STATUTORY CONSTRUCTION
which when considered abstractly or
Statutory Construction
- has been defined as the art or process
of discovering and expounding the
meaning and intention of the authors of
the law with 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.
- That branch of the law dealing with the
interpretation of laws enacted by
legislature (American Jurisprudence)
- As the art of seeking the intention of
the legislature in enacting a statute and
applying it to a given state of facts.
(Justice Martin)
Interpretation
- the art or process of discovering and
expounding on the intended
signification of the language used, that
is, the meaning which the authors of
the law designed it to convey to others
Construction and Interpretation
Construction
-the drawing of conclusions with respect to
subjects that are beyond the direct expression
of the text from elements known and given in
the text
Interpretation
- Is the process of discovering the true
meaning of the language used.
- The court will resort to interpretation
when it endeavors to ascertain the
meaning of a word found in a statute,
when given its usual meaning.
Interpretation vs. Construction
- Interpretation is limited to exploring
the written text while construction goes
beyond and may call in the aid of
extrinsic considerations.
- Interpretation is the art of finding out
the true sense of any form of words,
that is, the sense which their author
intended to convey, and of enabling
others to derive from them the same
idea which the author intended to
convey. Construction is the drawing of
conclusions, respecting subjects that lie
beyond the direct expressions of the
text, from elements known from and
given in the text; conclusions which are
in the spirit, though not within the
letter, of the text.
Purpose: the purpose of construction and
interpretation is to ascertain and give effect to
the legislative intent.
POWERS
Legislative: vested in Congress of the
Philippines (Senate and House of
Representatives), except to the extent reserved
to the people by the provision on initiative and
referendum (Article 6, Sec 1, Phil. Consti)
Executive: vested in the President of the
Philippines (Article 7, Sec 1, Phil. Consti)
Judicial: vested in one Supreme Court and in
such lower courts may be established by law
(Article 7, Sec 1, Phil. Consti)
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 The situs of construction and
interpretation of written laws belong to
the judicial department.
Judicial power includes the duty of the Courts
of Justice to settle actual controversies involving
rights which are legally demandable and
enforceable, and to determine whether or not
there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
government.
Duty of the Courts to construe and interpret
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 a statute,
document, etc.
- is a condition of admitting two or more
meanings, of being understood in more
than one way, or of referring to if it is
admissible of two or more things at the
same time.
A patent ambiguity is that which appears on the
face of the instrument and arises from the
defective, vague, obscure, or insensible
language used.
Only when the law is ambiguous or of doubtful
meaning may the courts interpret or construe
its true intent.
A statute is ambiguous if it is admissible of two
or more possible meanings.
The Court is called upon to exercise one of its
judicial functions, which is to interpret the law
according to its true intent.
When the law is clear and unequivocal,
the Court has no other alternative but
to apply the law and not to interpret it
(VERBA LEGIS)
The Court cannot shy away from
applying the law when no interpretation
is needed no matter how harsh the law
may be (DURA LEX
SED LEX)
No judge or court shall decline to
render judgment by reason of the
silence, obscurity or insufficiency of the
laws (Art. 9, NCC)
Rules:
1. Where the law speaks in clear and
categorical language, there is no
room for interpretation, vacillation,
or equivocation, there is room only
for application
2. When the law is clear, it is not
susceptible of interpretation. It
must be applied regardless of who
may be affected, even if the law
may be harsh or erroneous.
3. The first and fundamental duty of
the Courts is to apply the law.
4. The duty of the Courts is to apply
the law disregarding their feeling of
sympathy or pity for the accused.
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
Hermeneutics
- The science or art of construction and
interpretation
- Systematic body of rules which are
recognized as applicable to the
construction and interpretation of legal
writings.
Kinds of Interpretation:
1. Close (Literal)- if just reasons connected
with the character and formation of the
text induce as to take the words in their
narrowest meaning.
2. Extensive (Liberal)-adopts a more
comprehensive signification of the
words
3. Extravagant- substitutes a meaning
evidently beyond the true one. It is not
genuine interpretation
4. Free or unrestricted-proceeds simply on
the general principles of interpretation
in good faith, not bound by any specific
or superior principle.
5. Limited or restricted-when we are
influenced by other principles than the
strictly hermeneutic ones.
6. Predestined-if the interpreter, laboring
under a strong bias of mind, makes the
text subservient to his preconceived
views and desires.
More often, our laws are interpreted
either literally, strictly, or liberally, and
prospectively or retroprospectively.
The most common subjects of
construction and interpretations are the
Constitution and statutes which
include ordinances, resolutions,
executive orders, and department
circulars.
Legislative Procedures
BILL->ACT->STATUTE
Bill- is the draft of a proposed law from the time
of its introduction in a legislative body through
all the various stages in both houses.
Act- is the appropriate term for it after it has
been acted on and passed by the legislature.
Statute-the written will of the legislature
solemnly expressed according to the form
