August 30, 2018 notes
expressed by a comma; and what follows a semi
Aids in Construction and interpretation
Tools that will help you in construction and
interpretation
1. ) Intrinsic – internal such as title ,
preamble , punctuation.
TITLE – may indicate legislative intent. On of
the constitutional test is that the title must have
one subject. Indispensable part of the statute
illustrative case: Santiago v. COMELEC
Issue: Whether or not RA 6735 entitled an “Act
Providing for a System of Initiative and
Referendum and Appropriating Funds
Therefor” was intended to include or cover
initiative on amendment to the Constitution
Held: No. While the Act provides subtitles for
National Initiative and Referendum and for
Local Initiative Referendum, subtitle of the
statute may be used as intrinsic aid in
determining legislative intent
PREAMBLE: Resort only for presidential
decrees
it sets out the intention of the legislature
case: Eugenio v. Executive Secretary
Issue: WON the failure to develop a subdivision
constitute legal justification for the nonpayment
of amortizations by a buyer on installment
under land purchase agreements
entered into prior to the enactment of PD957
“The Subdivision and condominium Buyers'
Protective Decree”
Held: The intent of the law as culled from its
preamble and from the situation, circumstances
and conditions it sought to remedy must bre
enforced.
CONTEXT (BODY OF THE STATUTE)- the
best source from which to ascertain the
legislative intent is the statute itself – the words,
phrases, sentences, sections, clauses, provisions
taken as a whole and in relation to one another.
Legislative intent should accordingly be
ascertained from a consideration of the whole
context of the statute and not from an isolated
part or particular provision.
PUNCTUATION MARKS -
Semi colon – used to indicate a separation in the
relation of the thought, a degree greather that
colon must have a relation must have a relation
to the same matter which precedes it
example: ART 13 CC
CAPITALIZATIOM OF LETTERS – an aid of
low degree in the construction of statute.
HEADNOTES OR EPIGRAPHS – are
convenient index to the contents of its provision.
In case of doubt or ambiguity in the meaning of
the law or the intention of the legislature they
may be consulted in aid of interpretation
LINGUAL TEXT: rule: the language in which it
is written prevails over its transaction.
The spanish may be consulted to explain the
english text.
INTENT OR SPIRIT OF LAW – legislative
intent or spirit is the controlling factor, the
lading star and guiding light in the application
and interpretation of a statute. If a statute needs
construction, the influence most ominant in that
process is the intent or spirit of the law
for what is within the spirit is within the statute
although it is not within the letter thereof.
2. )Extrinsic – externalsources outside from
the four corners of the statute.
DICTIONARY – where a statute does not define
the words or phrases used therein, nor does its
purpose or the constext in which the words or
phrases are employed indicate their meaning
VARIOUS CONSTRUCTION = in construing a
statute, the objective should always be to arrive
at a reasonable and sensible interpretation that
is in full accord with the legislative intent/ -
reject the opposite
PRESUMPTION – in construing a statute, the
court may properly rely on presuptions as to
legislative intent in order to resolve doubts as to
its correct interpretation
LEGISLATIVE HISTORY
-presidents message
-explanatory note
-committee reports
-sponsorship speech
debated and deliberations concerning the bill
amendments and changes in phraseology
CASE: commissioner of customs v. ESSO
issue: WON the eexemption enjoyed by private
respondent should embrace or include thee
special import tax imposed by RA1394 or the
special tax
HELD: 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
those extrinsic matters that may aid in
construing the meaning of the statute, such as
the history of its enactment, the reasons for the
passage of the bill and purposes to be
accomplished by the measure.
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