PART III. CARDINAL RULES OF CONSTRUCTION  Doctrine of necessary implications.
What is implied in a statute is as much a part
How to ascertain legislative intent.
Ascertain legislative intent
- Statute as a whole
- Not isolated part or provision
- Once known, no other choice but to apply it
- If transparent, construction is dispensed with
The object of all interpretation and construction of statutes is to ascertain the meaning and
intention of the legislature, to the end that the same may be enforced.
Legislative intent is determined principally from the language of the statute.
 omissohabendusest” can operate and apply only if and when the omission has been clearly
VERBA LEGIS
If the language of the statute is plain and free from ambiguity, and express a single,
definite, and sensible meaning, that meaning is conclusively presumed to be the meaning
which the legislature intended to convey.
STATUTES AS A WHOLE
A cardinal rule in statutory construction is that legislative intent must be ascertained from
a consideration of the statute as a whole and not merely of a particular provision. A word or
phrase might easily convey a meaning which is different from the one actually intended.
A statute should be construed as a whole because it is not to be presumed that the
legislature has used any useless words, and because it is dangerous practice to base the
construction upon only a part of it, since one portion may be qualified by other portions.
SPIRIT AND PURPOSE OF THE LAW
When the interpretation of a statute according to the exact and literal import of its words
would lead to absurd or mischievous consequences, or would thwart or contravene the
manifest purpose of the legislature in its enactment, it should be construed according to its
spirit and reason, disregarding or modifying, so far as may be necessary, the strict letter of
the law.
 When the reason of the law ceases, the law itself ceases.
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thereof as that which is expressed. 
CASUS OMISSUS 
When a statute makes specific provisions in regard to several enumerated cases or objects,
but omits to make any provision for a case or object which is analogous to those
enumerated, or which stands upon the same reason, and is therefore within the general
scope of the statute, and it appears that such case or object was omitted by inadvertence or
because it was overlooked or unforeseen, it is called a “casus omissus”. Such omissions or
defects cannot be supplied by the courts. The rule of “casus omissus pro
established. 
STARE DECISIS 
It is the doctrine that, when court has once laid down a principle, and apply it to all future
cases, where facts are substantially the same, regardless of whether the parties and
properties are the same. Stare Decisis. Follow past precedents and do not disturb what
has been settled. Matters already decided on the merits cannot be relitigated again and
again. “Stare decisis et non quietamovere” (follow past precedents and do not disturb what
has been settled. 
Liberal or strict construction, factors to consider and when applied.
- Former law on the matter
- Persons or matters with which it deals
- Letter or language of the law
Generally:
 Whether a statute is to be given a strict or liberal construction will be
depend upon the nature of the statute, the purpose to be subserved and the mischief to
be remedied, and a strict or liberal interpretation will be given a statute that will best
accomplish the end desired and effectuate legislative intent.
Strict construction, generally
 Strict construction is that construction according to the
letter of a statute, which recognizes nothing that is not expressed, takes the language
used in its exact meaning, and admits no equitable consideration. It does not mean
giving a statute its narrowest meaning of which it is susceptible. Nor does it mean that
words shall be so restricted as not to have their full meaning. Scope of statute shall not
be extended orenlarged by implication, intendment, or equitable consideration beyond
the literal meaning of its terms.
Liberal construction, defined.
 Liberal constructions means such equitable
construction
as will enlarge of a statute to accomplish its intended purpose, carry out its intent, or
promote justice. It does not mean enlargement of a provision which is clear,
unambiguous and free from doubt, for a statute which is plain and clear is not subject to
construction. Liberal construction is that construction which expands the meaning of a
statute to meet cases which are clearly within the spirit or reason thereof or within the
evil which the statute was designed to remedy, or which give the statute its generally
accepted meaning to the end that the most comprehensive application thereof maybe
accorded, without being inconsistent with its language or doing violence to any of its
terms. Liberal construction means that the words should receive a fair and reasonable
interpretation, so as to attain the intent, spirit and purpose of the law.
Liberal construction applied, generally.
 The literal meaning of the words used may be
rejected
if the result of adopting said meaning would be to defeat purpose of the law. Liberal
interpretation so as to save the statute from obliteration, utres magisvaleat quam
pereat. Construction by this nature and the act of the court in engrafting upon a law
something which its believes ought to have been embraced therein. The former is liberal
construction and is a legitimate exercise of judicial power. The latter is judicial legislation
forbidden by the tripartite division of powers among the three departments of
government, the executive, the legislative and the judicial. A statute may not be liberally
construed to read into it something which its clear and plain language rejects.
Statutes in derogation of common rights, how construed.
Statutes in derogation of rights.
 People in republican state enjoy certain rights, which
are either inherent or guaranteed by the constitution or protected by law; rights are not
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absolute, and the state, in the exercise of its police power, may enact legislations
curtailing or restricting their enjoyment. As these statutes are in derogation of common
or general rights, they are generally strictly construed and rigidly confined to cases
clearly within their scope or purpose.; two reasonably possible constructions, one which
would diminish or restrict fundamental right of the people and the other of which would
not do so, the latter construction must be adopted so as to allow full enjoyment of such
fundamental right.
In case of doubt, strictly construed against the law in favor of common rights.
Common rights, examples.
Personal liberty, property, freedom of contract, exercise of any trade or
profession
Statutes prescribing formalities of wills, how construed.
Statutes prescribing formalities of will.
 Statutes prescribing the formalities to be
observed in the execution of wills are strictly construed, ; a will must be executed in
accordance with the statutory requirements, otherwise it is entirely void. ; apply the
intent of the legislators and not that of the testator, and the latter‘s intention is
frequently defeated by the non-observance of what the statute requires.
In case of doubt, strictly construed against the validity of the will since the testator is
already dead. “Dead men tell no tale”. Failure to comply with required written
formalities. Fatal. The will cannot be admitted to probate.
Naturalization laws, how construed.
Laws on naturalization are strictly construed against an applicant for citizenship and
rigidly followed and enforced. ; right of an alien to become a citizen by naturalization is
a statutory rather that a natural one, and it does not become vested until he files a
petition and establishes by competent and satisfactory evidence that he has all the
qualifications and none of the disqualifications specified by law.
In case of doubt, strictly construed in favor of the government against the applicant.
Requirements for naturalization must be complied to the letter to ensure that
undesirable aliens are not naturalized.
Stature conferring the right of eminent domain, how construed.
In case of doubt, against the government. It derogates private rights to property and
ownership.
In case of doubt, resolved against retrospective effect, in favor of prospective
construction.
Prospective statute – is a statute which operates upon acts and transactions which

Statutes granting rights to laborers, how construed. have not occurred when the statute takes effect, that is, which regulates the future.

