18178617-Statutory-Construction-Notes.doc

8/13/2019 18178617-Statutory-Construction-Notes.doc

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STATUTORY CONSTRUCTION

CHAPTER IPRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction the art or process of discovering andexpounding the meaning and intention of the authors of the law withrespect to its application to a given case, where that intention isrendered doubtful, among others, by reason of the fact that the given

case is not explicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking theintention of the legislature in enacting a statute and applying it to agiven state of facts.

A judicial function is reuired when a statute is invoked and differentinterpretations are in contention.

!ifference between judicial legislation and statutory construction"#here legislature attempts to do several things one which is invalid, it

may be discarded if the remainder of the act is workable and in no waydepends upon the invalid portion, but if that portion is an integral partof the act, and its excision changes the manifest intent of the act bybroadening its scope to include subject matter or territory which wasnot included therein as enacted, such excision is $judicial legislation%and not $statutory construction%.

CONSTRUCTION AND INTERPRETATION,DISTINGUISHED

Construction is the drawing of conclusions with respect to subjectsthat are beyond the direct expression of the text, whileinterretationis the process of discovering the true meaning of thelanguage used.

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&nterpretation is limited to exploring the written text. 'onstruction onthe other hand is the drawing of conclusions, respecting subjects thatlie beyond the direct expressions of the text.

SITUS OF CONSTRUCTION AND INTERPRETATION

&n our system of government"

(egislative power is vested in the 'ongress of the )hilippines the

*enate and the +ouse of the epresentatives

-xecutive power is vested in the )resident of the epublic of the

)hilippines Art. /&&, *ec.0, )hil. 'onst.1

Judicial power is vested in one *upreme 'ourt and in such lower

courts as may be established by law. Art /&&&, *ec. 0, )hil. 'onst.1

(egislative makes the law-xecutive 2 executes the lawJudicial interprets the law

*imply stated, the situs of construction and interpretation of writtenlaws belong to the judicial department.

&t is the duty of the 'ourts of Justice to settle actual controversiesinvolving rights which are legally demandable and enforceable, and todetermine whether or not there has been a grave abuse of discretion

amounting to lack or excess of jurisdiction on the part of any branch orinstrumentality of the government.

*upreme 'ourt is the one and only 'onstitutional 'ourt and all otherlower courts are statutory courts and such lower courts have the powerto construe and interpret written laws.

DUTY OF THE COURTS TO CONSTRUE AND INTERPRETTHE LA!" RE#UISITES

0. 3here must be an actual case or controversy,4. 3here is ambiguity in the law involved in the controversy.

Ambiguity exists if reasonable persons can find different meanings in astatute, document, etc.

A statute is ambiguous if it is admissible of two or more possiblemeanings.

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&f the law is clear and uneuivocal, the 'ourt has no other alternativebut to apply the law and not to interpret.

'onstruction and interpretation of law come only after it has been

demonstrated that application is impossible or inadeuate withoutthem.

DIFFERENT $INDS OF CONSTRUCTION ANDINTERPRETATION

Her%eneutics the science or art of construction and interpretation.

Le&a' (er%eneutics is the systematic body of rules which are

recogni5ed as applicable to the construction and interpretation of legalwritings.

!r. (ieber in his work on +ermeneutics gives the followingc'assi)ication o) t(e *i))erent +in*s o) interretation"

0. 'lose interpretation adopted if just reasons connected with thecharacter and formation of the text induce as to take the words inthe narrowest meaning. 3his is generally known as $ literal%interpretation.

4. -xtensive interpretation also called as liberal interpretation, it

adopts a more comprehensive signification of the words.6. -xtravagant interpretation substitutes a meaning evidently

beyond the true one. &t is therefore not genuine interpretation.7. 8ree or unrestricted interpretation proceeds simply on he general

principles of interpretation in good faith, not bound by any specificor superior principle.

9. (imited or restricted interpretation 2 influenced by other principlesthan the strictly hermeneutic ones.

:. )redestined interpretation takes place when the interpreter,laboring under a strong bias of mind, makes the text subservient tohis preconceived views and desires.

SU-ECTS OF CONSTRUCTION AND INTERPRETATION

Most common subjects of construction and interpretation are theconstitution and statutes which include ordinances. ;ut we may alsoadd resolutions, executive orders and department circulars.

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CHAPTER IISTATUTES

LEGISLATI.E PROCEDURES

3he power to make laws is lodged in the legislative department of thegovernment.

