Statcon Midterm - Atty. Gujilde

III. CARDINAL RULES OF CONSTRUCTION

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How to ascertain legislative intent? - The cardinal rule of construction is to ascertain the intention and meaning of the legislature for the purpose of giving effect thereto. - The application of the law according to the spirit and intent of the legislative body is the principal objective of judicial interpretation. - Legislative intent should accordingly be ascertained from a consideration of the whole context of the statute and not from an isolated part of particular provision. - The best source from which to ascertain the legislative intent is the statute itself - the words, phrases, sentences, sections, clauses, provisions – taken as a whole and in relation to one another. - STATUTE AS A WHOLE NOT BY PARTS

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Liberal or Strict Construction - Whether a statute or some of its provisions, calling for construction should be construed liberally or strictly depends on a combination of several factors, namely: 1. The former law on the matter; 2. The persons or rights with which it deals; 3. The letter or language of the law; and 4. The purposes and objects of the statute. Statutes in derogation of common rights, how construed. - Statutes in derogation of common law or common rights are strictly construed. An abrogation of the common law or common rights is not favored; statutes seeking to accomplish this end are generally strictly construed. Thus, the statutes which operate in restraint of personal liberty, or civil rights or which grant power to deprive persons of their property, or which restrain the freedom of contract, or the exercise of any trade or occupation, have all been held as calling for the strict judicial construction. - ALWAYS APPLIED IN CASE OF DOUBT Statutes prescribing the formalities and wills, how construed. - Statutes prescribing the formalities to be observed in the execution of will are very strictly construed. Failure to comply is fatal. The will being entirely void cannot be admitted to probate. - Question: Why is it construe against the validity of the will?

Answer: since the testator is already dead, he cannot anymore defend his last will and testament. ALWAYS APPLIED IN CASE OF DOUBT The will cannot be admitted to probate.

Naturalization laws, how construed. - Naturalization laws should rigidly be enforced and strictly construed in favor of government and against the applicant. - ALWAYS APPLIED IN CASE OF DOUBT Statute conferring the right of eminent domain, how construed. - The exercise of the right of eminent domain, whether directly by the state, or its authorized agents, is necessarily in derogation of private rights, and the rule in this case is that the authority must be strictly construed. - If there is doubt, in favor of individual and against of government. Tax Exemption, how construed. - Tax exemptions are held strictly against the taxpayer, and if not expressly mentioned in the law must be within its purview by clear legislative intent. - Taxes are lifeblood of the government that’s why it is always against the claim of the taxpayer. Prospective and retrospective interpretation, distinguished.  Prospective interpretation – is that which limits the operation of a statue to such facts and causes arising after its enactment.  Retrospective interpretation – is that which hold the statute to be applicable to or governing transactions or states of facts wholly completed prior to its enactment.  If the statute is to apply hereafter/thereafter, or is it to take effect at a fixed future date or immediately, such statute will only apply prospectively.  On the other hand, the words “heretofore” and “therefore” or other expression denoting a past time expressly give the statute a retrospective operation.  In the absence of such words indicative of the extent of the statute’s operation, the general rule, is that a statute will be construed prospectively. Exception,

unless the legislative intent that it be given a retrospective operation clearly appears by necessary or unavoidable implication.  In every case of doubt, the doubt must be resolved against the retrospective effect and in favor of prospective construction.  A statute is not retrospective just because it relates to antecedent event; it is retrospective only when it is applied to rights acquired prior to its enactment.  When a statute is given prospective construction then it can only apply to transactions occurring after its passage. It cannot interfere with nor alter the effects of rights and obligations acquired or incurred prior thereto. Ex post facto law - Section 22, Article III, 1987 Constitution  No ex post facto law or bill of attainder shall be enacted.  An ex post facto law is any of the following: - A law which makes criminal an act done before the passage of the law and which was innocent when done, and punishes such act; - A law which aggravates a crime, or makes it greater than it was, when committed; - To test whether the ex post facto clause of the Constitution is violated: - Does the retroactive application of the law - Take from the accused - Any right - That was regarded at that time - As vital for the protection of the life and liberty? - Scope of prohibition against ex post facto law: - Applies only to criminal or penal maters - Not to laws which concern civil proceedings generally. - Ex post facto law prohibited, exception. - If it favors the accused. - Exception to the exception: - If the accused is a habitual delinquent. - Statue provides it does not apply to existing statutes or pending cases. - Where the accused disregards the later law and invokes the prior statute under which he was prosecuted. Bill of attainder, defined.  Legislative act which Inflicts punishment without the benefit of judicial trial.

