Statutory Construction- Atty.

Salonga
KNP

GENERAL PRINCIPLES

Statutory Construction def.

In Caltex (Philippines) Inc. v. Palomar, construction is the art or process of discovering and
expounding the meaning and the intention of the authors of the law with respect to its
application to a given case, where that intention is rendered doubtful, amongst others, by
reason of the facts that the given case is not explicitly provided for in the law.

Importance:
1. Students- prepare the student for the task of studying, interpreting and
constructing laws in the various law subjects; early appreciation of the
complexity and variety of the study of law; better grasp of law and logic

Basis: common sense, logical and intuitive

2. Law practitioner- prepare his pleadings and court arguments and to anticipate
with reasonable accuracy what a worthy adversary would use as defense,
objection or counter-argument in cases involving interpretation of contracts
and/or construction of statutes
3. Court Clerk/ Researcher- power to interpret and construe laws to ensure the
preparation and drafting of decisions and reports that can stand up against any
appellate scrutiny
4. Lawmaker and his staff- understanding of the statue of past statutes is necessary
for the promulgation of future statutes; through careful choice of words and
careful study of statutes then ambiguities in the wordings can be prevented in the
lawmaking task
5. House counsel- makes sure that the documents that is prepares reflects the true
intention of the parties in clear and unequivocable language; makes sure that the
advice he gives to his client on a particular provision, in the event of an
ambiguity, will most likely be interpretation given by the court in the event that
the question is raised

Fundamental rule in the construction of statutes: since a statute is the will of the legislature
to which all others are subordinate; rule of interpretation is that a statute is to be expounded
according to the intent of them that made it
Basis- common sense it must be logical and intuitive

Statutory construction involves questions of fact or law?

Construction that is applied to a document includes two things:
1. Meaning of the words- question of fact in all cases in a legal document; words used
2. Their legal effect- question of law; meaning of law
Note: both are used in the statutory construction as they cannot be separated- meaning
attached to the words is considered

Nature of the Rules of Statutory Construction

In the case of PCFI v. NTC, the basic canon of statutory interpretation is that the word used
in the law must be given its ordinary meaning unless a contrary intent is manifest from the
law itself. Hence, the phrase “may be promulgates” should not be construed to mean “shall”
or “must”.
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Construction v. Interpretation: the process to be used will depend upon the nature of the
problem presented; both processes may be used in seeking the legislative intent. If intent is
not clear after interpretation, then the court will proceed to subject the statute to
construction

Construction Interpretation
When there is ambiguity, or it is Interpret and take a look at the
not specifically provided, one meaning of the words
must construe to bridge the
gaps
To be technically correct, one Process of discovering the true
must draw conclusions with meaning of the language used;
respect to subjects that are endeavors to ascertain the
beyond the direct expressions meaning of a word found in a
of the text, from the elements statute
known and given in the text
Goes beyond the language of
the statute and seeks the
assistance of extrinsic aids in
order to determine whether a
given case falls within the
statute

Construction of the Constitution:

1. Verba legis- they are to be given their ordinary meaning except where technical terms
are employed
2. Ratio legis est anima- when there is ambiguity, words of the constitution should be
interpreted in accordance with the intent of the framers; the object is to ascertain the
reason which induced the framers of the Constitution to enact the particular provision
and the purpose sought to be accomplished
3. Ut magis valeat quam pereat- the constitution is to be interpreted as a whole, thus, no
one provision is to be separated from all the others; provision should function to the full
extent of its substance and its terms in conjunction with all other provisions of the
constitution.

When does Statutory Construction come in?

-When the statute is clear and explicit, there is hardly any room for extended rationalization
of the law

In the case of NFL v. EISMA, construction and interpretation come only after it has been
demonstrated that application is impossible and adequate without them. The uncertainty in
the case is merely on what is the state of the law at this particular point in time and was
resolved through the aid of pertinent ules. In the case, no statutory ambiguity warrants the
use or application of statutory construction because Art. 217 is applied the way it was
worded and that labor arbiters still has the exclusive jurisdiction for matters arising from
employer-employee relations. (Money claims of workers, nonpayment or underpayment of
wages, overtime compensation, separation pay and other benefits; except claims for
employees’ compensation, social security, medicare and maternity benefits)

In the case of Paat v. CA and People v. Mapa, the first and fundamental duty of the court is
to apply the law. Construction and interpretation come only after it has been demonstrated
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that application is impossible inadequate without them. It is not within the power of the
court to set aside a clear and explicit mandate of a statutory provision.

