CARDINAL RULES OF CONSTRUCTION 7.

Statutes in Derogation of Sovereignty – so that the state can be

The cardinal rule of construction is to ascertain the intention and meaning upheld
of the legislature for the purpose of giving effect thereto. 8. Private Laws – strictly construed because it is for the
accommodation of the private, not for common good
How intention is sought 9. Penal Laws – law is intended to be in favor of the defendant,
1. By resort to natural signification of the words employed establish a certain rule by conformity to which mankind will be safe
- Must be understood in the sense must obvious to the common in the discretion of the court
understanding at the time of the creation or adoption of the
law What Statutes are Liberally Construed
- Technical legal terms must be given their technical legal 1. General Welfare Legislations
meaning  Social justice and protection to labor provisions
2. By considering old law, mischief, and remedy  Article 4, Labor Code
- As remedy  Granting rights to laborers, debtors and the poor or persons
3. By looking to the existing conditions of history known to be suffering from disadvantages
- To give idea to what happened 2. Retirement Laws
4. By referring to debates and proceedings of convention  In favor of retirees
5. By resort to the doctrine of implications  Purpose- to provide sustenance and hopefully comfort when one
- Whatever is necessary to render effective any provision of has no longer stamina to work
law/constitution whether the same is a prohibition, or a 3. Corporation Laws
restriction, or the grant of a power, must be deemed implied 4. Revised Rules of Court
and intended in the provision itself
6. By resort to other conditions Prospective and Retrospective Interpretation and Construction
a. Borrowed provisions Retrospective Interpretation and Prospective Interpretation and
- Presumed to have the same meaning and construction given to Construction Construction
them  Holds the statute to be  Limits the operation of a statute
b. Contemporaneous and long-continued construction applicable to or governing to such facts and causes arising
- Fundamental Principle- if universally adopted and acquiesced in transactions or state of facts after its enactments
for a long period of time, is valuable aid in determining wholly completed prior its
meaning and intention in cases of doubt enactment
- Contemporaneous Construction  theretofore, heretofore  hereafter, thereafter
- The construction put upon the language or meaning of
constitution/law at the time of its adoption, or shortly  Statutes are prospectively construed unless retroactive
thereafter by members of the convention which framed it or by operation is clearly shown in the language used
learned men who expressed their opinions in that regard  Statutes have no retroactive effect unless otherwise provided
publicly or judicially. therein
- The courts may resort to contemporaneous construction of  Laws which have retroactive application – Penal laws, provided
that put upon it at the time of its passage or soon afterwards in Article 22 of the RPC, curative laws
and universally acquiesces in and acted upon
Literal and Artificial or Strained Construction and Interpretation
Practical Construction Literal Interpretation and Construction
Its Nature: The intention of the constitution is ascertained by practical - When the words of a statute are clear and unambiguous they
construction made by the legislature must be held to mean what they plainly express
The legislative intent must be ascertained from the consideration of the Artificial or Strained Interpretation and Construction
statute as a whole and not as an isolated part - Whereby the words of the statute are arrested from their plain
and obvious meaning and made to bear an entirely different
Strict and Liberal Interpretation and Construction meaning for the purpose of avoiding an obvious or unjust result
Strict Interpretation and Liberal Interpretation and
Construction Construction
 Simply refuses to expand  Antithesis of Strict I and C
the law by implication and  Such equitable consideration PARTICULAR RULES OF CONSTRUCTION
equitable consideration but to enlarge the letter of the Methods
confines to cases which is statute to accomplish its  Verba Legis – considering the very words of the law itself
within the statute and intended purpose and  Ratio Legis – considering the occasion of making the law, spirit
reason as to resolve all promote justice, also resolve of the law or reason for it
reasonable doubts reasonable doubt in favor of  Mens Legislatoris – considering the intention of the maker
 No room for expansion of cases which are not in the
the law spirit of the law A. VERBA LEGIS
1. Dura Lex, Sed Lex
Factors to Consider in Determining Whether One will use Strict/Liberal  The law is harsh, but it is the law
