e government.A statute starts with a bill.
Bill
is the draft of a proposed law from the time of its introduction in al e g i s l a t i v e b o d y t h r o u g h a l l
the various stages in both houses. It ise n a c t e d i n t o l a w b y a v o t e o f t h e
l e g i s l a t i v e b o d y. A n
Act
i s t h e appropriate term for it after it has been acted on and passed by
t h e legislature. It then becomes a statute, the written will of the legislaturesolemnly
expressed according to the form necessary to constitute it as the law of the
state. S t a t u t e L a w i s a t e r m o f t e n u s e d i n t e r c h a n g e a b l y w i t h t h e
w o r d statute. Statute Law, however, is broader in meaning since it includes not only
statute but also the judicial interpretation and application of theenactment.
HOW DOES A BILL BECOMES A LAW STEPS
A bill before it becomes a law must pass the strict constitution
a l r e q u i r e m e n t s e x p l i c i t b o t h i n t h e 1 9 7 3 C o n s t i t u t i o n a n d t h e 1 9 8 7 Cons
titution.Passage of a bill in a parliamentary system (unicameral assembly):a . A m e m b e r o f t h e
N a t i o n a l A s s e m b l y m a y i n t r o d u c e t h e p r o p o s e d b i l l to the Secretary of the National
Assembly who will calendar the samefor the first reading.b.In the first reading, the bill is
read by its number and title
only.c . A f t e r t h e f i r s t r e a d i n g , t h e b i l l i s r e f e r r e d b y t h e S p e a k e r
t o t h e a p p r o p r i a t e c o m m i t t e e f o r s t u d y. A t t h i s s t a g e , t h e
appropriatec o m m i t t e e w i l l c o n d u c t p u b l i c
h e a r i n g s . T h e n a f t e r t h e p u b l i c hearings, the committee shall decide whether or
not to report the billfavorably or whether a substitute bill should be considered. Should
there be an unfavorable report of the committee, then the proposed bill is
dead.d . U p o n f a v o r a b l e a c t i o n b y t h e c o m m i t t e e , t h e b i l l i s r e t u r n e d t o
t h e National Assembly and shall be calendared for the second reading.e.In the second reading,
the bill is read in its entirety.f . I m m e d i a t e l y a f t e r t h e s e c o n d r e a d i n g , t h e b i l l i s s e t
for open
d e b a t e s w h e r e m e m b e r s o f t h e a s s e m b l y m a y p r o p o s e a m e n d m e n t s a n d ins
ertions to the proposed bill.g . A f t e r t h e a p p r o v a l o f t h e b i l l i n i t s s e c o n d r e a d i n g a n d a t
l e a s t t h r e e (3) calendar days before its final passage, the bill is printed in its finalform and copies
thereof distributed to each of the members.h . T h e b i l l i s t h e n c a l e n d a r e d f o r t h e t h i r d
a n d f i n a l r e a d i n g . A t t h i s stage, no amendment shall be allowed. Only the
t i t l e o f t h e b i l l i s read and the National Assembly will then vote on the bill. Under
thepresent 1987b Constitution, after the third and final reading at oneHouse where the bill
originated, it will go to the other House where it will undergo the same
process.i . A f t e r t h e b i l l h a s b e e n p a s s e d , i t w i l l b e s u b m i t t e d
t o t h e P r i m e Minister (President) for approval. If he disapproves, he shall veto it a n d
return the same with his objections to the National Assembly(House where it
originated), and if approved by two-thirds of all its m e m b e r s , s h a l l b e c o m e
a l a w . U n d e r t h e p r e s e n t s e t - u p , i f t h e originating house will agree to pass the
bill, it shall be sent, together with the objections to the other house by which it shall be likewise
beconsidered and must be approved by two-thirds of the votes. Everybill passed by
Congress shall be acted upon by the President within thirty (30) days from
receipt thereof. Otherwise, it shall become a law.
CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL
Three (3) very important constitutional requirements in the enactment of statute:1 . E v e r y b i l l p a s s e d
by Congress shall embrace only one subject which s h a l l b e e x p r e s s e d
i n t h e t i t l e t h e r e o f . T h e p u r p o s e s o f t h i s constitutional requirements are:

To prevent hodge-podge or log-rolling legislation;

