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StatCon Reviewer Internet
The art or process of discovering and expounding the meaning and intention of the
authors of law, where that intention is rendered doubtful by reason of the ambiguity in
its language or the fact that the given case is not explicitly provided for in the law.
Purpose: to ascertain and give effect to the intent of the law, to determine legislative
intent.
These are tools used to ascertain legislative intent. They are not rules but mere axioms
of experience.
Legislative Intent
The essence of the law. The intent of the legislature is the law, and the key to, and the
controlling factor in, its construction and interpretation.
The primary source of legislative intent is the statute itself.
Where the words or phrases of a statute are not obscure or ambiguous, its meaning and
the intention of the legislature must be determined from the language employed.
Legislative Purpose
Legislative Meaning
What the law, by its language, means: what it comprehends, what it covers or embraces,
what it limits or confines.
The duty and power to interpret or construe a statute or the Constitution belongs to the
judiciary.
The SC construes the applicable law in controversies which are ripe for judicial
resolution.
The court does not interpret law in a vacuum.
The legislature has no power to overrule the interpretation or construction of a statute
or the Constitution by the Supreme Court, for interpretation is a judicial function
assigned to the latter by the fundamental law.
The SC may, in an appropriate case, change or overrule its previous construction.
A condition sine qua non before the court may construe or interpret a statute, is that
there be doubt or ambiguity in its language. The province of construction lies wholly
within the domain of ambiguity. Where there is no ambiguity in the words of a statute,
there is no room for construction.
AIDS TO CONSTRUCTION
To ascertain the true intent of the statute, the court may avail of intrinsic aids, or those
found in the printed page of the statute, and extrinsic aids, those extraneous facts and
circumstances outside the printed page.
Title
The title may indicate the legislative extent or restrict the scope of the law, and a statute
couched in a language of doubtful import will be construed to conform to the legislative
intent as disclosed in its title.
When the text of the statute is clear and free form doubt, it is improper to resort to its
title to make it obscure.
Preamble
That part of the statute written immediately after its title, which states the purpose,
reason or justification for the enactment of a law. It is usually expressed in the form of
“whereas” clauses.
It is not an essential part of the statute. But it may, when the statute is ambiguous, be
resorted to clarify the ambiguity, as a key to open the minds of the lawmakers as to the
purpose of the statute.
Punctuation marks
Punctuation marks are aids of low degree; they are not parts of the statute nor the
English language.
Where there is, however, an ambiguity in a statute which may be partially or wholly
solved by a punctuation mark, it may be considered in the construction of a statute.
Capitalization of letters
An aid of low degree in the construction of statutes.
Headnotes or epigraphs
These are convenient index to the contents of the provisions of a statute; they may be
consulted in case of doubt in interpretation.
They are not entitled to much weight.
Lingual text
Unless otherwise provided, where a statute is officially promulgated in English and
Spanish, the English text shall govern, but in case of ambiguity, omission or mistake, the
Spanish may be consulted to explain the English text.
The language in which a statute is written prevails over its translation.
Policy of law
A statute of doubtful meaning must be given a construction that will promote public
policy.
Dictionaries
While definitions given by lexicographers are not binding, courts have adopted, in
proper cases, such definitions to support their conclusion as to the meaning of the
particular words used in a statute.
Presumptions
Based on logic, common sense; eg. Presumption of constitutionality, completeness,
prospective application, right and justice, etc.
LEGISLATIVE HISTORY
Explanatory note
A short exposition of explanation accompanying a proposed legislation by its author or
proponent. It contains statements of the reason or purpose of the bill, as well as
arguments advanced by its author in urging its passage.
Legislative debates, views and deliberations
Where there is doubt as to what a provision of a statute means, that meaning which was
put to the provision during the legislative deliberation or discussion on the bill may be
adopted.
Reports of commissions
In construing the provisions of the code as thus enacted, courts may properly refer to
the reports of the commission that drafted the code in aid of clarifying ambiguities
therein.
Amendment by deletion
The amendment statute should be given a construction different from that previous to
its amendment.
Adopted statutes
Where local statutes are patterned after or copied from those of another country, the
decisions of courts in such country construing those laws are entitled to great weight in
the interpretation of such local statutes.
CONTEMPORARY CONSTRUCTION
The constructions placed upon statutes at the time of, or after, their enactment by the
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, such as draftsmen and bill sponsors.
The contemporary construction is the strongest in law.
Construction by the Sec. of Justice as his capacity as the chief legal adviser of the
government
In the form of opinions issued upon request of administrative or executive officials who
enforce the law.
