Aids of Construction Notes

EXTRINSIC AIDS
1 Legislative debates, views and deliberations, except when the

speech or statements have no relevance to the law.
2 Legislative history
3 President's message to legislature
4 Explanatory notes
5 Reports of commissions
6 Change in phraseology
7 Principles of common law
8 Conditions at the time of enactment
PRESUMPTIONS IN AID OF CONSTRUCTION

1 Presumption of Validity
2 Presumption of Constitutionality
3 Presumption of Good Faith
4 Presumption Against Injustice
5 Presumption Against Inconsistency
6 Presumption Against Absurdity (interpret to avoid absurd resort)
7 Presumption Against Ineffectiveness (made effective and
necessary laws, it would be waste if otherwise)
Rules of Statutory Construction against ineffectiveness
1. Where a law is susceptible of 2 constructions, one would render
it unconstitutional, the other upholds the validity, the court
upholds the validity –
2. Where the language of the law is susceptible of 2 constructions
or more, one would render it ineffective or inefficient, another
would render to give effect to the evident intent of the
legislature, that latter will prevail.
8. Presumption against irrepealable laws (would be different need in
the future and to impair the wisdom of legislature)
9. Presumption against implied repeals.
Repeals by implication is generally not favored requirement a.
touch the same subject matter, and the later is repugnant to the
earlier one.
A. Laws are repealed by subsequent ones,
B. When a law which expressly repeals a prior law is itself
repealed, the first law that is repealed should not be revived.
When a law it must be expressed
C. General law does not repeal a special law unless it so
expressly provided for or they are incompatible
10. Presumption against violation public policy
11. Presumption of knowledge of existing laws. If there would be two
laws on the same subject enacted on different date. The later would
not be considered that it would have abrogated the existing law.
Unless incompatible
12. Presumption of Jurisdiction – remove or restrict or vest new
jurisdiction on court
13. Presumption against violation of international law
1. Statutes Construed as a whole
 The intent or the meaning of the statute should be ascertained

from the statute taken as a whole.
 It may happen that in a statute, conflicting clauses and provisions
may arise. If such situation may occur, the statute must be
construed as a whole.
 Where a statute is susceptible of more than one interpretation, the
court should adopt such reasonable and beneficial construction
as will render the provision operative and harmonious.
As a Rule:
Where There is a Particular or Special Provision and a General

Provision in the Same Statute And The Latter In Its Most
Comprehensive Sense Would Overrule The Former,
The particular or special provision must be taken to affect only the
other parts of the statute to which it may properly apply.
2. Statutes construed in harmony with the Constitution
Doctrine of constitutional supremacy

if a law or contract violates any norm of the constitution, that law or
contract whether promulgated by the legislative, or by the executive
branch or entered into by private persons for private purposes is null
and void and without any force or effect.
One that alleges a law to be unconstitutional, must prove it. The court
favors constitutionality
What if question of validity of an act,
3. Statutes "in pari materia" (relating to the same specific subject
matter)
• Statutes that relate to the same subject matter, or to the same class
of persons or things, or have the same purpose or object, are to be
construed together.
Construed as if they constituted one law. Since in enacting a law the
legislature must have in mind the other laws.
2 qualifications pari materia rule
a. If two or more statutes on the same subject were enacted under
different time, conditions and circumstances, their construction
should be in accordance with the circumstances and conditions
peculiar to them
b. A statute should not be construed as repealing a prior one on
same subject matter unless the new statute is intended to repeal
prior laws on the same subject matter.
4. General and Special Statutes
« Statutes treating a subject in general terms and another treating a
part of the same subject in particularly detailed manner
" If both statutes are irreconcilable, the general statute must give way
to the special or particular provisions as an exception to the general
provisions.
Even if the general was later enacted.
Rule of implied exception – general laws yield over special ones
Reference statutes
Refers to other statutes and makes them applicable to the subject of
legislation.
Supplemental statutes
Intended to supply deficiencies in an existing statute and to add,
complete or extend, the statute without changing or modifying its
original text.
Reenacted statutes
One in which the provisions of an earlier statute are reproduced in the
same or substantially the same words.
In construing reenacted statutes, court should take into account prior
contemporaneous construction.
Adopted statutes
Statute patterned after, or copied from, a statute of a foreign country
Contemporary construction
Strict or Liberal Construction depends on the nature of the statutes,

purpose to be subserved and, mischief to be remedied.
Be given a statute that will best accomplished the desired end and
effectuate the legislative intent
STRICT CONSTRUCTION
• construction to the letter of the statute which recognizes nothing
that is not expressed
The rule of strict construction is not applicable when the meaning of

the statutes is certain and unambiguous.
LIBERAL CONSTRUCTION
• equitable construction as will enlarge the letter of the statute to
accomplish its intended purpose, carry out its intent or promote
justice.
Applies only to proper causes and under justifiable circumstances.
Litigation needs procedures – rules of court, the court is strict to

ensure order and speedy dispensation of justice
Statutes that are strictly construed to the letter

