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Construction
The art or process of discovering and expounding the meaning and intention of the authors of law, where that intention is
rendered doubtful by reason of the ambiguity in its language or the fact that the given case is not explicitly provided for in the
law.
Purpose: to ascertain and give effect to the intent of the law, to determine legislative intent.
Rules of Statutory Construction
These are tools used to ascertain legislative intent. They are not rules but mere axioms of experience.
Legislative Intent
The essence of the law. The intent of the legislature is the law, and the key to, and the controlling factor in, its construction and
interpretation.
The primary source of legislative intent is the statute itself.
Where the words or phrases of a statute are not obscure or ambiguous, its meaning and the intention of the legislature must
be determined from the language employed.
Legislative Purpose
The reason why a particular statute was enacted by the legislature.
Legislative Meaning
What the law, by its language, means: what it comprehends, what it covers or embraces, what it limits or confines.
In construing a statute, it is not enough to ascertain the intention or meaning of the statute; it is also necessary to see
whether the intention or meaning has been expressed in such a way as to give it legal effect and validity.
• The duty and power to interpret or construe a statute or the Constitution belongs to the judiciary.
• The SC construes the applicable law in controversies which are ripe for judicial resolution.
• The court does not interpret law in a vacuum.
• The legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme
Court, for interpretation is a judicial function assigned to the latter by the fundamental law.
• The SC may, in an appropriate case, change or overrule its previous construction.
A condition sine qua non before the court may construe or interpret a statute, is that there be doubt or ambiguity in its
language. The province of construction lies wholly within the domain of ambiguity. Where there is no ambiguity in the words
of a statute, there is no room for construction.
• A statute is ambiguous when it is capable of being understood by reasonably well-informed persons in either of two senses.
• Where the law is free from ambiguity, the court may not introduce exceptions or conditions where none is provided.
• A meaning that does not appear nor is intended or reflected in the very language of the statute cannot be placed therein be
construction.
• Where the two statutes that apply to a particular case, that which was specifically designed for the said case must prevail over
the other.
• When the SC has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it
to all future cases where the facts are substantially the same.
• Judicial rulings have no retroactive effect.
• The court may issue guidelines in applying the statute, not to enlarge or restrict it but to clearly delineate what the law requires.
This is not judicial legislation but an act to define what the law is.
1. Title
The title may indicate the legislative extent or restrict the scope of the law, and a statute couched in a language of doubtful
import will be construed to conform to the legislative intent as disclosed in its title.
When the text of the statute is clear and free form doubt, it is improper to resort to its title to make it obscure.
2. Preamble
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Textbook: Statutory Construction by Agpalo
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That part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment
of a law. It is usually expressed in the form of “whereas” clauses.
It is not an essential part of the statute. But it may, when the statute is ambiguous, be resorted to clarify the ambiguity, as
a key to open the minds of the lawmakers as to the purpose of the statute.
4. Punctuation marks
Punctuation marks are aids of low degree; they are not parts of the statute nor the English language.
Where there is, however, an ambiguity in a statute which may be partially or wholly solved by a punctuation mark, it may
be considered in the construction of a statute.
5. Capitalization of letters
An aid of low degree in the construction of statutes.
6. Headnotes or epigraphs
These are convenient index to the contents of the provisions of a statute; they may be consulted in case of doubt in
interpretation.
They are not entitled to much weight.
7. Lingual text
Unless otherwise provided, where a statute is officially promulgated in English and Spanish, the English text shall govern,
but in case of ambiguity, omission or mistake, the Spanish may be consulted to explain the English text.
The language in which a statute is written prevails over its translation.
9. Policy of law
A statute of doubtful meaning must be given a construction that will promote public policy.
11. Dictionaries
While definitions given by lexicographers are not binding, courts have adopted, in proper cases, such definitions to
support their conclusion as to the meaning of the particular words used in a statute.
13. Presumptions
Based on logic, common sense; eg. Presumption of constitutionality, completeness, prospective application, right and
justice, etc.
LEGISLATIVE HISTORY
Where a statute is susceptible of several interpretations, there is no better means of ascertaining the will and intention of the legislature
than that which is afforded by the history of the statute. The history of a statute refers to all its antecedents from its inception until its
enactment into law.
