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Staututory Construction Ruben Agpalo Summary
Staututory Construction Ruben Agpalo Summary
The best source from which to ascertain 12. Consequences of various constructions
the legislative intent is the statute itself – Construction of a statute should be rejected
the words, the phrases, the sentences, if it will cause injustice, result in absurdity
sections, clauses, provisions – taken as a or defeat the legislative intent.
whole and in relation to one another.
13. Presumptions
4. Punctuation marks Based on logic, common sense; eg.
Punctuation marks are aids of low degree; Presumption of constitutionality,
they are not parts of the statute nor the completeness, prospective application,
English language. right and justice, etc.
Where there is, however, an ambiguity in a
statute which may be partially or wholly LEGISLATIVE HISTORY
solved by a punctuation mark, it may be Where a statute is susceptible of several interpretations,
considered in the construction of a statute. there is no better means of ascertaining the will and
intention of the legislature than that which is afforded by
5. Capitalization of letters the history of the statute. The history of a statute refers
An aid of low degree in the construction of to all its antecedents from its inception until its
statutes. enactment into law.
10. Purpose of law or mischief to be suppressed 5. Prior laws from which the statute is based
The purpose or object of the law or the Legislative history will clarify the intent of
mischief intended to be suppressed are the law or shed light on the meaning and
important factors to be considered in its scope of the codified or revised statute.
construction.
6. Change in phraseology by amendments
11. Dictionaries Courts may investigate the history of the
While definitions given by lexicographers provisions to ascertain legislative intent as
are not binding, courts have adopted, in to the meaning and scope of the amended
proper cases, such definitions to support law.
their conclusion as to the meaning of the
particular words used in a statute. 7. Amendment by deletion
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 3 of 9
The most common act of legislative approval; The intention of the legislature and its purpose
the reenactment of a statute, previously given a or object controls the interpretation of particular
contemporaneous construction, is a persuasive language of a statute.
indication of the adaptation by the legislature of Words ought to be more subservient to the
the prior construction. intent and not the intent to the words.
scales which the court believes will best What is implied should not be against the law
promote the public welfare in its probable The statutory grant of power does not include such
operation. incidental power which cannot be exercised without
violating the Constitution, the statute granting power, or
Surplusage and superfluity disregarded other laws of the same subject.
The statute should be construed in accordance
with the evident intent of the legislature without Authority to charge against public funds may not be
regard to the rejected word, phrase or clause. implied
Unless a statute expressly so authorizes, no claim
Redundant words may be rejected against public finds may be allowed.
While the general rule is that every effort should
be made to give some meaning to every part of Illegality of act implied from prohibition
the statute, there is no obligation to give every Where a statute prohibits the doing of an act, the act
redundant word or phrase a special done in violation thereof is by implication null and void.
significance, contrary to the manifest intention No man can be allowed to found a claim upon his own
of the legislature. wrongdoing or inequity. No man should be allowed to
take advantage of his own wrong. In Pari Delicto
Obscure or missing words or false description may
not preclude construction Exceptions to In Pari Delicto
Neither does false description neither preclude 1. It will not apply when its enforcement or
construction nor vitiate the meaning of a statute application will violate an avowed fundamental
which is otherwise unclear. policy or public interest
2. When the transaction is not illegal per se but
Exemption from rigid application of the law merely prohibited, and the prohibition by law is
Every rule is not without an exception. Where designed for the protection of one party
rigorous application may lead to injustice, the
general rule should yield to occasional What cannot be done directly cannot be done
exceptions. indirectly
What the law prohibits cannot, in some other way, be
Law does not require the impossible legally accomplished.
The law obliges no one to perform an
impossible thing. There should be no penalty for compliance with law
A person who complies with a statute cannot, by
Number and gender implication, be penalized by it.
1. When the context of the statute indicates,
words in plural include the singular, vice versa. INTERPRETATION OF WORDS
2. The masculine but not the feminine includes all Which meaning should be given to a word or phrase in a
genders, unless the context indicates statute depends upon what the legislature intended.
otherwise.
Statutory definition
IMPLICATIONS The legislative definition controls the meaning
No statute can be enacted that can provide all the of the statutory word, irrespective of any other
details involved in its application. What is implied in a meaning the word or phrase may have in its
statute is as much a part thereof as that which is ordinary or usual sense.
expressed. When the term pr phrase is specifically defined
in a particular law, the definition must be
Grant of jurisdiction adopted in applying and enforecing such law.
The jurisdiction to hear and decide cases is conferred While definitions in a statute must be given all
only by the Constitution or by statute. The grant of the weight due them, the terms must be given
jurisdiction to try actions carries with it all necessary and effect in their entiretyas a harmonious,
incidental powers to employ all writs, processes and coordinated whole.
other means essential to make its jurisdiction effective. Statutory definitions are controlling in so far as
the said act is concerned.
Grant of power includes incidental power A statutory definition does not apply where its
Where a general power is conferred or duty enjoined, application creates incongruities.
every particular power necessary for the exercise of one
of the performance of the other is also conferred. Words construed in their ordinary sense
In the absence of legislative intent to the contrary, they
Grant of power excludes greater power should be given their plain, ordinary and common usage
The foregoing principle implies the exclusion of those meanings.
which are greater than conferred.
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 6 of 9
RETROACTIVE STATUTES
Creates a new obligation, imposes a new duty or
attaches a new disability in respect to a transaction
already past.
1. Procedural laws
2. Curative statutes
3. Police power legislations
4. Statutes relating to prescription
5. Statutes relating to appeals
AMENDMENT
Change or modification by addition or deletion, or
alteration of a statute which survives in its amended
form.
REVISION
Purpose is to restate existing laws into one statutes,
simplify complicated provisions, and make the laws on
the subject easily found.
REPEAL
A statute repealed is rendered revoked completely