STATUTORY CONSTRUCTION, DEFINED
-the art or process of discovering and
expounding the meaning and intention of the
authors of the law with respect to its
application to a given case (Caltex v Palomar)
-the art of seeking the intention of the
legislature in enacting a statute and applying it
to a given state of facts (Justice Martin)
-Interpretation the art or process of
discovering or expounding on the intended
signification of the language used, that is, the
meaning which the authors of the law designed
it to convey to others (Black, Construction and
Interpretation of the Laws)
-Any branch of the law dealing with the
interpretation of law enacted by the legislature
(American Jurisprudence)
JUDICIAL FUNCTION
-required when a statute is invoked and
different interpretations are in contention.
-where legislature attempts to do several things
one of which in invalid, it may be discarded if
the remainder of the act is workable and in no
way depends upon the invalid portion, but if
that portion is an integral part of the act, and its
excision changes the manifest intent of the act
by broadening its scope to include subject
matter or territory which was not included
therein as enacted (Ettinger v Studevent)
CONSTRUCTION v INTERPRETATION
CONSTRUCTION
-drawing of conclusions with respect to subjects
that are beyond the direct expression of the
text from elements known and given in the text
-the court will resort to this when it goes
beyond the language of the statute and seeks
the assistance of extrinsic aids in order to
determine whether a case falls within the
statute
-goes beyond the written text and may call in
the aid of extrinsic considerations
-drawing of conclusions, respecting subjects
that lie beyond the direct expressions of the
text, from elements known from and given in
the text; conclusions which are in the spirit,
though not within the letter, of the text.
INTERPRETATION
-process of discovering the true meaning of the
language used
-the court will resort to this when it endeavors
to ascertain the meaning of a word in a statute,
which when considered with the other words in
the statute, may reveal a different meaning
from that apparent when the word is
considered abstractly or when given its usual
meaning
-limited to exploring the written text
-art of finding out the true sense of any form of
words, that is, the sense which their author
CJCAYLAO
intended to convey, and of enabling others to
derive from them the same idea which the
author intended to convey (Dr. Leiber)
DUTY OF THE COURTS TO CONSTRUE AND
INTERPRET THE LAW
Provided the two requisites concur:
1. There must be an actual case of
controversy, case is brought to court by
party litigants to hear and settle their
disputes
2. There is ambiguity in the law involved in
the controversy; the law involved is
susceptible to two or more
interpretations
AMBIGUITY exists if reasonable persons
can find different meanings in a statute,
document, etc.; condition of admitting
2 or more meanings, of being
understood in more than one way, or
of referring to 2 or more things at the
same time; if a statute is admissible to 2
or more possible meanings the Court
is called upon to exercise one of its
judicial functions, to interpret the law
according to its true intent; the Court
cannot shy away from applying the law
when no interpretation is needed no
matter how harsh the law may be (Dura
Lex Sed Lex)
Where the law speaks in clear and categorical
language, there is no room for interpretation,
vacillation, or equivocation, there is room only
for application.
When the law is clear, it is not susceptible of
interpretation. It must be applied regardless of
who may be affected, even if the law may be
harsh or erroneous.
The first and fundamental duty of the Court is
to apply the law.
The duty of the Courts is to apply the law
disregarding their feeling of sympathy or pity
for the accused.
DURA LEX SED LEX
The law is harsh but it is the law.
It follows from the principle of the rule of law
that even draconian laws must be followed and
enforced; if one disagrees with the result, one
must seek to change the law.
Hermeneutics the science or art of
construction and interpretation
Legal Hermeneutics the systematic body of
rules which are recognized as applicable to the
construction and interpretation of legal writings
(Blacks Legal Dictionary)

STATUTES
LEGISLATIVE PROCEDURES
Legislative Department power to make laws
Executive Department power to enact laws
Judicial Department power to interpret laws
BILL draft of a proposed law from the time of
its introduction in a legislative body through all
the various stages in both houses
ACT term after a bill has been acted on and
passed by the legislature
STATUTE LAW broader in meaning since it
includes not only statute but also judicial
interpretation and application of the enactment
HOW DOES A BILL BECOMES A LAW
1. A member of the NA shall introduce it
to the Secretary of the NA who shall
calendar it for the 1st Reading
2. 1st Reading the bill shall be read by its
number and title only
3. The bill is referred to the Speaker of the
appropriate Committee for the conduct
of public hearings. The committee shall
decide WON to report it favorably or
whether a substitute bill should be
considered
If not favorable, it shall be considered
dead.
4. If favorable, the bill is returned to the
NA and shall be calendared for the 2nd
reading.
