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Part I – Introduction to Statutory Construction (Preliminary Considerations)

1. Definition of Statutory Construction

Caltex v. Palomar,  G.R. No. L-19650, September 29,  1966 

2. Hermeneutics and Legal Hermeneutics

3. Legis interpretatio legis vim obtinet 

People v. Jabinal, G.R. No. L-30061, February 27, 1974
Pesca v. Pesca, G.R. No. 136921, April 17, 2001
4. When is there room for interpretation or construction?
Songco v. NLRC, GR L-50999 March 23, 1990
  Amores v. HRET, GR 189600, June 29, 2010

5. Distinction Between Interpretation and Construction

6. Classes of interpretation according to Dr. Francis Lieber

7. Intrinsic or internal aids in Statutory Interpretation

8. Extrinsic or External aids in Statutory Construction

9. Situs of Construction and Interpretation

10. When can Courts Construe or Interpret the Law?

RCBC v. IAC, G.R. No. 74851, December 9, 1999

11. When courts need not resort to interpretation or construction

Go Ka Toc Sons v. Rice and Corn Board, G.R. No. L-23607, May 23, 1967

People v. Mapa, G.R. No. L-22301, August 30, 1967

Luzon Surety v. De Garcia, G.R. No. L-25659, October 31, 1969

12. Punctuation and Grammar: An Aid to Interpretation and Construction

US v. Hart, G.R. No. L-8848 November 21, 1913

13. Statutory Construction vis-a-vis Judicial Legislation

Floresca v. Philex Mining, G.R. No. L-30642 April 30, 1985

  Republic v. CA and Molina, G.R. No. 108763, February 13, 1997

14. How must legislative intent be ascertained?

Aisporna v. CA, G.R. No. L-39419 April 12, 1982

Republic v. CA and Molina, G.R. No. 108763, February 13, 1997

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Statutory Construction Defined.

Statutory Construction is defined as 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, where that intention is rendered doubtful, among
others, by reason of the fact that the given case is not explicitly provided for in the law.
It as the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts.

A judicial function is required when a statute is invoked and different interpretations are in contention.

When considering a statute, a court will apply rules of construction only when the language contained in the statute is
ambiguous. Under the “plain-meaning” rule, if the intention of the legislature is “so apparent from the face of the
statute that there can be no question as to its meaning, there is no need for the court to apply canons o
construction.” Thus, before even considering what canons to apply, the court must first determine whether the statute
in question is ambiguous. Courts have generally held that a statute is ambiguous when reasonably well-informed
persons could understand the language in either of two or more senses.

Hermeneutics and Legal Hermeneutics

Hermeneutics is the science or art of construction and interpretation.

Legal hermeneutics is the systematic body of rules which are recognized as applicable to the construction and
interpretation of legal writings.

Legis interpretatio legis vim obtinet

“Legis interpretatio legis vim obtinet” is a Latin maxim which means “The construction of law obtains the force of law.”

When is there room for interpretation or construction?

“The final consideration is, in carrying out and interpreting the Labor Code’s provisions and its implementing
regulations, the workingman’s welfare should be the primordial and paramount consideration. This kind o
interpretation gives meaning and substance to the liberal and compassionate spirit of the law as provided for in Article
4 of the Labor Code which states that “all doubts in the implementation and interpretation of the provisions of the
Labor Code including its implementing rules and regulations shall be resolved in favor of labor” (Abella v. NLRC, G.R.
No. 71812, July 30,1987,152 SCRA 140; Manila Electric Company v. NLRC, et al., G.R. No. 78763, July 12,1989), and
Article 1702 of the Civil Code which provides that “in case of doubt, all labor legislation and all labor contracts shall be
construed in favor of the safety and decent living for the laborer.” [Songco v. NLRC, GR L-50999 March 23, 1990].
“A cardinal rule in statutory construction is that when the law is clear and free from any doubt or ambiguity, there is
no room for construction or interpretation. There is only room for application.” [Amores v. HRET, GR 189600, June 29
2010].

Construction and Interpretation, Distinguished.

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Construction is the drawing of conclusions with respect to subjects that are beyond the direct expression of the text,
while interpretation is the process of discovering the true meaning of the language used.

Interpretation is limited to exploring the written text. Construction, on the other hand, is the drawing of conclusions,
respecting subjects that lie beyond the direct expressions of the text.

