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By

NESTOR P. MONDOK
STATUTORY CONSTRUCTION

DEFINITION: it is the act or process of ascertaining the


intention of the authors of the law with respect to its
application to a given case, where the intention is
rendered doubtful, among others, by reason of the fact
that the given case is not explicitly provided for in the
law.
 Act or process
 Ascertaining
 Intention of author of the law
 Ambiguity
Legal Hermeneutics
It is the branch of science that establishes the
principles and rules
of interpretation and construction of written laws.

 Branch of science/jurisprudence
 Establish rules, principles, 0n
 Interpretation or construction
 Legal text or document
Exegesis
The application of the principles and rules established
by legal hermeneutics

 Application
 Principle, rules, etc. of legal hermeneutics
 Given case
TWO PROCESSES
INTERPRETATION CONSTRUCTION
 INTRINSIC AID  EXTRINSIC AID
- those found in the law itself. - those found outside the
language of the law.
INTRINSIC AID
 DEFINITION- It is what you see in the law itself and
includes the following:
 Title
 Preamble
 Words, phrases, and sentences, context
 Punctuations
 Heading and marginal notes
 Legislative definition and interpretation
Note: The different parts of a law and their functions.
EXTRINSIC AIDS
 Definition- It is what you see outside the four corners of
the law which includes the following:
 Contemporaneous circumstances
 Policy
 Legislative history of the statute.
 Contemporaneous and practical construction
 Executive construction
 Legislative construction
 Judicial construction
 Construction by the BAR and Legal Commentators
Art or process of statutory
construction
Legal hermeneutics Exegesis
principles

interpretation Intrinsic aid principle


ambiguity Intention
construction Extrinsic aid principle
APPLICATION

Law as
interpreted or
construed

Facts of the case Law Decision

P1 P2

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