A statute starts with a bill.

i'' is the draft of a proposed law from the time of its introduction ina legislative body through all the various stages in both houses. &t isenacted into law by a vote of the legislative body. An /Act0 is theappropriate term for it after it has been acted on and passed by thelegislature. &t then becomes a statute, the written will of thelegislature solemnly expressed according to the form necessary toconstitute it as the law of the state.

$*tatute (aw% is a term often used interchangeably with the word

$statute%. *tatute (aw, however, is broader in meaning since itincludes not only statute but also the judicial interpretation andapplication of the enactment.

HO! DOES A ILL ECOMES A LA! 1 STEPS

A bill before it becomes a law must pass the strict constitutionalreuirements explicit both in the 0


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hearings, the committee shall decide whether or not to report thebill favorably or whether a substitute bill should be considered.*hould there be an unfavorable report of the committee, then theproposed bill is dead.

d. @pon favorable action by the committee, the bill is returned to the

?ational Assembly and shall be calendared for the second reading.e. &n the second reading, the bill is read in its entirety.f. &mmediately after the second reading, the bill is set for open

debates where members of the assembly may proposeamendments and insertions to the proposed bill.

g. After the approval of the bill in its second reading and at least three61 calendar days before its final passage, the bill is printed in itsfinal form and copies thereof distributed to each of the members.

h. 3he bill is then calendared for the third and final reading. At thisstage, no amendment shall be allowed. nly the title of the bill isread and the ?ational Assembly will then vote on the bill. @nder the

present 0=b 'onstitution, after the third and final reading at one+ouse where the bill originated, it will go to the other +ouse whereit will undergo the same process.

i. After the bill has been passed, it will be submitted to the )rimeMinister )resident1 for approval. &f he disapproves, he shall veto itand return the same with his objections to the ?ational Assembly+ouse where it originated1, and if approved by two2thirds of all itsmembers, shall become a law. @nder the present set2up, if theoriginating house will agree to pass the bill, it shall be sent,together with the objections to the other house by which it shall belikewise be considered and must be approved by two2thirds of the

votes. -very bill passed by 'ongress shall be acted upon by the)resident within thirty 6B1 days from receipt thereof. therwise, itshall become a law.

CONSTITUTIONAL TEST IN THE PASSAGE OF A ILL

3hree 61 very important constitutional reuirements in the enactmentof statute"

0. -very bill passed by 'ongress shall embrace only one subject which

shall be expressed in the title thereof. 3he purposes of thisconstitutional reuirements are"

3o prevent hodge2podge or log2rolling legislationC

3o prevent surprise or fraud upon the legislatureC and

3o fairly apprise the people, through such publications of

legislative proceedings as is usually made, of the subjects oflegislation that are being considered, in order that they may

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have opportunity of being heard thereon by petition orotherwise, if they shall so desire.

4. ?o bill passed by either +ouse shall become law unless it haspassed three readings on separate days, and printed copies thereofin its final form have been distributed to each member three days

before its passage.6. -very bill passed by the 'ongress shall, before it becomes a law, bepresented to the )resident. 3he executive approval and veto powerof the )resident is the third important constitutional reuirement inthe mechanical passage of a bill.

PARTS OF STATUTE

a. Tit'e the heading on the preliminary part, furnishing the name bywhich the act is individually known. &t is usually prefixed to the

statute in the brief summary of its contents.b. Prea%2'e part of statute explaining the reasons for its enactment

and the objects sought to be accomplished. @sually, it starts with$whereas%.

c. Enactin& c'ause part of statute which declares its enactmentand serves to identify it as an act of legislation proceeding from theproper legislative authority. $;e enacted% is the usual formula usedto start this clause.

d. o*y the main and operative part of the statute containing itssubstantive and even procedural provisions. )rovisos andexceptions may also be found.

e. Reea'in& C'ause 2 announces the prior statutes or specificprovisions which have been abrogated by reason of the enactmentof the new law.

f. Sa3in& C'ause restriction in a repealing act, which is intended tosave rights, pending proceedings, penalties, etc. from theannihilation which would result from an unrestricted repeal.

g. Seara2i'ity C'ause provides that in the event that one or moreprovisions or unconstitutional, the remaining provisions shall still bein force.

h. E))ecti3ity C'ause announces the effective date of the law.

