STATUTORY CONSTRUCTION IN GENERAL INTERPRETATION CONSTRUCTION

Definition of Terms Limited to exploring the Goes beyond and may

A. Statutory Construction – the art of seeking the written text. call
intention of the legislature in enacting a statute in the aid of extrinsic
and of applying it to a given state of facts. considerations.
B. Legal Hermeneutics – branch of science which The art of finding out the The drawing of
establishes the principles and rules of interpretation true sense of any form of conclusions respecting
words, that is the sense subjects that lie beyond
and construction of written laws.
which the author the direct expressions of
C. Exegesis – application of the principles and rules
intended to convey and the text, from elements
of interpretation and construction of written of enabling others to known from and given in
laws. derive from them the the text; conclusions
D. Interpretation of written law – art or process of same idea which the which are in the spirit,
discovering and expounding the intended author intended to though not within the
signification of the language used in the law, convey. letter of the text.
that is, the meaning which the authors designed Only takes place if the Resorted to when, in
it to convey to others. text conveys some comparing two different
E. Construction of written law- art or process of meaning or other. enactments of the same
discovering and expounding the meaning and legislative body, there is
intention of the authors of the law with respect found contradiction
to its application to a given case, where that where there was
evidently no
intention is rendered doubtful either by reason
intention of such
of apparently conflicting provisions or directions,
contradiction one of
or by reason of the fact that the given case is not
another,
explicitly provided for in the law. or where it happens that
part of a writing or
Ubi lex non distinguit necnon distinguere debemus – declaration contradicts
Where the law does not distinguish, the courts should the rest.
not distinguish.
Purpose or Object of Construction
*real facts not hypothetical facts - To ascertain, and give effect to, the intent of the
*one should understand how these laws are applied to law.
the facts
*read the law in its totality Legislative Intent
- What is meant by the legislature when they
used words that are contained in a particular
CONSTRUCTION AND INTERPRETATION statute
Article 10 of the Civil Code: - the essence of the law
In case of doubt in the interpretation or application of - the key to, and the controlling factor in, its
laws, it is presumed that the lawmaking body intended construction or interpretation
right and justice to prevail. - the spirit which gives life to legislative
enactment
Interpretation – art of finding the true sense and
meaning of the words used in law Legislative Purpose
- laws have ends to be achieved and statutes
Construction – drawing of conclusion respecting should be construed so as not to defeat but to
subjects that lie beyond the direct expression of the carry out such ends and purpose
text - reason why the legislature passed a particular
enactment

Legislative Meaning
- what the law, by its language means
- what it comprehends, what it covers or
embraces, what its limits or confines are
What Is The Scope Of The Application Of The Rules Of
Construction?
A statute is open to construction where the language is
ambiguous.
When Is A Statute Ambiguous?
A statute is ambiguous where some of the words used
therein may refer to several objects and the manner
they used does not disclose the particular object to
which the words refer.
- When we talk of ambiguity, doubtfulness,
doubleness of meaning, indistinctness, or
uncertainty of meaning of the expression used
in a written
- When a statute will agree two or more
construction, refer to rules of construction
- When it is of such doubtful or obscure meaning
that reasonable minds might be uncertain or
disagree as to its meaning
If any one of these instances are present, rules of
construction will apply.
Every statute must receive a construction which will
harmonize with the preexisting body of laws.
- When a statute is enacted, there is a
presumption that all laws are interrelated with
each other
SUBJECTS OF CONSTRUCTION
- Subjects that we have to construe in order to
know and apply the particular statutes in a set
of facts
A. Constitution
- body of rules and maxims in accordance with
which the powers of sovereignty are habitually
exercised
- the basic fundamental law of the land over
which all laws must conform.
- a written instrument by which the fundamental
powers of the government are established,
limited and defined, and by which those powers
are distributed among the several departments
for their safe and useful exercise for the benefit
of the body politic.
- Basic all terms are general terms
Kinds/Forms of Constitution:
1. According to form:
a) Written – one whose provisions are embodied in one
document or set of documents
b) Unwritten – one whose provisions have not been
integrated into a single, concrete form but are scattered
in various sources
2. According to process of creation:
a) Cumulative or evolved – result of political evolution,
common laws, judicial decisions, etc.
b) Conventional or enacted – incorporated either by
constitutional convention or by act of a ruler
3. According to manner of amending:
a) Rigid – one which is over and above ordinary laws
and may be amended only by a formal and usually
difficult process
b) Flexible – one that can be changed by ordinary
legislation
- one which has no more legal force, may be amended
anytime through legislative proceedings
*The Philippine Constitution is a written, conventional
and rigid constitution.
