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CHAPTER VI MAXIM, DOCTRINES, RULES AND GUIDELINES IN CONSTRCUTION AND INTERPRETATION OF LAWS

Dura lex sed lex – the law may be harsh but it is the law
When the law is clear, there is no other recourse but to apply it regardless of its perceived harshness
Ubi lex non distniguit nec nos distinguere debemus – where the law does not distringuish, neither should the Court
o Words of statute will be interpreted in their natural, plain and ordinary acceptation
Page | Generalia verba sunt generaliter intelligencia – general words are understood in a general sense
1 o General meaning prevails over the restricted meaning
A word covers its enlarged and plural sense
A word that imports the masculine gender shall also include the feminine gender and vice versa unless a contrary
intention appears
Reddendo singular singulis – words in different parts of a statute must be referred to their appropriate connection,
giving to each its proper force and effect, rendering none of them useless
Ejusdem generis – of the same kind
o Where a general word or phrase follows and enumeration of particular and specific words of the same
class or where the latter follow the former, the general word or phrase is to be construed to include or to
be restricted to persons, things, or cases resembling or of the same kind or class as those specifically
mentioned
o To give effect to both the particular and general words
o One must refer to the prior enumeration
Noscitur a sociis – known by his associates
o Birds of the same feather flock together
o The meaning of the vague term may be made clear by reference to associate words
Casus omissus pro omisso habendus est – a case omitted is to be held as intentionally omitted
Expressio unius est exclusion alterius – express mention of one person, thing, act or consequences excludes all
others
Doctrine of necessary implication – what is implied is as much a part thereof of what is expressed
o Used to fill in the gaps, includes collateral consequences (no statute can be enacted that can provide all
details involved in its application)
Shall, must, ought – mandatory
May – directory, permissive
And – conjunctive
Or – disjunctive or alternative
And/or – consult intention of law
Year – 365 days
Month – 30 days
Day – 24hrs
Proviso – added phrase or clause that provides a limitation, condition, requirement or exception

CHAPTER VII AIDS IN THE CONSTRUCTION AND INTERPRETATION OF THE LAWS

Intrinsic aids – four corners of law

o Title, preamble, definition and punctuation marks
Extrinsic aids – outside sources that can lend support in arriving at a reasonable interpretation
o History of the legislative enactment, president’s SONA, explanatory note of the bill, sponsorship speech,
committee report, congressional deliberations, Journal of Congress, history of the times, conditions at the
time of enactment, judicial decisions, dictionary, administrative rules and regulations, opinion of legal
experts, debates and proceedings of ConCom/Con, and foreign jurisprudence
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INTRINSIC AIDS

1. Preamble – objective, purpose, reason for enactment of the law, contextual basis for interpretation, or evil sought
to be remedied
2. Definition – a words is given its technical meaning or specific legal meaning when it is clearly defined, may differ
from ordinary usage
Page |
2 EXTRINSIC AIDS
1. Explanatory note of the bill – cover letter of the bill signed by the proponent member of congress, gives purpose
and reason of proposed legislation and explains the necessity for its enactment
2. Judicial decisions – applying or interpreting the laws form part of our legal system, constitute what the laws mean
3. BIR Commissioner has exclusive and original jurisdiction to interpret tax laws

CHAPTER VIII CONSTRUCTION AND INTERPRETATION OF THE DIFFERENT TYPES OF LAW

Kinds of Construction and Interpretation: Strict and Liberal

Strict Interpretation/Construction
- Letter of the law
- narrow, restrictive, limited, and grammatical interpretations
- refuses to expand the law by implications
- confines its operation to cases which are clearly within the spirit and letter of the statute
- confined within the letters of the law and must be within its spirit
- all reasonable doubts in the application or interpretation of the law are resolved against the applicability of
the law to a particular case

Liberal Interpretation/Construction
- Spirit or reason of the law
- extensive and mixed interpretations
- expands the meaning of the statute to embrace cases which are clearly within the spirit or reason of the
law or within the evil which it was designed to remedy
- resolved all reasonable doubts in favor of the applicability of the statue to a particular case
- goes beyond the letters of the law so long as spirit allows
- necessary implication
- all reasonable doubts are resolved in favor of the applicability of the law to a particular case

When the language is clear and free from ambiguity, there is no room for interpretation except for its application.

