Chapter III

Intrinsic Aids v. Extrinsic Aids

Intrinsic Aids

Title Definition Why important When resort to title not allowed - Cases:City of Baguio v. Marcos, GR No. 26100, February 28, 1969, 27 SCRA 342. RA 931, computation of time to reopen case for judicial proceedingsEbarle v. Sucaldito 126 SCRA 803 (1987)Commissioner of Customs v. Relunia 105 Phil 875 (1959)

Preamble What is used in lieu thereof? Explanatory note What is the function of the preamble? People v. Purisima, 86 SCRA 542 (1978) Carrying outside ones residence of a bladed, blunt or pointed weapon: PD 9 Per the preamble, it is necessary that the carrying must be in furtherance of the commission of rebellion, subversion, lawless violence, criminality.

Context of the Whole Text The context may circumscribe the meaning of a statute; it may give to a word or phrase a meaning different from its usual or ordinary signification. In such a case, the meaning dictated by the context prevails.

Punctuation Marks semi-colon v. comma v. period; functions Aid of low degree

Capitalization of Letters

Headnotes or epigraphs convenient index to the contents of its provisions little value; can never control the clear terms of the provisions; used mainly for convenience of the reader. Secondary aids, such as this one can be consulted to remove, not create doubt and ambiguity.

Lingual text Where promulgated in both English and Spanish, English text will govern but in case of ambiguity, the other text may be consulted Section 20, Book I, Chapter 4 of the 1987 Administrative Code Otherwise, where promulgated in only one language, such will govern RPC Spanish.

Intent or spirit of the law The spirit, rather than the letter, of a statute determines its construction. A statute must be read according to its spirit. The intent or the spirit is the law itself

Policy of the Law Example of policies: Homestead law; policy against double gratuity

Purpose of the law or mischief to be suppressed NB: where a statute laws down a general rule with certain exceptions, the purpose of the general rule is not determinative of the proper construction to be given to the exception

Dictionaries Where the law does not define the words used in a statute and the legislatute has not intended a technical or special legal meaning to those words, the Court may adopt the meaning as used in dictionaries. The use of words in their ordinary meaning is always presumed. Why? Lawmakers are not lexicographers.

Consequences of various constructions should the construction be strict, literal, or liberal? Whatever it is, the objective is always to arrive at a reasonable and sensible interpretation that is in full accord with the legislative intent. A construction that will cauase hardship, injustice, absurdity, etc. should be avoided.

Presumptions What: Presumptions are based on logic, experience and common sense, and in the absence of compelling reasons to the contrary, doubts will be resolved in favor of that which is in accord with the presumption on the matter. Examples: presumption in favor of the constitutionality of laws; prospectability; right of justice, etc.

LEGISLATIVE HISTORY

What constitutes legislative history? Generally, it refers to all its antecedents from its inception until its enactment into law:1. Procedure with the Congress from the time of its introduction as a bill to its passage;2. The Presidents message 3. Explanatory note;4. Committee reports5. Debates and deliberations6. Amendments and changes in the phraseology in which it undergoes before final approval7. The prior statute on which it is based on, if any, its practical application8. If the statute is borrowed, the foreign law on which it is based, its interpretation and judicial history, its practical application

The Presidents message Can be used if the law was enacted in response thereto

Explanatory NoteA short exposition or explanation accompanying a proposed legislation by its author or proponent. Contains reasons for the bill and arguments urging its passage.

Legislative debates, views and deliberations - NB: the opinions and views expressed by the legislators during the floor deliberations of a bill may not be given weight at all in any of the following instances: 1) where there circumstances indicating other meaning; 2) where the views expressed are conflicting; 3) where the intent deducible is not clear; 4) where the statute is free from ambiguity

Reports of Commissions Example: Civil Code; RPC

Prior laws from which the statute is based Especially applicable to codes, revised or compiled statues. Cases:1. People v. Manantan, 115 Phil 657 (1962) Justice of the peace included in the word judge: Election Code based on Revised Administrative Code (which was based on CA 357).2. Director of Lands v. Abaya, 63 Phil. 559 (1936)-date when the actions to claim cadastral land must be commenced 3. Salaysay v. Castro, 98 Phil 364 (1956)- interpretation of actually holding; considered resigned upon filing for an officer than what he is actually holding; vice-mayor, who is acting mayor, running for mayor --- considered resigned? No. (Act 666, Sec. 2)

