STATUTORY

CONSTRUCTION
Chapter III – Aids to Construction
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Chapter III “every bill shall embrace only one
AIDS TO CONSTRUCTION subject who shall be expressed in Preamble
A. IN GENERAL the title thereof. (One-title-one-
subject rule) • Written immediately after the title
Generally. of the statute, which states the
Case: purpose, reason, or justification for
Where the meaning of a statue is ambiguous, the enactment of the law.
the court is warranted in availing itself of all City of Baguio v. Marcos • Legislative bodies used the
illegitimate aids to construction in order that explanatory note to explain the
it can ascertain the true intent of the statute. Title of act may be resorted in the reasons for the enactment of
ascertainment of congressional will. —When statutes.
The aids to construction are those found in engaged the task of construing an obscure • Extensively used if Presidential
the printed page of the statute itself; know as expression the law (82 C.J.S. 731) or where decrees issued by the President in
the intrinsic aids, and those extraneous exact or literal rendering of the words would the exercise of his legislative power.
facts and circumstances outside the printed not carry out the legislative intent, the title
page, called extrinsic aids. thereof may be resorted to in the • Not an essential part of the statute.
ascertainment of congressional will. Reason Hence, where the meaning is clear
Intrinsic aids, when to use therefor is that the title of the law may and unambiguous, it can neither
properly be regarded as an index of or clue expand nor restrict its operation,
Title. or guide to legislative intention. (82 C.J.S. much less prevail over the text. Nor
734) This is especially true in this it can be used as basis to give a
• The meaning of the statute is jurisdiction. For the reason that by specific statute meaning not apparent on its
obscure (uncertain); courts may constitutional precept, “no bill which may be face.
resort to its title to clear the enacted into law shall embrace more than • Strictly speaking, it is not part of the
obscurity. one subject which shall be expressed in the statute, but when the statute is
• May indicate the legislative intent to title of the bill.” (Sec. 21 [1], Art. VI, Const.) ambiguous, the preamble sets out
extend of restrict the scope of law. In such case, courts “are compelled by the the intention of the legislature.
• Resorted as an aid where there is Constitution to consider both the body and • Preamble is the key of the statute, to
doubt as to the meaning of the law the title in order to arrive at the legislative open the minds of the lawmakers as
or as to the intention of the intention.” (37 A.L.R. 952) to the purpose is achieved, the
legislature in enacting it, and not mischief to be remedied, and the
otherwise. When resort to title is not authorized. object to be accomplished, by the
• Serves as a guide to ascertaining provisions of the legislature.
legislative intent carries more When the text of the statute is clear and free • When there is ambiguity, it may be
weight in this jurisdiction because of from doubt, it is improper to resort to its used to decide the proper
the constitutional requirement that title to make it obscure. construction to be given to the

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statute. occupying or possessing the property of the Aboitiz Shipping Corporation v. City of
• May restrict to what otherwise latter against his will for residential, Cebu
appears to be a broad scope of law. commercial or any other purposes.
(i.e. in the commission of crime, an Public Wharves; “Public” refers to use rather
element not clearly expressed in its The decree was promulgated to solve the than ownership. —The word “public”, as
text) squatting problem which according to its employed to describe a wharf, does not refer
• It may express the legislative intent preamble is still a major problem in urban to its ownership either by the National
to make the law apply retroactively communities all over the country and Government or by a province or
in which case the law has to be because many persons and entities found to municipality. It denotes rather the nature of
given retroactive effect. have been unlawfully occupying public and its use. Thus public wharves have been held
private lands belong to the affluent class. to be those used generally by the public, free
Cases: of charge or for compensation, while a
The court said that crime may only be private wharf is one whose owner or lessee
People v. Purisima committed in urban communities and not in has exclusive enjoyment or use thereof.
agricultural and pastural lands because the
The preamble of a statute may be referred to preamble of the decree shows that it. City may not collect wharfage dues for use of
determine what acts fall within the purview of public wharves owned by National
a penal statute. —Because of the problem of Context of whole text. Government. —A provision of the charter of a
determining what acts fall within the city authorizing it to fix charges to be paid by
purview of P.D. 9, it becomes necessary to • Best source from which to ascertain all watercraft using “public wharves” located
inquire into the intent and spirit of the the legislative intent. in said city does not authorize it to collect
decree and this can be found among others • To ascertain legislative intent is the wharfage dues on wharves owned by the
in the preamble or “whereas” clauses which statute itself taken as a whole and in National Government.
enumerate the facts or events which justify relation to one another considering
the promulgation of the decree and the stiff the whole context of the statute and Punctuation Marks
sanctions stated therein. (i.e. the state of not from an isolated part of the
martial law) provision. • Semi- colon – used to indicate a
• The meaning dictated by the context separation in the relation of the
People v. Echavez, Jr. prevails. thought, what follows must have a
• Every section, provision, or clause of relation to the same matter it
Issue: whether a person who squatted on a the statute must be expounded by precedes it.
pastoral land could be held criminally liable reference to each other in order to • Comma and semi- colon are use for
for the violation of PD 772 “any person who, arrive at the effect contemplated by the same purpose to divide
with the use of force, intimidation or threat, the legislature. sentences, but the semi – colon
or taking advantage of the absence or makes the division a little more
tolerance of the land owner, succeeds in Case: pronounce. Both are not used to

