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Construction
The art or process of discovering and expounding the meaning
and intention of the authors of law, where that intention is Limitations on power to construe
rendered doubtful by reason of the ambiguity in its language Courts may not enlarge nor restrict statutes.
or the fact that the given case is not explicitly provided for in Courts may not be influenced by questions of wisdom.
the law.
Purpose: to ascertain and give effect to the intent of the law, to AIDS TO CONSTRUCTION
determine legislative intent. To ascertain the true intent of the statute, the court may avail of
intrinsic aids, or those found in the printed page of the statute, and
Rules of Statutory Construction extrinsic aids, those extraneous facts and circumstances outside the
These are tools used to ascertain legislative intent. They are printed page.
not rules but mere axioms of experience.
1. Title
Legislative Intent The title may indicate the legislative extent or restrict
the scope of the law, and a statute couched in a
The essence of the law. The intent of the legislature is the law,
language of doubtful import will be construed to
and the key to, and the controlling factor in, its construction
conform to the legislative intent as disclosed in its title.
and interpretation.
When the text of the statute is clear and free form
The primary source of legislative intent is the statute itself.
doubt, it is improper to resort to its title to make it
obscure.
Where the words or phrases of a statute are not obscure or
ambiguous, its meaning and the intention of the legislature must
2. Preamble
be determined from the language employed.
That part of the statute written immediately after its title,
Legislative Purpose which states the purpose, reason or justification for the
The reason why a particular statute was enacted by the enactment of a law. It is usually expressed in the form
legislature. of “whereas” clauses.
It is not an essential part of the statute. But it may,
Legislative Meaning when the statute is ambiguous, be resorted to clarify
What the law, by its language, means: what it comprehends, the ambiguity, as a key to open the minds of the
what it covers or embraces, what it limits or confines. lawmakers as to the purpose of the statute.
In construing a statute, it is not enough to ascertain the intention 3. Context of the whole text
or meaning of the statute; it is also necessary to see whether the The best source from which to ascertain the legislative
intention or meaning has been expressed in such a way as to give intent is the statute itself – the words, the phrases, the
it legal effect and validity. sentences, sections, clauses, provisions – taken as a
whole and in relation to one another.
• The duty and power to interpret or construe a statute or the
Constitution belongs to the judiciary. 4. Punctuation marks
• The SC construes the applicable law in controversies which Punctuation marks are aids of low degree; they are not
are ripe for judicial resolution. parts of the statute nor the English language.
• The court does not interpret law in a vacuum. Where there is, however, an ambiguity in a statute
• The legislature has no power to overrule the interpretation or which may be partially or wholly solved by a
construction of a statute or the Constitution by the Supreme punctuation mark, it may be considered in the
Court, for interpretation is a judicial function assigned to the construction of a statute.
latter by the fundamental law.
• The SC may, in an appropriate case, change or overrule its
previous construction.
5. Capitalization of letters
An aid of low degree in the construction of statutes.
A condition sine qua non before the court may construe or
interpret a statute, is that there be doubt or ambiguity in its 6. Headnotes or epigraphs
language. The province of construction lies wholly within the These are convenient index to the contents of the
domain of ambiguity. Where there is no ambiguity in the words of provisions of a statute; they may be consulted in case
a statute, there is no room for construction. of doubt in interpretation.
They are not entitled to much weight.
• A statute is ambiguous when it is capable of being understood
by reasonably well-informed persons in either of two senses. 7. Lingual text
• Where the law is free from ambiguity, the court may not Unless otherwise provided, where a statute is officially
introduce exceptions or conditions where none is provided. promulgated in English and Spanish, the English text
• A meaning that does not appear nor is intended or reflected in shall govern, but in case of ambiguity, omission or
the very language of the statute cannot be placed therein be mistake, the Spanish may be consulted to explain the
construction. English text.
• Where the two statutes that apply to a particular case, that The language in which a statute is written prevails over
which was specifically designed for the said case must its translation.
prevail over the other.
