1

1ST EXAMINATION COVERAGE conveys some meaning or comparing two different

other. enactments of the same
STATUTORY CONSTRUCTION IN GENERAL legislative body, there is
found contradiction
Definition of Terms
where there was evidently
a) Statutory Construction – the art of seeking the no intention of such
contradiction one of
intention of the legislature in enacting a statute
another, or where it
and of applying it to a given state of facts.
happens that part of a
b) Legal Hermeneutics – branch of science which writing or declaration
establishes the principles and rules of contradicts the rest.
interpretation and construction of written laws.
c) Exegesis – application of the principles and rules
of interpretation and construction of written Purpose or Object of Construction  to ascertain, and give
laws. effect to, the intent of the law.
d) Interpretation of written law – art or process of
discovering and expounding the intended Legislative Intent
signification of the language used in the law, that - the essence of the law
is, the meaning which the authors designed it to - the key to, and the controlling factor in, its
convey to others. construction or interpretation
e) Construction of written law – art or process of - the spirit which gives life to legislative enactment
discovering and expounding the meaning and
intention of the authors of the law with respect Legislative Purpose  laws have ends to be achieved and
to its application to a given case, where that statutes should be construed so as not to defeat but to
intention is rendered doubtful either by reason carry out such ends and purpose
of apparently conflicting provisions or directions, Legislative Meaning
or by reason of the fact that the given case is not - what the law, by its language means
explicitly provided for in the law. - what it comprehends, what it covers or
Ubi lex non distinguit necnon distinguere debemus embraces, what its limits or confines are
– Where the law does not distinguish, the courts should
not distinguish. GOVERNMENT

 LEGISLATIVE (enacts)
CONSTRUCTION AND INTERPRETATION
 EXECUTIVE (implements)
Article 10 of the Civil Code:  JUDICIAL (interprets)
In case of doubt in the interpretation or
Construction is a Judicial Function
application of laws, it is presumed that the
lawmaking body intended right and justice to  it is the province and duty of the judicial
prevail. department to say what the law is.
 it refrains from doing so where the case has
become moot and academic and it will instead
INTERPRETATION CONSTRUCTION
dismiss the case
Limited to exploring the Goes beyond and may call
 a case or question is “moot and academic” when
written text. in the aid of extrinsic
considerations. its purpose has become stale or where no
The art of finding out the The drawing of practical relief can be granted or which can have
true sense of any form of conclusions respecting no practical effect
words, that is the sense subjects that lie beyond
When Court May Construe Statute
which the author the direct expressions of
intended to convey and of the text, from elements  if there is doubt or ambiguity in its language
enabling others to derive known from and given in
 “ambiguity” means a condition of admitting two
from them the same idea the text; conclusions
or more meanings, of being understood in more
which the author which are in the spirit,
intended to convey. though not within the than one way, or of referring to two or more
letter of the text. things at the same time
Only takes place if the text Resorted to when, in

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 a statute is ambiguous if it is susceptible of more out the internal affairs of the legislative body or
than one interpretation. to make temporary laws or procedures or
 The court may not construe a statute that is clear constitutional amendments
and free from doubt. 4. ORDINANCE – an act passed by a municipal
council in the exercise of its law-making
Construction of Statute where part of it is void, the valid authority
portion, if separable from the invalid, may stand and be
enforced if not made, law is unenforceable. CONSTITUTION

3 Common Parts:
RULINGS OF SUPREME COURT PART OF LEGAL SYSTEM

Legis interpretatio legis vim obtinet a) Constitution of liberty – series of proscriptions

