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Statutory Construction Reviewer In construing a statute, it is not

Based on the book, Statutory enough to ascertain the intention or


Construction by Ruben E. Agpalo meaning of the statute; it is also
necessary to see whether the
Construction: The art or process of
intention or meaning has been
discovering and expounding the meaning
expressed in such a way as to give it
and intention of the authors of law, where
legal effect and validity.
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. The duty and power to interpret or
construe a statute or the Constitution
Purpose: to ascertain and give effect to belongs to the judiciary.
the intent of the law, to determine
legislative intent. The SC construes the applicable law in
controversies which are ripe for judicial
Rules of Statutory Construction: resolution.
These are tools used to ascertain
legislative intent. They are not rules but The court does not interpret law in a
mere axioms of experience. vacuum.

Legislative Intent: The essence of the The legislature has no power to overrule
law. The intent of the legislature is the the interpretation or construction of a
law, and the key to, and the controlling statute or the Constitution by the
factor in, its construction and Supreme Court, for interpretation is a
interpretation. judicial function assigned to the latter by
the fundamental law.
The primary source of legislative intent is
the statute itself. The SC may, in an appropriate case,
change or overrule its previous
Where the words or phrases of a construction.
statute are not obscure or
ambiguous, its meaning and the A condition sine qua non before the
intention of the legislature must be court may construe or interpret a
determined from the language statute, is that there be doubt or
employed. ambiguity in its language. The
province of construction lies wholly
Legislative Purpose: The reason why a within the domain of ambiguity.
particular statute was enacted by the Where there is no ambiguity in the
legislature. words of a statute, there is no room
for construction.
Legislative Meaning: What the law, by
its language, means: what it A statute is ambiguous when it is capable
comprehends, what it covers or of being understood by reasonably well-
embraces, what it limits or confines. informed persons in either of two senses.

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Where the law is free from ambiguity, the The title may indicate the legislative
court may not introduce exceptions or extent or restrict the scope of the law,
conditions where none is provided. and a statute couched in a language of
doubtful import will be construed to
A meaning that does not appear nor is conform to the legislative intent as
intended or reflected in the very language disclosed in its title.
of the statute cannot be placed therein be
construction. When the text of the statute is clear and
free form doubt, it is improper to resort to
Where the two statutes that apply to a its title to make it obscure.
particular case, that which was
specifically designed for the said case Preamble
must prevail over the other.
That part of the statute written
When the SC has laid down a principle of immediately after its title, which states
law as applicable to a certain state of the purpose, reason or justification for the
facts, it will adhere to that principle and enactment of a law. It is usually
apply it to all future cases where the facts expressed in the form of whereas
are substantially the same. clauses.

Judicial rulings have no retroactive effect. It is not an essential part of the statute.
But it may, when the statute is
The court may issue guidelines in ambiguous, be resorted to clarify the
applying the statute, not to enlarge or ambiguity, as a key to open the minds of
restrict it but to clearly delineate what the the lawmakers as to the purpose of the
law requires. This is not judicial legislation statute.
but an act to define what the law is.
Context of the whole text
Limitations on power to construe
The best source from which to ascertain
Courts may not enlarge nor restrict the legislative intent is the statute itself
statutes. the words, the phrases, the sentences,
Courts may not be influenced by sections, clauses, provisions taken as a
questions of wisdom. whole and in relation to one another.

Punctuation marks
AIDS TO CONSTRUCTION: To ascertain Punctuation marks are aids of low degree;
the true intent of the statute, the court they are not parts of the statute nor the
may avail of intrinsic aids, or those found English language.
in the printed page of the statute,
and extrinsic aids, those extraneous facts Where there is, however, an ambiguity in
and circumstances outside the printed a statute which may be partially or wholly
page. solved by a punctuation mark, it may be
considered in the construction of a
Title statute.

