Statutory Construction

– 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.
Justice Martin defines statutory construction 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.

STATUTORY INTERPRETATION
The basic canon of statutory interpretation is that the word used in the law must be
given its ordinary meaning, unless a contrary intent is manifest from the law itself.
CONSTRUCTION AND INTERPRETATION, DISTINGUISHED
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.
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, Phil. Const.)
• Judicial power is vested in one Supreme Court and in such lower courts as may
be established by law. (Art VIII, Sec. 1, Phil. Const.)
Simply stated, the situs of construction and interpretation of written laws belong to 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.
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.

CHARACTERISTICS OF CONSTRUCTION:
1. IT IS AN ART OR PROCESS
construction of statutes is not an exact science.
it does not depend on a set of formulas that can be readily applied In every case
The principles of statutory construction should not be used if its application will run
counter to the clear legislative intent which can be determined from the other parts of
the law.
the very nature of construction, that is, to determine the intention of the
legislature, lends itself to subjectivity and uncertainty.
2. IT INVOLVES THE DETERMINATION OF LEGISLATIVE INTENT
the primary objective of construction is to ascertain and give effect to the
intention of the legislature. The determination of legislative intent is the primary
consideration.
the intention of the legislature in enacting a law is the law itself, and must be enforced
when ascertained, although it may not be consistent with the strict letter of the statute.
courts will not follow the letter of a statute when it leads away from the true intent
and purpose of the legislature and to conclusions inconsistent with the general purpose
of the act.
INTENT is the spirit which gives life to a legislative enactment.
3. IT IS NECESSARY WHEN THE LEGISLATURE INTENT CANNOT BE READILY
ASCERTAINED FROM THE WORDS USED IN THE LAW AS APPLIED UNDER A
SET OF FACTS
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.
As the statute is clear, plain, and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation. This is what is known as the
plain-meaning rule or verba legis.
Tests in determining whether a statute is ambiguous:
 1. When the statute is capable of two or more reasonable interpretations, such that
men of common intelligence must necessarily guess at its meaning differ as to its
application (test of multiple interpretations)
2. When literal application is impossible or inadequate (test of impossibility)
3. When a literal interpretation of the statute leads to an unjust, absurd,
unreasonable or mischievous result, or one at variance with the policy of the
legislation as a whole (test of absurdity or unreasonableness).
4. IT IS A JUDICIAL FUNCTION.
under the Philippine system of government, the duty and ultimate power to
construe the laws is vested in the judicial department, just as the duty and ultimate
power to legislate is vested in the legislature.
Purpose
the purpose of statutory construction is to determine legislative intent when
the same cannot be readily ascertained from the plain language of the law.
under the principle of effectiveness, a statute must be read in such a way as to
give effect to the purpose projected in the statute.
the purpose of construction is to discover the intention of the law, and not to
create doubt.
THEORIES OF INTERPRETATION
1. Textualist theory
the words used in the statute takes precedence over any other modes of
construction.
the ordinary or plain meaning of construction should control its interpretation.
textualists focus on the text of the legal provision, as it is presumed that the
words, grammar, and punctuation communicate its meaning.
2. Intentionalism
focuses on legislative intent in the belief that the policies of the elected
representatives should govern the society.
intentionalism does not require the establishment of ambiguity before it can
resort to extrinsic sources of construction, because it is the original intent of the framers
of the law that should have primacy in the determination of its meaning.
The supreme court recognized that legislative deliberations may not be a reliable source
of interpretation as it only serves as evidence of the intention of but a few members of
congress who actively participated in the deliberation of a law, and whose views may
not be necessarily shared by the other members of congress.
3. Purposivism
focuses on determining the problem that the legislature is seeking to
address
An analysis of the Philippine supreme court decisions shows that we do not adopt a
single, unitary theory of construction.
It may be argued that while our courts are moderate textualists in theory, in focusing on
the plain meaning theory of construction, they are, on the other hand, intentionalists and
purposivists in approach.
This is evidenced by the fact that the court prioritizes the plain meaning rule as the
objective manifestation of legislative intent, the court has not hesitated to state if the
language of the statute is inconsistent with its spirit or ratio legis, then the latter should
prevail.
DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE LAW; REQUISITES
1. There must be an actual case or controversy,
2. There is ambiguity in the law involved in the controversy.
Ambiguity exists if reasonable persons can find different meanings in a statute,
document, etc.
A statute is ambiguous if it is admissible of two or more possible meanings.
If the law is clear and unequivocal, the Court has no other alternative but to apply the
law and not to interpret.
Construction and interpretation of law come only after it has been demonstrated that
application is impossible or inadequate without them.
DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION
Hermeneutics – 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.
