INTERPRETATION AND CONSTRUCTION

1. Statutory Construction
It is the art or process of discovering and expounding meaning and intention of
the authors of the law, where that intention is rendered doubtful by reason of the
ambiguity in its language or of the fact that the given case is not explicitly
provided for in the law
It is the drawing of warranted conclusions respecting subjects that lie beyond the
direct expression of the text, conclusions which are in the spirit, though not within
the letter of the text
2. Statutory Interpretation is the art of finding the true meaning and sense of any
form of words, while Statutory Construction is the process of drawing warranted
conclusions not always included in direct expressions, or determining the
application of words to facts in litigation. 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.
3. Necessity for Statutory Construction
Rules of statutory construction are tools used to ascertain legislative intent. They
are not rules of law but mere axioms of experience. Rules of statutory construction
help the courts resolve bad cases. Thus, where there is ambiguity in the language of
a statute, courts employ canons of statutory construction to ascertain its true intent
and meaning.
4. Statutory Construction in relation to the present structure of government.
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.
Judicial power is vested in one Supreme Court and in such lower courts as
may be established by law.
Legislative makes the law
Executive executes the law
Judicial interprets the law

Construction is a judicial function.

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.
The duty and power to interpret or construe a statute or the Constitution belong to
the judiciary. The Supreme Court construes the applicable law in controversies
which are ripe for judicial resolution. It construes or applies the law as it decides
concrete and controverted cases based on the facts and the law involved. It does
not give legal opinion on hypothetical cases or in cases which have become, as a
rule, moot and academic.
Legislature cannot overrule judicial construction.
The legislature has no power to overrule the interpretation or construction of a
statute or the Constitution by the Supreme Court, for interpretation is a judicial
function assigned to the latter by the fundamental law.
When judicial interpretation may be set aside.
By amending the Constitution, the framers of the fundamental law may modify or
even nullify a judicial interpretation of a particular provision thereof. The rule that
the Supreme Court has the final word in the interpretation or construction of a
statute merely means that the legislature cannot, by law or resolution, modify or
annul the judicial construction without modifying or repealing the very statute
which has been the subject of construction.

Different kinds of interpretation:

a. 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.
b. Extensive interpretation also called as liberal interpretation, it adopts a more
comprehensive signification of the words.
c. Extravagant interpretation substitutes a meaning evidently beyond the true one.
It is therefore not genuine interpretation.
d. Free or unrestricted interpretation proceeds simply on the general principles of
interpretation in good faith, not bound by any specific or superior principle.
e. Limited or restricted interpretation - influenced by other principles than the
strictly hermeneutic ones.
f. Predestined interpretation takes place when the interpreter, laboring under a
strong bias of mind, makes the text subservient to his preconceived views and
desires.
Statutory Construction in relation to the Civil Code
The Civil Code of the Philippines follows the above rule thus: Laws shall have no
retroactive effect, unless the contrary is provided.
Statutory Construction in relation to the Doctrine of Stare Decisis
The decision of the Supreme Court applying or interpreting a statute is controlling
with respect to the interpretation of that statute and is of greater weight than that of
an executive or administrative officer in the construction of other statutes of similar
import.
The legal maxim which requires the past decisions of the court be followed in the
adjudication of cases is known as stare decisis. It means one should follow past
precedents and should not disturb what has been settled. The rule rests on the
desirability of having stability in the law.

GENERAL PRINCIPLES IN THE CONSTRUCTION AND

INTEPRETATION OF LAWS
Statutes as a Whole
Statutes should be construed as a whole; one portion may be qualified by
others
Legislative Intent must be ascertained from the statute as a whole
Legislative intent is the vital part, the essence of the law. The intent of the
legislature is the law, and the key to, and the controlling factor in, its
construction or interpretation. Intent is the spirit which gives life to
legislative enactment. It must be enforced when ascertained, although it may
not be consistent with the strict letter of the statute. The term intent
includes two concepts, that of purpose and that of meaning, It has been held,
however, that the ascertainment of legislative intent depends more on a
determination of the purpose and object of the law.
Optima statuli interpretatix est ipsum statutum the best interpreter of
the statute is the statute itself
Ut res magis valeat quam pereat. because a statute is enacted in whole
and not in parts or sections, which implies that one part is as important as the
other, the statute should be construed and given effect as a whole.
3 approaches in determining the legislative intent:
o Literal Rule
o Purpose Rule
o Golden Rule depart from the ordinary meaning
Verba Legis
plain meaning rule
Where the statute is clear, plain and free from ambiguity, it must be given
its literal meaning and applied without interpretation. This plain meaning
rule or verbal legis derived from the maxim index animi sermo est (speech is
the index of intention) rests on the valid presumption that the words
employed by the legislature in a statute correctly express its intention or will
and preclude the court from construing it differently.
Spirit and Purpose of the Law
The intent or spirit of the law is the law itself. For this reason, legislative
intent or spirit is the controlling factor, the leading star and the guiding light

in the application and interpretation of a statute. The spirit, rather than the
letter, of a statute determines its construction; hence a statute must be read
according to its spirit or intent.
Statute of Later Date Prevails
because it favors the latest intention of the legislature
Generalia Specialibus Non Derogant
Special provisions prevail over a general one.
A special law prevails over a general law.
A special law prevails over a general law
Special provisions prevail over a general one. This test is applied when
both customary and treaty sources of law exist and the two sources cannot
be construed consistently.

