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Construction
The art or process of discovering and expounding the meaning and intention of the authors of
law, where that intention is rendered doubtful by reason of the ambiguity in its language or the
fact that the given case is not explicitly provided for in the law.
Purpose: to ascertain and give effect to the intent of the law, to determine legislative intent.
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.
The duty and power to interpret or construe a statute or the Constitution belongs to the
judiciary.
The SC construes the applicable law in controversies which are ripe for judicial resolution.
The court does not interpret law in a vacuum.
The legislature has no power to overrule the interpretation or construction of a statute or the
Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter
by the fundamental law.
The SC may, in an appropriate case, change or overrule its previous construction.
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.
A statute is ambiguous when it is capable of being understood by reasonably well-informed
persons in either of two senses.
Where the law is free from ambiguity, the court may not introduce exceptions or conditions
where none is provided.
A meaning that does not appear nor is intended or reflected in the very language of the statute
cannot be placed therein be construction.
Where the two statutes that apply to a particular case, that which was specifically designed for
the said case must prevail over the other.
When the SC has laid down a principle of law as applicable to a certain state of facts, it will
adhere to that principle and apply it to all future cases where the facts are substantially the
same.
Judicial rulings have no retroactive effect.
The court may issue guidelines in applying the statute, not to enlarge or restrict it but to clearly
delineate what the law requires. This is not judicial legislation but an act to define what the law
is.
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.
1. 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.
1. 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.
1. Punctuation marks
Punctuation marks are aids of low degree; they are not parts of the statute nor the English
language.
Where there is, however, an ambiguity in a statute which may be partially or wholly solved by
a punctuation mark, it may be considered in the construction of a statute.
1. Capitalization of letters
An aid of low degree in the construction of statutes.
1. Headnotes or epigraphs
These are convenient index to the contents of the provisions of a statute; they may be consulted
in case of doubt in interpretation.
They are not entitled to much weight.
1. Lingual text
Unless otherwise provided, where a statute is officially promulgated in English and Spanish,
the English text shall govern, but in case of ambiguity, omission or mistake, the Spanish may
be consulted to explain the English text.
The language in which a statute is written prevails over its translation.
1. Policy of law
A statute of doubtful meaning must be given a construction that will promote public policy.
1. 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.
1. 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.
1. 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.
1. Amendment by deletion
The amendment statute should be given a construction different from that previous to its
amendment.
1. Adopted statutes
Where local statutes are patterned after or copied from those of another country, the decisions
of courts in such country construing those laws are entitled to great weight in the interpretation
of such local statutes.
CONTEMPORARY CONSTRUCTION
The constructions placed upon statutes at the time of, or after, their enactment by the executive,
legislature or judicial authorities, as well as those who, because of their involvement in the
process of legislation, are knowledgeable of the intent and purpose of the law, such as
draftsmen and bill sponsors.
The contemporary construction is the strongest in law.
1. Construction by the Sec. of Justice as his capacity as the chief legal adviser of the government
In the form of opinions issued upon request of administrative or executive officials who enforce
the law.
President or Executive Secretary has the power to modify or alter or reverse the construction
given by a department secretary.
The contemporaneous construction is very probably the true expression of the legislative
purpose, especially if the construction is followed for a considerable period of time. It is
thus entitled to great weight and respect by the courts in the interpretation of the
ambiguous provisions of law, and unless it is shown to be clearly erroneous, it will control
the interpretation of statutes by the courts.
The best interpreter of law is usage.
Interpretation by those charged with their enforcement is entitled to great weight by the courts.
Contemporaneous construction is entitled to great weight because it comes from a particular
branch of government called upon to implement the laws thus construed.
Respect is due the government agency or officials charged with the implementation of the law
for their competence, expertness, experience and informed judgment, and the fact that they are
frequently the drafters of the law they interpret.
Legislative interpretation
Legislative interpretation of a statute is not controlling, but the courts may resort to it to clarify
ambiguity in the language thereof.
Legislative approval
The legislature is presumed to have full knowledge of a contemporaneous or practical
construction of a statute. Legislative ratification is equivalent to a mandate.
Reenactment
The most common act of legislative approval; the reenactment of a statute, previously given a
contemporaneous construction, is a persuasive indication of the adaptation by the legislature
of the prior construction.
Stare Decisis
The decision of the SC applying or interpreting a statute is controlling with respect to the
interpretation of that statute and is of greater weight than that of an executive or administrative
officer in the construction of other statutes of similar import.
Past decisions of the court must be followed in the adjudication of cases: Stare decisis et non
quieta movere, one should follow past precedents and should not disturb what has been settled.
Where the court resolved a question merely sub silencio, its decision does not come within the
maxim of stare decisis
Nor does an opinion expressed by the way, not up to the point in the issue, fall within the
maxim; it is merely anobiter dictum
o 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.
o 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.
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.