STATCON NOTES
VERBA LEGIS
If the statute is clear, plain, and free from ambiguity, it must be
given its literal meaning and applied without interpretation.
CONSTRUCTION - Judicial function
WHEN TO RESORT TO CONSTRUCTION
RAMIREZ V. GARCIA The legislative intent is determined
principally from the language of a statute and that where the
language of a statute is clear and unambiguous , the law is
applied according to its express terms , and interpretation
would be resorted to only where a literal interpretation would
be either impossible, absurd or would lead to an injustice.
Adoption EXTRINSIC AIDS to arrive at the meaning of the law
> Laws, regulations, PDs, Deliberations, SC decisions
'judicial decisions applying to or interpreting the laws or the
Constitution shall form a part of the legal system of the
Philippines'. Only decisions of its Supreme Court establish
jurisprudence and are binding on all other courts.
SC - Final interpreter of the law, decisions form part of the legal
system of the PH, has a final say of what is the “intent”
(interpreter)
MEDEL CASE - NO more USURY LAW but contracts against:
Law, Morals, Good customs, Public order, Public Policy
VERBA LEGIS (word of the law is the law)
RATIO LEGIS ( the reason of the law is its spirit)
JUDICIARY POWER (Why is it called the expanded jurisdiction
because of Par. 2)
Judicial power includes 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 a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part
of any branch or instrumentality of the Government.
POLITICAL QUESTIONS - "those questions which, under the
Constitution, are to be decided by the people in their sovereign
capacity, or in regard to which full discretionary authority has
been delegated to the Legislature or executive branch of the
Government.Ex: Tariff law
> PROVINCE OF LEGISLATURE - BEYOND THE AMBIT OF JUDICIAL
REVIEW
BUT SOMETIMES:
> Courts may come in through Rule 65 - Petition for Certiorari
and in some case Petition for Prohibition
TAÑADA V. TUVERA - exemption to the Doctrine of Last
Antecedent, “a court interprets a qualifying clause to refer to
the immediately preceding words or phrases”
Sec. 1. Laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette or in
a newspaper of general circulation in the Philippines, unless it is
otherwise provided.
unless it is otherwise provided - PERTAINS to DATE of effectivity,
although antecedent is “publication”
KACY
PUBLICATION cannot be optional, it is mandatory
> Art 3 - no basis without Publication
WHAT ARE THE SUBJECTS OF CONSTRUCTIONS
(As enumerated in the book)
> Constitution (basic law, supreme, fundamental)
> Ordinances
> Local their own laws (LGUs making law merely exercises their
duty through a delegated power) - Local Government Code of
1991
> Republic Acts, Batas Pambansa (Marcos - maka Marcos si Atty.,
Batasang Pambansa = Congress)
> Executive Orders
> Presidential decrees, Memorandums, Orders, Proclamations,
> IRRs (fill - in ) amplifications of law, cannot go beyond what the
law provides, cannot be added or deducted, example: Universal
Health care law GUIDELINES by agencies concerned
> Treaties - the rules of International law form part of the law of
the land. and no legislative action is required to make them
applicable to a country.
CALTEX V. PALOMAR
Construction- the art or process of discovering and expounding
the meaning and intention of the authors of the law with respect
to its application to a given case, where that intention is
rendered doubtful, amongst others, by reason of the fact that
the given case is not explicitly provided for in the law
NO CONSIDERATION - NO LOTTERY
Since in gambling it is inherent that something of value be
hazarded for a chance to gain a larger amount, it follows
ineluctably that where no consideration is paid by the
contestant to participate, the reason behind the law can hardly
be said to obtain.
Ejusdem generis: “of the same kind.” (recit question)
Where general words or phrases follow a number of specific
words or phrases, the general words are specifically construed
as limited and apply only to persons or things of the same kind
or class as those expressly mentioned.
What is Legislative Intent?
Separation of Powers - SC has the final say
CHARACTERISTICS OF CONSTRUCTION
CARDINAL RULE
INDEX ANIMI SERMO EST: Speech is the Index of Intention.
People v. Mapa
SC Income tax case (book)
TESTS IN DETERMINING WON THE LAW IS AMBIGUOUS
1. Tests of MULTIPLE INTERPRETATION- When the law is
capable of 2 or more interpretations / such that men of common
intelligence must necessarily guess at its meaning /and differ as
to its application.
2. Tests of IMPOSSIBILITY - Literal application is impossible or
inadequate
3. Tests of ABSURDITY OR UNREASONABLENESS - Literal
application leads to Absurd, Unjust, Unreasonable, Mischievous
result or at a variance with the policy as a whole
STATCON NOTES