3 Common Parts:
a) Constitution of liberty – series of proscriptions
setting forth the fundamental civil and political
rights of the citizens and imposing limitations on
the powers of government as a means of
securing the enjoyment of those rights. (Ex.
Article III)
b) Constitution of the government – series of
provisions outlining the organization of the
government, enumerating its powers, laying
down certain rules relative to its administration
and defining the electorate.
- Provisions that sets up the governmental favor
- Executive, legislative, judiciary, special
constitutional bodies COA, civil service
commission
- (ex. Art VI, VII, VIII and IX)
c) Constitution of sovereignty – provisions pointing 8. Constitution to be construed as a whole – no one
out the mode or procedure in accordance with provision of the Constitution is to be separated from all
which formal changes in the fundamental law the others, to be considered alone, but that all the
may be brought about. provisions bearing upon a particular subject are to be
brought into view and to be so interpreted as to
Rules of Constitutional Construction effectuate the great purposes of the instrument.
1. Effectuation of the intent of the framers – effect 9. Every part of the Constitution should be given
must be given to the intent of the framers of the effect – to harmonize the alleged conflicting provisions;
organic law and of the people adopting it. interrelated; consistent with one another
2. Uniformity and stability of construction – 10. The ordinary meaning of the words used in the
constitutions should receive consistent and uniform Constitution should be given their ordinary meaning
interpretation in a given sets of facts, so that they shall 11. Implications whatever is necessary.
not be taken to mean one thing at one time and
another at a different time. CONSTITUTION STATUTE
3. Rule on Flexibility – a constitution usually announces Primary Law Secondary Law
certain basic principles to serve as the perpetual Expression of Enactments and rules for
foundation of the state; it should be interpreted by the sovereignty* the government of civil
spirit which vivifies and not by the letter which killeth; in relation to the conduct promulgated
the courts are not inclined to adopt such technical end structure of government, by the legislative
in extent and distribution of authority of the state
powers, the modes and
construction as will unduly impair the efficiency of the
principles of its operation
legislature to make responsibilities by occasional
and the apparatus of
changing conditions of society checks and balances
- Courts are not incline to adopt such a technical proper to ensure the
or strain construction integrity and continued
- Even if the constitution is 1987, it is still existence
applicable up to the present
4. Rule on Liberality – constitution is not to be sovereignty - people
interpreted on narrow or technical principles, but Permanent in Character; Tentative; can be
liberally and on broad general line, or in order that it people ratify or adopt revoked, amended,
may accomplish the objects of its establishment and the enacted because of
carry out the great principles of government; Constitution changing situations
constitution is intended to be effective over a longer Lays down the general Sets in details its
period of time and its method of revision or principles and foundation purpose or subject
of the government matter of which it treats
amendment is more difficult/ cumbersome than a
legislative process.
Adoption is constitution while enactment in statute
5. Rule on Practicability – established practical
construction or a constitutional provision should not be
Statute – written will of the legislature solemnly
disregarded unless such gives clear and definite
expressed according to the forms necessary to
support.
constitute a lawful order
6. Mandatory Nature of Provisions – use of “shall”
Legislative – enact laws
or “must” like in the Bill of Rights of the 1987
Executive – implement laws
Constitution.
Judiciary – interpret laws
- Should be applied strictly; noncompliance of it
is considered null and void
Parts of a Statute
7. The purpose to be given effect – a constitutional
a) Number of the Act
provision should be construed as to give it an effective
- the lower the number, the older the law is
operation and suppress the mischief which it is aimed
- ex. RA 386 (New Civil Code), Act No. 3815 (RPC)
and the spirit of the provision shall prevail.
b) Subject and Title
-announces the subject of the bill
- to give general statement and to call attention to the
subject matter of an act
- constitutional basis
Article VI Sec. 26 (1) of the 1987 Constitution
provides:
“Every bill passed by Congress shall embrace
only one subject which shall be expressed in
the title thereof.”
Purposes of Requirement:
1. to prevent hodge-podge or log-rolling
legislation
a. to understand what the bill is about,
there must be only one subject
2. to prevent surprise or fraud upon the
legislature by means of provisions in bills of
which the titles gave no intimation, and which
might therefore be overlooked and carelessly
and unintentionally adopted
3. to fairly apprise the people, through such
publication of legislative proceedings as is
usually made, of the subjects of legislation that
are being considered in order that they may
have opportunity of being heard thereon, by
petition or otherwise, if they shall desire.
