Apart
from
its
language
courts
may
refer
to
the
following
in
CONSTITUTION
construing
the
constitution:
• history
Constitution
is
a
fundamental
law
which
sets
up
a
form
of
government
• proceedings
of
the
convention
and
defines
and
delimits
the
powers
thereof
and
those
of
its
officers,
• prior
laws
and
judicial
decisions
reserving
to
the
people
themselves
plenary
sovereignty.
A
• contemporaneous
constructions
constitution
is
a
system
of
fundamental
laws
for
the
governance
and
• consequences
of
alternative
interpretations
administration
of
a
nation.
It
is
the
paramount
and
fundamental
law
of
the
nation.
These
aids
are
called
extraneous
aids
because
though
their
effect
is
not
in
precise
rules
their
influence
describes
the
essentials
of
the
Primary
purpose
of
constitutional
construction.
process
The
primary
task
of
constitutional
construction
is
to
ascertain
the
intent
or
purpose
of
the
framers
of
the
constitution
as
expressed
in
Realities
existing
at
time
of
adoption;
object
to
be
accomplished
the
language
of
the
fundamental
law,
and
thereafter
to
assure
its
History
basically
helps
in
making
one
understand
as
to
how
and
why
realization.
The
fundamental
principle
of
constitutional
construction
certain
laws
were
incorporated
into
the
constitution.
is
to
give
effect
to
the
intent
of
the
framers
of
the
organic
law
and
of
the
people
adopting
it.
In
construing
constitutional
law,
the
history
must
be
taken
into
consideration
because
there
are
certain
considerations
rooted
in
the
It
has
been
said
that
the
Constitution
has
one
fundamental
purpose
historical
background
of
the
environment
at
the
time
of
its
adoption
which
is
to
protect
and
enhance
the
people’s
interests,
as
a
nation
collectively
and
as
persons
individually.
The
interpretation
of
it
should
be
done
with
a
view
to
realizing
this
fundamental
objective.
Proceedings
of
the
convention
RULE:
If
the
language
of
the
constitutional
provision
is
plain
it
is
not
Constitution
construed
as
enduring
for
ages
necessary
to
resort
to
extrinsic
aids
A
constitution
should
be
construed
in
the
light
of
what
actually
is,
a
continuing
instrument
to
govern
not
only
the
present
but
also
the
EXCEPTION:
when
the
intent
of
the
framer
doesn’t
appear
in
the
text
unfolding
events
of
the
indefinite
future.
A
constitution
must
be
or
it
has
more
than
one
construction.
Intent
of
a
constitutional
construed
as
a
dynamic
process
intended
to
stand
for
a
great
length
convention
member
doesn’t
necessarily
mean
it
is
also
the
people’s
of
time,
to
be
progressive
and
not
static.
intent.
The
proceedings
of
the
convention
are
usually
inquired
into
because
it
sheds
light
into
what
the
framers
of
the
constitution
had
in
The
constitution
must
be
viewed
as
a
continuously
operative
charter
mind
at
that
time.
of
the
government.
It
must
not
be
interpreted
as
demanding
the
impossible
or
the
impractical;
or
as
affecting
the
unreasonable
or
Contemporaneous
construction
and
writings
-‐
may
be
used
to
absurd.
Courts
should
always
endeavor
to
give
such
interpretation
resolve
but
not
to
create
ambiguities
that
would
make
the
constitutional
provision
consistent
with
reason,
justice
and
the
public
interest.
In
construing
statutes,
contemporaneous
construction
is
entitled
to
great
weight
however
when
it
comes
to
the
constitution
it
has
no
weight
and
will
not
be
allowed
to
change
in
any
way
its
meaning.
How
language
of
constitution
construed.
The
primary
source
from
which
to
ascertain
constitutional
intent
or
Writings
of
delegates
–
has
persuasive
force
but
it
depends
on
two
purpose
is
the
language
of
the
constitution
itself.
