CHAPTER V

PRESUMPTIONS IN AID OF CONSTRUCTION AND

INTERPRETATION

PRESUMPTIONS

In construing a doubtful or ambiguous statute, the Courts will presume

that it was the intention of the legislature to enact a valid, sensible and
just law, and one which should change the prior law no further than may
be necessary to effectuate the specific purpose of the act in question.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullification of law, there

must be a clear and unequivocal breach of the constitution.

The theory is that, as the joint act of the legislative and executive
authorities, a law is supposed to have been carefully studied and
determined to be constitutional before it was finally enacted.

All laws are presumed valid and constitutional until or unless otherwise
ruled by the Court.

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injustice

as this never within the legislative intent.

We interpret and apply the law in consonance with justice.

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 cause
and consequence.
PRESUMPTION AGAINST IMPLIED REPEALS

The two laws must be absolutely incompatible, and clear finding thereof
must surface, before the inference of implied repeal may be drawn.

In the absence of an express repeal, a subsequent law cannot be

construed as repealing a prior law unless an irreconcilable inconsistency
and repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTIVENESS

In the interpretation of a statute, the Court should start with the

assumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give effect to

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

Presumption against undesirable consequences were never intended by a

legislative measure.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL

LAW

Philippines as democratic and republican state adopts the generally

accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation,
and amity with all nations. (Art. II, Sec. 2, Phil. Constitution).
 CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

INTRINSIC AIDS

The term “intrinsic” means internal or within. Intrinsic aids, therefore,

are those aids within the statute.

Intrinsic aids are resorted to only if there is ambiguity. In resorting to

intrinsic 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.
 CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

EXTRINSIC AIDS

These are existing aids from outside sources, meaning outside of the four
corners of the statute. If there is any doubt as to the meaning of the
statute, the interpreter must first find that out within the statute.

Extrinsic aids therefore are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity in the statute.

Extrinsic aids resorted to by the courts are history of the enactment of

the statute; opinions and rulings of officials of the government called
upon to execute or implement administrative laws; contemporaneous
construction by executive officers; actual proceedings of the legislative
body; individual statements by members of congress; and the author of
the law.

Other sources of extrinsic aids can be the reports and recommendations

of legislative committees; public policy; judicial construction; and
construction by the bar.
 CHAPTER VI
INTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

INTRINSIC AIDS

The very term “intrinsic” means internal or within.

Intrinsic aids, therefore, are those aids within the statute.

If the language of the statute is clear and unequivocal, there is no need

to resort to intrinsic aids.

In resorting to intrinsic aids, one must go back to the parts of the

statute.

THE TITLE OF THE LAW IS A VALUABLE INTRINSIC AID IN

DETERMINING LEGISLATIVE INTENT

TEXT OF THE STATUTE AS INTRINSIC AID

Subtitle of the statute as intrinsic aid in determining legislative intent.

PREAMBLE AS INTRINSIC AID

The intent of the law as culled from its preamble and from the situation,
circumstances and conditions it sought to remedy, must be enforced.

Preamble used as a guide in determining the intent of the lawmaker.

 CHAPTER VII
EXTRINSIC AIDS IN CONSTRUCTION AND
INTERPRETATION

EXTRINSIC AIDS

Extrinsic aids are existing aids from outside sources, meaning outside
from the four corners of the statute.

Extrinsic aids are resorted to after exhausting all the available intrinsic
aids and still there remain some ambiguity in the statute.

Extrinsic aids resorted to by the courts are:

! History of the enactment of the statute;
! Opinions and rulings of officials of the government called upon to
execute or implement administrative laws;
! Contemporaneous construction by executive officers charged with
implementing and enforcing the provisions of the statutes unless
such interpretation is clearly erroneous;
! Actual proceedings of the legislative body;
! Individual statements by members of congress; and
! The author of the law

Other sources of extrinsic aids are:

! Reports and recommendations of legislative committees;
! Public policy;
! Judicial construction; and
! Construction by the bar

It is a well-accepted principle that where a statute is ambiguous, courts

may examine both the printed pages of the published Act as well as
those extrinsic matters that may aid in construing the meaning of the
statute, such as the history of its enactment, the reasons of the passage
of the bill and purposes to be accomplished by the measure.
Individual statements by members of Congress on the floor do not
necessarily reflect legislative intent.

The best interpreter of the law or any of its provisions is the author of the
law.

CHAPTER VIII
STRICT AND LIBERAL CONSTRUCTION AND
INTERPRETATION OF STATUTES

GENERAL PRINCIPLES

If a statute should be strictly construed, nothing should be included

within the scope that does not come clearly within the meaning of the
language used.

But the rule of strict construction is not applicable where the meaning of
the statute is certain and unambiguous , for under these circumstances,
there is no need for construction.

On the other hand, there are many statutes which will be liberally
construed. 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.

