AIDS TO CONSTRUCTION

Intrinsic Aids to Construction

MATHEO ERNESTO ANTONIO V. CRUZ
1. TITLE
Where the meaning of the statute is obscure, courts may resort to its title to clear the
obscurity.
STATCON MAXIM: The title may indicate the legislative intent to extend or restrict the
scope of law, and a statute couched in a language of doubtful import will be construed
to conform to the legislative intent as disclosed in its title.
By the rule:
-

(CONSTITUTION) ART. VI SECTION 26. (1)

Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
Ebarle v. Sucaldito
G.R. No. L-33628. December 29, 1987
Facts: Ebarle, the petitioner, was then provincial governor of Zamboanga and a
candidate for re-election in 1971 local elections. The Anti-Graft League of the
Philippines filed complaints with the city fiscal against the petitioner for violations
of RA 3019 (Anti-Graft Law) and Articles 171, 182,183, 213, and 318 of the
Revised Penal Code. The petitioner filed petitions for prohibition and certiorari in
CFI but they were dismissed. He petitioned to the Supreme Court and alleged
that the City Fiscal and Anti-Graft League failed to comply with the provisions of
EO 264, which outlined the procedure how complainants charging the
government officials and employees with the commission of irregularities should
be guided.
Issue: Whether or not EO 264 is exclusively applicable to administrative charges
and not to criminal complaints
Held: Yes, Petition dismissed. The title of the EO 264 is of Commission of
Irregularities. It speaks of commission of irregularities and not criminal offenses.
Had the order intended to make it applicable thereto, it could have been referred
to the more specific terms like accused, convicted, and the like.

2. PREAMBLE OR EXPLANATORY NOTE

Wherever there is ambiguity in a statute
-It sets out the intention of the legislature.
-It may decide the proper construction to be given to the statute.
STATCON MAXIM:The key of the statute to open the minds of the lawmakers as to the
purpose to be achieved, the mischief to be remedied, and the object to be
accomplished, by the provisions of the statute.
People v. Echavez
G.R. Nos. L-47757-61. January 28, 1980
Facts: Petitioner Ello filed with the lower court against 16 persons charging them
with squatting, as penalized in Presidential Decree 772. Respondent Echavez
dismissed the case on the grounds that 1) the accused entered the land through
stealth and strategy and not with the use of force, intimidation, or threat or taking
advantage of the absence of the owner (as described in the Presidential Decree);
and 2) under the rule of ejusdem genernis, the decree does not apply to the
cultivation of a grazing land.

Issue: Whether or not Presidential Decree 771 penalizes squatting and similar
acts also apply to agricultural lands
Held: No, The preamble shows that it was intended to apply to squatting in urban
communities or particularly to illegal constructions in squatter areas. The
complainant involves pasture lands in rural areas. The rule of ejusdem generis
(of the same kind) does not apply to this case.
StatCon maxim: A preamble may restrict what otherwise appears to be a broad
scope of a law

3. DEFINITION
Wherever there is ambiguity in a statute
-

Natural meaning of some words are extended or restricted through definition.

Sometimes particular meaning is provided.

Examples:
REPUBLIC ACT NO. 10066

ARTICLE II
DEFINITION OF TERMS
Section 3. Definition of Terms. - For purposes of this Act, the following terms shall be
defined as follows:
(a) "Adaptive reuse" shall refer to the utilization of buildings, other built-structures and
sites of value for purposes other than that for which they were intended originally, in
order to conserve the site, their engineering integrity and authenticity of design.
(b) "Anthropological area" shall refer to any place where studies of specific ethnolinguistic groups are undertaken, the properties of which are of value to our cultural
heritage.

4. PUNCTUATIONS
Punctuations, such as a comma, a semi-colon, and a period are grammatical marks.
Where there is an ambiguity in a statute
-

It may be partially or wholly solved by a punctuation mark, it may be considered

in the construction of the statute.

If the punctuation gives the statute of a meaning which is reasonable and in apparent
accord with the legislative will.
-

It may be used as additional argument for adopting the literal meaning of the
words as thus punctuated.
REPUBLIC ACT NO. 10066
ARTICLE II
DEFINITION OF TERMS
Facts: The CFI found Subido guilty of libel. Therefore, he was sentenced of 3
months of arresto mayor with the accessory penalties of the law, pay the fine of
P500.00, indemnify the offended party, Mayor Arsenio Lacson, of P10,000.00,
with subsidiary imprisonment in case of insolvency and to pay the costs.
However, the Court of Appeals modified the judgment by removing the penalty of
arresto mayor, reducing the indemnity amount from P10,000 to P5,000 and
mentioned nothing of the subsidiary imprisonment in case of insolvency. As a
result, Subido filed with the trial court to recognize the decision of the Court of
Appeals and to cancel his appeal bond.

