Statutory 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, among others, by
reason of the fact that the given
case is not explicitly provided for in
the law
● From the legislative department who
would enact laws then it would
proceed to the executive department
for the approval of the law
● Vote trading or log rolling legislations
● If there is ambiguity, the court will
construe it
● The lower courts can also question
the constitutionality of the law. Even
trial courts may pass upon the
constitutionality of a particular law,
it’s not exclusive to the Supreme
Court. However, there are instances
when the law may be directly
questioned to the Supreme Court
Doctrine of Supremacy of the
Constitution – all laws passed by and the
contracts within individuals shall adhere with
the Constitution
Plain meaning rule – when the law is clear,
there is no need for interpretation or
construction, the law shall be directly
applied as it is; verba legis.
Duty of courts - apply the law.
● Construction and interpretation
come only after it has been
demonstrated that application is
impossible or inadequate without
them
● Where the law speaks in clear and
categorical language, there is no
room for construction
Verba legis
● plain meaning rule
● presumption that the words
employed by the legislature in a
statute correctly express its intention
or will, precluding any construction
*presumption is that wording in the law are
clear
*votation without checking the words
Ambiguity (MUR)
● Condition of admitting two or more
meanings;
● Being understood in more than one
way; or
● Referring to two or more things at
the same time.
Construction
● Drawing of warranted conclusions
beyond the language of the written
text
Interpretation
● Limited within the four corners of the
written text
Rules of Statutory Construction
● Tool used to ascertain LEGISLATIVE
INTENT.
Legislative intent
● essence of the law
● composes the purpose and meaning
of the law
● the spirit of the law
● “for the letter kills, but the Spirit
gives life” 2 Corinthians 3:6
● primary source of legislative intent
● pertaining to the whole written text
Legislative power (MAR)
● Power to make, alter and repeal
laws by congress, HOP, and senate
Art VI Sec 1. Provides for the legislative
power
Bill
 ● a proposed legislative measure
introduced by a member/s of the
congress for enactment into law
Particular bills must originate from HOP
(PAILT) or LIPAT
● appropriation bills
● tariff or revenue bills
● bills authorizing the increase of the
public debt
● bills of local application and;
● private bills
Reason: Representatives are elected by
their respective constituents in their
respective districts and they are expected to
be more sensitive and knowledgeable of the
needs and problem of their constituents
Power to construe – by the judicial branch;
construction is a judicial function.
Validity of a statue
Presumption of constitutionality
- every statute is presumed to be valid
and constitutional
To declare a law unconstitutional:
● the inconsistency of the law to the
constitution must be clear and
unambiguous
To strike down a law:
● There must be a clear showing that
what the fundamental law condemns
or prohibits
● the statute allows it to be done
Rule of courts
- would have authority to declare it
constitutional or unconstitutional
● Trial courts:
- has jurisdiction to initially
decide the issue of
constitutionality of a law
- juridical questions on
constitutionality of laws
● Supreme court
- has the final authority to
declare a law
unconstitutional
Requisites for exercise of judicial power
(AREM)
1. There must be an actual case or
controversy; (what is the issue?)
2. the question of constitutionality must
be raised by the proper party;
3. the constitutional question must be
raised at the earliest possible
opportunity;
4. the decision of the constitutional
question must be necessary to the
determination of the case itself.
Test of constitutionality (NIVVC) or C
ViVaIN
A statute may be declared unconstitutional
because:
1. It is not within the legislative power
to enact;
2. It creates or established methods or
forms that infringe constitutional
principles
3. Its purpose or effect violates the
constitution
4. It is vague
*It is vague when it lacks comprehensive
standard that men of common intelligence
must necessarily guess at its meaning and
differ in its application
5. The change of circumstances or
conditions may affect the validity of
some statutes, especially those
so-called emergency laws designed
specifically to meet certain
contingencies
Test of validity of an ordinance
Ordinance is enacted by legislative body
and must not be oppressive or
discriminatory. Must be general and
consistent with public policy.