5. 2nd Reading the bill shall be read in its
entirety.
6. The bill is set for open debates where
amendments and insertions to the bill
shall be proposed
7. After approval in 2nd reading and 3 days
before the final passage, it will be
printed in copies in its final form and
shall be distributed to the members of
the NA, unless the Pres certifies in
writing the necessity of the immediate
enactment should there be public
calamity of emergency
8. It shall be calendared then for the 3rd
reading; no amendment shall be
allowed; only the title of the bill shall be
read and the members will vote should
there be a quorum
If a NO vote wins, the proposed bill is
dead
If YES vote wins, it will be passed to the
other house and shall undergo the same
process of the three readings; if there is
variance in the proposed bill, it may
pass through a Bicameral Conference
Committee which can introduce
amendments to suit both houses
CJCAYLAO
9. After it has been finally passed, it will be
submitted to the Pres for approval. He
shall sign it or veto it. If vetoed, it will
be returned to NA , and if approved by
2/3s of all its members, it will become a
law.
CONSTITUTIONAL TEST
1. One-title One-subject
2. Three readings and no amendment
rules
3. Executive approval and veto power
PARTS OF A STATUTE
Title, Preamble, Enacting Clause, Body,
Repealing Clause, Saving Clause, Separability
Clause, Effectivity Clause
KINDS OF STATUTES - GSLPPRCPPRAM
General Law, Special Law, Local Law, Public Law,
Private Law, Remedial Statute, Curative Statute,
Penal Statute, Prospective Law, Retrospective
Law, Affirmative Statute, Mandatory Statute
CONCEPT OF VAGUENESS
Vague lacks comprehensible standards that
men of common intelligence must necessarily
guess at its meaning and differ as to its
application
Repugnant to the Consti in 2 respects:
1. Violates due process for failure to
accord persons, especially the parties
targeted by it, fair notice of the conduct
to avoid
2. Leaves law enforcers unbridled
discretion in carrying out its provisions
and become an arbitrary flexing of the
Government muscle
-The language conveys a sufficiently definite
warning as to the prescribed conduct when
measured by common understanding and
practice
IMPLIED OR EXPRESS REPEAL
EXPRESS
Abrogation or annulling of a previously
existing law by the enactment of a
subsequent statute which declares that the
former law shall be revoked or abrogated
IMPLIED
When a later statute contains provisions so
contrary to or irreconcilable with those of
the earlier law that only one of the two
statutes can stand in force
ORDINANCE an act passed by the local
legislative body in the exercise of its law-
making authority
 TEST OF VALID ORDINANCE
1. It must not contravene the Consti or
any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but regulate trade
5. It must be general and consistent with
public policy
6. It must not be unreasonable
BASIC GUIDELINES IN THE CONSTRUCTION AND
INTERPRETATION OF LAWS
LEGISLATIVE INTENT determined principally
from the language of the statute; where the
language is clear and unambiguous, the law is
applied according to its express terms, and
interpretation would only be resorted where a
literal interpretation would be wither
impossible or absurd or would lead to injustice
-the object of all interpretation and
construction of statutes it to ascertain the
meaning and intention of the legislature, to the
end that the same nay be enforced
LEGISLATIVE INTENT IS DETERMINED
PRINCIPALLY FROM THE LANGUAGE OF THE
STATUTE.
A. VERBA LEGIS (PLAIN MEANING RULE)
-statute must be interpreted literally
-if the language of the statute is plain and free
from ambiguity, and expresses a single, definite
and sensible meaning, that meaning is
conclusively presumed to be the meaning which
the legislature intended to convey.
-even though the court should be convinced
that some other meaning was really intended
by the law-making power, and even though the
literal interpretation should defeat the very
purposes of the enactment, still the explicit
declaration of the legislature is the law, and the
courts must not depart from it
PLAIN MEANING OR VERBAL LEGIS RULE
If the statute is clear, plain and free from
ambiguity, it must be given its literal meaning
and applied without attempted interpretation
WHEN THE LANGUAGE OF THE LAW IS CLEAR,
IT SHOULD BE GIVEN ITS NATURAL MEANING.
B. STATUTES AS A WHOLE
UT RES MAGISVALEN QUAM PEREAT
Construction is to be sought that which gives
effect to the whole of the statute
-legislative intent must be ascertained from a
consideration of the statute as a whole and not
merely of a particular provision
CJCAYLAO
-effect and meaning must be given to every part
of the statute which is being subjected to the
process of construction to every section,
sentence, clause, phrase and word
-It is not presumed that the legislature has used
any useless words, and because it is a
dangerous practice to base the construction
upon only a part of it, since one portion may be
qualified by other portions.
