Interpretation/Construction

Formal interpretation (Interpreting the material generally)

1. Judicial construction/interpretation
1- Legis Interpretatio: Judicial construction of a statute acquires force of law
5a- Stare decisis/ est non quieta movere: Follow past precedents and do not disturb
what has been settled.
Judicial decisions interpreting a law is law, it sets precedent
2. Contemporary construction
2a- Contemporanee expositio/ est optima et fortissima in lege: Contemporary
construction is strongest in law
Contemporary construction are practical constructions that are place upon statutes,
at the time of or after their enactment, by the executive, legislative and judicial
authorities
Extrinsic aid to interpret the law.
3. Statute itself
36a- Opitma statuti interpretatrix est/ ipsum statutum: The best interpreter of the statute is
the statute itself
4. As a whole
36b: The exposition of a statute should be made from all its parts combined
36c: It is unjust to decide or to respond as to any particular apart of a law without
examining the whole of the law
36d: The sense and meaning of the law is collected by viewing all the parts together as
one whole and not of one part by itself.
5. Presumption of constitutionality
37- Interpretatio fienda est/ ut res magis valeat quam pereat: Law should be interpreted
with a view of upholding rather than destroying.
6. Harmony with other Statutes
38a: Of the same matter
38b- Interpretare et concodrdare/ leges legibus/ est optimus: Every statute must be so
construed and harmonised with other statutes as to have a uniform system of law
39a- Distingue tempora/ et concordabis jura: Distinguish times and you will harmonize
law
Law harmonizes with others laws and the passage of time
7. Strict compliance
43- Strictissimi juris: Follow the law strictly
8. Prospectivity
46a- Lex prospicit, non respicit: Law looks forward, not backward.
46b: Law provides for the future not the past
46c: New statute should affect the future, not the past
46d: Laws which are retrospective are rarely and cautiously received for (Janus?) has really
no place in the laws
46e: Laws should be construed as prospective, not retrospective, unless they are expressly
made applicable to past transactions and to such are still pending
9. Retroactivity
46e: Laws should be construed as prospective, not retrospective, unless they are expressly
made applicable to past transactions and to such are still pending
48: Penal laws which are favourable to the accused are given retroactive effect (Also
applicable to non-penal laws)
10. Repeals
49- Leges posteriores/ priores contrarias abrogant: Later statutes repeal prior ones
which are repugnant thereto
50- Generalia/ specialibus/ non derogant: A general law does not nullify a specific or
special law.
11. Riders
D: The black (body of the act printed in black) should never go beyond the red (title or
rubric of the statute printed in red)
No riders, apply Consti rule
Intrinsic Interpretation (Interpreting the material itself)
1. Intent: Verba/ Words
6a- Index animi/ sermo est: Speech is the index of intention
6c- Verba legis/ non est recedendum: Do no depart from the words of the statute
6d: It is bad construction which corrupts the text
6e- Literra scripta/ manet: The written word endures
7a- Absoluta sentencia/ espositore/ non indiget: When the language of the law is clear
no explanation is needed.
2. Intent: Ratio/Reason
6b- Animus hominis/ est anima scripti: The intention of the man is the soul of what is
written
9a- Ratio legis/ est anima legis: The reason of the law is the soul of the law
Reason of the law prevails over the words
9b: Letter kills but the spirit gives life
9c: Words need to be more subservient to the intent and not to the words
9d: Law is to be construed liberally so that its spirit and reason be preserved
9e: He who considers merely the letter of an instrument goes but skin deep into its
meaning
10: When the reason of the law ceases, the law itself ceases
3. General
9f: When the words used in a statute are special, but the purpose is general, it should be
read as the general expression
24a- Generalia verba/ sunt generaliter intelligenda: General words should be understood
in their general sense
24b: General statement is understood in its general sense
25d- Verba generalia/ restinguntur/ ad habilitatem rei ve; personam: General words
should be confined according to the subject matter or persons to which they relate
35- Exceptio/ firmat regulam/ in casibus non exceptis: A thing not being expected must
be regarded as coming within the general purview of the general rule
4. Context
25a- Verba/ accipienda sunt/ secundum subjectam materiam: A word is to be understood
in the context in which it is used
26- Ubi lex non distinguit/ necnon/ distinugere debemus: Where the law does not
distinguish, the courts should not distinguish.
27- Dissimilium/ dissimilis est ratio: Of things dissimilar, the rule is dissimilar
28- Nonscitur/ a socilis: A thing is known by its associates (Immediate context)
29- Ejusdem generis: Of the same kind or species (When a specific word precedes the
general word, such general word should be of the same kind or specie as the specific
words enumerated.)
5. Common sense
25b: Equivocal words or those with double meaning are to be understood according to
their common and ordinary sense
6. Technical sense
25c: Words of art should be explained from their usage in the art to which they belong
7. Implications
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20a- Ex necessitate legis: By necessary implication of law
20b: Greater includes the lesser
20c: When jurisdiction is given, all powers and means essential to its exercise are also
given
30a- Expression unius/ est exlcusio alterius: Express mention on one person, thing or
consequence implies the exclusion of others
8. Expressed vs Implied
30b: What is expressed puts an end to that which is implied
31- Argumentum a contrario: Negative-opposite: What is expressed puts an end to that
which is implied.
