STATUTORY CONSTRUCTION NOTES

CHAPTER I – PRELIMINARY The systematic body of rules which are recognized as

CONSIDERATIONS applicable to the construction and interpretation of legal
writings.
Statutory Construction
The art or process of discovering and expounding the Subjects of Construction and Interpretation
meaning and intention of the authors of the law with 1. Constitution
respect to its application to a given case. 2. Statutes (i.e. ordinances)
3. Resolutions
NOTE: A judicial function is required when a statute is 4. Executive Orders
invoked and different interpretations are in contention 5. Department Circulars

Rules in discarding portions of the Law

CHAPTER II – STATUTES
1. Statutory Construction – discarding a provision that
is invalid where the remainder of the acts in the law
remains workable and in no way depends upon the Legislative Procedure
invalid portion. 1. Bill – draft of a proposed law from introduction to the
2. Judicial legislation – The excision of a portion that is Congress through the various stages in both houses,
an integral part of the act, where its excision changes before it is enacted into law by a vote of the
the manifest intent by broadening its scope to include legislative body.
subject matters that weren’t present when enacted. 2. Act – when a bill is acted on or passed by the
legislative.
Construction Vs. Interpretation 3. Statute – the written will of legislature solemnly
1. Construction – drawing of conclusions with respect express according to the form necessary to be a law
to subjects that are beyond the direct expression of of the state.
the text from elements known and given in the text.
2. Interpretation – the process of discovering the true NOTE: Statutory law includes statute, judicial
meaning of the language used. (abstract or usual interpretation and application of the enactment.
meaning)
Bill becoming a Law
NOTE: If legislative intent is not known after
interpretation, court will proceed to construction 1. A member of a house introduces proposed bill to the
Secretary of the house, who will then calendar it for
Situs of Construction and Interpretation first reading.
The situs of Construction and Interpretation in 2. First Reading – bill read by its number and title only.
discovering the legislative intent lies in the judiciary. Bill referred to appropriate committee who will
Courts may, in the exercise of checks and balances, conduct public hearings hearings to study the bill.
declare legislative measures and executive acts May invite experts to the subject matter. (Committee
unconstitutional. decides whether to proceed or have substitute bill. If
unfavorable, bill is dead)
NOTE: Supreme Court as the only Constitutional Court; 3. Second Reading – Bill read in its entirety. Open for
lower courts as statutory courts. All can construe and debates, amendments and insertions to the proposed
interpret written laws. bill.
4. At least (3) days after final passage in Second
Requisites in construction and interpretation reading, bill is printed in final form and distributed to
1. There must be an actual case of controversy each member of the house. Unless, president certifies
2. There is ambiguity in the law involved – reasonable in writing the necessity of its immediate enactment
persons find different meanings/interpretations in the due to public calamity or emergency.
statue 5. Third Reading – title of the bill is read. Yeas and
NOTE: The primary duty of the court is to apply the nays are recorded in the journal. Majority/quorum is
law, especially when there is no ambiguity, regardless if sufficient to pass the bill. (50% + 1) If no, bill is
the law may be harsh or erroneous. dead.
6. Repeat process in the other house. Variance will be
Legal Hermeneutics done by a bicameral conference committee
7. Submit to president for approval.
STATUTORY CONSTRUCTION NOTES
a. If veto, it will go back to the house to which it Kinds of Repeals of Statute
originated and then a vote of two-thirds will pass Only a law can repeal another law.
it into a law. Then repeat the same process to the
other house. 1. Express – a subsequent law that expressly declares,
b. 30 days without any action from the president will usually in its repealing clause, the abrogation or
automatically pass into law. annulment of a previous provision.
2. Implied – a later statute contains provisions so
Constitutional Test in Passage of a Bill contrary to or irreconcilable with those of the earlier
1. Shall embrace only one subject which shall be law that only one of the two statutes can stand in
