statutory construction

5/24/2018 Statutory Construction

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ATTY. NESTOR MONDOC

Professor, Statutory Construction

COLLEGE OF LAW

UNIVERSITY OF THE CORDILLERAS

STATUTORY CONSTRUCTION(A Compendium from the books of Rodriguez, Martin and Agpalo)

IntroductionCONCEPTS AND GENERAL PRINCIPLES

I. Statutory Construction- Statutory construction is the art or process of discovering and expounding the meaning

and intention of the authors of the law with respect to its application in a given case,where the intention rendered is doubtful by reason of the fact that the given case is notexplicitly provided for in the law (Caltex vs. Palomar 18 SCRA 247)

- It is the art of seeking the intention of the authors of the legislature in creating a statuteand applying it to given a state of facts.

- It is the art or process of ascertaining the intention of the law-making body to resolveambiguity in the law or its part.

Note: Only statutes with ambiguous or doubtful meaning may be the subject of StatutoryConstruction

Ambiguity- Is the doubtfulness, doubleness, indistinctness, non-singularity or uncertainty of meaning

of an expression used in a written instrument (Blacks Law Dictionary).- Also refers to vagueness or obscurity of the true sense or meaning of an expression, text

or language used in a statute.

II. Legal Hermeneutics- It is the branch of science that establishes the principles and rules of interpretation and

construction of written laws.- Branch of Jurisprudence

III. Exegesis

- The application of the principles and rules established by legal hermeneutics.

Statutory Construction Legal Hermeneutics Exegesis

Seeking the intention usingthe principles/procedures tobe able to interpret orconstruct

Establish the principles andrules: knowing theprocedures

Application of principlesand rules

Goal: To ascertain the intention of the authors of the law.

Cardinal Rule on Statutory Construction- Achieve the goal of the law- Ascertain the intention of the framers of the law

Formula:Facts + Law = Decision(F + L = D)


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


Chapter 1STATUTE, LAWS, BILLS

Statuteis an Actof the legislature as an organized body; it is theWrittenwill of the

legislature, Expressedaccording to the form necessary to constitute it a law of the state andRendered authentic by certain prescribed forms and solemnities. (AWER)

Lawa rule of conduct or order of sequence which any being will not, ought not or cannotdeviate. Elements: certain kinds of force, deviation and consequence.

Billis a proposed law; draft of a law submitted to the consideration of the legislative body foradoption.

Kinds of Bills1. Appropriation Billthe primary and specific purpose is to authorize the release of funds

from the public treasury.

2. Revenue Billone that levies taxes and raises funds for the government.3. Tariff Billone that specifies the rates or duties to be imposed on imported articles.4. Bill Increasing Public Debtone that authorizes the government to borrow money, either

by borrowing from external sources or offering bonds for public subscriptions.5. Bill of Local Applicationone which is local in character like the creation of new town,

city or province.6. Private Billone that will not operate directly for the public good but calculate to serve

good will (e.g. bills granting honorary membership).

How laws are made: (Procedures)o Research

First Readingany member of either house may present a bill, signed by him and

reference to the proper committee; principal author may propose the inclusion; the bill isread by its title number and name/s of author/s

o Referral to the Appropriate Committeeif disapproved, the bill dies a naturaldeath unless the House decides otherwise following the submission of the report.

Second Readingthe entire bill is read. Debates ensue and changes and amendmentsare inserted. The bill is then printed and distributed to all the members of congress. Iffavored the bill is forwarded to the Committee on Rules.

Third Readingonly the title of the bill is read; voting takes place; majority is sufficient topass the bill

Referral to the Other Housethe same procedure takes placeo Submission to Joint Bicameral Committeeo Enrolled Bill/Journal

Submission to the President


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


- Decrees issued under the 1973 Constitution- Executive of the President- Decision of Courts

The Three (3) Branches or departments of Government

1. EXECUTIVE- Vested in the president; administer laws, carrying them into practical operation and

enforcing their due observance.

