CHAPTER IV

PARTICULAR RULES OF CONSTRUCTION

"Verba legis non est recedendum" is a Latin phrase that translates to "From the words of
the law, there is no departure." It's a legal principle emphasizing that judges and interpreters
must adhere strictly to the literal meaning of the words used in statutes and laws, without
adding, subtracting, or modifying them. This approach aims to ensure consistency,
predictability, and fairness in legal interpretations.

"Dura lex, sed lex" is Latin for "The law is harsh, but it is the law." This phrase emphasizes:
Key Principles 1. Legality: The law must be obeyed, regardless of its severity or fairness. 2.
Objective justice: Judges apply the law impartially, without personal opinions. 3. Rule of
law: Laws govern society, even if they seem harsh.

"Ratio legis" is Latin for "the reason of the law" or "the spirit of the law." It refers to: Key
Principles 1. Legislative intent: Understanding the purpose, goal or objective behind a law.
2. Underlying rationale: Identifying the problem or issue the law aims to address. 3. Spirit
over letter: Interpreting laws considering their broader context and purpose.

"Mens legislatoris" is Latin for "the mind of the legislator" or "legislative intent." It refers to:
Key Principles 1. Legislative purpose: Understanding the goals, objectives and motivations
behind a law. 2. Intent over literal meaning: Considering the legislator's intent when
interpreting ambiguous or unclear provisions. 3. Contextual analysis: Examining historical,
social and political contexts surrounding the law's creation.
"Ejusdem generis" (Latin for "of the same kind" or "of the same class") is a legal principle
guiding interpretation: Key Principles 1. Specific over general: When a law lists specific
examples followed by a general term, the general term is interpreted to include only items
similar to the specific examples. 2. Narrow construction: The general term is limited to the
same category or genus as the preceding specific terms.
"Reddendo singula singulis" is a Latin phrase meaning "rendering singular things to
singular ones" or "giving each thing its due." This principle guides: Legal Interpretation 1.
Specificity over generality: Interpret laws, contracts, or regulations by prioritizing specific
provisions over general ones. 2. Individual treatment: Apply rules separately to each
individual case or circumstance.

"Expressio unius est exclusio alterius" (EUEA) is a Latin legal maxim meaning:
Translation "The expression of one thing is the exclusion of another." Principle When a
law, contract or document specifically mentions one or more items, it implicitly excludes
others not listed.

"Noscitur a sociis" (Latin) or "Known by its companions" is a legal principle guiding

interpretation: Key Principles 1. Contextual analysis: Understand words or phrases within
their surrounding context. 2. Associative meaning: Determine meaning based on
accompanying words or phrases.

Casus omissus" (Latin for "omitted case") is a legal doctrine addressing situations where:
Key Principles 1. Gaps in legislation: Statutes or regulations fail to explicitly cover a
specific scenario. 2. Unforeseen circumstances: Events or situations not contemplated by
lawmakers.

STATUTORY CONSTRUCTION
Intrinsic Aids--Aids to construction found in the printed page of the statute itself are known
as intrinsic aids.
Extrinsic aids-- Aids to construction that are extraneous facts and circumstances outside
printed page of the statute are extrinsic.

In determining what a statute aims to convey, the first logical thing to

look into is the statute itself, its context, language, title, preamble and the like.
These are the intrinsic aids resorted to in the interpretation of the statute. On
the other hand, the moment the court steps out the four walls of the printed
copy of the law, any aid it uses to construe the law is extrinsic.
Proviso--- Generally, “proviso” is introduced by the word “provided”, it is a clause found on
a preceding enactment to restrain or modify the enacting clause, or of excepting something
from its operation which otherwise would have been without it, or of excluding some
possible ground of misinterpretation of it, as by extending it to cases not intended by the
legislature to be brought within its purview.

Function of Proviso

The function of proviso is that it either creates a condition precedent, or

exempts something from the enacting clause, or limits, restricts, or qualifies a
statute in a whole or in part. It also excludes from the scope of a statute that
which otherwise would be within its terms.
But it may not be used to enlarge the enacting clause, unless clearly
intended to that effect. It limits application of the law, not enlarge its
operation.

Examples of extrinsic aids that the courts may resort to.

The following are the extrinsic aids that the court may resort to:

1. Contemporaneous circumstances.
2. Legislative history.
3. Origin and history of the law.
4. President’s message to the legislature.
5. Explanatory note.
6. Legislative debates, views and deliberations.
7. Prior laws.
8. Contemporary construction.
9. Executive construction.
10. Legislative construction.
11. Judicial construction.
12. Doctrine of stare decisis et non quieta movere
13. Textbooks.
14. Dictionaries.
15. Foreign jurisprudence.
16. Foreign laws.
17. Treaties and international agreements.
18. Presumptions in aid of construction
a.Presumption in favor of constitutionality
b. Exception

CHAPTER III
CARDINAL RULES OF CONSTRUCTION

Legislative intent, how ascertained--- By the words shalt thou be justified, and by the words
shalt thou be condemned. Legislative intent must be ascertained from consideration of the
statute as a whole and not of an isolated part or a particular provision alone.
Taken in solitude, a word or phrase might easily convey a meaning quite different
from the one that actually intended and evident when a word or phrase is considered with
those with which it is associated.
DETERMINANTS WHETHER LIBERAL OR STRICT
CONSTRUCTION