Criminal/Penal Law
- RPC and its amendments and special laws passed by legislature which are penal in nature
o Pro-reo doctrine – when in doubt, rule for the accused (the accused is ought to be presumed
innocent until and unless his guilt is established beyond reasonable doubt)
o Rule of Lenity – when construing an ambiguous statute that sets out multiple or inconsistent
punishment, resolve the ambiguity in favor of the more lenient punishment
 Both are not applicable when the law is clear
Labor Law
- The state shall afford full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all
- in case of doubt, rule in favor of labor (employee’s welfare – paramount consideration)
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Social Legislation
- Protection or benefits to society, in furtherance of social justice
Election Law
- COMELEC’s Rules of Procedure are subject to liberal construction (will of the people in the choice of public
officers may not be defeated by mere technical objections)
Page | - Popular vote however does not cure the ineligibility of a candidate
3
Procedural Laws
- Rules of Court provides for liberal construction (for prompt, proper and orderly disposition of cases)
 Reasons Court may suspend a strict adherence to procedural rules
a) Matters of life, liberty, honor or property
b) Existence of special or compelling circumstances
c) Merits of the case
d) A cause not entirely attributable to the fault of negligence of the party favored by the
suspension of the rules
e) Lack of any showing that the review sought is merely frivolous and dilatory
f) The fact that the other party will not be unjustly prejudiced
Tax Law
- Taxation is a destructive power which interferes with the personal and property rights of the people and
takes from them a portion of their property for the support of the govt
- Taxes are the lifeblood of the nation, law frowns upon tax exemption
- Liberally construed in favor of the taxpayer and strictly against the government
- Legal burdens the taxpayers must endure

Tax Exemptions / Tax Refunds

- Liberally construed in favor of the government and strictly against the claimant
 Burden of the One Claiming for a Tax Exemption
a) Provision of the tax law that grants the exemption
b) That he is covered by the exemption or entitled thereto
- never presumed, must be in clear language
- Present concrete evidence to establish he complied
 Exceptions to the Rule that Tax Exemptions Are Construed Strictly Against the Taxpayer
i. When the law so provides for such liberal construction
ii. Exemptions from certain taxes granted under special circumstances to special classes of
persons
iii. Exemptions in favor of the govt
iv. Exemption to traditional exemptees (religious & charitable institutions)

Naturalization Law
- Strictly construed in favor of the govt and against the applicant
Waiving State Immunity Statutory Provisions
- Strictissimi juris/ strictest letter of the law (derogation of sovereignty)
Exception
- Existence of an exception in a statute clarifies the intent that the statute shall apply to all cases not
excepted
- In every rule there is an exception? False. When the law does not provide for an exception, neither should
the court provide or create for one. The exception to this one is when there is a compelling reason that
would justify for the creation of an exception. (right and justice to prevail)
- Exceptions are strictly but reasonably construed
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CHAPTER IX LAWS RELATING TO THE SAME SUBJECT MATTER

Basic Guidelines:

1) The Consti is the basic and paramount law to which all other laws must conform and to which all persons must
Page | defer. (Doctrine of constitutional supremacy)
4 2) Presumption that Legislature have known the existing laws on the subject and not have enacted conflicting statutes
3) If provision of law should be read and understood in their entirety and all parts thereof should be seen as a
coherent whole, there should be coherence between or among laws horizontally and vertically. Coherence
between or among laws
4) Every statute must be interpreted and brought into accord with other laws as to form a uniform system of laws and
jurisprudence
5) When statutes are in pari material (2 or more states that relate to the same subj matter), they should be construed
together (regardless of time and date of enactment)

Horizontal Coherence
- presumption that legislature has known the existing laws on the subj and has not enacted conflicting
statutes
Interpretare et concordare legibus est optimus interpretendi – every state must be so interpreted and brought
about in accord with other laws as to form a uniform system of jurisprudence (reconcile laws)

General Law vs Special Law

Generalia specialibus non derogant – a general law does not nullify a specific or special law (unless it clearly
appears that the legislature has intended by the later general act to modify or repeal the earlier special law)
- The special and general law must stand together
- The special law as intended to constitute an exception to, or qualification of, the general act or provision
When reconciliation and harmonization are no longer possible, implied repeal arises
- Must deal with same subject matter, latter be inconsistent with the former
- There must be showing of repugnance, clear and convincing character
 2 Accepted Instances of Implied Repeal
i. Provisions in 2 acts on the same subj matter are irreconcilably contradictory
ii. Later act covers the whole subject matter of the earlier one and is clearly intended as a
substitute
Vertical Coherence

Constitution
Statute
Admin/Exec. Acts, Orders & Regulations
Ordinance
Brgy Ordinance
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Guidelines when two laws dealing with the same subj matter but can no longer be reconciled or harmonized
despite earnest efforts
1. Between 2 general law, the later law shall prevail
2. Between 2 special laws, the later shall prevail
Page | 3. Between a general law and a special law, the special law will control the general law without regard to the
5 respective dates of passage
4. Between a special law which refers to a subject in general and the general law which treats the same subject in
particular, the general law shall prevail
5. Between the Consti and a statute/administrative/executive act/order/regulation/ordinance the Consti shall prevail
and the contrary provision of the latter shall be declared unconstitutional
6. Between a statute and an ordinance, the statute shall prevail because an ordinance must not contravene a statute
in order to be valid
7. Between an administrative or executive act, order, or regulation and an ordinance, the former shall prevail because
an ordinance must not contravene any law in order to be valid

