Statutory construction is the art or process of discovering and
Define Statutory Construction? expounding the meaning and intention of the authors of the
Define “Interpretation”
What is Statutory Construction by Justin Martin?
What is Statutory Construction in American Jurisprudence?
Is “Judicial Function” required when a statute is invoked and
different interpretations are in contention?
law.
Interpretation is the art or process of discovering and
expounding on the intended signification of the language
used.
Or
In strictness, interpretation is limited to exploring the written
text
He defines Statutory Construction as the art of seeking the
intention of the legislature in enacting a statute and applying
it to given state of facts.
It is a branch of law dealing with the interpretation of laws
enacted by a legislature.
Yes, where legislature attempts to do several things one of
which is invalid, it may discarded if the remainder of the act
is workable and in no ways depends upon the invalid portion,
but if that portion is an integral part of the act, and its excision
changes the manifest intent of the act by broadening its scope
to include subject matter or territory which was not included
therein as enacted, such excision is “judicial legislation” and
“statutory construction.”
 Construction is the drawing of conclusions with respect to
subjects that are beyond the direct expression of the text from
elements known and given in the text.
Define “Construction”?
Or
In strictness, goes beyond and may call in the aid of extrinsic
consideration.

Interpretation is the process of discovering the true meaning

Define “Interpretation”?
of the language used.

When it ascertain the meaning of a word found in a statute

which when considered with the other words in the statute,
When will the court resort to interpretation? may reveal a meaning different from that apparent when the
word is considered abstractly or when given its usual
meaning.

When the courts wants to go beyond the language of the

statute.
When will court resort to construction? Or
If the legislative intent is not clear after the completion of
interpretation.

The court seeks the _______ in order to determine whether a

given case falls within the statute which resorts to Extrinsic Aids
construction.
 The process determining whether the court the court will
resort to interpretation or construction to be used in any given Nature of the problem presented
case will depend upon the _____?

Interpretation is the art of finding out the true sense of any

forms of words, that is,
1. The sense which their author intended to convey, and of
2. Enabling others to derive from them the same idea.
What is the difference between interpretation and
construction according to Dr. Lieber?
Construction is the drawing of conclusions, respecting
subjects that lie beyond the direct expression of the text, from
1. The elements known from and
2. Given in the text.

Designating the whole process of ascertaining the legislative

intent as wither interpretation or construction. This appears to Customary Judicial Practices
be the _____.

Is to ascertain and give effect to the legislative intent.

What is the purpose of Construction and Interpretation? It hints to what branch of government does construction and
interpretation of written news belong.

It is the observance of the “Principle of Separation of Powers

What is one of the manifestation of a republican government?
and the System of Checks and Balance.
 1. Judicial Department
The situs of construction and interpretation of written laws,
2. Principle of Checks and Balances
belong to what department of the government? Under the
3. may declare legislative measures or executing acts
principle of what? And what do courts may declare?
unconstitional

1. There must be an actual case or controversy.

-brought by the party litigants to settle dispute, because if there is no
case or controversy, there is no way for the court to construe or
What are the requisites that must concur in court’s duty to construe and
interpret the laws.
interpret the law?
2. There is ambiguity in the law involved in the controversy.
-law is susceptible of two or more interpretations.

When there is doubtfulness, doubleness of meaning, duplicity,

When is “ambiguity present”? indistinctiveness, or uncertainty of meaning of an expression used in a
written instrument.
 Is the objective footprints left on the trail of legislative enactment.
What is the “Legislative Intent”? Legislative Intent is determined principally from the language of the
statute.

Verba Legis or Plain Meaning Rule.

This is primary rule in addressing any problem relating to the
What is “Verba Legis”
understanding of the law is to examine the law itself to see what it
plainly says.

If the language of the statute is plain and free from ambiguity, and
The statute must be interpreted literally and applied without
expresses a single, definite and sensible meaning, what must the court
interpretation.
do?
 When language of law is clear, no explanation of it is required
What is “Absoluta sententia expositore non indigent”?

When the language of the law is clear, it should be given its ___. Natural meaning

The legislative intent must be ascertained from a consideration of the

What is cardinal rule in statutory construction?
statute as a whole and not merely of a particular provision.

A general provision may actually have a limited application ___ If read together with other provisions.
 A provision of section, which is unclear by itself, may be clarified by
Reading and construing it in relation to the whole statute.
__?

In interpreting a statute, care should be taken that every part be given

effect.
What is Ut res magis valem quam pereat? Or
Construction to be sought which gives effect to the whole of the statute
– its every word..

When the interpretation of a statute according to the exact and literal of

its words would lead to absurd of mischievous consequences, or would
It should be construed according to its spirit and reason.
thwart the purpose of the legislature in its enactment, so what must be
do?
 The meaning that does not accomplish the purpose of the statute.
What is to be rejected in a construction that gives to the language used
“A construction that gives to the language used in a statute a meaning
in a statute?
that does not accomplish the purpose for which the statute was enacted
shuld be rejected.”