MUST NOT (CUPPU) :
1. Contravene the constitution or any
statute
2. Be unfair or oppressive
3. Be partial or discriminatory
4. Prohibit but may regulate trade
5. Unreasonable
Effects of unconstitutionality
1. The general rule is that an
unconstitutional act is not a law.
a. it confers no rights
b. it affords no protection
c. it imposes no duties
d. it creates no office
e. it is inoperative as though it had
never been passed
2. Presumed to be valid prior to its
declaration of nullity
Two views:
a. Orthodox view
an unconstitutional law confers no right, is
not a law, imposes duties, affords no
protection; in legal contemplation, it is
inoperative, as if it had not been passed
b. Modern view
the court in passing upon the question of
constitutionality does not annul or repeal the
statute if it; only until repealed is it invalid.
Invalidity due to change of conditions
● exception to the general rule
regarding the unconstitutionality of a
statute
● a statute is not declared invalid
because of the change
circumstances affecting its validity
● it becomes invalid only because the
change of conditions which makes
its continued operation violative of
the Constitution
● declaration of its nullity should affect
only the parties involved in the case;
and
● its effect applied prospectively
Partial invalidity
General rule: where part of a statute is void
or inconsistent to the Constitution, while
another part is valid, the valid portion, if
separable from the invalid, may stand and
be enforced
● the presence of separability clause
creates the presumption that the
legislature intended separability,
rather than a complete nullity of the
statute
Exception: when the parts are so mutually
dependent and connected
Effect and operation of laws and ordinances
When laws take effect:
Art. 2 of Civil Code
“Laws shall take effect after 15 days
following the completion of their publication
in the Official Gazette, unless it is otherwise
provided”
Tanada v. Tuvera 146 SCRA 446
● all laws or statutes, including
those of local application and
private law shall be published
as condition for their
effectivity
● otherwise it would violate the
due process clause of
constitution
● Completion of publication (from
which date the period of publication
will be counted)
of ○ refers to the date of release
of the official gazette or
newspaper (after 15 days) for
circulation and not to its date,
unless the two dates coincide
● Requirement of publication as a
condition for the effectivity of
statutes
○ except those which are
merely interpretative or
 internal in nature; no need for the next working day, as the
publication. offense has, by then, already
prescribed
Manner of computing time
specified number of days
● 10 calendar days, from notice
○ it means 10 calendar days
● the word “week” is used as a
measure
○ it means a period of seven
(7) consecutive days without
regard to the day of the week
from which it begins
● Year
○ section 31 Chapter 8, Book I
of the Administrative Code of
1987
○ composed of 12 calendar
months
● Months
○ 30 days
○ except if the months are
designated by their name
● Day
○ 24 hours
● Daytime
○ sunrise to sunset
● Night
○ sunset to sunrise
RULE: exclude the first day and include the
last day rule
● governs the computation of a period
● if the last day falls on a Sunday or
legal holiday, the act can still be
done the following day
○ examples: filing of pleadings
● the principle does not apply to the
computation of the period of
prescription of a crime
○ if the last day in the period of
prescription of a felony falls
on a Sunday or legal holiday,
the information concerning
said felony cannot be filed on
QUIZ 1 COVERAGE
AIDS TO CONSTRUCTION
- Where the meaning of a statute is
ambiguous, the court is warranted in
availing itself of all legitimate aids to
construction in order that it can
ascertain the true intent of the statute
- Help the courts in ascertaining the
legislative intent
- Who is tasked to interpret or
construe: judicial department — judicial
power is vested in one supreme court
and other lower courts created by the
legislative
- Court of Appeals (Appellate
Court)
- Trial courts: RTC, MTC
(First-level Courts)
- Why would there be ambiguity? due
to patronage (log-rolling legislation) —
you vote for my bill, i vote for yours
without looking into the propriety or
words of the law
TWO KINDS OF AIDS:
A. INTRINSIC AIDS (T,P,C,P,C,H,L or TiP
CoP CapitaHL)
- Those found in the printed page of the
statute itself
- Those found in the enacted law
- Found in the four corners of the written
text
1. Title of the statute
- It carries weight because of the
Constitutional requirement that
“every bill must embrace only
one subject which shall be
expressed in the title thereof.”
