STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More

Atty. Alberto Rafael Aportadera (2015-2016) Ateneo de Davao University College of Law

1ST EXAMINATION COVERAGE LESSON 2

CONSTRUCTION AND INTERPRETATION
LESSON 1
STATUTORY CONSTRUCTION IN GENERAL Article 10 of the Civil Code:
In case of doubt in the interpretation or application of
Definition of Terms laws, it is presumed that the lawmaking body intended
a) Statutory Construction – the art of seeking the right and justice to prevail.
intention of the legislature in enacting a statute
and of applying it to a given state of facts.
b) Legal Hermeneutics – branch of science which INTERPRETATION CONSTRUCTION
establishes the principles and rules of Limited to exploring the Goes beyond and may call
interpretation and construction of written laws. written text. in the aid of extrinsic
c) Exegesis – application of the principles and rules considerations.
of interpretation and construction of written The art of finding out the The drawing of
laws. true sense of any form of conclusions respecting
d) Interpretation of written law – art or process of words, that is the sense subjects that lie beyond
discovering and expounding the intended which the author intended the direct expressions of
signification of the language used in the law, to convey and of enabling the text, from elements
that is, the meaning which the authors designed others to derive from them known from and given in
it to convey to others. the same idea which the the text; conclusions
e) Construction of written law- art or process of author intended to convey. which are in the spirit,
discovering and expounding the meaning and though not within the
intention of the authors of the law with respect letter of the text.
to its application to a given case, where that Only takes place if the text Resorted to when, in
intention is rendered doubtful either by reason conveys some meaning or comparing two different
of apparently conflicting provisions or directions, other. enactments of the same
or by reason of the fact that the given case is not legislative body, there is
explicitly provided for in the law. found contradiction where
there was evidently no
Ubi lex non distinguit necnon distinguere debemus – intention of such
Where the law does not distinguish, the courts should contradiction one of
not distinguish. another,
or where it happens that
part of a writing or
declaration contradicts
the rest.

Purpose or Object of Construction

 To ascertain, and give effect to, the intent of the
law.

Legislative Intent
 the essence of the law
 the key to, and the controlling factor in, its
construction or interpretation
 the spirit which gives life to legislative
enactment

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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Legislative Purpose Rulings of Supreme Court part of Legal System

 laws have ends to be achieved and statutes Legis interpretatio legis vim obtinet
should be construed so as not to defeat but to  Judicial construction and interpretation of a
carry out such ends and purpose statute acquires the force of law
 Article 8 of the New Civil Code provides:
Legislative Meaning Judicial decisions applying or interpreting the
 what the law, by its language means laws or the Constitution shall form a part of
 what it comprehends, what it covers or the legal system of the Philippines.
embraces, what its limits or confines are  This principle assures certainty and stability in
the legal system.
GOVERNMENT
Judicial Rulings have No Retroactive Effect
Lex prospicit non respecit
LEGISLATIVE EXECUTIVE JUDICIAL
 The law looks forward, not backward.
(enacts) (implements) (interprets)
 Article 4 of the New Civil Code provides:
Construction is a Judicial Function Laws shall have no retroactive effect unless
 it is the province and duty of the judicial the contrary is provided.
department to say what the law is.  Retroactive application of a law usually divests
 it refrains from doing so where the case has rights that have already become vested or
become moot and academic and it will instead impairs the obligations of contract and hence,
dismiss the case unconstitutional.
 a case or question is “moot and academic” when
its purpose has become stale or where no
practical relief can be granted or which can have
no practical effect

When Court May Construe Statute

 if there is doubt or ambiguity in its language
 “ambiguity” means a condition of admitting two
or more meanings, of being understood in more
than one way, or of referring to two or more
things at the same time
 a statute is ambiguous if it is susceptible of more
than one interpretation.
 The court may not construe a statute that is
clear and free from doubt.

Construction of Statute where Part of it is Void

the valid portion, if separable from the invalid, may
stand and be enforced if not made, law is unenforceable.

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
Atty. Alberto Rafael Aportadera (2015-2016) Ateneo de Davao University College of Law

Lesson 3 Lesson 4
4 MAJOR SUBJECTS OF STATUTORY CONSTRUCTION CONSTITUTION

According to hierarchy: Constitution

1. CONSTITUTION – body of rules and maxims in  body of rules and maxims in accordance with
accordance with which the powers of which the powers of sovereignty are habitually
sovereignty are habitually exercised exercised
 the basic fundamental law of the land  the basic fundamental law of the land over
over which all laws must conform. which all laws must conform
 a written instrument by which the  a written instrument by which the fundamental
fundamental powers of the government powers of the government are established,
are established, limited and defined, and limited and defined, and by which those powers
by which those powers are distributed are distributed among the several departments
among the several departments for their for their safe and useful exercise for the benefit
safe and useful exercise for the benefit of of the body politic
the body politic.
2. STATUTE – written will of the legislature 3 Common Parts:
solemnly expressed according to the forms a) Constitution of liberty – series of proscriptions
necessary to constitute a lawful order setting forth the fundamental civil and political
3. RESOLUTION – enactments of the legislature rights of the citizens and imposing limitations on
either to express sentiments or opinions to carry the powers of government as a means of
out the internal affairs of the legislative body or securing the enjoyment of those rights. (Ex.
to make temporary laws or procedures or Article III)
constitutional amendments b) Constitution of the government – series of
4. ORDINANCE – an act passed by a municipal provisions outlining the organization of the
council in the exercise of its law-making government, enumerating its powers, laying
authority down certain rules relative to its administration
and defining the electorate. (ex. Art VI, VII, VIII
and IX)
c) Constitution of sovereignty – provisions pointing
out the mode or procedure in accordance with
which formal changes in the fundamental law
may be brought about.

Forms of Constitution:
1) According to form:
a) Written – one whose provisions are
embodied in one document or set of
documents
b) Unwritten – one whose provisions have not
been integrated into a single, concrete
form but are scattered in various sources
2) According to process of creation:
a) Cumulative or evolved – result of political
evolution, common laws, judicial decisions,
etc.
b) Conventional or enacted – incorporated
either by constitutional convention or by
act of a ruler

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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3) According to manner of amending: 8. Constitution to be construed as a whole – no one

a) Rigid – one which is over and above ordinary provision of the Constitution is to be separated
laws and may be amended only by a formal from all the others, to be considered alone, but
and usually difficult process that all the provisions bearing upon a particular
b) Flexible – one that can be changed by subject are to be brought into view and to be so
ordinary legislation interpreted as to effectuate the great purposes
of the instrument.
*The Philippine Constitution is a written, conventional 9. Every part of the Constitution should be given
and rigid constitution. effect – to harmonize the alleged conflicting
provisions
Rules of Constitutional Construction 10. The ordinary meaning of the words used in the
1. Effectuation of the intent of the framers – effect Constitution should be given their ordinary
must be given to the intent of the framers of the meaning
organic law and of the people adopting it. 11. Implications whatever is necessary.
2. Uniformity and stability of construction –
constitutions should receive consistent and CONSTITUTION STATUTE
uniform interpretation, so that they shall not be Primary Law Secondary Law
taken to mean one thing at one time and Expression of sovereignty Enactments of rules for
another at a different time. in relation to the the government of civil
3. Rule on Flexibility – a constitution usually structure of government, conduct promulgated
announces certain basic principles to serve as extent and distribution of by the legislative
the perpetual foundation of the state; it should powers, the modes and authority of the state
be interpreted by the spirit which vivifies and principles of its operation
not by the letter which killeth; the courts are not and the apparatus of
inclined to adopt such technical end in checks and balances
construction as will unduly impair the efficiency proper to ensure the
of the legislature to make responsibilities. integrity and continued
4. Rule on Liberality – constitution is not to be existence
interpreted on narrow or technical principles, Permanent in Character; Tentative; can be
but liberally and on broad general line, or in people ratify or adopt therevoked, amended,
order that it may accomplish the objects of its Constitution enacted because of
establishment and carry out the great principles changing situations
of government; constitution is intended to be Lays down the general Sets in details its
effective over a longer period of time and its principles and foundation purpose or subject
method of revision or amendment is more of the government matter.
difficult than a legislative process.
5. Rule on Practicability – established practical
construction or a constitutional provision should
not
be disregarded unless such gives clear and
definite support.
6. Mandatory Nature of Provisions – use of “shall”
or “must” like in the Bill of Rights of the 1987
Constitution.
7. The purpose to be given effect – a constitutional
provision should be construed as to give it an
effective operation and suppress the mischief
which it is aimed and the spirit of the provision
shall prevail.

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
Atty. Alberto Rafael Aportadera (2015-2016) Ateneo de Davao University College of Law

Lesson 5 e) Body of the Statute

STATUTE  principal part of the bill embodying that
substance of the right or remedy provided
Statute – written will of the legislature solemnly for
expressed according to the forms necessary to  divided into sections, articles, chapters
constitute a lawful order
f) Date of Enactment
Parts of a Statute  portion which provides when the legislature
a) Number of the Act enacted or approved the bill
 the lower the number, the older the law is
 ex. RA 386 (New Civil Code), Act No. 3815 g) Date of Effectivity
(RPC)  when the law takes effects
 Article 2 of the Civil Code provides:
b) Subject and Title Laws shall take effect after fifteen days
Article VI Sec. 26 (1) of the 1987 Constitution following the completion of publication
provides: either in the Official Gazette, or in a
Every bill passed by Congress shall embrace newspaper of general circulation in the
only one subject which shall be expressed in Philippines, unless it is otherwise provided.
the title thereof.
Process in the Enactment of the Law
Purposes of Requirement:
(1) to prevent hodge-podge or log-rolling Article VI, Sec. 26 (2) of the 1987 Constitution:
legislation “No bill paased by either House shall become a law
(2) to prevent surprise or fraud upon the unless it has passed three readings on separate
legislature by means of provisions in bills of days, and printed copies thereof in its final form
which the titles gave no intimation, and have been distributed to its Members three days
which might therefore be overlooked and before its passage, except when the President
carelessly and unintentionally adopted certifies to the necessity of its immediate
(3) to fairly apprise the people, through such enactment to meet a public calamity or emergency.
publication of legislative proceedings as is Upon the last reading of a bill, no amendment
usually made, of the subjects of legislation thereto shall be allowed, and the vote thereon shall
that are being considered in order that they be taken immediately thereafter, and the yeas and
may have opportunity of being heard nays entered in the Journal.”
thereon, by petition or otherwise, if they
shall desire. Article VI, Sec. 27 (1) of the 1987 Constitution:
(4) to guide in ascertaining the legislative intent “Every bill passed by the Congress shall, before it
when the language of the act does not becomes a law, be presented to the President. If he
clearly express its purpose. approves the same he shall sign it; otherwise, he
shall veto it and return the same with his objections
c) Preamble to the House where it originated, which shall enter
 an introductory clause at the beginning of a the objections at large in its Journal and proceed to
statute reconsider it. If, after such reconsideration, two-
 sets forth the reasons for its enactment and thirds of all the Members of such House shall agree
the object sought to be accomplished to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall
d) Enacting Clause likewise be reconsidered, and if approved by two-
 identifies the bill as an act of legislation thirds of all the Members of that House, it shall
become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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names of the Members voting for or against shall be Divisions and Kinds of General Law/Statutes
entered in its Journal. The President shall a) Duration
communicate his veto of any bill to the House 1.) Permanent (continues in force until duly
where it originated within thirty days after the date altered or changed or repealed by competent
of receipt thereof, otherwise, it shall become a law authority)
as if he had signed it.” 2.) Temporary (continues in force until the time
of its limitation has expired unless sooner
Reasons for 3 Readings before Passage of the Bill into Law repealed)
a) to prevent tasting and improvident legislation
b) to compel the careful examination of proposed b) Date of Taking Effect
laws or at least the affording of opportunity for 1.) Prospective (looks forward)
that purpose 2.) Retroactive (looks backward)

