CHAPTER 7 – MAXIMS, DOCTRINES, RULES AND INTERPRETATION OF THE LAWS

A. DURA LEX SED LEX

 “the law is harsh but it is the law”
 when the law is clear, there are no other recourse but to apply it regardless of its perceived
harshness

B. UBI LEX NON DISTINGUIT NEC NOS DISTINGUERE DEBEMUS

 “where the law does not distinguish, neither should the Court”
 Words or phrases of a statute will be interpreted in their natural, plain, and ordinary acceptation
and signification

C. GENERALIA VERBA SUNT GENERALITER INTELLIGENCIA

 “general words are understood in general sense”
 General meaning prevails over the restricted meaning
 General rule – a word which has a general and restrictive meanings must be understood in its
general sense
 Exception – it was clearly intended that the word must be understood in its restricted sense

D. NUMBER – SINGULAR AND PLURAL

 Basic rule of statutory construction is that a word covers its enlarged and plural sense

E. GENDER – MASCULINE AND FEMININE

 Basic rule of statutory construction is that a word that imports the masculine gender shall also
include the feminine gender and vice versa, unless a contrary intention appears.

F. REDDENDO SINGULA SINGUILIS

 Words in different parts of a statute must be referred to their appropriate connection, giving to
each in its place, its proper force and effect, and, if possible, rendering none of them useless or
superfluous, even if strict grammatical construction demands otherwise.

G. EJUSDEM GENERIS
 “of the same kind”
 To give effect to both the particular and general words, by threating the particular words as
indicating the class and the general words as including all that is embraced in said class,
although not specifically named by the particular words.
 This is justified on the ground that if a lawmaking body intended the general terms to be used in
their restricted sense, it would not have made an enumeration of particular subjects but would
have used only general terms.

H. NOSCITUR A SOCIIS
 “known by his associates”
 The proper construction of a particular word, term, or phrase that is susceptible to various
meanings, may be had by considering the company of words in which the term or phrase in
question is founded or with which it is associated.
 The meaning of an obscure or ambiguous word, term, or phrase may be made specific and clear
by reference associated words.

I. CASUS OMISSUS PRO OMISSO EST

 “A case omitted is to be held as intentionally omitted”
 The omission of a person, object, or thing from an enumeration must be held to have been
omitted intentionally

J. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

 “the express mention of one person, thing, act, or consequence exludes all others”
  Eslewise stated, “expressium facit cessare tacitum” – what is expressed puts an end to what is
implied.”

K. DOCTRINE OF NECESSARY IMPLICATION

 “what is implied in a statute is as much a part thereof as that which is expressed.”
 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.

L. GUIDELINES IN THE INTERPRETATION OF SOME SPECIFIC WORDS AND PHRASES

1. “Shall,” “Must,” “Ought,” and “May
 Words of command are generally and ordinarily regarded as mandatory. These words ordinarily
connote an imperative, and indicate the mandatory character of the provision of the law.
 However, this is not an absolute rule in construction and interpretation. The import of these words
ultimately depend upon a consideration of the entire provision, its nature, object, and the
consequences that would follow form construing it one way or the other.
 The word “may” is generally regarded as permissive. It indicates the directory character of the
provision of the law.
2. . “And,” “Or,” and “And/Or”
 And  a conjunctive.
 Or  a disjunctive article signifying disassociation and independence of one thing from each other
things enumerated.

M. “YEAR” “MONTH” ‘DAY” AND “NIGHT”

 When the laws speak of years, months, days or nights, it shall be understood that years are of
three hundred sixty five days each; months of thirty days; days of twenty –four hours; and nights
from sunset to sunrise. If months are designated by their name, they shall be computed by the
number of days which they respectively have. In computing a period, the first day shall be
excluded, and the last day included (Art. 13, New Civil Code).A “week” means a period of seven
consecutive days without regard to the day of the week on which it begins.

N. FUNCTION OF THE PROVISO

 Proviso is a clause or part of a clause in the statute, the office of whichis either to except
something from the enacting clause, or to qualify or restrain its generality, or to exclude some
possible ground of misinterpretation of its extent.
 “Provided” is the word used in introducing a proviso.

CHAPTER 8 – CONSTRUCTION AND INTERPRETATION OF THE DIFFERENT TYPES OF LAW

A. GENERAL PRINCIPLES

 If a statute should be strictly construed, nothing should be included within the scope that does not
come clearly within the meaning of the language used. But the rule of strict construction is not
applicable where the meaning of the statute is certain and unambiguous, for under these
circumstances, there is no need for construction.
 On the other hand, there are many statutes which will be liberally construed. The meaning of the
statute may be extended to matters which come within the spirit or reason of the law or within the
evils which the law seeks to suppress or correct. Liberal interpretation or construction of the law
or rules, however, applies only in proper cases and under justifiable causes and circumstances.
While it is true that litigation is not a game of technicalities, it is equally true that every case must
be prosecuted in accordance with the prescribed procedure to insure an orderly and speedy
administration of justice.
B. PENAL STATUTES

 Penal laws are to be construed strictly against the state and in favor of the accused. Hence, in the
interpretation of a penal statute, the tendency is to subject it to careful scrutiny and to construe it
with such strictness as to safeguard the right of the accused.
 If the statute is ambiguous and admits of two reasonable but contradictory constructions that
which operates in favor of a party accused under its provisions is to be preferred.

