Statutory Construction

Book Notes

CHAPTER I: INTRODUCTION

1. Definition
Judicial power is defined as “the right to determine actual controversies, between
litigants, instituted in courts of proper jurisdiction.

According to Supreme Court, “the courts interpret laws, but the ambiguities may
only be clarified in the existence of an actual situation.”

Construction is defined as, “the act or result of construing, interpreting, or

explaining, the meaning or effect of a statute or contract.”

2. Characteristics of Construction
a. It is an Art or a Process.
- The purpose of all rules and maxims as to the construction or
interpretation of statues is to discover the true intention of the law, and
the rules and canons of construction are merely aids for ascertaining
legislative intent. The rules of construction are neither ironclad nor
inflexible and must yield to the manifestations of a contrary intent.
Such rules are useful only in case of doubt; they are never to be used
to create doubt, but only to remove it.”
The Doctrine of Last Antecedent
- Qualifying words or phrases normally refer to the last antecedent
word or phrase, unless the context otherwise provides.

Neither universal nor applies to all cases.

b. It involves the Determination of Legislative Intent.

- “To ascertain and give effect to the intention of the legislature.”
The Intent of the Law
- If a statue is valid, it is to have effect according to the purpose and
intent of the lawmaker.
Intent – two concepts – purpose and meaning.
Legislative Purpose – The reason why the law was enacted.
Legislative Meaning – The intent of the lawmaker.
 c. It is Necessary When the Legislative Intent Cannot Be Readily
Ascertained from the Words Used in the Law as Applied under a Set of
Facts.
- Supreme court consistently held that where the law is clear and
unambiguous, there is no room for construction but only application.
Cardinal Rule
Verba Legis
Index animi sermo – Speech is the index of intention.
Verba legis non est recedendum – ‘from the words of a statute there
should be no departure.’
Tests in determining whether a statute is ambiguous:
1. Test of Multiple Interpretations – When the statute is capable of two or more
reasonable interpretations.
2. Test of Impossibility – When literal application is impossible or inadequate.
3. Test of Absurdity or Unreasonableness – When a literal interpretation of the
statue leads to an unjust, absurd, or unreasonable, or a mischievous result.

d. It Is a Judicial Function
- The duty and ultimate power to construe that law is vested upon the
judicial department.
- Defining and interpreting the law
- The Constitution is fundamental

3. Purpose
The purpose of statutory construction is to determine legislative intent when the
same cannot be readily ascertained from the plain language of view. Its primary
consideration is the determination of legislative intent.

4. Theories of Interpretation
a. Textualist theory (originalism) – the words used in the statute take
precedence over any other modes of construction.
b. Intentionalism – puts importance on legislative intent. They
believe that “Policies and elected, representative body choose
should govern society.”
c. Purposivism (legal process theory) – Focuses on determining the
problem that the legislature is seeking to address.

B. Related Legal Principles

1. Separation of Powers
- The Constitution defines the power of Government.
 Executive – the power to execute laws
Legislative – the power to enact laws
Judiciary – the power to interpret laws

2. Hierarchy of laws
Article 7 (Civil Code). Laws are repealed only by subsequent ones,
and their violation or non-observance shall not be excused by disuse, or
custom or practice to the contrary.

When the courts declared a law to be inconsistent with the

Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid

only when they are not contrary to the laws or the Constitution.

Two tests in determining whether there is a valid delegation of legislative power:

a. Completeness test – a law is complete “when it sets forth therein the policy
to be executed, carried out or implemented by the delegate.”
b. Sufficient standard test – the law “lays down a sufficient standard when it
provides adequate guidelines or limitations in the law to map out the
boundaries of the delegate’s authority and prevent the delegation from
running riot.”

3. Stare Decisis, Res Judicata, and the Law of the Case

a. Et non quieta non movere – Follow past precedents and do not disturb what
has been settled.
- Once a question of law has been examined and decided upon, it
should be deemed settled and close to further argument.
b. Legis interpretatio legis vim obtinet – the interpretation placed upon the
written law by a competent court has the force of law.
- The Supreme Court has the last word on what the law is, as it is the
final arbiter of any justiciable controversy.
- Lower courts are enjoined to follow the decisions of the Supreme
Court.

Blending of powers:
1. When the President signs a bill
2. The Legislative enacts the law for emergency power
3. The Judiciary can only interpret the law when it is in actual controversy
Parties of a case
a. Petitioner
b. Respondent
c. Appellant
d. Appellee

“People” – refers to a person that is the victim, that has been a public matter,
represented by the State.

CHAPTER II: SUBJECT MATTER OF CONSTRUCTION

A. Subject of Construction; Types of law

- Statutory construction is used to interpret various legal instruments
including the Constitution, statutes, administrative regulations, and
ordinances. Including implementing rules and regulations.

1. Constitution
Constitutional law – “the branch of public law of a state which treats of the
organization and frame of government, the organs and powers of sovereignty, the
distribution of political and governmental authorities and functions, the
fundamental principles which are to regulate the relations of government and
subject, and which prescribes generally the plan and method according to which
the public affairs of the state are to be ministered.”

Political law – “branch of law which deals with the organization and operation of
the governmental organs of the State and define the relations of the state with the
inhabitants of the territory.”

The Philippine Constitution is the supreme law of the land.

SC described it as “the basic and paramount law to which all other law must
conform and to which all persons, including the highest officials of the land, must
defer.”
Any act of the government, public official, or employee contrary to the
Constitution is illegal, null, and void.

