STATUTORY CONSTRUCTION Preceptive statute commands the doing of certain acts
MIDTERM REVIEWER and regulates the form or mannerof their performance.
of Man Hernando
08-21-2012
Statute written will of the legislature, expressed according
to the form necessary to constitute it a law of the state, and
rendered authentic by certain prescribed forms and.
Statute Law includes not only the statute but also the
judicial interpretation and application of the enactment.
Public act one which affects the community at large.
Private law is confined to particular individuals,
associations and corporations.
General Law one which relates to pesons, entities, or things
as a class; or operates equally or alike upon all of a class,
omitting no person entity or thing belonging to the class.
Special Law one which relates to particular persons,
entities or things of a class.
Local act one whose operation is confined within territorial
limits other than that of the whole state, applies to less than
the whole, to the property of persons of a limited proportion
of the state, or is directed to specific locality or spot, as
distinguished from a law which operates throughout the
state.
Remedial Law those which abridge superfluities of former
laws and remedy defects thereof; reform or extend existing
rights; promote justice or advance public welfare and
important and beneficial public objects such as the
protection of the health, morals and safety of society or of
the public in general.
Curative Law one which attempts to cure or correct
irregularities in judicial or administrative proceedings or
which seek to give effect to contracts and other transactions
between private persons which otherwise would fail to
produce their intended consequences on account of some
statutory disability or a failure to comply with some technical
requirements.
Penal Law one which imposes punishment for an offense
commited against the state. However, the term has been
extended to include any act which imposes penalty or creates
a forfeiture as a punishment for the transgression of its
provisions or the commission of some worng or ther neglect
of some duty.
Mandatory statute provisions or requirements of which if
not complied with will render the proceedings to which it
relates illegal and void.
Directory statute is noe where non-compliance will not
invalidate the proceedings to which it relates.
Permissive statute one which allows certain acts to be
done without commanding that they be performed.
Prohibitive statute one which forbids the doing of certain
things, particularly those which are injurious to the rights of
others, or of the public.
Affirmative statute a statute expressed in affirmative
terms.
Negative statute one expressed in negative terms.
Adopted statute one which borrowed wholly or in part by
one state from another
Reenacted statute is one which is passed in substantially
the same language as a prior one passed by the same
legislature.
Prospective statute one which operates upon or regulates
acts or transactions taking place after it takes effect.
Retrospective or Retroactive statute one which affects
acts already committed or transactions already completed
before it becomes effective.
Reference statute one which refers to other statutes and
makes them applicable to the subject of the new legislation
Declaratory act one whose purpose is to remove doubt as
to the meaning of an existing law, or to correct a construction
considered erroneous by the legislature.
Permanent act one whose operation is not limited to a
particular period of time but which continues in force until it
is duly altered or repealed.
Temporary act one whose life or duration is fixed for a
specified period of time at the moment of its enactment, and
continues in force, unless sooner repealed or until the
expiration of the time fixed for its duration.
Repealing Law a law which revokes or terminates another
statute, either by express language or by implication.
Amendatory Law one which makes an addition to or
operates to change the original law so as to effect an
improvement therein, or to more effectively carry out the
purpose for which the original law was passed.
Parts of a Statute
Title gives a general statement of, and calls attention to the
subject matter of an act, so that the legislators and the public
may be appraised of the subject matter of the legislation and
be put opon inquiry in regard thereto.
Constituional provision on titles
Every bill passed by the congress shall embrace only one
subject which shall be expressed in the title thereof.
All parts of a law must relate to the subject expressed in the
title but it is not necessary that the title be a complete index
of its contents. It is sufficient if the title epresses the general
subject and all the provisions are germane to the general
subject.
Purpose:
 1. Prohibit duplicity in legislation to appriase the
legislators or the public of the nature, scope and
consequences of the law or its operation
2. Prevent hodge-podge or log-rolling.
Preamble part of the statute folllowing the title and
preceding the enacting clause, which states the reasons for,
or the objects of the enactment.
Enacting Clause Indicates the authority that promulgated
the enactment. Such clause clothes the statute with a certain
