STATUTORY CONSTRUCTION Ambiguity does not only arise from the meaning of

the particular words but also from the general

MODULE 2: scope and meaning of the statute when all the
Basic Definitions and Concepts provisions are examined
When a literal interpretation of the words would
What is statutory construction? lead to unreasonable, unjust or absurd
consequences or where a statute is in conflict with
Art or process of discovering and expounding the the Constitution, or where the statute would
meaning and intention of the authors of the law defeat the policy of the legislation.
with respect to its application to a given case,
where that intention is rendered doubtful, among Rules of Construction
others, by reason of the fact that the given case is
not explicitly provided for in the law - Tools to ascertain legislative intent, not rules
of law but axioms of experience
Construction vs. Interpretation
- Helps the court to ascertain the true intent and
Interpretation Construction meaning of the ambiguous language of the
▪ The art of finding ▪ The process of statute
the true meaning drawing
and sense of any warranted - Legislature sometimes adopt the rules of
form of words conclusions not statutory construction as part of the provisions
always included in of the statute
▪ Makes use of the direct
intrinsic aids or expressions or Where legislative intent is ascertained
those found in the determining the
statute itself application of - The statute itself
words to facts in
▪ In practice, they litigation. - If the statute as a whole fails to indicate the
are understood as legislative intent, the court may look beyond
having the same ▪ Makes use of the statute, such as legislative history in order
signification and extrinsic aids or to ascertain what was in the legislative mind
purpose those found at the time the statute was enacted, the
outside the written circumstances when the action was taken,
language of the what evil was meant to be redressed.
statute
Statutes (subject of construction)
When is it necessary to interpret and construct?
- Include statutes, executive orders, department
- When the language of the statute is circulars, ordinances, constitution
ambiguous, doubtful, or obscure, when taken
in relation to set of facts Structure of Government affecting interpretation

- When reasonable minds disagree as to the - Legislative Power – authority of Congress to

meaning of the language used in the statute make laws and to alteror repeal them
Case: Municipality of San Juan vs. CA
When is it NOT necessary to interpret and (Validity of Proc. No. 164)
construct?
- Judicial Power – authority to settle justiciable
- When the law speaks in clear and categorical controversies or disputes involving rights that
language. The duty of the court, in such a case are enforceable and demandable before the
is to APPLY THE LAW NOT TO INTERPRET court of justice or the redress of wrongs for the
IT violation of such rights

Ambiguity - includes duty of the courts of justice to

determine whether or not there has been a
Doubtfulness, doubleness of meaning, grave abuse of discretion amounting to lack or
indistinctness or uncertainty of meaning of an excess of jurisdiction on any part of any branch
expression used in a written instrument. or instrumentality of the Government

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- Executive Power – shall be vested in the
President of the Philippines
- It is the power to enforce and administer the
laws
Check and Balance
- Laws emanate from Legislature –
o President may veto
o Courts may determine validity (with
requisites)
- Executive Department may modify or set aside
the judgement of the court (eg. Pardon)
- Legislative Department may amend of revoke
the decisions of the court (by enacting or
amending a law)
Authority of construction and interpretation
- Judicial Department
o Supreme Court
o Lower Courts:
▪ Court of Appeals
▪ Regional Trial Court
▪ Municipal Trial Court in Cities
▪ Municipal Trial Court
▪ Municipal Circuit Trial Court
Judicial Rulings
- Rulings of SC part of legal system
- Judicial Rulings have no retroactive effect
- Only SC en banc can modify or abandon
principle of law, and not any division of the
Court
- Court may issue guidelines in construing
statute
Requisites for construction
- Actual case or controversy
- There is ambiguity in the law involved
Where the law speaks in clear and
categorical language, there is no room for
interpretation, only for application.
Limitations on the power to construe
- May not enlarge or restrict statutes
- Courts may not be influenced by questions of
wisdom or sympathy
ILLUSTRATIVE CASES
Director of Lands vs. CA
GR No. 102858, July 28, 1997
Facts:
Teodoro Abisado filed petition for original
registration to his title over a parcel of land under
PD 1529. This was assigned to an RTC in Mindoro.
During the pendency of the application, applicant
died. Hence, the heirs rep. by Josefa Abistado their
Aunt were substituted as applicants. The RTC
dismissed the application for want of jurisdiction.
Records show that applicants failed to comply with
the provisions of Sec. 23 of PD 1529 on publication
of the notice of initial hearing in a newspaper of
general circulation. This was published only in the
Official Gazette.
CA reversed the decision of the RTC ruling that
publication in the newspaper of general circulation
was merely procedural and that failure to do so did
not deprive the RTC of authority to grant the
application. Hence, this appeal by certiorari.
Issue:
Whether or not the land registration court can
validly confirm and register the title of the
applicants in the absence of publication in the
newspaper of general circulation as required under
Sec. 23 of PD 1529
Provision of Law in Question:
Section 23. Notice of initial hearing, publication,
etc. The court shall, within five days from filing of
the application, issue an order setting the date and
hour of the initial hearing which shall not be
earlier than forty-five days nor later than ninety
days from the date of the order.
The public shall be given notice of the initial
hearing of the application for land registration by
means of (1) publication; (2) mailing; and (3)
posting.
1. By publication.
Upon receipt of the order of the court setting the
time for initial hearing, the Commissioner of Land
Registration shall cause notice of initial hearing to
be published once in the Official Gazette and once
in a newspaper of general circulation in the
Philippines:
Provided, however, that the publication in the
Official Gazette shall be sufficient to confer
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jurisdiction upon the court. Said notice shall be
addressed x x x x x
Decision:
The Supreme Court said No. This is impelled by
the demands of statutory construction and the due
process rationale behind the publication
requirement.
The term used is “shall” which denotes an
imperative and thus indicates the mandatory
character of a statute.
Since there was a failure to comply, with the
publication requirement, the application must be
dismissed without prejudice to reapplication in the
future after the legal requisites have been
complied with.
Pascual et.al. vs. Pascual Bautista et.al.
GR No. 84840, March 25, 1992
Facts:
Don Andres Pascual died intestate without any
children and was survived by a) Surviving spouse
Adela, b) 6 children of his full brother Wenceslao,
c) 7 children of full brother Pedro, d) acknowledged
and natural children of full blood brother Eligio
(petitioners) and e) representative of the intestate
of Eleuterio, half-blood brother.
Petitioners Motion and Motion for Reconsideration
manifesting their hereditary rights in the estate of
Don Andres was denied by RTC and dismissed by
CA. Hence, this petition.
Issue:
Whether or not Article 992 of the Civil Code can be
interpreted to exclude recognized natural children
from the inheritance of the deceased
Provision of Law involved:
Article 992 of the Civil Code:
An illegitimate child has no right to inherit ab
intestato from the legitimate children and
relatives of his father or mother; nor shall such
children or relatives inherit in the same manner
from the illegitimate child.(943a)
Petitioners contended that the word “illegitimate”
should not cover acknowledged natural children
because their illegitimacy is not due to the
subsistence of a prior marriage when such children
were conceived. This term should only cover the
spurious children.
Decision:
Supreme Court held that Article 992 does not
exclude recognized natural children from the
inheritance of the deceased.
Eligio Pascual is a legitimate child, but petitioners
are his illegitimate children. They cannot
represent their father in the succession of the
latter to the intestate estate of the decedent
Andres Pascual, full blood brother of their father.
Although the interpretation desired by petitioner
is more humane, the courts may not speculate on
the intent of the legislature apart from the words
of the law which is clear.
Pp vs. Mario Mapa y Mapulong
GR No. L-22301, August 30, 1967
Facts:
Defendant Mapa ws charged and convicted of the
crime of illegal possession of firearm and
ammunition by the CFI Manila. His sole defense is
that he is the duly appointed secret agent of the
then Governor of Batangas and at the time of the
commission of the offense, he had a confidential
missin to Manila, Pasay and Quezon Cities.
Issue:
Whether or not the appointment to and holding the
position as a secret agent of the governor would
constitute a sufficient defense for the prosecution
of the crime of illegal possession of firearm and
ammunition?
The Law is explicit:
“It shall be unlawful for any person to possess any
firearm, detached parts of firearms or
ammunition”
“Firearms and ammunitions regularly and
lawfully issued to officers, soldiers, sailors, or
marines of the Armed Forces of the Philippines,
the Philippine Constabulary, guards in the
employment of the Bureau of Prisons, municipal
police, provincial governors, lieutenant governors,
provincial treasurers, municipal treasurers,
municipal mayors, and guards of provincial
prisoners and jails” are not covered
“When such firearms are in possession of such
officials and public servants for use in the
performance of their official duties.”
Decision:
Supreme Court held that this is not a valid
defense. The law is clear. No provision is made for
a secret agent.
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As such, he is not exempt. The first and
fundamental duty of the courts is to apply the law.
Construction and interpretation come only after it
has been demonstrated that application is
impossible or inadequate without them.
Conviction of the accused must stand.
Pp. vs. Patricio Amigo
GR No. 116719, January 18, 1996
Facts:
Accused Patricio Amigo was charged and convicted
of murder by the RTC Davao City and sentenced to
reclusion perpetua. Accused claims that the
penalty is too cruel and harsh and pleads for
sympathy.
Issue:
Is sympathy a factor in imposing penalty?
Held:
Courts are not the forum to plead for sympathy.
The duty of the courts is to apply disregarding the
feeling of sympathy or pity for an accused. DURA
LEX SED LEX.
Twin Ace Holdings Corp. vs. Rufina Co.
G.R. No. 16091, June 8, 2006
Facts:
Twin Ace Holdings is a private domestic
corporation engaged in the manufacture of rhum,
wines and liquor under the name and style
“Tanduay Distillers.” It has registered its mark of
ownership over the bottles with Bureau of Patent,
Trademarks and Technology Transfer under R.A.
523. It sells products to the public excluding the
bottles, retrieves, washes and reuses them.
Rufina is engaged in production, fermentation, and
manufacture of patis and other food seasonings,
buying and selling of all kinds of foods and other
merchandize for domestic use or for export. It uses
as containers for its patis and food seasonings the
containers bottles owned by Twin Ace without
authority.
RTC issued writ of replevin. Deputy sherrif seized
26T empty bottles marked Tanduay Distellery Inc.
at the address of Rufina
Rufina claimed that the bottles were purchased
from junk shops thus, they are the owners
RTC decided in favor of Rufina by dismissing the
complaint and awarded damages
CA modified the decision by deleting award of
damages and Atty’s fees.
Issue:
Whether or not Rufina is covered within the
exemption provided by Section 6 of RA 623 as
amended by RA 5700?
Law involved:
Section 2. It shall be unlawful for any person,
without the written consent of the manufacturer,
bottler or seller who has successfully registered the
marks of ownership in accordance with the
provisions of the next preceding section, to fill such
bottles, boxes, kegs, barrels, or other similar
containers so marked or stamped, for the purpose
of sale, or to sell, dispose of, buy, or traffic in, or
wantonly destroy the same, whether filled or not,
or to use the same for drinking vessels or glasses
or for any other purpose than that registered by
the manufacturer, bottler or seller. Any violation
of this section shall be punished by a fine or not
more than one hundred pesos or imprisonment of
not more than thirty days or both.
Section 3. The use by any person other than the
registered manufacturer, bottler, or seller, without
written permission of the latter, of any such bottle,
cask, barrel, keg, box or other similar container, or
the possession thereof by any junk dealer or dealer
in casks, barrels, kegs, boxes, or other similar
containers, the same being duly marked or
stamped and registered as herein provided, shall
be prima facie evidence that such use, or
possession is unlawful.
Section 4. The criminal action provided in this Act
shall is no way affect any civil action to which the
registered manufacturer, bottler, or seller, may be
entitled by law or contract.
Section 5. No action shall be brought under this
Act against any person to whom the registered
manufacturer, bottler, or seller, has transferred by
way of sale, any of the containers herein referred
to, but the sale of the beverage contained in the
said containers shall not include the sale of the
containers unless specifically so provided.
Section 6. The provision of this Act shall not be
interpreted as prohibiting the use of bottles as
containers for "sisi", "bagoong", "patis", and similar
native products.
Decision:
Rufina is covered under the exemption under
Section 6.
The exemption contained in Section 6 of RA 623
applies to all manufacturers of sisi, bagoong, patis
and similar native products without distinction or
4
qualification as to whether they are small, medium o Constitutional law
or large scale. o Administrative Law
o Criminal Law
The law is clear thus there is no room for
interpretation. - Private Law – governs relationships between
individuals
o Civil Law
MODULE 3: o Labor Law
Laws and Statutes o Commercial Law
Sources of Law
Law
- Legislation
In its broadest sense – means any rule of action or
norm of conduct applicable to all kinds of action - Precedent – stare decisis
and to all objects of creation
- Custom
Includes all laws, whether they refer to state law,
physical law, divine law and others - Court decision