2. Statutes
- Legislative power is the power to make, alter, and repeal laws.
- Section 1, Article VI of the 1987 Constitution provides that,
“legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives.”
 - Legislations are issued in the form of Republic Acts

Legislative process in the Philippines

a. A law is proposed through the introduction of a bill by a Member of
Congress. Either in Senate or House of Representatives.
b. A bill must go through three readings in both houses of Congress. Three
readings on separate days. Distributed to its members three days before its
passage, except when the President declared its immediate enactment in case
of emergency.
c. In case the version of the bill passed in the Senate is compatible with the
version passed by the House of Representatives, the final version of the Bill
shall be printed. In case there are significant differences between the two,
the Senate and House of Representatives shall call a Bicameral Conference
Committee to reconcile the conflicting provisions of both versions, who will
submit a report for approval of both chambers of Congress.
d. After the bill is passed by both chambers without any conflict, the final
enrolled form is submitted to the President for signature.
i. Sign the bill into law
ii. Not sign the bill and allow it to lapse into law after 30 days
iii. Veto the bill and send it back to Congress with the veto
message.
e. The law shall take effect within 15 days after its publication in a newspaper
of general circulation, unless a different period for effectivity after
publication is provided in the law.

3. Presidential Issuances
- Executive power is vested in the President of the Philippines
- President, Secretary, Heads of the Department, Heads of Police
- Express, implied, and inherent
The President can enact:
a. Executive orders – Acts of the President providing for rules of a general or
permanent character in the implementation or execution of constitutional or
statutory powers.
b. Administrative orders – Acts of the President which relate to a particular
aspect of governmental operations in pursuance of his duties as
administrative head.
c. Proclamations – Acts of the President fixing a date or declaring a statute or
condition of public moment or interest, upon the existence of which the
operation of a specific law or regulation is made to depend.
 d. Memorandum orders – Acts of the President on matters of administrative
details or of subordinate or temporary interest that concern only a particular
officer or office of the government.
e. Memorandum circulars – Acts of the President on matters relating to internal
administration, which the President desires to bring the attention of all or
some of the departments, agencies, bureaus, or offices of the government,
for information or compliance.
f. General of special orders – Acts or commands of the President in his
capacity as Commander-in-Chief of the Armed Forces of the Philippines.

4. Implementing rules and regulations

- Issued by executive agencies tasked with the implementation of laws
passed by Congress.
- Enacted by administrative agencies in the exercise of their quasi-
legislative or rule-making powers

5. Ordinances
- “Every local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the
general welfare.”
- Local legislative power is vested in the Sangguniang Panlalawigan
for the province, the Sangguniang Panlungsod for the city, the
Sangguniang Bayan for the municipality and the Sangguniang
Barangay for the Barangay.
Substantive Requirements:
a. Must not contravene the constitution or any statute
b. Must not be unfair or oppressive
c. Must not be partial or discriminatory
d. Must not prohibit but may regulate trade
e. Must be general and consistent with public policy
f. Must not be unreasonable

B. Parts of a Statute
1. Title – the name by which it is individually known.
2. Preamble – introductory part of a statute that usually states the reasons
and intent of the law.
3. Enacting Clause – declares its enactment and identifies the government
body that enacted the statute or regulation.
 4. Body – contains the operative parts, particularly the substantive and
procedural provisions.
5. Headnotes and Epigraphs – short statements that generally describe the
body of the provision to which they are attached to.
6. Repealing Clause – identifies the prior statutes which are deemed
repealed or abrogated by reason of the enactment of the new statute.
7. Separability Clause – also known as “severability clause, makes the
statute’s parts or provisions severable so that one part can be invalidated
without invalidating the whole.
- General rule – where part of the statue is void and repugnant to the
Constitution, while another part is valid, the valid portion, if separable
from the invalid, may stand and be enforced.
8. Effectivity Clause – announces the date of its effectivity.

CHAPTER III: VERBA LEGIS AND RATIO LEGIS;

MEANING AND INTENT

Caltex (Philippines) vs Palomar, the SC defined construction as, “the art or process
of discovering or expounding the meaning and intention of the authors of the
law…”

 Verba legis Rule; Letter of the Law

- Plain meaning rule
- If the statute is clear, plain, and free from ambiguity, it must be given
its literal meaning and applied without interpretation.
- Apply the literal meaning of the law.
Verba legis non est recendum; from the words of the statute there should be no
departure.

Index animi sermo est; speech is index of intention.

Absoluta sententia expositore non indiget; to the plain words of a legal provision,
we should make no further explanation.

Dura lex sed lex; The law may be harsh but it is the law.

 Ratio Legis Rule: Spirit of the Law

- Ratio legis et anima means, “the reason of the law is the soul of the
law.
 - “A statute must be read according to its spirit or intent, and that is
within the spirit is within the statute although it is not within its letter,
and that which is within the letter but not within the spirit is not within
the statute.”
- This is helpful when the legislative intent cannot be ascertained purely
from letter of the law.

Framework:
- Ratio legis should be viewed as complementary principles of
construction that should be utilized in order to determine the meaning
and intent of a statutory provision.

Legislative Error; Enrolled Bill

- Clerical errors committed by the legislature
- Does not start with determining the true intent of the legislature, but
rather is subject to the principles of construction.

The rule of construction according to the spirit of the law is essentially applicable
where adherence to the letter would result in absurdity or injustice or where
adherence to the letter of the law would lead to contradictions or defeat the plain
purpose of the act, or where the provision was inserted through inadvertence.
- In following this rule, words may be modified or rejected and others
substituted, or words and phrases may be transposed.