$INDS OF STATUTES

0. Genera' La4 affects the community at large. 3hat which affectsall people of the state or all of a particular class.

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4. Secia' La4 designed for a particular purpose, or limited in rangeor confined to a prescribed field of action on operation.

6. Loca' La4 relates or operates over a particular locality instead ofover the whole territory of the state.

7. Pu2'ic La4 a general classification of law, consisting generally ofconstitutional, administrative, criminal, and international law,concerned with the organi5ation of the state, the relations betweenthe state and the people who compose it, the responsibilities ofpublic officers of the state, to each other, and to private persons,and the relations of state to one another. )ublic law may begeneral, local or special law.

9. Pri3ate La4 defines, regulates, enforces and administersrelationships among individuals, associations and corporations.

:. Re%e*ia' Statute providing means or method whereby causesof action may be affectuated, wrongs redressed and relief obtained.

=. Curati3e Statute a form of retrospective legislation whichreaches back into the past to operate upon past events, acts ortransactions in order to correct errors and irregularities and torender valid and effective many attempted acts which wouldotherwise be ineffective for the purpose intended.

>. Pena' Statute defines criminal offenses specify corresponding

fines and punishments.


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CONCEPT OF .AGUE STATUTES

*tatues or act may be said to be vague when it lacks comprehensiblestandards those men $of common intelligence must necessarily guessat its meaning and differ as to its application.

*tatute is repugnant to the 'onstitution in two 41 respects"0. &t violates due process for failure to accord persons fair notice of

conduct to avoidC and4. &t leaves law enforcers unbridled discretions.

3he *upreme 'ourt held that the $vagueness% doctrine merelyreuires a reasonable degree of certainty for the statute to beupheld222 not absolute precision or mathematical exactitude.8lexibility, rather than meticulous specificity, is permissible as long asthe metes and bounds of the statute are clearly delineated

REPEALS OF STATUTE MAY E E5PRESSED OR IMPLIED

E6ress reea' 1 is the abrogation or annulling of a previouslyexisting law by the enactment of a subseuent statute which declaresthat the former law shall be revoked and abrogated.

I%'ie* reea' when a later statute contains provisions so contraryto irreconcilable with those of the earlier law that only one of the twostatutes can stand in force.

3he repeal of a penal law deprives the court of jurisdiction to punishpersons charged with a violation of the old penal law prior toits repeal.

On'y a 'a4 can reea' a 'a4.

3he intention to repeal must be clear and manifest, otherwise, at least,as a general rule, the later act is to be construed as a continuation of,and not a substitute for, the first act.

3wo 41 categories of repeal by implication"0. #here provision in the two acts on the same subject matter are in

an irreconcilable conflictC4. &f the later act covers the whole subject of the earlier one and is

clearly intended as a substitute to be a complete and perfectsystem in itself.

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ORDINANCE

Or*inance an act passed by the local legislative body in the exerciseof its law2making authority.

TEST OF .ALID ORDINANCE

0. Must not contravene the 'onstitution or any statuteC4. Must not be unfair or oppressiveC6. Must not be partial or discriminatoryC7. Must not prohibit but may regulate tradeC9. Must be general and consistent with public policyC and:. Must not be unreasonable.

REASON !HY AN ORDINANCE SHOULD NOTCONTRA.ENE A STATUTE

(ocal councils exercise only delegated legislative powers conferred onthem by 'ongress as the national law making body.

3he delegate cannot be superior to the principal.

ROLE OF FOREIGN -URISPRUDENCE

)hilippine laws must necessarily be construed in accordance with theintention of its own law makers and such intent may be deduced fromthe language of each law and the context of other local legislationrelated thereof.

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CHAPTER IIIASIC GUIDELINES IN THE CONSTRUCTION AND

INTERPRETATION OF LA!S

LEGISLATI.E INTENT

3he object of all interpretation and construction of statutes is to

ascertain the meaning and intention of the legislature, to the end thatthe same may be enforced.

(egislative intent is determined principally from the language of thestatute.

.ERA LEGIS

&f the language of the statute is plain and free from ambiguity, andexpress a single, definite, and sensible meaning, that meaning isconclusively presumed to be the meaning which the legislatureintended to convey.

STATUTES AS A !HOLE

A cardinal rule in statutory construction is that legislative intent mustbe ascertained from a consideration of the statute as a whole and notmerely of a particular provision. A word or phrase might easily conveya meaning which is different from the one actually intended.

