Statutory Construction Pre-Final Notes

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August 20, 2014

VERBA LEGIS or plain meaning rule
where the statute is clear, plain and free from
ambiguity
it must be given its literal meaning and applied
without interpretation.
Index animi sermo est.
-speech is the index of intention

Dura lex sed lex
-the law may be harsh but it is still the law.

Ratio Legis
In construing a statute, the court looks into the spirit
of and reason for the law.
if adherence to the letter of the law leads to
absurdity, injustice, contradictions or defeat the
plain purpose of the law, Ratio Legis applies.
Apparent inaccuracies and mistakes in mere
verbiage or phraseology will be overlooked to give
effect to the spirit of the law

Mens Legislatories
Courts look into the following
a. object to be accomplished
b. evils and mischief to be remedied
c. Purpose to be subserved
Statute liberally construed to serve its purpose even
if its liberal interpretation says otherwise
When the language of a particular provision of law
admits of two interpretations, the one that gives
effect to the intent must be followed.
Statutes must be construed to avoid injustice.

Ejusdem generis.
where general term follows particular things, the
general term is construed to include those things or
persons of the same class as those specifically
enumerated.

Example: Trustees, agents, attorneys at law and other
persons.

Other persons only such persons in similar position
of trust like guardians.

Ejusdem generis, purpose.
gives effect: both specific and general words.
Particular words indicate the class
General Words include all embraced in said class
although not specifically name.

Redendo singula singulis
Doctrine of collocation
Association between two words that are
typically or frequently used together.
Where the sentence has several antecedents
and consequents they are to be read
distributively
Antecedent - a word or phrase that a subsequent or
consequent word refers to.
Consequent - a word or phrase that an antecedent
word precedes.
Example: "Statutory Construction is an easy
subject, but the Professor somehow makes
it difficult.

Distributive refers to each member of the group
individually and separately

Examples of distributive words: "each", "every" and
"either"

Statutory Construction is an easy subject, but the
professor somehow makes it difficult. Each Student
enrolled in the class may either pass or fail, without
fear or favor."

Expressio unius ext exclusion alterius
-mention of one thing implies exclusion of another
Example: "Female law students are required to wear
uniform on a Monday"

Noscitur a socies.
-meaning of particular terms in a statute may be
ascertained by reference to word associated with or
related to them in statute.

Casus omissus.
words or phrases may be supplied by the courts and
inserted in a statute where it is necessary to
eliminate repugnancy and inconsistency to complete
the sense and give effect to the intent.

used to supply omissions caused by clerical errors,
by accident or inadvertence only if it is palpable and
the omitted words are plainly indicated in the
context.

August 27, 2014

"may" & "shall" distinguished
"may": permissive and operats to confer discretion
"shall": imperative with a duty to enforce

Statutory Construction Pre-Final Notes

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Special or technical meaning
words and phrases having special or technical
meaning are construed in their technical sense.
this applies to terms with established trade,
business, commercial or professional significance.
Except: when intended otherwise by congress or if it
defeats legislative intent

Illustrative Case: Asiatic Petroleum Co. v Collector, 30
Phil. 510
Facts:
A tax law provides that "no tax shall be collected on such
article which before the taking effect o this Act shall have
been dispose of to persons other than manufacturers or
wholesale dealer."

Issue:
Whether sale and delivery constitute "disposed of".

Held:
No. The oil was not disposed of". Had the legislature
intended "disposed of" to mean "sold and delivered", it
would have used the latter phrase.

The legislature evidently took into consideration the
customer of merchants in using the phrase disposed
of" in its commercial sense and not technical sense.


Conjunctive "an" and Disjunctive "or"
"Or" - disjunctive article indicating an alternative.
When used, the various members of the sentence
are to be taken separately.
"And" - conjunctive article, when used, the various
members of the sentence are to be taken jointly.

"All", "Any", "Every"
"All"- universal or comprehensive sense
"Any"- restrictive interpretation in some cases
"Every" - word of inclusion

"Etcetera"
Abbreviation of the term and so forth
Depends largely on the text of the statute,
description and enumeration of matters preceding
the term and the subject matter to which it is
applied.

