AIDS IN INTERPRETATION AND LEGISLATIVE DEFINITION AND

CONSTRUCTIOM INTERPRETATION - IF THE LEGISATURE

HAS DEFINED THE WORDS USED IN THE
INTRINSIC AIDS – Elements found in the law STATUTE AND HAS DECLARED THE
itself CONSTRUCTION TO BE PLACED
THEREON, SUCH DEFINITION OR
EXTRINSIC AIDS – facts or matters not found in CONSTRUCTION SHOULD BE FOLLOWED
the law BY THE COURTS.
WHAT ARE THE INTINSIC AIDS? WHAT ARE THE EXTRINSIC AIDS?

TITLE – THAT WHICH EXPRESSES THE CONTEMPORANEOUS

SUBJECT MATTER OF THE LAW. IT CAN CIRCUMSTANCES – THESE ARE THE
HELP IN THE CONSTRUCTION OF STATUTES CONDITIONS EXISTING AT THE TIME THE
BUT IT IS NOT CONTROLLING AND NOT LAW WAS ENACTED SUCH WITH THE
ENTITLED TO MUCH WEIGHT FOLLOWING:

PREAMBLE – THAT PART OF THE STATUTE
FOLLOWING THE TITLE AND PRECEDING
THE ENACTING CLAUSE WHICH STATES
THE REASONS OR THE OBJECTIVES OF THE
ENACTMENT. IT CANNOT ENLARGE OR
CONFER POWERS, OR CURE INHERENT
DEFECTS IN THE STATUTE.
WORDS, PHRASES AND SENTENCES,
CONTEXT – THE INTENTION OF THE
LEGISLATURE MUST PRIMARILY BE
DETERMINED FROM THE LANGUAGE OF
THE STATUTE AND SUCH LANGUAGE
CONSIST OF THE WORD, PHRASES AND
SENTENCES USED THEREIN. THE MEANING
OF THE LAW SHOULD HOWEVER, BE TAKEN
FROM THE GENERAL CONSIDERATION OF
THE ACT AS A WHOLE AND NOT FROM ANY
SINGLE PART, PORTION OR SECTION OF
FROM ISOLATED WORDS AND PHRASES,
CLAUSES OR SENTENCES USED.
PUNCTUATION – IT IS AN AID OF LOW
DEGREE IN THE LANGUAGE OF THE
STATUTE ADN CAN NEVER CONTROL
AGAINST THE INELLIGIBLE MEANING OF
THE WRITTEN WORD. HOWEVER, IF THE
PUNCTUATION OF THE STATUTE GIVES IT
MEANING THAT IS REASONABLE AND IN
APPARENT ACCORD WITH THE
LEGISLATIVE WILL, IT MAY BE USED AS AN
ADDITIONAL ARGUMENT FOR ADOPTING
THE LITERAL MEANING OF THE WORDS
THUS PUNCTUATED.
HEADING AND MARGINAL NOTES -
IF THE MEANING OF THE STATUTE IS
CLEAR OR OF IF THE TEXT OF THE STATUTE
IS CLEAR, THEY WILL PREVAIL AS AGAINST
THE HEADINGS HAVE BEEN PREPARED BY
THE COMPILERS AND NOT BY THE
LEGISLATURE.
A.) HISTORY OF THE TIMES AND
CONDITIONS EXISTING AT THE TIME THE
LAW WAS ENACTED
B.) PREVIOUS STATE OF THE LAW
C.) THE EVILS SOUGHT TO BE REMEDIED
OR CORRECTED BY THE LAW.
D.) THE CUSTOMS USAGES OF THE
PEOPLE
POLICY- THE GENERAL POLICY OF THE
LAW OR THE SETTLED POLICY OF THE
STATE MAY ENLIGHTEN THE
INTERPRETER OF THE LAW AS TO THE
INTENTION OF THE LEGISLATURE IN
ENACTING THE SAME. HENCE. IF A NEW
AGRARIAN LAW IS ENACTED TODAY
AND FEW YEARS FROM NOW, THERE
WILL ARISE A NEED TO FIND OUT WHY
SUCH A LAW IS ENACTED, THE
CONDITIONS, THE PREVAILING
SENTIMENT OF THE PEOPLE , THE
POLICY OF THE STATE, AND THE
EXECUTIVE ORDER ISSUED BY THE
OFFICE OF THE PRESIDENT PRECEDING
THE LEGISLATIVE ENACTMENT WILL
THROW LIGHT UPON THE INTENTION OF
THE LEGISLATURE IN ENACTING SAID
LAW.
LEGISLATIVE HISTORY OF THE
STATUTE- SUCH HISTORY MAY BE
FOUND IN REPORTS OF LEGISLATIVE
COMMITTEES, IN THE TRANSCRIPTS OF
STENOGRAPHIC NOTES TAKEN DURING
AHEARING, LEGISLATIVE
INVESTIGATION, OR LEGISLATIVE
DEBATES.
CONTEMPORANEOUS AND PRACTICAL
CONSTRUCTION – THOSE WHO LIVED
AT OR NEAR THE TIME WHEN THE LAW
WAS PASSED WERE MORE ACQUAINTED
OF THE CONDITIONS AND THE REASONS
WHY THAT LAW WAS ENACTED. THEIR
UNDERSTANDING AND APPLICATION OF
THE LAW, ESPECIALLY IF THE SAME
WHAS BEEN CONTINUED AND
ACQUIESCED BY THE JUDICIAL
TRIBUNALS AND THE LEGAL
PROFESSION, DESERVE TO BE
CONSIDERED BY THE COURTS.