Casus omissus means ‘a case omitted is to be held as intentionally omitted.’

CHAPTER IV. PRINCIPLES OF CONSTRUCTION

A. General Principles of Construction

1. Law Construed as a Whole
- A law must be construed as a whole and the words, phrases, and
clauses in a statute should not be studied in isolation but rather in light
of its other cognate provisions in order to understand the meaning
attached to them by the legislature.
- This is important because statutes are passed as a whole and not by
sections and also are “animated by one general purpose and intent.”
- It should be in harmony as a whole.

Caudal vs Court of Appeals

 - Issue in relation to the topic: the definition of the term “residential
unit” as merely habitation but also implies to businesses where the
family resides and for maintenance of the house.

2. Presumption of Justice (Article 10, Civil Code)

- “In case of doubt in the interpretation of laws, it is presumed that the
lawmaking body intended right and justice to prevail.”

Floresca et al. vs Philex Mining Corporation

- Issue in relation to the topic: whether the action of the injured
employee or that of his heir in case of death has a right of selection or
choice between availing the Workers Compensation Act and suing in
the regular courts under the Civil Code for higher damages by virtue
of negligence or fault.

3. Construction Consistent with the Constitution

- Statutes must be construed in a manner consistent with the
Constitution.
- All reasonable doubt must be solved in favor of the constitutionality.

Tañada vs Tuvera

4. Construction to Render Provision Effective

- A statute must be construed in way so as to render it effective.
- Maxim: Ut Res Magis Valeat Quam Pereat means, the thing should
rather have effect than be destroyed.

JMM Promotions and Management, Inc. vs NLRC

- Issue in relation to the topic: the petitioner who lost in a labor case,
interpreted the rules and demands that the appeal bond under section 6
of the POEA Rules is not important in labor cases involving licensed
recruiters for overseas employment because they are already required
to post a cash bond and a surety bond.
- The Court rejected the petitioner’s interpretation because it would
nullify Section 6 of the POEA Rules which requires the filing of an
appeal bond. The Court ruled that avoid construction that would
render a provision inoperative.

B. Legislative Policies and Presumptions; Liberal and Strict Construction

Strict Construction
- Nothing should be included within its scope that does not come
clearly within the meaning of the language used.
- It should be given its exact and technical meaning, no extension on
account of implications, its operation must be confined to cases
coming clearly within the letter of the statue as well as within its
reason.
- Close and conservative adherence to the literal or textual
interpretation.
- It does not apply to where the meaning of a statute is unambiguous
because there is no need for construction. If the legislative is clear and
the language used, then strict construction is only subordinate.

Liberal Construction
- The meaning of the statute may be extended to matters which come
within the spirit or reason of the law or within the evils which the law
seeks to suppress or correct.
- But the statute should not be given an inconsistent meaning or
contrary to the language used by the legislators.
- Any matter reasonable to the meaning of the statute, may be included
in the scope, unless the languages exclude its.
- Liberal construction resolves all reasonable doubt in favor of the
applicability of the statute.

In order to know whether to liberally construe or strict, is to determine whether the

statute needs including or excluding from a statute’s operation.
Including = liberal construction
Excluding = strict construction

Summary:
Strict Construction means there is “a close adherence to the literal or textual
interpretation thereof, and requires that a case be excluded from the operation of a
statue unless its language includes it.”
Liberal Construction means that “the letter of the statute is enlarged or restrained to
accomplish its intended purpose.” It allows the extension of the statue beyond the
literal meaning of the words used in order to include cases within the mischief that
the statute seeks to address.

1. Penal Laws
Maxim, Nullum crimen nulla poena sine lege, means “there is no crime where
there is no law punishing it,” key principle in criminal law.
- There must be a clear definition of the acts constituting to a
punishable offense as well as the penalty to be imposed.

Basic Rule:
- Penal statues are to be liberally construed in favor of the accused.

Presumption of Innocence:
- Accused is innocent until proven guilty.

Centeno vs Villalon-Pornillos
- Issue in relation to the case: The accused were charged with violating
P.D. No. 1564, for solicitating money for purposes of renovating the
chapel of their barrio.
- In their defense, they were solicitating for religious purposes so under
the law they do not need a permit.
- According to the lower court, the term “charitable purposes” includes
religious purposes.
- The SC held that according to the 1987 Constitution, the word
“charitable” and “religious” is separate.
- While all religious purposes are charitable, not all charitable purposes
are religious.

Penal laws are to be construed strictly against the State and liberally in favor of the
accused.

2. Tax Laws
In Commissioner of Internal Revenue vs CA, the Court held that a statue will not
be construed as imposing a tax unless it does so “clearly, expressly, and
unambigously.”

National Power Corporation vs City of Cabanatuan

- Issue in relation to the topic: petitioner was claiming exemption from
the franchise tax assessed by the City of Cabanatuan, in pursuant of
RA No. 6395. However, the City’s assessment for franchise tax was
based on Section 193 of the Local Government Code, which is more
recent than the NPC charter

 Hornbook Doctrine
  Life-blood theory of taxation

Tax exemptions are construed strongly against the claimant.

Expressio unius est exclusion alterius means "the express mention of one thing
excludes all others."

3. Social Legislation
Article 4 of P.D. No. 442, known as the Labor Code of the Philippines, provides all
doubts in the implementation and interpretation of the provisions of the Labor
Code including its implementing rules and regulations shall be resolved in favor of
labor.

