PRESUMPTIONS IN AID OF CONSTRUCTION

AND INTERPRETATIONS OF PRESUMPTIONS

Group 4
CHERRYL LABADLABAD
CHRISTELLE ATILANO
IVY SOLMERON
 INTRINSIC AID IN CONSTRUCTION AND
INTERPRETATION
The term “Intrinsic” means internal or within.
- Those aids within the statute.
- are resorted to only if there is ambiguity.
 INTRINSIC AID IN CONSTRUCTION AND
INTERPRETATION
In resorting to intrinsic aids, one must go back
to the parts of the statute: the title, the preamble,
context or body, chapter, and section headings,
punctuation, and interpretation.
 INTRINSIC AID IN CONSTRUCTION AND
INTERPRETATION
If the language of the statute is clear and
unequivocal, there is no need to resort to
intrinsic aid.
 Extrinsic Aids in
Construction and
Interpretation
 Extrinsic Aids in Construction and Interpretation
- ARE EXISTING AIDS FROM OUTSIDE SOURCES,
MEANING OUTSIDE OF THE FOUR CORNERS OF THE
STATUTE. IF THERE IS ANY DOUBT AS TO THE
MEANING OF THE STATUTE, THE INTERPRETER MUST
FIND THAT OUT WITHIN THE STATUTE.
 Extrinsic Aids in Construction and Interpretation
- EXTRINSIC AIDS THEREFORE ARE
RESORTED TO AFTER EXHAUSTING ALL
THE AVAILABLE INTRINSIC AIDS AND
ASTILL THERE REMAIN SOME AMBIGUITY
IN THE STATUTE.
 Extrinsic Aids in Construction and Interpretation
- EXTRINSIC AIDS RESORTED TO BY THE COURTS
ARE
1. HISTORY OF THE ENACTMENT OF THE STATUTE;
2. OPINIONS AND RULINGS OF OFFICIALS OF THE
GOVERNMENT CALLED UPON TO EXECUTE OR
IMPLEMENT ADMINISTRATIVE LAWS;
Extrinsic Aids in Construction and Interpretation
3. CONTEMPORANEOUS CONSTRUCTION BY
EXECUTIVE OFFICERS;
4. ACTUAL PROCEEDINGS OF THE LEGISLATIVE
BODY;
5. INDIVIDUAL STATEMENTS BY MEMBERS OF
CONGRESS;
6. AND THE AUTHOR OF THE LAW.
 Extrinsic Aids in Construction and Interpretation
OTHER SOURCES OF EXTRINSIC AIDS CAN BE THE
REPORTS AND RECOMMENDATIONS OF
LEGISLATIVE COMMITTEES; PUBLIC POLICY;
JUDICIAL CONSTRUCTION; AND CONSTRUCTION BY
THE BAR.
Strict and Liberal Construction
and Interpretation of Statutes
Generally
Whether a statute is to be given a strict
or liberal construction depends upon:
- The nature of the statute
- The purpose to be subserved
- The mischief to be remedied
 Strict Construction
- 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
Strict Construction
- The 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.
 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.
 Liberal Construction
- When the statute is ambiguous and capable
of more than one construction, the literal
meaning of the words used may be rejected
if the result of adopting said meaning would
defeat the purpose of the law
Penal Statutes
- Penal Laws are to be construed
strictly against the state and in favor
of the accused.
Penal Statutes
- 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.
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.
Tax Laws
- 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.
Naturalization Law
- Naturalization laws should be rigidly
enforced and strictly construed in favor of
the government and against the applicant.
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.
Labor and Social Legislations
- Doubts in the interpretation of Workmen’s
Compensation and Labor Code should be
resolved in favor of the worker.
Labor and Social Legislations
- 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 an injury.
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.
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.
Rules of Court
- 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.
Floresca v. Philex Mining G.R.
No. L-30642, April 30, 1985
Facts:
Petitioners are the heirs of the deceased employees of Philex Mining Corporation
(PMC), who, while working at its copper mines underground at Tuba, Benguet, died as
a result of the cave-in that buried them in the tunnels of the mine. The complaint
alleges that Philex, in violation of government rules and regulations, negligently and
deliberately failed to take the required precautions for the protection of the lives of its
men working underground.

A motion to dismiss was filed by Philex alleging that the causes of action of petitioners
based on an industrial accident are covered by the provisions of the Worker’s
Compensation Act (Act 3428, as amended by RA 772) and that the CFI has no
jurisdiction over the case.
Facts:

Petitioners filed an opposition to the said motion to dismiss claiming that the causes of
action are not based on the provisions of the WCA but on the provisions of the Civil
Code allowing the award of actual, moral, and exemplary damages.

