Statutory Construction Reviewer Vena V. Verga and Aris S.

Manguera

STATUTORY CONSTRUCTION REVIEWER

SUMMARY OF AGPALO

(a) Public Statute: which affects the public at large or the

whole community; classifications:
(1) general- which applies to the whole state and
CHAPTER 1 operates throughout the state alike upon all the
people or all of a class;
(2) special- which relates to a particular persons or
I. IN GENERAL
things of a class or to a particular community,
A. Law, in its jural and generic sense, refers to the whole body or
individual or thing;
system of law.
(3) local- whose operation is confined to a specific place
(a) In its jural and concrete sense, law means a rule of
or locality
conduct formulated and made obligatory by legitimate
(b) Private Statute: applies only to a specific person or
power of the state.
subject
(b) Includes:
4. Types according to Duration:
(1) statues enacted by the legislature
(a) permanent statute: whose operation is not limited in
(2) presidential decree
duration but continues until repealed;
(3) executive orders
(b) temporary statute: whose duration is for a limited
Note: 2 and 3 are made by the president in the exercise of his
period of time fixed in the statute itself or whose life
legislative power.
ceases upon the happening of an event.
(4) other presidential issuance in the exercise of his
5. In respect to their application:
ordinance power
(a) prospective
(5) rulings of the Supreme Court
(b) retroactive.
(6) rules and regulation promulgated by administrative
6. Operation:
or executive officers pursuant to a delegated power
(a) declaratory,
(7) ordinances passed by LGU
(b) curative,
B. Statute is an act of legislature as an organized body, expressed
(c) mandatory,
in the form, passed according to the procedure, required to
(d) directory,
constitute it as part of the law of the land.
(e) substantive,
(f) remedial, and
1. Laws which has the same category and binding force are:
(g) penal.
presidential decrees issued during Martial law and executive
7. Form:
orders issued under the Freedom Constitution.
(a) affirmative
2. Types of statutes:
(b) negative
(a) passed by the Philippine Legislature
C. Manner of referring to statutes
(1) Philippine Commission
1. Public Acts:
(2) Philippine Legislature
(a) Philippine Commission and Philippine Legislature
(3) Batasang Pambasna
1901-1935
(4) Congress of the Philippines
(b) Commonwealth Acts: enacted during the
(b) Made by the president
Commonwealth 1936-1946
(1) Presidential decrees (1973 constitution)
(c) Republic Acts: passed by Congress of the Philippines
(2) Executive orders (Freedom Constitution)
1946-1972 and from 1987
3. Other types of Statues

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Note: Statutes may be referred to by its serial number, or its title. will follow the same procedures as a bill originally filed
with it.
II. ENACTMENT OF STATUTES (e) If the other house introduces amendments and the
A. Legislative power is the power to make, alter, and repeals laws. House from which it originated does not agree with said
1. Under the 1973 and freedom constitution, the president amendments, the differences will be settled by the
exercised legislative power which remained valid until Conference Committee of both chambers, whose report
repealed. or recommendation thereon will have to be approved by
2. LGU can enact ordinances within their own jurisdiction, but both Houses in order that it will be considered passed
such laws are inferior and subordinate to the laws of the by Congress and thereafter sent to the President for
state. (Primicias v. Municipality of Urdaneta). action.
3. Administrative or executive officer can make rules and (f) If the President shall veto it, and if after such
regulations to implement specific laws. consideration, two- thirds of all the Members of such
B. Essential feature of the legislative function is the determination House shall agree to pass the bill, it shall be sent,
of the legislative policy and its formulation and promulgation as together with the objections, to the other House by
a defined and binding rule of conduct which it shall likewise be reconsidered, and if approved
C. A bill is a proposed legislative measure introduced by a member by two-thirds of all the Members of that House, it shall
of Congress for enactment into law. become a law.
D. Passage of a bill: E. A bill passed by Congress becomes a law in either of three
1. A bill shall embrace only one subject which shall be ways:
expressed in the title thereof. It shall be signed by its 1. When the President signs it
author and filed with the Secretary of the House. 2. When the President does not sign nor communicate his veto
2. A bill may originate in the lower or upper house except of the bill within thirty days after his receipt thereof
appropriation, revenue or tariff bills, bills authorizing 3. When the vetoed bill is repassed by Congress by two-thirds
increase of public debt, bills of local application, private vote of all its members, voting separately.
bills, which shall originate exclusively in the House of F. Procedure for enactment of appropriations and revenue bills is
Representatives. same with ordinary bills, but it may only come from the lower
3. A bill is approved by either house after it has gone three house. Appropriations bill are subject to the restrictions or
readings on separate days except when the President qualifications as provided in the Constitution [Art VI, Sec. 25]
certifies to the necessity of its immediate enactment. and [Art. VI Sec. 27 (2)]
4. Steps: G. The lawmaking process in Congress ends when the bill is
(a) The Secretary reports for the first reading, which approved by the body. Approval is indispensable to the validity
consists of reading the number and title of the bill, of the bill.
followed by its referral to the appropriate Committee for H. The system of authentication devised is the signing by the
study and recommendation. Speaker and the Senate President of the printed copy of the
(b) Second Reading: the bill shall be read in full with the approved bill, to signify to the President that the bill being
amendments proposed by the Committee, if any, unless presented to him has been duly approved by the legislature and
copies thereof are distributed and such reading is is ready for his approval or rejection.
dispensed with. After the amendments, the bill will be I. The Constitution requires that each House shall keep a journal
voted on second reading. [Art. VI Sec. 16(4)]. The Journal is regarded as conclusive with
(c) Third reading: the bill approved on second reading will respect to matters that are required by the Constitution to be
be submitted for final vote by yeas and nays. No recorded therein. With respect to other matters, in the absence
amendments may be introduced. of evidence to the contrary, the Journals have also been
(d) The bill approved on the third reading by one house is accorded conclusive effect. Considerations of public policy led to
transmitted to the other house for concurrence, which t h e a d o p t i o n o f t h e r u l e g i v i n g ve r i t y ( t r u t h ) a n d

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unimpeachability to legislative records. “Imperative reasons of 2. The title of the bill is to be couched in a language sufficient
public policy require that the authenticity of laws should rest to notify the legislators and the public and those concerned
upon public memorials of the most permanent character. That of the import of the single subject thereof.
the rights acquired today upon the faith of what has been 3. Purpose of one title-one subject rule:
declared to be law shall not be destroyed tomorrow, or at some (a) To prevent hodge-podge or log-rolling legislation
remote period of time, by facts resting only in the memory of (b) To prevent surprise or fraud upon legislature, by means
individuals. of provisions in bills of which the title gave no
J. Enrolled Bill: Under the enrolled bill doctrine, the text of the information, and which might therefore be overlooked
act as passed and approved is deemed importing absolute and carelessly and unintentionally adopted
veracity and is binding on the courts. It is conclusive not only (c) To fairly apprise the people through such publication of
of its provisions but also of its due enactment. legislative proceedings as is usually made, of the
subjects of the legislation that are being heard thereon
If there has been any mistake in the printing of the bill before it was 4. These requirements should be liberally construed (People v.
certified by the officer of the assembly and approved by the chief Buenviaje). It should not be given a technical
executive, the remedy is by amendment by enacting a curative interpretation, nor narrowly construed as to cripple or
legislation, not by judicial decree (Casco Phil. Chemical Co., Inc. v. impede the power of legislation (Tobias v. Abalos).
Gimenez) (Cordero vs. Cabatuando)
5. Title of the statute is used as a guide in ascertaining
Where there is discrepancy between the journal and the enrolled bill, legislative intent when the language of the act does not
the latter as a rule prevails over the former, particularly with respect to clearly express its purpose.
matters not expressly required to be entered in the journal. 6. When there is doubt as to whether the title sufficiently
expresses the subject matter of the statute, the question
K. The legislative journals and the enrolled bill are both conclusive should be resolved against the doubt and in favor of the
upon the courts. However, where there is discrepancy, the constitutionality of the statute (Insular Lumber vs. Court of
enrolled bill as a rule prevails, particularly with respect to Tax Appeals)
matters not expressly required to be entered into the legislative Note: There is sufficient compliance with the one-title-subject
journal. requirement
(a) if the title be comprehensive enough to reasonably
L. WITHDRAWAL OF AUTHENTICATION, EFFECT OF include the general object which a statute seeks to
The Speaker and the Senate President may withdraw their signatures effect, without each and every end and means
from the signed bill where there is serious and substantial discrepancy necessary or convenient for accomplishing the subject.
between the text of the bill as deliberated and shown by the journal (b) if all parts of the law are related and germane to the
and that of the enrolled bill. It thus, renders the bill without attestation subject matter expressed in the title.
and nullifies its status as an enrolled bill. 
 (c) If the title indicates in broad or clear terms, the nature,
The court can declare that the bill has not been duly enacted and did scope, and consequences of the law and its operations.
not accordingly become a law (Astorga v. Villegas). (d) The tile should not be catalogue or index of the bill
(People v. Ferrer).
III. PARTS OF STATUTES 7. Titles ending with “and for other purposes” expresses
nothing as a compliance with the constitutional
A. Title: every bill passed shall embrace only one subject which requirement.
shall be expressed in the title. This provisions contains dual 8. WHEN REQUIREMENT NOT APPLICABLE
limitations upon the legislature: It does not apply to laws in force existing at the time the 1935
1. The legislature is to refrain from conglomeration, under one Constitution took effect (People v. Valensoy), nor to municipal or city
statute, of heterogeneous subjects.

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ordinances because they do not partake of the nature of laws passed by A. Presidential Issuances: those which the President issues in
the legislature. the exercise of his ordinance power, which have the force and
effect of law. They include:
9. Effect pf insufficiency of title B. Administrative orders- acts of the President which relate to
(a) A statue whose title does not conform to the one title- the particular aspects of governmental operations in pursuance
subject or is not related to its subject is null and void. of his duties as administrative head.
(b) If subject matter of statute is not sufficiently expressed C. Proclamations- acts of the President fixing a date or declaring
in its title, only the unexpressed subject matter is void a statute or condition of public moment or interest, upon the
leaving the rest in force. existence of which the operation of a specific law or regulation
B. Enacting Clause: part of the statute written immediately after is made to depend.
the title thereof which states the authority by which the act is D. Memorandum Orders- acts of the President on matters of
enacted administrative detail or of subordinate or temporary interest
C. Preamble: prefatory statement or explanation or a finding of which only concern a particular officer or office of the
facts, reciting the purpose, reason, or occasion for making the government.
law to which it is prefixed. Laws passed by legislature seldom E. Memorandum Circulars- acts of the President on matters
contain the preamble because the statement embodying the relating to internal administration which the President desires
purpose, reason, etc is contained in the explanatory note. to bring to the attention of all or some of the departments,
Presidential decrees and Executive Orders generally have agencies, bureaus, or offices of the government, for information
preambles. or compliance.
D. Purview or body of a statute: part which tells what the law is F. General or specific orders- acts and commands of the
all about. President in his capacity as Commander-in0Chief of the Armed
Forces of the Philippines.
Note: A complex and comprehensive piece of legislation usually G. Executive Orders: acts of the President providing for rules of
contains: a short title, a policy section, definition section, a general or permanent character in the implementation or
administrative section, sections prescribing standards or conduct, execution of constitutional or statutory powers, which do not
section imposing sanctions for violation of its provisions, transitory have the force of statutes.
provision, separability clause, repealing clause, and effectivity clause.
III. SUPREME COURT CIRCULARS; RULES AND REGULATIONS
The constitutional requirement that a bill should have only one subject A. The rule making power of the Supreme Court includes the
matter which should be expressed in its title is complied with where the power to repeal procedural laws/ parts of statues which deal
provisions thereof, no matter how diverse they may be, are allied and with procedural aspects can be modified or repealed by the SC
germane to the subject, or negatively stated, where the provisions are by virtue of its constitutional rule-making power. SC does not
not inconsistent with, but in furtherance of, the single subject matter have the power to promulgate rules which are substantive in
(People v. Carlos). nature; rules promulgated by them must operate only as to
regulate procedure. If it operates as a means of implementing
an existing right then the rules deals merely with procedure.
Separability Clause: part of a statute, which states that if any B. Rules and regulations issued by administrative or executive
provision of the act is declared invalid, the remainder shall not be officers, in accordance with and as authorized by law have the
affected thereby. Such clause is not controlling and the courts may, in same force and effect of law or partake the nature of a statute,
spite of it, invalidate the whole statute where what is left, after the void C. In case of discrepancy or conflict between the basic law and the
part, is not complete and workable. regulations issued to implement it, the former prevails over the
latter (Wise & Co. v. Meer). For it is elementary principle in
II. PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES statutory construction that a statute is superior to an

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administrative regulation and the former cannot be repealed or K. Provincial Ordinance

amended by the latter (China Banking Corp. v. C.A.). Sangguniang panlalawigan- by a vote of a majority of the members
D. The rule-making power of a public administrative agency is a present, there being a quorum, enact ordinance that will affect the
delegated legislative power. province. The ordinance is forwarded to the governor who, within 15
E. The power to fill-in details in the execution, enforcement or days, shall return it with his approval or veto. A vetoed ordinance may
administration of law, it is essential that the said law (a) be be repassed by two-thirds vote.
complete in itself- it must set forth therein the policy to be
executed, carried out or implemented by the delegate; (b) fix a
standard- the limits of which are sufficiently determinable-to IV. VALIDITY
which the delegate must conform in the performance of his A. E ve r y s t a t u t e i s p r e s u m e d va l i d . To d e c l a r e a l aw
functions, marks its limits and maps out its boundaries. unconstitutional, the repugnancy of the law to the Constitution
F. A statutory grant of powers should not be extended by must be clear and unequivocal. To strike down a law, there
implication beyond what may be necessary for their just and must be a clear showing that what the fundamental law
reasonable execution. It is axiomatic that a rule or regulation condemns or prohibits, the statute allows it to be done.
must bear upon, and be consistent with, the provisions of the B. All reasonable doubts should be resolved in favor of the
enacting statute if such rule or regulation is to be valid. constitutionality of law. To doubt is to sustain.
G. When an administrative agency promulgates rules and C. The final authority to declare a law unconstitutional is the SC en
regulations, it ‘makes’ a new law with the force and effect of a banc by the “concurrence of a majority of the Members who
valid law, which are binding on the courts. When it renders an actually took part in the deliberations.”
opinion or gives a statement of policy, it merely interprets a D. Trial courts have jurisdiction to initially decide the issue of
preexisting law; it is only advisory, for it is the courts that constitutionality of a law in appropriate cases.
finally determine what the law means. E. Before the court may resolve the question of constitutionality,
H. Baranggay ordinance: the following requisites should be present:
Sangguniang barangay: smallest legislative body; may pass an 1. Existence of an appropriate case / actual case
ordinance affecting a barangay by a majority vote of all its 2. An interest personal and substantial by the party raising the
members. Its ordinance is subject to review by sangguniang bayan constitutionality
or panlungsod, to determine if it is in accordance with municipal or 3. The plea that the function be exercised at the earliest
city ordinance. Sangguniang Bayan or panlungsod shall take action opportunity
on the ordinance within 30 days from submission. 4. The necessity that the constitutional question be passed
I. Municipal Ordinance upon in order to decide the case.
Sangguniang Bayan: affirmative vote of a majority of the members of F. Legal Standing (locus Standi)- a personal and substantial
the sangguniang bayan, there being a quorum. Ordinance is then interest in the case such that the party has sustained or will
submitted to the municipal mayor, who within 10 days from receipt sustain direct injury as a result of the governmental act that is
shall return it with his approval or veto. The ordinance is then being challenged.
submitted to sangguniang panlalawigan for review, who within 30 days G. How a citizen acquires standing:
may invalidate it in whole or in part. 1. He has suffered some actual or threatened injury as a
J. City Ordinance result of the allegedly illegal conduct of government
Sangguniang panlungsod- affirmative vote of a majority of the 2. Injury is fairly traceable to the challenged action.
members of the sangguniang panlungsod present, and there being a 3. Injury is likely to be redressed by a favorable action
quorum. Approved ordinance shall be submitted to the mayor, who H. Tax payers legal standing:
withn 10 days shall return it with approval or his veto. The 1. When it is established that public funds have been
Sangguniang may repass a vetoed ordinance. If the city is a component disbursed in alleged contravention of the law or the
city, the approved ordinance is submitted to the Sanguniang constitution, or in preventing the illegal expenditure of
panlalawigan, who shall act within 30 days. money raised by taxation.

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2. He will sustain a direct injury as a result of the enforcement 1. The general rule is that an unconstitutional act is not a law.
of the questioned statute. (a) it confers no rights.
I. The SC may take cognizance of a suit which does not satisfy (b) it afford no protection
the requirements of legal standing; the Court has adopted a (c) it imposes no duties
liberal attitude on the locus standi of a petitioner where the (d) it creates no office
petitioner is able to craft an issue of transcendental significance (e) it is inoperative as though it had never been passed.
to the people or paramount importance to the public. 2. Regard should be had to what has been done while the
J. Constitutionality must be raised at the earliest possible time. If statute was in operation and presumed to be valid. Hence,
the question is not raised in the pleadings, ordinarily it may not its operative fact before a declaration of nullity must be
be raised at the trial, and if not raised in the trial, it will not be recognized.
considered in appeal. 3. There are two view on the effects of a declaration of the
K. Exceptions: unconstitutionality of a statute:
1. the question may raised in a motion for reconsideration or (a) Orthodox View -- An unconstitutional law confers no
new trial in the lower court, where the statute sought to be right, is not a law, imposes no duties, affords no
invalidated was not in existence when the complaint was protection; in legal contemplation, it is inoperative, as if
filed or during the trial it had not been passed.
2. the question of validity may also be raised in criminal cases (b) Modern View -- The court in passing upon the
at any stage of the proceedings. question of constitutionality does not annul or repeal
3. In civil cases where it appears clearly that a determination the statute if it is unconstitutional, it simply refuses to
of the question is necessary to a decision and incases recognize it and determines the rights of the parties
where it involved the jurisdiction of the court below. just as if the statute had no existence. It does not
L. Test of constitutionality repeal, supersede, revoke or annul the statute. The
A stature may be declared unconstitutional because: parties to the suit are concluded by the judgment, but
1. it is not within the legislative power to enact no one else is bound.
2. or it creates or establishes methods or forms that infringe O. Invalidity due to change of conditions
constitutional principles
3. its purpose or effect violates the constitution The general rule as to the effects of unconstitutionality of a statute is
4. it is vague. It is vague when it lacks comprehensive not applicable to a statute that is declared invalid because of the
standards that men of common intelligence must change of circumstances affecting its validity. It becomes invalid only
necessarily guess at its meaning and differ in its because the change of conditions makes its continued operation
application. violative of the Constitution, and accordingly, the declaration of its
5. The change of circumstances or conditions may affect the nullity should affect only the parties involved in the case, and its effects
validity of some statues, specially those so-called applied prospectively.
emergency laws designed specifically to meet certain
contingencies. P. Partial Invalidity
M. With respect to ordinances, the test of validity are:
1. Must not contravene the constitution or any statute The general rule is that where part of a statute is void as repugnant to
2. Must not be unfair or oppressive the Constitution, while another part is valid, the valid portion, if
3. Must not be partial or discriminatory separable from the invalid, may stand and be enforced
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy Note: Exceptions to this rule: when the parts are so mutually
6. Must not be unreasonable dependent and connected. The presence of separability clause creates
N. Effects of unconstitutionality the presumption that the legislature intended separability, rather than
complete nullity of the statute.

