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Statutory Construction Notes

CHAPTER 1: INTRODUCTION defeat the plainly indicated

purpose of the legislature.
A. Background
(Philippine American Drug
Definition of Construction Co. v Commission on
Internal Revenue)
- The art or process of discovering or
b. It involves the Determination of
expounding the meaning and
Legislative Intent
intention of the authors of the law
i. The primary objective of
with respect to the application to a
Construction is to ascertain
given case, where that intention is
and give effect to the
rendered doubtful, amongst others,
intention of the legislature.
by reason of the fact that the given
ii. It merely establishes the
case is not explicitly provided in the
legislative intent that the
law. (Caltex v. Palomar)
interpreted law carried into
- It is also defined as the act or result
effect. (Senarillos v
of construing, interpreting, explaining
Hermosisima)
the meaning or effect of a statute or
iii. In the Interpretation and
contract.
construction of a statute the
- Also called as Legal Hermeneutics,
intent of the law-maker
which is defined as the body of rules
should always be
which are recognized as applicable
ascertained and given effect,
to the construction and interpretation
and the courts will not follow
of legal writings.
the letter of the statute when
it leads away from the true
intent and purpose of the
Characteristics of Construction. Legislature and to
a. It is an art or Process conclusions inconsistent with
i. Construction of statutes does the spirit of the act. (Torres
not depend on a set of v.Limjap)
formulas that can be readily
The Intent of the Statute is the Law - If a statute
applied in every case.
is valid it is to have effect according to the purpose and
ii. A statute may be interpreted
intent of the lawmaker.
differently if different maxims
of constructions are applied. iv.The intent is the vital part,
iii. The very nature of the essence of the law, and
construction is to determine the primary rule of
the intention of the construction is to ascertain
legislature, lends itself to and give effect to that intent.
subjectivity and uncertainty. c. It is Necessary when the
Legislative intent cannot be
Example:
readily ascertained from the
Doctrine of last antecedent - Words used in the Law as applied
qualifying words or phrases normally refer under a Set of Facts.
to the last antecedent word or phrase,
i. The cardinal rule in statutory
unless the context otherwise provides.
construction is that when the
***the principle was not adopted to the case of Tanada v law is clear and free from
Tuvera where the court held that the phrase <unless
ambiguity, there is no room
otherwise provided= does not qualify its immediate
antecedent. *** for construction or
interpretation.
iv. The Canons of Construction
should be considered as ii. The Plain meaning rule or
auxiliary rules of construction verba legis - As the statute
which are neither universal or is clear, plain, and free from
conclusive in application. ambiguity, it must be given its
v. It should be applied only as literal meaning and applied
means of discovering without attempted
legislative intent which is not interpretation.
otherwise manifest and
iii. Where the words and
should not be permitted to
phrases of a statute are not

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obscure or ambiguous, the Purpose

meaning and the intention of a. The purpose of statutory
the legislature should not be construction is to determine the
determined from the legislative intent when the same
language employed, and cannot be readily ascertained from
where there are no ambiguity the plain language of law.
in the words there is no room b. The purpose of all rules and maxims
for construction. (Allarde v. as to the construction or
Commission on Audit) interpretation of statutes is to
discover the true intention of the law.
iv. The first and fundamental
c. Principle of Effectiveness - a
duty is to apply the law,
statute must be read in such way as
construction and
to give effect to the purpose
interpretation come only after
projected in the statute.
it has been demonstrated.
(People v. Mapa) Theories of Interpretation
v. Several tests in determining
whether a statute is
a. The Textualist Theory or
ambiguous, which calls for its
originalism
construction:
i. The words used in the
● Test of Multiple statute takes precedence
Interpretation. over any modes of
construction.
When the statute is capable
ii. The ordinary or plain
of two or more reasonable
meaning rule should control
interpretations.
its interpretation.
● Test of Impossibility iii. Textualist focus on the text of
the legal provision, as it is
When the literal application is presumed that the words,
impossible or inadequate. grammar, and punctuation
● Test of Absurdity or communicate its meaning.
Unreasonableness iv. The main objective is to find
the public meaning of the
When a literal interpretation statute or the meaning of
of the statute leads to an unjust, legal text as ordinary people
absurd, unreasonable, or understand it.
mischievous result, or one at b. Theory on Intentionalism
variance with the policy of the i. Focuses on the legislative
legislation as a whole. intent in the belief that
d. It is a Judicial Function policies and the elected,
i. The duty and ultimate power representative body choose
to construe laws is vested in should govern the society.
the judicial department. ii. It is the duty of the court to
ii. Defining and interpreting the discern the intent of that
law is a judicial function and representative body and
the legislative branch may interpret statutes to further
not limit or restrict the power that intent.
granted to the courts by the iii. It does not require the
Constitution. establishment of ambiguity
iii. When it is clear that a statute before it can resort to
transgresses the authority extrinsic sources of
vested in the Constitution, it construction., because the
is the duty of the courts to original intent of the framers
declare the act of the law should have
unconstitutional. primacy in the determination
of its meaning.
c. The Legal Process Theory of
Purposivism.

