STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE
GENERAL RULE:
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.
VERBA LEGIS NON EST RECEDENDUM - From the
words of a statute there should be no departure.
EXCEPTIONS:
1. When the language of the statute is
susceptible to 2 or more constructions, the
construction which should be adopted is what
will give effect to the manifest intent of the
law maker. (UNITED STATES vs. TORIBIO)
2. A statute should therefore be read with
reference to its leading idea, and its general
purpose and intention should be gathered from
the whole act, and this predominant purpose
will prevail over the literal import of
particular terms or clauses, if plainly
apparent, operating as a limitation upon some
and as a reason for expanding the signification
of others, so that the interpretation may
accord with the spirit of the entire act, and so
that the policy and object of the statute as a
whole may be made effectual and operative to
the widest possible extent. (SY TION SHIOU vs.
SPOUSES SY)
3. In labor laws, in case of doubt or ambiguity,
the court shall rule in favor of labor as to give
flesh to the intent of the lawmakers to
safeguard the interests of the common laborer,
which is to meet a decent end. (AUTOMOTIVE
PARTS vs. LINGAD)
4. In case where the statute seems to be in
conflict with the Constitution, but a
construction that is in harmony with the
Constitution is also possible, that
construction should be preferred. (RESIDENT
MARINE MAMMALS vs. REYES)
RATIO LEGIS EST ANIMA - the spirit of the law
rather than the letter of the law
5. The intent and spirit of the law must hold
more ground than the literal wording of the
law if such wording were to be against the
spirit. (MATABUENA VS. CERVANTES)
6. A statute must be read according to its spirit
or intent, for what is within the spirit is
within the statute although it is not within its
letter, and that which is within the letter but
not within the spirit is not within the
statute. (NAVARRO vs. ERMITA)
7. Where there is an ambiguity, the Courts should
look at the intent of the framers of the law
(ATONG PANGLAUM vs. COMELEC)
UT MAGIS VALEAT QUAM PEREAT - The
constitution must be interpreted as a whole.
8. The constitution must be interpreted as a
whole. The court must harmonise the
provisions because the framers made the
Constitution to function in conjunction with all
other provisions not by itself alone.
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE
In case of doubt, Constitutional Provisions are
SELF-EXECUTING
Reason: because if not legislature would have the
power to ignore and nullify the mandate of the
fundamental law.
(MANILA PRINCE HOTEL vs. GSIS)
DOCTRINE OF CONSTITUTIONAL SUPREMACY: The
Constitution is Fundamental and Supre Law, it is
deemed written in every contract/statute. Hence,
if it contradicts the constitution, the same shall be
void.
(MANILA PRINCE HOTEL vs. GSIS)
ORDINARY SENSE - words in constitutional
provisions are understood in their common or
ordinary meaning. (ORDILLO vs. COMELEC; TUASON
vs. LTA)
9. Any interpretation of a statute which will give
it a meaning in conflict with the Constitution
must be avoided. So much so that if two or more
constructions or interpretations could possibly
be resorted to, then that one which will avoid
unconstitutionally must be adopted even though
it may be necessary for this purpose to disregard
the more usual and apparent import of the
language used. To save the statute from a
declaration of unconstitutionality it must be given
a reasonable construction that will bring it within
the fundamental law. Apparent conflict between
two clauses should be harmonized” (GALMAN vs.
PAMARAN)
10. INTERPRETATIO TALIS IN AMBIGUIS SEMER
FRIENDA EST, UT EVITATUR INCONVENIENS -
Where there is ambiguity, such interpretation as
will avoid inconvenience and absurdity is to be
adopted (MALONZO vs. ZAMORA)
12. NEMO TENTEUR AD IMPOSSIBLE - the law
obliges no one to perform an impossibility. The
law does not require the impossible to be done.
Laws and rules must be interpreted in a way that
they are in accordance with logic, common
sense, reason, and practicality. (SANTOS vs.
PNOC)
1. Principles in Article II are not meant to be self
executing or principles ready for enforcement
in the court. They are used by the judiciary
and legislative as aids in the exercise of
judicial review or enactment of laws. (TANADA
vs. CUENCO)
(except: Section 16: Right to a healthful and
balance ecology and Sect 15: Rights to health)
(OPOSA vs. FACTORAN)
2. Expressly require legislations to implement
them (PAMATONG vs. COMELEC)
1. TECHNICAL SENSE - If a word has acquired a
fixed, technical meaning in legal and
constitutional history, the technical meaning
should be applied. It should be construed
according to the sense that they have been
previously used in laws and jurisprudence.
(KRIVENKO vs. REGISTER OF DEEDS)
2. VERBA ACCIPIENDA SUNT SECUNDUM
MATERIAM - Word is to be understood in the
context in which it is used. (ACQUINO vs.
COMELEC)
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE

Constitutional Provision must be presumed to

have been framed and adopted in the light and
understanding of prior and existing laws and with
reference to them.

(GOLD CREEK MINING CORP. vs. RODRIGUEZ)

Constitutional Provisions are to be construed as A different intention is manifest. (DIRECTORY)

MANDATORY
Mandatory Statute - is a statute which commands
either positively that something be done or
negatively that something be not done.
COMPLIANCE is essential to the validity of the act.
OBSERVANCE IS REQUIRED.
(TANADA vs. CUENCO; GONZALES vs. COMELEC)
Directory statute - statute which is permissive or
discretionary in nature. Compliance is a matter of
convenience, where the directions of a statute are
given merely with a view to the proper, orderly,
and prompt conduct of business. No substantial
rights depend on it.
(TANADA vs. CUENCO)

DURA LEX SED LEX - the law is harsh but it is the 1. When an overly strict application of the Rules
law. would clearly frustrate the spirit of the law as
well as do injustice to the parties.
(REVALDO vs. PEOPLE)
(SAGANDA vs. FRANCIS)

presumption is ALL LAWS OPERATE THE FOLLOWING WILL BE APPLIED

PROSPECTIVELY RETROACTIVELY
1. Clearly, plainly and equivocally expressed or
necessarily implied in the statute
2. Penal laws which are favorable to the accused
(FILOTEO vs. SANDIGANBAYAN)
3. Remedial provisions or Curative provisions (CO
vs. ELECTORAL TRIBUNAL)
4. Procedural statutes or provisions

STATUTE MUST BE CAPABLE OF CONSTRUCTION -

This means that when a law is considered obscure/
doubtful, the court may interpret the law with its
literal meaning (verbal egis) or even depart from it
and identify its legislative intent (ratio legis).
However, if the court still fails to achieve judicial
certainty enough to dispel the law’s obscurity,
they CANNOT SPECULATE its intent or supply its
meaning NOT found in the PHRASEOLOGY of the
law. (SANTIAGO vs. COMELEC)

CESSANTE RATIONE LEGIS CESSAT ET IPSA LEX -

Once the reasoning behind the law has ceased, the
law itself should cease. (COMENDADOR vs.
GENERAL DE VILLA)

SUPPLYING LEGISLATIVE OMISSION - Clerical errors or
misprints, which if uncorrected would render the
statute unmeaning or nonsensical or would defeat or
impair its intended operation, will not vitiate the act;
they will be corrected by the court and the statute
read as amended (CARROLL H. LAMB vs. PHIPPS)
The true meaning is NOT obvious or the real
meaning of the legislature is NOT apparent on the
face of the whole enactment (CARROLL H. LAMB
vs. PHIPPS)

WORDS IN PLURAL INCLUDE THE SINGULAR

(SANTILLON vs. MIRANDA)

MASCULINE INCLUDES ALL GENDERS, but that the unless otherwise provided
feminine does not. (SYNDER’S ESTATE vs. DENIT)

DOCTRINE OF NECESSARY IMPLICATION - what is Conflicting with the or Violative of the

implied in a statute is as much part thereof as that Constitution and the law
which is expressed (DENR vs. UNITED PLANTERS
CONSUTANTS, INC.)
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE

WHEN A GENERAL POWER IS CONFERRED BY THE

CONSTITUION, incidental powers are also
conferred (LAZATIN vs. HRET)

WHAT CANNOT BE DONE DIRECTLY CANNOT BE

DONE INDIRECTLY - What the President, Congress
and the Court cannot legally do directly, they
cannot do indirectly. (TAWANG MULTIPURPOSE
COOPERATIVE vs. LA TRINIDAD WATER DISTRICT)

