STATUTORY CONSTRUCTION • Judicial power is vested in one Supreme Court and in such 1.

one Supreme Court and in such 1. Close interpretation – adopted if just reasons connected with
lower courts as may be established by law. (Art VIII, Sec. 1, the character and formation of the text induce as to take the
Phil. Const.) words in the narrowest meaning. This is generally known as
CHAPTER I “literal” interpretation.
PRELIMINARY CONSIDERATIONS Legislative – makes the law 2. Extensive interpretation – also called as liberal
Executive - executes the law interpretation, it adopts a more comprehensive signification
Judicial – interprets the law of the words.
STATUTORY CONSTRUCTION DEFINED notes
Simply stated, the situs of construction and interpretation of
Statutory Construction – the art or process of discovering and written laws belong to the judicial department.
expounding the meaning and intention of the authors of the law
with respect to its application to a given case, where that It is the duty of the Courts of Justice to settle actual controversies
intention is rendered doubtful, among others, by reason of the involving rights which are legally demandable and enforceable,
fact that the given case is not explicitly provided for in the law. and to determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction on the
Justice Martin defines statutory construction as the art of seeking part of any branch or instrumentality of the government.
the intention of the legislature in enacting a statute and applying
it to a given state of facts. Supreme Court is the one and only Constitutional Court and all
other lower courts are statutory courts and such lower courts
A judicial function is required when a statute is invoked and have the power to construe and interpret written laws.
different interpretations are in contention.

Difference between judicial legislation and statutory DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE
construction: LAW; REQUISITES
Where legislature attempts to do several things one which is
invalid, it may be discarded if the remainder of the act is 1. There must be an actual case or controversy,
workable and in no way depends upon the invalid portion, but if 2. There is ambiguity in the law involved in the controversy.
that portion is an integral part of the act, and its excision
changes the manifest intent of the act by broadening its scope to Ambiguity exists if reasonable persons can find different
include subject matter or territory which was not included therein meanings in a statute, document, etc.
as enacted, such excision is “judicial legislation” and not
“statutory construction”. A statute is ambiguous if it is admissible of two or more possible
meanings.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED If the law is clear and unequivocal, the Court has no other
alternative but to apply the law and not to interpret.
Construction is the drawing of conclusions with respect to
subjects that are beyond the direct expression of the text, while Construction and interpretation of law come only after it has
interpretation is the process of discovering the true meaning of been demonstrated that application is impossible or inadequate
the language used. without them.

Interpretation is limited to exploring the written text.