setting forth the fundamental civil and political
 Judicial construction and interpretation of a rights of the citizens and imposing limitations on
statute acquires the force of law the powers of government as a means of
 Article 8 of the New Civil Code provides: securing the enjoyment of those rights. (Ex.
Judicial decisions applying or Article III)
interpreting the laws or the b) Constitution of the government – series of
Constitution shall form a part of the legal provisions outlining the organization of the
system of the Philippines. government, enumerating its powers, laying
 This principle assures certainty and stability in down certain rules relative to its administration
the legal system. and defining the electorate. (ex. Art VI, VII, VIII
and IX)
JUDICIAL RULINGS HAVE NO RETROACTIVE EFFECT c) Constitution of sovereignty – provisions pointing
out the mode or procedure in accordance with
Lex prospicit non respecit
which formal changes in the fundamental law
- The law looks forward, not backward.
may be brought about.
Article 4 of the New Civil Code provides:
Laws shall have no retroactive effect unless the FORMS OF CONSTITUTION:
contrary is provided.
Retroactive application of a law usually divests rights 1) According to FORM:
that have already become vested or impairs the a) Written – one whose provisions are
obligations of contract and hence, unconstitutional. embodied in one document or set of
documents
4 MAJOR SUBJECTS OF STATUTORY CONSTRUCTION b) Unwritten – one whose provisions have not
been integrated into a single, concrete form
According to HIERARCHY: but are scattered in various sources
2) According to PROCESS OF CREATION:
1. CONSTITUTION – body of rules and maxims in
a) Cumulative or evolved – result of political
accordance with which the powers of
evolution, common laws, judicial decisions,
sovereignty are habitually exercised
etc.
 the basic fundamental law of the
b) Conventional or enacted – incorporated
land over which all laws must conform
either by constitutional convention or by act
 a written instrument by which the
of a ruler
fundamental powers of the government are
3) According to MANNER OF AMENDING:
established, limited and defined, and by which
a) Rigid – one which is over and above
those powers are distributed among the several
ordinary laws and may be amended only by
departments for their safe and useful exercise for
a formal and usually difficult process
the benefit of the body politic.
b) Flexible – one that can be changed by
ordinary legislation
2. STATUTE – written will of the legislature solemnly
expressed according to the forms necessary to The Philippine Constitution is a written, conventional and
constitute a lawful order rigid constitution.

3. RESOLUTION – enactments of the legislature

either to express sentiments or opinions to carry

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RULES OF CONSTITUTIONAL CONSTRUCTION CONSTITUTION STATUTE

Primary Law Secondary Law
1. Effectuation of the intent of the framers – effect Expression of sovereignty Enactments of rules for
must be given to the intent of the framers of the in relation to the structure the government of civil
organic law and of the people adopting it. of government, extent conduct promulgated by
2. Uniformity and stability of construction – and distribution of the legislative authority of
constitutions should receive consistent and powers, the modes and the state
uniform interpretation, so that they shall not be principles of its operation
taken to mean one thing at one time and and the apparatus of
another at a different time. checks and balances
3. Rule on Flexibility – a constitution usually proper to ensure the
announces certain basic principles to serve as integrity and continued
existence
the perpetual foundation of the state; it should
Permanent in Character; Tentative; can be revoked,
be interpreted by the spirit which vivifies and not
people ratify or adopt the amended, enacted
by the letter which killeth; the courts are not
Constitution because of changing
inclined to adopt such technical end in situations
construction as will unduly impair the efficiency Lays down the general Sets in details its purpose
of the legislature to make responsibilities. principles and foundation or subject matter.
4. Rule on Liberality – constitution is not to be of the government
interpreted on narrow or technical principles, but
liberally and on broad general line, or in order
that it may accomplish the objects of its STATUTE – written will of the legislature solemnly
establishment and carry out the great principles expressed according to the forms necessary to constitute a
of government; constitution is intended to be lawful order
effective over a longer period of time and its
PARTS OF A STATUTE
method of revision or amendment is more
difficult than a legislative process. a) Number of the Act
5. Rule on Practicability – established practical - the lower the number, the older the law is
construction or a constitutional provision should ex. RA 386 (New Civil Code), Act No. 3815 (RPC)
not be disregarded unless such gives clear and b) Subject and Title
definite support. Article VI Sec. 26 (1) of the 1987 Constitution
6. Mandatory Nature of Provisions – use of “shall” provides:
or “must” like in the Bill of Rights of the 1987 Every bill passed by Congress shall
Constitution embrace only one subject which shall
7. The purpose to be given effect – a constitutional be expressed in the title thereof.
provision should be construed as to give it an
effective operation and suppress the mischief Purposes of Requirement:
which it is aimed and the spirit of the provision
(1) to prevent hodge-podge or log-rolling legislation
shall prevail
(2) to prevent surprise or fraud upon the legislature
8. Constitution to be construed as a whole – no
by means of provisions in bills of which the titles
one provision of the Constitution is to be
gave no intimation, and which might therefore
separated from all the others, to be considered
be overlooked and carelessly and unintentionally
alone, but that all the provisions bearing upon a
adopted
particular subject are to be brought into view
(3) to fairly apprise the people, through such
and to be so interpreted as to effectuate the
publication of legislative proceedings as is
great purposes of the instrument
usually made, of the subjects of legislation that
9. Every part of the Constitution should be given
are being considered in order that they may
effect – to harmonize the alleged conflicting
have opportunity of being heard thereon, by
provisions
petition or otherwise, if they shall desire.
10. The ordinary meaning of the words used in the
(4) to guide in ascertaining the legislative intent
Constitution should be given their ordinary
when the language of the act does not clearly
meaning
express its purpose.
11. Implications whatever is necessary

