STATUTORY CONSTRUCTION

SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government:

CHAPTER I • Legislative power is vested in the Congress of the Philippines – the
PRELIMINARY CONSIDERATIONS Senate and the House of the Representatives
• Executive power is vested in the President of the Republic of the
Philippines (Art. VII, Sec.1, Phil. Const.)
STATUTORY CONSTRUCTION DEFINED • Judicial power is vested in one Supreme Court and in such lower
courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)
Statutory Construction – the art or process of discovering and
Legislative – makes the law
expounding the meaning and intention of the authors of the law with
Executive - executes the law
respect to its application to a given case, where that intention is rendered
Judicial – interprets the law
doubtful, among others, by reason of the fact that the given case is not
explicitly provided for in the law.
Simply stated, the situs of construction and interpretation of written
laws belong to the judicial department.
Justice Martin defines statutory construction as the art of seeking the
intention of the legislature in enacting a statute and applying it to a
It is the duty of the Courts of Justice to settle actual controversies
given state of facts.
involving rights which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse of discretion
A judicial function is required when a statute is invoked and different
amounting to lack or excess of jurisdiction on the part of any branch or
interpretations are in contention.
instrumentality of the government.
Difference between judicial legislation and statutory construction:
Supreme Court is the one and only Constitutional Court and all other
Where legislature attempts to do several things one which is invalid, it
lower courts are statutory courts and such lower courts have the power
may be discarded if the remainder of the act is workable and in no way
to construe and interpret written laws.
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 DUTY OF THE COURTS TO CONSTRUE AND INTERPRET
not “statutory construction”. THE LAW; REQUISITES

1. There must be an actual case or controversy,

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED 2. There is ambiguity in the law involved in the controversy.