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i. Focuses on determining the the case and not merely

problem that the legislature is obiter dictum.
seeking to address. Dictum - an opinion of a judge which does not embody the
ii. Interpretation is made with a resolution or determination of the court and made without
view to the public policy that argument, or full consideration of the point. It is not binding
under the doctrine of stare decisis.
the statute seeks to advance.
● No doctrine or principle of law
laid down by the Court in a
B. Related Legal Principle decision rendered en banc or in a
division may be modified or
reversed except by the Court
sitting en banc.
Separation of Powers
● It is a fundamental principle in our Q: How would other similar cases be decided in light of
Doctrinal Change vis-a-vis the principle of stare decisis?
system of government. It obtains not
through express provision but by A: The Interpretation or construction of a law by courts
constitutes a part of the law as of the date the statute is
actual division of the Constitution. enacted. It is only when a prior ruling of the Court is
● It imposes a limitation to the judicial overruled, and a different view is adopted, that the new
power - the power of the courts is doctrine may have to be applied prospectively in favor of the
parties who have relied on the old doctrine and have acted in
limited to the interpretation of the good faith.
laws enacted by the legislature and
not to legislate. CHAPTER II. SUBJECT MATTER
OF CONSTRUCTION
Hierarchy of laws
● The Philippine Constitution is A. Subject of Construction; Types of
supreme over all laws, and as such, Law
acts of Congress, executive
agencies exercising quasi-legislative Statutory construction is used to interpret
functions and local legislative bodies various legal instruments including the
must be consistent with the Constitution, statutes, administrative
Constitution. regulations and ordinances.

Stare Decisis 1. Constitution

● stare decisis et non quieta non
movere - follow past precedents and Constitutional law is defined as "that
do not disturb what has been settled. branch of public law of a state which treats
● Judicial decisions applying or of the organization and frame of
interpreting the laws of the government, the organs and powers of
Constitution shall form part of the sovereignty, the distribution of political and
legal system of the Philippines. governmental authorities and functions, the
fundamental principles which are to regulate
Legis interpretatio legis vim obtinet - the interpretation
placed upon the written law by a competent court has the the relations of government and subject,
force of law. and which prescribes generally the plan and
method according to which the public affairs
● The doctrine embodies the legal
of the state are to be administered."
maxim <a principle of law which has
been established by the decision of
It forms part of political law, which is
the court of controlling jurisdiction
defined as the "branch of law which deals
will be followed in other cases
with the organization and operation of the
involving similar situation=
governmental organs of the State and
defines the relations of the state with the
inhabitants of the territory."
● Requisites in applying the
Doctrine of Stare Decisis:
The Philippine Constitution is the supreme
a. the factual circumstances of
law of the land, and the Supreme Court
the precedent and the case
described it as "the basic and paramount
to which it is applied must be
law to which all other laws must conform
substantially the same.
and to which all persons, including the
b. The precedent case must
highest officials of the land, must defer."
pertain to the main issue of

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Consequently, any act of the government known as the AdministrativeCode of