8. Intent or spirit of law
• When the SC has laid down a principle of law as applicable to
a certain state of facts, it will adhere to that principle and Legislative intent or spirit is the controlling factor, the
apply it to all future cases where the facts are substantially influence most dominant if a statute needs construction.
the same. The intent of the law is that which is expressed in the
• Judicial rulings have no retroactive effect. words thereof, discovered in the four corners of the law
and aided if necessary by its legislative history.
• The court may issue guidelines in applying the statute, not to
enlarge or restrict it but to clearly delineate what the law
9. Policy of law
requires. This is not judicial legislation but an act to define
what the law is.
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
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Respect is due the government agency or officials charged Statutes must be capable of construction or interpretation. If no judicial
with the implementation of the law for their competence, certainty can be had as to its meaning, the court is not at liberty to
expertness, experience and informed judgment, and the fact supply nor to make one.
that they are frequently the drafters of the law they interpret.
What is within the spirit is within the law
The court may disregard contemporaneous construction when When what the legislature had in mind is not accurately
there is no ambiguity in the law, where the construction is clearly reflected in the language of the statute, resort is had to the
erroneous, where strong reason to the contrary exists, and where principle that the spirit of the law controls its letter. Ratio
the court has previously given the statute a different legis, interpretation according to the spirit of the law.
interpretation.
If through the misapprehension of the law an executive or Literal import must yield to intent
administrative officer called upon to implement it has The intention of the legislature and its purpose or object
erroneously applied and executed it, the error may be controls the interpretation of particular language of a statute.
corrected when the true construction is ascertained.
Words ought to be more subservient to the intent and not the
Erroneous contemporaneous construction creates no vested intent to the words.
right on the part of those who relied upon, and followed such
construction. The rule is not absolute and admits exceptions Construction to accomplish purpose
in the interest of justice and fair play.
Statutes should be construed in the light of the object to be
achieved and the evil or mischief to be suppressed, and they
Legislative interpretation
should be given construction as will advance the object,
Legislative interpretation of a statute is not controlling, but the suppress the mischief, and secure the benefits intended.
courts may resort to it to clarify ambiguity in the language
thereof. When reason of law ceases, law itself ceases
Legislative approval Reason for the law is the heart of the law. When the reason of
The legislature is presumed to have full knowledge of a the law ceases, the law itself ceases. The reason of the law
contemporaneous or practical construction of a statute. is its soul.
Legislative ratification is equivalent to a mandate.
Supplying legislative omission
Reenactment Where a literal import of the language of the statute shows that
words have been omitted that should have been in the
The most common act of legislative approval; the reenactment statute in order to carry out its intent and spirit, clearly
of a statute, previously given a contemporaneous ascertainable from its context, the courts may supply the
construction, is a persuasive indication of the adaptation by omission to make the statute conform to the obvious intent of
the legislature of the prior construction. the legislature or to prevent the act from being absurd.
Stare Decisis Correcting clerical errors
The decision of the SC applying or interpreting a statute is In order to carry out the intent of the legislature, the court may
controlling with respect to the interpretation of that statute correct clerical errors, which, uncorrected, would render the
and is of greater weight than that of an executive or statute meaningless.
administrative officer in the construction of other statutes of
similar import. Construction to avoid absurdity
Past decisions of the court must be followed in the adjudication Courts are not to give a statute a meaning that would lead to
of cases: Stare decisis et non quieta movere, one should absurdities. Where there is ambiguity, such interpretation as
follow past precedents and should not disturb what has been will avoid inconvenience and absurdity is to be adopted.
settled. Constructing to avoid injustice
Where the court resolved a question merely sub silencio, its Presumed that undesirable consequences were never intended
decision does not come within the maxim of stare decisis as a legislative measure; that interpretation is to be adopted
Nor does an opinion expressed by the way, not up to the point which is free from evil or injustice.
in the issue, fall within the maxim; it is merely an obiter
Construction to avoid danger to public interest
dictum
Where great inconvenience will result, or great public interest
o An obiter dictum is an opinion expressed by a court will be endangered or sacrificed, or great mischief done,
upon some question of law which is not necessary to from a particular construction of the statute, such
the decision of the case before it. It is a remark, “by the construction should be avoided.
way”; it is not binding as a precedent.