Grammar
Ordinary rules of grammar apply in construction to
determine legislative intent.
But it is not conclusive if it defeats legislative intent or
to make the status intelligible.
The rules on punctuation, tense, gender and number
have very little weight.
The use of the masculine gender does not preclude its
application to females, were intent to requires it.
With respect to number, general is that words
importing singular number may be eextended or
applied to several persons or things unless such
construction defeats legislative intent.
With respect to tenses, statutes expressed in the
future may nevertheless be regarded as having
present effect.

Inaccuracies or clerical errors.
May be corrected by the court it is necessary to carry
out the legislative intent
Example:
"courts of law" was encoded instead of
"course of law"
that it is a mere typographical error is evident.
-if incorrect, it renders the law nonsensical
-it must be correct by the court as it is duty
bound to give statute a sensible construction.


Foreign Language
The Revised Penal Code was approved in its Spanish
Text but translated to English. In case of doubt, the
Spanish text prevails.

Intrinsic aids, where found:
In the printed page of the statute itself

Intrinsic aids, enumerated:
context
punctuation and capitalization
Language and lingual text
Title
Chapter, article and section headings
Head notes or epigraphs
Marginal notes
Preamble
Legislative definitions and interpretative clauses


Practical Example:
A man wrote a book entitled "How to Change
Your Life". He was uncertain if it sells, since it appears
predictable, as many other books of similar theme were
already published prior to it.
To his surprise, 10 million copies were sold on the
first week they were out in the market. It turned out the
title was inadvertently made, "How to Change your
Wife".
Statutory Construction Pre-Final Notes

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CONTEXT
The text surrounding word or passage or the words,
phrases or passages that come before and after a
particular word or passage in a speech or piece of
writing and help explain its full meaning.
They must be taken as a whole and in relation to one
another.
A statute must be construed as a whole aand read in
its entirety. All parts, provisions, or sections of a
statute must be read, considered or construed
together, and each must be considered in the light of
all the others.

Reason for the rule
the statute is enacted as a whole and not in
parts or sections

Purpose of the Rule
to give proper emphasis to its provision and
avoid giving undue emphasis or effect to
particular words, clauses, parts or group of
words.

If context admits of two interpretations:
The one which tends to give effect to the
manifest object of the law should be
adopted.

PUNCTUATION, defined.
Standardized non-alphabetical symbols or marks
that are used to organize writing into clauses,
phrases and sentences and in this way make its
meaning clear.

Purpose.
Grammatical marks used to organize
writing.

Example:
Comma and semi colon -used to divide
sentences and parts of sentences

Difference between comma and semi-colon
semi-colon makes division more pronounced.

Limitation as intrinsic aid (punctuation)
not seriously regarded.
minor and not decisive or controlling element in
statutory construction
obvious mistake in punctuation will be corrected
if necessary to make the statute intelligible.
Construction should be based on more
substantial consideration rather than mere
punctuation.

Degree of aid.
low degree
not part of the statute and of the English
language

As low degree aid of construction, exception.
if it gives statute a meaning which is
reasonable and consistent with legislative
intent, it may be used as an additional
argument for the literal meaning of the words
thus punctuated.

Example:
"if the charge against such employee involves
dishonesty, oppression, or grave misconduct or
neglect in the performance of duty"

"In the performance of duty" - qualifies
only "grave misconduct or neglect".

CAPITALIZATION
Low degree in construction
Example:
Constitution says "Civil Service" but Civil Service
says "civil service"
it was contended that employees in the
unclassified service of the government are not
entitle to security of tenure.
"Civil Service" group; "civil service system
There is no difference between the use of
capital and small letters.
No reason to exclude persons in the
unclassified service from the benefits extended to
those in classified service.

LANGUAGE or LINGUAL TEXT, which prevails.
Philippine laws are officially promulgated either in
English,
Spanish or Filipino
Language used in promulgation prevails over
translated versions
But if statute is promulgated both in English and
Spanish, the English text prevails.

Basis for English Text to prevail
In the interpretation of a law or administrative
issuance promulgated in all the official languages,
the English text shall control, unless otherwise
specially provided. In case of ambiguity, omission or
other mistake, the other texts may be consulted.

Statutory Construction Pre-Final Notes

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TITLE, purpose.

May resolve doubts as to its proper construction by
extending or restraining its purview or by correcting
an obvious error.
in case of doubt, resort may be had to the title to
determine legislative intent because it normally
indicates it.

Limitation
Not controlling, if the body of the statute is free
from ambiguity, no resort to the title.
Need not be an index of the contents of the law
but it carries weight because of one title one
subject matter rule

Chapter, article & section headings, purpose
Determine the scope of the provisions and their
relations to other portions of the law

Limitation
Not conclusive
But a proper aid where there is ambiguity

Head notes or epigraphs, defined
Introductory quotation

Limitation
May be consulted for interpretation
But cannot limit the words contained in the
body of the text.
Being mere index of the contents of the petition
or provision of law

Example:
Art. 160. Commission of another crime during service of
penalty imposed for another offense; Penalty.
Besides the provisions of Rule 5 of Article 62, any
person who shall commit a felony after having been
convicted by final judgment, before beginning to serve
such sentence, or while serving the same, shall be
punished by the maximum period of the penalty
prescribed by law for the new felony

The word another cannot limit the text of the article
to mean that it is applicable only the new crime
committed is different from the crime for which the
accused is serving sentence because it is not
warranted by the plain and unambiguous language of
the text.



MARGINAL NOTES, defined
Notes written in margin, usually handwritten and
initialed.

Limitation
Resorted to only when such notes were in fact
inserted under the authority of the legislature.


PREAMBLE, defined
Introductory explanation

Limitation
Not an essential part of the statute
May explain ambiguities but not conclusive or
controlling
Purpose
The key to the statute
To open the minds of the makers
As to the mischiefs to be remedied
And objects to be accomplished by the
provisions of the statute.

Legislative Definitions and interpretative clauses
Such definition or construction should be followed
by the Courts
Statutory definition supersedes the commonly
accepted or previous judicial definition

EXTRINSIC AIDS where found
Extraneous facts and circumstances outside the
printed page of the statute

Extrinsic aids, enumerated
History or realities existing at the time of the
passage of the law
Legislative proceedings
Changes in phraseology
Prior laws and judicial decisions
Contemporaneous construction
Consequences of alternative interpretations

Extrinsic aids, enumerated
Object
Purpose
Expediency
Occasion and necessity
Remedy provided
Conditions of the countery to be affected
Other intrinsic maters



Statutory Construction Pre-Final Notes

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Contemporaneous circumstances
Facts and circumstances existing at the time of, and
leading to the enactment of the statute such as:
History of the times
Contemporaneous customs
The state of the existing law
Evils to be remedied
Remedy provided

Contemporary construction, degree as aid
Strongest in law

Legislative history, scope
Covers introduction of the bill in the legislature up to its
final passage

Legislative history, what it includes
President's message
Explanatory note accompanying the bill
Committee reports of legislative investigations and
public herarings of the subject bil
Sponsorship speech
Debates and deliberations
Amendmenes and changes in phraseology

President's message to the legislature.
State of the nation address
Where president proposes legislative measures
Indicates his line of thinking on the matter
Thus, courts may refer to the mssage of the
president to determine legislative internet
Because the statute was passed in response
(highlighted) to the president's message


Explanatory note, defined.
A short explanation accompanying a proposed
legislation by its author


Explanatory note, contents
Reason or purpose of the bill
Arguments advanced by the author

Reports and recommendation of legislative committees
Lucrative source of information helpful in
construction
Provide: They are recorded in the journal
Limitation.
Committee Reports are not controlling
May not be considered to clear an ambiguity


LEGISLATIVE DEBATES, VIEWS AND DELIBERATION.
Useful in interpretation
Provided they show common agreement among the
members of the legislature
As to the meaning of an ambiguous

Limitation
Not safe guides to ascertain the meaning and
purpose of the law
They express only the views and opinions of
the individual members of the legislature
And do not necessarily reflect the view of
Congress as a whole

PUBLIC POLICY.
Policy which induced its enactment
Or which was designed to be promoted
Is a proper subject for consideration

CONSTRUCTION BY EXECUTIVE OFFICERS, FORMS
Rules and regulation
Circulars
Directives
Opinions and rulings

CONSTRUCTION BY EXECUTIVE OFFICERS, VALUE.
Considered and given weight
If uniform, consistent, observed and acted on for a
long period of time.
Opinions and rulings of officials tasked to enforce
administrative laws
Command much respect and weight
The duty to enforce the law, which devolves upon
the executive branch of the government necessarily
calls for the interpretation of its ambiguous
provisions.
Thus, executive and administrative officers are
generally the first officials to interpret the law,
preparatory to its enforcement
And such interpretation comes in the form of rules
and regulations, circulars, directives, opinions and
rulings.