IN INTERPRETING A STATUTE, CARE SHOULD
BE TAKEN THAT EVERY PART BE GIVEN EFFECT.
Inconsistent provisions should be reconciled
whenever possible as parts of the coordinated
and harmonious whole
C. SPIRIT AND PURPOSE OF THE LAW
RATIO LEGIS EST ANIMA
The reason of the law is the soul of the law
When the interpretation of a statute according
to the exact and literal import of its words
would lead to absurd or mischievous
consequences, or would thwart or contravene
the manifest purpose of the legislature in its
enactment, it should be construed according to
its spirit and reason, disregarding or modifying,
the strict letter of the law
A CONSTRUCTION THAT GIVES TO THE
LANGUAGE USED IN A STATUTE A MEANING
THAT DOES NOT ACCOMPLISH THE PURPOSE
FOR WHICH THE STATUTE WAS ENACTED
SHOULD BE REJECTED.
WHEN THE REASON OF THE LAW CEASES, THE
LAW ITSELF CEASES.
D. DOCTRINE OF NECESSARY IMPLICATION
EX NECESSITATE LEGIS
From the necessity of the law
WHAT IS IMPLIED IN A STATUTE IS AS MUCH A
PART THEREOF AS THAT WHICH IS EXPRESSED.
Every statute is understood, by implication, to
contain all such provisions as may be necessary
to effectuate its object and purpose, or to make
effective rights, powers, privileges or
jurisdiction which it grants, including all such
collateral and subsidiary consequences as may
be fairly and logically inferred from its terms.
E. CASUS OMISSUS PRO OMISSO HABENDUS
EST
If a person, object, or thing is omitted from
being enumerated in a statute, it must be held
or considered to have been omitted
intentionally
THE RULE OF CASUS OMISSUS PRO OMISSO
HABENDUS EST CAN OPERATE AND APPLY
ONLY IF AND WHEN THE OMISSION HAS BEEN
CLEARLY ESTABLISHED.
F. STARE DECISIS
FOLLOW PAST PRECEDENTS AND DO NOT
DISTURB WHAT HAS BEEN SETTLED. MATTERS
ALREADY DECIDED ON THE MERITS CANNOT BE
RELITIGATED AGAIN AND AGAIN.
It is against public policy that matters already
decided on the merits cannot be relitigated
again and again, consuming the courts time
and energies of other litigants. (INTERES REI
PUBLICAE UT FINIS SIT LITIUM)
CONSTRUCTION AND INTERPRETATION OF
WORDS AND PHRASES
A.UBI LEX NON DISTINGUIT NEC NOS
DISTINGUERE DEBEMOS
Where the law makes no distinctions, one does
not distinguish. Where the law does not
distinguish, courts should not distinguish.
-a general term or phrase should not be
reduced into parts and one part distinguished
from the other so as to justify its exclusion from
the operation of the law.
WHEN THE LAW DOES NOT MAKE ANY
EXCEPTION, COURTS MAY NOT EXCEPT
SOMETHING UNLESS COMPELLING REASONS
EXIST TO JUSTIFY IT.
GENERAL AND SPECIAL TERMS
General terms to receive a general
construction, unless restrained by the context
or by plain inferences from the scope and
purpose of the act
Special terms may sometimes be expanded to
a general signification by the consideration that
the reason of the law is general.
B. EJUSDEM GENERIS
GENERAL TERMS FOLLOWING SPECIAL TERMS
GENERAL TERMS MAY BE RESTRICTED BY
SPECIFIC WORDS, WITH THE RESULT THAT THE
GENERAL LANGUAGE WILL BE LIMITED BY
SPECIFIC LANGUAGE WHICH INDICATES THE
STATUTES OBJECT AND PURPOSE. THE RULE IS
APPLICABLE ONLY TO CASES WHEREIN, EXCEPT
FOR ONE GENERAL TERM, ALL THE ITEMS IN
AN ENUMERATION BELONG TO OR FALL
UNDER ONE SPECIFIC CLASS.
CJCAYLAO
APPLYING THE RULE IN STATCON KNOWN AS
EJUSDEM GENERIS, THAT IS WHERE GENERAL
WORDS FOLLOW AN ENUMERATION OF
PERSONS OR THINGS, BY WORDS OF A
PARTICULAR, AND SPECIFIC MEANING, SUCH
GENERAL WORDS ARE NOT TO BE CONSTRUED
IN THEIR WIDEST EXTENT, BUT ARE TO BE HELD
AS APPLYING ONLY TO PERSONS OR THINGS
OF THE SAME KIND OR CLASS AS THOSE
SPECIFICALLY MENTIONED.
