STATUTORY CONSTRUCTION NOTES 1 

 
STATUTORY CONSTRUCTION AND INTERPRETATION
Kristie Xyla R. Amaro-Gonzalvo, CPA, JD

I. INTRODUCTION

a. Construction and Interpretation

Construction – the art or process of discovering and expounding the meaning and intention
of the authors of the law, where that intention is rendered doubtful by reason of the
ambiguity in its language1. It is also a process of drawing warranted conclusions that is not
always included in direct expressions or in the letters of the text.

Interpretation – the art of finding the true meaning and sense of any form of words2.

*While construction and interpretation are technically different, they are used
interchangeably in practice or common usage.

Purpose or Object of Construction: to ascertain, and give effect to, the intent of the law3


Rules of Construction – are tools used to ascertain legislative intent; they are not rules of
law, rather mere axioms of experience; not binding on the courts

 Article 10, Civil Code “In case of doubt in the interpretation or application of laws, it is
presumed that the law making body intended right and justice to prevail.”
 Section 4, Labor Code “All doubts in the implementation and interpretation of the
provisions of this Code, including its implementing rules and regulations, shall be
resolved in favor of labor.”
 Section 5, Local Government Code “In the interpretation of the provisions of this Code,
the following rules shall apply:
a) Any provision on a power of a local government unit shall be liberally
interpreted in its favor xxx;
b) In case of doubt, any tax ordinance or revenue measures shall be construed
strictly against the local government unit enacting it and liberally in favor of
the taxpayer xxx;
c) The general welfare provisions in this Code shall be liberally interpreted to
give more powers to local government units xxx;
d) Rights and obligations existing on the date of the effectivity of this Code xxx
shall be governed by the original terms and conditions of said contracts xxx;
and
e) In the resolution of controversies arising under this Code where no legal
provision or jurisprudence applies, resort may be had to the customs and
traditions in the place where the controversies take place.”

Garcia v. Social Security Commission – A condition sine qua non before construction or
interpretation of law is that there be doubt or ambiguity in its language. When the law is clear, there is no
need to interpret (verba legis).
                                                            
1
 Caltex (Phils) Inc. v. Palomar, GR No. 19650, September 29, 1966 
2
 Agpalo, Ruben. Statutory Construction 6th Ed. 2009, page 104 
3
 Macondray v. Eustaquio, 64 Phil 446 (1937) 

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 STATUTORY CONSTRUCTION NOTES 2 

 
Court’s ruling: When laws are clear, it is incumbent upon the judge to apply them regardless of
personal beliefs or predilections – when the law is unambiguous and unequivocal, application NOT
interpretation is imperative.

b. Statutory Construction – employed by the courts to ascertain the true intent and meaning of the
law
Constitutional Construction – employed by the courts to ascertain the intent or the purpose of
the framers of the Constitution as expressed in the language of the fundamental law, and
thereafter assure its realization

II. RELEVANT CONCEPTS AND PRINCIPLES

a. Three branches of the government

The Philippines is a republic with a presidential form of government4. Powers of the State are
equally divided among three branches: Executive, Legislative and Judiciary.

Executive Branch – carrying out or execution of the laws

Legislative Branch – enactment of laws
Judicial Branch – settlement of legal controversies

Principle of Separation of Powers – a fundamental principle in the Philippine legal system

granting each branch of the government exclusive cognizance of matters within its jurisdiction
and is supreme within its own sphere5.

Principle of Checks and Balances - a principle securing coordination in the workings of the
various branches of the government6

Principle of Judicial Independence – a principle guaranteed by the Constitution giving the

Judiciary independence and administrative autonomy for the entire judicial branch7. It requires
the judiciary to ensure that judicial proceedings are fairly conducted and the rights of the
parties involved are respected8.

b. Legislative Department

LEGISLATION – an active instrument of government, which, for purposes of interpretation,
means that laws have ends to be achieved

Types of Legislation9:

 Bills – these are general measures, which if passed upon, may become laws
 Joint Resolutions – similar to bills, except that these are used to when dealing with a
single item or issue or for proposals of amendments to the Constitution

                                                            
4
 Official Gazette (https://www.officialgazette.gov.ph/about/gov/) 
5
 Mamiscal v. Clerk of Court Macalinog, AM No. SCC‐13‐18‐J, July 1, 2015 
6
 Supra. 
7
 1987 Constitution 
8
 United Nations Human Rights Office of the High Commissioner 
(https://www.ohchr.org/en/professionalinterest/pages/independencejudiciary.aspx) 
9
 Senate of the Philippines (http://legacy.senate.gov.ph/about/legpro.asp) 

