1 Statutory
INSTRINSIC AIDS 4.
Intrinsic Aids
 They are tools that one uses to interpret
the provisions of the law.
 They are found within the statute itself.
Initial Considerations
Observe the language of the law, treat its provisions
in connection with other provisions found within
the law and ascertain legislative intent through the
following:
1. Verba legis
 If clear, plain and free from ambiguity, it
must be given its literal meaning and
applied without interpretation.
 Also known as plain-meaning rule.
 index animi servo or speech is the index of
the mind
 Verba legis non est recedendum or from
the words of the statute, there can be no
departure.
 Construction and interpretation come only
after it has been demonstrated that
application would be impossible without
them. They are the very last function that
the court should exercise.
 If the language is clear and unequivocal,
there is no more need for intrinsic aids as
there is no need to interpret.
2. Contextual Treatment
 To discover the general legislative intent,
the whole statute must be considered.
 Every part of the statute must be
considered together with other parts and
kept them subservient to the general intent
of the whole enactment.
 Ut magis valeat quam pereat or the
construction to be sought is the one which
gives effect to the whole of the statute- its
every word.
3. Legislative Intent
 The object of all interpretation and
construction of law is to ascertain the
meaning and intention of the legislature, to
the end that the same may be enforced.
 Principally, legislative intent is determined
through the language of the law. Index
animi servo.
Four Corners of the Statute
1. Title
2. Body
3. Repealing Clause
Effectivity Clause
The Title
Article VI Section 26 (1) of 1987 Constitution
Every law passed by congress shall have only one
subject matter which shall be embraced in the title
thereof.
 Title provides an insight as to the content
of the instrument as well as to its
legislative intent.
 Proposed bill is usually accompanied by
Explanatory note which explains the reason
behind the proposed bill.
 Preamble is usually contained in older laws.
They do not form part of the law as they
cannot control the specific terms of the
statute. Their main purpose is the same
with Explanatory note.
The Body
 The text of the law is considered the
intrinsic aid.
 In interpreting the body, one may adopt
either a liberal or strict interpretation.
 If the law is clear and unequivocal, it must
be applied regardless of its effect. Dura lex
sed lex.
 If there is ambiguity, and in interpreting
according to the exact and literal meaning
of words, it would result to absurd and
mischievous consequences, or the intent of
the legislature would be defeated, then, it
shall be interpreted in accordance with the
spirit of the law.
Tools:
1. Cassus Omissus
 Cassus omissus pro omisso habendus est
or cases omitted is to be held intentionally
omitted.
 When the statute makes specific provisions
as to enumerate cases or objects but omits
a case or object within the general scope of
the statute, it must to be held as omitted
intentionally.
 The High courts are not at liberty to supply
the omissions in the statutes as it would
constitute an encroachment upon the field
of legislation.
2. Stare Decisis
 Stare decisis et non quieta movere
 Article 8, New Civil Code
3. Distinctions
 2 Statutory
 Ubi lex non distinguit nec nos distinguere  May- permissible
debemus.  Positive prohibition couched in negative
 When the law does not distinguish, the words importing that act shall not be done
court should not distinguish. otherwise than designated is Mandatory.
 The general words and phrases of the 11. Conjunctive and Disjunctive words
statute should ordinarily be accorded their  Or- a disjunctive term signifying
natural and general significance. dissociation and independence of one thing
4. Exceptions (provisos) from others; to give choice or alternative
 Exceptio probat regulam de rebus non  And- a conjunction used to denote union
exceptis. or joinder.
 Exceptions prove rules on things not 12. Computation of Time
excepted.  Article 13 of New Civil Code