RULE OF EJUSDEM GENERIS MERELY A TOOL
OF STATUTORY CONSTRUCTION RESORTED TO
WHEN LEGISLATIVE INTENT IS UNCERTAIN.
C. EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS
EXPRESS MENTION AND IMPLIED EXCLUSION
The express mention of one person, thing or
consequence is tantamount to an express
exclusion of all the others.
D. NOSCITUR A SOCIIS
ASSOCIATED WORDS EXPLAIN AND LIMIT EACH
OTHER
When a word used in a statute is ambiguous or
vague, its meaning may be made clear and
specific by considering the company in which it
is found and the meaning of the terms which
are associated with it.
This rule is analogous to that which requires the
words of a statute to be construed with
reference to the subject matter of the act, but is
not identical with it; applies to the case of
several terms grouped together and mutually
qualifying each other.
WHERE A PARTICULAR WORD IS EQUALLY
SUSCEPTIBLE OF VARIOUS MEANINGS, ITS
CORRECT CONSTRUCTION MAY BE MADE
SPECIFIC BY CONSIDERING THE COMPANY OF
TERMS IN WHICH IT IS FOUND OR WITH
WHICH IT IS ASSOCIATED.
E. USE OF NEGATIVE AND AFFIRMATIVE
WORDS
NEGATIVE WORDS AND PHRASES REGARDED
AS MANDATORY WHILE THOSE IN THE
AFFIRMATIVE ARE MERE DIRECTORY.
F. USE OF PERMISSIVE WORDS AND
IMPERATIVE WORDS
USE OF WORD MAY IN THE STATUTE
GENERALLY CONNOTES A PERMISSIBLE THING
WHILE THE WORD SHALL IS IMPERATIVE.
THE WORD MUST IN A STATUTE LIKE
SHALL IS NOT ALWAYS IMPERATIVE AND
MAY BE CONSISTENT WITH AN EXERCISE OF
DISCRETION.
G. CONJUNCTIVE AND DISJUNCTIVE WORDS
Use of the word AND and the word OR: should not resort to presumptions
AND IS A CONJUNCTION CONNECTING WORDS
OF PHRASES EXPRESSING THE IDEA THAT THE
LATTER IS TO BE ADDED TO OR TAKEN ALONG
WITH THE FIRST.
-used to denote a joinder or union
OR IS A DISJUNCTIVE PARTICLE USED TO
EXPRESS AS ALTERNATIVE OR TO GIVE A
CHOICE OF ONE AMONG TWO OR MORE
THINGS.
-also used to clarify what has already been said
AND/OR MEANS THAT THE EFFECT SHALL BE
GIVEN TO BOTH THE CONJUNCTIVE AND
AND THE DISJUNCTIVE OR; OR THAT ONE
WORD OR THE OTHER MAY BE TAKEN
ACCORDINGLY AS ONE OR THE OTHER WILL
BEST EFFECTUATE THE PURPOSE INTENDED BY
THE LEGISLATURE AS GATHERED FROM THE
WHOLE STATUTE.
H. COMPUTATION OF TIME
ART 13, NEW CIVIL CODE
YEARS 365 DAYS EACH
MONTHS 30 DAYS
DAYS 24 HOURS
NIGHTS FROM SUNSET TO SUNRISE
IF MONTHS ARE DESIGNATED BY THEIR NAME,
THEY SHALL BE COMPUTED BY THE NUMBER
OF DAYS WHICH THEY RESPECTIVELY HAVE.
IN COMPUTING A PERIOD, THE FORST DAY
SHALL BE EXCLUDED, AND THE LAST DAY
INCLUDED.
A WEEK MEANS A PERIOD OF SEVEN
CONSECUTIVE DAYS WITHOUT REGARD TO THE
DAY OF THE WEEK ON WHICH IT BEGINS.
I. USE OF A PROVISO
-clause or part of a clause in the statute, the
office of which is neither to except something
from the enacting clause, or to qualify or
restrain its generality, or to exclude some
possible ground of misinterpretation of its
extent.
PRESUMPTIONS IN AID OF CONSTRUCTION
AND INTERPRETATION
PRESUMPTIONS
-In construing a statute, the Court will presume
that it was the intention of the legislature to
enact a valid, sensible and just law, and one
which should change the prior law no further
than may be necessary to effectuate the specific
purpose of the act in question.
