RULES OF CONSTRUCTION

OF SPECIFIC STATUTES
Prepared by: Michael Vincent Z. Cauilan
PENAL STATUTES
 Penal statutes
◦Penal statutes are those which impose punishment
for an offense committed against the State
◦Statutes which command or prohibit certain acts
and establish penalties for their violation are
considered as penal statutes
◦Penal statutes define crimes, treats of their nature,
and provides for their punishment
 Interpretation of Penal Statutes
◦ Penal statutes are interpreted against the State and
liberally in favor of the accused
◦ Only those persons, offenses and penalties clearly
included beyond any reasonable doubt will be considered
within the operation of the statute
◦ No person should be brought within the terms of a statute
who is not clearly within them, nor should any act be
pronounced criminal which is not clearly made so by the
statute
 General rule
◦Penal laws are construed strictly against
the State and liberally in favor of the
accused
◦Presumption of Innocence/ In Dubio Pro
Reo
◦Equipoise Rule
Presumption of Innocence/Pro Reo
◦Every person is presumed innocent until proven
otherwise
◦If the statute is ambiguous and admits of two
reasonable but contradictory constructions, that which
operates in favor of the accused under its provision is
to be preferred
 Aspects of In Dubio Pro Reo
1.Ambiguity of the law which is construed
against the State
2.Equipoise Rule
 Equipoise Rule
◦When the evidence of the prosecution and
the defense are equally balanced, the
scale should be tilted in favor of the
accused because of the presumption of
innocence
 Exceptions to the general rule
1.When the law itself provides for the strict
interpretation against the accused
2.When the accused is a habitual
delinquent
 FORMS OF
HABITUALITY
 Forms of Habituality
1.Recidivism
2.Reiteracion
3.Habitual Delinquency
4.Quasi-recidivism
 Recidivism
◦A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the Revised Penal code
◦There must be two convictions
 Final Judgment
◦ Final judgment means the judgment is already executory
◦ The judgment is final in any of the following:
1.When 15 days elapsed from its promulgation without the
accused appealing the conviction
2.Offender started serving sentence
3.He expressly waived his right to appeal
4.He applied for probation
 Reiteracion
◦In reiteracion, the offender has previously served
sentence
◦The first offense was punished with an equal or
greater penalty, or he committed two or more crimes
previously which he was meted with a lighter penalty
◦The rationale is that despite previous punishment, the
offender did not learn his lesson
 Habitual Delinquency
◦ Habitual delinquency has its own penalty
◦ The penalty is for the felony committed plus for the
habitual delinquency, the total of which should not
exceed 30 years
◦ A person is a habitual delinquent if within a period of 10
years from the date of his last release or last conviction
of the crimes of Falsification, Robbery, Estafa, Theft,
Serious or Less Serious Physical Injuries he is found
guilty for a third time or oftener
 Continuation of Habitual Delinquency
◦ An offender may be a recidivist and a habitual delinquent
at the same time if he was convicted for the third time of
the crimes within the same title of the Revised Penal
Code
◦ There must be at least three convictions
◦ It is the third conviction that must be within 10 years from
the release or second conviction
◦ Habitual delinquency does not apply to violations of
Special Penal Laws
 Quasi-recidivism
◦The offender has been previously convicted by final
judgment and before beginning to serve such
sentence, or while serving the same, he committed a
felony
◦The first crime may be a felony or an offense but the
second must be a felony
Reason for strict construction of penal
statute
◦The law is leans in favor of the rights of an
individual
◦The purpose of the strict construction is not to
enable a guilty person to escape punishment
through a technicality but to provide a precise
definition of forbidden acts
 Intent
◦ A penal statute will not be construed to make the
commission of certain prohibited acts without regard to
the intent of the doer
◦ To constitute a crime, evil intent must combine with an
act
◦ Actus non facit reum nisi mens sit rea (The act itself does
not make a man guilty unless his intention were so)