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introduce a new idea. citizen, etc.," which separates said phrase • Secondary aids
• Punctuation marks are aids of low from the preceding ones. • They are prefixed to sections, or
degree and can never control But even disregarding the grammatical chapters of a statute for ready
against the intelligible meaning of construction, as done by the appellee, still reference or classification.
written words. there are cogent and powerful reasons why • Not entitled too much weight and
• An ambiguity of a statute which may the qualifying clause should be limited to the inferences drawn there from are of
be partially or wholly solved by a last antecedent- In the first place, to make little value and they can never
punctuation mark may be the acceptance of the backpay certificates control the plain terms of the
considered in the construction of a obligatory upon any citizen, association, or enacting clauses, for they are not
statute. corporation, which are not government part of the law.
• The qualifying effect of a word or entities or owned or controlled by the • The provisions of each article are
phrase may be confined to its last government, would render section 2 of controlling upon the subject thereof
antecedent if the latter is separated Republic Act No. 897 unconstitutional, for it and operate as a general rule for
by a comma from the other would amount to an impairment of the settling such questions as are
antecedents. obligation of contracts by compelling private embraced therein.
• An argument based on punctuation creditors to accept a sort of promissory note • When the text of a statute is clear
is not persuasive. payable within ten years with interest at a and unambiguous, there is neither
rate very much lower than the current or necessity nor propriety to resort to
Case: even the legal one. the headings or epigraphs of a
Florentino v. PNB Doctrine of last antecedent: a doctrine of section for interpretation of the text,
The question raised is whether the clause interpretation (construction) of statutes that especially when they are mere
“who may be willing to accept the same for any qualifying words or phrases refer to the reference aids indicating the general
settlement” refers to all antecedents “the language immediately preceding the nature of the text that follows.
Government, any of its branches or qualifier, unless common sense shows that it Case:
instrumentalities, the corporations owned or was meant to apply to something more
controlled by the Government, etc.," or only distant or less obvious. People v. Yabut
the last antecedent “any citizen of the
Philippines, or any association or Capitalization of letters. REVISED PENAL CODE; STATUTORY
corporation organized under the laws of the CONSTRUCTION ; COMMISSION OF
Philippines.” An aid of low degree in construction. There ANOTHER CRIME DURING SERVICE OF
Grammatically, the qualifying clause refers is no difference between the use of capital PENALTY IMPOSED FOR ANOTHER
only to the last antecedent; that is, “any letters in the former and of small letters in PREVIOUS OFFENSE.—The appellant places
citizen of the Philippines or any association the latter. much stress upon the word "another"
or corporation organized under the laws of appearing in the English translation of the
the Philippines.” It should be noted that Headnotes or epigraphs. headnote of article 160 of the Revised Penal
there is a comma before the words “or to any Code and would have the court to accept his