CHAPTER X EFFECT AND OPERATION OF LAWS

Prospectivity of Laws – Art. 4 of Civil Code: Laws shall have no retroactive effect, unless the contrary is provided
Prospective law – applies to acts, situations or events that will happen after its effectivity
Retroactive/Retrospective law – applies to acts, situations or events that happened even before its passage or
enactment
Lex de fututo, judex de praeterito – the law provides for the future, the judge for the past
Lex prospicit non respicit – the law looks forward, not backward

Exceptions to the rule on prospectivity of laws

1. When the law expressly provides for the retroactive application
2. When the penal law is favorable to the accused who is not a habitual criminal
3. When the law is procedural in nature
4. When the law id curative in nature
5. When the law creates a new substantive right
6. When the law is issued in the exercise of the state’s police power in order to meet an agency

No Retroactive Application despite the same is provided

- When the law is an ex post facto law and it impairs obligations of contracts

Ex post facto Law

1) Makes an action done before the passing of the law which was innocent when done criminal and
punishes such action
2) Aggravates a crime or makes it greater than it as when committed
3) Changes the punishment and inflicts a greater punishment that the law annexed to the crime when it
was committed
4) Alters the legal rules of evidence and received less or different testimony that the law required at the
time of the commission of the offense in order to convict the defendant
5) Assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a
right which then was done lawful
6) Deprives a person accused of a crime of some lawful protection to which he has become entitled
(acquittal, amnesty)
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When the penal law is favorable to the accused who is not a habitual criminal
 Favorabilia sunt amplianda adiosa restrigenda – penals laws which are favorable to the accused are
given retroactive effect
o Non-applicability of this rule
a) Accused is a habitual criminal
Page | b) Later law is expressly made inapplicable to pending actions or existing causes
6 of actions
 Habitual criminal/delinquent – if within a period of 10 yrs from the date of his release or last conviction of the
crimes of robo, horto, estafa, or falsification, he is found guilty of any said crimes a third time or oftener (Art 62
RPC)

Non-impairment of Contracts
- Sec. 10 of Bill of Rights: No law impairing the obligation of contracts shall be passed

When the law is procedural

- They may be given retroactive effect on actions pending and undetermined at the time of their passage
and this will not violate any right of a person who may feel that he is adversely affected insomuch as there
are not vested rights in rules of procedure
When the law is curative
- Curative statutes are enacted to cure defects in a prior law or to validate legal proceedings which would
otherwise be void for want of conformity within certain legal requirements.
- Their purpose is to give validity to acts done that would have been invalid under existing laws. Curative
statutes therefore by their very essence are retroactive
When the law crates a new substantive right
- “But if a right should be declared for the first time in this code, it shall be effective at once, even though
the act or event which gives rise thereto may have been done or may have occurred under prior legislation,
provided said new right does not prejudice or impair any vested or acquired right, of the same origin” (Art
2253 CC)
- Ex. Hereditary rights of an illegitimate child

CHAPTER XI CONSTITUTIONAL CONSTRUCTION AND INTERPRETATION

Intent

In statutory construction, the interpreter seeks to ascertain and discover the intent of the legislature
In constitutional construction, the interpreter seeks to ascertain the intent of the framers of the Consti in light of
the realization of the purpose of the people in the adoption of the Consti
The Consti is the supreme law of the land
The words in the Consti must be given their ordinary meaning
 Raison detre
1. It is assumed that the words in which the constitutional provisions are couched express the
objective sought to be attained
2. Consti is not primarily a lawyer’s document but essentially that of the people, in whose
consciousness it should ever be present as an important condition for the rule of law to
prevail
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The application or interpretation of the Constitutional provision must be in accordance with the intent of the
framers (ratio legis est anima) and of the people adopting it
The Consti must be construed as a whole (ut magis valet quam pereat)
Constitutional provisions are mandatory in character unless either by express statement or by necessary
implication, a different intention is manifest
Page | It is presumed that all provisions are self-executing unless the provision expressly privdes that a legislative act
7 is necessary to enforce a constitutional mandate

Non-self-executing constitutional provision

- Merely statements of principles and policies
- moral incentives to legislature, not as judicially enforceable rights
Can the provisions of Art 2 of the Consti be given their own normative value and thus become an intrinsic
binding force; or do they remain without effect unless particular provision specify their practical application?
- Art 2/basic political creed of the nation are not intended to be self-executing principles ready for
enforcement through the courts
- Sec 16 (right of the people to a balanced and healthful ecology” provides for enforceable rights that are
actionable without need of an enabling statute
- See page 296 to see examples of non-self-executing provisions of the consti
-
Preamble
- not a self-executing provision.
- not a source of power or right of any dept of the govt
- distillation of the ideals and aspirations of the Filipino people
- only an aid in ascertaining the meaning of ambiguous provisions in the consti

Provisions of the consti are prospective in application

Aids in construing and interpreting the consti
- Intrinsic and extraneous aids of construction such as debate and proceedings of the concon, to shed light
and ascertain the intent of the framers or the purpose of the provision being construed