Statutory Construction Coverage for 1st Examination Theoretically, the question before a judge in case which

requires the interpretation of a statute is whether the written

CHAPTER I: INTRODUCTION text correctly expresses the legislative intent. This appears to be
a very simple process. On a practical level, determining
A. BACKGROUND
legislative intent means that a judge must determine, among
1. Definition other things, whether he or she should rely on the literal import
of the law as written or whether to rely on canons of
In Caltex, Inc. vs Palomar, the Supreme Court defined construction and go beyond the written text. The rule is that
construction as “the art or process of discovering or expounding construction is not necessary when the law is clear. However,
the meaning and intention of the authors of the law with determining whether law is clear or not by itself could be a
respect to the application to a given case, where the intention is complicated process. There are several tests in determining
rendered doubtful, amongst others, by reason of the fact that whether a provision of law is clear or ambiguous, all of which
the given case is not explicitly provided for in the law. requires a certain degree of judgment and subjectivity. Once
ambiguity is established, it will then be up to the judge to
Construction is also defined as “the act or result of
ascertain which canon of construction should be used in order
construing, interpreting or explaining the meaning or effect of a
to determine the legislative intent.
statute or contract. The subject is also called Legal
Hermeneutics, which is defined as “the systematic body of rules Note: The consistent objective and purpose of construction is
which are recognized as applicable to the construction and the determination of legislative intent. The means by which one
interpretation of legal writings.” can achieve that purpose varies.

Art 8, Sec. 1 of the 1987 Constitution vests judicial It involves the determination of legislative intent
power in the Supreme Court and such other courts established
by law. It is defined as “the right to determine actual The primary objective of construction is to ascertain
controversies arising between adverse litigants, duly instituted and give effect to the intention of the legislature. The
in courts of proper jurisdiction. The exercise by the courts of determination of legislative intent is the primary consideration.
judicial power in resolving actual controversies often times In Senarillos vs Hermosisima, the Court ruled held that the
requiring the construction of statues as applied in the case judicial interpretation of statute constitutes part of the law as of
before them. the date the law was passed, since said construction merely
establishes the legislative intent that the interpreted law carried
2. Characteristics of Construction into effect. Thus, when the courts construe a law, they are
merely affirming what was originally intended by the legislature
Based on the definition, statutory construction may be
in enacting the same.
broken down into the following characteristics:
In the interpretation and construction of a statute the
It is an art or process
intent of the law-maker should always be ascertained and given
Construction of statutes is not an exact science. It does effect, and courts will not follow the letter of a statute when it
not depend on a set of formulas that can be readily applied in leads away from the true intent and purpose of the Legislature
every case. In fact, a statute may be interpreted differently if and to conclusion inconsistent with the spirit of the Act.
different maxims of construction are applied. The principles of
The intent of Statute is the law – If a statute is valid it is to have
statutory construction should not be used if its application will
effect according to the purpose and intent of the lawmaker. The
run counter to the clear legislative intent which can be
intent is the vital part, the essence of the law, and the primary
determined from the other parts of the law. The very nature of
rule of construction is to ascertain and give effect to that intent.
construction, that is, to determine the intention of the
The intention of the legislature in enacting a law is the law itself,
legislature, lends itself to subjectivity and uncertainty.
and must be enforced when ascertained, although it may not be
The canons of construction should be considered as consistent with the strict letter of the statue. Courts will not
auxiliary rules of construction which are neither universal nor follow the letter of a statute when it lead away from the true
conclusive in application. Thus, it should be applied only as a intent and purpose of the legislature and to conclusions
means of discovering legislative intent which is not otherwise inconsistent with the general purpose of the act. Intent is the
manifest and should not be permitted to defeat the plainly spirit which gives life to a legislative enactment. In construing
indicated purpose of the legislature. statutes the proper course is to start out and follow the true
intent of the legislature and to adopt that sense which Tests in determining whether a statute is ambiguous, which
harmonies best with the content and promotes in the fullest calls for its construction:
manner the apparent policy and objects of the legislature.
1. Test of multiple interpretations. When the statute is
Jurisprudence ruled that a rule must be tested capable of two or more reasonable interpretations,
according to its result, that is , the intention of the law in such that men of common intelligence must necessarily
question must be sought for in its nature, the object to be guess at its meaning and differ as to its application.
accomplished, the purpose to be subserved and its relation to 2. Test of impossibility. When literal application is
the Constitution. impossible or inadequate.
3. Test of absurdity or unreasonableness. When a literal
It is necessary when the legislative intent cannot be interpretation of the statute leads to an unjust, absurd,
readily ascertained from the words used in the law as applied unreasonable or mischievous result, or one at variance
under a set of facts. with the policy of the legislation as a whole.