Kinds of Statutes c) Nature of Operation

a) Public Act/Statute 1.) Declaratory/Expository - passed for the
 universal rule that regards the whole purpose of removing doubt or ambiguity as
community to the state of the law, or to correct a
 usually general in its character and construction deemed by the legislature to
operation, and equally applicable in all parts be erroneous
of a statute 2.) Curative - cures errors and irregularities in
b) Private Act/Statute judicial or administrative procceedings
 relates to, concerns, and affects a particular 3.) Mandatory - commands and requires that
individual certain action shall be taken by those to
whom the statute is addressed
3 Kinds of Public Act 4.) Directory - directs the manner in which
a) General Law/Statute certain action shall be taken or certain
 one which applies to the whole state and official duties performed
operates throughout the state, alike upon all the 5.) Permissive - authorizes or permits certain
people or all of a class action to be taken by those to whom it is
addressed and whom it concerns
b) Special Law/Statute 6.) Perceptive - commands certain actions, and
 one which applies to an individual, regulates the forms and acts which ought to
association or corporation accompany them
 relates to a particular person or things of a 7.) Prohibitive - forbids all actions
class 8.) Remedial - supplies defects and abridges
superfluities in the former law either by
c) Local Law/Statute enlarging or restraining such former law
 one which is primarily directed only to a 9.) Penal - imposes penalty for transgressing
specific spot provisions
 confined in its operation to the property 10.) Repealing - abrogates an existing statute
and persons of a limited portion of the 11.) Amendatory - changes or modifies a statute
territory of the state, a part of its people, or originally enacted
a portion of the property of its citizens
d) Form
1) Affirmative - enacted in affirmative terms
2) Negative (expressed in negative terms)
3) Compiled/Revised - collection of the
statutes existing and in force in a given
state

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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4) Code/Codified - reenactment of the whole Effects of Repeal

body of the positive law a) If repeal is express, repealed law is not revived
unless expressly so provided.
e) Origin or Source b) If repeal is implied, repealed law is revived.
1) Adopted - taken wholly or in part, from
another state, and enacted as a law of the
state adopting it.
2) Reenacted - passed by the same legislative
body, in the same terms, or in substantially
the same language, and for the same
purpose and object, as the former statute.

Amendment of Statutes
 addition or change within the lines of the original
instrument as will effect an improvement, or better
carry out the purpose for while it was framed

Effects of Amendment
a) Amendment produces one law, namely the
statute as it existed before the amendment
remains in force.
b) If amendment is invalid, the original statute as
it existed before the amendment remains in
force.
c) If the amendment statute is invalid, it is not
validated by amendment unless obnoxious
feature removable by amendment.

Repeal of Statutes
a) Unless prevented by a superior authority, the
law-making power of any government has
plenary power to enact or repeal laws.
b) A law which partakes of the nature of contract
is irrepealable.
c) Laws are repealed only by other subsequent
laws.

Kinds of Repeal
a) Express Repeal - literally declared by a new law
b) Implied Repeal  takes place when a new law
contains provisions contrary to those of a former
law, without expressly repealing them

Leges posteriores priores contrarias agrobant (Later

enactments repeal prior ones which are repugnant
thereto.)

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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Lesson 6 Lesson 7
RESOLUTION ORDINANCE

Resolution – enactments of the legislature either to Ordinance – an act passed by a municipal council in the
express sentiments or opinions to carry out the internal exercise of its law-making authority
affairs of the legislative body or to make temporary laws - ex. Smoking ban, Liquor ban
or procedures or constitutional amendments
Tests of a Valid Ordinance
Kinds of Resolution a) It must not contravene the Constitution or any
a) Simple Resolution statute.
 formalized motion passed by a majority of a b) It must not be unfair or oppressive.
single c) It must not be partial or discriminatory
legislative chamber d) It must not prohibit but may regulate trade
 uses of simple resolution: e) It must be general and consistent with public
1. create special committees policy
2. express recognition for meritorious services f) It must not be unreasonable
3. extend sympathy on the death of a member
4. express opinions to another government
body
5. establish rules governing internal affairs
b) Concurrent Resolution
 refers to a simple resolution passed by both
chambers of the legislature
 reflects the opinion of the entire legislative body
c) Joint Resolution
 similar to a statute
 has to undergo the same process as a bill
towards its enactment to both chambers

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
Atty. Alberto Rafael Aportadera (2015-2016) Ateneo de Davao University College of Law

Lesson 8
PRESIDENTIAL ISSUANCES

Presidential Issuances
 what the president issues in the exercise of his
ordinary power
 include executive orders, administrative orders,
proclamations, memorative orders, memorative
circulars, general or specific orders

Definition:
a) Executive Orders
 acts of the president providing for rules of general
or permanent character in the implementation or
execution of constitutional or statutory powers
b) Administrative Orders
 acts of the president which relate to a particular
aspect of governmental operations in pursuance
of his duties as administrative head in the
executive department when he issues orders to
some administrative agencies
c) Proclamations
 acts of the president fixing a date or declaring a
statute or condition of public moment or
interest upon the existence of which the
operation of a distinct law or regulation
d) Memorandum Orders
 acts of the president on matters of
administrative detail for subordinate or
temporary interest which only concern a
particular officer or office of the government
e) Memorandum Circulars
 acts of the president on matters relating to
internal administration which the president
desires to bring to the attention of all the
government for information and compliance
f) General or Specific Orders
 acts and commands of the president in his
capacity as commander-in-chief of the Armed
Forces of the Philippines

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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2ND EXAMINATION COVERAGE other learned men who expressed their

Rules of Construction opinions in that regard publicly, though not
judicially.
1. Cardinal Rules
2. Particular Rules Fundamental Principle: If universally
3. Construction of words and phrases adopted and acquiesced in for a long period
of time, is valuable aid in determining
LESSON 1 meaning and intention in cases of doubt.
CARDINAL RULES OF CONSTRUCTION
c) Practical Construction
*No Facts, No interpretation The construction put upon it by the
*To give effect to the intention of the people who legislative body which is charged with the
adopted it. making of the laws in accordance to the
constitution, or by the officers of the
HOW IS INTENTION SOUGHT? executive department whose function is to
1. By natural signification of the words employed. put into execution the constitution and the
 Words must be understood in the sense most laws.
obvious to the common understanding at the
time of the adoption of the constitution. ABOITIZ SHIPPING CORPORATION VS. THE CITY OF CEBU
 Technical & legal terms must be given their (1965 )
technical & legal meaning. e.g. Medical Law
= medical meaning. FACTS: The City of Cebu passed an ordinance, ordinance
 Resort to the natural signification of the no. 207. It provided the collection of fees from shipping
words employed. concerns whose vessel docked at the public wharfs or
2. By Considering old law, mischief & remedy piers located in Cebu City but owned by the national
3. By looking to the existing condition and history. government. The Charter of Cebu City sec. 17 provides
 visualize the condition at the time why was the fixed charges to be paid by all watercrafts in using public
law enacted wharfs, the City imposes that they should pay. Shipping
4. By referring to debates or proceedings of the company refuses to pay because they already paid in the
legislature national government. Double taxation will result.
 they are normally transcribed
5. By resorting to doctrine of implication RULING: SC ruled that sec. 17 of the City’s charter that
- whatever is necessary to render effective any the city can build their own wharf. Naturally they can
provision of a constitution, whether the same is collect their own fees.
a prohibition, or a restriction, or the grant of a
power, must be deemed implied and intended in Legislative intent must be ascertained from a
the provision itself. consideration of the statute as a whole and not of an
6) By the resort to other considerations isolated part or a particular provision alone. This is a
Ex. Civil Code borrowed from the Spanish Code cardinal rule of statutory construction. For taken in the
abstract, a word or phrase might easily convey a
a) Borrowed provisions meaning quite different from the one actually intended
Presumed to have the same meaning and and evident when the word or phrase is considered with
construction given to them those with which it is associated. Thus an apparently
b) Contemporaneous Construction general provision may have a limited application if
The construction put upon the language or viewed together with other provisions.
meaning of constitution, at the time of its
adoption, or shortly thereafter, by members
of the convention which framed it or by

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STATUTORY CONSTRUCTION The Fraternal Order of Saint Thomas More
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REGALADO VS. YULO STRICT CONSTRUCTION vs. LIBERAL CONSTRUCTION

(61 PHIL. 170) STRICT CONSTRUCTION LIBERAL CONSTRUCTION
An interpretation which Such equitable
FACTS: Regalado was the Justice of Peace at the Malinao, refuses to expand the law construction as will enlarge
Albay appointed on April 12, 1906. On November 16, by implication & equitable the letter of a
1931, Act no. 389 was enacted. It provides that the consideration but confines statute to (1) accomplish
present Justices & auxiliary justices of Peace who shall at to cases which are within its intended purpose, (2)
the time of this act takes effect have completed 66 years the statute as within its carry out its intent or (3)
of age, shall seize to hold office on January 1, 1933. spirit or reason to resolve promote justice
September 13, 1934 Regalado celebrated his 65th all reasonable doubts
birthday. December 17, 1934 Secretary Justice Yulo against the applicability of The words “may”, “or” are
appointed Villar as the Justice of Peace in Malinao, all statutes to the commonly found
Albay. Regalado questioned. particular case.
beyond the literal meaning
RULING: SC ruled that the reckoning point is January 1, The word “shall” is of the statute
1933 not September 13, 1934. Beyond January 1, 1933 commonly found.
you are not covered. Regalado will still continue to hold
office.
FACTORS FOR A STATUTE TO BE LIBERALLY OR STRICTLY
The intent of the Legislature to be ascertained and CONSTRUED
enforced is the intent expressed in the words of the 1. Former law of the matter
statute. If legislative intent is not expressed in some 2. The persons or rights with which it deals
appropriate manner, the courts cannot by interpretation 3. The letter or language of the law
speculate as to an intent and supply a meaning not 4. The purposes and objects of the statute
found in the phraseology of the law. In other words, the
courts cannot assume some purpose in no way
expressed and then construe the statute to accomplish PEOPLE VS. PURISIMA
this supposed intention. (86 SCRA 542)

FACTS: Purisima’s work is extracting juice from the

BORROMEO VS. MARIANO coconut tree (tuba). PD 9 which mandates the illegal
41 PHIL. 322 possession of deadly weapons. Upon going to the
coconut field, peace officers arrested him in pursuant to
FACTS: Borromeo on July 1, 1940 was appointed as PD 9.
Judge of the 24th district. He was again appointed on
February 25, 1920 as a judge on the 21st judicial district. RULING: SC ruled in order for a person to be convicted
Mariano was appointed as the Judge of the 24th judicial must be related to subversion, insurrection, rebellion,
district. organized lawlessness. Therefore Purisima cannot be
convicted.
RULING: SC said when a person is appointed as a judge,
you are appointed to a particular judicial district. You are
not appointed as judge of the Republic of the Philippines
where any can be place from one district to another.

