Aids in Construction

IN GENERAL
-Where the meaning of statues is ambiguous the court is warranted in availing
itself of all legitimate aids to construction in order that is can ascertain the true
intent of the statue.
-aids to construction are those found in the printed page of the statue itself; know
as the intrinsic aids, and those extraneous facts and circumstances outside the
printed page, called extrinsic aids.

Example of Aids
Title, preamble, context of whole text, punctuation marks etc.

TITLE
-title may indicate the legislative intent to extend or restrict the scope of the law,
and a statue couched in a language of doubtful import will be construed to
conform to the legislative intent as disclosed in the title.

-This will serve as a guide to ascertaining legislative intent carries more weight in
this jurisdiction because of the constitutional requirement that “every bill shall
embrace only one subject which shall be expressed in the title thereof.”

CASE: Baguio v. Marcos

PREAMBLE
-It is a part of the statue written immediately after its title, which states the
purpose, reason for the enactment of the law.
-Usually express in whereas clauses.
-The preamble is the key of the statue, to open the minds of the lawmakers as to
the purpose is achieved
-It may express the legislative intent to made the law apply retroactively in which
case the law has to be given retroactive effect.

CASE: People v. Purisima

Court Ruling of the case:

CONTEXT OF THE WHOLE TEXT

-To ascertain legislative intent is the statute itself taken as a whiole and in relation
to one another considering the wholle context of the statute.

PUNCTUATION MARKS
-Semi-Colon- used to indicate a separation in the relation of the though, what
follow.
-they are aids of law degree.
-an ambiguity of a statue which may be partially or whole solved by a punctuation
mark may be considered in the construction of a statue.

CASE: Nera v. Garcia

CAPITALIZATION OF LETTER
-

HEADNOTES AND EPIGRAPHCS

LINGUAL TEXTS
-Rule is that unless provided, where a statute is promulgated in English and
Spanish, English shall govern but in case of ambiguity, Spanish may be consulted
to explain the English text.
-A statute is officially promulgated in Spanish or in English text

INTENT OF SPIRIT OF THE LAW

-It is the law itself
-controlling factor, leading star and guiding light in the application and
interpretation of a statue.
-A statue must be according to its spirit or intent. The courts cannot assume an
intent in no way expressed and then construe the statue to accomplish the
supposed intention; otherwise they would pass beyond the bound of judicial power
to usurp legislative power.

POLICY OF THE LAW

-should be given affect by the judiciary
-one way to accomplish this mandae is to give a statute of doubtful meaning

CASE: Cajiat v. Mathay

PURPOSE OF THE LAW/ MISCHIEF TO BE SUPPRESSED
-Intended to be removed and the causes which induced the enactment of the law
are important factor to be considered in the construction.
-Must be read in such a way as to give effect to the purpose projected in the
statue.
-The purpose of the general rule is not determinative of the proper construction to
be given to the exceptions.
-purpose of the statute is more important that the rules of grammar and logic in
ascertaining the meaning of the law.

DICTIONARIES
-In case a statute does not define word or phrase used.
-Generally defined words in their natural plan and ordinary acceptance and
significance.

CONSEQUENCES OF VARIOUS CONSTRUCTION

-Inquired as an additional aid to interpretation
-A construction of a statue should be rejected that will cause injustice and
hardship, result in absurdity, defeat legislative intent or spirit, preclude
accomplishment or legislative purpose or object, render certain words or phrases
a surplusage, nullify the statute or make any of its provision nugatory.