Issue: Whether or not, the accused-appellant can be required to serve the fine
and indemnity prescribed in the judgment of the Court of Appeals in form of
subsidiary imprisonment in case of insolvency?

Held: Yes, The use of a comma (,) in the part of the sentence is to make the
subsidiary imprisonment in case of insolvency refer not only to non-payment of
the indemnity, but also to non-payment of the fine.

MARCELLE GALERA
5. CAPITALIZATION OF LETTERS
An aid of low degree in statutory contruction.
Example: The use of capital letters C and S in civil service in Section 1 and 4 of
Article XII of the 1935 Constitution

6. CONTEXT OF THE WHOLE TEXT

The best source in determining the legislative intent
Legislative may be determined through the words, phrases, sentences, sections
and clauses, provisions taken as a whole and in relation to one another and not from an
isolated part of a provision.
Example: Gelano v Court of Appeals
The word court in Section 5. Effect of Appeals refers to trical court and not to
the Court of Appeals.

7. HEADNOTES AND EPIGRAPHS

Prefix to sections or chapters of a statute for ready reference or classification in
case of ambiguity in the meaning of the law or the intention of the legislature but they
are not part of the law.
Example: Section 47. Repealing Clause
Section 5. Effect of Appeal

General Rule: If the chapter or section heading has been inserted merely
for convenience or reference, it is should not be allowed to control or limit the
interpretation of the statute.

No need to result to the headnote or epigraph if the text of the statute is

clear.

8. LINGUAL TEXT
Refers to the language used to express the statute.
Philippine laws are officially promulgated either in English, Spanish or Filipino or
either of the two such languages.
The original language (English, Spanish or Filipino) used when the statute was
officially promulgated will prevail.

Example: The Judiciary Act of 1948 was approved in English therefore the
English version thereof governs as against its Spanish translation.

General Rule: English text shall govern in a statue promulgated in English and
Spanish unless otherwise provided.

Extrinsic Aids to Construction

MA. ELLA CONCEPCION D. TUS
1. Intent or spirit of law
a. Legislative intent or spirit is the controlling factor, the influence most
dominant if a statute needs construction.
b. The intent of the law is that which is expressed in the words thereof,
discovered in the four corners of the law and aided if necessary by its
legislative history.
Example:
LININDING PANGANDAMAN vs. COMMISSION ON ELECTIONS
[G.R. No. 134340. November 25, 1999.]

Petitioner asserted that the COMELEC acted with grave abuse of discretion
amounting to lack of jurisdiction in ordering the holding of special elections on
July 18 and 25, 1998, more than 30 days after failure to elect in said
municipalities, in contravention of the clear and explicit provisions of Section
6 of the Omnibus Election Code which provides that the holding of special
elections shall not be later than 30 days after failure to elect.
The Supreme Court dismissed the petition.

The provision invoked can not be construed in the manner as argued by

petitioner for it would defeat the purpose and spirit for which the law was
enacted.
Section 2 (1) of Article IX (C) of the Constitution gives the COMELEC the broad
power to "enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum and recall." There can
hardly be any doubt that the text and intent of this constitutional provision is to
give COMELEC all the necessary and incidental powers for it to achieve the
objective of holding free, orderly, honest, peaceful and credible elections.
2. Policy of law
a. A statute of doubtful meaning must be given a construction that will
promote public policy.
NICOLAS B. GARCIA, petitioner, vs. COURT OF APPEALS and ROGER R.
SAN
LUIS, respondents.
[G.R. No. 140049. August 1, 2000.]

Roger R. San Luis, claiming to be the owner of a parcel of land located at Brgy.
Sampaloc, Tanay, Rizal, filed a complaint for forcible entry against Nicolas Garcia
before the Municipal Trial Court (MTC) of Tanay, Rizal. After trial, the
MTC of Tanay, Rizal rendered a decision in favor of San Luis. Consequently,
Garcia appealed. However, the Regional Trial Court, Branch 80, Morong, Rizal,
as well as the Court of Appeals, affirmed the decision of the MTC of Tanay, Rizal.
Garcia then filed the instant petition forcertiorariunder Rule 45 assailing the
decision of the Court of Appeals. During the pendency of this petition, the parties
filed a Joint Motion for Approval of and Judgment on Compromise Agreement
based on their Memorandum of Agreement dated April 24, 2000.
The Court rendered judgment approving the Memorandum of Agreement dated
April 24, 2000 of the parties, the same not being contrary to law, morals, good
customs and public policy; and the parties are hereby enjoined to abide and
comply strictly with the terms and conditions thereof.