expressed in the title (prevent log-rolling legislation, force. There must be a clear and manifest intention
superstitious or unconsidered enactments) from the law maker that the enactment of a new law
2. Shall pass the readings on separate days, where was to repeal the old one or else there will only be a
printed copies of the bill be distributed to each continuation and not a substitution.
member three days before its passage, except when a. 2 categories
the President certifies its immediate passing. No i. a provision in the two acts are in an
amendments shall be made in the last reading, the irreconcilable conflict
vote must be taken immediately, and yeas or nays ii. the whole subject matter is clearly intended as a
shall be recorded in the journal (avoid hasty and substitute to the old one
improvident legislation)
3. Executive approval and veto power of the President NOTE: There must be a clear and manifest intention
Parts of Statute from the law maker that the enactment of a new law was
1. Title – heading that usually contains the brief to repeal the old one ore else there will only be a
summary of the contents continuation and not a substitution.
2. Preamble – reasons for the enactment and the
objectives sought
3. Enacting Clause – declares the enactment that CHAPTER III – BASIC GUIDELINES
identifies the act to have undergone the proper IN THE CONSTRUCTION AND
process from the proper authority INTERPRETATION OF LAWS
4. Body – main operative part containing the substantive
and procedural provisions and exceptions
5. Repealing Clause – announces the previous statues Legislative Intent
or provisions repealed by the statute The meaning and intention must first of all be sought in
6. Saving Clause – restrictions in the repealing act the language of the statute in the presumption that the
7. Separability Clause – declares that if one or more means employed by the legislature are adequate to the
provisions are declared void or unconstitutional, purposes and do express that will correctly.
unaffected provisions will remain in force
8. Effectivity Clause – announces the effective date of Verba Legis (verba legis non est recedendum)
the law If the language is plain and free from ambiguity, and
Concepts of Vague Statutes express a single, definite, and sensible meaning, the
1. Statutes that lack comprehensible standards that men meaning must be presumed to be the meaning the
of common intelligence must necessarily guess its legislative intended to convey. It must be interpreted
meaning and differ as to its application. literally. Even if the meaning departs from the purposes
2. Vague Statutes Unconstitutional it 2 Respects of the enactment, the explicit declaration of the law must
a. Violates due process for failure to accord persons, be upheld by the courts.
fair notice of the conduct to avoid
b. Leaves law enforcers unbridled discretion in Statutes as a Whole (ut res magis valeat quam pereat)
carrying out its provisions and arbitrarily flexing It is a cardinal rule that a statute must be interpreted as a
Government muscle. whole. A certain provision construed in its own might
3. It cannot be clarified by a saving clause or by create a different meaning from that intended. As a
construction. (perfectly vague) sentence is understood in its entirety, so should a statute.
It is also important because a portion may be qualified
NOTE: A reasonable degree of certainty on the meaning by another provision. The court must interpret every part
of the statute is enough to uphold it of the statute as harmonious and sensible as they are
together based on the general legislative intent. If a word
STATUTORY CONSTRUCTION NOTES
is removed from a sentence, it might produce another
meaning. The same goes with statutes.
When the Law does not Distinguish, Courts should
Spirit and Purpose of a Law (ratio legis est anima) not Distinguish (Ubi lex non distinguit nec nos
The reason of the law is its soul. A court may declare distinguere debemos)
that. A case that falls in the letter of the law is not The rule, founded on logic, is a result of the principle
governed by the statute because it is not in accord with that general words and phrases of a statute should
the spirit and intention of the statute. Conversely, the ordinarily be accorded their natural and general
court can also declare that a case falls within the cover of significance. General terms or phrases should not be
the statute even if the letter of the statute does not reduced into parts and one part distinguished from the
include it, if the spirit and purpose of the law compels other so as to justify its exclusion from the operation of
so. law.