Dr. Lieber in his work on Hermeneutics gives the following classification of the
different kinds of interpretation:
1. Close interpretation – adopted if just reasons connected with the character and
formation of the text induce as to take the words in the narrowest meaning. This is
generally known as “literal” interpretation.
2. Extensive interpretation – also called as liberal interpretation, it adopts a more
comprehensive signification of the words.
3. Extravagant interpretation – substitutes a meaning evidently beyond the true
one. It is therefore not genuine interpretation.
4. Free or unrestricted interpretation – proceeds simply on the general principles of
interpretation in good faith, not bound by any specific or superior principle.
5. Limited or restricted interpretation - influenced by other principles than the strictly
hermeneutic ones.
6. Predestined interpretation – takes place when the interpreter, laboring under a
strong bias of mind, makes the text subservient to his preconceived views and desires.
REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A STATUTE
Local councils exercise only delegated legislative powers conferred on them by
Congress as the national law making body.
The delegate cannot be superior to the principal.
ROLE OF FOREIGN JURISPRUDENCE
Philippine laws must necessarily be construed in accordance with the intention of its
own law makers and such intent may be deduced from the language of each law and
the context of other local legislation related thereof.
Related legal principles
1. Separation of powers
2. Hierarchy of laws
the Philippine constitution is supreme over all laws, and as such, acts of
congress, executive agencies exercising quasi-legislative functions and local legislative
bodies must be consistent with the constitution.
3. Stare decisis
the maxim stare decisis et non quieta non movere (follow past precedents
and do not disturb what has been settled) embodied in article 8 of the civil code
which provides that “judicial decisions applying or interpreting the laws or the
constitutions shall form part of the legal system of the Philippines”.
it is based on the principle that once a question of law has been examined and decided,
it should be deemed settled and closed to further argument.
the principle is one of policy grounded on the necessity for securing certainty and
stability in judicial decisions.
 legis interpretation legis vim obtinet or the interpretation placed upon the
written law by a competent court has the force of law.
Subject matter of construction
What is a statute?
A statute is a written law passed by a legislature. It sets forth general propositions of
law that courts apply to specific situations. A statute may forbid a certain act, direct a
certain act, make a declaration, or set forth governmental mechanisms to aid society.
A statute begins as a bill proposed or sponsored by a legislator. If the bill survives
the legislative committee process and is approved by both houses of the legislature, the
bill becomes law when it is signed by the executive officer (the president). When a bill
becomes law, the various provisions in the bill are called statutes. The term statute
signifies the elevation of a bill from legislative proposal to law
Parts of a Statute
1. Title — The title of the statute is the heading on the preliminary part, furnishing the
name by which the act is individually known.
2. Preamble — That part of the statute explaining the reasons for its enactment and the
objects sought to be accomplished.
3. Enacting Clause — That part of the statute which declares its enactment and serves
to identify it is an act of legislation proceeding from the proper legislative authority.
4. Body — The main and operative part of the statute containing its substantive and
even procedural provisions. Provisos and exemptions may also be found in the body of
the statute.
5. Repealing Clause — That part of the statute which announces the prior statutes or
specific provisions which have been abrogated by reason of the new law.
6. Saving Clause — a 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 — That part of the statute which provides that in the event that
one or more provisions are declared void or unconstitutional, the remaining provisions
shall still be in force and effect.
8. Effectivity Clause — That part of the Statute which announces the effective date of
the law.
Kinds of Statutes
General Law — is one that affects the community at large. A law that relates to a
subject of a general nature, or that affects all people of the state or all of a particular
class.
Special Law — is one which is different from others of the same general kind, designed
for a particular purpose, limited in range, or confined to a prescribed field of action on
operation.
Local Laws — are those which relates or operates over a particular locality.
Public Laws — consist of constitutional, administrative, criminal and international law,
concerned with the organization of the State, the relations between the people and the
state, the responsibilities of public officers to the state, and the relations of states with
one another.
Private Laws — are those which defines, regulates, enforces, and administers
relationships among individuals, associations and corporations.
Remedial Statutes — are those which refer to the method of enforcing rights or of
obtaining redress of their invasion. It can be made to applicable to cases pending at the
time of its enactment.
Curative Statutes — are those which undertake to cure errors and irregularities,
thereby validating judicial or administrative proceedings, acts of public officers, or
private deeds and contracts which otherwise would not produce their intended
consequences by reason of some statutory disability or failure to comply with some
technical requirement. They operate on conditions already existing, and are necessarily
retroactive in operation.
Penal Statutes — are those which defines criminal offenses and specify corresponding fines
and punishments. It is enacted to preserve the public order, which defines an offense against
the public and inflicts a penalty for its violation.