NOTES: Common rights – to acquire property, freedom of contract Bill of attainder - about death penalty Bill of pains - when the penalty is lower than death

IV. PARTICULAR RULES OF CONSTRUCTION Verba Legis - If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey. - It must be given its literal meaning, applied without interpretation. - Is this binding in the courts? - No. It’s up to the Supreme Court whether they will apply the law or not. Index animi sermo est - Speech is the index of intention. Ratio Legis - In construing a statute, the court looks into the spirit of and reason for the law. - If adherence to the letter of the law leads to absurdity, injustice, contradictions or defeat the plain purpose of the law. - Ratio legis applies - Apparent inaccuracies and mistakes in mere verbiage or phraseology will be overlooked to give effect to the spirit of the law. Dura lex sed lex - The law may be harsh, but it is still the law. Mens legislatories - Courts look into the following: Object to accomplished; Evils and mischief to be remedied - Statute liberally construed to serve its purpose

be

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Even if its literal interpretation says otherwise

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Ejusdem Generis - Where general term follows particular things, the general term is construed to include those things or persons of the same class as those specifically enumerated. Ejusdem Generis, purpose. - Give effect – both specific and general words. - Particular words indicate the class and the general includes all embraced in said class although not specifically named. - Q: What is the reason why there are words that are not enumerated in the statute? (ex: and other persons...) - A: To avoid the error of not including something that can be protected by law. Reddendo Singula Singulis - Doctrine of collocation - Association between two words that are typically or frequently used together - Where the sentence has several antecedents and consequents, they are to be read distributively - Antecedent – a word or phrase that a subsequent or consequent word refers to. - Distributive – refers to each member of the group individually and separately. Ex. Each, every, either Expressio Unius Ext Exclusion Alterius - Mention of one thing implies the exclusion of another. Noscitur A Sociis - Meaning of particular terms in a statute may be ascertained by reference to words - Associated with or related to them in statute Casus Omissus (omit) - Words or phrases may be supplied by the courts and inserted in a statute. - Where it is necessary to eliminate repugnancy and inconsistency to complete the sense and give effect to the intent. - Used to supply omissions caused by clerical error, by accident or inadvertence. - Legal issues are governed by statutory laws

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context.  

Q: What will the SC do if something is missing in the law? A: the court will supply the missing part. The court should verify the missing word, it doesn’t mean they have to insert the word literally (cos it will amend the law). The insertion/supplying the missing word is not mechanical (encode) but only theoretical by construction or interpretation. Since it will violate the enrolled bill principle that the court cannot change an enrolled bill. Requisites by which the Supreme Court can insert 1. The omitted words are plainly indicated in the

2. Palpable meaning manifested. 3. Verifiable from other parts of the statute. Q: Is this not judicial legislation? A: No. Since the insertion of the word is only theoretical.

V. CONSTRUCTION OF WORDS AND PHRASES 

In interpreting the meaning and scope of a term used in the law, a careful review of the whole law involved, must be made, looking likewise into the intendment of the law. A meaning that does not appear, nor is intended or reflected, in the very language of the statute cannot be placed therein.  As a general rule words used in a statute are to be given their usual and commonly understood meaning unless it is plan from the face of the statute that the legislature intended a different meaning.  The plain meaning of the language in a statute is the safest guide to follow or artificial meaning of its words and out of harmony of the statutory scheme is not to be favored. “May” and “shall”, distinguished.  General rule, the word “may when used in statute is permissive only and operates to confer discretion.  While the word “shall” is imperative, operating to impose a duty which may be enforced. Special or technical meaning.  Words and phrases having a special or technical meaning are to be considered as having been used in their technical sense. This rule applies having well-established trade, business, commercial or professional significance.

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EXCEPTION: Where the legislature clearly intended a different meaning and where the technical interpretations would defeat the legislative purpose.  Technical words and phrases which have acquired a peculiar and appropriate meaning in law are presumed to have been used by the legislature according to their legal meaning.  Hence, if words used in a statute have a meaning which those who are or should be learned in the law are supposed to understand the courts must accept such construction. Conjunctive and disjunctive terms. “Or” and “And”  In its elementary sense, “or” as used in a statute is a disjunctive article indicating an alternative. It often connects a series of words or prepositions indicating a choice of either. When “or” is used the various members of the sentence are to be taken separately.  If the conjunctive “and” is used the various members of a sentence are to be taken jointly.  When in an enumeration of things or persons in a statute, the conjunctive is placed immediately before the last of the series, the same connective is understood between the previous members of the series.  In order to keep within the obvious intent of the legislature, the courts have the power to change “and” to “or” or vice versa. ‘All’, ‘Any’, ‘Every’  Whether the legislature used the word “all” in its universal or all comprehensive sense or merely as a general term depends upon the demands of sound reason.  The word “every” is generally regarded as a word of inclusion; but the word “any” is given a restrictive interpretation in some cases. ‘Etcetera’  The meaning of the term ‘and so forth’ or its abbreviation ‘etc’ depends largely on the text of the statute, the description and enumeration of matters preceding the term and the subject matter to which it is applied. It is to be given its usual and natural signification. Grammar  The ordinary rules in grammar will be applied in the construction of a statute for the purpose of ascertaining the legislative intent. The reason for this is that

