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Legislative Intent
The essence of the law. The intent of the legislature is the law, and the key
to, and the controlling factor in, its construction and interpretation.
The primary source of legislative intent is the statute itself.
Where the words or phrases of a statute are not obscure or ambiguous, its
meaning and the intention of the legislature must be determined from the
language employed.
Legislative Purpose
The reason why a particular statute was enacted by the legislature.
Legislative Meaning
What the law, by its language, means: what it comprehends, what it covers
or embraces, what it limits or confines.
A condition sine qua non before the court may construe or interpret a
statute, is that there be doubt or ambiguity in its language. The province of
construction lies wholly within the domain of ambiguity. Where there is no
ambiguity in the words of a statute, there is no room for construction.
AIDS TO CONSTRUCTION
To ascertain the true intent of the statute, the court may avail of intrinsic
aids, or those found in the printed page of the statute, and extrinsic aids,
those extraneous facts and circumstances outside the printed page.
Title
The title may indicate the legislative extent or restrict the scope of the law,
and a statute couched in a language of doubtful import will be construed to
conform to the legislative intent as disclosed in its title.
When the text of the statute is clear and free form doubt, it is improper to
resort to its title to make it obscure.
Preamble
That part of the statute written immediately after its title, which states the
purpose, reason or justification for the enactment of a law. It is usually
expressed in the form of whereas clauses.
It is not an essential part of the statute. But it may, when the statute is
ambiguous, be resorted to clarify the ambiguity, as a key to open the minds
of the lawmakers as to the purpose of the statute.
Dictionaries
While definitions given by lexicographers are not binding, courts have
adopted, in proper cases, such definitions to support their conclusion as to
the meaning of the particular words used in a statute.
Consequences of various constructions
Construction of a statute should be rejected if it will cause injustice, result in
absurdity or defeat the legislative intent.
Presumptions
Based on logic, common sense; eg. Presumption of constitutionality,
completeness, prospective application, right and justice, etc.
LEGISLATIVE HISTORY
Where a statute is susceptible of several interpretations, there is no better
means of ascertaining the will and intention of the legislature than that
which is afforded by the history of the statute. The history of a statute refers
to all its antecedents from its inception until its enactment into law.
Presidents message to the legislature
This usually contains proposed legislative measures and indicates the
Presidents thinking on the proposed legislation which, when enacted into
law, follows his line of thinking into the matter.
Explanatory note
A short exposition of explanation accompanying a proposed legislation by its
author or proponent. It contains statements of the reason or purpose of the
bill, as well as arguments advanced by its author in urging its passage.
Legislative debates, views and deliberations
Where there is doubt as to what a provision of a statute means, that
meaning which was put to the provision during the legislative deliberation or
discussion on the bill may be adopted.
Reports of commissions
In construing the provisions of the code as thus enacted, courts may properly
refer to the reports of the commission that drafted the code in aid of
clarifying ambiguities therein.
Nor does an opinion expressed by the way, not up to the point in the issue,
fall within the maxim; it is merely an obiter dictum
An obiter dictum is an opinion expressed by a court upon some question of
law which is not necessary to the decision of the case before it. It is a
remark, by the way; it is not binding as a precedent.
The rule of stare decisis is not absolute. If found contrary to law, it must be
abandoned.
LITERAL INTERPRETATION
If a statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation. Verba legis non est
recedendum, from the words of a statute there should be no departure.
Dura lex sed lex
The law is harsh, but it is still the law. It must be applied regardless of who
may be affected, even if it may be harsh or onerous.
When the language of the law is clear, no explanation of it is required.
DEPARTURE FROM LITERAL INTERPRETATION
Statutes must be capable of construction or interpretation. If no judicial
certainty can be had as to its meaning, the court is not at liberty to supply
nor to make one.
What is within the spirit is within the law
When what the legislature had in mind is not accurately reflected in the
language of the statute, resort is had to the principle that the spirit of the law
controls its letter. Ratio legis, interpretation according to the spirit of the law.
Literal import must yield to intent
The intention of the legislature and its purpose or object controls the
interpretation of particular language of a statute.
Words ought to be more subservient to the intent and not the intent to the
words.
Statutes should be construed in the light of the object to be achieved and the
evil or mischief to be suppressed, and they should be given construction as
will advance the object, suppress the mischief, and secure the benefits
intended.
When reason of law ceases, law itself ceases
Reason for the law is the heart of the law. When the reason of the law
ceases, the law itself ceases. The reason of the law is its soul.
IMPLICATIONS
No statute can be enacted that can provide all the details involved in its
application. What is implied in a statute is as much a part thereof as that
which is expressed.
Grant of jurisdiction
The jurisdiction to hear and decide cases is conferred only by the
Constitution or by statute. The grant of jurisdiction to try actions carries with
it all necessary and incidental powers to employ all writs, processes and
other means essential to make its jurisdiction effective.