To prevent surprise or fraud upon the legislature; and

To f a i r l y a p p r i s e t h e p e o p l e , t h r o u g h s u c h p u b l i c a t i o n s o f legis
l a t i v e p r o c e e d i n g s a s i s u s u a l l y m a d e , o f t h e s u b j e c t s o f legislation that
are being considered, in order that they may have opportunity of being heard thereon by petition
or otherwise, if theyshall so desire.
2 . N o b i l l p a s s e d b y e i t h e r H o u s e s h a l l b e c o m e l a w u n l e s s i t h a s p a s s e d three
readings on separate days, and printed copies thereof in its
finalf o r m h a v e b e e n d i s t r i b u t e d t o e a c h m e m b e r t h r e e d a y s b e f o r e i t s passage.3 . E v e
r y b i l l p a s s e d b y t h e C o n g r e s s s h a l l , b e f o r e i t b e c o m e s a l a w, b e presented to the
President. The executive approval and veto power of the President is the third important constitutional
requirement in themechanical passage of a bill.
PARTS OF STATUTE
a.
Title
the heading on the preliminary part, furnishing the name by w h i c h t h e a c t i s
i n d i v i d u a l l y k n o w n . I t i s u s u a l l y p r e f i x e d t o t h e statute in the brief summary of its
contents.
b.
Preamble
part of statute explaining the reasons for its enactmentand the objects sought to be
accomplished. Usually, it starts withwhereas.
c.
Enacting clause
part of statute which declares its enactment and serves to identify it as an act of legislation
proceeding from the properlegislative authority. Be enacted is the usual formula used to
startthis clause.
d.
Body
t h e m a i n a n d o p e r a t i v e p a r t o f t h e s t a t u t e c o n t a i n i n g i t s substantive
and even procedural provisions. Provisos and exceptionsmay also be found.
e.
Repealing Clause
- a n n o u n c e s t h e p r i o r s t a t u t e s o r s p e c i f i c provisions which have
been abrogated by reason of the enactment of the new law.
f.
Saving Clause
restriction in a repealing act, which is intended to save rights, pending proceedings, penalties,
etc. from the annihilation which would result from an unrestricted repeal.
g.
Separability Clause
p r o v i d e s t h a t i n t h e e v e n t t h a t o n e o r m o r e provisions or unconstitutional, the remaining
provisions shall still bein force.
h.
Effectivity Clause
announces the effective date of the law.
KINDS OF STATUTES
1.
General Law
affects the community at large. That which affects allpeople of the state or all of a particular
class.2.
Special Law
designed for a particular purpose, or limited in range or confined to a prescribed field of action
on operation.
3.
Local Law
relates or operates over a particular locality instead of over the whole territory of the state.
4.
Public Law
a general classification of law, consisting generally
of c o n s t i t u t i o n a l , a d m i n i s t r a t i v e , c r i m i n a l , a n d i n t e r n a t i o n a l l a w , concer
ned with the organization of the state, the relations between the state and the people who
compose it, the responsibilities of publico f f i c e r s o f t h e s t a t e , t o e a c h o t h e r, a n d t o p r i v a t e
p e r s o n s , a n d t h e relations of state to one another. Public law may be general, local
orspecial law.
5.
Private Law
d e f i n e s , r e g u l a t e s , e n f o r c e s a n d a d m i n i s t e r s relationships among
individuals, associations and corporations.
6.
Remedial Statute
providing means or method whereby causes of action may be affectuated, wrongs redressed and
relief obtained.
7.
Curative Statute
a form of retrospective legislation which reaches back into the past to operate upon past events,
acts or transactions
ino r d e r t o c o r r e c t e r r o r s a n d i r r e g u l a r i t i e s a n d t o r e n d e r v a l i d a n d effective many
attempted acts which would otherwise be ineffective forthe purpose intended.
8.
Penal Statute
defines criminal offenses specify corresponding finesand punishments.
9.
Prospective Law
applicable only to cases which shall arise after itsenactment.
10.
Retrospective Law
looks backward or contemplates the past; one which is made to affect acts or facts
occurring, or rights occurring, before it came into force.
11.
Affirmative Statute
directs the doing of an act, or declares what s h a l l b e d o n e i n c o n t r a s t t o a
n e g a t i v e s t a t u t e w h i c h i s o n e t h a t prohibits the things from being done, or
declares what shall not bedone.
12.
Mandatory Statutes
generic term describing statutes which requireand not merely permit a course of action.
CONCEPT OF VAGUE STATUTES
S t a t u e s o r a c t m a y b e s a i d t o b e v a g u e w h e n i t l a c k s c o m p r e h e n s i b l e standards
those men of common intelligence must necessarily guess at its meaning and differ as to its
application.Statute is repugnant to the Constitution in two (2) respects:1 . I t
v i o l a t e s d u e p r o c e s s f o r f a i l u r e t o a c c o r d p e r s o n s f a i r n o t i c e o f conduct
to avoid; and2.It leaves law enforcers unbridled discretions.The Supreme Court held that the
vagueness doctrine merely requires areasonable degree of certainty for the statute to be upheld--- not
absoluteprecision or mathematical exactitude. Flexibility, rather than meticulousspecificity, is permissible
as long as the metes and bounds of the statuteare clearly delineated
REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED
Express repeal
is the abrogation or annulling of a previously existing l a w b y t h e e n a c t m e n t o f a
s u b s e q u e n t s t a t u t e w h i c h d e c l a r e s t h a t t h e former law shall be revoked and abrogated.
Implied repeal
when a later statute contains provisions so contrary
toi r r e c o n c i l a b l e w i t h t h o s e o f t h e e a r l i e r l a w t h a t o n l y o n e o f t h e t w o st
atutes can stand in force. T h e r e p e a l o f a p e n a l l a w d e p r i v e s t h e c o u r t o f j u r i s d i c t i o n
t o p u n i s h persons charged with a violation of the old penal law prior to its repeal.
Only a law can repeal a law
. The intention to repeal must be clear and manifest, otherwise, at least,as a general rule,
the later act is to be construed as a continuation of, and not a substitute for, the first act. Two (2)
categories of repeal by implication:1.Where provision in the two acts on the same subject
matter are in anirreconcilable conflict;2 . I f
the later act covers the whole subject of the
e a r l i e r o n e a n d i s clearly intended as a substitute to be a complete and perfect systemin
itself.
ORDINANCE