legislature is presumed to be aware of such rules and to have used the same in drafting the statute. Punctuation, tense, gender and number.  Courts may punctuate or repunctuate a statute in order to give effect to what appear to be its true meaning.  The use od the masculine gender in a statute does not preclude its application to females, where the legislature intent requires it.  With respect to the number, the general rules is that words importing the singular number may be extended or applied to several persons or things unless such connection would go against legislative intent.  With respect to tenses, the same thing is true; statutes expressed in the future may nevertheless be regarded as having a present effect. Inaccuracies or clerical errors.  Verbal inaccuracies or clerical errors and misprints may be corrected by the courts where the same is necessary to carry out the legislative intent as gathered from the entire statute.  If the legislative intent is clear it must be given effect regardless of inaccuracies of language; words may be modified or altered, substituted. Transposed or deleted.  Where the evident is typographical error or misprint, which, if uncorrected, would render the law nonsensical, it is the duty of the court to give the statute a sensible construction. Foreign language  Where a statute has been enacted simultaneously in different languages, both texts are to be read in ascertaining the legislative intent, and either text may be looked into in doubtful cases. It is not, however, infrequent that the legislature provides expressly which of the two texts shall control.  In the interpretation of a law officially promulgated in English and Spanish, the English text should govern, but in case of ambiguity, omission or mistake the Spanish text may be consulted to explain the English text.

VI. INTRINSIC AIDS IN CONSTRUCTION

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In determining what a statute aims to convey, the first logical thing to look into is the statute itself, its context, language, title, preamble and the like. Intrinsic Aids  Context - A statute must be construed as a whole. It should be read in its entirety. All parts, provisions or sections of a statute or section, must be read, considered or construed together and each must be considered in the light of all the others.  Punctuation - This is not seriously regarded. It is a minor and not a decisive or controlling element in the interpretation of a statute. It is especially true that obvious mistake in punctuation will be corrected where it is necessary to make the statute intelligible.  Capitalization - Aid of low degree in interpreting the language of a statute can never control against the intelligible meaning of the written words.  Language or lingual text  Title - If expressive, it may resolve doubts as to its proper construction by extending its purview or by restraining it or by correcting an obvious error. - The title may limit the scope of the act but it may not add to or extend the operation of the statute. - Title need not be an index to the entire contents of the law.  Chapter, article and section headings - Not conclusive but can help in the construction of statutes. It is a proper aid where an ambiguity exists. - Titles given to sections of an act are often resorted to for the purpose of determining the scope of the provisions and their relation to other portions of the act.  Head notes or epigraphs  Marginal notes - The propriety of treating them as aids to construction depends upon whether such notes were in fact inserted under the authority of the legislature.  Preamble

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Not conclusive; resort may be had to the preamble of the statute for the purpose of ascertaining legislative intent. But it is not essential part of the statute. It is the key of the statute, to open the minds of the makers as to the mischiefs which are to be remedied, and objects which are to be accomplished, by the provisions of the statute. Legislative definitions and interpretative clauses.  Where the legislature has defined the words used in a statute and has declared the construction to be place thereon, such definition or construction should be followed by the courts.  A statutory definition supersedes the commonly accepted or a previous judicial definition.

VII. EXTRINSIC AIDS IN CONSTRUCTION 

Extrinsic aids are extraneous facts, circumstances and means of explanation resorted to for the purpose of determining the legislative intention. They are aids existing outside the printed page of the law. When extrinsic aids may be resorted to.  If after all the intrinsic aids have been availed of and the ambiguity in the statute still exists, resort may then be had to outside or extrinsic aids.  Only after a consideration of the language of the statute and there remains a doubt as to its meaning, may resort he had to the object, purpose, expediency, occasion and necessity, the remedy provided, the conditions of the contrary to be affected and other extrinsic matters. Contemporaneous circumstances.  In construing a statute courts will take into consideration all the facts and circumstances existing at the time of, and leading to, the enactment of the statute, such as the history of the times, contemporary customs, the state of the existing law, the evils to be remedied and the remedy provided.  The interpreter should place attempt to place himself in the position and circumstances of those who used the words in question. Legislative history.

