STATUTORY CONSTRUCTION

STATUTORY CONSTRUCTION PRELIMINARY CONSIDERATIONS 1. Statutory Construction - is the art or process of discovering and expounding meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law - is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text, conclusions which are in the spirit, though not within the letter of the text 2. Statutory Interpretation is the art of finding the true meaning and sense of any form of words, while Statutory Construction is the process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation. Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text. 3. Necessity for Statutory Construction Rules of statutory construction are tools used to ascertain legislative intent. They are not rules of law but mere axioms of experience. Rules of statutory construction help the courts resolve bad cases. Thus, where there is ambiguity in the language of a statute, courts employ canons of statutory construction to ascertain its true intent and meaning. 4. Statutory Construction in relation to the present structure of government. In our system of government:  Legislative power is vested in the Congress of the Philippines – the Senate and the House of the Representatives.  Executive power is vested in the President of the Republic of the Philippines.  Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. Legislative – makes the law Executive – executes the law Judicial – interprets the law * Construction is a judicial function. It is the duty of the Courts of Justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws. The duty and power to interpret or construe a statute or the Constitution belong to the judiciary. The Supreme Court construes the applicable law in controversies which are ripe for judicial resolution. It construes or applies the law as it decides concrete and controverted cases based on the facts and the law involved. It does not give legal opinion on hypothetical cases or in cases which have become, as a rule, moot and academic. * Legislature cannot overrule judicial construction. The legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter by the fundamental law. * When judicial interpretation may be set aside. By amending the Constitution, the framers of the fundamental law may modify or even nullify a judicial interpretation of a particular provision thereof. The rule that the Supreme Court has the final word in the interpretation or construction of a statute merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statute which has been the subject of construction. 5. Kinds of Construction and Interpretation  Hermeneutics – the science or art of construction and interpretation.  Legal hermeneutics – is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Dr. Lieber in his work on Hermeneutics gives the following classification of the different kinds of interpretation: a. Close interpretation – adopted if just reasons connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known as “literal” interpretation. b. Extensive interpretation – also called as liberal interpretation, it adopts a more comprehensive signification of the words. c. Extravagant interpretation – substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. d. Free or unrestricted interpretation – proceeds simply on the general principles of interpretation in good faith, not bound by any specific or superior principle.

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e. Limited or restricted interpretation - influenced by other principles than the strictly hermeneutic ones. f. Predestined interpretation – takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires. 6. Statutory Construction in relation to the Civil Code The Civil Code of the Philippines follows the above rule thus: Laws shall have no retroactive effect, unless the contrary is provided. 7. Statutory Construction in relation to the Doctrine of Stare Decisis The decision of the Supreme Court applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import. The legal maxim which requires the past decisions of the court be followed in the adjudication of cases is known as stare decisis et non quieta movere. It means one should follow past precedents and should not disturb what has been settled. The rule rests on the desirability of having stability in the law.

STATUTES 1. Law a. Definition Law in its jural and generic sense refers to the whole body or system of law. In its jural and concrete sense, law means a rule of conduct formulated and made obligatory by legitimate power of the state. b. Sources of Law  Legislation  Precedent  Custom  Court Decision 2. Statutes a. Definition A statute is an act of legislature as an organized body, expressed in form, and passed according to the procedure, required to constitute it as part of the law of the land. b. Distinguished from law, bill A bill is the draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses. It is enacted into law by a vote of the legislative body. c. Kinds As to nature:  public – a general classification of law, consisting generally of constitutional, administrative, criminal, and international law, concerned with the organization of the state, the relations between the state and the people who compose it, the responsibilities of public officers of the state, to each other, and to private persons, and the relations of state to one another. Public law may be general, local or special law: o General Law – affects the community at large. That which affects all people of the state or all of a particular class. o Special Law – designed for a particular purpose, or limited in range or confined to a prescribed field of action on operation. o Local Law – relates or operates over a particular locality instead of over the whole territory of the state.  private – defines, regulates, enforces and administers relationships among individuals, associations and corporations As to application:  prospective – applicable only to cases which shall arise after its enactment  retroactive – looks backward or contemplates the past; one which is made to affect acts or facts occurring, or rights occurring, before it came into force As to performance/operation:  declaratory