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 STATUTOR
RY CONSTR
RUCTION NOTES 3 

 

Concurrennt Resolution
ns – used forr matters afffecting the operations
o off both housees and
must be passed
p in th
he same form m by both of o them. Theey do not reequire Presid dent’s
approval and
a do not have the forcee and effect ofo law.
 Simple Reesolutions – deal with matters entireely within the prerogativ ve of one houuse of
Congress, such as adoopting or recceiving its ow
wn rules. Thhey do not reequire Presid
dent’s
approval and
a do not have the forcee and effect ofo law.

Legisslative Proce
ess10

Firsst Reading
Signeed by authors aand 
Bill introduced by  (Readinng the Number 
filed with Secretaryy of 
member/s of Coongress and Titlee of the Bill and
d 
the House
referral to Committee))

Second Reading
Third Reading Debates, Motions, 
mendments, an
Am nd  (Readingg in full with the 
(Ap
pproval by the House) Voting amend dments of the 
Committee)

Co
onference Com
mmittee  Presiden
nt's approval or 
Auth
hentication of B
Bills
Reports  veto

Princciple of Non‐Delegatio on of Legisllative Powe er – legislattive power is vested to the

Legislature and this power to make laaws cannot be further delegated111, save for some
ptions.
excep

Excepptions:
1. Seec. 23 (2) Arrticle VI, 1987 Constitutioon – emergen ncy powers tto the Presiddent in case of
o war
orr national emmergency
2. Seec. 28 (2) Arrticle VI, 19887 Constitutiion – authorrization to thhe President to fix tariff rates,
im
mport dutiess and export quotas, tonn nage and wh harfage duess, and other duties or im mposts
w
within the framework of national
n deveelopment pro ogram of the governmentt
3. Seection 5 Article X, 1987 Constitution n – delegatio
on to local ggovernment units
u to creaate its
owwn sources of o revenue an nd to levy taxxes, fees and
d charges
4. Delegation
D of rule makingg power to ad dministrativee bodies
5. Seec. 2 Article XVII,
X Sec. 32 Article VI – d
delegation to
o the people (initiative an
nd referendu um)

                                                            
10
 Agpalo, Rube Construction 6th Ed. 2009, pagges 6‐10 
en. Statutory C
11
 US v. Ang Tan
ng Ho, 43 Phil 1 

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* d copying, sh
haring and/or 
r distribution o
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prohibited.  
 STATUTORY CONSTRUCTION NOTES 4 

 
c. Executive Department

Executive Power – vested on the President
 Power of control over executive branch
 Ordinance Power
o Executive Order – act of the President providing for rules of a general or
permanent character in implementation or execution of constitutional or
statutory powers.
o Administrative Order – act of the President which relate to a particular
aspect of governmental operations in pursuance of his duties as
administrative head.
o Proclamation – Act of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of which the
operation of a specific law or regulation is made to depend.
o Memorandum Order – act of the President on matters of administrative
detail or of subordinate or temporary interest which only concern a
particular officer or office of the government.
o Memorandum Circular – act of the President on matters relating to
internal administration, which the President desires to bring to the
attention of all or some of the departments, agencies, bureaus, or offices
of the government, for information and compliance.
 Power over aliens
 Powers of eminent domain, escheat, land reservation and recovery of ill-gotten
wealth
 Power of appointment
 Power of general supervision over local governments
 Other powers in the Constitution and those granted by law

d. Judicial Department

Judicial Power – includes the duty of the courts to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been
grave abuse of discretion amounting to lack or in excess of jurisdiction on the part of any branch
or instrumentality of the government.

Requisites:
1. The existence of an appropriate case;
2. An interest personal and substantial by the party raising the constitutional
question;
3. The plea that the function be exercised at the earliest opportunity; and
4. The necessity that the constitutional question be passed upon in order to decide
the case.

*The duty and power to interpret or construe a statute or the Constitution belong to the
judiciary.12

Article 8, Civil Code – “Judicial decisions applying or interpreting the laws or Constitution shall
form part of the legal system of the Philippines.”