CFI dismissed the case on the ground that it falls within the exclusive jurisdiction of
the Worker’s Compensation Commission. Said commission has sole jurisdiction over
damage claims for work connected deaths, irrespective of whether or not the
employer was negligent. Hence, the petition with the Supreme Court.
Issue:

Whether the action of an injured employee or that of his heirs in case of death under
the Workmen’s Compensation Act is exclusive, selective, or cumulative, meaning,
whether they have a right of selection or choice of action between availing of the
worker’s right under the Workmen’s Compensation Act and suing in the regular courts
under the Civil Code for higher damages by virtue of negligence or fault.
Ruling:

In disposing of a similar issue, this Court in Pacana vs. Cebu Autobus Company, 32
SCRA 442, ruled that an injured worker has a choice of either to recover from the
employer the fixed amounts set by the Workmen's Compensation Act or to prosecute
an ordinary civil action against the tortfeasor for higher damages but he cannot pursue
both courses of action simultaneously.

The trial court's order of dismissal is hereby reversed and set aside and the case is
remanded to it for further proceedings. Should a greater amount of damages be
decreed in favor of herein petitioners, the payments already made to them pursuant to
the workmen's compensation act shall be deducted. No costs
Ruling:

The Court held that notwithstanding the provisions of the Workmen’s Compensation
Act, the heirs of the employees may still file an action for damages against Philex for
negligence under the Civil Code. This is because the rationale in awarding
compensation under the Workmen’s Compensation Act differs from that in giving
damages under the Civil Code.

The Court also justified that it is not legislating in its decision, and is merely
interpreting the Workmen’s Compensation Act in light of the constitutional policy on
protecting labor and Article 10 of the Civil Code which states that “in case of doubt in
the interpretation or application of laws it is presumed that the law making body
intended right and justice to prevail.”
In Application:

In this case, there is an applicability of the Intrinsic and extrinsic aids in construction
and interpretation.

Intrinsic aid is when the court examined the provision of Workmen’s Compensation
Act, specifically Sec. 5 and 46 pertaining to exclusive right to compensation and
jurisdiction

Extrinsic aid is when the court applies judicial decision of similar case which
establishes the contemporaneous legislative intent. These decisions, although in
themselves not laws, constitute evidence of what the laws mean.
 Republic vs. CA and Molina
G.R. No. 108763, Feb. 13, 1997
Facts:
Respondent Roridel Molina married Reynaldo Molina on April 14, 1985. After a year of
marriage, Reynaldo showed signs of “immaturity and irresponsibility” as a husband
and a father exhibited by his preference to spend time with friends, squandering
money, dependence on his parents and dishonesty involving finances. Inevitably, this
resulted in quarrels and by March 1987, Roridel quit her job and moved in with her
parents in Baguio. Reynaldo left her and their child a few weeks thereafter.

On Aug. 16, 1990, Roridel filed a verified petition for declaration of nullity of marriage
on the grounds of psychological incapacity of the husband. The trial court declared the
marriage void, which the CA affirmed in toto; hence, the petition for certiorari.
Issue:

Whether there is psychological incapacity.

Ruling:

No. The case of Roridel and Reynaldo merely constituted incompatibility among the
estranged spouses. The law intended to confine the meaning of psychological
incapacity only to the most serious cases of personality disorders that must have
existed at the time marriage is celebrated. Irreconcilable differences or conflicting
personalities are not incapacities that would hinder the fulfillment of the essential
marital obligations of the parties. The characteristics of gravity, judicial antecedence
and incurability are not present in the case.
Ruling:
Due to the improper interpretations and applications arrived at by the lower courts on
this particular issue, the SC found it wise to construe the law and lay down guidelines
in interpretation and application of Art. 36. Here, the SC sought the help of two amici
curiae – considered an external aid in statutory construction. The guidelines set forth
are thus:

(1) the burden of proof belongs to the plaintiff;

(2) the root cause of psychological incapacity must be medically or clinically identified,
alleged in the complaint, sufficiently proven by expert, and clearly explained in the
decision;
(3) the incapacity must be proven to be existing at the time of the celebration of
marriage;
Ruling:
(4) the incapacity must be medically or clinically permanent or incurable;
(5) such illness must be grave enough to disable fulfillment of essential marital
obligations;
(6) the essential marital obligation must be embraced by Articles 68 to 71 of the
Family Code as regards husband and wife, and Articles 220 to 225 of the same code
as regards parents and their children;
(7) interpretation made by the National Appellate Matrimonial Tribunal of the Catholic
Church are to be given great weight; and
(8) the fiscal and the Solicitor-General must appear as counsel for the State.

The marriage of Roridel Olaviano to Reynaldo Molina subsists and remains valid.
In Application:

In this case, there is an applicability of a strict construction and interpretation of

statute wherein psychological incapacity is only within the bounds of medical or
clinical identification. That the incapacity must be medically or clinically permanent or
incurable and that such illness must be grave enough to disable fulfillment of essential
marital obligations.

The aid of two amici curiae is also an application of extrinsic aid.