 Every rule is subject to its own exception  Section 31, Chapter VIII, Book 1 of
and every exception is a rule. Administrative Code
 When the law does not make an exception, 13. Function of Proviso (Provided)
the courts should not make an exception,  It qualifies the operation or effectivity of a
unless there is a compelling reason to do particular provision.
so.  Proviso is a clause or part of a clause
5. General and Special terms whose purpose is to:
 General terms are to receive general i. Except something
ii. To qualify or restrain its generality
construction unless, retained by the
iii. To exclude some possible ground of
context or by plain inferences from the
misinterpretation of its extent.
scope or purpose of the law.
 Provsiso vs Body- the former prevails being
 Special terms may be expanded to general
the latest expression of will of legislature.
signification by the consideration that the
reason of the law is general.
 When a statute defines the particular
TREATMENT
words and phrases it uses, the legislative
definition controls the meaning of the
Strict Construction
statutory word, irrespective of any other
meaning the word or phrase may have in  Statutes will not be enlarged by
its ordinary or usual sense.
implications or intendment beyond the fair
6. Ejusdem Generis
meaning of the language thereof.
 When certain things are enumerated, and
then a certain phares is used which might Liberal Construction
be construed to include other things, it is
usually confined to ejusdem generis or of  Ratio legis est anima (the spirit or reason
the same kind with regard to the preceding of the law is its soul)
words.  The intention of the law is usually found
7. Inclusio Unios
not in the letter that killeth but in the spirit
 The express mention of one person, thing
that vivfieth.
or consequence is tantamount to express
of exclusion of all others Treatment:
 Exception: when would result of injustice or
when exclusion has nothing to do with the Law Strict Liberal
purpose or if it is only by way of example. Criminal Law Against the In favor of the
8. Associated Words Government accused
 Noscitur sociis Tax Laws Against the In favor of the
 When a word is ambiguous, its meaning Government tax payer
can be ascertained from its associates. Tax exemption Against the tax In favor of the
9. Negative Words payer Government
 Mandatory Political Laws Treatment depends.
 Affirmative words are directory. -Naturalization In favor of the
 Penal statutes are strictly against Law government
government and liberally in favor of the Against the
accused. applicant
10. Mandatory and Directory words In favor of the
 Shall- mandatory people
 3 Statutory
-Suffrage To be strictly  2 elements of Legal acts: Internal
construed (intention) and external (expression).
-Statutory Failure of the latter defeats the former.
In favor of
provisions 2. Contemporaneous Construction
grantees  Contempraea exposito est optima
waiving state
In favor of Local
immunity fortissimo in lege. Contemporary
Government
-Agrarian Laws application is the best and strongest
-Ordinance means of understanding the law.
Commercial  It pertains to the construction (or
Laws Intention of the contracting parties sometimes rulings/opinions if quasi-
-Contracts: should prevail judicial bodies) made by the officers or
Against the In favor of the bodies (executive construction) often
-Insurance insurer insured tasked to implement the law.
(beneficiary)  It is used only and only when, in case
Labor and In favor of the of substantial doubt and ambiguity.
Social safety and  Not binding to courts and may be
Legislation decent living of rejected if found erroneous.
laborers. 3. Jurisprudence
Rules of Court To be liberally  serve as guidance
construed in  It includes judicial notice.
order to 4. Legal Materials
promote their  They pertain to published articles,
objective and books, treatise by people considered as
securing a just, experts in their field. Examples are as
speedy and follows:
inexpensive i. Legal Dictionary and
disposition of Encyclopedia such as Black’s
every action and Law Dictionary, Philippine Legal
proceeding. Dictionary and Bouvier’s Law
Dictionary.


