Chapter 1

Introduction, Definition, Related Legal Principles

Judicial Power

• Traditional Concept

Refers only to the authority to settle justiciable controversies or disputes

involving rights that are enforceable and demandable before the court of
justice or the redress of wrongs for the violation of such rights.

• Expanded Concept

Traditional Concept + “to determine whether or not there has been grave
abuse of discretion amounting to lack or excess of jurisdiction on any part of
any branch or instrumentality of the Government.”

(Biraogo v. Phil Truth Commission, 192935; Manila Prince Hotel v. GSIS, GR

122156)

• Art. VIII, Section 1 of the 1987 Constitution:

 Vested in the Supreme Court and other courts established by law.

 “The duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine
whether or not there has been grave abuse of discretion amount to lack
or excess of jurisdiction on any part of any branch or instrumentality of
the government.”
 Courts oftentimes resort to Statutory Construction as aid in interpreting
the law as applied to a specific case.

Rules in the Exercise of Judicial Power

 When the law is clear, the courtʼs duty is to apply it, not to interpret it.
(Hidalgo v. Hidalgo, L-25326)

 It is the duty of the judge to apply the law without fear or favor.
  In case of doubt in the interpretation or application of the laws, it is
presumed that the lawmaking body intended right and justice to prevail.
(Art 10, NCC)

 When construction or interpretation is necessary, the court should

interpret the law according to the meaning the legislature intended to
give it.

 If there are two possible interpretations of a law, that which will achieve
the ends desired by Congress should be adopted.

Laws of pleadings, practice and procedure are liberally construed in order to

promote their object and to assist the parties in obtaining just, speedy and
inexpensive determination of every action and proceeding.
• A judge cannot decline to render judgment by reason of the silence, obscurity
or insufficiency of the laws. (Art. 9, NCC). In case of silence, obscurity or
insufficiency of the laws, a judge may still be guided by the following:

 Customs

 Court Decisions / Jurisprudence

 Legal Opinions of Qualified writers and professors (Amici Curae)

 General Principles of Justice and Equity

 RULES OF STATUTORY CONSTRUCTION.

Definition

Statutory Construction is the art or process of discovering or

expounding the meaning and intention of the authors of the law
with respect to the application to a given case, where that
intention is rendered doubtful, amongst others, by reason of of the
fact that the given case is not explicitly provided for in the law.
Case: Caltex (Philippines) v. Palomar, GR No. L-19650.
 Art or Process...

 Construction of Statutes is not an exact science.

 A statute may be interpreted differently if different maxims of

construction are applied.

 Whatʼs the baseline? – Art. 10 of the Civil Code.

• Case: Tañada v. Tuvera, GR no. L-63915.

Intention of the authors..

 The intention of the legislature is the primary consideration.

 “Intent is the spirit which gives life to a legislative enactment.”

 Judicial interpretation of statutes constitutes part of the law as of the

date the law was passed.

Intention is rendered DOUBTFUL...

• Where the law is clear and unambiguous, there is no room for construction
but only application.

 Construction and interpretation come only after it has been

demonstrated that application is impossible or inadequate without them.

 Verba legis non est recedendum. From the word of a statute there
should be no departure.

 Cases: Bolos v. Bolos, GR No. 186400; Songco v. NLRC, 50999

Ambiguity, defined
• Ambiguity is doubtfulness, doubleness of meaning, indistinctness or
uncertainty of meaning of an expression used in a written instrument.

Tests to Determine if Statute is Ambiguous (MIA)

• Test of Multiple Interpretations

• Test of Impossibility
• Test of Absurdity

Three Cardinal Rules

• Verba Legis
-The words used in the Constitution must be given ordinary meaning except
when technical terms are employed.
• Ratio Legis Est Anima
-The words of the Constitution should be interpreted in accordance with the
intent of its framers.

• Ut Magis Valeat Quam Pereat

-Constitution should be interpreted as a whole, but if plain meaning of the word
is not found to be clear, resort to other aids is available.

It is a judicial function.

 The duty and ultimate power to construe the laws is vested in the judicial
department, just as the duty and ultimate power to legislate is vested in
the legislature.

 Case: Endencia v. David, L-6355-56

Case: Angara v. Electoral Commission, 45081

It is a judicial function.

• Art 8, NCC, provides, “judicial decisions applying or interpreting the laws or

the Constitution shall form a part of the legal system of the Philippines.”
• Stare decisis et non quieta no movere. (follow past precedents and do not
disturb what has been settled)

• Legis interpretation legis vim obtinet. (the interpretation placed upon the
written law by a competent court has the force of law.

• Case: Pepsi-Cola v. Pagdanganan, 167866

Differentiate

• Doctrine of the Law of the Case

• Stare Decisis
• Obiter Dicta
• Case: Ayala Corp v. Rosa-Diana Realty, 134284

Construction vs. Interpretation

• One who interprets makes use of intrinsic aids or those found in the statute
itself.

• One who constructs makes use of extrinsic aids or those found outside of the
written language of the law.

Aids in Interpretation

and Construction

• Intrinsic Aid – elements found in the law itself

• Extrinsic Aid – Facts or matters not found in the law.
• Presumptions – Based on logic or established provisions of law.

Intrinsic Aids

 Title
  Preamble

 Words, Phrases, Sentences, Context

 Punctuation

• Headings and Marginal Notes

• Legislative Definition and Interpretation

Extrinsic Aids

 Contemporaneous Circumstances

 Policy

 Legislative History of the Statute

 Executive Construction

•Legislative Construction

• Judicial Construction

• Construction by the Bar and Legal Commentators

Presumptions in Aid of Construction

• Presumption of Validity
• Presumption of Constitutionality
• Presumption of Good Faith
• Presumption of Knowledge of Existing
Laws
• Presumption of Acquiescence to JudicialConstruction
• Presumption of Jurisdiction
• Presumption of Acting within Scope ofAuthority
• Presumption Against Injustice
• Presumption Against Absurdity
• Presumption Against Inconsistency
• Presumption Against Ineffectiveness
• Presumption Against Irrepealable Laws
• Presumption Against Implied Repeals
• Presumption Against Violation of Public Policy
• Presumption Against Violation of Intʼl Law

Chapter 2
Subject Matter of Construction

Law, defined
• Strict legal definition: Law as a rule of conduct, just and obligatory, laid
down by legitimate authority for the common observance and benefit.
(Sanchez Roman)

Public Law
• Constitutional Law
• Administrative Law
• International Law

Private Law
• Substantive Private Law
• Procedural or Adjective Private Law

Sources of Law
• Legislation
• Precedent (Art 8, NCC)
• Custom (Arts. 11 and 12, NCC)

Statutes
• Enacted by Congress (Article VI, Section 27 of the 1987 Constitution)
• Public Acts (1901-1935)
• Commonwealth Acts (1936-1946) • Republic Acts
• Batas Pambansa
• Presidential Decrees
• Executive Order (1986)