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deduction from the headnote that article 160 "A chattel mortgage shall be deemed to
is applicable only when the new crime which Intent or spirit of law. cover only the property described therein
is committed by a person already serving and not like or substituted property
sentence is different from the crime for • It is the law itself. thereafter acquired by the mortgagor and
which he is serving sentence. Inasmuch as • Controlling factor, leading star and placed in the same depository as the
the appellant was serving sentence for the guiding light in the application and property originally mortgaged, anything in
crime of homicide he contends the court interpretation of a statute. the mortgage to the contrary
below erred in applying article 160 in the • A statute must be according to its notwithstanding."
present case which is a prosecution for spirit or intent.
murder involving homicide. No such • Must be found within the four In order to give a correct construction to the
deduction is warranted from the text itself of corners of a statute. above-quoted provision of our Chattel
article 160, nor from the Spanish caption. • The courts cannot assume an intent Mortgage Law (Act No. 1508), the spirit and
that is in no way expressed and then intent of the law must first be ascertained.
It is familiar law that when the text itself of a construe the statute to accomplish When said Act was placed on our statute
statute or a treaty is clear and unambiguous, the supposed intention; otherwise books by the United States Philippine
there is neither necessity nor propriety in they would pass beyond the bounds Commission on July 2, 1906, the primary aim
resorting to the preamble or headings or of judicial power to usurp legislative of that law-making body was undoubtedly to
epigraphs of a section for interpretation of power. promote business and trade in these Islands
the text, especially where such epigraphs or Case: and to give impetus to the economic
headings of sections are mere catchwords or development of the country. Bearing this in
reference aids indicating the general nature Torres v. Limjap mind, it could not have been the intention of
of the text that follows. the Philippine Commission to apply the
In his second assignment of error the provision of section 7 above quoted to stores
Lingual Text. appellant attacks the validity of the open to the public f or retail business, where
stipulation in said mortgages authorizing the the goods are constantly sold and,
Rule is that, unless provided, where a statute mortgagor to sell the goods covered thereby substituted with new stock, such as drug
is promulgated in English and Spanish, and to replace them with other goods stores, grocery stores, dry-goods stores, etc.
English shall govern but in case of ambiguity, thereafter acquired. He insists that a If said provision were intended to apply to
Spanish may be consulted to explain the stipulation authorizing the disposal and this class of business, it would be practically
English text in case of ambiguity. substitution of the chattels mortgaged does impossible to constitute a mortgage on such
not operate to extend the mortgage to after- stores without closing them, contrary to the
However, a statute that is officially acquired property., and that such stipulation very spirit and purpose of said Act. Such a
promulgated in Spanish/English/Filipino is in contravention of the express provision construction would bring about a handicap
with translations into other language, the of the last paragraph of section 7 of Act No. to trade and business, would restrain the
language in which it is written prevails over 1508, which reads as follows: circulation of capital, and would defeat the
its transactions. purpose for which the law was enacted, to

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wit, the promotion of business and the Policy of law. days a week. —The Minimum Wage Law now
economic development of the country. prescribes a daily wage of P6 a day whether
A construction which would carry into effect the employee is paid on a daily or a monthly
In the interpretation and construction of the evident policy of law should be adopted basis. However, an employer cannot reduce
a statute the intent of the law-maker should in favor of that interpretation which would its liability for its monthly paid employees
always be ascertained and given effect, and defeat it. from P180 to P152 by paying them only at
courts will not follow the letter of a statute the rate of six days a week from Monday to
when it leads away from the true intent and A decent respect for the policy of the law Saturday computed at the rate of the
purpose of the Legislature and to must save the court from imputing to it a minimum daily wage.
conclusions inconsistent with the spirit of self-defeating, if not disingenuous purpose.
the Act.
Automotive Parts and Equipment Purpose or mischief to be suppressed.
"The Intent of a Statute is the Law. —If a Company, Inc. v. Lingad
statute is valid it is to have effect according • The mischief intended to be
to the purpose and intent of the lawmaker. Construction must uphold, not defeat removed or suppressed and the
The intent is the vital part, the essence of the legislative policy. —It is fundamental that causes which induced the
law, and the primary rule of construction 19 once the policy or purpose of the law has enactment of the law are important
to ascertain and give effect to that intent. been ascertained, effect should be won to it factors to be considered in this
The intention of the legislature in enacting a by the judiciary. If the interpretation would construction. (i.e. purpose or object
law is the law itself, and must be enforced negate the purpose of the law, it must be of the law, mischief intended to be
when ascertained, although it may not be rejected. removed, causes which induced the
consistent with the strict letter of the statute. enactment of the law)
Courts will not follow the letter of a statute Minimum Wage Law; Construction that • Must be read in such a way as to
when it leads away from the true intent and monthly employees may be paul at the rate of give effect to the purpose projected
purpose of the legislature and to conclusions six days a week from Monday to Saturday in the statute.
inconsistent with the general purpose of the computed at the rate of the minimum daily • The purpose of the general rule is
act. Intent is the spirit which gives life to a watch is rejected. —To construe the not determinative of the proper
legislative enactment. In construing statutes Minimum Wage Law as to authorize the construction to be given to the
the proper course is to start out and follow employer to pay its monthly employees at exceptions.
the true intent of the legislature and to adopt the rate of six days a week from Monday to • Purpose of statute is more
that sense which harmonizes best with the Saturday computed at the rate of the important than the rules of
context and promotes in the fullest manner minimum daily wage would defeat the grammar and logic in ascertaining
the apparent policy and objects of the purpose of the law. the meaning.
legislature." (Vol. II Sutherland, Statutory • Courts cannot assume some
Construction, pp. 693-695.) Minimum Wage Law; Monthly paid purpose in no way expressed and
employees cannot be paid at the rate of six then construe the statute to