4. Rules of Court
The ROC shall be liberally construed in order to promote their objective of
securing a just, speedy, and inexpensive disposition of every action and
proceeding.
- Provisions providing for reglementary periods are to be strictly
applied.

Strictly follow the procedure leading to justice.

5. Adoption Laws
Adoption statutes, being humane and salutary in nature, are to be liberally
construed on account of “the beneficial purposes of adoption.”
- The interest and welfare of the adopted child should be primary and
paramount consideration and every intendment should be sustained to
promote and fulfill the noble and compassionate objectives of
adoption statutes.

6. Local Autonomy
- Article X, Section 2 of the 1987 Constitution provides that the
territorial and political subdivisions of the Philippines shall enjoy
local autonomy.
- Consists of provinces, cities, municipalities, and barangay.

7. Naturalization Laws
- Are construed strictly and doubts thereof are resolved against the
applicant. It should be rigid enforced and strictly construed in favor of
the government.
1. Substantial
 2. Formal/Procedural

8. Election Laws
- Election contest must be construed liberally “to the end that the will of
the people in the choice of public officials may not be defeated by
mere technical objections.”

9. Prescriptive Periods
- Deals with the prescription of a criminal action. It answers the
question “when the State have lost or waived its right to prosecute an
act prohibited and punished by law.”
10.Constitutional Construction
a. Framework
- First is Verba Legis
- Second, when there is ambiguity, ratio legis est anima.
- Finally, ut magis valeat quam pereat.

b. Self-Executing v. Non-self-Executing Provisions

- The general rule is that the provisions of the Constitution are intended
to be self-executing.

Oposa v. Factoran

Manila Prince Hotel v. Government Service Insurance System, et al.

- A provision which is complete in itself and become operative without
the aid of supplementary or enabling legislation, or that which
supplies sufficient rule by means of which the right it grants may be
enjoyed or protected, is self-executing. Thus, a constitutional
provision is self-executing if the nature and extent of the right and
liability are fixed by the constitution itself. There is no language
indicating that the subject referred to the legislation for action.

c. Administrative Construction
- It is the power of administrative agencies to construe statutes can be
exercised both in its rulemaking power and at times, quasi-judicial
power.

CHAPTER V. CONSTRUCTION OF WORDS AND PHRASES IN A

STATUTE
 A. Construction of a Statute; Words and Phrases; Punctuation

1. General Words Construed Generally

General words in a statute are to be understood in their general sense. This is
because of the rule that ordinary words are to be understood in their ordinary sense.

Legal Maxim: Ubi lex non, distinguit nec nos distinguere debemos means, “where
the law does not distinguish, neither do we distinguish.”

Generalia verba sunt generaliter intelligenda means, “that the law does not make a
distinction prevents us from making one.
Dissimilum dissimilis est ratio means, “of things dissimilar, the rule is dissimilar.”

2. Provisos
Proviso is an article or clause in a statute that introduces a condition.
- It begins with the word “provided” or the phrase “provided that” or
similar words or phrases.
- This is not necessary in all cases; a proviso can exist even if it does
not begin with the usual word “provided”.
- The purpose is to limit the application of the statute and it is contrary
to the nature of a proviso to enlarge the scope and operation of the
law.
- It should not be construed in a manner as to “repeal or destroy the
main provisions of the statute.”

General Rule:
The office of a proviso is to qualify or modify only the phrase immediately
preceding it or restrain or limit the generality of the clause that it immediately
follows.
-It should be construed with reference to the immediately preceding part of the
provision to which it is attached, and not the statute itself or to other sections.

Exception:
Where the legislative intent is to restrain or qualify not only the phrase
immediately preceding it, (the proviso) but also earlier provisions of the statute or
even the statute itself as a whole.

3. Ordinary Words Understood in Ordinary Sense; Technical Words in

Technical Sense
General Rule:
The words of a statute must be taken in their “natural, plain and ordinary
signification in accordance with the common and approve usage of the language”
- It also be given “their popularly accepted meaning.”

Legal Maxim: Noscitur a sociis means, 'it is known by its associates'

4. Generic Words and Progressive Construction

Laws should be progressively construed, so that they may meet new conditions, so
long as they fall within the general purpose of the legislature.
- Progressive interpretation keeps legislation from becoming ephemeral
and transitory.
- Statutes should always be made adaptable by the courts to the
changing conditions of the social order.
- Courts are not museums for useless, anachronistic laws.

5. Punctuation Marks
- In modern legal writing, punctuation marks are used to indicate
pauses, clarify meaning, and provide structure to the text. They are an
important aspect of legal writing and are used to help ensure that the
meaning of the text is clear and unambiguous.
- US vs Hart, the Court held that a punctuation mark alone is not a
reliable basis for interpretation.
- A semicolon is used to indicate separation in the relation of thought,
and what follows should relate to the preceding sentence.
- The Construction should be based upon more substantial than the
mere punctuation found in the Act.

6. Use of Specific Words

a. “and/or”
As a general rule, the use of the word “and” is interpreted as conjunctive, joinder
or union, while “or” denotes a disjunctive, disassociation, and independence
relationship.

Microsoft Corp. vs Manansala, The Supreme Court clarified that the use of the
word “and” does not necessarily signify a conjunctive relationship if the
interpretation will be contrary to the clear legislative intent.
Issue: Whether or not Section 5(A) of PD No. 49 can hold a person liable without
direct evidence of engagement in the said violation.