The one that better serves the purpose of the law should prevail.
What should prevail between the two statutory interpretations?
“Between the two statutory interpretations, that which better serves the
purpose of the law should prevail.

When the reason of the law ceases, what will happen to the law? The law itself ceases.
What is ‘Cessante Ratione legis, cessat ipsat lex.”? “When the reason of the law ceases, the law itself ceases.”

It must be so strong in its probability that the contrary thereof cannot be

What must be the test to meet the implication? reasonably supposed, nor can implications contradict the expressed
intent of the statute.

What is implied in a statute is as much a part thereof as that which is

What is “Doctrine of necessary implication”?
expressed.
 A person, object or thing omitted from an enumeration must be held to
“What is casus omissus pro omisso habendus est.”
have been omitted intentionally

It can operate and apply only if and when the omission has been clearly
When can Casus Omissus operate and apply?
established.

Casus Omissus exists when such case or object was omitted by

When is Casus Omissus exists and what is cannot be supplied by the inadvertence or because it was overlooked or unforeseen.
courts?
Omissions or Defects cannot be supplied by the courts.
 Follow past precedents and do not disturb what has been settled. Matters
already decided on the merits cannot be relitigated again and again.
What is Stare Decisis et non quieta movere? OR
Adherence to precedents and not to unsettle things, which are
established.

1. Some of the Philippine Jurisprudence were taken from?

2. True or False: ambiguity is caused by the language of the statute
iself? 1. American Jurisprudence. 2. True. 3. True
3. the use of words and phrases
can cause obscurity in the statute?

What is “Ubi lex non distinguit nec nos distinguiere debemos.”? When the law does not distinguish, courts should not distinguish.
“Ubi lex non distinguit nec nos distinguiere debemos.” Is founded on
logic, is corollary of the principle that _______.
Can the courts may except something when the law does not make any
exception?
Distinguish General Terms and Special terms
General words and phrases of a statute should ordinarily be accorded
their natural and general significance.
Yes, “When the law does not make any exception courts may not except
something unless compelling reasons exist to justify it.
GENERAL TERMS SPECIAL TERMS
may restricted by specific terms expanded to a general
or provisions with which they are signification by the consideration
associated. that the reason of the law is
receive a general interpretations general.
unless restrained
When general words follow an enumeration of persons or things, by Are not to be construed in their widest extent, but are to be held as
words of a particular and specific meaning, the general words ___. applying only to persons or things of the same general kind or class.

Where the legislative intention is plain to the contrary or when the

The rule of Ejusdem Gereis must be discarded ____
legislative intent.

What is Ejusdem Gemeris? Where general words follow an enumeration of persons or things
 – the express mention of one person, thing or consequence implies the
exclusion of all others
What is Expessio Unuis Est Exclusio Alterius?
Or anything that is not included in the enumeration is excluded
therefrom

The legislature would not have made specific enumeration in a statute if

The rule on Expessio Unuis Est Exclusio Alterius proceeds from the
it had the intention not to restrict its meaning and confine its terms to
premise that ___.
those expressly mentioned.

Why does Expessio Unuis Est Exclusio Alterius is very important It is useful as a guide in determining the probable intention of the
though limited in application in the interpretation of statures? legislature.
If the legislature did not in fact intend that its express mention oof one
Then the maxun Expessio Unuis Est Exclusio Alterius must give way.
thing should operate as an exclusion of all others.

What is Noscitur A Sociiss? Word construed with reference to accompanying or associated words.

The exact meaning of a doubtful word o phrase by a consideration of the

The rule of Noscitur A Sociiss directs us to seek tenor of the whole law and the object and purpose of the legislature by
enacting it.
 Its correct construction may be made specific by considering the
When a particular word is equally susceptible of various meanings,
company of terms in which it is found or with which it is associated.

Negative words and phrases regarded as mandatory while those in the

What is the rule of negative words?
affirmative are mere directory.

“May” in the statute generally connotes a permissible thing or it clearly

shows it is directory and not mandatory.
Differentiate “may” and “shall” in the statute.
“Shall” is not always imperative and may consistent with an exercise of
discretion.
 “and” means conjunction connecting words or phrases expressing the
idea that the latter is to be added to or taken along with the first. Or it
also denotes joinder or union.
Differentiate the use of the term “and” and “or”
“or” is a disjunctive particle used to express as alternative or to give a
choice of one among two or more things.

It is a clause or part of the clause in the statute. It is wither to except

something from the enacting clause or to qualify or restrain its
generality or to exclude some possible ground of misinterpretation of its
What is a proviso?
extent.

“Provided is the word used in introducing a proviso.