In the case of Leveriza v. IAC, when the words and language of documents is clear and plain
or readily understandable by an ordinary reader, there is absolutely no room for
interpretation or construction anymore. In the contract it was state that it is the lessee
(petitioner) who will manage and operate the gasoline station. Mobil Oil was mentioned in
that contract was clearly not intended to give approval toa sublease between the petitioner
and said company, but to insure only that in the arrangements between them after the
expiration of the lease contract, that whatever improvements have been constructed in the
leased premises shall be relinquished to CAA.

In the case of Daoang v. Municipal Judge of San Nicolas, Ilocos Norte, it is a well-known
rule of statutory construction that when a statute is clear and unambiguous, it need not be
interpreted. It is only with statutes with an ambiguous or doubtful meaning that it may be
subject of statutory construction.

Read the statute as a whole

In the case of AISA v. NLRC, legislative intent must be ascertained from a consideration of a
statute as a whole, and not of an isolated part or particular provision alone.

In the case of Paras v. COMELEC, petitioner’s too literal interpretation is not in accordance
with the intention of the authors of the law. Sec. 74 of RA 7160 merely prohibits the
conduct of recall election within one year from the date of the official’s assumption of
office or one year immediately preceding a regular election. SK election cannot be
considered to be e regular election.

Principles explain in the Paras case:

1. Every part of a statute must be interpreted with reference to the context of the whole
enactment
2. Assumption that the legislature intended to enact an effective law
3. Statute interpreted in harmony with the Constitution
4. Intent of law is paramount; too literal interpretation is discouraged
5. Intent of the law in prohibiting recall elections for one year immediately preceding a
regular election

STATUTORY CONSTRUCTION OR JUDICIAL LEGISLATION

Legislative- declare what the law shall be

Judicial- what the law is or has been

Legislative branch- authorized to make laws, alter and repeal them; enact legislation,
confirms or rejects presidential appointments and has the authority to declare war;
lawmaking body
Executive branch- carries out and enforces the law; law enforcing body
Judicial branch- holds the power to settle controversies involving rights that are legally
demandable and enforceable; determines whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction; interprets the meaning of laws,
applies laws to individual cases, and decide if laws violate the constitution- law interpreting
body
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Separation of powers- that the three branches of the government, the Executive, Legislative
and the Judicial branch are co-equal branches of the government with separate and distinct
functions.
-in reality, they overlap

When is it construction and when it is judicial legislation?

In the case of Floresca v. Philex Mining Corp, the court in the language of Justice Holmes,
do and must legislate to fill in the gaps in the law, because the mind of the legislator is finite
and therefore cannot envisage all possible cases to which the law may apply. Nor has the
human mind the infinite capacity to anticipate all situations.

How legislative intent is ascertained?

- The purpose of why the legislature enacted the law; by looking at the statute as a
whole (aids- history and the capacity of the law and the purpose of its passage

In the case of Aisprona v. CA & People, legislative intent must be ascertained from a
consideration of the statute as a whole. That words, clauses and phrases should not be
studied and detached but the whole and every part of the statute must be considered in
fixing the meaning of any of its parts. A statute must be construed so as to harmonize and
give effect to all its provisions.
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Doctrine of Associated Words- noscitur a sociis; where a particular word or phrase in a

statement is ambiguous in itself or is equally susceptible of various meanings, its true
meaning may be made clear by considering the company in which it is found or which it is
associated with.

China Bank v. Ortega

Board of Adminsistrator of PVA v. Bautista

LITERAL CONSTRUCTION

When should statutes be literally construed?

-absolutia sentencia expositore non indiget- absolute judgement needs no expositor (a
person which explains difficult terms or theories
Plain words require no explanation:
This means that when the language of the law is not only simple, clear and
unequivocal, then the task of construction is hardly to arise.

statutes are to be interpreted in their ordinary, commonly accepted usage, when the
language of the law is clear and unequivocal, the law must be taken to mean exactly
what it says, and when the statutory norm speaks unequivocally, there is nothing for
the courts to do but to apply it

In Salvatierra v. CA, contracts should be fulfilled according to their literal sense of their
stipulations, if their terms are clear and there is no doubt as to the intention of the
contracting parties, it must be applied.