In case of doubt, liberally construed in favor of labor, Labor law is social legislation. Retrospective or retroactive law – is one which takes away or impairs vested rights
acquired under existing laws, or creates new obligations and imposes new duties, or
Statutes granting tax exemptions, how construed.
attaches new disabilities in respect of transaction already past.
Statutes granting tax exemptions.
 Taxes are what the people pay for civilized society;
lifeblood of the nation. The law frowns against exemptions from taxation. Laws granting
A sound canon of statutory construction is that statutes operate prospectively only and
tax exemptions are thus construed strictissmi juris against the taxpayer and liberally in
favor of the taxing authority. Taxation is the rule and exemption is theexception. The never retrospectively, unless the legislative intent to the contrary is made manifest
burden of proof rests upon the party claiming exemption to prove that it is in fact either by the express terms of the statute or by necessary implication.
covered by the exemption so claimed. Statutes granting tax exemptions are construed
strictissimi juris against the taxpayer and liberally in favor of the taxing authority. Basis The Civil Code of the Philippines follows the above rule thus: Laws shall have no
– to minimize the different treatment and foster impartiality, fairness and equality of
retroactive effect, unless the contrary is provided.
treatment among taxpayers. For exemptions from taxation are not favored in law, nor
are they presumed. They must be expressed in the clearest and most unambiguous
Retroactive legislation is looked upon with disfavor, as a general rule and properly so
language and not left to mere implications. ―exemptions are never presumed, the
burden is on the claimant to establish clearly his right to exemption and an alleged grant because of its tendency to be unjust and oppressive.
of exemption will be strictly construed and cannot be made out by inference or
implications but must be beyond reasonable doubt. In other words, since taxation is the PENAL STATUTES
rule and exemption the intention to make an exemption ought to be expressed in clear
and unambiguous terms. Penal statutes as a rule are applied prospectively. Felonies and misdemeanors are
punished under the laws in force at the time of their commission. (Art. 366, RPC).
In case of doubt, strictly against the taxpayer. Taxation is the lifeblood of the
government.
However, as an exception, it can be given retroactive effect if it is favorable to the
Prospective and retrospective interpretation, distinguished. accused who is not a habitual criminal. (Art. 22, RPC).
Prospective- applies to such facts and causes after its enactment.
Retrospective – applies to such facts and causes before its enactment.
General rule: statutes are construed prospectively unless clearly stated otherwise in the PROCEDURAL LAWS ARE RETROSPECTIVE
statute.

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 An ex post facto law is any of the following:
Statutes regulating the procedure of the Court will be construed as applicable to actions
pending and undermined at the time of their passage. However, Rules of Procedure
should not be given retroactive effect if it would result in great injustice and impair
substantive right.
Procedural provisions of the Local Government Code are retrospective.
CURATIVE STATUTES
They are those which undertake to cure errors and irregularities and administrative
proceedings, and which are designed to give effect to contracts and other transactions
between private parties which otherwise would fail of producing their intended
consequences by reason of some statutory disability or failure to comply with some
Test whether prohibition against ex post facto clause is violated.
technical requirement. They are therefore retroactive in their character.
Effect of retrospective application of law.
- A law which makes criminal an act done before the passage of the law and
which was innocent when done, and punishes such act;
- A law which aggravates a crime, or makes it greater than it was, when
committed.
- A law which changes the punishment and inflicts greater punishment than
that annexed to the crime when committed.
- A law which alters the legal rules of evidence, and authorizes conviction
upon less or different testimony than the law required at the time of the
commission of the offense;
- A law which assumes to regulate civil rights or remedies only, but in effect
imposes penalty or deprivation of a right for something which when done
was lawful;
- A law which deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as protection of a former
conviction or acquittal, or a proclamation of amnesty.
- Does the retroactive application of the law take from the accused any
right that was regarded at that time as vital for the protection of life and
liberty?

- Takes away or impairs vested rights acquired under existing law.

- Creates new obligations.
- Imposes new duties.
- Attaches disability in respect of transactions or consideration already past
Scope of prohibition against ex post facto law.
Ex post facto law. - Applies only to criminal or penal matters.
Rule: No ex post facto laws shall be enacted
 Makes an act done before the passage of - Not to laws which concern civil proceedings generally.
the law and which is innocent when done, and punishes such act.
 Applies only to - Or which affect or regulate civil or private rights or political privilege.p.
criminal or penal matters and not to civil laws

Ex post facto law prohibited, exception.
Article III, Section 22, 1987 Constitution. “No ex post facto law or bill - Unless it is favorable to the accused (Article 22, RPC)
 This is founded on
of attainder shall be enacted” conscience and good law and contained in
- aphorism: Favorabiliasuntamplianda, adiosarestringenda(laws that are
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 favorable to the accused are given retroactive effect.
- If it favors the accused .
- Index animi sermo est.- speech is the index of intention
Exception to the exception.
- When the accused is a habitual delinquent.
- 
 Where the later statute expressly provide that it shall not apply to
existing statutes/actions or pending cases.
- Accused disregards the later law and invokes the prior statute under which
he was prosecuted.
 of such words as are found in the statute
- Amendatory statute which renders an illegal act prior to enactment legal is
generally given retroactive effect unless it is expressly provide that such
statute will not apply retroactively
- adherence to the letter of the law leads to absurdity, injustice, contradictions or defeat
Bill of Attainder, defined.
Legislative act which inflicts punishment without judicial trial
Rule: No bill of attainder shall be enacted
 Bill of attainder is a legislative act, which
inflicts punishment
without judicial trial.
 Ifalawisbillofattainder,itisanexpostfactolaw. Ifitisnotan ex post
facto law, it is not a bill of attainder.
 with the letter of the law, the former prevails over the latter. Primary rule in
-Bills of pains and penalties – if the punishment be less than death.
PART IV. PARTICULAR RULES OF CONSRUCTION
Verbalegis or plain meaning rule.
PLAIN MEANING RULE
 When the words and phrases of the statute are clear and
unequivocal, their meaning must be determined from the language employed and
the statute must be taken to mean exactly what it says. What is not clearly
provided in the law cannot be extended to those matters outside of scope. Where
the law is clear, appeals to justice and equity as justification to construe it
differently are unavailing.
 Verbalegis- plain meaning rule
 

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Where the statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without interpelation.