A statute should be construed as a whole because it is not to bepresumed that the legislature has used any useless words, andbecause it is dangerous practice to base the construction upon only apart of it, since one portion may be ualified by other portions.

SPIRIT AND PURPOSE OF THE LA!

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#hen the interpretation of a statute according to the exact and literalimport of its words would lead to absurd or mischievous conseuences,or would thwart or contravene the manifest purpose of the legislaturein its enactment, it should be construed according to its spirit andreason, disregarding or modifying, so far as may be necessary, the

strict letter of the law.

#hen the reason of the law ceases, the law itself ceases.

!octrine of necessary implications. #hat is implied in a statute is

as much a part thereof as that which is expressed.

CASUS OMISSUS

#hen a statute makes specific provisions in regard to severalenumerated cases or objects, but omits to make any provision for acase or object which is analogous to those enumerated, or whichstands upon the same reason, and is therefore within the generalscope of the statute, and it appears that such case or object wasomitted by inadvertence or because it was overlooked or unforeseen, itis called a /casus o%issus07 *uch omissions or defects cannot besupplied by the courts.

3he rule of $casus omissus pro omisso habendus est% can operate andapply only if and when the omission has been clearly established.

STARE DECISIS

&t is the doctrine that, when court has once laid down a principle, andapply it to all future cases, where facts are substantially the same,regardless of whether the parties and properties are the same.

Stare Decisis. 8ollow past precedents and do not disturb what has

been settled. Matters already decided on the merits cannot berelitigated again and again.

Stare decisis et non quieta moverefollow past precedents and donot disturb what has been settled.

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CHAPTER I.CONSTRUCTION AND INTERPRETATION OF

!ORDS AND PHRASES

!HEN THE LA! DOES NOT DISTINGUISH, COURTSSHOULD NOT DISTINGUISH

#hen the law does not distinguish, courts should not distinguish. 3herule, founded on logic, is a corollary of the principle that general wordsand phrases of a statute should ordinarily be accorded their naturaland general significance.

3he courts should administer the law not as they think it ought to bebut as they find it and without regard to conseuences.

&f the law makes no distinction, neither should the 'ourt.

E5CEPTIONS IN THE STATUTE

#hen the law does not make any exception, courts may not exceptsomething unless compelling reasons exist to justify it.

GENERAL AND SPECIAL TERMS

Deneral terms in a statute are to receive a general construction, unlessretrained by the context or by plain inferences from the scope andpurpose of the act.

Deneral terms or provisions in a statute may be restrained and limitedby specific terms or provisions with which they are associated.

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*pecial terms in a statute may sometimes be expanded to a generalsignification by the consideration that the reason of the law is general.

GENERAL TERMS FOLLO!ING SPECIAL TERMS8E-USDEM GENERIS9

&t is a general rule of statutory construction that where general wordsfollow an enumeration of persons or things, by words of a particularand specific meaning, such general words are not to be construed intheir widest extent, but are to be held as applying only to persons or

things of the same general kind or class as those specificallymentioned. ;ut this rule must be discarded where the legislativeintention is plain to the contrary.

3his rule is commonly called the $ejusdem generis% rule, because itteaches us that broad and comprehensive expressions in an act, suchas $and all others%, or $any others%, are usually to be restricted topersons or things $of the same kind% or class with those speciallynamed in the preceding words.

ule of ejusdem generis merely a tool of statutory constructionresorted to when legislative intent is uncertain.

E5PRESS MENTION AND IMPLIED E5CLUSION

&t is a general rule of statutory construction that the express mentionof one person, thing, or conseuence is tantamount to an expressexclusion of all others. Expressio unius est exclusio alterius.

-xcept"

#hen there is manifest of injustice #hen there is no reason for exception.

ASSOCIATED !ORDS 8NOSCITUR SOCIIS9

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#here a particular word is eually susceptible of various meanings, itscorrect construction may be made specific by considering the companyof terms in which it is found or with which it is associated.

USE OF NEGATI.E !ORDS

?egative words and phrases regarded as mandatory while thoseaffirmative are mere directory.

3he word /s(a''0 emphasi5es mandatory character and meansimperative, operating to impose a duty which may be enforced.

THE USE OF THE !ORD /MAY0 AND /SHALL0 IN THESTATUTE

@se of the word /%ay0in the statute generally connotes a permissiblething, and operates to confer discretion while the word /s(a''0 isimperative, operating to impose a duty which may be enforced.