Construction on the other hand is the drawing of conclusions, DIFFERENT KINDS OF CONSTRUCTION AND
respecting subjects that lie beyond the direct expressions of the INTERPRETATION
text.
Hermeneutics – the science or art of construction and
interpretation.
SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government: Legal hermeneutics – is the systematic body of rules which are
recognized as applicable to the construction and interpretation of
• Legislative power is vested in the Congress of the Philippines legal writings.
– the Senate and the House of the Representatives
• Executive power is vested in the President of the Republic of Dr. Lieber in his work on Hermeneutics gives the following
the Philippines (Art. VII, Sec.1, Phil. Const.) classification of the different kinds of interpretation:
 A bill before it becomes a law must pass the strict constitutional 1. Every bill passed by Congress shall embrace only one
requirements explicit both in the 1973 Constitution and the 1987 subject which shall be expressed in the title thereof. The
Constitution. purposes of this constitutional requirements are:
• To prevent hodge-podge or log-rolling
Passage of a bill in a parliamentary system (unicameral legislation;
assembly): • To prevent surprise or fraud upon the
3. Extravagant interpretation – substitutes a meaning evidently a. A member of the National Assembly may introduce the legislature; and
beyond the true one. It is therefore not genuine proposed bill to the Secretary of the National Assembly who • To fairly apprise the people, through such
interpretation. will calendar the same for the first reading. publications of legislative proceedings as is usually
4. Free or unrestricted interpretation – proceeds simply on he b. In the first reading, the bill is read by its number and title made, of the subjects of legislation that are being
general principles of interpretation in good faith, not bound only. considered, in order that they
by any specific or superior principle. c. After the first reading, the bill is referred by the Speaker to
5. Limited or restricted interpretation - influenced by other the appropriate committee for study. At this stage, the
principles than the strictly hermeneutic ones. appropriate committee will conduct public hearings. Then notes
6. Predestined interpretation – takes place when the after the public hearings, the committee shall decide
interpreter, laboring under a strong bias of mind, makes the whether or not to report the bill favorably or whether a
text subservient to his preconceived views and desires. substitute bill should be considered. Should there be an
unfavorable report of the committee, then the proposed bill
is dead.
SUBJECTS OF CONSTRUCTION AND INTERPRETATION d. Upon favorable action by the committee, the bill is returned
to the National Assembly and shall be calendared for the
Most common subjects of construction and interpretation are the second reading.
constitution and statutes which include ordinances. But we may e. In the second reading, the bill is read in its entirety.
also add resolutions, executive orders and department circulars. f. Immediately after the second reading, the bill is set for open
debates where members of the assembly may propose
amendments and insertions to the proposed bill.
g. After the approval of the bill in its second reading and at
least three (3) calendar days before its final passage, the bill
is printed in its final form and copies thereof distributed to
CHAPTER II each of the members.
STATUTES h. The bill is then calendared for the third and final reading. At
this stage, no amendment shall be allowed. Only the title of
the bill is read and the National Assembly will then vote on
the bill. Under the present 1987b Constitution, after the
LEGISLATIVE PROCEDURES third and final reading at one House where the bill
originated, it will go to the other House where it will undergo
The power to make laws is lodged in the legislative department the same process.
of the government. i. After the bill has been passed, it will be submitted to the
Prime Minister (President) for approval. If he disapproves,
A statute starts with a bill. he shall veto it and return the same with his objections to
the National Assembly (House where it originated), and if
Bill – is the draft of a proposed law from the time of its approved by two-thirds of all its members, shall become a
introduction in a legislative body through all the various stages in law. Under the present set-up, if the originating house will
both houses. It is enacted into law by a vote of the legislative agree to pass the bill, it shall be sent, together with the
body. An “Act” is the appropriate term for it after it has been objections to the other house by which it shall be likewise be
acted on and passed by the legislature. It then becomes a considered and must be approved by two-thirds of the votes.
statute, the written will of the legislature solemnly expressed Every bill passed by Congress shall be acted upon by the
according to the form necessary to constitute it as the law of the President within thirty (30) days from receipt thereof.
state. Otherwise, it shall become a law.

“Statute Law” is a term often used interchangeably with the

word “statute”. Statute Law, however, is broader in meaning CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL
since it includes not only statute but also the judicial
interpretation and application of the enactment. Three (3) very important constitutional requirements in the
enactment of statute:

HOW DOES A BILL BECOMES A LAW – STEPS

 1. General Law – affects the community at large. That which CONCEPT OF VAGUE STATUTES
affects all people of the state or all of a particular class.
Statues or act may be said to be vague when it lacks
comprehensible standards those men “of common intelligence
2. Special Law – designed for a particular purpose, or limited must necessarily guess at its meaning and differ as to its
in range or confined to a prescribed field of action on application.
operation. Statute is repugnant to the Constitution in two (2) respects:
1. It violates due process for failure to accord persons fair
3. Local Law – relates or operates over a particular locality notice of conduct to avoid; and
instead of over the whole territory of the state. 2. It leaves law enforcers unbridled discretions.

