STATURORY CONSTRUCTION

PRESUMPTION IN AID
OF CONSTRUCTION
AND
INTERPRETATIONS OF
PRESUMPTIONS
9th Week - Reporting and Discussion

PRESENTED BY

Cielo, Mabeliene - Romero, Sharmaine - Macarate, Melanie

GROUP 4
TOPICS: 1 Intrinsic Aids in Construction and Interpretation

2 Extrinsic Aids in Construction and Interpretation

3
Strict and Liberal Construction and Interpretation
of Statutes

4
Floresca v. Philes Mining, G.R No. L-30642,
April 30, 1985

5
Republic Vs. CA and Molina, G.R. No. 108763,
Feb. 13, 1997
 STATURORY CONSTRUCTION

INTRINSIC AIDS IN
CONSTRUCTION
AND
INTERPRETATION

REPORTER:

Topic • Cielo, Mabeliene 1

 INTRINSIC
• – internal or within

‘AID’
• - is a device that helps or assists.

INTRINSIC AID
• - those aids within the statute.
2
*INTRINSIC AIDS
are resorted to only if there is ambiguity.

Where the meaning of a statute

is ambiguous, the court may
avail itself of all legitimate aids
•GENERALLY:
to construction in order that it
can ascertain the true intent of
the statue.

3

– the title of the law is a
valuable intrinsic aid in
determining the legislative
intent.
•TITLE
-it carries weight because of the
Constitutional requirement that
“every bill must embrace only
one subject which shall be
expressed in the title thereof.”
4
 •PREAMBLE
• That part of the statute • Although not essential part of
written immediately after the statute, it is important if
its title which state the there is ambiguity in the
purpose, reason, or meaning since it states the
jurisdiction for the purpose, reason or
enactment of the law. justification for the enactment
of the law.

5
 •CONTEXT OF THE WHOLE TEXT
Best source from which to ascertain in the legislative intent is the
statute itself, the words, phrases, sentences, section, clauses provisions,
taken as a whole and in a while relation to one another.

•PUNCTUATION MARK
- It is the rule of legal hermeneutics that punctuation marks are aids of low
degree and can never control against the intelligible meaning of the written
words.

- It gives the statute a meaning which is reasonable and in accord with the
will of the legislative 6
• SEMI COLON ( ;)
indicates a separation in the relation of the thought, a degree greater than
that expressed by a comma. Semi Colon makes the division a little more
pronounced
• COMMA (,)
also separates the parts and sentences, but less pronounced than the semi
colon.
• PERIOD (.)
used to indicate the end of a sentence

It used to organize writing into clauses, phrases, and sentences

and in this way make its meaning clear. 7
 •CAPITALIZATION OF LETTERS
Also an aid of low degree in the construction of
statute. It almost have the same reason as that of
punctuation mark.

•LANGUAGE / LINGUAL TEXT

Philippine laws - (English, Spanish or Filipino, or either in two such
languages)
- The rule is that, unless otherwise provided, where a statute is officially
promulgated in English and Spanish, the English text shall govern, but
in case of ambiguity, omission or mistake, the Spanish may be consulted to
explain the English text. 8
• HEADNOTES OR EPIGRAPHS
- They are prefix to sections or chapters of a
statute for ready classification

- They are not part of a statute, but mere

catchwords of reference
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 STATURORY CONSTRUCTION

EXTRINSIC AIDS IN
CONSTRUCTION
AND
INTERPRETATION

REPORTER:

Topic Romero, Sharmaine

EXTRINSIC
• -not part of the essential nature of someone
or something
‘AID’
• -“help” or “assist”