Administrative
ii. Law Books (e.g. SCRA of
rules of
Centralbooks)
procedure
iii. Legal Treatise pertains to
(Article 7, par
academic paper written by
2)
experts in their respective
fields of law.
iv. Official Statements and
EXTRINSIC AIDS
Opinions refer to published
official statements made by
Extrinsic Aids officials in the course of their
official duties. Examples are
 They are tools in the construction of
opinions rendered by the
statute that are found beyond the statute
Secretary Justice on issues of
itself- from outside sources.
laws and circulars or
 They are resorted to only upon conclusion
memoranda issued by the
that the ambiguity remains upon
Commissioner of Internal
exhausting all available intrinsic aids.
Revenue regarding the
treatment and application of
Tools NIRC.
v. Law Journals are publications
1. Legislative History made by law schools or
 It refers to the deliberations made organizations showcasing
during the process wherein the commentaries or legal opinions
proposed bill is carried throughout the made by its faculty or
Congress. members. (like novel issue of
 They may be found in journals, records law or recently decided cases)
and minutes of the meetings of the vi. Foreign jurisdictions pertain
committees. to decisions handed by courts
 4 Statutory
of foreign decisions. They are
at most persuasive.

EFFECTIVITY AND APPLICATION

Article 2 of the New Civil Code

Laws shall take effect after 15 days following the

completion of their publication either in the official
gazette or in a newspaper of general circulation in the
Philippines unless it is otherwise provided.

Article 4 of the New Civil Code

Laws shall have no retroactive effect, unless the

contrary is provided.

Curative Application

 Laws whose principal purpose is to cure

errors and irregularities in prior
enactments and in administrative
proceedings.
 They are designed to give effect to
contracts and other transactions
between private parties which
otherwise would fail of producing
intended consequences by reason of
some statutory disability or failure to
comply with some technical
requirement.
 5 Statutory
INCOMPATIBILTY
Incompatibility
 It arises when a single or two laws
dealing with the same subject matter
but with conflicting provisions as far as
the treatment and application of right.
 In such case, the initial task of the
court is to reconcile them.
Provisions vis-à-vis Provisions
Maxim: ut magis valeat quam pereat
Test:
1. Do they conform to the constitution?
2. Do they conform to the intent of the
entire law?
3. Do they conform to the legislative
intent?
4. Do they promote justice?
Particular vs General – former is operative; latter takes
effect in cases when not within the scope of particular
enactment.
Laws vis-à-vis Constitution
See Article 7 of New Civil Code and Manila Prince Hotel
vs GSIS
Laws vis-à-vis Laws
 Particular law should prevail.
 Subsequent law repeals prior laws
 See Article 7 of NCC
 Same test with Provisions vis-à-vis
Provisions.
General Law vis-à-vis Special Law
Generalia specialibus non derogant.
 General things to do not derogate
things special. If the statutes are
irreconcilable, general statute must
give way to the special or particular
provisions as an exception to the
general provisions. (even if the later
legislation is the general one)
Laws vis-à-vis Ordinances
In order to be valid, an ordinance must be within the
corporate powers of local government unit but also,
must conform to the following substantive
requirements: G R O U P C
C Must not contravene the Constitution
any statute.
O Must not be unfair or oppressive
P Must not be partial or discriminatory.
R Must not prohibit but may regulate
trade
G Must be general and consistent with
the public policy
U Must not be unreasonable
GENERAL CONSIDERATIONS
Statutory Construction
It is a branch of law dealing with the
interpretation of laws enacted by a legislature. A
judicial function required when a statute is invoked and
different interpretations are in contention. (Balck’s Law
Dictionary)
Interpretation
It is the drawing of the true nature, meaning
and intent of the law through an examination of its
provisions.
Construction
The process of using tools, aid, references
extant from the law in order to ascertain its true
nature, meaning and intent.
Judicial Review
Article VIII of 1987 Constitution provides that:
Judicial power includes duty of the courts to
settle actual controversies involving rights which are
legally demandable and enforceable and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
government.
Requisites:
1. An actual and appropriate case or
controversy
2. A personal and substantial interest of
the party raising the constitutional
question
3. The exercise of judicial review is
pleaded at the earliest opportunity
4. The constitutional question raised is
the very lis mota of the case.
6 Statutory
 7 Statutory
PRESUMPTIONS
Presumptions
They serve as guide to ensure that the
interpretation or construction of a law or instrument
conform to the Constitution and that would further
bring out the intent behind the law.
1. Valid
 Laws are presumed to be constitutional
 Corollary presumption is that the
Congress did not exceed its powers in
enacting the law and in accord with the
principles of sound public policy.
 To justify invalidation, there must be a
clear and unequivocal breach of the
constitution, not a doubtful and
argumentative implication
 In case of doubt, duty of court is to
exert every effort to prevent the law
from being nullified.
2. Just
 Lex injustia non est lex
 Justice is the reason of the law’s
existence.
 It is presumed that the law making
body intended right and justice to
prevail in case of doubt
 See Article 10 of NCC
3. Applicable
 Laws are enacted for a purpose.
 Lex non cogit ad impossiblia
 It is presumed that the Congress
enacted an effective law.
4. Sensible
 Laws in order to be effective and
reasonable must first make sense.
 Rationne cessat lex et cessat lex
 Statutes must be given sensible
construction, one which will give effect
to the entire statute.