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LAWS THAT CAN BE STRICTLY CONSTRUED by his mother. This can lead one to believe that he
1) Naturalization Laws planned this out only as a token compliance of the law.
 strictly construed against the applicant and Considering that “naturalization laws should be rigidly
rigidly followed and enforced enforced strictly construed in favor of the government
 statutory than a natural right and against the applicant,” the trial court did not err in
denying the petition.
CO VS. REPUBLIC
(108 PHIL. 265) LEE CHO VS. REPUBLIC
(L-12048 December 1959)
FACTS: This is an appeal from the decision of the CFI of
Abra. The government contends that the petitioner FACTS: This is an appeal from the decision of the CFI of
failed to comply with some requirements for Cebu granting appellee’s petition for naturalization. The
naturalization. The petitioner’s answer that he believes petitioner did not file any declaration of intention to
in the laws of the Philippines is not sufficient to meet the become a Filipino citizen, claiming that he has given
requirement that one must believe in the principles primary and secondary education to his children in a
underlying the Constitution. private school recognized by the government. It appears
however, that Angelita and Lourdes reached only 5th
RULING: The word “law” ordinarily does not include the grade and 3rd year high school, respectively.
Constitution, nor does it embrace the principles
underlying the same. When the petitioner stated that he RULING: SC denied the petition. Angelita reached only
believes in the Philippine laws, he did not necessarily grade 5 and no explanation was advanced why
refer to the principles embodied in the Constitution. It is secondary education was not afforded to her except
shown that the petitioner failed to register his wife and marriage. The petitioner alleged the poor health of
children in the Bureau of Immigration and also failed to Lourdes which caused her to stop. Evidence, however,
file his income tax return which indicates that he has not shows that she enrolled in a Chinese school where
conducted himself in proper an irreproachable manner Philippine civic, history and government are not taught.
in his relation with the government. The TC erred in These circumstances betray the sincerity of the
granting the petition considering the fact that petitioner to become a Filipino citizen. Considering the
“naturalization laws should rigidly be enforced and strict construction of the naturalization law, the
strictly construed in favor of the government and against petitioner failed to qualify to become a Filipino citizen.
the applicant.
2) Statutes Prescribing the Formalities of Will
VELASCO VS. REPUBLIC  Strictly construed, which means, wills must be
(108 PHIL 234) executed in accordance with the statutory
requirements, otherwise, it is entirely void
FACTS: The TC found that the character witness is the  The court is seeking to ascertain and apply the
prospective mother-in-law of the petitioner and as such intent of the legislators and not that of the
her testimony is biased. It also found that the same testator, and the latter’s intention is frequently
character witness and Mariano Santiago appeared in the defeated by the non-observance of what the
naturalization of the petitioner’s brother, which shows statute requires
that the petitioner has limited Filipino friends.
Considering the high cost of living, his salary of 3) Statutes conferring to the right of eminent domain
P150/month is not sufficient to meet the requirements  Power of eminent domain is essentially
of the law. Petition is denied. legislative in nature
 May be delegated to the President, LGUs, or
RULING: Evidence shows that the petitioner was public utility company
employed barely 1 month before he filed his petition  Expropriation plus just compensation
and 1/5 of the store where he was employed was owned

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 A derogation of private rights, thus strict o Fixing the ceiling of the price of
construction is applied commodities
 Statutes expropriating or authorizing the o Limiting the exercise of proprietary
expropriation of property are strictly construed rights by individual citizens
against the expropriating authority and liberally o Suspending the period of prescription of
in favor of property owners actions
 When 2 reasonably possible constructions, one
4) Legislative Grants which would diminish or restrict fundamental
 Statutes granting advantages to private persons right of the people and the other if which would
or entities have in many instances created not do so, the latter construction must be
special privileges or monopolies for the grantees adopted so as to allow full enjoyment of such
and have thus been viewed with suspicion and fundamental right
strictly construed
 Privilegia recipient largam interpretationem 7) Statutes of Sovereignty
voluntati consonam concedentis – privileges are  Restrictive statutes which impose burdens on
to be interpreted in accordance with the will of the public treasury or which diminish rights and
him who grants them interests are strictly construed.
 And he who fails to strictly comply with the will  Unless so specified, the government does not
of the grantor loses such privileges fall within the terms of any legislation

5) Tax Exemptions 8) Private Acts

 Law frowns against exemption from taxation  Strictly construed for corporations or particular
because taxes are the lifeblood of the nation persons
 Laws granting tax exemptions are thus  Example: granting of franchise
construed strictissimi juris against the taxpayer
and liberally in favor of the taxing authority 9) Penal Statutes
 Burden of proof – on the taxpayer claiming to be  Penal statutes are those that define crimes, treat
exempted of their nature and provide for their punishment
 Basis for strict construction – to minimize the  Acts of legislature which prohibit certain
different treatment and foster impartiality, acts and establish penalties for their
fairness, and equality of treatment among violation
taxpayers  Penal statutes are strictly construed against the
 Tax exemptions are not favored in law, nor are State and liberally construed in favor of the
they presumed. accused
 Penal statutes cannot be enlarged or
6) Statutes in Derogation of Common Rights extended by intendment, implication, or
 Rights are not absolute, and the state, in the any equitable consideration
exercise of police power, may enact legislations  No person should be brought within its
curtailing or restricting their enjoyment terms if he is not clearly made so by the
 As these statutes are in derogation of common statute
or general rights, they are generally strictly  No act should be pronounces criminal
construed and rigidly confined to cases clearly which is not clearly made so
within their scope and purpose  Strict construction but not as to nullify or
 Examples: destroy the obvious purpose of the legislature
o Statutes authorizing the expropriation of  If penal statute is vague, it must be
private land or property construed with such strictness as to
o Allowing the taking of deposition carefully SAFEGUARD the RIGHTS of the

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defendant and at the same time preserve 2) Social Security Laws

the obvious intention of the legislature 3) Tenancy Acts
4) Agrarian Reform Laws
Reason why penal statutes are strictly construed
 The law is tender in favor of the rights of the B.) Retirement Laws
individual;  The retirement law aims to assist the retiree in
 The object is to establish a certain rule by his old age, not to punish him for having
conformity to which mankind would be safe, and survived
the discretion of the court limited
 Purpose: NOT to enable a guilty person to SANTIAGO V. COA
escape punishment through technicality but to
provide a precise definition of forbidden acts The intention of liberal construction of retirement laws is
to provide for sustenance, and hopefully even comfort
Limitation of rule when he no longer has the stamina to continue earning
1. Where a penal statute is capable of 2 his livelihood
interpretations, one which will operate to
exempt an accused from liability for violation He deserves the appreciation of a grateful government
thereof and another which will give effect to the at best concretely expressed in a generous retirement
manifest intent of the statute and promote its gratuity commensurate with the value and length of his
object, the latter interpretation should be service
adopted
2. Strict construction of penal laws applies only C.) Corporation Laws
where the law is ambiguous and there is doubt D.) Redemption Laws
as to its meaning  remedial in nature – construed liberally to carry
out purpose, which is to enable the debtor to
LIBERAL CONSTRUCTION/ EXTENSIVE INTERPRETATION have his property applied to pay as many
The words shall receive Fair & reasonable interpretation debtor’s liability as possible
to attain the intent/ spirit & purpose of the law. E.) Revised Rules of Court (Sec 2 Rule1, ROC)
 RC are procedural – to be construed liberally
A.) General Welfare Legislation
 Purpose of RC – the proper and just
 To implement the social justice and protection-to- determination of a litigation
labor provisions of the Constitution
 Procedural laws are no other than technicalities,
 Construed liberally they are adopted not as ends in themselves but
 Resolve any doubt in favor of the persons whom as means conducive to the realization of the
the law intended to benefit administration of law and justice
 RC should not be interpreted to sacrifice
1) Labor Laws substantial rights at the expense of technicalities
 the workingman’s welfare should be the
primordial and paramount consideration KINDS OF STATUTE AS TO OPERATION
 Article 4 New Labor Code – “all doubts in 1) Prospective Interpretation
the implementation and interpretation of  interpretation which limits the operation of
the provisions of the Labor Code including a statute to such facts and causes arising
its implementing rules and regulations shall from its enactment or effectivity
be resolved in favor of labor”  one which holds the statute to its
 Liberal construction applies only if statute is applicability to such facts or transactions
vague, otherwise, apply the law as it is wholly completed before the date of its
stated enactment and restricts its operation to

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such facts and causes as shall arise after is Principal Objective of Judicial Interpretation
passage  The purpose is to ascertain and give effect to the
 “hereafter”, “thereafter” intent of the law.
 The object of all judicial interpretation of a
2) Retrospective Interpretation statute is to determine legislative intent, either
 interpretation which holds a statute to be expressly or impliedly, by the language used; to
applicable for governing construction or determine the meaning and will of the law
state of facts wholly completed prior to its making body and discover its true
enactment interpretations of law.
 holds the statute to be applicable to and
determinative of a transaction or a state of
facts wholly completed before its
enactment
 “heretofore”, “theretofore”

General Rule: The statute shall be construed

prospectively unless the legislative intent that it be given
a retrospective interpretation clearly appears by
necessary or unavoidable implication.