In Kapisanan ng mga Manggagawa sa Manila Railroad Company v. Manila Railroad

Company, when statutory norm speaks unequivocally, there is nothing for the courts to do
but to apply it. RA 2023 speaks for itself and that provision is clear. That the effect of RA
2023 is to compel the employer to deduct from the salaries or wages payable to the
members of the credit union the employees’ debt to the union and to pay the same to the
credit union.

When is literal construction not favored?

- if giving it a literal meaning would give rise to a serious constitutional question
- It is a well settled doctrine that a court is to avoid construing a statute or legal norm
in such a manner as would give rise to a constitutional doubt
- absurdity; too literal reading of a law is apt to constrict rather than fulfill its purpose
and defeat the intention of its authors.

The intention is usually not found not in the letter that killeth but in the spirit that
vivieth; the spirit, rather than the letter, of a law determines its construction: hence, a
statute, must be read according to its spirit and intent

In Abellana v. Marave, too literal construction of the law is not favored.

In Paras v. COMELEC, petitioner’s interpretation of the provision is too literal and that it is
not in accordance with the intention of the authors of the law. Too literal reading of the law
constricts rather than fulfill its purpose. Thus defeats the intention of the authors.

Recall def.- a mode of removal of public officers by initiation of the people

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EXECUTIVE CONSTRUCTION

Rules on Executive Construction

In PAFLU v. Bureau of Labor Relations, contemporaneous construction placed upon a

statute by executive officers charged with implementing and enforcing provisions of the
statute should be given controlling weight, unless such interpretation is clearly erroneous.
- should be entitled with great respect since it is their duty to execute it. Also, because of
such involvement, it is expected that they are more knowledgeable of the intent and purpose
of the law.
- it comes from the particular branch of the government that is expected to be able to
construe and implement the law
- executive officials are presumed to have familiarized themselves with the considerations
pertinent to the meaning and purpose of the law, and to have formed a competent expert
opinion thereon.
- their competence, expertness, experience, and informed jusgement

When is executive construction not given weight?

- If it is clearly erroneous, it must be declared null and void
- It is neither controlling nor binding upon the court as it may disregard it when there
is no ambiguity, where the construction is clearly erroneous

In Philippine Apparel Workers’ Union v. NLRC, IBAAEU v. Inciong and Chartered Bank
Employees’ Association v. Ople, the principle of contemporaneous construction of a statute
by the executive officers of the government, whose duty is to execute it, is entitled to great
respect and should ordinarily control the construction of the statute by the courts. Such
contemporaneous construction should be respected by the courts unless such interpretation
is clearly erroneous.

Rule v. Opinion
Rule- makes a new law with the force and effect of a valid law
Opinion- gives a statement of policy, it merely interprets a pre-existing law

SUBJECTS OF CONSTRUCTION
I. Constitution

Constitution- it is the written instrument agreed upon by the people as the absolute rule of
action and decision for all departments and officers of the government, and the opposition
to which any act or rule of any department or officer of the government, or even the people
themselves, will altogether be void.
How should the constitution be construed?
- When the construction is proper, the whole constitution is to be examined in order to
determine the meaning of any provision

Fundamental principle of constitutional construction is to give effect to the intent of the

framers of the organic law and of the people adopting it, the intention to which force is to be
given is that which is embodied and expressed in the constitutional provisions themselves

Law- a whole body or system of law, rule of conduct formulated and made obligation by the
legitimate power of the state
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It includes:
- Statutes (enacted by the legislative)
- Presidential Decrees and Executive Orders (issued by the President in the exercise of
his legitimate power)
- Other presidential issuances
- Rulings of the Supreme Court (construing the law)
- Rules and regulations (promulgated by administrative or executive officers pursuant
to a delegated power) and
- Ordinances (passed by the sanggunians of the localities

How should the constitution be construed?

Sarmiento v. Mison: the fundamental principle of constitutional construction is to give

effect to the intent of the framers of the organic law and of the people adopting it, the
intention to which force is to be given is that which is embodied in the constitutional
provisions themselves. The court will then construe the applicable constitutional provisions,
not in accordance with how the executive or the legislative may want them construed, but in
accordance with what they say and provide.