Construction is the drawing of conclusions with respect to subjects that Ambiguity exists if reasonable persons can find different meanings in a
are beyond the direct expression of the text, while interpretation is the statute, document, etc.
process of discovering the true meaning of the language used.
A statute is ambiguous if it is admissible of two or more possible
Interpretation is limited to exploring the written text. Construction on meanings.
the other hand is the drawing of conclusions, respecting subjects that lie
beyond the direct expressions of the text. If the law is clear and unequivocal, the Court has no other alternative
but to apply the law and not to interpret.
Construction and interpretation of law come only after it has been
demonstrated that application is impossible or inadequate without them. CHAPTER II
STATUTES
DIFFERENT KINDS OF CONSTRUCTION AND
INTERPRETATION
LEGISLATIVE PROCEDURES
Hermeneutics – the science or art of construction and interpretation.
The power to make laws is lodged in the legislative department of the
government.
Legal hermeneutics – is the systematic body of rules which are
recognized as applicable to the construction and interpretation of legal A statute starts with a bill.
writings.
Bill – is the draft of a proposed law from the time of its introduction in a
Dr. Lieber in his work on Hermeneutics gives the following classification legislative body through all the various stages in both houses. It is
of the different kinds of interpretation: enacted into law by a vote of the legislative body. An “Act” is the
appropriate term for it after it has been acted on and passed by the
1. Close interpretation – adopted if just reasons connected with the legislature. It then becomes a statute, the written will of the legislature
character and formation of the text induce as to take the words in the solemnly expressed according to the form necessary to constitute it as
narrowest meaning. This is generally known as “literal” the law of the state.
interpretation.
2. Extensive interpretation – also called as liberal interpretation, it “Statute Law” is a term often used interchangeably with the word
adopts a more comprehensive signification of the words. “statute”. Statute Law, however, is broader in meaning since it includes
3. Extravagant interpretation – substitutes a meaning evidently beyond not only statute but also the judicial interpretation and application of the
the true one. It is therefore not genuine interpretation. enactment.
4. Free or unrestricted interpretation – proceeds simply on he general
principles of interpretation in good faith, not bound by any specific or
superior principle. HOW DOES A BILL BECOMES A LAW – STEPS
5. Limited or restricted interpretation - influenced by other principles
than the strictly hermeneutic ones. A bill before it becomes a law must pass the strict constitutional
6. Predestined interpretation – takes place when the interpreter, laboring requirements explicit both in the 1973 Constitution and the 1987
under a strong bias of mind, makes the text subservient to his Constitution.
preconceived views and desires.
Passage of a bill in a parliamentary system (unicameral assembly):
a. A member of the National Assembly may introduce the proposed bill
SUBJECTS OF CONSTRUCTION AND INTERPRETATION to the Secretary of the National Assembly who will calendar the same
for the first reading.
Most common subjects of construction and interpretation are the b. In the first reading, the bill is read by its number and title only.
constitution and statutes which include ordinances. But we may also c. After the first reading, the bill is referred by the Speaker to the
add resolutions, executive orders and department circulars. appropriate committee for study. At this stage, the appropriate
committee will conduct public hearings. Then after the public
hearings, the committee shall decide whether or not to report the bill
favorably or whether a substitute bill should be considered. Should
 there be an unfavorable report of the committee, then the proposed 2. No bill passed by either House shall become law unless it has passed
bill is dead. three readings on separate days, and printed copies thereof in its final
d. Upon favorable action by the committee, the bill is returned to the form have been distributed to each member three days before its
National Assembly and shall be calendared for the second reading. passage.
e. In the second reading, the bill is read in its entirety. 3. Every bill passed by the Congress shall, before it becomes a law, be
f. Immediately after the second reading, the bill is set for open debates presented to the President. The executive approval and veto power of
where members of the assembly may propose amendments and the President is the third important constitutional requirement in the
insertions to the proposed bill. mechanical passage of a 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 each of the members. PARTS OF STATUTE
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 a. Title – the heading on the preliminary part, furnishing the name by
read and the National Assembly will then vote on the bill. Under the which the act is individually known. It is usually prefixed to the
present 1987b Constitution, after the third and final reading at one statute in the brief summary of its contents.
House where the bill originated, it will go to the other House where it b. Preamble – part of statute explaining the reasons for its enactment
will undergo the same process. and the objects sought to be accomplished. Usually, it starts with
i. After the bill has been passed, it will be submitted to the Prime “whereas”.
Minister (President) for approval. If he disapproves, he shall veto it c. Enacting clause – part of statute which declares its enactment and
and return the same with his objections to the National Assembly serves to identify it as an act of legislation proceeding from the proper
(House where it originated), and if approved by two-thirds of all its legislative authority. “Be enacted” is the usual formula used to start
members, shall become a law. Under the present set-up, if the this clause.
originating house will agree to pass the bill, it shall be sent, together d. Body – the main and operative part of the statute containing its
with the objections to the other house by which it shall be likewise be substantive and even procedural provisions. Provisos and exceptions
considered and must be approved by two-thirds of the votes. Every may also be found.
bill passed by Congress shall be acted upon by the President within e. Repealing Clause - announces the prior statutes or specific
thirty (30) days from receipt thereof. Otherwise, it shall become a law. provisions which have been abrogated by reason of the enactment of
the new law.
f. Saving Clause – restriction in a repealing act, which is intended to
CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL save rights, pending proceedings, penalties, etc. from the annihilation
which would result from an unrestricted repeal.
Three (3) very important constitutional requirements in the enactment of g. Separability Clause – provides that in the event that one or more
statute: provisions or unconstitutional, the remaining provisions shall still be
in force.
1. Every bill passed by Congress shall embrace only one subject which h. Effectivity Clause – announces the effective date of the law.
shall be expressed in the title thereof. The purposes of this
constitutional requirements are:
• To prevent hodge-podge or log-rolling legislation; KINDS OF STATUTES
• To prevent surprise or fraud upon the legislature; and
• To fairly apprise the people, through such publications of 1. General Law – affects the community at large. That which affects all
legislative proceedings as is usually made, of the subjects of people of the state or all of a particular class.
legislation that are being considered, in order that they may have
opportunity of being heard thereon by petition or otherwise, if they 2. Special Law – designed for a particular purpose, or limited in range
shall so desire. or confined to a prescribed field of action on operation.
3. Local Law – relates or operates over a particular locality instead of Statues or act may be said to be vague when it lacks comprehensible
over the whole territory of the state. standards those men “of common intelligence must necessarily guess at
its meaning and differ as to its application.
4. Public Law – a general classification of law, consisting generally of Statute is repugnant to the Constitution in two (2) respects:
constitutional, administrative, criminal, and international law, 1. It violates due process for failure to accord persons fair notice of
concerned with the organization of the state, the relations between conduct to avoid; and
the state and the people who compose it, the responsibilities of public 2. It leaves law enforcers unbridled discretions.
officers of the state, to each other, and to private persons, and the
relations of state to one another. Public law may be general, local or The Supreme Court held that the “vagueness” doctrine merely requires a
special law. reasonable degree of certainty for the statute to be upheld--- not absolute
precision or mathematical exactitude. Flexibility, rather than meticulous
5. Private Law – defines, regulates, enforces and administers specificity, is permissible as long as the metes and bounds of the statute
relationships among individuals, associations and corporations. are clearly delineated