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Capitalization of letters The purpose or object of the law or the
mischief intended to be suppressed are
An aid of low degree in the construction important factors to be considered in its
of statutes. construction.
Headnotes or epigraphs Dictionaries
These are convenient index to the While definitions given by lexicographers
contents of the provisions of a statute; are not binding, courts have adopted, in
they may be consulted in case of doubt in proper cases, such definitions to support
interpretation. their conclusion as to the meaning of the
They are not entitled to much weight. particular words used in a statute.

Lingual text Consequences of various constructions

Unless otherwise provided, where a Construction of a statute should be


statute is officially promulgated in English rejected if it will cause injustice, result in
and Spanish, the English text shall absurdity or defeat the legislative intent.
govern, but in case of ambiguity, Presumptions
omission or mistake, the Spanish may be
consulted to explain the English text. Based on logic, common sense; eg.
Presumption of constitutionality,
The language in which a statute is written completeness, prospective application,
prevails over its translation. right and justice, etc.
Intent or spirit of law

Legislative intent or spirit is the LEGISLATIVE HISTORY: Where a statute


controlling factor, the influence most is susceptible of several interpretations,
dominant if a statute needs construction. there is no better means of ascertaining
The intent of the law is that which is the will and intention of the legislature
expressed in the words thereof, than that which is afforded by the history
discovered in the four corners of the law of the statute. The history of a statute
and aided if necessary by its legislative refers to all its antecedents from its
history. inception until its enactment into law.

Policy of law Presidents message to the legislature

A statute of doubtful meaning must be This usually contains proposed legislative


given a construction that will promote measures and indicates the Presidents
public policy. thinking on the proposed legislation
which, when enacted into law, follows his
Purpose of law or mischief to be line of thinking into the matter.
suppressed
Explanatory note

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A short exposition of explanation The amendment statute should be given
accompanying a proposed legislation by a construction different from that
its author or proponent. It contains previous to its amendment.
statements of the reason or purpose of
the bill, as well as arguments advanced
by its author in urging its passage.

Legislative debates, views and Adopted statutes


deliberations
Where local statutes are patterned after
Where there is doubt as to what a or copied from those of another country,
provision of a statute means, that the decisions of courts in such country
meaning which was put to the provision construing those laws are entitled to
during the legislative deliberation or great weight in the interpretation of such
discussion on the bill may be adopted. local statutes.

Reports of commissions Principles of common law


In construing the provisions of the code Courts may properly resort to common
as thus enacted, courts may properly law principles in construing doubtful
refer to the reports of the commission provisions of a statute, particularly where
that drafted the code in aid of clarifying such a statute is modeled upon Anglo-
ambiguities therein. American precedents.

Prior laws from which the statute is based Conditions at the time of the enactment
Legislative history will clarify the intent of It is proper, in the interpretation of a
the law or shed light on the meaning and statute, to consider the physical
scope of the codified or revised statute. conditions of the country and the
circumstances then obtaining which must
of necessity affect its operation in order
Change in phraseology by amendments to understand the intent of the statute.

Courts may investigate the history of the


provisions to ascertain legislative intent
as to the meaning and scope of the History of the times
amended law. The history of the times out of which the
law grew and to which it may be
rationally supposed to bear some direct
Amendment by deletion relationship.

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Interpretation handed down in an
adversary proceeding in the form of a
CONTEMPORARY CONSTRUCTION ruling by an executive officer exercising
The constructions placed upon statutes at quasi-judicial power
the time of, or after, their enactment by Such rulings need not have the
the executive, legislature or judicial detachment of a judicial, or semi-judicial
authorities, as well as those who, because decision, and may properly carry basis.
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 contemporaneous construction
is very probably the true expression
The contemporary construction is the of the legislative purpose, especially
strongest in law. if the construction is followed for a
considerable period of time. It is
thus entitled to great weight and
Construction by an executive or respect by the courts in the
administrative officer directly called to interpretation of the ambiguous
implement the law provisions of law, and unless it is
shown to be clearly erroneous, it will
May be express interpretation embodied control the interpretation of statutes
in a circular, directive or regulation. by the courts.