Similarly stated:
Statutes are to be construed as having only prospective
operation unless the purpose and intention of the
legislative to give retrospective effect is expressly
declared or is necessarily implied from the language
used. In every case of doubt, the doubt must be resolved
against the retrospective effect.

WHAT ARE LAWS THAT HAS RETROSPECTIVE IN

APPLICATION?
 PENAL LAWS Article 22
 CURATIVE STATUTES
 LEGAL PROVISIONS Persons and Family Relations

LITERAL CONSTRUCTION
vs.
ARTIFICIAL CONSTRUCTION

Literal Construction Artificial Construction

When the words of a The process whereby the
statute are clear and words of a statute are
unambiguous, they must arrested from their plain
be held to mean what they and obvious meaning and
literally or plainly express make to bear an entirely
different meaning for the
purpose of avoiding an
absurd and unjust result.

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LESSON 2: c) The term “other property” used after

PARTICULAR RULES OF CONSTRUCTION enumeration of personal property not
applicable to real property.
3 BASIC RULES/METHODS OF INTERPRETATION: Example: Personal properties
1) Verba Legis d) The rule has more stringent application to
2) Ratio Legis penal and criminal statutes
3) Mens Legislatoris e) The rule must give way if intent of law is
clear.
1.VERBA LEGIS
 considering the very words of the law itself c.) EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
 if the words are not ambiguous there is no room - The mention of one thing implies the
for construction exclusion of another
 not a rule of law but a rule of construction - When a statute enumerates the subjects or
things on which it is to operate, it is to be
Literal meaning or plain-meaning rule construed as excluding from its effect all
GR: if statute is clear, plain and free from ambiguity, it those not expressly mentioned.
must be given its literal meaning and applied without - The maxim is only auxiliary rule of statutory
attempted interpretation construction.
- It is not of universal application neither is it
a) DURA LEX, SED LEX conclusive.
the law is hard but it is the law - It should be applied only as a means of
discovering the legislative intent which is not
the legislature must be presumed to know the
otherwise manifest and should never be
meaning of the words to have used the words
permitted to defeat the plainly indicative
and to have expressed its intent by the use of
purpose of the legislature.
such words.
- The maxim does not apply when words are
mentioned by way of example, or to remove
b) EJUSDEM GENERIS
doubts.
General Terms following Specific Terms
Where general words follow in enumeration of
d.) REDDENDO SINGULA SINGULIS
persons or things, by words of a particular and
- Doctrine of Collocation (referring to each
special meaning, such general words are not to
other)
be construed in their widest sense, but are to be
- Words in their different parts of a statute
held as applying only to persons or things of the
must be referred to their appropriate
same kind of class as those specifically
connection
mentioned
- Under this principle, where a sentence has
Example: First year class of Ateneo Law School;
several antecedents and several
Viada, First year
consequents, they are to be read
distributively. The antecedents should be
Limitations on Rule of Ejusdem Generis:
referred to their appropriate consequents
a) Superior persons & things not embraced in
and vice versa.
the enumeration of inferior ones.
- Each word, phrase or clause must be given
Example: Enumeration of Dean’s list, does
its proper connection in order to give it
not include the others.
proper force and effect, rendering none of
b) The term “other persons” used after
them useless or superfluous. A
enumeration of certain class not applicable
transposition of words and clauses may be
to the whole world.
resorted to where the sentence or clause is
Example: Marisse, Nina from 1-Viada
without meaning as it stands.

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e.) NOSCITUR A SOCIIS

- Associated words explain and limit each When not permissible
other When statute makes specific provisions in regard to
- the meaning of particular terms in a statute several enumerated cases or objects but omits to make
may be ascertained by reference to words any provision for a case or object which is analogous to
associated with or related to them in a those enumerated or which stands upon the same
statute. reason and is therefore within the general scope of the
- Where particular word or phrase in a statute and it appears that such a case or object was
statute is ambiguous in itself, or is simply omitted by inadvertence or because it was overlooked or
susceptible of various meanings, its true unforeseen, it is casus omissus and the courts cannot
meaning may be made clear and specific by supply the omission.
considering the company of words in which
it is found or which it is associated.
- Where there are two or more words of CASES: DURA LEX SED LEX
ambiguous meaning together in a statute,
they are understood to be used in their THE PEOPLE OF THE PHILIPPINES vs. MARIO MAPA
cognate sense to express the same relations G.R. No. L-22301 August 30, 1967
and give color and expression to each word.
- Where a law does not define a word FACTS: MARIO MAPA is in violation of Section 878 in
therein, it will be construed as having a connection with Section 2692 of the Revised
meaning similar to that of words associated Administrative Code, as amended by Commonwealth Act
or accompanied by it. No. 56 and as further amended by Republic Act No. 4,
wilfully and unlawfully have in his possession and under
f.) CASUS OMISSUS (PRO OMISSO HABENDUS EST) his custody and control one home-made revolver
- A case omitted is to be held as intentionally (Paltik), Cal. 22, without serial number, with six (6)
omitted rounds of ammunition, without first having secured the
- the words or phrases may be supplied by necessary license or permit therefor from the
the courts and inserted in a statute where corresponding authorities. He was appointed "as secret
that is necessary to eliminate repugnancy agent of the Hon. Feliciano Leviste," then Governor of
and inconsistency in the statute and to Batangas.
complete the sense thereof, and to give
effect to the intention of the legislature ISSUE: WON a secret agent duly appointed and qualified
manifested therein. The rule is especially as such of the provincial governor is exempt from the
applicable where such application is requirement of having a license of firearm.
necessary to prevent the law from
becoming a nullity. This rule is also used to HELD: NO. The law is explicit that except as thereafter
supply omissions occasioned by clerical specifically allowed, "it shall be unlawful for any person
errors, by accident or inadvertence. to . . . possess any firearm, detached parts of firearms or
ammunition therefor, or any instrument or implement
used or intended to be used in the manufacture of
CORRECTION OF MISTAKES, ERRORS OR OMISSIONS firearms, parts of firearms, or ammunition."5 The next
section provides that "firearms and ammunition
When permissible regularly and lawfully issued to officers, soldiers, sailors,
Courts will correct errors or misprints and supply or marines [of the Armed Forces of the Philippines], the
omissions, which, if left uncorrected, will render statute Philippine Constabulary, guards in the employment of
meaningless or nonsensical or will defeat its intended the Bureau of Prisons, municipal police, provincial
operation provided the true reading is obvious and the governors, lieutenant governors, provincial treasurers,
real meaning apparent on the face of the whole municipal treasurers, municipal mayors, and guards of
enactment. provincial prisoners and jails," are not covered "when

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such firearms are in possession of such officials and amount of hair-splitting to exclude from its operation
public servants for use in the performance of their what petitioner calls "waste" resulting from the
official duties." production of flour processed from the wheat grain in
petitioner's flour mills in the Philippines. The law is clear;
The law cannot be any clearer. No provision is made for it must be obeyed. It is as simple, as that.
a secret agent. As such he is not exempt. Our task is
equally clear. The first and fundamental duty of courts is
to apply the law. "Construction and interpretation come CASES: EJUSDEM GENERIS
only after it has been demonstrated that application is
impossible or inadequate without them." The conviction AMELITO R. MUTUC vs COMMISSION ON ELECTIONS
of the accused must stand. It cannot be set aside. G.R. No. L-32717 November 26, 1970

REPUBLIC FLOUR MILLS INC. vs. THE COMMISSIONER OF FACTS: Amelito Mutuc, then a candidate for delegate to
CUSTOMS the Constitutional Convention assailed the validity of a
G.R. No. L-28463 May 31, 1971 ruling of respondent Commission on Elections enjoining
the use of a taped jingle for campaign purposes. He was
FACTS: Petitioner Republic Flour Mills, Inc. would have charged with a violation of the Omnibus Election Code.
this Court construe the words "products of the Sec. 12(e) of RA 6132 which provides it
Philippines" found in Section 2802 of the Tariff and makes unlawful the distribution of electoral propaganda
Custom Code as excluding bran (ipa) and pollard (darak) gadgets, mention being made of pens, lighters, fans,
on the ground that, coming as they do from wheat grain flashlights, athletic goods or materials, wallets,
which is imported in the Philippines, they are merely bandanas, shirts, hats, matches, and cigarettes, and
waste and not the products, which is the flour concluding with the words "and the like." Mutuc
produced. That way, it would not be liable at all for the questions where is he covered. COMELEC says under the
wharfage dues assessed under such section by phrase “the like”.
respondent Commission of Customs. It elevated the
matter to respondent Court, as the construction it would RULING: Under the well-known principle of ejusdem
place on the aforesaid section appears too strained and generis, the general words following any enumeration
far remote from the ordinary meaning of the text, not to being applicable only to things of the same kind or class
mention the policy of the Act. as those specifically referred to. It is quite apparent that
what was contemplated in the Act was the distribution
ISSUE: WON the petitioner be liable for wharfage dues of gadgets of the kind referred to as a means of
on its exportation of bran and pollard as they are not inducement to obtain a favorable vote for the candidate
"products of the Philippines", coming as they did from responsible for its distribution.
wheat grain which were imported from abroad, and
being "merely parts of the wheat grain milled by The sound system is not part of “the like.” Therefore,
Petitioner to produce flour which had become waste." Mutuc is not responsible.

HELD: YES. The language of Section 2802 appears to be Respondent Commission is permanently restrained and
quite explicit: "There shall be levied, collected and paid prohibited from enforcing or implementing or
on all articles imported or brought into the Philippines, demanding compliance with its aforesaid order banning
and on products of the Philippines ... exported from the the use of political taped jingles.
Philippines, a charge of two pesos per gross metric ton
as a fee for wharfage ...." One category refers to what is
imported. The other mentions products of the
Philippines that are exported. Even without undue
scrutiny, it does appear quite obvious that as long as the
goods are produced in the country, they fall within the
terms of the above section. It does take a certain

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MOHAMMAD ALI DIMAPORO vs. HON. RAMON V. MITRA, office on a ground not provided for in the Constitution.
ET AL For if it were the intention of the framers to include the
G.R. No. 96859 October 15, 1991 provisions of Section 67, Article IX of B.P. Blg. 881 as
among the means by which the term of a Congressman
FACTS: Mohamad Ali Dimaporo was elected may be shortened, it would have been a very simple
Representative during the 1987 congressional elections. matter to incorporate it in the present Constitution.
He took his oath of office performed the duties and
enjoyed the rights and privileges pertaining thereto. HELD: SC dismissed Dimaporo’s petition.