4. to guide in ascertaining the legislative intent
when the language of the act does not clearly
express its purpose.
c) Preamble
- an introductory clause at the beginning of a
Statute
-sets forth the reasons for its enactment and
the object sought to be accomplished
-explains the reason for enactment
d) Enacting Clause
- one short paragraph that identifies the bill as an act of
legislation
e) Body of the Statute
- principal part of the bill embodying that substance of
the right or remedy provided for
- divided into sections, articles, chapters
f) Date of Enactment
- portion which provides when the legislature enacted
or approved the bill
g) Date of Effectivity
- when the law takes effects
- Article 2 of the Civil Code provides:
“Laws shall take effect after fifteen days following the
completion of publication either in the Official Gazette,
or in a newspaper of general circulation in the
Philippines, unless it is otherwise provided.”
Process in the Enactment of the Law
Article VI, Sec. 26 (2) of the 1987 Constitution:
“No bill passed by either House shall become a law
unless it has passed three readings on separate
days, and printed copies thereof in its final form
have been distributed to its Members three days
before its passage, except when the President
certifies to the necessity of its immediate
enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the yeas and
nays entered in the Journal.”
Reasons for 3 Readings before Passage of the Bill into
Law
a) to prevent tasting and improvident legislation
b) to compel the careful examination of proposed
laws or at least the affording of opportunity for
that purpose
How are laws enacted?
Article VI, Sec. 27 (1) of the 1987 Constitution:
“Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he
approves the same he shall sign it; otherwise, he
shall veto it and return the same with his objections
to the House where it originated, which shall enter
the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-
thirds of all the Members of such House shall agree
to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-
thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be
entered in its Journal. The President shall
communicate his veto of any bill to the House
where it originated within thirty days after the date
of receipt thereof, otherwise, it shall become a law
as if he had signed it.”

Kinds of Statutes
a) Public Act/Statute
- universal rule that regards the whole community
- usually general in its character and operation, and
equally applicable in all parts of a statute
b) Private Act/Statute
- relates to, concerns, and affects a particular individual
3 Kinds of Public Act
a) General Law/Statute
- one which applies to the whole state and operates
throughout the state, alike upon all the people or all of
a class
E.g. RPC, Civil Code
b) Special Law/Statute
- one which applies to an individual, association or
corporation
- relates to a particular person or things of a class
E.g. Bangko Sentral acts
c) Local Law/Statute
- one which is primarily directed only to a specific spot
-confined in its operation to the property and persons
of a limited portion of the territory of the state, a part
of its people, or a portion of the property of its citizens
e.g. act of the creating davao as a city
Divisions and Kinds of General Law/Statutes
a) Duration
1.) Permanent
- continues in force until duly altered or changed or
repealed by competent authority
2.) Temporary
- continues in force until the time of its limitation has
expired unless sooner repealed
b) Date of Taking Effect
1.) Prospective- looks forward
2.) Retroactive - looks backward
c) Nature of Operation
1.) Declaratory/Expository - passed for the purpose of
removing doubt or ambiguity as to the state of the law,
or to correct a construction deemed by the legislature
to
be erroneous
2.) Curative - cures errors and irregularities in judicial or
administrative proceedings and which is design to give
effect to contracts and to other transactions between
private parties
3.) Mandatory - commands and requires that certain
action shall be taken by those to whom the statute is
addressed without leading them any choice or
discretion of the matter; exact and literal compliance
with these terms or else the act will be considered void
4.) Directory - directs the manner in which certain
action shall be taken or certain official duties performed
5.) Permissive - authorizes or permits certain action to
be taken by those to whom it is addressed and whom it
concerns
6.) Preceptive - commands certain actions, and
regulates the forms and acts which ought to accompany
them
7.) Prohibitive - forbids all actions which disturb the
public and injure the rights of others
8.) Remedial - supplies defects and abridges
superfluities in the former law either by enlarging or
restraining such former law
Eg. PD 603 – remedy the rights of child
9.) Penal - imposes penalty for transgressing its
provisions
10.) Repealing - abrogates an existing statute
11.) Amendatory - changes or modifies a statute
originally enacted
d) Form
1) Affirmative - enacted in affirmative terms
2) Negative - expressed in negative terms
3) Compiled/Revised - collection of the statutes existing
and in force in a given state all laws and parts of laws
related to each other
4) Code/Codified - reenactment of the whole
body of the positive law
e) Origin or Source
1) Adopted - taken wholly or in part, from another
state, and enacted as a law of the state adopting it.