The rule of stare decisis is not absolute. If found contrary to Construction in favor of right and justice
law, it must be abandoned. In case of doubt in the interpretation and application of the law,
it is presumed that the lawmaking body intended right and
LITERAL INTERPRETATION justice to prevail.
If a statute is clear, plain and free from ambiguity, it must be given its The fact that the statute is silent, obscure or insufficient with
literal meaning and applied without attempted interpretation. Verba respect to a question before a court will not justify the latter
legis non est recedendum, from the words of a statute there should be from declining judgment. That one is perceived to tip the
no departure. scales which the court believes will best promote the public
welfare in its probable operation.
Dura lex sed lex
The law is harsh, but it is still the law. It must be applied Surplusage and superfluity disregarded
regardless of who may be affected, even if it may be harsh The statute should be construed in accordance with the evident
or onerous. intent of the legislature without regard to the rejected word,
When the language of the law is clear, no explanation of it is phrase or clause.
required.
Redundant words may be rejected
DEPARTURE FROM LITERAL INTERPRETATION While the general rule is that every effort should be made to
give some meaning to every part of the statute, there is no
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
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Obscure or missing words or false description may not preclude Statutory definition
construction • The legislative definition controls the meaning of the
Neither does false description neither preclude construction nor statutory word, irrespective of any other meaning the
vitiate the meaning of a statute which is otherwise unclear. word or phrase may have in its ordinary or usual sense.
• When the term pr phrase is specifically defined in a
Exemption from rigid application of the law particular law, the definition must be adopted in
applying and enforecing such law.
Every rule is not without an exception. Where rigorous
application may lead to injustice, the general rule should • While definitions in a statute must be given all the
yield to occasional exceptions. weight due them, the terms must be given effect in their
entiretyas a harmonious, coordinated whole.
• Statutory definitions are controlling in so far as the said
Law does not require the impossible act is concerned.
The law obliges no one to perform an impossible thing. • A statutory definition does not apply where its
application creates incongruities.
Number and gender
1. When the context of the statute indicates, words in plural Words construed in their ordinary sense
include the singular, vice versa. In the absence of legislative intent to the contrary, they should be given
their plain, ordinary and common usage meanings.
2. The masculine but not the feminine includes all genders,
unless the context indicates otherwise. General words construed generally
• A word of general significance in a statute is to be taken in its
IMPLICATIONS
ordinary and comprehensive sense, unless the word is
No statute can be enacted that can provide all the details involved in its
intended to be given a different or restricted meaning.
application. What is implied in a statute is as much a part thereof as
• General words shall be understood in the general sense
that which is expressed.
• The general must prevail over the restricted unless the nature
Grant of jurisdiction and the context indicates that the limited sense is intended
The jurisdiction to hear and decide cases is conferred only by the
Constitution or by statute. The grant of jurisdiction to try actions carries Generic term includes things that arise thereafter
with it all necessary and incidental powers to employ all writs, • Progressive interpretation – extends by construction the
processes and other means essential to make its jurisdiction effective. application of a statute to all subjects or conditions within its
general purpose or scope that come into existence
Grant of power includes incidental power subsequent to its passage; keeps legislation from becoming
Where a general power is conferred or duty enjoined, every particular ephemeral and transitory
power necessary for the exercise of one of the performance of the
other is also conferred. Words with commercial or trade meaning
Words and phrases which are in common use among traders and
Grant of power excludes greater power merchants, acquire trade or commercial meanings which are generally
The foregoing principle implies the exclusion of those which are accepted in the community in which they have been in common use. In
greater than conferred. absence of intent to contrary, trade and commercial terms in a statute
are presumed to have been used in their trade and commercial sense.
What is implied should not be against the law
The statutory grant of power does not include such incidental power Words with technical or legal meaning
which cannot be exercised without violating the Constitution, the Should be interpreted according to the sense in which they have been
statute granting power, or other laws of the same subject. previously used, although the sense may vary from the strict or literal
meaning of the words.
