VERBA LEGIS AND RATIO LEGIS; MEANING AND INTENT

Construction- the art or process of discovering or expounding the meaning and intention of the authors
of the law with respect to the application to a given case, where that intention is rendered doubtful,
amongst others, by reason of the fact that the given case is not explicitly provided for on the law.

- Is to find both meaning and intent.

The Supreme court has consistently relied on two conceptual references in determining the meaning of
the law and legislative intent.

-Verba Legis Rule

- Ratio Legis Rule

Verba Legis Rule; Letter of the Law- the plain meaning rule

If the statute is clear, plain and free from ambiguity, it must be given its literal meaning and
applied without interpretation.

Verba Legis non est recedendum or from the words of a statute there should be no departure.

This rule based on the legal maxim index animi sermo est, which means “ speech is the index of
intention”.

Ratio Legis Rule; Spirit of the Law

Ratio Legis est anima- the reason of the law is the soul of the law.

A statute must be read according to its spirit of intent, and what is within the spirit 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.

Statutes are to be construed in the light of purposes to be achieved and the evils sought to be remedied.

Framework

They should be viewed as complementary principles of construction that should be utilized in order to
determine the meaning and intent of a statutory provision.

Legislative Error; Enrolled Bill

The signing of a bill by the Speaker of the House and the Senate President and the certification of the
Secretaries of both House of Congress that it was passed is conclusive not only as to its provisions but
also as to its due enactment.

The rationale behind the enrolled bill doctrine is respect due to coequal and independent departments
requires the Judiciary to act upon the assurance, and to accept, as having passed Congress, all bills
authenticated in the manner stated; leaving the court to determine when the question properly arises,
as in the instant consolidated cases, whether the Act, so authenticated, is in conformity with the
Constitution.
PRINCIPLES OF CONSTRUCTION
1. Law construed as a Whole
2. Presumption of Justice
3. Construction Consistent with The Constitution
4. Construction to Render Provision Effective
Legislative Policies and Presumptions; Liberal and Strict Construction
Strict Construction- nothing should be included within its scope that does not come clearly within the
meaning of the language used. Its language must given its exact and technical meaning, with no
extension on account of implications or equitable considerations.
There is as close adherence to the literal or textual interpretation thereof, and requires that a case be
excluded from the operation of a statute unless its language includes it.
Liberal Construction – the meaning of the statute me be extended to matters which come within the
spirit or reason of the law or within the evils which the law seeks to suppress or correct, although of
course, the statute can under no circumstances be given a meaning inconsistent with, or contrary to the
language used by legislators.
The letter of the statute is enlarged or restrained to accomplish its intended purpose and it allows the
extension of the statute beyond the literal meaning of the words used in order to include cases within
the mischief that the statute seeks to address.

Statutes subject to liberal construction, are remedial statutes, statutes pertaining to remedies and
procedure, and curatives acts.

