A.

 Definition of Statutory Construction (Links to an external site.)

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.

B. When construction is necessary

Well known is the rule of statutory construction to the effect that a statute clear and
unambiguous on its face need not be interpreted; stated otherwise, the rule is that only statutes
with an ambiguous or doubtful meaning may be the subject of statutory construction

C. Characteristics of Construction

1. Art or process;
2. involves determination of legislative intent;
3. necessary when legislative intent cannot be readily ascertained
from the words used in the law as applied under a set of facts;

4. judicial function.
5. As judges, we are not automatons. We 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

D. Purpose of construction; limits on the power of construction

1. Purpose of construction; determine legislative intent

2. The ascertainment of that intent is but in keeping with the
fundamental principle of constitutional construction
3.
4. Limitation on the power of courts to construe

The determination of the legislative intent is the primary consideration.

That legislative intent must be determined from the language of the statute
itself. To depart from the meaning expressed by the words is to alter the
statute is to legislate not to interpretE. Related legal principles
1. Separation of Powers
The principle of separation of powers ordains that each of the three great branches of
government has exclusive cognizance of and is supreme in matters falling within its
own constitutionally allocated sphere.   

2. Checks and balances

Checks and balances, principle of government under which separate

branches are empowered to prevent actions by other branches and are
induced to share power. Checks and balances are applied primarily in
constitutional governments   

3. Hierarchy of laws (Civil Code, Art. 7 (Links to an external site.))

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.

  
4. Stare decisis (Civil Code, Art. 8 (Links to an external site.))
Judicial decisions applying or interpreting the laws or the Constitution shall form a part
of the legal system of the Philippines.

 
II. Subject Matter of Statutory Construction
  A. Subject of Construction; Types of Laws

1. Constitution
2. Statutes
3. Executive issuances
4. Ordinances

  B. Parts of a Statute (Links to an external site.)

1. Title

   2. Preamble
   3.Enacting Clause
   4. Body
   5. Repealing Clause
   6. Separability Clause
   7. Effectivity Clause
 
C. Legislative Process
1. PREPARATION OF THE BILL

2. FIRST READING

3. COMMITTEE CONSIDERATION / ACTION

4. SECOND READING

5. THIRD READING

6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE

7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

8. CONFERENCE COMMITTEE

9. TRANSMITTAL OF THE BILL TO THE PRESIDENT

10. PRESIDENTIAL ACTION ON THE BILL

11. ACTION ON APPROVED BILL

12. ACTION ON VETOED BILL

 
D. Enrolled Bill Theory
once a bill passes a legislative body and is signed into law, the courts
assume that all rules of procedure in the enactment process were
properly followed. 

E. Journal Entry Rule

courts may have recourse to journals of either house of the legislature for ascertaining whether a
law has in fact been passed in accordance with constitutional requirements"

  F. Void-for-Vagueness Doctrine
laws that leaves its subjects to necessarily guess at its meaning and differ as to its
application

III. Legislative Intent

  A. Verbal Legis v. Ratio Legis

1. Verba legis; literal interpretation

  2. Ratio legis; spirit of the law

  B. When is construction necessary?
a statute is ambiguous when it is capable of being understood by reasonably well-
informed persons in either of two or more senses. a statute is "ambiguous", and so
open to explanation by extrinsic aids, not only when its abstract meaning or the
connotation of its terms is uncertain, but also when it is uncertain in its application to,
or effect upon, the fact-situation of the case at bar.

   C. Clerical error

it is not the letter but rather the spirit of the law and intention of the Legislature that is
important and which matters. it should be construed according to its spirit and reason,
disregarding as far as necessary, the latter of the law. 

IV. Principles of Construction

  A. General Policies on Construction

 Philippines American Drug Co., v. CIR, L-13032, 31 August

1959 (Links to an external site.)
 NAPOLCOM v. De Guzman, G.R. No. 106724, 9 February
1994 (Links to an external site.)
 Tanada v. Tuvera, 146 SCRA 446 (Links to an external
site.) (supra)
 City of Naga v. Agna, 71 SCRA 285 (Links to an external site.)