necessary to constitute it as the law of the state.
HOW A BILL BECOMES A LAW
INTRO-> FIRST READING-> REFER TO
APPROPRIATE COMMITTEE AND PUBLIC
HEARINGS-> SECOND READING-> DEBATES-
>CALENDARED FOR 3 DAYS-> THIRD READING-
> BICAMERAL CONFERENCE COMMITTEE->
PRESIDENT
a. Introduction-Member of the Congress
may introduce a proposed bill to the
Secretary of the Congress who will
calendar the same for first reading.
Proponent must affix his signature in
the bill, stating his purpose.
b. First Reading- the bill read by its
number and title ONLY.
c. Refer to the appropriate committee-
referred by the speaker to a committee
for study. The committee will conduct
public hearings, calling all necessary
parties, persons, organizations, or
sectors of societies involved to obtain
reactions and feelings on the proposed
bill.
the committee shall decide after the
public hearings whether or not to
report he bill favorably or whether a
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 substitute should be considered. If the
report is unfavorably, the proposed bill
is dead, if the report is favorable, the
bill is returned to the Congress and shall
be calendared for second reading.
d. Second Reading- the bill read in its
entirety.
e. Debates-members of the assembly may
propose amendments and insertions to
the proposed bill.
The ideal bill conceived by the author
may no longer be an ideal bill, or vice -
versa.
f. Calendared for 3 days- before its final
passage, printed in its final form, and
copies distributed to members of the
Congress.
Exemption- unless the President
certifies the necessity of the immediate
enactment of the bill to meet a public
calamity or emergency (Art.6 Sec26 (2),
Phil Consti.)
three reading and no amendment
rules-to prevent hasty and improvident
legislation and afford the legislators
time to study and deliberate the
measures.
g. Third Reading-no amendment shall be
allowed. Only the title of the bill is read
and Congress will then vote on the bill.
Quorum- a sufficient number of members
of the Congress to transact its daily
business. 50% of the number of the body or
50%+1, depending on their internal rules.
h. Bicameral Conference Committee- can
introduce amendments to suit both
houses of Congress. (Compromise bill)
The powers of this committee adding or
deleting provisions are NOT a
circumvention of the no amendment
rule. Article 6, Sec 26(2) must, therefore
be construed as referring only to bills
introduced for the first time in either
House of Congress, not to the
conference committee.
i. Submitted to the President-for his
approval. If he approves it, he shall sign
it. If vetoed, it will be returned to the
House which the bill originated with his
objections. A 2/3 vote from the House
where it originated is needed for
reconsideration and will be passed to
the other house, using the same
procedure of 2/3 majority vote for the
reconsidered bill to become a law. Every
bill passed by Congress shall be acted
upon by the President within 30 days
from receipt. Otherwise, it shall become
a law as if he has signed it.
Constitutional test in the passage of a bill
regarding mechanical procedure:
1. Every bill passed by Congress shall
embrace only one subject which shall
be expressed in the title. (Art 6 Sec 26
(1) Phil. Consti).
a. to avoid hodge-podge or log-
rolling legislation;
b. to prevent surprise or fraud
upon legislature;
c. to fairly apprise the people,
through such publications of
legislative proceedings in order
that they may have opportunity
of being heard thereon by
petition.
2. No bill passed by either House shall
become a law unless it has passed three
readings on separate days, and printed
copies thereof in its final form have
been distributed to each member three
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 days before its passage, except when
the President certifies to the necessity
Kinds of Statute:
of its immediate enactment to meet a
public calamity or emergency.
3. Every bill passed by Congress shall,
before it becomes a law, be presented
to the President.
Parts of a Statute:
1. Title- An Act, brief summary of its
contents
2. Preamble-explains the reason for its
enactment and the objects sought to be
accomplished. whereas. Helpful in the
interpretation of any ambiguities.
3. Enacting clause- declares it enactment
and serves to identify it as an act of
legislation proceeding. Be it enacted.
4. Body- the main and operative part
containing substantive and even
procedural provisions.
5. Repealing clause-announces the prior
statues or specifies provision which
have been abrogated by reason of
enactment of the new law.
6. Saving clause- restriction in a repealing
act, to save rights, pending proceedings,
penalties, etc., from annihilation which
would result from an unrestricted
repeal.
7. Separability clause- provides that in the
event that one or more provisions are
declared void or unconstitutional, the
remaining provisions shall still be in
force.
8. Effectivity clause- announces the
effective date of the law
1. General law- affects the community at
large
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-operates over a particular
locality
4. Public law- a general classification of
law, consisting generally of
constitutional, administrative, criminal,
and international law, concerned with
the organization of the state, relations
between state and the people
composing it, responsibilities of public
officers to the state, to each other and
to private persons, and the relations of
states to one another.
5. Private law-defines, regulates, enforces
and administers relationship among
individuals, associations, and
corporations.
6. Remedial statute- provides means or
method whereby causes of action may
be effectuated, wrongs redressed and
relief obtained.
7. Curative statute- retrospective
legislation to operate upon past events
acts or transactions in order to correct
errors and irregularities and to render
valid and effective many attempted acts
which would otherwise be ineffective
for the purpose intended.
8. Penal statute- defines criminal offenses