EXTRINSIC AIDS
• -existing aids from outside source
10
10
EXTRINSIC AIDS
are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity
in the statute.
EXTRINSIC AIDS RESORTED TO BY THE COURT
ARE;
• History of the enactment of the statute
• Opinions and rulings of officials of the government called
upon to execute or implement administrative law
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• Contemporaneous construction by executive officer
• Actual proceedings of the legislative body
• Individual statements by members of congress
• And the Author of the law.
OTHER SOURCES OF EXTRINSIC AIDS CAN BE;
• The reports and recommendations of legislative
committees
• Public policy
• Judicial construction
• Construction by the bar 12
EXTRINSIC AIDS, WHERE FOUND.
• Extraneous facts and circumstances outside the printed
page of the statute
EXTRINSIC AIDS, ENUMERATED.
• History or realities existing at the time of the passage of
the law
• Legislative proceedings
• Changes in phraseology
• Prior laws and judicial decisions
13
• Contemporaneous and construction
• Consequences of alternative interpretations
• Objects
• Purpose
• Expediency
• Occasion and necessity
• Remedy provided
• Conditions of the country to be affected
• And other extrinsic matters
14
 EXTRINSIC AIDS TO CONSTITUTIONAL
CONSTRUCTION
• 1. History or realities existing at
the time of the adoption of the
Constitution
• 2. Proceedings of the
constitutional convention
• 3. Changes in phraseology
• 4. Prior laws and judicial
decisions
• 5. Construction of US
Constitutional provisions
• 6. Contemporaneous construction
and writings
• 7. Consequences of alternative
construction
• 8. Construction given by executive
officers
15
Illustrative Case: (History or realities)
In re Bermudez, 145 SCRA 116, 162 (1986)
Facts:
In a petition for declaratory relief with no respondents, petitioner asked
the court if the provision of the Section 5 Article XVIII of the 1986
Constitution, to wit: “The six-year term of the incumbent President and
Vice-President elected in the February 7, 1986 election is, for purposes of
synchronization of elections, hereby extended to noon of June 30, 1992,”
refers to the then-incumbent President Corazon Aquino and Vice-
President Salvador Laurel or the previously-elected President Ferdinand
E. Marcos and Vice-President Arturo M. Tolentino.

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Illustrative Case: (History or realities
In re Bermudez, 145 SCRA 116, 162 (1986)
Facts:

After the election of February 7, 1986 where Marcos and Tolentino were
declared the winners, Aquino and Laurel were installed into the position
last February 25, 1986 after the infamous People Power Revolution. The
next regular election for the President and Vice-President was held last
May 2, 1992.

17
Can we resort to proceedings
right away?

• No, resort to proceedings

may only be had if other
extrinsic aid fail.

18
It is a well-accepted principle that where a statute is
ambiguous, courts may examine both the printed pages of
the published Act as well as those extrinsic matters that
may aid in construing the meaning of the statute, such as
the history of its enactment, the reasons of the passage of
the bill and purposes to be accomplished by the measure

19
Individual statements by members
of Congress on the floor do not
necessarily reflect legislative intent

20
The best interpreter of the law or
any of its provisions is the author
of the law.

21
 STATURORY CONSTRUCTION

STRICT AND
LIBERAL
CONSTRUCTION
AND
INTERPRETATION
OF STATUTES
REPORTER:

Topic Macarate, Melanie

STRICT CONSTRUCTION
- is that construction according to the
letter of a statute which recognizes
nothing that is not expressed, takes
the language used in its exact
meaning, and admits no equitable
consideration.

22
STRICT CONSTRUCTION
rule of strict construction is not
applicable where the meaning of the
statute is certain and
unambiguous, for under these
circumstances, there is no need for
construction.

23
LIBERAL CONSTRUCTION
- Equitable construction as will enlarge
the letter of a statute to accomplish the.
intended purpose, carry out its intent, or
promote social justice.

24
LIBERAL CONSTRUCTION
The meaning of the statute may 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.

25
Liberal interpretation or construction
of the law or rules, however, applies
only in proper cases
and under justifiable causes and
circumstances.

26
 PENAL STATUTES
Penal laws are to be construed strictly against
the state and in favor of the accused. Hence, in
the interpretation of a penal statute, the
tendency is to subject it to careful scrutiny and
to construe it with such strictness as to
safeguard the right of the accused.

27
If the statute is ambiguous and admits
of two reasonable but contradictory
constructions, that which operates in
favor of a party accused under its
provisions is to be preferred.

28
 TAX LAWS
Taxation is a destructive power which
interferes with the personal and
property rights of the people and takes
from them a portion of their property
for the support of the government.

39
 Accordingly, in case of doubt, tax statutes
must be construed strictly against the
government and liberally in favor of the
taxpayer, for taxes, being burdens, are not to
be presumed beyond what the applicable
statute expressly and clearly declares.

30
Any claim for exemption from a
tax statute is strictly construed
against the taxpayer and liberally
in favor of the state.