Dr. Lieber, Legal and Political Hermeneutics (3d edition, 1880,. by Hammond), thus expresses the distinction
“Interpretation is the art of finding out the true sense of any form of words; that is, the sense which their author
intended to convey; and of enabling others to derive from them the same idea which the author intended to convey.”
(p. 11.) ” Construction is the drawing of conclusions respecting subjects that lie beyond the direct expression of the

text,
of thefrom elements
text.” (p. 44.) known from and given in the text – conclusions which are in the spirit though not within the letter

Interpretation has been classified as:

(1) Literal (Interpretatio restrictiva) -is where the letter is closely followed, as where, in interpreting a statute, the
term “man” is given an exclusively masculine sense, and where metaphorical terms are construed literally.

(2) Liberal (Interpretatio extensiva) is the ascription to words of their largest sense. Of this we have an illustration
in the interpretation of the words “regulate commerce” in the constitution of interpretation.

(3) Arbitrary (Interpretatio predestinata) is that which subordinates interpretation to pre-assuraed construction
making the word mean that which the interpreter thinks most consistent with a preconceived scheme of his own. In
this way construction is erroneously made the basis of interpretation, and not interpretation the material fo
construction.

(4) Authoritative (Interpretatio declarativa) is that which accepts the meaning of a term as it has been affixed by
the state acting either through its legislature or its judiciary.

Intrinsic or internal aids in Statutory Interpretation are those found within the statute itself.

An examination of the whole of a statute, or at least those parts which deal with the sub
matter of the provision to be interpreted, should give some indication of the overall purpos
the legislation. It may show that a particular interpretation of that provision will lea
Other enacting words absurdity when taken with another section.

Explanatory notes as
aids to interpretation The use of explanatory notes in statutory interpretation is new.
Some laws have their own interpretation sections such as “Definition of Terms.”
Aids found in all laws:
Long title It became established that the long title could be considered as an aid to interpretation. The
title should be read as part of the context, “as the plainest of all the guides to the genera
objectives of a statute.”

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Example:

[REPUBLIC ACT NO. 10361]

AN ACT INSTITUTING POLICIES FOR THE PROTECTION
AND WELFARE OF DOMESTIC WORKERS
 That part of a statute explaining the reasons for its enactment and the objects sought
accomplished. It usually starts with the word “Whereas”. It is therefore clearly permissible to
recourse to it as an aid to construing the enacting provisions.

Preambles ceased to be used in recent legislation. It is replaced by, inter alia, “Declaratio
Policies.”

Examples:

PREAMBLE: “WHEREAS, under Section 5 of Presidential Decree No. 705, the Bureau of F
Development is vested with authority and jurisdiction over all forest lands including water
reservations;”

DECLARATION OF POLICIES: “SEC. 2. Declaration of Policy . – The State recognizes and guara
the human rights of all persons including their right to equality and nondiscrimination of t
rights, the right
reproductive to the
health, sustainable human development,
right to education theand
and information, right
the to health
right whichand
to choose incm
decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs
Preamble the demands of responsible parenthood.”
 There is some question whether the short title should be used to resolve doubt.

Example: “The Responsible Parenthood and Reproductive Health Act of 2012″

Short title
“When the meaning of a legislative enactment is in question, it is the duty of the co
to ascertain, if possible, the true legislative intention, and adopt that constru
of the statute which will give it effect. The construction finally adopted shou
based upon something more substantial than the mere punctuation found in
printed Act. If the punctuation of the statute gives it a meaning whic
reasonable and in apparent accord with the legislative will, it may be used a
additional argument for adopting the literal meaning of the words of the statut
thus punctuated. But an argument based upon punctuation alone is not conclu
and the courts will not hesitate to change the punctuation when necessary, to
to the Act the effect intended by the Legislature, disregarding superfluou
incorrect punctuation marks, and inserting others where necessary.” [G.R. N
8848, U.S. v. Hart, Miller and Natividad].

Punctuation
Body  The main and operative part of the statute containing its substantive and even proce
provisions. Provisos and exceptions may also be found in the body of the law.

Extrinsic or External aids in Statutory Construction

Can be cited as authoritative statements of the law of their time, and therefore
the present law if it is shown not to have changed.
 The reputation of the author and the date of the book are important.
Textbooks and eminent
writers on law
Cases from any branch of law and from any jurisdiction are used by the courts
Other cases assist construction.
Notably dictionaries of the time will be used to find out the meaning of a word in
Dictionaries statute.
Treaties
 The court may consider the historical setting of the provision that is bein
construed. 
Historical setting

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Practice  The practice followed in the past may be a guide to construction.