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3 months from that date shall not be the basis of any

V. EFFECT AND OPERATION sanction against any party or persons.
(b) Each rule shall become effective 15 days from the date
A. When laws take effect of filing as above provided unless a different date is
fixed by law, or specified in the rule in cases of
1. Art 2 of the Civil Code provides that “Laws shall take effect imminent danger to public health, safety and welfare. 

after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise 4. Publication and filing requirements are indispensable to the
provided.” effectivity of rules and regulations, except when the law
2. All laws or statutes, including those of local application and authorizing its issuance dispenses the filing requirements.
private law shall be published as a condition for their C. When local ordinance take effect.
effectivity (Tañada v. Tuvera), otherwise it would violate the 1. Local ordinance shall take effect after 10 days from the
due process clause of the constitution. date a copy thereof is posted in a bulletin board at the
3. The general rule is that where the law is silent as to its entrance of the provincial capitol or city, municipal, or
effectivity, or where it provides that it shall take effect barangay hall, as the case may be, and in atleast two other
immediately or upon its approval, such law shall take effect conspicuous places in the local government unit.
after 15 days from its publication in the Official Gazette. 2. the secretary to the sanggunian shall cause the posting of
4. The completion of publication, from which date the period the ordinance within 5 days after its approval.
of publication will be counted, refers to the date of release 3. The gist of all ordinances with penal sanctions shall be
of the O.G. or newspaper for circulation and not to its date, published in a newspaper of general circulation, within the
unless the two dates coincide. province where the local legislative body concerned
5. The requirement of publication as a condition for the belongs.
effectivity of statues applies to Presidential Issuances, 4. In case of highly urbanized and independent component
except those which are merely interpretative or internal in cities, the main feature of the ordinance or resolution duly
nature not concerning the public. enacted or adopted shall, in addition to being posted, be
published once in a local newspaper of general circulation
B. When presidential issuance, rules, and regulations take effect within the city.
1. The requirement of publication also applies to Presidential 5. Unless a statute is by its provisions for a limited period
issuances. only, it continues in force until changed or repealed by the
Exceptions: those which are merely interpretative or internal in legislature. Law once established continues until changed
nature not concerning the public. by some competent legislative power. It is not changed by
2. Rules and regulations of administrative and executive change of sovereignty.
officers are of two types: D. Manner of computing time:
(a) Whose purpose is to implement or enforce existing law 1. Where a statute requires the doing of an act within a
pursuant to a valid delegation or to fill in the details of specified number of days, such as ten days, from notice, It
a statute; whether they are penal or non-penal; this means 10 calendar days and not working days.
requires publication. 2. Where the word “week” is used as a measure of time and
(b) those are merely interpretative in nature or merely without reference to the calendar, it means a period of
internal in character not concerning the public, does not seven consecutive days without regard to the day of the
need publication. week from which it begins (PNB v. C.A).
3. In addition, the 1987 Administrative Code provides that (a) Year: 365 days
(a) Every agency shall file with the U.P. Law center three (b) months: 30 days except if the months are designated
copies of every rule adopted by it. Rules in force on the by their name
date of effectivity of this Code which are not filed within (c) days: 24 hours

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(d) nights: from sunrise to sunset

(e) week -- a period of 7 consecutive days without regard A. Rules of construction are tools used to ascertain the legislative
to the day of the week from which it begins. intent because in enacting a statute, the legislature is
3. Civil code adopts the 365 day year and the 30-day month presumed to know the rules of statutory construction.
and not the calendar year not the solar month. B. When there is ambiguity in the language of a statute, the rules
4. The exclude- the –first and include the last day rule of statutory construction is employed by the courts in order to
governs the computation of a period. If the last day falls on ascertain the true intent and meaning of the law.
a Sunday or legal holiday, the act can still be done the C. Rules of statutory construction have no binding effect on the
following day. The principle does not apply to the courts. They are only used to clarify, not to defeat, legislative
computation of the period of prescription of a crime, in intent.
which the rule is that if the last days in the period of
prescription of a felony falls on a Sunday or legal holiday, IV. Purpose or object of construction
the information concerning said felony cannot be filed on A. Cardinal rule in interpretation: to ascertain, and give effect to,
the next working day, as the offense has been by then the intent of law.
already prescribed. B. The sole object of all judicial interpretation of a statute is to
determine legislative intent, what intention is conveyed, wither
CHAPTER 2 expressly or impliedly.

V. Legislative intent, generally

Construction and Interpretation
A. It is the essence of the law.
I. Definition of Construction
B. It is the spirit, which gives life to legislative enactment. Intent
must be enforced when ascertained, although it may not be
It is the art or process of discovering and expounding the meaning and
consistent with the strict letter of the statute.
intention of the authors of the law, where that intention is rendered
C. THUS, WHERE A STATUTE IS SUSCEPTIBLE OF MORE THAN
doubtful by reason of the ambiguity in its language or the fact that the
ONE CONSTRUCTION THAT CONSTRUCTION SHOULD BE
given case is not explicitly provided for in the law.
ADOPTED WHICH WILL MOST TEND TO GIVE EFFECT TO THE
MANIFEST INTENT OF THE LEGISLATURE (US vs. Toribio).
It is the drawing of warranted conclusions respecting subjects that lie
D. Intent is equated with the words: purpose, meaning and spirit.
beyond the direct expression of the text, conclusions which are in the
spirit, though not within the letter of the text.
VI. Legislative purpose
II. Difference between construction and interpretation
A. The reason why a particular statue was enacted.
B. Legislation defined
A. Interpretation – art of finding the true meaning and sense of
It is an active instrument of government, which, for purposes of
any form of words
interpretation, means that laws have ends to be achieved.
B. Construction – process of drawing warranted conclusions
C. Statutes should be so construed so as not to defeat but to carry
respecting subjects that lie beyond the direct expressions or
out such ends and purposes. (Litex Employees Assn v.
determining the application of words to facts in litigation.
Eduvala).
Note: Although there is technical distinction between the two, they are
VII. Legislative meaning
alike in practical results. In practice and common usage, they have the
same signification.
A. It is what the law, by its language, means. What it
comprehends, covers or embraces, limits and confines are.
III. Rules of construction, generally
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B. Legislative intent and meaning are synonymous. Thus: IF B. A Supreme Court construes the applicable law in controversies
THERE IS AMBIGUITY IN THE LANGUAGE USED IN THE which are ripe for judicial resolution..
STATUTE, ITS PURPOSED MAY INDICATE THE MEANING OF THE C. Moot and academic cases – cases wherein:
LANGUAGE AND LEAD TO WHAT THE LEGISLATIVE INTENT IS. 1. purpose has become stale
C. The courts, by judicial construction will give effect to such 2. where no practical relief can be granted
intent. 3. which have no practical effect
D. The court may nonetheless resolve a moot case where public
VIII. Matters inquired into in construing a statute interest requires its resolution.
E. Laws are not interpreted in a vacuum, they are always decided
[Link] the intention or meaning of the statute (internal based on facts. Thus, “LAWS ARE INTERPRETED ALWAYS IN
element) THE CONTEXT OF THE PECULIAR FACTUAL SITUATION OF EACH
2. see whether the intention or meaning has been expressed CASE. THE CIRCUMSTANCE OF TIME, PLACE, EVENT, PERSON
in such a way as to give it legal effect and validity (external AND PARTICULARLY ATTENDANT CIRCUMSTANCES SHOULD BE
element) TAKEN IN THEIR TOTALITY SO THAT JUSTICE CAN BE
Note: Legal act then originates in intention and is perfected by RATIONALLY AND FAIRLY DISPENSED” (Philippines Today, Inc
expression. Failure of the latter may defeat the former. vs. NLRC).

IX. Source of legislative intent XI. Legislature cannot overrule judicial construction

A. Primary source: statute itself. A. Legislature may indicate its construction of a stature in the
1. LEGISLATIVE INTENT MUST BE DISCOVERED FROM THE form of a resolution or declaratory act BUT it has no power to
FOUR CORNERS OF THE LAW (Regalado vs. Yulo) overrule the interpretation or construction of a statute or the
2. Where the words and phrases of a statute are not obscure constitution by the Supreme Court, for interpretation is a
or ambiguous, its meaning and the intention of the judicial function assigned to the latter by the fundamental law.
legislature must be determined from the language B. Reason: Because of the principle of separation of powers. The
employed. (B.E. San Diego, Inc. vs. CA) legislature may enact and make laws but as to interpretation
B. Other sources: and application of said laws belong exclusively to the judicial
1. purpose of the statute department.
2. the reason or cause which induced the enactment of the
law XII. When judicial interpretation may be set aside:
3. the mischief to be suppressed
4. the policy which dictated its passage. 1. The Supreme Court itself may, in appropriate case, change
or overrule its previous construction.
C. If these sources fail, the court may look into the effect of the 2. The rule that Supreme Court has the final word in the
law. interpretation of a statue merely means that the legislature
Note: Judicial legislation – happens when the court looks into the cannot, by law or resolution, modify or annul the judicial
effect of the law without ascertaining the other sources of legislative construction without modifying or repealing the very statute
intent. which has been the subject of construction.

X. Construction is a judicial function XIII. When court may construe statute:

A. The power and duty to interpret or construe a statue or the A. There must be doubt or ambiguity in its language. ONLY
Constitution belong to the judiciary. STATUTES WITH AN AMBIGUOUS OR DOUBTFUL MEANING MAY

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BE THE SUBJECT OF STATUTORY CONSTRUCTION. (Daong vs. overruling a previous one be applied retroactively so as to
Municipal Judge) nullify a right which arose under the previous ruling before its
abandonment
B. Ambiguity – a condition of admitting two or more meanings, of B. Lex prospicit, non respicit (the law looks forward not backward)
being understood in more than one way or of referring to two – Art. 4 of the civil code.
or more things at the same time. C. The Supreme Court may abandon or overrule its earlier decision
construing a statute whenever it is right and prosper to do so.
XIV. Court may not construe where the statute is clear. D. No doctrine or principle of law laid down by the Court in a
decision rendered en banc or in division may be modified or
A. Construction or interpretation comes only after it has been reversed except by the court sitting en banc. Said ruling must
demonstrate that application is impossible or inadequate be applied prospectively.
without it. It is the last function the court should exercise, for E. The interpretation of a statute by the Supreme Court remains
if there is more application and less construction, there would to be part of the legal system until the latter overrule it and the
be more stability in law. new doctrine overruling the old is applied prospectively in favor
B. Court may not construe a statute that is clears and free from of the persons who have relied thereon in good faith.
doubt. WHEN THE LAW IS CLEAR, THERE IS NO ROOM FOR
INTERPRETATION. THERE IS ONLY ROOM FOR APPLICATION XVI. COURT MAY ISSUE GUIDELINE IN CONSTRUING STATUTE
(Cebu Portland Cement Co. vs. Municipality of Naga) NOT TO ENLARGE OR RESTRICT IT BUT TO CLEARLY
C. Fidelity to such task precludes construction and interpretation, DELINEATE WHAT THE LAW REQUIRES (ex. Case of People
unless application is impossible or inadequate without it. vs. Ferrer where the court issued guidelines for prosecution
D. When the law is free from ambiguity, the court may not engraft under the Anti-Subversion Law).
into the law qualifications not contemplated.
E. A meaning that does not appear nor is intended or reflected in XVII. LIMITATIONS ON THE POWER TO CONSTRUE:
the very language of the statute cannot be placed therein by
construction. 1. Courts may not enlarge nor restrict statutes (doing so
F. It is a principle in statutory construction that where the two would be considered law making).
statutes that applies in a particular case, that which was (a) Courts may not revise even the most arbitrary and
specifically designed for the said case must prevail over the unfair action of the legislature
other. (Lapid vs. CA) (b) Courts may not rewrite the law to conform with what
they think should be the law.
XV. Rulings of the Supreme Court as part of the legal system. (c) Courts may not interpret into the law a requirement
which the law does not prescribe.
A. Legis interpretato legis vim obtinet –authoritative interpretation 2. Courts must not be influenced by questions of wisdom.
of the Supreme Court or a statute acquires the force of law by (a) They must not pass upon questions of wisdom, justice,
becoming a part thereof. or expedience of legislation, for it is not within their
B. Rulings of the SC are laws in their own right because they province to supervise legislation.
interpret what the law say or mean. (b) As long as laws do not violate the constitution, the
C. Stare decisis et non quieta novere – rulings of the supreme courts merely interpret and apply them regardless of
court, until reversed, are binding upon inferior courts. whether or not they are wise or salutary.
(c) Questions regarding wisdom, morality or practicability
XVI. Judicial rulings have no retroactive effect
 of statutes are not addressed to the judiciary by may
be resolved only the legislative and executive
A. Judicial ruling cannot be given a retroactive effect because departments.
dong so will impair vested rights. Nor may judicial ruling

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CHAPTER 3
The best source from which to ascertain the legislative intent is the
statute itself – the words, phrases, sentences, sections, clauses,
provisions – taken as a whole and in relation to one another.
I. GENERALLY : Where the meaning of a statute is ambiguous,
(Commissioner of Internal Revenue v. TMX Sales).
the court may avail itself of all legitimate aids to construction in
order that it can ascertain the true intent of the statue.
VI. PUNCTUATION MARKS: aids of low degree and can never
control the intelligible meaning of written words; may be used
II. THE TITLE OF THE STATUTE
to clear ambiguities.
1. It serves as aid in case of doubt in its language, to its
construction and ascertaining legislative will.
Punctuation marks are aids of low degree and can never control against
2. Used by the court to clear the obscurity.
the intelligible meaning of written word. The reason is that punctuation
3. An aid when there is doubt as to the meaning of the law.
marks are not part of a stature; nor are they part of the English
language (Feliciano v. Aquino).
III. WHEN THE TEXT OF THE STATUTE IS CLEAR AND FREE
FROM DOUBT, IT IS IMPROPER TO RESORT TO ITS TITLE
A. Semi-colon – indicates a separation in the relation of the
TO MAKE IT OBSCURE.
thought, a degree greater than that expressed by a comma.
Makes the difference being that the semi-colon makes the
IV. PREAMBLE
division a little more pronounced
B. Comma – also separates the parts and sentences, but less
1. that part of the statute written immediately after its title,
pronounced than the comma.
which states the purpose, reason or justification for the
C. Period – used to indicate the end of a sentence.
enactment of the law.
2. Expressed in the ‘Whereas Clause’
Note: An argument based upon punctuation alone is not persuasive,
3. Usually omitted in statutes made by the congress. In its
and the courts will not hesitate to change the punctuation when
place, these legislative bodies used the explanatory note to
necessary, to give the statute the effect intended by the legislature.
explain the reasons for the enactment of statutes.
4. Not an essential part of a statute.
VII. CAPITALIZATION OF LETTERS – also an aid of low degree in
(a) Thus, where the meaning if a statute is clear and
the construction of statute.
unambiguous, the preamble can neither expand nor
restrict its operation, much less prevail over its text.
VIII. HEADNOTES OR EPIGRAPHS – convenient index to the
(b) It cannot be used as basis for giving a statute a
content of its provisions.
meaning not apparent on its face.
5. It may clarify ambiguities (thus it is the key of the statute)
(a) In case of doubt or ambiguity in the meaning of the law
6. It may express the legislative intent to make the law apply
or the intention of the legislature, they may be
retroactively, in which case the law has to be given
consulted in aid or interpretation.
retroactive effect, so as to carry out such intent (PNB v.
(b) They are not part of the law thus, they can never
Office of the President).
control the plain terms of the enacting clauses.
(c) When the text of the statute is clear and unambiguous,
V. CONTEXT OF WHOLE TEXT
there is neither necessity nor propriety to resort to
headings and epigraphs for the interpretations of the
Legislative intent should accordingly be ascertained from a
text.
consideration of the whole context of the stature and not from an
isolated part of particular provision (Aboitiz Shipping Corp. v. City of
Cebu).
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(d) These secondary aids may be consulted to remove, but A. The policy of the law, once ascertained should be given effect
not to create, doubt nor to limit or control the plain by the judiciary.
language of the law. B. In order to accomplish this, a statue of a doubtful meaning
must be given a construction that will promote public policy.
IX. LINGUAL TEXT C. A construction which would carry into effect the evident policy
A. Philippines laws are official promulgated either in: of the law should be adopted in favor of that interpretation
which would defeat it.
1) English
2) Spanish XII. PURPOSE OF THE LAW OR MISCHIEF TO EB SUPPRESSED.
3) Filipino A. The following factors must be considered in the construction of
4) Or either in two such languages a law:

B. Rules: 1. the purpose or object of the law

(a) if text is in English and Spanish, English text shall 2. mischief intended to be removed or suppressed
govern. 3. causes which induced the enactment of the law.
(b) But in case of ambiguity, omission, or mistake, the B. The purpose of a statute is more important than rules of
Spanish text may be consulted to explain the English grammar and logic in ascertaining its meaning.
text.
(c) If statute is officially promulgated in Spanish, English or XIII. DICTIONARIES
in Filipino with translations into other languages, the A. The courts may consult dictionaries, legal, scientific or general
language in which it is written prevails over its as aid in determining the meaning of words or phrases in a
transaction. statute if said statutes does not define the word and phrases
(d) In the interpretation of a law or administrative issuance used therein.
promulgated in all the official languages (Filipino), the B. However, these definitions are not binding
English text shall control, unless otherwise specifically
provided. In case of ambiguity, omission or other XIV. CONSEQUENCES OF VARIOUS CONSTRUCTIONS
mistake, the other texts may be consulted. In construing a statute, the objective should always be to arrive at a
reasonable and sensible interpretation that is in full accord with the
X. INTENT OR SPIRIT OF THE LAW legislative intent. As a general rule, a construction of a statute should
be rejected that will cause
A. The intent or spirit of the law is the law itself, thus the 1. injustice or hardship;
legislative intent is the controlling factor, the leading star and 2. result in absurdity;
the guiding light in the application and interpretation of a 3. defeat legislative intent or spirit;
statute. 4. preclude accomplishment of legislative purpose or object;
B. The spirit rather than the letter of a stature determines its 5. render certain words or phrases a surplusage;
construction. 6. nullify the statute or make any of its provision nugatory.
C. If legislative intent is not expressed in the law, the courts
cannot by interpretation speculate as to an intent and supply a XV. PRESUMPTIONS
meaning not found in the phraseology of the law. They cannot A. In construing a statue, the court may properly rely on
assume an intent, otherwise, they would be usurping legislative presumptions as to legislative intent in order to resolve doubts
power. as to its correct interpretation.
B. Presumption are based on:
XI. Policy of law. 1. logic
2. experience