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curative – a form of retrospective legislation which reaches back into the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended mandatory – is a statute which commands either positively that something be done, or performed in a particular way, or negatively that something be not done, leaving the person concerned no choice on the matter except to obey; is one that contains words of command or of prohibition, the omission to follow which renders the proceeding to which it relates illegal and void, or the violation of which makes the decision therein rendered invalid directory – is a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained. substantive – which creates, defines or regulates rights concerning life, liberty or property, or the powers of agencies or instrumentalities for the administration of public affairs; creates substantive right remedial – providing means or method whereby causes of action may be affectuated, wrongs redressed and relief obtained penal – defines criminal offenses specify corresponding fines and punishments

As to scope/duration:  permanent  temporary Others:  affirmative  negative d. How a bill becomes a statute A bill before it becomes a law must pass the strict constitutional requirements explicit both in the 1973 Constitution and the 1987 Constitution. Passage of a bill in a parliamentary system (unicameral assembly):  A member of the National Assembly may introduce the proposed bill to the Secretary of the National Assembly who will calendar the same for the first reading.  In the first reading, the bill is read by its number and title only.  After the first reading, the bill is referred by the Speaker to the appropriate committee for study. At this stage, the appropriate committee will conduct public hearings. Then after the public hearings, the committee shall decide whether or not to report the bill favorably or whether a substitute bill should be considered. Should there be an unfavorable report of the committee, then the proposed bill is dead.  Upon favorable action by the committee, the bill is returned to the National Assembly and shall be calendared for the second reading.  In the second reading, the bill is read in its entirety.  Immediately after the second reading, the bill is set for open debates where members of the assembly may propose amendments and insertions to the proposed bill.  After the approval of the bill in its second reading and at least three (3) calendar days before its final passage, the bill is printed in its final form and copies thereof distributed to each of the members.  The bill is then calendared for the third and final reading. At this stage, no amendment shall be allowed. Only the title of the bill is read and the National Assembly will then vote on the bill. Under the present 1987 Constitution, after the third and final reading at one House where the bill originated, it will go to the other House where it will undergo the same process.  After the bill has been passed, it will be submitted to the Prime Minister (President) for approval. If he disapproves, he shall veto it and return the same with his objections to the National Assembly (House where it originated), and if approved by two-thirds of all its members, shall become a law. Under the present set-up, if the originating house will agree to pass the bill, it shall be sent, together with the objections to the other house by which it shall be likewise be considered and must be approved by two-thirds of the votes. Every bill passed by Congress shall be acted upon by the President within thirty (30) days from receipt thereof. Otherwise, it shall become a law. e. Parts of a statute     

Title – the heading on the preliminary part, furnishing the name by which the act is individually known. It is usually prefixed to the statute in the brief summary of its contents. Preamble – part of statute explaining the reasons for its enactment and the objects sought to be accomplished. Usually, it starts with “whereas”. Enacting clause – part of statute which declares its enactment and serves to identify it as an act of legislation proceeding from the proper legislative authority. “Be enacted” is the usual formula used to start this clause. Body – the main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found. Repealing Clause - announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law.

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Saving Clause – restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal. Separability Clause – provides that in the event that one or more provisions or unconstitutional, the remaining provisions shall still be in force. Effectivity Clause – announces the effective date of the law.

f. Statutes in relation to administrative issuances and municipal ordinances It is an elementary principle in statutory construction that a statute is superior to an administrative regulation and the former cannot be repealed or amended by the latter. These principles require for an ordinance to be valid:  must not contravene the Constitution or any statute  must not be unfair or oppressive  must not be partial or discriminatory  must not prohibit but may regulate trade  must be general and consistent with public policy  must not be unreasonable 3. Other Laws a. Presidential issuances – are those which the President issues in the exercise of his ordinance power  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  Administrative Orders – Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head  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  Memorandum Orders – Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government  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  General or specific orders – are acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines b. Ordinances – acts passed by the local legislative body in the exercise of its law-making authority. – barangay ordinance (sangguniang barangay); municipal ordinance (sangguniang bayan); city ordinance (sangguniang panlungsod); provincial ordinance (sangguniang panlalawigan) c. Administrative rules and regulations – issued by administrative or executive officers in accordance with, and as authorized by, law have the force and effect of law or partake the nature of a statute. 4. Effectivity of Laws Article 2 of the Civil Code provides that “laws shall take effect after 15 days following the completion of their publication in the Official Gazette, unless it is otherwise provided x x x.”