In a strict legal sense – a rule of conduct, just and Statutes

obligatory, laid down by legitimate authority for
the common observance and benefit.,
Includes statutes, presidential decrees, executive
orders, other presidential issuances, rulings of the
Supreme Court, rules and regulations by
administrative or executive officers pursuant to
delegated power, ordinances by Sanggunians of
LGUs
An act of legislature 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
Includes those enacted by the Philippine
Legislature, Batasang Pambansa and Congress of
the Philippines

Elements of Law Same force and effect: PDs of Marcos, EOs of Cory
under Freedom Constitution
- It is a rule of conduct
- Laws must be just Classifications
- It must be obligatory
- Laws must be prescribed by legitimate As to nature:
authority - Penal
- Laws must be ordained for the common benefit - Remedial
- Substantive
Classification of Law - Labor
- Tax
Natural Law – authority from God, superior to all
other laws As to application
- Mandatory
Positive Law - Directory
- Physical law – universal rule of action that - Public or private
governs conduct and movement
As to Performance:
- Moral Law – establishes what is right and - Permanent
wrong as dictated by human conscience - Temporary

- Divine Law – As to scope:

o divine positive law, eg. Ten - General
Commandments, - Special
o divine human positive law, eg, - Local
Commandments of the Church
Others
- Public Law – relationship between state and - Prospective or retroactive
individuals - Repealing or amendatory

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- Reference or declaratory
Enactment of Statutes
- Legislative Power --- Congress (Senate and the
House of Representatives)
- Procedural Requirements
o Basic requirements provided by the
Constitution
o Detailed procedures – congress may
promulgate
Constitutional Requirements
- Every bill passed by Congress shall embrace
only one subject which shall be expressed in
the title thereof
- Purpose:
o To prevent hodge podge or log rolling
legislation
o To prevent surprise or fraud upon the
legislature
o To fairly apprise the people of the
subjects of legislation being considered
How a Bill Becomes a Law
Steps
First Reading – introduced to the house (may be
upper or lower house with exceptions), title is read
and referred to committee
Second Reading – Read in full with amendments
by the committee, subject to debates, deliberations
and amendments,
Third Reading – Submitted for final vote by yeas
and nays
Refer to other House – undergoes three readings
Conference Committee – if other house introduces
amendments and the originating house does not
agree, differences are settled by the Conference
committee, recommendations should be approved
by both houses
Authentication – signing by Speaker and Senate
President of printed copy of approved bill, certified
by the respective secretaries of both houses
President’s Approval/Veto –
- if approve, will sign it,
- if not approve veto and return to the house
where it originated
- Inaction – deemed approved within 30 days, no
pocket veto
- If vetoed – may be overridden by 2/3 votes of
each house voting separately
Parts of Statute
- Preamble
- Title
o Requirement – one subject which shall
be expressed in the title
- Enacting Clause
- Purview or body of statute
- Separability Clause
- Repealing Clause
- Effectivity Clause
Legislative Journal
- Required by Constitution
- Conclusive with respect to matters that are
required by the Constitution to be recorded
therein
- Other matters - in the absence of evidence to
the contrary, also accorded conclusive effect
- Conflict between enrolled bill and legislative
journal, former prevails for the other matters
Enrolled Bill
- Bill as passed by Congress, authenticated by
the speaker and Senate President and
approval by the President
- Deemed importing absolute verity and binding
on the courts
- Enrolled Bill doctrine – conclusive of its due
enactment
- Court cannot go behind the enrolled act to
discover what really happened
6
Withdrawal of Authenticity
Speaker and President of Senate may withdraw
Signatures
- Serious and substantial discrepancy between
the text of the bill as deliberated in the
legislature and shown by the journal and that
of the enrolled bill
- Effect of withdrawal – nullify status as
enrolled bill
Issuances, Rules, and Ordinances
- Presidential Issuances
- Administrative Rules and Regulations
- Administrative Interpretation
- Supreme Court Rules
- Ordinances of Local Governments
o Barangay
o City
o Municipality
o Province
Validity of Statutes
- Presumption of Constitutionality
- Judicial Review
o Appropriate case
o Standing
o Constitutionality raised at earliest
opportunity (ripeness/prematurity)
o Justiciability (not a political question)
o Necessity of deciding constitutionality
(lis mota)
Effect of unconstitutionality
- Is not a law, confers no rights, imposes no
duties, no protection, creates no office,
inoperative as though
- it has never been passed
- Prior to declaration – presumed to be valid
- Partial invalidity
Effect and Operation
- Tañada vs, Tuvera --- Publication required
- Ordinances:
o Posting
o Gist of ordinances with penal sanctions
– published in newspaper of general
circulation
o For highly urbanized and independent
component cities – publication in local
newspaper of general circulation
within the city in addition to posting
- Valid until repealed
MODULE 4:
General Principles and Guidelines in Construction
Legislative Intent
- Object of construction is to ascertain the
intention of the legislature, to the end that the
same may be enforced
- Meaning (literal) and Intention (may be
outside the literal meaning) must be sought
first in the language of the statute itself:
Verba Legis
- Plain meaning rule - Statute must be
interpreted literally though the court should be
convinced that some other meaning was really
intended by the law-making power and even
though the literal interpretation should defeat
the very purposes of the enactment. (with
exceptions)
Statutes as a Whole
- Legislative intent must be ascertained from a
consideration of the statute as a whole and not
merely of a particular provision.
o A word or phrase might convey a
meaning different from the one
intended if taken in the abstract eg. A
general provision may have limited
application if read with other
provisions
o Effect and meaning must be given to
every part of the statute which is being
subjected to construction (not to be
presumed that legislature used any
useless word)
o Court should construe all of the
constituent parts of the statute
together and seek to ascertain the
legislative intent from the whole act,
considering every provision thereof in
the light of the general purpose and
object of the act itself and endeavoring
to make every part effective,
harmonious and sensible.
o Court should avoid absurd
consequences and refuse to regard any
word as superfluous unless it is clearly
unavoidable.
7