A cardinal rule in statutory construction is that when Note: Jurisprudence ruled that under the Philippine system of
the law is clear and free from any doubt or ambiguity, there is government, the duty and ultimate power to construe the laws
no room for construction or interpretation. There is only room is vested in the judicial department, just as the duty and
for application. As the statute is clear, plain and free from ultimate power to legislate is vested in the legislature.
ambiguity, it must be given its literal meaning and applied
without attempted interpretation. This is what is known as the The case of Endencia vs David. This case involves the
plain-meaning rule or verba legis. It is expressed in the maxim, constitutionality of Sec. 13 of R.A. No. 590 which subjects to
index animi sermo, or ‘speech is the index of intention.’ income tax the salaries of judicial officers. The legislature and
Furthermore, there is the maxim verba legis non est Sec. 13, Republic Act No. 590, says that ‘no salary wherever
recedendum, ‘from the words of a statute there should be no received by any public officer of the Republic (naturally including
departure. a judicial officer) shall be considered as exempt from the income
tax,’ and proceeds to declare that payment of said income tax is
The Supreme Court held that its first and fundamental not diminution of his compensation. May the legislature lawfully
duty is to apply the law. The court further held that declare the collection of income tax on the salary of a public
“construction and interpretation come only after it has been official, specially a judicial officer, not a decrease of his salary,
demonstrated that application is impossible or inadequate after the Supreme Court has found and decided otherwise? To
without them.’ From these rulings, it is clear that the courts can determine this question, we shall have to go back to the
construe a law only if it is shown that a literal application of the fundamental principles regarding separation of powers.
law is either impossible or inadequate. The burden then is on
the party arguing for the need to go beyond the literal meaning Under our system of constitutional government, the
of the words used in a statute and construe the same in order to Legislative department is assigned the power to make and enact
determine its applicability under a given set of circumstances. laws. The Executive department is charged with the execution or
carrying out of the provisions of said laws. But the interpretation
Note: Construction is necessary only if the law is ambiguous. and application of said laws belong exclusively to the Judicial
Thus, “the rule is that only statutes with an ambiguous or department. And this authority to interpret and apply the laws
doubtful meaning may be subjected of statutory construction.” extends to the Constitution. Before the courts can determine
A statue is said to be ambiguous when “it is capable of being whether a law is constitutional or not, it will have to interpret
understood by reasonably well-informed persons in either two and ascertain the meaning not only of said law, but also of the
or more senses.” The court further held that the test to pertinent portion of the Constitution in order to decide whether
determine whether a statue is vague is when it lacks there is a conflict between the two, because if there is, then the
comprehensible standards that “men of common intelligence law will have to give way and has to be declared invalid and
must necessarily guess at its meaning and differ as to its unconstitutional. Defining and interpreting the law is a judicial
application. function and the legislative branch may not limit or restrict the
power granted to the courts by the Constitution.
In re Allen, the Supreme Court held that if a literal
interpretation of any part of a law will operate unjustly or lead By legislative fiat as enunciated in Sec. 13, Republic Act
to absurd results, or if such literal interpretation is contrary to No. 590, the Congress says that taxing the salary of a judicial
the evidence meaning of the law as a whole, such literal officer is not a decrease of compensation. This is a clear example
interpretation should be rejected.
of interpretation or ascertainment of the meaning of the phrase wrong interpretation cannot place the government in estoppels
‘which shall not be diminished during their continuance in to correct or overrule the same.
office,’ found in Sec. 9, Art. 8 of the Constitution, referring to the
salaries of judicial officers. This act of interpreting the 3. Purpose
Constitution or any par t thereof by the Legislature is an invasion
The purpose of statutory construction is determine
of the well-defined and established province and jurisdiction of
legislative intent when the same cannot be readily ascertained
the Judiciary.
from the plain language of the law. Its primary consideration is
The legislature cannot, upon passing a law which the determination of legislative intent. Thus, “the purpose of all
violates a constitutional provision, validate it so as to prevent an rules or maxims as to the construction or interpretation of
attack thereon in the courts, by a declaration that it shall be statues is to discover the true intention of the law.” Under the
construed as not to violate the constitutional inhibition. principle of effectiveness, “a statute must be read in such way as
to give effect to the purpose projected in the statute.” The
We have already said that the Legislature under our purpose of construction is to discover the intention of the law,
form of government is assigned the task and the power to make not to create doubt.
and enact laws, but not to interpret them. This is more true with
regard to the interpretation of the basic law, the Constitution, Note: A statute should be construed according to its spirit and
which is not within the sphere of the Legislative department. If reason, disregarding as far as necessary, the letter of the law.’
the Legislature may declare what a law means, or what a By this, we do not ‘correct the act of the Legislature, but rather
specific portion of the Constitution means, especially after the carry out and give due course to its true intent.’
courts have in actual case ascertain its meaning by
4. Theories of Interpretation
interpretation and applied it in a decision, this would surely
cause confusion and instability in judicial process and court Textualist theory, or originalism, the words used in the
decisions. statue take precedence over any other modes of construction.
Thus, the ordinary or plain meaning of construction should
Note: The principle that statutory construction is inherently a
control its interpretation.
judicial function does not preclude Congress from enacting
curative legislation. In fact, R.A. No. 590 in the Endencia case, Textualists focus on the text of the legal provisions, as
can be considered as a curative legislation. Furthermore, the it is presumed that the words, grammar, and punctuation
contemporaneous construction of laws by agencies tasked with communicate its meaning. This is because their main objective is
the implementation of the same is highly persuasive. Thus, the to find the “public meaning” of the statute or the meaning of
Supreme Court held that “the principle that the legal text as ordinary people understand it. As much as possible,
contemporaneous construction of a statute by the executive extrinsic sources of construction are avoided unless intrinsic
officers of the government, whose duty it is to execute it, is sources of meaning are found to be insufficient. Moderate
entitled to great respect, and should ordinarily control and textualists also refer to extrinsic sources as a means to confirm
construction of statutes by the courts, is so firmly embedded in and verify the plain meaning of interpretation. The strength of
our jurisprudence that no authorities need be cited to support the plain meaning rule lies on its simplicity. Its strength,
it.” The court further ruled that “where a statute has received a however, also gives rise to its weakness, that is, word often do
contemporaneous and practical interpretation and the statute not mean the same to everyone.
as interpreted is re-enacted, the practical interpretation is
accorded greater weight than it ordinarily receives, and is Intentionalism or originalism, focuses on legislative
regarded as presumptively the correct interpretation of the intent “in the belief that the policies and elected, representative
law.” body choose should govern society.” Unlike textualism,
intentionalism does not require the establishment of ambiguity
Administrative decisions interpreting statues do not before it can resort to extrinsic sources of construction, because
enjoy the same level of recognition as decisions of the Supreme it is the original intent of the framers of the law and this