• may have opportunity of being heard thereon The Supreme Court held that the “vagueness” doctrine merely
4. Public Law – a general classification of law, consisting
by petition or otherwise, if they shall so desire. requires a reasonable degree of certainty for the statute to be
generally of constitutional, administrative, criminal, and
2. No bill passed by either House shall become law unless it upheld--- not absolute precision or mathematical exactitude.
international law, concerned with the organization of the
has passed three readings on separate days, and printed Flexibility, rather than meticulous specificity, is permissible as
state, the relations between the state and the people who
copies thereof in its final form have been distributed to each long as the metes and bounds of the statute are clearly
compose it, the responsibilities of public officers of the state,
member three days before its passage. delineated
to each other, and to private persons, and the relations of
3. Every bill passed by the Congress shall, before it becomes a state to one another. Public law may be general, local or
law, be presented to the President. The executive approval special law.
and veto power of the President is the third important REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED
constitutional requirement in the mechanical passage of a
bill. 5. Private Law – defines, regulates, enforces and administers
relationships among individuals, associations and notes
corporations.
PARTS OF STATUTE
6. Remedial Statute – providing means or method whereby
a. Title – the heading on the preliminary part, furnishing the causes of action may be affectuated, wrongs redressed and
name by which the act is individually known. It is usually relief obtained.
prefixed to the statute in the brief summary of its contents.
b. Preamble – part of statute explaining the reasons for its 7. Curative Statute – a form of retrospective legislation
enactment and the objects sought to be accomplished. which reaches back into the past to operate upon past
Usually, it starts with “whereas”. events, acts or transactions in order to correct errors and
irregularities and to render valid and effective many
c. Enacting clause – part of statute which declares its
attempted acts which would otherwise be ineffective for the
enactment and serves to identify it as an act of legislation purpose intended.
proceeding from the proper legislative authority. “Be
enacted” is the usual formula used to start this clause.
8. Penal Statute – defines criminal offenses specify
d. Body – the main and operative part of the statute
corresponding fines and punishments.
containing its substantive and even procedural provisions.
Provisos and exceptions may also be found.
9. Prospective Law – applicable only to cases which shall
e. Repealing Clause - announces the prior statutes or specific
arise after its enactment.
provisions which have been abrogated by reason of the
enactment of the new law.
10. Retrospective Law – looks backward or contemplates the
f. Saving Clause – restriction in a repealing act, which is
past; one which is made to affect acts or facts occurring, or
intended to save rights, pending proceedings, penalties, etc. rights occurring, before it came into force.
from the annihilation which would result from an
unrestricted repeal.
11. Affirmative Statute – directs the doing of an act, or
g. Separability Clause – provides that in the event that one
declares what shall be done in contrast to a negative statute
or more provisions or unconstitutional, the remaining which is one that prohibits the things from being done, or
provisions shall still be in force. declares what shall not be done.
h. Effectivity Clause – announces the effective date of the
law. 12. Mandatory Statutes – generic term describing statutes
which require and not merely permit a course of action.
KINDS OF STATUTES
 5. Must be general and consistent with public policy; and When the interpretation of a statute according to the exact and
6. Must not be unreasonable. literal import of its words would lead to absurd or mischievous
consequences, or would thwart or contravene the manifest
purpose of the legislature in its enactment, it should be
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE construed according to its spirit and reason, disregarding or
A STATUTE modifying, so far as may be necessary, the strict letter of the
law.
Local councils exercise only delegated legislative powers
conferred on them by Congress as the national law making body.
• When the reason of the law ceases, the law itself ceases.
The delegate cannot be superior to the principal.
• Doctrine of necessary implications. What is implied in a
statute is as much a part thereof as that which is expressed.
ROLE OF FOREIGN JURISPRUDENCE

Philippine laws must necessarily be construed in accordance with CASUS OMISSUS

the intention of its own law makers and such intent may be
deduced from the language of each law and the context of other When a statute makes specific provisions in regard to several
local legislation related thereof. enumerated cases or objects, but omits to make any provision
CHAPTER III for a
Express repeal – is the abrogation or annulling of a previously BASIC GUIDELINES IN THE CONSTRUCTION AND notes
existing law by the enactment of a subsequent statute which INTERPRETATION OF LAWS
declares that the former law shall be revoked and abrogated.