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objections, to the other House by which it shall

likewise be reconsidered, and if approved by two-
thirds of all the Members of that House, it shall
c) Preamble become a law. In all such cases, the votes of each
- an introductory clause at the beginning of House shall be determined by yeas or nays, and the
a statute names of the Members voting for or against shall be
- sets forth the reasons for its enactment entered in its Journal. The President shall
and the object sought to be accomplished communicate his veto of any bill to the House
d) Enacting Clause where it originated within thirty days after the
- identifies the bill as an act of legislation date of receipt thereof, otherwise, it shall
e) Body of the Statute become a law as if he had signed it.”
- principal part of the bill embodying that Reasons for 3 Readings before Passage of the Bill into Law
substance of the right or remedy provided
for a) to prevent tasting and improvident legislation
- divided into sections, articles, chapters b) to compel the careful examination of proposed
f) Date of Enactment laws or at least the affording of opportunity for
- portion which provides when the that purpose
legislature enacted or approved the bill
g) Date of Effectivity KINDS OF STATUTES
Article 2 of the Civil Code provides: a) Public Act/Statute
Laws shall take effect after fifteen days  universal rule that regards the whole
following the completion of publication community
either in the Official Gazette, or in a  usually general in its character and
newspaper of general circulation in the operation, and equally applicable in all
Philippines, unless it is otherwise parts of a statute
provided. b) Private Act/Statute
 relates to, concerns, and affects a
PROCESS IN THE ENACTMENT OF THE LAW
particular individual
Article VI, Sec. 26 (2) of the 1987 Constitution:
3 KINDS OF PUBLIC ACT
“No bill passed by either House shall become a (1) General Law/Statute
law unless it has passed three readings on  one which applies to the whole state
separate days, and printed copies thereof in its and operates throughout the state,
final form have been distributed to its Members alike upon all the people or all of a
three days before its passage, except when the class
President certifies to the necessity of its (2) Special Law/Statute
immediate enactment to meet a public calamity  one which applies to an individual,
or emergency. Upon the last reading of a bill, no association or corporation
amendment thereto shall be allowed, and the  relates to a particular person or things
vote thereon shall be taken immediately of a class
thereafter, and the yeas and nays entered in the (3) Local Law/Statute
Journal.”  one which is primarily directed only to
a specific spot
Article VI, Sec. 27 (1) of the 1987 Constitution:
 confined in its operation to the
“Every bill passed by the Congress shall, property and persons of a limited
before it becomes a law, be presented to portion of the territory of the state, a
the President. If he approves the same, he shall part of its people, or a portion of the
sign it; otherwise, he shall veto it and return the property of its citizens
same with his objections to the House where it
DIVISIONS AND KINDS OF GENERAL LAW/STATUTES
originated, which shall enter the objections at
large in its Journal and proceed to reconsider it. a) Duration
If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the
bill, it shall be sent, together with the
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i. Permanent (continues in force until i. Adopted - taken wholly or in part, from

