Statutory Construction (Agpalo)

Statutory Construction August 20, 2014 VERBA LEGIS or plain meaning rule where the statute is clear, plain and free from ambiguity it must be given its literal meaning and applied without interpretation. Index animi sermo est. -speech is the index of intention Dura lex sed lex -the law may be harsh but it is still the law. 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 Mens Legislatories Courts look into the following a. object to be accomplished b. evils and mischief to be remedied c. Purpose to be subserved Statute liberally construed to serve its purpose even if its liberal interpretation says otherwise When the language of a particular provision of law admits of two interpretations, the one that gives effect to the intent must be followed. Statutes must be construed to avoid injustice. 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. Example: Trustees, agents, attorneys at law and other persons. “Other persons” – only such persons in similar position of trust like guardians. Ejusdem generis, purpose. gives effect: both specific and general words. Particular words – indicate the class General Words – include all embraced in said class although not specifically name.

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Redendo 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. Consequent - a word or phrase that an antecedent word precedes. Example: "Statutory Construction is an easy subject, but the Professor somehow makes it difficult.” Distributive  refers to each member of the group individually and separately Examples of distributive words: "each", "every" and "either" “Statutory Construction is an easy subject, but the professor somehow makes it difficult. Each Student enrolled in the class may either pass or fail, without fear or favor." Expressio unius ext exclusion alterius -mention of one thing implies exclusion of another Example: "Female law students are required to wear uniform on a Monday" Noscitur a socies. -meaning of particular terms in a statute may be ascertained by reference to word associated with or related to them in statute. Casus omissus. 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 errors, by accident or inadvertence only if it is palpable and the omitted words are plainly indicated in the context. August 27, 2014 "may" & "shall" distinguished "may": permissive and operats to confer discretion "shall": imperative with a duty to enforce 1

Statutory Construction Special or technical meaning words and phrases having special or technical meaning are construed in their technical sense. this applies to terms with established trade, business, commercial or professional significance. Except: when intended otherwise by congress or if it defeats legislative intent Illustrative Case: Asiatic Petroleum Co. v Collector, 30 Phil. 510 Facts: A tax law provides that "no tax shall be collected on such article which before the taking effect o this Act shall have been dispose of to persons other than manufacturers or wholesale dealer." Issue: Whether sale and delivery constitute "disposed of". Held: No. The oil was not “disposed of". Had the legislature intended "disposed of" to mean "sold and delivered", it would have used the latter phrase. The legislature evidently took into consideration the customer of merchants in using the phrase “disposed of" in its commercial sense and not technical sense.

Conjunctive "an" and Disjunctive "or" "Or" - disjunctive article indicating an alternative. When used, the various members of the sentence are to be taken separately. "And" - conjunctive article, when used, the various members of the sentence are to be taken jointly. "All", "Any", "Every" "All"- universal or comprehensive sense "Any"- restrictive interpretation in some cases "Every" - word of inclusion "Etcetera" Abbreviation of the term “and so forth” Depends largely on the text of the statute, description and enumeration of matters preceding the term and the subject matter to which it is applied. Grammar Ordinary rules of grammar apply in construction to determine legislative intent. But it is not conclusive if it defeats legislative intent or to make the status intelligible.

Pre-Final Notes

The rules on punctuation, tense, gender and number have very little weight. The use of the masculine gender does not preclude its application to females, were intent to requires it. With respect to number, general is that words importing singular number may be eextended or applied to several persons or things unless such construction defeats legislative intent. With respect to tenses, statutes expressed in the future may nevertheless be regarded as having present effect. Inaccuracies or clerical errors. May be corrected by the court it is necessary to carry out the legislative intent Example:  "courts of law" was encoded instead of "course of law"  that it is a mere typographical error is evident.  -if incorrect, it renders the law nonsensical  -it must be correct by the court as it is duty bound to give statute a sensible construction. Practical Example: A man wrote a book entitled "How to Change Your Life". He was uncertain if it sells, since it appears predictable, as many other books of similar theme were already published prior to it. To his surprise, 10 million copies were sold on the first week they were out in the market. It turned out the title was inadvertently made, "How to Change your Wife". Foreign Language The Revised Penal Code was approved in its Spanish Text but translated to English. In case of doubt, the Spanish text prevails. Intrinsic aids, where found: In the printed page of the statute itself Intrinsic aids, enumerated: context punctuation and capitalization Language and lingual text Title Chapter, article and section headings Head notes or epigraphs Marginal notes Preamble Legislative definitions and interpretative clauses