May be implied a practice or mode of The best interpreter of law is usage.


enforcement of not applying the statute
to certain situations or of applying it in a Interpretation by those charged with their
particular manner; interpretation by enforcement is entitled to great weight by
usage or practice. the courts.

Contemporaneous construction is entitled


to great weight because it comes from a
Construction by the Sec. of Justice as his particular branch of government called
capacity as the chief legal adviser of the upon to implement the laws thus
government construed.

In the form of opinions issued upon Respect is due the government agency or
request of administrative or executive officials charged with the implementation
officials who enforce the law. of the law for their competence,
expertness, experience and informed
President or Executive Secretary has the judgment, and the fact that they are
power to modify or alter or reverse the frequently the drafters of the law they
construction given by a department interpret.
secretary.

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The court may disregard The most common act of legislative
contemporaneous construction when approval; the reenactment of a statute,
there is no ambiguity in the law, previously given a contemporaneous
where the construction is clearly construction, is a persuasive indication of
erroneous, where strong reason to the adaptation by the legislature of the
the contrary exists, and where the prior construction.
court has previously given the
statute a different interpretation.

If through the misapprehension of the law Stare Decisis


an executive or administrative officer The decision of the SC applying or
called upon to implement it has interpreting a statute is controlling with
erroneously applied and executed it, the respect to the interpretation of that
error may be corrected when the true statute and is of greater weight than that
construction is ascertained. of an executive or administrative officer
Erroneous contemporaneous construction in the construction of other statutes of
creates no vested right on the part of similar import.
those who relied upon, and followed such Past decisions of the court must be
construction. The rule is not absolute and followed in the adjudication of
admits exceptions in the interest of cases: Stare decisis et non quieta
justice and fair play. movere, one should follow past
precedents and should not disturb what
has been settled.
Legislative interpretation
Where the court resolved a question
Legislative interpretation of a statute is merely sub silencio, its decision does not
not controlling, but the courts may resort come within the maxim of stare decisis
to it to clarify ambiguity in the language
thereof. 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

An obiter dictum is an opinion expressed


Legislative approval by a court upon some question of law
The legislature is presumed to have full which is not necessary to the decision of
knowledge of a contemporaneous or the case before it. It is a remark, by the
practical construction of a statute. way; it is not binding as a precedent.
Legislative ratification is equivalent to a The rule of stare decisis is not absolute. If
mandate. found contrary to law, it must be
abandoned.

Reenactment LITERAL INTERPRETATION

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If a statute is clear, plain and free from interpretation of particular language of a
ambiguity, it must be given its literal statute.
meaning and applied without attempted
interpretation. Verba legis non est Words ought to be more subservient to
recedendum, from the words of a statute the intent and not the intent to the words.
there should be no departure. Construction to accomplish purpose

Statutes should be construed in the light


Dura lex sed lex of the object to be achieved and the evil
or mischief to be suppressed, and they
The law is harsh, but it is still the law. It should be given construction as will
must be applied regardless of who may advance the object, suppress the
be affected, even if it may be harsh or mischief, and secure the benefits
onerous. intended.

When the language of the law is clear, no


explanation of it is required.
When reason of law ceases, law itself
ceases

DEPARTURE FROM LITERAL Reason for the law is the heart of the law.
INTERPRETATION When the reason of the law ceases, the
law itself ceases. The reason of the law is
Statutes must be capable of construction its soul.
or interpretation. If no judicial certainty
can be had as to its meaning, the court is
not at liberty to supply nor to make one.
Supplying legislative omission

Where a literal import of the language of


What is within the spirit is within the the statute shows that words have been
law omitted that should have been in the
statute in order to carry out its intent and
When what the legislature had in mind is spirit, clearly ascertainable from its
not accurately reflected in the language context, the courts may supply the
of the statute, resort is had to the omission to make the statute conform to
principle that the spirit of the law controls the obvious intent of the legislature or to
its letter. Ratio legis, interpretation prevent the act from being absurd.
according to the spirit of the law.