On 15 January 1990, he filed with the Commission on That the ground cited in Section 67, Article IX of B.P. Blg.
Elections a Certificate of Candidacy for the position of 881 is not mentioned in the Constitution itself as a mode
Regional Governor. The election was scheduled for 17 of shortening the tenure of office of members of
February 1990. Congress, does not preclude its application to present
members of Congress. Section 2 of Article XI provides
Upon being informed of this development by the that "(t)he President, the Vice-President, the Members
Commission on Elections, the Speaker and Secretary of of the Supreme Court, the Members of the
the House of Representatives excluded petitioner's Constitutional Commissions, and the Ombudsman may
name from the Roll of Members of the House of be removed from office, on impeachment for, and
Representatives pursuant to Section 67, Article IX of the conviction of, culpable violation of the Constitution,
Omnibus Election Code which provides: treason, bribery, graft and corruption, other high crimes,
Any elective official whether national or local running for or betrayal of public trust. All other public officers and
any office other than the one which he is holding in a employees may be removed from office as provided by
permanent capacity except for President and Vice- law, but not by impeachment.
President shall be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy. Such constitutional expression clearly recognizes that
the four (4) grounds found in Article VI of the
Dimaporo contended that the ground cited in Section Constitution by which the tenure of a Congressman may
67, Article IX of B.P. Blg. 881 is not mentioned in the be shortened are not exclusive. As held in the case
Constitution itself as a mode of shortening the tenure of of State ex rel. Berge vs. Lansing, the expression in the
office of members of Congress. constitution of the circumstances which shall bring
about a vacancy does not necessarily exclude all others.
He asserts the following grounds by which such term Neither does it preclude the legislature from prescribing
may be shortened summarized as follows: other grounds. Events so enumerated in the constitution
a) Section 13, Article VI: Forfeiture of his seat by or statutes are merely conditions the occurrence of any
holding any other office or employment in the one of which the office shall become vacant not as a
government or any subdivision, agency or penalty but simply as the legal effect of any one of the
instrumentality thereof, including government- events.
owned or controlled corporations or subsidiaries;
b) Section 16 (3): Expulsion as a disciplinary action
for disorderly behavior;
c) Section 17: Disqualification as determined by
resolution of the Electoral Tribunal in an election
contest; and,
d) Section 7, par. 2: Voluntary renunciation of office.

He asserts that under the rule expressio unius est

exclusio alterius, Section 67, Article IX of B.P. Blg. 881 is
repugnant to these constitutional provisions in that it
provides for the shortening of a congressman's term of

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MISAEL P. VERA (CIR) vs. HON. SERAFIN R. CUEVAS, et al EDGARDO A. GAANAN vs. INTERMEDIATE APPELLATE
G.R. No. L-33693-94 May 31, 1979 COURT and PEOPLE OF THE PHILIPPINES
G.R. No. L-69809 October 16, 1986
FACTS: The Comissioner of Internal Revenue issued an
order requiring milk manufacturers to withdraw from FACTS: Petitioner was convicted of violating Section 1 of
the market all of their filled milk products which did not Republic Act (RA) No. 4200 (Anti-Wiretapping Act) which
bear the inscription required by Section 169 of the Tax makes it “unlawful for any person, not being authorized
Code. This section provides: by all the parties to any private communication or
Section 169. Inscription to be placed on skimmed spoken word, to tap any wire or cable or by using any
milk. — All condensed skimmed milk and all milk other device or arrangement, to secretly overhear,
in whatever form, from which the fatty part has intercept, or record such communication or spoken
been removed totally or in part, sold or put on word by using a device commonly known as a
sale in the Philippines shall be clearly and legibly dictaphone or dictagraph or detectaphone or walkie-
marked on its immediate containers, and in all the talkie or tape-recorder, or however otherwise
language in which such containers are marked, described.” He overheard a private conversation with
with the words, "This milk is not suitable for the use of the extension telephone.
nourishment for infants less than one year of
age," or with other equivalent words. ISSUE: WON an extension telephone is among the
prohibited devices covered by in Section 1 of RA 2000,
HELD: It seems apparent that Section 169 of the Tax such that its use to overhear a private conversation
Code does not apply to filled milk. The use of the specific would constitute unlawful interception of
and qualifying terms "skimmed milk" in the headnote communications between the two parties using a
and "condensed skimmed milk" in the text of the cited telephone line.
section, would restrict the scope of the general clause
"all milk, in whatever form, from which the fatty pat has Section 1 of Rep. Act No. 4200 provides:
been removed totally or in part." In other words, the
general clause is restricted by the specific term Section 1. It sall be unlawful for any person, not being
"skimmed milk" under the familiar rule of ejusdem authorized by all the parties to any private
generis that general and unlimited terms are restrained communication or spoken word, to tap any wire or cable
and limited by the particular terms they follow in the or by using any other device or arrangement, to secretly
statute. overhear, intercept, or record such communication or
spoken word by using a device commonly known as a
Skimmed milk is different from filled milk. According to dictaphone or dictagraph or detectaphone or walkie-
the "Definitions, Standards of Purity, Rules and talkie or tape-recorder, or however otherwise described:
Regulations of the Board of Food Inspection," skimmed
milk is milk in whatever form from which the fatty part It shall be unlawful for any person, be he a participant or
has been removed. Filled milk, on the other hand, is any not in the act or acts penalized in the next preceeding
milk, whether or not condensed, evaporated sentence, to knowingly possess any tape record, wire
concentrated, powdered, dried, dessicated, to which has record, disc record, or any other such record, or copies
been added or which has been blended or compounded thereof, of any communication or spoken word secured
with any fat or oil other than milk fat so that the either before or after the effective date of this Act in the
resulting product is an imitation or semblance of milk manner prohibited by this law; or to replay the same for
cream or skim milk." The difference, therefore, between any other person or persons; or to communicate the
skimmed milk and filled milk is that in the former, the contents thereof, either verbally or in writing, or to
fatty part has been removed while in the latter, the fatty furnish transcriptions thereof, whether complete or
part is likewise removed but is substituted with refined partial, to any other person: Provided, that the use of
coconut oil or corn oil or both. It cannot then be readily such record or any copies thereof as evidence in any civil,
or safely assumed that Section 169 applies both to criminal investigation or trial of offenses mentioned in
skimmed milk and filled milk. Section 3 hereof, shall not be covered by this prohibition.

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get the desired communication corning from the other

HELD: The main issue in the resolution of this petition, party or end.
however, revolves around the meaning of the phrase
"any other device or arrangement." Is an extension of a The law refers to a "tap" of a wire or cable or the use of
telephone unit such a device or arrangement as would a "device or arrangement" for the purpose of secretly
subject the user to imprisonment ranging from six overhearing, intercepting, or recording the
months to six years with the accessory penalty of communication. There must be either a physical
perpetual absolute disqualification for a public officer or interruption through a wiretap or
deportation for an alien? Private secretaries with the deliberate installation of a device or arrangement in
extension lines to their bosses' telephones are order to overhear, intercept, or record the spoken
sometimes asked to use answering or recording devices words.
to record business conversations between a boss and
another businessman. Would transcribing a recorded An extension telephone cannot be placed in the same
message for the use of the boss be a proscribed offense? category as a dictaphone, dictagraph or the other
or for that matter, would a "party line" be a device or devices enumerated in Section 1 of RA No. 4200 as the
arrangement under the law? use thereof cannot be considered as "tapping" the wire
or cable of a telephone line. The telephone extension in
The petitioner contends that telephones or extension this case was not installed for that purpose. It just
telephones are not included in the enumeration of happened to be there for ordinary office use. It is a rule
"commonly known" listening or recording devices, nor in statutory construction that in order to determine the
do they belong to the same class of enumerated true intent of the legislature, the particular clauses and
electronic devices contemplated by law. He maintains phrases of the statute should not be taken as detached
that in 1964, when Senate Bill No. 9 (later Rep. Act No. and isolated expressions, but the whole and every part
4200) was being considered in the Senate, telephones thereof must be considered in fixing the meaning of any
and extension telephones were already widely used of its parts.
instruments, probably the most popularly known
communication device. In the case of Empire Insurance Com any v. Rufino (90
SCRA 437, 443-444), we ruled:
Whether or not listening over a telephone party line
would be punishable was discussed on the floor of the Likewise, Article 1372 of the Civil Code stipulates that
Senate. Yet, when the bill was finalized into a statute, no 'however general the terms of a contract may be, they
mention was made of telephones in the enumeration of shall not be understood to comprehend things that are
devices "commonly known as a dictaphone or distinct and cases that are different from those upon
dictagraph, detectaphone or walkie talkie or tape which the parties intended to agree.' Similarly, Article
recorder or however otherwise described." The omission 1374 of the same Code provides that 'the various
was not a mere oversight. Telephone party lines were stipulations of a contract shall be interpreted together,
intentionally deleted from the provisions of the Act. attributing to the doubtful ones that sense which may
result from all of them taken jointly.
The respondent People argue that an extension
telephone is embraced and covered by the term xxx xxx xxx
"device" within the context of the aforementioned law
because it is not a part or portion of a complete set of a Consequently, the phrase 'all liabilities or obligations of
telephone apparatus. It is a separate device and distinct the decedent' used in paragraph 5(c) and 7(d) should be
set of a movable apparatus consisting of a wire and a set then restricted only to those listed in the Inventory and
of telephone receiver not forming part of a main should not be construed as to comprehend all other
telephone set which can be detached or removed and obligations of the decedent. The rule that
can be transferred away from one place to another and 'particularization followed by a general expression will
to be plugged or attached to a main telephone line to ordinarily be restricted to the former' is based on the fact
in human experience that usually the minds of parties are

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addressed specially to the particularization, and that the cases which are not included within the literal
generalities, though broad enough to comprehend other meaning of the words, if such case is within the
fields if they stood alone, are used in contemplation of reason for the statute. And the cases within the
that upon which the minds of the parties are centered. letter of the law but not within the spirit thereof
are not within the statute. No reason, however,
Hence, the phrase "device or arrangement" in Section 1 may be imputed to the legislature, which is not
of RA No. 4200, although not exclusive to that supported by the fact of the law itself. In
enumerated therein, should be construed to determining the reason for the law, recourse
comprehend instruments of the same or similar nature, may be had to the preamble or applicable where
that is, instruments the use of which would be adherence to the latter would lead to absurdity,
tantamount to tapping the main line of a telephone. It injustice, contradiction or defeat the plain
refers to instruments whose installation or presence purpose of the act. Apparent inaccuracies did
cannot be presumed by the party or parties being and mistakes in the mere verbiage or
overheard because, by their very nature, they are not of phraseology will be overlooked to give effect to
common usage and their purpose is precisely for the spirit of the law.
tapping, intercepting or recording a telephone
conversation. 3) MENS LEGISLATORIS (Considering the intent of the
legislators)
An extension telephone is an instrument which is very  The courts look into the object to be
common especially now when the extended unit does accomplished, the evils and mischief to be
not have to be connected by wire to the main telephone remedied or the purpose to be observed. The
but can be moved from place ' to place within a radius of court should give the statute a reasonable or
a kilometer or more. A person should safely presume liberal construction which will best effect its
that the party he is calling at the other end of the line purpose rather than one which will defeat it
probably has an extension telephone and he runs the even though such construction is not within the
risk of a third party listening as in the case of a party line strict literal interpretation of the statute.
or a telephone unit which shares its line with another.  Statutes must be construed to avoid injustice.