Court, which form part of the legal system under Art. 8 of the requires a review of legislative history and legislative
Civil Code. Thus, a memorandum circular of a bureau head could deliberations. The main strength of this approach lies on its
not operate to vest a taxpayer with a shield against judicial consistency with the objective of construction, as it requires the
action because a wrong construction of the law by an court to inquire into the original intent of the legislature who
administrative agency does not create vested rights and such wrote the law. However its weakness is the fact that the
legislature consists of many individuals coming from different
backgrounds and with different motivations. Furthermore, a powers between the several departments and among the
simplistic application of intentionalist theory fails to reconcile integral or constituent units thereof.
between general legislative intent and specific legislative intent.
The general legislative intent refers to the general intention of The Constitution is a definition of the powers of
congress in drafting a law as a whole, while the specific government. Who is to determine the nature, scope and extent
legislative intent refers to the specific intention of the of such powers? The Constitution itself has provided for the
legislature in writing a specific section or provision of the instrumentality of the judiciary as the rational way. And when
statute. Intentionalism, which at its extreme focuses on specific the judiciary mediates to allocate constitutional boundaries, it
legislative intent, could be misleading in the sense that it fails to does not assert any superiority over the other departments; it
view the statute in light of the general intention that the does not in reality nullify or invalidate an act of the legislature,
legislature intended in the statue as a whole. but only assert the solemn and sacred obligation assigned to it
by the Constitution to determine conflicting claims of authority
Purposivism or the legal process theory, focuses on under the Constitution and to establish for the parties in an
determining the problem that the legislature is seeking to actual controversy the rights which that instrument secures and
address. Thus, interpretation is made with a view to the public guarantees to them. This is in truth all that is involved in what is
policy that the statute seeks to advance. termed ‘judicial supremacy’ which properly is the power of
judicial review under the Constitution.
Note: Philippine Supreme Court decisions shows that we do not
adopt a single, unitary theory of construction. This is evidenced Note: Courts accord the presumption of constitutionality to
by the fact that while the Court prioritizes the plain meaning legislative enactments, not only because the legislature is
rule as the objective manifestation of legislative intent, the presumed to abide by the Constitution but also because the
Court has not hesitated to state that if the language of the judiciary in the determination of actual cases and controversies
statute is inconsistent with its spirit or ratio legis, then the latter must reflect the wisdom and justice of the people as expressed
should prevail. The fact that our legal system does not adopt a through their representatives in the executive and legislative
single theory of construction gives the Courts flexibility in department.
advancing its interpretation of a statute.
Under the principle of separation of powers, the
B. RELATED LEGAL PRINCIPLES Constitution vests in the legislative branch of government the
power to enact laws, in the executive branch, the power to
1. Separation of Powers execute laws, and in the judicial branch, the power to interpret
laws. The principle of separation of powers likewise imposes a
The government consists of three great branches, the
limitation to judicial power. Considering that the legislature is
executive, legislative, and the judiciary. The relationship among
vested with the plenary power to legislate, the power of the
these 3 great branches is governed by certain constitutional
courts is limited to the interpretation of the laws enacted by the
principles, including the principles of separation of powers and
legislature and not to legislate, which is vested exclusively in the
checks and balances. Jurisprudence provides that the separation
legislative branch of government.
of powers is a fundamental principle in our system of
government. It obtains not through express provision but by Note: There is a sharp distinction, however, between
actual division in our Constitution. Each department of the construction of this nature and the act of a court in engrafting
government has exclusive cognizance of matters within its upon a law something that has been omitted which someone
jurisdiction, and is supreme within its own sphere. But it does believes ought to have been embraced. The former is liberal
not follow from the fact that the 3 powers are to be kept construction and is a legitimate exercise of judicial power. The
separate and distinct that the Constitution intended them to be latter is judicial legislation forbidden by the tripartite division of
absolutely unrestrained and independent of each other. The powers among the 3 departments of government.
Constitution has provided for an elaborate system of checks and
balances to secure coordination in the workings of the various In Director of Prisons vs Ang Chio Kio, it was held that
departments of the government. The overlapping and courts are not concerned with the wisdom or morality of laws
interlacing of functions and duties between the several but only in the interpretation and application of law.”
departments, however, sometimes make it hard to say just Furthermore, considering that the intent of the legislature is to
where the one leaves off and the other begins. In cases of be ascertained and enforces is intent expressed in the words of
conflict, the judicial department is the only constitutional organ the statute, if said legislative intent is not expressed in some
which can be called upon to determine the proper allocation of appropriate manner, the courts cannot, under the guise of
interpretation, “speculate as to an intent and supply a meaning determination of the court and made without argument, or full
not found in the phraseology of the law” and “the courts cannot consideration of the point, not the offered deliberate opinion of
assume some purpose in no way expressed and then construe the judge himself. As such, mere dicta is not binding under the
the statute to accomplish this supposed intention. The Court doctrine of stare decisis.
should shy away from encroaching upon the primary function of
a co-equal branch of the Government; otherwise, this would Finally, it is also important to consider that
lead to an inexcusable breach of the doctrine of separation of notwithstanding the principle of stare decisis, the Supreme
powers by means of judicial legislation. Court is not precluded from changing its mind and reversing a
previous doctrine that it laid down. Art. 8, Sec. 4(3) of the
2. Hierarchy of Laws Philippine Constitution states in part that “no doctrine or
principle of law laid down by the Court in a decision rendered en
Under the principle of hierarchy of laws, the Philippine banc or in a division may be modified or reversed except by the
Constitution is supreme over all laws, and as such, acts of Court sitting en banc.” The Court explained that “the
Congress, executive agencies exercising quasi-legislative interpretation or construction of a law by courts constitutes a
functions and local legislative bodies must be consistent with part of the law as of the date the statues is enacted” and that “it
the Constitution. is only when a prior ruling of this Court is overruled, and a
different view is adopted, that the new doctrine may have to be
3. Stare Decisis
applied prospectively in favour of parties who have relied on the
The maxim stare decisis et non quieta non movere old doctrine and have acted in good faith, in accordance
(follow past precedents and do not disturb what has been therewith under the familiar rule of lex prospicit, non respicit.
settled) is embodied in Art. 8 of the Civil Code which provides
that “judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the
Philippines.” It is based on the principle that once a question of
law has been examined and decided, it should be deemed
settled and closed to further argument. The principle is one of
policy grounded on the necessity for securing certainty and
stability in judicial decisions. The Supreme Court is described as
having the last word on what the law is, as it is the final arbiter
of any justifiable controversy. As such, lower courts are enjoined
to follow the decisions of the Supreme Court.