EXECITIVE CONSTRUCTION – THE

CONSTRUCTION GIVEN BY THE
EXECUTIVE DEPARTMENT DESERVES
GREAT WEIGHT AND SHOULD BE
RESPECTED IF SAID CONSTRUCTION HAS
BEEN FORMED AND OBSERVED FOR THE
LONG PERIF OF TIME.

LEGISLATIVE CONSTRUCTION –
LEGISLATIVE CONSTRUCTION IS
ENTITLED TO CONSIDERATION AND
GREAT WEIGHT BUT IT CANNOT
CONTROL AS AGAINST THE COURTS
PREROGATIVE TO DECIDE ON WHAT IS
THE RIGHT OR WRONG
INTERPRETATION.

JUDICIALCONSTRUCTION – IT IS
PRESUMED THAT THE LEGISLATURE WAS
ACQUAINTED WITH AND HAD IN MIND
THE JUDICIAL CONSTRUCTION OF
FORMER STATUES ON THE SUBJECT. IT IS
ALSO PRESUMED THAT THE STATUTE
WAS ENACTED IN THE LIGHT OF THE
JUDICIAL CONSTRUCTION THAT THE
PROR ENATMENT HAD RECEIVED. WITH
RESPECT TO A STTAUTE ADOPTED FROM
ANOTHER STATE, IT IS PRESUMED THAT
IT WAS ADOTED WITH THE
CONSTRUCTION PLACED UPON IT BY
THE COURTS OF THAT STATE.

CONSTRUCTION BY THE BAR AND

LEGAL COMENTTAORS. - IT IS
PRESUMED THAT THE MEANING
PUBLICLY GIVEN IN A STATITE BY THE
MEMBER OF THE LEGAL PROFESSION IS
A TRUE ONE AND REGARDED AS ONE
THAT SHOULD NOT BE LIGHTLY
CHANGED. THE OPINION AND
COMMENTARIES OF TEXT WRITERS AND
LEGAL COMMENTATORS, WHETHER
THEY ARE FILIPINOS OR FOREIGNERS,
MAY ALSO BE CONSULTED AS, IN FACT,
THEY ARE OFTENTIMES CITED OR MADE
AS REFERENCES IN COURT DECISIONS.