I and C  When the law is clear, no interpretation is needed
1. Former law on the matter  The legislature must be presumed to know the meaning of
2. Persons or rights which it deals words, to have used the words advisedly and to have expressed
3. Letter or language of the law its intent by the such of such words
4. Purposes and Objects of the Statute (PP vs Purisima) 2. Ejusdem Generis
 Where general terms follow the designation of particular
What Statutes are Strictly Construed things, or classes of persons or subjects, the general terms will
1. Naturalization Laws – in favor of the government and against the be construed to include those things or persons of the same
applicant class or of the same nature as those specifically enumerated
2. Statutes Prescribing the Formalities of a Will – failure to comply is  Purpose – to give effect to both the particular and general
fatal, results to voiding of the will words, by treating the particular words as indicating the class
Formalities – a) Testator must sign in all pages, b) Three attesting and the general words as including all that is embraced in said
witnesses while signing, c) All three witnesses looking at the testator class, although not specifically named by the particular words
while he is signing the will  Exceptions
3. Statutes Conferring the Right of Eminent Domain 1. Superior persons and things not embraced in the
4. Legislative Grants enumeration of inferior ones
5. Tax Exemption – strictly construed against the taxpayer, and if not 2. The term “other persons” used after enumeration of
expressly mentioned in the law must be within its purview by clear certain class not applicable to the whole world
legislative intent 3. The term “other property” used after enumeration of
6. Statutes in Derogation of Common Rights – refers to statute which personality not applicable to real property
operate in restraint of personal liberty, or civil rights or which grant 4. The rule has more stringent application to penal and
power to deprive persons of their property, or which restrain criminal laws
freedom of contract, or the exercise of any trade or expression 5. The rule must give way if intent of law is clear
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3. Reddendo Singula Singulis
 Where a sentence has several antecedents and several
consequents they to be read distributively
 Also referred as DOCTRINE OF COLLOCATION
4. Expressio Unius Est Exclusio Alterius
 The rule means that the mention of one thing implies the
exclusion of another
 Should be applied only as a means of discovering the legislative
intent which is not otherwise manifest and should never be
permitted to defeat the plainly indicative purpose of the
legislative
5. Noscitur a sociis
 The meaning of particular terms in a statute may be
ascertained by reference to words associated with or rebut or
related to them in the statute
6. Casus Omissus
 Words or phrases may be supplied by the courts and inserted in
a statute where that is necessary to eliminate repugnancy and
inconsistency in that statute, to complete the sense thereof,
and to give effect to the intention of the legislative manifested
therein
 WHEN PERMISSIBLE – Courts will correct errors or misprints
and supply omissions, which if unleft uncorrected will render
statute meaningless or nonsensical or will defeat its intended
operation
 WHEN NOT PERMISSIBLE- When statute makes specific
provisions in regard to several enumerated cases or objects but
omits to make any provisions for a case or object which is
analogous to those enumerated, or which stands upon the
same reason, and is therefore within the general scope of the
statute, and it appears that such a case or object was omitted
by inadvertence or because it was overlooked or unforeseen
B. RATIO LEGIS
 The reason underlying the law
 Applicable where adherence to the letter would lead to
absurdity, injustice, contractions, or defeat the plain purpose of
the act
 “Let us not interpret not by the letter that killeth but the spirit
that giveth life”
C. MENS LEGISLATORIS
 Intention of the legislature
 Courts look into the object to be accomplished, the evils and
mischiefs to be remedied, or the purpose to be subserved
CONSTRUCTION OF WORDS AND PHRASES
 General Rule: The words and phrases used in a statute should
be given the meaning intended by the legislature.
 When language is plain and unambiguous and conveys a clear
and definite meaning, there is no occasion for resorting to rules
of statutory construction, the statute must be given its plain
and obvious meaning.
 The language of the statute must be read in its natural and
most obvious import resorting to sbtle and forced construction
 Est Ipsorum Legislatorium Tan Guam Viva Vox – The language
of the statute is to be understood and interpreted like ordinary
spoken language.