or of a public official or employee 1987.
contrary to the Constitution is illegal,
null, and void.' a brief summary of the legislative process in
the Philippines.
2. Statutes
3. Presidential Issuances
Legislative power is the power to male,
alter, and repeal laws. Section 1, Article VI Executive power is vested in the President
of the 1937 Constitution provides that of the Philippines. Executive power includes
Legislative power shall be vested in the the President's ordinance powers, which is
Congress of the Philippines which shall inherent to the President's power to ensure
consist of a Senate and a House of that laws are faithfully executed.
Representatives. The Constitution also
reserves in favor of the people the exercise Under the President's ordinance powers,
of legislative powers through initiative and the President can enact the following:
referendum.
Executive Orders - acts of the President
Currently, legislations are issued in the form providing for rules of a general or
of republic acts permanent character in the implementation
● Previously, the President was or execution of constitutional or statutory
granted extraordinary legislative powers."
powers, particularly during the
period of martial law, when former Administrative Orders - acts of the
President Ferdinand Marcos was President which relate to a particular aspect
granted the authority to enact laws in of governmental operations in pursuance of
the form of Presidential Decrees. his duties as administrative head.
● Furthermore, former President
Corazon Aquino also exercised Proclamations - acts of the President fixing
legislative power under the 1986 a date or declaring a status or condition of
Freedom Constitution (Proclamation public moment or interest, upon the
No. 3, Series of 1986)® under a existence of which the operation of a
revolutionary government, which specific law or regulation is made to
provides that the President shall depend.
continue to exercise legislative
power until a legislature is elected Memorandum Orders - acts of the
and convened under a new President on matters of administrative detail
constitution. The first congress or of subordinate or temporary interest
under the 1987 Constitution which only concern a particular officer or
convened on 27 July 1987, which office of the government."
marked the date when former
President Corazon Aquino lost her Memorandum Circulars - acts of the
legislative powers under the 1986 President on matters relating to internal
Freedom Constitution. It is important administration, which the President desires
to remember the period when former to bring to the attention of all or some of the
President Corazon Aquino exercises departments, agencies, bureaus or offices
legislative powers as executive of the government, for information or
orders issued during the effectivity of compliance.
the Freedom Constitution have the
force and effect of law, and hence General or Special Orders - acts or
cannot be amended or repealed by a commands of the President in his capacity
subsequent executive order. For as Commander-in- Chief of the Armed
example, E.O. No. 209, Series of Forces of the Philippines."
1987,7 otherwise known as the
Family Code of the Philippines, was 4. Implementing Rules and
enacted by the Presidentin the Regulations
exercise of her legislative powers.
The same can be said ofE.O. No. Implementing rules and regulations are
209, Series of 1987, otherwise issued by executive agencies tasked with

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the implementation of laws passed by reasonably to "include the general

congress. Such implementing rules and object which a statute seeks to
regulations are enacted by administrative effect, without expressing each and
agencies in the exercise of their every end and means necessary or
quasi-legislative or rule-making powers, convenient for the accomplishing of
which is "the power to make rules and that object."
regulations which results in delegated
legislation that is within the confines of the The rule in case of conflict between the
granting statute and the doctrine of title and the body of the statute.
non-delegability and separability of powers." ● As a general rule, the body of the
statute shall prevail. The ruling of the
5. Ordinances SC innCity of Baguio should be
understood as the exception to the
Local legislative power is vested in the general rule.
Sangguniang Panlalawigan for the province,
the sangguniang panlungsod for the city, the 2. Preamble
sangguniang bayan for the municipality and
the sangguniang barangay for the barangay. The preamble
● introductory part of a statute that
In Magtajas v. Pryce Properties Corporation, usually states the reasons and intent
Inc., the Supreme Court laid down the of the law."
"substantive requirements" for the ● defined as prefatory explanation or
validity of an ordinance: statement, often commencing with
the word 8whereas9 which purports to
(a) it must not contravene the constitution or state the reason or occasion for
any statute; making a law or to explain in
(b) it must not be unfair or oppressive; general terms the policy of the
(c) it must not be partial or discriminatory; enactment."
(d) it must not prohibit but may regulate
trade; 3. Enacting Clause
(e) it must be general and consistent with
public policy; and The enacting clause
(f) it must not be unreasonable. ● the part of the statute which declares
its enactment and identifies the
B. Parts of a Statute government body that enacted the
statute or regulation.
1. Title - the part of the law that
provides the name by which it is For example, statutes usually contain an
individually known. enacting clause stating "be it enacted by the
-title is not merely composed of catchwords. Senate and House of Representatives of
It expresses in language clear the very the Philippines in Congress assembled."
substance of the law itself.
4. Body
Article VI, Section 26(1) of the 1987
Constitution provides that every bill passed The body of a statute
by Congress shall embrace only one subject ● the part of statute which contains the
which shall be expressed in the titled operative parts thereof, particularly
thereof. its substantive and procedural
● The rule is borne out of the need to provisions.
prevent with "hodgepodge or log ● the main subject matter of statutory
rolling legislation" and to prevent the construction.
practice of enacting laws under false
or misleading titles. In addition to the parts enumerated below.
● However, this rule is not to be The body of a statute may include the
applied very strictly and it has been following:
held that this should receive a
reasonable and not a technical A. Short Title
construction, and that it is sufficient if ● purpose of the short title is to
the title be comprehensive enough provide for a simple and easy

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designation of the statutory the other provisions with which it is

enactment. associated.

