STATUTORY CONSTRUCTION

- It is the art or process of discovering and expounding the meaning and intention of the authors of the law with
respect to its application to a given case.

Construction – it is the drawing of conclusion with respect to the subject that is beyond the expression of the text
from the elements given and known in the text.

Interpretation – it is discovering the true meaning of the language used.

- When the law is clear and unambiguous, the law must be applied.
- When there is ambiguity, rules of statutory construction applies.
o Requisites where statutory construction applies.
 If there is ambiguity in the law.
 There must be an actual case or controversy.
- Rules of Statutory Construction.
o Legislative Intent.
 The object of all interpretation and construction is to be ascertain the meaning and intention of the
Legislature, to the end that it may be enforced.
 In order to determine the true intent of the legislature, the particular clauses or phrases of the
statute must not be taken out as detached and isolated expressions, but the whole and every part
must be considered.
o Use the Language of the Statute.
 Verba Legis (plain meaning rule).
 Primary Rule – Statute must be given its literal meaning and applied without interpretation.
 Examine the law itself to see what it plainly says.
 Ut Res Magis Valem Quam Pereat (statute as a whole).
 The consideration of the statute as a whole and not merely a particular provision.
 Two Conflicting Statutory Interpretations.
 Between two statutory interpretations, that which better serves the purpose of the Law
should prevail.
 Casus Omissus Pro Omisso Habendus Est (a case omitted is to be held intentionally omitted).
 If a person or object or thing is omitted from being enumerated in a statute, it must be held
or considered to have been omitted intentionally.
 If it is not intentionally omitted, it is not deemed omitted.
 This can operate and apply only if and only when the omission has been clearly established.
 Such omission or defects cannot be supplied by the court.
 However, if it defeats the purpose of the Legislative Intent, this does not apply.
 Expressio Unius Est Exclusio Alterius (an explicit mention of one <thing> is the exclusion of
another).
 When one or more things of a class are expressly mentioned others of the same class are
excluded.
 Doctrine of Necessary Implication.
 What is implied in a statute is as much a part thereof as that which is expressed.
 Stare Decisis Et Non Quieta Movere (to stand by and adhere to decisions and not disturb what is
settled).
 To adhere to precedents which are established.
 Stare Decisis – follow past precedents; to promote stability and uniformity in legal system.
 Four Corners Rule.
 Principle which allows courts to search beneath the semantic surface for clues and
meaning.
 Ubi Lex Non Distinguit Nec Nos Distinguere Debemos (where the law does not distinguish, the
courts should not distinguish).
 When the law does not distinguish, neither do the courts.
 The principle that general words and phrases of the statute should ordinarily be accorded
their natural and general significance.
 Exceptions in a Statute.
 When the law does not make any exceptions courts may not exempt something, unless
there is a compelling reason apparent in the law to justify.
 General and Special Terms.
 General terms.
o In a statute are to receive a general construction, unless restrained by the context
or by plain inferences from the scope or purpose of the Act.
o General terms or provisions in a statute may be restrained and limited by specific
terms or provisions with which they are associated.
  Special terms.
o In a statute may sometimes be expanded to a general signification by the
consideration that the reason of the law is general.
 This rule is applicable only to cases wherein, except for general term, all the items in an
enumeration belong to or fall under one specific class.
 Ejusdem Generis (general terms following special terms).
 Where general words follow an enumeration of persons or things, by words of a particular
and specific meaning, such general words are not to be construed in their widest extent,
but are to be held as applying only to persons or things of the same general kind or class as
those specifically mentioned.
 Noscitur Sociis (associated words).
 When the words of the statute is vague or ambiguous, its meaning may be made clear by
considering the company in which it is found and the meaning of the terms which are
associated with it.
 Use of Negative Words.
 Negative words or phrases regarded as mandatory while those affirmative are mere
directory (shall not/must not – mandatory).
 Use of Words.
 “May” and “Shall”.
o “May”, is permissible and directory in nature.
o “Shall”, is imperative and mandatory
 “Must”.
o “Must”, is not always imperative and may be consistent with an exercise of
discretion.
 “And” and “Or”.
o “And”, is conjunction connecting words or phrases expressing the idea to be added
or taken along.
 It does not mean to separate words or phrases instead to denote a joinder
or union.
o “Or”, is a disjunction use to express an alternative or to give a choice of ONE among
two or more things.
 Word to indicate an alternative between different and unlike things.
 “Only”.
o “Only”, means exclusive; only one.
 Use of Proviso.
 The use of proviso should be limited to its normal function, which is to restrict or vary the
operation of the principal clause, RATHER THAN EXPAND ITS SCOPE.
o Spirit and Purpose of the Law / Reason of the Law.
 Law should be construed according to its Spirit and Reason.
 When the interpretation of the law according to the exact and literal import of its words would lead
to absurd or mischievous consequences; or would contravene the main purpose of the legislature
in its enactment.
o Presumptions.
 Presumption in favor of Effectivity.
 Presumption in favor of Constitutionality.
 Presumption against Implied Repeal.
 Presumption against Absurdity.
 Presumption against Violation of International Law.

