• __

STATUTORY CONSTRUCTION
language” used, that is, the
meaning which the authors of the
NATURE AND PURPOSE law “designed” to convey to
others
---------------------------------------------------------
As to aids or tools used, the while the latter involves using
STATUTORY CONSTRUCTION – the art or process of discovering
former makes use of intrinsic aids extrinsic aids or those found
and expounding the meaning and intention of the authors of
or those found in the statute itself outside the written language of
the law with respect to its application to a given case, where (e.g. language used) the law.
that intention is rendered doubtful, among others, by reason
of the fact that the given case is not explicitly provided for in
the law. As to requisites, both require ambiguity to exist.

The subject is also called LEGAL HERMENEUTICS - is the As to objective, both aims to ascertain legislative intent.
systematic body of rules which are recognized as applicable
to the construction and interpretation of legal writings. As to sequence, the former is while the latter is utilized only after
utilized first to ascertain legislative the former failed to accomplish
intent using intrinsic aids such ascertaining. Thereby,
JUDICIAL LEGISLATION by excision
extrinsic aids are explored.
- Where legislature attempts to do several things one which is
invalid, it may be discarded if the remainder of the act is
workable and in no way depends upon the invalid portion,
but if that portion is an integral part of the act, and its excision CLASSIFICATIONS OF CONSTRUCTION
changes the manifest intent of the act by broadening its ACRONYM: FLEEPC
scope to include subject matter or territory which was not F - Free/unrestricted interpretation – proceeds simply on the
included therein as enacted, such excision is “judicial general principles of interpretation in good faith, not bound
legislation” and not “statutory construction”. by any specific or superior principle.
L - Limited/restricted interpretation - influenced by other
JUDICIAL LEGISLATION principles than the strictly hermeneutic ones.
me: - takes place when the judiciary discards an invalid E - Extensive/Liberal interpretation – also called as liberal
portion of an act, but that portion is an integral part of the interpretation, it adopts a more comprehensive signification
act, and its excision changes the manifest intent the act by of the words.
broadening its scope to include subject matter/territory which E - Extravagant interpretation – substitutes a meaning
was not included therein as enacted. evidently beyond the true one. It is therefore not genuine
interpretation.
- is defined as the move of a court to step in to craft missing P - Predestined interpretation – takes place when the
parts, to fill in the gaps in laws, or when it oversteps its interpreter, laboring under a strong bias of mind, makes the
discretional boundaries and goes beyond the law to coin text subservient to his preconceived views and desires.
doctrines or principles which are not previously established. C - Close/literal interpretation – adopted if just reasons
connected with the character and formation of the text
INTERPRETATION Art or process of discovering and expounding induce as to take the words in the narrowest meaning. This is
on the intended signification of the language used, that is, generally known as “literal” interpretation.
the meaning which the authors of the law designed to
convey to others. Uses intrinsic aids.
CHARACTERISTICS OF CONSTRUCTION ARE AS FOLLOWS;
1. Construction is art or process NOT an exact science. It is
a mistake to assume that the judiciary has a single,
Statutory Construction Judicial Legislation
unifying and consistent theory of construction.
if the remainder of the act is if that portion is an integral part of - As oppose to being an exact science means
workable and in no way depends the act, and its excision changes
that canons of construction should be
upon the invalid portion, the manifest intent of the act
considered as auxiliary rules of construction
Statutory Construction would, for Judicial Legislation,. for such which are neither universal nor conclusive in
such invalid part. as long as invalid part, to make it work, application, and thus, must always be
independent, simply discard it broadens the scope of the
checked against legislative intent.
portion to include subject matter
or territory which was not - It is a mistake to assume that the judiciary has
included therein as enacted a single, unifying and consistent theory of
construction. In determining legislative intent,
means can vary, with one principle
Interpretation Construction
construction preferable over another.
Interpretation is art or process of ibid 2. Construction’s consistent objective and purpose, which
discovering and expounding on shalll guide any principle of construction, is the
the intended “signification of the determination of legislative intent.
• __

- It is a cardinal rule that, in seeking the

meaning of the law, the first concern of the
judge should be to discover in its provisions
the intent of the lawmaker.
3. Construction becomes necessary when legislative
intent cannot be readily ascertained from the words
used in the law as applied under a set of facts.
4. Construction is a Judicial function.
- Defining and interpreting the law is a judicial
function and the legislative branch may not
limit or restrict the power granted to the
courts by the Constitution (the interpretation
and application of said laws belong
exclusively to the Judicial department.)

TESTS OF AMBIGUITY

1. When the statute is capable of two or more reasonable

interpretations, such that men of common intelligence must
necessarily guess at its meaning and differ as to its application
(Test of Multiple Interpretations)

2. When literal application is impossible or inadequate (Test of

Impossibility)

3. When literal interpretation of the statute leads to an unjust,

absurd, unreasonable or mischievous result, or one at
variance with the policy of the legislation as a whole. (Test of
Absurdity or Unreasonableness)

The object of all judicial interpretation of a statute is to

determine legislative intent, either expressly or impliedly, by the
language used; to determine the meaning and will of the law
making body and discover its true interpretations of law.

AIDS TO INTERPRETATION AND CONSTRUCTION

In determining the intention of the legislature, the

courts may use any of the following:

1. INTRINSIC AIDS - Elements found in the law itself

2. EXTRINSIC AIDS - Facts or matters not found in the
law.
3. PRESUMPTIONS - Based on logic or established
provision of law.

Resort first to intrinsic aids before resolving to

extrinsic aids and before indulging in presumptions.

WHAT ARE INTRINSIC AIDS?

- TITLE, PREAMBLE, WORDS, PHRASES AND
SENTENCES; CONTEXT, PUNCTUATION; HEADINGS
AND MARGINAL NOTE; LEGISLATIVE DEFINITION AND
INTERPRETATION CLAUSES