Penal Laws
It is a basic rule of statutory construction that penal statute are to be liberally construed in favor of the
accused. This means that every reasonable doubt must be resolved in favored of the accused.
Tax Laws
In fact, in case of doubt tax laws must be construed strictly against the government and in favor of the
taxpayer. However once it is established clearly, expressly, and unambiguously, the taxpayer is claiming
exemption therefrom, the burden shifts to the taxpayer to establish the basis for exemption.
As a rule, tax exemptions are construed strongly against the claimant.
Social Legislation
It provide that 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.
Rules of Court
The rules of court shall be liberally construed in order to promote their objective of securing a just,
speedy, and inexpensive disposition of every action and proceeding.
Adoption Laws
It is a settled rule that adaption statutes, being humane and salutary in nature, are to be liberally
construed on account of “ the beneficent purpose of adoption.”
Local Autonomy
A) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and
in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of
the lower local government unit.
B) In case of doubt, any tax ordinance or revenue measure shall be construed strictly against thr
local government unit enacting it, and liberally in favor of the taxpayer. Any tax exemption,
incentive or relief granted by any local government unit pursuant to the provisions of this code
shall be construed strictly against the person claiming it.
 C) The general welfare provision in this code shall be liberally interpreted to give more powers to
the local government units in accelerating economic development and upgrading the quality of
life for the people in the community.
Naturalization Laws
Naturalization laws are construed strictly and doubts thereof are resolved against the applicant. It should
be rigidly enforced and strictly construed in favor of the government.
Election Laws
Election contest must be construed liberally” to the end that the will of the people in the choice of public
officials may not be defeated by mere technical objections.
Prescriptive periods
Distinction between the principle of construction to be applied for prescriptive periods for civil cases and
those for criminal cases.
Constitutional Construction
a)Framework
The Supreme Court adopted the basic principles of statutory construction in the interpretation
of the Constitution.
First, verbal egis, that is, wherever possible, the words used in the constitution must be given
their ordinary meaning except where technical terms are employed.
Second, where there is ambiguity, ration legis est anima. The words of the Constitution should
be interpreted in accordance with the intent of its framers.
David Decisions teaches the ff principles of Constitutional Contruction
1. Verba legis
2. Constitutionla provision must be read in realation to the entirety of the constitution
3. A)Jurisprudence that considered the exact same text; b) The evolution of the text in various
stutory enactments and its legal history
4. Constemporaneous construction must be resorted if multiple interpretation
5. Notwithstanding the requirement that one look into the Constitutional provisions
holistically, one must be careful from inferring meaning from the supposed intent of the
framers of the Constitution, as this is the weakest approach in Constitutional construction.
b) Self- Executing v. Non-self Executing Provisions
The general rule is that the provisions of the Constitution are intended to be self- executing.
(Oposa v. Factoran, et al.)
c) Administrative Construction
Known as doctrine of judicial respect for administrative construction.
The general rule is that the construction of ambiguous provisions of statutes by administrative
agencies tasked with implementing them is entitled to great weight and respect by the courts,
unless it is contrary to law or manifestly erroneous.
Court enumerated the ff: instances when the courts may set aside the actions of administrative
agencies:
a) Error in law
b) Abuse of power
c) Lack of jurisdiction
d) Grave abuse of discretion clearly conflicting with either the letter of the spirit of a legislative
enactment.
CONSTRUCTION OF WORDS AND PHRASES IN A STATUTE
A) Construction of Contents of a Statute; Words and Phrases; Punctuation
1. General Words Construed generally
General words in a statute are to be understood in general sense.
 The rule is” when the law should not distuinguish, we should not distuinguish”.
2. Provisos
The purpose of a proviso is to limit the application of the statute and it is contrary to the
nature of a proviso to enlarge the scope and operation of the law.
3. Ordinary words understood in ordinary sense; technical words in technical sense.
The General rule is that words of a statute must be taken in their” natural, plain and ordinary
signification in accordance with the common and approve usage of the language” and they
must given” their popularly accepted meaning.
Franchise are always interpreted strictly against the franchise holder, never liberally and
certainly not in a strained and exaggerated manner.
4. Generic words and progressive Construction
It must be remembered that the Revised Administrative Code is a general legislation, as
such, it must have been intended to meet not only the perculiar conditions obtaining at the
time of its enactment but also designed to comprehend those that may normally arise after
its approval.
Laws should be progressively construed, so that they may meet new conditions, so long as
they fall within the general purpose of the legislature.
5. Punctuation Marks
Are used stylistically rather than than to express a certain intent.
Semicolon- to indicate a separation in the relation of the thought, a degree greater than
that expressed by comma, and what follows the semicolon must have relation to the same
matter which preceds it.
6. Use of Specific Words
a. Use of the words “and”/”or”
“Or” denotes a disjuntive relationship
“and” implies conjuction, joiner and union
However, a more important rule of statutory construction dictates that laws should be
construed in a manner that avoids absurdity or unreasonableness
B) Mandatory and permissive Words; Shall/May
The general rule in construction is that the word “ shall” means that the requirement is
mandatory, while the use of the word “may” means that the provision is permissive.
This answer is impelled by the demands of statutory construction and the due process rationale
behind the publication requirement.
The reason is due process and the reality that the Official Gazette is not as widely read and
circulated as newspapers and is oftentimes delayed in its circulation, such that the notices
published therein may not reach the interested parties on time.
The difference between a mandatory and a directory provision is often determined on grounds
of expediency, the reason being that less injury results to the general public by disregarding than
by enforcing the letter of the law.
C) Including/ Involving
The use of the word “ including” followed by an enumeration generally denotes that the
enumeration is not exclusive.
The Supreme Court held that the word” include” means “ to take part in or comprise as a part of
a whole”.
The word “ Involving” when understood in the sense of “including” as in including technical or
financial assistance, necessarily implies that there are activities other than those that are being
included.
 D) Affirmative and prohibitory Words
Negative words and phrases are to be regarded as mandatory while those in the affirmative are
merely directory.
E) Exceptions
When the statute itself enumerates the exceptions to the application of the general rule, the
exceptions are strictly but reasonably construed.
F) Periods
Years- 365 days
Month- 30 days
Days 24 hours
Nights- from sunset to sunrise