Parts of a Statute.
- Title.
- Preamble.
- Enacting Caluse.
- Body.
- Repealing Clause.
- Saving Clause.
- Separability Clause.
- Effectivity Clause.

Statute – A written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of
the state.

Statute Law – It includes not only the statute but also the judicial interpretation and application of the enactment.
Bill – A draft of a proposed Law.
Act – A Bill after it is being acted upon and passed by the Legislature.

How a Bill becomes a Law.

1. A member of the House of Representatives may introduce a proposed bill to the Speaker of the House who
will calendar for the first reading.
2. In the first reading, the bill is read by its number and title only.
3. After the first reading, the bill is referred by the Speaker to the appropriate committee for study – public
hearing; persons, parties, organizations involve; reaction and feelings on the proposed bill; pros/cons.
After public hearing, committee shall decide whether to report favorably or not to report bill
favorably, or a substitute bill should be considered.
NOTE: If the report is unfavorable, the proposed bill is dead.
4. Upon favorable, the proposed bill is returned and shall be calendared for the second reading.
5. In the second reading, the bill is read in its entirety.
6. Right after the second reading, the bill is set for open debates where the assembly may propose
amendments and insertions to the proposed bill.
NOTE: After the amendments and the insertions to the proposed bill, the ideal bill in which the author has
proposed may no longer be the ideal bill or vice versa, the bill may become a better bill after debates and
deliberations.
7. After the approval of the bill in the second reading and at least 3 calendar days before its final passage, the
bill is printed in its final form and copies are distributed to the House of Representatives.
8. The bill is then calendared for it the third and final reading. At this stage, no amendments shall be allowed.
Only the title of the bill is read and the House of the Representatives will then vote on the bill. The yeas
and nays will be entered in the journal.
NOTE: There should be a quorum (sufficient number of members to transact its daily business.
NOTE: If the NO vote wins, the proposed bill is dead.
9. After the third and final reading in the House of Representatives, it will now be forwarded to the Senate
and will undergo the same process of another three readings on separate days.
10. After the bill has been finally passed, it will be submitted to the President for his approval. If he approves,
he shall sign it, otherwise, he shall veto and return the same to the House of Representatives with his
objections.
11. Then the bill shall be effective after 15 days following the completion of publication to the Official Gazette
and a Newspaper of general circulation in the Philippines, unless it is otherwise provided in the Law.
Concept of Conflicting Statutes
1. Statutes in Pari Materia (Laws versus Laws)
*Conflict
2. Implied Repeals
3. General versus Special Statutes
* General Provision of a Special Law versus Particular Provision of a General Law
* Special Law with a general subject versus General Law with particular provision
4. Statute versus Ordinance
5. Former versus Latest Statutes
6. Constitution versus Statute
7. Substantive versus Procedural Law
8. Proviso versus Body of a Statute
9. Provisions versus Provisions
* Statute as a Whole
10. Administrative Circular versus Statute