Statutory Construction Notes (Chapter 5 and Chapter 6)

CHAPTER 5: CONSTRUCTION
WORDS AND PHRASES

OF

may & shall, distinguished

o may permissive and operates to
confer discretion
o shall imperative with a duty to
enforce
Guingona vs. Carague, GR No. 94571,
April 22, 1991
Facts: Congress earmarked 86 billion for debt
servicing and 27 billion for education. This
was challenged as unconstitutional because
Section 5, Article XIV of the 1987
Constitution says:
The State shall assign the highest
budgetary priority to education x x x
Held: While it is true that it mandates
Congress to assign the highest budgetary
priority to education, it does not follow that
the hands of Congress are so hamstrung as
to deprive it the power to respond to the
imperatives of national interest and for the
attainment of other state policies or
objectives.
The use of the word shall is not
always mandatory, it may be construed as
merely directory depending on legislative
intent or when the provision involved is not
self-executing.
Special or technical meaning
Words and phrases having technical or
special meaning are construed in their
technical sense
This applies to terms with established
trade,
business,
commercial
or
professional significance
Except:
When intended otherwise by Congress
or it defeats legislative intent.
Illustrative case: Asiatic Petroleum Co.
vs. Collector, 30 Phil. 510
Facts: A tax law provides that no tax shall
be collected on such article which before the
taking effect of this Act, shall have been
disposed
of
to
persons
other
than
manufacturers or wholesale dealer.
Issue: Whether sale and delivery constitute
disposed of?
Held: No. The oil was not disposed of. Had
the legislature intended disposed of to
mean sold and delivered, it would have
used the latter phrase.

The legislature evidently took into

consideration the custom of merchants in
using the phrase disposed of in its
commercial sense and not technical sense.

Conjunctive and & disjunctive or

or disjunctive article indicating an
alternative
When used, the various members of
the sentence are to be taken
separately
and conjunctive article
When used, the various members of
the sentence are to be taken jointly.
all, any, every, etcetera
all universal or comprehensive
sense
Example: All female law students are
required to wear corporate attire every
Wednesday.
any restrictive interpretation in
some cases.
Example: Any female law student who
does not wear corporate attire on a
Wednesday is required to wear it
everyday.
every word of inclusion
Example: Every female law student in
the University Of San Carlos College Of
Law is required to wear corporate
attire every Wednesday.
etcetera and so forth
Depends on the text of the statute
Grammar
Rules of language
The system of rules by which words
are formed and put together to make
sentences
Grammar, what rules apply?
- Ordinary
rules
of
grammar
to
determine legislative intent
Grammar, limitation
- Not conclusive if it defeats legislative
intent
Rules on punctuation, tense, gender
and number, degree of aid
- Very little weight
Tense
- Statutes expressed in the future may
nevertheless be regarded as having
present effect
Gender

Statutory Construction Notes (Chapter 5 and Chapter 6)

-

The use of masculine gender does not

preclude application to females
- Where intent requires it
Number
- Words importing singular number may
be extended to several persons or
things
- Unless it defeats legislative intent

Inaccuracies or clerical errors

- May be corrected by the court if it is
necessary to carry out the legislative
intent
Example:
courts of law was encoded instead
of course of law
That is a mere typographical error is
evident
If uncorrected, it renders the law
nonsensical
It must be corrected by the court as it
is duty bound to give statute a
sensible construction.
Example: A man wrote a book entitled:
How to Change Your Life
He was uncertain if it sells, since it
appears predictable, as many other
books of similar theme were already
published prior to it. To his surprise, 10
million copies were sold on the first
week they were out in the market. It
turned out the title was inadvertently
made How to Change Your Wife
Foreign Language
- The Revised Penal Code was approved
in its Spanish text but translated to
English. In case of doubt, the Spanish
text prevails.

CHAPTER 6: INTRINSIC
CONSTRUCTION

AIDS

IN

Intrinsic aids, where found?