The
presumption
is
things:
that
the
words
in
which
the
constitutional
provisions
are
couched
• if
opinions
are
based
on
fact
known
to
them
and
not
express
the
objective
sought
to
be
attained.
established
it
is
immaterial
• on
legal
hermeneutics,
their
conclusions
may
not
be
a
It
is
a
well-‐established
rule
that
the
language
of
the
constitution,
as
shade
better
in
the
eyes
of
the
law.
much
as
possible,
should
be
understood
in
the
sense
it
has
in
common
use
and
that
the
words
in
constitutional
provisions
are
to
be
Previous
laws
and
judicial
rulings
given
their
ordinary
meaning
except
where
technical
terms
are
•
framers
of
the
constitution
is
presumed
to
be
aware
of
prevailing
employed.
judicial
doctrines
concerning
the
subject
of
constitutional
provisions.
THUS
when
courts
adopt
principles
different
from
prior
decisions
it
is
Note:
Do
not
construe
the
constitution
in
such
a
way
that
its
meaning
presumed
that
they
did
so
to
overrule
said
principle.
would
change
Consequences
of
alternative
constructions
What
if
the
words
used
have
both
general
and
restricted
meaning?
•
consequences
that
may
follow
from
alternative
construction
of
Rule:
general
prevails
over
the
restricted
unless
the
contrary
is
doubtful
constitutional
provisions
constitute
an
important
factor
to
indicated.
consider
in
construing
them.
•
if
a
provision
has
more
than
one
interpretation,
that
construction
which
would
lead
to
absurd,
impossible
or
mischievous
consequences
must
be
rejected.
•
e.g.
directory
and
mandatory
interpretation:
Art.
8
Sec
15(1)
requires
judges
to
render
decision
within
specific
periods
from
date
of
submission
for
decision
of
cases
(construed
as
directory
because
if
otherwise
it
will
cause
greater
injury
to
the
public)
OTHER
RULES:
STRICT
OR
LIBERAL
CONSTRUCTION
Constitution
construed
as
a
whole
Provision
should
not
be
construed
separately
from
the
rest
it
should
Generally:
be
interpreted
as
a
whole
and
be
harmonized
with
conflicting
Whether
a
statute
is
to
be
given
a
strict
or
liberal
construction
will
be
provisions
so
as
to
give
them
all
force
and
effect.
Sections
in
the
depending
upon
the
nature
of
the
statute,
the
purpose
to
be
constitution
with
a
particular
subject
should
be
interpreted
together
subserved
and
the
mischief
to
be
remedied,
and
a
strict
or
liberal
to
effectuate
the
whole
purpose
of
the
Constitution.
interpretation
will
be
given
a
statute
that
will
best
accomplish
the
end
desired
and
effectuate
legislative
intent.
Mandatory
or
Directory
The
established
rule
is
that
constitutional
provisions
are
to
be
Strict
construction,
generally
construed
as
mandatory,
unless
by
express
provision
or
by
necessary
Strict
construction
is
that
construction
according
to
the
letter
of
a
implication,
a
different
intention
is
manifested.
It
is
a
general
rule
to
statute,
which
recognizes
nothing
that
is
not
expressed,
takes
the
regard
constitutional
provisions
as
mandatory
and
not
to
leave
any
language
used
in
its
exact
meaning,
and
admits
no
equitable
discretion
to
the
will
of
a
legislature
to
obey
or
to
disregard
them.
This
consideration.
It
does
not
mean
giving
a
statute
its
narrowest
presumption
as
to
mandatory
quality
is
usually
followed
unless
it
is
meaning
of
which
it
is
susceptible.
Nor
does
it
mean
that
words
shall
unmistakably
manifest
that
the
provisions
are
intended
to
be
merely
be
so
restricted
as
not
to
have
their
full
meaning.
Scope
of
statute
directory.