AIDS IN STATUTORY CONSTRUCTION A. 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. 1. Context or text of statute Legislative intent should accordingly be ascertained from a consideration of the whole context of the statute and not from an isolated part or particular provision. The context may circumscribe the meaning of a statute; it may give to a word or phrase a meaning different from its usual or ordinary signification. In such a case, the meaning dictated by the context prevails.

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2. Explanatory notes An explanatory note is a short exposition or explanation accompanying a proposed legislation by its author or proponent. It contains statements of the reason or purpose of the bill, as well as argument advanced by its author in arguing its passage. When there is ambiguity in a statute or where a statute is susceptible of more than one interpretation, courts may resort to the explanatory note to clarify the ambiguity and ascertain the purpose or intent of the statute. The statute may then be so construed as to give effect to the purpose or intent as disclosed in its explanatory note. 3. Long title The title of a statute serves as aid, in case of doubt in the language, to its construction and to ascertaining legislative will. Where the meaning of a statute is obscure, courts may resort to its title to clear the obscurity. The title may indicate the legislative intent to extend or restrict the scope of law, and a statute couched in a language of doubtful import will be construed to conform to the legislative intent as disclosed in its title. The title can be resorted to as an aid where there is doubt as to the meaning of the law or as to the intention of the legislature in enacting it, and not otherwise. It became established in the nineteenth century that the long title could be considered as an aid to interpretation. The long title should be read as part of the context, "as the plainest of all the guides to the general objectives of a statute. 4. Preamble A preamble is that part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment of law. It is usually expressed in the form of “Whereas” clauses. 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. 5. Short title There is some question whether the short title should be used to resolve doubt. 6. Section Headings Headnotes, headings or epigraphs of sections of a statute are convenient index to the context of its provisions. They are prefixed to sections or chapter of a statute for ready reference or classification. In case of doubt or ambiguity in the meaning of the law or intention of the legislature, they may be consulted in aid of interpretation. 7. Punctuation Punctuations such as a comma, a semi-colon, and a period are grammatical marks. It is a rule of legal hermeneutics that punctuation marks are aids of low degree and can never control against the intelligible meaning of written words. * semi-colon  used to indicate a separation in the relation of the thought and what follows a semi-colon must have a relation to the same matter which precedes it. * comma & semi-colon  both used for the same purpose, namely, to divide sentences and parts of sentences 8. Capitalization of letter Capitalization of letters is an aid of low degree in the construction of statute. 9. Definition sections and interpretation clauses Some Acts have their own interpretation sections. B. Extrinsic Aids 1. Applicability of 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 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;

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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. 2. Dictionaries Dictionaries generally define words in their natural, plain and ordinary acceptance and significance. Where the law does not define the words used in a statute and the legislature has not intended a technical or special meaning to those words, the Court may adopt the ordinary meaning of the words as defined in the dictionaries. 3. Legislative History It is a well-settled rule of statutory construction that where a statute is susceptible of several interpretations or where there is ambiguity in its language, there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute. Generally speaking, the history of a statute refers to all its antecedents from its inception until its enactment into law. Its history proper covers the period and the steps done from the time the bill is introduced until it is finally passed by the legislature. 4. Treaties and international conventions Apart from these external aids, courts also take recourse to other material. For example, wherever necessary, court can look into International Conventions. The Human Rights Act 1997 provides a new canon of statutory interpretation that Acts are, where possible, to be interpreted so as to comply with the European Convention on Human Rights. 5. Legislative debates and deliberations Courts may avail themselves of the actual proceedings of the legislative body to assist in determining the construction of a statute of doubtful meaning. They may resort to the legislative deliberation in the legislature on a bill which eventually was enacted into law to ascertain the meaning of its provisions. Thus, where there is doubt as to what provision of a statute means, that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted. 6. Other statutes in pari materia It is also a cardinal principle of construction that external aids are brought in by widening the concept of context as including not only other enacting provisions of the same statute, but its preamble, the existing state of law, other statutes in pari materia and the mischief which the statute was intended to remedy. 7. Contemporaneous circumstances Courts may resort to contemporaneous construction or that put upon it at the time of its passage or soon afterwards and universally acquiesced in and acted upon. 8. Policy, spirit and purpose of law The intent or spirit of the law is the law itself. For this reason, legislative intent or spirit is the controlling factor, the leading star and the guiding light in the application and interpretation of a statute. The spirit, rather than the letter, of a statute determines its construction; hence a statute must be read according to its spirit or intent. 9. Executive construction It is a construction by an executive or administrative officer directly called to implement the law. The opinions and rulings of officials of the government called upon to execute or implement administrative laws command much respect and weight. An interpretation embodied in a circular, directive or regulation is an expressed interpretation. 10. Construction by the bar and legal commentators They are always received with great respect and consideration and may be resorted to for the purposes of determining the meaning of the statute.