 

Dura lexsedlex.
the law may be harsh, but it is still the law
 

The reason for the rule is that the legislature must be presumed to know themeaning of
the words, to have used the words advisedly and to have expressed itsintent by the use
Ratio legis.
In construing a statute, the court looks into the spirit and reason of the law. If
the plain purpose of the law Ratio legis applies.
Apparent inaccuracies and mistakes in mere verbiage or phraseology will be overlooked
to give effect to the spirit of the law.
WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW The spirit of the law controls the
letter.
 Ratio legis– reason of the law
LITERAL IMPORT MUST YIELD TO INTENT
 Where legislative intent apparently conflicts
construction is to ascertain and give effect to the intent.
In construing a statute, the courts must look into the spirit of the law or the
reason for it. The spirit or intention of the law prevails over the latter thereof. The
statutemay be extended to cases which are not included within the literal meaning of the
words,if such case is within the reason for the statute. And the cases within the letter of
the lawbut not within the spirit thereof are not within the statute. No reason, however,
may beimputed to the legislature, which is not supported by the fact of the law itself.
Indetermining the reason for the law, recourse may be had to the preamble or
applicablewhere adherence to the latter would lead to absurdity, injustice, contradiction
or defeatthe plain purpose of the act. Apparent inaccuracies did and mistakes in the
mereverbiage or phraseology will be overlooked to give effect to the spirit of the law.
MensLegislatories.
Courts look into the following: object to be accomplished, evils and mischief to be
remedied. Purpose to be observed..
Statute liberally construed to serve its purpose even if its literal interpretation says
otherwise. When the language of a particular provision of law admits of two
interpretations, the one that gives effect to the intent must be followed.
The courts look into the object to be accomplished, the evils and mischief to beremedied
or the purpose to be observed. The court should give the statute a reasonableor liberal
construction which will best effect its purpose rather than one which will defeatit even
though such construction is not within the strict literal interpretation of the statute.
The court should give the statute a reasonable or liberal construction which willbest
effect its purpose rather than one which will defeat it.
Statutes must be construed to avoid injustice
Ejusdem generis.
Where general term follows particular things, the general term is construed to include
those things or persons of the same class as those specifically enumerated. Example:
Trustees, agents, attorneys-at-law and other persons.
“other persons” – only such persons in similar position o trust like guardians
While general words or expressions in a statute are, as a rule, accorded their full,
natural, and generic sense, they will not be given such meaning if they are used in
association with specific words or phrases. General rule is that where a general word or
phrase follows an enumeration of particular and specific words of the same class or
where the latter follow the former, the general word or phrase is to be construed to
include, or to be restricted to, persons, things, or cases akin to, resembling, or of the
same kind or class as those
specifically mentioned.
Where a statute describes things of particular class or kind

 accompanied by words of a generic character, the generic words will usually be
limited to things of a kindred nature with those particularly enumerated, unless
there be something in the context of the statute to repel such inference. 

Ejusdem generis, purpose.
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Gives effect – both specific ad general words. Particular words indicate the class and the
general includes all embraced in said class although not specifically named.
Purpose: give effect to both the particular and general words, by treating the particular
words as indicating the class and the general words as indicating all that is embraced in
said class, although not specifically named by particular words. 

This principle is based on the proposition that had the legislature intended the general
words to be used in their generic and unrestricted sense, it would not have enumerated
the specific words. 

Application: where specific and generic terms of the same nature are employed in the
same act, the latter following the former. 

Reddendo singular singulis.
The variation of the doctrine of last antecedent is the rule of reddendo singular singulis.
The maxim means referring each to each; referring each phrase or expression to its
appropriate object, or let each be put in its proper place, that is, the words should be
taken distributively.
Reddendo singular singulisrequires that the antecedents and consequences should be
read distributively to the effect that each word is to be applied to the subject to which it
appears by context most appropriately related and to which it is most applicable.
Doctrine of collocation.
Lacuna V Abes, 133 Phil. 770, 773-774 (1968)
 Association between two words that are typically or frequently used together
where the sentence has several antecedents and consequents, they are to be
read distributively
 Antecedent – a word or phrase that a subsequent or consequent word refers to.
 Consequent – a word or phrase that an antecedent word precedes.
Example: “Statutory Construction is an easy subject, but the Professor somehow makes
it difficult.”
 Distributive – refers to each member of the group individually and separately
Examples of distributive words: “each”, “every” and “either”.
 “Statutory Construction is an easy subject, but the Professor somehow makes it canons are generally used in the construction of statutes granting powers, creating
difficult. Each student enrolled in the class may either pass or fail, without fear or favor.” rights and remedies, restricting common rights, and imposing penalties and forfeitures,
as well as those statutes which are strictly construed.
Expression uniusext exclusion alterius.
Where a statute directs the performance of certain acts by a particular person or class or
Mention of one thing implies the exclusion of another.
persons, it implies that it shall not be done otherwise or be a different person or class of
Example: “Female lawyers _________are required to wear uniform on __________.
persons.
Express mention of one person, thing or consequence implies 
 the exclusion of
all others. 
 If a statute enumerates the things upon which it is to operate, everything else must
necessarily, and by implication, be excluded.
It is formulated in a number of ways: 

XXI. Limitations of rule
a. One variation of the rules is the principle that what is expressed puts an end
to that which is implied Expressumfacitcessaretacitum The rule expressiouniusestexclusioalteriusis not a rule of law. It is a mere tool of
statutory construction or a means of ascertaining the legislative intent.
b. General expression followed by exceptions therefrom implies that those which
do not fall under the exceptions come within the scope of the general The rule, not being inflexible nor a mechanical or technical tool, must yield to what is
expression. Exceptiofirmatregulam in casibus non exceptis
 clearly a legislative intent.

It is no more than an auxiliary rule of interpretation to be ignored where other

c. Expression of one or more things of a class implies the exclusion of all not
circumstances indicate that the enumeration was not intended to be exclusive.
expressed, even though all would have been implies had none been
expressed. 

It should applied only as a means of discovering legislative intent and should not be
permitted to defeat the plainly indicated purpose of the legislature.
The rule expressiouniusestexclusioalteriusand its variations are canons of restrictive
interpretation.
 Basis: legislature would not have made specified enumerations in a It will not apply where the enumeration is by way of example or to remove doubts only.
statute had the intention been not to restrict its meaning and confine its terms to those 

expressly mentioned. They are opposite the doctrine of necessary implication.
It will not apply in case a statute appears upon its face to limit the operation of its
XIX. Negative-opposite doctrine provisions to particular persons or things by enumerating them, but no reason exists
why other persons or things not so enumerated should not have been included and
The principle that what is expressed puts an end to that which is implied is also known manifest injustice will follow by not including them. 

as negative-positive doctrine or argumentum a contrario.
The rule may be disregarded of it will result to incongruities or a violation of the equal
XX. Application of expressiouniusrule
 The rule of protection clause of the constitution, inconvenience, hardship and injury to the public
expressiouniusestexclusioalteriusand its corollary
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interest. 
 “shall” – imperative with a duty to enforce

Use of the word “may” in the statute generally connotes a permissible thing, and
Where the legislative intent shows that the enumeration is not exclusive, the maxim
operates to confer discretion while the word “shall” is imperative, operating to impose a
does not apply. 