2. Explanatory note
A short exposition of explanation accompanying a proposed legislation by its author or proponent. It contains statements
of the reason or purpose of the bill, as well as arguments advanced by its author in urging its passage.
Where there is doubt as to what a provision of a statute means, that meaning which was put to the provision during the
legislative deliberation or discussion on the bill may be adopted.
4. Reports of commissions
In construing the provisions of the code as thus enacted, courts may properly refer to the reports of the commission that
drafted the code in aid of clarifying ambiguities therein.
7. Amendment by deletion
The amendment statute should be given a construction different from that previous to its amendment.
8. Adopted statutes
Where local statutes are patterned after or copied from those of another country, the decisions of courts in such country
construing those laws are entitled to great weight in the interpretation of such local statutes.
CONTEMPORARY CONSTRUCTION
The constructions placed upon statutes at the time of, or after, their enactment by the executive, legislature or judicial
authorities, as well as those who, because of their involvement in the process of legislation, are knowledgeable of the intent
and purpose of the law, such as draftsmen and bill sponsors.
The contemporary construction is the strongest in law.
2. Construction by the Sec. of Justice as his capacity as the chief legal adviser of the government
• In the form of opinions issued upon request of administrative or executive officials who enforce the law.
• President or Executive Secretary has the power to modify or alter or reverse the construction given by a department
secretary.
3. Interpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial
power
• Such rulings need not have the detachment of a judicial, or semi-judicial decision, and may properly carry basis.
The contemporaneous construction is very probably the true expression of the legislative purpose, especially if the
construction is followed for a considerable period of time. It is thus entitled to great weight and respect by the courts in the
interpretation of the ambiguous provisions of law, and unless it is shown to be clearly erroneous, it will control the
interpretation of statutes by the courts.
The best interpreter of law is usage.
Interpretation by those charged with their enforcement is entitled to great weight by the courts.
Contemporaneous construction is entitled to great weight because it comes from a particular branch of government called
upon to implement the laws thus construed.
Respect is due the government agency or officials charged with the implementation of the law for their competence,
expertness, experience and informed judgment, and the fact that they are frequently the drafters of the law they interpret.
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Textbook: Statutory Construction by Agpalo
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The court may disregard contemporaneous construction when there is no ambiguity in the law, where the construction is
clearly erroneous, where strong reason to the contrary exists, and where the court has previously given the statute a different
interpretation.
If through the misapprehension of the law an executive or administrative officer called upon to implement it has erroneously
applied and executed it, the error may be corrected when the true construction is ascertained.
Erroneous contemporaneous construction creates no vested right on the part of those who relied upon, and followed such
construction. The rule is not absolute and admits exceptions in the interest of justice and fair play.
Legislative interpretation
Legislative interpretation of a statute is not controlling, but the courts may resort to it to clarify ambiguity in the language
thereof.
Legislative approval
The legislature is presumed to have full knowledge of a contemporaneous or practical construction of a statute. Legislative
ratification is equivalent to a mandate.
Reenactment
The most common act of legislative approval; the reenactment of a statute, previously given a contemporaneous construction,
is a persuasive indication of the adaptation by the legislature of the prior construction.
Stare Decisis
The decision of the SC applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of
greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.
Past decisions of the court must be followed in the adjudication of cases: Stare decisis et non quieta movere, one should
follow past precedents and should not disturb what has been settled.
Where the court resolved a question merely sub silencio, its decision does not come within the maxim of stare decisis
Nor does an opinion expressed by the way, not up to the point in the issue, fall within the maxim; it is merely an obiter dictum
o An obiter dictum is an opinion expressed by a court upon some question of law which is not necessary to the decision of
the case before it. It is a remark, “by the way”; it is not binding as a precedent.
The rule of stare decisis is not absolute. If found contrary to law, it must be abandoned.
LITERAL INTERPRETATION
If a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.
Verba legis non est recedendum, from the words of a statute there should be no departure.
Where a literal import of the language of the statute shows that words have been omitted that should have been in the statute
in order to carry out its intent and spirit, clearly ascertainable from its context, the courts may supply the omission to make the
statute conform to the obvious intent of the legislature or to prevent the act from being absurd.
Grant of jurisdiction
The jurisdiction to hear and decide cases is conferred only by the Constitution or by statute. The grant of jurisdiction to try actions
carries with it all necessary and incidental powers to employ all writs, processes and other means essential to make its jurisdiction
effective.