duly altered or changed or repealed by another state, and enacted as a law of
competent authority) the state adopting it.
ii. Temporary (continues in force until the ii. Reenacted - passed by the same
time of its limitation has expired unless legislative body, in the same terms, or
sooner repealed) in substantially the same language, and
b) Date of Taking Effect for the same purpose and object, as
i. Prospective (looks forward) the former statute.
ii. Retroactive (looks backward)
Amendment of Statutes  addition or change within the
c) Nature of Operation lines of the original instrument as will effect an
i. Declaratory/Expository - passed for improvement, or better carry out the purpose for while it
the purpose of removing doubt or was framed
ambiguity as to the state of the law, or EFFECTS OF AMENDMENT
to correct a construction deemed by
the legislature to be erroneous a) Amendment produces one law, namely the
ii. Curative - cures errors and statute as it existed before the amendment
irregularities in judicial or remains in force.
administrative proceedings b) If amendment is invalid, the original statute as it
iii. Mandatory - commands and requires existed before the amendment remains in force.
that certain action shall be taken by c) If the amendment statute is invalid, it is not
those to whom the statute is validated by amendment unless obnoxious
addressed feature removable by amendment.
iv. Directory - directs the manner in which
certain action shall be taken or certain REPEAL OF STATUTES
official duties performed a) Unless prevented by a superior authority, the
v. Permissive - authorizes or permits law-making power of any government has
certain action to be taken by those to plenary power to enact or repeal laws.
whom it is addressed and concerns b) A law which partakes of the nature of contract is
vi. Perceptive - commands certain actions, irrepealable.
and regulates the forms and acts which c) Laws are repealed only by other subsequent
ought to accompany them laws.
vii. Prohibitive - forbids all actions
viii. Remedial - supplies defects and KINDS OF REPEAL
abridges superfluities in the former law a) Express Repeal – literally declared by a new law
either by enlarging or restraining it b) Implied Repeal  takes place when a new law
ix. Penal - imposes penalty for contains provisions contrary to those of a former
transgressing provisions law, without expressly repealing them
x. Repealing - abrogates an existing
statute Leges posteriores priores contrarias agrobant (Later
xi. Amendatory - changes or modifies a enactments repeal prior ones which are repugnant
statute originally enacted thereto.)

d) Form EFFECTS OF REPEAL

i. Affirmative - enacted in affirmative
a) If repeal is express, repealed law is not revived
terms
unless expressly so provided.
ii. Negative - expressed in negative terms)
b) If repeal is implied, repealed law is revived.
iii. Compiled/Revised - collection of the
statutes existing and in force in a given RESOLUTION – enactments of the legislature either to
state express sentiments or opinions to carry out the internal
iv. Code/Codified - reenactment of the affairs of the legislative body or to make temporary laws or
whole body of the positive law procedures or constitutional amendments

e) Origin or Source KINDS OF RESOLUTION

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1) Simple Resolution governmental operations in pursuance of his

 formalized motion passed by a majority duties as administrative head in the executive
of a single legislative chamber department when he issues orders to some
 uses of simple resolution: administrative agencies
i. create special committees
ii. express recognition for (3) Proclamations  acts of the president fixing a
meritorious services date or declaring a statute or condition of public
iii. extend sympathy on the moment or interest upon the existence of which
death of a member the operation of a distinct law or regulation
iv. express opinions to another (4) Memorandum Orders  acts of the president on
government body matters of administrative detail for subordinate
v. establish rules governing or temporary interest which only concern a
internal affairs particular officer or office of the government