2) Reenacted - passed by the same legislative
body, in the same terms, or in substantially
the same language, and for the same
purpose and object, as the former statute.
Amendment of Statutes
-addition or change within the lines of the original
instrument as will effect an improvement, or better
carry out the purpose for which it was framed
- art 2 civil code
- art 2 was amended by executive order
Effects of Amendment
a) Amendment produces one law, namely the
statute as it existed before the amendment
remains in force.
b) If amendment is invalid, the original statute as
it existed before the amendment remains in
force.
c) If the amendment statute is invalid, it is not
validated by amendment unless obnoxious
feature removable by amendment.
Repeal of Statutes
a) Unless prevented by a superior authority, the
law-making power of any government has
plenary power to enact or repeal laws.
b) A law which partakes of the nature of contract
is irrepealable.
c) Laws are repealed only by other subsequent
laws.
Kinds of Repeal
a) Express Repeal - literally declared by a new law
b) Implied Repeal - takes place when a new law
contains provisions contrary to those of a former law,
without expressly repealing them
Leges posteriores priores contrarias agrobant (Later
enactments repeal prior ones which are repugnant
thereto.)
Law B repealed Law A. Then Law C repealed Law B.
What is the effect in Law A?
Effects of Repeal
a) If repeal is express, repealed law is not revived
unless expressly so provided.
b) If repeal is implied, repealed law is revived.
Exception:
The repeal does not have the effect in penal laws
thereafter depriving the courts of jurisdiction to
sentence the offenders of charging under the new law
Resolution – enactments of the legislature either to
express sentiments or opinions to carry out the internal
affairs of the legislative body or to make temporary laws
or procedures or constitutional amendments
Kinds of Resolution
a) Simple Resolution formalized motion passed by a
majority of a single legislative chamber
- uses of simple resolution:
1. create special committees
2. express recognition for meritorious services
3. extend sympathy on the death of a member
4. express opinions to another government
body
5. establish rules governing internal affairs
b) Concurrent Resolution
- refers to a simple resolution passed by both
chambers of the legislature
- reflects the opinion of the entire legislative body
c) Joint Resolution
- similar to a statute
- has to undergo the same process as a bill
towards its enactment to both chambers
Ordinance – an act passed by a municipal council in the
exercise of its law-making authority
- ex. Smoking ban, Liquor ban
-municipal council has the power to pass the ordinance
that can be implemented within the territory
Tests of a Valid Ordinance
a) It must not contravene the Constitution or any
statute
b) It must not be unfair or oppressive.
c) It must not be partial or discriminatory
d) It must not prohibit but may regulate trade
a. liquor ban does prohibit alcohol but
only has limited hours
e) It must be general and consistent with public
policy
f) It must not be unreasonable
*-ordinance is for municipality/city level
-board resolution is on a provincial level
-law or statute is for the general public
Presidential Issuances
- what the president issues in the exercise of his
ordinary power
- include executive orders, administrative orders,
proclamations, memorative orders, memorative
circulars, general or specific orders
Definition:
a) Executive Orders
- acts of the president providing for rules of general or
permanent character in the implementation or
execution of constitutional or statutory powers
b) Administrative Orders
- acts of the president which relate to a particular
aspect of governmental operations in pursuance of his
duties as administrative head in the executive
department when he issues orders to some
administrative agencies
-issues an order as him being an administrative head
c) Proclamations
acts of the president fixing a date or declaring a statute
or condition of public moment or interest upon the
existence of which the operation of a distinct law or
regulation
e.g. national disaster, national emergency
d) Memorandum Orders
acts of the president on matters of administrative detail
for subordinate or temporary interest which only
concern a particular officer or office of the government
-concerns about certain government employee or a
particular office of the government
e) Memorandum Circulars
acts of the president on matters relating to internal
administration which the president desires to bring to
the attention of all the government for information and
compliance
f) General or Specific Orders
acts and commands of the president in his capacity as
commander-in-chief of the Armed Forces of the
Philippines

*subjects of construction is not limited but all

encompassing to all the laws
Principles are the same; difference is what is the law
and what are the facts

END OF FIRST EXAM COVERAGE


2ND EXAMINATION COVERAGE
Rules of Construction
1. Cardinal Rules
2. Particular Rules
3. Construction of words and phrases
LESSON 1
CARDINAL RULES OF CONSTRUCTION
*No Facts, No interpretation
*To give effect to the intention of the people who
adopted it.