- Must be already the summary of
the law
2. Preamble
- States the purpose, reason, or
justification for the enactment of
the law. it may be resorted to
clarify ambiguity.
- “Whereas”
3. Context of Whole Text
- Words, phrases, sentences,
sections, provisions which are
taken as a whole and in relation
to one another
- Legislative intent should be
ascertained from a
consideration of the whole
context of the statute and not
from an isolated provision.
4. Punctuation marks
- Comma, semicolon, period
- IF the punctuation gives the
statute meaning which is
reasonable and in apparent
accord with the legislative will, it
may be used as an additional
argument for adopting the literal
meaning of the words as
punctuated.
- e.g. woman, without her man, is
nothing
- e.g. woman, without her, man is
nothing
*US v. Hart - it involved a
semicolon. vagrancy as a crime.
They had a lawful source of
income. The use of punctuation
is really important. the use of
the comma.
5. Capitalization of letters
6. Headnotes, headings or Epigraphs
- These are prefixed to sections
or chapters of a statute for
ready reference or classification
- Headings wherein the subject
matter is stated i.e. political law
- Subheadings i.e. eligibility to be
voted upon; right to suffrage
7. Lingual text
- PH laws are officially
promulgated either in English,
Spanish, or Filipino
- English text shall govern, but in
case of ambiguity, omission or
mistake, Spanish may be
consulted to explain
- Testimonies given in the Filipino
language are already allowed
B. EXTRINSIC AIDS (L,L,P,E,R,C,P,C)
- Extraneous facts and circumstances
outside; those beyond the written text
- Consider the prevailing circumstances
during that time (temporal setting)
1. Legislative debates, views and
deliberations, except when the speech
or statements have no relevance to the
law
 - During the debates in the
plenary
2. Legislative history
- Not in the written text of the law
3. President’s message to legislature
- When the President will veto a
bill, president must transmit his
veto message to the legislature
4. Explanatory notes
5. Reports of commissions
- When there would be technical
working groups or committees
created
6. Change in phraseology
7. Principles of common law
8. Conditions at the time of enactment
PRESUMPTIONS
- in aid of construction and interpretation
- it was not the intention of the legislature
to come up with vague, ambiguous,
doubtful laws
- courts would presume that it was the
intention of the legislature to enact a
valid, sensible and just law
- one which should not change the prior
law if there is no intention to repeal
unless expressly provided for; unless
necessary to effectuate the Act in
question
- if there is no express repeal, there was
no intention by the legislature to repeal
the prior law
Presumption of validity
- all statutes are presumed to be valid
and constitutional
- except if it violates the constitution
Presumption against unconstitutionality
- all laws are presumed to be
constitutional
- to justify the nullification of a law, there
must be a clear and unequivocal breach
of the constitution
- a law must have been carefully studied
and determined to be constitutional
before it was enacted
- all laws are presumed to be valid and
constitutional unless and until otherwise
ruled by the court
Presumption of good faith
- legislature is presumed to have good
motive in enacting statute
Presumption against injustice
- law should never be interpreted in a way
as to cause injustice as this is never part
of the legislative intent
Presumption against implied repeals
- when 2 laws be absolutely incompatible
and that there is clear finding that there
is implied repeal, it should be brought
into court because there is no express
repeal
- In the absence of express repeal, a
subsequent law cannot be construed as
a law that repeals the prior law unless
there are inconsistencies in the laws
Presumption against ineffectiveness
- It is presumed that all laws are effective
- in the interpretation of a statute, the
court should start with the assumption
that the legislature intended to enact an
effective law
Presumption against absurdity
- presumption that all laws are logical,
reasonable, appropriate
- absurdity: illogical, inappropriate
- statutes must receive a sensible
construction in order to avoid unjust or
absurd conclusion
Presumption against violation of
international law
- never the intention of the legislature to
violate an existing international law
- all statutes are presumed against
violation of international law
- “construction” - drawing of conclusions
with respect to subjects beyond the
direct expression of the text
● Article 2, Sec. 2 of PH Constitution
- The Philippines renounces war
as an instrument of national
policy, adopts the generally
accepted principles of
international law as part of the
law of the land and adheres to
the policy of peace, equality,
 justice, freedom, cooperation,
and amity with all nations.