Duty to Reconcile
- Each provision in a statute is inserted for a
definite reason
- The courts therefor have the duty to reconcile
or harmonize so far as practicable the various
parts and provisions thereof so as to make
them consistent, harmonious and sensible. It is
only through this that the statute will be given
effect as a whole.
Rules in construing a statute
- Special and general provisions in same
statute—special provision prevails regardless
of the position it occupies in a statute, and
whether it comes earlier or later than the
general one
- Construction as not to render provision
nugatory
- Construction to give life to the law
- Construction to avoid surplusage
Spirit and Purpose of the Law
- Exception to Verba Legis Rule
- When literal interpretation would lead to
absurd and mischievous consequences or
would thwart or contravene the manifest
purpose of the legislature in its enactment, it
should be construed according to its spirit and
reason, disregarding or modifying so far as
may be necessary the strict letter of the law:
o A case which falls within the letter of a
statute may not be governed by the
statute because it is not within the
intention of the legislature
o Statutes may be extended to cases not
within the literal import of the terms if
plainly meant to be included
- NOT APPLICABLE if statute is free from
AMBIGUITY (there is no doubt on the
meaning and intent)
Literal import must yield to intent
- A construction that gives to the language used
in a statute a meaning that does not
accomplish the purpose of which the statute
was enacted should be rejected
- Between two statutory interpretations, that
which better serves the purpose of the law
should prevail
- When the reason of the law ceases, the law
itself ceases
Other Considerations:
- Construction to avoid absurdity
- Construction to avoid injustice
- Construction of avoid danger to public interest
- Construction to favor right and justice
Implications
Doctrine of Necessary Implications
- The implications and intendments arising from
the language of a statute are as much a part of
it as if they had been expressed. But it is only
the necessary implications which may thus be
read into the statute
o TEST: The implication must be so
strong in its probability that the
contrary thereof cannot be reasonably
supposed.
Example of Implications:
- Grant of power right or privilege deemed to
include all incidental power, right or privilege.
Thus, the power to establish an office carries
with it the authority to abolish it, unless there
are constitutional provisions expressly or
impliedly providing otherwise. The power to
approve a license includes by implication the
power to revoke.
- Grant of power excludes greater power. Power
of supervision over local government does not
include power to suspend or remove local
elective officials, being acts of control which is
greater than supervision.
- Implications in a grant of jurisdiction – carries
with it all necessary and incidental powers to
employ all writs, processes, and other means
essential to make its jurisdiction effective.
When a court is given jurisdiction over the
main cause of action, it can grant reliefs
incidental thereto, even it they would
otherwise be outside of its jurisdiction.
- Remedy implied from a Right. Where there is
a right, there is a remedy for violation thereof.
Where the constitution declares that a right
exists in certain specified circumstances, an
action may be maintained to enforce such right
notwithstanding the absence of legislation on
8
 the subject; consequently, if there is no statute
especially enacted to enforce such
constitutional right, such right is enforceable
itself by its own inherent potency and
puissance, and from which all legislations
must take their bearings. For where there is a
right, there is a remedy. (Manila Prince Hotel
vs. GSIS)
- Illegality of an act implied from prohibition.
When a statute prohibits the doing of an act,
the act done in violation thereof is by
implication null and void. The prohibited act
cannot serve as a foundation of a cause of
action for relief.
- Parties to an act prohibited by statute be left
where they are, to make the statute effective
and to accomplish its object.
- Exception: When it will violate an avowed
fundamental policy or public interest. When
the transaction is not illegal in itself but only
prohibited and such prohibition is designed for
the protection of one party
No implications
- What is implied should not be against the law.
Statutory grant of power does not include such
incidental power which cannot be exercised
without violating the Constitution, the statute
conferring the power, or other laws on the same
subject. Thus, the power to appoint while
ordinarily implies the power to suspend or
remove, the constitutional against suspension
or removal of civil service employees except for
cause as provided in the law precludes such
implication.
- Authority to charge against public funds may
not be implied. Unless a statute expressly so
authorizes, no claim against the public fund
may be allowed. A statute may not be
construed as to authorize, by implication, a
charge against public funds.
- Example: A statute requiring employers to pay
13th month compensation, the statute may not
be construed to include the sovereign, nor the
term “employers” be construed to include the
government.
- What cannot be done directly cannot be done
indirectly.
- There should be no penalty for compliance with
law
Casus Omissus
- Casus omissus pro omisso habendus est states
that a person, object or thing omitted from an
enumeration must be held to have been
omitted intentionally.
- Applies only if and when the omission has
clearly been established, and in such case,
what is omitted in the enumeration may not by
construction, be included therein
- When a statute makes specific provisions in
regard to several enumerated cases or objects,
but omits to make any provision for a case or
object which is analogous to those enumerated,
or which stands upon the same reason, and is
therefore within the general scope of the
statute, and it appears that such case or object
was omitted by inadvertence or because it was
overlooked or unforeseen, such omissions can
be supplied by the courts.
Stare Decisis
- Policy of Courts to stand by precedent and not
disturb settled points. When the court has once
laid down a principle of law as applicable to a
certain state of facts, it will adhere to that
principle, and apply it to all future cases,
where facts are substantially the same,
regardless of whether the parties and property
are the same.
MODULE 5:
Statutes Construed in Relation with the
Constitution and Other Statutes
Statutes construed in harmony with the
Constitution
- The legislature in enacting a law is presumed
to have adhered to constitutional limitations
- A statute should be construed whenever
possible in a manner that will avoid conflict
with the constitution
- It should be given a construction that is in
harmony with the tenets of the fundamental
law
- Courts may even be justified in disregarding
the more usual and apparent import of the
language used to avert the repugnancy
between what the statute provides and what
the constitution requires to reach and
interpretation free from constitutional defect
9
PARI MATERIA RULE
- Statutes are in pari materia if they relate to
the same subject, or have the same general
purpose
- Statutes in pari materia should be read and
construed together as if they constituted one
law.
- They shall then be construed and harmonized
with the existing law.
- This rule is founded on the assumptions that is
enacting a law, the legislature has in mind the
previous statutes relating to the same subject
matter, and in the absence of express repeal or
amendment the new statute is deemed enacted
in accordance with the legislative policy
embodied in the previous statutes that it
enacted.
- This Rule is subject to two qualifications:
1. If two or more statutes on the same
subject were enacted at different times
and under different conditions and
circumstances,
THEIR INTERPRETATION SHOULD
BE IN ACCORDANCE WITH THE
CIRCUMSTANCES OR CONDITIONS
PECULIAR TO EACH
2. A statute will not be construed as
repealing prior act or acts on the same
subject unless the new law is evidently
intended to all prior laws on the matter.
o In case of doubt, the doubt will be
resolved against implied amendment or
repeal and in favor of harmonization of
all laws on the subject
Special vs. General Law:
- Special law prevails over a general law
- Exceptions:
1. The general law prevails over the special
law when it treats the subject in particular
and the special law refers to it in general
(Bagatsing vs. Ramirez, G.R. No. 41631,
December 17, 1976)
2. The general law prevails over the special
law when the legislature intended the
general enactment to cover the whole
subject and to repeal all prior laws
inconsistent therewith. (Lechaco vs. Civil
Aeronautics Board, 43 SCRA 670)
Revision and Codification
- Purpose is to restate the existing laws into one
statute, simplify complicated provisions, and
make the laws on the subject easily found.
- In the course of revision or codification, some
new provisions are inserted, some old
provisions are omitted, the phraseology is
changed and sections are rearranged. What
meaning or significance may be attached to
any of these modifications or changes?
Rules
- Construction to harmonize different provisions
- What is omitted is deemed repealed
o Reason: by its nature is intended to be
a complete enactment on the subject
and an expression of the whole law
thereon, thus indicates an intent to
abrogate provisions of old laws that are
not reproduced in the revised statute or
code
o But it must be the clear intent of the
legislature that the later act be the
substitute of the prior act
- Change in phraseology – does not by itself
imply that it was the intent of the lawmakers
to amend or change the construction of the old
law.
Reenacted Statutes
- Reenacted statute - a statute which reenacts
provisions of an earlier statute, the provisions
in the earlier statute are reproduced in the
same words or substantially the same words.
- In interpreting reenacted statutes, the Court
will follow the construction which such statute
received when previously in force
Adopted Statutes
- Statutes patterned after or copied from a
statute of a foreign country.
- The construction given to them by the courts
from the country from which they were taken
will be considered by the courts. Such
construction, however, will not be conclusive to
our courts.
10
- Adopted statutes – those which are patterned
after or copied fro the statute of another
country.
- For purposes of construing an adopted statute,
our courts will necessarily be guided by the
interpretation and construction of the courts of
the country from which the statute is taken
Others
- Reference statute – refers to other statutes and
makes them applicable
Rule: should be construed in harmony with and