B. Definition of Terms 5. Headnotes and Epigraphs

● This portion shall control the
definition of the words used in the Headnotes or epigraphs are short
statute. The definition of a word statements that generally
expressed in the statute shall control describe the body of the provision to which
its interpretation regardless of they are attached to.
whether the word has a different
meaning according to common 6. Repealing Clause
usage.
The repealing clause is the part of the
C. Policy Section statute which identifies
● The policy section is sometimes the prior statutes or parts thereof which are
used in lieu of the preamble. deemed repealed or
● usually enumerates the objectives of abrogated by reason of the enactment of
the statute and the policy it seeks to the new statute.
uphold.
● serve as a guide as to how the Repeals may be express or implied.
executive agency tasked with the
implementation of the statute should An express repealing clause specifically
interpret and enforce it. identifies the prior statute or the provision of
a prior statute which the new statute
D. Substantive Provisions repeals.
● substantive provisions of a statute
sets forth "the rights, powers, Even if a statute does not expressly repeal
privileges, and immunities of a prior statute, the former could impliedly
persons benefited or regulated by repeal the latter if their provisions are
the statute. inconsistent.

E. Penal Clause Two kinds of implied repeals.

● penal clause sets forth the sanctions ● The first is where the provisions of
that may be imposed against the two acts on the same subject
persons for violation of the statute. matter are irreconcilably
● sanction may be civil, administrative contradictory, the latter act, to the
or criminal. extent of the conflict, constitutes an
implied repeal of the earlier statute.
F. Administrative Section ● The second kind of implied repeal is
● administrative section usually if the latter statute covers the whole
includes the manner by which the subject matter of the earlier one and
statute will be implemented, is clearly intended to be a substitute.'
including the creation of ● The first can be referred to as
administrative agencies and implied repeal by irreconcilable
enumerating its powers and contradiction, while the second can
responsibilities. be referred to as implied repeal by
substitution.
It is a basic principle of construction that
every part of a statute must be given A saving clause is a clause in a statute
effect and a construction that will render exempting something from the statute's
a provision inoperative should be coverage or operation.
avoided, which means that inconsistent
provisions should be reconciled 7. Separability Clause
whenever possible.
This is because if a provision is taken in The separability clause, or severability
isolation from the entire statute, it might clause, is the part of a
convey a meaning that is different from statute which makes the statute's parts or
one actually intended by the legislature provisions severable so
when such provision is considered with