A statute is not rendered null and void when The court shall declare a law null and void if its
general terms are used therein or when not all use of general terms is “too sweeping” or has the
words are defined (ESTRADA vs. SANDIGANBAYAN) effect of violating constitutional rights. (DISINI vs.
SECRETARY OF JUSTICE)

EXPRESSION UNIUS EST EXCLUSIO ALTERIUS - a The doctrine does not apply if the words are
statute, by its terms, is expressly limited to mentioned by way of example. (COCONUT OIL vs.
certain matters, it may not, by interpretation or TORRES)
construction, be extended to others. (ROMUALDEZ
vs. MARCELO) it is a basic precept in statutory construction that
the intent of the legislature is the controlling
CASUS OMISSUS - A person, object or thing omitted factor in the interpretation of a statute. (COA OF
from an enumeration must be held to have been CEBU vs. PROVINCE OF CEBU
omitted intentionally.
where legislature did not intend to exclude the
Courts may not, in the guise of interpretation, person, thing or object from the enumeration. If
enlarge the scope of a statute and include therein such legislative intent is clearly indicated, the
situations not provided nor intended by the court may supply the omission if to do so will carry
lawmakers. An omission at the time of the out the clear intent of the legislature and will not
enactment, whether careless or calculated, cannot do violence to its language
be judicially supplied however after later wisdom
may recommend the inclusion. (ROMUALDEZ vs.
MARCELO)

REDDENDENDA SINGULA SINGULIS - Referring each

to each. Referring each phrase or expression to its
appropriate object or let each be put in its proper
place. (GUTIERREZ vs. HOUSE OF
REPRESENTATIVES)

The maxim reddendo singula singulis which means

that words in different parts of a statute must be
referred to their appropriate connection, giving to
each in its place, its proper force and effect, and,
if possible, rendering none of them useless or
superfluous, even if strict grammatical
construction demands otherwise (CITY OF MANILA
vs. LAGUIO)

EJUSDEM GENERIS (Ejusdem generis states that
where a general word or phrase follows an
enumeration of particular and specific words of
the same class, the general word or phrase is to be
construed to include – or to be restricted to –
things akin to or resembling, or of the same kind or
class as, those specifically mentioned. (EMERTERIA
LIWAG vs. HAPPY GLEN LOOP HOMEOWNERS
ASSOC., INC.)
ejusdem generis applies only when there is
uncertainty. (ROMAN CATHOLIC ARCHBISHOP OF
MANILA vs. SOCIAL SECURITY COMMISSION)
Things enumerated have no distinguishable
common characteristics and they differ greatly
from one another and the rule of ejusdem generis
applies only where the specific words preceding
the general expression are of the same nature.
Where they are of different genera, the meaning
of the general word remains unaffected by its
connection with them. (COMMISSIONER OF
CUSTOMS vs. COURT OF APPEALS)

WHERE THE LAW DOES NOT DISTINGUISH, the

courts shall not distinguish
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE
STATUTORY CONSTRUCTION:
“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 the intention is
rendered doubtful to a given case, amongst others, by reason of the fact that the given
case is not explicitly provided for in the law” (PAMATONG vs. COMELEC; CALTEX PHILS.
INC vs. PALOMAR)

PURPOSE OF CONSTRUCTION
The true objective of all interpretation is to ascertain the meaning and will of the law-
making body, to the end that it may be enforced. (CITY OF BAGUIO vs. MARCOS)

AIDS TO CONSTRUCTION:
1. HISTORY
• Court can examine the history of the times, and conditions under which the
constitutional provisions was framed and its object. (CIVIL LIBERTIES UNION vs.
HOUSE OF REPRESENTATIVES)
2. PROCEEDINGS OF THE CONVENTION
• Proceedings of the convention are usually inquire into because it sheds light into
what the framers of the Constitution had in mind at that time. (LUZ FARMS vs.
SECRETARY of DAR)
• BUT The opinions of the delegates have persuasive force but they are not conclusive.
Their personal opinion on the matter at issue expresses during out deliberations
stand on a different footing: If based on a “fact” known to them, but not duly
established or judicially cognizable, it is immaterial. (VERA AVELINO)
3. PRIOR LAWS AND JUDICIAL DECISIONS
• Constitutional provision must be presumed to have been framed and adopted in the
light and understanding of prior existing laws and w/ reference to them (SARMIENTO
III vs. MISON)
4. CONTEMPORANEOUS CONSTRUCTIONS
5. CONSEQUENCES OF ALTERNATIVE INTERPRETATIONS