General Principles in the Construction of
Statutes
How are statutes construed?
- construction is within the judicial
authority (courts)
1. Statutes construed as a whole and in
relation to other statues
- a statute should be construed
as a whole because it is not to
be presumed that the legislature
intended a statute with
conflicting provisions
- consider all provisions in
relation to others
- if there is a provision
irreconcilable with the others or
in conflict with others, when the
other provisions remain
independent and valid, then the
whole statute will still be valid.
● Construing a statute as a whole includes
reconciling and harmonizing conflicting
provisions.
○ Go back to the parts of a statute
○ In the body of a statute, there
are general rules and
exceptions but they should be in
harmony with each other
● if outright violative of the constitution, it
will not render the entire law as
unconstitutional.
○ If the other provisions will
independently stand and remain
valid
● The intent or the meaning of the statute
should be ascertained from the statue
taken as a whole
● It may happen that in a statue,
conflicting clauses and provisions may
arise. If such situation may occur, the
statute must be construed as a whole
● Where a statute is susceptible to more
than one interpretation, the court should
adopt such reasonable or beneficial
construction as will render the provision
operative and harmonious.
● Where there is a special provision and a
general provision in the same statute
and, general provision in its most
comprehensive sense would overrule
special provision
- special provision must be taken
to affect only the other parts of
the statute to which it may
properly apply
2. Statutes construed in harmony with
the constitution
● All statutes must conform to the
constitution
- There should be no provision
violative of the constitution
- All laws and contracts are the
spring. The source is the
constitution. the spring cannot
rise above the source.
● Doctrine of Constitutional Supremacy
- if a law or contract violates any
form of the constitution, that law
or contract whether promulgated
by the legislative, or by the
executive branch or entered into
by private persons for private
purposes is null and void and
without any force or effect
3. Statutes “in pari materia” (relating to
the same specific subject matter)
- statues that relate to the same subject
matter, or to the same class of persons
or things, or have the same purpose or
object, are to be construed together
- so that there would be unison of
sources, same jurisprudence to back it
up
e.g. when there would be a law or a
statute pertaining to health and welfare.
There are a lot of proposals in Congress
regarding health and welfare. Then
there are several not taken up by the
bicameral committee. When there would
be a question about the constitutionality
of one health and welfare law, all laws
relating to health and welfare must be
discussed. Supreme Court can take
 cognizance of present and upcoming
petitions questioning laws related to
health and welfare.
- Supreme Court would construe,
rule, issue a resolution, come up
with jurisprudence that relates to
the same subject matter.
4. General and Special Statutes (R, S, R,
A)
- statutes treating a subject in
general terms and another
treating a part of the same
subject in particularly detailed
manner
- If both statutes are
irreconcilable, the general
statute must give way to the
special statutes as an exception
to the general provisions
- Special statute prevails because
it treats a particular subject
matter in a detailed way
- There are provisions that will
explain the statute in a detailed
manner. It is found in the
purview or body of the statute
● Reference statutes - other statutes and
makes them applicable to subject of
legislation;
- reference to existing statutes
- “This statute is being referred to”
● Supplemental statues - intended to
supply deficiencies in an existing
statutes and it complex or extends the
statute without changing or modifying its
original text
- it undergone the process of enactment
into law
● Reenacted statues - one which the
provisions of an earlier statute are
reproduced in the same or substantially
the same words
- in construing these, court should take
into account prior contemporaneous
construction
- earlier provisions of a statute would be
adopted by a new or re enacted statute
- contemporaneous construction -
there is already an existing statute. Add
the same provisions. The same words
will be used but there is a wording that
states “this statute is a reenacted statute
of RA number...”