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Statutory Construction

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CONTEXT The text surrounding word or passage or the words, phrases or passages that come before and after a particular word or passage in a speech or piece of writing and help explain its full meaning. They must be taken as a whole and in relation to one another. A statute must be construed as a whole aand read in its entirety. All parts, provisions, or sections of a statute must be read, considered or construed together, and each must be considered in the light of all the others. Reason for the rule the statute is enacted as a whole and not in parts or sections Purpose of the Rule to give proper emphasis to its provision and avoid giving undue emphasis or effect to particular words, clauses, parts or group of words. If context admits of two interpretations: The one which tends to give effect to the manifest object of the law should be adopted. PUNCTUATION, defined. Standardized non-alphabetical symbols or marks that are used to organize writing into clauses, phrases and sentences and in this way make its meaning clear. Purpose. Grammatical writing.

marks

used

to

organize

Example: Comma and semi colon -used to divide sentences and parts of sentences Difference between comma and semi-colon  semi-colon makes division more pronounced. Limitation as intrinsic aid (punctuation) not seriously regarded. minor and not decisive or controlling element in statutory construction obvious mistake in punctuation will be corrected if necessary to make the statute intelligible. Construction should be based on more substantial consideration rather than mere

punctuation. Degree of aid. low degree not part of the statute and of the English language As low degree aid of construction, exception. if it gives statute a meaning which is reasonable and consistent with legislative intent, it may be used as an additional argument for the literal meaning of the words thus punctuated. Example: "if the charge against such employee involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty" "In the performance of duty" - qualifies only "grave misconduct or neglect". CAPITALIZATION Low degree in construction Example: Constitution says "Civil Service" but Civil Service says "civil service" it was contended that employees in the unclassified service of the government are not entitle to security of tenure. "Civil Service" – group; "civil service – system  There is no difference between the use of capital and small letters. No reason to exclude persons in the unclassified service from the benefits extended to those in classified service. LANGUAGE or LINGUAL TEXT, which prevails. Philippine laws are officially promulgated either in English, Spanish or Filipino Language used in promulgation prevails over translated versions But if statute is promulgated both in English and Spanish, the English text prevails. Basis for English Text to prevail In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specially provided. In case of ambiguity, omission or other mistake, the other texts may be consulted. 3

Statutory Construction TITLE, purpose. May resolve doubts as to its proper construction by extending or restraining its purview or by correcting an obvious error. in case of doubt, resort may be had to the title to determine legislative intent because it normally indicates it. Limitation  Not controlling, if the body of the statute is free from ambiguity, no resort to the title. Need not be an index of the contents of the law  but it carries weight because of one title one subject matter rule Chapter, article & section headings, purpose Determine the scope of the provisions and their relations to other portions of the law Limitation Not conclusive But a proper aid where there is ambiguity Head notes or epigraphs, defined Introductory quotation Limitation May be consulted for interpretation But cannot limit the words contained in the body of the text. Being mere index of the contents of the petition or provision of law Example: “Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony The word “another” cannot limit the text of the article to mean that it is applicable only the new crime committed is different from the crime for which the accused is serving sentence because it is not warranted by the plain and unambiguous language of the text.

Pre-Final Notes

MARGINAL NOTES, defined Notes written in margin, usually handwritten and initialed. Limitation Resorted to only when such notes were in fact inserted under the authority of the legislature.

PREAMBLE, defined Introductory explanation Limitation Not an essential part of the statute May explain ambiguities but not conclusive or controlling Purpose  The key to the statute  To open the minds of the makers  As to the mischiefs to be remedied  And objects to be accomplished by the provisions of the statute. Legislative Definitions and interpretative clauses Such definition or construction should be followed by the Courts Statutory definition supersedes the commonly accepted or previous judicial definition EXTRINSIC AIDS where found Extraneous facts and circumstances outside the printed page of the statute Extrinsic aids, enumerated  History or realities existing at the time of the passage of the law  Legislative proceedings  Changes in phraseology  Prior laws and judicial decisions  Contemporaneous construction  Consequences of alternative interpretations Extrinsic aids, enumerated  Object  Purpose  Expediency  Occasion and necessity  Remedy provided  Conditions of the countery to be affected  Other intrinsic maters