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3. common sense
C. These presumptions include presumptions in favor of: D. President’s message to the legislature
1. constitutionality of a statute
2. of its completeness 1. President’s address (State of the Nation Address) – address
3. of its prospective operation to the Congress at the opening of the regular session.
4. of right and justice, Contains:
5. of its effect, sensible, beneficial and reasonable operation
as a whole, (a) proposed legislative measures
6. as well as those against impossibility, absurdity, injustice (b) indicates the president’s thinking on the proposed
and hardship, inconvenience and ineffectiveness. legislation, which when enacted into law, follows his line
of thinking
XVI. LEGISLATIVE HISTORY
E. Explanatory Note – a short exposition of explanation
WHERE A STATUTE IS SUSCEPTIBLE OF SEVERAL INTERPRETATIONS accompanying a proposed legislation by its author or
OR WHERE THERE IS AMBIGUITY IN ITS LANGUAGE, THERE IS NO proponent. Contains:
BETTER MEANS IF ASCERTAINING THE WILL AND INTENTION OF THE (a) statement of the reason or purpose of the bill
LEGISLATURE THAN THAT WHICH IS AFFORDED BY THE HISTORY OF (b) arguments advanced by its author in urging its passage
THE STATUTE.
WHERE THERE IS AMBIGUITY IN A STATUTE OR WHERE A STATUTE IS
XVII. WHAT CONSTITUTES LEGISLATIVE HISTORY SUSCEPTIBLE OF MORE THAN ONE INTERPRETATION, COUTS MAY
RESORT TO THE EXPLANATORY NOTE TO CLARIFY THE AMBIGUITY AND
A. all antecedents from the statutes inception until its enactment ASCERTAIN THE PUSPOSE OR INTENT OF THE STATUTE.
into law.
Note:
(a) Includes the presidents message if bill was enacted in
response thereto (a) The explanatory not be used as basis for giving a
(b) Explanatory note accompanying the bill statute a meaning that is inconsistent with what is
(c) Committee reports of legislative investigations expressed in the text of the statute.
(d) Public hearings on the subject of the bill (b) Explanatory note is only resorted to only for clarification
(e) Sponsorship speech in case of doubt, and not where there is no ambiguity in
(f) Debates and deliberations concerning the bill the law.
(g) Amendments and changes in phraseology it has (c) This is a mere expression of author’s views and reasons
undergone before final approval. for the proposed legislation and may not accordingly
override the clear intent as expressed in the statute
B. If statute is a revision of prior statute, the latter’s practical
application and judicial construction amendments it underwent F. Legislative debates – may be resorted to when there is doubt
and contemporary events during the time of its enactment shall as to what a provision of a statute means. However, the views
form part of its legislative history. expressed by the legislators during deliberations of a bill as to
C. Foreign statute, history includes: the bill’s purpose are not controlling in the interpretation of the
law.
1) history of Anglo-American precedents or other foreign sources
2) their practical application and the decision of the courts The opinions and views expressed by the legislators during floor
construing and applying such precedents in the country of deliberations of a bill may not be given weight at all in any of the
origin. following instances:

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a) where the circumstances indicating meaning of a

statute other than that expressed by the legislators RULE: An Amendment of a statute indicates a change in meaning
b) where the views expressed were conflicting from that which the statute originally had.
c) where the intent deducible from such views is not
clear (a) This applies only when the deleted words or phrases are
d) where the statute involved is free from ambiguity. not surplusage or when the intention is clear to change
the previous meaning of the old law.
WHERE TWO OR MORE STATUTES RELATING TO THE SAME SUBJECT (b) The rule does not apply where the intent is clear that
MATTER WERE ENACTED BY DIFFERRENT ASSEMPBLIES, NEITHER IS the amendment is precisely to plainly express the
QUALIFIED TO SPEAK ABOUT THE INTENT OF THE OTHER. construction of the act prior to its amendment.
(c) In codification of statues or revision, neither alteration
G. Reports of commissions in phraseology not the omission or addition of words in
the latter statute will be held to alter the construction of
1) Commissions – are usually formed to compile and collate all the former act or acts.
laws on a particular subject and to prepare the draft of the K. Adopted statues
proposed code. 1. The general rule is that where local statues are pattered
2) Special commissions were created to draft the text of the RPC after or copied from those of another country, the decision
and Civil Code. of the courts in such country construing those laws are
entitled to great weight in the interpretation of such local
H. Prior laws from which statute is based statues and will be generally followed if found reasonable
1) In ascertaining the intention of the lawmaker, courts are and in harmony with justice, public policy and other local
permitted to look to prior laws on the same subject and to statues on the subject.
investigate the antecedents of the statute involved. 2. Example of such statues:
2) This is applicable in the interpretation of: (a) corporation law
(a) Codes (b) tax code
(b) Revised or compiled statutes (c) labor laws
3) Prior laws, which have been codified, compiled or revised, (d) naturalization law
reveal the legislative history that will clarify the intent of the (e) Rules of court
law or shed light on the meaning and scope of the codified or 3. Limitations of the rule:
revised statute. (a) where the local law and id the foreign statute from
which the former was patterned differ in some
I. Change in phraseology by amendments – also indicates material aspects
legislative intent to change the meaning of provision from that (b) foreign construction is clearly erroneous or has not
or originally had. become settled
(c) where the adopting state has given the statute its own
J. Amendment by deletion interpretation
L. Principles of Common law
1. Amendment by deletion of certain words or phrases in a If there is a conflict between the common law principle and statutory
statute indicates that the legislature intended to change the principle, the latter prevails.
meaning of the statute, for the presumption is that the XIX. CONTEMPORARY CONSTRUCTION
legislature would not have made the deletion had the
intention been not to effect a change in its meaning. A. Definition: these are constructions placed upon statues at the
2. The amended statute should accordingly be given a time of, or after, their enactment by the executive, legislature
construction different from that previous to its amendment. or judicial authorities, as well as by those who, because of their

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involvement in the process of legislation, are knowledgeable of This contemporaneous construction is not binding upon the court. The
the intent and purpose of the law. court may disregard it:
B. Contemporanea expositio est optima et fortissima in lege – the 1. where there is no ambiguity in the law
contemporary construction is strongest in law. 2. where the construction is clearly erroneous
C. Contemporaneous construction is the construction placed upon 3. where strong reason to the contrary exists
the statute by an executive or administrative officer called upon 4. where the court has previously given the statue a different
to execute or administer such statue. interpretation
D. Executive and administrative officers are generally the very first G. If there is an error in implementation of the law, such error
official to interpret the law. These interpretations are in the may be corrected. The doctrine of estoppel does not apply.
form of: H. As a rule, erroneous contemporaneous construction creates no
1. rules vested right on the part of those who relied and followed such
2. regulations construction. But this rule is not absolute. There may be
3. circulars exeptions in the interest of justice and fair play (ex. Tax cases)
4. directives I. Legislative interpretation: the legislature may provide an
5. opinions and interpretation or declaration clause in a statue by they cannot
6. rulings. limit or restrict the power granted to courts.
E. Types of executive interpretation: 1. While legislative interpretation is not controlling, courts
1. construction by an executive or administrative officer may resort to it to clarify ambiguity in the language.
directly called to implement the law which may be: 2. such legislative interpretation is entitled of respect
(a) expressed (ex. Interpretation embodied in circulars, especially of the executive department has similarly
directive or regulation) construed the statute.
(b) implied. (a practice of enforcement of not applying the J. Legislative approval – the legislature, by action or inaction
statute to certain situations) approve or ratify such contemporaneous construction. Such
2. Construction by the Secretary of Justice in his capacity as approval may manifest in many ways such as:
the chief legal adviser of the government in the form of 1. when it reenacts statute previously given a
opinions. In the absence of the ruling of a president, the contemporaneous construction
opinions of Sec. Of Justice is controlling among 2. when it amends a prior statute without providing anything
administrative and executive officials. which would restrict, change, nullify the previous
3. Interpretation handed down in and adversary proceeding in contemporaneous construction.
the form of a ruling by an executive office exercising quasi- 3. appropriation of money for the officer designated to
judicial power. perform a task pursuant to an interpretation of a stature
4. non-repudiation of the construction.
Note: In the absence of error or abuse of power or lack of Note: Ratiohabitio Mandati aequiparatur –legislative ratification is
jurisdiction or grave abuse of discretion clearly conflicting with equivalent to mandate.
either the letter or the spirit of a legislative enactment creating or
changing a governmental agency, the action of the agency would K. Stare decisis
not be disturbed by the courts. 1. Stare decisis et non quieta movere— one should follow past

 precedents and should not disturb what has been settled.
E. Reason why contemporaneous construction is given much weight: it Reason for such doctrine: the supreme court has a duty not only of
comes from the particular branch of government called upon to interpreting and applying the law but also in protecting the society
implement the law thus construed – these same people are the drafters from needless upheavals. Interest reipublicae ut sit finis litium –
of the law they interpret. interest of then state demands that there be an end to litigation.

F. When to disregard Contemporaneous construction

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2. A ruling in order to come within the doctrine of stare • Grant of the greater power includes the lesser
decision must be categorically stated in the issue expressly • Grant of the lesser power does not include the greater
raised by the parties; must be a direct ruling. • Where there is right there is a remedy for violation thereof
3. Rulings that are merely sub silencio are merely obiter • Court’s jurisdiction cannot be implied from the language of the
dictum (an opinion of the court upon some question of law statute nor can the Rules of Court confer it.
which is not necessary to the decision of the case before it; • In the grant of jurisdiction to a court, it is implied to carry with it
not binding) necessary and incidental powers and means essential to make its
4. This doctrine is not absolute because Supreme Court may jurisdiction effective
change or abandon a precedent enunciated by it. • Where a general power is conferred or duty enjoined, every
particular power necessary for the exercise of one is also conferred.
CHAPTER 4
• What is implied should not be against the law
• Authority to charge against public fund may not be implied
• What cannot be done directly cannot be done indirectly
GENERAL RULE: • An act in violation of a statute prohibiting such act shall be implied
Statute must be given its literal meaning and applied without
as null and void
attempted interpretation regardless of who may be affected, even if it
PLAIN MEANING RULE
may be harsh or onerous.
When the words and phrases of the statute are clear and unequivocal,
their meaning must be determined from the language employed and
WHEN A STATUTE IS AMBIGUOUS, THEN THE COURT MAY
the statute must be taken to mean exactly what it says. What is not
RESORT TO DEPARTURE FROM LITERAL INTERPRETATION. IN
clearly provided in the law cannot be extended to those matters outside
SUCH A CASE, THE STATUTE MUST BE INTERPRETED IN SUCH A
of scope. Where the law is clear, appeals to justice and equity as
WAY THAT:
• Interpretation will give the statute efficacy justification to construe it differently are unavailing.
• Purpose will be achieved Verba legis- plain meaning rule
• Absurdity and inconvenience will be avoided Index animi sermo- speech is the index of intention
• Impossible will not be required Verba legis non est recedendum- from the words of a statute, there
• Right and justice will be favored must be no departure
• Injustice will be avoided Maledicta est expositio quae corrumpit textum- it is dangerous
• Danger to public interest will be avoided construction which is against the text
Absoluta sentetia expositore non indiget – when the language of the
law is clear, no explanation is required
COURTS IN CONSTRUCTION OF STATUTE MAY:
• Correct clerical errors
• Supply the omissions DURA LEX SED LEX
• Disregard surplus and superfluity Dura lex sed lex – the law may be harsh, but it is still the law
• Disregard redundant words Hoc quidem perquam durum est, sed ita lex scripta est – it is
• Disregard looser obscure words exceedingly hard but so the law is written.
Aequitas nunquam contravenit legis- Equity never acts in contravention
of the law
IT MUST BE NOTED THAT:
• When the reason for the law ceases, the law itself ceases
STATUTE MUST BE CAPABLE OF INTERPRETATION, OTHERWISE
• Words in the plural include the singular and vice-versa
INOPERATIVE
• The masculine (not the feminine), includes all genders
Where the statute totally fails to express a meaning, and no judicial
• Words in plural include the singular and vice versa
certainty can be had, then it is necessarily inoperative
• EVERY RULE HAS EXCEPTIONS
Interpreatio fienda est ut res magis valeat quam pereat – interpretation
as will give the thing efficacy is to be adopted.
IMPLICATIONS:
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WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW

The spirit of the law controls the letter.
Ratio legis – reason of the law

LITERAL IMPORT MUST YIELD TO INTENT

Where legislative intent apparently conflicts with the letter of the law,
the former prevails over the latter. Primary rule in construction is to
ascertain and give effect to the intent.
Verba intentioni, non e contra, debent inservire – words ought to be
more subservient to the intent and not the intent to the words.

CONSTRUCTION TO ACCOMPLISH PURPOSE

If the statute needs construction, the most dominant in that process is
the purpose of the act. It is imperative that the law be interpreted in a
manner that would stave off any attempt at circumventing the
legislative purpose.

WHEN REASON OF LAW CEASES, LAW ITSELF CEASES

Cessante ratione legis, cessat ipsa lex
Ratio legis est anima – reason of the law is its soul
SUPPLYING LEGISLATIVE OMISSION

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CHAPTER 5
• In construing words and phrases, the general rule is that in the
absence of legislative intent to the contrary, they should be given
I. Generally
• A word or phrase used in a statute may have an ordinary, generic, their plain, ordinary, and common usage meaning.
• For words are presumed to have been employed by the lawmaker in
restricted, technical, legal, commercial or trade meaning.
• Which meaning should be given depends upon what the legislature their ordinary and common use and acceptation.
• The grammatical and ordinary reading of a statute must be
intended. As a general rule in interpreting the meaning and scope
presumed to yield its correct sense.
of a term used in the law, a careful review of the whole law • Ubi lex non distinguit nec nos distinguere debemus
involved, as well as the intendment of law, ascertained from a
V. General Words construed generally
consideration of the statute as a whole and not of an isolated part • Generalia verba sunt generaliter intelligenda or what is generally
or a particular provision alone, must be made to determine the real
spoken shall be generally understood or general words shall be
intent of the law.
understood in a general sense.
• Generale dictum generaliter est interpretandum. A general
II. Statutory Definition
statement is understood in a general sense.
• The legislative definition controls the meaning of a statutory word, • Where a word used in a statute has both a restricted and general
irrespective of any other meaning the word or phrase may have in
meaning, the general must prevail over the restricted unless the
its ordinary or usual sense.
nature of the subject matter or the context in which it is employed
• For the legislature, in adopting a specific definition is deemed to
clearly indicates that the limited sense is intended.
have restricted the meaning of the word within the terms of the • A general word should not be given a restricted meaning where no
definition.
restriction is indicated.
• When the legislature defines a word, it does not usurp the court’s
function to interpret the laws but it merely legislates what should
VI. Generic term includes things that arise thereafter
form part of the law itself. • progressive interpretation: extends by construction the application
• While the definition of terms in a statute must be given all the
of a statute to all subjects or conditions within its general purpose
weight due to them in the construction of the provision in which
or scope that come into existence subsequent to its passage and
they are used, the terms or phrases being part and parcel of the
thus keeps legislation from becoming ephemeral and transitory
whole statute must be given effect in their entirety as a
unless there is a legislative intent to the contrary.
harmonious, coordinated and integrated unit, not as a mass of • It is a rule of statutory construction that legislative enactments in
heterogeneous and unrelated if not incongruous terms, clauses and
general and comprehensive terms, prospective in operation, apply
sentences.
alike to all persons, subjects and business within their general
purview and scope coming into existence subsequent to their
III. Qualification of rule
passage.
• The statutory definition of a word or term “as used in this Act” is
controlling only in so far as said act is concerned.
VII. Words with commercial or trade meaning
• The general rule that the statutory definitions control the meaning • Words and Phrases, which are in common use among merchants
of statutory words does not apply where its application creates
and traders, acquire trade or commercial meanings which are
obvious incongruities in the language of the statute, destroys one
generally accepted in the community in which they have been in
of its major purposes, or becomes illogical as a result of a change
common use.
in its factual basis. • Settled is the rule that in the absence of legislative intent to the
• However, in a subsequent case, it was held that of a statute
contrary, trade or commercial terms, when used in a statute are
remains unchanged, it must be interpreted according to its clear,
presumed to have been used in their trade or commercial sense.
original mandate until the legislature amends it.
VIII. Words with technical or legal meaning
IV. Words construed in their ordinary sense

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• As a general rule, words that have or have been used in, a technical statute should be construed as a whole, and each of its provisions
sense or those that have been judicially construed to have a certain must be given effect.
meaning should be interpreted according to the sense in which they • A word or provision should not be construed in isolation from, but
have been previously used, although the sense may vary from the should be interpreted in relation to, the other provisions of a
strict or literal meaning of the words. statute or other statutes dealing on the same subject.
• The technical or legal, not the ordinary or general meaning of a • The word or provision should not be given a meaning that will
word used in a statute should be adopted in the construction of the restrict or defeat, but should instead be construed to effectuate,
statute, in the absence of nay qualification or intention to the what has been intended in an enacting law.
contrary.
XII. Meaning of term dictated by context
IX. How identical terms in same statute construed • While ordinarily a word or term used in a statute will be given its
• The general rule is that a word or phrase repeatedly used in a usual and commonly understood meaning, the context in which the
statute will bear the same meaning throughout the statute. word or term is employed may dictate a different sense.
• The same word or substantially the same phrase appearing in • The context in which the word is used oftentimes determines its
different parts of a statute will be accorded a generally accepted meaning.
and consistent meaning, unless a different intention appears or is • A word is understood in the context in which it is used. Verba
clearly expressed. accipienda sunt secundum materiam
• The reason for the rule is that a word used in a statute in a given • The context may likewise give a broad sense to a word of otherwise
sense is presumed to be used in the same sense throughout the ordinarily limited meaning.
law. • The context may also limit the meaning of what otherwise is a word
• It is particularly applicable where in the statute the words appear of broad signification.
so near each other physically and particularly where the word has a
technical meaning and that meaning has been defined in the
statute. XIII. Where the law does not distinguish
• Where the law does not distinguish, courts should not distinguish.
X. Meaning of word qualified by purpose of statute Ubi lex non distinguit, nec nos distinguere debemus.
• The meaning of a words or phrase used in a statute may be • The rule founded on logic, is a corollary of the principle that general
qualified by the purpose which induced the legislature to enact the words and phrases in a statute should ordinarily be accorded their
statute. natural and general significance
• In construing a word or phrase, the court should adopt that • The rule requires that a general term or phrase should not be
interpretation that accords best with the manifest purpose of the reduced into parts and one part distinguished from the other so as
statute or promotes or realizes its object. to justify its exclusion from the operation of the law.
• It is generally recognized that if a statute is ambiguous and capable • A corollary of the principle is the rule that where the law does not
of more than one construction, the literal meaning of the word or make any exception, court may not except something therefrom,
phrase used therein may be rejected if the result of adopting such unless there is compelling reason apparent in the law to justify it.
meaning will be to defeat the purpose which the legislature had in • Ubi lex non distinguit, nec non distinguere debemus, applies not
mind. only in the construction of general words and expressions used in a
statute but also in the interpretation of a rule laid down therein.
XI. Word or phrase construed in relation to other • This principle assumes that the legislature made no qualification in
provisions the use of a general word or expression.
• The general rule is that a word, phrase or provision should not be • The courts may distinguish when there are facts or circumstances
construed in isolation but must be interpreted in relation to other showing that the legislature intended a distinction or qualification,
provisions of the law. This rule is a variation of the rule that a for in such a case, the courts merely give effect to the legislative
intent.