Change in phraseology by amendments Indicates a legislative intent to change the meaning of the provision from that it originally had; courts may investigate the history of the provision to ascertain legislative intent as to the meaning of the amendment. Case:1. Commissioner of Customs v. CTA whether a vessel, which berths at a privately owned wharf or pier, is liable for payment of the berthing charge under Sec. 2901, TCC? No. It refers to national ports, which is an amendment of any port in PD 34

Amendment by deletion Cases: 1. Gloria v. CA; 306 SCRA 287 (1999) Sec. 35 of old Civil Service Act providing compensation to employees preventively suspended has been deleted in th new law. Employees under preventive suspension are not, therefore, entitled to salaries during such period.2. Buenaseda v. Flavier, 226 SCRA 645 (1993) Interpretation of Section 24 of RA 6770 re: power of ombudsman to suspend employees not in his office. (deletion of the word subordinat and bureau in the Ombudsman Law.

This rule will not apply when the deleted word is a surplusage.

Adopted Statutes Where local statutes are patterned after or copied from those of another country, the decisions of the courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes. Exception: When the foeign and local laws differ in some material aspect; Where he adopting state has given the statute its own interpretation;

Principles of Common Law Courts may resort to common law in construing doubtful provisions of adopted statutes.

Conditions at the time of enactment In order to understand the intent of the legislature, the physical conditions of the country and the circumstances obtaining at the time of the enactment of the law must be considered.

History of the Times

Contemporary Construction The constructions placed upon statutes at the time of, or after, their enactment by the executive, legislature or judicial authorities., as well as by those who, because of their involvement in the process of legislation, are knowledgeable of the intent and purpose of the law, such as draftsmen and bill sponsors.

Executive Construction1. Construction by an executive or administrative officer directly called to implement the law;2. Construction by the Secretary of Justice (which may be modified by the President)3. Interpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial power.

Weight Afforded Entitled to great weight and respect by the courts in the interpretation of ambiguous provisions of law. Why? 1) The best interpreter of the law is usage;2) Executive officials are presumed to have familiarized themselves with all the considerations pertinent to the interpretation of law;3) There is a need for certainty and predictability in the law.

When disregarded where there is no ambiguity in law; where the construction is clearly erroneous where the court has given the statute a different interpretation

Note:Erroneous interpretation does not create a vested right or preclude correction.

Legislative Interpretation Not controlling; cannot limit the power of the Courts to interpret law Usually made through an interpretative or declaratory clause prescribing rules of construction; May also define terms in the law

Legislative ApprovalReenactment A persuasive indication of the adoption of Congress of a prior executive construction.

Stare Decisis Of greater weight than the interpretation given by the executive (because it forms part of the law of the land); Must not be an obiter dictum in order to be binding. It presupposes that the facts of the precedent and the case to which it is applied are substantially the same; Only applies to decision of the SC; Not absolute, does not apply when there is a conflict with the law.

Chapter IV

Adherence to, or departure from, language of statute.

A. Literal Interpretation

GR: The intent of the legislature to be ascertained, and thereafter given effect, is the intent expressed in the language of the statute. The plain-meaning rule or verba legis states that if a statute is clear and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. Index animi sermo (Speech is the index of intention) Why? The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed its intent by the use of such words as are found in the statute. Cases:

National Federatio of Labor v. NLRC:Issue: Whether an employer that was compelled to cease its operation because of the compulsory acquisition by the government of its land for purposes of agrarian reform, is liable to pay separation pay.Held: No: The closure contemplated under Article 283 of the Labor Code is a unilateral and voluntary act in the part of the employer.

The GR supports that main principle in statutory construction that when there is no ambiguity, construction is prohibited. Hence, even if the courts know that the law is not what was intended by the Congress, if it is not ambiguous it must be applied as is.

Dura Lex Sed Lex When the law is clear, it is not susceptible of interpretation. It must be applied regardless of who may be affected, even if it ay be harsh or onerous. The law may be harsh, but it is the law. (dura lex sed lex) When the language of the law is clear, no explanation of it is required. (Absoluta sentential expositore non indigent) It is exceedingly hard but so the law is written (hoc quidem perquam durum est, sed ita lex scripta est) Decent regard to the legislative will precludes courts from engaging in judicial legislation. Where the law is clear, appeals to justice and equity as justification to construe it differently are unavailing. Equity is available only in the absence of law and not its replacement. Equity is unavailing when positive law exists. (aequitas nunquam contravenit legis equity never acts in contravention of law).

B. Departure from Literal Interpretation

Statute must be capable of interpretation, otherwise inoperative

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