Implied repeal – when a later statute contains provisions so

contrary to irreconcilable with those of the earlier law that only LEGISLATIVE INTENT
one of the two statutes can stand in force.
The object of all interpretation and construction of statutes is to
The repeal of a penal law deprives the court of jurisdiction to ascertain the meaning and intention of the legislature, to the end
punish persons charged with a violation of the old that the same may be enforced.
penal law prior to its repeal.
Legislative intent is determined principally from the language of
Only a law can repeal a law. the statute.
VERBA LEGIS
The intention to repeal must be clear and manifest, otherwise, at
least, as a general rule, the later act is to be construed as a If the language of the statute is plain and free from ambiguity,
continuation of, and not a substitute for, the first act. and express a single, definite, and sensible meaning, that
meaning is conclusively presumed to be the meaning which the
Two (2) categories of repeal by implication: legislature intended to convey.
1. Where provision in the two acts on the same subject matter
are in an irreconcilable conflict;
2. If the later act covers the whole subject of the earlier one STATUTES AS A WHOLE
and is clearly intended as a substitute – to be a complete
and perfect system in itself. A cardinal rule in statutory construction is that legislative intent
must be ascertained from a consideration of the statute as a
whole and not merely of a particular provision. A word or phrase
ORDINANCE might easily convey a meaning which is different from the one
actually intended.
Ordinance – an act passed by the local legislative body in the
exercise of its law-making authority. A statute should be construed as a whole because it is not to be
presumed that the legislature has used any useless words, and
because it is dangerous practice to base the construction upon
TEST OF VALID ORDINANCE only a part of it, since one portion may be qualified by other
portions.
1. Must not contravene the Constitution or any statute;
2. Must not be unfair or oppressive;
3. Must not be partial or discriminatory; SPIRIT AND PURPOSE OF THE LAW
4. Must not prohibit but may regulate trade;
 When the law does not distinguish, courts should not distinguish.
The rule, founded on logic, is a corollary of the principle that EXPRESS MENTION AND IMPLIED EXCLUSION
general words and phrases of a statute should ordinarily be
accorded their natural and general significance. It is a general rule of statutory construction that the express
mention of one person, thing, or consequence is tantamount to
The courts should administer the law not as they think it ought to an express exclusion of all others. “Expressio unius est exclusio
be but as they find it and without regard to consequences. alterius”.

Except:
• If the law makes no distinction, neither should the Court. • When there is manifest of injustice
• When there is no reason for exception.

EXCEPTIONS IN THE STATUTE

ASSOCIATED WORDS (NOSCITUR SOCIIS)
When the law does not make any exception, courts may not
except something unless compelling reasons exist to justify it. Where a particular word is equally susceptible of various
meanings, its correct construction may be made specific by

GENERAL AND SPECIAL TERMS notes

case or object which is analogous to those enumerated, or which
stands upon the same reason, and is therefore within the general General terms in a statute are to receive a general construction,
scope of the statute, and it appears that such case or object was unless retrained by the context or by plain inferences from the
omitted by inadvertence or because it was overlooked or scope and purpose of the act.
unforeseen, it is called a “casus omissus”. Such omissions or
defects cannot be supplied by the courts. General terms or provisions in a statute may be restrained and
limited by specific terms or provisions with which they are
The rule of “casus omissus pro omisso habendus est” can associated.
operate and apply only if and when the omission has been
clearly established. Special terms in a statute may sometimes be expanded to a
general signification by the consideration that the reason of the
law is general.
STARE DECISIS

It is the doctrine that, when court has once laid down a principle,
and apply it to all future cases, where facts are substantially the
same, regardless of whether the parties and properties are the
same.
GENERAL TERMS FOLLOWING SPECIAL TERMS (EJUSDEM
GENERIS)
Stare Decisis. Follow past precedents and do not disturb what
has been settled. Matters already decided on the merits cannot It is a general rule of statutory construction that where general
be relitigated again and again. words follow an enumeration of persons or things, by words of a
particular and specific meaning, such general words are not to
“Stare decisis et non quieta movere” (follow past precedents and be construed in their widest extent, but are to be held as
do not disturb what has been settled. applying only to persons or things of the same general kind or
class as those specifically mentioned. But this rule must be
discarded where the legislative intention is plain to the contrary.

CHAPTER IV This rule is commonly called the “ejusdem generis” rule, because
CONSTRUCTION AND INTERPRETATION OF WORDS AND it teaches us that broad and comprehensive expressions in an
PHRASES act, such as “and all others”, or “any others”, are usually to be
restricted to persons or things “of the same kind” or class with
those specially named in the preceding words.

WHEN THE LAW DOES NOT DISTINGUISH, COURTS Rule of ejusdem generis merely a tool of statutory construction
SHOULD NOT DISTINGUISH resorted to when legislative intent is uncertain.
 clarify what has already been said, and in such cases, means “in
other words,” “to wit,” or “that is to say.”
PRESUMPTION AGAINST INJUSTICE

COMPUTATION OF TIME The law should never be interpreted in such a way as to cause
injustice as this never within the legislative intent.
When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty five days each; We interpret and apply the law in consonance with justice.
months of thirty days; days of twenty –four hours; and nights
from sunset to sunrise. Judges do not and must not unfeelingly apply the law as it is
worded, yielding like robots to the literal command without
If months are designated by their name, they shall be computed regard to its cause and consequence.
by the number of days which they respectively have.