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Logically, the first extrinsic aid that courts have turned to in construing a statute is the history of the measure during its enactment, that is, from its introduction in the legislature up to its final passage. President’s message to legislature.  The courts generally look to the messages of the executive, or what we refer to as “state-of-the-nation” address, to discover the aims or purposes of the measures proposed and the existing evils sought to be remedied by them.  The reports and recommendations of legislative committees, as recorded in the legislative journals constitute a lucrative source of information helpful in construction. Presidents intention is: Coordinate, coequal, co-independent Legislative debate.  May also prove useful in the interpretation of a statute where they show a common agreement among the members of the legislature as to the meaning of an ambiguous provision.  Legislative debates, however, are not safe guides for determining purpose of the legislature in enacting a statute. Public policy.  In construing a law of doubtful meaning the policy which induced its enactment, or which was designed to be promoted thereby is a proper subject for consideration.  Once the policy is legitimately ascertained, the proper course for the court is to adopt that sense of the words which promotes in the fullest manner the policy of the legislature in the enactment of the law and to avoid a construction which would alter or defeat that policy. Construction by executive officers.  In determining the proper construction of ambiguous statutes resort may be had to the contemporaneous construction placed upon them by the officers charged with their execution. Executive construction.  Entitled to additional weight where it has been impliedly indorsed by the legislature, although it does not thereby become conclusive. Legislative construction.  The construction of a statute by the legislature, as indicated by the language of later enactments, is entitled

to consideration as an aid in the construction of the statute, but is not generally regarded as controlling.  Courts are not free to speculate on legislative intent where the legislature placed its own construction on its prior enactments.  Where a particular construction has been adopted by the legislative department and accepted by the various agencies of the executive department, such construction is entitled to great weight. Judicial construction.  Judicial decision interpreting certain statutes should be taken into consideration in construing similar subsequent statutes. The presumption is that the legislature was acquainted with, and had in mind, the judicial construction placed on the prior enactment. Doctrine of stare decisis. Obiter dictum. Construction by the bar.  A construction of a statute given to it by the Bar of the state for many years is entitled to consideration and weight. There are cases where the meaning publicly given a statute by long professional usage is presumed to be the true one and regarded as one which should not lightly be changed. Dictionaries and textbooks.  The courts may resort to legal, scientific or general dictionaries, or to legal textbooks for aid in determining the meaning to be assigned to words common usage or to technical terms. Doctrine of implications and inferences.  This doctrine is necessary for very rarely, if at all, are statutes framed with minute particularly as to cover every conceivable situation. It enables the courts to draw inferences from the legislative purpose and intention in such a way as to determine whether certain minor or specific things are covered by the general or broad terms used in a statute.  This is not judicial legislation; it is rather a method of discovery of legislative intent thru the logical process of deduction.  Because not all events can be predicted that’s why the court can apply the law on the basis of this doctrine.  Even if it’s not there it should be there, common sense.

Restrictions on the doctrine.  Generally, courts may not by implication read into a statute that which is not intended to be there. They may not make an implication which the language of the statute may not warrant. Presumption in aid of construction.  In general, numerous presumptions have been availed of by the courts as aids in the construction of statutes. Such presumptions are applicable only when there is some doubt as to the intention of the legislature.  Presumption that the legislature acted within the scope of its authority.

The in pari materia rule. - all statutes are presumed to have been enacted by the legislature with full knowledge of the existing condition of the law and with reference to it. They are, therefore, to be construed in connection with and in harmony with the existing law and as a part of a general and uniform jurisprudence. Statutes in Pari Materia - statutes are said to be in pari materia wen they relate to the same person or thing, or to the same class of persons or things, or have the same purpose or object.-90 - refer to those which either relate to the same person or thing, or to the same class of persons or things, or which have a common purpose or object. - They are considered as such even though some are specific and others are general and even though they have not been enacted simultaneously and do not refer to each other expressly. - In determining whether two statutes are in pari material, the decisions point to legislative intent and not whether one is criminal and the other is civil. In pari materia, purpose. - the purpose of the in pari material rule of construction is to carry out the full legislative intent by giving effect to all laws and provisions bearing on the same subject. In pari materia, limitation. - it cannot be invoked where the language of a statute is clear and unambiguous. - It does not apply to private acts and is highly disfavored in the construction of provisions of the constitution which are in pari material with other statutes. Private statutes stand upon the same

footing as written contracts which generally, are not to be affected by evidence aliunde.