The statutory grant of power does not include such incidental power which cannot be exercised without violating the Constitution, the
statute granting power, or other laws of the same subject.
INTERPRETATION OF WORDS
Which meaning should be given to a word or phrase in a statute depends upon what the legislature intended.
Statutory definition
• The legislative definition controls the meaning of the statutory word, irrespective of any other meaning the word or phrase may
have in its ordinary or usual sense.
• When the term pr phrase is specifically defined in a particular law, the definition must be adopted in applying and enforecing
such law.
• While definitions in a statute must be given all the weight due them, the terms must be given effect in their entiretyas a
harmonious, coordinated whole.
• Statutory definitions are controlling in so far as the said act is concerned.
• A statutory definition does not apply where its application creates incongruities.
A word or phrase should not be construed in isolation but must be interpreted in relation to other provisions of law; construed as a
whole, each provision given effect.
ASSOCIATED WORDS
(Noscitur) Where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct
construction may be made clear and specific by considering the company of words in which it is found and in which it is
associated.
o Where the law does not define a word used therein, it will be construed as having a meaning similar to that of
words associated with or accompanied by it.
o Where most of the words in an enumeration are used in their generic sense, the rest of the words should be so
similarly construed.
(Ejusdem) While general words or expressions in a statute are accorded their full, natural and generic sense, they will not be
given such meaning if they are used in association with specific words or phrases.
o Where a statute describes things of particular class or kind accompanied by words of a generic character, the
generic words will usually be limited to things of a kindred nature with those particularly enumerated, unless
there be something in the context of the statute to repel such inference.
o Limitations:
1. A statute contains an enumeration of particular and specific words, followed by a general word or
phrase
2. The particular and specific words constitute a class or are of the same kind
3. The enumeration of a particular and specific words is not exhaustive or is not merely by example
4. There is no indication of legislative intent to give the general words or phrases a broader meaning
(Expressio) The express mention of one person, thing or consequence implies the exclusion of all others. Limitation: not
applicable if there is some special reason for mentioning one thing and none for mentioning another which is otherwise within
the statute, so that the absence of any mention of such will not exclude it. Also, must be disregarded if :
o It will cause inconvenience
o Where the legislative intent shows that the enumeration is not exclusive
(Causus) A person, object or thing omitted from an enumeration must be held to have been omitted intentionally. ONLY when
the omission has been clearly established.
o Does not apply where it is shown that the legislature did not intend to exclude the person, thing or object from the
enumeration.
(Last Antecedent) Qualifying words restrict or modify only the words or phrases to which they are immediately associated, and
not those to which they are distantly or remotely associated.
o Does not apply when the intention is not to qualify the antecedent at all
(Reddendo) Antecedents and consequences should be read distributive to the effect that each word is to be applied to the
subject to which it appears by context most appropriately related and most applicable.
PROVISO
Its office is to limit the application of the enacting clause, section or provision of a statute; introduced by the word “Provided”
• It may enlarge the scope of the law
• It may assume the role of an additional legislation
• It modifies only the phrase immediately preceding it or restrains or limit the generality of the clause following it
• It should be construed to harmonize, and not to repeal or destroy the main provision of the statute
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Textbook: Statutory Construction by Agpalo
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• Exception introduced by “except”, “unless otherwise” and “shall not apply” is a clause which exempts something from the
operation of a statute by express words.
o An exception exempts something absolutely from the operation of a statute; a proviso defeats its operation
conditionally.
o An exception takes out of the statute something that otherwise would be a part of the subject matter of it. A proviso
avoids them by way of an excuse.
o One of the functions of a proviso is to except something from an enacting clause. In this sense is it similar with
exception.
SAVING CLAUSE
A clause in the provision of law which operates to except from the effect of law what the clause provides, or to save something which
would otherwise be lost. Must be construed in the light of the legislative intent.
Where there is a particular or special provision and a general provision in the same statute and the latter in its most
comprehensive sense would overrule the former, the particular or special provision must be taken to affect only the other
parts of the statute to which it may properly apply.
A law should be interpreted with a view to upholding it rather than destroying it.
All laws are presumed to be consistent with each other.