Furthermore, it is a general rule that penal statutes must

be construed strictly in favor of the accused. Thus, in
case of doubt as in the case at bar, on whether or not an
extension telephone is included in the phrase "device or
arrangement", the penal statute must be construed as
not including an extension telephone.

2) RATIO LEGIS (Interpretation according to spirit)

 The underlying reason why a law is enacted.
 if you know why the law was enacted. You will
only apply this method where after thorough
reading & interpretation of the law, you cannot
ascertain the meaning of the statute.
 “Let us interpret not by the letter that killeth but
by the spirit that giveth life” (The words that are
used in a statute can destroy the intent of the
legislature or the meaning of the law.)
 In construing a statute, the courts must look into
the spirit of the law or the reason for it. The
spirit or intention of the law prevails over the
latter thereof. The statute may be extended to

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LESSON 3: framework of this Constitution and the national

INTERPRETATION OF WORDS AND PHRASES sovereignty as well as territorial integrity of the
Republic of the Philippines." (Emphasis Supplied)
Primary Rule as to Meaning of Language of Statute
a) When the language is plain and unambiguous The keywords — provinces, cities, municipalities and
and conveys a clear & definite meaning, there is geographical areas connote that "region" is to be made
no occasion in the resulting to rule of statutory up of more than one constituent unit. The term "region"
construction. The statute may be given in its used in its ordinary sense means two or more provinces.
plain and & obvious meaning. This is supported by the fact that the thirteen (13)
b) The language of the statute is to be read on its regions into which the Philippines is divided for
natural and most obvious import of the administrative purposes are groupings of contiguous
language, without resorting to subtle and forced provinces. (Integrated Reorganization Plan (1972), which
constructions for the purpose of either limiting was made as part of the law of the land by P.D. No. 1;
or extending their operation. P.D. No. 742) Ifugao is a province by itself. To become
 Esp Ipsorum Legislatorum Tanquam Viva Vox part of a region, it must join other provinces, cities,
(The language of the statute is to be understood municipalities, and geographical areas. It joins other
and interpreted like ordinary spoken language) units because of their common and distinctive historical
and cultural heritage, economic and social structures
CORDILLERA REGIONAL ASSEMBLY VS. COMELEC and other relevant characteristics. The Constitutional
GR No. 93054 requirements are not present in this case.-
December 4, 1990
The well-established rule in statutory construction that
FACTS: On January 30, 1990, the people of the provinces the language of the Constitution, as much as possible
of Benguet, Mountain Province, Ifugao, Abra and should be understood in the sense it has in common use
Kalinga-Apayao and the city of Baguio cast their votes in and that the words used in constitutional provisions are
a plebiscite held pursuant to Republic Act No. 6766 to be given their ordinary meaning except where
entitled "An Act Providing for an Organic Act for the technical terms are employed, must then, be applied in
Cordillera Autonomous Region." this case.

Consequently, the COMELEC, on February 14, 1990, Interpretation of Particular Words and Phrases
issued Resolution No. 2259 stating that the Organic Act 1) Technical Words & Phrases
for the Region has been approved and/or ratified by  they are presumed to have been used in
majority of the votes cast only in the province of Ifugao, technical sense & should be so understood
legally and validly. unless evident intention of legislature is to give
them popular signification.
ISSUE: WON the sole province of Ifugao can validly and  when it is shown that the words & phrases have
legally constitute the Cordillera Autonomous Region in technical meaning & they are susceptible to
interpretation, that interpretation most
HELD: NO. The sole province of Ifugao cannot validly favourable to the party in whose favour they are
constitute the Cordillera Autonomous Region. used must be adopted.
It is explicit in Article X, Section 15 of the 1987
Constitution that: 2) Terms judicially defined or with well-settled meaning in
"Section 15. There shall be created autonomous law
regions in Muslim Mindanao and in the  if used in subsequent statute, they are to be
Cordillera consisting of provinces, cities, understood in the same sense unless there is
municipalities and geographical areas sharing something in the context to show that they are
common and distinctive historical and cultural intended to bear a different meaning
heritage, economic and social structures, and
other relevant characteristics within the

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3) Commercial and Trade Terms interpretation, but should be given that meaning which
 words of commerce and trade, in a tariff or generally is given and accepted, in the community where
revenue law or other statutes relating to those the law applies and where the word or phrase has been
subjects are to be understood in the sense they in common use.
are generally accepted in commerce and trade
4) Words of More than One Meaning
THE ASIATIC PETROLEUM COMPANY vs. THE INSULAR  they are to be interpreted in accord with the
COLLECTOR OF INTERNAL REVENUE manifest purpose of the statute as gathered
G.R. No. L-12687 from the context
August 27, 1918
5) Similar Words in Same Statute
FACTS: The defendant, under threat of penalty,  a word repeatedly used in a statute should be
compelled the plaintiff to pay the internal revenue tax understood as having the same meaning
provided for under above said section of Act No. 2432 throughout the statute, unless there is
upon all such oils which the plaintiff had on hand on the something to show that some other meaning is
first day of January, 1915, whether or not the same had intended
been sold theretofore or not. The tax was paid under
protest. 6) Associated Words
 when the meaning of a word in a statute is
The plaintiff contends that the tax collected was illegal, ambiguous or vague, its true meaning may be
for the reason that the law had expressly relieved him made clear and specific by considering the
from the necessity of paying the same on all such oils company in which it is found and the meaning of
which he had "disposed of to consumers or persons the terms which are associated with it
other then manufacturers or wholesale dealers, prior to  Noscitur A Sociis or “Association of Words”
January 1, 1915"; that inasmuch as he had made a valid (Associated words explain and limit each other.)
and legal sale of such oils before January 1, 1915 even
though the same had not been actually delivered they 7) Express Mention and Implied Exclusion
had been "disposed of" and he was therefore relieved  Expression Unius Est Exclusion Alterius (The
from the necessity of paying the tax imposed by said Act. express mention of one thing excludes others
No contention is made that the oils "disposed of" had not mentioned.)
been disposed of to "manufacturers or wholesale
dealers." 8) Doctrine of Last Antecedent
 Relative & qualifying words, phrases & clause
HELD: This question involves an interpretation of the are to be applied to the word or phrase
phrase "disposed of" as used in the said section. If, it immediately preceding & not to the extent of
means that the vendor must "sell and deliver," then the others.
oils in question were not "disposed of." If, upon the
other hand, the phrase means simply that the vendor 9) Casus Omisus
has "sold," then the oils in question simply that the  Words or phrases may be supplied by the courts
vendor has "sold," then the oils in question were & inserted in a statute where that is necessary
"disposed of." If the Legislature had intended that the to eliminate repugnancy & inconsistency in the
phrase "dispose of" meant "sold and delivered," it is statute to complete the sense thereof & to give
strange that it did not use the latter phrase. The effect to the intention of the legislature
Legislature evidently took into consideration the custom manifested therein
of merchants in their use of the phrase "dispose of."  The court is allowed to supply the necessary
That phrase is used in the law evidently in its commercial words or insert in a statute words that would
sense and not in a technical sense. Words and phrases, make the statute clearer and remove
which are in common use among merchants and are repugnancy.
found in a law, should not be given a new and strange

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 There are instances that the court is not PARTICULAR WORDS AND PHRASES
permitted or allowed to make the necessary 1) MAY
correction: when the statute makes specific  an auxiliary verb that operates to confer
provision in regard to several enumerated cases discretion upon a party and is permissive in
or objects but omits to make any provision for a nature
cause or object which is analogous to  Used in procedural or adjective laws;
those enumerated on which stands upon the liberally construed
same reason and therefore within the general 2) MAY BE
scope of a statute and appears that such case or  an auxiliary verb that indicates possibility or
object was omitted by the inadvertence. opportunity
3) SHALL/OUGHT TO/MUST
10) Words and Phrases Taken Distributively  imperative, operating to impose a duty
 where a sentence in a statute contains several which may be enforced.
antecedents and several consequences, they are  used to express a command or exaltation in
to be read distributively; that is to say, each laws and is mandatory in nature
phrase or expression is to be referred to its  If a different interpretation is sought, it
appropriate object must rest upon something in the character
 Redendo Singula Singulis or “Doctrine of of the legislation or in the context which will
Collocation” (Words in different parts of a justify a different meaning
statute must be referred to their appropriate  The import of the word ultimately depends
connection.) upon a consideration of the entire
provision, its nature, object and the
11) Computation of Time consequences that would follow from
 Article 13 of the New Civil Code: “When the law construing it one way or the other
speaks of years, months, days or nights, it shall 4) AND
be understood that years are of 365 days each;  conjunction connecting words or phrases
months of 30 days; days of 24 hours; and nights expressing the idea that the latter is to be
from sunset to sunrise. If months are designated added or taken along with the first.
by their name, they shall be computed by the  a conjunction used to denote a joinder or
number of days which they respectively have. union of words or group of words that
 In computing a period, the first day shall be cannot stand without the other
excluded, and the last day included.” 5) OR
 disjunctive particle used to express as
12) Conjunctive and Disjunctive Participles alternative or to give a choice of one among
 “AND” may be read “OR” and vice versa, two or more things. It is also used to clarify
whenever necessary to give the statute sense what has already been said, and in such
and effect, or to harmonize its different part or cases, means “in other words,” “to wit,” or
to carry out the evident intention of the “that is to say.”
legislature  a disjunctive term signifying dissociation
from each other; indicates an alternative
6) ALL  universal or all-comprehensive sense or
general terms depending upon the demands of
reason
7) ANY  a restrictive interpretation in some cases
8) EVERY  a word of inclusion