2. LEGISLATIVE- Power to make, alter or repeal laws- Vested in a bicameral Congress

3. JUDICIARY- Power to interpret and apply the laws- Vested in one Supreme Court and such lower courts as may be established by law

Principles: Check and Balance (maintain equilibrium)

- Law making power of Congress subject to veto power of the president, which in turnmay be overridden (avoid hasty and improvident legislation, i.e. Hodgepodge andlog-rolling legislation)

- Congress may refuse to give concurrence to an amnesty granted or treaty enteredinto by the president.

- Judicial review Separationthe purpose is to prevent the concentration of authority in one person or

group that might lead to an irreversible error or abuse in its exercise. (Absolute powercorrupts absolutely).Justice Laurel:

To secure action, to forestall over action, to prevent despotism (absolute power)and to obtain efficiency.

Constitution:The three branches are entrusted with each of their powers are not permitted toencroach upon the powers of confided to the others.

Non-delegation of Powers- What has been delegated cannot be delegated- Delegated power constitutes not only a right but also a duty to be performed by the

delegate through the instrumentality of his own judgment.

The Test of Valid Delegation

1. Completeness TestLaws must be complete in all its essential terms and conditions sothat there will be nothing left for the delegate except to enforce it.

2. Sufficiency of Standard TestIndicates the circumstances which the policies are to bepursued and implemented. Limits and provides parameters of discretion; purpose is toprevent total transference of legislative power from the law-making body to the delegate.

Separation of powers principle that

states that the division of power shall be

maintained which means that a function of

one shall not be a function of another,

unless the people allow it.


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


CHAPTER 2INTERPRETATION AND CONSTRUCTION

Rule: In determining the intention of the legislature, courts should resort first tointerpretation (intrinsic aids) before resorting to construction (extrinsic aids).Reason: speech is the index of intention.

INTERPRETATION:- Is the part of finding the true sense and meaning of word/s without going beyond the

context of the statute.- It utilizes intrinsic aids(those present in the law itself), which are as follows:

a. Titleexpresses the subject matter of the lawb. Preamblestates the reasons and objectives of the enactmentc. Punctuationmay be used as an additional argument for adopting the literal

meaning of the words thus punctuated but can never control against theintelligible meaning of a written word.

d. Words, Phrases, Sentences and Contextthe intention must primarily bedetermined from the language of the statute as a whole and not from any

single part/portion or section or from isolated words, phrases and sentencesused.

e. Headings and Marginal Notesdetermines the scope of the provision andtheir relation to other portions of the act, however, if the meaning of thestatute or if its text is clear, it will prevail as against the heading, if the latterhas been prepared by compilers and not the legislature.

f. Legislative Definition and Interpretationdefinition of the legislature of thewords used in the stature and the construction to be placed thereon. Therules are as follows:

If a law provides that in case of doubt, it should be construed andinterpreted in a certain manner that the courts should follow suchinstructions.

In case of conflict between the interpretation clauses and thelegislative meaning, as revealed by the statute when considered in itstotality, the latter shall prevail.

A term is used throughout the statute in the same sense it is firstdeemed.

Legislative definition in similar terms on the statute maybe resolved to,except, where a particular law expressly declares that its definitiontherein is limited in application to the statutes in which they appear.


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COLLEGE OF LAW


EXTRINSIC AIDS- Extraneous facts, circumstances of means of explanation resorted to for the purpose

of determining the legislative intent.- Drawing conclusions respecting subjects that lie beyond the direct expression of the

text.- It can only be resorted when intrinsic aids have been used and exhausted.

- It utilizes extrinsic aids, which are as follows:a. Contemporaneous Circumstancesconditions existing at the time the law

was enacted; previous state of the law; evils sought to be prevented; customsand languages of the people.

b. Policythe general policy of the law or the settled policy of the state whichinduced the enactment may enlighten the interpreter of the laws as to be theintention of the legislature enacting the same.

c. Legislative History of the Statemay be found in the reports of thelegislative committees in the transcript of the stenographic notes taken duringhearings, investigation and debates.

d. Contemporaneous and Practical Constructionthose who lived near orat the time when the law was enacted were more acquainted of the

conditions why the law was enacted. Their understanding and application ofthe law, especially if the same has been construed by the judicial tribunalsand legal profession, deserve to be considered by the courts.

e. Executive Constructiondeserves great weight and should be respected ifsaid construction has been formed and observed for a long period of time.The rules to remember are as follows:

Congress is deemed to have been aware of the contemporaneousand practical construction made by the officers charged with theadministration of and enforcement of the law.

