Statutory

Construction 1
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I. PRELIMINARY CONSIDERATIONS II. LAW, ITS CONCEPT AND
Statutory Construction CLASSIFICATION
– the act or process of discovering and Law
expounding the meaning and intention of the • In its broad sense, a whole body or
authors of the law with respect to its system of law
application to a given case, where that • In its strict sense, a rule of conduct,
information is doubtful, among others, by just and obligatory, laid down by a
reason of the fact that the given case is not legitimate authority for the common
explicitly provided for in the law. observance and benefit

Construction vs Interpretation Elements of Law
Construction is the drawing of conclusion with • It is a rule of conduct – serves as
respect to the subjects that are beyond the guidelines of an individual in relation
direct expression of the text. to his fellowmen and to his
Interpretation is process of discovering the community
true meaning of the language used. • It must be just
• It must be obligatory – if laws are not
Situs of Construction And Interpretation enforced, the purpose of which they
belongs to the judicial department. are intended will not be served
• It must be prescribed by legitimate
Duty of the Courts to Construe and Interpret authority – if laws are not prescribed
or Construct A Law by legitimate authority, the people
1. There must be an actual case or could not be expected to observe
controversy them
2. There is ambiguity in the law involved • It must be ordained for the common
in the controversy benefit – salus populi est suprema lex
– the welfare of the people is the
When Not Necessary To Interpret or supreme law
Construct A Law
If the law is clear and unequivocal, the Court Classification of Law
has no other alternative but to apply the law • Natural Law – derives its force and
and not interpret it. authority from God. Superior to other
laws
Definition of Ambiguity o Physical Law – universal rule of
Ambiguity exists if reasonable persons can action that govern the conduct
find different meanings in a statute, and movement of things, which
document, etc. It is also considered as are non-free and material.
ambiguous if it is susceptible to two or more o Moral Law – what is right and
possible meanings or interpretation. what is wrong as dictated by
human conscience and as
Role of the 3 Principal Branches of inspired by the eternal law
Government in the Enforcement A\and o Divine Law
Interpretation of Laws § Divine Positive Law – 10
• Legislative Department – makes the commandments
law § Divine Human Positive Law
• Executive Department – executes the – commandments of the
law church
• Judicial Department – interprets the
law


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• Positive Law 3. Customs
o Public Law • Proven as a fact according to
§ Constitutional Law the rules of evidence
- Fundamental law of the • Must not be contrary to law
land • Must be a number of
- Defines the powers of uniformly performed
the government repeated acts
§ Administrative Law • Must be a judicial intention to
- Fixes the organization make a rule of social conduct
- Determines the • Must be acknowledged and
competence of the approved by society
administrative 4. Court Decision – evidence of the
authorities meaning and interpretation of the
- Regulates the method laws
by which the functions
of the Government are Statutes
performed Statues – an act of the legislature, as an
§ International Law organized body, expressed in the form, and
- Regulates the passed according to the procedure required
community of nations to constitute it as part of the law of the land.
o Private Law
- Creates duties, rights Bill vs Statue
and obligations Bill – proposed legislation under consideration
- The means and or approval
methods of setting the Statue – bills that are approved by the
courts in motion for the Congress and by the President
enforcement of a right
or of a redress of wrong State vs Law
§ Substantive Private Law – Statute – specific, codified statement of some
declare legal relations of law that has been approved by the legislative
litigants body
§ Procedural or Adjective Law – entire body of statutory, administrative
Private Law – means and provisions that regulate society
methods of setting the
court in motion, making the Legislative Procedure In The Enactment Of A
facts known to them and Statue
effectuating their 1. A bill is introduced by any member of the
judgments Congress, signed by the authors and filed with
the Secretary of the house. May introduce in
Sources of Law either house except appropriation, revenue or
1. Legislation tariff bills, bills authorizing increase of public
2. Precedent debts, bills of local applications, and private
a. Doctrine of Stare Decisis: when bills (Sec. 24 Art. VI).
court has once laid down a
principle and applies it to all 2. First reading- Secretary reports the bill for
future cases, where facts are first reading:
substantially the same, - Reading the title and number of bill
regardless of whether the - Referral to appropriate committee
parties and properties are the for study and recommendation
same. - Committee may hold public hearings
and submit its report and
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recommendation for Calendar for are being considered, in order
second reading that they may have opportunity
of being heard thereon by
3. Second reading petition or otherwise, if they
- bill shall be read in full with the shall so desire
proposed amendments by the • No bill passed by either House shall
committee become law unless it has passed the
- Subject to debates, pertinent three readings on separate days, and
motions and amendments printed copied thereof are distributed
- After these, bill shall be voted upon to each member three days prior to
its passage
4. Third reading - final vote by yeas and nay • Every bill passed by the Congress
shall, before it becomes a law, be
*After a house has approved their own presented to the President. The
version, it will be transmitted to the other executive approval and veto power of
house, which will follow the same procedures. the President is the third important
If without amendments, the bill is passed by constitutional requirement in the
Congress and is submitted to the President. If mechanical passage of a bill.
there are amendments, there will be a
Conference Committee* Parts of a Statue
1. Title
5. Conference Committee - this is where the - heading on the preliminary part,
differences will be settled. The amendments furnishing the name by which the act
introduced in this level will have to be is individually known
approved by both Houses for passage. - usually prefixed to the statute in the
brief summary of its contents
6. Approval and authentication - signing of 2. Preamble
the Senate President and the House Speaker - part of statute explaining the
and their respective secretaries (Enrolled Bill) reasons for its enactment and the
objects sought to be accomplished
7. Submission to the President: - “whereas” clause
A bill is passed in three ways: 3. Enacting Clause
1. When the president signs it - part of statute which declares its
2. When the president does not sign enactment and serves to identify it as
nor communicate his veto of the bill an act of legislation proceeding from
within 30 days after his receipt the proper legislative authority
3. When the vetoed bill is repassed - “be enacted”
by Congress by two-thirds vote of 4. Body
all its members, voting separately. - the main and operative part of the
statute containing its substantive and
Constitutional Test in the Passage of a Bill even procedural provisions.
• Every bill passed by Congress shall - provisos and exceptions may also be
embrace only one subject, which shall found.
be expressed in the title, for the 5. Repealing Clause
purpose of the ff: - announces the prior statutes or
ü to prevent hodge-podge or specific provisions which have been
logrolling legislation; abrogated by reason of the
ü to prevent surprise or fraud enactment of the new law.
upon the legislature 6. Saving Clause
ü to fairly apprise the people of - restriction in a repealing act, which
the subjects of legislation that is intended to save rights, pending
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proceedings, penalties, etc. from the Vague Statues
annihilation which would result from - when it lacks comprehensible standards to
an unrestricted repeal those men of common intelligence
7. Separability Clause - must necessarily guess at its meaning and
- provides that in the event that one differ as to its application
or more provisions or
unconstitutional, the remaining III. AIDS IN INTERPRETATION AND
provisions shall still be in force. CONSTRUCTION
8. Effectivity Clause
- announces the effectivity date of the Legislative Intent
law - determined principally from the language of
the statute
Kinds of Statute
• As to nature The object of all interpretation and
a) Penal Statues – defines criminal construction of statutes is to ascertain the
offenses, specify corresponding meaning and intention of the legislature, to
fines and punishments the end that the same may be enforced.
b) Remedial Statutes – providing
means or method whereby Intrinsic Aids
causes of action may be - aids within the statute
affectuated, wrongs redressed - resorted only if there is ambiguity
and relief obtained 1. Title – expresses the subject matter of
c) Substantive Statutes the law
d) Labor Statutes 2. Preamble – reasons or objectives of the
e) Tax Statutes enactment
• As to application 3. Words, Phrases and Sentences, Contexts
a) Mandatory – generic term – taken from the general consideration
describing statues which require of the act as a whole
and not merely permit a course 4. Punctuation – aid of low degree and can
of action never control against the intelligible
b) Directory (or Affirmative) – meaning of the written word
directs the doing of an act, or 5. Headings or Marginal Notes
declares what shall be done 6. Legislative Definition and Interpretation
• As to performance
a) Permanent Extrinsic Aids
b) Temporary - existing aids from outside sources,
• As to scope meaning outside of the four corners of
a) General – affects the community the statute
at large - when intent cannot be ascertained
b) Special – designed for a using intrinsic aids, resort to extrinsic
particular purpose aids
c) Local – relates or operates over a 1. Contemporaneous Circumstances –
particular locality instead of over conditions existing at the time the law
the whole territory of the state was enacted
• Other Classifications • History if the times and conditions
a) Prospective or Retroactive existing at the time the law was
b) Repealing or Amendatory enacted
c) Reference or Declaratory • Previous state of the law
• Evil sought to be remedied or
corrected by law
• Custom usages of the people
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2. Policy – general policy of the law or the General Rule: Statutes are presumed
settled policy of the State may enlighten valid
the interpreter of the law as to the Exception: If it clearly appears that
intention of the legislature in enacting the statute violates the fundamental
the law law
3. Legislative History of the Statute –
found in the reports of legislative 2. Presumption of Constitutionality
committees, in the transcript of - laws are presumed constitutional.
stenographic notes taken during a To justify nullification of law, there
hearing, legislative investigation, or must be clear and unequivocal
legal debates breach of the constitution
4. Contemporaneous and Practical
Construction – those who lived at or 3. Presumption of Good Faith
near the time when the law was passed - presumed that the legislature has
were more acquainted of the conditions good motives in making laws
and the reasons why the law was
enacted 4. Presumption against Injustice
5. Executive Construction – given by the - law should never be interpreted in
executive department such a way to cause injustice as
6. Legislative Construction – given great this never lies within the legislative
weight but it cannot control as against intent
the court’s prerogative to decide on - we interpret and apply the law in
what is right or wrong interpretation consonance with justice
7. Judicial Construction – it should be
followed only if it is reasonable, in 5. Presumption against Inconsistency
harmony with justice and public policy - the mind of the legislature is
and consistent with the local law presumed to be consistent
8. Construction by the Bar and Legal - in case of doubtful and ambiguous
Commentators expression of its will, such a
construction should be adopted as
Presumptions in Aid of Construction and will make all the provisions of the
Interpretation statute consistent with each other
- in construing a doubtful or ambiguous and with pre-existing body of law
statute, the Courts will presume that it was - a word or phrase in the statute will
the intention of the legislature to enact a have the same meaning
valid, sensible and just law and one which throughout the statute, unless a
should change the prior law no further than different intention appears
may be necessary to effectuate the specific
purpose of the act in question 6. Presumption against Absurdity
- applicable only when there is some doubts - statutes must receive a sensible
as to the intention of the legislature construction such as will give effect
to the legislative intention so as to
1. Presumption of Validity avoid an unjust and absurd
- in the absence demonstrating the conclusion
alleged confiscatory effect of the - It is presumed that the legislature
provision in question, there is no does not intend an absurdity or
basis for its nullification in view of that absurd consequence shall flow
the presumption of validity which from its enactments and such a
every law has in its favor result should be avoided if the
terms of the act admit to it by a
reasonable construction
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to be followed :D