give effect to the adopted statute
- Supplemental statute – intended to supply
deficiencies in an existing statute and to add
to, complete, or extend the statute without
changing or modifying its original text
Rule: The original and supplemental act
should be construed together in its entirety
MODULE 6:
Statutes Construed in Relation with the
Constitution and Other Statutes
Generally
- A word or phrase used in a statute may have
an ordinary, generic, restricted, technical,
legal, commercial or trade meaning
- It may have been defined in the statute itself
or may have previously received a judicial
construction.
- Which meaning should be given depends upon
what the legislature intended
- This could be found from the statute itself and
secondarily from extraneous and relevant
circumstances
Statutory definition
- Legislative definition controls the meaning of
the statutory word, irrespective of any other
meaning the word or phrase may have in its
ordinary or usual sense
- Qualification: is controlling only insofar as said
act/law is concerned. The definition is not
conclusive as to the meaning of the same word
or term as used in other statutes.
How to interpret words and phrases in a statute?
- It depends. If the words and phrases used are
defined in the statute itself, such definition
controls the meaning of the statutory word,
irrespective of any other meaning the word or
phrase may have in its ordinary or usual sense.
- If there is no such definition, the words or
phrases in the statute should be interpreted in
accordance with its well-accepted meaning and
they should be construed in the light of the
context of the whole statute.
Is statutory definition conclusive to the courts?
- Not necessarily conclusive to the courts in the
following cases:
o When such definition creates obvious
incongruities
o When it contravenes the major purpose
of the statute and
o When it becomes illogical as a result of
a change in its factual basis
o In such cases, it will be given a meaning
that will serve the purpose of the law or
which make the law logical and free
from incongruities
Rules
- Words construed in their ordinary sense
- General words construed generally
- Generic term includes things that arise
thereafter
- Words with commercial or trade meaning
- Words with technical or legal meaning
- How identical terms in same statute construed
- Meaning of word qualified by purpose of
statute
- Meaning of term dictated by context
- Where the law does not distinguish
- Disjunctive and Conjunctive words
Rules in the following situations:
- When a word used in a statute has a general
meaning
11
- When the word used has a technical meaning
- When the word used has no meaning in
harmony with the legislative intent
- When the word or phrase is repeatedly used in
a statute
Word has a general meaning
- The general word should not be given a
restricted meaning unless it is otherwise
indicated
- Eg. “Foreigner” – includes juridical persons.
- “person” – includes private juridical
corporation unless it appears that it is used in
a more limited sense
- “judge” – includes judges in the inferior courts
and justices of the SC
Word has a technical meaning
- They are considered to have been used in their
technical sense
- Eg. where criminal case is “dismissed” is not
equivalent to being “acquitted”
- acquitted – finding of not guilty based on the
merit, does not include a dismissal of the case
because dismissal does not amount to
acquittal, except when the dismissal comes
after the prosecution has presented all its
evidence and is based on insufficiency of such
evidence.
How identical terms in same statute construed?
- A word or phrase used in one part of a statute
shall receive the same interpretation when
used in every other part of the statute unless a
different meaning is intended. Likewise, when
a word or phrase is repeatedly used in a
statute, it will, as a rule, bear the same
meaning throughout the statute
- Reason: It is presumed that a word used in a
statute in a given sense is to be used in the
same sense throughout the law.
- This is particularly applicable where iin the
statute the words appear near each other
physically and particularly where the word has
technical meaning and that meaning has been
defined in the statute.
Illustration
Case: Krivenko vs. Register of Deeds, 79 Phil. 461)
- Riceland in share tenancy is classified
according to average produce per hectare for
the three agricultural years next preceding the
current harvest
- Riceland in leasehold tenancy is classified
according to the normal average harvest of the
three preceding years
- Year = agricultural year, not calendar year
Meaning of a word qualified by purpose of statute
- The purpose may indicate whether to give a
word or phrase an ordinary, popular, technical,
legal, commercial, restricted, or expansive
meaning. In construing a word or phrase, the
court should adopt that interpretation that
accords best with the manifest purpose of the
statute or promotes or realizes the object.
Word or phrase construed in relation with other
provisions
- A word, phrase or provision should not be
construed in isolation but must be interpreted
in relation to other provisions in the law.
- This is a variation on the rule that statutes
should be construed as a whole and each of the
provisions must be given effect.
Illustration
Case: Claudio vs. COMELEC
- Issue: how the term recall should be
interpreted?
- Recall election only or includes recall
proceedings from preparatory recall assembly,
etc…?
- LGC provision
“No recall shall take place within one (1) year
from the date of the official’s assumption of
office or one (1) year immediately preceding a
regular election”
- Supreme Court construed the word “recall” to
refer only to the recall election and not those
proceedings prior thereto, which may take
some time.
- This was construed in relation to Sec. 69 of the
Code to the effect that
12
 o “the power of recall… shall be exercised
by the registered voters of the local
government unit to which the local
elective official belongs”
- Since the power vested on the electorate is not
the power to initiate recall proceedings but the
power to elect an official into office.
Meaning of term dictated by context
- A word is to be understood in the context in
which it is used.
- While ordinarily a word or term in a statute
will be given the usual and commonly
understood meaning, the context in which the
word or term is employed may dictate a
different sense.
- The context may give a broad sense to a word
of otherwise ordinary limited meaning
- Eg.
“A riparian owner of the property adjoining
foreshore lands, marshy lands or lands covered
with water bordering upon shores of banks of
navigable lakes or rivers shall have preference
to apply for such lands adjoining his property.”
Riparian strictly speaking is a person who
owns land situated in the banks of river. In this
context, it is used in a broader sense to also
refer to those owners to any property having a
water frontage
- The context may also limit the meaning of
what otherwise is a word of broad signification.
Word has no meaning in harmony with legislative
intent
- These can be treated as surplusage, and they
may entirely be ignored
- Before resorting to this however, the courts
should construe the statute in its entirety and
find out if the words used can still admit a
reasonable construction which can give them
force and meaning.
When the law does not distinguish:
- Where the law does not distinguish courts
should not distinguish. Ubi lex non distinguit,
nec non distinguere debemus
- Founded on logic, in corollary of the principle
that general words and phrases in a statute
should ordinarily be accorded their natural and
general significance.
- There should be no distinction in the
application of statute where non is indicated.
Particular words and phrases
- OR and AND
- AND/OR
- SHALL and MAY
- ALL, EVERY, and ANY
- AND SO FORTH
- AND THE LIKE
- CANNOT, SHALL NOT
- THE FOLLOWING MAY, THE FOLLOWING
SHALL
OR and AND
- OR – is a disjunctive term which indicates an
alternative. Various members of the sentence
are to be taken separately
OR is not disjunctive:when the spirit or content
of the law warrants it
- AND – is a conjunctive term, it means that the
members of a sentence are to be taken jointly
Exception: AND may mean OR if this is the
plain intention of the legislature which could
be gleaned from the context of the statute
AND/OR
- Effect shall be given to both the conjunctive
AND the disjunctive OR depending on which
one will serve the legislative
SHALL and MAY
- SHALL is imperative. It operates to impose a
duty, which may be enforced
- MAY is permissive and it operates to confer
jurisdiction
Associated Words
- Noscitur a sociis
- Ejusdem generis
- Expressio unius est exclusio alterius
- Doctrine of last antecedent
- Reddendo singula singulis
13
Noscitur A Sociis:
- Where a particular word or phrase is
ambiguous in itself or susceptible of different
meanings, its correct construction may be
made clear and specific by considering the
company of words in which it is found or
associated.
Illustration
- Eg. In cases of defamation, fraud, physical
injuries offended party can file separate and
independent civil action for damages under
Art. 33 of the Civil Code
- Issue: does it include frustrated murder?
Ejusdem Generis
- Where a general word or phrase follows an
enumeration of particular and specific words of
the same class or where the latter follow the
former, the general word or phrase should be
construed to include, or to be restricted to
persons, things or cases akin to, resembling, or
of the same kind or class as those specifically
mentioned.
Illustration
- Electoral propaganda, gadgets, pens, lighters,
fans, flashlights, athletic goods or materials,
and the like.
--- exclude taped jingles
- Neglect of duty, oppression, corruption, or
other forms of maladministration of office ---
exclude those related to personal behavior
Expressio Unius est Exclusio Alterius
- The express mention of one person, thing, or
consequence implies the exclusion of all others
- What is expressed puts an end to that which is
implied
- A general expression followed by exceptions
therefrom implies that those which do not fall
under the exceptions come within the scope of
the general expression
- The expression of one or more things of a class
implies the exclusion of all not expressed, even
though all would have been implied had none
been expressed.
Doctrine of last antecedent
- A qualifying word or phrases should be
understood as referring to the nearest
antecedent.
- In the absence of legislative intent to the
contrary, preferential and qualifying words
and phrases must be applied only to their
immediate or last antecedent, and not to the
remote or preceding words or association of
words.
Illustration
- Tenant – a person who, himself and with the
aid available from within his immediate
household, cultivates the land belonging to, or
possessed by another