2) Concurrent Resolution (5) Memorandum Circulars  acts of the president

- refers to a simple resolution passed by on matters relating to internal administration
both chambers of the legislature which the president desires to bring to the
- reflects the opinion of the entire attention of all the government for information
legislative body and compliance

3) Joint Resolution (6) General or Specific Orders  acts and commands

- similar to a statute of the president in his capacity as commander-in-
- has to undergo the same process as a bill chief of the Armed Forces of the Philippines
towards its enactment to both chambers

ORDINANCE – an act passed by a municipal council in the

exercise of its law-making authority

- ex. Smoking ban, Liquor ban

TESTS OF A VALID ORDINANCE

(1) It must not contravene the Constitution or any

statute
(2) It must not be unfair or oppressive
(3) It must not be partial or discriminatory
(4) It must not prohibit but may regulate trade
(5) It must be general and consistent with public
policy
(6) It must not be unreasonable

PRESIDENTIAL ISSUANCES
- what the president issues in the exercise of his
ordinary power
- include executive orders, administrative orders,
proclamations, memorative orders, memorative
circulars, general or specific orders

Definition:
(1) Executive Orders  acts of the president
providing for rules of general or permanent
character in the implementation or execution of
constitutional or statutory powers

(2) Administrative Orders  acts of the president

which relate to a particular aspect of

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 Presumed to have the same meaning

and construction given to them
b) Contemporaneous Construction
 The construction put upon the
language or meaning of constitution, at
the time of its adoption, or shortly
thereafter, by members of the
convention which framed it or by other
2ND EXAMINATION COVERAGE learned men who expressed their
opinions in that regard publicly, though
Rules of Construction not judicially.

1. Cardinal Rules Fundamental Principle: If universally adopted

2. Particular Rules and acquiesced in for a long period of time, is
3. Construction of words and phrases valuable aid in determining meaning and
intention in cases of doubt.
CARDINAL RULES OF CONSTRUCTION
c) Practical Construction
*No Facts, No interpretation  The construction put upon it by the
legislative body which is charged with
*To give effect to the intention of the people who adopted the making of the laws in accordance
it. to the constitution, or by the officers of
HOW IS INTENTION SOUGHT? the executive department whose
function is to put into execution the
1. By natural signification of the words employed constitution and the laws
 words must be understood in the sense
most obvious to the common ABOITIZ SHIPPING CORPORATION vs
THE CITY OF CEBU (1965)
understanding at the time of the
adoption of the constitution.
 technical & legal terms must be given FACTS: The City of Cebu passed an ordinance, ordinance
no. 207. It provided the collection of fees from shipping
their technical & legal meaning. e.g.
concerns whose vessel docked at the public wharfs or
Medical Law = medical meaning.
piers located in Cebu City but owned by the national
 resort to the natural signification of the government. The Charter of Cebu City sec. 17 provides
words employed. fixed charges to be paid by all watercrafts in using
2. By Considering old law, mischief & remedy public wharfs, the city imposes that they should pay.
3. By looking to the existing condition and history Shipping company refuses to pay because they already
 visualize the condition at the time why paid in the national government. Double taxation will
was the law enacted result.
4. By referring to debates or proceedings of the
legislature RULING: SC ruled that sec. 17 of the City’s charter that
 they are normally transcribed the city can build their own wharf. Naturally they can
5. By resorting to doctrine of implication collect their own fees. Legislative intent must be
 whatever is necessary to render ascertained from a consideration of the statute as a
effective any provision of a whole and not of an isolated part or a particular
provision alone. This is a cardinal rule of statutory
constitution, whether the same is a
construction. For taken in the abstract, a word or phrase
prohibition, or a restriction, or the
might easily convey a meaning quite different from the
grant of a power, must be deemed one actually intended and evident when the word or
implied and intended in the provision phrase is considered with those with which it is
itself associated. Thus, an apparently general provision may
6. By the resort to other considerations have a limited application if viewed together with other
Ex. Civil Code borrowed from the Spanish Code provisions.

a) Borrowed provisions

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underlying the same. When the petitioner stated that

he believes in the Philippine laws, he did not necessarily
refer to the principles embodied in the Constitution. It
is shown that the petitioner failed to register his wife
and children in the Bureau of Immigration and also
failed to file his income tax return which indicates that
he has not conducted himself in proper an
irreproachable manner in his relation with the
government. The TC erred in granting the petition
considering the fact that “naturalization laws should
rigidly be enforced and strictly construed in favor of the
government and against the applicant.