C. PRO REO DOCTRINE VS RULE OF LENITY

 Pro Reo Doctrine – when in doubt, rule for the accused

 Rule of lenity – a court, in construing an ambiguous criminal statute that sets out multiple or
inconsistent punishments, should resolve the ambiguity in favor of the more lenient punishment

D.TAX LAWS

 Taxation is a destructive power which interferes with the personal and property rights of the
people and takes from them a portion of their property for the support of the government.
 Accordingly, in case of doubt, tax statutes must be construed strictly against the government and
liberally in favor of the taxpayer, for taxes, being burdens, are not to be presumed beyond what
the applicable statute expressly and clearly declares. Any claim for exemption from a tax statute
is strictly construed against the taxpayer and liberally in favor of the state.

E. NATURALIZATION LAW

 Naturalization laws should be rigidly enforced and strictly construed in favor of the government
and against the applicant.
 If the statute is ambiguous and admits of two reasonable but contradictory constructions that
which operates in favor of a party accused under its provisions is to be preferred.

F. PROCEDURAL LAWS

 These rules shall be liberally construed in order to promote their objective of securing a just,
speedy, and inexpensive disposition of every action and proceeding.

G. Reasons that may provide a justification for a Court to suspend a strict adherence to procedural rules
a. matters of life, liberty, honor, or property
b. the existence of special or compelling circumstances
c. the merits of the case
d. a cause not entirely attributable to the fault or negligence of the party favored by the
suspension of the suspension of rules
e. lack of any showing that the review sought is merely frivolous and dilatory
f. the fact that the other party will not be unjustly prejudiced thereby

H. TAX LAWS

 Taxation is a destructive power which interferes with the personal and property rights of the
people and takes from them a portion of their property for the support of the government.
Accordingly, in case of doubt, tax statutes must be construed strictly against the government and
liberally in favor of the taxpayer, for taxes, being burdens, are not to be presumed beyond what
the applicable statute expressly and clearly declares. Any claim for exemption from a tax statute
is strictly construed against the taxpayer and liberally in favor of the state.
I. TAX EXEMPTIONS

 The law frowns against exemptions from taxation and statutes granting tax exemptions from
taxation and statutes granting tax exemptions are thus construed against the taxpayer and
liberally in favor of the taxing authority.
 Burden of the one Claiming for a Tax Exemption (the ff needs to be established
1. the provisions of the tax law that grants the exemption
2. he is covered bu the exemption
 Exceptions to the rule that Tax exemptions are construed strictly against the taxpayer
1. When the law so provides for such liberal construction
2. Exemptions from certain taxes granted under special circumstances to special classes of
persons
3. Exemptions in favor of the government, its political subdivisions or instrumentalities; and
4. Exemption to traditional exemptees, such as those in favor of religious and charitable
institutions

J. NATURALIZATION LAW

 Naturalization laws should be rigidly enforced and strictly construed in favor of the government
and against the applicant.

K. INSURANCE LAW

 Contracts of Insurance are to be construed liberally in favor of the insured and strictly against the
insurer. Thus, ambiguity in the words of an insurance contract should be interpreted in favor of its
beneficiary.

L. LABOR AND SOCIAL LEGISLATIONS

 Doubts in the interpretation of Workmen’s Compensation and Labor Code should be resolved in
favor of the worker. It should be liberally construed to attain their laudable objective, i.e., to give
relief to the workman and/or his dependents in the event that the former should die or sustain in
an injury.
 The sympathy of the law on social security is towards its beneficiaries and the law by its own
terms, requires a construction of utmost liberality in their favor.

M. RETIREMENT LAWS

 Retirement laws are liberally interpreted in favor of the retiree because the intention is to provide
for the retiree’s sustenance and comfort, when he is no longer capable of earning his livelihood.

N. ELECTION RULES

 Statute providing for election contests are to be liberally construed to the end that the will of the
people in the choice of public officer may not be defeated by mere technical objections.

O. RULES OF COURT

 Rule of court shall be liberally construed in order to promote their objective of securing a just,
speedy and inexpensive disposition of every action and proceeding.

P. STATUTORY PROVISIONS WAIVING STATE IMMUNITY

  Construed in strictissimi juris. For, waiver of immunity is in derogation of sovereignty.

CHAPTER 9 – LAWS RELATING TO SAME SUBJECT MATTER

A. STATUTES IN PARI MATERIA

 Statutes that relate to the same subject matter, or to the same class of persons or things, or have
the same purpose or object. Statutes in pari materia are to be construed together; each legislative
actis to be interpreted with reference to other acts relating to the same matter or subject.
However, if statutes of equal theoretical application to a particular case cannot be reconciled, the
statute of later date must prevail being a later expression of legislative will.