duty which may be enforced.
Noscitur a sociis.
Meaning of particular terms in a statute may be ascertained by reference to words. The term “shall” may be either as mandatory or directory depending upon a
Associated with or related to them in statute.
consideration of the entire provision in which it is found, its object and consequences
Casus omissus. that would follow from construing it one way or the other.
Words or phrases may be supplied by the courts and inserted in a statute. Where it is
necessary to eliminate repugnancy and inconsistency to complete the sense and give - Depending upon a consideration of the entire provision, its nature, its object, and the
effect to the intent. Used to supply omissions caused by clerical errors, by accident or consequences that would follow from construing it one way or the other, the
inadvertence. convertibility of said terms either as mandatory or directory is a standard recourse in
statutory construction.
The rule of casus omissus pro omissohabenduseststates that a 
 person, object or thing
omitted from an enumeration must be held 
 to have been omitted intentionally. 
 - It is well-settled that the word ―may‖ should be read as ―shall‖ where such
construction is necessary to give effect to the apparent intention of the legislature.
Principle proceeds from a reasonable certainty that a particular 
 person, object or thing
has been omitted from a legislative 
 enumeration 
 - The word ―may‖ will, as a rule, be construed as ―shall‖ where a statute provides for
the doing of some act which is required by justice or public duty, or where it vests a
The rule does not apply where it is shown that the legislature did 
 not intend to public body or officer with power and authority to take such action which concerns the
public interest or rights of individuals.
exclude the person, thing, object from the enumeration. If such legislative intent is
clearly indicated, the court may supply the omission if to do so will carry out the clear - The word ―shall‖ may be construed as ―may‖ when so required by the context or
intent of the legislature and will not do violence to its language. 
 intention of the legislature. It shall be construed merely as permissive when no public
benefit or private right requires that it be given an imperative meaning.

Casus omissus, conditions for application. Guingona V Carague, GR No. 94571, April 22, 1991
-only if palpable and the omitted words are plainly indicated in the context or FACTS:
verifiable from other parts of the statute. Congress earmarked 86 billion for debt servicing and 27 billion for education. This was
challenged s unconstitutional because Section 5, Article XIV of the 1987 Constitution
V. CONSTRUCTION OF WORDS AND PHRASES says:
“ The State shall assign the highest budgetary priority to education xx”
“May” and “shall”, distinguished. HELD:
While it is true that it mandates Congress to assign the highest budgetary priority to
“may”- permissive and operates to confer discretion education, it does not follow that the hands of Congress are so hamstrung as to deprive
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it the power to respond to the imperatives of national interest and for the attainment of
other state policies or objectives.
The use of the word “shall” is not always mandatory, it may be construed as merely
directory depending on legislative intent or when the provision involved is not self-
executing.
Special or technical meaning.
Words and phrases having technical or special meaning are construed in their technical
sense.
This applies to terms with established trade, business, commercial or professional
significance.
Exception.
When intended otherwise by Congress or it defeats legislative intent.
When used, the various members of the sentence are to be taken jointly.
“All”, “any”, “every”.
“all” – universal or comprehensive sense
Example: “All female law students are required to wear corporate attire every
Wednesday.”
“any” – restrictive interpretation in some cases.
Example: “Any female law student who does not wear corporate attire on a Wednesday
is required to wear it everyday.”
“every” – word of inclusion.
Example: Every female law student in the University of San Carlos College of Law is
required to wear corporate attire every Wednesday.”

Illustrative case: Asiatic Petroleum Co., v Collector, 30 Phil. 510 “Etcetera”.

FACTS: - And so forth
A tax law provides that “no tax shall be collected on such article which before the taking on the text of he Statute
effect of this Act, shall have been disposed of to persons other than manufacturers or Grammar.
wholesale dealer.” Rules for language
HELD: The system of rules by which words are formed and put together to make sentences.
No. The oil was not “disposed of”. Had the legislature intended “disposed of” to mean Grammar, what rules apply.
“sold and delivered”, it would have used the latter phrase. The legislative evidently took Ordinary rules of grammar to determine legislative intent.
into consideration the custom of merchants in using the phrase of “in its commercial and Grammar, limitation.
not technical sense.” Not conclusive if it defeats legislative intent.

Conjunctive “and” and disjunctive “or”. Rules on punctuation, tense ,gender, and number, degree of aid.
“And” means conjunction connecting words or phrases expressing the idea that the Very little weight.
Punctuation.
latter is to be added or taken along with the first. Conjunctive article.

“Or” is a disjunctive particle used to express as alternative or to give a choice of one Moreno v Comelec, GR No 168550, August 10, 2006
among two or more things. It is also used to clarify what has already been said, and in
Tense
such cases, means “in other words,” “to wit,” or “that is to say.” Disjunctive article
Statutes expressed in the future may nevertheless be regarded as having present effect.
indicating an alternative.
Gender
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The use of masculine gender does not preclude application to females. Where intent
requires it. Intrinsic aids, defined.

In the printed page of the statute itself, you always see them within the face of the statute
Number
Words importing singular number may be extended to several persons or things. Unless
it defeats legislative intent. The term “intrinsic” means internal or within. Intrinsic aids, therefore, are those aids within the statute.

Inaccuracies or clerical errors. Intrinsic aids are resorted to only if there is ambiguity. In resorting to intrinsic aids, one must go back to the
May be corrected by the Court if it is necessary to carry out the legislative intent. parts of the statute: the title, the preamble, context or body, chapter and section headings, punctuation, and
Example:
interpretation.
“Courts of law” was encoded instead on “course of law”. That it is a mere typographical
error is evident. If uncorrected, it renders the law non-sensical. It must be corrected by
the court as it is duty bound to give statute a sensible construction.
GENERALLY : Where the meaning of a statute is ambiguous, the court may avail itself of all legitimate aids to
A man wrote a book entitled “How to Change your Life”. He was uncertain if it sells,
construction in order that it can ascertain the true intent of the statue.
since it appears predictable, as many other books of similar theme were already
published prior to it. To his surprise, 10 million copies were sold on the first week they
were out in the market. It turned out the title was inadvertently made “How to Change Intrinsic aids, enumerated.
your Wife”.
Context
Foreign language.
Punctuation and capitalization
Revised Penal Code was approved in its Spanish text but translated to English. In case of
Language or lingual text
doubt, the Spanish prevails.
Title
Chapter, article and section headings
Marginal notes
FACTS:
Preamble
Congress earmarked 86B for debt servicing and 27B for education. This was challenged
Legislative definitions and interpretative clauses
as unconstitutional because Section 5, Article XIV of the Constitution says “Congress is
mandated to assign the highest budgetary priority to education” in order to “ insure that
teachings will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment,” it does not
Context
thereby follow that
The text surrounding word or passage. Words phrases or passages that come before and after a particular
Self-executing provisions: does not need an enabling law
word or passage in a speech or piece of writing and help explain its full meaning.
PRE-FINALS:
They must be taken as a whole and in relation to one another.
VI. INTRINSIC AIDS IN CONSTRUCTION
Reason for the rule: The statute is enacted as a whole and not in parts or sections.