Interpretation of Particular Words and Phrases
a. Technical Words and Phrases – presumed to have been used in
technical sense and should be so understood unless evident
intention of legislature is to give them popular signification
b. Commercial and Trade Terms – words of commerce and trade, in a
tariff or revenue law or other statutes relating to those subjects are
to be understood in the sense they are generally accepted in
commerce and trade
c. Terms judicially defined or with well settled meaning in law – if used
in subsequent statute, they are to be understood in the same sense
unless there is something in the context to show that they are
intended to bear a different meaning
d. Words or more than one meaning – interpreted in accord with the
manifest purpose of the statute as gathered from the text
e. Similar words in same statute – a word repeatedly used in a statute
should be understood as having the same meaning throughout the
statute, unless there is something to show that other meaning is
intended
f. Associated Words – when the meaning of a statute is ambiguous or
vague, its true meaning may be made clear and specific by
considering the company in which it is found and that meaning of
the terms which are associated with it
 May - when used in a statute is permissive only and operates to
confer discretion
 Shall – imperative, operating a duty which may be enforced
 Doctrine of Last Antecedent – relative and qualifying words, phrase
and clauses are to be applied to the word or phrase immediately
receding and not extend to others more remote
 Or - a disjunctive term signifying dissociation from each other things
enumerated unless the context requires a different interpretation;
indicating an alternative
 And – a conjunctive, words to be taken jointly
 All – whether used in its universal or comprehensive sense or merely
as a general term depends upon the demands of sound reason
 Every – word of inclusion
 Any – a restrictive interpretation
 Computation of Time
Art. 13. (NCC) When the laws speak of years, months, days or nights,
it shall be understood that years are of three hundred sixty-five days
each; months, of thirty days; days, of twenty-four hours; and nights
from sunset to sunrise.
If months are designated by their name, they shall be computed by the
number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day
included.
INTRINSIC AIDS OF CONSTRUCTION
 In determining what a statute aims to convey, the first logical
thing to look is the statute itself.
 Taken from the statute itself in determining the meaning and
the intention of the legislature.
a. The Context or Language surrounding and accompanying the
various sections, clauses and provisions of a statute, as well as
the particular words and phrases employed
 Not to be considered in themselves alone and construed as if
isolated from the rest, but they are interpreted with reference to the
language surrounding and accompanying them – the context.
 If there is any ambiguity or doubt as to their meaning, the context
must be consulted as means of removing the obscurity
b. Title of the Act
a. Under the Civil law System – considered as important aid, as
showing directly the object of the legislative body
b. Under Constitutional Requirement as to Subject and Title – will be
entitled to greater weight than belongs to it in the absence of
such constitutional requirement
 If expressive may resolve doubts as to its proper construction by
extending its purview or by restraining it or by correcting an obvious
error
 May limit the scope of the act but it may not add to or extend the
operation of the statute
 Need not to be an index to the entire contents of the law
c. Preamble
 For the purpose of ascertaining legislative intent
 It is the key to the statute, to open the minds if the makers as to the
mischiefs which are to be remedied, the objects to be accomplished,
by the provisions of the statute
 But can neither expand nor control the scope and application of the
body of the law when the letter is clear and explicit
d. Title, Chapter, and Section headings
 They may be consulted in aid of interpretation but inferences drawn
from such headings are entitle to very little weight, and they can
never control the plain terms of the statute
e. Punctuations
 Not allowed to control, enlarge or restrict the plain and evident
meaning of the legislators as disclosed by the language employed
 If there is no doubt as to the meaning except that arising from
erroneous or defective punctuation, the courts will disregard the
punctuation and read the statute as in correctly punctuated
 If statute is open to two constructions and there is nothing to show
which one was intended by the legislature, except the punctuation,
and if the punctuation would support one of such constructions but
would be inconsistent with the other, the punctuation will govern
f. Interpretation Clause
 Nature and Binding Force – A section sometimes incorporated in as
statute, prescribing rules for its construction, or defining the
meaning of words and phrases used therein. As part of the law it is
binding on the courts which must follow the definitions and rules of
construction will not be extended beyond their necessary import,
nor will may be allowed to defeat the intention of the legislature
otherwise clearly manifested in the act.