3. Purpose of law or mischief to be suppressed

a. The purpose or object of the law or the mischief intended to be
suppressed are important factors to be considered in its construction
Manuel de Guia vs. COMELEC
[G.R. No. 104712. May 06, 1992]

Petitioner imputes grave abuse of discretion to COMELEC in promulgating the

aforementioned resolutions, and maintained that election of Sanggunian
members be at large instead of by district.Whether or not the petitioners
interpretation of Sec.3 of R.A. 7166 is correct in assailing the aforementioned
COMELEC Resolutions.
NO. Petition was dismissed for lack of merit.
Spirit and purpose of the law The reason for the promulgation of R.A. 7166 is
shown in the explanatory note of Senate Bill No. 1861, and that respondent
COMELEC is cognizant of its legislative intent.
No law is ever enacted that is intended to be meaningless, much less inutile. We
must therefore, as far as we can, divine its meaning, its significance, its reason
for being. As it has oft been held, the key to open the door to what the legislature
intended which is vaguely expressed in the language of a statute is its purpose or
the reason which induced it to enact the statute. to effect the full implementation
of the letter and spirit of R.A. 7166.

4. Consequences of various constructions

a. Construction of a statute should be rejected if it will cause injustice, result
in absurdity or defeat the legislative intent.

PEOPLE OF THE PHILIPPINES,

[G.R. No. 149453. October 7, 2003.]

et.al

vs.

PANFILO

M.

LACSON

Respondent seeks the reconsideration of the April 29, 2003 Resolution of this Court
which granted the petitioners' motion for reconsideration. Respondent alleged that
Sec 8, Rule 117 of the Revised Rules of Criminal Procedure (which took effect on
December 1, 2000) should be given not only prospective but also retroactive effect
so as to bar the re-filing of the criminal cases against him which had since long been
terminated, solely on the basis of its being favorable to the accused.
In denying the motion for reconsideration, the Supreme Court ruled, among others,
that: (a) Section 8, Rule 117 cannot be applied retroactively to respondent's case for
to do so would result in "absurd, unjust and oppressive consequences to the State
and the victims of crimes and their heirs";
The law should be construed as is conducive to fairness and justice, and in harmony
with the general spirit and policy of the rule. It should be construed so as not to
defeat but to carry out such end or purpose. A statute derives its vitality from the
purpose for which it is approved. To construe it in a manner that disregards or
defeats such purpose is to nullify or destroy the law. In this case, when the Court
approved Section 8, it intended the new rule to be applied prospectively and not

retroactively, for if the intention of the Court were otherwise, it would defeat the very
purpose for which it was intended, namely, to give the State a period of two years
from notice of the provisional dismissal of criminal cases with the express consent of
the accused.

5. Presumptions
a. Based on logic, common sense; eg. Presumption of constitutionality,
completeness, prospective application, right and justice, etc.
ENRIQUE LIM and DOLORES MONTEMER LIM, petitioners, vs. WORKMEN'S
COMPENSATION COMMISSION and LA SUERTE CIGAR & CIGARETTE
FACTORY, respondents.
[G.R. No. L-43150. December 29, 1978.]
Petitioners filed a claim for death benefits arising from the death of their daughter
caused by acute G.I. hemorrhage and acute abdominal pain contracted during
her employment with respondent company. The regional team leader granted the
claim for compensation, but the Workmen's Compensation Commission denied it
on the basis of the physician's report that the cause of the illness was unknown,
and that the injury was neither caused by accident in pursuance of employment
nor the result of the nature of employment.
On petition for review, the Supreme Court reversed the decision of the
Workmen's Compensation Commission.
PRESUMPTION OF COMPENSABILITY. Where the illness supervened during
the employment, there is a legal albeit disputable presumption that the illness
was caused by or aggravated by the employment and, therefore, compensable.
Although, the physician's report states that the illness was not caused by
deceased's employment, the fact that the report also states that the cause of the
illness is not known, the presumption in favor of the compensability of the illness
cannot be said to have been rebutted.
MARIBETH S. BAYABORDA
6. DICTIONARIES

A statute does not define word or phrases used.

When no help from other sources available, dictionary provide general guidance, help
Technical and Legal terms.
Generally define words in their natural plain and ordinary acceptance and significance.

RULINGS:

Estrada v. Sandiganbayan, GR 148560, Nov. 19, 2001

Word combination or "series", dictionary meaning followed.

