Statutory construction is the art or process of

discovering and expounding the meaning and the

intention of the authors of the law with respect to
its application to a given case, where that intention
is rendered doubtful, among others, by reason of
the fact that the given case is not explicitly
provided for in the law.
Is the art of seeking the intention of the
legislature in enacting a statute and
applying it to a given state of facts.
Interpretation is the art or process of discovering
and expounding on the intended signification of the
language used, that is, the meaning which the
authors of the law designed it to convey to others.
CONSTRUCTION goes beyond and may call in the
aids of extrinsic considerations.
INTERPRETATION is limited to exploring the
written text.
PURPOSE
OF
CONSTRUCTION
AND
INTERPRETATION: to ascertain and give effect to
the legislative intent
SITUS
OF
CONSTRUCTION
AND
INTERPRETATION belongs to the judicial
department. Thus, under the principle of checks
and balances, courts may declare legislative
measures or executive acts unconstitutional.
ARTICLE VIII, Section 1
The judicial power shall be vested in one Supreme
Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the Court 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.
POWER OF JUDICIAL REVIEW
1. Actual case or controversy a conflict of
legal rights, an assertion of opposite legal
claims susceptible to judicial determination
2. Legal standing one who has sustained or
is in imminent danger of sustaining an
injusry as a result of the act complained of
(direct injury test)

3. The constitutional question must be raised

at the earliest opportunity
4. The resolution of the constitutional
question will resolve the case itself
Twofold aspect of ripeness:
1. the fitness of the issues for judicial decision; and
2. the hardship to the parties entailed by
withholding court consideration.
EFFECT OF UNCONSTITUTIONALITY
1. Orthodox View
The unconstitutional act is not a law. It :
a. Confers no rights;
b. affords no protection;
c. imposes no duties;
d. creates no office;
e. is inoperative as though it had never
been passed.
2. Modern View
The Court in passing upon the question of
constitutionality does not annul or repeal
the statute if it is unconstitutional, it simply
refuses to recognize it and determines the
right of the parties just as if the statute had
no existence. It does not repeal, revoke or
annul the statute. The parties to the suit
are concluded by the judgment, but no one
else is bound.
Test of Valid Ordinance
1.It must not contravene the Constitution or any
statute;
2.It must not be unfair or oppressive;
3.It must not be partial or discriminatory;
4. It must not prohibit but may regulate trade;
5. It must be general and consistent with public
policy;
6. It must not be unreasonable.
Concept of vague statutes It is vague when it
lacks comprehensible standards that men of
ordinary intelligence must necessary guess its
meaning and differ as to its application. It is
repugnant to the Constitution in two aspects:
1.It violates due process for failure to accord
persons, especially the persons targeted by it, fair
notice of conduct to avoid; and
2.it leaves law enforcers unbridled discretion in
carrying out its provisions and becomes an
arbitrary flexing of the Government muscle.