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Purpose of the rule: To give proper emphasis to each provision and avoid giving undue emphasis or effect to
particular words, clauses, parts or group of words.
If context admits of two interpretations: The one which tends to give effect to the manifest object of the law
should be adopted.
Reason why construe the law in its entirety? Because the law was enacted also in its entirety and it is not a
piece by piece legislation
Legislative intent should accordingly be ascertained from a consideration of the whole context of the stature
and not from an isolated part of particular provision (Aboitiz Shipping Corp. v. City of Cebu).
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. (Commissioner of
Internal Revenue v. TMX Sales)
Punctuation - aids of low degree and can never control the intelligible meaning of written words; may
be used to clear ambiguities.
Punctuation marks are aids of low degree and can never control against the intelligible meaning of written
word. The reason is that punctuation marks are not part of a stature; nor are they part of the English language
(Feliciano v. Aquino).
a. Semi-colon – indicates a separation in the relation of the thought, a degree greater than that expressed
by a comma. Makes the difference being that the semi-colon makes the division a little more
pronounced 

b. Comma – also separates the parts and sentences, but less pronounced than the comma. 

c. Period – used to indicate the end of a sentence. 
 B.
Note: An argument based upon punctuation alone is not persuasive, and the courts will not hesitate to change
the punctuation when necessary, to give the statute the effect intended by the legislature.
Punctuation, defined: Standardized non-alphabetical symbols or marks that are used to organize writing into
clauses, phrases, and sentences, and in this way make its meaning clear. Grammatical marks
Coma – separate words
Page 11 of 20
Semicolon – separate words, more pronounced, more emphatic than coma
Period – separates a sentence
Article VII, Section 16, 1987 Constitution
“Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint
the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the
armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in
him in this Constitution. He shall also appoint all other officers whose appointments are not otherwise
provided by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the
appointment of other officers lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess of the Congress, whether
voluntary or compulsory, but such appointments shall be effective only until disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
CALDERON V CARALE, G.R. No. 91636, April 23, 1992
Capitalization - Also an aid of low degree in the construction of statute.
Language or lingual text.
A. Philippine laws are officially promulgated either in:
1) English
2) Spanish
3) Filipino
4) Or either in two such languages
Rules:
(a) If text is in English and Spanish, English text shall govern.
(b) But in case of ambiguity, omission, or mistake, the Spanish text may be consulted to express the
English text.
(c) If statute is officially promulgated in Spanish, English or in Filipino with translations into other
languages, the language in which it is written (promulgated) prevails over its
translation.Language of promulgation prevails over language in translation.
(d) In the interpretation of a law administrative issuance promulgated in all the official languages
(Filipino), the English text shall control, unless otherwise specifically provided. In case of
 ambiguity, omission or other mistake, the other texts may be consulted. For consultation only, (c) When the text of the statute is clear and unambiguous, there is neither necessity nor propriety to resort to
merely persuasive, not binding, only in case of doubt. headings and epigraphs for the interpretations of the text.

Local ordinances should be translated in the vernacular (especially if it is penal in character) because there is a
requirement there so as not to violate due process so that that it can be readily understood by the
constituents and they cannot use it as a defense that they did not understand what was being posted with
regard to the law if it is written or promulgated in English.
If promulgated both in English and Spanish language. English prevails.
Title.
May resolve doubts as to its proper construction by extending or restraining its purview or by correcting an
obvious error. In case of doubt, resort may be had to the title to determine legislative intent because it
normally indicates it.
Limitation: Not controlling, if the body of the statute is free from ambiguity, no resort to the title. Need not be
an index of contents of the law but it carries weight because of the one title – one subject matter rule.
1. It serves as aid in case of doubt in its language, to its construction and ascertaining legislative will.

2. Used by the court to clear the obscurity.

3. An aid when there is doubt as to the meaning of the law.
(d)These secondary aids may be consulted to remove, but not to create, doubt nor to limit or control the plain
language of the law.
Marginal notes
Marginal notes and heading summarize the effect of sections of an Act where the wording of either
marginal notes or headings seem to have a contradictory meaning to the wording of the main body of an Act,
the wording of the main body of an Act should be followed. Marginal notes and headings are inserted when
Act goes for printing during its progress through Parliament; so are a little unreliable as an indication of
Parliament’s will.
Notes written in a margin, usually handwritten and initialed.
Marginal notes, limitation: Resorted to only when such notes were in fact inserted under the authority of the
legislature (needs approval from Congress).
Preamble.
Introductory explanation. Not an essential part of the statute. May explain ambiguities but not conclusive
or controlling.
Preamble, purpose: The key to the statute. To open the minds of the makers as to the mischiefs to be
remedied and objectives to be accomplished by the provision of the statute.

WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE FROM DOUBT, IT IS IMPROPER TO RESORT TO ITS 1. That part of the statute written immediately after its title, which states the purpose, reason or
TITLE TO MAKE IT OBSCURE. justification for the enactment of the law.
2. Expressed in the ‘Whereas clause’
3. Usually omitted in statutes made by the congress. In its place, these an aid inlegislative bodies used
POE V COMELEC, G.R. No. 221697, March 8, 2016 the explanatory note to explain the reasons for the enactment of statutes.
4. Not an essential part of a statute.
Chapter, article and section headings (a) Thus, where the meaning of a statute is clear and unambiguous, the preamble can neither
expand nor restrict its operation, much less prevail over its text.
Head Notes or epigraphs – convenient index to the content of its provisions. (b) It cannot be used as basis for giving a statute a meaning not apparent on its face.
(a) In case of doubt or ambiguity in the meaning of the 5. It may clarify ambiguities (thus it is the key of the statute)
law or the intention of the legislature, they may be consulted in aid or interpretation. 
 6. It may express the legislative to make the law apply retroactively, in which case the law has to be
(b) They are not part of the law thus, they can never control the plain terms of the enacting clauses. 
 given retroactive effect, so as to carry out such intent (PNB v Office of the President)

Page 12 of 20
 Conditions of the country to be affected
Legislative definitions and interpretative clauses. And other extrinsic matters
Such definition or construction should be followed by the Courts. Statutory definition supersedes the Resort to extrinsic aids, when.
commonly accepted or a previous judicial definition. Extrinsic aids are resorted to after exhausting all the available intrinsic aids and still there
remain some ambiguity in the statute.
VII. EXTRINSIC AIDS IN CONSTRUCTION
If all the intrinsic aids have been availed/exhausted and the ambiguity remains
Extrinsic aids, defined.
Extrinsic aids resorted to by the courts are:
These are existing aids from outside sources, meaning outside of the four corners of the statute. If there is any
doubt as to the meaning of the statute, the interpreter must first find that out within the statute.
a. History of the enactment of the statute; 
Extrinsic aids therefore are resorted to after exhausting all the available intrinsic aids and still there remain b. Opinions and rulings of officials of the government called upon to execute or
some ambiguity in the statute. implement administrative laws; 
c. Contemporaneous construction by executive officers charged with implementing and
Extrinsic aids resorted to by the courts are history of the enactment of the statute; opinions and rulings of enforcing the provisions of the statutes unless such interpretation is clearly
officials of the government called upon to execute or implement administrative laws; contemporaneous erroneous; 
construction by executive officers; actual proceedings of the legislative body; individual statements by
d. Actual proceedings of the legislative body; 
members of congress; and the author of the law.
e. Individual statements by members of congress; and 
Other sources of extrinsic aids can be the reports and recommendations of legislative committees; public f. The author of the law Other sources of extrinsic aids are: 
policy; judicial construction; and construction by the bar.
Contemporaneous circumstances.
Courts may resort to contemporaneous construction or that put upon it at the time of its passage or soon
Extrinsic aids, where found. afterwards and universally acquiesced in and acted upon.
Extraneous facts and circumstances outside the printed page of the statute
Facts and circumstances existing at the time of, and leading to the enactment of the statute such as:
Extrinsic aids, enumerated. History of the times
History or realities existing at the time of the passage of the law Contemporaneous customs
Legislative proceedings The state of the existing law
Changes in phraseology Evils to be remedied
Prior laws and judicial decisions Remedy provided
Contemporaneous and construction Example: Riding in tandem ordinance wherein if you are looking from the outside you can never
Consequences of alternative interpretations understand the sense of banning two people riding in a motorcycle, unless you know the
Objects contemporaneous circumstance that led to the enactment of that particular enactment
Purpose
Expediency Contemporary Construction
Occasion and necessity
Remedy provided
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Definition: these are construction placed upon statutes at the time of, or after, their enactment by the A. all antecedents from the statutes inception until its enactment into law.
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. (a) Includes the presidents message if bill was enacted in response thereto 