3he term $shall% may be either as mandatory or directory dependingupon a consideration of the entire provision in which it is found, itsobject and conseuences that would follow from construing it one wayor the other.

USE OF THE !ORD /MUST0

3he word $must% in a statute like $shall% is not always imperative andmay be consistent with an exercise discretion.

THE USE OF THE TERM /AND0 AND THE !ORD /OR0

$And% means conjunction connecting words or phrases expressing theidea that the latter is to be added or taken along with the first.

$r% is a disjunctive particle used to express as alternative or to give achoice of one among two or more things. &t is also used to clarify whathas already been said, and in such cases, means $in other words,% $towit,% or $that is to say.%

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COMPUTATION OF TIME

#hen the laws speak of years, months, days or nights, it shall beunderstood that years are of three hundred sixty five days eachCmonths of thirty daysC days of twenty four hoursC and nights from

sunset to sunrise.

&f months are designated by their name, they shall be computed by thenumber of days which they respectively have.

&n computing a period, the first day shall be excluded, and the last dayincluded Art. 06, ?ew 'ivil 'ode1.

A $week% means a period of seven consecutive days without regard tothe day of the week on which it begins.

FUNCTION OF THE PRO.ISO

Pro3isois a clause or part of a clause in the statute, the office ofwhich is either to except something from the enacting clause, or toualify or restrain its generality, or to exclude some possible ground ofmisinterpretation of its extent.

/Pro3i*e*0is the word used in introducing a proviso.

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CHAPTER .PRESUMPTIONS IN AID OF CONSTRUCTION AND

INTERPRETATION

PRESUMPTIONS

&n construing a doubtful or ambiguous statute, the 'ourts will presumethat it was the intention of the legislature to enact a valid, sensible andjust law, and one which should change the prior law no further thanmay be necessary to effectuate the specific purpose of the act inuestion.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

(aws are presumed constitutional. 3o justify nullification of law, theremust be a clear and uneuivocal breach of the constitution.

3he theory is that, as the joint act of the legislative and executiveauthorities, a law is supposed to have been carefully studied anddetermined to be constitutional before it was finally enacted.

All laws are presumed valid and constitutional until or unless otherwiseruled by the 'ourt.

PRESUMPTION AGAINST IN-USTICE

3he law should never be interpreted in such a way as to cause injusticeas this never within the legislative intent.

#e interpret and apply the law in consonance with justice.

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Judges do not and must not unfeelingly apply the law as it is worded,yielding like robots to the literal command without regard to its causeand conseuence.

PRESUMPTION AGAINST IMPLIED REPEALS

3he two laws must be absolutely incompatible, and clear findingthereof must surface, before the inference of implied repeal may bedrawn.

&n the absence of an express repeal, a subseuent law cannot beconstrued as repealing a prior law unless an irreconcilableinconsistency and repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTI.ENESS

&n the interpretation of a statute, the 'ourt should start with theassumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ASURDITY

*tatutes must receive a sensible construction such as will give effect to

the legislative intention so as to avoid an unjust and absurd conclusion.

)resumption against undesirable conseuences were never intendedby a legislative measure.

PRESUMPTION AGAINST .IOLATION OFINTERNATIONAL LA!

)hilippines as democratic and republican state adopts the generallyaccepted principles of international law as part of the law of the land

and adheres to the policy of peace, euality, justice, freedom,cooperation, and amity with all nations. Art. &&, *ec. 4, )hil.'onstitution1.

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CHAPTER .IINTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

INTRINSIC AIDS

3he term $intrinsic% means internal or within. &ntrinsic aids, therefore,are those aids within the statute.

&ntrinsic aids are resorted to only if there is ambiguity. &n resorting tointrinsic aids, one must go back to the parts of the statute" the title,the preamble, context or body, chapter and section headings,punctuation, and interpretation.

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CHAPTER .IIE5TRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

E5TRINSIC AIDS

3hese are existing aids from outside sources, meaning outside of thefour corners of the statute. &f there is any doubt as to the meaning ofthe statute, the interpreter must first find that out within the statute.

-xtrinsic aids therefore are resorted to after exhausting all theavailable intrinsic aids and still there remain some ambiguity in the

statute.