CJCAYLAO
-If the language of the law is clear, courts
PRESUMPTION AGAINST
UNCONSTITUTIONALITY
LAWS ARE PRESUMED CONSTITUTIONAL
-To justify nullification of a law, there must be a
clear and equivocal breach of the constitution,
not a doubtful and argumentative implication
-A law shall not be declared invalid unless the
conflict with the constitution is clear beyond
reasonable doubt.
ALL LAWS ARE PRESUMED VALID AND
CONSTITUTIONAL UNLESS OTHERWISE RULED
BY THE COURT.
THE BURDEN OF PROVING THE INVALIDITY OF
A LAW RESTS ON THOSE WHO CHALLENGE IT.
PRESUMPTION AGAINST INJUSTICE
IN CASE OF DOUBT IN THE INTERPRETATION
OR APPLICATION OF LAWS, IT IS PRSUMED
THAT THE LAWMAKING BODY INTENDED
RIGHT AND JUSTICE TO PREVAIL.
A LAW SHOULD NOT BE INTERPRETED AS TO
CAUSE AN INJUSTICE.
PRESUMPTION AGAINST IMPLIED REPEALS
-Repeal of laws by implication is not favored
and that the courts must generally assume
their congruent application
IN THE ABSENCE OF AN EXPRESS REPEAL, A
SUBSEQUENT LAW CANNOT BE CONSTRUED AS
REPEALING A PRIOR LAW UNLESS AN
IRRECONCILABLE INCONSISTENCY AND
REPUGNANCY EXIST IN THE TERMS OF THE
NEW AND OLD LAWS.
REPEALS OF STATUTE BY IMPLICATION ARE
NOT FAVORED.
PRESUMPTION AGAINST INEFFECTIVENESS
It is presumed that the legislature intends to
impart to its enactments such as a meaning as
will render them operative and effective, and to
prevent persons from eluding or defeating
them.
IN THE INTERPRETATION OF A STATUTE, THE
COURT SHOULD START WITH THE
ASSUMPTION THAT THE LEGISLATURE
INTENDED TO ENACT AN EFFECTIVE STATUTE.
PRESUMPTION AGAINST ABSURDITY
STATUTES MUST RECEIVE A SENSIBLE
CONSTRUCTION AS WILL GVE EFFECT TO THE
LEGISLATIVE INTENTION SO AS TO AVOID AN
UNJUST OR ABSURD CONCLUSION.
PRESUMPTION AGAINST UNDESIRABLE
CONSEQUENCES WERE NEVER INTENDED BY A
LEGISLATIVE MEASURE.
PRESUMPTION AGAINST VIOLATION OF
INTERNATIONAL LAW
THE PRESUMPTION IS INCONFORMITY WITH
THE DECLARATION OF PRINCIPLES AND STATE
POLICIES IN OUR CONSTITUTION.
It states that the Philippines as democratic and
republican state adopts the generally accepted
principles of international law as part of the law
of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation and
amity with all nations.
INSTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION
-Aids within the statute
-resorted only if there is ambiguity in the
statute
-one must go back to the parts of the statute
THE TITLE OF A LAW IS A VALUABLE INSTRINSIC
AID IN DETERMINING LEGISLATIVE INTENT
The title will immediately reveal to achieve a
special purpose.
TEXT OF THE STATUTE AS INSTRINSIC AID
SUBTITLE OF THE STATUTE AS INTRINSIC AID IN
DETERMINING LEGISLATIVE INTENT
PREAMBLE AS INTRINSIC AID
THE INTENT OF THE LAW AS CULLED FROM ITS
PREAMBLE AND FROM THE SITUTATION,
CIRCUMSTANCES AND CONDITIONS IT SOUGHT
TO REMEDY, MUST BE ENFORCED.
PREAMBLE AS A GUIDE IN DETERMINING THE
INTENT OF THE LAWMAKER
EXTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION
-existing aids from outside sources
-may only be consulted after finding out that
there is still ambiguity after using intrinsic aids
-resorted after exhausting all the available
intrinsic aids
CJCAYLAO
WHERE A STATUTE IS AMBIGUOUS, COURTS
MAY EXAMINE BOTH THE PRINTED PAGES OF
THE PUBLISHED ACT AS WELL AS THOSE
EXTRINSIC MATTERS THAT MAY AID IN
CONSTRUING THE MEANING OF THE STATUTE
SUCH AS THE HISTORY OF ITS ENACTMENT,
THE REASONS FOR THE PASSAGE OF THE BILL
AND PRUPOSES TO BE ACCOMPLISHED BY THE
MEASURE.
