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CARDINAL RULES OF CONSTRUCTION - Answer: since the testator is already dead, he cannot
anymore defend his last will and testament.
How to ascertain legislative intent? - ALWAYS APPLIED IN CASE OF DOUBT
- The cardinal rule of construction is to ascertain the - The will cannot be admitted to probate.
intention and meaning of the legislature for the
purpose of giving effect thereto.
- The application of the law according to the spirit and Naturalization laws, how construed.
intent of the legislative body is the principal objective - Naturalization laws should rigidly be enforced and
of judicial interpretation. strictly construed in favor of government and against
- Legislative intent should accordingly be ascertained the applicant.
from a consideration of the whole context of the - ALWAYS APPLIED IN CASE OF DOUBT
statute and not from an isolated part of particular
provision. Statute conferring the right of eminent domain, how construed.
- The best source from which to ascertain the - The exercise of the right of eminent domain, whether
legislative intent is the statute itself - the words, directly by the state, or its authorized agents, is
phrases, sentences, sections, clauses, provisions – necessarily in derogation of private rights, and the
taken as a whole and in relation to one another. rule in this case is that the authority must be strictly
- STATUTE AS A WHOLE NOT BY PARTS construed.
- If there is doubt, in favor of individual and against of
Liberal or Strict Construction government.
- Whether a statute or some of its provisions, calling for
construction should be construed liberally or strictly depends on Tax Exemption, how construed.
a combination of several factors, namely: - Tax exemptions are held strictly against the taxpayer,
1. The former law on the matter; and if not expressly mentioned in the law must be
2. The persons or rights with which it deals; within its purview by clear legislative intent.
3. The letter or language of the law; and - Taxes are lifeblood of the government that’s why it is
4. The purposes and objects of the statute. always against the claim of the taxpayer.
Statutes in derogation of common rights, how construed.
- Statutes in derogation of common law or common Prospective and retrospective interpretation, distinguished.
rights are strictly construed. An abrogation of the Prospective interpretation – is that which limits the
common law or common rights is not favored; operation of a statue to such facts and causes arising
statutes seeking to accomplish this end are generally after its enactment.
strictly construed. Thus, the statutes which operate in Retrospective interpretation – is that which hold the
restraint of personal liberty, or civil rights or which statute to be applicable to or governing transactions
grant power to deprive persons of their property, or or states of facts wholly completed prior to its
which restrain the freedom of contract, or the enactment.
exercise of any trade or occupation, have all been If the statute is to apply hereafter/thereafter, or is it
held as calling for the strict judicial construction. to take effect at a fixed future date or immediately,
- ALWAYS APPLIED IN CASE OF DOUBT such statute will only apply prospectively.
Statutes prescribing the formalities and wills, how construed. On the other hand, the words “heretofore” and
- Statutes prescribing the formalities to be observed in “therefore” or other expression denoting a past time
the execution of will are very strictly construed. expressly give the statute a retrospective operation.
Failure to comply is fatal. The will being entirely void In the absence of such words indicative of the extent
cannot be admitted to probate. of the statute’s operation, the general rule, is that a
- Question: Why is it construe against the validity of statute will be construed prospectively. Exception,
the will?
unless the legislative intent that it be given a
retrospective operation clearly appears by necessary NOTES: Common rights – to acquire property, freedom of
or unavoidable implication. contract
In every case of doubt, the doubt must be resolved Bill of attainder - about death penalty
against the retrospective effect and in favor of Bill of pains - when the penalty is lower than death
prospective construction.
A statute is not retrospective just because it relates
to antecedent event; it is retrospective only when it is
applied to rights acquired prior to its enactment.
When a statute is given prospective construction then
it can only apply to transactions occurring after its
passage. It cannot interfere with nor alter the effects
of rights and obligations acquired or incurred prior IV. PARTICULAR RULES OF CONSTRUCTION
thereto.
Ex post facto law Verba Legis
- Section 22, Article III, 1987 Constitution - If the language of the statute is plain and free from
No ex post facto law or bill of attainder shall be enacted. ambiguity, and express a single, definite, and sensible
An ex post facto law is any of the following: meaning, that meaning is conclusively presumed to be
- A law which makes criminal an act done before the the meaning which the legislature intended to convey.
passage of the law and which was innocent when - It must be given its literal meaning, applied without
done, and punishes such act; interpretation.
- A law which aggravates a crime, or makes it greater - Is this binding in the courts?
than it was, when committed; - No. It’s up to the Supreme Court whether they will
- To test whether the ex post facto clause of the apply the law or not.
Constitution is violated: Index animi sermo est
- Does the retroactive application of the law - Speech is the index of intention.
- Take from the accused
- Any right Ratio Legis
- That was regarded at that time - In construing a statute, the court looks into the spirit
- As vital for the protection of the life and liberty? of and reason for the law.
- Scope of prohibition against ex post facto law: - If adherence to the letter of the law leads to
- Applies only to criminal or penal maters absurdity, injustice, contradictions or defeat the plain
- Not to laws which concern civil proceedings generally. purpose of the law.
- Ex post facto law prohibited, exception. - Ratio legis applies
- If it favors the accused. - Apparent inaccuracies and mistakes in mere verbiage
- Exception to the exception: or phraseology will be overlooked to give effect to the
- If the accused is a habitual delinquent. spirit of the law.
- Statue provides it does not apply to existing statutes
or pending cases. Dura lex sed lex
- Where the accused disregards the later law and - The law may be harsh, but it is still the law.
invokes the prior statute under which he was
prosecuted. Mens legislatories
Bill of attainder, defined. - Courts look into the following: Object to be
Legislative act which Inflicts punishment without the accomplished; Evils and mischief to be remedied
benefit of judicial trial. - Statute liberally construed to serve its purpose
- Even if its literal interpretation says otherwise - Q: What will the SC do if something is missing in the
law?
Ejusdem Generis - A: the court will supply the missing part. The court
- Where general term follows particular things, the should verify the missing word, it doesn’t mean they
general term is construed to include those things or have to insert the word literally (cos it will amend the
persons of the same class as those specifically law). The insertion/supplying the missing word is not
enumerated. mechanical (encode) but only theoretical by
construction or interpretation. Since it will violate the
Ejusdem Generis, purpose. enrolled bill principle that the court cannot change an
- Give effect – both specific and general words. enrolled bill.
- Particular words indicate the class and the general - Requisites by which the Supreme Court can insert
includes all embraced in said class although not 1. The omitted words are plainly indicated in the
specifically named. context.
- Q: What is the reason why there are words that are 2. Palpable meaning manifested.
not enumerated in the statute? (ex: and other 3. Verifiable from other parts of the statute.
persons...) Q: Is this not judicial legislation?
- A: To avoid the error of not including something that A: No. Since the insertion of the word is only theoretical.
can be protected by law.