31
NATURALIZATION LAW
Naturalization laws should be
rigidly enforced and strictly
construed in favor of the
government and against the
applicant.
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INSURANCE LAW
Contracts of Insurance are to be
construed liberally in favor of the
insured and strictly against the insurer.
Thus, ambiguity in the words of an
insurance contract should be interpreted
in favor of its beneficiary.

33
LABOR AND SOCIAL LEGISLATIONS
Doubts in the interpretation of Workmen’s
Compensation and Labor Code should be
resolved in favor of the worker. It should be
liberally construed to attain their laudable
objective, i.e., to give relief to the workman
and/or his dependents in the event that the former
should die or sustain in an injury.

34
The sympathy of the law on social
security is towards its beneficiaries
and the law by its own terms,
requires a construction of utmost
liberality in their favor.

35
RETIREMENT LAWS
Retirement laws are liberally interpreted in
favor of the retiree because the intention is
to provide for the retiree’s sustenance and
comfort, when he is no longer capable of
earning his livelihood.

36
ELECTION RULES
Statute providing for election contests are
to be liberally construed to the end that the
will of the people in the choice of public
officer may not be defeated by mere
technical objections.

37
RULES OF COURT
Rule 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.

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 ILLUSTRATIVE CASE: Floresca v. Philex Mining CorporationG.R. No. L-
FACTS: 30642 | April 30, 1985

In this case, the petitioners are the heirs of individuals who were employed by Philex Mining Corporation
(Philex). These employees, while participating in Pilex’s underground copper mining operations at Tuba, Benguet,
lost their lives on June 28, 1967. The incident occurred due to a cave-in within the mine's tunnels that was allegedly
due to Philex’s failure to implement the necessary safety precautions to safeguard the lives of its employees
working in subterranean conditions. The petitioners filed a complaint asserting that Philex failed to provide its
men working underground the necessary security for the protection of their lives.On 14 May 1968, Philex filed a
motion to dismiss the case. They argued that the causes of action of the petitioners were based on an industrial
accident covered by the provisions of the Workmen’s Compensation Act (WMC). Philex claimed that the former
Court of First Instance has no jurisdiction over the case.From June to December 1968, respondent Judge
dismissed the case on the ground that it falls within the exclusive jurisdiction of WMC.
This petition is a request to review the order of the former Court of First Instance of Manila, Branch XIII, dated 16
December 1968, which dismissed the complaint for damages on the ground of lack of jurisdiction.

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ISSUE/S:
• Whether the lower court has jurisdiction over the
cause of action since the complaint is based on the
provisions of the Civil Code on damages; and,
• Whether the petitioners have a right of selection or
choice of action between availing themselves of the
worker’s right under the Workmen’s Compensation
Act and suing in the regular courts under the Civil
Code for higher damages.

40
 RULING:
• The lower court had jurisdiction to try the case.

The court noted that the petitioners are not invoking the provisions of the
Workmen’s Compensation Act. Instead, the complaint filed by the petitioners was a
complaint for damages (actual, exemplary, and moral) pursuant to the provisions of
the Civil Code. Since Philex and the deceased employees entered into a contractual
relationship, the alleged gross and reckless negligence, and the deliberate failure
that amount to bad faith on the part of Philex, already constitutes a breach of
contract for which it may be held liable for damages

41
 • The petitioners’ filing for remedy with the Workmen’s Compensation Act was an
uninformed decision and invalid.

The court held that even though some of the petitioners had already received benefits under the
Workmen's Compensation Act, this should not necessarily prevent them from initiating legal
action in the regular court.By way of review, the Workmen’s Compensation Act compensates for
injuries or death without considering employer negligence. On the other hand, seeking damages
under the Civil Code is about holding an employer responsible for reckless negligence causing
death.Following this, the court determined that the petitioners’ initial choice of pursuing the
benefits under the Workmen’s Compensation Act was made due to ignorance or mistake of fact.
Had the petitioners known about Philex's violation of government regulations and negligence, they
would not have pursued compensation from the Workmen's Compensation Commission, which
granted a lower amount. As such, the petitioners’ choice was rendered void since it was not an
informed decision.

