Construction, defined
- art or process of discovering and expounding the meaning and the
intention of the authors of the law with respect to tis application to a
given case, where the intention is rendered doubtful, amongst others, by
reason of the fact that the given case is not explicitly provided for in the
law
- drawing of conclusions with respect to subjects that are beyond the
direct expressions of the text, from the elements known and given in the
text.
Legislative intent/ ratio legis
- “ interpretation according to the spirit or the reason of the law”
- legislative intent must be ascertained from a consideration of the statute
as a whole, and not of an isolated part or particular provision alone
- every part of a statute must be interpreted with reference to the context
Dura lex sed lex
- the law is harsh but it is the law
When the law is clear and unambiguous, there is no room for
interpretation
Spirit and purpose of the law
- spirit of the law that determines its construction
- what is within the spirit of the law is as much a part of the law as what is
written
Index animi sermo
- speech is the indication of intent
- words employed by the legislature in a statute correctly expresses its
intent or will
Verbal egis non est recedendum (plain meaning rule)
- from the words of the statute, there should be no departure
Ut res magis valeat quam pereat
Review of law in its entirety and its intendment must be given effect
Wisdom/ practicality of law
Executive/ administrative interpretation
- high repute is attached to the construction placed by the executive
officials charged with the responsibility of applying a statute
- in case of conflict between a statute and an administrative order, the
statute must prevail.
-> a rule or regulation must conform to and be consistent with
the provisions of the enabling statute in order for such rule or
regulation to be valid
Literal interpretation
Valid in part, void in part
Ambiguity, construed against party who caused it
- ie. contracts and insurance policies.
Ratio: the one who made the contract is expected to have
understood the words used in making such and the one who
merely agreed to it cannot be found at fault to
Law does not distinguish, courts should not distinguish
Mandatory/ directory/ prohibiture
Expressio unius est exclusio alterius
- “ the express mention of one thing in a law, as a general rule, means the
exclusion of others not expressly mentioned”
Ejusdem Generis
- where general terms follow the designation of particular things or
classes of eprsons or subjects, the general term will be construed to
include those things or persons of the same class or of the same nature as
those specifically enumerated
- is only resorted to only for the purpose of determining the legislative
intent in enacting the law
Statement of individual legislator
Noscitur a sociis
- “where a particular word or phrase in a statement is ambiguous in itself
or is equally susceptible of various meanings, its true meaning may be
made clear and specific by considering the company in which it is found
or with which it is associated.”
And/Or
Retroactivity
Casus omissus pro omisso habendus est
- a person, object or thing omitted, must have been omitted intentionally
Computation of time
Intent of Statute ascertained from statute taken as a whole
- each part of a statute should be construed in connection with every
other part to produce a harmonious whole, not confining construction to
only one section.
Verba Legis
- if a statute is clear, plain and free from ambiguity, it must be given its
literal meaning and applied without interpretation
- a meaning that does not appear nor is intended or reflected in the very
language of the statute cannot be placed therein by construction
Statutes in pari materia
- statutes in pari materia should be read and construed together because
enactments of the same legislature on the same subject are supposed to
form part of one uniform system; later statutes are supplementary or
complimentary to the earlier enactments
- should be construed together to attain the purpose of an expressed
national policy
[Liberal/ Strict Construction]
Wills
- Statutes prescribing the formalities to be observed in the execution of a
will must be strictly construed.*
- the object of solemnities surrounding the execution of wills is to close
the door against bad faith and fraud, accordingly, laws on this subject
should be interpreted to attain these primordial ends
- it is not the object of the law to restrain and curtail the exercise of the
right to make a will. So when an interpretation already given assures such
ends, any other interpretation whatsoever, that adds nothing but
demands more requisites entirely unnecessary, useless and frustrative of
the testator’s last will, must be disregarded”
Naturalization
- doubts concerning grant of citizenship should be resolved in favor of the
Government and against the applicant
- “ naturalization laws should be rigidly enforced and strictly construed in
favor of the government and against the applicant.
Labor
- labor statutes must be liberally construed in favor of the laborer
concerned.
- liberal construction and interpretation of labor laws may not be applied
where the pertinent provisions of the Labor Code and PD 626 are clear
and leave no room for interpretation.
Agrarian Laws
- must be interpreted liberally in favor of the grantees in order to give full
force and effect to the clear intent of such laws: “ to achieve a dignified
existence for the small farmers”; and to make them “more independent,
self-reliant and responsible citizens, and a source of genuine strength in
our democratic society”
Tax Statutes
- general rule in interpretation of statutes levying taxes or duties not to
extend their provisions beyond the clear import of the language used.
- in case of doubt, statutes are construed most strongly against the
Government and in favor of the citizen, because burdens are not to be
imposed, nor presumed to be imposed beyond what the statutes
expressly and clearly import.
- where there is in the same statute a particular enactment and a general
one which in its most comprehensive sense would include what is
embraced in the former, the particular enactment must be operative, and
the general enactment must be taken to affect only such cases within its
general language as are not within the provisions of the particular
enactment
- one must first apply the well-settled doctrine of strict interpretation in
the imposition of taxes before one could apply the principle of tax
exemptions
Tax Exemptions
- Tax exemption is not favored.
- Exemptions from statutes are never presumed
- Exceptions from taxation are construed in strictissimi juris against the
taxpayer and liberally in favor of the taxing authority
- Tax amnesty is never favored nor presumed in law and if granted by
statute, the terms of the amnesty like that of a tax exemption must be
construed strictly against the tax payer and liberally in favor of the taxing
authority.
- A claim of exemption from tax payments must be clearly shown and
based on language in the law too plain to be mistaken.
- Taxation is the rule, exemption therefrom is the exception.
- if the grantee of the exemption is a political subdivision or
instrumentality, the rigid rule of construction does no apply because the
practical effect of the exemption is merely to reduce the amount of money
that has to be handled by the government in the course of its operations.
- in general, penal provisions of a statute are to be construed strictly
- in construing particular words or terms used in a statute, due regard
should be had for the context.
- in order to determine the true intent of the legislature, the particular
clauses and phrases of the statute should not be taken as detached and
isolated expressions, but the whole and every part thereof must be
considered in fixing the meaning of any of its parts
Effects of Repeals and Amendments – General and Special Laws
- general legislation must give way to special legislation on the same
subject, and generally be so interpreted as to embrace only cases in which
the special provisions are not applicable. That specific statutes prevails
over general statute and that where two statutes are of equal theoretical
application to a particular case, the one designed therefor specially
should prevail. *
- a later statute, general in its terms and not expressly repealing a prior
special statute, will ordinarily not affect the special provisions of such
earlier statutes.
- Where there are two statutes, the earlier special and the later general,
the fact that one is special and the other is general creates a presumption
that the special is to be considered as remaining as exception to the
general, one as a general law of the land, the other as the law of a
particular case.
- if a new law is inconsistent with or repugnant to the old law, the
presumption against the intent to repeal by implication is overthrown
because the inconsistency or repugnancy reveals an intent tot repeal the
existing law.
- Repeal by implication is not favored and will not be so declared unless
the intent of the legislators is manifest.