Exception: When a general law covers a specific topic or provision or

treats a subject in particular; while the special law has not covered the
specific subject matter or refers to it in general.
Pari Materia rule
Statutes are in pari materia when they relate to the same person or thing,
or have the same purpose or object, or cover the same specific or particular
subject matter. It is sufficient that the 2 or more statutes relates to the same
specific subject matter. Statutes in pari materia should be construed together
to attain the purpose of an express national policy.
Exception: If 2 or more statutes on the same subject were enacted at
different times and under different conditions and circumstances, their
interpretation should be in accordance with the circumstances or conditions
peculiar to each. A statute will not be construed as repealing prior acts or
acts on the same subject matter.
Reenacted Statutes
in relation to domestic statutes/laws
Adopted Statutes
in relation to international statutes/laws
Common Law Principle vs. Statutory Provision
between the two, the latter should prevail
the former will only apply if there is no other law applicable
Doctrine of Necessary Implication
No statute can be enacted that can provide all the details involved in its
application. There is always an omission that may not meet a particular
situation. The doctrine states that what is implied in a statute is as much a

part thereof as that which is expressed. The principle is expressed in the

maxim, Ex necessitate legis or from the necessity of law. The greater
includes the lesser, expressed in the maxim, in eo quod plus sit, simper inest
et minus.
The term necessary implication is one that is so strong in its probability
that the contrary thereof cannot reasonably be supposed. It is one which,
under the circumstances, is compelled by a reasonable view of the statute,
and the contrary of which would be improbable and absurd.
Casus Omissus (Casus omissus pro omisso habendus est)
This rule states that a person, object or thing omitted from an
enumeration must be held to have been omitted from an enumeration must
be held to have been omitted intentionally. The principle proceeds from a
reasonable certainty that a particular person, object or thing has been omitted
from a legislative enumeration.
In other words, the maxim operates and applies only if and when the
omission has been clearly established, and is such a case what is omitted in
the enumeration may not, by construction, be included therein.
Stare Decisis
The legal maxim which requires the past decisions of the court be
followed in the adjudication of cases is known as stare decisis et non quieta
movere. It means one should follow past precedents and should not disturb
what has been settled. The rule rests on the desirability of having stability in
the law.
CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES
When the law does not distinguish, courts should not distinguish
Ubi lex non distinguit, nec nos distinguere debemus. The rule, founded
on logic, is a corollary of the principle that general words and phrases in a
statute should ordinarily be accorded their natural and general significance.
The rule requires that a general term or phrase should not be reduced into
parts and one part distinguished from the other so as to justify its exclusion
from the operation of the law. In other words, there should be no distinction
in the application of a statute where none is indicated.
Exceptions in the Statute
Where the law does not make any exception, courts may not except
something unless compelling reasons exist to justify it.
General and Special Terms
General terms should not be given a restricted meaning.

 General terms in a statute are to receive a general construction, unless

retrained by the context or by plain inferences from the scope and purpose of
the act.
General terms or provisions in a statute may be restrained and limited by
specific terms or provisions with which they are associated.
Special terms in a statute may sometimes be expanded to a general
signification by the consideration that the reason of the law is general.
Special terms refer exclusively to a specific or particular class.
Ejusdem generis
The general rule is that where a general word or phrase follows an
enumeration of particular and specific words of the same class or where the
latter follows the former, the general word of phrase is to be construed to
include, or to be restricted to, persons, things or cases akin to, resembling, or
of the same kind or class as those specifically mentioned. This canon of
statutory construction is known as ejusdem generis (or the same kind or
specie).
The purpose of the rule ejusdem generis is to give effect to both the
particular and general words, by treating the particular words as indicating
the class and the general words as indicating all that is embraced in said
class, although not specifically named by the particular words.
Expressio unius est exclusion alterius / Doctrine of negative implication
The express mention of one person, thing, or consequence implies the
exclusion of all others. But this maxim is not applicable where words are
used by example only.
This maxim and its corollary canons are generally used in the
construction of statutes granting powers, creating rights and remedies,
restricting common rights, and imposing penalties and forfeitures, as well as
those statutes which are strictly construed.
Noscitur a sociis
This maxim states that where a particular word or phrase is ambiguous in
itself or is equally susceptible of various meanings, its correct construction
may be made clear and specific by considering the company of words in
which it is found or with which it is associated.
Use of negative words
Negative words or phrases are to be regarded as mandatory.
Affirmative words are merely directory.
Use of or
is a disjunctive term signifying disassociation and independence of one
thing or another