In computing period, the first day shall be excluded, and the last day included.
G) Plural Words; Singular Words
A provision of a statute that applies to persons or things in plural form may also be applied to
the same person or thing in singular form.
ASSOCIATION AND RELATIONSHIP OF WORDS, PHRASES AND PROVISIONS

1. Noscitur a Sociis
Known as the doctrine of associated words,a doctrine or rule of construction which provides that
the meaning of an unclear or ambiguous word, should be determined by considering the words
with which its is associated in the context.
2. Ejusdem Generis
Means of the same kind, class or nature or of the same kind or specie.
The doctrine is an attempt to reconcile an incompatibility between specific and general words so
that all words in the statute and other legal instruments can be given legal effect, all parts of a
statute can be construed together and no words will be superfluous.
The purpose of the rule on ejusdem generis is to give effect to both the particular and general
words, by treating the particular words as indicating all that is embraced in said class, although
not specifically named by the particular words.
3. Express Mention and Implied Exclusion
Expressio unius est exclusion alterius or express mention is implied exclusion.
Means that “ the express mention of one thing in a law, as a general rule, means the exclusion of
others not expressly mentioned. The purpose of this rule is to limit the coverage of a legal
provision to those expressly mentioned therein.
4. Necessary Implication
The doctrine of necessary implication seeks to expand the coverage or scope of the statute
beyond what is expressly stated for the purpose of making it effective.
5. Casus Omissus
As a corollary to the maxim expression unius est exclusion alterius, the maxim casus omissus pro
omisso habendus est means that “ a person, object or thing omitted from an enumeration must
be held to have been omitted intentionally.
6. Each to Each
The maxim reddendo singular singulis 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. It means that “ the words are to be applied to the subjects
that seem most appropriately related by context and applicability.
 7. Qualifying Terms; Last Antecedent
The doctrine of last antecedent refers to the maxim ad proximum antecedens fiat relation nisi
impediatur sentencia or relative words refer to the nearest antecedent, unless it be prevented by
the context. Under this principle, qualifying words restrict or modify only the words or phrases
to which they are immediately associated, and not those distantly or remotely located.
8. Context and related Clauses
The context of a provision, in light of the clauses in the same statute that is related to it, could
shed light in statutory interpretation. This is related to the general principle of construction that
a statute must be read as a whole and the provisions thereof must not be read in isolation.
It is a rule in statutory construction that every part of the statute must be interpreted with
reference to the context, i.e., that every part of the statute must be considered together with
the other parts, and kept subservient to the general intent of the whole enactment.

EXTRINSIC AIDS OF CONSTRUCTION

Extrinsic aids of construction generally refer to tools of interpretation outside the words used in
the statute.

1. Legislative deliberations
Legislative deliberations generally refer to the debates of the members of Congress, whether in a
committee, in a plenary session, or during a bicameral conference.
2. Legislative History
Legislative history refers to the historical background of the passage of the law, as shown by
legislative documents leading to the passage of a law, such as the drafts of bills, as well as
previous legislation covering the same or a similar subject matter.
3. Contemporaneous Circumstances
Contemporaneous circumstances refer to the environment existing at the time of passage of a
law. These circumstances include the history of the times existing when the law was enacted, the
previous state of the law. The evils intended to be corrected, and even, according to some cases,
the habits and activities of the people.
4. Legislative Practice; Reference to Other Statutes
5. Statutes borrowed from Foreign Jurisdictions
Where a statute of a foreign jurisdiction that received a settled judicial construction in such
foreign jurisdiction, is adopted in its entirety or partially in the Philippines, its is presumed that
the construction previously put upon such statute is likewise adopted, and should be interpreted
following such construction.
PREFERENCE
There are three major approaches in the construction of statutes:
a. Determination of meaning exclusively from the words used in the statute
b. Use of canon or rules of construction, as well as a resort to legislative policies or approaches
in the interpretation of the certain types of statutes and
c. Use of extrinsic aids, or materials which are found outside the four corners of the statute.