42
 The case was remanded to the lower
court for further proceedings. The court
added that, in the event that the
petitioners succeed in their claim in the
lower court, the payments received
under the Workmen's Compensation Act
should be subtracted from any awarded
damages

43
 ILLUSTRATIVE CASE:
Republic vs. CA and Molina GR. No 108763, Feb.13, 1997
FACTS:
This case was commenced on August 16, 1990 with the filing by respondent Roridel O. Molina of a
verified petition for declaration of nullity of her marriage to Reynaldo Molina.

The petition alleged that Roridel and Reynaldo were married on April 14, 1985... that a son, Andre O.
Molina was born... that after a year of marriage, Reynaldo showed signs of "immaturity and
irresponsibility" as a husband and a father since he preferred to spend more time with his peers and
friends... that he depended on his parents for aid and assistance, and was never honest with his wife in
regard to their finances, resulting in frequent quarrels between them... that sometime in February 1986,
Reynaldo was relieved of his job in Manila, and since... then Roridel had been the sole breadwinner of the
family... that in October 1986 the couple had a very intense quarrel, as a result of which their relationship
was estranged; that in March 1987, Roridel resigned from her job in Manila and went to live with her
parents in Baguio City...
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 ILLUSTRATIVE CASE:
Republic vs. CA and Molina GR. No 108763, Feb.13, 1997

FACTS:
that a few weeks later, Reynaldo left Roridel and their child, and had since then abandoned them... that Reynaldo
had thus shown that he was psychologically incapable of complying with essential marital obligations and was a
highly immature and habitually quarrelsome... individual who thought of himself as a king to be served... that it
would be to the couple's best interest to have their marriage declared null and void in order to free them from
what appeared to be an incompatible marriage from the start.

Reynaldo admitted that he and Roridel could no longer live together as husband and wife
Evidence for herein respondent wife consisted of her own testimony and that of her friends Rosemarie Ventura
and Maria Leonora Padilla as well as of Ruth G. Lalas, a social worker, and of Dr. Teresita Hidalgo-Sison, a
psychiatrist of the Baguio General Hospital and Medical
Center.
Reynaldo did not present any evidence as he appeared only during the pre-trial conference.

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ISSUE/S:

• the Court of Appeals made an erroneous and

incorrect interpretation of the phrase
'psychological incapacity' (as provided under
Art. 36 of the Family Code) and made an
incorrect application thereof to the facts of the
case.

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 RULING:
• psychological incapacity should refer to no less than a mental (not
physical) incapacity x x x and that (t)here is hardly any doubt that the
intendment... of the law has been to confine the meaning of
'psychological incapacity' to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or inability to
give meaning and significance to the marriage. This psychologic
condition must exist at the... time the marriage is celebrated.

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On the other hand, in the present case, there is no clear showing to us
that the psychological defect spoken of is an incapacity. It appears to us
to be more of a "difficulty," if not outright "refusal" or "neglect" in the
performance of some marital obligations. Mere showing of
"irreconcilable differences" and "conflicting personalities" in no wise
constitutes psychological incapacity. It is not enough to prove that the
parties failed to meet their responsibilities and duties as married
persons; it is essential that they must be shown to be incapable... of
doing so, due to some psychological (not physical) illness.

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From their submissions and the Court's own deliberations, the following
guidelines in the interpretation and application of Art. 36 of the Family
Code are hereby handed down for the guidance of the bench and the bar:
(1) The burden of proof to show the nullity of the marriage belongs to
the plaintiff. Any doubt should be resolved in favor of the existence and
continuation of the marriage and against its dissolution and nullity
(2) The root cause of the psychological incapacity must be (a)
medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the decision.

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(6) The essential marital obligations must be those embraced by
Articles 68 up to 71 of the Family Code as regards the husband
and wife as well as Articles 220, 221 and 225 of the same Code in
regard to parents and their children
(7) Interpretations given by the National Appellate Matrimonial
Tribunal of the Catholic Church in the Philippines,...
(8) The trial court must order the prosecuting attorney or fiscal
and the Solicitor General to appear as counsel for the state.

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 WHEREFORE, the petition
is GRANTED. The assailed
Decision is REVERSED and
SET ASIDE. The marriage of
Roridel Olaviano to
Reynaldo Molina subsists
and remains valid.

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for
 Group 4
9th week reporters;

Mabeliene
Cielo
Melanie
Macarate
Sharmaine