FACTORS FOR A STATUTE TO BE LIBERALLY OR STRICTLY STRICT CONSTRUCTION LIBERAL CONSTRUCTION

CONSTRUED An interpretation which Such equitable
refuses to expand the law construction as will
1) Former law of the matter
by implication & equitable enlarge the letter of a
2) The persons or rights with which it deals consideration but confines statute to (1) accomplish
3) The letter or language of the law to cases which are within its intended purpose, (2)
4) The purposes and objects of the statute the statute as within its carry out its intent or (3)
spirit or reason to resolve promote justice
PEOPLE vs PURISIMA all reasonable doubts
(86 SCRA 542) against the applicability of The words “may”, “or” are
all statutes to the commonly found beyond
FACTS: Purisima’s work is extracting juice from the particular case. the literal meaning of the
coconut tree (tuba). PD 9 which mandates the illegal statute
possession of deadly weapons. Upon going to the The word “shall” is
coconut field, peace officers arrested him in pursuant to commonly found.
PD 9.

RULING: SC ruled in order for a person to be convicted

must be related to subversion, insurrection, rebellion,
organized lawlessness. Therefore, Purisima cannot be
VELASCO vs REPUBLIC
convicted.
(108 PHIL 234)

LAWS THAT CAN BE STRICTLY CONSTRUED FACTS: The TC found that the character witness is the
prospective mother-in-law of the petitioner and as such
1) Naturalization Laws her testimony is biased. It also found that the same
 strictly construed against the applicant and character witness and Mariano Santiago appeared in
rigidly followed and enforced the naturalization of the petitioner’s brother, which
 statutory than a natural right shows that the petitioner has limited Filipino friends.
Considering the high cost of living, his salary of
CO vs REPUBLIC P150/month is not sufficient to meet the requirements
(108 PHIL. 265) of the law. Petition is denied.

FACTS: This is an appeal from the decision of the CFI of RULING: Evidence shows that the petitioner was
Abra. The government contends that the petitioner employed barely 1 month before he filed his petition
failed to comply with some requirements for and 1/5 of the store where he was employed was
naturalization. The petitioner’s answer that he believes owned by his mother. This can lead one to believe that
in the laws of the Philippines is not sufficient to meet he planned this out only as a token compliance of the
the requirement that one must believe in the principles law. Considering that “naturalization laws should be
underlying the Constitution. rigidly enforced strictly construed in favor of the
government and against the applicant,” the trial court
RULING: The word “law” ordinarily does not include the did not err in denying the petition.
Constitution, nor does it embrace the principles

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LEE CHO vs REPUBLIC  Statutes granting advantages to private