Note: The officials enforcing statutory law and regulations, the

lawyers and litigants seeking to know the law in concrete
controverted cases, and the judges in adversary litigations,
should be well posted on precedents.

For it is the better practice that when a court has laid

down a principle of law as applicable to a certain state of facts,
it will adhere to that principle and apply it to all futures cases
where the facts are substantially the same.

For the doctrine laid down by the Supreme Court to

apply to another case, the factual circumstances of the
precedent and the case to which it is applied must be
substantially the same. A different factual milieu in a
subsequent case can be used as justification for the non-
application of stare decisis. Furthermore, for the doctrine of
stare decisis to apply, the principle of law laid down by the
Supreme Court in the precedent case must pertain to the main
issue of the case and not merely obiter dictum. A dictum is an
opinion of a judge which does not embody the resolution or
 CHAPTER II: SUBJECT MATTER OF CONSTRUCTION be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered
A. SUBJECT OF CONSTRUCTION; TYPES OF LAWS in the Journal.
3. In case the version of the bill passed in the Senate is
compatible with the version passed by the House of
1. Constitution Representatives, the final version of the Bill shall be
printed. In case of differences, the Senate and House of
Constitutional law is defined as “that branch of public Representatives shall call a bicameral conference
law of a state which treats of the organization and frame of committee to reconcile conflicting provisions of both
government, the organs and powers of sovereignty, the versions, who will submit a report for approval of both
distribution of political and governmental authorities and chambers of Congress. Under the provisions of both
functions, the fundamental principles which are to regulate the the Rules of the HOR and Senate Rules, the Bicameral
relations of government and subject, and which prescribes Conference Committee is mandated to settle the
generally the plan and method according to which the public differences between the disagreeing provisions in the
affair of the state are to be administered. House Bill and the Senate bill. The term ‘settle’ is
synonymous to ‘reconcile’ and ‘harmonize.’
It forms part of political law, which the “branch of law
which deals with the organization and operation of the Note: To reconcile or harmonize disagreeing provisions, the
governmental organs of the State and define the relations of the Bicameral Conference Committee may then
state with the inhabitants of the territory.
(a) adopt the specific provisions of either the House bill or
Note: Philippine Constitution is the supreme law of the land, and Senate bill,
the Supreme Court described it as “the basic and paramount law
to which all other laws must conform and to which all persons (b) decide that neither provisions in the House bill pr the
including the highest officials of the land, must defer. provisions in the Senate bill would be carried into the final form
Consequently, any act of the government or a public official or of the bill, and/or
employee contrary to the Constitution is illegal, null, and void.
(c) try to arrive at a compromise between the disagreeing
2. Statues provisions.

