Chapter 7

STRICT OR LIBERAL CONSTRUCTION

[9 SLIDES]
Strict or liberal construction?

General Rule: It depends on

1. Nature of the statute
2. Purpose to be subserved
3. Mischief to be remedied
4. Best way to accomplish the end desired
5. Best way to effectuate legislative intent
 Liberal Construction defined

Liberal construction means such equitable construction as will enlarge the

letter of a statute
1. to accomplish its intended purpose;
2. To carry out its intent;
3. To promote justice.

Liberal construction is that construction which expands the meaning of a

statute to meet cases which are clearly within the spirit or reason thereof or
within the evil which the statute was designed to remedy, or which gives a
statue its generally accepted meaning to the end that the most
comprehensive application thereof may be accorded, without being
inconsistent with its language or doing violence to any of its terms.
 Liberal Construction
[When is it applied?]
1. General social legislation
a. Labor laws
b. Tenancy laws
c. Land reform laws
d. Social security laws

2. General welfare clause [construed liberally in favor of the LGU]

a. Grant of power to LGU
b. Statutes granting taxing power to LGU [strictly construed against
the State and liberally in favor of LGU]
3. Statutes prescribing a prescriptive period to collect taxes
4. Statutes imposing penalties for nonpayment of tax [liberally
construed in favor of the State and strictly construed against the
taxpayer]
5. Provisions of Election laws designed to determine the will of the
electorate are liberally construed.
6. Amnesty proclamation
7. Laws prescribing the prescriptions of crimes
8. Adoption statutes [construed liberally in favor of the child]
9. Veteran and pension laws
10. Rules of Court
a. Where a rigid application will result in a manifest failure or a
miscarriage of justice;
b. Where the interest of substantial justice will be served;
c. Where the resolution of the emotion is addressed solely to the
sound and judicious discretion of the court;
d. Where the injustice to the adverse party is not commensurate
with the degree of his thoughtlessness in not complying with the
prescribed procedure.
11. Curative statutes
12. Redemption laws
13. Warehouse receipts
14. Probation law
15. A statute granting powers to an agency created by the Constitution
 Strict Construction
[When is it applied?]
1. Penal statutes [Statues which command or prohibit certain
acts, and establish penalties for their violation, or even those which,
without expressly prohibiting certain acts, impose a penalty upon
their commission.] [Penal laws are strictly construed against the
State and liberally in favor of the accused.]

Exception: Where a penal statute is capable of two interpretations,

one which will operate to exempt an accused from liability for violation
thereof and another which will give effect to the manifest intent of the
statute and promote its object, the LATTER interpretation should be
adopted.
2. Statutes in derogation of rights.
a. Expropriation of private property;
b. Allowing the taking of deposition;
c. Fixing the ceiling of the price of commodities;
d. Limiting the exercise of proprietary rights by individual citizens;
e. Suspending the period of prescription of actions;
3. Statutes authorizing appropriations
4. Statutes granting privileges
5. Legislative grants to local government units
6. Statutes relating to suspension or removal of public officials
7. Laws on naturalization
8. Tax statutes
9. Statues granting tax exemptions
Exceptions:
a. Where the law expressly states the exceptions
b. Where the exemption is in favor of the government itself or its
agencies
8. Statutes concerning the sovereign UNLESS the sovereign is expressly
mentioned
9. Statutes authorizing suits against the State
10. Statutes prescribing the formalities of a will
11. Exceptions and provisos should be strictly but reasonable construed