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[Link] generis
XIV. Disjunctive and conjunctive words • While general words or expressions in a statute are, as a rule,
• The word “or” is a disjunctive term signifying disassociation and accorded their full, natural, and generic sense, they will not be
independence of one thing from each of the other things given such meaning if they are used in association with specific
enumerated. It should be construed in the sense in which it words or phrases.
ordinarily implies, as a disjunctive word. • General rule is that where a general word or phrase follows an
• The use of the disjunctive word “or” between two phrases connotes enumeration of particular and specific words of the same class or
that either phrase serves as qualifying phrase. where the latter follow the former, the general word or phrase is to
• The term “or” has sometimes been held to mean “and”, when the be construed to include, or to be restricted to, persons, things, or
spirit or context of the law so warrants. cases akin to, resembling, or of the same kind or class as those
• The word “or” may also be used as the equivalent of “that is to say” specifically mentioned.
giving that which it preceded it the same significance as that which • Where a statute describes things of particular class or kind
follows it. It is not always disjunctive and is sometimes accompanied by words of a generic character, the generic words will
interpretative or expository of the preceding word. usually be limited to things of a kindred nature with those
• The word “or” may also mean successively. particularly enumerated, unless there be something in the context
• The word “and” is a conjunction pertinently defined as meaning of the statute to repel such inference.
“together with”, “joined with”, “along or together with”, “added to or • Purpose: give effect to both the particular and general words, by
linked to”, used to conjoin word with word, phrase with phrase, treating the particular words as indicating the class and the general
clause with clause. words as indicating all that is embraced in said class, although not
• The word “and” does not mean “or”; it is a conjunction used to specifically named by particular words.
denote a joinder or union, “binding together”, “relating the one to • This principle is based on the proposition that had the legislature
the other”. intended the general words to be used in their generic and
• However, “and” may mean “or” as an exception to the rule. The unrestricted sense, it would not have enumerated the specific
exception is resorted to only when a literal interpretation would words.
pervert the plain intention of the legislature as gleaned from the • Application: where specific and generic terms of the same nature
context of the statute or from external factors. are employed in the same act, the latter following the former.

XV. Noscitur a sociis XVII. Limitations of Ejusdem generic

• Where a particular word or phrase is ambiguous in itself or is • To be applicable, the following must concur:
equally susceptible of various meanings, its correct construction o Statute contains an enumeration of particular and
may be made clear and specific by considering the company of specific words, followed by a general word or phrase.
words in which it is found or with which it is associated. o The particular and specific words constitute a class or
• Where the law does not define a word used therein, it will be are of the same kind
construed as having a meaning similar to that of words associated o Enumeration of the particular and specific words is not
with or accompanied by it. exhaustive or is not merely by examples
• A word, phrase should be interpreted in relation to, or given the o No indication of legislative intent to give the general
same meaning of, words with which it is associated. words or phrases a broader meaning
• Where most of the words in an enumeration of words in a statute • The rule of ejusdem generic does not require the rejection of
are used in their generic and ordinary sense, the rest of the words general terms entirely.
should similarly be construed. • The rule is not of universal application, it should be used to carry
• Where a word with more than one meaning is associated with out, not to defeat, the intent or purpose of the law.
words having specific or particular signification, the former should • If that intent clearly appears from other parts of the law, and
be given a specific or particular signification. such intent thus clearly manifested is contrary to the result

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which will be reached by applying the rule of ejusdem generic, • The rule expressio unius est exclusio alterius is not a rule of law. It
the rule must give way in favor of the legislative intent. is a mere tool of statutory construction or a means of ascertaining
the legislative intent.
XVIII. Expressio unius est exclusio alterius • The rule, not being inflexible nor a mechanical or technical tool,
• Express mention of one person, thing or consequence implies must yield to what is clearly a legislative intent.
the exclusion of all others. • It is no more than an auxiliary rule of interpretation to be ignored
• It is formulated in a number of ways: where other circumstances indicate that the enumeration was not
a. One variation of the rules is the principle that what is intended to be exclusive.
expressed puts an end to that which is implied • It should applied only as a means of discovering legislative intent
Expressum facit cessare tacitum and should not be permitted to defeat the plainly indicated purpose
b. General expression followed by exceptions therefrom of the legislature.
implies that those which do not fall under the • It will not apply where the enumeration is by way of example or to
exceptions come within the scope of the general remove doubts only.
expression. Exceptio firmat regulam in casibus non • It will not apply in case a statute appears upon its face to limit the
exceptis operation of its provisions to particular persons or things by
c. Expression of one or more things of a class implies the enumerating them, but no reason exists why other persons or
exclusion of all not expressed, even though all would things not so enumerated should not have been included and
have been implies had none been expressed. manifest injustice will follow by not including them.
• The rule expressio unius est exclusio alterius and its variations • The rule may be disregarded of it will result to incongruities or a
are canons of restrictive interpretation. violation of the equal protection clause of the constitution,
• Basis: legislature would not have made specified enumerations inconvenience, hardship and injury to the public interest.
in a statute had the intention been not to restrict its meaning • Where the legislative intent shows that the enumeration is not
and confine its terms to those expressly mentioned. They are exclusive, the maxim does not apply.
opposite the doctrine of necessary implication.
XXII. Doctrine of casus omissus
XIX. Negative-opposite doctrine • The rule of casus omissus pro omisso habendus est states that a
• The principle that what is expressed puts an end to that which is person, object or thing omitted from an enumeration must be held
implied is also known as negative-positive doctrine or argumentum to have been omitted intentionally.
a contrario. • Principle proceeds from a reasonable certainty that a particular
person, object or thing has been omitted from a legislative
XX. Application of expressio unius rule enumeration
• The rule of expressio unius est exclusio alterius and its corollary • The rule does not apply where it is shown that the legislature did
canons are generally used in the construction of statutes granting not intend to exclude the person, thing, object from the
powers, creating rights and remedies, restricting common rights, enumeration. If such legislative intent is clearly indicated, the court
and imposing penalties and forfeitures, as well as those statutes may supply the omission if to do so will carry out the clear intent of
which are strictly construed. the legislature and will not do violence to its language.
• Where a statute directs the performance of certain acts by a
particular person or class or persons, it implies that it shall not be XXIII. Doctrine of last antecedent
done otherwise or be a different person or class of persons. • Qualifying words restrict or modify only the words or phrases to
• If a statute enumerates the things upon which it is to operate, which they are immediately associated. They do not qualify words
everything else must necessarily, and by implication, be excluded. or phrases which are distantly or remotely located.
• In the absence of legislative intent to the contrary, preferential and
XXI. Limitations of rule qualifying words and phrases must be applied only to their

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immediate or last antecedent, and not to the other remote or then it will be regarded as such, irrespective of what word or phase
preceding words or association of words. is used to introduce it. It is a question of legislative intent.
• The maxim expressive of this rule is proximum antecedens fiat
relatio nisi impediatur sententia, or relative words refer to the XXVII. Proviso may enlarge scope of law
nearest antecedents, unless the context otherwise requires. • It has been held that “even though the primary purpose of the
• The use of comma to separate an antecedent from the rest exerts a proviso is to limit or restrain the general language of a statute, the
dominant influence in the application of the doctrine of last legislature, unfortunately, does not always use it with technical
antecedent. correctness; consequently, where its use creates an ambiguity, it is
the duty of the court to ascertain the legislative intention, through
XXIV. Qualification of the doctrine resort to the usual rules of construction applicable to statutes
• Doctrine of last antecedent is subject to the exception that where generally and give it effect even though the statute is thereby
the intention of the law is to apply the phrase to all antecedents enlarged, or the provision made to assume the force of
embraced in the provision, the same should be made extensive to independent enactment and although a proviso as such has no
the whole. existence apart from which it is designed to limit or qualify.
• Slight indication of legislative intent so to extend the relative term • A proviso may thus enlarge, instead of restrict or limit, what
is sufficient. Nor does the doctrine apply where the intention is not otherwise is a phrase of limited import has there been no proviso
to qualify the antecedent at all. qualifying it.

XXV. Reddendo singular singulis [Link] as additional legislation

• The variation of the doctrine of last antecedent is the rule of • A proviso may also assume the role of an additional legislation.
reddendo singular singulis. The maxim means referring each to • A clear and unqualified purpose expressed in the opening statement
each; referring each phrase or expression to its appropriate object, of a section of a statute comprising several subdivisions has been
or let each be put in its proper place, that is, the words should be construed as controlling and limiting a proviso attached to one of
taken distributively. the subdivisions, where the proviso, if segregated therefrom, would
• Reddendo singular singulis requires that the antecedents and mean exactly the reverse of what it necessarily implied when read
consequences should be read distributively to the effect that each in connection with the limitation.
word is to be applied to the subject to which it appears by context
most appropriately related and to which it is most applicable. XXIX. What proviso qualifies
• The general rule is that the office of the proviso qualifies or
modifies only the phrase immediately preceding it or restrains
or limits the generality of the clause that it immediately follows.
XXVI. Provisos, generally • It should be confined to that which directly precedes it, or to
• The office of a proviso is either to limit the application of the the section to which it has been appended, unless it clearly
enacting clause, section, or provision of a statute, or to except appears that the legislature intended it to have a wider scope.
something therefrom, or to qualify or restrain its generality , or to
exclude some possible ground of misinterpretation of it, as XXX. Exception to the rule
extending to cases not intended by the legislature to be brought • Where the legislative intent is to restrain or qualify not only the
within its purview. phrase immediately preceding it but also earlier provisions of
• Its primary purpose is to limit or restrict the general language or the statute or even the statute itself as a whole, then the
operation of the statute, not to enlarge it. proviso will be construed in that manner, in order that the
• A proviso is commonly found at the end of a section, or provision of intent of the law may be carried out.
a statute and is introduced, as a rule by the word “Provided”
• What determines whether a clause is a proviso is its substance XXXI. Repugnance between proviso and main provision
rather than its form. If it performs any of the functions of a proviso,

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• A proviso should be so construed as to harmonize and not to • It is a clause in a provision of law which operates to except
repeal or destroy, the main provision of the statute. from the effect of the law what the clause provides or to save
• When there is an irreconcilable conflict or repugnancy between something which would otherwise be lost.
a proviso and the main provision of a statute, that which is a • It is used to except or save something from the effect of a
located in a later portion of the statute prevails, unless there is repeal of a statute.
a legislative intent to the contrary or such construction will • It should be construed in the light of the intent or purpose of
destroy the whole statute itself. the legislature (the principal consideration being to effectuate
• The latter provision, whether a proviso or not, is given such intent or carry out such purpose).
preference because it is the latest expression of the intent of • It should be given a strict or liberal construction depending
the legislation. upon the kind of interpretation that should, considering its
nature, be given to the statute as a whole.
XXXII. Exceptions generally
• An exception consists of that which would otherwise be included
in the provision from which it is excepted. CHAPTER 6
• An exception will be construed as such if it removes something
6.01 Generally
from the operation of a provision of law.
• It is often said that an exception confirms the general rule. It A statute is passed as a while and not in parts or sections and is
animated by one general purpose and intent. Consequently, each part
should not be construed to qualify the words or phrases
or section should be construed in connection with every other part and
constituting the general rule.
• It is well settled that the express mention of exceptions section so as to produce a harmonious whole. Whole and every part of
statute should be construed together.
operates to exclude other exceptions and conversely, those
which are not within the enumerated exceptions are deemed
6.02 Intent ascertained from statue as whole
included in the general rule.
• Exceptions, as a general rule, should be strictly but reasonably The intent or meaning of a statue should be ascertained from the
statute taken as a whole and not from an isolated part or provision
construed.
thereof. The legislative meaning is to be extracted form the statue as a
whole. Its clauses are not to be segrated, but every part of a statute is
[Link] and proviso distinguished
• an exception differs from a proviso. An exception exempts to be construed with reference to every other part and every word and
phrase in connection with its context. Optima statute interpretatrix est
something absolute from the operation of a statute, by express
ipsum statutum. The best interpreter of a statute is the statue itself.
words in the enacting clause.
• A proviso defeats its operation conditionally.
• A proviso avoids them by way of defeasance or excuse. An 6.03 Purpose or context as controlling guide
A statute must always be construed as a whole, and the particular
exception is generally a part of the enactment itself, absolutely
meaning to be attached to any word or phrase is usually to be
excluding from its operation some subject or thing that
ascertained from the context, the nature of the subject treated and the
otherwise would fall within its scope.
• But when the enactment is modified by engrafting upon it a purpose or intention of the body which enacted or framed the statute.
Statute must receive a reasonable construction, reference being had to
new provision by way of amendment, providing conditionally for
their controlling purpose, to all their provisions, force and effect being
a new case, it is in the nature of a proviso.
• One of the functions of a proviso is to except something from given not narrowly to isolated and disjoined clauses, but to their spirit,
broadly taking all their provisions together in one rational view.
an enacting clause. In this sense, an exception and a proviso
are similar.
6.04 Giving effect to statute as a whole
Because a statute is enacted in whole and not in parts or sections,
[Link] clause
which implies that one part is as important as the other, the statue
should be construed and given effect as a whole. A provision or section
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which is unclear by itself may be made clear by reading and construing 6.09 Qualification of rule
it in relation to the whole statute. Every part of a statute should be One part of a statute cannot be reconciled or harmonized with
given effect because a statute is enacted as an integrated measure and another part without nullifying one in favor of the other, the court
not as a hodgepodge of conflicting provisions. should, in construing the statue, choose one which will best effectuate
Court should adopt a construction that will give effect to every part of a the legislative intent. Rule: where absolute harmony between parts of a
statue, if at all possible. This rule is expressed in the maxim ut res statue is demonstrably not possible, the court must reject that one
magis valeat quam pereat or the construction is to be sought which which is least in accord with the general plan of the whole statue.
gives effect to the whole of the statute—its every word. However, if there be no such ground for choice between inharmonious
provisions or sections, the latter provision or section, beign the last
6.05 Apparently conflicting provisions reconciled expression of the legislative will, must, in construction, vacate the
The rule that a statute must be construed and given effect as a whole former to the extent of the repugnancy.
requires that apparently conflicting provisions should be reconciled and
harmonized, if at all possible. All the provisions, even if apparently 6.10 Construction as to give life to law
contradictory, should be allowed to stand and given effect by Law must receive sensible interpretation to promote the ends
reconciling time. The statute must be so construed as to prevent a for which they are enacted. They should be given reasonable and
conflict between parts of it. For it is only by so construing a statute that practical construction as will give life to them, if it can be done without
the statute will be given effect as a whole. doing violence to reason. Conversely, a law should not be construed as
6.06 Special and general provisions in same statute to allow the doing of an act which is prohibited by law, nor so
When there is a particular or special provision and a general provision interpreted as to afford an opportunity to defeat compliance in terms,
in the same statue and the latter in its most comprehensive sense create an inconsistency, or contravene the plain words of the law.
would overrule the former, the particular or special provision must be Interpretatio fienda est ut res magis valeat quam pereat or that
operative and the general provision must be taken to affect only the interpretation that will give the thing efficacy is to be adopted.
other parts of the statute to which it may properly apply. The particular The court should start with the assumption that the legislature
or special provision is construed as an exception to the general did not do a vain thin gin the enactment of the statute. It is to be
provision. presumed that the law is complete by itself. Ut res magis valeat quam
pereat, that the courts should, if reasonably possible to do so without
6.07 Construction as not to render provision nugatory violence to the spirit and language of an act, so interpret a statute as
The whole state should, if possible, be given effect is that a to give it efficient operation and effect as a whole.
provision of a statute should be so construed as not to nullify or render
nugatory another provision of the same statute. 6.11 Construction to avoid surplusage
Interpretatio fienda est ut res magis valeat quam pereat, The rule that a statue should be given effect as a whole
which means that a law should be interpreted with a view to upholding requires that the state be so construed as to make no part of provision
rather than destroying it. A construction that would render a provision thereof surplusage. A legal provision must not be so construed as to be
inoperative or ineffective should be avoided. a useless surplusage, and accordingly, meaningless in the sens of
adding nothing to the law or having no effect whatsoever therein. Nor
6.08 Reason for the rule should a word be so construed as to render other words or phrases
The construction that requires that apparently conflicting associated with it serves no purpose. For the legislature, in enacting a
provisions of a statute be reconciled and harmonized, if at all possible law, is presumed to have used the word or phrase for a purpose. In
and that a provision should be so construed as not to nullify another, is short, the legislature, in enacting a statute, is supposed not to insert a
based on the presumption that the legislature has enacted a statute provision which is unnecessary and a surplusage.
whose provisions are in harmony and consistent with each other and
that conflicting intentions in the same statue are never supposed or 6.13 Statute and its amendments construed together
regarded. All parts of a statute are to be harmonized and reconciled so
that effect may be given to each and every part thereof applies to the