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accomplish the supposed purpose. necessity to suppress their tendency to conducted by municipal courts and fiscals. In
• Where a statute lays down a general inflame the gambling spirit and to corrupt practice, a preliminary investigation by the
rule with certain exceptions, the public morals (Com. vs. Lund, 15 A. 2d., 839, Court of First Instance is the exception, not
purpose of the general rule is not 143 Pa. Super. 208). Since in gambling it is the general rule.
determinative of the proper inherent that something of value be
construction to be given to the hazarded for a chance to gain a larger Dictionaries
exceptions. amount, it follows ineluctably that where no
consideration is paid by the contestant to • May be consulted as an aid in
Cases: participate, the reason behind the law can determining the meaning to be
hardly be said to obtain. assigned to such words or phrases.
Caltex v. Palomar • Definition given by lexicographers
Escribano v. Avila are not binding.
Postal Law; Statutes; Term "gift • Generally define words in their
enterprise" is used in association with word The maxim “inclusio unius est exclusio natural plain and ordinary
"lottery"—In the Postal Law the term "gift akerious” does not apply where the omission acceptance and significance.
enterprise" is used in association with the of something which is otherwise within the
word "lottery." Consonant to the well-known statute has nothing to do with the purpose of Consequences of various constructions
principle of legal hermeneutics noscitur a the amendment. —The maxim cannot be
sociis, it is only logical that the term be applied in this case because, as shown above, • A construction of a statute should be
accorded no other meaning then that which the fact that the Court of First Instance is not rejected that will cause injustice and
is consistent with the nature of the word mentioned in the amendment, as being hardship, result in absurdity, defeat
associated therewith. Hence, if lottery is empowered to conduct a preliminary legislative intent or spirit, preclude
prohibited only if it involves a consideration, investigation in cases of written defamation, accomplishment of legislative
so also must the term "gift enterprise" be so has nothing to do with the purpose of the purpose or object, render certain
construed. Significantly, there is not the amendment. It should be stressed that in words or phrases a surplusage,
slightest indicium in the law of any intent to construing a law, the court must look to the nullify the statute or make any of its
eliminate the element of consideration from object to be accomplished, the evils and provisions nugatory.
the "gift enterprise” therein included. mischief sought to be remedied, or the
purpose to be subserved, and it should give
Presumptions
Purpose of mail fraud orders.—Mail fraud the law a reasonable or liberal construction
orders are designed to prevent the use of the which will best effect its purpose rather than
mails as a medium for disseminating printed one which will defeat it (82 C.J.S. 593). It is • Based on logic, experience, and
matters which on grounds of public policy reasonable to surmise that the Court of First common sense, and in the absence
are declared non-mailable. As applied to Instance was not mentioned due to of compelling reasons to the
lotteries, gift enterprises and similar inadvertence. That oversight is not unusual contrary, doubts as to the proper
schemes, justification lies in the recognized since preliminary investigations are usually and correct construction of a statute
will be resolved in favor of that

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construction which is in accord with obvious. should be adopted in
the presumption on the matter. (e.g. Capitalization An aid of low degree in favor of that
presumption of constitutionality) of letters construction. There is no interpretation which
difference between the would defeat it.
Summary use of capital letters in Purpose of law The mischief intended to
Intrinsic Aids Use/Description the former and of small or mischief to be removed or
Title Where there is doubt as letters in the latter. be suppressed suppressed and the
to the meaning of the law Headnotes or Not entitled too much causes, which induced the
or as to the intention of epigraphs weight and inferences enactment of the law, are
the legislature in enacting drawn there from are of important factors to be
it, and not otherwise. little value and they can considered in this
Preamble Sets out the intention of never control the plain construction.
the legislature. May be terms of the enacting Dictionaries May be consulted as an
used to decide the proper clauses, for they are not aid in determining the
construction to be given part of the law. meaning to be assigned to
to the statute. Lingual text Rule is that, unless such words or phrases.
Context of Every section, provision, provided, where a statute Consequences A construction of a
whole text or clause of the statute is promulgated in English of various statute should be rejected
must be expounded by and Spanish, English shall constructions that will cause injustice
reference to each other in govern but in case of and hardship, result in
order to arrive at the ambiguity, Spanish may absurdity, defeat
effect contemplated by be consulted to explain legislative intent or spirit,
the legislature. the English text in case of preclude accomplishment
Punctuation An aid of low degree in ambiguity. of legislative purpose or
marks construction. Doctrine of object, render certain
last antecedent: a However, a statute that is words or phrases a
doctrine of interpretation officially promulgated in surplusage, nullify the
(construction) of statutes Spanish/English/Filipino statute or make any of its
that any qualifying words with translations into provisions nugatory.
or phrases refer to the other language, the Presumptions In favor of that
language immediately language in which it is construction which is in
preceding the qualifier, written prevails over its accord with the
unless common sense transactions. presumption on the
shows that it was meant Policy of law A construction that would matter. (e.g. presumption
to apply to something carry into effect the of constitutionality)
more distant or less evident policy of law

