Statutory Construction 2012

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Chapter 1
Preliminary consideration

Statutory construction has been defined as
the 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
rendered doubtful, among others, by reason of
the fact that given case is not explicitly provided
for in the law.
- Interpretation as the art or process of
discovering and expounding on the intended
signification of the language used, that is, the
meaning which the authors of law designed it to
convey to others. (blacks, construction and
interpretation of the laws)
- The art of seeking the intention of the
legislature in enacting a statute and applying it
to a given state of facts according to justice
martin
- Branch of law dealing with the
interpretation of laws enacted by a legislature
according to American jurisprudence.

Construction is the drawing of conclusion
with respect to subjects that are beyond the
direct expression of the text from elements
known and given in the text, same thing with
the meaning given by Dr. Lieber

Interpretation is the process of discovering
the true meaning of the language used
- Art of finding out the true sense
of any form of words, that is, the sense which
their author intended to convey, and of
enabling others to derive from them the same
idea which the author intended to convey.

- The purpose of construction
and interpretation is to ascertain and give effect
to the legislative intent.

- Situs of construction and
interpretation of written laws belong to the
judicial department. Court may declare
legislative measures or executive acts
unconstitutional

Duty of the courts to construe and interpret the
law
Requisites
1. There must be an actual case or
controversy, meaning a case brought to the
court by party litigants to hear and settle their
disputes. If there is no case or controversy,
there is no way for the court to construe or
interpret a law.
2. There is ambiguity in the law involved in
the controversy. Meaning the law involved is
susceptible of two or more interpretations.

Ambiguity - when there is doubtfulness,
doubleness of meaning, duplicity,
indistinctiveness, or uncertainty of meaning of
an expression used in a written instrument
- It exists if reasonable person
can find different meaning in a statute,
document, etc.
- It is a condition of admitting
two or more meanings, of being understood in
more than one way, or of referring to two or
more possible meanings
- The duty of the court is to apply
the law. When the law is clear and unequivocal,
the court has no other alternative but to apply
the law and not to interpret ( verba legis)

Where the law speaks in clear and categorical
language, there is no room for interpretation,
Statutory Construction 2012

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vacillation, or equivocation; there is room only
for application

Director of lands vs. CA
Facts: on December 8, 1986, private