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construction of a statute and its amendments. Amendments should be

given effect. It is to be presumed that the changes have some purpose, 6.16 How statutes in pari materia construed
which should be ascertained and given effect. A statute should be construed as to harmonize with other laws
on the same subject matter as to form a complete, coherent and
B. STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND intelligible system. Interpretare et concordare leges legibus est optimus
OTHER STATUTES interpretandi modus or every statute must be so construed and
harmonized with other statutes as to form a uniform system of
6.14 Statute construed in harmony with the Constitution jurisprudence.
As the Constitution is the fundamental law to which all laws are Statutes in pari materia should be construed together to attain
subservient, a statute should not be interpreted independently of the the purpose of an express national policy. For the assumption is that
Constitution. The statute should be construed in harmony with and not whenever the legislature enacts a law, it has in mind the previous
in violation of the fundamental law. It is presumed that the legislature statutes relating to the same subject matter, and in the absence of any
in enacting a law, have adhered to the constitutional limitations. express repeal or amendment, the new statute is deemed enacted in
A statute should be construed whenever possible in a manner accord with the legislative policy embodied in the prior statutes and
that will avoid conflict with the Constitution. It should not be construed they should be construed together. Provisons in an act which are
in such a way as will give rise to a constitutional doubt. Nor should it be omitted in another act relating to the same subject matter will be
interpreted in such a manner as will render its application violative of a applied in a proceeding under the other act when not inconsistent with
constitutional inhibition. It should be interpreted in consonance, rather its purpose. Prior statutes relating to the same subject matter are to be
than repugnant to, any constitutional command or prescription. compared with the new provisions, and if possible by reasonable
Where a statute is reasonable susceptible of two constructions, construction, both are to be construed that effect is given to every
one constitutional and the other unconstitutional, that construction in provision of such. Statutes in pari materia, although in apparent
favor of its constitutionality shall be adopted and the construction that conflict, are so far as reasonably possible construed to be in harmony
will render it invalid rejected. Every intendment of law should lean with each other. Interpretare et concordare leges legibus, est optimus
towards its validity and the court should favor that construction which interpretandi modus, which means that the best method of
gives it the greater chance of surviving the test of constitutionality. interpretation is that which makes laws consistent with other laws.
If there is doubt or uncertainty as to the meaning of the When two or more statutes on the same subject were enacted
legislature, if the words or provisions are obscure, or if the enactment at different times and under dissimilar circumstances or conditions,
is fairly susceptible of two or more constructions, that interpretation their interpretation should be in accordance with the circumstances or
will be adopted which will avoid the effect of unconstitutionality, even conditions peculiar to each, in order that the statutes may be
though it may be necessary, for this purpose, to disregard the more harmonized or better understood. Rule based on: distingue tempora et
usual or apparent import of the language employed. However, the court concordabis jura, or distinguish times and you will harmonize laws.
cannot, in order to bring a statute within the fundamental law, amend it A statute will not, however, be construed as repealing prior act
by construction. on the same subject in the absence of words to that effect, unless there
is an irreconcilable repugnancy between them or unless the new law is
6.15 Statutes in pari materia evidently intended to supersede all prior acts on the matter and to
Statutes are in pari material when they relate to the same comprise itself the sole and complete system of legislation on the
person or thing, or have the same purpose or object, or cover the same subject.
specific or particular subject matter. The later statute may specifically
refer to the prior statutes. The fact that no reference is made to the 6.17 Reasons why laws on same subject are reconciled
prior law does not mean that the two laws are not in pari materia. It is In enacting a statute, the legislature is presumed to have been
sufficient, in order that they may be considered in pari materia, that aware of, and have taken into account, prior laws on the subject of
the two or more statute relate to the same specific subject matter. Two legislation. It cannot be said that they intended the establishment of
laws are not in pari materia if they refer to different specific matters, conflicting and hostile systems on the same subject, or to leave in force
although they both fall under the same broad subject.

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provisions of a prior law which may thwart and overthrow the will of the The rule is not absolute. One exception is that where the
legislature. legislature clearly intended the later general enactment to cover the
whole subject and to repeal all prior laws inconsistent therewith, the
6.18 Where harmonization is impossible general law prevails over a special law on the subject. In such case,
If two or more laws on the same subject cannot possibly be there is a repeal of the special law.
reconciled or harmonized, one has to give way in favor of the other. Another exception: where the special law merely establishes a
There cannot be two conflicting laws on the same subject. The earlier general rule while the general law creates a specific and special rule, in
one must yield to the later one, it being the later expression of the which case the general law prevails over the special law.
legislative will. The rule does not apply where the situation is reversed, that is,
the general law treats the subject in particular and the special law
6.19 Illustration of the rule refers to it in general. In this situation, the general law prevails over
6.20 General and special statutes the special law in the event of repugnancy or conflict between the two
A general statute is a statute which applies to all of the people laws.
of the state or to all of a particular class of persons in the state with
equal force. It is one which embraces of a class of subject or places and 6.23 Reference statutes
does not omit any subject or place naturally belonging to such class. A A reference statute is a statute which refers to other statutes
special statute is one which relates to particular persons or things of a and makes them applicable to the subject of legislation. It is
class or to a particular portion or section of the state only. incorporation in a statute of another statute by reference. It is used to
A general law and special law on the same subject are statutes avoid encumbering the statute books of unnecessary repetition, and
in pari material and should, accordingly be read together and they have been recognized as an approved method of legislation, in the
harmonized, if possible, with a view to giving effect to both. Rule: absence of constitutional restrictions.
where there are two acts, one of which is special and particular and the The adoption by reference of a statute that was previously
other general which, if standing alone, would include the same matter repealed revives the statute. The adoption takes the adopted statute as
and thus conflict with the special act, the special must prevail since it it exists at the tie of adoption and does not include the subsequent
evinces the legislative intent more clearly than that of a general statute changes or modification of the statute so taken, unless it does so
and must be taken as intended to constitute an exception to the expressly.
general act. A reference statute should be so construed as to harmonize
The circumstance that the special law is passed before or after with, and to give effect to, the adopted statute.
the general act does not change the principle. Where the special law is
later, it will be regarded as an exception to or qualification of, the prior 6.24 Supplemental statutes
general act; and where the general act is later, the special statute will A supplemental act is one intended to supply deficiencies in an
be construed as remaining an exception to its terms, unless repealed existing statute and to add, to complete, or extend the statute without
expressly or by necessary implication. changing or modifying its original text. The original statute and the
Where two statutes are of equal theoretical application to a supplemental act should be read and construed together to make an
particular case, the one designed therefore specially should prevail. intelligible whole.

6.21 Reason for the rule 6.25 Reenacted statutes

Reason: (special as exception to the general) the legislature in A statute which reenacts a previous statute or the provisions
passing a law of special character has its attention directed to the thereof is known as reenacted statute. A reenactment is one in which
special facts and circumstance which the special facts and the provisions of an earlier statute are reproduced in the same or
circumstances which the special act is intended to meet. substantially the same words. The reenactment may also be made by
reference. Thus, where a statute provides that all laws not inconsistent
6.22 Qualifications of the rule with the provisions thereof are deemed incorporated and made integral

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parts thereof by reference, such previous laws on the same subject Whether a statute is to be given a strict or liberal
matter are deemed enacted. construction will be depend upon the nature of the statute, the
The reenactment is a legislative expression of intention to purpose to be subserved and the mischief to be remedied, and
adopt the construction as well as the language of the prior act. Rule: a strict or liberal interpretation will be given a statute that will
when a statute or a provision thereof has been construed by the court best accomplish the end desired and effectuate legislative
of last resort and the same is substantially reenacted, the legislature intent.
may be regarded as adopting such construction, and the construction
which the adopted statute previously received. 2. Strict construction, generally
The rule is that two statute with a parallel scope, purpose and Strict construction is that construction according to the
terminology should, each in its own field, have a like interpretation, letter of a statute, which recognizes nothing that is not
unless in particular instances there is something peculiar in the expressed, takes the language used in its exact meaning, and
question under the consideration, or dissimilar in the terms of the act admits no equitable consideration. It does not mean giving a
relating thereto, requiring a different conclusion. statute its narrowest meaning of which it is susceptible. Nor
does it mean that words shall be so restricted as not to have
6.26 Adoption of contemporaneous construction their full meaning. Scope of statute shall not be extended or
The reenactment of a statute which has received a practical or enlarged by implication, intendment, or equitable consideration
contemporaneous construction by those charged with the duty of beyond the literal meaning of its terms.
executing it is a persuasive indication of the adoption by the legislature
of the prior practical or executive construction, the legislature being 3. Liberal construction, defined.
presumed to know the existence of such construction when it made the Liberal constructions means such equitable construction
reenactment. as will enlarge of a statute to accomplish its intended purpose,
carry out its intent, or promote justice. It does not mean
6.27 Qualification of the rule enlargement of a provision which is clear, unambiguous and
the rule that when a judicial or contemporaneous construction free from doubt, for a statute which is plain and clear is not
has been given to a statute, the reenactment of the statute is generally subject to construction. Liberal construction is that
held to be in effect a legislative adoption of the construction, applies construction which expands the meaning of a statute to meet
only when the statute is capable of the construction given to it and cases which are clearly within the spirit or reason thereof or
when the construction has become a settled rule of conduct. within the evil which the statute was designed to remedy, or
which give the statute its generally accepted meaning to the
6.28 Adopted statutes end that the most comprehensive application thereof maybe
An adopted statute is statute patterned after, or copied from accorded, without being inconsistent with its language or doing
a statute of a foreign country. In construing it, the court should take violence to any of its terms. Liberal construction means that
into consideration the construction of the law by the courts of the the words should receive a fair and reasonable interpretation,
country from which it is taken, as well as the law itself and the so as to attain the intent, spirit and purpose of the law.
practices under it, for the legislature is presumed to have adopted such
construction and practices with the adoption of the law. The 4. Liberal construction applied, generally.
presumption does not, however, apply to construction given the statute The literal meaning of the words used may be rejected
subsequent to its adoption, although it had persuasive effect on the if the result of adopting said meaning would be to defeat
interpretation of the adopted statute purpose of the law. Liberal interpretation so as to save the
statute from obliteration, ut res magis valeat quam pereat.
CHAPTER 7 Construction by this nature and the act of the court in
engrafting upon a law something which its believes ought to
have been embraced therein. The former is liberal construction
1. Generally:
and is a legitimate exercise of judicial power. The latter is

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judicial legislation forbidden by the tripartite division of powers The language of a penal statutes cannot be enlarged beyond the
among the three departments of government, the executive, ordinary meaning of its terms in order to carry into effect the general
the legislative and the judicial. A statute may not be liberally purpose for which the statute was enacted. Resolved in favor of the
construed to read into it something which its clear and plain person accused of violating the statute.
language rejects. No person should be brought within the terms of a statute who is not
clearly within them, nor should any act be pronounced criminal which is
5. Construction to promote social justice. not clearly made so by the statute.
“It (social justice mandate) is meant for the three The rule that penal statutes are strictly construed does not
departments: the legislative, executive, and judicial, because the latter mean that every penal law must be so narrowly construed as to defeat
two are no less than the agencies of the state than the first. Enhance the law itself; it merely means that they are not to be construed so
social justice. strictly as to nullify or destroy the obvious purpose of the legislature.
Be construed with such strictness as to carefully safeguard the rights of
6. Construction taking into consideration general welfare or growth the defendant and at the same time preserve the obvious intention of
of civilization. the legislature. It will endeavor to effect substantial justice.
Some authorities advocate a construction which seeks
an expansive application of statutes to attain the general welfare. salus Careful scrutiny safeguard the rights of the accused. Two
populi est suprema lex. Statute enacted for the public good are to be reasonable but contradictory constructions, that which operates in favor
construed liberally. Statuta pro publico commodo late interpretantur. of a party accused under its provision is to be preferred. The principle
An authority on the subject expounds on this type of construction: is that acts in and of themselves innocent and lawful cannot be held to
“There is for me in all cases a principle of statutory construction not to be criminal unless there is a clear and unequivocal expression of the
be found on the books, but which for the Philippine Islands is all- legislative intent to make them such.
important. In the resolution of all questions, I begin with these
queries: what is for the best interest of the Filipino people? 9. Reason why penal statutes are strictly construed.
“The statute in general has two, articulate organs for Law is tender in favor of the rights of an individual; the
lawmaking purposes – the legislature and the tribunal. First organ object is to establish a certain rule by conformity to which mankind
makes new law, the second attests and confirms old law. Statutes would be safe, and the discretion of the court limited. The purpose of
must be interpreted in the light of the growth of civilization and varying strict construction is not to enable a guilty person to escape
conditions. punishment through a technicality but to provide a precise definition of
forbidden acts.
7. Penal statutes, generally.
Pe n a l s t a t u t e s r e f e r t o t h o s e l aw s b y w h i c h 10. Acts mala in se and mala prohibita.
punishments are imposed for violation or transgression of their General rule is that a penal statute will not be
provisions. Acts of the legislature which prohibit certain acts and construed to make the commission of certain prohibited acts criminal
establish penalties for their violation; or those that define crimes, treat without regard to the intent of the doer, unless there is a clear
of their nature and provide for their punishment. Penal or criminal laws legislative intent to the contrary; evil intent must combine with an act.
are those which impose punishment for an offense committed against Actus non facit reum nisi mens sit rea, the act itself does not make a
the state, and which the chief executive has the power to pardon. A man guilty unless his intention were so. Actus me invito factus non est
statute which decrees the forfeiture in favor of the state of unexplained meus actus, an act done by me against my will is not my act. Mala in
wealth acquired by a public official while in office is criminal in nature. se, criminal intent, apart from the act itself, is required but in those
which are mala prohibita the only inquiry is, has the law been violated.
8. Penal statutes strictly construed.
Penal or criminal laws are strictly construed against the 12. Limitation of the rule.
State and liberally in favor of the accused cannot be enlarged or The rule that penal statutes are given a strict
extended by intendment, implication, or any equitable consideration. construction is not the only factor in the interpretation of the criminal

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laws; merely serves as an additional factor to be considered as an aid construed; public advantage is gained by the grant, it narrowly
in ascertaining the meaning of penal laws. A strict construction should appears to be secondary significance compared with the advantage
not be permitted to defeat the intent, policy, and purpose of the gained by the grantee.
statute. The court should consider the spirit and reason of a statute Strict construction requires that those who invoke a
where a literal meaning would lead to absurdity, contradiction, special privilege granted by the statute must comply strictly with its
injustice, or would defeat the clear purpose of the law, for strict provisions. Privilegia recipient largam interpretationem voluntati
construction of a criminal statute does not mean such construction as consonam concedentis, or privileges are to be interpreted in accordance
to deprive it of the meaning intended. with the will of him who grants them.
Capable of two interpretations, one which will operate to
exempt an accused from liability for violation thereof and another which 16. Legislative grants to local government units.
will give effect to the manifest intent of the statute and promote its Legislative grants in favor of local government units are
object, the latter the interpretation should be adopted; they are not to grants of a public nature, and hence, should be strictly construed
be so strictly construed as to defeat the obvious purpose of the against the grantee.; there is in such a grant a gratuitous donation of
legislature. public money or property which results in an unfair advantage to the
grantee and for that reason, the grant should be narrowly restricted in
13. Statutes in derogation of rights. favor of the public.
People in republican state enjoy certain rights, which
are either inherent or guaranteed by the constitution or protected by 17. Statutory grounds for removal of officials.
law; rights are not absolute, and the state, in the exercise of its police Statutes relating to suspension or removal of public
power, may enact legislations curtailing or restricting their enjoyment. officials are strictly construed. ; removal is to be confined within the
As these statutes are in derogation of common or general rights, they limits prescribed for it; the causes, manner and conditions fixed must
are generally strictly construed and rigidly confined to cases clearly be pursued with strictness; where the cause of removal is specified, the
within their scope or purpose.; two reasonably possible constructions, specification amounts to a prohibition to remove for a different cause,
one which would diminish or restrict fundamental right of the people which is a paraphrase of the maxim expressio unius est exclusion
and the other of which would not do so, the latter construction must be alterius. ; remedy of removal is drastic one and penal in nature.;
adopted so as to allow full enjoyment of such fundamental right. where a statute provides that a public official may be removed for
“neglect of duty, oppression, corruption or other forms of
14. Statutes authorizing expropriations. maladministration in office,” the phrase ‘in office” should be construed
The power of eminent domain is essentially legislative to qualify the enumerated grounds, in that the grounds must be such
in nature. The legislature may not, however, by itself, exercise such as affect the officer’s performance of his duties as an officer and not
power by enacting a law directly expropriating a particular land and such as affect only his character as a private person.
fixing the amount of just compensation thereof. It may delegate the
power, by law, subject to hearing as to just compensation to the 18. Naturalization laws.
president, local government units, or a public utility company.; strictly Laws on naturalization are strictly construed against an
construed against the expropriating authority and liberally in favor of applicant for citizenship and rigidly followed and enforced. ; right of
property owners; “exercise of the right of eminent domain, whether by an alien to become a citizen by naturalization is a statutory rather that
the state or by its authorized agents, is necessarily in derogation of a natural one, and it does not become vested until he files a petition
private rights, and the rule in that case is that the authority must be and establishes by competent and satisfactory evidence that he has all
strictly construed; right to freehold inhabitants. the qualifications and none of the disqualifications specified by law.