The
reason
why
provision
of
the
constitution
are
generally
shall
not
be
enlarged
by
implication,
intendment,
or
equitable
regarded
as
mandatory
is
that
in
a
constitution,
the
sovereign
itself
consideration
beyond
the
literal
meaning
of
its
terms.
speaks
and
is
laying
down
the
rules
which
for
the
time
being
at
least
are
to
control
alike
the
government
and
the
governed.
Its
provisions
Liberal
construction,
defined.
are
binding
upon
all
departments
of
the
government.
Liberal
constructions
mean
such
equitable
construction
as
will
enlarge
of
a
statute
to
accomplish
its
intended
purpose,
carry
out
its
Prospective
or
Retroactive
intent,
or
promote
justice.
It
does
not
mean
enlargement
of
a
The
rule
is
that
a
constitution
should
operate
prospectively
only,
provision
which
is
clear,
unambiguous
and
free
from
doubt,
for
a
unless
the
words
employed
show
a
clear
intention
that
it
should
have
statute
which
is
plain
and
clear
is
not
subject
to
construction.
Liberal
a
retroactive
effect.
construction
is
that
construction
which
expands
the
meaning
of
a
statute
to
meet
cases
which
are
clearly
within
the
spirit
or
reason
Applicability
of
Statutory
Construction
to
Constitutional
thereof
or
within
the
evil
which
the
statute
was
designed
to
remedy,
Construction
or
which
give
the
statute
its
generally
accepted
meaning
to
the
end
Some
of
the
rules
in
statutory
construction
are
applicable
to
the
that
the
most
comprehensive
application
thereof
maybe
accorded,
construction
of
the
Constitution
without
being
inconsistent
with
its
language
or
doing
violence
to
any
of
its
terms.
Liberal
construction
means
that
the
words
should
receive
Generally,
Provisions
of
the
Constitution
are
self-‐executing
in
a
fair
and
reasonable
interpretation,
so
as
to
attain
the
intent,
spirit
nature
and
purpose
of
the
law.
The
general
rule
is
that
constitutional
provisions
are
self-‐
executing,
except
when
the
provisions
themselves
expressly
require
legislations
Liberal
construction
applied,
generally.
to
implement
them
or
when,
from
their
language
or
tenure,
they
are
The
literal
meaning
of
the
words
used
may
be
rejected
if
the
result
of
merely
declarations
of
policies
and
principles.
A
self-‐executing
adopting
said
meaning
would
be
to
defeat
purpose
of
the
law.
Liberal
provision
is
one
which
is
complete
by
itself
and
becomes
operative
interpretation
so
as
to
save
the
statute
from
obliteration,
ut
res
magis
without
the
aid
of
supplementary
or
enabling
legislation,
or
which
valeat
quam
pereat.
Construction
by
this
nature
and
the
act
of
the
supplies
sufficient
rule
by
means
of
which
the
right
it
grants
may
be
court
in
engrafting
upon
a
law
something
which
its
believes
ought
to
enjoyed
or
protected.
The
rule
is
that
in
case
of
doubt,
the
have
been
embraced
therein.
The
former
is
liberal
construction
and
Constitution
should
be
considered
self-‐executing
rather
than
non-‐ is
a
legitimate
exercise
of
judicial
power.
The
latter
is
judicial
self-‐executing.
legislation
forbidden
by
the
tripartite
division
of
powers
among
the
three
departments
of
government,
the
executive,
the
legislative
and
Three
Maxims
employed
as
aids
to
construe
constitutional
the
judicial.
A
statute
may
not
be
liberally
construed
to
read
into
it
provisions.
something
which
its
clear
and
plain
language
rejects.
It
has
been
held
that
there
are
at
least
three
maxims
of
construction
that
are
employed
to
construe
constitutional
provisions.
Construction
to
promote
social
justice.
―It
(social
justice
mandate)
is
meant
for
the
three
departments:
the
Verba
Legis
–
“Plain-‐meaning
Rule”
legislative,
executive,
and
judicial,
because
the
latter
two
are
no
less
Wherever
possible,
the
words
used
in
the
Constitution
must
be
given
than
the
agencies
of
the
state
than
the
first.