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3RD EXAMINATION COVERAGE PEOPLE V. PURISIMA

AIDS IN CONSTRUCTION A person was charged w/ violation of PD 9 which

1. Intrinsic Aid penalizes, among others, the carrying outside of one’s
2. Extrinsic Aid residence any bladed, blunt or pointed weapon not used
3. Presumptions as an aid in Construction as a necessary tool or implement for livelihood, with
imprisonment ranging from five to ten years.
Lesson 1:
INTRINSIC AID OF CONSTRUCTION Question rose whether the carrying of such weapon
 Aids taken from the statute itself in determining should be in relation to subversion, rebellion,
the meaning and intention of the legislature. insurrection, lawless violence, criminality, chaos or
 read as a whole not parts public disorder as a necessary element of the crime.
 we find in the answer to a given question base
on the facts that are present. The mere carrying of such weapon outside one’s
 aids to construction are those found in the residence is sufficient to constitute a violation of the law.
printed page of the statute itself
Pursuant to the preamble which spelled out the events
PARTS OF A STATUTE that led to the enactment of the decree the clear intent
a. Title and spirit of the decree is to require the motivation
 expresses the subject matter of the law mentioned in the preamble as in indispensable element
 It is used as an aid, in case of doubt in its of the crime.
language to its construction and to
ascertaining legislative will. The severity of the penalty for the violation of the
 If the meaning of the statute is obscure, decree suggests that it is a serious offense, which may
courts may resort to the title to clear the only be justified by associating the carrying out of such
obscurity. bladed of blunt weapon with any of the purposes stated
in its preamble.
b. Preamble
 It is a part of the statute written CONCHOCO VS. MARTINEZ
immediately after its title, which states the FACTS: The borrower secured a loan with an interest of
purpose, reason for the enactment of the 18% after making certain payments, the lender now
law. tried to impose an interest rate of 18% per annum which
 When the meaning of a statute is clear and was contested by the borrower that this is a violation of
unambiguous, the preamble can neither the Usury Law. The court ruled that the interest rate
expand nor restrict its operation, much less imposed on the loan is usurious hence null & void. The
prevail over its text. Nor can be used as borrower assumed that he no longer pay the principal.
basis for giving a statute a meaning.
 When the statute is ambiguous, the ISSUE: WON the borrower is still liable.
preamble can be resorted to clarify the
ambiguity. RULE: Under the Usury Law, what is just being
 The intent of the law as culled from its mentioned is the interest rate charged upon the
preamble and from the situation, principal of the loan it does not negate the entire
circumstances and conditions it sought to obligation. Hence, the borrower must pay.
remedy, must be enforced.
 Preamble used as a guide in determining c. Body
the intent of the lawmaker.  Subdivided into paragraphs, chapters,
headings, articles, sections, marginal notes

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 Must be read in whole and not in parts to of age only on November 27, 1955, 19 days after the
give proper emphasis to each provision elections were held, and 16 days after the canvassers
proclaim him Mayor-elect.

ABOITIZ VS CITY OF CEBU The court below, relying on section 2174 of the
Computation of Time
Administrative Code, declared Aquino's election
Art. 13 of the Civil Code provides:
unlawful and illegal, and enjoined him from assuming
When the laws speak of years, months, days or
nights, it shall be understood that years are of three office. Contending that the 23-year age requirement
hundred sixty-five (365) days each; months, of thirty applied only to the assumption of office (in this case on
(30) days; days, of twenty-four (24) hours; and nights January 1, 1956) and not to his eligibility, respondent
from sunset to sunrise. Aquino appealed to this Court.
xxx
In computing a period, the first day shall be excluded, Revised Administrative Code of 1917 (Act 2711):
and the last day included.
Sec. 2174. Qualifications of Elective Municipal Officer. -
d. Punctuations An elective municipal officer must, at the time of the
 not seriously regarded. These are only minor election, be a qualified voter in his municipality and must
and are not decisive or controlling elements have been resident therein for at least one year; he must
in the interpretation of statutes.
be loyal to the United States 1and not less than twenty-
 may be used as an additional argument for
three years of age. He must also be able to read and
adopting the literal meaning of the words
thus punctuated but can never control write intelligently either Spanish, English or the local
against the intelligible meaning of a written dialect.
word.
 Semi- colon – used to indicate a separation Appellant avers that the phraseology of the section and
in the relation of the thought, what follows the existence of a semi-colon (;) after the first two
must have a relation to the same matter it requirements (improperly converted into a comma (,) in
precedes it. the 1951 edition of the Revised Administrative Code)
 Comma and semi- colon are use for the proves that while the candidate must be a qualified
same purpose to divide sentences, but the
voter and a resident at the time of the election, he need
semi – colon makes the division a little more
pronounce. Both are not used to introduce a not possess the remaining qualifications until he
new idea. assumes the office; that appellant was chosen by an
overwhelming majority of his constituents and that the
FELICIANO VS AQUINO evident will of the electorate was thwarted by the
judgment appealed from.
FACTS: On November 11, 1955, the respondent-
appellant Benigno S. Aquino, Jr., was proclaimed elected
HELD: Reliance upon punctuation altogether too shallow
to the position of Mayor of Concepcion, Tarlac, as a a foundation upon which to rest a conclusion that would
result of the elections held on November 8 of that year. upset the obvious pattern of the Constitution and the
Four days after the proclamation, defeated candidate laws, of requiring candidates to possess the requisite age
Nicolas Y. Feliciano instituted quo warranto proceedings at the time of the election, without any cogent reason to
in the CFI of Tarlac challenging the eligibility of justify departure from such requirement in the case of
respondent Aquino on the ground that the latter did not municipal offices. Had the legislators intended to
have 23 years of age at the time of his election. It is radically alter the time when the loyalty and statutory
age must be possessed, they would have done so more
uncontested that respondent Aquino became 23 years
clearly than by the simple recourse to a semi-colon.

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e. Legislative Definition and Interpretative Clauses

 words used in the statute that has been
defined and the construction to be placed
thereon has been declared by the
legislature.
 Legislative definition supersedes the
commonly accepted judicial decision, it is
the term used in a statute
 Interpretative clauses are clauses that are
defined
 In case of conflict between the
interpretation clauses and the legislative
meaning, as revealed by the statute when
considered in its totality, the latter shall
prevail.

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Lesson 2: those who involve in the process of legislation

EXTRINSIC AID OF CONSTRUCTION are knowledgeable of the intent and purpose of
the law.
 Extraneous facts, circumstances of means of  Best and strongest in law.
explanation resorted to for the purpose of  When the meaning of a statute is doubtful a
determining the legislative intent. practical construction put upon it at the time of
 Drawing conclusions respecting subjects that lie its passage or soon afterwards can universally
beyond the direct expression of the text. acquire then that interpretation will continue
 It can only be resorted to after exhausting all the constant construction of this statute
available intrinsic aids and still there remain
some ambiguity in the statute. Contemporanea expositio est optima et
 These are existing aids from outside sources, fortissima in lege (Contemporary Application)
meaning outside of the four corners of the It is the best and strongest means of
statute. If there is any doubt as to the meaning understanding the law
of the statute, the interpreter must first find that 8.) Usage
out within the statute.  the best evidence of contemporary statute and
its universal acceptance
Examples include: 9.) Judicial Construction
1.) Dictionaries (legal and general)  The judiciary interprets the law enacted
 A statute does not define word or phrases  Greater weight
used. 10.) Executive Construction
 Generally define words in their natural plain  The executive department trying to come up to
and ordinary acceptance and significance. its own interpretation
2.) Documents and statement papers which give the 11.) Legislative Construction
meaning  The legislative cannot interpret, only enact laws
3.) Scientific and political writings 12.) Legislative History
4.) Legal Textbooks  what was in the legislative mind at the time the
 While never admitted absolutely authoritative, statute was enacted; what the circumstances
these serve as persuasive or cumulative were; what evil was meant to be redressed
evidence of the true meaning of the disputed  Purpose of the statute – the reason or cause
statute. which induced the enactment of the law, the
5.) Official opinions mischief to be suppressed, and the policy which
6.) Judicial notice dictated its passage
7.) Contemporary history of the law. 13.) Legislative Debate
Things to be considered and discerned:  They show common arguments among the
1. What is the common law before the making members of the legislature regarding the
of this act? meaning of an ambiguous provision
2. What was the mischief or defect for which
the common law did not provide? LUZFARMS V. DAR
3. What remedy would the legislative has to
resolve or appointed to cure the defect of FACTS: It wanted the agricultural land devoted to
the law? livestock to be part of the coverage of the Agrarian
4. What is the true reason of the remedy? Reform Program. Luz farms said NO.

Contemporary Construction HELD: SC went to the legislative debate. It is generally

 Constructions placed upon statutes at the time held that, in construing constitutional provisions which
of, or after their enactment by the executive, are ambiguous or of doubtful meaning, the courts may
legislative or judicial authorities, as well as by consider the debates in the constitutional convention as

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throwing light on the intent of the framers of the

Constitution.

The transcripts of the deliberations of the Constitutional

Commission of 1986 on the meaning of the word
"agricultural," clearly show that it was never the
intention of the framers of the Constitution to include
livestock and poultry industry in the coverage of the
constitutionally-mandated agrarian reform program of
the Government.

14.) Opinions of Legislature

 When one legislator gives an opinion regarding
the provision of law
 Not so much weight as far as that is concerned
15.) Motives of the Legislature
 The presumption is whenever a law is made is
good for the public, there is no need to question
the legislature
16.) Reference to Other Texts
 Can be used as an extrinsic aid in construction of
statutes.
17.) Doctrine of Implications and Inferences
 Doctrine states that what is implied in a statute
is as much a part thereof as that which is
expressed
 You cannot use this doctrine when the law is
very clear or unambiguous
 LIMITATION: Seldom does the legislature make
something unambiguous so that you can apply
this doctrine

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Lesson 3: making body considered the effect of legislation on

PRESUMPTIONS AS AN AID IN CONSTRUCTION the constitutional rights of the citizen and that it
acted from patriotic and just motives and with a
1. Presumption against exceeding limits of legislative desire to promote the public good and that the law
authority are passed in good faith in order to remedy some
If a statute is susceptible of more than one evil. Courts cannot impute to the legislative
interpretation, one of which would make it transcend department a disregard of any fundamental principle
the limits of legislative competence and the other of liberty.
would make it fall within such limits, the latter
interpretation is to be adopted, for it is presumed the 6. Presumption in favor of beneficial operation of statute
legislature does not design any attempt to transcend It is always to be presumed that the legislature
rightful limits of its authority. intended its enactment to have the most reasonable
and beneficial operation that its language permits
2. Presumption against violation of International Law
and against extraterritorial operation of statutes 7. Presumption against impossibility
a.) In case of doubt, a statute should be construed A statute is never to be understood as requiring an
as to harmonize with the rules and principles of impossibility, if such a result can be avoided by any
international law rather than to violate them fair and reasonable construction.
b.) Prima facie, every statute is confined in its
operation within the territory of the state LEX NON COGIT AD IMPOSSIBILIA
enacting it ans the presumption is always against LEX NON INTENDIT ALIQUID IMPOSSIBLE
giving it extraterritorial operation and effect. The law does not require an impossibility