STRICT AND LIBERAL CONSTRUCTION

LIBERAL INTERPRETATION/CONSTRUCTION STRICT INTERPRETATION/CONSTRUCTION

Equitable construction as will enlarge the letter of Construction according to the LETTER of the
a statute to accomplish its intended purpose, carry statute, which recognized nothing that is not
out its intent, or promote justice. expressed, takes the language used in its exact
meaning and admits no equitable consideration.
2. RETIREMENT LAWS 1. PENAL LAWS - if there is doubt rule in favor
of the accused. but if not doubt, apply the
“[T]he liberal approach aims to achieve the law strictly based on the letter.
humanitarian purposes of the law in order that the
efficiency, security, and well-being of government (INTESTATE ESTATE OF MANOLITA GONZALES VDA.
employees may be enhanced.” Ensuring the DE CARUNGCONG vs. PEOPLE OF THE PHILIPPINES)
welfare of families dependent on government
employees is achieved in the changes made in RA
No. 9946. It will be consistent with the
humanitarian purposes of the law if the law is
made retroactive to benefit the heirs of judges and
justices who passed away prior to the effectivity of
RA No. 9946. (RE: APPLICATION FOR SURVIVORSHIP
PENSION BENEFITS UNDER REPUBLIC ACT NO. 9946)
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE
1. STATUTE OF LIMITATIONS
it is that statutes of limitation are to be liberally
construed in favor of the defendant, not only
because such liberality of construction belongs to
all acts of amnesty and grace, but because the
very existence of the statute, is a recognition and
notification by the legislature of the fact that
time, while it gradually wears out proofs of
innocence, has assigned to it fixed and positive
periods in which it destroys proofs of guilt. (RAMON
A. SYHUNLIONG vs. TERESITA RIVERA)
Statutes of limitation are to be liberally construed
in favor of the defendant, not only because such
liberality of construction belongs to all acts of
amnesty and grace, but because the very existence
of the statute, is a recognition and notification by
the legislature of the fact that time, while it
gradually wears out proofs of innocence, has
assigned to it fixed and positive periods in which it
destroys proofs of guilt. Prescription emanates
from the liberality of the State. . . . Any doubt on
this matter must be resolved in favor of the
grantee thereof, the accused. (Syhunliong v.
Rivera)
2. IN DEROGATION OF A RIGHT
The exercise of the right of eminent domain,
whether directly by the State, or by its authorized
agents, is necessarily in derogation of private
rights, and the rule in that case is that the
authority must be strictly construed
(HEIRS OF ALBERTO SUGUITAN vs. MANDALUYONG)
TAX LAWS
In Statutory Construction rules, that in case of
doubt, tax laws must be construed strictly against
the State and liberally in favor of the taxpayer. The
reason for this ruling is not hard to grasp taxes, as
burdens which must be endured by the taxpayer,
should not be presumed to go beyond what the law
expressly and clearly declares. That such strict
construction is necessary in this case is evidenced
by the change in the subject provision as presently
worded, which now expressly levies the tax on
shares of stock as against the privilege of issuing
certificates of stock as formerly provided. The
respondent’s contention therefore has no bearing
as where the law did not specify that such transfer
and/or assignment is to be taxed, there would be
no basis to recognize an imposition. (PHILACOR
CREDIT CORPORATION vs. CIR)
WAIVER OF PRESCRIPTION
The prescriptive period on when to assess taxes
benefits both the government and the taxpayer.
Exceptions extending the period to assess must,
therefore, be strictly construed. To stress, a
waiver of the statute of limitations, being a
derogation of the taxpayer’s right to security
against prolonged and unscrupulous
investigations, must be carefully and strictly
construed (CIR vs KUDOS METAL CORPORATION) -
this is the waiver of prescription to assess taxes.
Waiver of benefit of prescription is a derogation of
taxpayer’s right.
PUBLICATION REQUIREMENT
Another reason why the publication requirements
should be strictly complied with is that any person
who fails to file an adverse claim against the
applicant during the period of publication is
forever barred to file such a claim since the
section itself provides that In view then of its
adverse consequences on the rights of others,
nothing short of strict compliance is demanded.
Statutes in derogation of rights must be
construed strictly. (MAPULO MINING ASSOCIATION
vs. HON. FERNANDO LOPEZ)
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE
3. LABOR LAWS 3. STATUTES GRANTING PRIVILEGE