Ordinance
an act passed by the local legislative body in the exercise of its law-making authority.
TEST OF VALID ORDINANCE
1.Must not contravene the Constitution or any statute;2 . M u s t n o t b e u n f a i r o r
oppressive;3.Must not be partial or discriminatory;4.Must not prohibit but may
r e g u l a t e t r a d e ; 5.Must be general and consistent with public policy; and6 . M u s t
not be unreasonable.
R E A S O N W H Y A N O R D I N A N C E S H O
U L D N O T CONTRAVENE A STATUTE
L o c a l c o u n c i l s e x e r c i s e o n l y d e l e g a t e d l e g i s l a t i v e p o w e r s c o n f e r r e d o n them by
Congress as the national law making body. The delegate cannot be superior to the principal.
ROLE OF FOREIGN JURISPRUDENCE
P h i l i p p i n e l a w s m u s t n e c e s s a r i l y b e c o n s t r u e d i n a c c o r d a n c e w i t h t h e intention of
its own law makers and such intent may be deduced from the language of each law and the
context of other local legislation relatedthereof.
CHAPTER IIIBASIC GUIDELINES IN THE CONSTRUCTION ANDINTERPRETATION OF
LAWS
LEGISLATIVE INTENT
The object of all interpretation and construction of statutes is
t o ascertain the meaning and intention of the legislature, to the end that the same may be
enforced.L e g i s l a t i v e i n t e n t i s d e t e r m i n e d p r i n c i p a l l y f r o m t h e l a n g u a g e o f t h e statu
te.
VERBA LEGIS
If the language of the statute is plain and
f r e e f r o m a m b i g u i t y, a n d e x p r e s s a s i n g l e , d e f i n i t e , a n d s e n s i b l e m
e a n i n g , t h a t m e a n i n g i s conclusively presumed to be the meaning which the
legislature intendedto convey.
STATUTES AS A WHOLE
A cardinal rule in statutory construction is that legislative intent must
bea s c e r t a i n e d f r o m a c o n s i d e r a t i o n o f t h e s t a t u t e a s a w h o l e a n d n o t mer
ely of a particular provision. A word or phrase might easily convey ameaning which is different from the
one actually
intended.A s t a t u t e s h o u l d b e c o n s t r u e d a s a w h o l e b e c a u s e i t i s n o t
t o b e presumed that the legislature has used any useless words, and becauseit is
dangerous practice to base the construction upon only a part of it, since one portion may be
qualified by other portions.
SPIRIT AND PURPOSE OF THE LAW
When the interpretation of a statute according to the exact and literalimport of its words
would lead to absurd or mischievous consequences,or would thwart or contravene
the manifest purpose of the legislature in

its enactment, it should be construed according to its spirit and reason, disregarding or
modifying, so far as may be necessary, the strict letter of the law.

When the reason of the law ceases, the law itself ceases.

Doctrine of necessary implications. What is implied in a statute is asmuch a part thereof as that which is
expressed.
CASUS OMISSUS
When a statute makes specific provisions in regard to sev
e r a l enumerated cases or objects, but omits to make any provision for a caseor object which is
analogous to those enumerated, or which stands uponthe same reason, and is therefore within the general
scope of the statute,and it appears that such case or object was omitted by inadvertence
orbecause it was overlooked or unforeseen, it is called a
casus omissus.
Such omissions or defects cannot be supplied by the courts. The rule of casus omissus pro omisso
habendus est can operate andapply only if and when the omission has been clearly established.
STARE DECISIS
It is the doctrine that, when court has once laid down a principle,
anda p p l y i t t o a l l f u t u r e c a s e s , w h e r e f a c t s a r e s u b s t a n t i a l l y t h e s a m e , r
egardless of whether the parties and properties are the same.
Stare Decisis
. Follow past precedents and do not disturb what has beens e t t l e d . M a t t e r s a l r e a d y d e c i d e d o n
t h e m e r i t s c a n n o t b e r e l i t i g a t e d again and again.
Stare decisis et non quieta movere
(follow past precedents and do not disturb what has been settled.
CHAPTER IVCONSTRUCTION AND INTERPRETATION OFWORDS AND PHRASES
W H E N T H E L AW D O E S N O T D I S T I N G U I S H , C O U RT S S
HOULD NOT DISTINGUISH
When the law does not distinguish, courts should not distinguish. Therule, founded on
logic, is a corollary of the principle that general words and phrases of a statute should ordinarily
be accorded their natural andgeneral significance. The courts should administer the law not as they think
it ought to be butas they find it and without regard to consequences.