PRESUMPTION IN AID OF STATUTORY CONSTRUCTION - 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. Applicable only when there is some doubts as to the intention of the legislature. Presumptions yield to express legislative declarations. 1. Presumption of Validity In the absence of evidence demonstrating the alleged confiscatory effect of the provision in question, there is no basis for its nullification in view of the presumption of validity which every law has in its favor.

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General rule: Statutes are presumed valid. Exception: If it clearly appears that the statute violates the fundamental law. 2. Presumption of Constitutionality 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. 3. Presumption of Good Faith It is presumed that the legislature has good motives in making laws. 4. Presumption against Injustice The law should never be interpreted in such a way as to cause injustice as this never lies 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. “In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking body intended right and justice to prevail.” (Article 10 of Civil Code) - Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. 5. Presumption against Inconsistency The mind of the legislature is presumed to be consistent; and in case of doubtful and ambiguous expression of its will, such a construction should be adopted as will make all the provisions of the statute consistent with each other and with the pre-existing body of law. A word or phrase repeated in the statute will have the same meaning throughout the statute, unless a different intention appears. 6. 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. Presumptions against undesirable consequences were never intended by a legislative measure. It is presumed that the legislature does not intend an absurdity or that absurd consequence shall flow from its enactments and such a result should be avoided if the terms of the act admit to it by a reasonable construction. 7. 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. 8. Presumption against Irrepealable Laws It is always to be presumed in case of doubt of ambiguity that the legislature does not intend to derogate from the authority of its successors, to make irrepealable laws, or to divest the state of any portion of its sovereign powers. 9. 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. 2 requisites:  The statutes must touch the same subject matter.  The latter statute must have an irreconcilable inconsistency and repugnancy with the prior statute. 3 rules to remember:  Laws are repealed only by subsequent ones.  Law A  Law B expressly repeals Law A  Law C repeals law B = Law A is not revived Law A  Law B impliedly repeals Law A  Law C repeals law B = Law A is revived  A general law does not repeal a special law, unless it is so expressly provided or they are incompatible. 10. Presumption against Violation of Public Policy It is presumed that the legislature intends its enactments to accord with the principles of sound public policy and the interests of public morality, not to violate them; and due weight should be given to this presumption in the construction of a doubtful or ambiguous statute. Plainly put, public policy is that principle of the law which holds that no subject or citizen can lawfully do that which has a tendency to be injurious to the public or against the public good. As applied to contracts, in the absence of express legislation or constitutional prohibition, a court, in order to declare a contract void as against public policy, must find that the contract as to the consideration or thing to be done, has a tendency to injure

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the public, is against the public good, or contravenes some established interests of society, or is inconsistent with sound policy and good morals, or tends clearly to undermine the security of individual rights, whether of personal liability or of private property. 11. Presumption of Knowledge of Existing Laws It is presumed that the legislature in drafting and enacting a statute had full knowledge and took cognizance of all existing laws on the same subject matter or relating thereto. 12. Presumption of Acquiescence to Judicial Construction - If congress fails to supply or falls short in providing the specific legislation on a certain subject (like inclusion of copyright), then it is presumed Congress will acquiesce to the Supreme Court's interpretation of the statute. 13. Presumption of Jurisdiction A statute will not be construed as ousting or restricting the jurisdiction of the superior courts, or as vesting a new jurisdiction in them, unless there will be express words or a necessary implication to that effect. 14. Presumption of Acting within the Scope of Authority - It has something to do with agency. All agents are presumed to act under the scope of their authority. It may extend to the presumption of regularity of acts by public officials. - But also has implications in partnerships and corporation laws, that the partners and the Board of Directors of a corporation are presumed to have acted within the scope of their authority. - Presumption of acting within the scope of authority has something to do with "burden of proof" on whether or not someone was within his or her authority to act. Without countervailing evidence, the court will presume that the agent acted properly and with authority. It is for the party who alleges that the person has no authority to prove the lack thereof. 15. 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).