-xtrinsic aids resorted to by the courts are history of the enactment ofthe statuteC opinions and rulings of officials of the government calledupon to execute or implement administrative lawsC contemporaneousconstruction by executive officersC actual proceedings of the legislativebodyC individual statements by members of congressC and the authorof the law.

ther sources of extrinsic aids can be the reports andrecommendations of legislative committeesC public policyC judicial

constructionC and construction by the bar.

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CHAPTER .IINTRINSIC AIDS IN CONSTRUCTION AND

INTERPRETATION

INTRINSIC AIDS

3he very term $intrinsic% means internal or within.

&ntrinsic aids, therefore, are those aids within the statute.

&f the language of the statute is clear and uneuivocal, there is no need

to resort to intrinsic aids.

&n resorting to intrinsic aids, one must go back to the parts of thestatute.

THE TITLE OF THE LA! IS A .ALUALE INTRINSIC AIDIN DETERMINING LEGISLATI.E INTENT

TE5T OF THE STATUTE AS INTRINSIC AID

*ubtitle of the statute as intrinsic aid in determining legislative intent.

PREAMLE AS INTRINSIC AID

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3he intent of the law as culled from its preamble and from thesituation, circumstances and conditions it sought to remedy, must beenforced.

)reamble used as a guide in determining the intent of the lawmaker.

CHAPTER .II

E5TRINSIC AIDS IN CONSTRUCTION ANDINTERPRETATION

E5TRINSIC AIDS

-xtrinsic aids are existing aids from outside sources, meaning outsidefrom the four corners of the statute.

-xtrinsic aids are resorted to after exhausting all the available intrinsic

aids and still there remain some ambiguity in the statute.

-xtrinsic aids resorted to by the courts are"

+istory of the enactment of the statuteC

pinions and rulings of officials of the government called upon toexecute or implement administrative lawsC

'ontemporaneous construction by executive officers charged

with implementing and enforcing the provisions of the statutesunless such interpretation is clearly erroneousC

Actual proceedings of the legislative bodyC

&ndividual statements by members of congressC and 3he author of the law

ther sources of extrinsic aids are"

eports and recommendations of legislative committeesC

)ublic policyC

Judicial constructionC and

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'onstruction by the bar

&t is a well2accepted principle that where a statute is ambiguous, courtsmay examine both the printed pages of the published Act as well asthose extrinsic matters that may aid in construing the meaning of the

statute, such as the history of its enactment, the reasons of thepassage of the bill and purposes to be accomplished by the measure.

&ndividual statements by members of 'ongress on the floor do notnecessarily reflect legislative intent.

3he best interpreter of the law or any of its provisions is the author ofthe law.

CHAPTER .IIISTRICT AND LIERAL CONSTRUCTION AND

INTERPRETATION OF STATUTES

GENERAL PRINCIPLES

&f a statute should be strictly construed, nothing should be includedwithin the scope that does not come clearly within the meaning of the

language used.

;ut the rule of strict construction is not applicable where the meaningof the statute is certain and unambiguous , for under thesecircumstances, there is no need for construction.

n the other hand, there are many statutes which will be liberallyconstrued. 3he meaning of the statute may be extended to matterswhich come within the spirit or reason of the law or within the evilswhich the law seeks to suppress or correct.

(iberal interpretation or construction of the law or rules, however,applies only in proper cases and under justifiable causes andcircumstances. #hile it is true that litigation is not a game oftechnicalities, it is eually true that every case must be prosecuted inaccordance with the prescribed procedure to insure an orderly andspeedy administration of justice.

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PENAL STATUTES

)enal laws are to be construed strictly against the state and in favor ofthe accused. +ence, in the interpretation of a penal statute, thetendency is to subject it to careful scrutiny and to construe it with such

strictness as to safeguard the right of the accused.

&f the statute is ambiguous and admits of two reasonable butcontradictory constructions, that which operates in favor of a partyaccused under its provisions is to be preferred.

TA5 LA!S

3axation is a destructive power which interferes with the personal andproperty rights of the people and takes from them a portion of theirproperty for the support of the government.

Accordingly, in case of doubt, tax statutes must be construed strictlyagainst the government and liberally in favor of the taxpayer, fortaxes, being burdens, are not to be presumed beyond what theapplicable statute expressly and clearly declares.

Any claim for exemption from a tax statute is strictly construed against

the taxpayer and liberally in favor of the state.

NATURALI:ATION LA!

?aturali5ation laws should be rigidly enforced and strictly construed infavor of the government and against the applicant.

INSURANCE LA!