is a disjunctive particle used to express as alternative or to give a choice

of one among two or more things
is also used to clarify what has already been said, and in such cases,
means in other words, to wit, or that is to say
Use of and
is a conjunctive term
means conjunction connecting words or phrases expressing the idea that
the latter is to be added or taken along with the first
Use of and/or
means that the word and and the word or can be used
interchangeably
Use of shall
emphasizes mandatory character and means imperative, operating to
impose a duty which may be enforced
may be either as mandatory or directory depending upon a consideration
of the entire provision in which it is found, its object and consequences that
would follow from construing it one way or the other
Use of may
emphasizes directory character
generally connotes a permissible thing, and operates to confer discretion
Use of all, every, any
Use of and so forth, and the like
Use of cannot, shall not, no
mandatory and prohibitive

RULES OF CONSTRUCTION OF SPECIFIC STATUTES

Penal Statutes against the State and liberally in favor of the accused
Remedial Statutes procedural laws; made by the Supreme Court; liberally
construed; made to improve another law
Substantive Statutes in case of doubt, the judge should presume that the
lawmaking body intended right and justice to prevail
create rights and impose duties
Labor Statutes doubt should be resolved in favor of the worker or laborer
Tax Statutes in favor of the taxpayer
Mandatory and Directory following tests: terminology; materiality of the
provisions; consequences; penalty
Temporary Statutes for a fixed time only

 General Statutes examples: Constitution, Revised Penal Code, New Civil

Code
Special Statutes within a particular class only
Local Statutes within territorial limits only
Other principles in Statutory Construction:
Dura lex sed lex
The law may be harsh, but it is still the law. This principle is expressed
in the legal maxim. Dura lex sed lex. Another maxim expressive of the rule
is hoc quidem perquam durum est, sed ita lex scripta est, or it is exceedingly
hard but so the law is written. The principle requires that the statute should
be applied regardless of whether it is unwise, hard or harsh. If the law is
clear and free from doubt, it is the sworn duty of the court to apply it without
fear or favor, to follow its mandate, and not to tamper with it.
Reddendo singular singulis / Last antecedent rule
The maxim means referring each to each; referring each phrase of
expression to its appropriate object, or let each be put in its proper place, that
is, the words should be taken distributively.
It requires that the antecedent and consequences should be read
distributively to the effect that each word is to be applied to the subject to
which it appears by context most appropriately related and to which is most
applicable.
Charming Betsy Rule
National statute must be construed so as not to conflict with international
law. It has also been observed that an act of Congress ought never to be
construed to violate the law of nations if any other possible construction
remains.
Rule of Lenity
This means that the Court will not interpret a federal criminal statute so
as to increase the penalty that it places on an individual when such an
interpretation can be based on no more than a guess as to what Congress
intended is not applicable here.
Contemporanea exposition
Contemporary or practical constructions are the constructions placed
upon statutes at the time of, or after, their enactment by the executive,
legislature, or judicial authorities, as well as by those who, because of their

involvement in the process of legislation, are knowledgeable of the intent

and purpose of the law, such as draftsmen and bill sponsors.
Contemporanea exposition est optima et fortissimo in lege --- the
contemporary construction is strongest in law.
Lex posterior derogate priori
A treaty may repeal a statute and a statute may repeal a treaty.
In states where the Constitution is the highest law of the land, such as the
Republic of the Philippines, both statutes and treaties may be invalidated if
they are in conflict with the Constitution.
Lex posterior generalis non derogate legi priori specialis
A later general law does not repeal a prior special law.
The Borrowed Statute Rule
When the legislature borrows a statute, it adopts by implication
interpretations placed on that statute, absent an express statement to the
contrary.
Harmonization with other statutes / Interpretare et concordare legibus
est optimus interpretandi
Every statute must be so construed and harmonized with other statutes as
to form a uniform system of jurisprudence.
The rule is that a statute should be so construed not only to be consistent
with itself but also to harmonize with other laws on the same subject matter,
as to form a complete, coherent and intelligible system.
Doctrine of Desuetude
It is a doctrine that causes statutes, similar legislation or legal principles
to lapse and become unenforceable by a long habit of non-enforcement or
lapse of time. It is what happens to laws that are not repealed when they
become obsolete. It is the legal doctrine that long and continued non-use of a
law renders it invalid, at least in the sense that courts will no longer tolerate
punishing its transgressors.
Argumentum a contrario
The Negative-Opposite doctrine --- what is expressed puts an end to that
which is implied.