Legislative power is the power to make, alter and Thus, all changes or modifications made by the BCC were
repeal laws. Sec. 1, Art. 6 of the 1987 Constitution provides that germane to subjects of the provisions referred to it for
“legislative power shall be vested in the Congress of the reconciliation.
Philippines which shall consist of a Senate and House of
4. After the bill is passed by both chambers without any
Representatives.” The Constitution also reserves in favour of the
conflict, the final enrolled form is submitted to the
people the exercise of legislative powers through initiative and
President for signature. The President may: (i) sign the
referendum.
bill into law. (ii) not sign the bill and allow it to lapse
Brief summary of the legislative process into law after 30 days, or (iii) veto the bill and send it
back to Congress with the veto message.
1. A law is proposed through the introduction of a bill by a
member of Congress. While a bill may be initiated Note: The President shall have the power to veto any particular
either in the Senate or House of Representatives, Art. item or items in an appropriation, revenue, or tariff bill, but the
6, Sec. 24 of the Constitution provides that “all veto shall not affect the item or items to which he does not
appropriation, revenue or tariff bills, bills authorizing object.
the increase of public debt, bills of local application,
5. The law shall take effect within 15 days after its
and private bills shall originate exclusively in the House
publication in a newspaper of general circulation,
of Representatives, but the Senate may propose or
unless a different period for effectivity after publication
concur with amendments.”
is provided in the law.
2. A bill must go through 3 readings in both house of
Congress. No Bill passed by either House shall become
a law unless it has passed 3 readings of separate days.
Upon last reading of a bill, no amendment thereto shall 3. Presidential Issuances
 Executive power is vested in the President of the expected from its delegates, who are supposed to be experts in
Philippines. Executive power includes the President’s ordinace the particular fields assigned to them.
powers, which is inherent to the President’s power to ensure
that laws are faithfully executed. With the proliferation of specialized activities and their
attendant-peculiar problems, the national legislature has found
Under the President’s ordinance powers, the President it more and more necessary to entrust to administrative
can enact the following: agencies the authority to issue rules to carry out the general
provisions of the statute. This is called the ‘power of
1. Executive orders – acts of the President providing for subordinate legislation.’
rules of a general or permanent character in the
implementation or execution of constitutional or In order to determine the validity of the delegation of
statutory power. legislative power, the Court employs 2 tests:
2. Administrative orders – acts of the President which
relate to a particular aspect of governmental (a) Completeness test – the law must be complete in all its
operations in pursuance of his duties as administrative terms and conditions when it leaves the legislature
head. such that when it reaches the delegate the only thing
3. Proclamations – acts of the President fixing a date or to be done is to enforce it.
declaring a status or condition of public moment or (b) Sufficient standard test – there should be adequate
interest, upon the existence of which the operation of a guidelines or standards or limitations in the law “to
specific law or regulation is made to depend. map out the boundaries of the delegate’s authority and
4. Memorandum Orders – acts of the President on prevent the delegate from running riot.
matters of administrative detail or of subordinate or
temporary interest which only concern a particular
officer or office of the government. 5. Ordinances
5. Memorandum circulars – acts of the President on
matters relating to internal administration, which the Local legislative power is vested in the Sangguniang
President desires to bring to the attention of all or Panlalawigan for the province, the sangguniang panlungsod for
some of the departments, agencies, bureaus or officers the city, the sangguniang bayan for the municipality and the
of the government, for information or compliance. sangguniang barangay for barangay.
6. General or Special orders – acts or commands of the
Jurisprudence provides the “substantive
President in his capacity as Commander-in-Chief of the
requirements” for the validity of an ordinance:
Armed Forces of the Philippines.
(a) It must not contravene the Constitution or any statute;
(b) It must not be unfair or oppressive;
4. Implementing Rules and Regulations (c) It must not be partial or discriminatory;
(d) It must not prohibit but may regulate trade;
IRR are issued by executive agencies tasked with the (e) It must be general and consistent with public policy’
implementation of laws passed by congress. The principle of (f) It must not be reasonable.
non-delegation of powers is applicable to all the 3 major powers
of the Government but is especially important in the case of the
legislative power because of the many instances when its
B. PARTS OF A STATUE
delegation is permitted. This had led to the observation that the
1. Title
delegation of legislative power has become the rule and its non-
delegation the exception. The reason is the increasing Part of the law that provides the name by which it is
complexity of the task of government and the growing inability individually known.
of the legislature to cope directly with the myriad problems
demanding its attention. To many of the problems attendant Note: Art. 6, Sec. 26(1) of the 1987 Constitution provides that
upon present-day undertakings, the legislature may not have ever bill passed by Congress shall embrace only one subject
the competence to provide the required direct ad efficacious, which shall be expressed in the titled thereof. The rule is borne
not to say, specific solutions. These solutions may, however, be out of the need to prevent with “hodge podge or log rolling
legislation” and to prevent the practice of enacting laws under 3. Enacting Clause
false or misleading titles.
It is the part of the statute which declares its
What is the rule in case of conflict between the title and the enactment and identifies the government body that enacted the
body of the statute? statue or regulation.

In City of Baguio vs Marcos the title of R.A. No. 931 4. Body

authorizes the filing of a petition to reopen a cadastral
proceeding within 40 years from the rendition of a judicial It is the part of a statute which contains the operative
decision. On the other hand, Sec. 1 of the same law allows the parts thereof, particularly its substantive and procedural
filling of the petition within 40 years from the institution of provisions. This is the main subject matter of statutory
judicial proceedings. It should be certain by now that when construction.
engaged in the task of construing an obscure expression in the
The body of a statute may include the following:
law or where exact or literal rendering of the words would not
carry out the legislative intent, the title thereof may be resorted (a) Short Title - purpose of the short title is to provide for a
to in the ascertainment of congressional will. Reason thereof is simple and easy designation of the statutory
that the title of the law may properly be regarded as an index of enactment.
or clue or guide to legislative intention. The title now under (b) Definition of terms – control the definition of the words
scrutiny possess the strength of clarity and positiveness. We used in the statute. Definition of a word expressed in
lean towards a liberal view. And this, because of the principle the statute shall control its interpretation regardless of
long accepted that remedial legislation should receive the whether the word has a different meaning according to
blessings of liberal construction. The ruling of the Supreme common usage.
Court in City of Baguio should be understood as the exception (c) Policy Section – used in lieu of the preamble. It is
rather than the general rule. The Court gave more meaning to usually enumerates the objectives of the statue and the
the title of R.A. No. 931 because the title is not merely policy it seeks to uphold and serve as a guide as to how
composed of catchwords but included language that is the the executive agency tasked with the implementation
substance of the law itself. As such, this ruling should only apply of the statute should interpret and enforce it.
to similar situations where the title of the law includes the (d) Substantive provisions – sets forth the rights, powers,
substance of the law itself. privileges, and immunities of persons benefited or
regulated by the statute.
2. Preamble
(e) Penal clause –sets forth the sanctions that may be
It is the introductory part of a statute that usually imposed against persons for violation of the statute.
states the reasons and intent of the law. It has been defined as The sanction may be civil, administrative, or criminal.
“prefatory explanation or statement, often commencing with (f) Administrative section – usually includes the manner by
the word whereas,’ which purports to state the reason or which the statute will be implemented, including the
occasion for making a law or to explain in general terms the creation of administrative agencies and enumerating its
policy of the enactment. powers and responsibilities.