Endencia v. David – legislature cannot override the Supreme Court’s interpretation

                                                            
12
 Agpalo, Ruben. Statutory Construction 6th Ed. 2009, page 120 

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 STATUTORY CONSTRUCTION NOTES 5 

 
Sameer Overseas Placement Agency v. Cabiles – statutes or provisions declared
unconstitutional are not laws

Limitations on the judicial power to construe or interpret laws

Morales v. Subido – when the meaning of the law is clear, there is no room for interpretation
People v. Garcia – statute and its amendments must be read together as a whole. When an
amendment leaves portions of the original act unchanged, they continue to be in force.
Inchong v. Hernandez ‐ legislative discretion is not subject to judicial review
People v. Nazario ‐ a statute or act is vague when it lacks comprehensible standards that men of
common intelligence must necessarily guess at its meaning and differ as to its application; courts will only
interpret if statutes/provisions are utterly vague that they cannot be clarified by either a saving clause or
construction.

Stare Decisis - doctrine that requires courts to follow principles, rules or standards of its prior
decisions for cases with similar facts. It means to follow past precedents and refrain from disturbing
what has been previously settled.
In Re Valenzuela and Vallarta – the Court gave credence to a previous ruling in Aytona v.
Castillo where the court resolved the appointments of the outgoing president Garcia as abuse of
presidential prerogatives.
De Castro v. JBC – the doctrine of stare decisis is not violated when the Court, acting on its innate
authority, modifies or reverses a doctrine or principle previously laid down. While judicial decisions
assume the same authority as a statute, itself, the Supreme Court is not entirely controlled by such
precedents. The Court is not obliged to blindly follow a particular decision when it determines the need for
rectification.
Belgica v. Ochoa – doctrine of stare decisis cannot find application when the previous case, like
the PHILCONSA ruling, is riddled with inherent constitutional inconsistencies.

III. LAWS

a. Law – a rule of conduct formulated and made obligatory by legitimate power of the
state.13

b. Classifications:

GENERAL LAW – one that applies to the whole state and operates throughout the state alike upon all
the people or all of a class.14
SPECIAL LAW – one which relates to particular persons or things of a class or to a particular
community, individual or thing.15

SUBSTANTIVE LAW – one that creates, defines, and regulates rights, or which regulates the rights and
duties which give rise to a cause of action.16
PROCEDURAL/REMEDIAL LAW – one that prescribes the method of enforcing rights or obtain redress
for invasions of substantive rights.17

PUBLIC LAW – one which affects the public at large or the whole community.18
PRIVATE LAW – one which applies only to a specific person or subject.19
                                                            
13
 Agpalo, Ruben. Statutory Construction 6th Ed. 2009, page 1 
14
 People v. Palma, GR No. 44113, March 31, 1977 
15
 Valera v. Tuason, 80 Phil. 823 (1948) 
16
 Bustos v. Lucero, 46 Off. Gaz. January Supp., pp. 445, 448 
17
 Bustos v. Lucero, ibid. 
18
 Agpalo, Ruben. Statutory Construction 6th Ed. 2009, page 2 

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 STATUTORY CONSTRUCTION NOTES 6 

MANDATORY LAW – a law that is imperative and imposes a duty to those who are covered by it.
PROHIBITORY LAW – a kind of mandatory law that imposes duty to refrain from doing a forbidden act.
DIRECTORY LAW – a law that is permissive in operation as it does not have mandatory effect.

PROSPECTIVE LAW – a law that takes effect after having been enacted and published.
RETROACTIVE LAW – a law that takes effect from a date in the past or finds application to cases before
the enactment and publication of such law.

c. Subjects of Construction and Interpretation – Constitution, statute/law, ordinance

d. CONSTITUTION

DOCTRINE OF CONSTITUTIONAL SUPREMACY – if a law or contract violates any norm of the
Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or
entered into by private persons for private purposes, is null and void and without any force and effect.
Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed
written in every statute and contract.20

CONSTITUTION – the basic and paramount law to which all other laws must conform and to which all
persons, including the highest officials of the land, must defer.21
STATUTES – acts of legislature as an organized body, expressed in the form, and passed according to
the procedure, required to constitute it as part of the law of the land. 22

Tawang Multipurpose Cooperative v. La Trinidad Water District – citing the Doctrine of

Constitutional Supremacy, the Court declared unconstitutional Sec. 47 (grant of exclusive franchise) of PD
198 (decree creating La Trinidad Water District) for being repugnant to Sec. 11 Article XII of the 1987
Constitution.