Enhance
social
justice.
their
ordinary
meaning
except
where
technical
terms
are
employed.
Construction
taking
into
consideration
general
welfare
or
growth
of
Ratio
Legis
Est
Anima
–
“The
reason
of
the
law
is
its
soul”
civilization.
Where
there
is
ambiguity,
the
words
of
the
Constitution
should
be
Some
authorities
advocate
a
construction
which
seeks
an
expansive
interpreted
in
accordance
with
the
intent
of
its
framers.
application
of
statutes
to
attain
the
general
welfare.
salus
populi
est
suprema
lex.
Statute
enacted
for
the
public
good
are
to
be
construed
Ut
Magis
Valeat
Quam
Pereat
–
“
liberally.
Statuta
pro
publico
commodo
late
interpretantur.
An
The
Constitution
is
to
be
interpreted
as
a
whole.
It
is
a
well-‐ authority
on
the
subject
expounds
on
this
type
of
construction:
established
rule
in
constitutional
construction
that
no
one
provision
―The
statute
in
general
has
two,
articulate
organs
for
lawmaking
of
the
constitution
is
to
be
separated
from
all
others,
to
be
considered
purposes
–
the
legislature
and
the
tribunal.
First
organ
makes
new
alone,
but
that
all
the
provisions
bearing
upon
a
particular
subject
are
law,
the
second
attests
and
confirms
old
law.
Statutes
must
be
to
be
brought
into
view
and
to
be
so
interpreted
as
to
effectuate
the
interpreted
in
the
light
of
the
growth
of
civilization
and
varying
great
purposes
of
the
instrument.
conditions.
STATUTES
STRICTLY
CONSTRUED
to
defeat
the
intent,
policy,
and
purpose
of
the
statute.
The
court
should
consider
the
spirit
and
reason
of
a
statute
where
a
literal
Penal
statutes,
generally.
meaning
would
lead
to
absurdity,
contradiction,
injustice,
or
would
Penal
statutes
refer
to
those
laws
by
which
punishments
are
imposed
defeat
the
clear
purpose
of
the
law,
for
strict
construction
of
a
for
violation
or
transgression
of
their
provisions.
Acts
of
the
legislature
criminal
statute
does
not
mean
such
construction
as
to
deprive
it
of
which
prohibit
certain
acts
and
establish
penalties
for
their
the
meaning
intended.
violation;
or
those
that
define
crimes,
treat
of
their
nature
and
provide
for
their
punishment.
Penal
or
criminal
laws
are
those
which
Capable
of
two
interpretations,
one
which
will
operate
to
exempt
an
impose
punishment
for
an
offense
committed
against
the
state,
and
accused
from
liability
for
violation
thereof
and
another
which
will
give
which
the
chief
executive
has
the
power
to
pardon.
A
statute
which
effect
to
the
manifest
intent
of
the
statute
and
promote
its
object,
decrees
the
forfeiture
in
favor
of
the
state
of
unexplained
wealth
the
latter
the
interpretation
should
be
adopted;
they
are
not
to
be
so
acquired
by
a
public
official
while
in
office
is
criminal
in
nature.
strictly
construed
as
to
defeat
the
obvious
purpose
of
the
legislature.
Penal
statutes
strictly
construed.
Penal
or
criminal
laws
are
strictly
construed
against
the
State
and
Statutes
authorizing
expropriations.
liberally
in
favor
of
the
accused
cannot
be
enlarged
or
extended
by
The
power
of
eminent
domain
is
essentially
legislative
in
nature.
The
intendment,
implication,
or
any
equitable
consideration.
The
legislature
may
not,
however,
by
itself,
exercise
such
power
by
language
of
a
penal
statutes
cannot
be
enlarged
beyond
the
ordinary
enacting
a
law
directly
expropriating
a
particular
land
and
fixing
the
meaning
of
its
terms
in
order
to
carry
into
effect
the
general
purpose
amount
of
just
compensation
thereof.