6. Remedial Statute – providing means or method whereby causes of

action may be affectuated, wrongs redressed and relief obtained. REPEALS OF STATUTE MAY BE EXPRESSED OR IMPLIED
7. Curative Statute – a form of retrospective legislation which reaches Express repeal – is the abrogation or annulling of a previously existing
back into the past to operate upon past events, acts or transactions in law by the enactment of a subsequent statute which declares that the
order to correct errors and irregularities and to render valid and former law shall be revoked and abrogated.
effective many attempted acts which would otherwise be ineffective for
the purpose intended. Implied repeal – when a later statute contains provisions so contrary to
irreconcilable with those of the earlier law that only one of the two
8. Penal Statute – defines criminal offenses specify corresponding fines statutes can stand in force.
and punishments.
The repeal of a penal law deprives the court of jurisdiction to punish
9. Prospective Law – applicable only to cases which shall arise after its persons charged with a violation of the old penal law prior to its repeal.
enactment.
Only a law can repeal a law.
10. Retrospective Law – looks backward or contemplates the past; one
which is made to affect acts or facts occurring, or rights occurring, The intention to repeal must be clear and manifest, otherwise, at least,
before it came into force. as a general rule, the later act is to be construed as a continuation of,
and not a substitute for, the first act.
11. Affirmative Statute – directs the doing of an act, or declares what
shall be done in contrast to a negative statute which is one that Two (2) categories of repeal by implication:
prohibits the things from being done, or declares what shall not be 1. Where provision in the two acts on the same subject matter are in an
done. irreconcilable conflict;
2. If the later act covers the whole subject of the earlier one and is
12. Mandatory Statutes – generic term describing statutes which require clearly intended as a substitute – to be a complete and perfect system
and not merely permit a course of action. in itself.

CONCEPT OF VAGUE STATUTES ORDINANCE

Ordinance – an act passed by the local legislative body in the exercise of
its law-making authority.

TEST OF VALID ORDINANCE CHAPTER III

1. Must not contravene the Constitution or any statute;
BASIC GUIDELINES IN THE CONSTRUCTION AND
2. Must not be unfair or oppressive; INTERPRETATION OF LAWS
3. Must not be partial or discriminatory;
4. Must not prohibit but may regulate trade;
5. Must be general and consistent with public policy; and
6. Must not be unreasonable. LEGISLATIVE INTENT

The object of all interpretation and construction of statutes is to

REASON WHY AN ORDINANCE SHOULD NOT ascertain the meaning and intention of the legislature, to the end that
CONTRAVENE A STATUTE the same may be enforced.

Local councils exercise only delegated legislative powers conferred on Legislative intent is determined principally from the language of the
them by Congress as the national law making body. statute.
VERBA LEGIS
The delegate cannot be superior to the principal.
If the language of the statute is plain and free from ambiguity, and
express a single, definite, and sensible meaning, that meaning is
ROLE OF FOREIGN JURISPRUDENCE conclusively presumed to be the meaning which the legislature intended
to convey.
Philippine laws must necessarily be construed in accordance with the
intention of its own law makers and such intent may be deduced from
the language of each law and the context of other local legislation related STATUTES AS A WHOLE
thereof.
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 might easily convey a
meaning which is different from the one actually intended.