If the law makes no distinction, neither should the Court.

EXCEPTIONS IN THE STATUTE
W h e n t h e l a w d o e s n o t m a k e a n y e x c e p t i o n , c o u r t s m a y n o t e x c e p t someth
ing unless compelling reasons exist to justify it.
GENERAL AND SPECIAL TERMS
General terms in a statute are to receive a general construction,
unlessr e t r a i n e d b y t h e c o n t e x t o r b y p l a i n i n f e r e n c e s f r o m t h e s c o p e a n d
purpose of the act.General terms or provisions in a statute may be restrained and limited by
specific terms or provisions with which they are associated.S p e c i a l t e r m s i n a s t a t u t e m a y
s o m e t i m e s b e e x p a n d e d t o a g e n e r a l signification by the consideration that the reason of
the law is general.

G E N E R A L T E R M S F O L L O W I N G S P E C I A L
T E R M S (EJUSDEM GENERIS)
It is a general rule of statutory construction that where general words follow an enumeration
of persons or things, by words of a particular ands p e c i f i c m e a n i n g , s u c h g e n e r a l w o r d s a r e
n o t t o b e c o n s t r u e d i n t h e i r widest extent, but are to be held as applying only to persons or things
of the same general kind or class as those specifically mentioned. But thisr u l e m u s t b e
discarded where the legislative intention is plain to
t h e contrary. T h i s r u l e i s c o m m o n l y c a l l e d t h e e j u s d e m g e n e r i s r u l e , b e c
a u s e i t teaches us that broad and comprehensive expressions in an act, such asand all others, or
any others, are usually to be restricted to personsor things of the same kind or class
with those specially named in thepreceding words.Rule of
ejusdem generis
merely a tool of statutory construction resorted to when legislative intent is uncertain.
EXPRESS MENTION AND IMPLIED EXCLUSION
It is a general rule of statutory construction that the express mention of one person, thing, or
consequence is tantamount to an express exclusionof all others.
Expressio unius est exclusio alterius.
Except:

When there is manifest of injustice

When there is no reason for exception.

ASSOCIATED WORDS (NOSCITUR SOCIIS)
Where a particular word is equally susceptible of various meanings, its correct construction
may be made specific by considering the company of terms in which it is found or with which it is
associated.
USE OF NEGATIVE WORDS
Negative words and phrases regarded as mandatory while thosea
ffirmative are mere directory. T h e w o r d
shall
e m p h a s i z e s m a n d a t o r y c h a r a c t e r a n d m e a n s imperative, operating to impose a
duty which may be enforced.
T H E U S E O F T H E W O R D M A Y A N D S H A L L I N T H E STATUT
E
Use of the word
may
in the statute generally connotes a
permissiblet h i n g , a n d o p e r a t e s t o c o n f e r d i s c r e t i o n w h i l e t h e w o r d
shall
isimperative, operating to impose a duty which may be
enforced. T h e t e r m s h a l l m a y b e e i t h e r a s m a n d a t o r y o r d i r e c t o r y d e p e n d i n g u p o
n a c o n s i d e r a t i o n o f t h e e n t i r e p r o v i s i o n i n w h i c h i t i s f o u n d , i t s object and
consequences that would follow from construing it one way orthe other.
USE OF THE WORD MUST
T h e w o r d m u s t i n a s t a t u t e l i k e s h a l l i s n o t a l w a y s i m p e r a t i v e a n d may be
consistent with an exercise discretion.
THE USE OF THE TERM AND AND THE WORD OR
And means conjunction connecting words or phrases expressing the idea that the latter is to
be added or taken along with the first.Or is a disjunctive particle used to express as
alternative or to give achoice of one among two or more things. It is also used to clarify
whath a s a l r e a d y b e e n s a i d , a n d i n s u c h c a s e s , m e a n s i n o t h e r w o r d s , t o wit,
or that is to say.
COMPUTATION OF TIME
When the laws speak of years, months, days or nights, it shall
b e understood that years are of three hundred sixty five days each; months

o f t h i r t y d a y s ; d a y s o f t w e n t y f o u r h o u r s ; a n d n i g h t s f r o m s u n s e t t o sunrise.If
months are designated by their name, they shall be computed by the number of days which
they respectively have.In computing a period, the first day shall be excluded, and the last
dayincluded (Art. 13, New Civil Code).A week means a period of seven consecutive days without
regard to theday of the week on which it begins.
FUNCTION OF THE PROVISO
Proviso
is a clause or part of a clause in the statute, the office of whichis either to except
something from the enacting clause, or to qualify
orr e s t r a i n i t s g e n e r a l i t y , o r t o e x c l u d e s o m e p o s s i b l e g r o u
n d o f misinterpretation of its extent.
Provided
is the word used in introducing a proviso.