The CA upheld the dismissal of the criminal charges on the ground that the term
“and” as used in Section 5(A) of PD No. 49 should be read as conjunctive. The SC,
however, rejected this argument and ruled, “laws should be contstrued in a manner
that avoids absurdity or unreasonableness.”

And/or
- Means that the effect shall be given both conjunctive and disjunctive
or that one word or the other may be taken accordingly that will better
affect the legislative intent as gathered from the whole statute.
- It can be used interchangeably.

b. Mandatory and Permissive Words; Shall/May

The general rule is that the word “shall” means that the requirement is mandatory,
while the use of the word “may” means that the provision is permissive.
Shall = mandatory order
= imperative obligation

The rule that use of the word “may” denoted discretion and shall not be construed
as mandatory in character.
- In re: Guariña, the Court held that “may” should be determined upon
each case from the intention of the statute as gathered from the whole
context.

c. Including/Involving
The use of the word “including” followed by an enumeration generally denotes
that the enumeration is not exclusive.
- Expressio unius est exclusion alterius does not apply when words are
mentioned by way of example. Legal should only be applied as a
means of discovering legislative intent, which is not manifested.

d. Affirmative and Prohibitory Words

- McGee vs Republic held that, the terms used in Article 335 are
phrased in a negative manner, “cannot be adopted,” while the
phraseology of article 338 is only affirmative, “the following may be
adopted.”
 - Under the rule of statutory construction, negative words and phrases
are to be regarded as mandatory while those in the affirmative are
merely directory.
- The word “not” is prohibitory while “may not” should be understood
as prohibitory or mandatory in nature.

e. Exceptions
- Lokin vs. Commission on Elections, the Supreme Court held that
“when the statutes itself enumerates the exceptions to the applicable
general rule, the exceptions extend only as far as their language only
need, all doubts should be resolved in favor of the general provision
rather than the exceptions.
- The general rule is that an express exception excludes all others.
- Exceptions are subject to strict construction; hence, any doubt will be
resolved in favor of the general provision and against the exception.

f. Periods
Article of the Civil Code, When the law speaks of year, months, days or nights, it
shall be understood that years are three hundred sixty-five days each; month, of
thirty days; days of twenty-four hours; and nights, from sunset to sunrise.
- If months are designated by name, they shall be computed by the
number of days which they have.
- In periods, the first day shall be excluded and the last day included.

National marketing Corp. vs. Tecson,

Issue: how to compute the prescriptive period for the revival of judgment under
Article 1144 of the Civil Code.
- Their contention was that, 1960 and 1964 are leap years, so that ten
years of so the it already expired on December 19, 1965, not on Dec.
21, 1965.
- The Supreme Court upheld the provisions on the Civil Code of Spain,
that when speaking of months, it shall be understood as 30 days, not
the natural, solar or calendar months, unless the name is expressly
mentioned, or designated by name, in which case they shall be
computed by the actual number of days they have.

g. Plural Words; Singular Words

A provision of a statute that applies to persons or things in plural form may also be
applied to the same person or thing in singular form.
In the same manner, a word in singular form should also generally be construed as
covering its plural sense.
- In GSIS vs. Corrales, the Court held that when a term is sued in its
plural sense, it is to be interpreted to encompass any and all related
meanings of the term.

In re: The Intestate Estate of Pedron Santillon,

Issue: Whether the use of the word “children” in Article 996 of the Civil Code,
includes the singular word “child”.
- The Supreme Court held that it is a principle of construction that
words in plural include the singular, hence, Article 996 could also be
read and applied in the same manner as when the widow or widower
and a legitimate child are left.

B. Association and Relationship of Words, Phrases, and Provisions

1. Noscitur a Sociis
- Doctrine of Associated words, provides that where a particular word
or phrase in a statement is ambiguous in itself or is equally susceptible
of various meanings, its true meaning may be made clear or specific
by its company where it is found or with its associate.
- It means “it is known by its associates” “a doctrine or rule of
construction which provides that the meaning of an unclear or
ambiguous word should be determined by considering the words with
which it is associated in the context.
- Words are to be construed in relation to other words in the same
provision. They should be construed consistently, not contradicting
unless it is clearly unavoidable.
- In Caltex vs. Palomar, the SC held that the word “gift enterprise, is
associated with the word “lottery” in the same provision. Both words
should have the same element of consideration. The Court looks not
on the plain meaning of the words but on the construction given.

Carandang vs Santiago

2. Ejusdem Generis
In a statute, when general words follow a particular subject, the meaning of the
words will be ordinarily presumed to include all things or person of the same kind,
class or nature, as those enumerated.
- It means “of the same kind, class, or nature” or “the same specie”
 - It is an attempt to interpret that all parts of a statute can be construed
together and no words will be superfluous (unnecessary).

Purpose:
- National Power Corp. vs. Angas et.al., the purpose is to give effect
both the particular and general words by treating the particular words
as indicating the class and the general words as including all that is
embraced in the same class, although not expressly mentioned.

Mutuc vs Commission on Elections

The SC held that, the phrase “and the like” cannot be construed covering taped
jingles since the enumerated items refer to the distribution of gadgets as a means of
inducement to obtain a favorable vote.
- This would also be offensive to the Constitutional law of freedom of
expression.

Cagayan Valley vs CA
- The SC held that the legislative intent of Section 1 of RA No. 623,
with the title “An Act to regulate the Use of Duly Stamped or Marked
Bottles, Boxes, etc.” is to give protection to all marked bottles of all
lawful beverages regardless of the nature of their contents.

