STATUTORY CONSTRUCTION NOTES

STATUTORY CONSTRUCTION KINDS OF CONSTRUCTION & INTERPRETATION

It is the art or process of discovering and 1. HERMENEUTICS – is the science or art of

expounding the meaning and intention of the authors construction and interpretation.
of the law with respect to its application to a given
case. (Caltex Vs. Palomar) 2. LEGAL HERMENEUTICS – is the systematic
body of rules which are recognized as
It is an art of seeking the intention of the
applicable to the construction and
legislative in enacting a statute and applying it to a
interpretation of legal writings.
given state of facts.

Note: The basic canon of statutory interpretation is

Note: Construction and interpretation of law come
the word used in the law must be ordinary meaning,
only after it has been demonstrated that application
unless a contrary intent is manifest from the law
is impossible and/or inadequate without them.
itself.
POWER TO CONSTRUE AND ITS LIMITATION
NATURE OF THE RULES OF STATUTORY (Duty of the courts to construe and interpret the law)
CONSTRUCTION

General rule: Is to effectuate the intent of the 1. There must be an actual case or controversy
legislature which basically requires the courts to give 2. There is ambiguity in the law involved in the
the statutory language, its usual and ordinary controversy.
meaning.
Note:
Fundamental rule: Known as the plain language rule.  AMBIGUITY – exists if reasonable persons
This rule provides that when the statute is clear and can find different meanings in a statute,
ambiguous, there is usually no statutory construction, document, etc.
because the courts presume the legislature meant  A statute is ambiguous if it is admissible of 2
what they wrote in the said statute and courts give or more possible meanings.
effect to the plain meaning of the statute.  If the law is clear and unequivocal, the court
has no other alternative but to apply the law
and not to interpret.
CONSTRUCTION VS. INTERPRETATION
STRICT VS. LIBERAL CONSTRUCTION
CONSTRUCTION

 is a drawing of conclusion that are beyond The doctrine of liberal construction cannot
what the text expresses and says. be applied in the instant petitions, where the law
 It goes beyond what is written in the statute. invoked is clear, unequivocal and leaves no room for
 Uses aids to make sure a given case is to interpretation or construction.
subject to that statute.
The doctrine of strict construction exhibits a
INTERPRETATION preference for the liberty of the subject and in a case
of ambiguity enables the court to resolve the doubt in
 Is a process of discovering the rationale favor of the subject and against the legislature which
behind the statute. has failed to express itself clearly.
 Strives to realize the definition of a word in a
statute when with other words. This statute enacting an offense or imposing
 Maybe considered abstractly or given its a penalty is strictly construed. And this rule serves in
usual meaning. the selection of one when 2 or more constructions are
reasonably open.

BY: MERRY CHONA MARILA-ECHON

 STATUTORY CONSTRUCTION NOTES

Note: The discretionary power of the Court to TAX STATUTES

exercise the liberal application of retirement laws is
not limitless; its exercise of liberality is on a case-to- The law is, therefore, clear that imported
case basis and only after a consideration of the factual fertilizers are exempt from the payment of the tax
circumstances that justify the grant of an exception. only if the same were imported by planters or
farmers directly or through their cooperatives.
"The essence of due process is simply the opportunity
R.A No. 601, as amended “the only possible
to be heard, or as applied to administrative
proceedings, an opportunity to explain one’s side or conclusion is that the imported fertilizers in question
an opportunity to seek a reconsideration of the action are not entitled to the exemption provided by law.”
or ruling complained of.”

The courts have no legislative powers. LABOR STATUTES

In the interpretation and construction of statutes In the interpretation of their provisions,

their sole function is to determine, and, within the labor contracts require the resolution of doubts in
constitutional limits of the legislative power, to give favor of the laborer because of their being imbued
effect to the intention of the legislature. with social justice considerations. This rule of
interpretation is demanded by the Labor Code1 and
The courts cannot read into a statute something the Civil Code.
which is not within the manifest intention of the
legislature as gathered from the statute itself. To It is fundamental that in the interpretation
depart from the meaning expressed by the words of a of contracts of employment, doubts are generally
statute, is to alter the statute, to legislate and not to resolved in favor of the worker.16It is imperative to
interpret. uphold this rule herein.