Prospective Laws — are those which applies only to acts or omissions committed after
its enactment.
Retrospective Laws — are those which look backwards or contemplates the past.
Laws which are made to affect acts or facts occurring, or rights occurring, before it
came into force.
Affirmative Statutes — are those couched in affirmative or mandatory terms. One
which directs the doing of an act, or declares what should be done.
Mandatory Statutes — are those which require, and not merely permit, a course of
action
Constitutional Limitations of Statutes
1. No ex post facto law or bill of attainder shall be enacted.
2. Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
3. No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public calamity
or emergency. Upon the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately thereafter, and the yeas
and nays entered in the Journal.
4. Every bill passed by the Congress shall, before it becomes a law, be presented to
the President. If he approves the same, he shall sign it; otherwise, he shall veto it and
return the same with his objections to the House where it originated, which shall enter
the objections at large in its Journal and proceed to reconsider it.
If, after such reconsideration, two-thirds of all the Members of such House shall
agree to pass the bill, it shall be sent, together with the objections, to the other
House by which it shall likewise be reconsidered, and if approved by two-thirds of
all the Members of that House, it shall become a law.
In all such cases, the votes of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall become a law
as if he had signed it.
Legislative and Other Powers of Congress
The powers of the Congress of the Philippines may be classified as:
General legislative power
It consists of the enactment of laws intended as a rule of conduct to govern the relation
between individuals (i.e., civil laws, commercial laws, etc.) or between individuals and
the state (i.e., criminal law, political law, etc.)
Implied powers
It is essential to the effective exercise of other powers expressly granted to the
assembly
Inherent powers
These are the powers which though not expressly given are nevertheless exercised by
the Congress as they are necessary for its existence such as:
• to determine the rules of proceedings;
• to compel attendance of absent members to obtain quorum to do business;
• to keep journal of its proceedings; etc.
Specific legislative powers
It has reference to powers which the Constitution expressly and specifically directs to
perform or execute.
Powers enjoyed by the Congress classifiable under this category are:
• Power to appropriate;
• Power to act as constituent assembly; (The Senate and the House of Representatives
must convene and vote on joint or separate session to do this.
• Power to impeach; (to initiate all cases of impeachment is the power of the House of
Representatives; To try all cases of impeachment is the power of the Senate.)
• Power to confirm treaties;(Only the Senate is authorized to use this power.)
• Power to declare the existence of war; (The Senate and the House of Representatives
must convene in joint session to do this.)
Power to concur amnesty; and
• Power to act as board of canvasser for presidential/vice-presidential votes. (by
creating a joint congressional committee to do the canvassing.)
• Power to contempt
• Blending of power
• Delegation of power
• Budgetary power
• Power to taxation
Executive power
Powers of the Congress that are executive in nature are:
• Appointment of its officers;
• Affirming treaties;
• Confirming presidential appointees through the Commission on Appointments;
• Removal power; etc.
Director/Supervisory power
The Congress of the Philippines exercises considerable control and supervision over
the administrative branch – e.g.:
• To decide the creation of a department/agency/office;
• To define powers and duties of officers;
• To appropriate funds for governmental operations;
• To prescribe rules and procedure to be followed; etc.
Electoral power
Considered as electoral power of the Congress of the Philippines are the Congress’
power to:
• Elect its presiding officer/s and other officers of the House;
• Act as board of canvassers for the canvass of presidential/vice-presidential votes; and
• Elect the President in case of any electoral tie to the said post.
Judicial power
Constitutionally, each house has judicial powers:
• To punish its Members for disorderly behavior, and, with the concurrence of two-thirds
of all its Members, suspend or expel a Member
• To concur and approve amnesty declared by the President of the Philippines;
• To initiate, prosecute and thereafter decide cases of impeachment; and
• To decide electoral protests of its members through the respective Electoral Tribunal.
Miscellaneous powers
The other powers of Congress mandated by the Constitution are as follows:
• To authorize the Commission on Audit to audit fund and property;
• To authorize the President of the Philippines to fix tariff rates, quotas, and dues;
• To authorize the President of the Philippines to formulate rules and regulations in
times of emergency;
• To reapportion legislative districts based on established constitutional standards;
To implement laws on autonomy;
• To establish a national language commission;
• To implement free public secondary education;
• To allow small scale utilization of natural resources;
• To specify the limits of forest lands and national parks;
• To determine the ownerships and extent of ancestral domain; and
• To establish independent economic and planning agency.