In computing a period, the first day shall be excluded, and the PRESUMPTION AGAINST IMPLIED REPEALS
last day included (Art. 13, New Civil Code).

considering the company of terms in which it is found or with A “week” means a period of seven consecutive days without notes
which it is associated. regard to the day of the week on which it begins.

USE OF NEGATIVE WORDS FUNCTION OF THE PROVISO

Negative words and phrases regarded as mandatory while those Proviso is a clause or part of a clause in the statute, the office of
affirmative are mere directory. which is either to except something from the enacting clause, or
to qualify or restrain its generality, or to exclude some possible
The word “shall” emphasizes mandatory character and means ground of misinterpretation of its extent.
imperative, operating to impose a duty which may be enforced.
“Provided” is the word used in introducing a proviso.

THE USE OF THE WORD “MAY” AND “SHALL” IN THE

STATUTE
CHAPTER V
Use of the word “may” in the statute generally connotes a PRESUMPTIONS IN AID OF CONSTRUCTION AND
permissible thing, and operates to confer discretion while the INTERPRETATION
word “shall” is imperative, operating to impose a duty which
may be enforced.
PRESUMPTIONS
The term “shall” may be either as mandatory or directory
depending upon a consideration of the entire provision in which In construing a doubtful or ambiguous statute, the Courts will
it is found, its object and consequences that would follow from presume that it was the intention of the legislature to enact a
construing it one way or the other. valid, sensible and just law, and one which should change the
prior law no further than may be necessary to effectuate the
specific purpose of the act in question.
USE OF THE WORD “MUST”

The word “must” in a statute like “shall” is not always imperative PRESUMPTION AGAINST UNCONSTITUTIONALITY
and may be consistent with an exercise discretion.
Laws are presumed constitutional. To justify nullification of law,
there must be a clear and unequivocal breach of the constitution.
THE USE OF THE TERM “AND” AND THE WORD “OR”
The theory is that, as the joint act of the legislative and
“And” means conjunction connecting words or phrases executive authorities, a law is supposed to have been carefully
expressing the idea that the latter is to be added or taken along studied and determined to be constitutional before it was finally
with the first. enacted.

“Or” is a disjunctive particle used to express as alternative or to All laws are presumed valid and constitutional until or unless
give a choice of one among two or more things. It is also used to otherwise ruled by the Court.
 The term “intrinsic” means internal or within. Intrinsic aids, In resorting to intrinsic aids, one must go back to the parts of the
therefore, are those aids within the statute. statute.

Intrinsic aids are resorted to only if there is ambiguity. In

resorting to intrinsic aids, one must go back to the parts of the THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID IN
statute: the title, the preamble, context or body, chapter and DETERMINING LEGISLATIVE INTENT
section headings, punctuation, and interpretation.

TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative

intent.

The two laws must be absolutely incompatible, and clear finding

thereof must surface, before the inference of implied repeal may CHAPTER VII
be drawn. EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION

In the absence of an express repeal, a subsequent law cannot be

construed as repealing a prior law unless an irreconcilable
inconsistency and repugnancy exists in terms of the new and old EXTRINSIC AIDS
laws.
These are existing aids from outside sources, meaning outside of
the four corners of the statute. If there is any doubt as to the
PRESUMPTION AGAINST INEFFECTIVENESS meaning of the statute, the interpreter must first find that out
within the statute.
In the interpretation of a statute, the Court should start with the
assumption that the legislature intended to enact an effective Extrinsic aids therefore are resorted to after exhausting all the
statute. available intrinsic aids and still there remain some ambiguity in
the statute.

