Jabe Benice G.

Pagayon JD 1

1. Give the definition of the following.

a. Statutory Construction
Statutory construction is the process of determining what a particular statute
means so that a court may apply it accurately; also known as statutory
interpretation. One of the primary and basic rules in statutory construction is that.
Where the words of a statute are clear, plain, and free from ambiguity, it must be
given its literal meaning and applied without attempted interpretation.

b. Legal Hermeneutics

Philosophically, hermeneutics therefore concerns the meaning of

interpretation—its basic nature, scope and validity, as well as its place within and
implications for human existence; and it treats interpretation in the context of
fundamental philosophical questions. Legal hermeneutics is rooted in
philosophical hermeneutics and takes as its subject matter the nature of legal
meaning.

c. Exegesis

Exegesis means a scholarly, critical commentary or explanation of a work, or

collection of works, resulting from research undertaken by the candidate and
produced during candidature as part of a dissertation.

2. Distinguish construction from Interpretation

Construction is the drawing of conclusions with respect to subjects that are

beyond the direct expression of the text, while interpretation is the process of
discovering the true meaning of the language used. Interpretation is limited to
exploring the written text. Interpretation helps in determining the real meaning
and intention of the legislature. On the other hand, construction is used to
ascertain the legal effect of the legal text.

3. State the cardinal rule in Construction

A cardinal rule in statutory construction is that when the law is clear and free from
any doubt or ambiguity, there is no room for construction or interpretation.

4. When do you apply the rule on statutory construction?

When a law is ambiguous and deficient it is a bad law. And a bad law makes
cases hard. The main objective of interpreting a law is to ascertain, and give
effect to, the intent of the law. Hence, all rules of construction or interpretation
have for their sole object the ascertainment of the true intent of the legislature.
 Thus, where there is ambiguity in the language of a statute, courts employ
canons of statutory construction to ascertain its true intent and meaning.

5. State the rule on construction and limitations of the following:

A. “Rule-making Power” of the Executive
The executive power is vested in the president and it is generally defined as the power
to enforce and administer the law. It has the power to carry laws into practical operation
and enforce them for due observance. The President has to fix a uniform standard of
administrative efficiency and check the official conduct of his agents. Thus, he/she can
issue administrative orders,rules, and regulations. Rules and regulations issued by
administrative or executive officers in accordance with, and as authorized by, law have
the force and effect of law or partake the nature of a statute. The power to promulgate
rules and implementations of a statute is necessarily limited to what is provided for in
the legislative enactment. By such legislations, the law itself cannot be extended, nor its
terms and provisions be restricted. Hence, in case of conflict between the basic law and
the regulations issued to implement it, the former prevails over the latter. Moreover,
where the legislature has delegated to executive officers and boards, which have the
effect of extending, or which conflict with the authority-grantig statute, do not represent
a valid exercise of rule-making power but constitute an attempt by an administrative
body to legislate.

B. Executive Construction/Administrative Interpretation

Executive issuance is covered under executive construction. Administrative rules that
are sanctioned by law have the force and effect of public law. Administrative
interpretation is just one of a policy statement’s guidance that interprets existing
legislation. However, it may not be constantly upheld by the court and the judicial
department if there are legal mistakes, abuse, lack of discretion or authority.

C. Judicial Ruling
It is the ruling of the Supreme Court being the tribunal that by the constitutional
mandate, has the final word in the interpretation of a statute or constitutional provision.
These rulings are laws in their own right because they interpret what the laws say or
mean. However, the courts may not enlarge or restrict statutes and be influenced by
questions of wisdom.

D. Legislative Interpretation
The legislature can provide in the statute itself an interpretative or declaratory clause
prescribing rules of construction or indicating how its provisions are constructed. The
intent of the legislature is the law, and the key to, and the controlling factor in, its
construction or interpretation. Legislature cannot limit the power of the courts to make
interpretations of the law, but the courts may resort to it when ambiguity arises.