In Perfecto v. Meer, the SC interpreted the provision to mean that the salaries of the
members of the Judiciary are exempt from the payment of the income tax, such as the
payment would be a diminution of their salaries during their continuance in office as
prohibited under the provision. Hence, the collection of income tax on the salary of a
judicial officer is a diminution thereof and violates the Constitution.

In Endencia v. David, the SC declared Sec. 13 of RA No. 599 unconstitutional.

Nitafan v. Comm. of Internal Revenue: principle of constitutional construction is that the

intent of the framers of the organic law and the of the people adopting it should be given
effect. Primary task in constitutional construction is to ascertain and assure the realization of
the purpose of the framers and of the people in the adoption of the Constiution.

May the preamble be referred to in the construction of a constitutional provision?

YES, the preamble may be referred to in the construction of a constitutional provision.

What is guaranteed by the constitution is religious liberty and not mere religious toleration,
which means that we enjoy both religious and civil freedom as granted to us by the
constitution. This is in so far as the influence of the principles of morality that is deeply
appreciated in our constitution. Preamble implored the aid of the Divine Providence which
manifests the religious nature and reliance upon the Him who guides the destinies of men
and nations. So, the preamble recognizes the influence of religion in human society.

In line with this, what is prohibited in the constitution is the appropriation or the use of
public funds or property for the benefit or support of a particular sector as in the case of
Aglipay v. Ruiz, the Church.

Aglipay v. Ruiz: although the issuance and sale if stamps is inseparably linked with an event
of a religious character it contemplates no religious purpose. It does not authorize the
appropriation of such funds for the benefit or support of a particular sect or church. The
only purpose in issuing and selling the stamps was to advertise the Philippines and attract
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more tourists in the country. The government merely took advantage of an event in
consideration of an international importance which is to give publicity to the Philippines
and its people. In the stamp was an inscription of the International Eucharistic Congress, but
what is emphasized is not the Eucharistic Congress itself but of Manila as the capital of the
Philippines.

In case of a conflict between the constitution and a statute, which prevails?

The constitution. This is pursuant to the doctrine of constitutional supremacy. It is a
principle in constitutional law that all laws and contracts must conform with the
fundamental law of the land. Constitution being the basic and paramount law must ever
remain supreme and that all other laws must conform to the constitution. No act shall be
valid, however noble its intention, if it conflicts the constitution. So, those which violate the
constitution lose their reason for being and must be declared null and void.

Note: a statute should be interpreted in harmony with the constitution.

Are the provisions of the constitution self-executing?

YES.

Manila Prince Hotel v. GSIS, a constitutional provision is self-executing if nature and

extent of the right conferred and the liability imposed are fixed by the Constitution itself. If
they can be determined by an examination and construction of its terms, and there is no
language indicating that the subject is referred to the legislature for action. The presumption
now is that all provisions of the constitution are self-executing.
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Statute def.
It is an act of the legislative as an organized body, expressed in the form and passed
according to the procedure required to constitute it as part of the law of the land

May either be: depends on the substance rather than the form
1. Public- one which affects the public at large or the whole community
a. General- one which apples to the whole state and operates throughout the
state alike upon all the people or all of a class; it is one which embraces a
class of subjects or places and does not omit any subject or place
naturally belonging to such class
b. Special- one which relates to particular persons or things of a lass or to a
particular community individual or things; Access to Tertiary Education
Act
c. Local- one whose operation is confirmed to a specific place or locality;
municipality ordinance, odd even scheme in Pasig City
2. Private- applies only to a specific person or subject and which operates, concerns
and affects particular individuals