 The official record of proceedings and debates in either house of Congres
Congressional Record proceedings can be used as externals aid in statutory construction.

Situs of Construction and Interpretation.

In our system of government:

• Legislative power is vested in the Congress of the Philippines – the Senate and the House of the
Representatives;
• Executive power is vested in the President of the Republic of the Philippines (Art. VII, Sec.1, 1987 Phil.
Constitution); and
•  Judicial power is vested in one Supreme Court and in such lower courts as may be established by law.
(Art. VIII, Sec. 1, 1987 Phil. Constitution)

Legislature – makes the law;

Executive – executes the law; and

 Judiciary – interprets the law.

Simply stated, the situs of construction and interpretation of written laws is in the judicial department.
It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the government.

 The Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and
such lower courts have the power to construe and interpret written laws .

HOW A BILL BECOMES A LAW

• House Rule X: Bills, Resolutions, Messages, Memorials and Petitions
• Flowchart: Legislative Process
1. PREPARATION OF THE BILL
2. FIRST READING
3. COMMITTEE CONSIDERATION / ACTION
4. SECOND READING
5.  THIRD READING
6.  TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE
8. CONFERENCE COMMITTEE
9.  TRANSMITTAL OF THE BILL TO THE PRESIDENT
10. PRESIDENTIAL ACTION ON THE BILL
11. ACTION ON APPROVED BILL

12. ACTION ON
1. PREPARATION OFVETOED
THE BILLBILL

 The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill upon the
Member’s request.

2. FIRST READING
1. The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
2. Three days after its filing, the same is included in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads the title and number of the bill. The Speaker refers the bill
to the appropriate Committee/s.
3. COMMITTEE CONSIDERATION/ACTION

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1. The Committee where the bill was referred to evaluates it to determine the necessity of conducting public
hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues public
notics and invites resource persons from the public and private sectors, the academe and experts on the
proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or Committee discussions, the Committee may introduce
amendments, consolidate bills on the same subject matter, or propose a subsitute bill. It then prepares the
corresponding committee report.
3. The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs
Bureau.
4. SECOND READING
1. The Committee Report is registered and numbered by the Bills and Index Service. It is included in the
Order of Business and referred to the Committee on Rules.
2. The Committee on Rules schedules the bill for consideration on Second Reading.
3. On Second Reading, the Secretary General reads the number, title and text of the bill and the following
takes place:
o Period of Sponsorship and Debate
o Period of Amendments
o Voting which may be by:
 viva voce
 count by tellers
 division of the House; or
 nominal voting
5. THIRD READING
1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are
distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his
vote. No amendment on the bill is allowed at this stage.
5. The bill is approved by an affirmative vote of a majority of the Members present.
6. If the bill is disapproved, the same is transmitted to the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
 The approved bill is transmitted to the Senate for its concurrence.

7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

 The bill undergoes the same legislative process in the Senate.

8. CONFERENCE COMMITTEE
1. A Conference Committee is constituted and is composed of Members from each House of Congress to
settle, reconcile or thresh out differences or disagreements on any provision of the bill.
2. The conferees are not limited to reconciling the differences in the bill but may introduce new provisions
germane to the subject matter or may report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both Houses. No amendment
is allowed.
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by
both the Secretary of the Senate and the Secretary General of the House, are transmitted to the President.

10. PRESIDENTIAL ACTION ON THE BILL

1. If the bill is approved the President, the same is assigned an RA number and transmitted to the House
where it originated.
2. If the bill is vetoed, the same, together with a message citing the reason for the veto, is transmitted to the
House where the bill originated.
11. ACTION ON APPROVED BILL
 The bill is reproduced and copies are sent to the Official Gasette Office for publication and distribution to the
implementing agencies. It is then included in the annual compilation of Acts and Resolutions.

12. ACTION ON VETOED BILL

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 The message is included in the Order of Business. If the Congress decides to override the veto, the House and the
Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed items is
passed by a vote of two-thirds of the Members of each House, such bill or items shall become a law.

NOTE: A joint resolution having the force and effect of a law goes through the same process.