dignity, belived in all times to command respect and aid in
the enforcement of laws.
Body sometimes referred to as the purview of the act,
contains the subject matter of the statute. For convenience,
the body is divided into articles, title, chapters and sections.
Proviso a clause added to an enactment for the purpose of
acting as a restraint upon or as a qualification of, the
generality off the language which it follows.
Rule:
A proviso can only restrict or qualify the provisions
immediately preceding itor the section to which it has been
appended.
Exceptions exempts something which would otherwise fall
within the general words of the statute.
Interpretative Clause part of the statute where the
legislature defines its own language or prescribes rules for its
construction.
Repealing clause part of the statute which announces the
legislative intent to terminate or revoke another statute or
statutes.
Saving clause restricts a repealing act and preserves the
existing powers, rights and pending proceedings from the
effects of the repeal.
Separability clause a clause which states that if for any
reason, any ection or provision of the statute is held to be
unconstitutional or invalid no other section or provision of
the law shall be affected thereby.
Date of Effectivity states when such law shall take effect.
Enactment of a Statute (Article VI Section 26)
1. A bill shall become a law after it has passed three
readings of both Houses on separate days.
2. Printed copies in its final form must be distributed
to the members three days before its passage.
3. The last reading of the bill shall not accept any
amendment and the members shall vote
immediately thereafter either by yeas and nays.
Veto power of the President the power of the president
to approve or disapprove a bill passed by the congress.
Three ways for a bill to become a law:
1. When the president signed and approved it;
2. When the president vetoed it but the two-thirds
(2/3) of the members of both chambers of congress
voted to approve it;
3. When the president did not acted or signed it thirty
(30) days after the date of receipt.
Enrolled Bill Theory the signing by the Speaker of the
House of Representatives and by the President of he Senate,
in an open session of an enrolled bill. It is an official
attestation by the two houses of such bill as one that has
passed the Congress.
Resolution is a legislative epression on some given matter
or thing. It is not submitted to the executive for approval
and is ordinarily passed without the forms, solemnities and
delays generally required for the enactment of statutes.
Three types:
1. Simple a formalized motion passed by a majority
of a single legislative chamber. Usually used to
create committees, express recognition for
meritorious services, extend sympathy on the death
of a member, or to establish rules governing internal
affairs of the chamber.
2. Concurrent passed by both chambers of the
legislature. Reflects the opinion of the entire
legislative body.
3. Joint passed by both chambers while they are in
joint session.
Ordinances legislative acts passed by a local government
unit in the exercise of its law-making authority.
Codes a restatement either of the whole of the general laws
or of some great subdivision of such laws, under one general
title. The process of codification entails a re-examination and
revision of existing statute law as well as the elimination of
repealed ones. After codification, the law becomes the
reservoir of all statute law on the subjects covered.
Compilation a systematic arrangement of existing
statutory laws. Compilation does not bring about the
alteration of existing statutory law.
Interpretation and Construction
The act 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.
Construction drawing of conclusion with respect to
subjects which lie beyond the direct expression of the text.
Interpretation exploration of the written text itself.
Purpose of Interpretation and Construction
To ascertain and give effect to the legislative intent.
When Interpretation and Construction Necessary?
When its language is ambiguous, doubtful or obscure when
taken in relation to a set of facts or reasonable minds
disagree as to its meaning.
It is not necessary when the law speaks clear and categorical
language. A plain and unambiguous statute speaks for itself,
and any attempt to make it clearer is vain labor and tends
only to obscurity.
Legislative Intent is the essence of the law and is what the
legislature meant by the use of the language contained in a
statute. It is synonymous with legislative meaning. It is the
meaning that should be placed upon the words used in the
law.
Legislative Purpose is the reason why the legislature
passed a particular enactment.
The court is the appropriate organ to interpret and construe
the law. They have the fundamental duty to apply the law
according to its express terms and interpretation is being
called only when such such literal application is impossible.
Spirit of the law it is the intendment of the law, the cause
which moved the legislator to enact it.
Letter of the law is the literal meaning and expression of
the statute.
The spirit and letter of the law should always be in harmony
to each other. But when differing interpretation between the
