Statutory Construction-Finals
Interpretation
Intrinsic Aids in Construction and
Interpretation
Intrinsic - means internal or within
Intrinsic Aids - are those aids within the statute.
- It must be emphasized that
intrinsic aids are resorted to ONLY
if there is ambiguity in the statute.
If the language of the statute it
clear and unequivocal, there is no
need to resort to intrinsic aids.
Resorting to Intrinsic Aids
- One must go back to the parts of
the statute, the title, preamble,
context or body of the statute,
chapter and section headings,
punctuation and interpretation
clause.
Rules on resorting to intrinsic Aid:
Title and Subtitle, Text
1. The title of a law is a valuable intrinsic
aid in determining legislative intent
2. The subtitle of the statue can also be
used as an intrinsic aid in determining
legislative intent.
3. Text of the Statute as intrinsic aid.
Preamble
1. The intent of the law as culled from its
preamble and from the situation,
circumstances and conditions it sought
to remedy, must be enforced.
2. Preamble used as a guide in
determining the intent of the lawmaker
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
Extrinsic Aids in Construction and
Extrinsic Aids
- Are existing aids from outside
sources, MEANING outside of the
four corners of the statute.
- If there is any doubt as to the
meaning of the statute, the
interpreter must first find that out
WITHIN the statute. That is, the
interpreter must avail all the
necessary intrinsic aids to
determine the intention of the
legislature. If after availing all the
intrinsic aids and still there remain
some ambiguity in the statute, then
extrinsic aids may be consulted.
- Are resorted to after exhausting all
the available intrinsic aids and still
there remain some ambiguity in the
statute.
Extrinsic Aids resorted to by the courts
are:
1. History of the enactment of the
statute
2. Opinions and rulings of officials of
the government called upon to
execute or implement
administrative laws;
3. Contemporaneous construction by
executive officers
4. Actual proceedings of the legislative
body
5. Individual statements by members
of Congress
6. The author of the law
7. Explanatory note of the bill
 *other sources can be reports and
recommendations of legislative
committees; public policy; judicial
construction; and construction by the
bar.
5. In case of doubt as to what a
provision of a statute means, the
meaning put to the provision during
the legislative deliberations may be
adopted

Rules: 6. Individual statements by members

1. It is a well-accepted principle that of Congress on the floor do not
where a statute is ambiguous, necessarily reflect legislative intent.
courts may examine both the
printed pages of the published Act
as well as those extrinsic matters 7. Courts may resort to the
that may aid in construing the explanatory note to clarify the
meaning of the statute, such as the ambiguous and ascertain the
history of its enactment, the purpose and intent of the statute.
reasons for the passage of the bill
and purposes to be accomplished
by the measure.

2. Opinions and rulings of officials of

the government called upon to
execute or implement
administrative laws command much
respect and weight.

3. Contemporaneous construction
placed upon a statute by executive
officers charged with implementing
and enforcing the provisions of the
statutes should be given controlling
weight, unless such interpretation is
clearly erroneous.

4. Courts may avail themselves of the

actual proceedings of the legislative
body to assist in determining the
construction of a statute of
doubtful meaning.

Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014

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, as has been
aptly asserted, its operation must
be confined to cases coming clearly
within the letter of the statutes as
well as within its spirit or reason.
- but the rule of strict construction is
NOT applicable where the meaning
of the statute is certain and
unambiguous, for under these
circumstances, there is no need for
construction.
On the other hand, there are many statutes
which will be liberally construed.
- The 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,
although, of course, the statute can
under no circumstances be given a
meaning inconsistent with, or
contrary to the language used by
the legislators.
- Any matter reasonably within the
statute’s meaning may be included
within the statute’s scope unless
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
the language necessarily excludes
it.
Sutherland lists some guidelines on
whether a statute or some of its
provisions should be liberally or
strictly construed such as:
1. The former law on the matter
2. Persons or rights with which it
deals
3. Letter or language of the law
4. Purpose and objects of the
statute
*in our jurisdiction, some of our laws expressly
provide whether the construction should be
liberally or strictly interpreted.
Penal Statutes
- It is a well-entrenched rule that
penal laws are to be construed
strictly against the state and in
favor of the accused.
- They are NOT to be extended or
enlarged by implications,
intendments, analogies or equitable
considerations.
- They are NOT to be strained by
construction to spell out a new
offense, enlarge the field of crime
or multiply felonies.
- In the interpretation of a penal
statute, the tendency is to subject it
to careful scrutiny and to construe
it with such strictness as to
safeguard the rights of the accused
- That which operates in favor of a
party accused under its provisions is
to be preferred.
 - The principle is that 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.
Rules:
1. Penal Statutes should be construed and
strictly against the State and in favor of
the accused
2. Penal laws are construed liberally in
favor of the accused
Tax Laws
- the power to tax is an incident of
sovereignty and is unlimited in its
range, acknowledging in its very
nature no limits, so that security
against its abuse is to be found only
in the responsibility of the
legislature which imposes the tax
on the constituency who are to pay
it.
- Our Constitution for instance,
provides that the rule of taxation
shall be uniform and equitable and
Congress shall evolve a progressive
system of taxation.
- “power to tax involves the power to
destroy”
- The power to tax is primarily vested
in Congress but may be exercised
by local legislative bodies, no longer
merely by virtue of a valid
delegation as before, but pursuant
to direct authority conferred by Sec.
5, Article 10 of the Constitution.
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
Rules:
1. In case of doubt, tax statutes 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.
2. As a rule, 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 devoid of judicial
addition or subtraction
3. Tax exemption must be strictly
construed against the taxpayer and
liberally in favor of the State.
4. Statutes granting tax exemptions must
be construed in strictissimi juris against
the taxpayer and liberally in favor of the
taxing authority. In construing a statute,
it is the duty of the courts to seek the
real intent of the legislature, even if, by
doing so, they may limit the literal
meaning of the broad language.
5. Naturalization laws should be rigidly
enforced and strictly construed in favor
of the government and against the
applicant
Insurance Law
- Contracts of Insurance are to be
construed liberally in favor of the
insured and strictly against the
insurer
Labor and Social Legislations
- The liberal construction and
interpretation of labor laws may
not be applied where the pertinent
 provisions of the Labor Code and
PD 626 are clear and leave no room
for interpretation
Rules:
1. The official agents charged by law to
implement social justice guaranteed by
the Constitution should adopt a liberal
attitude in favor of the employees in
deciding claims for compensability.
2. Doubts in interpretation of Workmen’s
Compensation and Labor Code should
be resolved in favor of the worker.
3. Basically, social legislation is liberally
construed.
4. 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.
Retirement laws
- Liberally interpreted in favor of the
retiree because the intention is to
provide for the retiree’s
sustenance and comfort, when he
is no longer capable of earning his
livelihood
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
An election contest, unlike an
ordinary action, is imbued with
public interest since it involves not
only the adjudication of the private
interest of rival candidates but also
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
the paramount need of dispelling
the uncertainty which beclouds the
real choice of the electorate with
respect to who shall discharge the
prerogatives of the office within
their gift.
Prospective and Retrospective
Statutes
-A statute which operates upon acts
and transaction which have not
occurred when the statute takes
effect, that is which regulates the
future, is a prospective statute.
-A retrospective/retroactive law is
one which 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.
-when we speak of prospective and
retrospective statutes, we look
forward more in its application or
operation rather than its
construction and interpretation
-Law shall have no retroactive
effect, unless the contrary is proven
(Art. 4 NCC)
-Retroactive legislation is looked
upon with disfavor, as a general
rule and properly so because of its
tendency to be unjust and
oppressive.
Laws impairing vested rights are not
given retrospective application.
Penal Statutes
- Are applied prospectively
- Felonies and misdemeanors are
punished under the laws in force at
the time of their commission
- HOWEVER, it can be given a
retroactive effect if it is favorable
to the accused who is not a habitual
criminal (Art 22, RPC)
Procedural Laws Are Retrospective
- It is a well-settled rule that statutes
regulating the procedure of the
Court will be construed as
applicable to actions pending and
undetermined at the time of their
passage.
- Procedural laws are retrospective in
that sense and to that extent.
- HOWEVER, Rules of procedure
should not be given retroactive
effect if it would result in great
injustice and impair substantive
right
Curative statutes
- Are those which 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
or failure to comply with some
technical requirement.
- They are therefore, necessarily
RETROACTIVE in their character.
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
Rules:
1. The question of whether a statute
operates retrospectively or only
prospectively depends on the legislative
intent.
2. As a rule, 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.
3. 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
retrospective effect is expressly
declared or is necessarily implied from
the language used.
4. Laws should only be applied
prospectively unless the legislative
intent to give them retroactive effect is
expressly declared or is necessarily
implied from the language used.
5. Penal laws shall have a retroactive
effect insofar as they favor the person
guilty of a felony who is not a habitual
criminal.
6. Insofar as RA No 8294 is not beneficial