If provisions cannot be reconciled despite efforts, the courts should choose one that will best effectuate the legislative intent.
The interpretation that will give the thing efficacy is to be adopted; legislative did not do a vain thing in its enactment.
Construction should avoid surplusage.
Statutes in pari materia (relating to the same specific subject matter) must be construed together to attain national policy.
Legislature is presumed to be aware of prior law.
Where there are two acts, one of which is special and particular and the other general which, if standing alone, would include
the same subject matter and thus conflicting with the special act, the special must prevail since it evinces the legislative
intent more clearly than that of a general statute and must be taken as intended to constitute an exception to the general rule.
A special law is considered an exception to the general law on the same subject; the legislature is passing a law of special character
has its attention directed to the special facts and circumstances which the special act is intended to meet.
Reference statutes
Refers to other statutes and makes them applicable to the subject of legislation.
Supplemental statutes
Intended to supply deficiencies in an existing statute and to add, complete or extend the statute without changing or modifying its
original text.
Reenacted statutes
One in which the provisions of an earlier statute are reproduced in the same or substantially the same words.
In construing reenacted statutes, court should take into account prior contemporaneous construction.
Adopted statutes
Statute patterned after, or copied from a statute of a foreign country.
STRICT CONSTRUCTION
Construction according to the letter; scope of statute is not extended or enlarged.
1. Penal statutes
2. Statutes in derogation of rights
3. Statutes authorizing expropriations
4. Statutes granting privileges
5. Legislative grants to local government units
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Textbook: Statutory Construction by Agpalo
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LIBERAL CONSTRUCTION
Giving a liberal interpretation to save from obliteration; reading into its something which its clear and plain language rejects.
1. General social legislation
2. General welfare clause
3. Grant of power to local governments
4. Statutes granting taxing power
5. Statutes prescribing prescriptive period to collect taxes
6. Statutes imposing penalties for nonpayment of taxes
7. Election laws
8. Amnesty proclamations
9. Statutes prescribing prescriptions of crimes
10. Adoption statutes
11. Veteran and pension laws
12. Rules of Court
13. Other statutes
o Curative statutes
o Redemption laws
o Instruments of credit
o Probation law
MANDATORY STATUTES
A statute which commands either positively that something be done, or performed in a particular way, or negatively that something not
be done, leaving the person concerned no choice on the matter except to obey. Contains words of command or prohibition. Uses: shall,
must, ought, should; prohibitions such as cannot, shall not, ought not
1. Statutes conferring power
2. Statutes granting benefits
3. Statutes prescribing jurisdictional requirements
4. Statutes prescribing time to take action or appeal
5. Statutes prescribing procedural requirements
6. Election laws on conduct of election
7. Election laws on qualification and disqualification
8. Statutes prescribing qualifications for office
9. Statutes relating to assessment of taxes
10. Statutes concerning public auction sale
DIRECTORY STATUTES
Permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or
that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained. Uses: may
1. Statutes prescribing guidance for officers
2. Statutes prescribing manner of judicial action
3. Statutes requiring rendition of decisions within prescribed period
Statutes are to be construed as having only prospective application, unless the intendment of the legislature to give them a
retroactive effect is expressly declared or is necessarily implied from the language used. Presumption is prospectivity.
Prospectivity words/in futuro: hereafter, thereafter, shall have been made, from and after, shall take effect upon its approval
The Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligation of contracts,
deprive persons of property without due process of law, or divest rights that have become vested, or which are not in the
nature of ex post facto laws.
PROSPECTIVE STATUTES
Operates upon facts or transactions that occur after the statute takes effect, one that looks and applies to the future.
1. Penal statutes, generally
2. Ex post facto law
3. Bill of attainder
4. Statutes substantive in nature
5. Statutes affecting vested rights
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Textbook: Statutory Construction by Agpalo
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RETROACTIVE STATUTES
Creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction already past.
1. Procedural laws
2. Curative statutes
3. Police power legislations
4. Statutes relating to prescription
5. Statutes relating to appeals
AMENDMENT
Change or modification by addition or deletion, or alteration of a statute which survives in its amended form.
REVISION
Purpose is to restate existing laws into one statutes, simplify complicated provisions, and make the laws on the subject easily found.
REPEAL
A statute repealed is rendered revoked completely