- there is no application of the law if there is no
facts
- whatever cases are immaterial, the essential is
what is the law, how is the law, and how is it
applied
- principle of checking the judicial interpretation
is the application of the law according to the
intent of the legislation
How Is Intention Sought?
1. By resort to the natural signification of the
words employed
- Words must be understood in the sense most
obvious to the common understanding at the
time of the adoption of the constitution.
- Technical & legal terms must be given their
technical & legal meaning. e.g. Medical Law =
medical meaning.
- Look at the very words of the statute
- Read the statute carefully to understand the
meaning
2. By Considering old law, mischief & remedy
- Article 2 of civil code where people where
getting arrested due to certain presidential
decrees that where unknown to the public
3. By looking to the existing condition and
history.
- visualize the condition at the time why was the
law enacted and where was the law enacted
4. By referring to debates or proceedings of the
legislature
- they are normally transcribed
- why not “may”? why “shall”?
- explain the intent of legislation in particular bills
- halls of congress
5. By the resort to other considerations
Ex. Civil Code borrowed from the Spanish Code
a) Borrowed provisions
Presumed to have the same meaning and construction
given to them
b) Contemporaneous Construction
The construction put upon the language or meaning of
constitution, at the time of its adoption, or shortly
thereafter, by members of the convention which
framed it or by other learned men who expressed their
opinions in that regard publicly, though not judicially.
Fundamental Principle: If universally adopted and
acquiesced in for a long period of time, is valuable aid in
determining meaning and intention in cases of doubt.
c) Practical Construction
The construction put upon it by the legislative body
which is charged with the making of the laws in
accordance to the constitution, or by the officers of the
executive department whose function is to put into
execution the constitution and the laws.
ABOITIZ SHIPPING CORPORATION VS. THE CITY OF
CEBU
(1965 )
FACTS: The City of Cebu passed an ordinance,
ordinance no. 207. It provided the collection of fees
from shipping concerns whose vessel docked at the
public wharfs or piers located in Cebu City but owned
by the national government. The Charter of Cebu City
sec. 17(w) provides fixed charges to be paid by all
watercraft landing and in using public wharfs, the City
imposes that they should pay. Shipping company
 refuses to pay because they already paid in the FACTORS FOR A STATUTE TO BE LIBERALLY OR
national government. Double taxation will result. STRICTLY
CONSTRUED
RULING: SC ruled that sec. 17 of the City’s charter 1. Former law of the matter
that 2. The persons or rights with which it deals
the city can build their own wharf*. Naturally they 3. The letter or language of the law
can
Noncompliance of the act is declared void
collect their own fees. Legislative intent must be
4. The purposes and objects of the statute
ascertained from a consideration of the statute as a
whole and not of an isolated part or a particular
provision alone. This is a cardinal rule of statutory
construction. For taken in the abstract, a word or e.g. penal laws are strictly construed to the favor of the
phrase might easily convey a meaning quite different accused
from the one actually intended and evident when the
word or phrase is considered with those with which it PEOPLE VS. PURISIMA
is associated. Thus an apparently general provision (86 SCRA 542)
may have a limited application if viewed together
with other provisions. FACTS: Purisima’s work is extracting juice from the
coconut tree (tuba). PD 9 which mandates the illegal
*Sec 17 (v) to provide for the construction and possession of deadly weapons. Upon going to the
maintenance and regulate the public use of landing, coconut field, peace officers arrested him in pursuant
places, wharfs to
PD 9.
RULING: SC ruled in order for a person to be
A statute must be read in whole and not in part. convicted
must be related to subversion, insurrection, rebellion,
organized lawlessness. Therefore Purisima cannot be
STRICT CONSTRUCTION LIBERAL CONSTRUCTION convicted.