Article 4. Construction in favor of labor – All doubts

The responsibility for the justice or wisdom of
in the implementation and interpretation of the
legislation rests with the legislature, and it is the
province of the courts to construe, not to make the provisions of this Code, including its implementing
laws. rules and regulations, shall be resolved in favor of
labor.
PENAL STATUTES Article 1702. In case of doubt, all labor legislation and
all labor contracts shall be construed in favor of the
A maxim in statutory construction mandates safety and decent living for the laborer.
that penal statutes should be strictly construed
against the state and liberally in favor of the Note: The burden of proof to show that the
accused. The phrase, truly, may not be a mere cliché employment contract had been validly terminated
but, so also, it is not meant to wrongly shield an pertained to the employer.14 To discharge its burden,
accused from criminal liability. the employer must rely on the strength of its own
evidence.
Courts will not hold one person criminally responsible
for the acts of another, committed without his NATURALIZATION LAWS
knowledge or consent, unless there is a statute
It is not only that the person having the
requiring it so plain in its terms that there is no doubt
employment gets enough for his ordinary necessities
of the intention of the Legislature. Criminal statutes
in life. It must be shown that the employment gives
are to be strictly construed. No person should be
one an income such that there is an appreciable
brought within their terms who is not clearly within
margin of his income over expenses as to be able to
them, nor should any act be pronounced criminal
provide for an adequate support in the event of
which is not clearly made so by the statute.
unemployment, sickness, or disability to work and

BY: MERRY CHONA MARILA-ECHON

 STATUTORY CONSTRUCTION NOTES

thus avoid one's becoming the object of charity or Probation may be granted whether the sentence
public charge." imposes a term of imprisonment or a fine only. An
application for probation shall be filed with the trial
Rule 132, 134 of the Revised Rules on court, with notice to the appellate court if an appeal
Evidence, the court shall consider no evidence which has been taken from the sentence of conviction. The
has not been formally offered. These rules filing of the application shall be deemed a waiver of
shall not apply to land registration, cadastral and the right to appeal, or the automatic withdrawal of
election cases, naturalization and insolvency a pending appeal.
proceedings, and other cases not herein provided
for, except by analogy or in a suppletory character An order granting or denying probation shall not be
and whenever practicable and convenient. appealable.10

Sec. 2 of the Revised Naturalization Law EXPROPRIATION LAW

requiring, among others, that applicant conduct
himself "in a proper and irreproachable manner Expropriation law is taking of a private property or
during the entire period of his residence in the rights by the government for just compensation when
Philippines in his relation with constituted it is for a public purpose. It may be the exercise of
government as well as with the community in which eminent domain powers. The taking of the property
he is living," 13 to strip him of his citizenship without may be with or without the permission of the owner.
going into the other grounds for cancellation
presented by the Solicitor General. The expropriation process usually involves passage of
a resolution by acquiring agency to take the property
PROBATION LAWS (condemnation), including a declaration of public
need
The Probation Law never intended to deny an
accused his right to probation through no fault of his. Courts have no power to control the
The underlying philosophy of probation is one of legislative authority in the exercise of their right to
liberality towards the accused. Such philosophy is not determine when it is necessary or expedient to
served by a harsh and stringent interpretation of the condemn a specific piece of property for public
statutory provisions. purposes. (Adirondack R. Co. vs.New York States, 176
U.S., 335 [44 L. ed., 492].)
As Justice Vicente V. Mendoza said in his dissent in
Francisco, the Probation Law must not be regarded JUDICIAL LEGISLATION
as a mere privilege to be given to the accused only
where it clearly appears he comes within its letter; to Removing a portion of the act manifests
do so would be to disregard the teaching in many changes by broadening its scope to include subject
cases that the Probation Law should be applied in matter or territory which was not included as
favor of the accused not because it is a criminal law enacted.
but to achieve its beneficent purpose.