Parts of a Statute

1. Title – the heading on the preliminary part, furnishing the name by which the act is individually known. It
is usually prefixed to the statute in the brief summary of its contents.
2. Preamble – part of statute explaining the reasons for its enactment and the objects sought to be
accomplished. Usually, it starts with “whereas”.
3. Enacting clause – part of statute which declares its enactment and serves to identify it as an act of 
legislation proceeding from the proper legislative authority. “Be enacted” is the usual formula used to
start this clause.
4. Body – the main and operative part of the statute containing its substantive and even procedural
provisions. Provisos and exceptions may also be found.
5. Repealing Clause – announces the prior statutes or specific provisions which have been abrogated by
reason of the enactment of the new law.
6. Saving Clause – restriction in a repealing act, which is intended to save rights, pending proceedings,
penalties, etc. from the annihilation which would result from an unrestricted repeal.
7. Separability Clause – provides that in the event that one or more provisions or unconstitutional, the
remaining provisions shall still be in force.
8. Effectivity Clause – announces the effective date of the law.

Constitutional Test in the Passage of a Bill.

 There are three (3) very important constitutional requirements in the enactment of a statute:

1. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title
thereof .
 The purposes of this constitutional requirements are:

•  To prevent hodge-podge or log-rolling legislation;

•
 To prevent surprise or fraud upon the legislature; and
•  To fairly apprise the people, through such publications of legislative proceedings as is usually made, of the
subjects of legislation that are being considered, in order that they may have opportunity of being heard thereon
by petition or otherwise, if they shall so desire.
CASE: Giron v. Comelec, G.R. No. 188179, January 22, 2013
2. No bill passed by either House shall become law unless it has passed three readings on separate days
and printed copies thereof in its final form have been distributed to each member three days before its passage.
CASE: Tolentino v. Sec. of Finance, G.R. No. 115455, October 30, 1995

3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President.

 The executive approval and veto power of the President is the third important constitutional requirement
in theMiller
CASE: mechanical passage
v. Mardo, a bill.
ofL-15138,
G.R. No. July 31, 1961

When can courts construe or interpret the law?

It bears stressing that the first and fundamental duty of the Court is to apply the law. When the law is clear and free
from any doubt or ambiguity, there is no room for construction or interpretation. As has been our consistent ruling
where the law speaks in clear and categorical language, there is no occasion for interpretation; there is only room for
application.

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Where the law is clear and unambiguous, it must be taken to mean exactly what it says and the court has no choice
but to see to it that its mandate is obeyed.

Only when the law is ambiguous or of doubtful meaning may the court interpret or construe its true intent. Ambiguity
is a condition of admitting two or more meanings, of being understood in more than one way, or of referring to two or
more things at the same time. A statute is ambiguous if it is admissible of two or more possible meanings, in which
case, the Court is called upon to exercise one of its judicial functions, which is to interpret the law according to its true
intent.

CASE: RCBC v. IAC, G.R. No. 74851, December 9, 1999

When courts need not resort to interpretation or construction

CASES:

1. GO KA TOC SONS v. RICE AND CORN BOARD, G.R. No. L-23607, May 23, 1967
“What the court a quo did was to resort to statutory construction. But this was improper as well as incorrect. The law is
clear in enunciating the policy that only Filipinos and associations, partnerships or corporations 100% Filipino can
engage even in the trade and acquisition of the by-products of rice and/or corn. So the court’s only duty was to apply
the law as it was. The purpose of the Act, as expressed in the introductory note of the bill, can control the language of
the law only in case of ambiguity. There is none here.”
2. PEOPLE v. MAPA, G.R. No. L-22301, August 30, 1967
“The law cannot be any clearer. No provision is made for a secret agent. As such he is not exempt. Our task is equally
clear. The first and fundamental duty of courts is to apply the law. “Construction and interpretation come only after i
has been demonstrated that application is impossible or inadequate without them.”

3. LUZON SURETY v. DE GARCIA, G.R. No. L-25659, October 31, 1969

“Its language is clear; it does not admit of doubt. No process of interpretation or construction need be resorted to. It
peremptorily calls for application. Where a requirement is made in explicit and unambiguous terms, no discretion is
left to the judiciary. It must see to it that its mandate is obeyed. So it is in this case.”

Punctuation and Grammar: An Aid to Interpretation [and Construction]

While punctuation can assist in the interpretation of statutes, care must be taken: The following citations can be noted
to arrive at if Grammar is material or not. Likewise punctuation is dealt with here in details.

Although Canadian courts consider punctuation part of the legislation, they are unwilling to place much reliance on it
as an aid to interpretation. The primary reason for this distrust is its inherent unreliability. Many of the conventions
governing punctuation, especially comma placement, are fluid and unstable. Practices vary from one region to another
and may change rapidly over time. Also, considerable discretion is left to individual writers to vary punctuation as a
matter of taste or style. And not least of all, even competent users of language often make mistakes out of
carelessness or uncertainty. For these reasons, the courts are rightly cautious of attaching too much significance to a
single punctuation mark.

