CHAPTER 3: AIDS TO CONSTRUCTION
operation, prevail over the text, or be used as a basis for giving meaning to a
3.01: GENERAL RULE
- Where the meaning of a statute is ambiguous, the court is warranted in
availing itself of all legitimate aids to construction so that the true intent of the
statute can be ascertained.
What are aids to construction?
o INTRINSIC AIDS: those found in the printed page of the statute
o EXTRINSIC AIDS: those extraneous facts and circumstances outside
the printed page
3.02-03: TITLE
- This serves as aid to construction in cases of doubt in its language, obscurity
in meaning and in ascertaining legislative will.
- The title may indicate the legislative intent to extend or restrict the scope of
the law.
- When a statute couched in a doubtful language, the legislative intent may
also be disclosed in its title.
- Hence, the constitutional injunction makes the title an indispensable part of a
statute and what may inadequately be omitted in the text may be supplied or
remedied by the title.
- *See City of Baguio vs Marcos (**the title belongs to that type of titles which
should be regarded as part of the rules of provisions expressed in the body)
- When the text of the statute is clear, it is improper to resort to its title to make
it obscure.
- The title may be resorted in order to remove, but not to create doubt.
3.04: PREAMBLE
- That part of the statute written immediately after the title.
- It states the purpose, reason or justification for the enactment of the law
(expressed in the form of whereas) but it is not an essential part of the
statute.
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- Hence, in a clear statute, the preamble can neither expand nor restrict its
clear statute.
- Exception: the preamble can be resorted to clarify an ambiguous statute or
may decide the proper construction to be given to it. Hence:
o It may restrict what appears to be a broad scope of law;
o It may require an element not clearly expressed in text;
o It may express the legislative intent to make the law apply
retroactively.
- The preamble is considered as the key of the statute because it sets out the
intention of the legislature since:
o It establishes the purpose to be achieved and the object to be
accomplished;
o Presents the mischief to be remedied by the provisions of the statute;
- The preamble is omitted in statutes passed by the following:
o Philippine Commission
o Philippine Legislature
o National Assembly
o Congress and the Batasang Pambansa
- The preamble is extensively used in Presidential Decrees in the exercise of
the President’s legislative power.
- *See People vs Purisima
3.06: Context of the whole text
- The best source from which to ascertain the legislative intent is the statute
itself taken as a whole and in relation to one another and not from an
isolated part or provision.
- The context may give to a word a phrase or meaning different from its
usual or ordinary signification. Hence, in such case, the meaning dictated
by the context prevails.
3.07: Punctuation marks
 - Aids of low degree (as per rule of legal hermeneutics) whose role is to
divide parts of sentences and can never control against the intelligible
meaning of written words.
- While they are not part of the statute, they may partially or wholly solve
the ambiguity in a statute and as such, may be considered in the
construction of the statute.
- If the punctuation gives the statute a meaning which is reasonable and in
apparent accord with the legislative will, it may be used as additional
argument for adopting the literal meaning of the words as thus
punctuated.
- 3.09: The capitalization of letters is also an aid of low degree; does not
change the legislative intent of the statute.
3.10: Headnotes or epigraphs
- They index the contents of the provisions of a statute; prefixed to sections or
chapters of a statute for ready reference or classification; they may be
consulted in aid of interpretation in case of doubt or ambiguity in the
legislative intent of the statute.
- When a statute is divided into several subjects with respective, appropriate
headings, it must be presumed that the provisions are controlling upon the
subject and can operate as a general rule for settling questions embraced in
the statute.
- Otherwise, such as when the heading is only inserted for convenience or
reference and not made as integral part of the statute, it cannot control
interpretation.
3.12: Lingual text
- General rule: Unless otherwise provided, the English text shall govern.
- Exception:
o In cases of ambiguity, omission or mistake, the Spanish text may be
consulted to explain the English text.
CORPUZ, AMFL – STATCON READING NOTES
o If a statute is promulgated in Spanish, Filipino or English, with
translations into other languages, the language in which it was
originally written shall prevail.
3.12: Intent or spirit of law
- The intent of the law is the law itself.