The court should respect that contemporaneous construction except ifit is clearly erroneous.

Executive construction has more weight if it is rendered by the Chief

Legal Adviser of the government who can issue opinions to assistvarious departments of the government charged with the duty toadminister the law.

The opinion, however, by the Chief Legal Adviser is subservient to theruling of the judiciary which is in charge of applying and interpretingthe laws.

f. Legislative Constructionentitled to consideration but cannot controlagainst the courts prerogative to decide on what is wrong and rightinterpretation.

g. Judicial Constructionit is presumed that statutes were enacted in thelight of judicial construction that the prior enactment had received.

h. Construction by the Bar and Legal Commentatorsthe meaning publicly

given by the members of the legal profession is a true one and regarded asone that should not be lightly charged.


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


Presumption against Violation of Public PolicyIt is presumed that the legislature designed to favor and foster rather than to contravene

the public policy which is based upon the principles of natural justice, good morals, and thesettled wisdom of the law as applied to the ordinary affairs of life.

Presumption of Knowledge of Existing Laws

In enacting a law, the lawmaking body is presumed to have the full knowledge of existinglaws on the subject. Hence, if there are two laws on the same subject enacted in different dates,the latter law cannot be held to have abrogated the former law unless repugnancy is clear,convincing and irreconcilable.

Presumption of Acquiescence to Judicial ConstructionWhen the court has construed a statute in a particular manner and the lawmaking body

had no move to alter or amend the said statute, it is presumed that the legislature hasacquiesced to that interpretation.

Presumption of JurisdictionA statute will not be construed in such a manner as to oust or restrict the jurisdiction of

the superior courts or to vest a new jurisdiction in them, unless, there are express words or anecessary implication to the effect.

Presumption on Acting within the Scope of AuthorityIt is presumed that the legislature acted within the scope of its authority. If a statute

admits more than one interpretation, one that places the statute outside of the legislativecompetence and one that places the legislative within the limits of legislative competence, thecourt should adopt the latter interpretation.

Presumption against Violation of International LawIt is presumed that a statute is in conformity with the rules and principles of International

Laws, or with treaties duly entered into and accepted by our government. This is in line with

Section 2, Article II of the 1987 Constitution, which provides:Section 2. The Philippines renounces war as an instrument of national policy, adoptsthe generally accepted principles of international law as part of the law of the land, andadheres to the policy of peace, equality, justice, freedom, cooperation and amity with allnations.

Doctrine of Incorporationholds that every state is, by reason of its membership in thefamily of nations, bound by the generally accepted principles of international law.

Doctrine of Transformationholds that an international agreement would be bindingonly upon a state if that state enacts a law specifically making such internationalagreement part and parcel of their laws.


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


General Principles in the Construction of Statutes1. In Pari Materia Rule2. Statutes must be read and construed as a whole.3. Legislative intent must be ascertained from the statute as whole.4. Courts have the duty to reconcile or harmonize the different provisions of the statute,

including the conflicting provisions thereof.

5. As a rule, a statute of latter dates prevails.6. Generalia Specialibus non derogant7. A special law prevails over a general law8. In interpreting re-enacted statutes, the courts will follow the construction which the

statutes previously received.9. In case of adopted statutes, the interpretation of the courts of the state from where it is

adopted should be considered.10. In case of conflict between a common law principle and a statutory provision, the latter

prevails.

Latin Maxims on Construction/Interpretation of Words and Phrases

Doctrine of Last AntecedentRelative and qualifying words, phrases and clauses are to be applied to the word

or phrase immediately preceding and not to others more remote.