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 only a part of it,
since one portion may be qualified by other portions.

SPIRIT AND PURPOSE OF THE LAW

When the interpretation of a statute according to the exact and 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 construed according to its spirit and reason,
disregarding or modifying, so far as may be necessary, the strict letter of
the law.

• When the reason of the law ceases, the law itself ceases. CHAPTER IV
• Doctrine of necessary implications. What is implied in a statute is as
CONSTRUCTION AND INTERPRETATION OF
much a part thereof as that which is expressed. WORDS AND PHRASES

CASUS OMISSUS
WHEN THE LAW DOES NOT DISTINGUISH, COURTS
When a statute makes specific provisions in regard to several SHOULD NOT DISTINGUISH
enumerated cases or objects, but omits to make any provision for a case
or object which is analogous to those enumerated, or which stands upon When the law does not distinguish, courts should not distinguish. The
the same reason, and is therefore within the general scope of the statute, rule, founded on logic, is a corollary of the principle that general words
and it appears that such case or object was omitted by inadvertence or and phrases of a statute should ordinarily be accorded their natural and
because it was overlooked or unforeseen, it is called a “casus omissus”. general significance.
Such omissions or defects cannot be supplied by the courts.
The courts should administer the law not as they think it ought to be but
The rule of “casus omissus pro omisso habendus est” can operate and as they find it and without regard to consequences.
apply only if and when the omission has been clearly established.

• If the law makes no distinction, neither should the Court.

STARE DECISIS

It is the doctrine that, when court has once laid down a principle, and EXCEPTIONS IN THE STATUTE
apply it to all future cases, where facts are substantially the same,
regardless of whether the parties and properties are the same. When the law does not make any exception, courts may not except
something unless compelling reasons exist to justify it.

Stare Decisis. Follow past precedents and do not disturb what has been
settled. Matters already decided on the merits cannot be relitigated GENERAL AND SPECIAL TERMS
again and again.
General terms in a statute are to receive a general construction, unless
“Stare decisis et non quieta movere” (follow past precedents and do not retrained by the context or by plain inferences from the scope and
disturb what has been settled. purpose of the act.

General terms or provisions in a statute may be restrained and limited

by specific terms or provisions with which they are associated.

Special terms in a statute may sometimes be expanded to a general

signification by the consideration that the reason of the law is general.
 USE OF NEGATIVE WORDS

Negative words and phrases regarded as mandatory while those

affirmative are mere directory.

GENERAL TERMS FOLLOWING SPECIAL TERMS The word “shall” emphasizes mandatory character and means
(EJUSDEM GENERIS) imperative, operating to impose a duty which may be enforced.

It is a general rule of statutory construction that where general words

follow an enumeration of persons or things, by words of a particular and THE USE OF THE WORD “MAY” AND “SHALL” IN THE
specific meaning, such general words are not to be construed in their STATUTE
widest extent, but are to be held as applying only to persons or things of
the same general kind or class as those specifically mentioned. But this Use of the word “may” in the statute generally connotes a permissible
rule must be discarded where the legislative intention is plain to the thing, and operates to confer discretion while the word “shall” is
contrary. imperative, operating to impose a duty which may be enforced.

This rule is commonly called the “ejusdem generis” rule, because it The term “shall” may be either as mandatory or directory depending
teaches us that broad and comprehensive expressions in an act, such as upon a consideration of the entire provision in which it is found, its
“and all others”, or “any others”, are usually to be restricted to persons object and consequences that would follow from construing it one way or
or things “of the same kind” or class with those specially named in the the other.
preceding words.