OPINIONS AND RULINGS OF OFFICIALS OF THE
GOVERNMENT CALLED UPON TO EXECUTE OR
IMPLEMENT ADMINISTRATIVE LAWS
COMMAND MUCH RESPECT AND WEIGHT.
CONTEMPORANEOUS CONSTRUCTION PLACED
UPON A STATUTE BY EXECUTIVE OFFICERS
CHARGED WITH IMPLEMENTING AND
ENFORCING THE PROVISIONS OF THE STATUTE
SHOULD BE GIVEN CONTROLLING WEIGHT,
UNLESS SUCH INTERPRETATION IS CLEARLY
ERRONEOUS.
COURTS MAY AVAIL THEMSELEVES OF THE
ACTUAL PROCEEDINGS OF THE LEGISLATIVE
BODY TO ASSIST IN DETERMINING THE
CONSTRUCTION OF A STATUTE OF DOUBTFUL
MEANING.
IN CASE OF DOUBT AS TO WHAT PROVISION
OF A STATUTE MEANS, THE MEANING PUT TO
THE PROVISION DURING THE LEGISLATIVE
DELIBERATIONS MAY BE ADOPTED.
INDIVIDUAL STATEMENTS BY MEMBERS OF
CONGRESS ON THE FLOOR DO NOT
NECESSARILY REFLECT LEGISLATIVE INTENT
STRICT AND LIBERAL CONSTRUCTION AND
INTERPRETATION OF STATUTES
-If a statute should be strictly construed,
nothing should be included within the scope
that does not come clearly within the meaning
of the language used. Its language must be
given its exact and technical meaning, with no
extension on account of implications or
equitable considerations, or its operation must
be confined to cases coming clearly within the
letter of the statutes as well as within its spirit
or reason
-rule of strict construction not applicable where
the meaning of the statute is certain and
unambiguous
-liberally construed: meaning of the statute may
be extended to matters which come within the
spirit or reason of the law or within the evils
which the law seeks to suppress or correct
Some laws expressly provide whether the
construction should be liberally or strictly
interpreted:
Labor Code All doubts in the interpretation of
the provision of the code including its
implementing rules and regulations shall be
resolved IN FAVOR OF LABOR.
Local Government Code Any provision on the
power of a local government unit shall be
liberally interpreted in its favor, and in case of
doubt, any question thereon shall be resolved in
favor of the devolution of powers and of the
lower local government unit. Any fair and
reasonable doubt as to the existence of the
power shall be interpreted IN FAVOR OF THE
LGU CONCERNED.
-any TAX ORDINANCE OR REVENUE MEASURE
SHALL BE STRICTLY CONSTRUED AGAINST THE
LOCAL GOVERNMENT UNIT ENACTING IT, AND
LIBERALLY FAVOR OF THE TAXPAYER.
-any TAX EXEMPTION, INCENTVE OR RELIEF
GRANTED BY THE LGU SHALL BE STRICTLY
CONSTRUED AGAINST THE PERSON CLAIMING IT
COMELEC Rules of Procedure liberally
construed to promote the effective and efficient
implementation of the objectives of ensuring
the holding of free, orderly, honest, peaceful
and credible elections
PENAL STATUTES
CONSTRUED STRICTLY AGAINST THE STATE
AND IN FAVOR OF THE ACCUSED.
The acts in and of themselves innocent and
lawful cannot be held to be criminal unless
there is a clear and unequivocal expression of
the legislative intent to make them such.
Whatever is not plainly in the provisions of a
penal statute should be regarded as without its
intendment.
TAX LAWS
IN CASE OF DOUBT, THEY ARE TO BE
CONSTRUED STRICTLY AGAINST THE
GOVERNMENT AND LIBERALLY IN FAVOR OF
THE TAXPAYER, FOR TAXES, BEING BURDENS,
ARE NOT TO BE PRESUMED BEYOND WHAT
THE APPLICABLE STATUTE EXPRESSLY AND
CLEARLY DECLARES.
ANY CLAIM FOR EXEMPTION FROM A TAX
STATUTE IS STRICTLY CONSTRUED AGAINST
THE TAXPAYER. HOWEVER, WHERE THE LAW IS
CLEAR AND UNAMBIGUOUS, THE LAW MUST
BE TAKEN AS IT IS, DEVIOD OF JUDICIAL
ADDITION OR SUBTRACTION.
LABOR AND SOCIAL LEGISLATIONS
CJCAYLAO
DOUBTS IN INTERPRETATION OF WORKMANS
COMPENSATION AND LABOR CODE SHOULD BE
RESOLVED IN FAVOR OF THE WORKER.