Liberal interpretation or construction of the law or rules, however,

applies only in proper cases and under justifiable causes and
circumstances. While it is true that litigation is not a game of
technicalities, it is equally true that every case must be prosecuted in
accordance with the prescribed procedure to insure an orderly and
speedy administration of justice.

PENAL STATUTES

Penal laws are to be construed strictly against the state and in favor of
the accused. Hence, in the interpretation of a penal statute, the
tendency is to subject it to careful scrutiny and to construe it with such
strictness as to safeguard the right of the accused.
If the statute is ambiguous and admits of two reasonable but
contradictory constructions, that which operates in favor of a party
accused under its provisions is to be preferred.

TAX LAWS

Taxation is a destructive power which interferes with the personal and

property rights of the people and takes from them a portion of their
property for the support of the government.

Accordingly, in case of doubt, tax statutes must be construed strictly

against the government and liberally in favor of the taxpayer, for taxes,
being burdens, are not to be presumed beyond what the applicable
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.

NATURALIZATION LAW

Naturalization laws should be rigidly enforced and strictly construed in

favor of the government and against the applicant.

INSURANCE LAW

Contracts of Insurance are to be construed liberally in favor of the

insured and strictly against the insurer. Thus, ambiguity in the words of
an insurance contract should be interpreted in favor of its beneficiary.

LABOR AND SOCIAL LEGISLATIONS

Doubts in the interpretation of Workmen’s Compensation and Labor

Code should be resolved in favor of the worker. It should be liberally
construed to attain their laudable objective, i.e., to give relief to the
workman and/or his dependents in the event that the former should die
or sustain in an injury.
The sympathy of the law on social security is towards its beneficiaries
and the law by its own terms, requires a construction of utmost liberality
in their favor.

RETIREMENT LAWS

Retirement laws are liberally interpreted in favor of the retiree because

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

ELECTION RULES

Statute providing for election contests are to be liberally construed to the

end that the will of the people in the choice of public officer may not be
defeated by mere technical objections.

RULES OF COURT

Rule of court shall be liberally construed in order to promote their

objective of securing a just, speedy and inexpensive disposition of every
action and proceeding.
 CHAPTER IX
PROSPECTIVE AND RETROSPECTIVE STATUTES

GENERAL PRINCIPLES

Prospective statute – is a statute which operates upon acts and

transactions which have not occurred when the statute takes effect, that
is, which regulates the future.

Retrospective or retroactive law – is one which takes away or impairs

vested rights acquired under existing laws, or creates new obligations
and imposes new duties, or attaches new disabilities in respect of
transaction already past.

A sound canon of statutory construction is that statutes operate

prospectively only and never retrospectively, unless the legislative intent
to the contrary is made manifest either by the express terms of the
statute or by necessary implication.

The Civil Code of the Philippines follows the above rule thus: Laws shall
have no retroactive effect, unless the contrary is provided.

Retroactive legislation is looked upon with disfavor, as a general rule and

properly so because of its tendency to be unjust and oppressive.

PENAL STATUTES

Penal statutes as a rule are applied prospectively. Felonies and

misdemeanors are punished under the laws in force at the time of their
commission. (Art. 366, RPC).

However, as an exception, it can be given retroactive effect if it is

favorable to the accused who is not a habitual criminal. (Art. 22, RPC).
PROCEDURAL LAWS ARE RETROSPECTIVE

Statutes regulating the procedure of the Court will be construed as

applicable to actions pending and undermined at the time of their
passage. However, Rules of Procedure should not be given retroactive
effect if it would result in great injustice and impair substantive right.

Procedural provisions of the Local Government Code are retrospective.

CURATIVE STATUTES

They are those which undertake to cure errors and irregularities and
administrative proceedings, and which are designed to give effect to
contracts and other transactions between private parties which otherwise
would fail of producing their intended consequences by reason of some
statutory disability or failure to comply with some technical requirement.
They are therefore retroactive in their character.
 CHAPTER X
CONFLICTING STATUTES

EFFECT SHOULD BE GIVEN TO THE ENTIRE STATUTE

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.

STATUTES IN PARI MATERIA

Statutes that relate to the same subject matter, or to the same class of
persons or things, or have the same purpose or object.

Statutes in pari materia are to be construed together; each legislative act

is to be interpreted with reference to other acts relating to the same
matter or subject.

However, if statutes of equal theoritical application to a particular case

cannot be reconciled, the statute of later date must prevail being a later
expression of legislative will.

GENERAL AND SPECIAL STATUTES

Sometimes we find 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.
This is so even if the general statute is later enactment of the legislature
and broad enough to include the cases in special law unless there is
manifest intent to repeal or alter the special law.

STATUTE AND ORDINANCE

If there is conflict an ordinance and a statute, the ordinance must give

way.

It is a well-settled rule that a substantive law cannot be amended by a

procedural law.

A general law cannot repeal a special law.