CHAPTER VPRESUMPTIONS IN AID OF CONSTRUCTION ANDINTERPRETATION

PRESUMPTIONS
In construing a doubtful or ambiguous statute, the Courts will presumethat it was the
intention of the legislature to enact a valid, sensible and just law, and one which should change
the prior law no further than maybe necessary to effectuate the specific purpose of the act in question.
PRESUMPTION AGAINST UNCONSTITUTIONALITY
Laws are presumed constitutional. To justify nullification of law, there must be a clear and
unequivocal breach of the
constitution. T h e t h e o r y i s t h a t , a s t h e j o i n t a c t o f t h e l e g i s l a t i v e a n d e x e c
utiveauthorities, a law is supposed to have been carefully studied andd
etermined to be constitutional before it was finally enacted.All laws are presumed valid and
constitutional until or unless otherwise ruled by the Court.
PRESUMPTION AGAINST INJUSTICE
The law should never be interpreted in such a way as to cause injustice as this never within
the legislative intent.We interpret and apply the law in consonance with justice. Judges do not and
must not unfeelingly apply the law as it is worded, yielding like robots to the literal
command without regard to its cause and consequence.

PRESUMPTION AGAINST IMPLIED REPEALS

 The two laws must be absolutely incompatible, and clear finding thereof must surface,
before the inference of implied repeal may be
drawn.I n t h e a b s e n c e o f a n e x p r e s s r e p e a l , a s u b s e q u e n t l a w c a n n o
t b e construed as repealing a prior law unless an irreconcilable inconsistencyand repugnancy exists in
terms of the new and old laws.
PRESUMPTION AGAINST INEFFECTIVENESS
I n t h e i n t e r p r e t a t i o n o f a s t a t u t e , t h e C o u r t s h o u l d s t a r t w i t h t h e assumpti
on that the legislature intended to enact an effective statute.
PRESUMPTION AGAINST ABSURDITY
Statutes must receive a sensible construction such as will give effect to the legislative
intention so as to avoid an unjust and absurd conclusion.Presumption against undesirable consequences
were never intended by alegislative measure.
PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL LAW
P h i l i p p i n e s a s d e m o c r a t i c a n d r e p u b l i c a n s t a t e a d o p t s t h e g e n e r a l l y accepted
principles of international law as part of the law of the land andadheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations. (Art. II, Sec. 2, Phil.
Constitution).
CHAPTER VIINTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION
INTRINSIC AIDS
The term intrinsic means internal or within. Intrinsic aids, therefore, are those aids within
the statute.Intrinsic aids are resorted to only if there is ambiguity. In resorting tointrinsic
aids, one must go back to the parts of the statute: the title, thepreamble, context or body,
chapter and section headings, punctuation, and interpretation.
CHAPTER VIIEXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION
EXTRINSIC AIDS
These are existing aids from outside sources, meaning outside of the fourc o r n e r s o f t h e s t a t u t e . I f
t h e r e i s a n y d o u b t a s t o t h e m e a n i n g o f t h e statute, the interpreter must first find that out
within the statute.Extrinsic aids therefore are resorted to after exhausting all the
availableintrinsic aids and still there remain some ambiguity in the statute.Extrinsic aids resorted to
by the courts are history of the enactment of t h e s t a t u t e ; o p i n i o n s a n d r u l i n g s o f
officials of the government
c a l l e d u p o n t o e x e c u t e o r i m p l e m e n t a d m i n i s t r a t i v e l a w s ; c o n t e m p o r a n e o u s constr
uction by executive officers; actual proceedings of the legislativebody; individual
statements by members of congress; and the author of the law.Other sources of extrinsic aids can
be the reports and
recommendationso f l e g i s l a t i v e c o m m i t t e e s ; p u b l i c p o l i c y ; j u d i c i a l c o n s t r u c t
i o n ; a n d construction by the bar.
CHAPTER VIINTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION
INTRINSIC AIDS
The very term intrinsic means internal or within.Intrinsic aids, therefore, are those aids within the
statute.If the language of the statute is clear and unequivocal, there is no need to resort to
intrinsic aids.I n r e s o r t i n g
t o i n t r i n s i c a i d s , o n e m u s t g o b a c k t o t h e p a r t s o f t h e statute.
THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID INDETERMINING
LEGISLATIVE INTENT

TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative intent.
PREAMBLE AS INTRINSIC AID
 The intent of the law as culled from its preamble and from the situation,circumstances and conditions it
sought to remedy, must be enforced.Preamble used as a guide in determining the intent of the lawmaker.