to the accused because it unduly
aggravates the crime, such new law will
not be given retroactive application,
lest it acquire the character of an ex
post facto law.
7. Procedural laws are retrospective.
8. Statutes regulating the procedure of
the Courts will be construed as
applicable to actions pending and
undetermined at the time of their
passage.
 9. Sec 1, Rule 39 of the 1997 Revised Rules
of Procedures should not be given
retroactive effect in this case as it
would result to great injustice to
petitioner.
10. Procedural provisions of the Local
Government Code are retrospective
11. Curative statutes are validly accepted in
this jurisdiction subject to the usual
qualification against impairment of
vested rights.
12. Curative statutes have retrospective
effect.
13. The beneficent provision of RA 7659
(Heinous Crimes Law) shall be given
retrospective effect
Conflicting Statutes
- A provision or section in an earlier
chapter contradicts a provision or
section in a later chapter of the
statute.
- The statute must be construed as a
whole if this situation arises.
General and Special Statutes
- It is a principle of legal
hermeneutics that in interpreting a
statute or set of rules, care should
be taken that every part thereof be
given effect on the theory that it
was enacted as an integrated
measure and not as a hodge-podge
of conflicting provisions.
- A construction that would render a
provision inoperative should be
avoided; apparently inconsistent
provisions should be reconciled
whenever possible as parts of
coordinated and harmonious
whole.
Statutes in Pari Materia
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
- Pari Materia: Statutes relate to the
same subject matter, or to the
same class of persons or things, or
have the same purpose or object.
- These are to be construed
together, each legislative act is to
be interpreted with reference to
other acts relating to the same
matter or subject.
- If statutes of EQUAL theoretical
application to a particular case
cannot be reconciled, the statute of
later date must prevail being a later
expression of legislative will.
- If reasonable construction is
possible, the law must be
reconciled in that matter.
- Repeal of laws by implication are
not favored, and the mere
repugnancy nbetween two statutes
should be very clear to warrant the
Court in holding that the later in
time repeals the other.
- Duty of the Court if possible to give
effect to both.
- If both statutes are irreconcilable,
the general statute MUST give way
to the special or particular
provisions as an exception to the
general provisions. This is even if
the general statute is a later
enactment of the legislature and
broad enough to include the cases
in special law unless there is
manifest intent to repeal or alter
the special law.
- Such as when the later general law
contains a repealing clause which
indicates clearly the legislative
 intent to repeal all prior
inconsistent laws on the subject
matter, then the aforesaid rule no
longer applies.
Statute and Ordinance
- If both statue and ordinance can
stand together, effect should be
given to both.
- If there is conflict, ordinance must
give way.
Rules:
1. In case of conflict between the previous
article and later article, the latter will
prevail.
2. 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 expression of
legislative will.
3. 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.
- Every effort must be exerted to
avoid a conflict between statutes. If
reasonable construction is possible,
laws must be reconciled in that
manner.
- Repeal of laws by implication are
not favored, and the mere
repugnancy between 2 statues
should be very clear to warrant the
court in holding that the later in
time repeals the other.
4. A special law must be intended to
constitute an exception to the general
law in the absence of special
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
circumstance forcing a contrary
conclusion
- It is a basic tenet in statutory
construction that between a
general law and a special law, the
special law prevails. (Generalia
Specialibus Non Derogat). The
reasons for this is that the
legislature, in passing a law of
special character, considers and
makes special provisions for the
particular circumstances dealt with
by the special law.
5. The rule is that a special and local
statute applicable to a particular case is
not repealed by a later statue which is
general in its terms, provisions and
application even if the terms of the
general act are broad enough to include
the cases in the special law unless there
is manifest intent to repeal or alter the
special law.
6. It is a well-settled rule that a
substantive law cannot be amended by
procedural law.
7. A general law cannot repeal a special
law.
- A general law cannot repeal a
special law by mere implication.
The repeal must be express and
specific.
8. In case of conflict between a general
provision of a special law and a
particular provision of a general law,
the latter should prevail.
9. When there is irreconcilable
repugnancy between a proviso and the
body of the statute, the former prevails
as latest expression of legislative intent.
 10. Whenever there is a conflict between make it invalid and illegal, the latter
an ordinance and a statute, the interpretation should be adopted.
ordinance must give way.
11. Where a special statute refers to a In case of conflict between an administrative
order and the provisions of the Constitution,
subject in general, which the general
statute treats in particular, the the latter prevails.
provision of the latter, in case of - the fundamental rule in
conflict, will prevail. administrative law is that, to be
12. Ordinance should not contravene a valid, administrative rules and
statute. In case of conflict between an regulations must be issued by
ordinance and a statute, the latter will authority of a law MUS NOY
prevail. contravene the provisions of the
13. It is a basic rule in statutory Constitution.
construction that the enactment of a
later legislation which is a general law Restatement of the Rule
cannot be construed to have repealed a
- it is always presumed that the
special law.
legislature, in drafting and enacting
- The special statute should prevail
any particular statute, had full
since it evinces the legislative intent
knowledge and took full cognizance
more clearly than the general
of all existing laws on the same
statute. The special law is to be
subject or relating thereto.
taken as an exception to the
- When confronted with apparently
general law in the absence of
conflicting statutes should
special circumstance forcing a
endeavor to reconcile the same
contrary conclusion.
instead of declaring the outright
- Implied repeals are not favored,
invalidity of one against the other.
and as much as possible, effect
must be given to all enactments of Construction and Interpretation of the
the legislature. Constitution
- A special law cannot be repealed,
amended or altered by a Rules:
subsequent general law by mere
1. All provisions of the Constitution are
implication.
self-executing (Manila Prince Hotel vs
14. It is elementary in statutory
GSIS)
construction that an administrative
- A provision which lays down a
circular cannot supersede, abrogate,
general principle, such as those
modify or nullify a statute. A statute is
found in Article II of the 1987
superior to an administrative circular,
Constitution, is usually not self-
thus the latter cannot repeal or amend
executing.
it.
- In case of doubt, the Constitution
15. Where the instrument is susceptible of
should be considered self-executing
two interpretations, one which will

Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
 rather than non-self -executing.
Unless the contrary is clearly
intended, the provisions of the
Constitution should be considered
as self-executing, as a contrary rule,
would give the legislative discretion
to determine when or whether,
they shall be effective.
- In the grant of rights, privileges and
concessions covering national
economy and patrimony, the State
shall give preference to qualified
Filipinos
2. Prohibitory provisions given literal and
strict interpretation
- A foolproof yardstick in
constitutional construction is the
intention underlying the provision
under consideration. It has been
held that the Court, in construing a
Constitution should bear in mind
the object sought to be
accomplished by its adoption, and
the evils, if any, sought to be
prevented or remedied.
o A doubtful provision will be
examined in the light of the
history of the times, and
the condition and
circumstances under which
the Constitution was
framed. The object is to
ascertain the reason which
induced the framers of the
Constitution to enact the
particular provision and the
purpose sought to be
accomplished.
Fontanilla, S.J. G., Statutory Construction, 1C, Judge Noli C. Diaz, 2014
- It is a well-established rule in
constitutional construction that not
one provision of the Constitution is
to be separated from all others
o To be considered alone, but
that all the provisions
bearing upon a particular
subject are to be brought
into view and to be
interpreted as to effectuate
the GREATER purposes of
the instrument.
o Sections bearing on a
particular subject should be
considered and interpreted
together as to effectuate
the whole purpose of the
Constitution, and one
section is not to be allowed
to defeat another, if by any
reasonable construction,
the two can be made to
stand together.
- While it is permissible to consult
the debates and proceedings of the
constitutional convention in order
to arrive at the reason and purpose
of the resulting Constitution, resort
thereto may be had only WHEN
other guides fail as said
proceedings are POWERLESS to vary
the terms of the Constitution when
the meaning is clear.
3. The Constitutional Provision on Natural-
Born Citizens of the Philippines are
given retroactive effect (page 361 read
case)
 4. The Constitution must be construed in
its entirety as one, single document
(case on page 364)
5. Liberal Construction of one title one
subject rule (case is on page 368 Tobias
et al. vs Abalos)
6. Resignation of the President under the
1987 Constitution is not governed by
any formal requirement as to form. It
can be Oral. It can be Written. It can be
Express. It can be Implied. (Estrada vs
Arroyo)
- Justice Jose Vitug in concurring
opinion: ” ”abandonment of office”
is a specie of resignation, and it
connotes the giving up of the office
although not attended by the
formalities normally observed in
resignation. Abandonment may be
effected by a positive act or can be
the result of an omission, whether
deliberate or not.”
7. The One-year residency requirement
for Congressional Candidate under Sec
6 Article 6 liberally and equitably
construed to give fullest effect to
manifest the will of the people
(Fernandez vs House of Rep.)
- The Court stressed that the law
does not require persons to be in
their home 24-hours a day, seven
days a week to fulfill the residency
requirement and exercising their
rights of ownership thereto in other
places aside from the address they
had indicated in their place of
residence in their COC.
8. Special provision prevails over a general
one. (VFA)
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9. The power to promulgate rules of
pleading, practice, and procedure is
now the Court’s exclusive domain and is
no longer shared by this Court with
Congress, much less Executive ( In Re:
Petition for Recognition of the
Exemption of the GSIS from Payment of
Legal Fees)
10. Suprema Lex
- The Constitution is the Supreme
Law of the Land. Law of all laws.
- If there is conflict between a statute
and the Constitution, the statute
shall YIELD to the Constitution.
- Our civil code is explicit on this
matter.
- When the Courts declare a law to
be inconsistent with the
Constitution, the former shall be
void and the latter shall govern. It
further adds that administrative or
executive acts, orders and
regulations shall be valid only when
they are not contrary to the laws or
the Constitution (Art 7, NCC)
- A basic precept in Statutory
Construction is that a statute
should be interpreted in harmony
with the Constitution
11. Stare Decisis
- The principle of stare decisis is a
sound doctrine for purposes of
stability, this, however should not
be followed when there is patent
error in judgment. Such precedent
should be abandoned and
discarded.