PD 626, as amended, is a social legislation whose In contending that jai-alai is impliedly included in
primordial purpose is to provide meaningful Section 10 of the law, the respondents are
protection to the working class against the hazards suggesting that an illegal act may be legalized by
of disability, illness and other contingencies mere implication of law. A gambling franchise
resulting in loss of income. Hence, the ECC and SSS should be strictly construed due to its ill-effects on
should adopt a liberal attitude in favor of the public order and morals. (RAOUL B. DEL MAR vs.
employee in deciding claims for compensability PAGCOR)
especially where there is some basis in the facts
for inferring a work connection with the illness or
injury, as the case may be. It is only this kind of
interpretation that can give meaning and substance
to the compassionate spirit of the law as embodied
in Article 4 of the Labor Code which states that all
doubts in the implementation and interpretation of
the provisions of the Labor Code including its
implementing rules and regulations should be
resolved in favor of labor. (OBRA vs.SSS)
4. ADOPTION STATUTES 4. EXCEPTIONS and PROVISOS

HOWEVER, literal construction shall not be Discretionary Execution must be strictly construed
resorted to if the provision is clear! being an exception to the general rule. In this
case, there was lack of one of the requisites of
“The main purpose of adoption statutes is the Discretionary Execution, and so exception should
promotion of the welfare of children. Accordingly not be considered. (GEOLOGISTS, INC. vs. GATEWAY
the law should be construed liberally in a manner ELECTRONIC CORPORATION )
that will sustain rather than defeat said purpose.
The law must also be applied with compassion,
understanding, and less severity in view of the fact
that it is intended to provide homes, love, care
and education for the less fortunate children.

HOWEVER, the court is not in a position to affirm

the decision favoring adoption in the case at bar,
for the law is clear and it cannot be modified
without violating the proscription against judicial
legislation.” (IN RE: PETITION FOR ADOPTION OF
MICHELLE LIM)

Whether a statute is to be given a strict or liberal construction will depend on the

following:

1. The NATURE of the statute

2. The purpose to be subserved
3. The mischief to be remedied

MANDATORY vs. DIRECTORY

MANDATORY DIRECTORY

A mandatory statute contains words of On the other hand, a directory statute is

command or prohibition, omission of which is
illegal and void. (FLORANTE S. QUIZON vs.
COMELEC)
permissive or discretionary in nature and
merely outlines the act to be done and non-
observance causes no injury, or it can be
accomplished in a manner other than
prescribed and substantially the same result
will be obtained. FLORANTE S. QUIZON vs.
COMELEC)
STATUTORY CONSTRUCTION RULES REVIEWER / ANDREA LEE
Under the rule of statutory construction, while those in the affirmative are merely
negative words and phrases are to be regarded directory.
as mandatory.
(GAUDENCIO GUERRERO vs. RTC OF ILOCOS
(GAUDENCIO GUERRERO vs. RTC OF ILOCOS NORTE)
NORTE)
The requirements for perfecting an appeal
within the reglementary period specified in the
law must be strictly followed as they are
considered indispensable interdictions against
needless delays. Moreover, the perfection of an
appeal in the manner and within the period set
by law is not only mandatory but jurisdictional
as well, hence failure to perfect the same
renders the judgment final and executory.
(BOARDWALK BUSINESS VENTURES vs. ELVIRA A.
VILLAREAL)
Whether the word “may” in a statute is to be The word "shall" departed from its mandatory
construed as mandatory and imposing a duty, import connotation because it was connected
or merely as permissive and conferring to certain provisos/conditions: "subject to the
discretion, is to be determined in each case availability of funds" and "upon such violation
from the apparent intention of the statute as being proved." (ADASA vs, ABALLOS)
gathered from the context as well as from the
language of the particular provision. The
question in each case in whether, taken as a
whole and viewed in the light of surrounding
circumstances, it can be said that a purpose
existed on the part of a legislator to enact a
law mandatory in its character. (IN RE:
APPLICATION OF MARIO GUARIÑA FOR
ADMISSION TO THE BAR)