Rule of ejusdem generis merely a tool of statutory construction resorted USE OF THE WORD “MUST”
to when legislative intent is uncertain.
The word “must” in a statute like “shall” is not always imperative and
may be consistent with an exercise discretion.
EXPRESS MENTION AND IMPLIED EXCLUSION

It is a general rule of statutory construction that the express mention of THE USE OF THE TERM “AND” AND THE WORD “OR”
one person, thing, or consequence is tantamount to an express exclusion
of all others. “Expressio unius est exclusio alterius”. “And” means conjunction connecting words or phrases expressing the
idea that the latter is to be added or taken along with the first.
Except:
• When there is manifest of injustice “Or” is a disjunctive particle used to express as alternative or to give a
• When there is no reason for exception. choice of one among two or more things. It is also used to clarify what
has already been said, and in such cases, means “in other words,” “to
wit,” or “that is to say.”
ASSOCIATED WORDS (NOSCITUR SOCIIS)

Where a particular word is equally susceptible of various meanings, its COMPUTATION OF TIME
correct construction may be made specific by considering the company of
terms in which it is found or with which it is associated. When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty five days each; months
of thirty days; days of twenty –four hours; and nights from sunset to
sunrise.

If months are designated by their name, they shall be computed by the

number of days which they respectively have.

In computing a period, the first day shall be excluded, and the last day
included (Art. 13, New Civil Code). CHAPTER V
A “week” means a period of seven consecutive days without regard to the PRESUMPTIONS IN AID OF CONSTRUCTION AND
day of the week on which it begins. INTERPRETATION

FUNCTION OF THE PROVISO PRESUMPTIONS

Proviso is a clause or part of a clause in the statute, the office of which In construing a doubtful or ambiguous statute, the Courts will presume
is either to except something from the enacting clause, or to qualify or that it was the intention of the legislature to enact a valid, sensible and
restrain its generality, or to exclude some possible ground of just law, and one which should change the prior law no further than may
misinterpretation of its extent. be necessary to effectuate the specific purpose of the act in question.

“Provided” is the word used in introducing a proviso.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullification of law, there

must be a clear and unequivocal breach of the constitution.

The theory is that, as the joint act of the legislative and executive
authorities, a law is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted.

All laws are presumed valid and constitutional until or unless otherwise
ruled by the Court.

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injustice

as this never within the legislative intent.

We interpret and apply the law in consonance with justice.

Judges do not and must not unfeelingly apply the law as it is worded,
yielding like robots to the literal command without regard to its cause
and consequence.
PRESUMPTION AGAINST IMPLIED REPEALS

The two laws must be absolutely incompatible, and clear finding thereof
must surface, before the inference of implied repeal may be drawn.

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 laws. CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND
PRESUMPTION AGAINST INEFFECTIVENESS INTERPRETATION

In the interpretation of a statute, the Court should start with the

assumption that the legislature intended to enact an effective statute.

INTRINSIC AIDS
PRESUMPTION AGAINST ABSURDITY
The term “intrinsic” means internal or within. Intrinsic aids, therefore,
are those aids within the statute.
Statutes must receive a sensible construction such as will give effect to
the legislative intention so as to avoid an unjust and absurd conclusion.
Intrinsic aids are resorted to only if there is ambiguity. In resorting to
intrinsic aids, one must go back to the parts of the statute: the title, the
Presumption against undesirable consequences were never intended by a
preamble, context or body, chapter and section headings, punctuation,
legislative measure.
and interpretation.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL

LAW

Philippines as democratic and republican state adopts the 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).
 CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION AND CHAPTER VI
INTERPRETATION INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

EXTRINSIC AIDS INTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the four
The very term “intrinsic” means internal or within.
corners of the statute. If there is any doubt as to the meaning of the
statute, the interpreter must first find that out within the statute.
Intrinsic aids, therefore, are those aids within the statute.
Extrinsic aids therefore are resorted to after exhausting all the available
If the language of the statute is clear and unequivocal, there is no need
intrinsic aids and still there remain some ambiguity in the statute.
to resort to intrinsic aids.
Extrinsic aids resorted to by the courts are history of the enactment of
In resorting to intrinsic aids, one must go back to the parts of the
the statute; opinions and rulings of officials of the government called
statute.
upon to execute or implement administrative laws; contemporaneous
construction by executive officers; actual proceedings of the legislative
body; individual statements by members of congress; and the author of
the law. THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID IN
DETERMINING LEGISLATIVE INTENT
Other sources of extrinsic aids can be the reports and recommendations
of legislative committees; public policy; judicial construction; and
construction by the bar. TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative intent.