NOTE: This should not be applied if the letters of the Exception in the Statute
statute is without ambiguity. When the law does not make any exception, courts may
not except something unless compelling reasons exist to
1. When the construction of the law departs from the justify it.
purpose, it should be rejected.
2. If there would be two statutory interpretations, the General and Special Terms
one serving the purpose of the law will prevail General terms in a statute are to receive a general
3. When the reason of the law ceases, so does the law construction, unless restrained by the context or by plain
itself. (Cessante ratione legis, cessat ipsa lex) inferences from the scope and purpose of the act.
General terms may be limited by specific terms or
Implications (ex necessitate legis) provisions associated with them.
Necessary Implications and intendments from the
language are as much part of the law as those expressed. NOTE: Only applicable to cases where, except for the
It must be so strong in its probability that the contrary of general term, all items enumerated fall under one
the implication would be absurd. But it cannot contradict specific class.
the expressed because the latter prevails over the intent
supposed by the implication. Special terms in a statute may sometimes be expanded to
a general signification by the consideration that the
NOTE: If intent is expressed, no need for implications. reason of the law is general.

Cassus Omissus (casus omissus pro omisso habendus General Terms following Special Terms (ejusedem
est) generis)
When a statute makes specific provision in regard to Where general words follow an enumeration of persons
several cases or objects but omits to make any provision or things, by specific terms, such general words are not
for a case or object which is analogous to those to be construed in their widest extent, but are to be held
enumerated, and the omission is because it was as applying only to the same general kind or class as
overlooked or unforeseen, the court cannot supply for those specifically mentioned.
the defects or omission.
NOTE: Not applied where the legislative intent is plain
Stare Decisis (stare decisis et non quieta movere) and contrary
Follow past precedents and do not disturb what has
been settled. The doctrine states that the courts must Express Mention and Implied Exclusion (expressio
stand by precedents, principles of law that has been laid unius est exclusio alterius)
down to be applicable to certain state of facts, and not Express mention of one person of thing, person, or
disturb a settled point, as long as the facts are consequence is tantamount to an express exclusion of all
substantially the same. others.

NOTE: If a statute appears to enumerate particular

CHAPTER IV – CONSTRUCTION persons or things but no reason exists why other persons
AND INTERPRETATION OF WORDS or things not enumerated should not have been included,
AND PHRASES
STATUTORY CONSTRUCTION NOTES
and manifest injustice will follow their exclusion, the In seeking the meaning of the law, the court should
maxim shall not be applied. discover the intent of the lawmaker; and it is a
presumption that these laws were created to render
Associated Words (noscitur a sociis) justice. Conversely, the law should not be interpreted as
Associated words explain and limit each other. If a word to cause injustice because it is never the intent of the
is ambiguous or vague, it can be clarified by considering legislative.
the company of words in which it is found or to which it
is associated. Law and justice are inseparable; we interpret the law in
consonance with justice. The courts must find balance
Use of Negative Words with the word and the will of the law in order to interpret
Negative words and phrases regarded are as mandatory it in a manner that provides justice and not injustice.
while those in the affirmative are mere directory.
We defer no to the letter that killeth but to the spirit that
Function of the Proviso vivifieth
Proviso is a clause or part of the clause in the statute, the
office of which is either Presumption Against Implied Repeals
1. to except something from the enacting clause, or The fundament is that the legislature is presumed to
2. to qualify or restrain its generality, or know the existing laws and not enact conflicting statutes.
3. to exclude some possible ground of misinterpretation All doubts must be resolved against implied repeals, and
of its extent. all efforts be exerted in order to harmonize and give
effect to all laws. There must be a clear showing of
Starts with the word “Provided” repugnance or inconsistency, in the absence of express
repeal, to consider an implied repeal. Implied repeal is
never presumed.
CHAPTER V – PRESUMPTIONS IN
AID OF CONSTRUCTION AND
NOTE: Implied repeals are not favored.
INTERPRETATION
Presumption Against Ineffectiveness
Presumptions There is a presumption that the legislature intends to
In construing a doubtful or ambiguous statute, the Courts enact laws that are effective and operative to prevent
is on the presumption that it was the intent of the persons from eluding or defeating the law.
legislature to enact a valid, sensible, and just law.
Presumption Against Absurdity
Presumption Against Unconstitutionality Statutes must receive a sensible construction such as will
Laws are presumed constitutional. To justify give effect to the legislative intention so as to avoid an
nullification of a law, a clear and unequivocal breach of unjust or absurd conclusion. Presumption that
constitution, not a doubtful and argumentative undesirable consequences are never intended by a
implication, must be present. legislative measure.