THEORIES OF INTERPRETATION (memorize)
1. Textualist theory - WORDS take precedence over other
modes of construction
2. Intentionalism - discern the INTENT & interpret the intent
3. Purposivism or the Legal process theory - the problem that
the legislative seek to address
PARTS OF STATUTE - Enumerate (book)
CHAPTER III - VERBA LEGIS & RATIO LEGIS
OBJECTIVE OF CONSTRUCTION - find both MEANING and INTENT
AS A CRITERION FOR INTERPRETATION:
LEGISLATIVE INTENT - What the Statute meant to members of
legislature which enacted it
> determined principally from the language of a statute
MEANING OF THE STATUTE - What members of the public to
whom it is addressed, understand
VERBA LEGIS
VERBA LEGIS RULE / PLAIN MEANING RULE: If the statute is
clear, plain, and free from ambiguity, it must be given its literal
meaning and applied without interpretation.
VERBA LEGIS NON EST RECEDENDUM”: When the words and
phrases of the statute are clear and unequivocal, their meaning
must be determined from the language employed and the
statute must be taken to mean EXACTLY WHAT IT SAYS.
> The intent of the authors of legislation is gleaned from what is
said, NOT from what they may have intended.
WHAT IS THE BASIS OF THE VERBA LEGIS RULE?
Legal maxims
INDEX ANIMI SERMO EST: Speech is the Index of Intention.
Presumptions:
> The words employed by the legislature in a statute correctly
express the legislature’s intention & precludes the court from
construing it differently
> The legislature know the meaning of the words they used
ABSOLUTA SENTENTIA EXPOSITORE NON INDIGET - To the plain
words of a legal provision we should make no further
explanation.
DURA LEX SED LEX - The law may be harsh but it is the law.
RAMIREZ V. GARCIA The legislative intent is determined
principally from the language of a statute and that where the
language of a statute is clear and unambiguous , the law is
applied according to its express terms , and interpretation
would be resorted to only where a literal interpretation would
be either impossible, absurd or would lead to an injustice.
. create uncertainty.
TESTS IN DETERMINING WON THE LAW IS AMBIGUOUS
4. Tests of MULTIPLE INTERPRETATION- When the law is
capable of 2 or more interpretations / such that men of common
intelligence must necessarily guess at its meaning /and differ as
to its application.
KACY
5. Tests of IMPOSSIBILITY - Literal application is impossible or
inadequate
6. Tests of ABSURDITY OR UNREASONABLENESS - Literal
application leads to Absurd, Unjust, Unreasonable, Mischievous
result or at a variance with the policy as a whole
ABSURDITY OF THE ABSURDITY OF THE LAW
INTERPRETATION
Proper subject matter of NOT, because it delves into
Statutory construction the wisdom of the law, which
is the province of legislature.
FIRST AND FUNDAMENTAL DUTY OF THE COURT
1. Apply the law
2. If (1) is impossible or inadequate, Construction and
Interpretation come after
> there is the fundamental postulate in statutory construction
requiring fidelity to the legislative purpose. What Congress
intended is not to be frustrated. Its objective must be carried
out. Even if there be doubt as to the meaning of the language
employed, the interpretation should not be at war with the end
sought to be attained
> The SC held that verba legis is not inapplicable just because a
provision has a historical background. The court emphasized that
verba legis is of paramount consideration and where they should
begin.
> When the TRUE INTENT IS NOT REFLECTED IN THE WORDS,
there shall be construction THAT SUCH INTENT OR SPIRIT SHALL
PREVAIL.
RATIO LEGIS
RATIO LEGIS; SPIRIT OF THE LAW:
> The reason of the law is the soul of the law.
> A statute must be read according to ITS SPIRIT OR INTENT, and
that what is within the spirit is within the statute ALTHOUGH it is
not within the letter, and that which is within the letter but not
within the spirit is not within the statute. The spirit or intention
prevails over the letter.
> This applies when legislative intent CANNOT BE ASCERTAINED
PURELY FROM THE LETTER OF THE LAW. The letter of the law
does not correctly express the legislative intent.
CONSTRUING THE CONSTITUTION:
The object sought to be accomplished & The evil sought to
prevented or remedied.
Article 10. In case of doubt / in the interpretation or application
of laws / it is presumed that the lawmaking body / intended
right and justice to prevail.
PREAMBLE OF A STATUTE - used in construction
> Not strictly a part of the law but it can be resorted to when the
statute is in itself ambiguous and difficult of interpretation not to
AS A WHOLE - Legislative intent must be ascertained from a
consideration of the statute as a whole, and not of an isolated
part or a particular provision alone.
STATCON NOTES KACY
PENAL STATUTES ARE TO BE CONSTRUED STRICTLY AGAINST
THE STATE AND LIBERALLY IN FAVOR OF THE ACCUSSED Enrolled bill doctrine