CHAPTER VIIEXTRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

EXTRINSIC AIDS
Extrinsic aids are existing aids from outside sources, meaning outside from the four corners of
the statute.Extrinsic aids are resorted to after exhausting all the available intrinsic aids and
still there remain some ambiguity in the statute.Extrinsic aids resorted to by the courts are:

History of the enactment of the statute;

Opinions and rulings of officials of the government called upon to execute or implement
administrative laws;

Contemporaneous construction by executive officers charged withimplementing and

enforcing the provisions of the statutes unless such interpretation is clearly erroneous;

Actual proceedings of the legislative body;

Individual statements by members of congress; and

The author of the lawOther sources of extrinsic aids are:

Reports and recommendations of legislative committees;

Public policy;

Judicial construction; and

Construction by the barIt is a well-accepted principle that where a statute is ambiguous,

courtsm a y e x a m i n e b o t h t h e p r i n t e d p a g e s o f t h e p u b l i s h e d A c t a s w e l l a s those
extrinsic matters that may aid in construing the meaning of thestatute, such as the history
of its enactment, the reasons of the passageof the bill and purposes to be accomplished by the
measure.
I n d i v i d u a l s t a t e m e n t s b y m e m b e r s o f C o n g r e s s o n t h e f l o o r d o n o t necess
arily reflect legislative intent. The best interpreter of the law or any of its provisions is the author of
thelaw.
CHAPTER VIIISTRICT AND LIBERAL CONSTRUCTION ANDINTERPRETATION OF
STATUTES
GENERAL PRINCIPLES
If a statute should be strictly construed, nothing should be included within the
s c o p e t h a t d o e s n o t c o m e c l e a r l y w i t h i n t h e m e a n i n g o f t h e language used.But the rule
of strict construction is not applicable where the meaning of the statute is certain and unambiguous , for
under these circumstances,there is no need for
construction.O n t h e o t h e r h a n d , t h e r e a r e m a n y s t a t u t e s w h i c h w i l l b e l i b e r
a l l y construed. The meaning of the statute may be extended to matters whichcome within the spirit
or reason of the law or within the evils which the law seeks to suppress or
correct.L i b e r a l i n t e r p r e t a t i o n o r c o n s t r u c t i o n o f t h e l a w o r r u l e s , h o w e v e
r,a p p l i e s o n l y i n p r o p e r c a s e s a n d u n d e r j u s t i f i a b l e c a u s e s
a nd circumstances. While it is true that litigation is not a game
o f technicalities, it is equally true that every case must be prosecuted
ina c c o r d a n c e w i t h t h e p r e s c r i b e d p r o c e d u r e t o i n s u r e a n o r d e r l y a n d spee
dy administration of justice.
PENAL STATUTES

Penal laws are to be construed strictly against the state and in favor
of t h e a c c u s e d . H e n c e , i n t h e i n t e r p r e t a t i o n o f a p e n a l s t a t u t e ,
t h e tendency is to subject it to careful scrutiny and to construe it with such strictness as to
safeguard the right of the accused.

If the statute is ambiguous and admits of two reasonable

b u t c o n t r a d i c t o r y c o n s t r u c t i o n s , t h a t w h i c h o p e r a t e s i n f a v o r o f a p a r t y accused
under its provisions is to be preferred.
TAX LAWS
Taxation is a destructive power which interferes with the personal and p r o p e r t y r i g h t s o f
t h e p e o p l e a n d t a k e s f r o m t h e m a p o r t i o n o f t h e i r property for the support of the
government.A c c o r d i n g l y, i n c a s e o f d o u b t , t a x s t a t u t e s m u s t b e c o n s t r u e d
s t r i c t l y against the government and liberally in favor of the taxpayer, for
taxes,b e i n g b u r d e n s , a r e n o t t o b e p r e s u m e d b e y o n d w h a t t h e a p p l i c a b l e
statute expressly and clearly declares.Any claim for exemption from a tax statute is strictly
construed againstthe taxpayer and liberally in favor of the state.
NATURALIZATION LAW
Naturalization laws should be rigidly enforced and strictly construed in favor of the
government and against the applicant.
INSURANCE LAW
C o n t r a c t s o f I n s u r a n c e a r e t o b e c o n s t r u e d l i b e r a l l y i n f a v o r o f t h e insur
ed and strictly against the insurer. Thus, ambiguity in the words of an insurance contract should be
interpreted in favor of its beneficiary.
LABOR AND SOCIAL LEGISLATIONS
D o u b t s i n t h e i n t e r p r e t a t i o n o f Wo r k m e n s C o m p e n s a t i o n a n d L a b o r C o d e s h o u l d
b e r e s o l v e d i n f a v o r o f t h e w o r k e r. I t s h o u l d b e
liberallyconstrued to attain their laudable objective, i.e., to give relief to the w
orkman and/or his dependents in the event that the former should dieor sustain in an injury.
The sympathy of the law on social security is towards its beneficiaries and the law by its own
terms, requires a construction of utmost liberalityin their favor.
RETIREMENT LAWS
Retirement laws are liberally interpreted in favor of the retiree because the intention is to
provide for the retirees sustenance and comfort, whenhe is no longer capable of earning his livelihood.
ELECTION RULES
Statute providing for election contests are to be liberally construed to theend that the will of the
people in the choice of public officer may not be defeated by mere technical objections.
RULES OF COURT
R u l e o f c o u r t s h a l l b e l i b e r a l l y c o n s t r u e d i n o r d e r t o p r o m o t e t h e i r obje
ctive of securing a just, speedy and inexpensive disposition of every action and proceeding.