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B. Legislative History (Extrinsic Aids) and contemporary events at the Explanatory note.
time of its enactment
Generally. • A short exposition of explanation
Case: accompanying a proposed
When there is ambiguity, one can resort to legislation by its author or
the legislative history as ascertained in the Tamayo v. Gsell proponent.
history. The court may take judicial notice of • Where there is ambiguity in a
the origin and history of the statute. STATUTES; CONSTRUCTION AND statute or where a statute is
OPERATION; EMPLOYERS' LIABILITY ACT. -- susceptible of more than one
What constitutes legislative history. When a statute has been adopted from some interpretation, courts may resort to
other state or country and such statute has the explanatory note to clarify the
Refers to all its antecedents from its been previously construed by the courts of ambiguity and ascertain the purpose
inception until its enactment to law. From such state or country, the statute is generally or intent of the statute.
the time the bill is introduced to its passage. deemed to have been adopted with the • Used to give effect to the purpose or
construction so given it. Act No. 1874 having intent as disclosed in its explanatory
What it includes: been adopted from the Massachusetts Act, note.
which in turn (as well as similar statutes in • A statute affected or changed an
• President’s message if the bill is some other states in the United States) was existing law and the explanatory
enacted in response thereto, adopted from the English Act, the decisions note to the bill which has eventually
• The explanatory note accompanying of the high courts in those jurisdictions, enacted into a law states that the
the bill construing and interpreting the Act, purpose is too simply to secure the
• Committee reports of legislative followed. prompt action on a certain matter
investigations by the officer concerned and not to
• Public hearings on the subject of the President’s message to the legislature. change the existing law; the statute
bill should be construed to carry out
• Sponsorship speech • The president shall address the such purpose.
• Debates and deliberations congress at the opening of its • Cannot be used to read a meaning of
concerning the bill regular session or appear before it a statute that does not appear nor
• Amendments and changes in at any other time. reflected in the language of the
phraseology in which it undergoes • Usually contains proposed legal statute.
before final approval thereof measures.
• If the statute is based from a • Indicates his thinking on the Legislative debates, views and
revision, a prior statute, the latter’s proposed legislation, when enacted deliberations.
practical application and judicial into law, follows his line of thinking
construction, on the matter. • Courts may avail to themselves the
• Various amendments it underwent actual proceedings of the legislative

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body to assist in determining the Manila Jockey Club, Inc. vs. Games and they indicate the intent of the House of
construction of a statute of doubtful Amusements Board Representatives.
meaning.
• There is doubt to what a provision STATUTORY CONSTRUCTION; Reports of Commissions.
of a statute means, that meaning INTERPRETATION OF STATUTES;
which was put to the provision INTENTION OF AUTHOR MUST NOT ONLY Commissions are usually formed to compile
during the legislative deliberation or BE ASCERTAINED BUT IT IS NECESSARY and collate all laws on a particular subject
discussion on the bill may be THAT SUCH INTENTION HAS BEEN and to prepare the draft of the proposed
adopted. EXPRESSED IN SUCH A WAY AS TO GIVE IT code.
• Views expressed are as to the bill’s LEGAL EFFECT AND VALIDITY. — In the
purpose, meaning or effect are not interpretation of a legal document, especially Prior laws from which statute is based.
controlling in the interpretation of a statute, unlike in the interpretation of an
the law. ordinary written document, it is not enough Courts are permitted to prior laws on the
• It is impossible to determine with to obtain information as to the intention or same subject and to investigate the
authority what construction was put meaning of the author or authors, but also to antecedents of the statute involved.
upon an act by the members of the see whether the intention or meaning has
legislative body that passed the bill. been expressed in such a way as to give it This is applicable in the interpretation of
• The opinions expressed by legal effect and validity. In short, the purpose codes, revised or compiled statutes, for the
legislators in the course of debates of the inquiry, is not only to know what the prior law which have been codified,
concerning the application of author meant by the language he used, but compiled or revised will show the legislative
existing laws are not also given also to see that the language used sufficiently history that will clarify the intent of the law
decisive weight, especially where expresses that meaning'. The legal act, so to or shed light on the meaning and scope of
the legislator was not a member of speak, is made up of two elements -- an the codified or revised statute.
the assembly that enacted the said internal and an external one; it originates in
laws. intention and is perfected by expression. Change in phraseology by amendments.
• When a statute is clear and free Failure of the latter may defeat the former.
from ambiguity, courts will not (59 C. J., 1017). Intents to change the meaning of the
inquire into the motives which provision.
influence the legislature or Casco Phil. Chemical Co., v. Gimenez
individual members, in voting for its A statute has undergone several
passage; no indeed as to the Statutory construction; Individual statements amendments, each amendment using
intention of the draftsman, or the by members of Congress on the floor; different phraseology, the deliberate
legislators, so far as it has not been Legislative intent not necessarily reflected. — selection of language differing from that of
expressed into the act. Individual statements made by Senators on the earlier act on the subject indicates that a
Cases: the floor of the Senate do not necessarily change in meaning of the law was intended
reflect the view of the Senate. Much less do and courts should so construe that statute as