Ejusdem GenerisWhere the general term follows the designation of particular things or classes of

persons or subjects, the general term will be construed to include only those things orpersons of the same class, kind or nature as those specifically enumerated.

The purpose of the rule is to give effect to both the particular and the generalwords by treating the particular words indicating the class and the general words asincluding all that is embraced in the said class, although not specifically named by theparticular words. This is justified on the ground that if the legislature intended the general

terms to be used in their unrestricted sense, it would not have made an enumeration ofthe particular subjects but would have also used only general terms.

The principle applies when specific words preceding the general expression areof the same nature. Where if they are of different genre, the meaning of the general wordremains unaffected by its connection with them.(READ: Mutuc vs. COMELEC, November 26, 1970, 36 SCRA 228)

Noscitur a SociisUnder this rule, the meaning of particular terms in a statute may be ascertained

by reference to words associated with or related to them in a statute.Where particular word or phrase in a statute is ambiguous in itself, or is simply

susceptible of various meanings, its true meaning may be made clear and specific by

considering the company of words in which it is found or which it is associated.Where there are two or more words of ambiguous meaning together in a statute,

they are understood to be used in their cognate sense to express the same relations andgive color and expression to each word.

Where a law does not define a word therein, it will be construed as having ameaning similar to that of words associated or accompanied by it.(READ: Caltex vs. Palomar, September 29, 1966, 18 SCRA 247)


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


Casus OmisusUnder this rule, the words or phrases may be supplied by the courts and inserted

in a statute where that is necessary to eliminate repugnancy and inconsistency in thestatute and to complete the sense thereof, and to give effect to the intention of thelegislature manifested therein. The rule is especially applicable where such application isnecessary to prevent the law from becoming a nullity. This rule is also used to supply

omissions occasioned by clerical errors, by accident or inadvertence.

Casus Omisus Pro Omisso Hebendus EstUnder this rule, a person, object or thing omitted from the enumeration must be

held to have been omitted intentionally. The maxim can operate when the omission hadbeen clearly established.

Verba Legis (Plain Language Rule)If the statute is clear, plain and free from ambiguity, it must be given its literal

meaning and applied without attempted interpretation.The language of the statute affords the best means of its exposition and

legislative intent must be determined primarily therefrom. It is the courts duty to give the

statute the interpretation called for by its language. The court may not speculate as tothe probable intent of the legislature apart from the words. Popular clamor as to theenforcement of a law adds nothing to, and detracts nothing from the duty of the court toconstrue the law as it is. The law may sometimes be harsh, but if it is so written andintended by the legislature, the courts have no recourse but to apply it.(READ: Daoang vs Municipal Judges of San Nicolas, Ilocos Norte, March 28, 1988, 159SCRA 369)

Verba Legis Non Est RecedendumFrom the words of a statute there should be no departure.

Absolute Sentencia Expositore Non IndigetWhen the language of the law is clear, no explanation of it is required.

Generalia Verba Sun Generaliter IntelligenciaWhat is generally spoken shall be general understood.

Dura Lex Sed Lex (The law may be harsh but that is the law)The reason for the rule is that the legislature must be presumed to know the

meaning of the words, to have used the words advisedly and to have expressed itsintent by the use of such words as are found in the statute.


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COLLEGE OF LAW


Ratio Legis (Interpretation according to spirit)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 statutemay be extended to cases which are not included within the literal meaning of the words,if such case is within the reason for the statute. And the cases within the letter of the lawbut not within the spirit thereof are not within the statute. No reason, however, may be

imputed to the legislature, which is not supported by the fact of the law itself. Indetermining the reason for the law, recourse may be had to the preamble or applicablewhere adherence to the latter would lead to absurdity, injustice, contradiction or defeatthe plain purpose of the act. Apparent inaccuracies did and mistakes in the mereverbiage or phraseology will be overlooked to give effect to the spirit of the law.

Ratio Legis Est AnimeThe reason of the law is its soul.

Cessante Ratione (Legis) Cessat Ipsa LexWhen the reason for the law ceases, the law also ceases to exist.