- The spirit of the law is the dominant influence behind construction; it
determines construction.
- The spirit of a statute is expressed in words which should be discovered, if
necessary, by legislative history.
3.13: Policy of law
- The policy of the law once ascertained, should be given effect by the
judiciary. This is done by giving an ambiguous statute a construction that will
promote public policy, so as not to be self-defeating nor be disingenuous in
its purpose.
3.14: Purpose of law
- Important factors to consider in construction:
o The purpose or object of the law
o The mischief intended to be removed or suppressed
o The causes which induced the enactment of the law
- In all accounts, the court must give the law a reasonable or liberal
construction which will best effectuate its purpose.
- A statute derives its vitality from the purpose for which it is enacted.
Construing it in a manner that defeats such purpose is to nullify or destroy the
law.
3.15: Dictionaries
- Where the law does not define the words used in a statute and the
legislature has not intended a technical or special legal meaning to those
words, the Court may adopt the ordinary meaning of the words as defined
in the dictionary.
 3.16: Consequences of various constructions
- In construing a statute, the consequences of the various constructions will
be inquired into as additional aid to interpretation:
- Examples:
o Should the statute be given literal, strict or liberal interpretation
o Should it be accorded a restrictive or expansive meaning
o Should it be construed retroactively
- Statute construction must be rejected if it:
o causes injustice
o results in absurdity
o defeats legislative intent
o precludes accomplishment of legislative purpose
o renders certain words or phrases a surplusage
o nullify a statute or make any of its provisions nugatory
3.17: Presumptions
- Presumptions are based on logic, experience and common sense.
- In the absence of compelling reasons in terms of the aforementioned bases,
doubts as to the correct construction of a statute shall be resolved in favor of
the construction which is most anent with the presumption on the matter.
- These presumptions include:
o Presumptions in favor of the constitutionality of a statute
o Presumption of completeness
o Presumption of a statute’s prospective operation
o Presumption of right and justice
o Presumption of a statute’s effective, sensible, beneficial, and
reasonable operation as a whole
o Presumption against inconsistency and implied repeal
B. LEGISLATIVE HISTORY
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3.18: General Rule
- Ascertaining the will and intention of the legislature in ambiguous laws and
statutes can be afforded by the history of the statute.
- To this end, the court may take judicial notice of the following:
o The origin and history of the statute which it is called upon to construe
and apply;
o The facts which affect its derivation, validity and operation.
3.19: What constitutes legislative history
- Legislative history refers to all its antecedents from its inception until its
enactment into law.
- It necessitates review of the origin, antecedents and derivation of the law in
question to discover the legislative purpose or intent (this is especially true
for statutes that are borrowed or modelled upon foreign sources which are
reviewed to find an authoritative guide for the interpretation of the statute,
their practical application and the decisions of the courts in construing and
applying them in their countries of origin)
- History proper: covers the period and the steps done from its introduction as
a bill until it was finally passed by the legislature. Hence, it also includes:
o President’s message
o Explanatory note
o Committee reports of legislative investigations and public hearing
o Sponsorship speech
o Debates and deliberations concerning the bill
o Amendments and changes in phraseology before final approval
(especially if the statute is based on, or is a revision of a prior statute)
- *See Celestial Nickel Mining Exploration Corp vs Microasia Corp
3.20: President’s message to legislature
- This contains the President’s proposed legislative measures.
 - The Court may turn to the messages of the President to the legislature to
determine the legislative intent of the statute enacted in response to the
President’s request embodied in such messages.
3.21: Explanatory note
- It is a short exposition or explanation accompanying a proposed legislation
by its author or proponent.
- It contains statements of the reason or purpose of the bill, as well as
arguments advanced by its author in urging its passage.
- Explanatory note is resorted only for clarification in case of doubt and not
where there is ambiguity.
- It cannot override the clear legislative meaning or intent as expressed in the
statute itself.
3.22: Legislative debates, views and deliberations
- Consists of the actual proceedings of the legislative body, sought to
determine the construction of a statute with a doubtful meaning and in
ascertaining the meaning of its provisions.