- Immediate farm household – members of the
family of the tenant, and such other person or
persons, whether related or not, who are
dependent upon him for support and who
usually help operate the farm enterprise
Qualification of the doctrine
- Where the intention of the law is to apply the
phrase to all antecedents embraced in the
provision, the same should be made extensive
to the whole
- Eg. Xxx facilities, improvements,
infrastructures and other forms of
development, xxx which are offered and
indicated in the approved subdivision or
condominium plans
Reddendo singula singulis
- Variation of doctrine of last antecedent which
means referring each to each
- The antecedents and consequences should be
read distributively to the effect that the each
word is to be applied to the subject to which it
appears by context most appropriately related
and to which it is most applicable.
Illustration
Section 6, Rule 122 of the Rules of Court:
“an appeal must be taken within fifteen (15) days
from promulgation or notice of the judgment or
order appealed from.”
Issue: when to count the 15-day period, from
promulgation or from notice of judgment?
14
Decision: from promulgation of the judgment
Promulgation refers to judgement whereas notice
refers to order.
Proviso
- Commonly found at the end of a section or
provision and is introduced by “Provided.”
- The office of the proviso is either to limit the
application of the enacting clause, section, or
provision of a statute, or to except something
therefrom, or to qualify or restrain its
generality, or to exclude some possible ground
of misinterpretation of it, as extending to cases
not intended by the legislature to be brought
within its purview. (generally, not to enlarge it)
- Exception: When the legislative intent is to
enlarge it:
- Eg.
“It shall be unlawful for any person for any
person to carry concealed about his person any
bowie, knife, dagger, kris, or other deadly
weapon: Provided, that this provision shall not
apply to firearms in the possession of persons
who have secured a license therefor or who are
entitled to same under the provisions of this
Act.”
Issue: does “other deadly weapon” include an
unlicensed firearm concealed about the
person?
Answer: Following rule of ejusdem generis,
supposedly, it does not because the
enumeration refers to bladed weapons, not
firerams. However, with the proviso, the
mention of firearms implies that an unlicensed
firearm is included in the term “other deadly
weapon”
Effect: proviso enlarged the scope of the law
- General rule is that proviso qualifies or
modifies only the phrase immediately
preceding it or restrains or limits the
generality of the clause that it immediately
follows, not to the statute itself or to other
sections of it.
- Exception: Where the legislative intent is to
restrain or qualify not only the phrase
immediately preceding it but also earlier
provisions or even the statute itself as a whole
Exception
- Consists of that which would otherwise be
included in the provision from which it is
excepted.
- Clause which exempts something from the
operation of a statute by express words.
- Generally expressed by words such as “except”,
“unless”, “otherwise” and “shall not
apply”
- The function of an exception is neither to color
nor to dominate nor to destroy the general rule.
- Express mention of exceptions operates to
exclude other exceptions, those which are not
within the enumerated exceptions are deemed
included in the general rule.
- Exceptions as a general rule should be strictly
but reasonably construed, they extend only as
far as their language fairly warrant and all
doubts should be resolved in favor of the
general provisions.
Exceptions vs. Proviso
- An exception exempts something absolutely
from the operation of a statute by express
words in the enacting clause. A proviso defeats
its operation conditionally.
Saving Clause
- A clause in a provision of law which operates to
except from the effect of the law what the
clause provides, or to save something that
would otherwise be lost.
- Usually used to except or save something from
the effect of a repeal of a statute.
- Where existing procedure is altered or
substituted by another, it is usual to save those
proceedings pending under the old law at the
time the new law takes effect by means of a
saving clause.
MODULE 7:
Aids in Interpretation and Construction
Aids in Construction
In determining the intention of the legislature,
courts may use any of the following:
- Intrinsic Aids – elements found in the law itself
15
- Extrinsic Aids – facts or matters not found in
the law
- Presumptions - based on logic and or
established provision of law
NOTE: resort first to intrinsic aids before resorting
to extrinsic aids and before indulging in
presumptions
Intrinsic Aids
Those aids of construction found within the
statute:
The parts of the statute:
- Title
- Preamble
- Context of body/Text of Statute
- Chapter and section headings/Subtitles
- Punctuation and interpretation clause
Extrinsic Aids
Aids of construction from outside sources, meaning
outside of the four corners of the statute
Extrinsic aids are only resorted to after availing all
the intrinsic aids and still there remain some
ambiguity in the statute.
Includes:
- Contemporaneous Circumstances –
conditions existing at the time the law was
enacted such as
• History of the times and conditions
• Previous state of the law
• Customs and Usages of the people
• Policy – general policy of the law or
settled
policy of the state
• Legislative History of the Statute
o Actual proceedings of the
legislative body found in the
reports of committees,
transcript of hearing,
legislative investigations and
debates
• Contemporaneous and Practical
Construction
• Executive Construction
• Legislative Construction
• Judicial construction
• Construction by the bar and legal
commentators
• Individual statements by members of
congress
• Statement by the author of the law
NOTE: extrinsic aids are entitled to
respect, consideration and weight, but the
courts are at liberty to decide whether they
are applicable or not to the case brought to
it for decision
PRESUMPTIONS IN AID OF CONSTRUCTION
Presumptions
- In construing an ambiguous statute, the
Courts will presume that it was the intention
of the legislature to enact a valid, sensible and
just law, and one which should change the
prior law no further than may be necessary to
effectuate the specific purpose of the act in
question
- Construction should be in harmony with this
assumption whenever possible
- But presumptions cannot prevail against the
clear and explicit terms of the law
Presumptions:
- Of Validity
- Of constitutionality and Against
Unconstitutionality
- Of Good Faith
- Against Injustice
- Against Inconsistency
- Against Absurdity
- Against Ineffectiveness
- Against irrepealable laws
- Against Implied Repeals
- Against violation of public policy
- Of knowledge of existing laws
- Of Acquiesence to Judicial Construction
- Of jurisdiction
- Of acting within the scope of authority
- Against Violation of International Law
Presumption against Unconstitutionality
- Laws are presumed constitutional. To justify
nullification of a law, there must be a clear and
unequivocal breach of the constitution, not a
doubtful and argumentative implication.
- A law shall not be declared invalid unless the
conflict with the constitution is clear beyond
reasonable doubt.
Presumption Against Injustice
- The law should never be interpreted in such a
way as to cause injustice as this is never within
the legislative intent, for we presume the good
motives of the legislature to render justice.
16
- Law and justice are inseparable. Some laws
while generally valid may seem arbitrary when
applied in a particular case because of its
peculiar circumstances. In such situation, we
are not bound to apply them just the same in
slavish obedience to the language. Instead, we
should finda a balance between the word and
the will that justice may be done even as the
law is obeyed
Presumption against irrepealable laws
- It is presumed that the lawmaking body does
not intend that its law shall be irrepealabe
- Reason: the need of today and the situation
obtaining now will not most likely be the same
in the years to come
Presumption against Implied Repeals
- Repeals of laws by implications is not favored
and that courts must generally assume their
congruent application.
- The two laws must be absolutely incompatible,
and clear finding thereof must surface, before
the interference of implied repeal may be
drawn.
- Every statute must be so interpreted and
brought into accord with other laws as to form
a uniform system of jurisprudence.
- Legislature is presumed to know the existing
laws not to have enacted conflicting statutes.
Hence, all doubts must be resolved against any
implied repeal.
- All efforts should be exerted in order to
harmonize and give effect to all laws in the
subject.
- The language of the latter statute must be such
as to render it irreconcilable with what had
been formerly enacted.
- Requirements before statute can be considered
to have repeal a prior statute by implication:
1. That the statute touch the same subject
matter
2. That the later statute is repugnant to the
earlier one
- Basic rules on repeal:
1. Laws are repealed only by subsequent
ones, and their violation or nonobservance
shall not be excused by disuse or custom or
practice to the contrary
2. When a law which expressly repeals a prior
law is itsef repealed, the law first repealed
shall not be thereby revived, unless
expressly so provided. However, when a
law repeals a prior law, not expressly but
by implication only, its repeal revives the
prior law unless the language of the
repealing statute provides otherwise
3. A general law does not repeal a special law
unless it is so expressly provided, or they
are incompatible.
Presumption against Ineffectiveness
- It is presumed that legislature intends to
impart to its enactments such as meaning as
will render them operative and effective, and
to prevent persons from eluding r defeating
them.
- In case of doubts or obscurity, the construction
will be such as to carry out those objects.
Presumption Against Absurdity
- Statutes must receive a sensible construction
such as will give effect to the legislative
intention so as to avoid an unjust or absurd
conclusion.
Presumption of Jurisdiction
- A statute will not be construed in such a
manner as to oust or restrict the jurisdiction of
superior courts, or to vest a new jurisdiction in
them, unless there are express words or a
necessary implication to that effect
Presumption Against Violation of International
Law
- Pursuant to the Constitutional provision that
the state adopts the generally accepted
principles of international law as part of the
law of the land and adheres to the policy of
peace, equity, justice, freedom, cooperation and
amity with all nations.
17
MODULE 8: The intention of the legislature must be
Construction of Different Statutes ascertained