'ontracts of &nsurance are to be construed liberally in favor of theinsured and strictly against the insurer. 3hus, ambiguity in the wordsof an insurance contract should be interpreted in favor of itsbeneficiary.

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LAOR AND SOCIAL LEGISLATIONS

!oubts in the interpretation of #orkmenEs 'ompensation and (abor'ode should be resolved in favor of the worker. &t should be liberallyconstrued to attain their laudable objective, i.e., to give relief to the

workman andFor his dependents in the event that the former shoulddie or sustain in an injury.

3he sympathy of the law on social security is towards its beneficiariesand the law by its own terms, reuires a construction of utmostliberality in their favor.

RETIREMENT LA!S

etirement laws are liberally interpreted in favor of the retiree because

the intention is to provide for the retireeEs sustenance and comfort,when he is no longer capable of earning his livelihood.

ELECTION RULES

*tatute providing for election contests are to be liberally construed tothe end that the will of the people in the choice of public officer maynot be defeated by mere technical objections.

RULES OF COURT

ule of court shall be liberally construed in order to promote theirobjective of securing a just, speedy and inexpensive disposition ofevery action and proceeding.

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CHAPTER I5PROSPECTI.E AND RETROSPECTI.E STATUTES

GENERAL PRINCIPLES

Prospective statute is a statute which operates upon acts andtransactions which have not occurred when the statute takes effect,that is, which regulates the future.

Retrospective or retroactive law is one which takes away orimpairs vested rights acuired under existing laws, or creates newobligations and imposes new duties, or attaches new disabilities inrespect of transaction already past.

A sound canon of statutory construction is that statutes operateprospectively only and never retrospectively, unless the legislativeintent to the contrary is made manifest either by the express terms ofthe statute or by necessary implication.

3he 'ivil 'ode of the )hilippines follows the above rule thus" (aws shall

have no retroactive effect, unless the contrary is provided.

etroactive legislation is looked upon with disfavor, as a general ruleand properly so because of its tendency to be unjust and oppressive.

PENAL STATUTES

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CHAPTER 5

CONFLICTING STATUTES

EFFECT SHOULD E GI.EN TO THE ENTIRE STATUTE

&t may happen that in a statute, conflicting clauses and provisions mayarise. &f such situation may occur, the statute must be construed as awhole.

STATUTES IN PARI MATERIA

*tatutes that relate to the same subject matter, or to the same class ofpersons or things, or have the same purpose or object.

*tatutes inpari materiaare to be construed togetherC each legislativeact is to be interpreted with reference to other acts relating to thesame matter or subject.

+owever, if statutes of eual theoritical application to a particular casecannot be reconciled, the statute of later date must prevail being a

later expression of legislative will.

GENERAL AND SPECIAL STATUTES

*ometimes we find statutes treating a subject in general terms andanother treating a part of the same subject in particularly detailedmanner.

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&f both statutes are irreconcilable, the general statute must give way tothe special or particular provisions as an exception to the generalprovisions.

3his is so even if the general statute is later enactment of thelegislature and broad enough to include the cases in special law unlessthere is manifest intent to repeal or alter the special law.

STATUTE AND ORDINANCE

&f there is conflict an ordinance and a statute, the ordinance must giveway.

&t is a well2settled rule that a substantive law cannot be amended by aprocedural law.

A general law cannot repeal a special law.

&n case of conflict between a general provision of a special law and aparticular provision of a general law, the latter will prevail.

#hen there is irreconcilable repugnancy between a proviso and thebody of a statute, the former prevails as latest expression of legislativeintent.

3he enactment of a later legislation which is general law cannot beconstrued to have repealed a special law.

A statute is superior to an administrative circular, thus the later cannotrepeal or amend it.

#here the instrument is susceptible of two interpretations, one whichwill make it invalid and illegal and another which will make it valid andlegal, the latter interpretation should be adopted.

&n case of conflict between an administrative order and the provisionsof the 'onstitutions, the latter prevails.

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CHAPTER 5ICONSTRUCTION AND INTERPRETATION OF THE

CONSTITUTION

A constitution is a system of fundamental law for the governance andadministration of a nation. &t is supreme, imperious, absolute, andunalterable except by the authority from which it emanates.

@nder the doctrine of constitutional supremacy, if a law or contractviolates any norm of the constitution, that law or contract whetherpromulgated by the legislative, or by the executive branch or enteredinto by private persons for private purposes is null and void andwithout any force or effect.