Classification:
1. Period of effectivity/ duration
a. Permanent- one whose operation is not limited to some particular term or
period but continues in force until repealed or amended
b. Temporary- one whose operation or effectivity is limited to a fixed
period or term; period of time is fixed in the statue itself or whose life
ceases upon the happening of an event
2. Their application
a. Prospective- one which anticipates the regulation of future conduct
b. Retrospective- one that affects acts already committed and operates on
transactions completed
3. Their purpose/ operation
a. Remedial- statues which affords a remedy or improve or facilitate
existing remedies for the enforcement of rights and redress of injuries
b. Penal- those which imposes a punishment for the violation of provisions
c. Curative- those which are enacted to cure defects in a prior law
d. Mandatory- a statute is mandatory if non-compliance therewith renders
the proceedings to which it relates null and void
e. Directory- a statute or any of its provisions is directory if non-
compliance therewith does not invalidate the proceedings
4. Their form
a. Affirmative
b. Negative
Manner of referring to statutes:
1. Public Acts- statutes passed by the Philippine Commission and Philippine
Legislative from 1901-1935
2. Commonwealth Acts- during the Commonwealth from 1936-1946
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3. Republic Acts- passed by the Congress from 1946-1972 and from 1987
4. Batas Pambansa- laws promulgates from the Batasang Pambansa

What is the distinction between the constitution and statutes?

The constitution is the rule of law as it sets standards and principles that the
government must abide by. Statutes on the other hand is formulated by the
legislature in conformity with the constitution.

Parts of the Statute:

1. Preamble- prefatory statement or explanation or a finding of facts, recites the
purpose, reason or occasion for making the law to which it is prefixed; usually
found after the enacting clause and before the body of the law
2. Title- expresses only one subject
Dual limitations upon the legislature:
 Legislative is to refrain from conglomeration of heterogenous
subject
 Title of the bill is to be couched in a language sufficient to
notify the legislator and the public and those concerned of the
importance of the single subject
The constitutional requirement that every bill shall embrace only one subject is
to apprise the legislators of the object, nature and scope of the provisions of the
bill, and to prevent the enactment into law of matters which have not received
the notice, action, and study of the legislators (prevent duplicity in legislation)

Aims of the constitutional requirement:

a. To prevent hodge-podge or leg-rolling legislation
b. To prevent surprise or fraud upon legislature
c. To fairly apprise the people
d. Title of the statute is used as a guide in ascertaining legislative intent when
the language of the act does not clearly express its purpose

“one title-one subject” rule is sufficiently complied with if the title is

comprehensive enough as to include the general object which the statute seeks to
effect

Effect of insufficient title- a statute whose title does not conform to the
constitutional requirement or is not related in any manner to its subject is null
and void.

3. Enacting clause-part of the statue that is written immediately after the title thereof
which states the authority by which the act is enacted
4. Purview or Body- part which tells what the law is all about
5. Separability clause- part of the statute which states that id any provision of the act is
declared invalid, the remainder shall not be affected; legislative intended a statute to
be effective as a whole and would not have been passed if it had foreseen that some
part of it is invalid
6. Repealing Clause
7. Effectivity Clause- provides when the law takes effect
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--
May the “whereas clause” be availed of in the construction of a statute

It may be availed only when the object or the scope of the act is not clear. ‘Whereas clause’
usually states the general object and intention of the legislature in passing the enactment, it
may be consulted to solve any ambiguity.

rule of ejusdem generis- ‘of the same kind’, where particular words have a common
characteristic, any general words that follow should be construed as referring generally to
that class

People v. Echaves: The rule of ejusdem generis invoked by the trial court does not apply in
the case. The intent of the decree is clear and that it is to be applied only to urban
communities, particularly to illegal construction.

Ordinances
- An act passed by a municipal council in the exercise of its law-making authority

What is the rule on the construction of ordinances vis-à-vis a statute?

Primicias v. Municipality of Urdaneta Pangasinan: municipal ordinances are inferior in
statues and subordinate to the laws of the state. There being a conflict in RA No. 4136 and
Ordinance No. 3, the latter must give way.

Bagatsing v. Ramirez: general and special law

What is the rule on the construction of administrative orders vis-à-vis a statute?

The rule on the construction of administrative orders in case of conflict between an
administrative order and a statute is that the latter shall prevail. Rules and regulations must
always be consistent and must conform with the provisions of the enabling statute in order
for it to be valid.

INTERPRETATION OF SPECIFIC TYPES OF STATUTES

A. Penal Statutes

What is the general rule in the interpretation of penal statues?