Contemporanea exposition est optima et fortissimo in lege - the contemporary construction is strongest in (b) Explanatory note accompanying the bill 

law. (Contemporaneous construction, degree as aid.)
(c) Committee reports of legislative investigations 

Contemporaneous construction is the construction placed upon the statute by an executive administrative
officer called upon to execute or administer such statute. (d) Public hearings on the subject of the bill 


(e) Sponsorship speech 


Legislative history.
It is a well-settled rule of statutory construction that where a statute is susceptible of (f) Debates and deliberations concerning the bill 

several interpretations where there is ambiguity in its language, 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. Generally speaking, the history of a statute refers to all its (g) Amendments and changes in phraseology it has 
 undergone before final approval.
antecedents from its inception until its enactment into law. Its history proper covers the 

period and the steps done from the time the bill is introduced until it is finally passed by
the legislature.
B. If statute is a revision of prior statute, the latter‘s practical application and judicial
construction amendments it underwent and contemporary events during the time of its
WHERE A STATUTE IS SUSCEPTIBLE OF SEVERAL INTERPRETATIONS
 OR WHERE enactment shall form part of its legislative history.
THERE IS AMBIGUITY IN ITS LANGUAGE, THERE IS NO BETTER MEANS IF
ASCERTAINING THE WILL AND INTENTION OF THE LEGISLATURE THAN THAT WHICH IS C. Foreign statute, history includes:

AFFORDED BY THE HISTORY OF
 THE STATUTE.
1. history of Anglo-American precedents or other foreign sources
Legislative History, scope.
2. their practical application and the decision of the courts construing and
Covers introduction of the bill in the legislature up to its final passage applying such precedents in the country of origin.

Legislative history, what it includes.

Illustrative case: EJERCITO V COMELEC, G.R. No. 212398, November 25, 2014
President’s message The SC traced back at least 3 laws prior to the enactment of that one particular law which disqualified
Explanatory note accompanying the bill
Committee reports of the legislative investigations and public hearings of the subject of the bill ER Ejercito as elected governor of Laguna.
Sponsorship speech The main question there was, “If you are a main contributor to the campaign funds for a particular
Debates and deliberations candidate, is your contribution part of the computation to determine if the particular candidate overspent his
Amendments and changes in phraseology expenses in the elections?” And of course, the SC (there was no ambiguity, it was only contested by Ejercito)
said that consistent in the 3 laws, in computing for campaign expenses donations from 3 rd party donors are
WHAT CONSTITUTES LEGISLATIVE HISTORY
included to check if that candidate has overspent or underspent.
Page 14 of 20
 Reports of commissions
President’s message to legislature. (1) Commissions – are usually formed to compile or collate all laws on a particular subject and to
1. President’s address (State of the Nation Address) – address to the Congress at the opening of the prepare the draft of the proposed code.
regular session. Contains: (2) Special commissions were created to draft the text of the RPC and Civil Code.
(a) Proposed legislative measures;
(b) Indicates the president’s thinking on the proposed legislation, which when enacted into law, Legislative debates, views and deliberations.
follows his line of thinking. Useful in interpretation provided they show common agreement among the members of the legislature as to
State of the Nation Address where president proposes legislative measures. Indicates his line of thinking on the meaning of an ambiguous provision
the matter. Thus, courts may refer to the message of the president to determine legislative intent because the
statute was passed in response to the president’s message Look into the end result, find out what the intent

Explanatory note.–a short exposition of explanation accompanying a proposed legislation by its author or Legislative debates, limitation.
proponent. Contains: Not safe guides to ascertain the meaning and purpose of the law. They express only the views and opinions of
¶a) Statement of the reason or purpose of the bill the individual members of the legislature and do not necessarily reflect the view of Congress as a whole.
¶b) Arguments advanced by its author in urging its passage Courts may avail themselves of the actual proceedings of the legislative body to assist in determining the
A short explanation accompanying a proposed legislation by its author construction of a statute of doubtful meaning. They may resort to the legislative deliberation in the legislature
on a bill which eventually was enacted into law to ascertain the meaning of its provisions. Thus, where there is
WHERE THERE IS AMBIGUITY IN A STATUTE OR WHERE A STATUTE IS SUSCEPTIBLE OF MORE THAN ONE doubt as to what provision of a statute means, that meaning which was put to the provision during the
INTERPRETATION, COURTS MAY RESORT TO THE EXPLANATORY NOTE TO CLARIFY THE AMBIGUITY AND legislative deliberation or discussion on the bill may be adopted.
ASCERTAIN THE PURPOSE OR INTENT OF THE STATUTE.
Note: Legislative debate- may be resorted to when there is doubt as to what a provision of a statute means.
(a) The explanatory not be used as basis for giving a statute a meaning that is inconsistent with what is However, the views expressed by the legislators during deliberations of a bill as to the bill’s purpose are not
expressed in the text of the statute. controlling in the interpretation of the law.
(b) Explanatory note is only resorted to only for clarification in case of doubt, and not where there is no
ambiguity in the law. The opinion and views expressed by the legislators during floor deliberations of a bill may not be given weight
(c) This is a mere expression of author’s views and reasons for the proposed legislation and may not at all in any of the following instances:
accordingly override the clear intent as expressed in the statute. (a) Where the circumstances indicating meaning of a statute other than that expressed by the
legislators
Explanatory note, contents. (b) Where the views expressed were conflicting
Reason or purpose of the bill (c) Where the intent deducible from such views is not clear
Arguments advanced by the author (d) Where the statute involved is free from ambiguity

Reports & Recommendation of legislative committees. WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT MATTER WERE ENACTED BY DIFFERENT
Lucrative source of information helpful in construction provided: they are recorded in the journal ASSEMBLIES, NEITHER IS QUALIFIED TO SPEAK ABOUT THE INTENT OF THE OTHER.
Limitation: Committee Reports are not controlling, may not be considered to clear an ambiguity.