CHAPTER IXPROSPECTIVE AND RETROSPECTIVE STATUTES

GENERAL PRINCIPLES
Prospective statute
 i s a s t a t u t e w h i c h o p e r a t e s u p o n a c t s a n d transactions which have not
occurred when the statute takes effect, thatis, which regulates the future.
Retrospective or retroactive law
is one which takes away or impairs v e s t e d r i g h t s a c q u i r e d u n d e r e x i s t i n g l a w s , o r
creates new
obligationsa n d i m p o s e s n e w d u t i e s , o r a t t a c h e s n e w d i s a b i l i t i e s i n r e s p e
c t o f transaction already
past.A s o u n d c a n o n o f s t a t u t o r y c o n s t r u c t i o n i s t h a t s t a t u t e s o p e r a t e prosp
ectively only and never retrospectively, unless the legislative intentt o t h e c o n t r a r y i s m a d e
m a n i f e s t e i t h e r b y t h e e x p r e s s t e r m s o f t h e statute or by necessary implication. The
Civil Code of the Philippines follows the above rule thus: Laws shall have no retroactive
effect, unless the contrary is provided.Retroactive legislation is looked upon with disfavor, as a general
rule andproperly so because of its tendency to be unjust and oppressive.
PENAL STATUTES
P e n a l s t a t u t e s a s a r u l e a r e a p p l i e d p r o s p e c t i v e l y. F e l o n i e s a n d
misdemeanors are punished under the laws in force at the time of
theircommission. (Art. 366, RPC).H o w e v e r , a s a n e x c e p t i o n , i t c a n b e g i v e n
r e t r o a c t i v e e f f e c t i f i t i s favorable to the accused who is not a habitual criminal. (Art. 22,
RPC).
PROCEDURAL LAWS ARE RETROSPECTIVE
Statutes regulating the
procedure of the Court will be construed asa p p l i c a b l e t o a c t i o n s p e n d i n g a n
d u n d e r m i n e d a t t h e t i m e o f t h e i r passage. However, Rules of Procedure should
not be given retroactiveeffect if it would result in great injustice and impair substantive
right.Procedural provisions of the Local Government Code are retrospective.
CURATIVE STATUTES
They are those which undertake to cure errors and irregularities
a n d a d m i n i s t r a t i v e p r o c e e d i n g s , a n d w h i c h a r e d e s i g n e d t o g i v e e f f e c t t o contracts
and other transactions between private parties which otherwise would fail of producing their
intended consequences by reason of somestatutory disability or failure to comply with some
technical requirement.
They are therefore retroactive in their character.

CHAPTER XCONFLICTING STATUTES

EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE
It may happen that in a statute, conflicting clauses and provisions mayarise. If such
situation may occur, the statute must be construed as a whole.
STATUTES IN PARI MATERIA
Statutes that relate to the same subject matter, or to the same class of persons or things, or
have the same purpose or object.Statutes in
pari materia
are to be construed together; each legislative acti s t o b e i n t e r p r e t e d w i t h r e f e r e n c e t o o t h e r
a c t s r e l a t i n g t o t h e s a m e matter or subject.However, if statutes of equal theoritical
application to a particular casecannot be reconciled, the statute of later date must prevail
being a laterexpression of legislative will.
GENERAL AND SPECIAL STATUTES
Sometimes we find statutes treating a subject in general terms andanot
h e r t r e a t i n g a p a r t o f t h e s a m e s u b j e c t i n p a r t i c u l a r l y d e t a i l e d manner.If
both statutes are irreconcilable, the general statute must give way
tot h e s p e c i a l o r p a r t i c u l a r p r o v i s i o n s a s a n e x c e p t i o n t o t h e g e n e r a l prov
isions.
This is so even if the general statute is later enactment of the legislaturea n d b r o a d
e n o u g h t o i n c l u d e t h e c a s e s i n s p e c i a l l a w u n l e s s t h e r e i s manifest intent to repeal or
alter the special law.
STATUTE AND ORDINANCE
If there is conflict an ordinance and a statute, the ordinance must give way.It is a well-
settled rule that a substantive law cannot be amended by a procedural law.A general law cannot
repeal a special law.I n c a s e o f c o n f l i c t b e t w e e n a g e n e r a l p r o v i s i o n o f a s p e c i a l l a w
a n d a particular provision of a general law, the latter will prevail.When there is irreconcilable
repugnancy between a proviso and the bodyof a statute, the former prevails as latest expression of
legislative
intent. T h e e n a c t m e n t o f a l a t e r l e g i s l a t i o n w h i c h i s g e n e r a l l a w c a n n o t
b e construed to have repealed a special law.A statute is superior to an administrative circular,
thus the later cannotrepeal or amend it.Where the instrument is susceptible of two
interpretations, one which will make it invalid and illegal and another which will make it
valid andlegal, the latter interpretation should be adopted.In case of conflict between an
administrative order and the provisions of the Constitutions, the latter prevails.