32: A person, object or thing omitted from an enumeration must be held to have been
omitted intentionally
9. Proper references
33: Qulifying word or phrase should be understood as referring to the nearest antecedent
34: Referring to each of referring each phrase or expression to its appropriate object, or let
each be put in its proper place
36e: A passage will be best interpreted by reference to that which precedes and follows it
36f: Reference should be made to a subsequent section in order to explain a previous
clause of which the meaning is doubtful
10. Errors/ Uncertainty
16a: False description does not preclude construction nor vitiate the meaning of the
statute
16b: Error in name does not make an instrument inoperative when the description is
sufficiently clear
16c: That is sufficiently certain which can be made certain
Practical interpretation (When obscurity arises and formal/intrinsic interpretation is
not clear)
1. Standard practice
B1- In obscuris/ inspici solere quod verisimilius est,/ aut quod plerumque fieri solet: When
matters are obscure, it is customary to take what appears to be more likely or what
usually often happens
B2- Ambiguitas verborum patens/ nulla verificatione excluditur: A patent ambiguity can be
cleared up by extrinsic evidence (unless perfectly vague).
Go outside and consult outside the law or statutes, check what practice or how it is
carried out
C1: Laws are understood to be adapted to those cases which most frequently occur.
C2: Laws ought to be made with a view to those cases which happen most frequently and
not those which are of rare of accidental occurrence
2. Custom
2b- Optima set legume interpres/ consuetudo: Custom is the best interpreter of law
3. Usage
3a- Optimus interpres rerum/ usus: The best interpreter of the law is usage
4. Harsh laws still need to be obeyed
7b: Dura lex/ sed lex: The law may be harsh but it is the law
7c: It is exceedingly hard, but so is the law written
5. Equity
8a: Equity never acts in contravention of the law
8b: What is good and equal is the law of laws
8c: Law is the art of good and equitable
6. Avoid inconvenience and absurdity
11a- Interpretatio talis/ in ambiguis/ semper fienda est/ ut evitetur inconveniens/ et
absurdum: When there is ambiguity, the interpretation of such that will avoid
inconvenience and absurdity is adopted'
11d: It is better that words should have no operation at all than they should operate
absurdly
7. Should be reasonable/ interpreted with reason
11e: Law always intends that which is in accordance with reason
11f: When there is the same reason, there is the same law
8. Analogy
11f: When there is the same reason, there is the same law
11g: An argument drawn from a similar case or analogy prevails in law
11h: Concerning similars, the judgment is the same
11i: Where the reason is the same, there is the same verdict of law
9. Free from injustice
11b- Legis construcio/ non facit injuriam: The construction of the law will not be as such as
to work injury or injustice.
12a- Ea est accipienda interpretatio quae vitio caret: The interpretation is to be adopted
which is free from injustice
12b Lex injusta non/ est lex: Unjust law is not law
10. What is right
13a: Let right be done thought he heavens may fall
11. No to extremes
18a: The rigor of law would be the highest injustice
18b: Extreme law is often extreme wrong
12. Impossibility
19a- Nemo/ tentetur ad impossibilia: The law obliges no one to perform an
impossibility.
19b: No obligation to do an impossible thing
19c: Law does not require an impossibility
19d: Law does not intend the impossible
13. Harmony and change
38a: Of the same matter
38b- Interpretare et concodrdare/ leges legibus/ est optimus: Every statute must be so
construed and harmonised with other statutes as to have a uniform system of law
39a- Distingue tempora/ et concordabis jura: Distinguish times and you will harmonise
law
Law harmonizes with others laws and the passage of time
39b: Times have changed and the laws have changed with them
39c: With the necessary changes
14. General welfare
40a- Salus popili/ est suprema lex: The welfare of the people is the supreme law
40b- Statuta/ pro publico commdo/ late intepretantur: Statutes enacted for the public
good are to be construed liberally
40c: Private interests of the individual must give way to the accommodation of the public
Other rules to follow
1. Use of Maxims
2c- In default of law the maxim rules
2. Void cannot become valid
3c: That which was originally void, does not become valid
3. Legislative
4: Legislative ratification is equivalent to mandate
4. There should be an end to litigation
5b: The interest of the state demands that there be an end to litigation
5. No one above the law
13b: Nobody is above the law
13c: No power must be above the law
6. Unjust enrichment is unjust
14: It is certainly not agreeable to natural justice that a stranger should reap the pecuniary
produce of another's work
7. Exemptions
17: Where anything is granted generally, exemption from rigid application of law is
implied: that nothing shall be contrary to law
8. Rights
21a: When there is a right, there is a remedy for the violation hereof
21b: When the law is uncertain there is no right
9. No relief when it fault
22a: An action does not arise from fraud
22b: No one may derive advantage from his own unlawful act
22c: Pari delicto: Where the parties are equally at fault, the position of the defending party
is the better one
10. No direct way, no indirect way also
23: What cannot by law be done directly, cannot be done indirectly
11. Criminal law
41a: Act does not make a person guilty unless his mind is guilty
41b: Act done by me against my will is not my act
12. Privileges
42a: Privileges are to be interpreted in accordance with the will of him who grants them
42b: Renunciation cannot be presumed
13. No legal right against authority
44: There can be no legal right as against the authority that makes the law on which the
right depends
14. Those who the law favours
40c: Private interests of the individual must give way to the accommodation of the public
45a: Law aids the vigilant, not those who slumber on their rights
45b: He who is first in time is preferred in right
15. Ignorance of the law
A: Ignorance of the law excuses no one
16. Not importance enough to be given consideration
C3: Legislators usually pass over what happens only once or twice
C4: Law does not concern itself with trifling matters
Clarence Tiu, Ateneo Law 1-B, Statutory Construction