I.

Does General Principles

Definition of Statutory Construction: It is the art of seeking the intention of the legislature in enacting a
statute and of applying it to a given state of facts

Statute: A statute is the written will of the legislature, solemnly expressed according to the forms
necessary to constitute a law of the state. It is an expression of the public will and a mandate of the
people acting thru their representative.

Construction distinguished from interpretation: A distinction is sometimes made between construction

and interpretation. Interpretation is said to be the act of finding the true sense and meaning of words,
where as construction is drawing of conclusions respecting subjects that lie beyond the direct
expression of the text. (Juris Prudence: Bloomer vs. Tood, 1 L.R.A., 111)

Chater 1.2

When does statutory construction come in: It comes in to fulfill the duty of the courts to construe
statues for the purpose of determining whether a particular act or omission falls within their intended
scope or prohibition (JP:Robson vs Cantwell, 141 S.E., p. 180) but this duty may not under the guise of
interpretation, be expanded to include the power to modify, amend, remodel, or rewrite a statute. As
this would not be construction anymore but judicial legislation.

Statutory construction vs Judicial legislation

Statutory Construction whose job is it: To declare what the law shall be is a legislative power but to
declare what the law is or has been is judicial.

To declare what the law shall be is a legislative power, but to declare what the law is or has been, is
judicial. However, the courts “do and must legislate” to fill in the gaps in the law. The Court decided to
go beyond merely ruling on the facts of the existing law and jurisprudence. (Floresca v. Philex Mining;
Republic v. CA and Molina)

Chapter 2.2

How must Legislative intent be ascertained: Legislative intent for construction purposes does not mean
the subjective wishes, hopes, and prejudices of each and every member of the legislature but rather the
“objective footprint left on the trail of legislative enactment.

Chapter 3

It is a general rule of statutory construction that the express mention of one person, thing, or
consequence is tantamount to an express exclusion of all others. “Expressio unius est exclusio alterius”.
When there is no reason for exception