1. PREPARATION OF THE BILL

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
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 notices 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 substitute 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:
a. Period of Sponsorship and Debate
b. Period of Amendments
c. Voting which may be by:
i. viva voce
ii. count by tellers
iii. division of the House; or
iv. 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.
A. The bill is approved by an affirmative vote of a majority of the Members
present.
B. 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 Gazette 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
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.
Void for vagueness doctrine
The doctrine has been formulated in various ways, but is most commonly stated
to the effect that a statute establishing a criminal offense must define the offense with
sufficient definiteness that persons of ordinary intelligence can understand that conduct
is prohibited by the statute. It can only be invoked against that specie of legislation that
is utterly vague on its face, i.e., that which cannot be clarified either by a saving clause
or by construction.

Basic Principles Used in Interpretation and Construction

1. Verba legis
Verba legis non est recedendum
From the words of a statute there should be no departure.
It is well-settled that where the language of the law is clear and unequivocal, it must be
given its literal application and applied without interpretation.
It is also known as the “plain meaning rule”

2. Pari materia rule

In pari materia.
Upon the same matter or subject. Statutes in pari materia are to be construed
together.
A RULE OF STATUTORY CONSTRUCTION WHICH COMMANDS THAT STATUTES
MUST BE HARMONIZED WITH EACH OTHER
3. Expressium facit cessare tacitum
is a legal maxim that means “what is expressed makes what is implied silent.”
This form of construction is used while interpreting statutes, contracts and deeds.
When a matter is clearly provided in a document, the clear and precise meaning
is to be adopted.
4. Casus omissus
Casus omissus pro omisso habendus est
“A case omitted is to be held as intentionally omitted.”
If a person, object, or thing is omitted from being enumerated in a statute, it must
be held or considered to have been omitted intentionally.
5. Spirit of the Law vs. Letter of the Law
“The spirit, rather than the letter of a statute determines its construction, hence, a
statute must be read according to its spirit or intent ….” [Alonzo v. IAC, G.R. No. 72873,
May 28, 1987]
6. Stare decisis
a legal principle by which judges are obliged to respect the precedent established
by prior decisions.
The words originate from the phrasing of the principle in the Latin maxim Stare
decisis et non quieta movere which means “To stand by decisions and not disturb the
undisturbed.”
In a legal context, this is understood to mean that courts should generally abide
by precedent and not disturb settled matters.
7. Legislative intent must be ascertained from a consideration of the statute as a
whole
PRESUMPTIONS IN AID OF CONSTRUCTION
1. Presumption that the legislature acted within the scope of its authority
2. Presumption against violation of international law
3. Presumption against extra territorial operation of statutes- statutes is confined in its
operation within its territorial limits of the state enacting it
4. Presumption against unconstitutionality- in favour of the constitutionality of statute,
the burden of proof is on him who claims that a statute is unconstitutional
5. Presumption against inconsistency- the legislative mind is presumed to be consistent,
its enactments are presumed to be consistent with each other
6. Presumption against injustice- the legislature intended right and justice to prevail
7. Presumption as to the motive of the legislature- that the legislature acted from
honourable motives in accordance with reason and common sense
8. Presumption in favour of beneficial operation of statutes- legislature intended to enact
a valid and permanent statute which would have the most beneficial effect
that its language permits
9. Presumption against inconvenience- where as statute is ambiguous, and admits of
more than one construction, one of which leads to great inconvenience, the court may
adopt some other construction in order to avoid such results
10. Presumption against absurdity- that the legislature does not intended an absurdity
or that its enactments produce absurd results
11. Presumption against useless impractical or meaningless legislation
12. Presumption against ineffectiveness of statutes
13. Presumption against irrepealable laws- legislature is presumed not to intend its
enactment irrepealable or to divest the state of any portion of its sovereignty
14. Presumption against repeal- a special law is not regarded as having been amended
or repealed by a general law unless the intent to repeal or alter is manifest
15. Presumption against unnecessary changes in the law- legislature did not intend to
make any alteration in the existing law beyond what is explicitly declared either
expressly or by implication
16. Presumption against implied repeal- repeals by implication are not favoured
17. Presumption of acquiescence to judicial construction- that the legislature adopts the
previous construction of the courts
18. Presumption as to existing laws- it is presumed that the legislature had full
knowledge of prior and existing laws and legislation on the subject of the statute and
acted in accordance with them
19. Presumption in favour of exceptions to general language- legislature intended
exceptions to its general language which would avoid injustice, oppression, or absurdity,
if a literal construction is adopted
20. Presumption as to jurisdiction of the courts- enactments does not intend to oust or
restrict the jurisdiction of the superior courts or to vest a new jurisdiction in them, unless
there are express words or a necessary implication to that effect
21. Presumption as to foreign laws- the laws of other states will be presumed to be in
accordance with those of the state in the forum