Statements regarding the scope and purpose of a Note: It is a basic principle of construction that every part of a
statute that appear in the preamble may aid in the construction statute must be given effect and a construction that will render
of doubtful or ambiguous provisions of a statute, but they a provision inoperative should be avoided, which means that
cannot be used to control the substantive provisions of a inconsistent provisions should be reconciled whenever possible.
statute. Jurisprudence ruled that when the text itself of a
5. Headnotes and Epigraphs
statute is clear and unambiguous it is no longer necessary or
proper to resort to the preamble or headings or epigraphs of a It is the short statements that generally describe the
provision to interpret the text, especially where such epigraphs body of the provision to which they are attached to. They are
or headings of sections are mere catchwords or reference aids usually nothing more than convenient index to the contents of
indicating the general nature of the text that follows. the body of the provision.

Note: Court emphasized that secondary aids of construction

may be consulted to remove, but not to create, doubt.
 6. Repealing clause warrant a belief that the legislature intended them as a
whole, the nullity of one part will vitiate the rest.”
It is the part of the statute which identifies the prior
statutes or parts thereof which are deemed repealed or Note: The presence of a separability provision in a statute
abrogated by reason of the enactment of the new statute.
creates the presumption that the legislature intended
Repeals may be express or implied. Express repealing clause
separability, rather than complete nullity of the statute.
specifically identifies the prior statute or the provision of a prior
statute which the new statute repeals. On the other hand, even Jurisprudence provides a separability clause does
if a statute does not express repeal a prior statute, the former
not clothe the valid parts with immunity from the
could impliedly repeal the latter if their provisions are
invalidating effect the law gives to the inseparable
inconsistent.
blending of the bad with the good. The separability clause
Two kinds of implied repeal cannot also be applied if it will produce an absurd result.
In sum, if the separation of the statute will defeat the
1. Where the provisions of the 2 acts on the same subject
intent of the legislature, separation will not take place
matter are irreconcilably contradictory, the latter act,
despite the inclusion of a separability clause in the law.
to the extent of the conflict, constitutes an implied
repeal of the earlier statute. This can be referred to as
8. Effectivity Clause
implied repeal by irreconcilable contradiction.
2. If the latter statute covers the whole subject matter of It is the part of a statute which announces the
the earlier on and is clearly intended to be a substitute date of its effectivity. As Art. 2 of the Civil Code provides
and this can be referred to as implied repeal by
laws shall take effect after 15 days following the
substitution.
completion of their publication either in the Official
Note: In the situation, the failure to add a specific repealing Gazette, or in a newspaper of general circulation in the
clause indicates that the intent was not to repeal any existing Philippines, unless it is otherwise provided. The clear
law, unless an irreconcilable inconsistency and repugnancy exist object of the above-quoted provision to give the general
in the terms of the new and old laws.” A general repealing public adequate notice of the various laws which are to
clause is basically an expression of an intention to repeal by regulate their actions and conduct as citizens. Without
implication prior statutes which are irreconcilably inconsistent
such notice and publication, there would be no basis for
with the new statue, even if not identified specifically in the new
the application of the maxim ‘ignorantia legis non
act. The current rule is that implied repeals are not favoured and
a statute will not be considered as repealing a previous statute exucasat.’
by implication unless the legislative intent is manifest.” If the
Publication is indispensable in every case, but the
intent to repeal is not clear, the late act should be construed as
legislature may in its discretion provide that the usual 15-
a continuation of, and not a substitute for, the earlier act.
Saving clause is a clause in a statute exempting something from day period shall be shortened or extended. It is not correct
the statute’s coverage or operation. to say that under the disputed clause publication may be
dispenses with altogether. The reason is that such
7. Separability Clause omission would due process insofar, as it would deny the
It is the part of a statute which makes the statute’s public knowledge of the laws that are supposed to govern
parts or provisions severable so that one part can be invalidiatd the legislature could validly provide that a law effective
without invalidating the whole. immediately upon its approval notwithstanding the lack of
publication (or after an unreasonably short period after
General Rule: If a part of a statue is invalidated, the other publication), it is not unlikely that persons not aware of it
portions, if separable from the invalid portion, may stand would be prejudiced as a result and they would be so not
and be enforced. because of failure to comply with but simple because they
did not know of its existence.
Exception: If the part of the statute are so mutually
dependent and connected, as conditions, considerations,
inducements, or compensations for each other, as to
 CHAPTER III: VERBA LEGIS AND RATIO LEGIS; MEANING recognized that the long-term effect of R.A. No. 9227 will
AND INTENT defeat its purpose to entice lawyers to join the judiciary.
However, it held: While continued, long-term
A. INTRODUCTION implementation of Sec. 6, R.A. 9227 would, indeed, defeat
In Caltex (Philippines), Inc. vs Palomar, the Supreme Court the very purpose for which said law was passed, there is
defined construction. Based on the foregoing definition, no escaping the express provisions of the law. Well
the objective of construction is to find both meaning and established is the rule that ‘from the words of the statute
intent. In fact, Philippine jurisprudence used legislative there would be no departure.’ The law may be harsh but it
intent and meaning interchangeably. is the law. Harsh results from the literal interpretation of
the law alone does not justify a departure from its
Two Conceptual references in determining the meaning of language.
the law and legislative intent:
Note: A distinction must be made between the absurdity
B. Verba Legis of the interpretation of the law and the absurdity of the
law. The former is the proper subject matter of statutory
If the statute is clear and free from ambiguity, it
construction, while the latter is not. The former is the
must be given its literal meaning and applied without
proper subject of construction since the literal application
interpretation (Plain meaning rule). This rule is based on
of the law will lead to absurd results, which is presumed
the legal maxim index animi sermo est recedendum, or
not to be the intention of the legislature. The latter cannot
from the words of a statute there should be no departure.
be the subject matter of statutory construction since it
Under this rule, the intent of the authors of legislation is
delves into the wisdom of the law, which is the province of
gleaned from what is said, not from what they may have
the legislature.
intended to say.
C. Ratio Legis; Spirit of the Law
Jurisprudence provides that legislative intent is
determined principally from the language of a statute and The reason of the law is the soul of the law. This
that where the language of a statute is clear and principle of construction is very helpful when legislative
unambiguous, the law is applied according to its express intent cannot be ascertained purely from the better of the
terms, and interpretation would be resorted to only where law.
a literal interpretation would either impossible, absurd or
would lead to an injustice. Salvacion vs Central Bank, et. al., this case involves
minor who was detained and raped by an American
In Appari vs Court of Appeals, et. al., held that the tourist. A criminal case was filed against the perpetrator,
courts cannot speculate as to the probable intention of who escaped from jail and fled the country, which resulted
the legislature apart from the words and that the in the criminal case not prospering. The family of the
legislature must be presumed to know the meaning of the victim instituted a civil action for damages against the
words and to have expressed its intent by the use of such perpetrator. It is worth mentioning that R.A. No. 6426 was
words as are found in the statute. enacted in 1983 or at a time when the country’s economy
was in a shambles; when foreign investments were
Note: This plain-meaning rule or verbal egis derived from
minimal and presumably, this was the reason why said
the maxim index animi sermo est (speech is the index of
statute was enacted. But the realities of the present times
intention) rests on the valid presumption that the words
show that the country has recovered economically; and
employed by, the legislature in a statute correctly express
even if not, the questioned law still denies those entitled
its intent or will and preclude the court from construing it
to due process of law for being unreasonable and
differently.
oppressive. The Court justified its departure from the
In Re: Query on the Effect of the 10% Salary literal application of Sec. 8 of R.A. No. 6426 and Sec. 113
Increase under Executive Order No. 611, where the court of Central Bank Circular No. 960 by invoking Art. 10 of the
Civil Code.
 In People vs Purisima held that a simple act of a legal provision, verba legis should be the starting point.
carrying any of the weapons described in the presidential It is only after it is shown and established that the statute
decree is not a criminal offense in itself. What makes the is ambiguous, by applying the tests of ambiguity discussed
act criminal or punishable under the decree is the in Chapter 1, that the Courts should abandon verbal egis
motivation behind it. Basic principle that penal statutes and apply ration legis in order to determine the true intent
are to be construed and applied liberally in favor of the of the legislature.
accused and strictly against the state.
E. Legislative Error; Enrolled Bill
In the construction or interpretation of a
legislative measure the primary rule is to search for and Clerical errors committed by the legislature may
also the subject matter of statutory construction. In this
determine the intent and spirit of the law. Legislative
intent is the controlling factor, for in the words of this case however, the analysis does not start with
determining the true intention of the legislature, but
Court in Hidalgo vs Hidalgo, whatever is within the spirit
of a statute is within the statute, and this has to be so if rather, if a clerical error has indeed been committed by
the legislature, and if so, if the real intention of the
strict adherence to the letter would result in absurdity,
injustice and contradictions. legislature can be determined using the principles of
construction.
Jurisprudence ruled that legislative intent must be
ascertained from a consideration of the statute as a Jurisprudence ruled that when the error (clerical
and misprint) is plain and obvious. It is within the province
whole, and not of an isolated part or a particular provision
alone. of the courts to correct said error. This is not to correct
the act of the Legislature, but rather to carry out and give
Note: It is a salutary principle in statutory construction due course to the true intention of said Legislature.
that there exists a valid presumption that undesirable
Enrolled bill doctrine is a principle of
consequences were never intended by a legislative
measure, and that a construction of which the statute is interpretation which provides that the bill duly signed by
the Senate President and Speaker of the House and the
fairly susceptible is favoured, which will avoid all
objectionable, mischievous, indefensible, wrongful, evil, secretaries of said bodies, it shall be conclusive proof of
the provisions of such act and of the due enactment
and injurious consequences.
thereof.
Penal statutes are to be construed strictly against
Note: A bill is enrolled when printed and finally approved
the state and liberally in favour of an accused. The
purpose is not to enable a guilty person to escape by Congress, and thereafter authenticated with the
signature of the Senate President, Speaker of the House
punishment through a technicality but to provide precise
definition of forbidden acts. The Court has also used ratio and secretaries of their respective chambers.
Jurisprudence sets high threshold to defeat the enrolled
legis extend the application of a law to a situation that is
not expressly covered by it. bill doctrine. Thus, in order to meet the threshold of Lopez
& Sons case in establishing the presence of a clerical error,
D. Framework it should, at least, be manifestly obvious in the law.