spirit and letter causes ambiguity, the interpretation defined
by the spirit must be given more weight.
Effect of Interpretation of Construction
Judicial decision applying or interpreting the laws or the
constitution shall form part of the legal system of the
Philiippines.
Interpretation and Construction in relation to Language
of Statute
In the construction of statutes, it is the legislative intent
manifested in the statute that is of importance. Such intent
must be determined primarily from the language of the
statute because it affords the best means for its exposition.
Aids in the interpretation and construction of statute in
relation to its language:
Verba legis (plain meaning rule)
Words to be given their commonly accepted meaning
They should be given their usual, natural, plain, ordinary and
commonly understood meaning.
It is derived from the maxim index animi sermo est or
speech is the index of intention.
In the construction and interpretation of statute the common
practice is to follow the maxim verba legis non est
recedendum or from the words of the statute there should
be no departure.
Exception: The natural and ordinary meaning of words will
however be disregarded in favor of (1) a statutory meaning or
a well established technical meaning; (2) when it is plain and
clear from the statute or from the context of the words that a
different meaning was intended; or (3) when the commonly
accedpted meaning would defeat the manifest intention on
the legislature.
Noscitur a Sociis (One is know by his companions)
The doctrine of associated words
The true meaning may be made clear and specific by
considering the company in which it is found with or with
which it is associated.
This rule instructs that we should distinguish and find the
common characteristics of the words in a statute to discover
the true meaning of the statute.
Exception: The court has no right to resort to such maxim
when (1) the legislature made or intended to make
distinctions; or when (2) doing so would render general
words meaningless.
Ejusdem Generis (Of the same kind)
Were general words follow the designation of particular
things, or classes of persons or subjects, the general words
will usually be construed to include only those persons or
things of the same class or general nature as those
specifically enumerated.
Cases:
Mutuc v COMELEC using of jingles
Vera et al v Cuevas et al skimmed milk
Banaan v IAC use of extension phone in wiretapping
RP et al v Migrino et al subordinate
Exception: The rule will not apply when (1) it appears that the
legislature intended the general words to go beyond the
class specifically designated; when (2) when the specific
words enumerate subjects which greatly dffer from each
other; or when (3) they exhaust all the subjects of the class
mentioned.
Case:
US v Santo Nino possession of a deadly weapon (iron bar)
Expressio Unius est Exclusio Alterius
(Express Mention is Implied Exclusion)
The rule provides that the express mention of one thing in a
law will mean the exclusion of others not expressly
mentioned.
Case:
Lerum et al v Cruz et al declaratory relief
Santos v Pano et al petitioner not qualifed for probation
Exception: It does not apply (1) where words are mentioned
by way of example or to remove doubts. It is not applied
with the same rigor in (2) construing a constitution as a
statute and only those things expressed in such positive
affirmative terms as plainly imply the negative of what is not
mentioned will be considered as inhibiting the power of
legislature.
Case:
Manabat et al v Aquino et al date of mail is date of filing
Esccribano v Avila et al CFI power of preliminary
investigation
Reddendo Singula Singulis
Words in different parts of a statute must be referred to their
appropriate connection, giving to each in its place, proper
force and effect. If possible rendering none of them useless
or superfluous even if strict grammatical construction
demands otherwise.
Case:
People v Tamani promulgation is order, notice is order
Doctrine of the Last Antecedent
Relative and qualifying words, phrases and clauses are to be
applied to the words or phrase immediately preceding and
are not to be construed as extending or including others
more remote.
Cassus Omissus [pro omisso habendus est]
A case ommitted is to ber held intentionally omitted
Under this rule, a person, object, or thing omitted from an
enumeration in a statute must be held to have been omitted
intentionally. The court could not insert in a statute what has
been omitted by the legislature.
Exception: Words or phrases may be supplied where (1) that
is necessary to obviate repugnancy or inconsistency or to
complete the sense thereof; or (2) where the omission was
made through clerical error, by accident or inadvertence.
They will supply an omission where the same is palpable and
omitted words are plainly indicated by the context or
verifiable from other parts of the statute.
Case:
People v Manantan justice of the peace for judges
Verbical or Clerical errors
Verbal inaccuracies or clerical errors or misprints will be
corrected by the court in the construction of the statute,
whenever necessary to carry out the intention of the
legislature.
Case;
Lamb v Phipps course of law not courts of law
