CHAPTER VI.

b) Use of canons or rules of

construction, as well as resort to
EXTRINSIC AIDS OF CONSTRUCTION
legislative policies or
approaches in the interpretation
of certain types of statutes
In General c) Use of extrinsic aids, or material
o Extrinsic aids of construction refers to which are found outsidew the
tools of interpretation outside the words four corners of the statute.
used in the statutes.

Extrinsic Aids CHAPTER VII

1. Legislative Deliberations – refers to the CONSTRUCTION OF CONFLICTING PROVISIONS
debates of the members of the
Congress, whether in a committee, in a
plenary session or during a bicameral
Pari Materia
conference.
2. Legislative History – refers to the When they relate to the same person or thing or
historical background of the passage of to the same class of persons or things, or object,
the law, as shown by legislative or cover the same specific or particular subject
document leading to the passage of a matter.
law.
o General rule – they should be read and
3. Contemporaneous Circumstances –
construed together as to form a co,plete,
refers to the factual environment
coherent, and intelligible system.
existing at the time of the passage of a
o Should be read and construed together
law.
because enactments of the same
4. Legislative Practice; Reference to Other
legislature on the same subject are
Statutes
supposed to form part of one uniform
5. Statutes Borrowed from Foreign
system.
Jurisdiction
o Should be construed together to attain
the purpose of an expressed national
It is a general rule of statutory
policy.
construction that courts may take
o Two laws should be construed as to
judicial notice of the origin and history of
harmonized with each other
the statutes which they are called upon
o Interpretare et concordare legibus est
to construe and administer, and of the
optimus interpretandi – which means
facts which affect their deprivation,
every statute must be so construed and
validity and operation.
harmonized with other statutes as to
form a uniform system of jurisprudence
6. Preference – There are three major
approaches in the construction of
Following this maxim, one must first
statutes:
exhaust efforts to harmonize conflicting
a) Determination of meaning
statutes to see if they can be reconciled.
exclusively from the words used
in the statute
 o When statutes are in Pari material, the
rule of statutory construction dictates
that they should be construed together.
Rules on Resolving Statutes in Pari Materia
1. Special Law versus General Law
General law – defined as a law that is
unrestricted is a applicable throughout
the entire country subject to the power
of the legislature that enacted it, and
applies to all persons in the same class
Special Law – defined as a law that
applies to a particular place or especially
to a particular member or members of a
class of persons or things in the same
situation but not to the entire class.
General Rule –
Special law prevails over the general law,
as being an expression of legislative
intent on the more specific matter.
The rule that a special law prevails over
a general law applies regardless of
whether the general law or the special
law was enacted at a later date, and a
general law cannot be considered as
having impliedly repealed a special law
unless the intent to repeal or alter is
manifest.
Maxim: Generalia specialibus non
derogant which means that the
provisions of a general statute must
yield to provisions of a special statute.
In order that a general can be considered as
repealing or amending a special law, the
repeal “must be express and specific”
1. Substantive Law versus Procedural Law
Sustantive – is a law which creates,
defines or regulates concerning life,
liberty or property, or the power of
agencies or instrumentalities for the
administration of public affairs.
Procedural law – are provisions
prescribing the method by which
substantive rights may be enforced in
courts of justice.
The basic rule of statutory construction
is that a substantive law cannot be
amended by a procedural rule.
As a rule of construction, a procedural
cannot be construed as amending a
substantive law.
2. Earlier Law versus Later Law;
Amendment and Repeal
CHAPTER VIII
PROSPECTIVITY AND RETROACTIVITY
In General –
Prospective Statutes are statutes that affect
conduct only from the time of its effectivity to
the future, and it is not intended to affect past or
existing situations.
Retroactive Statutes are statutes that affect the
past or existing situations.
It is also called as a retrospective statute, and has
been defined as one which take away or impairs
vested rights acquired under existing laws, or
creates a new obligation or imposes a new duty
or attaches new disability.
The court would look into the language of the
law when construing whether a statute applies
prospectively or retroactively.
Prospectivity of Laws
o As a general rule, statute are applied
prospectively.
o Article 4 of the Civil Code provides that
law shall have no retroactive effect,
unless the contrary is provided.
Maxim:
o Lex prospicit, non respicit – means the
law looks forward not backward.
o Judex de praeterito – means the law
provides for the future, the judge for the
past.
This rule arises from the recognition that
retrospective laws generally if not
universally work injustice.
A statute should be considered as
prospective in its application, unless its
language clearly demands or expresses
that it shall have retroactive effect.
Rule of statutory construction
That all statutes are to be construed as
having only a prospective operation not
unless the purpose and intention of the
legislature to give retroactive effecr is
expressly declared or is necessarily
implied from the language used. In every
case of doubt, the doubt must be
resolved against the retrospective
effect.
Retroactivity of Statutes
o Can be expressly in the statute itself, or
necessarily implied from the language
used in the statute.
May be given a retroactive application:
1. Procedural Rules – are provisions
prescribing the method by which
substantive rights may be enforced in
the court of justice.
2. Police Power – in the exercise of State’s
police power usually revolve around the
non-impairement clauses of the
Constitution.
3. Curative Laws – are enacted in order to
cure defects in a previos law or to
validate legal proceedings, instrument
or acts of public authorities which would
otherwise be invalid for non-compliance
with existing legal requirements
It cannot be applied when it will
adversely affect substantive rights of
others.
4. Penal Laws – may be given in retroactive
perspective when:
a) The penal law is favourable to
the accused.
b) The accused is not a habitual
delinquent.
Prospectivity and Retroactivity of Judicial
Decisions
o General rule, that laws are applied
prospectively unless the contrary is
clearly intended also applies to judicial
decisions
CHAPTER IX executed the contract. The court don’t have the
authority to change the terms of the contract.
INTERPRETATION OF CONTRACTS

Legal Provisions on the Interpretation of

Contracts –
Contracts
Is a meeting of the minds between two persons
Interpretation and construction should be the
whereby one binds himself, with respect to the
last instruments last resorted to by a court in
other, to give something or to render some
determining what the parties agreed to.
services.

As a general rule, contracts are perfected by

mere consent, and from the time there is a
meeting of the minds between the parties on the
object and consideration of the contract.

Three general characteristics of a contacts:

1. Principle of autonomy of contracts –

The contracting parties may establish
such stipulation, clauses, terms and
condition.
2. Principle of mutuality of contracts –
The contracting parties must bind both
contracting parties.
3. Principle of relativity of contracts –
contracts take effectly only between the
parties, their assign and heirs.

The pupose of the courts in interpreting a

contract is to determine the intention of the
contracting parties, as objectively manifested by
them in the words used in the contracts.

Applicable when contract is ambiguoug or when

it is susceptible of two reasonable alternative
interpretations.

Interpretation of Contracts

When court asks, it is merely determining the

intent of the contracting parties at the time they