- Not to enable a guilty person to escape punishment but to > once a bill passes a legislative body and is signed into law, the
PROVIDE A PRECISE DEFINITION OF FORBIDDEN ACTS. courts assume that all rules of procedure in the enactment
process were properly followed
PRO REO - When in doubt, for the accused
> A bill is enrolled when printed and finally approved by
- whenever a penal law is to be construed or applied and the law Congress and thereafter authenticated by
admits of two interpretations, one lenient to the offender and
one strict to the offender, that interpretation which is lenient or Signing of a bill by the:
favorable to the offender will be adopted. (1) Speaker of the House
(2) Senate President
- consonant to and consistent with the constitutional guarantee
that an accused shall be. presumed innocent until his guilt is Certification of the:
established beyond reasonable doubt. (1) Secretaries of both houses of congress

That it was passed is CONCLUSIVE not only to its PROVISIONS

DOCTRINE OF NECESSARY IMPLICATION but also to its DUE ENACTMENT.

What is implied in a statute is as much a part thereof as that

which is expressed. Every statute is understood, by implication,
to contain all such provisions as may be necessary to effectuate
its object and purpose, or to make effective rights, powers,
privileges or jurisdiction which it grants, including all such
collateral and subsidiary consequences as may be fairly and
logically inferred from its terms.

RULE OF CONSTRUCTION ACCORDING TO SPIRIT

This is especially applicable where adherence to the letter would

result in:

A. Absurdity
B. Injustice
C. Adherence would lead to contradictions
D. Adherence would defeat the plain purpose of the act
E. Where the provision was inserted through inadvertence

FRAMEWORK

> Verba Legis and Ratio Legis are complementary principles of

construction that should be utilized in order to determine the
meaning and intent of a statutory provision.

> If the law is clear, there is no room for construction. The literal
interpretation of the words used in the law correctly expresses
the intention of the legislature. (Verba Legis does not take
precedence)

> If the words used in the statute are not clear or if it is not clear
HOW it applies, verba legis may not be enough, then ratio legis
find out the intention behind the law.

> In any case requiring the interpretation of a legal provision,

VERBA LEGIS SHOULD BE THE STARTING POINT.

Why?
> The legislature know the meaning of the words they used
> Speech is the Index of Intention.

LEGISLATIVE ERROR; ENROLLED BILL

Clerical errors - may also be the subject matter of statutory

construction

Enrolled bill is binding on the courts.