Difference:
- In the first case, we must rely on the items that were specifically
mentioned to determine how the general words must be interpreted.
- Second case, we must look on the items specifically enumerated as to
relate to the general words in order to interpret the latter.

3. Express Mention and Implied Exclusion

The maxim “expressio unius est exclusio alterius” or express mention in implied
exclusion, means that when the law expressly mentioned one thing, as a general
rule, it excluded others not expressly mentioned.

Purpose:
- To limit the coverage of a legal provision to those expressly
mentioned.
- To determine the probable intention of the lawmakers in mentioning
some and not others of the same class.

Other variation:
Expressium facit cessare tacitum which means that “what is expressed puts an end
to what is implied.”
- The legislative body would not enumerate specifically if it had the
intention to restrict its meaning and confine the terms to those
expressly mentioned.
- In Malinias vs Commission on Elections, the maxim means that
“where a statute, by its terms, is expressly limited to certain matters, it
may not, by interpretation or construction, be extended to other
matters.

Commission on Audit vs Province of Cebu

Issue: Whether or not the salaries and personnel-related benefits of the teachers
appointed by the province for the extension classes and the college scholarship
grants may be charged to the Special Education Fund of the local government.
- The SC held that the intent of the legislature is the controlling factor
in the interpretation of a statute.
- The principle of expressio unius est exclusio alterius is not applicable.
- The doctrine of Necessary Implication is applicable.
- The allocation of the SEF for the establishment and maintenance of
extension classes logically implies the hiring of teachers who should,
as a matter of course be compensated for their services.

4. Necessary Implication
Ex necessitate legis
- The doctrine of necessary implication seeks to expand the scope of the
statute beyond what is expressly stated for the purpose of making it
effective.
- A statute cannot cover each and every scenario that the law seeks to
regulate, thus it is necessary for the court to “fill the gaps” by
understanding statutes as by implication in order to make it effective.

Chua vs Civil Service Commission

Facts: Petitioner Chua, was hired and rehired by the National Irrigation
Administration for more than 10 years, and was acting on the belief that she is
qualified under law, for voluntary separation. The NIA denied her application of
the higher separation pay under RA No. 6683 and offered to pay her lower amount.
The Civil Service Commission held that she was not entitled to separation pay
under RA No. 6683 because her employment was merely co-terminus with the
project of the NIA and that her position was not of regular worker but only
contractual in nature.
 - The CSC applied expressio unius est exclusio alterius. The SC held
that expressio unius est exclusio alterius is not applicable and what
should be applied is the doctrine of Necessary Implication.
- It would violate equal protection clause when we deny a government
employee who is on the same situation as those mentioned.

5. Cassus Omissus
Following the maxim expressio unius est exclusio alterius, the maxim Cassus
Omissus Pro Omissio Habendus est means that “a person, subject or thing omitted
from an enumeration must be held to have been omitted intentionally.

Commission on Audit vs Province of Cebu

The Court held that what may be appropriate is the maxim Cassus Omissus Pro
Omissio Habendus est. On the part of the Scholarship grant, however noble the
intention of the Province of Cebu in extending scholarship to deserving students, it
cannot apply the doctrine of necessary implication because the grant is neither
necessary nor indispensable to the operation and maintenance of public schools.

6. Each to Each
The maxim reddendo singular singulis means “the words are to be applied to the
subjects that seem most appropriately related by context and applicability.”
- Words in a statute must refer to their appropriate connection, giving
each their own place, force and effect, and rendering none of the
superfluous.
- It also applies to words in different sections or are widely dispersed
throughout an act, the same principles apply.

MTDC vs. Manila

7. Qualifying Terms; Last Antecedent

Ad proximum antecendens fiat relatio nisi impediatur sentencia
- Means that “relative words refer to the nearest antecedent, unless it be
prevented by the context.”
- Qualifying words restrict or modify only the words or phrases to
which they are immediately associated, and not those distantly or
remotely located.
Example:
An ordinance environmental registration requirement, does not apply to
“motorbikes, cars, vans, and truck under two tons, “under two tons” only applies o
trucks and not motorbikes, cars, and vans.
In the case of Mapa vs Arroyo, the Court held that “when the qualify word or
phrase is separated from the antecedents by a comma, this can be construed to
mean that the qualifier is supposed to apply to all antecedents instead of only the
immediately preceding one.

8. Context and Related Clauses

In interpreting a statute, context and related clauses that is related to it, should be
read as a whole. In relation to the general principle of statutory construction that a
statute must be read as a whole and the provisions thereof must not be read in
isolation.

Paras vs Commission on Elections

Issue: Whether or not the phrase “regular local election” in Section 74(b) of the
LGC, which provides that recall shall take place within one year from the date of
the official’s assumption to office or one year immediately preceding a “regular
local election” also includes the election for SK which is scheduled every 3 years
from May 1996 pursuant to RA No. 7808.

The intent of Section 74 is to subject an elective local official to recall election

only once during his term of office. Not to include the SK in the recall, which will
render the provision useless.

Recall – a mode of removal of public officers by initiation of the people before the
end of his term.