- Hence, that meaning which was put in the provision during the deliberation
may be adopted.
- The views and speeches of the legislators during deliberations are not
controlling in the interpretation of the law.
- Instances when opinions and views during deliberations are not given weight
at all:
o Where there are circumstances indicating a meaning of a statute
other than that expressed by the legislators;
o Where the views expressed were conflicting;
o Where the intent deducible from such views is not clear;
o Where the statute involved is free from ambiguity;
o Where the legislator was not a member of the assembly that enacted
said laws.
CORPUZ, AMFL – STATCON READING NOTES
- Where two or more statutes relating to the same subject matter were enacted
by different assemblies, neither is qualified to speak about the intent of the
other.
3.23: Reports of Commissions
- Commissions are formed in the codification of laws to compile and collate all
laws on a particular subject and to prepare the draft of the proposed code.
- In the ambiguity of a statute, reports of the commission that drafted the code
can used as aid to construction.
3.24: Prior laws from which statute is based
- Courts are permitted to look to prior laws on the same subject and to
investigate the antecedents of the statute involved so as to ascertain the
intention of the lawmaker.
- This rule is especially applicable in: the interpretation of codes, revised or
compiled statutes since they show the legislative history that will clarify the
intent of the law as well as the meaning and scope of the codified or revised
statute.
3.25: Change in phraseology by amendments
- The change in phraseology by amendment of a provision of law indicates a
legislative intent to change the meaning of the provision from that it originally
had.
- Where the law has been amended, which requires a particular course of
action different from the law prior to its amendment, effect must be given to
changes in the statutory language.
- *See Commission of Customs vs Court of Appeals
3.26: Amendment by deletion
- The amendment by deletion of certain words or phrases in a statute
indicates that the legislation intended to change the meaning of the
statute, for the presumption is that the legislature would not have made
the deletion had the intention been not to effect a change in its meaning.
 - The amended statute should accordingly be given a construction different
from that previous to its amendment.
- 3.27: Exceptions
o When the deleted words or phrases are not surplusage or when
the intention is clear to change the previous meaning of the old
law.
o Where the intent (as shown by its legislative history) is clear that
the amendment is to plainly express the construction of the act
prior to its amendment because its language is not sufficiently
expressive of such construction.
o Neither alteration in phraseology nor the omission or addition of
words in the latter statute will be held to alter the construction of
the former acts.
3.28: Adopted Statutes
- Foreign statutes which are adopted in this country or from which local laws
are patterned form part of the legislative history of the latter.
- The application of the adopted statute should correspond in fundamental
points, at least, with its application in the country from whence it was taken.
- Philippine laws adopted from or patterned from the US:
o Corporation law
o Tax code
o Labor laws
o Naturalization law
o Rules of Court
- The adopted statutes are generally construed in accordance with the
construction given in similar statutes in the US, unless special reasons, local
customs and practice require otherwise.
3.29: Limitations of rules
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- Where the local law and the foreign statute from which the former was
patterned differ in some material aspects where the foreign construction is
clearly erroneous or has not become settled, or where the adopting state has
given the statute its own interpretation, the presumption that the foreign
construction was adopted with the adoption of the statute no longer obtains.
- *See Republic of the Philippines vs. Meralco
3.30: Principles of common law
- Courts may properly resort to common law principles in construing doubtful
provisions of a statute, particularly where such statute is modelled upon
foreign precedents.
- Where there is conflict between a common law principle and a statutory
provision, the latter prevails.
3.31: Conditions at time of enactment
- In enacting a statute, the legislature is presumed to have taken into account
the existing conditions of things at the time of its enactment.
3.32: History of the times
- The court may look into the history of the times, examine the state of things
existing when the statute was enacted, and interpret it in the light of the
conditions obtaining.
- The history of the times out of which a statute grew and to which it may be
rationally supposed to bear some direct relationship, the evils intended to be
remedied, and the good to be accomplished are proper subjects of inquiry.