Page 15 of 20
 Illustrative case: POE VS COMELEC, G.R. No. 221697, March 8, 2016 4. Opinions and rulings

Public Policy Executive construction, kinds.

Policy which induced its enactment or which was designed to be promoted is a proper subject for
consideration.
Adopted statues
 The general rule is that where local statues are pattered after or
copied from those of another country, the decision of the courts in such country
construing those laws are entitled to great weight in the interpretation of such local
statues and will be generally followed if found reasonable and in harmony with justice,
public policy and other local statues on the subject.
 Example of such statues:
RULE: An Amendment of a statute indicates a change in meaning from that which the
statute originally had.
(a) corporation law
(b) tax code

(c) labor laws
(d) naturalization law
(e) Rules of court
Limitations of the rule:
 where the local law and id the foreign statute from which the
former was patterned differ in some material aspects
 foreign construction is clearly
erroneous or has not become settled
 where the adopting state has given the statute its
own interpretation
Construction by executive officers.
(Executive Construction) is the construction by an executive or administrative officer directly called to
implement the law. The opinions and rulings of officials of the government called upon to execute or
implement administrative laws command much respect and weight. An interpretation embodied in a circular,
directive or regulation is an expressed interpretation.
1. Construction by an executive or administrative officer directly called to implement law which may be:
(a) Expressed (ex. Interpretation embodied in circulars, directive or regulation)
(b) Implied (a practice of enforcement of not applying the statute to certain situtations)
2. Construction by the Secretary of Justice in his capacity as the chief legal adviser of the government in
the form of opinions. In the absence of the ruling of a president, the opinions of Sec. of Justice is
controlling among administrative and executive officials.
3. Interpretation handed down in and adversely proceeding in the form of a ruling by an executive office
exercising quasi-judicial power.
Note: In the absence of error or abuse of power or lack of jurisdiction or grave abuse of discretion clearly
conflicting with either the letter or the spirit of a legislative enactment creating or changing a governmental
agency, the action of the agency would not be disturbed by the courts.
Reason why contemporaneous construction is given much weight: it comes from the particular branch of
government called upon to implement the law thus construed – these same people are the drafters of the law
they interpret.
When to disregard Contemporaneous construction. CC is not binding upon the court. The court may disregard
it:
1. Where there is no ambiguity in the law
2. Where the construction is clearly erroneous
3. Where strong reason to the contrary exists
4. Where the court has previously given the statue a different interpretation
If there is a error in implementation of the law, such error may be corrected. The doctrine of estoppel does
not apply.

As a rule, erroneous contemporaneous construction creates no vested right on the part of those who relied
Construction by executive officers, forms.
and followed such construction. But this rule is not absolute. There may be exceptions in the interest of justice
Executive and administrative officers are generally the very first official to interpret the law. These
and fair play (ex. Tax cases).
interpretations are in the form of:
1. Rules and regulations
Construction of executive officers, value.
2. Circulars
Considered and given weight if uniform, consistent, observed and acted on for long period of time.
3. Directives
Page 16 of 20

Opinions and rulings of officials tasked to enforce administrative laws command much respect and weight. The
duty to enforce the law, which devolves upon the executive branch of the government necessarily calls for the
interpretation of its ambiguous provisions. Thus, executive and administrative officers are generally the first
officials to interpret the law, preparatory to its enforcement and such interpretation comes in the form of
rules and regulations, circulars, directives, opinions and rulings.
Executive construction, kinds.
 Construction by an executive or administrative officer directly called to implement the law
 May be expressed or implied
 Example of expressed or implied
 Example of expressed construction – circular, directive or regulation
 Example of implied construction – non-enforcement in certain situations, or applying it in a particular
Judicial construction
manner
 It is interpretation by usage or practice
A. The power and duty to interpret or construe a statue or the Constitution belongs to the judiciary.
B. Supreme Court construes the applicable law in controversies which are ripe for judicial resolution.
C. Moot and Academic cases- cases wherein:
1. Purpose has become stale
2. Where no practical relief can be granted
3. Which have no practical effect
D. The court may nonetheless resolve a moot case where public interest requires its resolution.
E. Laws are not interpreted in a vacuum, they are always decided based on facts. Thus, “LAWS ARE
INTERPRETED ALWAYS IN THE CONTEXT OF THE PECULIAR FACTUAL SITUATION OF EACH CASE. THE
CIRCUMSTANCES OF TIME, PLACE, EVENT, PERSON AND PARTICULARLY ATTENDANT CIRCUMSTANCES
SHOULD BE TAKEN IN THEIR TOTALITY SO THAT JUSTICE CAN BE RATIONALLY AND FAIRLY DISPENSED.
(Philippines Today, Inc v NLRC)
 A judicial decision interpreting a statute is considered in construing similar subsequent statutes

Construction by the Secretary of Justice Doctrine of STARE DECISIS.

 In his or her capacity as chief legal adviser 1. Stare decisis et non quietamovere – one should follow past precedents and should not disturb what
has been settled.
Executive construction, kinds. Reason for such doctrine: the supreme court has a duty not only of interpreting and applying the law but also
 Construction by the Secretary of Justice- It is in the form of opinions issued upon request of in protecting the society from needless upheavals. Interest reipublicaeut sit finis litium – interest of then state
administrative or executive officials who enforce the law. demands that there be an end to litigation.
2. A ruling in order to come within the doctrine of stare decision must be categorically stated in the
 Construction by an executive officer exercising quasi-judicial power -It is in the form of a ruling in an
adversary proceeding issue expressly raised by the parties; must be a direct ruling.
3. Rulings that are merely sub silencioare merely OBITER DICTUM.
Legislative construction. 4. This doctrine is not absolute because Supreme Court may change or abandon a precedent enunciated
Legslative interpretation – the legislature may provide an interpretation or declaration clause in a statue but by it.
they cannot limit or restrict the power granted to courts. Doctrine of stare decises et non quietamovere.
1. While legislative interpretation is not controlling, courts may resort to it to clarify ambiguity in the  One should follow precedents and should not disturb what has been settled
language.
Doctrine of stare decisis, when applied.
2. Such legislative interpretation is entitled of respect especially if the executive department has  The ruling must be categorically stated on an issue expressly raised by the parties on an issue
similarly construed the statute. expressly raised by the parties
Legislative construction, form.  Must be a direct ruling on substantially the same facts.
 Indicated by the language of the later enactments
 May be considered, but not controlling.
 OBITER DICTUM.–an opinion of the court upon some question of law which is notnecessary to the
Judicial Construction. decision of the case before it; not binding)

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Obiter dictum or obiter dicta  It enables the court to draw inferences from legislative purpose and intent
 “other things said”  In such a way as to determine whether certain minor or specific things are covered by the general or
 a passing comment, an observation made by a judge incidental to the case being tried broad terms used in the statute
 while authoritative, is not binding on future courts under the doctrine of stare decisis
 An opinion expressed by the court upon some question of law which is not necessary to the decision Doctrine of necessary implication, reason.
of the case before it  Very rarely, if at all, are statutes framed with minute particularly as to cover every conceivable
 It is not binding as a precedent situation

Ratio decidendi or rationesdecidendi. Doctrine of necessary implication, nature of.

 “The reasons for the decision”  This is not judicial legislation, but a method of discovery of legislative intent through the logical
 Principles used by a judge when deciding process of deduction
 A statutory grant of power carries with it, by implication, everything necessary to carry out the power
Ratio decidendi or ratio decidendi or right and make it effectual and complete
 the principles create a binding precedent
 courts will have to follow the same decisioniif a case with similar facts is presented Doctrine of necessary implication, limitation.
 If it is not a part of legislative intent
obiter dictum & ratio decidendi, distinguished
 Ratio decidendi – a binding precedent CHUA VS CSC, 206 SCRA 65 (1992)
 Obiter dictum – a persuasive precedent Illustrative case: Chua vs. Civil Service Commission, GR No. 88979, February 7, 1992
Facts:
Construction by the Bar. – They are always received with great respect and consideration and may be  the Early Retirement and Voluntary Separation Law was enacted to streamline and trim down the
resorted to for the purposes of determining the meaning of the statute. bloated bureaucracy
 The meaning publicly given by the statute by long professional usage.  Section 2 states in part:
 Presumed to be true but not controlling  “the benefits under this Act shall apply to all regular, temporary, casual, and emergency employees,
regardless of age, who have rendered atleast a total of two (2) consecutive years of government
Dictionaries and textbooks. service as of the date of separation.”
 “Uniformed personnel of the Armed Forces of the Philippines including those of the PC-INP are
Dictionaries generally define words in their natural, plain and ordinary acceptance and significance. Where the
excluded from the coverage of this Act.”
law does not define the words used in a statute and the legislature has not intended a technical or special
 An employee of the National Irrigation Administration (NIA) applied to avail of early retirement but it
meaning to those words, the Court may adopt the ordinary meaning of the words as defined in the was denied.
dictionaries.  Instead, she was offered separation benefits
 She went to the Civil Service Commission (CSC) but it affirmed the decision of NIA.
Determine the meaning to be assigned to words of common usage or technical terms.  She moved to reconsider but was still denied.
Contention of the CSC:
Illustrative case: ZARI V FLORES, 94 SCRA 319 (1979  The employment is co-terminous with a project, which is contractual in nature.
Doctrine of implications and inferences.  As such, she is not one of those enumerated in the law, namely, regular, temporary, casual, and
Doctrine of necessary implication & inferences emergency employees.
 That which is implied in the statute is much a part of it as that which is expressed  Thus, she is not covered by the law pursuant to the statutory construction principle of expression
uniusest exclusion alterius.
Doctrine of necessary implication, purpose.

Page 18 of 20
  The objective of the Separation Law is not really to grant separation or retirement benefits but
reorganization to streamline government functions.
Contention of the employee:
 the implementing guidelines of the Early Retirement Law enumerates employees who are excluded
from the coverage.
 They are experts and consultants, uniformed military and police personnel, appointed officials and
employees, officials and employees who retired voluntarily prior to the law or those with pending
cases punishable by mandatory separation from service.
 She does not belong to any of the excluded employees, hence she is included.
Held:
 There is no substantial difference between contractual, casual and emergency employees.
 A co-terminous employee is non-career civil servant, just like casual and emergency employees.
 It may be argued that Congress would not have specifically enumerated that employees to be
covered had not the intention been to restrict its meaning and confine its terms and benefits to the
people expression uniusest exclusion alterius.
 It may also be argued that a person, object or thing omitted from an enumeration must be held to
have been omitted intentionally
 Pursuant to the principle casus omissus pro omissohabendus est.
 But adherace to these legal maxims results in incongruity and violates the equal protection clause of
the Constitution.
 The Maxim expression uniusest exclusion alteriusdoes not apply, but the doctrine of necessary
implication
 It says every statute is understood, by implication, to contain all such provisions as may be
necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or
jurisdiction which it grants, including all such collateral and subsidiary consequences as may be
fairly and logically inferred from its terms.
 the denial of the application is unreasonable, unjustified and oppressive.
 The application should be granted in the interest of substantial justice, after all, the employee served
form almost 15 years.
CoA v PROVINCE OF CEBU, G.R. No. 141386, November 29, 2001
Illustrative case: COA vs. Province of Cebu, GR No. 141386, November 29, 2001.
Facts:
 The Governor of Cebu appointed teachers who have no item in the DepEdplantillato handle
extension classes to accommodate students in public schools.
 The salaries and personnel-related benefits of these teachers were charged against the Special
Education Fund (SEF)
 Also charged against the SEF are scholarship grants of the province
 The CoA suspended the disbursement because salaries and grants are not chargeable against the SEF.
Page 19 of 20
Contention of CoA:
 Section 100(c)2 of the Local Government Code provides:
 “the annual school board budget shall give priority to the following: x x x
 Establishment and maintenance of extension classes where necessary;”
 The legal maxim “expressiouniusest exclusion alterius” applies
 Since salaries, personnel-related benefits and scholarship grants are not among those authorized as
lawful expenditures of the SEF under the Local Governement Code, they should be deemed excluded.
Held:
 The contention of CoA is without merit
 It is an elementary rule in statutory construction that legislative intent controls interpretation of a
statute.
 Under the doctrine of necessary implication, the authority to open extension classes chargeable
against the SEF logically includes hiring of teachers and payment of their salaries and other benefits,
even if hiring and payment were not specifically mentioned in the law.
 The service and salaries of these teachers are necessary and indispensable to establish and maintain
extension classes.
 Every statute is understood, by implication, to contain all such provisions as may be necessary to
effectuate its object and purpose,
 Or to make effective rights, powers, privileges or jurisdiction which it grants, including all such
collateral and subsidiary consequences as may be fairly and logically inferred from its terms.
 But a scholarship grant is neither necessary not indispensable to the operation and maintenance of
public schools.
Hence, the doctrine of necessary implication does not apply to it
Restrictions on the doctrine.
Presumptions in aid of construction.
The courts may properly rely on presumptions as to legislative intent to resolve doubts as to its correct
interpretation.
Presumptions, basis.
 Logic, experience and common sense.
Presumptions, when applied.
 When there is doubt as to legislative intent
 And such doubt should be resolved in favor of that construction which is in accord with the
presumption on the matter
Presumptions, examples.
 Congress acted within the scope of its authority
 Against violation of international law
 Againstextra-territorial operation of statutes
 Against unconstitutionality
 Against extra-territorial operation of statutes
 Against unconstitutionality
 Against inconsistency, injustice
 Motive of Congress
 In favor of beneficial operation of statutes
 Against inconvenience, absurdity, and ineffectiveness of statutes
 As to public policy
 Against irrepealable laws, repeal, unnecessary changes in the laws, implied repeals
 Acquiescence to judicial construction
 As to existing laws
 As to jurisdiction of courts

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