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 5. Judicial Construction
EXTRINSIC AIDS OF CONSTRUCTION  In interpreting statutes, it should be construed with similar
 Those extraneous facts, circumstances and means of statutes
explanation, resorted to for the purpose of determining the  Judicial decisions previously rendered on the interpretation of
legislative intent. particular terms and phrases used in a statute, and decisions
 Those not found on the law but help you ascertain the meaning subsequently rendered upon its effect, purpose, or scope are
 Admissibility of Extrinsic Aids strong evidence of its meaning and are generally controlling
In case of doubt or uncertainty as to the meaning and force in establishing its correct construction.
intention of the legislature, which cannot be removed by 6. Legislative Construction
resort to intrinsic aids, then recourse may be had to  You cannot enact a law that interprets another law
extrinsic aids which are admissible so long as they are 7. Legislative History of Statutes
logically connected with the act in question, or authentic,  History of the bill in its progress through the legislature by
or inherently entitled to respectful consideration. examining legislative journals
8. Legislative Debates
a. Dictionaries (Legal, Scientific and General)  Could be proved useful when they show common
 to determine the meaning of the words understanding in the meaning of the law
 while dictionary definitions are not imperatively binding they 9. Motives of the Legislature
are persuasive evidence in support of the conclusions which  Courts cannot inquire into the motives of the legislature except
the courts are induced to adopt, on other and more weighty in so far as they may be disclose on the face of the act or
considerations inferable from its operation
b. Documents and State Papers 10. Reference to Other Text if Language Promulgated in More Than
 capable of throwing light upon the meaning of statute One Language
especially when it is of the character of a public official  To explain obvious ambiguity, or correct mistakes
document or state paper  e.g. reference to Original Text ( Spanish to English Text of the
c. Scientific and Political Writings Civil Code, RPC)
 In case in it is necessary to determine the meaning of words 11. Doctrine of Implications and Inference
and phrases employed in statute, provided the works consulted  That which is implies in the statute is as much a part is what
are standard works and of generally accepted authority which is expressed
 While not invested with controlling authority they often furnish  Enables the courts to draw inferences from the legislative
valuable assistance to the judicial tribunals in their search for purpose and intention in such a way as to determine whether
the meaning intended certain minor or specific things are covered by the general or
d. Legal Textbooks broad terms in a statute.
 Often a considerable assistance to the courts in case resort to  Restriction: Courts may not by implication read into a statute
extrinsic aids is necessary. that which is not intended to be there.
 While never admitted to be absolutely authoritative, they serve
as persuasive or cumulative evidence of the true meaning of
statute the degree of respect of course depending upon
PRESUMPTIONS IN AID OF CONSTRUCTION
learning in reputation of author and the measure of care and
The intention of the legislature to enact a valid, just and sensible law.
right reason he has handled the subject.
e. Official Opinions
1. Presumption against exceeding limits of legislative authority
 Always received with great respect and consideration, and may
 Presumed they have enacted within their authority
be resorted to for the purposes of determining the meaning of
 If there are two interpretations, one within the limits and the other
the statute
beyond the limits of the statute, the one within the limits will be
f. Judicial Notes
followed
 All those matters of facts of which the courts may take judicial
2. Presumption against violation of International Law, and against
notice may be summoned by the courts to their aid in cases of
extraterritorial operation of statutes
necessity , to determine the meaning and intention of the
 In case of doubt, a statute should be so construed as to harmonize
statute
with the rules and principles of international law, rather than to
g. Other Extrinsic Aids
violate them
1. Contemporary History
 Prima facie, every statute is confined in its operation within the
 The courts may consider the history of the times and of the act
territory of the state enacting it, and the presumption is always
itself, the previous state of the law
against giving it extraterritorial application
 Factors to consider:
3. Presumption in favor of constitutionality of a statute
1. What was the common law before the making of the
 Enacted within the provision of the constitution
law
 The presumption is always in favor of constitutionality and every
2. What was the act, mischief, or common defect which
doubt should be resolved by the courts in favor if such
the common law did not solve
constitutionality
3. What remedy was passed to solve and appointed to
 Party invoking has the burden of proof that a law is unconstitutional
cure the misuse of the law
4. Presumption against inconsistency
4. What is the reason of the remedy
 The mind of the legislature is presumed to be consistent and its
2. Physical Conditions of the Country
enactment therefore also presumed to be consistent with each
 Instances that happen and why the law is enacted
other
 It is proper to consider the physical conditions of a country
5. Presumption as to motives of legislature
which must of necessity affect its operation in order to reach an
 The courts will primary assume that the legislature considered the
understanding as to the end of the legislature
effects of legislation on the constitutional rights of the citizen
 Examples: the 1970s and BP 22, 1993 Death Penalty for
 That it acted from patriotic and just motives, and with a desire to
Heinous Crime because of the condition of the country during
promote the public good, and that law are passed in good faith in
that time, How Martial Law was declared
order to remedy some evil
3. Contemporary Construction
 Courts cannot impute to the legislature a disregard of any
 In case of doubt as to the meaning of a statute, the courts may
fundamental principle of liberty
resort to contemporaneous construction of that put upon it at
6. Presumption in beneficial operation
the time of its passage or soon afterwards and universally
7. Presumption against impossibility
acquiesces in and acted upon. Such construction is entitled to
 Lex Nin Cogit An Impposiblia - The law does not compel a man to do
great weight and will be accepted as the true construction
that which is impossible.