A debate on punctuation cannot take the place of an interpretation based on the legislative context and ordinary
meaning of words. The reliability of punctuation as a tool of interpretation has indeed.[1] been questioned, .
.Punctuation is a rational part of English composition, and is sometimes quite significantly employed. I see no reason
for depriving legal documents of such significance as attaches to punctuation in other writings. [2] Punctuation is bu
one tool to help in the determination of legislative intent[3].
In Caridnal, V.R.[4] MAHONEY J. wrote,
“Punctuation cannot render a single interpretation so certainly correct as to obviate the need to refer to
the entire enactment in the interpretation of one of it’s provisions but it is certainly to be considered.”
 The court is capable of assessing punctuation and grammar without expert or other opinion. [5] To resolve a syntactic
ambiguity in a statute the courts may elicit the punctuation used in that part of the statute but do so with caution
because many conventions governing punctuation are fluid and unstable especially with the use of the comma[6].
In Canada the courts look at punctuation in interpreting statutes with some caution. In the Interpretation of Legislation
in Canada by Pierre André Coté (2nd Ed.) there appears at p. 62 and 63:
‘In Canada, punctuation is considered to be a part of the stature and may be looked at in its interpretation:In
construing the clause it is my opinion that we should have regard to the punctuation … The ratio decidendi of those
cases which held that punctuation in a Statute ought not to be regarded was that statutes as engrossed on the origina
roll did not contain punctuation marks. We were informed by counsel that in British Columbia statutes are presented to

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the Legislature for passing and are passed punctuated as they appear in the copies printed by the Queen’s Printer
consequently the foundation of the earlier decisions has been removed.
But even admitting that punctuation is part of the enactment, the question of its relative weight remains. As with othe
parts of a statute, the authorities indicate that this will vary according to the circumstances.

Punctuation, particularly the comma, is essential to written communication, and judges cannot totally ignore it
However, they will hesitate to base a decision solely on the presence or absence of particular punctuation marks
Several reasons justify such caution: “. . . punctuation is not subject to rigorous and well-defined rules.” To the extent
that rules exist, they are poorly understood and may not have been respected, with the result that a document may be
“. . . copiously, if not carefully, punctuated”.[footnotes ommitted] [7]Replying to arguments based on punctuation, the
courts will not only refer to its unreliable nature but also the context and object of the statute.
[1] In Laurentide Motels Ltd. v. Beauport (Ville), 1989 CanLII 81 (S.C.C.), [1989] 1 S.C.R. 705 at 755, per L’HEUREAUX-
DUBE J
[2] Housten v Burns 1918] A.C. 337 per LORD SHAW of Dunfermline ,See also: The Queen v. Alaska Pine and Cellulose
Co. [1960] S.C.R. 686
[3] R. v. C. L. , 2005 NSFC 21
[4]In Caridnal, V.R. {1980} F.C. 149 at 154-55
[5] R. v. Galbraith, 2008 ONCJ 761,the court observed that:” The opinion regarding grammar and punctuation was from
someone not established as an expert, and the opinion offered is not needed” in the matter related to Provincia
Offences Act, s. 50(3) was being discussed.
[6] See: Driedger on the Construction of Statutes at pp. 276-277. At p. 277 the author states
”. . . A comma before the qualifying words ordinarily indicates that they are meant to apply to all antecedents while
the absence of a comma indicates that they are meant to apply to the last antecedent alone. . . .” Further in the case
of Mawson Hotels Ltd. v. Solie, 1997 CanLII 11194 (SK Q.B.) it was observed that ’ In the matter before me there is a
comma
structurebefore the qualifying
or premises. words, respecting
An application of the ruleany materials,
would lead to equipment or appliances
the interpretation used
that the or installed
qualifying wordsinapply
a building,
to all
antecedents. Such an interpretation is in conflict with the purpose of the legislation and would lead to an unreasonable
outcome. I find that the placement of the comma leads to an interpretation which conflicts with the purpose of the
legislation. Thus the purpose of the legislation must take precedence.per HRABINSKY J
[7] Bell v. Canada (Attorney General), 2001 NSSC

Statutory Construction vis-a-vis Judicial Legislation

When is it construction and when is it judicial legislation?