Kinds of Statutes

As to Nature:
- Penal statutes
- Remedial statutes
- Substantive statutes
- Labor Statutes
- Tax Statutes

As to Application:
- Mandatory
- Directory
Mandatory Statutes
As to Performance:
- Permanent
- Statutes conferring power
- Temporary
- Statutes granting benefits
- Statutes prescribing jurisdictional
As to Scope:
requirements
- General
- Statutes prescribing time to take action or to
- Special
appeal
- Local
- Statutes prescribing procedural requirements
- Election laws on conduct of elections
Others:
- Election laws on qualifications and
- Prospective or retroactive
disqualifications
- Repealing or amendatory
- Reference or declaratory
- Statutes prescribing qualifications for an office
– regarded as mandatory. May be ousted if not
Mandatory vs. Directory statutes qualified at any time upon discovery
- Mandatory - A statute which commands either - Election laws on qualification and
positively that something to be done, or
disqualification – considered mandatory even
performed in a particular way, or negatively after elections.
that something be not done, leaving the person
concerned no choice on the matter except to - Statutes relating to assessment of taxes
obey
- Statutes concerning public auction sale
- Those which contain words of command or
Directory Statutes
prohibition, and non-compliance with the same
renders the proceedings to which it relates as - Statutes prescribing guidance for officers
illegal and void.
- Statutes prescribing manner of judicial action
- Statutes requiring rendition of decision within
- Directory - statute which is permissive or
prescribed period
discretionary in nature and merely outlines the - Constitutional time for courts to render
act to be done in such a way that no injury can
decision
result from ignoring it or that its purpose can
be accomplished in a manner other than that
Strict vs. Liberal Construction
prescribed and substantially the same result
obtained
- Strict – according to the letter of a statute,
which recognizes nothing that is not expressed,
- Merely operates to confer discretion upon a
takes the language used in its exact meaning,
person, namely, to act according to the dictates
and admits no equitable consideration. The
of his own judgment and conscience and not
scope of the statute shall not be extended or
controlled by the judgment and conscience of
enlarged by implication, intendment or
others
equitable consideration beyond the literal
meaning of its terms