People v Duque illegal recruitment case has prescribed
Number, Gender and Tense
Words in the plural include the singular; Masculine gender
may be interpreted as comprehending the feminine gender
as well; words of the future tense may be regarded as having
a present effect
Conjunctive and Disjunctive Words
Words or and and in a statute are not treated as
interchangeable and their ordinary meaning should be
followed if ti does not render the sense of the statute
dubious. The legal meaning of the words and/or should be
taken its ordinary significance.
Exception: Or may be construed as and or vice-versa
when the spirit or context warrants it.
Exception to the exception: In penal statute these words
cannot be interchanged when the effect would be to
aggravate the offense or increase the punishment.
Shall and May
The rule is to interpret shall and may as the context or a
reasonable construction of the statute in which they are used
demands or requires.
In Bersabal v Salavador, the court explained that as a general
rule, the word may when used in statute is permissive only
and operates to confer discretion while the word shall is
imperative, operating to impose a duty which may be
enforced.
Case:
Diokno v Rehabilitation Finance shall subject to availabily of
loanable funds
Mc Gee v Republic the following may be adopted
Bersabal v Salvador parties may submit memoranda
Fule v CA Pre-trial agreements
Rules of Grammar
The ordinary rules of grammar will be applied for the purpose
of ascertaining the meaning of statute. Courts cannot
presume that the lawmaking body does not know the
meaning of words and the rules of grammar.
Exception: They are not controlling when an intent in conflict
therewith is disclosed.
The Rule of Necessary Implications
Every statute is understood to contain, by implication, if not
by express terms all such provisions as may be necessary to
effectuate its object and purpose. Which is plainly implied in
a statute is as much as part of it as that which is expressed.
Where Language is Susceptible of Two or More Constructions
The rule is that should be adopted which will most tend to
give effect to the manifest intent of the lawmaker and
promote the object for which the statute is enacted. A
legislative act should be construed whenever possible in a
manner that will avoid conflict with the constitution.
Computation of Time
Article 13 of Civil Code provides that: When the laws speaks
of years, months, daays, and nights it shall be understood that
years are of three hundred and sixty five (365) days each;
months, of thirty (30) days; days of twenty-four (24) hours; and
nights from sunset to sunrise.
If months are designated by their name, they shall be
computed by the number of days which they respectively have.
In computing a period, the first day excluded and the last day
included.
Case:
National Marketing v Tecson- December 21, 1955-1965 the
case has prescribed
English and Spanish texts of Philippine Statutes
Section 15 of Revised Administrative Code provides:
In the interpretation of a law officialy promulgated in English
and Spanish, the English text shall govern. In cas of
ambiguity, omission, or mistake, the Spanish may be
consulted to explain the English text.
The converse rule shall apply if so provided in the particular
statute.
Provided, however, that in the interpretation of laws enacted
by the Philippine Legislature after October 16, 1916, the
language of the text used by the House that finally passed
the same shall prevail,and in case of ambiguity, omission and
mistake, the official translation filed in the office of the
secretary of the said House may be consulted.
Aids in Interpretation and Construction
Intrinsic aids are elements that are found in the law itself.
It may consist of the (1) title, (2) preamble, (3) words, phrases
and sentences, (4) context, (5) punctuation, (6) headings and
marginal notes, (7) legislative definitions and interpretation
clause.
Extrinsic aids elements or facts not found in the language
of the law. It may consist of (1) contemporaneous
circumstances (2) policy, (3) legislative history of the statute,
(4) contemporaneous or practical construction, (5) executive
construction, (6) legislative construction, (7) judicial
construction, (8) construction by the bar and legal
commentators.
Extrinsic aids can only be resorted to after intrinsic aids have
been used and exhausted.
Presumptions in Aid of Construction Courts in construing
statutes often indulge in the presumptions justified by (1)
logic, human experience and good sense, or (2) specific
provisions of law.
Intrinsic aids:
Title
In case of doubt as to the scope of the body of the act or the
connotation off general words used therein, the title may be
considered for the purpose of restricting, explaining and
elucidating the same.
Limitation: It is an unsafe criterion and is not entitled to
much weight because of the prevailing jurisprudence that the
title need not be a complete index of the subject of thee act.
Preamble
It is the key to open the minds of the makers of the law. It is
especially helpful when the ambiguity is not simply arising
from the meaning of a particular word, but such as may arise
in respect to the general scope and meaning of statute.
Case:
Go Chioco v Martinez principal should not be forfeited