-to give relief to the workman and/or his
dependents in the event that the former should
die or sustain an injury
SOCIAL LEGISLATION IS LIBERALLY
CONSTRUED.
THE SYMPATHY OF THE LAW ON SOCIAL
SECURITY IS TOWARDS ITS BENEFICIARIES AND
THE LAW BY ITS OWN TERMS, REQUIRES A
CONSTRUCTION OF UTMOST LIBERALITY IN
THEIR FAVOR.
ELECTION RULES
STATUTES PROVIDING FOR ELECTION
CONTESTS ARE TO BE LIBERALLY CONSTRUED
TO THE END THAT THE WILL OF THE PEOPLE IN
THE CHOICE OF PUBLIC OFFICER MAY NOT BE
DEFEATED BY MERE TECHNICAL OBJECTIONS.
PROSPECTIVE AND RETROSPECTIVE STATUTES
PROSPECTIVE-operates upon acts and
transactions which have not occurred when the
statute takes effect; regulates the future.
RETROSPECTIVE- takes away or impairs vested
rights acquired under existing laws, or creates
new obligations and imposes new duties, or
attaches new disabilities in respect of
transaction already past.
STATUTES OPERATE PROSPECTIVELY ONLY
AND NEVER RETROSPECTIVELY, UNLESS THE
LEGISLATIVE INTENT TO THE CONTRARY IS
MADE MANIFEST EITHER BY THE EXPRESS
TERMS OF THE STATUTE OR BY NECESSARY
IMPLICATION.
Civil Code (ART4):
LAWS HAVE NO RETROACTIVE EFFECT, UNLESS
THE CONTRARY IS PROVIDED.
Retroactive legislation is looked upon with
disfavor, as general rule and properly so
because of its tendency to be unjust and
oppressive.
PENAL STATUTES ARE APPLIED
PROSPECTIVELY. OUR PENAL LAW, THE RPC,
ARE PROSPECTIVE IN OPERATION IN THAT
FELONIES AND MISDEMEANORS ARE
PUNISHED UNDER THE LAWS IN FORCE AT THE
TIME OF THEIR COMMISSION.
EXCEPTION: It can be given retroactive effect if
it is favorable to the accused who is not a
habitual criminal/offender (RPC, Art22)
PROCEDURAL LAWS ARE RETROSPECTIVE.
STATUTES REGULATING THE PROCEDURE OF
THE COURT WILL BE CONSTRUED AS
APPLICABLE TO ACTIONS PENDING AND
UNDETERMINED AT THE TIME OF THEIR
PASSAGE.
Rules of Procedure should not be given
retroactive effect if it would result in great
injustice and impair substantive right.
CURATIVE STATUTES
Undertake to cure errors and irregularities and
administrative proceedings, and which are
designed to give effect to contracts and other
transactions between private parties which
otherwise would fail of producing their
intended consequences by reason of some
statutory disability of failure to comply with
some technical requirement.
CURATIVE STATUTES ARE RETROACTIVE AND
VALIDLY ACCEPTED IN THIS JURISDICTION
SUBJECT TO THE USUAL QUALIFICATION
AGAINST IMPAIRMENT OF VESTED RIGHTS.
LAWS CANNOT BE GIVEN RETROACTIVE EFFECT
IN THE ABSENCE OF A STATUTORY PROVISION
FOR RETROACTIVITY OR A CLEAR IMPLICATION
OF THE LAW TO THAT EFFECT.
ALL STATUTES ARE TO BE CONSTRUED AS
HAVING ONLY A PROSPECTIVE OPERATION
UNLESS THE PURPOSE AND THE INTENTION OF
THE LEGISLATURE TO GIVE THEM A
RETROACTIVE EFFECT IS EXPRESSLY DECLARED
OR IS NECESSARILY IMPLIED FROM THE
LANGUAGE USED.
LAWS SHOULD ONLY BE APPLOED
PROSPECTIVELY UNLESS THE LEGISLATIVE
INTENT TO GIVE THEM RETROCTIVE EFFECT IS
EXPRESSLY DECLARED OR IS NECESSARILY
IMPLIED FROM THE LANGUAGE USED.
STATUTES REGULATING THE PROCEDURE OF
THE COURTS WILL BE CONSTRUED AS
APPLICABLE TO ACTIONS PENDING AND
UNDETERMINED AT THE TIME OF THEIR
PASSAGE.