15. Statutes granting privileges. 19. Statutes imposing taxes and custom duties.
Statutes granting advantages to private persons or The power to tax is an incident of sovereignty and is
entities have in many instance created special privileges or monopolies unlimited in its range, acknowledging in its very nature no limits, so
for the rantees and have thus been viewed with suspicion and strictly that security against its abuse the is to be found only in the

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responsibility of the legislature which imposes the tax of the of tax exemption, the court is not at liberty to supply one..; does not
constituency who are to pay it. ; “power to tax involves the power to apply in the case of tax exemptions in favor of the government itself or
destroy.” ; tax statutes must be construed strictly against its agencies.
the government and liberally in favor of the taxpayer. ; the statute is to
be construed strictly against the subjection to tax liability, and it will 22. Statutes concerning the sovereign.
not be construed as imposing a tax unless it does so clearly, expressly Restrictive statutes which impose burdens on the public
and unambiguously . a tax cannot be imposed without clear and treasury or which diminish rights and interest are strictly construed.
express words for that purpose. Tax or customs laws may not be For this reason, such statutes , no matter how broad their terms are,
extended by implication beyond the clear import of their language, nor do not embrace the sovereign, unless the sovereign is specifically
their operation enlarged so as to embrace matters not specifically mentioned.
provided. ;
Reason – taxation is a destructive power which interferes with 23. Statutes authorizing suits against the government.
the personal and property rights of the people and takes from them a “State may not be sued without its consent.” – reaffirms
portion of their property for the support of the government.; burdens universal rule that the sovereign is exempt from suit, in the absence of
are not to be imposed, nor presumed to be imposed, beyond what the its consent to be sued usually in the form of a statute to that effect, not
statutes expressly and clearly import. because of any formal conception or absolute theory but on the logical
and practical ground that there can be no legal right depends. Nullum
20. Statutes granting tax exemptions. tempus occurrit regi. A statute whereby the state gives its consent to
Taxes are what the people pay for civilized society. ; be sued is strictly construed, and the waiver of immunity from suit,
lifeblood of the nation. The law frowns against exemptions from being in derogation of sovereignty, will not be lightly inferred.
taxation. Laws granting tax exemptions are thus construed strictissmi
juris against the taxpayer and liberally in favor of the taxing authority. 24. Statutes prescribing formalities of will.
Taxation is the rule and exemption is theexception. The burden of Statutes prescribing the formalities to be observed in
proof rests upon the party claiming exemption to prove that it is in fact the execution of wills are strictly construed, ; a will must be executed
covered by the exemption so claimed. Statutes granting tax in accordance with the statutory requirements, otherwise it is entirely
exemptions are construed strictissimi juris against the taxpayer and void. ; apply the intent of the legislators and not that of the testator,
liberally in favor of the taxing authority. Basis – to minimize the and the latter’s intention is frequently defeated by the non-observance
different treatment and foster impartiality, fairness and equality of of what the statute requires.
treatment among taxpayers. For exemptions from taxation are not
favored in law, nor are they presumed. They must be expressed in the 25. Exceptions and provisos.
clearest and most unambiguous language and not left to mere As a rule, exceptions should be strictly but reasonably
implications. “exemptions are never presumed, the burden is on the construed; they extend only so far as their language fairly warrants,
claimant to establish clearly his right to exemption and an alleged grant and all doubts should be resolved in favor of the general provision
of exemption will be strictly construed and cannot be made out by rather than the exception. The court will not curtail the former nor add
inference or implications but must be beyond reasonable doubt. In to the latter by implication, and it is a rule that an express exception
other words, since taxation is the rule and exemption the intention to excludes all others, although it is always proper in determining the
make an exemption ought to be expressed in clear and unambiguous applicability of this rule to inquire whether, in the particular case, it
terms. accords with reason and justice.
Similarly, a statute, rule or situation which allows
21. Qualification of rule. exceptions to the requirement of warrant of arrest or search warrant
Not absolute. Where the provision of the law is clear must be strictly construed. A preference is an exception to the general
and unambiguous , so that there is no occasion for the court seeking rule and it is what its name implies.
the legislative intent, the law must be taken as it is, devoid of judicial A proviso should be interpreted consistently with the
addition or subtraction. Law provides no qualification for the granting legislative intent. The reason is that the legislative purpose set forth in

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the general enactment expresses the legislative policy and only those only such powers as are expressly granted to them and those which are
expressly exempted by the proviso should be freed from the operation necessarily implied or incidental to the exercise thereof and that grants
of the statute. of power to them are to be construed strictly and any doubt should be
resolved in favor of the national government and against the political
subdivision concerned.
C. STATUTES LIBERALLY CONSTRUED The rule of construction change with the enactment of
Republic Act No.2264, otherwise known as the Local Autonomy Act.
26. General social legislation Section 12 of said Act provides in part that the ‘implied power of a
Implement the social justice and protection-to-labor province, a city or a municipality shall be liberally construed in its favor.
provisions of the Constitution are known as general welfare legislations. Any fair and reasonable doubt as to the existence of the power should
These statutes are construed liberally. General welfare legislations, the be interpreted in favor of the local government and it shall be
courts will be guided by more than just an inquiry into the letter of the presumed to exist. This liberal construction is fortified by the
law as against its spirit and will ultimately resolve any doubt in favor of Constitution. 1973 Constitution is towards the fullest autonomy of local
the persons whom the law intended to benefit. government units.
Labor laws, tenancy laws, land reform laws and social Local Government Code – ‘any power of a barangay,
security laws. However, while general welfare legislations are municipality, city or province shall be liberally construed in its favor.
construed liberally in favor of those intended to be benefited, this Shall be resolved in favor of devolution of powers and
principle holds true only when there is doubt or ambiguity in the law of the lower local government unit. Tax ordinance or revenue measure
and not when the law itself is clear and free doubt. shall be construed strictly against the local government unit enacting
Workingman’s welfare should be the primordial and it, and liberally in favor of the taxpayer. Any tax exemption construed
paramount consideration. Article 4 of the New Labor Code which states strictly against the person claiming it; Liberally interpreted to give
that ‘all doubts in the implementation and interpretation of the more powers to local government units in accelerating economic
provisions of the Labor Code including its implementing rules and developmet and upgrading the quality of life for the people in the
regulations shall be resolved in favor of labor. Based on the premise community; governed by the original terms and conditions of said
that the statute is ambiguous. contracts or the law in force at the time such rights were vested;
resolution of controversies may be had to the customs and traditions
27. General welfare clause. in the place where the controversies take place.
The general welfare clause on the power of local
government has two branches. One branch attaches itself to the main 29. Statutes granting taxing power.
trunk of municipal authority and relates to such ordinances and Before the 1973 Constitution, the rule is that a local
regulations as may be necessary to carry into effect and discharge the government unit, unlike the sovereign state is clothed with no inherent
powers and duties conferred upon local legislative bodies by law. The power of taxation. And the taxing power when granted is to be
second branch is much more independent of the specific functions construed strictissimi juris. Any doubt or ambiguity arising out of the
enumerated by law. It authorizes such ordinances as shall seem terms used in granting that power must be resolved against the local
necessary and proper to provide for the health and safety, promote the government unit. Inferences, implications, and deductions have no
prosperity, improve the morals, peace, good order, comfort, and place in the interpretation of the taxing power of a municipal
convenience of the local government unit and the inhabitants thereof, corporation.
and for the protection of the property therein. Based on the concept that local government, unlike the
The general welfare clause should be construed liberally sovereign state, are allocated with no inherent power to tax. The New
in favor of the local government units. Constitution has changed such concept. The Constitution provides that
“Each local government unit shall have the power to create its own
28. Grant of power to local governments. sources of revenue and to levy taxes, fees and charges subject to such
Limited self-government to full autonomy. The old rule guidelines and limitations as the congress may provide, consistent with
is that municipal corporations, being mere creatures of the law, have the basic policy of local autonomy. Statutes prescribing limitations of

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the taxing power of local government units must be strictly construed after the elections they are held to be directory only, if that is possible,
against the national government and liberally in favor of the local especially where, if they are held to be mandatory, innocent voters will
government units. be deprived of their votes, without any fault on their part. Generally,
“the provisions of a statute as to the manner of conducting the details
30. Statutes prescribing prescriptive period to collect taxes. of an elections are not mandatory, but directory merely, and
Statutes prescribing the period of limitation of action for irregularities in conducting an elections and counting the votes, not
the collection of taxes is beneficial both to the government because tax proceeding from any wrongful intent and which deprives no legal voter
officers would be obliged to act promptly in the making of assessment, of his votes, will not vitiate an election or justify the rejection of the
and to citizens because after the lapse of the peiod of prescription, entire votes of a precinct.
citizens would have a feeling of security against unscrupulous tax The provisions of the election law which candidates for
agents who will always find an excuse to inspect the books of the office are required to comply are generally regarded as mandatory.
taxpayers, not to determine the latter’s real liability, but to take Qualifications of candidates, requiring the filing of certificates of
advantage of every opportunity to molest peaceful, law-abiding candidacy, defining election offenses, and limiting the period within
citizens. which to file election contests, are mandatory and failure to comply
with such provisions are fatal.
31. Statues imposing penalties for non-payment of tax. The provisions of the election law designed to
Statues imposing penalties for non-payment of taxes determine the will of the electorate are liberally construed. Technical
within the required period are liberally construed in favor of the and procedural barriers should not be allowed to stand if they
government and strictly observed and interpreted against the taxpayer. constitute an obstacle in the choice of their elective officials.
Strong reasons of public policy support this rule. Such laws are Election law intended to safeguard the will of the people
intended to hasten tax payments or to punish evasions or neglect of in their choice of their representatives should be construed liberally to
duty in respect thereto. achieve such purpose.
They will not place upon tax laws so loose a Election protest, which should be liberally construed to
construction as to permit evasions on merely fanciful and insubstantial the end that the popular will expressed in the election of public officers
distinctions. When proper, a tax statute should be construed to avoid will not, by reason of purely technical objections, be defeated.
the possibilities of tax evasions. Rigid application of the law that will preclude the court
from ascertaining the popular will should be rejected in favor of a
32. Election Laws. liberal construction thereof that will subserve such end, where a rigid
Election laws should be reasonably and liberally and strict application and enforcement of provisions of the election law
construed to achieve their purpose – to effectuate and safeguard the will safeguard popular will and prevent transgression of suffrage and
will of the electorate in the choice of their representatives – for the the mandate of the majority, the provisions will be given strict
application of election laws involves public interest and imposes upon construction. Election contest, especially appreciation of ballots, must
the Commission on Elections and the courts the imperative duty to be liberally construed to the end that the will of the electorate in the
ascertain by all means within their command who is the real candidate choice of public officials may not be defeated by technical infirmities.
elected by the people.
Elections laws may be divided into three parts for 33. Amnesty proclamations.
purposes of applying the rules of statutory construction. The first part Amnesty proclamations should be liberally construes so
refers to the provisions for the conduct of elections which elections as to carry out their purpose, which is to encourage the return to the
officials are required to follow. The second part covers those provisions field of the law of those who have veered from the law. Amnesty and
which candidates for office are required to perform. The third part pardon are synonymous, and for this reason, the grant of pardon
embraces those procedural rules which are designed to ascertain, in should likewise be construed liberally in favor of those pardoned and
case of dispute, the actual winner in the elections. strictly against the state, for where two words are synonymous, the
“rules and regulations for the conduct of elections are rules for interpreting one will apply to the other.
mandatory before the election, but when it is sought to enforce them

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34. Statues prescribing prescriptions of crimes. Lapses in the literal observance of a rule of procedure
A stature of limitation or prescription of offenses is in will be overlooked when they do not involve public policy, when they
the nature of amnesty granted by the state, declaring that after a arose from an honest mistake or unforeseen accident, when they have
certain time, oblivion shall be cast over the offense. Hence, statutes of not prejudiced the adverse party and have not deprived the court of its
limitations are liberally of construction belongs to all acts of amnesty authority. Conceived in the best traditions of practical and moral justice
and grace, but because the very existence of the statute is a and common sense, the Rules of Court upon-splitting technicalities that
recognition and notification by the legislature of the fact that time, do not square with their liberal tendency and with the ends of justice.
while it gradually wears out proofs and innocence, has assigned to it The literal stricture of the rule have been relaxed in
fixed and positive periods in which it destroys proofs of guilt. favor of liberal construction in the following cases: 1. where a rigid
application will result in a manifest failure or miscarriage of justice 2.
35. Adoption statues. where the interest of substantial justice will be served 3. where the
Adoption statutes are construed liberally in favor of the resolution of the emotion is addressed solely to the sound and judicious
child to be adopted with the liberal concept that adoption statutes, discretion of the court and 4. where the injustice to the adverse party
being humane, and salutary, hold the interest and welfare of the child is not commensurate with the degree of his thoughtlessness in not
to be a paramount consideration and are designed to provide homes, complying with the prescribed procedure.
parental care and education for the unfortunate, needy or orphaned
children and give them the protection of a society and family in the 38. Other statues.
person of the adopter. Curative statutes are enacted to cure defects in a prior
law or to validate legal proceedings which would otherwise be void for
36. Veteran and pension laws want of conformity with certain legal requirements. They are intended
Veteran and pension laws are enacted to compensate a to supply defects, abridge superfluities and curb certain evils. Their
class of men who suffered in the service for the hardships they endured purpose is to give validity to acts done that would have been invalid
and the dangers they encountered in line of duty. They are expression under existing laws have been complied with. Curative statutes, by
of gratitude to and recognition of those who rendered service tot eh their very nature, are retroactive.
country by extending to them regular monetary benefit. For these Redemption laws, being remedial in nature are to be
reasons, such statutes are construed liberally to the end that their construed liberally to carry our their purpose, which is to enable the
noble purpose is best accomplished. However, while veteran and debtor to have his property applied to pay as many debtor’s liabilities
pension laws are to be construed liberally, they should be so construed as possible. Execution are interpreted liberally in order to give effect to
as to prevent a person from receiving double pension or compensation, their beneficent and humane purpose; and to this end, any reasonable
unless the law provides otherwise. Retirement or pension laws are also doubt be construed in favor of the exemption from execution. Laws on
liberally construed. Being remedial in character, a statute creating Attachment are also liberally construed in order to promote their
pension or establishing retirement plan should be liberally construed projects and assist the parties in obtaning speedy justice.
and administered in favor of the persons intended to benefited thereby. An instrument of credit, warehouse receipts play a very
important role in modern commerce, and accordingly, warehouse
37. Rules of Court. receipt laws are given liberal construction in favor of bona fide holders
The Rules of Court, being procedural, are to be of such receipts.
construed liberally with the end in view of realizing their purpose – the The purpose of the probation being to give first-hand
proper and just determination of a litigation. A liberal construction of offenders a second chance to maintain his place in society through the
the Rules of Court requires the courts, in the exercise of their functions, process of reformation, it should be liberally construed to achieve its
to act reasonably and not capriciously, and enjoins them to apply the objective. Thus, the probation law may liberally construed by
rules in order to promote their object and to assist the parties in extending the benefits thereof to any one not specifically disqualified.
obtaining a just, speedy and inexpensive determination of their cases,
means conducive to the realization of the administration of law and
justice.

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CHAPTER 8
A. IN GENERAL
Test to determine nature of statute
- Statutes may be classified either as mandatory or directory.
- The test generally employed to determine whether a statute is
mandatory or directory is to ascertain the consequences that
Mandatory and directory statutes, generally
will follow in case what the statute requires is not done or what
- Mandatory statute is a statute which commands either
it forbids is performed.
positively that something be done, or performed in a particular
- Whether a statutory requirement is mandatory or directory
way, or negatively that something be not done, leaving the
depends on its effects.
person concerned no choice on the matter except to obey.
- If no substantial rights depend on it and no injury can result
- Act executed against the provisions of mandatory or prohibitory
from ignoring it; and the purpose of the legislature can be
laws shall be void, except when the law itself authorizes their
accomplished in a manner other than that prescribed and
validity.
substantially the same results obtained, then the statute will
- Where a statute is mandatory, the court has no power to
generally be regarded as directory; but if not, it will be
distinguish between material and immaterial breach thereof or
mandatory.
omission to comply with what it requires.
- A statute will not be construed as mandatory and requiring a
- A directory statute is a statute which is permissive or
public officer to act within a certain time limit even if it is
discretionary in nature and merely outlines the act to be done
couched in words of positive command if it will cause hardship
in such a way that no injury can result from ignoring it or that
or injustice on the part of the public who is not at fault. Nor will
its purpose can be accomplished in a manner other than that
a statute be interpreted as mandatory if it will lead to absurd,
prescribed and substantially the same result obtained.
impossible or mischievous consequences.
- The nonperformance of what it (directory statute) prescribes,
though constituting in some instances an irregularity or
Language used
subjecting the official concerned to disciplinary or
- Statutes using words of command, such as “shall”, “must”,
administrative sanction, will not vitiate the proceedings therein
“ought”, or “should”, or prohibition, such as “cannot”, “shall not”
taken.
or “ought not”, are generally regarded as mandatory.
- The use of words of command or of prohibition indicates the
When statute is mandatory or directory
legislative intent to make the law mandatory.
- The primary object is to ascertain legislative intent.
- It has been held that the intention of the legislature as to the
- Legislative intent does not depend upon the form of the statute.
mandatory or directory nature of particular statutory provision
- Consideration must be given to the entire statute, its object,
is determined primarily from the language thereof.
purpose, legislative history and the consequences which would
Use of “shall” or “must”
result from construing it one way or the other, and the statute
- As a general rule, the use of the word “shall” in a statute
must be construed in connection with other related statutes.
implies that the statute is mandatory.
- The language of the statute, however mandatory in form, may
- It means “ought to”, “must”, and when used in a statute or
be deemed directory whenever the legislative purpose can best
regulation, expresses what is mandatory.
be carried out by such construction, but the construction of
- The term “shall” is a word of command, and one which has or
mandatory words as directory should not be lightly adopted and
which must be given a compulsory meaning and it is generally
never where it would in fact make a new law instead of that
imperative or mandatory.
passed by the legislature.
- If a different interpretation is sought, it must rest upon
- Whether a statute is mandatory or directory depends on
something in the character of the legislation or in the context
whether the thing directed to be done is of the essence of the
which will justify a different meaning.
thing required, or is a mere matter of form, and what is a
- It connotes compulsion or mandatoriness.
matter of essence can often be determined only by judicial
construction.
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- This rule is not absolute. The import of the word depends upon
a consideration of the entire provision, its nature, object and Use of negative, prohibitory or exclusive terms
the consequences that would follow from construing it one way - A negative statute is mandatory. A negative statute is one
or the other. expressed in negative words or in the form of an affirmative
- The word “must” in a statute, like “shall” is not always proposition qualified by the word “only”, said word having the
imperative. It may be consistent with discretion. If the force of an exclusionary negation.
language of a statute considered as a whole and with due - The use of the legislature of negative, prohibitory or exclusive
regard to its nature and object reveals that the legislature terms or words in a statute is indicative of the legislative intent
intended to use the word “must” to be directory, it should be to make the statute mandatory.
given that meaning. - Prohibitive or negative words can rarely, if ever, be directory,
- One test used to determine whether the word “shall” in for there is but one way to obey the command, “thou shall not”,
mandatory or discretionary is whether non-compliance with and that is to completely refrain from doing the forbidden act.
what is required will result in the nullity of the act. If it results
in the nullity of the act, the word is used as a command. B. MANDATORY STATUTES
Statutes conferring power
Use of “may” - Statutes which confer upon a public body or officer power to
- The word “may” is an auxiliary verb showing, among others perform acts which concern the pubic interests or rights of
opportunity or possibility. Under ordinary circumstances, the individuals, are generally regarded as mandatory although the
phrase “may be” implies the possible existence of something. language used is permissive only since such statutes are
- Generally speaking, the use of the word “may” in a statute construed as imposing rather than conferring privileges.
denotes that it is directory in nature. The word “may” is
generally permissive only and operates to confer discretion. Statutes granting benefits
- The word “may” as used in adjective laws, such as remedial - Statutes which require certain steps to be taken or certain
statutes which are construed liberally, is only permissive and conditions to be met before persons concerned can avail of the
not mandatory. benefits conferred by law are, with respect to such
requirements, considered mandatory.
When “shall” is construed as “may” and vice versa - The rule is based on the maxim vigilantibus et non
- Depending upon a consideration of the entire provision, its dormientibus jura subveniunt or the laws aid the vigilant, not
nature, its object, and the consequences that would follow from those who slumber on their rights.
construing it one way or the other, the convertibility of said - Potior est in tempoe, potior est in jure- he who is first in time is
terms either as mandatory or directory is a standard recourse preferred in right.
in statutory construction.
- It is well-settled that the word “may” should be read as “shall” Statutes prescribing jurisdictional requirements
where such construction is necessary to give effect to the - The general rule is that statutory requirements by which courts
apparent intention of the legislature. or tribunals acquire jurisdiction to hear and decide particular
- The word “may” will, as a rule, be construed as “shall” where a actions must be strictly complied with before the courts or
statute provides for the doing of some act which is required by tribunals can have authority to proceed.
justice or public duty, or where it vests a public body or officer - Hence, statutes prescribing the various steps and methods to
with power and authority to take such action which concerns be taken for acquisition by the courts or tribunals over certain
the public interest or rights of individuals. matters are considered mandatory.
- The word “shall” may be construed as “may” when so required
by the context or intention of the legislature. It shall be Statutes prescribing time to take action or to appeal
construed merely as permissive when no public benefit or
private right requires that it be given an imperative meaning.