This is grounded on the separation of powers. The court Literal interpretation should be rejected if it would result
deems that the joint act of the legislative and executive to unjust or absurd results.
to create and pass a law was carefully studied and
determined to be constitutional before being finally Presumption Against Violation of International Law
enacted. It is the presumption of the courts that the law is in
accordance with Public international law as Sec 2 Article
NOTE: If there are other basis the courts can use for its II of the constitution declares that the Philippines adopts
decision, the constitutionality of the assailed law will be and generally accepts principles of international law as
disregarded. part of the law of the land.

NOTE: The burden of proof lies on the one assailing the

validity of the law.

Presumption Against Injustice

STATUTORY CONSTRUCTION NOTES
the spirit or reason of the law or within the evils which
the law seeks to suppress. The statue must not be given
meaning inconsistent with the language used. Hence, any
CHAPTER VI – INTRINSIC AIDS matter that are reasonably within the scope of the
statutes meaning is included except unless the language
necessarily excludes it.

Intrinsic Aids Labor Code and Social Legislation

Intrinsic means internal or within. These are aids within Doubts in the interpretation and implementation,
the statute, such as: the title, preamble, body, chapter and including its IRRs shall be resolved in favor of labor.
section headings, punctuation, and interpretation clause. Liberal construction may not be applied if the law is
clear and leaves no room for interpretation.
Title and subtitle of a law is a valuable intrinsic aid in
determining legislative intent. The sympathy of the law on social security is towards its
beneficiaries and the law by its own terms requires
The intent of the law as culled in the preamble and from construction of utmost liberality in their favor.
the situation, circumstances, and conditions it sought to
remedy must be enforced. The preamble shall be used as Local Government Code
a guide in determining the intent of the lawmaker Any provision on power of a local government shall be
liberally interpreted in its favor and doubts shall be
resolved in favor of devolution of powers and of the
LGU.
CHAPTER VII – EXTRINSIC AIDS
In case of doubt in any tax ordinance or reverse measure
shall be strictly construed against LGUs and liberally in
Extrinsic Aids favor of taxpayers. Any tax exemption, incentive or
These exist from sources outside of the statute. relief granted by the LGU shall be strictly construed
However, if there is any ambiguity in the interpretation, against the person claiming it.
intrinsic aids must first be sought by the one seeking
meaning. General welfare provisions shall be liberally interpreted
to give more powers to LGUs in accelerating economic
Examples are history of the enactment of the statute, developmental and upgrading quality of life for the
opinions and rulings of government officials tasked to people.
execute the administrative laws, actual legislative
proceedings, statements by the members of congress, 1997 Rules of Civil Procedure
reports and recommendations of legislative committees, Shall be liberally construed to promote the objective of
public policy, and judicial construction. securing a just, speedy, and inexpensive disposition of
action and proceeding.
CHAPTER VIII – STRICT AND
LIBERAL CONSTRUCTION AND Comelec Rules of Procedure
INTERPRETATION OF STATUES Shall be liberally construed to promote effective and
efficient implementation of ensuring the holding of free,
orderly, honest, peaceful, and credible elections; and to
General Principles achieve just, expeditious, and inexpensive disposition of
If the statute should be strictly construed, nothing should action and proceeding of the Commission.
be included outside the scope of the word’s exact and
technical meaning, with no extension on account of Penal Statutes
implications or equitable considerations. No strict Strictly against the state and in favor (liberally) of the
construction if the meaning of the statute is certain and accused. Not to be construed to enlarge equitable
unambiguous because in such case, there is no need for considerations, the field of the crime or multiply
construction. felonies. It should be construed with strictness as to
safeguard the rights of the accused. If there is ambiguity,
Liberal construction is done where the meaning of the that which favors the accused must be preferred. The
statute may be extended to matters which come within principle is that acts that are in themselves innocent and
STATUTORY CONSTRUCTION NOTES
lawful are not criminal unless there is clear and Refers to the application and operation rather than
unequivocal expression in the legislative intent making it construction and interpretation. The general rule is laws
such. However, it is not meant to wrongly shield an operate prospectively and never retrospectively unless
accused from criminal liability. the legislative intent provides otherwise expressly or by
necessary implication. The question on how laws operate
Tax Laws depends in the legislative intent.
Shall be uniform and equitable according to the
constitution. The congress shall evolve a progressive Prospective Statutes
system of taxation. The power to tax involves the power Operates upon acts and transactions which have not
to destroy. Since taxation is a destructive power which occurred when the statute takes effect and which
interferes with personal and property rights of the regulates the future.
people, it must be strictly construed against the
government and liberally in favor of the tax payer. Retrospective Statutes
Takes away or impairs vested rights acquired under
But since it is the lifeblood of the nation, it shall be existing laws, or creates new obligations and imposes
strictly construed against exemptions and statutes new duties or attaches new disabilities in respect of
granting the same and liberally in favor of the taxing transactions already past. There are some prohibited by
authorities. Taxation is the rule, exemption is the the Constitution to operate in such manner as those laws
exception. However, where the law is clear and impairing obligations of contracts, and ex-post facto law
unambiguous, the law must be taken as it is, devoid of or bill of attainders.
judicial addition or subtraction.
Civil Code
Naturalization Laws General rule. No retroactive effect unless provided
Rigidly enforced and strictly construed in favor of otherwise
government and against applicant
Penal Statutes
Insurance Laws Prospective unless it favors the accused who is not a
Construed liberally in favor of the insured and strictly habitual criminal (Article 22, RPC)
against insurer, yet contracts of insurance like other
contracts are to be construed according to the sense and Procedural Laws
meaning of the terms which the parties used. Obligations Retrospective to actions pending and undetermined at
arising from contracts have the force of law and should the time of the law’s passage.
be complied with in good faith.
Curative Statutes
Retirement Laws Those that undertake to cure errors and irregularities and
Liberally in favor of retiree because the intention is to administrative proceedings, and which are designed to
provide for the retiree’s sustenance and comfort when no give effect to contracts and other transactions between
longer capable of earning livelihood. Also, their intent is private parties are necessarily retrospective. Subject to
to entice competent men and women to enter the usual qualification against impairment of vested
government service and to permit them to retire with rights.
relative security, even to those who retired due to
illnesses or accident.
CHAPTER X – CONFLICTING
Election Rules STATUTES
Liberally to the end that the will of the people in the
choice of public officer may not be defeated by mere
technical objections. Effects to be Given to the Entire Statute
Care should be taken that every part of the statute be
given effect on the theory that it was enacted as an
CHAPTER IX – PROSPECTIVE AND integrated measure and not as a hodge-podge of
RETROSPECTIVE STATUTES conflicting provisions. A construction that renders a
provision ineffective must be avoided. Inconsistent
provisions reconciled whenever possible as parts of
General Principles coordinated and harmonious whole.
STATUTORY CONSTRUCTION NOTES