◦ Actus me invito factus non est meus actus (An act done
by me against my will is not my act)
 Who is liable for a felony
◦ Any person committing a felony although the wrongful act
done be different from that which he intended
◦ Factors affecting intent:
1. Aberratio Ictus (Mistake in the Blow)
2. Error in Personae (Mistake in Identity)
3. Praeter Intentionem (No intention to commit so grave a
wrong)
4. Proximate Cause
Aberratio Ictus/Mistake in the Blow
◦In mistake in the blow, the offender intended the injury
on one person but the harm fell on another
◦There are three persons involved:
1.The offender
2.The intended victim
3.The actual victim
Error in Personae/Mistake in Identity
◦Mistake in identity involves only one offended party
but the offender committed a mistake in ascertaining
the identity of the victim
◦There are only two persons involved:
1.The actual but unintended victim
2.The offender
 Praeter Intentionem
◦In praeter intentionem or no intention to commit so
grave a wrong, the injury is on the intended victim but
the resulting consequence is much graver than
intended
◦It applies to those cases where the accused had no
intent to kill but only to inflict injuries when he
attacked the victim
 Proximate Cause
◦ Proximate cause is that cause which, in its natural and
continuous sequence, unbroken by an efficient intervening
cause, produces the injury and without which the result would
not have occurred
◦ Negligence that is not a substantial contributing factor in the
causation of the accident is not the proximate cause of the
injury
Mala in se vs. Mala prohibita
Mala In Se Mala Prohibita
◦ The act by nature is illegal ◦ The act is prohibited by law
◦ Criminal intent is material ◦ Criminal intent is immaterial
◦ Good faith is a defense ◦ Good faith is not a defense
REMEDIAL
STATUTES
 Remedial Statutes
◦Remedial statutes are those designed to correct and
existing law, redress and existing grievance, or
introduce regulations conducive to the public good
◦Remedial statutes should be liberally construed
because they were enacted precisely to improve the
law
SUBSTANTIVE
STATUTES
 Substantive Statutes
◦Substantive statutes are laws which establish rights
and duties
◦In case of doubt, the judge should presume that the
lawmaking body intended right and justice to prevail
◦What the law grants, the courts cannot deny
◦When rights and duties are in clear language, there is
no need for construction or interpretation
LABOR STATUTES
 Labor Statutes
◦Labor statutes are laws that govern the rights and
obligations of employers and employees, and also
providing for rules by which such rights and
obligations may be enforced
◦All doubts in the implementation and interpretation of
the Labor Code shall be resolved in favor of labor
TAX STATUTES
 Tax Statutes
◦Tax statutes are those which impose rules and
regulations related to taxation or to creation of
particular sources of revenue that are needed for the
support of the government
Rules in the Interpretation of Tax Laws
1. In case of doubt, statutes levying taxes or duties
are to be construed strictly against the government
and liberally in favor of the taxpayer
2. In case of doubt, tax exemptions are construed
strictly against the taxpayer and liberally in favor of
the government
3. As a general rule, tax statutes must be applied
prospectively, except by express provision of law
 Tax Exemption
◦ Taxation is the rule and exemption is the exception
◦ The burden of proof lies with the party claiming the exemption to
prove that it is in fact covered by the exemption so claimed
◦ The tax exemption must be expressed in the statute in clear
language and leaves no doubt of the intention of the legislature to
grant such exemption
◦ The strict construction of a statute granting tax exemption does
not apply in the case of tax exemptions in favor of the government
itself or its agencies
 Prescriptive Period to Collect Tax
◦Statutes prescribing the period of limitation of action
for the collection of taxes are liberally construed
◦This is beneficial to the government because tax
officers would be obliged to act promptly in the
making of assessment and to citizens because they
would have a feeling of security against unscrupulous
tax agents who will always find an excuse to inspect
the books of taxpayers
THANK YOU!