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- Statutes or rules prescribing the time for litigants to take well as to those which direct or require election officials to do or
certain actions or to appeal from an adverse decision is perform certain acts, the purpose of such construction being to
generally mandatory. preserve the sanctity of the ballot and carry out the will of the
- Such statutes or rules have been held as absolutely electorate.
indispensable to the prevention of needless delays and to the - The rule does not apply to provisions of the election laws
orderly and speedy discharge of business and are a necessary prescribing the time limit to file certificates of candidacy and
incident to the proper, efficient, and orderly discharge of judicial the qualifications and disqualifications to elective office.
functions. - These provisions are considered mandatory even after
- Such statutes or rules require strict, not substantial, elections.
compliance. Accordingly, they are not waivable, nor can they be
the subject of agreements or stipulations by litigants. Statutes prescribing qualifications for office
- Eligibility to a public office is of a continuing nature and must
Statutes prescribing procedural requirements exist at the commencement of the term and during the
- In statutes relating to procedure, every act which is occupancy of the office. Statutes prescribing the eligibility or
jurisdictional, or of the essence of the proceedings, or is qualifications of persons to a public office are, as a rule,
prescribed for the protection or benefit of the party affected, is regarded as mandatory.
mandatory. A statute which requires a court to exercise its
jurisdiction in a particular manner, follow a particular Statutes relating to assessment of taxes
procedure, or subject to certain limitations, is mandatory, and - It is a general rule that the provisions of a statute relating to the
an act beyond those limits is void as in excess of jurisdiction. assessment of taxes, which are intended for the security of the citizens,
- The statute prescribing such requirements is regarded as or to insure the equality of taxation, or for certainty as to the nature
mandatory, even though the language used therein is and amount of each other’s tax, are mandatory; but those designed
permissive in nature. merely for the information or direction of officers or to secure
methodical and systematic modes of proceedings are merely directory.
Election laws on conduct of election
- The provisions of election laws governing the conduct of Statutes concerning public auction sale
elections and prescribing the steps election officials are required - Statutes authorizing public auction sale of properties and
to do in connection therewith are mandatory before the prescribing the procedure to be followed are in derogation of
elections; however, when it is sought to enforce them after the property rights and due process, and are construed, with
elections, they are held to be directory only, if that is possible, respect to the prescribed procedure, to be mandatory.
especially where, if they are held to be mandatory, innocent - The prescribed steps must be followed strictly; otherwise, the
voters will be deprived of their votes without any fault on their sale at public auction shall be void.
part.
- Unless of a character to affect an obstruction to the free and C. DIRECTORY STATUTES
intelligent casting of the votes, or to the ascertainment of the Statutes prescribing guidance for officers
result, or unless the provision affects an essential element of - There are statutory requisitions intended for guidance of
the election, or unless it is expressly declared by the statute officers in the conduct of business devolved upon them which
that the particular act is essential to the validity of an election, do not limit their power or render its exercise in disregard of
or that its omission shall render it void. the requisitions ineffectual.
- Provisions of this character are not usually regarded as
Election laws on qualification and disqualification mandatory, unless accompanied by negative words importing
- The rule that election laws are mandatory before but not after that the acts required shall not be done in any other manner or
the elections applies only to those provisions which are time than that designated.
procedural in nature affecting the conduct of the election as

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Statutes prescribing manner of judicial action - It has been held that a statute requiring rendition of judgment
- Statutes prescribing the requirements as to the manner of within a specified time is generally construed to be merely
judicial action that judges should follow in the discharge of their directory, so that non-compliance with them does not invalidate
functions are, as a rule, merely directory. the judgment on the theory that if the statute had intended
- It should not be assumes in the absence of specific language to such result, it would have clearly indicated.
the contrary that the legislature intended that the right of - However, while the period fixed by law to resolve a case is
parties should be seriously affected by the failure of a court or merely directory, it cannot be disregarded or ignored
some officer to comply strictly with the statutory requirements completely with absolute immunity.
of official action. - It cannot be assumed that the law has included a provision that
- Procedure is secondary in importance to substantive right, and is deliberately intended to become meaningless and to be
the non observance of such procedure should never be treated as a dead letter.
permitted to affect substantive right, unless the intention of the
legislature is clearly expressed. Constitutional time provision directory
- It is universally held that statutes of this nature are merely - Does the Constitution alter the general rule and render time
directory and noncompliance therewith is not necessary to the provision to decide mandatory? Is a decision rendered beyond
validity of the proceedings. the period prescribed in the Constitution- 24 months for the
Supreme Court, 12 months for the lower collegiate courts and 3
Statutes requiring rendition of decision within prescribed period months for other lower courts- null and void?
- The constitution provides that the maximum period within - THE Supreme Court gave negative answers (Marcelino v. Cruz)
which a case or matter shall be decided or resolved from the
date of its submission, shall be 24 months for the Supreme CHAPTER 9
Court, and unless reduced by the Supreme Court, 12 months
for lower collegiate courts and 3 months for all other lower
courts.
- Each Constitutional Commission shall decide any case brought
I. Prospective And Retroactive Statutes: Definition
before it within sixty days from the date of its submission for
resolution. • Prospective statute is one, which operates upon facts looks and
- A judgment promulgated after the expiration of the said period
applies to the future.
is not null and void, although the officer who failed to comply • A retroactive law is a law which disability in respect to a transaction
with the lay may be dealt with administratively in consequence
already past.
of his delay-unless the intention to the contrary is manifest.
- Where a statute specifies the time at or within which an act is
II. Laws Operate Prospectively, Generally
to be done by a public officer or body, it is generally held to be
directory only as to the time, and not mandatory, unless the
A. Rule: statutes are to be construed as having only prospective
time is of the essence of the thing to be done, or the language
operation, unless the intent of the legislature to give them
of the statute contains negative words, or shows that the
retroactive effect is expressly declared or is necessarily implied
designation of the time was intended as a limitation of power,
from the language used (Montilla vs. Agustinia Corp.)
authority or right.
- The better rule is that where a construction of a time provision • Embodied in Article 4 of the civil code
as mandatory will cause great injury to persons not at fault or • Lex prospicit, non respicit – the law looks forward, not backward
result in a miscarriage of justice, such consequence should be • Lex futuro, judex de praeterito – the law provides for the future,
avoided by construing the statute as directory, for reasons of
the judge for the past
fairness, justice and fair play require such construction.

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• The fact that the law is silent as to the date of its application and • Makes an act done before the passage of the law and which is
that is couched in the past tense does not necessarily imply that it innocent when done, and punishes such act.
should have retroactive effect. • Applies only to criminal or penal matters and not to civil laws
C. Bill of attainder
B. Reason for the general rule • Rule: No bill of attainder shall be enacted
• The law has no binding effect until it is enacted hence it has no • Bill of attainder is a legislative act, which inflicts punishment
application to past but only to future times. without judicial trial.
• Nova consitutio futuris formam imponere debet non praeteritis – a • If a law is bill of attainder, it is an ex post facto law. If it is not an
new statute should affect the future, not the past. ex post facto law, it is not a bill of attainder.
D. When penal laws apply retroactively
III. Presumption against retroactivity • Unless it is favorable to the accused (Article 22, RPC)
• This is founded on conscience and good law and contained in
• The presumption is that all laws operate prospectively unless the aphorism: Favorabilia sunt amplianda, adiosa restringenda (laws
contrary clearly appears or is clearly plainly and unequivocally that are favorable to the accused are given retroactive effect.
expressed or necessarily implied (Cebu Portland vs. Commission of • Exception:
Internal Revenue). a) When the accused is a habitual delinquent.
• In every case of doubt, doubt must be resolved against retroactive b) Where the later statute expressly provide that it shall not apply
operation of laws to existing actions or pending cases
c) Accused disregards the later law and invokes the prior statute
IV. Words Or Phrases Indication Prospectivity under which he was prosecuted.
(1) Hereafter d) Amendatory statute which renders an illegal act prior to
(2) Thereafter enactment legal is generally given retroactive effect unless it is
(3) In the enacting clause: “from and after the passing expressly provide that such statute will not apply retroactively.
of this act” E. Statutes substantive in nature
(4) “shall” (Cebu Portland vs. CIR • Substantive law, which creates, defines or regulates rights
(5) “Shall take effect upon its approval” (Commissioner concerning life, liberty or property (creates substantive rights)
of Internal Revenue vs. Filipinas Compania de • In the absence of legislative intent, substantive laws should apply
Seguros prospectively.
• Procedural laws are retroactive.
V. Retroactive statutes F. Effects of pending actions
• The constitution does not prohibit the enactment of retroactive • A later statute restricting the jurisdiction of the court will not be so
statutes, which do not impair the obligations of contract, deprive construed as to affect the pending action, unless the statute itself
persons of property without due process of law, or divest rights that provides or unless express prohibitory words are used,
have already become vested. • Where a court which has no jurisdiction over a certain case but
• Ex post facto laws are prohibited. nevertheless decides it, from which appeal is taken, a statue
enacted during the pendency of the appeal vesting jurisdiction upon
VI. Statues Given Prospective Effect such trial court over the subject matter or such case may not be
A. Penal statutes, generally given retroactive effect so as to validate the judgment of the court
• Article 21 RPC – no felony shall be punishable by any penalty not • Substantive laws are generally not applicable to pending cases and
prescribed to its commission proceedings unless provided by the law.
• Basis of Article 21: Nullum crimen sine poena, nulla poena sine G. Qualification of rule
legis: there is no crime if there is no law punishing it. • Substantive law only applies to pending action of such is the clear
B. Ex post facto laws intent of the law, or it is a measure to promote social justice or in
• Rule: No ex post facto laws shall be enacted the exercise of police powers.

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• Cases must be decided in the light of the law as it exists at the time • Rule: if the thing omitted or failed to be done and which constitutes
of the decision by the appellate court the defect sought to be remove or made harmless is something
H. Statutes affecting vested rights which the legislature might dispensed with by a previous statute, it
• A statute may not be construed and applied retroactively if it may do so by a subsequent one.
impairs substantive right that has become vested. • Retroactive
I. Statutes affecting obligation of contract. X. Limitations to the rule
• Laws existing at the time of the execution of contract are the one • General rule: Curative and remedial statutes ill not be applied
applicable to such transactions and not later statutes, unless the retroactively if they impair vested rights
latter provide that they shall have retroactive effect. • Exception: If the curative or remedial statute is enacted as police
• Later statutes shall not be given retroactive effect if it impairs power measure: applies retroactively even if it curtails vested
obligations of contracts. rights.
J. Repealing and amendatory acts XI. Police power legislations
• Statutes which repeal earlier or prior laws operate prospectively • Reason for the exception: the non-impairment of obligations of
unless it is the intent of the legislature to give them retroactive contract or of vested rights must yield to the legitimate exercise of
effect. power, by the legislature, to prescribe the regulations to promote
• Repealing statue will not be given retroactive effect if it will impair the health, morals, peace, education, good order, safety and
vested rights of the obligation of contract. general welfare of the people.
XII. Statutes relating to prescription
VII. Statutes that are given retroactive effect • General rule: statute relating to prescription of action, being
A. Procedural laws – adjective laws which prescribe rules and procedural in nature, applies to all actions filed after its effectivity.
forms of procedure of enforcing rights or obtaining redress for • It is prospective (applies to causes that accrued and will accrue
their invasion. after it took effect) and retroactive (it applies to causes that
• The general rule that statutes are prospective and not retroactive accrued before its passage)
does not ordinarily apply to procedural laws. • Exceptions to retroactivity:
• Remedial laws – laws relative to remedies or confirmation of rights 1. If to do so will remove the bar of limitation, which has
already existing. become complete or disturb existing claims without
• Administrative rule – interpretative of a pre-existing statute and not allowing a reasonable time to bring actions thereon.
declarative of certain rights with obligations is given retroactive 2. If it will impair vested rights
effect as of the date of the effectivity if the statute XIII. Prescription in criminal and civil cases
VIII. Exceptions to the rule • General rule: laws on prescription of action apply as well to crimes
• General rule: procedural laws are applicable to pending actions or committed before the enactment as afterwards
proceedings • Difference:
• Exceptions: A. Civil suit: the statute is enacted by legislature as an impartial
1. When statute expressly provides or by necessary arbiter between two contending parties, not intended to be
implication made in favor of either party
2. If applying procedural laws retroactively would not be B. Criminal suite: statutes of limitation is a grantor surrendering
feasible or would work injustice. by act of grace its right to prosecute or declare that the offense
3. If it would involve intricate problems of due process or is no linger subject of prosecution after the prescriptive period:
impair independence of the court. till be applied retroactively if favorable to the accused.
IX. Curative statutes XIV. Statutes relating to appeals
• Healing acts; cures defects and adding to the means of enforcing • General rule: right to appeal from an adverse judgment is
existing obligations. Makes valid that which before the enactment if statutory and may be taken away.
the statute was invalid. • Remedial or procedural in nature and applies to pending actions.
• Cannot be applied retroactively if it will impair vested rights

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• In absence of a clear legislative intent to the contrary, a statue • General rule: amendatory act operates prospectively unless the
shortening the period for taking appeals is to be given prospective contrary is provided or the legislative intent to give it a retroactive
effect and may not be applied to pending proceedings in which effect is necessarily implied from the language used and no vested
judgment has already been rendered at the time of its enactment. rights is impaired.
• However, amendments relating to procedures should be given
retroactive effect.
CHAPTER 10 H. Effect of amendment in vested rights
• Rule: after the statute is amended, the original act continues to be
in force with regard to all rights that had accrued prior to the
I. Amendment
amendment or to obligations that were contracted under the prior
A. Power to amend
• Legislature has the power to amend, subject to constitutional act.
I. Effect of amendment on jurisdiction
requirement, any existing law
• Supreme court, in the exercise of its rule-making power or of its
• Rule: a subsequent statute amending a prior act with the effect of
divesting the court of jurisdiction may not be construed to operate
power to interpret the law, has no authority to amend or change
to oust jurisdiction that has already attached under the prior law.
the law
J. Effect of nullity of prior or amendatory act
B. How amendment effected
• By addition, deletion, or alteration of a statute which survives in its
• An invalid or unconstitutional law does not in legal contemplation
exist.
amended form.
• By enacting amendatory act modifying or altering some provisions
• Where a statute amended in invalid, nothing in effect has been
amended. The amended act shall be considered the original or
of the statue either expressly or impliedly
independent act.
Express amendment: done by providing amendatory act that specific • When the amended act is declared unconstitutional, the original
sections or provisions of a statute are amended; indicated as : “ to read
statute remains unaffected and in force.
as follows.
C. Amendment by implication
• There is implied amendment where a part of a prior statute II. Revision and Codification
A. Generally: restating the existing laws into one statute in order
embracing the same subject as the later act may not be enforced
to simplify complicated provisions.
without nullifying the pertinent provision of the latter in which
B. Construction to harmonize different provisions
event, prior act is deemed amended to the extent of the • The different provisions of a revised statute or code should be read
repugnancy.
and construed together.
D. When amendment takes effect
• After 15 days following the publication in the Official Gazette or
• Where there is irreconcilable conflict: that which is best in accord
with the general plan or, in the absence of circumstances upon
newspaper of general circulation
which to base a choice, that which is later in physical position,
E. How construed
• A statute and its amendment should be read together as a whole being the latest expression of legislative will, will prevail.
C. What is omitted is deemed repealed
meaning, it should be read as if the statue has been originally • When both intent and scope clearly evince the idea of a repeal,
enacted in its amended form.
• Portions not amended will continue to be in force with the same then all parts and provisions of the prior act that are omitted from
the revised act are deemed repealed.
meaning they have before amendment.
D. Change in phraseology
F. Meaning of law changed by amendment
• General rule: an amended act would be given a construction
• Rule: Neither an alteration in phraseology nor omission or addition
of words in the later statute shall be held necessarily to alter the
different from that of the law prior to its amendment for it is
construction of the former acts.
presumed that legislatures would not have amended the statue if it
E. Continuation of existing law
did not intend to change its meaning.
G. Amendment operates prospectively
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• Rule: the rearrangement of section or parts of a statute, or the 2. Where the legislature enacts something in general terms
placing of portions of what formerly was a single section in separate and afterwards passes another on the same subject,
section, does not operate to change the operation, effect and although in affirmative language, introduces special
meaning of the statute, unless changes are of such nature as to condition or restrictions.
manifest the cleat intent to change the former laws. H. Repealing clause
III. Repeals • All laws or part thereof, which are inconsistent with this act, are
A. Power to repeal hereby repealed or modified accordingly.
• Legislature has plenary power to repeal, Supreme court, while it • Nature of this clause: not an express repeal rather, it is a clause
has the power to promulgate rule of procedure, it cannot in the which predicates the intended repeal upon the condition that a
exercise of such power alter, change or repeal substantive laws. substantial conflict must be found on existing and prior acts of the
B. Repeal: total or partial, express or implied same subject matter
1. Total: rendered revoked completely • Ex proprio vigore
2. Partial: Leaves the unaffected portion of the statue in force • Rule: the failure to add a specific repealing clause particularly
3. Express: there is a declaration in a statute (repealing mentioning the statute to be repealed indicated the intent was not
clause) to repeal any existing law on the matter unless an irreconcilable
4. Implied: all other repeals inconsistency and repugnancy exist in the terms of the new and old
C. Repeal by implication laws.
• Two well-settled categories: I. Repeal by implication not favored
1. Where the provisions in the two acts on the same subject • Rule: Repeals by implication not favored
matter are irreconcilable, the later act repeals the earlier • Presumption is against inconsistency and against implied repeals
one for it is presumed that legislatures know existing laws on the
2. Later act covers the whole subject of the earlier one and is subject and not to have enacted inconsistent or conflicting statutes.
clearly intended as substitute. J. Leges posteriores priores contraries abrogant – later
D. Irreconcilable inconsistency statue repeals prior ones which are repugnant thereto. As
• Rule: repugnancy must be clear and convincing or the later law between two laws, on the same subject matter, which are
nullifies the reason or purpose of the earlier to call for a repeal. irreconcilable inconsistent, that which is passed later prevails.
Mere difference in terms will not create repugnance. K. General law
• Leges posteriors priores contraries abrogant: A later law repeals an • Rule: General law on a subject does not operate to repeal a prior
earlier law on the same subject which is repugnant thereto. special law on the same subject unless clearly appears that the
E. Implied repeal by revision or codification legislature has intended the later general act to modify the earlier
• Rule: Where a statute is revised or a series of legislative acts on special law.
the same subject are revised and consolidated into one, covering • Generalia specialibus non derogant : a general law does not nullify
the entire field of subject matter, all parts and provisions of the a specific or special law.
former act or acts that are omitted from the revised act are • Reason: the legislature should make provisions for all circumstance
deemed repealed. of the particular case.
F. Repeal by reenactment L. When special or general law repeals the other
• Where a statute is a reenactment of the whole subject in • Rule: Where a later special law on a particular subject is repugnant
substitution of the previous laws on the matter, the latter to or inconsistent with a prior general law on the same subject, a
disappears entirely and what is omitted in the reenacted law is partial repeal of the latter is implied to the extent of the
deemed repealed. repugnancy or exception granted upon the general law.
G. Other forms of implied repeal • Legislative intent to repeal must be shown in the act itself, the
1. When two laws is expressed in the form of a universal explanatory not to the bill before its passage into a law, the
negative: a negative statute repeals all conflicting discussion on the floor of the legislature and the history of the two
provisions unless the contrary intention is disclosed. legislations.