SECTION 1. Section 4 of Presidential Decree No. 968,

otherwise known as the Probation Law of 1976, is AIDS TO CONSTRUCTION
hereby amended to read as follows:
INTERNAL AIDS – includes preamble, marginal notes
Section 4. Grant of Probation. — Subject to and headings of the relevant statute.
the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and EXTERNAL AIDS – includes legislative history and
upon application at any time of said defendant, surrounding social circumstances, amongst others.
suspend the execution of said sentence and place the And are only resorted to once the internal aids fail to
defendant on probation for such period and upon resolve any ambiguity. (Ex. Speech by a minister who
such terms and conditions as it may deem best. moves a legislation in the parliament.)

BY: MERRY CHONA MARILA-ECHON

 STATUTORY CONSTRUCTION NOTES

ORIGIN OF THE STATUTE 2. SPECIAL LAW – reveals the legislative intent

more clearly and it cannot be repealed,
General rule of statutory construction that
amended or altered by general law.
courts may take judicial notice of the origin and
3. LOCAL LAW – operates over a particular
history of the statutes which they are called upon to
locality.
construe and administer, and of the facts which affect
4. PUBLIC LAW – general classification of law
their derivation, validity and operation (2 Lewis'
5. REMEDIAL STATUTE – provides means or
Sutherland on Statutory Construction, sec. 309).
methods
Where the meaning of a statute or any 6. CURATIVE STATUTE – a form of retrospective
statutory provision is not plain, a court is warranted legislation to correct errors and irregularities
in availing itself of all legitimate aids to ascertain the and to render valid and effective for purpose
true intention; and among them are some extraneous intended.
facts. The object sought to be accomplished exercises 7. PENAL STATUTE – a statute that defines
a potent influence in determining the meaning of not criminal offenses and specify corresponding
only the principal but also the minor provisions of a fines and punishments.
statute. To ascertain it fully the court will be greatly 8. PROSPECTIVE LAW – applicable to cases
assisted by knowing, and it is permitted to consider, which shall occur after enactment.
the mischief intended to be removed or suppressed,
9. RETROSPECTIVE LAW – a law that looks
or the necessity of any kind which induced the
backward or those which affects acts or facts
enactment. If the statute has been in force for a long
period, it may be useful to know what was the that happened before the law.
contemporary construction; its practical 10. AFFIRMATIVE STATUTE – directs the doing of
construction; the sense of the legal profession in an act or declares what shall be done or
regard to it; the course and usages of business which otherwise.
it will affect." 11. MANDATORY STATUTES – requires and not
merely permit a course of action.

CONTEMPORARY CONSTRUCTION
EFFECTIVITY
These statutes happen when there are no actual
controversies questioning the validity of statutes in ARTICLE 2 of Civil Code of the Philippines – Laws
the supreme court, therefore, no stare decisis have shall take effect after fifteen days following the
yet been made.
completion of the publication either the official
If there are judicial interpretations and constructions, gazette or in a newspaper of a general circulation
then the judicial constructions are governing and are in the Philippines, unless it is otherwise provided.
the ones followed by the executive departments once
promulgated by the supreme court. ENROLLED BILL DOCTRINE

This rule is a principle of judicial interpretation of

rules of procedure in legislative bodies. Under
SUBJECTS OF CONSTRUCTION this doctrine, once a bill passes by legislative
CONSTITUTION – is the body of rules and maxims in body and signed into law, the courts assume that
accordance with which the powers of the sovereignty all rules of procedure in the enactment process
are habitually exercised. were properly followed.

STATUTE – is a written law passed and approved by REPEALS OF STATUTE

legislative body of government.
EXPRESS REPEAL – contained in a special
KINDS OF STATUTES provision of subsequent law and/or literally
declared by a new law, either in specific terms.
1. GENERAL LAW – cannot be construed and
affects the community at large.

BY: MERRY CHONA MARILA-ECHON

 STATUTORY CONSTRUCTION NOTES

IMPLIES REPEAL – takes place when the

provisions of subsequent law contain provisions
contrary to law or are incompatible or
inconsistent.

ORDINANCES

It is a piece of legislation or a rule or law enacted

by a municipal authority such as city council or
country commission.

Its purpose is to maintain the public safety,

health, morals, and general welfare.

PRESIDENTIAL DECREES

It is a rule of law issued by the head of state such

as president of a republic or monarch, according
to certain procedures. And it has the force of law.

BY: MERRY CHONA MARILA-ECHON