18
- Liberal – such equitable construction as will
enlarge the letter of a statute to accomplish its
intended purpose, carry out its intent, or
promote justice. Expands the meaning of a
statute to meet cases which are clearly within
the spirit or reason thereof or within the evil
which the statute was designed to remedy, or
which gives a statute its generally accepted
meaning to the end that the most
comprehensive application thereof may be
accorded without being inconsistent with its
language or doing violence to any of its terms.
Strict or Liberal?
- Depends upon the nature of the statute, the
purpose to be subserved and the mischief to be
remedied
- Strict or liberal construction will be given a
statute that will best accomplish the end
desired and effectuate legislative intent
Penal Statutes
- Those which impose punishment for an
offense, committed against the state.
- Statutes which command or prohibit certain
acts and establish penalties for their violation
How interpreted?
- Against the state and liberally in favor of the
accused (People vs. Purisima)
NOTE: This rule should not be unreasonably
applied as to defeat the true intent and meaning of
the enactment found in the language used.
- Language cannot be enlarged beyond the
ordinary meaning of its terms. Only those
persons, offenses and penalties clearly
included, beyond any reasonable doubt, will be
considered within the operation of the statute
Remedial statutes
- Those designed to correct an existing law,
redress an existing grievance, or introduce
regulations conducive to the public good
How interpreted?
- Liberally construed because they were enacted
by the legislature precisely to improve the law
so that they will be in harmony with new ideas
and conceptions of justice and proper conduct
of men
Eg. Rules of Court – The Rules shall be liberally
construed in order to promote their objective and
to assist the parties in obtaining just, speedy and
inexpensive determination of every action and
proceeding (Sec.6, Rule 1)
Other remedial laws: statutes prescribing
prescriptions of crimes, curative statutes,
redemption laws
Substantive Statutes
- Laws which establish rights and duties
How interpreted?
- What the law grants, the courts cannot deny.
The first duty of the judge is to apply the law,
whether it is just or unjust, provided the law is
clear and there is no doubt.
- In case of doubt, the judge should presume that
the lawmaking body intended right and justice
to prevail
Labor Statutes
- Laws that govern the rights and obligations of
employers and employees, providing as well for
the rules by which such rights and obligations
may be enforced.
How interpreted?
- All doubts in the implementation and
interpretation of the provisions of this code,
including its implementing rules and
regulations, shall be decided in favor of
LABOR.
Tax Statutes
- Those which impose rules and regulations,
related to taxation or to creation of particular
sources of revenue such as taxes, fees, and
charges that are needed for the support of
government and for all public needs
How interpreted?
- Strictly against the taxing power and liberally
in favor of the taxpayer.
Rules of construction of tax laws:
- The real purpose of the legislature of that
purpose is discernable from its stature will
prevail over the literal import of the words
- The spirit, rather that the letter of an
ordinane, determines the construction thereof,
19
 and the court looks less to its words and more
to the consequence and effect
- The history of the statute should be considered
as an aid to the ascertainment of the intention
of the legislature
However, tax exemptions are construed strictly
against taxpayers and in favor of the taxing
power. Exemptions cannot be claimed unless
expressly provided.
Other statutes strictly construed:
- Statutes in derogation of rights eg. Price
control laws – strictly construed and rigidly
confined to cases clearly within the scope and
purpose
- Statutes granting privileges eg. Legislative
franchise – strictly against the person invoking
the privilege
- Naturalization laws – strictly construed
against the applicant because the right of an
alien to become a citizen by naturalization is
merely a statutory right
- Statutes imposing taxes and custom duties –
strictly against the taxing power and liberally
in favor of the taxpayer
- Statutes authorizing suits against the
government – strictly construed, and the
waiver of immunity from suit, being a
derogation of sovereignty, will not be lightly
inferred
- Statutes prescribing limitations on the taxing
power of LGUs – strictly construed against the
national government and liberally in favor of
the local government units
- Statutes granting tax exemptions – strictly
against the taxpayer and liberally in favor of
taxing authority
- Legislative grants to local governments strictly
construed against the grantee
- Statutory grounds for removal of officials
- Statutes prescribing formalities of wills
- Statutes concerning the sovereign – statutes
which impose burdens on the public treasury
or which diminish rights and interest
- Exceptions and provisos – strictly but
reasonably construed
Other statutes liberally construed:
- General social legislation – statutes enacted to
implement the social justice and the protection
of labor provisions in the constitution or
general welfare legislations: eg. Labor laws,
tenancy laws, land reform laws, social security
laws
- General welfare clause – liberally in favor of
the local government units
- Grant of power to the LGUs – eg.taxing power
–liberally in favor of the LGU and strictly
against national government
- Statute imposing penalties for non-payment of
tax – liberally construed in favor of the
government and strictly observed and
interpreted against the taxpayer
- Election Laws – construed liberally to give
effect to the expressed will of the electorate.
Technicalities should not be allowed to prevail
against the will of the people
- Adoption statutes – liberally construed in favor
of the child to be adopted in order to promote
the noble objectives of the law.
- Statutes prescribing prescriptive period to
collect taxes – remedial measure and
interpreted liberally conducive to bring about
the purpose of affording protection to
taxpayers
- Amnesty Proclamations – construed liberally
in favor of those who are given amnesty
- Veteran and Pension laws – liberally construed
and administered in favor of the persons
intended to benefit
- Laws of attachment – liberally construed in
order to assist the parties in obtaining speedy
justice
- Probation Law – liberally construed to achieve
its objective, which is to give another chance to
first offenders to go back to normal life
- Others – warehouse receipts, granting powers
to agency created by the constitution
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Permanent vs. Temporary Statute - Retroactive Statute – Is one which creates a
new obligation, one which takes away or
Permanent - A statute Temporary – A statute impairs vested rights acquired under existing
whose operation is not whose life or duration laws, or creates a new obligation and imposes
limited to a particular is fixed or for a a new duty, or attaches a new disability in
period of time, but specified period of time respect of transactions or considerations
which continues in at the moment of its already passed.
force until it is duly enactment, and
altered or repealed continues in force, - Presumption against retroactivity
unless sooner
Eg. Labor Code repealed, until the - Prospective statutes:
expiration of the time o Penal statutes generally
fixed for its duration o Statutes substantive in nature
o Statutes affecting vested rights
Eg. PD No. 851 o Statutes affecting obligations of
granting contract
13th month pay o Repealing and amendatory acts

General, Special and Local - Statutes given retroactive effect:

o Procedural laws
- General – relates to persons, entities or things o Curative statutes
as a class or operates equally or alike upon all o Police power legislation
of a class, omitting no persons, entity or thing o Statutes relating to prescription
belonging to a class o Statutes relating to appeals
Eg. Family Code
Repealing vs. Amendatory
- Special – relates to particular persons, entities
or things of a class Repealing Act – One Amendatory Act – It
Eg. Child and Youth Welfare Code which revokes or makes an addition to
terminates another the original laws or it
- Local – operation is confined within territorial statute, either by operates to change it.
limits other than that of the whole state express language or by
Eg. Law granting autonomy in Southern implication.
Philippines
Rules on Repeal
Prospective vs. Retroactive
1. Laws are repealed only by subsequent ones
- Prospective statute – one which operates upon
or regulates acts or transactions taking place 2. Laws are repealed either expressly or
after it takes effect. As a rule, laws operate impliedly
prospectively, not retrospectively, except in the
following cases: 3. Implied repeals are not looked upon with favor.
Hence, if both statutes can stand together,
- If the law itself provides that it will be there is no repeal.
retroactive
4. Repeal of a statute is either total or partial.
- If the law is remedial in nature Where repeal is partial, the portion or portions
not affected by the repeal continue to exist
- If the law is penal in nature provided it is
favorable to the accused or the convict and that How Amendments construed
the accused is not a habitual delinquent
- A statute and its amendment should be
- If the law is curative construed in its entirety. The amendment
becomes part of the original statute as if it had
- If the law is of an emergency nature and always been contained therein.
authorized by the police power of the
government. - Provisions of the original act which are not
affected by the amendment shall remain in
force

