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Construction – Drawing of conclusions with respect to subjects that are beyond the direct expressions of
the text, from the elements known and given in the text.
Interpretation is used to determine the true meaning of the word used in the statute, construction
on the other hand is used when there is a need to go beyond the language of the statute and seek
the assistance of extrinsic aids to determine if the case falls within the statute.
It is a cardinal rule in statutory construction that in interpreting the meaning and scope of a term
used in the law, a careful review of the whole law involved, as well as the intendment of the law,
must be made. In fact, legislative intent must be ascertained from a consideration of the statute as a
whole, and not of an isolated part or particular provision alone. (AISA vs. NLRC, 82 SCAD 800, G.R.
No. 111722, May 27, 1997)
Every part of a statute must be interpreted with reference to the context, and must be consistent
with the general intent of the whole enactment
Although the principle of separation of powers among the three branches of government is observed
in the Philippines, there are overlaps in their functions. To determine the allowable overlaps among
the three branches of government, the respective duties and responsibilities of each branch must be
clearly specified, thus;
The power of the executive branch to interpret statutes – this interpretation is not conclusive
upon the courts, although it is given substantial weight.
3. The overlap between judicial and legislative functions – this overlap is the focus of the study of
statutory construction.
“To declare what the law shall be is a legislative power, but to declare what the law is or has been, is
judicial.” (Fleete vs. Nickerson, 54 L.R.A., p. 554)
“When the language of the law is clear and unequivocal, the law must be taken to mean exactly what
it says.” (IBAAEU vs. Inciong, 132 SCRA 663; Chartered Bank Employees Association vs. Ople, 138
SCRA 273)
Constitution defined – “It is the written instrument agreed upon by the people…. As the absolute rule
of action and decision for all departments and officers of the government, and
in opposition to which any act or rule of any department or officer of the
government, or even of the people themselves, will be altogether void.”
(Cooley, Constitutional limitations 3 (1868)
TYPES OF STATUTES:
As to scope of application:
As to interested parties:
As to effect ( In Time ):
1. Prospective – statute operates upon acts done and transactions occurring after it takes effect.
(2 Sutherland, Statutory Construction, 3rd ed. p. 227)
2. Retrospective – affects acts already committed and operates on transactions completed.
(2 Sutherland, Statutory Construction, 3rd ed. p. 228)
As to purpose:
1. Remedial – statutes which provides remedies for enforcement of rights and redress of
grievances.
2. Penal – statutes which impose a punishment for the violation of its provisions.
3. Curative – statutes which cures defects in prior law.
1. Permanent – One whose operation or activity is not limited to some particular term or period,
but continues in force until repealed or amended. ( Crawford, Statutory
Construction, pp. 103-104)
2. Temporary – One whose operation or effectivity is limited to a fixed period or term. It continues
in force up to the expiration of said period or term, unless earlier repealed or
amended.
As to stage of enactment: