Chapter 1

GENERAL PRINCIPLES
1.
2.

Statute an act of legislature; written will of the legislature, expressed

according to the form necessary to constitute it a law of the state.
Statutory Construction (definition and concept) 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.

Requirement: Only statutes with an ambiguous or doubtful meaning may be the

subject of statutory construction. (Daoang v. Municipal Judge of San Nicolas, Ilocos
Norte- enumerating a perons who cannot adopt are clear and umbigious)
3.

4.

Statutory Consturction, essentially judicial - Although it is true under proper

circumstances that some aid may be derived from executive/legislative
construction of statutes, it is ultimately the courts province and duty
to construe laws enacted by legislature. (Edencia v. David)
The Supreme Court has the constitutional duty not only of interpreting and
applying the law in accordance with prior doctrines but also of protecting
society from improvidence and wantoness wrought by needless upheavals in
such interpretations and applications.
*Interest re publicae ut finis litium (The interest of the State demands that
there be end to litigation. (National Power Corp v. Province of Lanao del Sur)
Chapter 2
JUDICIAL AUTHORITY AND DUTY
COURTS PRIMARY DUTY TO APPLY THE LAW

5.

6.

7.

8.

9.

Where the law is clear, neither this court nor the commission may on
grounds of convenience, expediency or prompt dispatch of cases, disregard
the law or circumvent the same. The remedy lies with the legislature if it
could be convinced of the necessity of amending the law.
The first fundamental duty of the courts is to apply the law.
Construction and Interpretation come only after it has been demonstrated
that application is impossible and inadequate without them. (PP v. Mapa- agent
of Prov. Gov. not exempted from ill.possession of F/A)
Where the language of the law is clear and the intent of the legislature is
equally plain, there is no room for interpretation and construction of the
statute.
The first and fundamental duty of the Courts is the application of the law
according to its express terms. (Rep. Flour Mills Inc. v. Commissioner of
Custom)
Where the statutory norm speaks unequivocally, there is nothing for the
courts to do except to apply it.

10.

If a statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without attempted interpretation. (PP v. Quijada single
integrated offense (murder&ip F/A)

11.

Index animi sermo est The language of the statute is the best guide to the
intention.
The court does not legislate in the instant case. The Court merely applies and
gives effect to the constitutional guarantees of social justice.
COURTS HAVE NO POWER TO CHANGE THE LAW

12.

*Courts must not distinguish where the law does not distinguish. Ubi
lex non distinguit nec nos distinguere debemos. Corollary of the principle that
general words and phrases in a statute shoud ordinarily be accorded their
natural and general significance.
DUTY OF THE COURTS TO EFFECTUATE POLICY OR PURPOSE OF THE
LAW
Once the policy or purpose of the law has been ascertained, effect should be
given to it by the judiciary.

13.

LEGISLATIVE FINDINGS OF FACT BIND THE COURTS.

It is not the courts duty to examin the validity of legislative findings
articulated in the Anti-Subversion Law. (PP. v. Ferrer)
Chapter 3
RULES OF CONSTRUCTION

14.
15.

16.

Purpose of construction to discover true intention of the statute.

Definition and interpretation clauses in statutes being construed.
the legislature may define, in a statute, words or phrases used therein and
may declare in the body of an act the construction to be placed thereon.
Presumptions to aid Construction.
In General
Numerous presumptions obtain as aids in the construction
of statutes, such as that 1.)the act expresses the
intention of the legislature, 2) that the legislature
acted with full knowledge as to existing conditions;
and 3.)that it did not intent unjust, or unreasonable
consequences.
In the interpretation of a statute, the Court should start
with the assumption that 4.)the legislature intended to
enact an effective law, and 5.)the legislature is not
presumed to have done a vain/vague thing in the
enactment of a statute.
As to words, phrases, and provisions.

17.

18.

19.

20.

Statutes are to be interpreted in their ordinary, commonly

accepted usage.
Presumptions as to the words, phrases and provisions
used in statutes include presumptions that legislature
understood their meaning and intended their use,
and used them in their ordinary and common
meaning, and that every word, sentence, or provision
has a purpose and is to given some effect.
Intention of Legislature
In General
The fundamental rule of statutory construction is to ascertain, if
possible, give effect ot the intetntion or purpose of the
Legislature as expressed in the statute.
Ascertainment of Intention.
There is no invariable rule for the discovery of the legislative intent,
but the question must be decided from peculiar facts and
circumstances of each enactment.
Intent ascertained from the language used.
The intent of the legislature is to be ascertained by the court
primarily from the language used in the statute, with the aid of
the canons of construction.
Unambiguous language
Where the language of a staute is plain and unambiguous,
there is no occasion for construction, and the statute must
be given effect according to its plain and obvious
meaning.
Ambiguities
The duty devolves on the court to ascertain the true meaning where
the language of a statutes is of doubtful meaning, or where an
adherence to the strict letter would lead to injustice, absurdity, or
contradictory provisions.
A statute or act may be said to be vague when it lacks comprehensible
standards that men of common intelligence must necessarily guess at
its meaning and differ as to its application. To be declared null and
void, an act must be utterly vague on its face i.e. it cannot be clarified
by either a saving clause or by construction. Interpretatio talis in
ambiguis simper frienda est, ut evitatur inconveniens et absurdum ;
Where there is ambiguity, such interpretation as will avoid
inconvenience and absurdity is to be adopted.
Intent ascertained from the whole statute.
It is a cardinal rule of statutory construction that courts must give
effect to the general legislative intent that can be discovered
from or is unraveled by the four corners of the statute, and in
order to discover said intent, the whole statute, and not only a
particular provisions thereof, should be considered.

