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Module 5

This document discusses the construction and interpretation of laws. [1] Construction is the process of determining how the words of a law apply to specific situations, while interpretation is finding the true meaning of words. [2] The purpose of construction is to ascertain the intent of the law-making body. [3] Rulings from the Supreme Court become part of the law itself, as they interpret what the law says or means.

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RENER JEIEL BORAIS
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67 views2 pages

Module 5

This document discusses the construction and interpretation of laws. [1] Construction is the process of determining how the words of a law apply to specific situations, while interpretation is finding the true meaning of words. [2] The purpose of construction is to ascertain the intent of the law-making body. [3] Rulings from the Supreme Court become part of the law itself, as they interpret what the law says or means.

Uploaded by

RENER JEIEL BORAIS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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STATCON Module 5

CONSTRUCTION AND INTERPRETATION

Definition – 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 ambiguity in its language or the fact that
the given case is not explicitly provided in the law.

Construction vs Interpretation

Interpretation is the art of finding the true meaning and sense of any form of words, while construction
is the process of drawing warranted conclusion not always included in direct expression, or determining
the application of words to facts in litigation.

PURPOSE OF CONSTRUCTION

The cardinal rule in the interpretation of all laws is to ascertain, and give effect to, the intent of the law.
Ascertainment of the true intent of the legislature. To ascertain the meaning and will of the law-making
body, to the end that it may be enforced. Discover the true intention of the law.

Rulings of the Supreme Court part of Legal System

Rulings of the court of last resort of applying or interpreting a statute become part of the statute itself.
Legis interpretato legis vim obtinet – authoritative interpretation of the Supreme Court of a statute
acquires the force of law by becoming a part thereof as of the date of its enactment.

Rulings of the Supreme Court are laws in their own right because they interpret what the law says or
mean.

If the facts would be substantially the same, courts will adhere to that principle and apply it to all future
cases

AIDS TO CONSTRUCTION

Generally

When the meaning of statute is ambiguous, the court is allowed to use all legitimate aids to construction
in order that it can ascertain the true intent of the statute.

These aids are found in the printed page of the statute itself, known as intrinsic aids and those
extraneous facts and circumstances outside the printed page called extrinsic aids

1. Title
Title serves as aid, in case of doubt in its language, to its construction and to
ascertaining legislative will. The title can be resorted to as an aid where there is doubt as
to the meaning of the law or as to the intention of the legislature enacting it
2. Preamble
 Part of statute after the title, which states the purpose, reason or justification for the
enactment of the law.
STATCON Module 5

3. Illustration Rule
4. Context of whole text
 Best source is the statute itself – words, phrases, sentences, sections, clauses, provisions
– taken as a whole and in relation to one another.
5. Punctuation Marks
 Example – semi-colon is used to indicate a separation in the relation of the thought, a
degree greater that that expressed by a comma. Semi-colon make the division more
pronounced.
6. Illustrative Examples
7. Capitalization of Letters
 Similar with punctuation marks, Capitalization is also an aid of low degree in the
construction of statute.
 Example – capital C and S in Civil Service in the Constitution means that Constitution
indicates the group – No capitals are used to indicate the system
8. Lingual Text
 Statutes in the Ph is written in Spanish, English or Filipino. The English Text shall govern,
however the language in which it was originally written shall govern for example –
Revised Penal Code was originally written in Spanish thus Spanish Text shall govern.
9. Intent or Spirit of Law
 Judiciary cannot assume an intent in no way expressed and then construe the statute to
accomplish the supposed intention. Why the law is written in the first place, what it
wanted to solve.
10. Policy of Law
 Giving statute of doubtful meaning, a construction that will promote public policy.
11. Purpose of Law
 Purpose or objective of law or the mischief intended to be removed or suppressed.

12. Dictionaries
 Defines words in their natural plain meaning
13. Presumptions
 Court may properly rely on presumption as to legislative intent in order to resolve
doubts as to its correct interpretation. Presumption based on logic, experience and
common sense

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