PREAMBLE AS INTRINSIC AID

The intent of the law as culled from its preamble and from the situation,
circumstances and conditions it sought to remedy, must be enforced.

Preamble used as a guide in determining the intent of the lawmaker.

 Individual statements by members of Congress on the floor do not
necessarily reflect legislative intent.

The best interpreter of the law or any of its provisions is the author of the
law.

CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION AND
CHAPTER VIII
INTERPRETATION
STRICT AND LIBERAL CONSTRUCTION AND
INTERPRETATION OF STATUTES
EXTRINSIC AIDS

Extrinsic aids are existing aids from outside sources, meaning outside GENERAL PRINCIPLES
from the four corners of the statute.
If a statute should be strictly construed, nothing should be included
Extrinsic aids are resorted to after exhausting all the available intrinsic within the scope that does not come clearly within the meaning of the
aids and still there remain some ambiguity in the statute. language used.

Extrinsic aids resorted to by the courts are: But the rule of strict construction is not applicable where the meaning of
• History of the enactment of the statute; the statute is certain and unambiguous , for under these circumstances,
• Opinions and rulings of officials of the government called upon to there is no need for construction.
execute or implement administrative laws;
• Contemporaneous construction by executive officers charged with On the other hand, there are many statutes which will be liberally
implementing and enforcing the provisions of the statutes unless construed. The meaning of the statute may be extended to matters which
such interpretation is clearly erroneous; come within the spirit or reason of the law or within the evils which the
• Actual proceedings of the legislative body; law seeks to suppress or correct.
• Individual statements by members of congress; and
Liberal interpretation or construction of the law or rules, however,
• The author of the law applies only in proper cases and under justifiable causes and
circumstances. While it is true that litigation is not a game of
Other sources of extrinsic aids are: technicalities, it is equally true that every case must be prosecuted in
• Reports and recommendations of legislative committees; accordance with the prescribed procedure to insure an orderly and
• Public policy; speedy administration of justice.
• Judicial construction; and
• Construction by the bar
PENAL STATUTES
It is a well-accepted principle that where a statute is ambiguous, courts
may examine both the printed pages of the published Act as well as Penal laws are to be construed strictly against the state and in favor of
those extrinsic matters that may aid in construing the meaning of the the accused. Hence, in the interpretation of a penal statute, the
statute, such as the history of its enactment, the reasons of the passage tendency is to subject it to careful scrutiny and to construe it with such
of the bill and purposes to be accomplished by the measure. strictness as to safeguard the right of the accused.
 The sympathy of the law on social security is towards its beneficiaries
If the statute is ambiguous and admits of two reasonable but and the law by its own terms, requires a construction of utmost liberality
contradictory constructions, that which operates in favor of a party in their favor.
accused under its provisions is to be preferred.

RETIREMENT LAWS

Retirement laws are liberally interpreted in favor of the retiree because

TAX LAWS the intention is to provide for the retiree’s sustenance and comfort, when
he is no longer capable of earning his livelihood.
Taxation is a destructive power which interferes with the personal and
property rights of the people and takes from them a portion of their
property for the support of the government. ELECTION RULES
Accordingly, in case of doubt, tax statutes must be construed strictly Statute providing for election contests are to be liberally construed to the
against the government and liberally in favor of the taxpayer, for taxes, end that the will of the people in the choice of public officer may not be
being burdens, are not to be presumed beyond what the applicable defeated by mere technical objections.
statute expressly and clearly declares.

RULES OF COURT
Any claim for exemption from a tax statute is strictly construed against
the taxpayer and liberally in favor of the state. Rule of court shall be liberally construed in order to promote their
objective of securing a just, speedy and inexpensive disposition of every
action and proceeding.
NATURALIZATION LAW

Naturalization laws should be rigidly enforced and strictly construed in

favor of the government and against the applicant.