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• Rule: General law cannot be construed to have repealed a special • Repeal without qualification of penal law deprived the court of the
law by mere implication. jurisdiction to punish persons charged with a violation of the old
• Rule: If intention to repeal the special law is clear, the special law law prior to its repeal.
will be considered as an exception to the general law will not apply. • Where repeal is absolute, crime no longer exists.
Special law is repealed by implication. • Exception:
M. Effects of repeals 1. The repealing act reenacts the statute and penalizes the
1. Statute is rendered inoperative same act previously penalized under the repealed law, the
2. Does not undo the consequences of the operation of the act committed before the reenactment continues to be a
statute while in force crime.
3. Does not render illegal what under the repealed act is legal 2. Where the repealing act contains a saving clause providing
4. Does not lake legal what under the former law is illegal that pending actions shall not be affected, the latter will
N. On jurisdiction continue to be prosecuted in accordance with the old law.
• Jurisdiction to try and decide actions is determined by the law in o Distinction as to effect of repeal and expiration of law
force at the time the action is filed. • In absolute repeal, the crime is obliterated
• General rule: where the court or tribunal has already acquired and • In expiration of penal law by its own force does not have that effect
is exercising jurisdiction over a controversy, its jurisdiction to V. Effect of repeal of municipal charter
proceed to final determination of the cause is not affected by the • Superseding of the old charter by a new one has the effect of
new legislation repealing the statue which originally conferred abolishing the offices under the old charter.
jurisdiction unless the repealing statute provides otherwise W. Repeal or nullity of repealing law
expressly or by necessary implication. • Law first repealed shall not be revived unless expressly provided
O. On jurisdiction to try criminal cases • Where a repealing statute is declared unconstitutional, it will have
• Jurisdiction of a court to try a criminal case is determined by the no effect of repealing the former statute.
law in force at the time the action is instituted.
P. On actions pending or otherwise
• The general rule is that the repeal of a statue defeats all actions CHAPTER 11 (CONSTITUTIONAL CONSTRUCTION)
and proceedings including those which are still pending.
Q. On vested rights
CONSTITUTION
• Repeal of a statute does not destroy or impair rights that accrued • Fundamental law which sets up a form of government and defines
and became vested under the statute before its repeal.
and delimits powers thereof.
R. On contracts • Is supreme, imperious, absolute and unalterable except by the
• When a contract is entered into by the parties on the basis of the
authority from which it emanates
law when obtaining, the repeal or amendment of said law does not • Authority of which emanates from the sovereign people
affect the terms of the contract not impair the right of the parties
thereunder.
ORIGIN AND HISTORY
S. Effect of repeal of tax law
1935 Constitution
• Repeals does not preclude the collection of taxes assessed under • Act of US Congress/Tydings-Mcduffie Law authorized the people of
the old law before its repeals unless the repealing statute provides
P.I. to adopt a Constitution
otherwise • Steps
T. Repeal and enactment
1 Drafting and approval of the Constitutional Convention
• Simultaneous repeal and reenactment of a statue does not affect
2 Certification of the US President
the rights and liabilities which have accrued under the original
3 Ratification by the Filipino people- May 14, 1935
statute since the reenactment neutralizes the repeal and continues
1975 Constitution
the law in force without interruption. • R.A. 6132 – call for a convention to propose amendments of the
U. Effect of repeal of penal laws
1935 Constitution
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Statutory Construction Reviewer Vena V. Verga and Aris S. Manguera

• Aug 24, 1970- election of delegates • Doctrinal/Previous laws and judicial rulings
• Sept 21, 1972- declaration of Martial Law ✓ Relying on established precedents
• Jan 17, 1973- 1973 Constitution is proclaimed ratified ✓ Courts are bound to presume that the people adopting
Freedom Constitution a constitution are familiar with the previous and
• March 25, 1986-Feb 2, 1987 existing laws upon the subjects to which its provisions
1987 Constitution relate and upon which they express their judgment and
opinion in its adoption
PURPOSE OF CONSTITUTIONAL CONSTRUCTION • Contemporaneous construction and writings
• To ascertain intent or purpose of the framers of the Constitution as ✓ Relying on construction of the legislative and executive
expressed in the language of the fundamental law, and thereafter departments
to assure realization. ✓ Where a legislature has revised a statute after a
constitution has been adopted, such a revision is to be
MODALITIES OF CONSTITUTIONAL CONSTRUCTION regarded as a legislative construction.
INTRINSIC • Changes in Phraseology
• Textual/Literal interpretation/Plain-meaning ✓ A change in phraseology of the present Constitution
✓ Terms must be construed in their general and ordinary may indicate an intent t modify or change the meaning
sense of the old provision and thus reflect a different intent
✓ General prevails over the restricted unless the limited • Consequence of alternative constructions
sense is intended ✓ Where a constitutional provision is ambiguous, that
• Structural construction which lead to absurd, impossible or
✓ Drawing inferences from the architecture of the mischievous consequences must be rejected
Constitution
• Construction as a whole OTHER RULES:
✓ A provision in the Constitution should not be construed
in isolation rather as a whole and apparently conflicting • Constitution construed as a whole
provisions should be reconciled and harmonized in a ✓ A provision in the Constitution should not be construed
manner that may give to all of them full of force and in 

effect] isolation rather as a whole and apparently, conflicting
provisions 

EXTRANEOUS should be reconciled and harmonized in a manner that
• Historical may give to all 

✓ Relying on circumstances, historical events and of them full force and effect.
ideological positions upon the adoption of the • Mandatory or Directory
Constitution ✓ The established rule is that constitutional provisions are 

• Proceedings of the Convention to be construed as mandatory, unless by express
✓ Debates, interpretations, and opinions expressed provision or by 

concerning particular provisions yield additional insight necessary implication, a different intention is
on the intent and meaning thereof but are not absolute manifested. It is a 

and conclusive for the Constitution does not derive its general rule to regard constitutional provisions as
force from the convention but from the people who mandatory and 

ratified it. Moreover, opinions expressed by some not to leave any discretion to the will of a legislature to
individuals during the convention, do not necessarily obey or 

reflect the state of mind of those who did not express to disregard them. This presumption as to mandatory
their opinion. quality is 


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Statutory Construction Reviewer Vena V. Verga and Aris S. Manguera

usually followed unless it is unmistakably manifest that LATIN MAXIMS

the 

provisions are intended to be merely directory. The
Absoluta sententia expositore non indiget
reason why 

When the language of law is clear, no explanation of it is required. (p.
provision of the constitution are generally regarded as
127)
mandatory is 

that in a constitution, the sovereign itself speaks and is
Aequitas nunquam contravenit legis
laying 

Equity never acts in contravention of the law. (p.128)
down the rules which for the time being at least are to
control 

Casus omissus pro omisso habendus est
alike the government and the governed. Its provisions
A person, object, or thing omitted from an enumeration must be held to
are binding 

have been omitted intentionally. (p.231)
upon all departments of the government.
• Prospective or Retroactive
Cessante ratione legis, cessat et ipsa lex
✓ The rule is that a constitution should operate
When the reason of the law ceases, the law itself ceases. (p.142)
prospectively 

only, unless the words employed show a clear intention
Contemporanea expositio est optima et fortissima in lege
that it 

The contemporary construction is strongest in law. (p.110)
should have a retroactive effect.
• Applicability of Statutory Construction to Constitutional
Dura lex sed lex
Construction
The law may be harsh, but that is the law. (p.127 and p.298)
✓ Some of the rules in statutory construction are
applicable to the construction of the Constitution
Ea est accipienda interpretatio quae vitio caret
• Generally, Provisions of the Constitution are self-executing in nature
That interpretation is to be adopted which is free from evil or injustice.
✓ The general rule is that constitutional provisions are
(p.153)
self-

executing, except when the provisions themselves
Ex dolo malo non oritur action
expressly require 

No man can be allowed to found a claim upon his own wrongdoing. (p.
legislations to implement them or when, from their
174)
language or 

tenure, they are merely declarations of policies and
Ex necessitate legis
principles. A 

By necessary implication of law. (glossary)
self-executing provision is one which is complete by
From the necessity of the law. (p.164)
itself and 

becomes operative without the aid of supplementary or
Expressio unius est exclusio alterius
enabling 

The express mention of one person, thing, or consequence implies the
legislation, or which supplies sufficient rule by means of
exclusion of all others. (p.222)
which the 

right it grants may be enjoyed or protected. The rule is
Falsa demonstratio non nocet, cum de corpore constat
that in 

False description does not preclude construction nor vitiate the meaning
case of doubt, the Constitution should be considered
of the statute. (glossary)
self-executing 

False description does not preclude construction nor vitiate the meaning
rather than non-self-executing
of the statute which is otherwise unclear. (p.161)

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Fiat justicia, ruat coelum

Let right be done, though the heavens fall. (p.154) Jure naturae aequum est neminem cum alterius detrimento et injuria
fieri locupletiorem
Hoc quidem perquam durum est, sed ita lex scripta est The fact that a statute is silent, obscure, or insufficient with respect to
It is exceedingly hard but so the law is written. (p.127) a question before the court will not justify the latter from declining to
render judgment thereon. (p.157)
Ibi quid generaliter conceditur; inest haec exceptio, si non aliquid sit
contras jus basque Legis interpretatio legis vim obtinet (glossary)
Where anything is granted generally, this exception is implied; that Legis interpretato legis vim obtinet (p.67)
nothing shall be contrary to law and right. (p.161) The authoritative interpretation of the court of a statute acquires the
force of law by becoming a part thereof. (glossary)
Impossibilium nulla obligatio est The authoritative interpretation of the Supreme Court of a statute
There is no obligation to do an impossible thing. (p.162) acquires the force of law by becoming a part thereof. (p.67)

In eo quod plus sit, semper inest et minus Lex prospicit, non respicit
The greater includes the lesser. (p.164) The law looks forward, not backward. (p.68 and p.352)

In pari delicto potior est conditio defendentis (p.174) Maledicta est expositio quae corrumpit textum
(in the book, this maxim appears to mean “No man should be allowed It is dangerous construction which is against the text. (p.126)
to take advantage of his own wrong,” but that is also the meaning of
Nullus commodum potest de injuria propriasua) Nemo tenetur ad impossibile
The law obliges no one to perform an impossibility. (p.162)
Index animi sermo (p.124)
Index animi sermo est (glossary) Nullus commodum potest de injuria propriasua (glossary)
Speech is the index of intention. Nullus commodum capere potest de injuria sua propria (p.174)
No man should be allowed to take advantage of his own wrong.
Interest reipublicae ut sit finis litium
The interest of the State demands that there be an end to litigation. (p. Obiter dictum
122) An opinion expressed by a court on some question of law which is not
Public interest requires that by the very nature of things there must be necessary to the decision of the case before it. (p.122)
an end to a legal controversy. (glossary and p.340)
Optimus interpres rerum usus
Interpretatio fienda est ut res magis valeat quam pereat The best interpreter of the law is usage. (p.114)
That interpretation as will give the thing efficacy is to be adopted. (p.
131) Quando aliquid prohibetur ex directo, prohibetur et per obliquum
A law should be interpreted with a view to upholding rather than What is prohibited directly is prohibited indirectly. (glossary)
destroying it. (glossary and p.256) What cannot, by law, be done directly cannot be done indirectly. (p.
176)
Interpretatio talis in ambiguis semper fienda est ut evitetur
inconveniens et absurdum (p.148 and glossary) Ratihabito mandato aquiparatur (glossary)
Interpretato talis in ambiguis semper frienda est, ut evitatur Ratihabitio mandato aequiparatur (p.120)
inconveniens et absurdum (p.152) Legislative ratification is equivalent to a mandate.
Where there is ambiguity, such interpretation as will avoid
inconvenience and absurdity is to be adopted.

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Statutory Construction Reviewer Vena V. Verga and Aris S. Manguera

Ratio legis Actus non facit reum nisi mens sit rea
Interpretation according to spirit. (glossary) The act itself dos not make a man guilty unless his intention were so.
Interpretation according to the spirit or reason of the law. (p.132) (p.292)

Ratio legis est anima legis (glossary) Ad proximum antecedens fiat relatio nisi impediatur sentential
Ratio legis est anima (p.142) Relative words refer to the nearest antecedents, unless the context
The reason of the law is its soul. otherwise requires. (p.232)

Stare decisis et non quieta movere Argumentum a contrario

Follow past precedents and do not disturb what has been settled. Negative-opposite doctrine (p.223)
(glossary)
One should follow past precedents and should not disturb what has Casus omissus pro omisso habendus est
been settled. (p.121) A person, object, or thing omitted from an enumeration must be held
to have been omitted intentionally. (p.231)
Summum jus, summa injuria
The rigor of the law would become the highest injustice. (p.162) Dissimilum dissimilis est ratio
Of things dissimilar, the rule is dissimilar. (p.204)
Surplusagium non nocet (glossary)
Surplusagium non noceat (p.159) Distingue tempora et concordabis jura
Surplusage does not vitiate a statute. Distinguish times and you will harmonize laws. (p.271)

Ubi jus, ubi remedium Dura lex sed lex

Where there is a right, there is a remedy. (glossary) The law may be harsh, but that is the law. (p.127 and p.298)
Where there is a right, there is a remedy for violation thereof. (p.166)
Ejusdem generis
Utile per inutile non vitiatur Of the same kind or specie. (p.213)
The useful is not vitiated by the non-useful. (p.159)
Exceptio firmat regulam in casibus non exceptis
Verba intentioni, non e contra, debent inservire A thing not being excepted must be regarded as coming within the
Words ought to be more subservient to the intent and not the intent to purview of the general rule. (pp.222-223)
the words. (p.133)
Expressio unius est exclusion alterius
Verba legis The express mention of one person, thing, or consequence implies the
Plain-meaning rule. (p.124) exclusion of all others. (p. and p.222)

Verba legis non est recedendum Expressum facit cessare tacitum

From the words of the statute there should be no departure. (p.124) What is expressed puts an end to what is implied. (p.222)

Favorabilia sunt amplianda, adiosa restringenda (p.360)

Post-Midterms (Chapters 5-10) Favores ampliandi sunt; odia restringenda (glossary)
Penal laws which are favorable to the accused are given retroactive
Actus me invito factus non est meus actus effect.
An act done by me against my will is not my act. (p.292)
Generale dictum generaliter est interpretandum

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Statutory Construction Reviewer Vena V. Verga and Aris S. Manguera

A general statement is understood in a general sense. (p.183) Nova constitutio futuris formam imponere debet non praeteritis
A new statute should affect the future, not the past. (p.353)
Generalia specialibus non derogant
A general law does not nullify a specific or special law. (p.415) Nullum crimen sine poena, nulla poena sine legis
There is no crime without a penalty, and there is no penalty without a
Generalia verba sunt generaliter inteliigenda law. (p.357)
What is generally spoken shall be generally understood. (p.183)
Nullum tempus occurrit regi (p.307)
Interest reipublicae ut sit finis litium Nullum tempus occurit (glossary)
The interest of the State demands that there be an end to litigation. (p. There can be no legal right as against the authority that makes the law
122) on which the right depends.
Public interest requires that by the very nature of things there must be
an end to a legal controversy. (glossary and p.340) Optima statuti interpretatrix est ipsum statutum
The best interpreter of a statute is the statute itself. (p.248)
Interpretare et concordare leges legibus est optimus interpretandi
modus (p.268) Pari materia
Interpotare et concordare legibus est optimus interpotandi modus Relating to same matter (p.268)
(glossary)
The best method of interpretation is that which makes laws consistent Potior est in tempoe, potior est in jure
with other laws. (p.268) He who is first in time is preferred in right. (p.338)
Every statute must be so construed and harmonized with other statutes
as to form uniform system of law. (glossary) Privilegia recipiunt largam interpretationem voluntati consonam
concedentis (p.298)
Interpretatio fienda est ut res magis valeat quam pereat
That interpretation as will give the thing efficacy is to be adopted. (p. Privilegia reciprint largan interpretationem voluntate consonan
131) concedentis (glossary)
A law should be interpreted with a view to upholding rather than Privileges are to be interpreted in accordance with the will of him who
destroying it. (glossary and p.256) grants them.

Leges posteriores priores contrarias abrogant Later statute repeals prior Reddendo singula singulis
ones which are repugnant thereto (p.413) Referring each to each; referring each phrase or expression to the
A later law repeals a prior law on the same subject which is repugnant appropriate object; or let each be put in its proper place. (p.234)
thereto. (glossary)
Salus populi est suprema lex
Lex de futuro, judex de praeterito The voice of the people is the supreme law. (p.288)
The law provides for the future, the judge for the past. (p.352)
Statuta pro publico commodo late interpretantur
Lex prospicit, non respicit Statutes enacted for the public good are to be construed liberally. (p.
The law looks forward, not backward. (p.68 and p.352) 288)

Noscitur a sociis Ubi lex non distinguit, nec nos distinguere debemus
Words construed with reference to accompanying or associated words. Where the law does not distinguish, we should not distinguish. (p.197)
(p.206)
Verba accipienda sunt secundum subjectam materiam (glossary)

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Verba accipienda sunt secundum materiam (p.196)

A word is to be understood in the context in which it is used.

Vigilantibus et non dormientibus jura subveniunt

The laws aid the vigilant, not those who slumber on their rights. (p.
338)

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