PRESUMPTION AGAINST ABSURDITY Extrinsic aids resorted to by the courts are history of the
enactment of the statute; opinions and rulings of officials of the
Statutes must receive a sensible construction such as will give government called upon to execute or implement administrative
effect to the legislative intention so as to avoid an unjust and laws; contemporaneous construction by executive officers; actual
absurd conclusion. proceedings of the legislative body; individual statements by
members of congress; and the author of the law.
Presumption against undesirable consequences were never
intended by a legislative measure. Other sources of extrinsic aids can be the reports and
recommendations of legislative committees; public policy;
judicial construction; and construction by the bar.
PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL
LAW
CHAPTER VI
Philippines as democratic and republican state adopts the INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
generally accepted principles of international law as part of the
law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations. (Art. II,
Sec. 2, Phil. Constitution). INTRINSIC AIDS

CHAPTER VI The very term “intrinsic” means internal or within.

INTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
Intrinsic aids, therefore, are those aids within the statute.

If the language of the statute is clear and unequivocal, there is

no need to resort to intrinsic aids.
INTRINSIC AIDS
 CHAPTER VIII
notes The intent of the law as culled from its preamble and from the STRICT AND LIBERAL CONSTRUCTION AND
situation, circumstances and conditions it sought to remedy, INTERPRETATION OF STATUTES
must be enforced.

Preamble used as a guide in determining the intent of the GENERAL PRINCIPLES

lawmaker.
If a statute should be strictly construed, nothing should be
CHAPTER VII included within the scope that does not come clearly within the
EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION meaning of the language used.

But the rule of strict construction is not applicable where the

EXTRINSIC AIDS meaning of the statute is certain and unambiguous , for under
these circumstances, there is no need for construction.
Extrinsic aids are existing aids from outside sources, meaning
outside from the four corners of the statute. On the other hand, there are many statutes which will be
liberally construed. The meaning of the statute may be extended
Extrinsic aids are resorted to after exhausting all the available to matters which come within the spirit or reason of the law or
intrinsic aids and still there remain some ambiguity in the within the evils which the law seeks to suppress or correct.
statute.
Liberal interpretation or construction of the law or rules,
Extrinsic aids resorted to by the courts are: however, applies only in proper cases and under justifiable
• History of the enactment of the statute; causes and circumstances. While it is true that litigation is not a
• Opinions and rulings of officials of the government game of technicalities, it is equally true that every case must be
called upon to execute or implement administrative prosecuted in accordance with the prescribed procedure to
laws; insure an orderly and speedy administration of justice.
• Contemporaneous construction by executive officers
charged with implementing and enforcing the provisions
of the statutes unless such interpretation is clearly PENAL STATUTES
erroneous;
• Actual proceedings of the legislative body; Penal laws are to be construed strictly against the state and in
favor of the accused. Hence, in the interpretation of a penal
• Individual statements by members of congress; and
statute, the tendency is to subject it to careful scrutiny and to
• The author of the law
construe it with such strictness as to safeguard the right of the
accused.
Other sources of extrinsic aids are:
• Reports and recommendations of legislative If the statute is ambiguous and admits of two reasonable but
committees; contradictory constructions, that which operates in favor of a
• Public policy; party accused under its provisions is to be preferred.
• Judicial construction; and
• Construction by the bar

It is a well-accepted principle that where a statute is ambiguous,

courts may examine both the printed pages of the published Act TAX LAWS
as well as those extrinsic matters that may aid in construing the
meaning of the statute, such as the history of its enactment, the Taxation is a destructive power which interferes with the
reasons of the passage of the bill and purposes to be personal and property rights of the people and takes from them
accomplished by the measure. a portion of their property for the support of the government.

Individual statements by members of Congress on the floor do Accordingly, in case of doubt, tax statutes must be construed
not necessarily reflect legislative intent. strictly against the government and liberally in favor of the
taxpayer, for taxes, being burdens, are not to be presumed
The best interpreter of the law or any of its provisions is the beyond what the applicable statute expressly and clearly
author of the law. declares.

Any claim for exemption from a tax statute is strictly construed

PREAMBLE AS INTRINSIC AID against the taxpayer and liberally in favor of the state.
notes NATURALIZATION LAW
Retrospective or retroactive law – is one which takes away or
Naturalization laws should be rigidly enforced and strictly impairs vested rights acquired under existing laws, or creates
construed in favor of the government and against the applicant. new obligations and imposes new duties, or attaches new
disabilities in respect of transaction already past.