It
may
delegate
the
power,
by
for
which
the
statute
was
enacted.
Resolved
in
favor
of
the
person
law,
subject
to
hearing
as
to
just
compensation
to
the
president,
local
accused
of
violating
the
statute.
government
units,
or
a
public
utility
company.;
strictly
construed
against
the
expropriating
authority
and
liberally
in
favor
of
property
No
person
should
be
brought
within
the
terms
of
a
statute
who
is
not
owners;
―exercise
of
the
right
of
eminent
domain,
whether
by
the
clearly
within
them,
nor
should
any
act
be
pronounced
criminal
which
state
or
by
its
authorized
agents,
is
necessarily
in
derogation
of
is
not
clearly
made
so
by
the
statute.
private
rights,
and
the
rule
in
that
case
is
that
the
authority
must
be
strictly
construed;
right
to
freehold
inhabitants.
The
rule
that
penal
statutes
are
strictly
construed
does
not
mean
that
every
penal
law
must
be
so
narrowly
construed
as
to
defeat
the
law
Naturalization
laws.
itself;
it
merely
means
that
they
are
not
to
be
construed
so
strictly
as
Laws
on
naturalization
are
strictly
construed
against
an
applicant
for
to
nullify
or
destroy
the
obvious
purpose
of
the
legislature.
Be
citizenship
and
rigidly
followed
and
enforced.;
right
of
an
alien
to
construed
with
such
strictness
as
to
carefully
safeguard
the
rights
of
become
a
citizen
by
naturalization
is
a
statutory
rather
that
a
natural
the
defendant
and
at
the
same
time
preserve
the
obvious
intention
one,
and
it
does
not
become
vested
until
he
files
a
petition
and
of
the
legislature.
It
will
endeavor
to
effect
substantial
justice.
establishes
by
competent
and
satisfactory
evidence
that
he
has
all
the
qualifications
and
none
of
the
disqualifications
specified
by
law.
Careful
scrutiny
safeguards
the
rights
of
the
accused.
Two
reasonable
but
contradictory
constructions,
that
which
operates
in
favor
of
a
Statutes
imposing
taxes
and
custom
duties.
party
accused
under
its
provision
is
to
be
preferred.
The
principle
is
The
power
to
tax
is
an
incident
of
sovereignty
and
is
unlimited
in
its
that
acts
in
and
of
themselves
innocent
and
lawful
cannot
be
held
to
range,
acknowledging
in
its
very
nature
no
limits,
so
that
security
be
criminal
unless
there
is
a
clear
and
unequivocal
expression
of
the
against
its
abuse
the
is
to
be
found
only
in
the
responsibility
of
the
legislative
intent
to
make
them
such.
legislature
which
imposes
the
tax
of
the
constituency
who
are
to
pay
it.
;
―power
to
tax
involves
the
power
to
destroy.‖
;
tax
statutes
must
Reason
why
penal
statutes
are
strictly
construed.
be
construed
strictly
against
the
government
and
liberally
in
favor
Law
is
tender
in
favor
of
the
rights
of
an
individual;
the
object
is
to
of
the
taxpayer.
;
the
statute
is
to
be
construed
strictly
against
the
establish
a
certain
rule
by
conformity
to
which
mankind
would
be
subjection
to
tax
liability,
and
it
will
not
be
construed
as
imposing
a
safe,
and
the
discretion
of
the
court
limited.
The
purpose
of
strict
tax
unless
it
does
so
clearly,
expressly
and
unambiguously
.
construction
is
not
to
enable
a
guilty
person
to
escape
punishment
through
a
technicality
but
to
provide
a
precise
definition
of
forbidden
A
tax
cannot
be
imposed
without
clear
and
express
words
for
that
acts.
purpose.
Tax
or
customs
laws
may
not
be
extended
by
implication
beyond
the
clear
import
of
their
language,
nor
their
operation
Acts
mala
in
se
and
mala
prohibita.
enlarged
so
as
to
embrace
matters
not
specifically
provided.