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to reflect such change in meaning. Adopted statutes. similar legislation in those countries.

Amendment by deletion. Foreign statutes are adopted in this country Limitations of rule.
or from local laws are patterned form parts
Deletion of certain words or phrases in a of the legislative history of the latter. A statute which has been adopted from that
statute indicates that the legislature of a foreign country should be construed in
intended to change the meaning of the Local statutes are patterned after or copied accordance with the construction given it in
statute, for the presumption is that the from those of another country, the decision the country of origin is not without
legislation would not have made the deletion of the courts in such country construing limitations.
had the intention been not effect a change in those laws are entitled to great weight in the
its meaning. interpretation of such local statutes. Case:

A statute containing a provision prohibiting Case: Republic v. Manila Electric Co.
the doing of a certain thing is amended by
deleting such provision. United States v. Guzman We are not persuaded. American decisions
and authorities are not per se controlling in
Exceptions to the rule. STATUTES; CONSTRUCTION WITH this jurisdiction. At best, they are persuasive
REFERENCE TO THEIR HISTORY. —In for no court holds a patent on correct
An amendment of the statue indicates a construing the statutes which the courts are decisions. Our laws must be construed in
change in meaning from that which the called upon to administer and apply, judicial accordance with the intention of our own
statute originally had applies only when the notice may be taken of their origin and lawmakers and such intent may be deduced
intention is clear to change the previous history, and of the facts which affect their from the language of each law and the
meaning of the old law. derivation, validity and operation. context of other local legislation related
thereto. More importantly, they must be
Rules don’t apply when the intent is clear ID.; CONSTRUCTION WITH REFERENCE TO construed to serve our own public interest
that the amendment is precisely to plainly AMERICAN AND ENGLISH LEGISLATION. — which is the be-all and the end-all of all our
express the construction of the act prior to For the proper construction and application laws. And it need not be stressed that our
its amendment because its language is not of the terms and provisions of legislative public interest is distinct and different from
sufficiently expressive of such construction. enactments which have been borrowed from others.
or modelled upon Anglo-American
Frequently, words do not materially affect precedents, it is proper and often times Principles of common law.
the sense will be omitted from the statute as essential to review the legislative history of
incorporated in the code or revised statute, such enactments and to find an authoritative Known as Anglo-American jurisprudence
or that some general idea will be expressed guide for their interpretation and application which is no in force in this country, save only
in brief phrases. in the decisions of American and English insofar as it is founded on sound principles
courts of last resort construing and applying applicable to local conditions and is not in

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conflict with existing law, nevertheless, grew and to which it may be rationally Usually, contemporaneous construction
many of the principles of the common law supposed to bear some direct relationship, refers to the construction placed upon an
have been imported into this jurisdiction as the evils intended to be remedied and the executive or administrative officer because
a result of the enactment of laws and good to be accomplished are proper subjects they are the very first officials to interpret
establishment of institutions similar to those of inquiry. the law, preparatory to its enforcement.
of the US. These interpretations are in the form of
Law being a manifestation of social culture rules and regulations, circulars, directives,
Case: and progress must be interpreted taking into opinions and rulings.
consideration the stage of such culture and
Commissioner of Customs v. Caltex progress including all the concomitant Three types of executive interpretation:
circumstances.
STATUTORY CONSTRUCTION; LEGISLATIVE a. executive or administrative officer directly
INTENT. —Since it was well known, when Law is not a watertight compartment sealed called to interpret the law
the Petroleum Act was passed and the or shut off from the contact with the drama - may be expressed or implied
concession was granted to respondent, that of life which unfolds before our eyes. - expressed if it is embodied in a
there was no Philippine crude petroleum circular, directive or regulation
available for the use of any refinery in the C. Contemporary Construction - implied its interpretation is by
Philippines, Congress could not have usage or practice
intended that before exemption from Generally.
customs duties may be extended to a b. Secretary of Justice – in his capacity as the
concessionaire, the latter should only refine Constructions placed upon statutes at the chief legal adviser of the government. His
crude petroleum produced in the time of, or after their enactment, by the opinion are controlling the executive branch
Philippines, for that would defeat the very executive, legislature, or judicial authorities in the absence of a judicial ruling unless
objective of the Act. as long as those who are knowledgeable of probated by the President.
the intent and purpose of law.
History of times. Contemporanea expositio est optima et President or Executive Secretary has the
fortissimo in lege – the contemporary power to modify, alter, or reverse the
A court may look to the history of the times, construction is strongest in law. construction given by a department
examining the state of things existing when secretary.
the statute was enacted. The courts resort to contemporaneous
construction when there is an ambiguous or c. Executive officer exercising quasi-judicial
A statute should not be construed in a spirit doubtful provision of law. power
as if it were a protoplasm floating around in
space. In determining the meaning, intent, Executive construction, generally; kinds Weight accorded to contemporaneous
and purpose of a law or constitutional of. construction.
provision, the history of the times of which it