Correcting clerical errors


Literal import must yield to intent
In order to carry out the intent of the
The intention of the legislature and its legislature, the court may correct clerical
purpose or object controls the errors, which, uncorrected, would render
the statute meaningless.

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court believes will best promote the
public welfare in its probable operation.
Construction to avoid absurdity

Courts are not to give a statute a


meaning that would lead to absurdities. Surplusage and superfluity
Where there is ambiguity, such disregarded
interpretation as will avoid inconvenience
and absurdity is to be adopted. The statute should be construed in
accordance with the evident intent of the
legislature without regard to the rejected
word, phrase or clause.

Constructing to avoid injustice


Redundant words may be rejected
Presumed that undesirable consequences
were never intended as a legislative While the general rule is that every effort
measure; that interpretation is to be should be made to give some meaning to
adopted which is free from evil or every part of the statute, there is no
injustice. obligation to give every redundant word
or phrase a special significance, contrary
to the manifest intention of the
Construction to avoid danger to legislature.
public interest

Where great inconvenience will result, or Obscure or missing words or false


great public interest will be endangered description may not preclude
or sacrificed, or great mischief done, from construction
a particular construction of the statute,
such construction should be avoided. Neither does false description neither
preclude construction nor vitiate the
meaning of a statute which is otherwise
Construction in favor of right and unclear.
justice

In case of doubt in the interpretation and Exemption from rigid application of


application of the law, it is presumed that the law
the lawmaking body intended right and
justice to prevail. Every rule is not without an exception.
Where rigorous application may lead to
The fact that the statute is silent, obscure injustice, the general rule should yield to
or insufficient with respect to a question occasional exceptions.
before a court will not justify the latter
from declining judgment. That one is
perceived to tip the scales which the

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Law does not require the impossible performance of the other is also
conferred.
The law obliges no one to perform an
impossible thing.

Grant of power excludes greater


power
Number and gender
The foregoing principle implies the
When the context of the statute indicates, exclusion of those which are greater than
words in plural include the singular, vice conferred.
versa.

The masculine but not the feminine


includes all genders, unless the context What is implied should not be
indicates otherwise. against the law

The statutory grant of power does not


include such incidental power which
IMPLICATIONS cannot be exercised without violating the
No statute can be enacted that can Constitution, the statute granting power,
provide all the details involved in its or other laws of the same subject.
application. What is implied in a statute is
as much a part thereof as that which is
expressed. Authority to charge against public
funds may not be implied

Unless a statute expressly so authorizes,


Grant of jurisdiction no claim against public finds may be
The jurisdiction to hear and decide cases allowed.
is conferred only by the Constitution or by
statute. The grant of jurisdiction to try
actions carries with it all necessary and Illegality of act implied from
incidental powers to employ all writs, prohibition
processes and other means essential to
make its jurisdiction effective. Where a statute prohibits the doing of an
act, the act done in violation thereof is by
implication null and void. No man can be
allowed to found a claim upon his own
Grant of power includes incidental wrongdoing or inequity. No man should be
power allowed to take advantage of his own
Where a general power is conferred or wrong. In Pari Delicto
duty enjoined, every particular power
necessary for the exercise of one of the
Exceptions to In Pari Delicto

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It will not apply when its enforcement or What the law prohibits cannot, in some
application will violate an avowed other way, be legally accomplished.
fundamental policy or public interest

When the transaction is not illegal per se


but merely prohibited, and the prohibition There should be no penalty for
by law is designed for the protection of compliance with law
one party A person who complies with a statute
cannot, by implication, be penalized by it

What cannot be done directly cannot


be done indirectly

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