and specify fines and punishment
9. Prospective law- applicable only to
cases which shall arise after its
enactment
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 10. Retrospective law-looks backward or
contemplates the past 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 shall be done.
12. Mandatory statute- require and not
merely permit a course of action.
Judicial Doctrine
- The judicial interpretation of a statute,
which constitutes part of the law as of
the date it was originally passed since
the Courts construction, merely
establishes the contemporaneous
legislative intent that the interpreted
law carried into effect
Vague Statutes
- It lacks comprehensible standards that
men of common intelligence must
necessarily guess at its meaning and
differ as to its application.
It is repugnant to the Constitution in 2
respects:
1. It violates due process for failure to
accord persons, especially the parties
targeted by it;
2. It leaves law enforcers unbridled
discretion in carrying out its provisions
and becomes an arbitrary flexing of the
Government muscle.
- Must be utterly vague on its face, that it
cannot be clarified by either a saving
clause or by construction.
Repeal of Statute: Expressed or Implied
Express repeal
- The abrogation or annulling of a
previously existing law by the
enactment of a subsequent statute
which declares that the former law shall
be revoked and abrogated.
Implied repeal
- Happens when a later statute contains
provisions so contrary to or
irreconcilable with those of the earlier
law that only one of the two statutes
can stand in force.
Repeal by implication
- Proceeds on the premise that where a
statute of later date clearly reveals an
intention on the part of the legislature
to abrogate a prior act on the subject,
that intention MUST be given effect.
- There must be a clear showing on the
part of the lawmaker that the intent in
enacting the new law was to abrogate
the old one.
Ordinance
- Is an act passed by the local legislative
body in the exercise of its law-making
authority.
Why should an ordinance not
contravene a statute?
o Municipal governments are only
agents of the national
government. Local councils
exercise only delegated
legislative powers conferred on
them by Congress as the
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 national law making body. The
delegate cannot be superior to
the principal or exercise powers
higher than those of the latter.
LEGISLATIVE INTENT
-In order to determine the true intent of the
legislature, the particular clauses and phrases of
the statute should not be taken as detached and
isolated expressions, but the whole and every
part thereof must be considered in fixing the
meaning of any of its parts
Rule:
1. Legislative intent is determined
principally from the language of the
statute.
Verba Legis
- If the language of the statute is plain
and free from ambiguity, and expresses
a single, definite, and sensible meaning,
that meaning is conclusively presumed
to be the meaning which the legislature
intended to convey. The statue must be
interpreted literally.
- When the language of the law is clear, it
should be given its natural meaning.
(case is on page 42)
Statutes as a whole
- A cardinal rule is that legislative intent
must be taken as a whole. Taken in
abstract, a word or phrase might easily
convey a meaning which is different
from the one intended.
- A statute should be construed as a
whole because it is not to be presumed
that the legislature has used any useless
words, and because it is a dangerous
practice to base the construction upon
only a part of it, since one portion may
be qualified by other portions.
- The thought conveyed by the statute in
its entirety may reveal the inaccurate
use. The courts should, when it seeks
the legislative intent, construe all of the
constituent parts of the statute
together, and seek to ascertain from the
whole act, considering every provision
and endeavoring to make every part
effective, harmonious and sensible.
- The omission of a word from a sentence
may easily cause it to express an idea
quite different from the one intended
and expressed.
Rules:
1. In interpreting a statute, care should be
taken that every part be given effect
2. Ut res magis valem quam pereat (it is
better for a thing to have effect than to
be made void)
Spirit and Purpose of Law
- When interpretation of a statute
according to the exact and literal
import 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 the strict
letter of the law.
- The courts have power to declare that a
case which falls within the letter of a
statute is not governed by the statute,
because it is not within the spirit and
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 reason of the law and the plain
intention of the legislature.
Rules:
1. A construction that gives to the
language used in a statute a meaning
that does not accomplish the purpose
for which the statute was enacted
should be rejected.
2. Between two statutory interpretations,
that which better serves the purpose of
the law should prevail.
3. Cessante ratione legis, cessat ipsa lex.
(When the reason of the law ceases, the
law itself ceases.) Ratio legis est anima
(the reason of law is its soul)
Implications:
- The implications and intendments
arising from the language of a statute
are as much a part of it as if they had
been expressed. But it is only the
necessary implications which may thus
be read into the statute.
enumerated, or which stands upon the
same reason, and is therefore within
the general scope of the statute, and it
appears that such case or object was
omitted by inadvertence or because it
was overlooked or unforeseen.
Rules:
1. The rule of casus omissus pro omisso
habendus est can operate and apply
only if and when the omission has been
clearly established.
Stare Decisis
- A point of law already established will,
generally, be followed by the same
determining court and by all courts of
lower rank in subsequent cases where
the same legal issue is raised
- Promotes stability in the law and should
be accorded respect.
Rule:

- The implication must be so strong in its 1. Follow past precedents and do not
probability that the contrary thereof
disturb what has been settled.
cannot be reasonably supposed.
Matters already decided on the
Rule: merits cannot be relitigated again
and again.
1. Doctrine of necessary implciations.
What is implied in a statute is as much a
part thereof as that which is expressed.

Cassus Omissus

- When a statute makes specific

provisions in regard to several
enumerated cases or objects, but omits
to make any provision for a acase or
objects which is analogous to those
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
Construction and Interpretation of Words and
Phrases.
1. When the law does not distinguish,
courts should not distinguish.
o The rule, founded on logic, is a
corollary of the principle that
general words and phrases of a
statute should ordinarily be
accorded their natural and
general significance
2. If the law makes no distinction, neither
should the Court.
3. Exceptions in the Statute
o When the law does not make
any exception, courts may not
except something unless
compelling reasons exist to
justify it.
General and Specific terms
General terms
- Receive a general construction, unless
restrained by the context or by plain
inferences from the scope and purpose
of the act.
Specific terms
- May sometimes be expanded to a
general signification by the
consideration that the reason if the law
is general.
Rule:
1. General terms may be restricted by
specific words, with the result that
general language will be limited by
specific language which indicates the
statutes object and purpose. The rule is
applicable only to cases wherein, expect
for one general term, all the items in an
enumeration belong to or fall under one
specific class.
General terms following special terms
(Ejusdem Generis)
- It teaches us that broad and
comprehensive expressions in an act,
such as and all others or any of the
same kind are usually to be restricted
to persons or things of the same kind
or class with those specially named in
the preceding words.
Rule:
1. Applying the rule in statutory
construction known as ejusdem generis,
that is where general words follow an
enumeration of persons or things, by
words of a particular, and specific
meaning, such general words are not to
be construed in their widest extent, but
are to be held as applying only to
persons or things of the same kind or
class as those specifically mentioned.
2. Rule of ejusdem generis merely a tool
of statutory construction resorted to
when legislative intent is uncertain.
Express Mention and Implied Exclusion
(expression unius est exclusion alterius)
- It is a general rule of statutory
construction that the express mention
of one person, thing, or consequence is
tantamount to an express exclusion of
all others.
- Anything that is not included in the
enumeration is excluded and a meaning
that does not appear nor is intended or
reflected in the very language of the
statue cannot be placed therein.
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
Associated word (Noscitur a Sociis)
- Explain and limit each other.
- When a word used in a statute is
ambiguous or vague, its meaning may
be made clear and specific by
considering the company in which it is
found and the meaning of the terms
which are associated with it.
Rule:
1. 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 those in the
affirmative are mere DIRECTORY
MAY and SHALL
- Use of word may in the statute
generally connotes a permissible thing
while shall is imperative.
- may clearly shows it is directory in
nature, not mandatory.
MUST
- The word must in a statute like
shall is not always imperative and may
be consistent with an exercise of
discretion.
AND and OR
- And means conjunction connecting
words or phrases expressing the idea
that the latter is to be added to or taken
along with the first.
- And is not meant to separate words
but is a conjunction used to denote a
joinder or union.
- Or is a disjunctive particle used to
express as alternative or to give a choice
of one among two or more things.
- Or is also used to clarify what has
already been said, and in such cases,
means in other words, to wit, or
that is to say.