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Entitled to great weight and respect by the Case: a. It comes from a particular branch of a
courts, unless it is clearly erroneous, will government called upon to implement the
control the interpretation of statute by the Manila Jockey Club, Inc. v. Games and law thus construed (ratio: due to their
courts. Amusement Board competence, expertness, and informed
judgment, and the fact that they are
In the absence of error or abuse of power, On the principle of contemporaneous frequently the drafters of the law they
the action of the agency would not be exposition, common usage and practice interpret).
disturbed by the courts. under the statute, or a course of conduct
indicating a particular undertaking of it, will b. Need for certainty and predictability in the
Case: frequently be of great value in determining law.
its real meaning, especially where the usage
Nestle Philippines, Inc. v. Court of Appeals has been acquired in by all parties concerned When contemporaneous construction
and has extended over a long period of time. disregarded.
The rationale for this rule relates not only to
the emergence of the multifarious needs of a It is safe to conclude that when the Contemporaneous construction of a statute
modern or modernizing society and the legislature chose not to specify in express is neither controlling nor binding upon the
establishment of diverse administrative terms how the additional sweepstakes courts.
agencies for addressing and satisfying those draws and races would be held, it did not
needs; it also relates to accumulation of intend to disturb the prevailing practice and a. When there is no ambiguity in the law
experience and growth of specialized statute should thus be so constructed as not b. Where the construction is clearly
capabilities by the administrative agency to change the practice. erroneous
charged with implementing a particular c. Where a strong reason to the contrary
statute. Construction of rules and regulations. exist
d. When the court has given the statute a
Weight accorded to usage and practice. Rules and regulations issued executive and different interpretation
administrative officers pursuant to, and as It is the role of the judiciary to define and
Common usage under a statute, or a course authorized by law, have the force and effect when necessary, to correct constitutional or
of conduct indicating a particular of laws. statutory interpretation in the context of the
undertaking of it, is frequently of great value interaction of the three branches of the
in determining its real meaning, especially Interpretation by those charged with their government.
when the usage has been acquiesced in by all enforcement is entitled to great weight by
the parties concerned and has extended over the court. Case:
a long period of time.
Reasons why contemporaneous Koppel (Philippines), Inc. v. Yatco
The best interpreter of the law is its usage. construction is given much weight.
Optimus interpres rerum usus. The ruling of the Secretary of Finance, was