;
General
rule
is
that
a
penal
statute
will
not
be
construed
to
make
the
commission
of
certain
prohibited
acts
criminal
without
regard
to
the
Reason
–
taxation
is
a
destructive
power
which
interferes
with
the
intent
of
the
doer,
unless
there
is
a
clear
legislative
intent
to
the
personal
and
property
rights
of
the
people
and
takes
from
them
a
contrary;
evil
intent
must
combine
with
an
act.
Actus
non
facit
reum
portion
of
their
property
for
the
support
of
the
government.;
burdens
nisi
mens
sit
rea,
the
act
itself
does
not
make
a
man
guilty
unless
his
are
not
to
be
imposed,
nor
presumed
to
be
imposed,
beyond
what
intention
were
so.
Actus
me
invito
factus
non
est
meus
actus,
an
act
the
statutes
expressly
and
clearly
import.
done
by
me
against
my
will
is
not
my
act.
Mala
in
se,
criminal
intent,
apart
from
the
act
itself,
is
required
but
in
those
which
are
mala
Statutes
granting
tax
exemptions.
prohibita
the
only
inquiry
is,
has
the
law
been
violated.
Taxes
are
what
the
people
pay
for
civilized
society.;
lifeblood
of
the
nation.
The
law
frowns
against
exemptions
from
taxation.
Laws
Limitation
of
the
rule.
granting
tax
exemptions
are
thus
construed
strictissmi
juris
against
The
rule
that
penal
statutes
are
given
a
strict
construction
is
not
the
the
taxpayer
and
liberally
in
favor
of
the
taxing
authority.
only
factor
in
the
interpretation
of
the
criminal
laws;
merely
serves
as
an
additional
factor
to
be
considered
as
an
aid
in
ascertaining
the
Taxation
is
the
rule
and
exemption
is
the
exception.
The
burden
of
meaning
of
penal
laws.
A
strict
construction
should
not
be
permitted
proof
rests
upon
the
party
claiming
exemption
to
prove
that
it
is
in
fact
covered
by
the
exemption
so
claimed.
Statutes
granting
tax
STATUTES
LIBERALLY
CONSTRUED
exemptions
are
construed
strictissimi
juris
against
the
taxpayer
and
liberally
in
favor
of
the
taxing
authority.
Reason
–
to
minimize
the
General
social
legislation
different
treatment
and
foster
impartiality,
fairness
and
equality
of
Implement
the
social
justice
and
protection-‐to-‐labor
provisions
of
treatment
among
taxpayers.
the
Constitution
are
known
as
general
welfare
legislations.
These
statutes
are
construed
liberally.
General
welfare
legislations,
the
For
exemptions
from
taxation
are
not
favored
in
law,
nor
are
they
courts
will
be
guided
by
more
than
just
an
inquiry
into
the
letter
of
presumed.
They
must
be
expressed
in
the
clearest
and
most
the
law
as
against
its
spirit
and
will
ultimately
resolve
any
doubt
in
unambiguous
language
and
not
left
to
mere
implications.
favor
of
the
persons
whom
the
law
intended
to
benefit.
―exemptions
are
never
presumed,
the
burden
is
on
the
claimant
to
establish
clearly
his
right
to
exemption
and
an
alleged
grant
of
Labor
laws,
tenancy
laws,
land
reform
laws
and
social
security
laws.
exemption
will
be
strictly
construed
and
cannot
be
made
out
by
However,
while
general
welfare
legislations
are
construed
liberally
in
inference
or
implications
but
must
be
beyond
reasonable
doubt.
In
favor
of
those
intended
to
be
benefited,
this
principle
holds
true
only
other
words,
since
taxation
is
the
rule
and
exemption
the
intention
to
when
there
is
doubt
or
ambiguity
in
the
law
and
not
when
the
law
make
an
exemption
ought
to
be
expressed
in
clear
and
unambiguous
itself
is
clear
and
free
doubt.
terms.