In case of conflict between a general provision of a special law and a

particular provision of a general law, the latter will prevail.

When there is irreconcilable repugnancy between a proviso and the body

of a statute, the former prevails as latest expression of legislative intent.

The enactment of a later legislation which is general law cannot be

construed to have repealed a special law.

A statute is superior to an administrative circular, thus the later cannot

repeal or amend it.

Where the instrument is susceptible of two interpretations, one which

will make it invalid and illegal and another which will make it valid and
legal, the latter interpretation should be adopted.

In case of conflict between an administrative order and the provisions of

the Constitutions, the latter prevails.
 CHAPTER XI
CONSTRUCTION AND INTERPRETATION OF THE
CONSTITUTION

A constitution is a system of fundamental law for the governance and

administration of a nation. It is supreme, imperious, absolute, and
unalterable except by the authority from which it emanates.

Under the 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.

ALL PROVISIONS OF THE CONSTITUTION ARE SELF-

EXECUTING; EXCEPTIONS

Some constitutions are merely declarations of policies. Their provisions

command the legislature to enact laws and carry out the purposes of the
framers who merely establish an outline of government providing for the
different departments of the governmental machinery and securing
certain fundamental and inalienable rights of citizens.

Thus a constitutional provision is self-executing if the nature and extent

of the right conferred and the liability imposed are fixed by the
constitution itself.

Unless it is expressly provided that a legislative act is necessary to

enforce a constitutional mandate, the presumption now is that all
provisions of the constitution are self-executing.
In case of doubt, the Constitution should be considered self-executing
rather than non-self-executing, unless the contrary is clearly intended.

Non-self-executing provisions would give the legislature discretion to

determine when, or whether, they shall be effective, subordinated to the
will of the law-making body.

PROHIBITORY PROVISIONS GIVEN LITERAL AND STRICT

INTERPRETATION

Guidelines in construction and interpretation of the constitution are

stressed:

1. The Court in construing a Constitution should bear in mind the

object sought to be accomplished by its adoption, and the evils, if any,
sought to be prevented or remedied.
2. One provision of the Constitution is to be separated from all the
others, to be considered alone, but that all provisions bearing upon a
particular subject are to be brought into view and to be interpreted as
to effectuate the great purposes of the instrument.
3. The proper interpretation of the Constitution depends more on how it
was understood by the people adopting it than the framer’s
understanding thereof.

THE CONSTITUTIONAL PROVISION ON NATURAL-BORN

CITIZENS OF THE PHILIPPINES GIVEN RETROACTIVE
EFFECT

Under THE 1973 Constitution, those born of Filipino fathers and those
born of Filipino mothers with an alien father were placed on equal
footing. They were both considered as natural-born citizens.

The constitutional provision is curative in nature.

THE CONSTITUTION MUST BE CONSTRUED IN ITS

ENTIRETY AS ONE, SINGLE DOCUMENT
LIBERAL CONSTRUCTION OF ONE TITLE OF ONE
SUBJECT

A liberal construction of the “one title-one subject” rule has been

invariably adopted by the court so as not to cripple or impede legislation.

The title expresses the general subject and all the provisions are germane
to the general subject.

RESIGNATION OF THE PRESIDENT UNDER THE 1987

CONSTITUION IS NOT GOVERNED BY ANY FORMAL
REQUIREMENT AS TO FORM. IT CAN BE ORAL. IT CAN
BE WRITTEN. IT CAN BE EXPRESS. IT CAN BE IMPLIED.

SPECIAL PROVISION PREVAILS OVER A GENERAL ONE

Lex specialis derogant generali

SUPREMA LEX

It is time-honored that the Constitution is the Supreme Law of the land.

It is the law of all laws. Hence, if there is conflict between a statute and
the Constitution, the statute shall yield to the Constitution.

STARE DECISIS

The rule of precedents.

Judicial decisions applying or interpreting the laws or the Constitution

shall form part of the legal system of the Philippines.

CONCLUSION

The fundamental principle of constituitonal construction is to give effect

to the intent of the framers of the organic law and of the people adopting
it.
 CHAPTER XII
RECENT CASES ON STATUTORY CONSTRUCTION

! The term “may” is indicative of a mere possibility, an

opportunity or an option.

! An implied repeal is predicated on a substantial conflict

between the new and prior laws.

! The abrogation or repeal of a law cannot be assumed;

the intention to revoke must be clear and manifest.

! When the law speaks in clear and categorical language,

there is no occasion for interpretation.

! Penal laws must be construed strictly. Such rule is

founded on the tenderness of the law for the rights of
individuals and on the plain principle that the power of
punishment is vested in the Congress, not in the
Judicial department.

! Where a requirement is made explicit and unambiguous

terms, no discretion is left to the judiciary. It must see
to it that the mandate is obeyed.

! Statutes that are remedial, or that do not create new or

take away vested rights, do not fall…