CONFLICTING STATUTES
Should there be conflict in the provisions and
clauses, the statute must be construed as a
whole. Care should be taken that every part be
given effect, on the theory that it was enacted
as an integrated measure.
Pari Materia statutes which relate oto the
same subject matter or to the same class of
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persons or things, or have the same purpose, or
object.
STATUTES IN PARI MATERIA ARE TO BE
CONSTRUED TOGETHER; EACH LEGISLATIVE
ACT IS TO BE INTERPRETED WITH REFERENCE
TO THE OTHER ACTS RELATING TO THE SAME
MATTER OR SUBJECT.
IN CASE OF CONFLICT BETWEEN THE PREVIOUS
ARTICLE AND THE LATER ARTICLE, THE LATTER
SHALL PREVAIL.
WHENEVER TWO STATUTES OF DIFFERENT
DATES AND OF CONTRARY TENOR ARE EQUAL
THEORETICAL APPLICATION TO A PARTICULAR
CASE, THE STATUTE OF LATER DATE MUST
PREVAIL BEING A LATER EPRESSION OF
LEGISLATIVE WILL.
A SPECIAL LAW PREVAILS OVER A GENERAL
LAW REGARDLESS OF THEIR DATES OF
PASSAGE, AND THE SPECIAL LAW IS TO BE
CONSIDERED AS REMAINING AN EXCEPTION
TO THE GENERAL LAW.
A SPECIAL LAW MUST BE INTENDED TOP
CONSTITUTE AN EXCEPTION TO THE GENERAL
LAW IN THE ABSENCE OF SPECIAL
CIRCUMSTANCES FORCING A CONTRARY
CONCLUSION.
WHEN COURTS ARE CONFRONTED WITH
APPARENTLY CONFLICTING STATUTES, THEY
SHOULD NOT DECLARE OUTRIGHT THE
INVALIDITY OF ONE AGAINST THE OTHER, BUT
SHOULD ENDEAVOR TO RECONCILE THEM.
A GENERAL LAW CANNOT REPEAL A SPECIAL
LAW.
IN CASE OF CONFLICT BETWEEN A GENERAL
PROVISION OF A SPECIAL LAW AND A
PARTICULAR PROVISION OF A GENERAL LAW,
THE LATTER SHOULD PREVAIL.
WHEN THERE IS IRRECONCILABLE
REPUGNANCY BETWEEN A PROVISO AND THE
BODY OF THE STATUTE, THE FORMER PREVAILS
AS LATEST EXPRESSION OF LEGISLATIVE
INTENT.
WHENEVER THERE IS A CONFLICT BETWEEN AN
ORDINANCE AND A STATUTE. THE ORDINANCE
MUST GIVE WAY.
IT IS A BASIC RULE IN STATCON THAT THE
ENACTMENT OF A LATER LEGISLATION WHICH
IS A GENERAL LAW CANNOT BE CONSTRUED
TO HAVE REPEALED A SPECIAL LAW.
STATUTORY CONSTRUCTION AND THE
CONSTITUTION

A constitution is a system of fundamental law

for the governance and administration of a
nation. It is supreme, imperious, absolute and
unalterable except by the authority from which
it emanates.

A PROVISION WHICH IS COMPLETE IN ITSELF

AND BECOMES OPERATIVE WITHOUT THE AID
OF SUPPLEMENTARY OR ENABLING
LEGISLATION, OR THAT WHICH SUPPLIES
SUFFICIENT RULE BY MEANS OF WHICH THE
RIGHT IT GRANTS MAY BE ENJOYED OR
PROTECTED IS SELF-EXECUTING.

A CONSTITUTIONAL PROVISION IS SELF-

EXECUTING IF THE NATURE AND EXTENT OF
THE RIGHT CONFERRED AND THE LIABILITY
IMPOSED ARE FIXED BY THE CONSTITUTION
ITSELF, SO THAT THEY CAN BE DETERMINED BY
AN EXAMINATION AND CONSTRUCTION OF ITS
TERMS, AND THERE IS NO LANGUAGE
INDICATING THAT THE SUBJECT IS REFERRED
TO THE LEGISLATURE FOR ACTION.

SPECIAL PROVISION PREVAILS OVER A

GENERAL ONE.

SUPREMA LEX
The Constitution is the Supreme Law of the
land. It is the law of all laws. If there is conflict
between a statute and the Constitution, the
statute shall yield to the Constitution.

When the courts declare a law to be

inconsistent with the Constitution, the former
shall be void and the latter shall govern.
Administrative acts, executive acts, orders and
regulations are valid only when they are not
contrary to the laws or the Constitution.

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