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Statutory Construction Contemporaneous circumstances Facts and circumstances existing at the time of, and leading to the enactment of the statute such as: History of the times Contemporaneous customs The state of the existing law Evils to be remedied Remedy provided Contemporary construction, degree as aid Strongest in law Legislative history, scope Covers introduction of the bill in the legislature up to its final passage Legislative history, what it includes President's message Explanatory note accompanying the bill Committee reports of legislative investigations and public herarings of the subject bil Sponsorship speech Debates and deliberations Amendmenes and changes in phraseology President's message to the legislature. State of the nation address Where president proposes legislative measures Indicates his line of thinking on the matter Thus, courts may refer to the mssage of the president to determine legislative internet Because the statute was passed in response (highlighted) to the president's message

Explanatory note, defined. A short explanation accompanying a proposed legislation by its author

Explanatory note, contents Reason or purpose of the bill Arguments advanced by the author Reports and recommendation of legislative committees Lucrative source of information helpful in construction Provide: They are recorded in the journal Limitation. Committee Reports are not controlling May not be considered to clear an ambiguity

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LEGISLATIVE DEBATES, VIEWS AND DELIBERATION. Useful in interpretation Provided they show common agreement among the members of the legislature As to the meaning of an ambiguous Limitation Not safe guides to ascertain the meaning and purpose of the law They express only the views and opinions of the individual members of the legislature And do not necessarily reflect the view of Congress as a whole PUBLIC POLICY. Policy which induced its enactment Or which was designed to be promoted Is a proper subject for consideration CONSTRUCTION BY EXECUTIVE OFFICERS, FORMS Rules and regulation Circulars Directives Opinions and rulings CONSTRUCTION BY EXECUTIVE OFFICERS, VALUE. Considered and given weight If uniform, consistent, observed and acted on for a long period of time. Opinions and rulings of officials tasked to enforce administrative laws Command much respect and weight The duty to enforce the law, which devolves upon the executive branch of the government necessarily calls for the interpretation of its ambiguous provisions. Thus, executive and administrative officers are generally the first officials to interpret the law, preparatory to its enforcement And such interpretation comes in the form of rules and regulations, circulars, directives, opinions and rulings. EXECUTIVE CONSTRUCTION KINDS. Construction by an executive or administrative officer directly called to implement the law o May be expressed or implied o Example of expressed construction – circular, directive or regulation o Example of implied construction – nonenforcement in certain situations, or applying it in a particular manner o It is interpretation by usage or practice 5

Statutory Construction Construction by the Secretary of Justice o In his or her capacity as chief legal adviser o It is in the form of opinions issued upon request of administrative or executive officials who enforce the law Construction by an executive officer exercising quasi-judicial power o It is in the form of a ruling in an adversary proceeding LEGISLATIVE CONSTRUCTION, FORM. Indicated by the language of later enactments May be considered, but not controlling JUDICIAL CONSTRUCTION. A judicial decision interpreting a statute is considered in construing similar subsequent statutes DOCTRINE OF STARE DECISIS ET NON QUIETA MOVERE. one should follow precedents and should not disturb what has been settled DOCTRINE OF STARE DECISIS, WHEN APPLIED. The ruling must be categorically stated on an issue expressly raised by the parties Must be a direct ruling on substantially the same facts

OBITER DICTUM OR OBITER DICTA. “other things said” A passing comment, an observation made by a judge incidental to the case being tried While authoritative, is not binding on future courts under the doctrine of stare decisis An opinion expressed by the court upon some question of law which is not necessary to the decision of the case before it It is not binding as a precedent RATIO DECIDENDI OR RATIONES DECIDENDI. “the reasons for the decision” Principles used by a judge when deciding The principles create a binding precedent Courts will have to follow the same decision If a case with similar facts is presented OBITER DICTUM & RATIO DECIDENDI, DISTINGUISHED. Ratio decidendi – a binding precedent Obiter dictum – a persuasive precedent

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CONSTRUCTION BY THE BAR. The meaning publicly given by statute by long professional usage Presumed to be true but not controlling DICTIONARIES AND TEXTBOOKS. Determine the meaning to be assigned to words of common usage or technical terms. DOCTRINE OF NECESSARY IMPLICATION & INFERENCES. That which is implied in the statute is much a part of it as that which is expressed Purpose  It enables the court to draw inferences from legislative purpose and intent  In such a way as to determine whether certain minor or specific things are covered by the general or broad terms used in the statute Reason  Very rarely, if at all, are statutes framed with minute particularity as to cover every conceivable situation DOCTRINE OF NECESSARY IMPLICATION, NATURE OF.  This is not judicial legislation, but a method of discovery of legislative intent through the logical process of deduction  A statutory grant of power carries with it, by implication, everything necessary to carry out the power or right and make it effectual and complete DOCTRINE OF NECESSARY IMPLICATION, LIMITATION.  If it is not part of legislative intent ILLUSTRATIVE CASE: Chua v Civil Service Commission, G.R. No. 88979, February 7, 1992 Facts: 