B. INTERPRETARE EL CONCORDARE LEGIBUS EST OPTIMUS INTERPETENDI

 “every statute must be so interpreted and brought into accord with other laws as to form a uniform
system of jurisprudence”

C. GENERAL AND SPECIAL STATUTES

 Sometimes we find statutes treating a subject in general terms and another treating a part of the
same subject in particularly detailed manner. If both statutes are irreconcilable, the general
statute must give way to the special or particular provisions as an exception to the general
provisions.
 Subsequent general law does not repeal a prior special law on the same subject unless it clearly
appears that the legislature has intended by the later general act to modify or repeal the earlier
special law.
 This is so even if the general statute is later enactment of the legislature and broad enough to
include the cases in special law unless there is manifest intent to repeal or alter the special law.

D. STATUTE AND ORDINANCE

 If there is conflict an ordinance and a statute, the ordinance must give way.
 It is a well-settled rule that a substantive law cannot be amended by a procedural law. A general
law cannot repeal a special law.In case of conflict between a general provision of a special law
and a particular provision of a general law, the latter will prevail. When there is irreconcilable
repugnancy between a proviso and the body of a statute, the former prevails as latest expression
of legislative intent. The enactment of a later legislation which is general law cannot be construed
to have repealed a special law. A statute is superior to an administrative circular, thus the later
cannot repeal or amend it. Where the instrument is susceptible of two interpretations, one which
will make it invalid and illegal and another which will make it valid and legal, the latter
interpretation should be adopted. In case of conflict between an administrative order and the
provisions of the Constitutions, the latter prevails.
 E. VERTICAL COHERENCE

F. SUMMARY (when two laws dealing with same subject matter can no longer be reconciled)
1. Between two general laws, the later law shall prevail.
2. Between two special laws, the later law shall prevail.
3. Between general law and a special law, the latter will control the former without regard to the
respective dates of passage.
4. Between a special law which refers to a subject in general and general law which treats the
same subject in particular, the latter law shall prevail.
5. Between the Constitution and a statute, the former shall prevail and the contrary provision of
the latter shall be declared as unconstitutional.
6. Between the Constitution and an administrative or executive act, order or regulation, the former
shall prevail and the contrary provision of the latter shall be declared as unconstitutional.
7. Between the Constitution and an ordinance, the former shall prevail and the contrary provision
of the latter shall be declared as unconstitutional.
8. Between a statute and an ordinance, the former shall prevail because an ordinance must not
contravene a statute in order to be valid.
9. Between an administrative or executive act, order or regulation and an ordinance, the former
shall prevail because and ordinance must not contravene any law in order to be valid.

CHAPTER 10 – EFFECT AND OPERATION OF LAWS

A. GENERAL PRINCIPLES

 Prospective statute – is a statute which operates upon acts and transactions which have not
occurred when the statute takes effect, that is, which regulates the future.
 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 attaches new
disabilities in respect of transaction already past.
 A sound canon of statutory construction is that statutes operate prospectively only and never
retrospectively, unless the legislative intent to the contrary is made manifest either by the express
terms of the statute or by necessary implication. The Civil Code of the Philippines follows the
above rule thus: Laws shall have no retroactive effect, unless the contrary is provided.
 Retroactive legislation is looked upon with disfavor, as a general rule and properly so because of
its tendency to be unjust and oppressive
B. EXCEPTIONS TO THE PROSPECTIVE APPLICATION OF LAWS
1. When the law expressly provides for retroactive application
2. When the penal law is favorable to the accused who is not a habitual criminal
3. When the law is procedural in nature

 Procedural laws do not come within the legal conception of a retroactive law, or
the general rule against the retroactive operation of statutes – they may be given
retroactive effect on actions pending and undetermined at the time of their
passage and this will not violate any right of a person who may feel that he is
adversely affected, insomuch as there are no vested rights in rules of procedure”
4. When the law is curative in nature

 Curative statutes are enacted to cure the defects in a prior law or to validate legal
proceedings which would otherwise be void for want of conformity with certain
legal requirements.
5. When the law creates a new substantive right
6. When the law is issued in the exercise of the state’s police power in order to meet an
emergency

CHAPTER 11 – CONSTITUTIONAL CONSTRUCTION AND INTERPRETATION

A. GENERAL PROVISIONS
- Constitutional construction and interpretation is not exactly the same with statutory construction
because of their differences:
1. Subject – The subject of the constitutional construction is the constitution only; while
the subjects of statutory construction are statutes, ordinance, and their implementing
rules and regulations
2. Intent – in statutory construction, the interpreter seeks to ascertain and discover the
intent of the legislature. In constitutional construction, the interpreter seeks to ascertain
the intent of the framers of the constitution in light of the realization of the purpose of the
people in the adoption of the Constitution.

B. BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF THE CONSTITUTION:

1. The constitution is the supreme law of the land
2. The words in the constitution must be given their ordinary meaning
3. The application or interpretation of the constitutional provision must be in accordance with the
intent of the framers and the people adopting it
4. The constitution must be construed as a whole
5. Constitutional provisions are mandatory in character
6. It is presumed that all provisions of the constitution are self-executing (may other provisions tho
na non-self-executing, hanapin niyo nalang if u want haha)
7. The provisions of the Constitution are prospective in application