● Adopted statutes - patterned after or
copied from a statute of a foreign
country
- adopt a foreign statute from another
country
- parang copy paste but we give due
recognition to that country
- adopt the best practices of other
countries
Rules on Construction of Specific Statutes
Strict Construction (13)
- construction to the letter of the statute
which recognizes nothing that is not
expressed
- use the exact meaning and admits no
equitable consideration
- it takes the language used in its exact
meaning and admits no equitable
consideration
1. Penal statutes
- follow what the law provides
- libel case: jurisdiction is with the
RTC but with the anti-bastos
law, the penalty is already with
the jurisdiction ng MTC
2. Statutes in derogation of rights
3. Statutes authorizing expropriations
- confiscatory since it against the
owner of the property so strict
construction is needed
- there should be right to due
process
- there should be guidelines as to
expropriation
4. Statutes granting privileges
- privilege is not a matter of right
that is why it is strictly construed
5. Legislative grants to local
government units
- when there would be a
legislative enactment granting
projects, funds to LGUs
6. Statutory grounds for removing
officials
 - why? officials specially elective - who would be the taxing power?
officials would have the - taxing power is confiscatory in
mandate of the people nature
- elective officials were put into 5. Statutes prescribing prescriptive
position by popularity vote period to collect taxes
- there are specific requirements - liberally construed since there
and procedure for removing the will be more time to collect
officials 6. Statutes imposing penalties for
7. Naturalization laws nonpayment of taxes
- right to be a filipino in the PH - penalties may not be given so
8. Statutes imposing taxes and custom that the person can still pay the
duties taxes
- gr: tax collection 7. Election laws
9. Statutes granting tax exemptions - democracy
- exemption: tax exemption - we respect the results of the
10. Statutes concerning the sovereign election
- rights attached to a sovereign 8. Amnesty proclamations
11. Statutes authorizing suits against the - for the fugitives of the law
government 9. Statutes prescribing prescriptions of
- government would not be crimes
wasting time facing suits - favorable to the accused
12. Statutes prescribing formalities of 10. Adoption statutes
will - adoption of child
- mental capacity of the person - aim of our laws that every child
who signed or executed the will will belong to a loving family and
- number of witnesses through adoption then can find
13. Exceptions and provisos that family
- if it is favor of the child, it can be
Liberal Construction (13) construed liberally
11. Veteran and pension laws
- equitable construction as will enlarge - same as social welfare
the letter of the statute to accomplish its legislation
intended purpose, carry out its intent or 12. Rules of Court
promote justice - so that there would be
- consider the legislative intent orderliness
- a procedure is to be followed so
that there would be fast and
1. General social legislation speedy process
- SSS, GSIS, etc. 13. Other statutes (C,R,IP)
- liberally construed in favor of the - Curative statutes,
claimant or the beneficiary Redemption laws,
2. General welfare clause Instruments of credit,
- mga kabutihan ng lahat Probation law
- e.g. presidential announcement
of a public holiday
- went to work: double ● As to nature (P, R, S, L, T)
pay
- government worker: not
go to work but still gets 1. Penal Statutes
paid - define crimes, treats of their
3. Grant of power to local governments nature and provide for their
- how to run their respective LGU punishment
in accordance with the law - construed strictly against the
- there are no prescribed state and liberally in favor of the
guidelines accused
4. Statutes granting taxing power
 - give primordial consideration to
the rights of the accused
- reason: the rights of the
accused are enshrined
in the constitution
specifically in the bill of
rights. a person is
presumed innocent until
proven guilty. quantum
of evidence for criminal
cases is proof beyond
reasonable doubt
- there are crimes that
prescribe
2. Remedial Statutes
- liberally construed in order to
promote their objective of
securing a just, speedy and
inexpensive disposition of every
action and proceeding
- strictly construed in order to
provide an orderly process in
court
3. Substantive Statutes
4. Labor Statutes
- is it pro-laborer or pro-employer
5. Tax Statutes
- lifeblood of the government
- tax collection is the general rule;
tax exemption is the exception
- in case of doubt, tax statutes
must be construed strictly
against the government and
liberally in favor of the taxpayer
- any claim for exemption from a
tax statute is strictly construed
against the taxpayer and
liberally in favor of the state
- if confiscatory, court will rule in
favor of the taxpayer
● As to application (M, D)
1. Mandatory Statutes
- command either positively that
something be done, or
performed in a particular way, or
negatively that something NOT
be done, leaving the person
concerned no choice on the
matter except to obey
- shall, must, ought, should, shall
not, ought not
- contain words of command or
prohibition
- when it is required
2. Directory Statutes
- same result is obtained
- permissive or discretionary in
nature
- no command is given
- merely outlines the act to be
done
- how things should be done.