CONSTRUCTION OF CONFLICTING PROVISIONS

Statutes in Pari Materia
Statutes are in pari materia” when they relate to the same person or thing or to the same class of
persons or things, or object, or cover the same specific or particular subject matter.
The general rule in the construction of statutes in pari materia is that they should be read and construed
together to form a complete, coherent, and intelligible system.

RULES on RESOLVING STATUTES in Pari Materia

1. General Law v. Special Law
A general law is defined as a law that is unrestricted as to time, is applicable throughout the entire
country subject to the power of the legislature that enacted it, and applies to all persons in the same
class.
Special law is a law that applies to a particular place or especially to a particular member or members of
a class of persons or things in the same situation but not to be entire class. It refers to a law which
relates to particular persons or things of a class.
The general rule is that in the construction of a special law and a general law, the special law prevails
over the general law, as being an expression of legislative intent on a more specific matter.

2. Substantive Law versus Procedural Law

A substantive law is a law that “ creates, defines or regulates rights concerning life, liberty or property,
or the powers of agencies or instrumentalities for the administration of public affairs.
Procedural laws are “ provisions prescribing the method by which substantive rights may be enforced in
courts of justice.
3. Earlier Law versus Later Law; Amendment and Repeal
In the case involving two or more laws and the issue is which law is applicable, it is inevitable for one law
to be enacted earlier than the other law.
In the absence of an express provision stating that the latter law amends or repeals the earlier law, the
first step is to harmonize the two laws and see if each can be given effect in their entirety. If the laws
cannot be reconciled, then the various special rules of interpreting statutes in pari materia should be
considered. If these special rules do not apply, then one may consider the later law as amending or
impliedly repealing the earlier law.
The determination of wether a later statute repeals an earlier statute involves the determination of
legislative intent.
Repeals by implication, the latter enactment thus affecting preexisting law must be sugjected to close
scrutiny in light of its own provisions and those of the law apparently abrogated in the whole or in part.
Two kinds of implied repeals:
1. Repeals by irreconcilable inconsistency – must be more than a mere difference in their terms and
provisions, that they cannot be reconciled and made stand together.
2. Repeals by substitution- the mere fact that a later enactment may relate to the same subject
matter as the earlier statute does not by itself mean that there is implied repeal by substitution
Repeal by implication are not favored.

PROSPECTIVITY AND RETROACTIVITY

Prospectivity of Laws- As a general rule, statutes are applied prospectively.
Article 4 of the Civil Code provides that laws shall have no retroactive effect, unless the contrary
is provided.

Retroactivity of statutes- The retroactive effect of a law can either be provided expressly in the statute
itself or necessarily implied from the language used in the statute.
In the absence of an express provision providing for retroactive application of statutes, the legislative
intent to give a statute retroactive effect must be “clearly and necessarily implied from the language of
the enactment.

1. Procedural rules- are provisions prescribing the method by which substantive rights may be
enforced in courts of justice.
2. Police Power - Issues relating to the retroactivity of laws passed in the exercise by the
state’s police power usually revolve around the non-impairment clause of the Constitution.
3. Curative Laws- Curative statutes are enacted in order to cure defects in a previous law or to
validates legal proceedings, instruments, or acts of public authorities which would otherwise
be invalid for non compliance with existing legal requirements.
4. Penal Laws- may be applied retroactively if the ff conditions are present:
a. The penal law is favorable to the accused, and
b. The accused is not a habitual delinquent
Prospectivity and Retroactivity of Judicial Decisions
The Civil code provides that judicial decisions applying or interpreting the laws or the
Constitution form part of the legal system of the Philippines.
This rule, however, is not applicable if the retroactive application of the Supreme Court’s
interpretation will work injustice against a person.