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that one part can be invalidated without The test in determining whether the
invalidating the whole. law is ambiguous, which requires the
application of test of absurdity, (the
8. Effectivity Clause law must be enforced even though it
is absurd and mischievous). Dura
The effectivity clause is the part of a lex sed lex, the law may be harsh
statute which announce, but it is the law.
the date of its effectivity.
However, a distinction must be made
between absurdity in the
CHAPTER III: VERBA LEGIS AND RATIO interpretation of the law and the
LEGIS; MEANING AND INTENT absurdity of the law. The absurdity in
the interpretation of the law is the
Construction, the art of process of subject matter for statutory
discovering or expounding the meaning construction. The literal application
and intention of the authors of the law of the law that lead to the absurd
with respect to the application of given result is presumed not to be the
cases, where the intention is rendered intention of the legislator. (Art. 10,
doubtful, amongst others, by reason of New Civil Code, <in case of doubt in
the fact that the given case is not the interpretation or application of
explicitly provided for in the law. laws, it is presumed that the
lawmaking body intended right and
The purpose of the statutory justice to prevail).
construction is to determine the
intention and meaning of the legislature. Note: When the true intent of the law is
clear but is not reflected in the words
· Legislative intent, when employed thereof, the situation calls for the application
as the criterion for interpretation, the for cardinal rule of construction that such
primary emphasis is on what the statue intent or spirit must prevail over the letter
meant to members of the legislature who thereof, <for whatever is within the spirit of
enacted it. the statute is within the statute=, since in a
case that an adherence to the letter would
· Meaning of the statue, generally
result to absurdity, injustices and
manifest greater concern for what
contradictions, this would defeat the plain
members of the public to whom it is
and vital purpose of the statute.
addressed, understand.
RATIO LEGIS: SPIRIT OF THE LAW
VERBA LEGIS (plain meaning rule)
The reason of the law is the soul of the law.
· If the statue is clear, plain and free
A statute must be read according to its spirit
from ambiguity, it must be given its literal
of intent, and that what is within the spirit is
meaning and applied without interpretation.
within the statute although it is not within its
· Verba legis non est recedendum or letter, and that which is within the letter but
from the words of the statue there should be not within the spirit is not within the statute.
no departure. (Kung ano man ang intensyon intendidong
nasa ley dawa dae nakasurat, asin kung
· The intent of the authors of legislation ano man ang nakasurat alagad suway sa
is gleaned from what is said, not from what intensyon, dae kaiba sa ley). A principle
they may have intended to say. when the legislative intent cannot be
ascertained purely from the letter of the law.
· It is the starting point in the
interpretation of the statute. Art. 10, New Civil Code, <in case of
doubt in the interpretation or
Basis: index animo sermo est or <speech is application of laws, it is presumed
the index of the intention. (it rests on the that the lawmaking body intended
valid presumption that the words employed right and justice to prevail. When the
by the legislature in a statue correctly law is silent or ambiguous, this is
express the intent or will and preclude the one of those fundamental solutions
court from construing it differently.) that would respond to the vehement
urge of conscience. It is associate in

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the Salutary principle or a valid determine the true meaning

presumption that, undesirable of the law. The Court must
consequences were never intended result to ratio legis and find
by a legislative measure and that a out the intention behind the
construction of which the statute is law. Only one concept either
fairly susceptible is favored, which be verbal egis or ratio
will avoid all objectionable, legis,can be employed in
mischievous, indefensible, wrongful, interpreting the law, therefore
evil, and injurious consequences. they are mutually exclusive
concepts.
Preamble is the key of the statue.
While preamble of the statute is not LEGISLATIVE ERROR: ENROLLED BILL
strictly a part thereof, it may, when
the statute is in itself ambiguous and · The enrolled bill doctrine, is a
difficult interpretation, be resorted to, principle of interpretation which provides
but not to create a doubt or that the bill duly signed by the Senate
uncertainty, otherwise does not President and the Speaker of the House
exist. and the secretaries of the said bodies, it
shall be conclusive proof of the provision of
Legislative intent must be ascertained from such act and of due enactment thereof.
the consideration of the statute as a whole,
and not of an isolated part of the particular A bill is enrolled when printed and finally
provision alone. A word or phrase might approved by the Congress and thereafter
easily convey a meaning quite different from authenticated with the signatures of the
the one actually intended and evident when Senate President, Speaker of the House,
the word or phrase is considered with those and the secretaries of their respective
with which it is associate. chambers.

Statutes are to be construed in the o In clerical errors

light of purposes to be achieved and committed by the legislator,
the evil sought to be remedied. the Court is not exactly
indulging in the judicial
Meaning: When construing a statute, legislation. They are merely
the reason for its enactment should endeavoring to rectify and
be kept in mind, and the statute correct a clear clerical error
should be with reference to the in the wording of a statute, in
intended scope and purpose. order to give due course and
carry out the evident
FRAMEWORK intention of the Legislature.
Since under the rules, it is
· Ratio legis is oftentimes used a not the letter but rather the
justification to abandoning a verba legis spirit of the law and intention
interpretation in the statutory provision. of the Legislature that is
important and which matters.
· Ratio legis and verba legis is a
mutually exclusive concept. o If there has been any
mistake in the printing of the
Reason: If the law is clear,
bill before it was certified by
there is no room for
the officers of the Congress
construction not because
and approved by the
verbal legis takes
Executive, on which we
precedence over ratio legis,
cannot speculate, without
but rather because the literal
jeopardizing the principle of
interpretation of the words
separation of powers and
used in the law correctly
undermining one of the
expresses the intention of the
cornerstones of our
legislature. On the other
democratic system, the
hand, if the words used in the
remedy is by amendment or
statute are not clear, verbal
curative legislation.
egos may not be enough to

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Statutes must be construed in a

manner consistent with the constitution.
CHAPTER IV: PRINCIPLES OF
CONSTRUCTION ● Basis:

A. General Principles of This principle is based on the

Construction fundamental criterion that all reasonable
doubts, should be resolved in favor of the
constitutionality of a statute, considering
1. Law Construed as a Whole that all laws have in their favor the
presumption of constitutionality

● General Rule:

Law must be construed as a whole and the 4. Construction to Render Provision

words, phrases and clauses in a law should Effective
not be studied in isolation but rather
analyzed in the light of the other cognate
● General Rule:
provisions of the statute in order to
understand that meaning attached to them A statute must be construed in a
by the legislature. way so as to render it effective.