C. CONTEMPORARY CONSTRUCTION
3.33: GENERAL RULE
- Contemporary/practical constructions are the constructions placed upon the
statutes at the time of, or after, their enactment by the executive, legislature,
or judicial authorities, as well as by those who, because of their involvement
in the process of legislation, are knowledgeable of the intent and purpose of
the law, such as draftsmen and bill sponsors.
 - They are invaluable aid in the construction by the courts, of ambiguous b. If there is a fair doubt, the duty of the public officer is to present
provisions of law. the case for the side which he represents, upon which lies the
- Contemporanea exposition est optima et fortissimo in lege: the responsibility of decision.
contemporary construction is strongest in law. c. If he surrenders a plausible construction, it will at least may, be
surrendered forever, and yet it may be right.
3.34: Kinds of executive construction
d. Such rulings need not have the detachment of a judicial or semi-
- Executive and administrative officers are generally the first officials to judicial decision, and may properly carry bias, hence, should not
interpret the law, preparatory to its enforcement. be authoritative.
- These interpretations are in the form of rules and regulations, circulars,
directives, opinions and rulings.
- Three types of executive interpretations of the law: 3.35: Weight accorded to contemporaneous construction
1. Construction by an executive/administrative officer directly called to
- General rule: Where there is doubt as to the proper interpretation of a
implement the law
statute, the uniform construction placed upon it by the executive or
a. Expressed interpretation: those that are embodied in circular,
administrative officer charged with its enforcement will be adopted, if
directive, or regulation
necessary to resolve the doubt.
b. Implied interpretation: a practice or mode of enforcement of not
- The contemporaneous construction is very probably the true expression of
applying the statute to certain situations or of applying it in a
the legislative purpose, especially if the construction is followed for a
particular manner; interpretation by usage or practice.
considerable period of time.
2. Construction by the Sec of Justice in his capacity as the chief legal
- Unless it is shown to be clearly erroneous, contemporaneous construction will
adviser of the government
control the interpretation of statute by the courts.
a. They come in the form of opinions issued upon request of
- The action of the agency would not be disturbed by the courts in the absence
administrative or executive officials who enforce the law;
of error or abuse of power or lack of jurisdiction or grave abuse of discretion
b. In the absence of judicial ruling on the matter and unless
clearly conflicting with either the letter or the spirit of a legislative enactment
reprobated by the President, the opinions of Sec of Justice are
creating or charging a governmental agency.
generally controlling among administrative and executive
officials of the government. 3.36: Weight accorded to usage and practice
c. However, the President or the Executive Secretary, by authority of
the President, has the power to modify, alter or reverse the - Optimus interpres rerum usus: the best interpreter of the law is usage
construction of a statute given by a department secretary. (considering period of time it was used and wideness of acceptance of
3. The interpretation handed down in an adversary proceeding in the such meaning).
form of a ruling by an executive officer exercising quasi-judicial - *See Manila Jockey vs. GAB
power. 3.37: Construction of rules and regulations
a. The position of a public officer, charged with the enforcement of a
law is different from the one who must decide a dispute.

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 - Rules and regulations issued by the executive or administrative officers
pursuant to, and as authorized by, law have the force and effect of laws.
- The interpretation by those charged with their enforcement is entitled to
great weight by the court.
- An administrative agency has the power to interpret its own rules and
such interpretation becomes part of the rules.
3.38: Reasons why contemporaneous construction is given much weight
1. Contemporaneous construction comes from the branch of government which
implements the construed law.
2. Much weight is given to CC because of the recognized competence,
expertness, experience, and informed judgement of executive officials and
the fact that they frequently are the drafters of the laws they interpret
3. There is the need for the certainty and predictability in the law. Where a
statute is enacted and a regulation is issued to implement it, much weight
must be given to CC.
- *See CEMCO Holdings vs National Life Insurance Co
3.39: When contemporaneous construction is disregarded
1. Where there is no ambiguity in the law;
2. Where the construction is clearly erroneous (in this case said construction
must be declared null and void);
3. Where strong reason to the contrary exists;
4. Where the court has previously given the statute a different interpretation.
- NOTE: It is the role of the judiciary to define and when necessary, to correct
constitutional or statutory interpretation in the context of the interaction of the
three branches of the government, almost always in situations where some
agency of the state has engaged in action that stems ultimately from some
legitimate area of government power.