ALL PRO.ISIONS OF THE CONSTITUTION ARE SELF;E5ECUTING" E5CEPTIONS

*ome constitutions are merely declarations of policies. 3heir

provisions command the legislature to enact laws and carry out thepurposes of the framers who merely establish an outline ofgovernment providing for the different departments of thegovernmental machinery and securing certain fundamental andinalienable rights of citi5ens.

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3hus a constitutional provision is self2executing if the nature andextent of the right conferred and the liability imposed are fixed by theconstitution itself.

@nless it is expressly provided that a legislative act is necessary to

enforce a constitutional mandate, the presumption now is that allprovisions of the constitution are self2executing.

&n case of doubt, the 'onstitution should be considered self2executingrather than non2self2executing, unless the contrary is clearly intended.

?on2self2executing provisions would give the legislature discretion todetermine when, or whether, they shall be effective, subordinated tothe will of the law2making body.

PROHIITORY PRO.ISIONS GI.EN LITERAL ANDSTRICT INTERPRETATION

Duidelines in construction and interpretation of the constitution arestressed"

0. 3he 'ourt in construing a 'onstitution should bear in mind theobject sought to be accomplished by its adoption, and the evils, ifany, sought to be prevented or remedied.

4. ne provision of the 'onstitution is to be separated from all theothers, to be considered alone, but that all provisions bearing upon

a particular subject are to be brought into view and to beinterpreted as to effectuate the great purposes of the instrument.

6. 3he proper interpretation of the 'onstitution depends more on howit was understood by the people adopting it than the framerEsunderstanding thereof.

THE CONSTITUTIONAL PRO.ISION ON NATURAL;ORNCITI:ENS OF THE PHILIPPINES GI.EN RETROACTI.EEFFECT

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THE CONSTITUTION MUST E CONSTRUED IN ITSENTIRETY AS ONE, SINGLE DOCUMENT

LIERAL CONSTRUCTION OF ONE TITLE OF ONESU-ECT

A liberal construction of the $one title2one subject% rule has beeninvariably adopted by the court so as not to cripple or impedelegislation.

3he title expresses the general subject and all the provisions aregermane to the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE ?CONSTITUION IS NOT GO.ERNED Y ANY FORMALRE#UIREMENT AS TO FORM7 IT CAN E ORAL7 IT CANE !RITTEN7 IT CAN E E5PRESS7 IT CAN EIMPLIED7

SPECIAL PRO.ISION PRE.AILS O.ER A GENERAL ONE

Lex specialis derogant generali

SUPREMA LE5

&t is time2honored that the 'onstitution is the *upreme (aw of the land.&t is the law of all laws. +ence, if there is conflict between a statuteand the 'onstitution, the statute shall yield to the 'onstitution.

STARE DECISIS

3he rule of precedents.

Judicial decisions applying or interpreting the laws or the 'onstitutionshall form part of the legal system of the )hilippines.

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CONCLUSION

3he fundamental principle of constituitonal construction is to giveeffect to the intent of the framers of the organic law and of the peopleadopting it.

CHAPTER 5IIRECENT CASES ON STATUTORY CONSTRUCTION

T(e ter% /%ay0 is in*icati3e o) a %ere ossi2i'ity,an oortunity or an otion7

An i%'ie* reea' is re*icate* on a su2stantia'con)'ict 2et4een t(e ne4 an* rior 'a4s7

T(e a2ro&ation or reea' o) a 'a4 cannot 2eassu%e*" t(e intention to re3o+e %ust 2e c'ear an*%ani)est7

!(en t(e 'a4 sea+s in c'ear an* cate&orica'

'an&ua&e, t(ere is no occasion )or interretation7

Pena' 'a4s %ust 2e construe* strict'y7 Suc( ru'e is)oun*e* on t(e ten*erness o) t(e 'a4 )or t(e ri&(tso) in*i3i*ua's an* on t(e 'ain rinci'e t(at t(eo4er o) unis(%ent is 3este* in t(e Con&ress, notin t(e -u*icia' *eart%ent7

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!(ere a re@uire%ent is %a*e e6'icit an*una%2i&uous ter%s, no *iscretion is 'e)t to t(eu*iciary7 It %ust see to it t(at t(e %an*ate is

o2eye*7

Statutes t(at are re%e*ia', or t(at *o not createne4 or ta+e a4ay 3este* ri&(ts, *o not )a''B

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