● Reason for the General Rule: ● Ut Res Magis Valeat Quam Pereat
- The thing may rather have an
Statutes are passed as a whole and not as
effect than be destroyed.
disjointed parts or sections and is animated
● Care should be taken that every part
(brought to life) by one general purpose and
thereof is given effect, based on the
intent.
theory that the statute was enacted
as an integrated measure and not as
a hodge-podge of conflicting
● When the definition of a term in provisions.
statute is in question, one must first
look into the same statute, by
looking how such term is used in
B.Legislative Policies and Presumptions.
other provisions of the same statute.
● Corollary Principle:

statute should be construed not only to be 1. Penal Laws

consistent with itself but also to harmonize it ● Nullum crimen nulla poena sine
with other laws on the same subject matter, lege (There is no crime where there
as to form a complete, coherent and is no law punishing it)
intelligible system. ● Legislative Policy
Interpretare et concordare leges legibus est optimus There must be a clear definition of
interpretandi modus - every statute must be construed and
harmonized with other statutes as to form a uniform set of the acts constituting the punishable
jurisprudence. offense as well as the penalty that
may be imposed.
2. Presumption of Justice
● ARTICLE 5 of the Revised Penal
● Substantive Basis Code.

Article 10 of the Civil Code : “In case of Duty of the court in connection with
doubt in the interpretation of laws, it is acts which should be repressed but
presumed that the law making body which are not covered by the law,
intended right and justice to prevail.= and in cases of excessive penalties.

3. Construction Consistent with the - Whenever a court has

Constitution knowledge of any act which it
may deem proper to repress
and which is not punishable
● General Rule: by law, it shall render the
proper decision, and shall

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report to the Chief Executive, statutes expressly

through the Department of and clearly import.
Justice, the reasons which 2. In cases of tax exemptions:
induce the court to believe statutes should be construed
that said act should be made strictly against the claimant.
the subject of penal a. because the taxpayer is clearly
legislation. subject to the tax being levied
● Presumption against him.
b. Exemptions must be shown to exist
Penal laws are to be construed
clearly and categorically, and
strictly against the state and liberally in favor
supported by clear legal provision.
of the accused.
(clearly, expressly, unambiguously)
● Every Reasonable doubt must be c. Basis:
resolved in favor of the accused.
the life-blood theory of
● In the interpretation of penal
taxation - taxes constitute the
statutes, the tendency is to subject it
life-blood of the government and
to careful scrutiny and to construe it
their prompt and certain availability
with such strictness to safeguard the
is an imperative need.
rights of the accused.
● Acts in and of themselves innocent **note: the power of the state to collect
taxes is inherent to defray the expenses of the
and lawful cannot be held to be
government.
criminal unless there is a clear and
unequivocal expression of the d. In cases when the Congress
legislative intent to make them such. grants exemption in favor of a
● Whatever is not plainly within the national instrumentality: The rule
provision of a penal statute should that tax exemption is strictly
be regarded as without its construed against taxpayer does not
intendment. apply.
● Purpose of strict construction
i. Such exemption should be
Not to enable a guilty person to construed liberally in favor of the
escape punishment through a technicality national government
but to provide a precise definition of instrumentality
forbidden acts.
ii. The reason for the rule does not
● Exception: apply in the case of exemptions running to
the benefit of the government itself or its
Penal laws should not be construed
agencies.
strictly to such great extent that it defeats
the clear legislative purpose in the 3. Social Legislation
passage of a law. ● Labor Code of the Philippines