Employees State Insurance Corp. vs. TELCO (1976-SC),

Word Apprentice, dictionary meaning followed.

2. HISTORY OF THE TIMES

The court may look to the history of the times, examining the state of things existing
when the statute was enacted.
A statute should not be construed in a spirit.

In determining the meaning, intent, and purpose of a law or constitutional provision, the
history of the times of which grew and to which it may be rationally supposed to bear some
direct relationship, the evils intended to be rmedied and the good to be accomplished are
proper subjects of inquiry.

Law being a manifestation of social culture and progress must be interpreted taking into
consideration the stage of such culture and progress including all the concomitant
circumstances.

RULINGS:

Delos Santos v. Mallare, 87 Phil. 289 (1950)

3. JUDICIAL DECISION

An opinion or determination of the judges in causes before them, particularly in appelate

courts.

Application by a court or tribunal exercising judicial authority of competent jurisdiction of

the law to a state of facts proved, or admitted to be true, and a declaration of the
consequences which follow.

RULINGS:

Bonifacio v. Judge Dizon

G. R. No. 79416, September 5, 2989

4. ADMINISTRATIVE RULINGS AND REGULATIONS

5. FOREIGN JURISPRUDENCE
No use when meaning is clear. However many principles of law (like
natural justice) are based on foreign principles.
Illustration/Explanations in the acts are borrowed from English Laws.
Rulings:
(1) A.K. Gopalan Case (1960-SC)
Foreign decisions referred
(2) Ranjit Udeshi vs State of Maharashtra (1965)
Whether Obscene? Foreign decisions referred.
BRYAN IAN L. MONTANCES
LEGISLATIVE HISTORY
Presidents Message
Explanatory Notes
Congressional deliberations
Prior Laws

Where a particular stature is susceptible of or open to several interpretations there

could be no other better means to ascertain or understand the will and intention of the
legislature than its very history.

In other words - we go back to the very antecedents prior considerations from its
inception to its enactment.

We trace the intents and purposes of the legislature why a stature or law is made in a
particular time and era.

Prevailing current events.

Prevailing crisis.
Prevailing issues.
Prevailing public concerns and belief.
The call of times.

It is important to note that each culture time generation and people has its own
HISTORY

ERGO EVEN STATURE OR ANY LEGISLATION HAS HIS-STORY

HER-STORY
CONDITION IN AND BY WHICH A STATURE IS CREATED AND FRAMED:

POLITICAL TRENDS
DYNAMISM IN CULTURE, TRADITION, BELIEF.
INFLUENCE OF MEDIA, ECONOMY, CHURCH.
AGENDA OF THE CURRENT ADMINISTRATION

1987 CONSTITUTION
Created/framed/promulgated as fruit of the 1986 People Power Revolution.

Product of peoples liberty/freedom from more than 20 years of Marcos Regime

Martial Law.

Framers of the Constitution carrying their own stories and experience.

Same goes with Stature

Each author Each Congress has history as background of passing a bill stature
law.

Other examples :

Sin Tax Law

RH Law
Balikbayan Box Customs Modernization (CMTA)
Election Automation
US Subic Base
MMC to MMDA
VAWC
Gender and Development Act
General Appropriations Act - GAA

PRESIDENTS MESSAGE TO THE LEGISLATURE

Contains the proposed legislative measures and indicates the Presidents thinking on
the proposed legislation which, when enacted into law, follows his line of thinking into
the matter.

It might be part of the Presidents administrations agenda and trajectory.

It underscores the priority measures and enactments that the President wants to put in
place and realized.

EXPLANATORY NOTE

A brief exposition/short explanation/abstract accompanying a proposed legislation by its

author or proponent.

Contains statements of the reason purpose of the bill

ratio legis et anima purpose reason intent of the law

It provides the arguments advanced by the author in urging the passage of the bill.

CONGRESSIONAL DELIBERATIONS

Legislative debates
Legislative views

Where there is doubt as to what a provision of a statute means, the meaning, which is
put to the provision during the legislative deliberations or discussions, may be adopted.

REPORTS OF COMMISSIONS

In construing the provision of the code as thus enacted, courts may properly refer to the
reports of the commission that drafted the code in aid of clarifying ambiguities therein.

PRIOR LAWS

It must be ascertained to be the prior laws from which the stature is based.

Legislative history will clarify the intent of the law or shed light on the meaning and
scope of the codified or revised statue.
This is possible with:

1. local statutes patterned after or copied from another country.

2. common law principle especially when a statute is modeled from old existing laws
3. conditions at a time the statute of law is enacted
4. history of times