  B. General Principles/ Presumptions on the Interpretation of Certain

Statutes
   a. Penal Laws
to subject it to careful scrutiny and to construe it with such strictness as to safeguard
the rights of the accused 

b. Tax Laws

 favors the taxpayer1

  c. Social Legislation

 International Pharmaceuticals, Inc. v. Secretary, G.R. No 92981, 9

January 1992 (Links to an external site.)

  d. Rules of Court

 Office of the Court Administrator v. Garong, A.M. No. P-99-1311, 15

August 2001 (Links to an external site.)
 Provincial Sheriff of Rizal v. CA, et.al., G.R. No. L-22606, 12
December 1975 (Links to an external site.)
  e. Law on adoption

 Duncan v. Court of First Instance, G.R. No.L-30576, 10 February

1976 (Links to an external site.)

  f. Local Government/ Local Autonomy

 San Juan v. CSC, G.R. No. 92299, 19 April 1991 (Links to an

external site.)

  g. Constitution

 Bagong Bayani v. COMELEC, G.R. No. 147589, 26 June

2011 (Links to an external site.)
 Manila Prince Hotel v. GSIS, G.R. No. 122156, 3
February1997 (Links to an external site.)

 Francisco v. House of Representatives, G.R. No. 160261, 10

November 2003 (Links to an external site.)

 de Castro v. JBC, G.R. No. 191002, 17 March 2010 (read also

resolution on the MR dated 20 April 2010) (Links to an external site.)
 Chavez v. JBC, G.R. No. 202242, 17 July 2012 (Links to an
external site.)
 David v. Senate Electoral Tribunal, G.R. No. 221538, 20 September
2016. (Links to an external site.)

  h. Basic Principles Used in Statutory Construction

1. Casus omissus pro omisso habendus est

2. Constitutional Avoidance

3. Expressium facit cessare tacitum

4. Last Antecedent Rule (Links to an external site.)

5. Legislative intent must be ascertained from a consideration of the

statute as a whole
6. Mens Legislatoris or Mischief Rule

7. Pari Materia Rule

9. Plain Meaning Rule or Verba Legis

10. Ratio Legis or Golden Rule

11. Rule Against Surplasage (Links to an external site.)

A statute should not be interpreted in a way that renders a word

superfluous. Thus, any construction of a statute that does not give
meaning to every word implicates the rule against Surplusage

12. Rule of Lenity

ambiguities in a criminal statute relating to prohibition and penalties be

resolved in favor of the defendant if it is not contrary to legislative
intent.

13. Spirit of the Law vs. Letter of the Law

14. Stare Decisis

i. Latin Maxims applied in Statutory Construction

1. Absolute Sentencia Expositore Non Indiget (An absolute sentence

needs no explanation)

2. casus omissus pro omisso habendus est (A person, object, or thing

omitted from an enumeration in a statute must be held to have been
omitted intentionally)

         Cessante ratione legis, cessat ipsa lex (The reason for a law
ceasing, the law itself ceases)

      

4. Dura lex sed lex (The law may be harsh but it is the law)
5. Ejusdem generis (Of the same kind)

6. Expressio unius est exclusio alterius (The expression of one thing is

the exclusion of another)

7. Generalia specialibus non derogant (General things do not

derogate from special things)

8. Leges posteriores priores contrarias abrogant (Subsequent laws

repeal those before enacted to the contrary)

9. Lex de futuro, judex de praeterito (The law provides for the future,
the judge for the past)

10. Lex Prospicit, Non Respicit (The law looks forward, not backward)

11. Noscitur a sociis (Known from its associates)

12. Optima statuti interpretatrix est ipsum statutum (The best interpreter
of a statute is the statute itself)

13. Ratio legis est anima (The reason of the law is the soul of the law.)

14. Reddendo singula singulis (Referring each to each)

15. Ubi lex non distinguit nec nos distinguire debemus (When the law
does not distinguish, we must not distinguish.)