21.
22.

23.

24.

25.

Legislative intent must be ascertained from a consideration of the

whole statute; words and phrases and clauses should not be studied
in isolation or detached from the rest.
That in interpreting the meaning and scope of a term used in the law, a
careful review of the whole law involved, as well as the
intendment of the law, must be made.
Intent ascertained from uniform trend of legislation.
Other guides to Intent.
Where the statutory language is vague, ambiguous or uncertain, the
court may look to the subject matter of the act, or to its expediency,
occasion and necessity, or reasonable practicality as well as to the
remedy provided, the condition of the country to be affected, the
consequences following upon the enactment, and logic and sound
economic principles.
Construction to Effect Legislative Purpose.
In construing a statute, the court must look to the object to be
accomplished, the evils and mischief sought to be remedied, or
the purpose to be subserved, and place on it a reasonable or liberal
construction which will best effect its purpose rather than one which
will defeat it.
Spirit or Letter
As a general rule of statutory construction, the spirit or intention of
a statute prevails over the letter there of, and whatever is within
the spirit of a statute is within the statute although it is not within the
letter thereof, while that which is within the letter, but not within the
spirit of a statute, is not within the statute; but, where the law is free
and clear from ambiguity, the letter of it is not to be disregarded on
the pretext of pursuing its spirit.
Conscience and equity should always be considered in the construction
of statutes, The Courts are not to be hedged in by the literal meaning
of the language of the statute; the spirit and intendment thereof must
prevail over its letter. This rule of construction is especially
applicable where adherence to the letter of the statute would
result in absurdity and injustice.
Effect and Consequences
Where the language of a statute adequately expresses the intention of
the legislature, it must be given effect regardless of the consequences;
but where the intention of the legislature is so inadequately or
vaguely expressed as to require construction, the Court may
consider the results and consequences of any proposed
construction and should, if possible, avoid a construction which will
cause objectionable results.
A literal interpretation is to be rejected if it would be unjust or
lead to absurd results. Statutes should receive a sensible

26.

27.
28.

construction, such as will give effect to the legislative intention and so

as to avoid an unjust or absurd conclusion.
Implications and Inferences
Doctrine of necessary implication; What is implied in a statute is as
much a part thereof as that which is expressed.
Matters Omitted
As a general rule, the Courts cannot supply omissions in a statute.
Meaning of Language
In General
General Considerations The words and phrases used in a
statute should given the meaning intended by the
lawmakers.
Natural and Commonly understood meaning
1. As a general rule, words used in a statute are to be
given their usual and commonly understood meaning,
UNLESS it is plain from the statute that a different
meaning is intended.
e.g. it is well settle that the word may is merely
permissive and operates to confer discretion upon a party.
Under ordinary circumstances, the term may be
connotes possibility; it does not connotes certainty.
May is an auxillary verb indicating liberty, opportunity,
permission or possibility.(Capati v. Ocampo)
e.g. The word used in the law must be given its ordinary
meaning. Hence the phrase may be promulgated should
not be construed to mean shall or must. (Phil.
Consumers Foundation Inc. v. NTC)
e.g. Every which modifies the phrase government
owned or controlled corporation means each one of a
group without exception. It means all possible and all,
taken one by one. (Natl Housing Corp. v Juco)
e.g. The word shall means ought to, must, used to
express a command or exhortation used in laws,
regulations or directives to express what is mandatory.

29. Right to Vary Meaning of Words

In interpreting statutes, courts must eschew the tyranny of words and
may extend or restrict the ordinary and usual meaning of the words
employed in the statute in order to give effect to the legislative intent; but
the power is exercise with reluctance and only in extraordinary cases.
In its ordinary signification, the word shall is imperative or
mandatory. However this signification is not always followed; it

may be construed as may, when so required by the context or

by the intention of the statute.
It is a basic rule of statutory construction that a meaning that does
not appear nor intended or reflected in the very language of the
statute cannot be placed therein.
30.

31.

32.

33.

Reasonable and Effective Construction

The words and phrases employed in a statute should be given a
reasonable and sensible construction so as to make the statute
workable and effective.
Technical Terms
Words and phrases having a technical meaning are construed
according to their technical sense, UNLESS it is apparent that a
different meaning was intended by the legislature.
Eg. Action has acquired a well-defined, technical meaning i.e., an
action which originates an entire proceeding and puts in motion the
instruments of the court calling for summons, answer, etc.
Eg. Public Market is meant one that is intended to serve public in
general.
Eg. The Term in a legal sense means a fixed and definite period of
time which the law describes that officer may hold an office.
Eg. The term laws refer not only to those of general application, but
also to law of local application, private laws; administrative rules
enforcing a statute. (Taada vs. Tuvera)
Doctrine of Associated Words (Noscitur a sociis)
In accordance with the rule or maxim of Noscitur a sociis, doubtful
words and phrases used in statutes are construed in connection with,
and their meaning is ascertained by reference to, the words and
phrases with which they are associated.
Under the rule of Noscitur a sociis, a word or phrase should be
interpreted in relation to, or given the same meaning of words with
which it is association.
Eg. In Postal Law, the term gift enterprise is used in association with
the word lottery. If lottery is prohibited only if it involves a
consideration, so also must the term gift enterprise be so
construed. (Caltex vs. Palomar)
General and Specific Words.
General words in a statute should receive a general construction.
Doctrine of Ejusdem Generis
Where general words follow the enumeration of particular classes of
persons or things, the general words under the rule or maxim of
construction known as ejusdem generis, will be construed as
applicable only to persons or things of the same general
nature or class as those enumerated, UNLESS an intention to the
contrary is clearly shown.