Rules of Court
- rules of court mandate a liberal construction of the rules and the
pleadings to effect substantial justice.
- liberal construction of formal requirements—pleadings, as well as
remedial laws, should be construed liberally, in order that the litigants
may have ample opportunity to prove their respective claims, and that a
possible denial of substantial justice, due to legal technicalities may be
avoided.
- liberality in the construction of rules, not a case of, where the decision of
the Court of Appeals is satisfactorily supported by the records.
- General rule: that for failure of a party to appear at the pre-trial he may
be non-suited of considered as in default; Rule not intended as an
implacable bludgeon but as a tool to assist the trial courts in the orderly
and expeditious conduct of trials

Insurance
- Contracts of insurance construed liberally in favor of the insured and
strictly against the insurer. Thus, ambiguity in the words of an insurance
contract should be interpreted in favor of its beneficiary.
- provisions of the surety bond must be read in its entirety and together
with the contract between the parties.

Corporations
- Corporation law must be given a reasonable, not an unduly harsh,
interpretation which does not hamper the development of trade relations
and which fosters friendly commercial intercourse among countries.

Probation Laws
- policy of liberality of probation statutes cannot prevail against the
categorical provisions of the law

Interpretation of Penal Statutes

- Penal laws are liberally construed in favor of the offender.*
- rule may be invoked only when the law is ambiguous and
there is doubt as to its interpretation
rationale: tenderness of the law for the rights of individuals
note: if a strict application will favor the accused, then that
interpretation is favored
- when possible, all words of a statute are to be given some meaning so
that when the legislator makes use of words of limitation, he must be
presumed to have intended to limit and restrict, in some way, the word or
idea with reference to which such words of limitation are applied.