EXECUTIVE CONSTRUCTION KINDS.
Construction by an executive or administrative
officer directly called to implement the law
o May be expressed or implied
o Example of expressed construction
circular, directive or regulation
o Example of implied construction non-
enforcement in certain situations, or
applying it in a particular manner
o It is interpretation by usage or practice
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Construction by the Secretary of Justice
o In his or her capacity as chief legal adviser
o It is in the form of opinions issued upon
request of administrative or executive
officials who enforce the law
Construction by an executive officer exercising
quasi-judicial power
o It is in the form of a ruling in an adversary
proceeding

LEGISLATIVE CONSTRUCTION, FORM.
Indicated by the language of later enactments
May be considered, but not controlling

JUDICIAL CONSTRUCTION.
A judicial decision interpreting a statute is
considered in construing similar subsequent statutes

DOCTRINE OF STARE DECISIS ET NON QUIETA MOVERE.
one should follow precedents and should not disturb
what has been settled

DOCTRINE OF STARE DECISIS, WHEN APPLIED.
The ruling must be categorically stated on an issue
expressly raised by the parties
Must be a direct ruling on substantially the same
facts


OBITER DICTUM OR OBITER DICTA.
other things said
A passing comment, an observation made by a judge
incidental to the case being tried
While authoritative, is not binding on future courts
under the doctrine of stare decisis
An opinion expressed by the court upon some
question of law which is not necessary to the
decision of the case before it
It is not binding as a precedent

RATIO DECIDENDI OR RATIONES DECIDENDI.
the reasons for the decision
Principles used by a judge when deciding
The principles create a binding precedent
Courts will have to follow the same decision
If a case with similar facts is presented

OBITER DICTUM & RATIO DECIDENDI, DISTINGUISHED.
Ratio decidendi a binding precedent
Obiter dictum a persuasive precedent



CONSTRUCTION BY THE BAR.
The meaning publicly given by statute by long
professional usage
Presumed to be true but not controlling

DICTIONARIES AND TEXTBOOKS.
Determine the meaning to be assigned to words of
common usage or technical terms.

DOCTRINE OF NECESSARY IMPLICATION & INFERENCES.
That which is implied in the statute is much a part of
it as that which is expressed

Purpose
It enables the court to draw inferences from
legislative purpose and intent
In such a way as to determine whether certain
minor or specific things are covered by the
general or broad terms used in the statute

Reason
Very rarely, if at all, are statutes framed with
minute particularity as to cover every conceivable
situation

DOCTRINE OF NECESSARY IMPLICATION, NATURE OF.
This is not judicial legislation, but a method of
discovery of legislative intent through the logical
process of deduction
A statutory grant of power carries with it, by
implication, everything necessary to carry out the
power or right and make it effectual and complete

DOCTRINE OF NECESSARY IMPLICATION, LIMITATION.
If it is not part of legislative intent

ILLUSTRATIVE CASE: Chua v Civil Service Commission, G.R.
No. 88979, February 7, 1992

Facts:
The Early Retirement and Voluntary Separation Law
was enacted to streamline and trim down the
bloated bureaucracy.
Section 2 states in part:
o The benefits under this Act shall apply to
all regular, temporary, casual, and
emergency employees, regardless of age,
who have rendered at least a total of two
(2) consecutive years of government
service as of the date of separation.
o Uniformed personnel of the Armed
Forces of the Philippines including those of
the PC-INP are excluded from the
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coverage of this Act.
An employee of the National Irrigation
Administration (NIA) applied to avail of early
retirement, but it was denied.
Instead, she was offered separation benefits.
She went to the Civil Service Commission (CSC) but
it affirmed the decision of NIA.
She moved to reconsider but was still denied.