3. Presumption is in favor of constitutionality of statute Article 10, NCC

a) Legislators are bound to obey and support the In case of doubt in the interpretation or application of
laws, it is presumed that the law-making body intended
constitution and it is understood that they have
right and justice to prevail
considered the constitutional aspect of their
enactments. Hence, the presumption is always in
8. Presumption against injustice and hardship
favor of the constitutionality of a statute and
a. It is to be presumed that the legislature did not
every doubt should be resolved by the courts in
intend a law to work hardship or injustice and in
favor of such constitutionality.
case of any ambiguity or absurdity in a statute, it
b) In case of partial unconstitutionality of statute,
should be construed in favor of just and
the valid portion, if separable from the invalid,
equitable operation.
may stand and be enforced. But in order to do
this, the valid portion must be so far
LEGIS CONSTRUCTIO NON FACIT INJURIAM
independent of the invalid portion that it is fair
The construction of the law will not be such as to
to presume that the legislature would have
work injury or injustice
enacted it by itself if they had supposed that
they could not constitutionally enact the other
b. Injustice and hardship which legislature is
presumed not have intended is such as would
4. Presumption against inconsistency
fall upon the public generally or be of frequent
The mind of the legislature is presumed to be
occurrence and not such as may occur in
consistent and its enactments are therefore also
individual and exceptional cases.
presumed to be consistent with each other.
c. Presumption of no value when language of the
5. Presumption as to motives of the legislature
law is clear and explicit even though injustice
A general presumption exists that a law-making body
and hardship result from its application.
acted in good faith in the enactment of the laws; that
is, primarily the courts will assume that the law-

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HOC QUIDEM PERQUAM DURM EST, USED ITA Example: CC, PD 603, Muslim Code
LEX SCRIPTA EST
This is exceedingly hard but so the law is written. Family Code

9. Presumption against inconvenience Special Laws for Adoption

It is presumed that the legislature never intends its
enactments to work public inconvenience and courts 16.) Presumption against unnecessary change of laws
will attach weight to arguments drawn from the It is presumed that the legislature does not intend
inconvenient results which would follow the adoption to make unnecessary changes in the pre-existing
of one construction or the other. body of law and the construction of a statute should
be such as to avoid any change in the prior laws
10. Presumption against absurdity beyond what is necessary to effect the specific
It is presumed that the legislature does not intend an purpose of the act in question.
absurdity or that absurd consequence shall flow from
its enactments and such a result should be avoided if 17.) Presumption against implied repeals of laws
the terms of the act admit of it by a reasonable The presumption being against any intention to
construction. make unnecessary changes in the laws, it follows
that there is also a presumption against repeal by
11.) Presumption against ineffectiveness implication.
It is presumed that the legislature intends to impart
to its enactment such a meaning as will render 18.) Presumption in favor of exception to general
them operative and effective and courts will language
construe them as to carry out these objects. It is presumed that the legislature intended
exceptions to its general language which would
12.) Presumption as to public policy and morality avoid injustice, oppression or absurdity, if literal
The legislature is presumed to have intended its interpretation were adopted.
enactments to accord with the principles of sound
public policy and the interests of public morality 19.) Presumption in favor of previous judicial
and not to violate them. construction
a. when statute is revised or re-enacted after it had
13.) Presumption against irrepealable laws received judicial construction, it presumed the
The legislature is presumed not to intend its legislature intended that construction to
enactments to be irrepealable or to divest the state continue.
of any portion of its sovereign powers b. The same presumption exists in favor of
construction of adopted statutes.
14.) Presumption as to jurisdiction of courts
It is presumed that the legislature by its enactments Entire Statute be given Effect
does not intend to oust or restrict the jurisdiction of Statutes are to be construed as to give meaning to every
superior courts or to vest a new jurisdiction in them word, clause and sentence of the same and operation
unless there be express words or a necessary and effect to every part of the provision.
implication to that effect.
Statutes in PARI MATERIA
15.) Presumption regarding existing laws They are statutes which relate to the same thing or to
It is presumed that the legislature, in drafting and the same subject or object although they are enacted
enacting a statute and full knowledge and took at different times. They should be construed and
cognizance of all existing laws on the same subject harmonized with the existing law. Statutes in pari
matter relating thereto. materia are considered as if they constituted but one
act, so that sections of one act may be considered as
though they were parts of the other act.

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Limitations: b.) It should be strictly construed to include no

1. Private acts in pari materia construed separately case not within its letter, unless broader
and not together application is intended by legislature
2. Constitutional and statutory provisions in pari c.) A construction of proviso which would make it
materia are not to be construed together. repugnant to the body of the act should be
rejected if possible
What happens when there are conflicting clauses or d.) No proviso should be so construed as to
provisions? destroy provisions which it limits or to repeal
The two provisions must be reconciled, if possible the main provisions of the act.
and both be given effect. It is the duty of the courts
to harmonize these provisions. In the event that Functions of Proviso:
there are irreconcilable and inconsistent provisions, 1.) Creates condition precedent
the provision last in order of position will prevail as 2.) To limit, restrict or qualify in whole or in part
being the latest expression of the law. 3.) To exclude from its scope
4.) Used to guard against possible construction
Rules in Inconsistent and Irreconcilable Provisions that is not intended
1.) The latest in point of order of position will
prevail 2.) EXCEPTIONS - a clause which exempts from the
2.) If one is susceptible of one meaning and the operation of the statute persons, things or cases
other has two or more meaning, the provision which would otherwise be included. It is similar to a
that has only one meaning would prevail over proviso and serves practically same purpose as the
the other provision latter.
3.) IF the irreconcilable can no longer be
resolved, the court will declare it VOID. PROVISO VS EXCEPTION
PROVISO EXCEPTION
General and Special Provisions follows the enacting clause exempts something
 GENERALIA SPECIALIBUS NON DEROGANT and operates to defeat its absolutely from the
General provisions do not repeal special ones operation conditionally operation of a statute by
express words in the
 Special/specific provisions prevail except when enacting clause.
the general and special provisions are already in construed liberally construed strictly when
harmony with each other. the statute is promoting
the public welfare or
Clauses normally found in a statute where the general law is
1.) PROVISO – a clause added to a statute or to section entitled to a liberal
or part thereof, which introduces a condition or construction.
limitation upon the operation of the enactment or
makes special provision for cases exempted from 3.) SAVING CLAUSES - one that exempts a special
the general provisions of the law or qualifies or things out of the general things mentioned in the
restrains its generality or exclude some possible enactment. More particularly the existing rights or
ground of misrepresentation of its extent. causes of action or pending proceedings from
immediate interference by operation of a statute.
Construction of Proviso:
a.) It should be construed as to confine it to that Note: Saving clauses should be construed together
which directly precedes it or to the section to in connection with the body of the statute in order
which is appended, unless it clearly appears to arrive at the legislative intent.
that legislature intended to give it a wider
scope.

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Exam Notes: to a given case, where that intention is rendered

doubtful, amongst others, by reason of the fact that the
REELECTION OF PRESIDENT given case is not explicitly provided for in the law.” Thus,
“(w)here the language of a statute is plain and
The pertinent provisions of the 1987 Philippine unambiguous, there is no occasion for construction, and
Constitution governing the reelection of the President the statute must be given effect according to its plain
provide as follows: and obvious meaning.”

Article VII, Sec. 4. Xxx The President shall not be eligible In this regard, the cited provision obviously covers any
for any reelection. No person who has succeeded as and all cases of reelection, whether done
President and has served as such for more than four immediately or remotely after the reference term or
years shall be qualified for election to the same office at tenure, because of its use of the word “any”. Thus,
any time. there is no occasion for construction, since the
contemplated reelection in 2010 which is deemed
In the case of Estrada, he won the presidential by direct remote in relation to Erap's election in 1998, is already
vote of the people. Under these premises, it necessarily covered by the cited provision. Hence, the said
follows that under the present provisions of the 1987 provision must simply be given effect according to its
Constitution, Erap is not eligible for reelection at any plain and obvious meaning.
time after his first and last election, whether
immediately or remotely after his term or tenure, based Thirdly, the view that the use of the term “The”
on the following grounds: preceding the term “President” under the second
sentence of the first paragraph of Section 4, means that
Firstly, the second sentence of the first paragraph of the prohibition applies only to an incumbent President
Section 4 clearly refers to a person who has at anytime and not to a former President, is absurd, because it
been elected President, such as Erap, because this invokes and denies at the same time the absolute nature
provision speaks of “reelection” which means election of the prohibition against reelection. Since this view at
for another term in office. least concedes that the prohibition against “any
reelection” applied to Erap when he was the incumbent,
The well-established rule in statutory construction is that it cannot thereafter assert that the prohibition
the language of the Constitution, as much as possible, automatically lost its application the moment Erap
must be understood in the sense it has in common use, ceased to be President, because that denies the absolute
and that the words used in constitutional provisions are nature of the prohibition which it already conceded.
to be given their ordinary meaning, except where
technical terms are employed. In this regard, it is notable It is noteworthy that “(t)he purpose of all rules as to the
that the cited provision uses only common and ordinary construction of statutes is to discover the true intention
words, and does not use any technical term. of the law. Such rules are useful only in case of doubt,
and are never to be used to create doubt but only to
Secondly, the second sentence of the first paragraph of remove it.” In this regard, it is obvious that the absurd
Section 4 clearly refers to any and all view above violates the very purpose of statutory
reelections, whether done immediately or remotely construction, because it seeks to create doubt when in
after the first and last election, because this the beginning there was none.
provision uses the qualifier “any” which means one, no
matter what one, that is used as a function word Fourthly, the view that the third sentence of the first
especially in assertions and denials to indicate one that is paragraph of Section 4 makes Erap eligible for reelection
selected without restriction or limitation. because his tenure did not last for more than four years,
is baseless, because the cited provision evidently applies
It is notable that “(c)onstruction is the art or process of only to a “person who has succeeded as President”, such
discovering and expounding the meaning and intention as Gloria Macapagal-Arroyo (GMA) in 2001, by reason of
of the authors of the law with respect to its application the plain and obvious meaning of the language used.

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Notably, the cited provision speaks of “election” and not

of “reelection”.

It may be noted that the absolute prohibition against

reelection applies not only to him, but also to the
incumbent President GMA and to former President Fidel
V. Ramos.

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