Construction, defined
- art or process of discovering and expounding the meaning
and the intention of the authors of the law with respect to tis
application to a given case, where the intention is rendered
doubtful, amongst others, by reason of the fact that the given
case is not explicitly provided for in the law
- drawing of conclusions with respect to subjects that are
beyond the direct expressions of the text, from the elements
known and given in the text.
Legislative intent/ ratio legis
- interpretation according to the spirit or the reason of the
law
- legislative intent must be ascertained from a consideration
of the statute as a whole, and not of an isolated part or
particular provision alone
- every part of a statute must be interpreted with reference to
the context
Dura lex sed lex
- the law is harsh but it is the law
When the law is clear and unambiguous, there is no
room for interpretation
Spirit and purpose of the law
- spirit of the law that determines its construction
- what is within the spirit of the law is as much a part of the
law as what is written
Index animi sermo
- speech is the indication of intent
- words employed by the legislature in a statute correctly
expresses its intent or will
Verbal egis non est recedendum (plain meaning rule)
- from the words of the statute, there should be no departure
Ut res magis valeat quam pereat
Review of law in its entirety and its intendment must
be given effect
Wisdom/ practicality of law
Executive/ administrative interpretation
- high repute is attached to the construction placed by the
executive officials charged with the responsibility of applying
a statute
- in case of conflict between a statute and an administrative
order, the statute must prevail.
-> a rule or regulation must conform to and be
consistent with the provisions of the enabling statute in
order for such rule or regulation to be valid
Literal interpretation
Valid in part, void in part
Ambiguity, construed against party who caused it
- ie. contracts and insurance policies.
Ratio: the one who made the contract is expected to
have understood the words used in making such
and the one who merely agreed to it cannot be found at fault
to
Law does not distinguish, courts should not distinguish
Mandatory/ directory/ prohibiture
Expressio unius est exclusio alterius
- the express mention of one thing in a law, as a general
rule, means the exclusion of others not expressly mentioned
Ejusdem Generis
- where general terms follow the designation of particular
things or classes of eprsons or subjects, the general term will
be construed to include those things or persons of the same
class or of the same nature as those specifically enumerated
- is only resorted to only for the purpose of determining the
legislative intent in enacting the law
Statement of individual legislator
Noscitur a sociis
- where a particular word or phrase in a statement is
ambiguous in itself or is equally susceptible of various
meanings, its true meaning may be made clear and specific
by considering the company in which it is found or with which
it is associated.
And/Or
Retroactivity
Casus omissus pro omisso habendus est
- a person, object or thing omitted, must have been omitted
intentionally
Computation of time
Intent of Statute ascertained from statute taken as a
whole
- each part of a statute should be construed in connection
with every other part to produce a harmonious whole, not
confining construction to only one section.
Verba Legis
- if a statute is clear, plain and free from ambiguity, it must be
given its literal meaning and applied without interpretation
- a meaning that does not appear nor is intended or reflected
in the very language of the statute cannot be placed therein
by construction
Statutes in pari materia
- statutes in pari materia should be read and construed
together because enactments of the same legislature on the
same subject are supposed to form part of one uniform
system; later statutes are supplementary or complimentary to
the earlier enactments
- should be construed together to attain the purpose of an
expressed national policy
[Liberal/ Strict Construction]
Wills
- Statutes prescribing the formalities to be observed in the
execution of a will must be strictly construed.*
- the object of solemnities surrounding the execution of wills is
to close the door against bad faith and fraud, accordingly,
laws on this subject should be interpreted to attain these
primordial ends
- it is not the object of the law to restrain and curtail the
exercise of the right to make a will. So when an interpretation
already given assures such ends, any other interpretation
whatsoever, that adds nothing but demands more requisites
entirely unnecessary, useless and frustrative of the testators
last will, must be disregarded
Naturalization
- doubts concerning grant of citizenship should be resolved in
favor of the Government and against the applicant
- naturalization laws should be rigidly enforced and strictly
construed in favor of the government and against the
applicant.
Labor
- labor statutes must be liberally construed in favor of the
laborer concerned.
- liberal construction and interpretation of labor laws may not
be applied where the pertinent provisions of the Labor Code
and PD 626 are clear and leave no room for interpretation.
Agrarian Laws
- must be interpreted liberally in favor of the grantees in
order to give full force and effect to the clear intent of such
laws: to achieve a dignified existence for the small farmers;
and to make them more independent, self-reliant and
responsible citizens, and a source of genuine strength in our
democratic society
Tax Statutes
- general rule in interpretation of statutes levying taxes or
duties not to extend their provisions beyond the clear import
of the language used.