INSURANCE LAW A sound canon of statutory construction is that statutes operate

prospectively only and never retrospectively, unless the
Contracts of Insurance are to be construed liberally in favor of legislative intent to the contrary is made manifest either by the
the insured and strictly against the insurer. Thus, ambiguity in express terms of the statute or by necessary implication.
the words of an insurance contract should be interpreted in favor
of its beneficiary. The Civil Code of the Philippines follows the above rule thus:
Laws shall have no retroactive effect, unless the contrary is
provided.
LABOR AND SOCIAL LEGISLATIONS
Retroactive legislation is looked upon with disfavor, as a general
Doubts in the interpretation of Workmen’s Compensation and rule and properly so because of its tendency to be unjust and
Labor Code should be resolved in favor of the worker. It should oppressive.
be liberally construed to attain their laudable objective, i.e., to
give relief to the workman and/or his dependents in the event
that the former should die or sustain in an injury. PENAL STATUTES

The sympathy of the law on social security is towards its Penal statutes as a rule are applied prospectively. Felonies and
beneficiaries and the law by its own terms, requires a misdemeanors are punished under the laws in force at the time
construction of utmost liberality in their favor. of their commission. (Art. 366, RPC).

However, as an exception, it can be given retroactive effect if it

RETIREMENT LAWS is favorable to the accused who is not a habitual criminal. (Art.
22, RPC).
Retirement laws are liberally interpreted in favor of the retiree
because the intention is to provide for the retiree’s sustenance
and comfort, when he is no longer capable of earning his PROCEDURAL LAWS ARE RETROSPECTIVE
livelihood.
Statutes regulating the procedure of the Court will be construed
as applicable to actions pending and undermined at the time of
ELECTION RULES their passage. However, Rules of Procedure should not be given
retroactive effect if it would result in great injustice and impair
Statute providing for election contests are to be liberally substantive right.
construed to the end that the will of the people in the choice of
public officer may not be defeated by mere technical objections. Procedural provisions of the Local Government Code are
retrospective.

RULES OF COURT
CURATIVE STATUTES
Rule of court shall be liberally construed in order to promote
their objective of securing a just, speedy and inexpensive They are those which undertake to cure errors and irregularities
disposition of every action and proceeding. and administrative proceedings, and which are designed to give
effect to contracts and other transactions between private
parties which otherwise would fail of producing their intended
CHAPTER IX consequences by reason of some statutory disability or failure to
PROSPECTIVE AND RETROSPECTIVE STATUTES comply with some technical requirement. They are therefore
retroactive in their character.

GENERAL PRINCIPLES

Prospective statute – is a statute which operates upon acts CHAPTER X

and transactions which have not occurred when the statute takes CONFLICTING STATUTES
effect, that is, which regulates the future.
notes EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE A statute is superior to an administrative circular, thus the later
cannot repeal or amend it.
It may happen that in a statute, conflicting clauses and
provisions may arise. If such situation may occur, the statute Where the instrument is susceptible of two interpretations, one
must be construed as a whole. which will make it invalid and illegal and another which will make
it valid and legal, the latter interpretation should be adopted.

STATUTES IN PARI MATERIA In case of conflict between an administrative order and the
provisions of the Constitutions, the latter prevails.
Statutes that relate to the same subject matter, or to the same
class of persons or things, or have the same purpose or object. CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THE
Statutes in pari materia are to be construed together; each CONSTITUTION
legislative act is to be interpreted with reference to other acts
relating to the same matter or subject.
A constitution is a system of fundamental law for the governance
However, if statutes of equal theoritical application to a and administration of a nation. It is supreme, imperious,
particular case cannot be reconciled, the statute of later date absolute, and unalterable except by the authority from which it
must prevail being a later expression of legislative will. emanates.

Under the doctrine of constitutional supremacy, if a law or

GENERAL AND SPECIAL STATUTES contract violates any norm of the constitution, that law or
contract whether promulgated by the legislative, or by the
Sometimes we find statutes treating a subject in general terms executive branch or entered into by private persons for private
and another treating a part of the same subject in particularly purposes is null and void and without any force or effect.
detailed manner.