Statute In Pari Materia

Statues that refer to the same subject matter, class of
persons or things, or object or purpose. Construed
together; each legislative act to be interpreted with
reference to the other act even when not enacted
simultaneously or do not refer to each other expressly.

If statutes of equal theoretical application to a particular

case cannot be reconciled, latter statute prevails being
the latter expression of the legislative will. But effort
must be exerted to avoid conflict. Repeal by implication
is not favored. This is because it is presumed that the
legislature had full knowledge of all existing laws on the
same subject or related thereto when drafting a law.

When there are two interpretations to an instrument, one

makes it invalid and illegal, the other makes it valid and
legal, the latter is adopted.

General and Special Statutes

Some statutes treat a subject generally, other treating a
part of the same subject specifically. They must be
reconciled. If irreconcilable, the general statute gives
way to the special statute as an exception to the general
provisions. This applies even if the general statute is
enacted later than the special if it is broad enough to
include the special statute. If not, and there is a manifest
intent to repeal the special law, or such contains a
repealing clause, then the prior special law is repealed.

LLDA v. CA
LLDA is given authority to issue permits in Laguna
Lake under special law. Admin Code was later on passed
giving municipal government to issue permits with
regards to fisheries. SC ruled that LLDA, being a special
law, is an exception to the general law that is Admin
Code. Hence, LLDA still has authority to issue permits
over Laguna Lake.

Statute and Ordinance

Only if irreconcilable, statute prevails.

Notes
A substantive law cannot be repealed by a procedural
law.