CHAPTER II: AIDS IN INTERPRETATION AND CONSTRUCTION

Use Intrinsic Aids Before Resorting to Extrinsic Aids

1.
Intrinsic Aid
Elements found in the law itself
2.

Extrinsic Aid
Facts or matters not found in the law

3.

Presumptions
Based on logic or established provision of law

Intrinsic Aids
1.
Title
That which expresses the subject matter of the law. It can help in the
construction of statutes but it is not controlling and not entitled to much
weight
2.

Preamble
That part of the statute following the title and preceding the enacting
clause which states the reasons or the objectives of the enactment. It
cannot enlarge or confer powers, or cure inherent defects in the statute

3.

Words, Phrases and Sentences, Context

The intention of the legislature must primarily be determined from the
language of the statute and such language consists of the words, phrases
and sentences used therein. The meaning of the law should, however, be
taken from the general consideration of the act as a whole and not from
any single part, portion or section or from isolated words and phrases,
clauses or sentences used.

4.

Punctuation
It is an aid of low degree in interpreting the language of the statute and
can never control against the intelligible meaning of the written word.
However, if the punctuation of the statute gives it a meaning that is
reasonable and in apparent accord with the legislative will, it may be
used as an additional argument for adopting the literal meaning of the
words thus punctuated

5.

Headings and Marginal Notes

If the meaning of the statute is clear or if the text of the statute is clear,
they will prevail as against the headings, especially if the headings have
been prepared by compilers and not by the legislature.

6.

Legislative Definition and Interpretation

If the legislature has defined the words used in the statute and has
declared the construction to be placed thereon, such definition or
construction should be followed by the courts. The rules are as follows:
If a law provides that in case of doubt it should be construed or
interpreted in a certain manner, the courts should follow such
instructions.
In case of conflict between the interpretation clauses and the legislative
meaning, as revealed by the statute considered in its totality, the latter
shall prevail.
A term is used throughout the statute in the same sense in which it is
first defined.
Legislative definition of similar terms in other statute may be resorted to
except where a particular law expressly declares that its definition
therein is limited in application to the statutes in which they appear.

a.

b.

c.
d.