a. Penal laws: define crimes, treats of their nature and provide for
their punishment. It construed strictly against the state and
liberally in favor of the accused
b. Derogation of rights
c. Authorizing expropriation
d. Granting privileges
e. Legislative grants to local gov units
f. Statutory Grounds for removing officials
g. Naturalization laws
h. Imposing taxes and custom duties
i. Tax exemptions
j. Concerning the sovereign
k. Authorizing suits against gov
l. Prescribing Formalities of a will
Liberally construed
1 General social legislation
2 General welfare clause
3 Grant of power to local governments
4 Statutes granting taxing power
5 Statutes prescribing prescriptive period to collect taxes
6 Statutes imposing penalties for nonpayment of taxes
7 Election laws
9 Amnesty proclamations
10 Statutes prescribing prescriptions of crimes
11 Adoption statutes
12 Veteran and pension laws
13 Rules of Court
REMEDIAL STATUTES
• liberally construed in order to promote their objective of securing
a just, speedy and inexpensive disposition of every action and
proceeding
Enacted to improve the law. Correct an existing law or redress a
grievance for the public good.
14 Other statutes -Curative statutes, Redemption laws, Instruments
of credit, Probation law
a.
As to the application
a. Mandatory
b. Directory
As to applicability
a. Prospective
b. Retroactive
8
TAX STATUTES
• in case of doubt, tax statutes must be construed strictly against the
government and liberally in favor of the taxpayer
Because burdens are not supposed to be imposed unless expressly

import
TAX STATUTES
• any claim for exemption from a tax statute is strictly construed
against the taxpayer and liberally in favor of the state
MANDATORY STATUTES
• command either positively that something be done, or performed in a
particular way, or negatively that something NOT be done, leaving the
person concerned no choice on the matter except to obey
1 contain words of command or prohibition
2 shall, must, ought, should
prohibitions such as cannot, shall not, ought not
DIRECTORY STATUTES
1 same result is obtained
2 permissive or discretionary in nature
merely outlines the act to be done
Judicial Authority and Duty

a. Apply the law
b. The court has no power to change or alter the law
c. Court must not distinguish when the law does not
d. Court must not large nor restrict statutes
e. Effectuate the policy or the purpose of the law
f. Judicial interpretation when set aside
1. COURTS' PRIMARY DUTY

apply the law
majority of the laws need no interpretation or construction
Power to apply, construction or interpretation is judiciary

Repeal or amend is legislative duty
require only application if law is clear and unambiguous

more application and less construction, there would be more stability
in the law
Construction and interpretation should come only when it has been

demonstrated that application is inadequate without them
to declare a law or an ordinance unreasonable is a power to be

cautiously exercised
cautiously and solemnly to nullify so as not to abuse..
As a general rule, courts will not pass upon a constitutional question

or decide a statute to be invalid unless that question is raised and is
necessary to a determination of the case.
THE FACT THAT A STATUTE HAS BEEN ACCEPTED AS VALID, AND

INVOKED AND APPLIED FOR MANY YEARS IN CASES WHERE ITS
VALIDITY WAS NOT RAISED OR PASSED ON, DOES NOT PREVENT THE
COURT FROM LATER PASSING ON ITS VALIDITY WHERE THAT
QUESTION IS PROPERLY RAISED AND PRESENTED.
WHAT CAN THE COURT DO IN CONSTRUING A STATUTE?

1 The Court's duty is to ascertain the true intent of the statute.
2 In the pursuit of this duty, the Court can resort to all legitimate
aids to construction - intrinsic and extrinsic aids.
3 It can depart from the language of the statute if by so doing, the
legislative purpose could be carried out.
4 The Court may correct clerical errors, mistakes or misprints,
which if not corrected may render the statute meaningless.
5 The Court may issue guidelines in applying the statute in order to
delineate what the law requires.
WHAT THE COURT CANNOT DO IN CONSTRUING A STATUTE
1 Speculate as to the intent of the law
2 supply a meaning not found in the phraseology of the law
3 assume a purpose not expressed in the statute
4 change the meaning of the law, especially if it defeats the purpose
of the law
5 rewrite the law or exercise judicial legislation
6 interpret into a law a requirement which the law does not
prescribe
7 enlarge the scope of the statute
expressio unius est exclusio alterius

the explicit mention of one (thing)
is the exclusion of another

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EXTRINSIC AIDS

1 Legislative debates, views and deliberations, except when the

PRESUMPTIONS IN AID OF CONSTRUCTION

1. Statutes Construed as a whole

 The intent or the meaning of the statute should be ascertained

Where There is a Particular or Special Provision and a General

2. Statutes construed in harmony with the Constitution

Doctrine of constitutional supremacy

Even if the general was later enacted.

Rule of implied exception – general laws yield over special ones

Strict or Liberal Construction depends on the nature of the statutes,

The rule of strict construction is not applicable when the meaning of

Applies only to proper causes and under justifiable circumstances.

Litigation needs procedures – rules of court, the court is strict to

Statutes that are strictly construed to the letter

Because burdens are not supposed to be imposed unless expressly

Judicial Authority and Duty

1. COURTS' PRIMARY DUTY

Power to apply, construction or interpretation is judiciary

require only application if law is clear and unambiguous

Construction and interpretation should come only when it has been

to declare a law or an ordinance unreasonable is a power to be

As a general rule, courts will not pass upon a constitutional question

THE FACT THAT A STATUTE HAS BEEN ACCEPTED AS VALID, AND

WHAT CAN THE COURT DO IN CONSTRUING A STATUTE?

expressio unius est exclusio alterius

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