does not direct or mandate how
to do it
- no injury can result from
ignoring it
- its purpose can be
accomplished in a manner other
than that prescribed
● As to performance (T,P)
1. Temporary Statute
- enacted for a particular
condition
2. Permanent Statute
- not enacted for a particular
condition
● Other classification (P,R,R,A,R,D)
1. Prospective Statutes
- operate upon facts or
transactions that occur after the
statute takes effect
- one that looks applies to the
future
2. Retroactive Statute
- creates a new obligation,
imposes a new duty or attaches
a new disability with respect to a
transaction in the past
- past application
3. Repealing Statute
- repeals an existing or a prior statute
4. Amendatory statute
- amending a provision of an
existing statute
5. Reference statute
- “A reference is given to…”
6. Declaratory statute
- “It is to be declared that…”
QUIZ 2 COVERAGE
Judicial Authority and Duty
● Article VIII, Section 1. The judicial
power shall be vested in one Supreme
Court and in such lower courts as may
be established by law.
Court’s Primary Duty
● Apply the law - based on clear and
unequivocal language
● Majority of the laws need no
interpretation or construction
○ constitutionality questions:
judicial branch - would apply
the law
○ Only the Supreme Court en
banc can declare a law
unconstitutional
● Require only application if law is clear
and unambiguous
● More application and less construction,
there would be more stability in the law
○ If there are a lot of questions,
then there would be less
stability
○ Less cases/questions = more
stability
COURTS' AUTHORITY
● to declare a law or an ordinance
unreasonable is a power to be
cautiously exercised
● Supreme Court exercises the power to
nullify statutes cautiously and
solemnly
○ more favored that they will
declare certain portions as
unconstitutional
○ done carefully
MAY THE COURTS PASS UPON A
CONSTITUTIONAL QUESTION OR DECIDE A
STATUTE TO BE INVALID EVEN IF NOT
RAISED?
Answer: NO.
● As a general rule, courts will not pass
upon a constitutional question or decide
a statute to be invalid unless that
question is raised and is necessary to a
determination of the case.
○ only the question being raised is
ruled upon
THE FACT THAT A STATUTE HAS BEEN
ACCEPTED AS VALID, AND INVOKED AND
APPLIED FOR MANY YEARS IN CASES
WHERE ITS VALIDITY WAS NOT RAISED OR
PASSED ON, DOES NOT PREVENT THE
COURT FROM LATER PASSING ON ITS
VALIDITY WHERE THAT QUESTION IS
PROPERLY RAISED AND PRESENTED.
WHAT THE COURT CAN AND CANNOT DO IN
CONSTRUING A STATUTE?
1. The Court's duty is to ascertain the true
intent of the statute.
● Go back to the legislative intent
2. In the pursuit of this duty, the Court can
resort to all legitimate aids to
construction - intrinsic and extrinsic aids.
3. It can depart from the language of the
statute if by so doing, the legislative
purpose could be carried out.
4. The Court may correct clerical errors,
mistakes or misprints, which if not
corrected may render the statute
meaningless.
● cannot change the provisions
since it will be an encroachment
on the powers of the legislative
and executive
● if clerical errors like comma,
punctuations - allowed
5. The Court may issue guidelines in
applying the statute in order to delineate
what the law requires.