BASIS OF ENROLLED BILL DOCTRINE: the respect due to a co-

equal department of the government
STATCON NOTES
PRINCIPLES OF CONSTRUCTION
1. LAW CONSTRUED AS A WHOLE
> A law must be construed as a whole and the words, phrases,
and clauses should not be studied in isolation but rather
Analyzed in light of its other cognate provisions in order to
understand the meaning attached to them by legislature.
Importance: Statutes are passed as a whole / not disjointed
parts. /
Reason: One general purpose and intent
> Interpretation of statutes: One must first, look at how the term
is used in the statute as a whole. See if the word in question is
defined in the same statute.
2. PRESUMPTION OF JUSTICE
Article 10. In case of doubt / in the interpretation or application
of laws / it is presumed that the lawmaking body / intended
right and justice to prevail.
3. CONSTRUCTION CONSISTENT WITH THE CONSTITUTION
Principle: Statutes must be construed in a manner consistent
with the Constitution.
Fundamental Criterion: All reasonable doubts should be resolved
in favor of the constitutionality of a statute, considering that all
laws have in their favor the presumption of constitutionality.
> Constured if possible to avoid conflict with the constitution
> Giving to the law the meaning which will carry out the main
governmental purpose
> Unconstitutionality of Law: There must be a clear case / actual
controversy
4. CONSTRUCTION TO RENDER PROVISION EFFECTIVE
A statute must be construed in such a way so as to render it
effective.
Ut Res Magis Valeat Quam Pereat - The things should rather
have effect than be destroyed.
Theory: The statute was enacted as an INTEGRATED MEASURE
and NOT AS A HODGEPODGE of conflicting provisions.
A. LEGISLATIVE POLICIES AND PRESUMPTIONS; LIBERAL AND
STRICT CONSTRUCTION
LIBERAL CONSTRUCTION
- The letter of the statute is enlarged or restrained to accomplish
the intended purpose
STRICT CONSTRUCTION
- Close adherence to the literal or textual interpretation
- Requires that a case be excluded from the operation of a
statute unless its language express it
1. PENAL LAWS
Nullum crimen nulla poena sine lege - There is no crime when
there is no law punishing it.
> Penal laws are liberally construed in favor of the accused
> There must be a clear definition of the acts constituting the
punishable offense as well as the penalty
> Doubt shall be resolved in favor of the accused
KACY
2. TAX LAWS
Taxation - A statute will not be construed as imposing a tax
unless it does so “Clearly, Expressly, and Unambiguously”
BASIS: Government necessity (what we pay for a civilized
society, without it the government would be paralyzed)
Tax exemption - striclty against the person claiming the
exemption
BASIS: Lifeblood doctrine (certain availability is imperative)
Resolution
1. Establish clearly, expressly, and unambiguously that a
person / thing/ activity is covered by a tax statute
2. The burden shifts to the person claiming the tax exemption
Expression Unius Est Exclusion Alterius
Express mention of one, excludes all others
SOCIAL LEGISLATION
All doubts in the implementation and interpretation of the
provisions of the Labor Code including its implementing rules
and regulations shall be resolved in favor of labor.
3. RULES OF COURT
The Rules of Court shall be liberally construed in order to
promote their objective of securing a JUST, SPEEDY, and
INEXPENSIVE disposition of every action and proceeding.
>The dismissal of appeals purely on technical grounds is frowned
upon
4. ADOPTION LAWS - 11642
Adoption statutes, being humane and salutary in nature, are to
be liberally construed on account of “the beneficent purposes of
adoption.”
5. LOCAL AUTONOMY
ART 2, SEC 25, COSNT The State shall ensure the autonomy of
local government
ART 10 SEC 2, CONST The territorial and political subdivisions of
the Philippines shall enjoy local autonomy.
6. NATURALIZATION LAWS
Construed strictly and doubts thereof are resolved against the
applicant.
Reason: Privilege of the most discriminating, public interest
7. ELECTION LAWS
Construed liberally “to the end that the will of the people in the
choice of public officials may not be defeated by mere technical
objections.”
> immaterial defects in pleadings in election constest should be
disregarded so that the will will not be defeated
8. PRESCRIPTIVE PERIODS
9. CONSTITUTIONAL FRAMEWORK
A. FRAMEWORK
1. VERBA LEGIS - The words used in the Constitution must be
given their ordinary meaning EXCEPT when technical terms are
employed.
2. RATIO LEGIS EST ANIMA - Interpreted in accordance with the
intent of the framers
UT MAGIS VALEAT QUAM PEREAT - The Constitution must be
interpreted as a whole
STATCON NOTES KACY
VERBA LEGIS NON EST RECEDENDUM - From the words of a
statute there should be no departure

REASON: The words express the objective sought to be

attained

B. SELF-EXECUTING & NON-SELF EXECUTING

Art 2, Sec 15 & 16 - Right to a Balanced Healthful ecology

When is it self-executing?
1. Nature and extent of the right
2. Liability imposed
Are fixed by the constitution

CONSTI
GR: Self- executing unless the contrary is clearly intended

REASON: The legislature would have the power to IGNORE and

NULLIFY the mandate of the Fundamental Law.

C. ADMINISTRATIVE CONSTRUCTION

> Administrative agencies are not precluded from interpreting

the statutes they are tasked to implement
> Construction by Admin of ambiguous statutes is entitled to
great weight & respected UNLESS CONTRARY TO LAW AND
MANNIFESTLY ERRONEOUS.

WHEN THE COURTS MAY SET ASIDE ACTIONS OF ADMIN

A. ERROR OF LAW
B. ABUSE OF POWER
C. LACK OF JURISDICTION
D. GRAVE ABUSE OF DISCRETION