A common misconception in the subject of

construction is to view verbal egis and ratio legis as
opposing concepts, where one has to give way to the
other. Rather, they should be viewed as complementary
principles of construction that should be utilized in order
to determine the meaning and intent of a statutory
provision. What is clear from the rulings of the Court,
however, is that in any case requiring the interpretation of
 CHAPTER IV: PRINCIPLES OF CONSTRUCTION law as unconstitutional except in a clear case.
Furthermore, until there is an actual controversy brought
A. GENERAL PRINCIPLES OF CONSTRUCTION to test the constitutionality of a law, the presumption of
Note: These principles should be taken into consideration validity, which is inherent in every statute, must be
regardless of whether intrinsic or extrinsic aids of accorded it.
construction are found to be applicable. 4. Construction to render provision effective
1. Law Construed as a Whole A statute must be construed in such a way so as to
This principle is significant because statutes are render it effective. Under this principle, care should be
passed as a whole and not as disjointed parts or sections taken that every part thereof is given effect, based on the
and “is animated by one general purpose and intent. theory that the statute was enacted as an integrated
measure and not as a hodge-podge of conflicting
Jurisprudence provides that in the interpretation provisions.
of statutes, one must first and foremost; look at how a
term is used in the statute as a whole. Jurisprudence ruled that a construction that would
render a provision inoperative should be avoided. In
The Court also held that when the definition of a addition, a statute imposing criminal liability should be
term in a statute is in question, one must first look into construed narrowly in its coverage such that only those
the same statute, by looking how such term is expressly offenses clearly included, beyond reasonable doubt, will
defined therein, or the manner by which the term is used be considered within the operation of the statute.
in other provisions of the same statute. Furthermore, a
statute should also be construed not only to be consistent Note: In statutory analysis, one must assume that each
with itself but also to harmonize it with other laws on the and every word used in the statute is intended to express
same subject matter, as to form a complete, coherent and legislative intention. Hence, it is unwise to gloss over or
intelligible system.” Every statute must be construed and ignore legal text in arriving at a legal conclusion.
harmonized with other status as to form a uniform set of B. LEGISLATIVE POLICIES AND PRESUMPTIONS
jurisprudence.
The interpretation of statutory provisions can also
Note: This principle is also relevant in the interpretation of be affected by the type of statute involved, as the Court
statues in the light of its legislative history. construes certain types of statues based on certain
2. Presumption of Justice (Art. 10 of the CC) legislative policies, which may be based on the
Constitution, the statement of policy behind statutory
Which provides that in case of doubt in the enactments or even public policy considerations that the
interpretation of laws, it is presumed that the lawmaking Court considers in the passage of certain laws.
body intended right and justice to prevail.
1. Penal Laws
3. Construction consistent with the Constitution
Nullum crimen nulla poena sine lege, which means
This principle is based on the fundamental that there is no crime where there is no law punishing it, is
criterion that all reasonable doubts should be resolved in a key principle under criminal law. This maxim is rooted in
favour of the constitutionality of a statute, considering both civil law and common law tradition. Under this
that all laws have in their favour the presumption of principle, while anti-social acts must be penalized, there
constitutionality. must be a clear definition of the acts constituting the
punishable offense as well as the penalty that may be
Note: A Statute has in its favour the presumption of
imposed.
validity, all reasonable doubts should be resolved in favor
of its constitutionality. As such, courts will not set aside a
 It is a well-entrenched rule that penal laws are to laws must be construed strictly against the government
be construed strictly against the State and liberally in favor and in favor of the taxpayer.
of the accused. In the interpretation of a penal statute,
However, once it is established clearly, expressly
the tendency is to subject it to careful scrutiny and to
construe it such strictness as to safeguard the rights of the and unambiguously that a person, thing or activity is
covered by a tax statute, and the taxpayer is claiming
accused. If the statute is ambiguous and admits of 2
reasonable but contradictory constructions, that which exemption therefrom, the burden shifts to the taxpayer to
establish the basis of exemption. As a rule, tax exemptions
operates in favor of a party accused under its provisions is
to be preferred. The principle is that acts in and of are construed strongly against the claimant. Exemptions
must be shown to exist clearly and categorically, and
themselves innocent and lawful cannot be held to be
criminal unless there is a clear and unequivocal expression supported by clear legal provisions. The rule that tax
exemptions are to be construed strictly against the
of the legislative intent to make them such.
taxpayer is based on the life-blood theory of taxation,
Note: It is a basic rule of statutory construction that penal which provides that taxes constitute the life-blood of
statutes are to be liberally construed in favor of the government and their prompt and certain availability is an
accused. This means that every reasonable doubt must be imperative need. Governmental necessity is the theory
resolved in favor of the accused. The purpose of strict upon which the system of taxation is based. The Court said
construction is not to enable a guilty person to escape that taxes are what we pay for civilized society. Without
punishment through a technicality but to provide a precise taxes, the government would be paralyzed for lack of the
definition of forbidden acts. motive power to activate and operate it. Hence, despite
the natural reluctance to surrender part of one’s hard-
2. Tax laws earned income to the taxing authorities, every person who
The Court held a statute will not be construed as is able to must contribute his share in the running of the
imposing a tax unless it does so “clearly, expressly and government. The government for its part, is expected to
unambiguously.” A Tax cannot be imposed without clear respond in the form of tangible and intangible benefits
and express words for that purpose. Accordingly, the intended to improve the lives of the people and enhance
general rule of requiring adherence to the letter in their moral and material values.
construing statues applies with peculiar strictness to tax Note: It is a basic precept of statutory construction that
laws and the provisions of a taxing act are not to be the express mentions of one person, thing, act, or
extended by implication. Parenthetically, in answering the consequences excludes all others. The rule that tax
question of who is subject to tax statutes, it is basic that in exemptions is strictly construed against the taxpayer does
case of doubt, such statutes are to be construed most not apply when Congress grants a tax exemption in favor
strongly against the government and in favor of the of a national government instrumentality.
subjects or citizens because burdens are not to be
imposed nor presumed to be imposed beyond what When local local governments invoke the power
statutes expressly and clearly import. to tax on national government instrumentalities, such
power is construed strictly against local government. The
The rule that tax exemptions should be construed rule is that a tax is never presumed and there must be
strictly against the taxpayer presupposes that the tax clear language in the law imposing the tax. Any doubt
payer is clearly subject to the tax being levied against him. whether a person, article or activity is taxable is resolved
The reason is obvious: it is both illogical and impractical to against taxation. This rule applies with greater force when
determine who are exempt without first determining who local governments seek to tax national government
are covered by the provision. Thus, unless a statute instrumentalities.
imposes a tax clearly, expressly and unambiguously, what
applies is the equally well-settled rule that the imposition No point in national and local governments taxing
of a tax cannot be presumed. In fact, in case of doubt, tax each other, unless a sound and compelling policy requires
such transfer of public funds from one government
pocket. There is also no reason for local governments to hindrance and chief enemy, deserves scant consideration
tax national government instrumentalities for rendering from courts. Litigations must be diced on their merits and
essential public services to inhabitants of local not on technicality as rules of procedures are used only to
governments. The only exception is when the legislature help secure, not override substantial justice. It is a far
clearly intended to tax government instrumentalities for better and more prudent course of action for the court to
the delivery of essential public services for sound and excuse a technical lapse and afford the parties a review of
compelling policy considerations. There must be express the case on appeal to attain the ends of justice rather than
language in the law empowering local governments tax dispose of the case on technicality and cause a grave
national government instrumentalities. Any doubt injustice to the parties.
whether such power exists is resolved against local
governments. Note: Resort to the liberal application of procedural rules
remains the exception rather than the rule; it cannot be
3. Social Legislation made without any valid reasons underpinning the said
course of action. To merit liberality;
Labor Code of the Philippines provides that all
doubts in the implementation and interpretation of the (a) One seeking such treatment must show
provisions of the labor code including its implementing reasonable cause justifying its non-compliance
rules and regulations shall be resolved in favor of labor. with the Rules; and
(b) Must establish that the outright dismissal of the
Jurisprudence provides that administrative rules petition would defeat the administration of
of procedures should be construed liberally in order to substantial justice.
promote their object and assist the parties, especially the
workingman, in obtaining just, speedy, and inexpensive The limitation on the period of appeal must be strictly
determination of their respective claims and defenses. applied as “they are considered indispensable to forestall
or avoid unreasonable delays in the administration of
4. Rules of Court justice, to ensure an orderly discharge of judicial business,
Rules of court shall be liberally construed in order and to put an end to controversies” and the provisions
to promote their objective of securing a just, speedy, and thereof are only relaxed in “very exceptional
inexpensive disposition of every action and proceeding. circumstances and equitable considerations.”
The principle of liberality has been extended not only to
the construction of the Rules of Court but also its
application. 5. Adoption laws

Jurisprudence ruled that procedural rules were It is a settled rule that adoption statutes, being
conceived to aid the attainment of justice. If a stringent human and salutary in nature, are to be liberally
application of the rules would hinder rather than serve the construed on account of “the beneficent purposes of
demands of substantial justice, the former must yield to adoption.” The purpose of adoption is to establish a
the latter. In addition, where a rigid application of the rule relationship of paternity and filiation between the adopter
will result in a manifest failure or miscarriage of justice, and the adoptee where none existed.
then the rule may be relaxed especially if a party
The court held that adoption statues are designed
successfully shows that the alleged defect in the
questioned final and executor judgment is not apparent to provide homes, parental care and education for
unfortunate, needy or orphaned children and give them
on its face or from the recitals contained therein.
Technicalities may thus be disregarded in order to resolve the protection of society and family, as well as to allow
childless couples or persons to experience the joys of
the case.
parenthood and give them legally a child. Furthermore,
Furthermore, technicality, when it desserts its the law should be construed liberally, in a manner that will
proper office as an aid to justice and becomes its great sustain rather than defeat said purpose.
 6. Local Autonomy 9. Prescriptive periods