An interpretation which Such equitable
refuses to expand the construction as will LAWS THAT CAN BE STRICTLY CONSTRUED
law enlarge 1) Naturalization Laws
by implication & the letter of a - right of a citizen in naturalization
equitable consideration statute to (1) accomplish - strictly construed against the applicant and rigidly
but confines to cases its intended purpose, (2) followed and enforced
which are within carry out its intent or (3) - statutory right than a natural right
the statute as within its promote justice 2) Statutes Prescribing the Formalities of Will
spirit or Reason not so as - Strictly construed, which means, wills must be
to resolve Expand the meaning of executed in accordance with the statutory
all reasonable doubts statute requirements, otherwise, it is entirely void
against the applicability
- The court is seeking to ascertain and apply the
of Give a fair or reasonable
intent of the legislators and not that of the
all statutes to the meaning
particular case. testator, and the latter’s intention is frequently
The words “may”, “or” defeated by the non-observance of what the
The word “shall” is are statute requires
commonly found. commonly found 3) Statutes conferring to the right of eminent domain/
strictly construed in expropriating authority
There is no room for beyond the literal - Power of eminent domain is essentially
other interpretation meaning legislative in nature
of the statute -May be delegated to the President, LGUs, or
public utility company
-Expropriation plus just compensation
- A derogation of private rights, thus strict
construction is applied
-Statutes expropriating or authorizing the
expropriation of property are strictly construed
against the expropriating authority and liberally
in favor of property owners
4) Legislative Grants
- Statutes granting advantages to private persons
or entities have in many instances created
special privileges or monopolies for the grantees
and have thus been viewed with suspicion and
strictly construed
-Privilegia recipient largam interpretationem
voluntati consonam concedentis – privileges are
to be interpreted in accordance with the will of
him who grants them
-And he who fails to strictly comply with the will
of the grantor loses such privileges
5) Tax Exemptions
-Law frowns against exemption from taxation
because taxes are the lifeblood of the nation
-Laws granting tax exemptions are thus
construed strictissimi juris against the taxpayer
and liberally in favor of the taxing authority
-Burden of proof – on the taxpayer claiming to be
exempted
-Basis for strict construction – to minimize the
different treatment and foster impartiality,
fairness, and equality of treatment among
taxpayers
-Tax exemptions are not favored in law, nor are
they presumed.
-cannot be taken by mere indication but must be
expressly provided by law
6) Statutes in Derogation of Common Rights
- Rights are not absolute, and the state, in the
exercise of police power, may enact legislations
curtailing or restricting their enjoyment
- As these statutes are in derogation of common
or general rights, they are generally strictly
construed and rigidly confined to cases clearly
within their scope and purpose
Examples:
o Statutes authorizing the expropriation of
private land or property
o Allowing the taking of deposition
Fixing the ceiling of the price of
commodities
o Limiting the exercise of proprietary
rights by individual citizens
o Suspending the period of prescription of
actions
- When 2 reasonably possible constructions, one
which would diminish or restrict fundamental
right of the people and the other if which would
not do so, the latter construction must be
adopted so as to allow full enjoyment of such
fundamental right
- Strictly construed in favor of the state
- Sovereignty may be upheld and not narrowed
or destroyed
8) Private Acts
- Strictly construed for corporations or particular
Persons
- terms and conditions must be strictly complied by the
corporation
-Example: granting of franchise
9) Penal Statutes
- Penal statutes are those that define crimes, treat
of their nature and provide for their punishment
- Acts of legislature which prohibit certain
acts and establish penalties for their
violation
- Penal statutes are strictly construed against the
State and liberally construed in favor of the
Accused
- Penal statutes cannot be enlarged or
extended by intendment, implication, or
any equitable consideration
- No person should be brought within its
terms if he is not clearly made so by the
statute
- No act should be pronounces criminal
which is not clearly made so
- Strict construction but not as to nullify or
destroy the obvious purpose of the legislature
- If penal statute is vague, it must be
construed with such strictness as to
carefully SAFEGUARD the RIGHTS of the
- established a certain rule of conformity with the
safety of mankind
Reason why penal statutes are strictly construed
- The law is tender in favor of the rights of the
individual;
 - The object is to establish a certain rule by
conformity to which mankind would be safe, and
the discretion of the court limited
- Purpose: NOT to enable a guilty person to
escape punishment through technicality but to
provide a precise definition of forbidden acts
Limitation of rule
1. Where a penal statute is capable of 2
interpretations, one which will operate to
exempt an accused from liability for violation
thereof and another which will give effect to the
manifest intent of the statute and promote its
object, the latter interpretation should be
adopted
2. Strict construction of penal laws applies only
where the law is ambiguous and there is doubt
as to its meaning
LIBERAL CONSTRUCTION/ EXTENSIVE INTERPRETATION
The words shall receive Fair & reasonable interpretation
to attain the intent/ spirit & purpose of the law.