(L-12048 December 1959) persons or entities have in many instances
created special privileges or monopolies for
FACTS: This is an appeal from the decision of the CFI of the grantees and have thus been viewed
Cebu granting appellee’s petition for naturalization. The with suspicion and strictly construed
petitioner did not file any declaration of intention to  Privilegia recipient largam
become a Filipino citizen, claiming that he has given interpretationem voluntati consonam
primary and secondary education to his children in a concedentis
private school recognized by the government. It appears o privileges are to be interpreted in
however, that Angelita and Lourdes reached only 5th
accordance with the will of him
grade and 3rd year high school, respectively.
who grants them  and he who
fails to strictly comply with the
RULING: SC denied the petition. Angelita reached only
will of the grantor loses such
grade 5 and no explanation was advanced why
secondary education was not afforded to her except privileges
marriage. The petitioner alleged the poor health of
Lourdes which caused her to stop. Evidence, however, 5) Tax Exemptions
shows that she enrolled in a Chinese school where  Law frowns against exemption from taxation
Philippine civic, history and government are not taught. because taxes are the lifeblood of the nation
These circumstances betray the sincerity of the  Laws granting tax exemptions are thus
petitioner to become a Filipino citizen. Considering the construed strictissimi juris against the
strict construction of the naturalization law, the taxpayer and liberally in favor of the taxing
petitioner failed to qualify to become a Filipino citizen. authority
 Burden of proof – on the taxpayer claiming
2) Statutes Prescribing the Formalities of Will to be exempted
 Strictly construed, which means, wills must  Basis for strict construction – to minimize
be executed in accordance with the the different treatment and foster
statutory requirements, otherwise, it is impartiality, fairness, and equality of
entirely void treatment among taxpayers
 The court is seeking to ascertain and apply  Tax exemptions are not favored in law, nor
the intent of the legislators and not that of are they presumed.
the testator, and the latter’s intention is
frequently defeated by the non-observance 6) Statutes in Derogation of Common Rights
of what the statute requires  Rights are not absolute, and the state, in the
exercise of police power, may enact
3) Statutes conferring to the right of eminent legislations curtailing or restricting their
domain enjoyment
 Power of eminent domain is essentially  As these statutes are in derogation of
legislative in nature common or general rights, they are
 May be delegated to the President, LGUs, or generally strictly construed and rigidly
public utility company confined to cases clearly within their scope
 Expropriation plus just compensation and purpose
 Examples:
 A derogation of private rights, thus
o Statutes authorizing the
strict construction is applied expropriation of private land or
 Statutes expropriating or property
authorizing the expropriation of o Allowing the taking of deposition
property are strictly construed o Fixing the ceiling of the price of
commodities
against the expropriating authority
o Limiting the exercise of
and liberally in favor of property proprietary rights by individual
owners citizens
o Suspending the period of
4) Legislative Grants prescription of actions

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 When 2 reasonably possible constructions, (2) The object is to establish a certain rule by
one which would diminish or restrict conformity to which mankind would be safe, and
fundamental right of the people and the the discretion of the court limited
other if which would not do so, the latter (3) Purpose: NOT to enable a guilty person to
construction must be adopted so as to allow escape punishment through technicality but to
full enjoyment of such fundamental right provide a precise definition of forbidden acts

7) Statutes of Sovereignty LIMITATION OF RULE

 Restrictive statutes which impose burdens (1) Where a penal statute is capable of 2
on the public treasury or which diminish interpretations, one which will operate to
rights and interests are strictly construed. exempt an accused from liability for violation
 Unless so specified, the government does thereof and another which will give effect to the
not fall within the terms of any legislation manifest intent of the statute and promote its
object, the latter interpretation should be
8) Private Acts adopted
 Strictly construed for corporations or (2) Strict construction of penal laws applies only
particular persons where the law is ambiguous and there is doubt
 Example: granting of franchise as to its meaning

9) Penal Statutes
 Penal statutes are those that define crimes,
treat of their nature and provide for their
punishment
o Acts of legislature which prohibit
certain acts and establish
penalties for their violation
 Penal statutes are strictly construed against
the State and liberally construed in favor of
the accused
o Penal statutes cannot be enlarged
or extended by intendment,
implication, or any equitable
consideration
o No person should be brought
within its terms if he is not clearly
made so by the statute
o No act should pronounce criminal
which is not clearly made so
 Strict construction but not as to nullify or
destroy the obvious purpose of the
legislature
o If penal statute is vague, it must
be construed with such strictness
as to carefully SAFEGUARD the
RIGHTS of the defendant and at
the same time preserve the
obvious intention of the
legislature

REASON WHY PENAL STATUTES ARE STRICTLY

CONSTRUED

(1) The law is tender in favor of the rights of the

individual

STATUTORY CONSTRUCTION

FROM THE LECTURES OF ATTY. ALBERTO APORTADERA (2023) CHALISA ⭐