The 1987 Constitution provides that the territorial Jurisprudence ruled that there is a distinction
and political subdivisions of the Philippines shall enjoy between the principle of construction to be applied for
local autonomy. These territorial and political subdivisions prescriptive periods of civil cases and those for criminal
consists of provinces, cities, municipalities and barangays. cases. In the construction of the statute, therefore, there
The policy of local autonomy is emphasized in Art. 2, Sec. is no intendment to be made in favor of either party.
25 of the Constitution, which provides that the State shall Neither grants the right to the other; there is therefore no
ensure the autonomy of local government. Moreover, Sec. grantor against whom the ordinary presumptions of
5 of the Local Government Code provides for the following construction are to be made. But it is otherwise when
rules of interpretation: statute of limitation is granted by the State. Here, the
State is the grantor, surrendering by act of grace its rights
(a) Any provision on a power of local government unit to prosecute, and declaring the offense to be no longer
shall be liberally interpreted in its favor, and in the subject of prosecution. The statute is not a statute of
case of doubt, any question thereon shall be process, to be scantily and grudgingly applied, but an
resolved in favor of devolution of powers and of amnesty, declaring that after a certain time oblivion shall
the lower government unit. be cast over the offense; that the offender shall be at
(b) In case of doubt, any tax ordinance or revenue liberty to return to his country, and resume his immunities
measure shall be construed strictly against the as a citizen; and that from henceforth, he may cease to
local government unit enacting it, and liberally in preserve the proofs of his innocence, for the proofs of his
favor of the taxpayer. guilt are blotted out. Hence, it is that statutes of limitation
Note: In statutory construction, where a law is capable of are to be liberally construed in favor of the defendant, not
2 interpretations the scales must be weight in favor of only because such liberality of construction belongs to all
local autonomy. acts of amnesty and grace, but because the very existence
of the statute is a recognition and notification by the
7. Naturalization laws legislature of the fact that time, while it gradually wears
out proofs and innocence, has assigned to it fixed and
Naturalization laws are construed strictly and
positive periods in which it destroys proofs of guilt.
doubts thereof are resolved against the application. It
should be rigidly enforced and strictly construed in favor 10. Constitutional construction
of government. At the outset, it should be noted that a a. Framework
naturalization case is not an ordinary judicial contest, to
be decided in favor of the party whose claim is supported The Supreme Court adopted the basic principle of
by preponderance of the evidence. Indeed, naturalization statutory construction in the interpretation of the
is not a matter of right, but one of privilege of the most Constitution. First, verba egis, that is wherever possible,
discriminating, as well as delicate and exacting nature, the words used in the Constitution must be given their
affecting, as it does, public interest of the highest order, ordinary meaning except where technical terms are
and which may be enjoyed only under the precise employed. Second, where there is ambiguity, ratio legis es
conditions prescribed by law. anima. The words of the Constitution should be
interpreted on accordance with the intent of its framers.
8. Election laws The object is to ascertain the reason which induced the
framers of the Constitution to enact the particular
Election contests must be construed liberally to
provision and the purpose sought to be accomplished
the end that the will of the people in the choice of public
thereby, in order to construe the whole as to make the
officials may not be defeated by mere technicalities.
words consonant to that reason and calculated to effect
Following this principle, immaterial defects in pleadings in
that purpose.
election contests should be disregarded.]
 The ascertainment of that intent is but in keeping constitution itself, so that they can be determined by an
with the fundamental principle of constitutional examination and construction of its terms, and there is no
construction that the intent of the framers of the organic language indicating that the subject is referred to the
law and of the people adopting it should be given effect. legislation for action. Unless it is expressly provided that a
Finally, the Constitution is to be interpreted as a whole. legislative act is necessary to enforce a constitutional
mandate, the presumption now is that all provisions of the
It is well-established rule in constitutional constitution are self-executing.
construction that no one provision of the Constitution is to
be separated from all the others, to be consider alone, but C. ADMINISTRATIVE CONSTRUCTION
that all the provisions bearings upon a particular subject
General rule is that the construction of ambiguous
are to be brought into view and to be so interpreted as to
effectuate the great purposes of the instrument. The court provisions of statutes by administrative agencies tasked
with implementing them are entitled to great weight and
must harmonize them, if practicable, and must lean in
favor of a construction which will render every word respect by the courts, unless it is contrary to law or
manifestly erroneous. This also known as the doctrine of
operative, rather than one which may make the words idel
and nugatory. judicial respect for administrative constructions.

Jurisprudence provides that the courts give much

Note: While it is permissible in this jurisdiction to consult
the debates and proceedings of the constitutional weight to contemporaneous construction because of the
respect due the government agency or officials charged
convention in order to arrive at the reason and purpose of
the resulting Constitution, resort thereto may be had only with the implementation of the law, their competence,
expertness, experience and informed judgment, and the
when other guides fail as said proceedings are powerless
to vary the terms of the Constitution when the meaning is fact that they frequently are the drafters of the law they
interpret.
clear. Thus, constitutional construction starts from a verba
legis reading of its provisions, the same starting point as in The Court enumerated the following instances
the interpretation of legislative enactments. when the courts may set aside the actions of
The primary task in constitutional construction is to administrative agencies:
ascertain and thereafter assure the realization of the (a) Error of law
purpose of the framers and of the people in the adoption (b) Abuse of power
of the Constitution. The entire exercise of interpreting a (c) Lack of jurisdiction
constitutional provision must necessarily begin with the (d) Grave abuse of discretion clearly conflicting with
text itself. The language of the provision being interpreted either the letter or the spirit of a legislative
is the principal source from which the Court determines enactment.
constitutional intent.
Note: Administrative construction is unwarranted if the
b. Self-executing vs Non self-executing provisions law is unambiguous, primarily because an administrative
agency is precluded from restricting or enlarging the
General rule is that the provisions of the
Constitution are intended to be self-executing. meaning of a legislative enactment. The interpretation of
an administrative government agency, which is tasked to
A provision which is complete in itself and implement the statute, is accorded great respect and
becomes operative without the aid of supplementary or ordinarily controls the construction of the courts. There is
enabling legislation, or that which supplies sufficient rule no need for interpretation when there is no ambiguity in
by means of which the right it grants may be enjoyed or the rule, or when the language or words used are clear
protected, is self-executing. Thus, a constitutional and plain readily understandable to an ordinary reader.
provision is self-executing if the nature and extent of the
right conferred and the liability imposed are fixed by the