- in case of doubt, statutes are construed most strongly
against the Government and in favor of the citizen, because
burdens are not to be imposed, nor presumed to be imposed
beyond what the statutes expressly and clearly import.
- where there is in the same statute a particular enactment
and a general one which in its most comprehensive sense
would include what is embraced in the former, the particular
enactment must be operative, and the general enactment
must be taken to affect only such cases within its general
language as are not within the provisions of the particular
enactment
- one must first apply the well-settled doctrine of strict
interpretation in the imposition of taxes before one could
apply the principle of tax exemptions
Tax Exemptions
- Tax exemption is not favored.
- Exemptions from statutes are never presumed
- Exceptions from taxation are construed in strictissimi juris
against the taxpayer and liberally in favor of the taxing
authority
- Tax amnesty is never favored nor presumed in law and if
granted by statute, the terms of the amnesty like that of a tax
exemption must be construed strictly against the tax payer
and liberally in favor of the taxing authority.
- A claim of exemption from tax payments must be clearly
shown and based on language in the law too plain to be
mistaken.
- Taxation is the rule, exemption therefrom is the exception.
- if the grantee of the exemption is a political subdivision or
instrumentality, the rigid rule of construction does no apply
because the practical effect of the exemption is merely to
reduce the amount of money that has to be handled by the
government in the course of its operations.
Rules of Court
- rules of court mandate a liberal construction of the rules and
the pleadings to effect substantial justice.
- liberal construction of formal requirementspleadings, as
well as remedial laws, should be construed liberally, in order
that the litigants may have ample opportunity to prove their
respective claims, and that a possible denial of substantial
justice, due to legal technicalities may be avoided.
- liberality in the construction of rules, not a case of, where
the decision of the Court of Appeals is satisfactorily supported
by the records.
- General rule: that for failure of a party to appear at the pre-
trial he may be non-suited of considered as in default; Rule
not intended as an implacable bludgeon but as a tool to assist
the trial courts in the orderly and expeditious conduct of trials
Insurance
- Contracts of insurance construed liberally in favor of the
insured and strictly against the insurer. Thus, ambiguity in the
words of an insurance contract should be interpreted in favor
of its beneficiary.
- provisions of the surety bond must be read in its entirety and
together with the contract between the parties.
Corporations
- Corporation law must be given a reasonable, not an unduly
harsh, interpretation which does not hamper the development
of trade relations and which fosters friendly commercial
intercourse among countries.
Probation Laws
- policy of liberality of probation statutes cannot prevail
against the categorical provisions of the law
Interpretation of Penal Statutes
- Penal laws are liberally construed in favor of the offender.*
- rule may be invoked only when the law is
ambiguous and there is doubt as to its interpretation
rationale: tenderness of the law for the rights of
individuals
note: if a strict application will favor the accused,
then that interpretation is favored
- when possible, all words of a statute are to be given some
meaning so that when the legislator makes use of words of
limitation, he must be presumed to have intended to limit and
restrict, in some way, the word or idea with reference to which
such words of limitation are applied.
- in general, penal provisions of a statute are to be construed
strictly
- in construing particular words or terms used in a statute,
due regard should be had for the context.
- in order to determine the true intent of the legislature, the
particular clauses and phrases of the statute should not be
taken as detached and isolated expressions, but the whole
and every part thereof must be considered in fixing the
meaning of any of its parts
Effects of Repeals and Amendments General and
Special Laws
- general legislation must give way to special legislation on
the same subject, and generally be so interpreted as to
embrace only cases in which the special provisions are not
applicable. That specific statutes prevails over general statute
and that where two statutes are of equal theoretical
application to a particular case, the one designed therefor
specially should prevail. *
- a later statute, general in its terms and not expressly
repealing a prior special statute, will ordinarily not affect the
special provisions of such earlier statutes.
- Where there are two statutes, the earlier special and the
later general, the fact that one is special and the other is
general creates a presumption that the special is to be
considered as remaining as exception to the general, one as a
general law of the land, the other as the law of a particular
case.
- if a new law is inconsistent with or repugnant to the old law,
the presumption against the intent to repeal by implication is
overthrown because the inconsistency or repugnancy reveals
an intent tot repeal the existing law.
- Repeal by implication is not favored and will not be so
declared unless the intent of the legislators is manifest.