e. STATUTES

NOMENCLATURE OF STATUTES IN THE PHILIPPINES
NOMENCLATURE ABBREVIATION ENACTING BODY
Public Act Act Philippine Commission,
Philippine Legislature
Commonwealth Act CA Philippine Commonwealth
Republic Act RA Philippine Congress
Presidential Decrees – period of Martial Law under 1973 Constitution
Executive Orders – revolutionary period under Freedom Constitution
Batas Pambansa – 1978‐1985

PARTS OF STATUTE

1. Preamble – a prefatory statement or explanation or a finding of facts, reciting the purpose,
reason, or occasion for making the law to which it prefixed.23

                                                                                                                                                                                                        
19
 Ibid. 
20
 Manila Prince Hotel v. GSIS, GR No. 122156, Feb. 3, 1997 
21
 Cruz, Isagani. Philippine Political Law, 1991 Ed., page 11 
22
 Supra. 
23
 Continental Oil Co. v. Santa Fe, 3 ALR 394 (1918) 

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 STATUTORY CONSTRUCTION NOTES 7 

 
2. Title – every bill passed by Congress shall embrace only one subject which shall be expressed in
the title thereof (One Title, One Subject Rule).
3. Enacting Clause – written immediately after the title which states the authority by which the act
is enacted.
4. Body – tells what the law is all about. The body of a statute should embrace only one subject
matter.
5. Separability Clause – states that if any provision of the act is declared invalid, the remainder
shall not be affected thereby.
6. Repealing Clause – states repeal, withdrawal, or abrogation of a law or parts of it.
7. Effectivity Clause – provision when the law takes effect

Banat v. COMELEC – every statute is presumed to be constitutional. Those who assail the
constitutionality of a law must show that there is a clear and unequivocal breach of the
Constitution, not merely a doubtful, speculative, or argumentative one. Here, the petitioners failed
to justify why RA 9369 (Automated Election) shall be declared unconstitutional.
Abakada Party List v. Purisima – the general rule is that where part of a statute is void as
repugnant to the Constitution, while another part is valid, the valid portion, if separable from the
invalid, may stand and be enforced. The presence of a separability clause upholds the
constitutionality of the remaining provisions.

f. ORDINANCE – legislation enacted by the local government units by virtue of their

delegated legislative power.

Test of a Valid Ordinance
1. Must not contravene the Constitution or any statute.
2. Must not be unfair or oppressive.
3. Must not be partial or discriminatory.
4. Must not prohibit but may regulate trade.
5. Must be general and consistent with public policy.
6. Must not be unreasonable.

Strict Scrutiny Test – refers to the standard for determining the quality and the amount of
governmental interest brought to justify the regulation of fundamental freedoms.
Rational Basis Test – ordinances are upheld if they rationally further a legitimate governmental
interest

Barangay Ordinance – passed by the sangguniang barangay by a majority vote of members; affects a
particular barangay only; sangguniang bayan or sangguniang panglungsod approves or disapproves.
Municipal Ordinance – passed by the sangguniang bayan by a majority vote of members; submitted to
the municipal mayor for approval.
City Ordinance - passed by the sangguniang panglungsod by a majority vote of members; submitted to
the city mayor for approval.
Provincial Ordinance – passed by the sangguniang panlalawigan by a majority vote of members;
submitted to the governor for approval.

Fernando v. St. Scholastica’s College – any ordinance must pass the test of validity to have the
full effect and force of law. The ordinance’s provisions being questioned in this case failed to pass this test
for being oppressive. Hence, the court ruled to strike down these provisions and commanded the LGU to
permanently desist from enforcing such provisions.
White Light Corp. v. City of Manila ‐ However well‐intentioned the Ordinance may be, it is in
effect an arbitrary and whimsical intrusion into the rights of the establishments as well as their patrons.
The Ordinance needlessly restrains the operation of the businesses of the petitioners as well as restricting

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 STATUTORY CONSTRUCTION NOTES 8 

 
the rights of their patrons without sufficient justification. The Ordinance rashly equates wash rates and
renting out a room more than twice a day with immorality without accommodating innocuous intentions.

DOCTRINE OF VAGUENESS/ VOID‐FOR‐VAGUENESS DOCTRINE - holds that a law is facially invalid if
men of common intelligence must necessarily guess at its meaning and differ as to its application.
DOCTRINE OF OVERBREADTH – a governmental purpose to control or prevent activities
constitutionally subject to state regulations may not be achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected freedoms.

Southern Hemisphere Engagement Network v. Anti‐Terrorism Council – void‐for‐vagueness

and overbreadth doctrines apply only on free speech cases, and not on penal statutes like the Human
Security Act.

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