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- The amendment made indicates that the
legislature intended a change in the law or in
its meaning. The court therefore give effect to
such intent
- As a rule, the amendatory act operates
prospectively unless otherwise provided or it it
could be implied from the language used that
the legislature intends to give it a retroactive
effect. Even in the letter case, however, the
amendment cannot be construed retroactively
if doing so will impair vested rights or the
obligation of contracts
OTHER RULES
- Implied repeals are not legally presumed in
the absence of a clear and unmistakable
showing of such intentions
- In case of conflict between a common law
principle and a statutory provision, the latter
prevails
MODULE 9:
Constitutional Construction
Constitution, defined
- A fundamental law which sets up a form of
government and defines and delimits the
powers thereof and those of the officers,
reserving to the people themselves plenary
sovereignty.
- A fundamental law or basis of government,
established by the people in their sovereign
capacity, to promote their happiness and to
secure their rights, property, independence,
and common welfare
- A written charter enacted and adopted by the
people by which a government for them is
established and by which the people give
organic and corporate form to that ideal thing,
the state for all time to come.
Characteristics
- It is of a permanent nature, intended not
merely to meet existing conditions, but to
govern the future.
- It is supreme, imperious, absolute and
unalterable except by authority from which it
emanates.
- It is the fundamental and paramount law, a
supreme law to which all other laws must
conform and in accordance with which all
private rights must be determined and all
public authority administered
Origin and History
- The present 1987 Constitution is a revision of
the 1935 and 1973 Constitution. A number of
the provisions of the past constitutions were re-
enacted in the 1987 Constitution.
- The 1935 Constitution came about by an Act of
the Congress of the United States known as the
Tydings-McDufflie Law, the people of the PO
were authorized to adopt its constitution,
subject to conditions and qualifications
prescribed in the Act. Drafted and approved by
the Constitutional convention, submitted to
the President of the US who certified that it
conformed substantially with the Act of
Congress and then finally, ratified by the
people.
- The 1973 Constitution was adopted in
response to popular clamor for meaningful
changes in the fundamental law to meet
mounting problems in the country. Congress of
the Philippines passed Resolution in 1967
calling a convention to propose amendments,
while the convention was in session, President
Marcos declared Martial Law in 1972 and two
months after the convention approved its
proposed constitution. The President issued
PD 73 submitting to the Filipino people for
ratification or rejection of the proposed
Constitution. On January 17, 1973, the
President issued Proc No. 1102 certifying and
proclaiming that the Constitution had been
ratified by an overwhelming majority of the
votes cast by members of all Barangays
(citizens assemblies) throughout the
Philippines and has hereby went into effect. It
had undergone several amendments, the latest
was in 1984
Constitutional Construction
- Its primary task is to ascertain the intent or
purpose of the framers of the Constitution as
expressed in the language of the fundamental
law, and thereafter to assure its realizations.
- Fundamental principle is to give effect to the
intent of the framers of the organic law and of
the people adopting it.
- The interpretation of the Constitution should
be done with a view to realizing its
fundamental purpose, which is to protect and
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 enhance the people’s interests, as a nation
collectively and as persons individually.
General Rules of Construction
- Constitution is construed as enduring for ages.
It is intended to provide not merely for the
exigencies of a few years but to endure through
a long time. It is neither so inflexible nor
immobile as to bar the adoption of novel and
unorthodox measures. It is adoptable to
various crisis of human affairs. Words
employed should not be construed to yield fixed
and rigid answers but as impressed with
necessary attributes of flexibility and
accommodation.
- Courts should endeavor to give interpretation
that would make the constitutional provision
consistent with reason, justice and the public
interest.
Plain meaning
- Words of the constitution do not have a narrow
or restricted meaning, but are used in a broad
sense, with a view of covering all contingencies.
The words should as much as possible be
understood in the sense they have in common
use and given their ordinary meaning, except
when technical terms are employed, in which
case, the significance thus attached to them
prevails.
- Reason: The constitution is not primarily a
lawyer’s document but essentially that of the
people in whose consciousness it should ever be
present as an important condition for the rule
of law to prevail.
Aids to Construction
- Primary and intrinsic aid to Constitutional
Construction is the language itself. The
imperfections of language, however, as a
vehicle for conveying meanings result in
ambiguities that must be resolved by resorting
to extraneous aids.
- To shed light on and ascertain the true intent
or purpose of the provision being construed,
courts resort to extraneous aids such as the
history or realities existing at the time of the
adoption of the constitution, proceedings of the
convention, changes in phraseology, prior laws
and judicial decisions, contemporaneous
constructions and consequences of alternative
interpretations.
History of the times
- Courts examine the state of things existing
when the constitution was framed and
adopted, and interpret it in the light of these
factors
- The existing realities that confronted the
framers of the Constitution can help unravel
the intent behind a constitutional provision.
Thus, what otherwise would be a vague
constitutional provision may be clarified by a
resort to the realities then existing.
- Case: Aquino vs. Commission on Elections
ISSUE: What does the term “incumbent
President” in Section 3, Article XVII on the
transitory provisions of the 1973 Constitution
refer? Whether President Marcos is the
“incumbent President”?
HELD: Yes, “incumbent President” refers to
Pres. Marcos.
The court resorted to history of the times: The
time the 1973 Constitution was approved by
the convention was during the incumbency of
Pres. Marcos, thus, they have nobody in mind
except him in the said provision which stated
that all proclamations, orders, decrees,
instructions and acts promulgated, issued or
done by the incumbent president shall be part
of the law of the land.
Proceedings of the Convention
- Proceedings of the Convention are less
conclusive on the proper construction of the
fundamental law of the land than legislative
proceedings of the proper construction of a
statute, for in the latter case, it is the intent of
the legislature the courts seek, while in the
former, courts seek to arrive at the intent of the
people through the discussions and
deliberations of their representatives.
- Reason: The constitution does not derive its
force from the convention which framed it, but
from the people who ratified it, the intent to be
arrived at is that of the people.
Contemporaneous Construction
- Contemporaneous construction of specific
constitutional provisions by the legislative and
executive departments especially if long
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 continued, may be resorted to resolve but not
create ambiguities.
- The application of the doctrine of
Contemporaneous construction is more
restricted as applied to the interpretation of
constitutional provisions than when applied to
statutory provisions, except to matters
committed by the constitution itself to the
discretion of some other departments,
contemporaneous construction is not
necessarily binding upon the courts even in a
doubtful case
Other aids/rules of construction
- Previous laws and judicial rulings
- Changes of phraseology
- Consequences of alternative constructions –
the construction which would lead to absurd,
impossible or mischievous consequences must
be rejected
- Constitution construed as a whole
Mandatory or directory?
- General Rule: Mandatory
- Exception: Unless by express provision or by
necessary implication, a different intention is
manifested
- Reason: In a constitution, the sovereign itself
speaks and is laying down rules for which the
time being at least are to control alike the
government and the governed. Its provisions
are binding upon all departments of the
government.
- CASE: ACORD vs. Zamora
- ISSUE: Section 6 Article X of the Constitution:
“Local government units shall have a just
share, as determined by law, in the national
taxes which shall be automatically released to
them.”
Prospective or Retroactive?
- General Rule: Prospective
- Exception: Unless the words employed show a
clear intention that it should have retroactive
effect.
Applicability of the rules of construction
- The rules of construction are generally
applicable in the interpretation of the
constitution
Constitutional provisions are presumed as self-
executing
- Constitutional provisions are presumed as self-
executing unless expressly stated to make a
particular provision subject to an act of
congress.
- Reason: The constitution has been ratified by
the people and thus, the provisions should be
given effect and not make it subject to the will
of the legislature.
- CASE: Manila Prince Hotel vs. GSIS
A constitutional provision is self-executing if
the nature and extent of the right conferred
and the liability imposed are fixed by the
Constitution itself, so that 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 [Manila Prince
Hotel v. GSIS, G.R. No. 122156, February 03,
1997].
Non-self-executing
- Constitutional provisions are not self-
executing if they merely set forth a line of
policy or principles without supplying the
means by which they are to be effectuated, or
if the language of the constitution is directed to
the legislature.
- Example: Section 26 Article II State Policies
and Principles: "The State shall guarantee
equal access to opportunities for public service
and prohibit political dynasties as may be
defined by law"
- Exception: Case of Oposa vs. Factoran
Section 16 Article II:
“The state shall protect the right of the people
to a healthful and
balanced ecology in accord with the rhythm
and harmony of nature.”
Maxims of Constitutional Construction
- CASE: Francisco Jr. vs. House of
Representatives (G.R. No. 160261, November
10, 2003)
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 FACTS: June 2, 2003 - first impeachment
complaint against CJ Davide filed by Pres.
Estrada and endorsed by 3 Reps, referred to
House committee who dismissed it on October
22, 2013. Four months and three weeks after
June 2, 2003, second impeachment case was
filed.
ISSUES:
Was the second filing of the impeachment case
unconstitutional as it violates the provision of
Section 5 of Article XI of the Constitution that
“no impeachment proceedings shall be
initiated against the same official more than
once within a period of one year.”
Whether the certiorari jurisdiction of the SC
may be invoked, who can invoke it, on what
issues and at what time, and whether it should
be exercised by the court at this time
HELD: Yes on both issues.
Pertinent provisions of the constitution:
- Section 1 of Article VIII of the Constitution on
Judicial power
- Section 3 (6) of Article VIII on Senate’s sole
power to try impeachment cases (contention is
that impeachment is excluded from judicial
review)
- Section 3 (8) of Article VIII on House of Reps to
promulgate rules of impeachment
to be accomplished thereby. It may be safely
assumed that the people in ratifying the
Constitution, were guided mainly by the
explanation offered by the framers
- Ut magis valeat quam pereat – The
Constitution must be construed as a whole. It
is well established in constitutional
construction that no one provision of the
Constitution is to be separated from all the
others, to be considered alone, but that all the
provisions bearing upon a particular subject
are to be brought into view and to be so
interpreted as to effectuate the great purposes
of the instrument. Sections bearing on a
particular subject should be considered and
interpreted
- together as to effectuate the whole purpose of
the Constitution and
- one section is not to be allowed to defeat
another, if by any
- reasonable construction, the two can be made
to stand together

- The SC explained three maxims of

Constitutional construction as follows:

- Verba legis – whenever possible, the word used

in the Constitution must be given their
ordinary meaning except where technical
terms are employed. It is to be assumed that
the words in which constitutional provisions
are couched express the objective sought to be
attained. What it says according to the
provision to be construed compels acceptance
and negates the power of the courts to alter it,
based on the postulate that the framers and
the people mean what they say. Thus, these are
the cases where the need for construction is
reduced to the minimum

- Ratio legis est anima – where there is

ambiguity, words of the Constitution should be
interpreted in accordance with the intent of the
framers. A foolproof yardstick in constitutional
construction is the intention underlying the
provision under consideration. The object is to
ascertain the reason which induced the
framers of the Constitution to enact the
particular provision and the purposed sought

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