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The Early Retirement and Voluntary Separation Law was enacted to streamline and trim down the bloated bureaucracy. Section 2 states in part: o “The benefits under this Act shall apply to all regular, temporary, casual, and emergency employees, regardless of age, who have rendered at least a total of two (2) consecutive years of government service as of the date of separation.” o “Uniformed personnel of the Armed Forces of the Philippines including those of the PC-INP are excluded from the 6

Statutory Construction

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coverage of this Act.” An employee of the National Irrigation Administration (NIA) applied to avail of early retirement, but it was denied. Instead, she was offered separation benefits. She went to the Civil Service Commission (CSC) but it affirmed the decision of NIA. She moved to reconsider but was still denied.

Contention of the CSC:  The employment is co-terminous with a project, which is contractual in nature.  As such, she is not one of those enumerated in the law, namely, regular, temporary, casual, and emergency employees  Thus, she is not covered by the law pursuant to the statutory construction principle of expressio unius est exclusio alterius.  The objective of the Separation of Law is not really to grant separation or retirement benefits but reorganization to streamline government functions. Contention of the employee:  The implementing guidelines of the Early Retirement Law enumerates employees who are excluded from the coverage  They are experts and consultant, uniformed military and police personnel, appointed official and employees, officials and employees who retired voluntarily prior to the law or those with pending cases punishable by mandatory separation from service.  She does not belong to any of the excluded employees, hence she is included. Held:  There is no substantial difference between contractual, casual and emergency employees.  A co-terminous employee is a non-career civil servant, just like casual and emergency employees.  It may be argued that Congress would not have specifically enumerated the employees to be covered had not the intention been to restrict its meaning and confine its terms and benefits to those specifically mentioned pursuant to the principle expressio unius est exclusio alterius.  It may also be argued that a person, object or thing omitted from an enumeration must be held to have been omitted intentionally pursuant to the principle casus omissus pro omisso habendus est.  But adherence to these legal maxims results in incongruity and violates the equal protection clause of the Constitution.

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The maxim expressio unius est exclusio alterius does not apply, but the doctrine of necessary implication. It says every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms. The denial of the application is unreasonable, unjustified and oppressive. The application should be granted in the interest of substantial justice, after all, the employee served for almost 15 years.

ILLUSTRATIVE CASE: COA v Province of Cebu, G.R. No. 141386, November 29, 2001 Facts: 

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The Governor of Cebu appointed teachers who have no item in the DepEd plantilla to handle extension classes to accommodate students in public schools. The salaries and personnel-related benefits of these teachers were charged against the Special Educational Fund (SEF) Also charged against the SEF are scholarship grants of the province The COA suspended the disbursement because salaries and grants are not chargeable against the SEF.

Contention of COA:  Section 100(c)2 of the Local Government Code provides: o “The annual school board budget shall give priority to the following: x x x o Establishment and maintenance of extension classes where necessary;”  The legal maxim “expressio unius est exclusio alterius” applies.  Since salaries, personnel-related benefits and scholarship grants are not among these authorized as lawful expenditure of the SEF under the Local Government Code, they should be deemed excluded. Held:  

The contention of COA is without merit. It is an elementary rule in statutory construction 7

Statutory Construction

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that legislative intent controls interpretation of a statute. Under the doctrine of necessary implication, the authority to open extension classes chargeable against the SEF logically includes hiring of teachers and payment of their salaries and other benefits, even if hiring and payment were not specifically mentioned in the law. The services and salaries of these teachers are necessary and indispensable to establish and maintain extension classes.

Presumption in aid of construction The court may properly rely on presumptions as to legislative intent to resolve doubts as to its correct interpretation Basis Logic, experience and common sense. When applied When there is doubts as t legislative intent And such doubt should be resolved in favor of that construction which is in accord with the presumption on the matter. Examples Congress acted within the scope of its authority Against violation of international law Against extra-territorial operation of statutes Against unconstitutionality Against inconsistency, injustice Motive of Congress In favor of beneficial operation of statutes Against inconvenience, absurdity, and ineffectiveness of statutes As to public policy Against irrepealable laws, repeal, unnecessary changes in the laws, implied repeals Acquiescence to judicial construction As to existing laws In favor of exceptions to general language As to jurisdiction of courts As to foreign laws

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