INSURANCE LAW

Contracts of Insurance are to be construed liberally in favor of the

insured and strictly against the insurer. Thus, ambiguity in the words of
an insurance contract should be interpreted in favor of its beneficiary.

LABOR AND SOCIAL LEGISLATIONS

Doubts in the interpretation of Workmen’s Compensation and Labor

Code should be resolved in favor of the worker. It should 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.
 PROCEDURAL LAWS ARE RETROSPECTIVE

Statutes regulating the procedure of the Court will be construed as

applicable to actions pending and undermined at the time of their
passage. However, Rules of Procedure should not be given retroactive
effect if it would result in great injustice and impair substantive right.

CHAPTER IX Procedural provisions of the Local Government Code are retrospective.

PROSPECTIVE AND RETROSPECTIVE STATUTES
CURATIVE STATUTES
GENERAL PRINCIPLES
They are those which undertake to cure errors and irregularities and
administrative proceedings, and which are designed to give effect to
Prospective statute – is a statute which operates upon acts and
contracts and other transactions between private parties which otherwise
transactions which have not occurred when the statute takes effect, that
would fail of producing their intended consequences by reason of some
is, which regulates the future.
statutory disability or failure to comply with some technical requirement.
They are therefore retroactive in their character.
Retrospective or retroactive law – is one which takes away or impairs
vested rights acquired under existing laws, or creates new obligations
and imposes new duties, or attaches new disabilities in respect of
transaction already past.

A sound canon of statutory construction is that statutes operate

prospectively only and never retrospectively, unless the legislative intent
to the contrary is made manifest either by the express terms of the
statute or by necessary implication.

The Civil Code of the Philippines follows the above rule thus: Laws shall
have no retroactive effect, unless the contrary is provided.

Retroactive legislation is looked upon with disfavor, as a general rule and

properly so because of its tendency to be unjust and oppressive.

PENAL STATUTES

Penal statutes as a rule are applied prospectively. Felonies and

misdemeanors are punished under the laws in force at the time of their
commission. (Art. 366, RPC).

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

favorable to the accused who is not a habitual criminal. (Art. 22, RPC).
 This is so even if the general statute is later enactment of the legislature
and broad enough to include the cases in special law unless there is
manifest intent to repeal or alter the special law.

STATUTE AND ORDINANCE

CHAPTER X If there is conflict an ordinance and a statute, the ordinance must give
way.
CONFLICTING STATUTES

It is a well-settled rule that a substantive law cannot be amended by a

EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE procedural law.
It may happen that in a statute, conflicting clauses and provisions may A general law cannot repeal a special law.
arise. If such situation may occur, the statute must be construed as a
whole. In case of conflict between a general provision of a special law and a
particular provision of a general law, the latter will prevail.

STATUTES IN PARI MATERIA When there is irreconcilable repugnancy between a proviso and the body
of a statute, the former prevails as latest expression of legislative intent.
Statutes that relate to the same subject matter, or to the same class of
persons or things, or have the same purpose or object. The enactment of a later legislation which is general law cannot be
construed to have repealed a special law.
Statutes in pari materia are to be construed together; each legislative act
is to be interpreted with reference to other acts relating to the same A statute is superior to an administrative circular, thus the later cannot
matter or subject. repeal or amend it.

However, if statutes of equal theoritical application to a particular case Where the instrument is susceptible of two interpretations, one which
cannot be reconciled, the statute of later date must prevail being a later will make it invalid and illegal and another which will make it valid and
expression of legislative will. legal, the latter interpretation should be adopted.

In case of conflict between an administrative order and the provisions of

GENERAL AND SPECIAL STATUTES the Constitutions, the latter prevails.

Sometimes we find statutes treating a subject in general terms and

another treating a part of the same subject in particularly detailed
manner.

If both statutes are irreconcilable, the general statute must give way to
the special or particular provisions as an exception to the general
provisions.
 In case of doubt, the Constitution should be considered self-executing
rather than non-self-executing, unless the contrary is clearly intended.