unless there are cogent reasons to the contrary.
 Lex Non Intendit Aliquid Impossible – The law does not require an
 Contemporanea Expositio Est Optima Et Fortissima In Lege –
impossibility.
The contemporary construction is the best and strongest in
8. Presumption against injustice and hardship
understanding the law.
 Art. 10. (NCC) In case of doubt in the interpretation or application of
4. Usage
laws, it is presumed that the lawmaking body intended right and
 Used all the times and the consistent construction, especially if
justice to prevail.
general and long continued
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  Legis Constructio Non Facit Injuriam – The construction of the law
will not be such as to result to injury/injustice.
 Would have no application when the language of the law is explicit
even if it will result to an injustice
 Hoc Quiram Perquam Durum Est Sed Ita Scripta Lex Est - This is
exceedingly hard, but so the law is written
9. Presumption against inconvenience
 It is presumed that the legislature never worked against public
inconvenience
10. Presumption against absurdity
 It is presumed that the legislature does not intend an absurdity or
that absurd consequence shall flow from its enactments, and such a
result should be avoided, if the terms of the act admit of it, by
reasonable construction.
 Lex Semper Intendit Quod Covenit Rationi – The law always intend
that which is in accordance with reason.
11. Presumption against ineffectiveness
 It is presumed that the legislature intends to impart to its
enactments such a meaning as will render them operative and
effective, and courts will construe them as to carry out these
objects.
12. Presumption as to public policy and morality
 It is presumed that the legislature have intended its enactment to
accord with the principles of sound public policy and the interests of
public morality and not to violate them
13. Presumption against irrepealable laws
 It is presumed that the legislature had not intended its enactment to
be irrepealable or to divest the state of any portion of its sovereign
powers
14. Presumption as to jurisdiction of courts
 It is presumed that the legislature by its enactment does not intend
to oust or restrict the jurisdiction of superior courts, or to vest a new
jurisdiction in them, unless there be express words or a necessary
implication to that effect
 Not to encroach the jurisdiction of the courts – to interpret and
apply the law based on certain facts
15. Presumption regarding existing laws
 It is presumed that the legislature, in drafting and enacting a statute,
had full knowledge and took cognizance of all existing laws ion the
same subject matter or relating thereto
 It is presumed that the legislature knows all the laws of the land
16. Presumption against unnecessary change of laws
 It is presumed that the legislature does not intend to make
unnecessary changes in the pre-existing body of law and the
construction of a statute should be such as to avoid any change in
the prior laws beyond what is necessary to effect the specific
purpose of the act in question
17. Presumption against implied repeal of laws
 The presumption that the legislature does not intend to make
unnecessary changes in the law. It follows that there is also a
presumption against repeals by implication
18. Presumption in favor of exception to general language
 It is presumed that the legislature intended exceptions to its general
language which would avoid injustice, oppression, or absurdity, if
literal interpretation were adopted
19. Presumption in favor of previous judicial construction
 When statute is revised or re-enacted after it had received judicial
construction, it is presumed that the legislature intended that
construction to continue. It is the same with adopted statutes.
 Some court decisions ended up as laws to strengthen the effect.