CHAPTER VI. EXTRINSIC AIDS OF CONSTRUCTION

A. Extrinsic Aids of Construction in General

- Refers to tools of interpretation outside (hence, extrinsic) the words in
a statute.
- It includes “those sources outside of the official act, but within the
legislative process that created the act.”
- It depends on the reliability and the closeness of their connection with
the statute itself.
- When all intrinsic aids are used and the statute is still in doubt, then
extrinsic will be applied.
Legislative history of the law
Consider the implementing rules and regulations
Pertinent executive issuances in the nature of executive construction
- Used to validate a text when it is capable of multiple meanings.
People vs Munoz
- The SC ruled that there is no need to resort to extrinsic aids of
construction like the records of the conventional institution since the
language of the Constitution is plain.

B. Extrinsic Aids
1. Legislative Deliberations
- Refers to the debates of the members of Congress, whether in a
committee, in a plenary session, or during a bicameral conference.
- May be adopted in case of doubt as to what a provision means.

China Banking Corporation, et al. vs Ortega, et al.

- The SC ruled that based on the conference committee report on the
Senate Bill and house bill which later became RA No. 1405, it was not
the intention of the legislature to place bank deposits beyond the reach
of execution.

De Villa vs Court of Appeals, et al.

Issue: Whether the BP No. 22, also known as the “Bouncing Checks Law,” also
punishes the issuance of a check drawn against an account in a foreign bank.
- The SC held that applying the rule of construction that where the law
does not distinguish, the courts should not distinguish. According to
the Batasan Pambansa “unmistakably show that the intention of the
lawmakers is to apply the law to whatever currency may be the
subject thereof.”
- When there is doubt as to what a provision of a statute means, the
meaning put to the provision during the legislative deliberation or
discussion on the bill may be adopted.

League of Cities vs. COMELEC

Issue: Whether or not the 16 laws converting several municipalities into cities
(Cityhood Laws”) unconstitutional for violating Article X, Section 10 of the
Constitution which requires that the creation, division, merger, abolishment, or
alteration of a local government unit may only be done in accordance with the
criteria established in the local government code and approval in a plebiscite.
- The SC held that the Cityhood Laws, which exempts the covered
municipalities from the higher income requirement of RA No. 9009
violate the provision of the Constitution.
 - But on the second reconsideration, the SC reversed their ruling and
validated the Cityhood Laws, stating that when they passed RA No.
9009, they intended to exempt the Cityhood Laws.

Manila Jockey Club, Inc. vs Games and Amusement Boards

- Legislative debate should not be resorted to in determining the
intention of the legislature.
The question is, was the interpretation of RA. Nos. 309 and 1502, particularly
whether the 30 Sundays not reserved to charitable institutions (belong to private
racing clubs) and that the six additional sweepstake races authorized under Section
4 of Ra No. 1502 should be held on six of the 12 Sundays not reserved for any
private entity or particular charitable institution under Section 4 of RA No. 309.
- Section 4 of RA No. 309 identifies the authorized racing days for each
stakeholder.

The reason why courts are warned not to rely so much on the views expressed by
members of Congress during legislative deliberation is because, the court will have
to assume that the views of one member reflects the views of all, or collegial body.

As a general rule, the opinions and motives of the members of Congress can shed
light on the legislative intent if it relied upon by the Court were made in connection
to the legislative process.

Committee Reports – responsible for drafting, amending, considering, and

reporting the bill to the full chamber generates them and are written by the
committee that had jurisdiction over the bill.

2. Legislative history
- Refers to the historical background of the passage of the law, as
shown by legislative documents leading to the passage of law, such as
drafts of bills, as well as previous legislation covering the same or a
similar subject matter.
- The Courts may consider the general history of a statute, including the
various steps leading to its enactment to ascertain the intention of the
legislature.

Sutherland’s division of extrinsic aids of construction

a) Pre-enactment history – or the circumstances leading to the introduction of
the bill in Congress
 b) Enactment history – covers all actions taken and statements made during the
legislative deliberation of the statute
c) Post-enactment history – after the bill is passed and the legislative
deliberation ended.

Commissioner of Customs vs Esso Standard Eastern Inc.,

Issue: Whether the exemption enjoyed by Esso Standard Eastern, Inc. from custom
duties under RA No. 387 or the Petroleum Act of 1949, should embrace or include
the special import tax imposed under RA No. 1394, or the Special Import Tax Law.
- The SC held that the title of RA No. 387 and the provisions of some
articles gives clue to the intent of the Philippine legislature, which is
to encourage the exploitation and development of the petroleum
resources of the country.
- Where a statute exempts from special import tax, equipment “for use
of industries,” the exemption does not extend to those used in
dispensing gasoline at retail in gasoline stations.

Filipinas Life Assurance Company vs. Court of Tax Appeals

- The Court held that legislative history, various amendments of the
National Internal Revenue Code which were made haphazardly,
syntactical approach to interpretation is not reliable.

3. Contemporaneous Circumstances
- Refer to the environment existing at the time of the passage of a law.
Circumstances includes:
a. The history of the times existing when the law was enacted
b. The previous state of the law
c. The evils intended to be corrected
d. In some cases, the habits and activities of the people

Reason:
Contemporaneous circumstances constitute the reason why the statute was enacted.
They are a part of the res gestae. It is assumed that the legislation intended to
correct the evils which led to the law’s enactment.

Manila Jockey Club, Inc. vs Games and Amusement Boards

- Although legislative debates are unappreciated, the Court held that the
practice that all sweepstakes draw and races were held on Sundays
and during the whole day, which the Congress did not change. This is
evidence that legislative intent not to disturb a prevailing practice.
The Medialdea decision of the Court confirmed that the application of
contemporaneous circumstances extends not only to factual circumstances at the
time of the enactment of a statute but also the legal circumstances existing at the
time. In this case the power of the President to review the declaration of an order
suspending the writ of the privilege of habeas corpus.