Mens LegilatoresThe courts look into the object to be accomplished, the evils and mischief to be

remedied or the purpose to be observed. The court should give the statute a reasonableor liberal construction which will best effect its purpose rather than one which will defeatit even though such construction is not within the strict literal interpretation of the statute.

The court should give the statute a reasonable or liberal construction which willbest effect its purpose rather than one which will defeat it.

Statutes must be construed to avoid injustice.

Reddendo Singula Singulis (Let each be put in its proper place)Under this principle, where a sentence has several antecedents and several

consequents, they are to be read distributively. The antecedents should be referred totheir appropriate consequents and vice versa.

Each word, phrase or clause must be given its proper connection in order to giveit proper force and effect, rendering none of them useless or superfluous. A transpositionof words and clauses may be resorted to where the sentence or clause is withoutmeaning as it stands.

This is also to be referred to as the doctrine of collocation which literally means,referring each to each.

Expressio Unius Est Exclusio Alterius (Inclusio Unius Est Exclusio Alterius)Mention of one thing implies the exclusion of another.When a statute enumerates the subjects or things on which it is to operate, it is to

be construed as excluding from its effect all those not expressly mentioned.The maxim is only auxiliary rule of statutory construction. It is not of universal

application neither is it conclusive. It should be applied only as a means of discoveringthe legislative intent which is not otherwise manifest and should never be permitted todefeat the plainly indicative purpose of the legislature.

The maxim does not apply when words are mentioned by way of example, or toremove doubts. CASE: ESCRIBANO V. AVILA G.R. No. 30375, September 12, 1978, 85SCRA 245


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COLLEGE OF LAW


Generalia Specialibus Non DerogantA penal law does not nullify a specific law. Special provisions prevail over

general provisions. A special law must be intended to constitute an exception to thegeneral law in the absence of special circumstances forcing a contrary conclusion.

Legis Posteriors Priores Contraries Abrogant

In case of an irreconcilable conflict between two laws of different vintages, thelatter enactment prevails. The rationale is that a latter law repeals an earlier onebecause it is the latter legislative will. It is to be presumed that the lawmaker knew theolder law and intended to change it. In enacting the older law, the legislators cannothave known the newer one and hence could have intended to change what they did notknow. Under the Civil Code, laws are repealed only by subsequent ones.

Optima Statuli Interpretatix Est Ipsum StatutumThe best interpreter of a statute is the statute itself

Ut Res Magis Quam PereatThis means that it is not enough that the statute should be given effect as a

whole but that effect should be given to each of the provisions of the statute.

Pari Matria (Materia) RuleAll statute relating to the same subject, or having the same general purpose,

should be construed together as if they constituted one law. They should be construedand harmonized with the existing law.

Lex Prospicit, Non RespicitThe law looks forward not backwards.

Lex De Futuro, Judex De PrateritoThe law provides for the future, the judge for the past.

Ubi Lex Non Distinguit Nec Nos Distinguire DebemosWhen the law does not distinguish, courts should also not distinguish. Founded

on logic, the rule is corollary of the principle that general words and phrases in a statuteshould ordinarily be accorded their natural and general significance. It requires that thegeneral words and phrases should not be reduced into parts and other partsdistinguished from the other parts so as to justify its exclusion from the operation of thelaw. There should be no distinction in the application of a statute where none isindicated.

Index Animi Sermo Est

Speech is the index of ntention

Interpration Talis In Ambiguis Semper Frienda Est, Ut Eviatur Inconveniens EtAbsurdum

Where there is ambiguity, such interpretation as will avoid inconvenience andabsurdity is to be adopted.


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ATTY. NESTOR MONDOC


COLLEGE OF LAW


Ex Necissitate Legis (Doctrine of Necessary Implication)What is implied in the statute is as much part thereof as that which is expressed.

Every statute is understood, by implication, to contain all such provisions as may benecessary to effectuate its object and purpose.

In Eo Plus Sit, Simper Inest Inest Et Minus

The greater includes the lesser.

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