CHAPTER XICONSTRUCTION AND INTERPRETATION OF THECONSTITUTION

A constitution is a system of fundamental law for the governance andadministration of a nation. It
is supreme, imperious, absolute, andunalterable except by the authority from which it emanates.Under the
doctrine of constitutional supremacy, if a law or contractviolates any norm of the constitution, that law or
contract whetherpromulgated by the legislative, or by the executive branch or entered intoby private
persons for private purposes is null and void and without anyforce or effect.
ALL PROVISIONS OF THE CONSTITUTION ARE SELF-EXECUTING; EXCEPTIONS
Some constitutions are merely declarations of policies. Their provisionscommand the legislature to enact
laws and carry out the purposes of theframers who merely establish an outline of government providing
for thedifferent departments of the governmental machinery and securingcertain fundamental and
inalienable rights of citizens. Thus a constitutional provision is self-executing if the nature and extentof
the right conferred and the liability imposed are fixed by theconstitution itself.Unless it is expressly
provided that a legislative act is necessary toenforce a constitutional mandate, the presumption now is that
allprovisions of the constitution are self-executing.
In case of doubt, the Constitution should be considered self-executingrather than non-self-executing,
unless the contrary is clearly intended.Non-self-executing provisions would give the legislature discretion
todetermine when, or whether, they shall be effective, subordinated to the will of the law-making body.
PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICTINTERPRETATION
Guidelines in construction and interpretation of the constitution arestressed:1.The Court in construing
a Constitution should bear in mind theobject sought to be accomplished by its adoption, and the
evils, if any,sought to be prevented or remedied.2.One provision of the Constitution is to be
separated from all theothers, to be considered alone, but that all provisions bearing upon aparticular
subject are to be brought into view and to be interpreted asto effectuate the great purposes of the
instrument.3.The proper interpretation of the Constitution depends more on how it was
understood by the people adopting it than the framersunderstanding thereof.
THE CONSTITUTIONAL PROVISION ON NATURAL-BORNCITIZENS OF THE
PHILIPPINES GIVEN RETROACTIVEEFFECT
Under THE 1973 Constitution, those born of Filipino fathers and thoseborn of Filipino mothers with an
alien father were placed on equalfooting. They were both considered as natural-born citizens. The
constitutional provision is curative in nature.
THE CONSTITUTION MUST BE CONSTRUED IN ITSENTIRETY AS ONE, SINGLE
DOCUMENT

LIBERAL CONSTRUCTION OF ONE TITLE OF ONESUBJECT

A liberal construction of the one title-one subject rule has beeninvariably adopted by the court so as not
to cripple or impede legislation. The title expresses the general subject and all the provisions are
germaneto the general subject.
RESIGNATION OF THE PRESIDENT UNDER THE 1987CONSTITUION IS NOT GOVERNED
BY ANY FORMAL REQUIREMENT
AS TO FORM. IT CAN BE ORAL. IT CANBE WRITTEN. IT CAN BE EXPRESS. IT CAN BE I
MPLIED.SPECIAL PROVISION PREVAILS OVER A GENERAL ONE
Lex specialis derogant generali
SUPREMA LEX
It is time-honored that the Constitution is the Supreme Law of the land.It is the law of all laws. Hence, if
there is conflict between a statute andthe Constitution, the statute shall yield to the Constitution.
STARE DECISIS
The rule of precedents. Judicial decisions applying or interpreting the laws or the Constitutionshall form
part of the legal system of the Philippines.
CONCLUSION
The fundamental principle of constituitonal construction is to give effectto the intent of the framers of the
organic law and of the people adoptingit.
CHAPTER XIIRECENT CASES ON STATUTORY CONSTRUCTION

The term may is indicative of a mere possibility, anopportunity or an option.

An implied repeal is predicated on a substantial conflict between the new and prior laws.

The abrogation or repeal of a law cannot be assumed;the intention to revoke must be clear and
manifest.

When the law speaks in clear and categorical language,there is no occasion for interpretation.

Penal laws must be construed strictly. Such rule isfounded on the tenderness of the law for the
rights of individuals and on the plain principle that the power of punishment is vested in the
Congress, not in theJudicial department.

Where a requirement is made explicit and unambiguousterms, no discretion is left to the

judiciary. It must seeto it that the mandate is obeyed.

Statutes that are remedial, or that do not create new ortake away vested rights, do not fall