Workingman
‘s
welfare
should
be
the
primordial
and
paramount
consideration.
Article
4
of
the
New
Labor
Code
which
states
that
“all
Qualification
of
rule.
doubts
in
the
implementation
and
interpretation
of
the
provisions
of
Not
absolute.
Where
the
provision
of
the
law
is
clear
and
the
Labor
Code
including
its
implementing
rules
and
regulations
shall
unambiguous,
so
that
there
is
no
occasion
for
the
court
seeking
the
be
resolved
in
favor
of
labor.
Based
on
the
premise
that
the
statute
is
legislative
intent,
the
law
must
be
taken
as
it
is,
devoid
of
judicial
ambiguous.
addition
or
subtraction.
Law
provides
no
qualification
for
the
granting
of
tax
exemption,
the
court
is
not
at
liberty
to
supply
one...;
does
not
apply
in
the
case
of
tax
exemptions
in
favor
of
the
government
itself
Election
Laws.
or
its
agencies.
Election
laws
should
be
reasonably
and
liberally
construed
to
achieve
their
purpose
–
to
effectuate
and
safeguard
the
will
of
the
Statutes
prescribing
formalities
of
will.
electorate
in
the
choice
of
their
representatives
–
for
the
application
Statutes
prescribing
the
formalities
to
be
observed
in
the
execution
of
election
laws
involves
public
interest
and
imposes
upon
the
of
wills
are
strictly
construed;
a
will
must
be
executed
in
accordance
Commission
on
Elections
and
the
courts
the
imperative
duty
to
with
the
statutory
requirements,
otherwise
it
is
entirely
void.;
apply
ascertain
by
all
means
within
their
command
who
is
the
real
the
intent
of
the
legislators
and
not
that
of
the
testator,
and
the
latter
candidate
elected
by
the
people.
‘s
intention
is
frequently
defeated
by
the
non-‐observance
of
what
the
statute
requires.
Elections
laws
may
be
divided
into
three
parts
for
purposes
of
applying
the
rules
of
statutory
construction.
Exceptions
and
provisos.
1. The
first
part
refers
to
the
provisions
for
the
conduct
of
As
a
rule,
exceptions
should
be
strictly
but
reasonably
construed;
they
elections
which
elections
officials
are
required
to
follow.
extend
only
so
far
as
their
language
fairly
warrants,
and
all
doubts
2. The
second
part
covers
those
provisions
which
candidates
should
be
resolved
in
favor
of
the
general
provision
rather
than
the
for
office
are
required
to
perform.
exception.
The
court
will
not
curtail
the
former
nor
add
to
the
latter
3. The
third
part
embraces
those
procedural
rules
which
are
by
implication,
and
it
is
a
rule
that
an
express
exception
excludes
all
designed
to
ascertain,
in
case
of
dispute,
the
actual
winner
others,
although
it
is
always
proper
in
determining
the
applicability
of
in
the
elections.
this
rule
to
inquire
whether,
in
the
particular
case,
it
accords
with
reason
and
justice.
“rules
and
regulations
for
the
conduct
of
elections
are
mandatory
before
the
election,
but
when
it
is
sought
to
enforce
them
after
the
Similarly,
a
statute,
rule
or
situation
which
allows
exceptions
to
the
elections
they
are
held
to
be
directory
only,
if
that
is
possible,
requirement
of
warrant
of
arrest
or
search
warrant
must
be
strictly
especially
where,
if
they
are
held
to
be
mandatory,
innocent
voters
construed.
A
preference
is
an
exception
to
the
general
rule
and
it
is
will
be
deprived
of
their
votes,
without
any
fault
on
their
part.
what
its
name
implies.
Generally,
―the
provisions
of
a
statute
as
to
the
manner
of
conducting
the
details
of
an
elections
are
not
mandatory,
but
A
proviso
should
be
interpreted
consistently
with
the
legislative
directory
merely,
and
irregularities
in
conducting
an
elections
and
intent.