All doubts in the implementation and

interpretation of the Provision of the
2. Tax Laws
Labor Code including its
● Legislative Policy
implementation and interpretation of
A statute will not be construed as the provisions of the Labor Code
imposing a tax unless it does so including its implementing rules and
<clearly, expressly, and regulation must be in favor of labor.
unambiguously= (Doctrine of Strict
● Workmen’s Compensation Act
Interpretation )
Laws on workmen9s compensation
● Presumption
should be construed fairly,
1. Statutes are to be construed
reasonably, or liberally, in favor, or
most strongly against the
for the benefit of employees or their
government and in favor of
dependents.
the subjects or citizens.
a. because burdens are 4. Rules of Court
not to be imposed nor ● Rules of Court shall be
presumed to be liberally construed in order to
imposed beyond what promote their objective of

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securing a just, speedy, and by the courts as justification

inexpensive disposition of for judicial legislation.
every action and proceeding. ○ Because adoption laws are
● Exception: Where a rigid clear and it cannot be
application of the rule will modified without violating the
result in a manifest failure or proscription against judicial
misscarriage of justice, the legislation. (Republic v
rule may be relaxed Vergara)
especially if a party 6. Local Autonomy
successfully shows that the ● Rules in Interpretation of the
alleged defect in the Local Government Code (Section5,
questioned final and LGC)
executory judgement is not
apparent on its face or form
the recitals contained therein. 1. Any provision on a power of a
○ Technicalities may local Government unit shall be
thus be disregarded liberally interpreted in its favor,
in order to resolve the and in case of doubt, any question
case because thereon shall be resolved in favor
litigations should, of devolution of powers and of the
as much as lower local government.
possible, be
***Devolution of powers - refers to the transfer of
decided on merits powers and funding from the national government to local
and not on government.
technicalities.
In statutory construction, where the
● While rules of procedure are
law is capable of two interpretations, one in
to be liberally construed,
favor of the national government and the
provisions providing
other beneficial to local autonomy, the
reglementary periods are
scales must be weighed in favor of local
to be strictly applied.
autonomy.
○ Because
reglementary periods
are deemed
2. In case of doubt, any tax ordinance
necessary to the
or revenue measure shall be
orderly and speedy
construed strictly against the
discharge of judicial
local government unit enacting it,
business.
and liberally in favor of the
taxpayer.
● The power to tax and license as
5. Adoption Laws
means of raising revenue is not
● Adoption statutes, being humane
inherent in municipal corporations,
and salutary in nature, are to be
such that it may only be exercised
liberally construed on the account of
by them if such power expressly
the beneficent purposes of adoption.
conferred in plain terms or by
● Because the interest and welfare of
necessary implication from the
the adopted child should be primary
powers expressly granted.
and paramount consideration and
● A grant of power of this nature is as
every reasonable intendment should
a rule strictly construed against
be sustained to promote and fulfill
its exercise and in the favor of the
the noble and compassionate
public especially where the
objectives of adoption statutes.
purpose is to raise revenue.
● The law should be construed
liberally, in a manner that will sustain
rather than defeat the purpose of the
3. The General Welfare provision of
said purpose.
this Code shall be liberally
● Exception:
interpreted to give more powers
○ the rule on liberal
to local government units in
construction cannot be used
accelerating economic

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development and upgrading the periods in which it destroys proofs of

quality of life for the people in the guilt.
community;

*** SECTION 16. General Welfare. - Every local

government unit shall exercise the powers expressly ● Reason for the existence of
granted, those necessarily implied there from, as well as Prescriptive Period: delay in
powers necessary, appropriate, or incidental for its efficient
instituting prosecution is not only
and effective governance, and those which are essential to
the promotion of the general welfare. productive of expense to the
state, but of peril to public justice
● While local governments are given in the attenuation and
the power to create their own distortion,even by mere natural
sources of revenues and to levy lapse of memory, or testimony.
taxes, fees and charges, such ● It is the Policy of the Law that
powers shall be subject to <such prosecutions should be prompt and
guidelines and limitations as that statutes enforcing such
Congress may provide=, Consistent promptitude should be vigorously
with the basic policy of local maintained.
autonomy.