- In the oriented page of the statute
itself
Intrinsic aids, enumerated
1. Context
2. Punctuation and capitalization
3. Language or lingual text
4. Title
5. Chapter, article and section headings
6. Head notes or epigraphs
7. Marginal notes
8. Preamble

9. Legislative
definitions
interpretative clauses

and

1. Context, defined
The text surrounding word or passage;
words, phrases or passages that come
before and after a particular word or
passage in a speech or piece of writing
and help explain its full meaning; they
must be taken as a whole and in
relation to one another.
A statute must be construed as a
whole and read in its entirety. All
parts, provisions or section of a
statute must be read, considered or
construed together, and each must be
considered in the light of all the
others.
Reason for the rule
- The statute is enacted as a whole and
not in parts or sections
Purpose of the rule
- To give proper emphasis to each
provision and avoid giving undue
emphasis or effect to particular words,
clauses,
If
context
admits
of
two
interpretation
- The one which tends to give effect to
the manifest object of the law should
be adopted!
(unsa oy? Hahahahaha)
2. Punctuation, defined
- Standardized
non-alphabetical
symbols or marks that are used to
organize writing into clauses, phrases,
and sentences, and in this way make
its meaning clear
Punctuation, purpose
Comma and semi-colon used to
divide
sentences
and
parts
of
sentences
Difference between comma & semicolon semi-colon makes division
more pronounced
Period end a sentence
Punctuation, limitation as intrinsic aid
Not seriously regarded
Minor and not decisive or controlling
element in statutory
Obvious mistake in punctuation will be
corrected if necessary to make the
statute intelligible

Statutory Construction Notes (Chapter 5 and Chapter 6)

Construction should be based on more

substantial consideration rather than
mere punctuation
Punctuation, degree of aid
Low degree
Not part of the statute and of the
English language
Punctuation as low degree aid of
construction, exception
- It gives statute a meaning which is
reasonable
and
consistent
with
legislative intent, it may be used as an
additional argument for the literal
meaning of the words thus punctuated
Example:
if
charge
against
such
employee involves dishonesty,
oppression,
or
grave
misconduct or neglect in the
performance of duty
in the performance of duty
qualifies
only
grave
misconduct or neglect
Capitalization, degree of aid
- Low degree in construction
Example:
Constitution says Civil Service but
Civil Service says civil service
It was contended that employees in
the unclassified service of the
government are not entitled to
security of tenure.
Civil Service group, civil service
system
There is no difference between the use
of capital and small letters.
No reason to exclude persons in the
unclassified service from the benefits
extended to those in the classified
service.
3. Language or lingual text, which
prevails
Philippine
laws
are
officially
promulgated either in English, Spanish
or Filipino.
Language
used
in
promulgation
prevails over translated versions.
But if statute is promulgated both in
English and Spanish, the English text
prevails.
Basis for English text to prevail
- In the interpretation of a law or
administrative issuance promulgated
in all the official languages, the

English text shall control, unless

otherwise specially provided. In case
of ambiguity, omission or other
mistake, the other may be consulted.
4. Title, purpose
May resolve doubts as to its proper
construction
by
extending
or
restraining its purview or by correcting
an obvious error.
In case of doubt, resort may be had to
the title to determine legislative intent
because it normally indicates it.
Limitation
Not controlling, if the body of the
statute is free from ambiguity, no
resort to the title.
Need not be an index of contents of
the law.
5. Chapter,
article
&
section
headings, purpose
- Determine the scope of the provisions
and their relations to other portions of
the law.
Limitation
- Not conclusive
- But a proper aid where there is
ambiguity
6. Head notes or epigraphs, defined
- Introductory quotation

Head notes or epigraphs, limitation

May be consulted for interpretation
But cannot limit the words contained
in the body of the text
Being mere index of the contents of
the petition or provision of law
Article 160. Commission of another crime
during service of penalty imposed for
another previous offense. Beside the
provisions of Rule 5 of Article 62, any person
who shall commit a felony after having been
convicted
by
final
judgment,
before
beginning to serve such sentence, or while
serving the same, shall be punished by the
maximum period of the penalty prescribed
by law for the new felony.
7. Marginal notes, defined
- Notes written in a margin, usually
handwritten and initialed
Marginal notes, limitation

Statutory Construction Notes (Chapter 5 and Chapter 6)

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Resorted to only when such notes

were in fact inserted under the
authority of the legislature

8. Preamble, defined
- Introductory explanation
Preamble, limitation
- Not an essential part of the statute
- May explain ambiguities but not
conclusive or controlling
Preamble, purpose
The key to the statute

To open the minds of the makers

As to the mischiefs to be remedied
And objects to be accomplished by the
provisions of the statute

9. Legislative
definitions
and
interpretative clauses
Such definition or construction should
be followed by the Courts
Statutory definition supersedes the
commonly accepted or a previous
judicial definition