People v Echavez squatting of grazing lands not covered by
PD 772
People v Purisima carrying outside of deadly weapon not
covered by PD 9
Limitation: Preamble is not an essential part of the act and
cannot confer or enlarge powers
Words, Phrases and Sentences; Context
Legislative intent must primarily be determined fom the
language of the statute and such language consists of the
words, phrases, and sentences used therein. Every part of
the statute must be interpreted with reference to the context.
Every part must be considered together and kept subservient
to the general intent of the whole enactment.
Cases:
Paras v COMELEC punong baranggal prevent the call for his
recall
Limitation: The meaning of law is not to be extracted from
any single part, portion or section or from isolated words and
phrases.
Punctuation
It is an aid interpreting the language of the statute when it
gives a meaning which is reasonable and in apparent accord
with the legislative will.
Cases:
US v Hart vagrancy is without visible means of support
Limitation: It is an aid of low degree and the reliance upon it
is too shallow foundation to rest a conclusion.
Headings and Marginal Notes
Ambiguities in the enactment clauses may be resolved
through the interpretation of the headings of portions of
statutes such as titles, articles, chapters and sections.
Limitation: Can be used only if there exist an ambiguity in
the enactment clause and not controlling especially when the
headings have been prepared by compilers and not by the
legislature. They are mere guides to the intent of the
legislature and cannot extend or restrict the language
contained in the body of the statute.
Legislative Definitions and Interpretation Clauses
These parts of the statute contain the legislatures exercise of
its power to emody in the statute its own definition of
language and rules of construction.
Limitation: If the meaning of the legislature, as revealed by
the statute considered in its entirety, is contrary to the
expressions of the interpretation clauses or the legislative
definitions, the said meaning will prevail over them.
Extrinsic aids:
Contemporaneous circumstances
These are the conditions under which the law was enacted. It
include (1) the history of the times and conditions existing
whenthe law was enacted, (2) the previous state of the law,
(3) the evils sought to be remedied, (4) and the customs and
usages of the people. They constitute the reason why the law
was enacted.
Cases:
Phil Sugar Central Agency v Collector of Customs Plaintiffs
sugar import is laden from a private wharf thus contended
that it is exempt from customs tariff.
Policy
It is the policy which induced the enactment or which is
sought to be promoted thereby, as well as the general policy
of the law or settled policy of the state may throw up light
upon the legislative intention.
Cases:
Sarcos v Castillo transformation of local government into an
effective instrument.
Ursua v Court of Appeals Petitioners use of the alias Oscar
Perez isnot intended to be used by him publicly and usually
in business transactions.
Legislative History of Statute
The history of the proceedings attending the actual passage
of the statute through the legislature as well as the action of
the executive in reference thereto. Such history may be
found in (1) reports of legislative committtees and hearings
conducted by them, (2) legislative debates, (3) explanatory
statements in certain instances, (4) changes or amendments,
(5) executive reports or messages.
This is especially useful in interpreting legislative meaning
where there is unanimity with which foes and supporters of a
bill speak of its aims.
Cases:
Resins Inc v Auditor General of the Central Bank of the
Philippines RA 2609 speaks of urea formaldehyde,
petitioner insist urea and formaldehyde
Olivia v Lamadrid homestead should be redeemed five (5)
years from the conveyance
Contemporaneous and Practical Construction
The application and understanding of the law by its
contemporaries, when it first comes into operation,
sanctioned by the long acquiescence on the part of the
legislature and judicial tribunals are the strongest evidence
that it has been rightfully explained.
Practical construction that has been long continued and
acquisced by the legal profession, and the general public may
be taken into consideration in the interpretation of the
statute.
Cases:
Araneta v Dinglasan Presidents interpretation of the CA
671 should carry much weight
Executive Construction
The construction placed upon a law by the officials in charge
of enforcing the same where said construction has been
uniform and observed for a long period of time, deserves
greater or considerable weight.
Cases:
Tamayo v Manila Hotel The Commission on Civil Service
construction of RA 1081 should be respected.
PAFLU v BLR et al the implementing rules and regulation of
the Labor Code created by the DOLE Secretary is recognized
and should be respected.
Asturias Sugar Central v Comm of Customs and CTA The Presumption against absurdity The mind of the legislature
administrative orders in question is in consonance with the is presumed to be consistent and the provision of the
intention of the legislature. statutes made by them is consistent with one another.