 To declare what the law shall be is a legislative power, but to declare what the law is or has been, is judicial. However
the courts “do and must legislate” to fill in the gaps in the law. The Court decided to go beyond merely ruling on the
facts of the existing law and jurisprudence. (Floresca v. Philex Mining; Republic v. CA and Molina)

1. Floresca v. Philex Mining, G.R. No. L-30642 April 30, 1985

Does the CFI (RTC) have jurisdiction over the complaint?

Pursuant to Article 9 of the Civil Code which provides that: “No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws.” It argues that the application or interpretation placed by
the Court upon a law is part of the law as of the date of the enactment of the said law since the Court’s application or
interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into
effect. Yet, the Court argues that the Court can legislate, pursuant to Article 9 of the New Civil Code. However, even
the legislator himself recognizes that in certain instances, the courts “do and must legislate” to fill in the gaps in the
law; because the mind of the legislator, like all human beings, is finite and therefore cannot envisage all possible cases
to which the law may apply.

2. Republic v. CA and Molina, G.R. No. 108763, February 13, 1997

Guidelines presented by the court.

 The Family Code of the Philippines provides an entirely new ground (in addition to those enumerated in the Civil Code
to assail the validity of a marriage, namely, “psychological incapacity.” In addition to resolving the present case, the
court finds the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family
Code. In the present case, it appears to that there is a “difficulty,” if not outright “refusal” or “neglect” in the
performance of some marital obligations of the respondent spouse. Mere showing of “irreconcilable differences” and
“conflicting personalities” in no wise constitutes psychological incapacity. Hence, the Court decided to go beyond
merely ruling on the facts of this case vis-a-vis existing law and jurisprudence. For psychological incapacity to prosper,
three characteristics should manifest: gravity, juridical antecedence and incurability.

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How must legislative intent be ascertained?

Legislative Intent.
 The object of all interpretation and construction of statutes is to ascertain the meaning and intention of the legislature
to the end that the same may be enforced.

Legislative intent is determined principally from the language of the statute.

VERBA LEGIS
If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning,
that meaning is conclusively presumed to be the meaning which the legislature intended to convey.

Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses
and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute
must be considered in fixing the meaning of any of its parts and in order to produce harmonious whole. (Aisporna v
CA; China Bank v. Ortega; PVA Board of Administrators v. Bautista)

1. Aisporna v. CA, G.R. No. L-39419 April 12, 1982

Legislative intent of the Insurance Act: Whether an insurance sub-agent or proxy is covered by Section 189 of the
Insurance Act.

Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses
and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute
must be considered in fixing the meaning of any of its parts and in order to produce harmonious whole. In the present
case, the first paragraph of Section 189 prohibits a person from acting as agent, sub-agent or broker in the solicitation
or procurement of applications for insurance without first procuring a certificate of authority so to act from the
Insurance Commissioner; while the second paragraph defines who is an insurance agent within the intent of the
section; while the third paragraph prescribes the penalty to be imposed for its violation.

2. China Banking Corp. v. Ortega, G.R. No. L-34964 January 31, 1973

Whether a banking institution can validly refuse a court process garnishing the bank deposit invoking the provisions of
R.A. No. 1405 (An Act prohibiting Disclosure of or Inquiry into, Deposits with any Banking Institution).

 The gist of the pertinent provisions of RA 1405, Sec. 2., is that although transactions with banking institutions in the
Philippines are absolutely confidential, there are exceptions such as when there is written permission from the
depositor, or in cases of impeachment, or upon order of the competent court in cases of bribery or dereliction of duty
of public officials, or in cases where the money deposited or invested is the subject matter of litigation. In the presen
case, China Bank was in default because the court merely required the bank to inform the court whether or not the
defendant had a deposit with the bank for the purposes of garnishment. However, the disclosure is purely incidental to
the execution process.

3. Board of Administrators, PVA v. Bautista, G.R. No. L-37867, February 22, 1982

Whether the plaintiff is entitled to pension from 1955 instead of from 1968.

 The purpose of Congress in granting veterans’ pensions is to compensate a class of men who suffered in the service
for the hardships they endured and the dangers they encountered, and more importantly, those who have become
incapacitated for work owing to sickness, disease or injuries sustained while in the line of the duty. R.A. No. 65
(Veteran’s Bill of Rights) or Veteran Pension Law is, therefore, a governmental expression of gratitude to and those
who rendered service for the country, by extending to them regular monetary aid. If the pension awards are made
effective only upon approval of the application, then the noble and humanitarian purposes for which the law was
enacted could easily be thwarted or defeated.

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