Whether a statute or some of its provisions should be construed liberally or

strictly depends on a combination of several factors namely:

1. The former law on the matter.

2. The persons or rights with which it deals.
3. The language of the law.
4. The purposes of the statute.
HOW CONSTRUED?
Statutes in derogation of common rights (strictly)--Statutes that derogate common law
or common rights are strictly construed. An abrogation of the common law or common
rights is not favored. This is to protect private individuals and their private rights against
the vast power of the state. Thus, statutes which restrain personal liberty, or civil rights
which grant power to deprive persons of their property, or which restrain freedom of
contract, or the exercise of any trade or occupation, have all been held as calling for strict
construction.
Statutes prescribing formalities of wills (strictly)—Statutes prescribing formalities of
wills are strictly construed as they are designed ton protect the testator from kinds of
fraud, trickery and bad faith. Statutes prescribing formalities to be observed in the
execution of the will are very strictly construed. Failure to comply is fatal and voids the
will.
Statutes abridging free speech, expression and their cognate rights (strictly)—As a
general rule, every law is presumed constitutional in deference to the legislature. The
party who says otherwise is heavily burdened to prove its constitutionality by showing
clear and unequivocal breach of the constitution. Any act that chills or restrains speech is
presumed invalid and unconstitutional.
Statutes nullifying marriage (strictly)—To indulge in imagery, the declaration of
nullify simple provides a decent burial to a stillborn marriage. Any doubt should be
resolved in favor of the existence and continuation of marriage and against its dissolution
and nullify. But when the court dissolves marital bond on account of psychological
incapacity of either party, it does not demolish foundation of the family. It actually
protects sanctity of marriage because it refuses to allow from staying in that sacred bond a
psychologically disordered person who cannot comply with or assume essential marital
obligations.
Naturalization laws (strictly)—A token compliance of the law is not enough.
Naturalization laws are strictly construed in favor of the government and against the
applicant to deter undesirable aliens from acquiring Filipino citizenship.
Statutes conferring right of eminent domain (strictly)—It is to be watched with
jealous scrutiny. The exercise of the right of eminent domain, whether directly of the
state, or its authorized agents, necessarily derogates private rights, and the rule in this
case is that the authority must be strictly construed.
Statutes granting rights to laborers (strictly and liberally)—All doubts in the
implementation and interpretation of the provisions of the labor code, including its
implementing rules and regulations, are resolved in favor of labor. Thus, a statute
regulating relations between the insurer and the insured is strictly construed against the
insurer (employer) and liberally in favor of the insured (laborer).
Tax laws (strictly)—A tax cannot be imposed without clear and express words for that
purpose. In answering the question of who is subject to tax statutes, it is basic that in case
of doubt, such statutes are construed most strongly against the government and in favor of
the subjects or citizens because burdens are not to be imposed nor presumed imposed
beyond what statutes expressly and clearly import.
Election laws (liberally)—In case of doubt, election laws should be liberally and
equitably construed in favor of the sovereign will. Legal niceties and technicalities cannot
stand in the way of the sovereign will. It has been held consistently that laws governing
election contests must be liberally construed so that the will of the people in the choice of
public officials may not be defeated by mere technical objections.
Criminal laws (strictly and liberally)—Laws creating, defining or punishing crimes and
laws imposing penalties and forfeitures are to be construed strictly against the state or
the against the party seeking to enforce them, and liberally against the party sought
to be charged.
Prospective application of law (exceptions)--- All laws are construed to operate
prospectively only, unless legislative purpose and intent to effectuate them retrospectively
are expressly declared or necessarily implied from the language used. In case of doubt, it
is resolved against retrospective effect.
A few exceptions however allow statutes to be given retroactive effect:
1. When law itself so expressly provides
2. In case of remedial statutes
3. In case of curative statutes
4. In case of laws interpreting others
5. In case of laws creating new rights
Prospective and retrospective, distinguished--- Prospective interpretation is that which
limits the operation of a statute to such facts that causes arising from its enactment. On the
other hand, retrospective interpretation is that which holds the statute applicable to or
governing transactions or states of facts wholly completed prior to its enactment.
Prospective and retrospective interpretation—The prospective and retrospective effect of
a law may be determined by its express words.
Retrospective application of law—The Civil Code expressly provides laws shall have no
retroactive effect, unless contrary is provided. When a statute is given retrospective
construction, then it can take away or impair vested rights acquired under existing laws. It
can create new obligations or impose new duties or attached a new disability in respect of
transactions or considerations already past.

CHAPTER VI

INTRINSIC AIDS

1. Context
2. Punctuation
3. Language or Lingual text
4. Title
5. Declaration of Policy
6. Chapter, article and section headings
7. Marginal notes
8. Preamble
9. Definition of terms
10. Interpretative clauses
11. Proviso
12. Exception
13. Saving clause

Exception and Proviso, Distinguished---- An exception exempts something absolutely from

operation of a statute by express words in enacting clause, while proviso follows the enacting
clause and operates to defeat its operation conditionally.

Saving clause, Defined---- In a statute it is an exception of a special thing out of the general
things mentioned in the statute.

Saving clause, Purpose--- Its usual function is to preserve something, as existing rights or
causes of action or pending proceedings, from immediate interference by the operation of the
statute.

Saving clause, how construed--- It should be construed together in connection with the body
of the statute in order to arrive at the legislative intent. It should not be construed as to
include anything not fairly within its terms.