Statutory Construction Finals Dura lex sed lex (the law may be harsh,

but that is the law)

Chapter 15
 When the court is clear, there is
no other recourse but to apply it
Three Maxims Employed as Aids to regardless of its perceived
Construe Constitutional Provisions harshness.
 The law is the law, and if there is
 Verba legis (plain meaning rule) a need to change, amend or
– whenever possible, the words repeal it, that may be done
used in the Constitution must be through legislative process, not
given their ordinary meaning by judicial decree.
except where technical terms are
employed.
 Ratio legis est anima (the reason Absoluta sentential expositore non
of the law is its soul) – where indigent (when language of law is clear,
there is ambiguity, the words of no explanation is required)
the Constitution should be
 When the law is clear, what the
interpreted in accordance with
courts should do is to apply it,
the intent of the framers
not interpret it. Construction and
 Ut magis valeat quam pereat
interpretation come only after it
(that construction is to be sought
has been demonstrated that
which gives effect to the whole of
application is impossible or
the statute – its every word) – the
inadequate with them. It is not
Constitution is interpreted as a
within the power of a court to set
whole
aside the clear and explicit
mandate of a statutory provision.

Latin Maxims: Their Meaning and Ejusdem generis (of the same kind of
Importance specie)

 Where a general word or phrase

follows an enumeration of
Verba Legis (Plain Meaning Rule) particular and specific words of
the same class, the general word
 Also called the Cardinal Canon
or phrase is to be construed to
 If statute is clear, plain and free
include, or to be restricted to,
form ambiguity, it must be given
persons, things, or cases akin to,
its literal meaning and applied
resenting, or of the same kind or
without attempted interpretation.
class as those specifically
 The legislature is presumed to
mentioned.
know the meaning of the words,
 Where general words follow an
to have used words advisedly,
enumeration of persons or things,
and to have expressed its intent
by words of a particular
by the use of such words as are
meaning, such general words are
found in the statute.
not to be construed in their
widest extent, but are to be held
as applying only to persons or
 things of the same kind of class  Does not apply in case a statute
specifically mentioned. appears on its face to limit the
operation of its provision to
Ejusdem generis to be applicable
particular persons or things by
requires the following requisites to
enumerating them, but no reason
concur:
exists why other persons or
1. A statute contains an things not so enumerated should
enumeration of particular and not have been included and
specific words, followed by a manifest injustice will follow by
general word or phrase; not including them.
2. The particular and specific words  Does not apply when it defeats
constitute a class or are of the the plainly indicated purpose of
same kind; the legislature;
3. The enumeration of the particular  Does not apply if it leads to
and specific words is not inconvenience, hardship and
exhaustive or is not merely by injury to public service
examples;  Does not apply if it will result
4. There is no indication of incongruities or a violation of the
legislative intent to give the equal protection clause of the
general words or phrases constitution
broaden meaning

Ex necessitate legis (by necessary

Expressio unius est exclusion implication of law)
alterius (the express mention of one
person, thing or consequence implies  Also known as Doctrine of
the exclusion of all other) Necessary Implication
 Every statute is understood, by
 Express mention is implied implication, to contain all such
exclusion provisions as may be necessary to
 Also known as the Doctrine effectuate its object and purpose,
of Negative Implication or to make effective rights,
 Also known as negative- powers, privileges or jurisdiction
opposite doctrine what is which it grants, including all
expressed puts an end to that such collateral and subsidiary
which is implied. consequences as may be fairly
and logically inferred from its
terms.
Limitations of Expressio unius est
exclusion alterius Favores ampliandi sunt; odia
restrigenda (Penal laws which are
 Does not apply if the favorable to the accused are given
enumeration was not intended to retroactive effect)
be exclusive;
 Does not apply if the  Art. 22. Retroactive effect of penal
enumeration is by way of laws. – Penal Laws shall have a
example or to remove double retroactive effect insofar as they
only; favor the persons guilty of a
felony, who is not a habitual
 criminal, as this term is defined Lex proscipit non respicit (the law
in Rule 5 of Article 62 of this looks forward, not backward)
Code, although at the time of the
publication of such laws a final  Statutes are to be construed as
sentence has been pronounced having only prospective
and the convict is serving the application, unless the
same. intendment of the legislature to
give them a retroactive effect is
expressly declared or is
necessarily implied from the
Generalia specialibus non derogant (a
language used. Presumption is
general law does not nullify a specific or
prospectively.
special law)
 Art. 4. Civil Code: “Laws shall
 General rule: The special must have no retroactive effect, unless
prevail since it evinces the the contrary is provided.”
legislative intent more clearly
Ratio Legis (interpretation according to
than that of a general statute and
spirit)
must be taken as intended to
constitute an exception to the  It is not the letter of the law that
general act. killeth, but it is the spirit of the
 Exceptions: law that giveth life.
1. Where the legislature  Article 10, CC “ in case of
clearly intended the later doubt in the interpretation of
general enactment to cover application of the laws, it is
the whole subject and to presumed that the lawmaking
repeal all prior body intended right and
inconsistent laws justice to prevail
2. Where the special law
merely establishes a
general rule while the Stare decisis et non quieta movera
general law creates a (follow past precedents and do not
specific and special rule. disturb what has been settled)

 The reason is that the

interpretation of a statute by the
Leges posteriors priores contrarias Supreme Court forms part of the
abrogant (a later law repeals a prior law statute itself
on the same subject which is repugnant  Judicial decisions applying or
thereto) interpreting the laws or the
Constitution shall form part of
 As between two laws on the same
the legal system of the
subject matter which are
Philippines (Art. 8, Civil Code).
irreconcilably inconsistent, that
 As part of the legal system, and
which is passed later prevails,
until reversed by the Supreme
since it is the latest expression of
Court itself, rulings of the SC are
legislative will.
binding upon the inferior courts.
 The rule rests on the desirability
of having stability in the law.
Ubi lex non distinguit, nec nos
distinguere debemus (where the law
does not distinguish, we should not
distinguish)

 There should be distinction in the

application of the law where
none is indicated.
 Congress, in making no
qualification in the use of general
word of expression, must have
intended no distinction at all.
 Courts could only distinguish
where there are facts or
circumstances showing that the
lawgiver intended a distinction
or qualification. In such a case,
the courts would merely give
effect to this lawgiver’s intent.