Legislative Construction Presumption against inconvenience and impossibility It is

The construction of a statute by the legislature, as indicated
by the language of later enactments, is intitled to
consideration as an aid in the construction of statute.
Cases:
Bengzon v Sec of Justice and Insular auditor The partial
veto of the Gov-general is upheld by the court when
legislative and executive department harmoniously accepted
it.
Yra v Abano qualified elector need not be a person
registered in the electoral list based on the construction of
the committee of the Philippine Assembly and Executive
Bureau.
Judicial Construction
It is presumed that the legislature was acquianted with and
had in mind the judicial construction of former statutes on
the subject, and the statutue was enacted in the light of the
judicial construction that the prior enactment has received.
In the light of such existence, they have direct bearing on the
interpretation and construction of the new statute.
The rule should be followed in an instance where (1) a statute
which has received judicial construction was reenacted
without substantial change or alteration; (2) a statute was
adopted from another state or country if the said
construction is in harmony with justice and public policy, and
consistent with the local law.
presumed that the legislature intends the most reasonable
and beneficial construction of its enactments
Presumption as to public policy it must alwas be supposed
that the legislative body designs to favor and foster, rather
than to contravene the public policy.
Presumption as to knowledge of existing law the legislature
is presumed to have full knowledge of all existing laws on the
subject.
Presumptions against improper motive or bad faith
presumption is indulged in favor of good faith of the
lawmaking body.
Presumption against irrepealable laws It is presumed that
the legislature does not intend to derogate authority of its
successors or to make irrepealable laws or to divest the state
of any portion of its sovereign powers.
Presumption as to jurisdictiion of courts A statute will not
be construed as ousting or restricting the jurisdiction of
superior courts, or as vesting new jurisdiction in them.
Cases:
People v Villanueva accused was charged with a complex
crime of serious and less physical injuries with damage to
property in the amount of P2,636. The court laid the
jurisdiction to the CFI basing its decision on the presumption
against absurdity.

Construction by the Bar and Legal Commentaries

The meaning publicly given to a statute by long professional

usage of members of the legal profession has been
presumed to be the true and regarded as one which should
not be lightly changed.

Presumptions widely accepted by the Court include:

Presumption as to right and justice it is presumed that the

law-making body intended right and justice to prevail.

Presumption of constitutionality every act of the legislature

is presumed to be valid and constitutional until the contrary
is shown or proved.
Presumption against exceeding limitations of legislative
power the legislature intended to keep within the
prescribed limits of its authority.

Presumption against ineffectiveness it is presumed that the

legislature intends to impart such a meaning that will render
the statute operative and effective.