Authority to charge against public funds may not be implied
Unless a statute expressly so authorizes, no claim against public finds How identical terms in the same statute are construed
may be allowed. A word or phrase repeatedly used will bear the same meaning
throughout the statute; presumed to be used in the same sense
Illegality of act implied from prohibition throughout the law.
Where a statute prohibits the doing of an act, the act done in violation
thereof is by implication null and void. No man can be allowed to found Meaning of word qualified by purpose of statute
a claim upon his own wrongdoing or inequity. No man should be The meaning of a word may be qualified by the purpose which induced
allowed to take advantage of his own wrong. In Pari Delicto the legislature to enact the statute.
• OR is a disjunctive term signifying disassociation and (Last Antecedent) Qualifying words restrict or modify only the
independence of one thing from each of the other things words or phrases to which they are immediately associated,
enumerated and not those to which they are distantly or remotely
• AND is a conjunction meaning “together with” “joined with” associated.
“added to”, “linked to” o Does not apply when the intention is not to qualify
• The term AND/OR means that effect shall be given to both the antecedent at all
conjunctive and disjunctive
(Ejusdem) While general words or expressions in a statute are • Exception introduced by “except”, “unless otherwise” and “shall
not apply” is a clause which exempts something from the
accorded their full, natural and generic sense, they will not
operation of a statute by express words.
be given such meaning if they are used in association with
o An exception exempts something absolutely from
specific words or phrases.
the operation of a statute; a proviso defeats its
o Where a statute describes things of particular
operation conditionally.
class or kind accompanied by words of a
generic character, the generic words will o An exception takes out of the statute something
usually be limited to things of a kindred that otherwise would be a part of the subject
nature with those particularly enumerated, matter of it. A proviso avoids them by way of an
unless there be something in the context of excuse.
the statute to repel such inference. o One of the functions of a proviso is to except
o Limitations: something from an enacting clause. In this sense
1. A statute contains an enumeration is it similar with exception.
of particular and specific words,
followed by a general word or SAVING CLAUSE
phrase A clause in the provision of law which operates to except from the
2. The particular and specific words effect of law what the clause provides, or to save something which
constitute a class or are of the would otherwise be lost. Must be construed in the light of the legislative
same kind intent.
3. The enumeration of a particular
and specific words is not STATUTES CONSTRUED AS A WHOLE
exhaustive or is not merely by A statute is passed as a whole and not in parts or sections and is
example animated by one general purpose and intent.
4. There is no indication of legislative The intent or the meaning of the statute should be ascertained
intent to give the general words or from the statute takes as a whole.
phrases a broader meaning Statutes must receive a reasonable construction, reference
being had to their controlling purpose.
(Expressio) The express mention of one person, thing or One part is as important as the other.
consequence implies the exclusion of all others. Limitation: Where a statute is susceptible of more than one interpretation,
not applicable if there is some special reason for mentioning the court should adopt such reasonable and beneficial
one thing and none for mentioning another which is construction as will render the provision operative and
otherwise within the statute, so that the absence of any harmonious. Constructions that would render it inoperative
mention of such will not exclude it. Also, must be must be avoided; must be reconciled, parts must be a
disregarded if : coordinated and harmonious whole.
o It will cause inconvenience Conflicting provisions should be reconciled and harmonized;
o Where the legislative intent shows that the they must be reconciled instead of declaring them invalid.
enumeration is not exclusive
Where there is a particular or special provision and a general
provision in the same statute and the latter in its most
(Negative-Opposite) What is expressed puts an end to what is comprehensive sense would overrule the former, the particular or
implied. special provision must be taken to affect only the other parts of
the statute to which it may properly apply.
(Causus) A person, object or thing omitted from an A law should be interpreted with a view to upholding it rather
enumeration must be held to have been omitted than destroying it.
intentionally. ONLY when the omission has been clearly All laws are presumed to be consistent with each other.
established. If provisions cannot be reconciled despite efforts, the courts
o Does not apply where it is shown that the should choose one that will best effectuate the legislative
legislature did not intend to exclude the person, intent.
thing or object from the enumeration.
The interpretation that will give the thing efficacy is to be
adopted; legislative did not do a vain thing in its enactment.
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
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