President or Executive Secretary has the power to modify or alter or reverse the
construction given by a department secretary.
Legislative interpretation
Legislative interpretation of a statute is not controlling, but the courts may resort to it to
clarify ambiguity in the language thereof.
Legislative approval
Reenactment
The most common act of legislative approval; the reenactment of a statute, previously
given a contemporaneous construction, is a persuasive indication of the adaptation by
the legislature of the prior construction.
Stare Decisis
LITERAL INTERPRETATION
If a statute is clear, plain and free from ambiguity, it must be given its literal meaning
and applied without attempted interpretation. Verba legis non est recedendum, from
the words of a statute there should be no departure.
The law is harsh, but it is still the law. It must be applied regardless of who may be
affected, even if it may be harsh or onerous.
When the language of the law is clear, no explanation of it is required.
When what the legislature had in mind is not accurately reflected in the language of the
statute, resort is had to the principle that the spirit of the law controls its letter. Ratio
legis, interpretation according to the spirit of the law.
The intention of the legislature and its purpose or object controls the interpretation of
particular language of a statute.
Words ought to be more subservient to the intent and not the intent to the words.
Statutes should be construed in the light of the object to be achieved and the evil or
mischief to be suppressed, and they should be given construction as will advance the
object, suppress the mischief, and secure the benefits intended.
When reason of law ceases, law itself ceases
Reason for the law is the heart of the law. When the reason of the law ceases, the law
itself ceases. The reason of the law is its soul.
Where a literal import of the language of the statute shows that words have been
omitted that should have been in the statute in order to carry out its intent and spirit,
clearly ascertainable from its context, the courts may supply the omission to make the
statute conform to the obvious intent of the legislature or to prevent the act from being
absurd.
In order to carry out the intent of the legislature, the court may correct clerical errors,
which, uncorrected, would render the statute meaningless.
Courts are not to give a statute a meaning that would lead to absurdities. Where there is
ambiguity, such interpretation as will avoid inconvenience and absurdity is to be
adopted.
Constructing to avoid injustice
Where great inconvenience will result, or great public interest will be endangered or
sacrificed, or great mischief done, from a particular construction of the statute, such
construction should be avoided.
In case of doubt in the interpretation and application of the law, it is presumed that the
lawmaking body intended right and justice to prevail.
The fact that the statute is silent, obscure or insufficient with respect to a question
before a court will not justify the latter from declining judgment. That one is perceived
to tip the scales which the court believes will best promote the public welfare in its
probable operation.
Surplusage and superfluity disregarded
The statute should be construed in accordance with the evident intent of the legislature
without regard to the rejected word, phrase or clause.
While the general rule is that every effort should be made to give some meaning to
every part of the statute, there is no obligation to give every redundant word or phrase
a special significance, contrary to the manifest intention of the legislature.
Neither does false description neither preclude construction nor vitiate the meaning of
a statute which is otherwise unclear.
Every rule is not without an exception. Where rigorous application may lead to injustice,
the general rule should yield to occasional exceptions.
When the context of the statute indicates, words in plural include the singular, vice
versa.
The masculine but not the feminine includes all genders, unless the context indicates
otherwise.
IMPLICATIONS
No statute can be enacted that can provide all the details involved in its application.
What is implied in a statute is as much a part thereof as that which is expressed.
Grant of jurisdiction
The jurisdiction to hear and decide cases is conferred only by the Constitution or by
statute. The grant of jurisdiction to try actions carries with it all necessary and
incidental powers to employ all writs, processes and other means essential to make its
jurisdiction effective.
Where a general power is conferred or duty enjoined, every particular power necessary
for the exercise of one of the performance of the other is also conferred.
The foregoing principle implies the exclusion of those which are greater than conferred.
The statutory grant of power does not include such incidental power which cannot be
exercised without violating the Constitution, the statute granting power, or other laws
of the same subject.
Unless a statute expressly so authorizes, no claim against public finds may be allowed.
Where a statute prohibits the doing of an act, the act done in violation thereof is by
implication null and void. No man can be allowed to found a claim upon his own
wrongdoing or inequity. No man should be allowed to take advantage of his own wrong.
In Pari Delicto
It will not apply when its enforcement or application will violate an avowed
fundamental policy or public interest
When the transaction is not illegal per se but merely prohibited, and the prohibition by
law is designed for the protection of one party
What cannot be done directly cannot be done indirectly
What the law prohibits cannot, in some other way, be legally accomplished.