The
reason
is
that
the
legislative
purpose
set
forth
in
the
counting
the
votes,
not
proceeding
from
any
wrongful
intent
and
general
enactment
expresses
the
legislative
policy
and
only
those
which
deprives
no
legal
voter
of
his
votes,
will
not
vitiate
an
election
expressly
exempted
by
the
proviso
should
be
freed
from
the
or
justify
the
rejection
of
the
entire
votes
of
a
precinct.
operation
of
the
statute.
The
provisions
of
the
election
law
which
candidates
for
the
office
are
required
to
comply
are
generally
regarded
as
mandatory.
Qualifications
of
candidates,
requiring
the
filing
of
certificates
of
candidacy,
defining
election
offenses,
and
limiting
the
period
within
which
to
file
election
contests,
are
mandatory
and
failure
to
comply
with
such
provisions
are
fatal.
The
provisions
of
the
election
law
designed
to
determine
the
will
of
the
electorate
are
liberally
construed.
Technical
and
procedural
barriers
should
not
be
allowed
to
stand
if
they
constitute
an
obstacle
in
the
choice
of
their
elective
officials.
Election
law
intended
to
safeguard
the
will
of
the
people
in
their
choice
of
their
representatives
should
be
construed
liberally
to
achieve
such
purpose.
Election
protest,
which
should
be
liberally
construed
to
the
end
that
the
popular
will
expressed
in
the
election
of
public
officers
will
not,
by
reason
of
purely
technical
objections,
be
defeated.
Rigid
application
of
the
law
that
will
preclude
the
court
from
ascertaining
the
popular
will
should
be
rejected
in
favor
of
a
liberal
construction
thereof
that
will
subserve
such
end,
where
a
rigid
and
strict
application
and
enforcement
of
provisions
of
the
election
law
will
safeguard
popular
will
and
prevent
transgression
of
suffrage
and
the
mandate
of
the
majority,
the
provisions
will
be
given
strict
construction.
Election
contest,
especially
appreciation
of
ballots,
must
be
liberally
construed
to
the
end
that
the
will
of
the
electorate
in
the
choice
of
public
officials
may
not
be
defeated
by
technical
infirmities.
Rules
of
Court.
The
Rules
of
Court,
being
procedural,
are
to
be
construed
liberally
with
the
end
in
view
of
realizing
their
purpose
–
the
proper
and
just
determination
of
a
litigation.
A
liberal
construction
of
the
Rules
of
Court
requires
the
courts,
in
the
exercise
of
their
functions,
to
act
reasonably
and
not
capriciously,
and
enjoins
them
to
apply
the
rules
in
order
to
promote
their
object
and
to
assist
the
parties
in
obtaining
a
just,
speedy
and
inexpensive
determination
of
their
cases,
means
conducive
to
the
realization
of
the
administration
of
law
and
justice.
Lapses
in
the
literal
observance
of
a
rule
of
procedure
will
be
overlooked
when
they
do
not
involve
public
policy,
when
they
arose
from
an
honest
mistake
or
unforeseen
accident,
when
they
have
not
prejudiced
the
adverse
party
and
have
not
deprived
the
court
of
its
authority.
Conceived
in
the
best
traditions
of
practical
and
moral
justice
and
common
sense,
the
Rules
of
Court
upon-‐splitting
technicalities
that
do
not
square
with
their
liberal
tendency
and
with
the
ends
of
justice.
The
literal
stricture
of
the
rule
has
been
relaxed
in
favor
of
liberal
construction
in
the
following
cases:
1. where
a
rigid
application
will
result
in
a
manifest
failure
or
miscarriage
of
justice.
2. where
the
interest
of
substantial
justice
will
be
served
3. where
the
resolution
of
the
emotion
is
addressed
solely
to
the
sound
and
judicious
discretion
of
the
court
and
4. where
the
injustice
to
the
adverse
party
is
not
commensurate
with
the
degree
of
his
thoughtlessness
in
not
complying
with
the
prescribed
procedure.