- or is to be used as a function word to
indicate an alternative between
different or unlike things.
ONLY
- The word only means exclusive.
Computation of Time (Article 13, NCC)
- Years are 365 days
- Months are 30 days
- Days of 24 hours
- Nights from sunset to 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 day
included.
- A week means a period of 7
consecutive days without regard to the
day 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 which is either
to except something from the enacting
clause, or to qualify or retrain its
generality, or to exclude some possible
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
 ground of misinterpretation of its
extent.
- Provided is the word used in
introducing a proviso.
PRESUMPTIONS IN AID OF CONSTRUCTION
AND INTERPRETATION
Presumption
- In construing a doubtful or ambiguous
statute, the Courts will presume that 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 may be necessary
to effectuate the specific purpose of the
act in question.
- Construction should be in harmony with
this presumption whenever possible.
- If the language of the law is clear, courts
should not resort to presumption.
Presumption against unconstitutionality
- Laws are presumed constitutional.
Presumption against implied repeals
- To justify nullification of a law, there
must be a clear and unequivocal breach
of the Constitution, not a doubtful and
argumentative implication.
- A law shall not be declared invalid
unless the conflict with the constitution
is clear beyond reasonable doubt.
- Doctrine of Separation of Powers: a law
is supposed to have been carefully
studied and determined constitutional
before it was enacted.
Rule:
1. All laws are presumed valid and
constitutional until or unless otherwise
ruled by the Court.
2. The burden of providing the invalidity of
a law rests on those who challenge it.
Presumption against Injustice
- The law should never be interpreted in
such a way as to cause injustice as this
is never within the legislative intent.
- Motive of the legislature is to render
justice.
Rule:
1. In case of doubt in the interpretation or
application of laws, it is presumed that
the lawmaking body intended right and
justice to prevail. (Article 10, NCC)
Ninguno non deue enriquecerse
fortizaramente condano de otro.
2. A law should not be interpreted so as to
cause an injustice.
- Repeals of laws by implication are not
favored and that courts must generally
assume their congruent application.
- The two laws must be absolutely
incompatible, and clear finding thereof
must surface, before the interference of
implied repeal may be drawn.
- Interpretare et concordare lequibus est
optimus interpretendi. (every statute
must be so interpreted and brought into
accord with other laws as to form a
uniform system of jurisprudence.)
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014
Rules: Presumption against violation of International
Law
1. In the absence of an express repeal, a
subsequent law cannot be construed as - this is in conformity with the
repealing a prior law unless an Declaration of Principles and State
irreconcilable inconsistency and Policies.
repugnancy exists in the terms of the - The Philippines as a democratic and
new and old laws. republican state adopts the generally
2. Repeals of statute by implication not accepted principles of international
favored. law as part of the law of the land and
adheres to the policy of peace, equality,
Presumption against Ineffectiveness
justice, freedom, cooperation, and
amity with all nations (Article 2, Sec 2,
- It is presumed that the legislature
Phil. Consti)
intends to impart to its enactments
such a meaning as will render them
operative and effective, and to prevent
persons from eluding or defeating
them.
- In case of any doubts or obscurity, the
construction will be such as to carry out
those objects

Rule:

1. In the interpretation of a statute, the

Court should start with the assumption
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 or absurd conclusion.

Presumption against undesirable

consequences were never intended by a
legislative measure
Fontanilla, SJ G. 1C UST Civil Law Notes, Statutory Construction, Judge Noli C. Diaz, 2014