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not binding upon the trial court, much less Exception: when a tax statute is not too plain become satisfied that a different
upon this tribunal, since the duty and power and simple to understand, a taxpayer construction should be given.
of interpreting the laws is primarily a faithfully complied with the obligation. In
function of the judiciary. Plaintiff cannot be such case, the taxpayer may not be required Legislative interpretation.
excused from abiding by this legal principle, to pay additional tax during the period that
nor can it properly be heard to say that it the said circular had not been rescinded by a Legislature can provide a declaratory clause
relied on the Secretary's ruling and that, subsequent circular correcting erroneous prescribing rules of construction.
therefore, the courts should not now apply interpretation.
an interpretation at variance therewith. Take form of an implied acquiescence to, or
Case: approval of, an executive or judicial
Erroneous contemporaneous construction of a statute.
construction does not preclude Hilado v. Collector of Internal Revenue
correction nor create rights; exceptions. The legislature cannot limit or restrict the
“It seems too clear for serious argument that power granted to the courts by the
The doctrine of estoppel does not preclude an administrative officer can not change a constitution.
correction of the erroneous construction by law enacted by Congress. A regulation that is
the officer himself by his successor or by the merely an interpretation of the s tatute when Legislative approval.
court in an appropriate case. once determined to have been erroneous
becomes nullity. An erroneous construction May manifest in many ways as when it
An erroneous contemporaneous of the law by the Treasury Department or reenacts the statute previously given
construction creates no vested right on the the collector of internal revenue does not contemporaneous construction, uses similar
part of those relied upon, and followed such preclude or estop the government from similar language of an earlier law which
construction. collecting a tax which is legally due.” (Ben received a practical application.
Stocker, et al., 12 B.T. A., 1351.) “Art. 2254.
A vested right may not arise from a wrong — No vested or acquired right can arise from Reenactment.
interpretation of a law by an administrative acts or omissions which are against the law
or executive officer whose primary duty is to or which infringe upon the rights of others.” Most common act of approval.
enforce, and not to construe the law. (Article 2254, New Civil Code.)
The re-enactment of a statute, previously
Consequently, those who benefited from the The Secretary of Finance is vested with given a contemporaneous construction is
erroneous contemporaneous construction authority to revoke, repeal or abrogate the persuasive indication of the adoption by the
may not prevent correction of such acts or previous rulings of his predecessors legislature of the prior construction.
construction, nor excuse themselves from in office because the construction of a statute
complying with the construction as by those who administer it is not binding on Re-enactment if accorded greater weight and
corrected. their successors if thereafter the latter respect than the contemporaneous
construction of the statute before its

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ratification. interpreting the laws is primarily a function the rst principle of justice that, absent any
of the judiciary. Plaintiff cannot be excused powerful countervailing considerations, like
Stare decisis. from abiding by this legal principle, nor can cases ought to be decided alike. Thus, where
it properly be heard to say that it relied on the same questions relating to the same
Judicial interpretation of a statute and is of the Secretary's ruling and that, therefore, the event have been put forward by the parties
courts should not now apply an similarly situated as in a previous case
greater weight than that of an executive or
interpretation at variance therewith. The litigated and decided by a competent court,
administrative officer in the construction of rule of stare decisis is undoubtedly entitled the rule of stare decisis is a bar to any
other statutes of similar import. to more respect in the construction of attempt to relitigate the same issue."
statutes than the interpretations given by
The rule of stare decisis is not absolute. officers of the administrative branches of the Tung Chin Hui v. Rodriguez
government, even those entrusted with the
It does not apply when there is a conflict administration of particular laws; and yet in Stare decisis cannot compel the Supreme
between the precedent and the law. Philippine Trust Co. and Smith, Bell & Co. vs. Court to apply to the present case the alleged
Mitchell (59 Phil., 30), this court refused to precedents decided during the regime of the
The duty of the court is to forsake and follow its own doctrine laid down in a pre-1997 Rules. —It should be stressed
abandon any doctrine or rule found to be in former case, saying: "More important than that stare decisis presupposes that the facts
violation of law in force. anything else is that the court should be of the precedent and the case to which it is
right." applied are substantially the same. In this
Inferior courts as well as the legislature case, there is one crucial difference. All the
cannot abandon a precedent enunciated by CIR v. Insular Life Assurance Co. incidents of the present controversy
the SC except by way of repeal or occurred when the 1997 Revised Rules of
amendment of the law itself. "Time and again, the Court has held that it is Court was already in effect. On the other
a very desirable and necessary judicial hand, all the cited precedents had been
Cases: practice that when a court has laid down a resolved under the pre-1997 Rules.
principle of law as applicable to a certain Accordingly, stare decisis cannot compel this
Koppel Philippines, Inc. v. Yatco state of facts, it will adhere to that principle Court to apply to the present case the alleged
and apply it to all future cases in which the precedents decided during the regime of the
TATUTORY facts are substantially the same. Stare decisis pre-1997 Rules. The cited cases applied a
CONSTRUCTION; INTERPRETATION BY et non quieta movere. Stand by the decisions specific provision of the Rules in effect at the
OFFICERS OF ADMINISTRATIVE BRANCHES and disturb not what is settled. Stare decisis time. But because that provision had already
NOT BlNDING ON COURTS; "STARE simply means that for the sake of certainty, a been repealed when the facts under present
DECISIS"; CASE AT BAR. —The ruling of the conclusion reached in one case should be consideration occurred, the Court can no
Secretary of Finance, Exhibit M, was not applied to those that follow if the facts are longer rely on those cases. In deed, to rule
binding upon the trial court, much less upon substantially the same, even though the otherwise is to bar the effectivity of the 1997
this tribunal, since the duty and power of parties may be different. It proceeds from amendments, which conflict with

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jurisprudence decided under an old and
repealed rule. Verily, petitioner’s contention
effectively precludes changes and freezes
our procedural rules.

END OF CHAPTER

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