Non-self-executing provisions would give the legislature discretion to

determine when, or whether, they shall be effective, subordinated to the
will of the law-making body.

PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICT

INTERPRETATION
CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THE Guidelines in construction and interpretation of the constitution are
stressed:
CONSTITUTION
1. The Court in construing a Constitution should bear in mind the
object sought to be accomplished by its adoption, and the evils, if any,
A constitution is a system of fundamental law for the governance and sought to be prevented or remedied.
administration of a nation. It is supreme, imperious, absolute, and 2. One provision of the Constitution is to be separated from all the
unalterable except by the authority from which it emanates. others, to be considered alone, but that all provisions bearing upon a
particular subject are to be brought into view and to be interpreted as
Under the doctrine of constitutional supremacy, if a law or contract to effectuate the great purposes of the instrument.
violates any norm of the constitution, that law or contract whether 3. The proper interpretation of the Constitution depends more on how it
promulgated by the legislative, or by the executive branch or entered into was understood by the people adopting it than the framer’s
by private persons for private purposes is null and void and without any understanding thereof.
force or effect.

THE CONSTITUTIONAL PROVISION ON NATURAL-BORN

ALL PROVISIONS OF THE CONSTITUTION ARE SELF- CITIZENS OF THE PHILIPPINES GIVEN RETROACTIVE
EXECUTING; EXCEPTIONS EFFECT

Some constitutions are merely declarations of policies. Their provisions Under THE 1973 Constitution, those born of Filipino fathers and those
command the legislature to enact laws and carry out the purposes of the born of Filipino mothers with an alien father were placed on equal
framers who merely establish an outline of government providing for the footing. They were both considered as natural-born citizens.
different departments of the governmental machinery and securing
certain fundamental and inalienable rights of citizens. The constitutional provision is curative in nature.

Thus a constitutional provision is self-executing if the nature and extent

of the right conferred and the liability imposed are fixed by the THE CONSTITUTION MUST BE CONSTRUED IN ITS
constitution itself. ENTIRETY AS ONE, SINGLE DOCUMENT
Unless it is expressly provided that a legislative act is necessary to
enforce a constitutional mandate, the presumption now is that all
provisions of the constitution are self-executing.
LIBERAL CONSTRUCTION OF ONE TITLE OF ONE
SUBJECT

A liberal construction of the “one title-one subject” rule has been

invariably adopted by the court so as not to cripple or impede legislation.

The title expresses the general subject and all the provisions are germane
to the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE 1987

CONSTITUION IS NOT GOVERNED BY ANY FORMAL
REQUIREMENT AS TO FORM. IT CAN BE ORAL. IT CAN
CHAPTER XII
BE WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED. RECENT CASES ON STATUTORY CONSTRUCTION

SPECIAL PROVISION PREVAILS OVER A GENERAL ONE • The term “may” is indicative of a mere possibility, an
opportunity or an option.
Lex specialis derogant generali
• An implied repeal is predicated on a substantial conflict
between the new and prior laws.
SUPREMA LEX

It is time-honored that the Constitution is the Supreme Law of the land. • The abrogation or repeal of a law cannot be assumed;
It is the law of all laws. Hence, if there is conflict between a statute and the intention to revoke must be clear and manifest.
the Constitution, the statute shall yield to the Constitution.
• When the law speaks in clear and categorical language,
there is no occasion for interpretation.
STARE DECISIS

The rule of precedents. • Penal laws must be construed strictly. Such rule is
founded on the tenderness of the law for the rights of
Judicial decisions applying or interpreting the laws or the Constitution individuals and on the plain principle that the power of
shall form part of the legal system of the Philippines. punishment is vested in the Congress, not in the
Judicial department.
CONCLUSION
• Where a requirement is made explicit and unambiguous
The fundamental principle of constituitonal construction is to give effect terms, no discretion is left to the judiciary. It must see
to the intent of the framers of the organic law and of the people adopting to it that the mandate is obeyed.
it.
• Statutes that are remedial, or that do not create new or
take away vested rights, do not fall…