3.40: Exceptions in erroneous contemporaneous construction
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- Erroneous application or execution of the law by an executive or
administrative officer may be corrected when true construction is ascertained.
- Doctrine of estoppel: a legal principle that prevents someone from arguing
something or asserting a right that contradicts what they previously said or
agreed to by law.
- Erroneous contemporaneous construction creates no vested right on the part
of those who relied upon, and followed such construction. Hence, those who
benefited from ECC may not:
o prevent correction of such construction;
o excuse themselves for complying with the construction as corrected;
o set-up such error as legal obstacle against recovery from what they
received pursuant to and on the basis of the erroneous application of
law.
3.41: Legislative interpretation
- The interpretation of the judiciary of a statute does not preclude the
legislature from indicating its construction of a statute it enacts into law,
hence, the latter may:
o Provide in the statute itself an interpretive or declaratory clause
prescribing rules of construction or indicating how its provisions
should be construed.
o Define the terms used in a statute
o Enact a declaratory act construing a previous law
o Pass a resolution indicating its sense or intention as to a given
statute.
- Legislative interpretation may likewise take the form of an implied
acquiescence to, or approval of an executive or judicial construction of a
statute.
- The legislature, in indicating its construction of a law, cannot limit or restrict
the power granted to the courts by the Constitution.
3.42: Legislative approval
 - The legislature is presumed to have full knowledge of a CC of a statute and
hence, through action or inaction may approve or ratify such CC.
- Manifestations of legislative approval:
o When it reenacts a statute previously given a CC;
o Uses words similar in their import to the language of an earlier law
which has received a practical interpretation;
o Amends a prior statute without, in the amending act, providing
anything which would restrict or change or nullify the previous CC
placed upon the prior law.
- NOTE: The silence of the legislature is equivalent to consent to continue the
practice. This accounts for an implied legislative approval.
- Ratihabitio mandato aequiparatur: legislative ratification is equivalent to a
mandate
3.43: Reenactment
- This is the most common act of legislative approval of a CC.
- Principle of legislative approval by reenactment: The reenactment of a
statute previously given a CC is a persuasive indication of the adoption by the
legislature of the prior construction.
- To make the principle of reenactment applicable, the earlier law must have
been reenacted and not merely amended and the contemporaneous
construction must be in the form of regulation to implement the law and duly
published.
- CC as approved by reenactment is accorded greater weight and respect
compared to the statute before its ratification; regarded as presumptively the
correct interpretation of the law because it shows the agreement of the
executive and the legislative as to the meaning of the law.
- *See CIR vs American Express
3.44: Stare decisis
- Premise: The interpretation of a statute by the SC forms part of the statute
itself and of the legal system, hence, controlling and is of greater weight than
CORPUZ, AMFL – STATCON READING NOTES
that of an executive or administrative officer in the construction of other
statues of similar import.
- Stare decisis et non quieta movere: requires that the past decisions of the
court be followed in the adjudication of cases with similar questions; one
should not disturb what has been settled for the stability of law.
- The goal of stare decisis lies reipublicae ut sit finis litium (the interest of the
State demands that there be an end to litigation).
- In order that a ruling of the SC be put forth under stare decisis, it must be
categorically stated on a direct ruling. If the court was silent on the question
or the facts of the cases dissimilar, it cannot fall under stare decisis.
- An obiter dictum (a judge's incidental expression of opinion, not essential to
the decision and not establishing precedent) does not fall under stare decisis.
- Exception: The rule of stare decisis does not and should not apply when
there is conflict between the precedent and the law.
- NOTE:
o Only the SC can change or abandon a precedent enunciated by it;
o An inferior court nor the legislature cannot change or abandon a
precedent except when the legislature amends or repeals the law.
o If an inferior court feel that the doctrine laid down by the SC is against
their way of reasoning, they may express their personal opinion on the
matter but must decide the case in accordance with the laid doctrine
and not using their personal view.
- *See Tung Chin Hui vs. Rodriguez
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