WHAT THE COURT CANNOT DO IN
CONSTRUING A STATUTE
1. speculate as to the intent of the law
2. supply a meaning not found in the
phraseology of the law
● cannot change the words
3. assume a purpose not expressed in the
statute
4. change the meaning of the law,
especially if it defeats the purpose of the
law
● to uphold the legislative intent
5. rewrite the law or exercise judicial
legislation
6. interpret into a law a requirement which
the law does not prescribe
7. enlarge the scope of the statute
● cannot come up with another
legislative intent
expressio unius est exclusio alterius
● the explicit mention of one (thing) is the
exclusion of another
● when it excludes other things, it should
not include them.
ubi lex non distinguit, nec nos distinguere
debemos
● Courts must not distinguish where the
law does not distinguish
● as is lang dapat
Could a statute be incapable of interpretation
or construction?
Answer: YES.
● the statute fails to express a meaning
● conflicts/absurdity in the law cannot be
reconciled
○ courts cannot harmonize the
provisions
STATUTE IS INCAPABLE OF
INTERPRETATION OR CONSTRUCTION
● statute becomes INOPERATIVE
○ as if it was never passed in the
first place
● courts do not have the authority to
rewrite statutes, statutes must be
applied as written
○ Legislative: has the authority to
amend the law to be approved
by the President
JUDICIAL INTERPRETATION, WHEN SET
ASIDE
● enactment of a new statute - former
law was modified or amended by the
later statute
LATIN MAXIMS AND PHRASES
● Meaning
● Importance in Statutory Construction
Lex Prospicit, Non Respicit
Lex de Futuro, Judex de Praeterio
● laws should be prospective, not
retroactive
● law looks forward, not backward
○ Related to the application of
laws
○ laws are generally deemed or
presumed to be prospective
unless there is a statement that
it applies retroactively
● The law provides for the future; the
judge for the past. (lex de futuro, judex
de praeterio)
e.g. criminal cases favorable to the accused -
decriminalization of a crime
● Vagrancy was committed in 1995. Later
on, in 2012, there was a law
decriminalizing vagrancy.
RA 10158 - LAW DECRIMINALIZING
VAGRANCY
● Law is favorable to the accused
STATUTES GIVEN PROSPECTIVE EFFECT
● Nullum crimen sine poena, nulla
poena sine lege - There is no crime
without a penalty, there is no penalty
without a law
● Favorabilia sunt amplianda, odiosa
estringenda - Penal laws which are
favorable to the accused are given
retroactive effect.
Absolute Sentencia Expositor Non Indiget
Optima Statuti Interpretatix Est Insum
Statutum
● When the law is clear, the court's duty is
to apply it, not to interpret it.
Absolute Sentencia Expositore Non Indiget
● "an absolute judgment needs no
expositor"
● A sentence that is plain and absolute
does not need an expositor.
○ When the court has already
rendered its “wherefore”, then
there is already an absplute
judgment
Optima Statuti Interpretatix
Est Insum Statutum
● The best interpreter of a statute is the
statute itself.
○ use of aids to construction
○ no reference to the other
statutes
Ratio Legis Est Anima Ratio Legis
● reason of the law is its soul
● It is not the letter of the law that kills it, it
is the spirit of the laws that gives it life.
Dura Lex Sed Lex
● "it is harsh, but it is the law"

noscitur a sociis
● it is known by its associates
● the meaning of a word may be known
from accompanying words
*caltex v. palomar

Ejusdem Generis
● "of the same kind"
● applied when:
(a) the statute contains an enumeration
of specific words
(b) the general term follows the
enumeration
(c) there is no indication of a different
legislative intent.
(d) the subjects of the enumeration
constitute a class or category
(e) that class or category is not
exhausted by the
enumeration
quiz 1: aids to construction to rules of
construction of specific statutes
quiz 2: judicial authority to latin maxims

real life: you dont settle criminal cases.

never settled. only the civil aspect can be
settled. nadidismiss ang criminal case dahil
di na pupunta yung parties. nagiging
disinterested party na sila.