7. Prescriptive Period
● Prescriptive Period - period 8. Constitutional Construction
wherein The state is deemed to
have lost or waived its right to
prosecute an act prohibited and a. Framework - Framework for
punished by law. Interpreting the Constitution
(Francisco, et al v House of
Civil Suits
Representatives)
● The statute is interposed by the
1. Verba Legis- The words used in
legislature as an impartial arbiter
the Constitution must be given their ordinary
between contending parties.
meaning except where technical terms are
● In the Construction of the statute,
employed.
there is no intendment to be made in
favor of either party. Neither grants ● Essential Reasons for the rule:
the right to other; there is therefore (a) It is to be assumed that the
no grantor against whom the words in which the constitutional
ordinary presumptions of provisions are couched express
construction are to be made. the objective sought to be
● It is otherwise when a statute of attained.
limitation is granted by the state. (b) The Constitution is not primarily a
lawyer’s document, it being
Criminal Suits
essential for the rule of law to obtain
● The state is the grantor, that it should ever be present in the
surrendering by acts of grace its people9s consciousness, its
right to prosecute, and declaring the language as much as possible
offense to be no longer the subject should be understood in the
of prosecution. sense they have in common use.
● The statute of limitations are to be
2. Ratio Legis - The words of the
liberally construed in favor of the
Constitution should be interpreted in
defendant, not only because such
accordance with the intent of the framers.
liberality of construction belongs to
all acts of amnesty and grace, but ● The primary task in constitutional
because the very existence of the Construction is to ascertain and
statute is a recognition and thereafter assure the realization of
notification by the legislature of the the purpose of the framers and of
fact that time, while it gradually the people in the adoption of the
wears out proofs and innocence, has Constitution.
assigned to it fixed and positive ● A doubtful provision will be
examined in the light of the history of

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the times, and the condition and ● Self Executing - the constitutional
circumstances under which the provision9s nature and extent of the
constitution was framed. right conferred and the liability
imposed are fixed by the
3. Ut magis quam pereat
constitution.
● The Constitution is to be interpreted ● Unless it is expressly provided that a
as a whole. legislative act is necessary to
● No provision in the Constitution is to enforce constitutional mandate, the
be separated from all the others, to presumption now is that all
be considered alone, but that all the provisions of the constitution are
provisions bearing upon a particular self-executing.
subject are to be brought into view ● If the constitutional provisions are
and to be so interpreted as to treated as requiring a legislation
effectuate the great purpose of the instead of self-executing, the
instrument. legislature would have the power to
ignore and practically nullify the
mandate of the fundamental law.
● The proper interpretation depends ● In case of doubt, the constitution
on how it was understood by the should be considered
people adopting it than in the self-executing rather than non
framers understand. self-executing, unless the contrary
is clearly intended, the provisions of
the Constitution should be
● Principles of Constitutional considered self-executing.
Construction (David) C. Administrative Construction
1. Verbal Legis is the starting point of
Constitutional construction. ● General Rule: the construction of
2. A constitutional provision must be ambiguous provisions of statutes
read in relation with the entirety of by administrative agencies tasked
the Constitution. with implementing them are
3. In reading constitutional provisions, entitled to great weight and
one must also look into (a) respect by the courts, unless it is
jurisprudence that considered the contrary to law or manifest
exact same text. (b) the evolution erroneous.
of the text in various statutory ● Rationale: Relates not only to the
enactments and its legal history. emergence of multifarious needs of
4. Contemporaneous construction must a modern or modernizing society
be resorted to when the language and the establishment of diverse
used in the Constitution is capable of administrative agencies for
multiple meanings. addressing and satisfying those
5. One must be careful from inferring needs; it also relates to
meaning from the supposed intent of accumulation of experience and
the framers of the Constitution, as growth of specialized capabilities by
this is the weakest approach in the administrative agency charged
Constitutional construction. with implementing a particular
statute.
● Exceptions: Administrative
b. Self Executing v. Non Self Executing construction of statutes is not
necessarily binding upon courts. The
● General Rule: the provisions of the following are instances when the
constitution are intended to be courts may set aside the actions of
self-executing. administrative agencies:
● Non Self-Executing - Some ○ error of law
constitutions are merely declarations ○ abuse of power
of policies and principles. Their ○ lack of jurisdiction
provisions command the legislature ○ grave abuse of discretion
to enact laws and carry out the clearly conflicting with either
purpose of the framers. (Article II of the letter of the spirit of a
the 1987 Constitution) legislative enactment.

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● Administrative Construction is
unwarranted if the law is
unambiguous, primarily because an
administrative agency is precluded
from restricting or enlarging the
meaning of a legislative enactment.
● Administrative agencies cannot, in
the guise of construction, deviate
from law.
● The interpretation of an
administrative government agency,
which is tasked to implement the
statute, is accorded great respect
and ordinarily controls the
construction of the courts.

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