STATCON

Atty. Cyrus Sualog

Chapter 1: Construction and Interpretation of the Laws

1.1 Introduction
Notes during discussion:
Sec. 1, Art. III
No person shall be deprived of life, liberty and property without due process of law, nor shall any person be denied the equal protection of
the laws.
1.2 Principle of Separation of Powers
- Art. 8, NCC Judicial Decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.
Caltex v. Palomar
Defines construction 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 is rendered doubtful, amongst others, by reason of the fact that the given case is not
explicitly provided for in the law.
- Blacks definitions:
Construction
As applied to written law, is the art or process of discovering and expounding the meaning and intention of the authors of the law with
respect to its application in a given case, where that intention is rendered doubtful either by reason of apparently conflicting provisions or
directions, or by reason of the fact that the given case is not explicitly provided for in the law.
2 ways where intention is rendered doubtful:
a. Apparently conflicting provisions or directions
b. Given case is not explicitly provided for in the law
Interpretation
Art or process of discovering and expounding the intended signification of the language used, that is, the meaning which the authors of
the law designed it to convey to others.
Construction
Relates to the ascertainment of the meaning and
intention of the authors of the law
Uses extrinsic aids

Interpretation
Mainly concerned with the meaning and
the language used.
Uses intrinsic aids

Ultimately, construction and

interpretation is the same

Prevailing doctrine regarding

definition of construction and
interpretation

Philippine Apparel Workers Union v. NLRC

There is no distinction between interpretation and explaining the extent and scope of the law; because where one explains the intent and
scope of a statute, he is interpreting it.
1.3 Construction and Interpretation can be used interchangeably
Common denominators for their usage:
1) They are both utilized in case of ambiguity in the law in the language used or in its application; and
Ambiguity in language used:
Arises when the term or provision of the law is susceptible to two or more different meanings.
Ambiguity in the application of the law:
Its literal application defeats its very purpose, results to injustice and leads to absurdity.
2)

They have the same object to ascertain the meaning and will of the authors of the law in order that the law may be enforced.
Rule: where the law is clear, plain and free from ambiguity, it must be given its literal meaning and applied without any interpretation
or even construction.
In accordance with Art. 10, NCC:
In case of doubt in the interpretation of laws, it is presumed that the lawmaking body intended right and justice to prevail.
Proof of the intention that our Legislature intends to give the terms construction and interpretation the same signification
Art. 8, NCC Judicial decisions applying or interpreting the laws of the Constitution shall form a part of the legal system of the
Philippines.

STATCON

Atty. Cyrus Sualog

Thus, the 2 terms can be used interchangeably

1.4 Significance of Construction and Interpretation
Laws will be made applicable to a given case in accordance with the meaning which the authors thereof seek to convey, or purpose of
which it is enacted or passed.
Construction and interpretation guides or assists the Courts as well as legal practitioners in unfolding and establishing the real meaning
and purpose of an ambiguous and obscure term or provision of the law. It provides for certain rules, legal maxims, doctrines, principles,
tools and techniques that can be observed, used or applied in the ascertainment and determination of legislative intent or intent of the
framers in order to give effect to a statutory or constitutional command.
1.5 Statutory Construction vis--vis Constitutional Construction
Subject
Intent

Constitutional Commission
Constitution
Seeks to ascertain intent of the
framers of the constitution

Statutory Construction
Laws lower than the Constitution
Seeks to ascertain and discover
intent of the legislature