- Read the provision carefully
A.) General Welfare Legislation
- To implement the social justice and protection-to-
labor provisions of the Constitution
- Construed liberally
- Resolve any doubt in favor of the persons
whom
the law intended to benefit
1) Labor Laws
- the workingman’s welfare should be the
primordial and paramount consideration
- Article 4 New Labor Code – “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”
- Liberal construction applies only if statute is
vague, otherwise, apply the law as it is
stated
2) Social Security Laws
- Revised Rules Of Procedure Section 2
Section 2. Technical Rules not Binding - These rules shall
be liberally construed to carry out the objectives of the
Social Security Act of 1997 and to assist the parties in
obtaining expeditious and inexpensive settlement or
resolution of any dispute arising under the said Act
3) Tenancy Acts
4) Agrarian Reform Laws
B.) Retirement Laws
- The retirement law aims to assist the retiree in
his old age, not to punish him for having
survived
SANTIAGO V. COA
The intention of liberal construction of retirement
laws is to provide for sustenance, and hopefully even
comfort when he no longer has the stamina to
continue earning his livelihood
He deserves the appreciation of a grateful
government
at best concretely expressed in a generous
retirement
gratuity commensurate with the value and length of
his service
C.) Corporation Laws
902-a as amended and other laws enforced by the sect
and under this rules shall be commenced in the main
office
D.) Redemption Laws
- remedial in nature – construed liberally to carry
out purpose, which is to enable the debtor to
have his property applied to pay as many
debtor’s liability as possible
E.) Revised Rules of Court (Sec 6 Rule1, ROC)
SECTION 6. Construction. — These Rules shall be
liberally construed in order to promote their objective of
securing a just, speedy, and inexpensive disposition of
every action and proceeding. (2a)
- RC are procedural – to be construed liberally
- Purpose of RC – the proper and just
determination of a litigation
- Procedural laws are no other than
technicalities,
they are adopted not as ends in themselves but
as means conducive to the realization of the
administration of law and justice
- RC should not be interpreted to sacrifice
substantial rights at the expense of technicalities
KINDS OF STATUTE AS TO OPERATION
1) Prospective Interpretation purpose of avoiding an
- interpretation which limits the operation of no room for other absurd and unjust result.
a statute to such facts and causes arising meaning
from its enactment or effectivity
- one which holds the statute to its - Latin maxims
applicability to such facts or transactions - Because the roman law of construction is still
wholly completed before the date of its applicable in the present
enactment and restricts its operation to such facts and
causes as shall arise after is
passage LESSON 2:
- “hereafter”, “thereafter” PARTICULAR RULES OF CONSTRUCTION
- Succeeding acts after the effectivity of the
statute 3 BASIC RULES/METHODS OF INTERPRETATION:
1) Verba Legis
2) Retrospective Interpretation 2) Ratio Legis
- interpretation which holds a statute to be 3) Mens Legislatoris
applicable for governing construction or
state of facts wholly completed prior to its 1.VERBA LEGIS
enactment - considering the very words of the law itself
- holds the statute to be applicable to and - if the words are not ambiguous there is no room
determinative of a transaction or a state of for construction
facts wholly completed before its - not a rule of law but a rule of construction
enactment
- “heretofore”, “theretofore” Literal meaning or plain-meaning rule
GR: if statute is clear, plain and free from ambiguity, it
WHAT ARE LAWS THAT HAS RETROSPECTIVE IN must be given its literal meaning and applied without
APPLICATION? attempted interpretation
1. PENAL LAWS Article 22
- Favor the person guilty of crime and not a) DURA LEX, SED LEX
habitual Rule 5 Art 62 RPC - the law is hard but it is the law
2. CURATIVE STATUTES - the legislature must be presumed to know the
- Enacted to operate fast fact meaning of the words to have used the words
3. LEGAL PROVISIONS Persons and Family and to have expressed its intent by the use of
Relations such words.
- Art 4 NCC

*discussions vary on the fact and the interpretation of

the law
*interpretation of the law is not the law but merely
application of it based on the facts

Literal Construction Artificial Construction

/Strained
When the words of a The process whereby the
statute are clear and words of a statute are
unambiguous, they must arrested from their plain
be held to mean what and obvious meaning and
they literally or plainly make to bear an entirely
express different meaning for the