Totality test
Estrada vs Desierto, et al.
- President Estrada’s resignation
- “The totality of prior, contemporaneous and posterior facts and
circumstantial evidence bearing a material relevance on the issue” to
determine the intention of the President to resign.

4. Legislative Practice; Reference to Other Statutes

Escosura vs. San Miguel Brewery, Inc.,
SMBI contends that the provision should have used the word “full” and not “pay.”
- The SC held that the legislative practice at the time is that the word
“full” is sued when there is a need to distinguish between full and half
pay.

5. Statutes Borrowed from Foreign Jurisdictions

Where a statute of a foreign jurisdiction that received a settled judicial
construction in such foreign jurisdiction, is adopted in its entirety or partially in the
Philippines, assuming that the construction previously put upon such statute is
likewise adopted, and should be interpreted following such construction.

Reason:
The Philippine legislature should be presumed aware only of the judicial
interpretation placed upon the adopted statute that are existing at the time the
foreign statute was adopted and not interpretation made afterward.

United States vs De Guzman

The Court considered foreign judicial interpretation of laws adopted in the
Philippines as part of legislative history and hence, helpful in the interpretation of
the adopted statute.

C. Preference
3 Major Approaches in the construction of statutes
a. Determination of meaning exclusively from the words used in the
statute
 b. Use of canons or rules of construction, as well as resort to legislative
policies or approaches in the interpretation of certain types of statutes
c. Use of extrinsic aids, or materials which are found outside the four
corners of the statute.

Does the Court prefer intrinsic or extrinsic aids?

There is no discernable pattern by the Court on this question. The preference
is to use both to confirm legislative intent.

The use of extrinsic aid of construction is also possible even if the law is clear.

The more appropriate and more effective approach is, thus, holistic rather than
parochial: to consider context and the interplay of the historical, the contemporary,
and even the envisioned.

CHAPTER VII. CONSTRUCTION OF CONFLICTING PROVISIONS

CHAPTER VIII. PROSPECTIVITY AND RETROACTIVITY

A. Prospective and Retroactive Laws in General

Prospective statutes affect conduct only from the time of its effectivity to the future
and not intended to affect past or existing situations.

Retroactive statutes affect the past or existing situations.

- Also known as retrospective statute
- “One which takes away or impairs vested rights acquired under
existing laws, or created a new obligation or imposes a new duty, or
attaches a new disability, in respect of transactions or consideration
already past.”

Castro, et al. vs. Sagales

In construing, the Court looks into the language of the law. It may be express or
implied from the language of the statute.

B. Prospectivity of Laws
GENERAL RULE: Statutes are applied prospectively.
Applies to administrative rulings and circulars.

Basis of the law:

Article 4 of the Civil Code “all laws shall have retroactive effect, unless the
contrary is provided.”

Maxim: lex prospicit, non respicit = the law looks forward, not backward
Maxim lex de futuro, judex de praeterito = the law provides for the future, the
judge for the past

Universal Corn Products, Inc., et al. vs. Rice and Corn Board, et al.

Buyco vs. PNB

People vs. Lacson

C. Retroactivity of Statutes
Can either be provided expressly in the statute itself or necessarily implied from
the language used in the statute.

In the absence of an express provision providing for retroactive application of

statutes, the legislative intent to give a statute retroactive effect must be “clearly
and necessarily implied from the language of the enactment.”

De Espiritu vs. Cipriano

Eugenio vs. Drilon

Statutes with retroactive application:

(1) Procedural rules
(2) Police power of the national or local government
(3) Curative or remedial legislations, which do not affect substantive rights
(4) Penal laws, provided it is favorable to the accused, not a habitual delinquent.

1. Procedural Rules
“Provisions prescribing the method by which substantive rights may be enforced in
courts of justice.”
General Rule: No vested rights may attach or arise from procedural laws and rules.

Fabian vs. Desierto

Estipona vs. Lorbrigat

2. Police Power
Issues relating to the retroactivity of laws passed in the exercise by the state’s
police power usually revolve around the non-impairment clause of the
Constitution.

Ortigas & Co., Ltd. vs. CA

3. Curative Laws
Curative statutes are enacted in order to cure defects in a previous law or to
validate legal proceedings, instruments, or acts of public authorities which would
otherwise be invalid for non-compliance with existing legal requirements.

Erectors, Inc. vs. NLRC

General Rule: When statute is curative or remedial in nature, or when it CREATES

NEW RIGHTS.

Exception: Curative or remedial statutes cannot be applied retroactively if they will

adversely affect the substantive rights of others.

4. Penal Laws
Penal laws may be applied retroactively if the following conditions are present: (a)
the penal law is favorable to the accused, and (b) the accused is not a habitual
delinquent.

Basis of the law:

Article 22 of the Revised Penal Code

A penal law is favorable to the accused if it reduces the penalty or it increases the
age of criminal responsibility.

People vs. Talaro

Maxim: favorabilia sunt amplianda adiosa restrigenda = Penal laws which are
favorable to the accused are given retroactive effect.

D. Prospectivity and Retroactivity of Judicial Decisions

General Rule:
Judicial decisions also apply the rule that laws are applied prospectively unless the
contrary is clearly intended.

Maxim: legis interpretation legis vim obtinet = the interpretation placed upon the
written law by a competent court has the force of law.

People vs. Mapa

Columbia Pictures Inc., et al. vs. CA