Contention of the CSC:
The employment is co-terminous with a project,
which is contractual in nature.
As such, she is not one of those enumerated in the
law, namely, regular, temporary, casual, and
emergency employees
Thus, she is not covered by the law pursuant to the
statutory construction principle of expressio unius
est exclusio alterius.
The objective of the Separation of Law is not really
to grant separation or retirement benefits but
reorganization to streamline government functions.

Contention of the employee:
The implementing guidelines of the Early
Retirement Law enumerates employees who are
excluded from the coverage
They are experts and consultant, uniformed
military and police personnel, appointed official
and employees, officials and employees who
retired voluntarily prior to the law or those with
pending cases punishable by mandatory separation
from service.
She does not belong to any of the excluded
employees, hence she is included.
Held:
There is no substantial difference between
contractual, casual and emergency employees.
A co-terminous employee is a non-career civil
servant, just like casual and emergency employees.
It may be argued that Congress would not have
specifically enumerated the employees to be
covered had not the intention been to restrict its
meaning and confine its terms and benefits to
those specifically mentioned pursuant to the
principle expressio unius est exclusio alterius.
It may also be argued that a person, object or thing
omitted from an enumeration must be held to have
been omitted intentionally pursuant to the
principle casus omissus pro omisso habendus est.
But adherence to these legal maxims results in
incongruity and violates the equal protection clause
of the Constitution.
The maxim expressio unius est exclusio alterius
does not apply, but the doctrine of necessary
implication.
It says every statute is understood, by implication,
to contain all such provisions as may be necessary
to effectuate its object and purpose, or to make
effective rights, powers, privileges or jurisdiction
which it grants, including all such collateral and
subsidiary consequences as may be fairly and
logically inferred from its terms.
The denial of the application is unreasonable,
unjustified and oppressive.
The application should be granted in the interest of
substantial justice, after all, the employee served
for almost 15 years.


ILLUSTRATIVE CASE: COA v Province of Cebu, G.R. No.
141386, November 29, 2001

Facts:
The Governor of Cebu appointed teachers who
have no item in the DepEd plantilla to handle
extension classes to accommodate students in
public schools.
The salaries and personnel-related benefits of
these teachers were charged against the Special
Educational Fund (SEF)
Also charged against the SEF are scholarship grants
of the province
The COA suspended the disbursement because
salaries and grants are not chargeable against the
SEF.

Contention of COA:
Section 100(c)2 of the Local Government Code
provides:
o The annual school board budget shall
give priority to the following: x x x
o Establishment and maintenance of
extension classes where necessary;
The legal maxim expressio unius est exclusio
alterius applies.
Since salaries, personnel-related benefits and
scholarship grants are not among these authorized
as lawful expenditure of the SEF under the Local
Government Code, they should be deemed
excluded.

Held:
The contention of COA is without merit.
It is an elementary rule in statutory construction
Statutory Construction Pre-Final Notes

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that legislative intent controls interpretation of a
statute.
Under the doctrine of necessary implication, the
authority to open extension classes chargeable
against the SEF logically includes hiring of teachers
and payment of their salaries and other benefits,
even if hiring and payment were not specifically
mentioned in the law.
The services and salaries of these teachers are
necessary and indispensable to establish and
maintain extension classes.


Presumption in aid of construction
The court may properly rely on presumptions as to
legislative intent to resolve doubts as to its correct
interpretation

Basis
Logic, experience and common sense.

When applied
When there is doubts as t legislative intent
And such doubt should be resolved in favor
of that construction which is in accord with
the presumption on the matter.

Examples
Congress acted within the scope of its
authority
Against violation of international law
Against extra-territorial operation of
statutes
Against unconstitutionality
Against inconsistency, injustice
Motive of Congress
In favor of beneficial operation of statutes
Against inconvenience, absurdity, and
ineffectiveness of statutes
As to public policy
Against irrepealable laws, repeal,
unnecessary changes in the laws, implied
repeals
Acquiescence to judicial construction
As to existing laws
In favor of exceptions to general language
As to jurisdiction of courts
As to foreign laws