If both statutes are irreconcilable, the general statute must give ALL PROVISIONS OF THE CONSTITUTION ARE SELF-
way to the special or particular provisions as an exception to the EXECUTING; EXCEPTIONS
general provisions.
Some constitutions are merely declarations of policies. Their
This is so even if the general statute is later enactment of the provisions command the legislature to enact laws and carry out
legislature and broad enough to include the cases in special law the purposes of the framers who merely establish an outline of
unless there is manifest intent to repeal or alter the special law. government providing for the different departments of the
governmental machinery and securing certain fundamental and
inalienable rights of citizens.
STATUTE AND ORDINANCE
Thus a constitutional provision is self-executing if the nature and
If there is conflict an ordinance and a statute, the ordinance must extent of the right conferred and the liability imposed are fixed
give way. by the constitution itself.

Unless it is expressly provided that a legislative act is necessary

It is a well-settled rule that a substantive law cannot be amended to enforce a constitutional mandate, the presumption now is that
by a procedural law. all provisions of the constitution are self-executing.

A general law cannot repeal a special law. In case of doubt, the Constitution should be considered self-
executing rather than non-self-executing, unless the contrary is
In case of conflict between a general provision of a special law clearly intended.
and a particular provision of a general law, the latter will prevail.
Non-self-executing provisions would give the legislature
When there is irreconcilable repugnancy between a proviso and discretion to determine when, or whether, they shall be effective,
the body of a statute, the former prevails as latest expression of subordinated to the will of the law-making body.
legislative intent.

The enactment of a later legislation which is general law cannot PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICT
be construed to have repealed a special law. INTERPRETATION
 notes STARE DECISIS
1. The Court in construing a Constitution should bear in mind
the object sought to be accomplished by its adoption, and The rule of precedents.
the evils, if any, sought to be prevented or remedied.
2. One provision of the Constitution is to be separated from all Judicial decisions applying or interpreting the laws or the
the others, to be considered alone, but that all provisions Constitution shall form part of the legal system of the Philippines.
bearing upon a particular subject are to be brought into view
and to be interpreted as to effectuate the great purposes of
the instrument. CONCLUSION
3. The proper interpretation of the Constitution depends more
on how it was understood by the people adopting it than the The fundamental principle of constituitonal construction is to
framer’s understanding thereof. give effect to the intent of the framers of the organic law and of
the people adopting it.

THE CONSTITUTIONAL PROVISION ON NATURAL-BORN

CITIZENS OF THE PHILIPPINES GIVEN RETROACTIVE
EFFECT
CHAPTER XII
Under THE 1973 Constitution, those born of Filipino fathers and RECENT CASES ON STATUTORY CONSTRUCTION
those born of Filipino mothers with an alien father were placed
on equal footing. They were both considered as natural-born
citizens. • The term “may” is indicative of a mere possibility, an
opportunity or an option.
The constitutional provision is curative in nature.
• An implied repeal is predicated on a substantial
conflict between the new and prior laws.
THE CONSTITUTION MUST BE CONSTRUED IN ITS
ENTIRETY AS ONE, SINGLE DOCUMENT • The abrogation or repeal of a law cannot be assumed;
the intention to revoke must be clear and manifest.

LIBERAL CONSTRUCTION OF ONE TITLE OF ONE SUBJECT • When the law speaks in clear and categorical
language, there is no occasion for interpretation.
A liberal construction of the “one title-one subject” rule has been
invariably adopted by the court so as not to cripple or impede • Penal laws must be construed strictly. Such rule is
legislation. founded on the tenderness of the law for the rights of
individuals and on the plain principle that the power
The title expresses the general subject and all the provisions are of punishment is vested in the Congress, not in the
germane to the general subject. Judicial department.

• Where a requirement is made explicit and

RESIGNATION OF THE PRESIDENT UNDER THE 1987
unambiguous terms, no discretion is left to the
CONSTITUION IS NOT GOVERNED BY ANY FORMAL
judiciary. It must see to it that the mandate is
REQUIREMENT AS TO FORM. IT CAN BE ORAL. IT CAN BE
obeyed.
WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED.
• Statutes that are remedial, or that do not create new
SPECIAL PROVISION PREVAILS OVER A GENERAL ONE or take away vested rights, do not fall…

Lex specialis derogant generali

SUPREMA LEX

It is time-honored that the Constitution is the Supreme Law of

the land. It is the law of all laws. Hence, if there is conflict
between a statute and the Constitution, the statute shall yield to
the Constitution.
Guidelines in construction and interpretation of the constitution
are stressed:
notes