GR: A penal law, when the law is ambiguous and there is doubt to its interpretation,
must construed in the favor of the offender. It must be construed with such strictness
as to carefully safeguard the rights of the defendant.
Note: this only serves as an additional factor to be considered as an aid in
determining the meaning of penal laws; if the statue is ambiguous and admits two
reasonable but contradictory constructions, that which operates in favor of the party
accused is to be preferred

People v. Manantan:

What is the rule on retroactivity of penal statutes?

GR: Penal laws are prospective in effect
XPN: may be given retroactive effect if it will be favorable to the accused
XPN to the XPN: even if it will be favorable to the accused, a penal law will not be
given a retroactive effect if
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o Accused is a habitual delinquent

o Law expressly provides that it cannot be given a retroactive effect

What is an ex post facto law?

- Is that which makes an action done before the passing of that law, which was
innocent when done, criminal and punishes such action
- It aggravates a crime or makes it greater when it was committed
- Changes the punishment and inflicts a greater punishment that the law annexed to
the crime committed
- Alters the legal rules of evidence and receives less or different testimony that what
the law required at the time of the commission of the offense.

Note: an ex post facto law is a law that retroactively changes the legal consequences
of actions that were committed before the enactment of the law

Sec. 12 Art. III of the Constitution: No ex post facto law or bill of attainder shall be
enacted

Bill of attainder- legislative act which inflicts punishment on individuals or

members of a particular group without judicial trial

In case of conflict between different versions of the RPC, what shall prevail
It is the original text that will prevail in case of conflict between different versions
of the RPC. The RPC which was approved in its Spanish text is controlling over its
English translation.

B. Tax laws

What is it eh rule on constructions on tax laws?

GR: When the intent or meaning of the tax statute is not clear, it must be construed
against the government and in favor of the taxpayer

XPN: tax exemption must be construed strictissimi juris (according to the strictest
interpretation of the law) against the taxpayer and liberally in favor of the taxing
authority when the intent of the law is clear and that the taxpayer claims that he is
not covered by the statute, then the interpretation of such state must be made against
the taxpayer and in favor of the government.

XPN to the XPN: tax exemption laws are liberally construed:

o When the law expressly provides
o Involving exemptions of religious, charitable or educational institutions
o Exemptions in favor of government

How are tax refunds construed?

Tax refunds are construed against exemption from tax liability

Who has the burden of proof in tax cases?

CIR v. CA:
MCIAA v. Marcos:
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How are tax sales construed?

Strict adherence to that statutes governing tax sales is imperative, this is for the
reason of the protection of the taxpayer and also to avoid suspicion of collusion
between the buyer and public officials to enforce such laws.

Serfino v. Court of Tax Appeals

C. Labor laws

What is the rule on the construction of Labor laws?

Art. 4 of the Labor Code provides the construction in labor laws must be in favor of
labor (protection to labor clause in the constitution)
Doubts are resolved in favor of labor; this is in line with the principle that those who
have less in life should have more in law. When conflicting interest of labor and
capital are weighed, the heavier influence of the capital must be balanced by the
sympathy and compassion that the law accords the underprivileged worker.

Cosico v NLRC
Bustamente v. NLRC
Manahan v. ECC
Villavert v. ECC
Del Rosario & Sons v. NLRC

How are retirement laws construed?

Liberally construed in favor of the retiree, unless there is really nothing to interpret
or that it is clear that what the retiree is claiming is not something that is accorded to
him by operation of law, then it must be construed against the retiree.

D. Insurance

What is the rule on the interpretation of insurance provisions?

The provisions of an insurance contract must be construed in their plain and
ordinary sense. However, is there are terms that are not clear and are ambiguous,
they should be interpreted strictly against the insurer and liberally in favor of the
insured.
Note: they have no voice in the arrangement of the words employed in the contract
which are deliberately prepared in the interest of the insurance company.

a. Clear provisions given ordinary meaning

Ty v. First National Surety & Assurance Co. Inc.

De la Cruz v. Capital Ins. & Surety Co

b. Ambiguous provision interpreted against insurer

Qua Chee Gan v. law Union & Rock Insurance

Panaton v. Malayan Insurance
Airsporna v. CA

E. Corporate law
What is the rule on the interpretation of corporate law provisions?
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Home Insurance Co. Eastern Shipping Lines: interpretation in corporate law

provisions must be given reasonable interpretation which does not hamper the
development of trade relations and which fosters friendship and commercial
intercourse among countries.