GENERAL PRINCIPLES IN THE CONSTRUCTION AND INTEPRETATION OF LAWS  

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Statutes as a Whole  Statutes should be construed as a whole; one portion may be qualified by others Legislative Intent must be ascertained from the statute as a whole  Legislative intent is the vital part, the essence of the law. The intent of the legislature is the law, and the key to, and the controlling factor in, its construction or interpretation. Intent is the spirit which gives life to legislative enactment. It must be enforced when ascertained, although it may not be consistent with the strict letter of the statute. The term “intent” includes two concepts, that of purpose and that of meaning, It has been held, however, that the ascertainment of legislative intent depends more on a determination of the purpose and object of the law.  Optima statuli interpretatix est ipsum statutum – the best interpreter of the statute is the statute itself  Ut res magis valeat quam pereat. – because a statute is enacted in whole and not in parts or sections, which implies that one part is as important as the other, the statute should be construed and given effect as a whole.  3 approaches in determining the legislative intent: o Literal Rule o Purpose Rule o Golden Rule – depart from the ordinary meaning Verba Legis  plain meaning rule  Where the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation. This plain meaning rule or verbal legis derived from the maxim index animi sermo est (speech is the index of intention) rests on the valid presumption that the words employed by the legislature in a statute correctly express its intention or will and preclude the court from construing it differently. Spirit and Purpose of the Law  The intent or spirit of the law is the law itself. For this reason, legislative intent or spirit is the controlling factor, the leading star and the guiding light in the application and interpretation of a statute. The spirit, rather than the letter, of a statute determines its construction; hence a statute must be read according to its spirit or intent. Statute of Later Date Prevails  because it favors the latest intention of the legislature Generalia Specialibus Non Derogant  Special provisions prevail over a general one.  A special law prevails over a general law. A special law prevails over a general law

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 Special provisions prevail over a general one. This test is applied when both customary and treaty sources of law exist and the two sources cannot be construed consistently.  Exception: When a general law covers a specific topic or provision or treats a subject in particular; while the special law has not covered the specific subject matter or refers to it in general. Pari Materia rule  Statutes are in pari materia when they relate to the same person or thing, or have the same purpose or object, or cover the same specific or particular subject matter. It is sufficient that the 2 or more statutes relates to the same specific subject matter. Statutes in pari materia should be construed together to attain the purpose of an express national policy.  Exception: If 2 or more statutes on the same subject were enacted at different times and under different conditions and circumstances, their interpretation should be in accordance with the circumstances or conditions peculiar to each. A statute will not be construed as repealing prior acts or acts on the same subject matter. Reenacted Statutes  in relation to domestic statutes/laws Adopted Statutes  in relation to international statutes/laws Common Law Principle vs. Statutory Provision  between the two, the latter should prevail  the former will only apply if there is no other law applicable Doctrine of Necessary Implication  No statute can be enacted that can provide all the details involved in its application. There is always an omission that may not meet a particular situation. The doctrine states that what is implied in a statute is as much a part thereof as that which is expressed. The principle is expressed in the maxim, Ex necessitate legis or from the necessity of law. The greater includes the lesser, expressed in the maxim, in eo quod plus sit, simper inest et minus.  The term “necessary implication” is one that is so strong in its probability that the contrary thereof cannot reasonably be supposed. It is one which, under the circumstances, is compelled by a reasonable view of the statute, and the contrary of which would be improbable and absurd. Casus Omissus (Casus omissus pro omisso habendus est)  This rule states that a person, object or thing omitted from an enumeration must be held to have been omitted from an enumeration must be held to have been omitted intentionally. The principle proceeds from a reasonable certainty that a particular person, object or thing has been omitted from a legislative enumeration.  In other words, the maxim operates and applies only if and when the omission has been clearly established, and is such a case what is omitted in the enumeration may not, by construction, be included therein. Stare Decisis  The legal maxim which requires the past decisions of the court be followed in the adjudication of cases is known as stare decisis et non quieta movere. It means one should follow past precedents and should not disturb what has been settled. The rule rests on the desirability of having stability in the law.

CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES 

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When the law does not distinguish, courts should not distinguish  Ubi lex non distinguit, nec nos distinguere debemus. The rule, founded on logic, is a corollary of the principle that general words and phrases in a statute should ordinarily be accorded their natural and general significance. The rule requires that a general term or phrase should not be reduced into parts and one part distinguished from the other so as to justify its exclusion from the operation of the law. In other words, there should be no distinction in the application of a statute where none is indicated. Exceptions in the Statute  Where the law does not make any exception, courts may not except something unless compelling reasons exist to justify it. General and Special Terms  General terms should not be given a restricted meaning.  General terms in a statute are to receive a general construction, unless retrained by the context or by plain inferences from the scope and purpose of the act.  General terms or provisions in a statute may be restrained and limited by specific terms or provisions with which they are associated.  Special terms in a statute may sometimes be expanded to a general signification by the consideration that the reason of the law is general.  Special terms refer exclusively to a specific or particular class. Ejusdem generis  The general rule is that where a general word or phrase follows an enumeration of particular and specific words of the same class or where the latter follows the former, the general word of phrase is to be construed to include, or to be restricted to, persons, things or cases akin to, resembling, or of the same kind or class as those specifically mentioned. This canon of statutory construction is known as ejusdem generis (or the same kind or specie).  The purpose of the rule ejusdem generis is to give effect to both the particular and general words, by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not specifically named by the particular words.

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Expressio unius est exclusion alterius / Doctrine of negative implication  The express mention of one person, thing, or consequence implies the exclusion of all others. But this maxim is not applicable where words are used by example only.  This maxim and its corollary canons are generally used in the construction of statutes granting powers, creating rights and remedies, restricting common rights, and imposing penalties and forfeitures, as well as those statutes which are strictly construed. Noscitur a sociis  This maxim states that where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found or with which it is associated. Use of negative words  Negative words or phrases are to be regarded as mandatory.  Affirmative words are merely directory. Use of “or”  is a disjunctive term signifying disassociation and independence of one thing or another  is a disjunctive particle used to express as alternative or to give a choice of one among two or more things  is also used to clarify what has already been said, and in such cases, means “in other words,” “to wit,” or “that is to say” Use of “and”  is a conjunctive term  means conjunction connecting words or phrases expressing the idea that the latter is to be added or taken along with the first Use of “and/or”  means that the word “and” and the word “or” can be used interchangeably Use of “shall”  emphasizes mandatory character and means imperative, operating to impose a duty which may be enforced  may be either as mandatory or directory depending upon a consideration of the entire provision in which it is found, its object and consequences that would follow from construing it one way or the other Use of “may”  emphasizes directory character  generally connotes a permissible thing, and operates to confer discretion Use of “all”, “every”, “any” Use of “and so forth, “and the like” Use of cannot”, “shall not”, “no”  mandatory and prohibitive

RULES OF CONSTRUCTION OF SPECIFIC STATUTES          

Penal Statutes  against the State and liberally in favor of the accused Remedial Statutes  procedural laws; made by the Supreme Court; liberally construed; made to improve another law Substantive Statutes  in case of doubt, the judge should presume that the lawmaking body intended right and justice to prevail  create rights and impose duties Labor Statutes  doubt should be resolved in favor of the worker or laborer Tax Statutes  in favor of the taxpayer Mandatory and Directory  following tests: terminology; materiality of the provisions; consequences; penalty Temporary Statutes  for a fixed time only General Statutes  examples: Constitution, Revised Penal Code, New Civil Code Special Statutes  within a particular class only Local Statutes  within territorial limits only

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Dura lex sed lex  “The law may be harsh, but it is still the law.” This principle is expressed in the legal maxim. Dura lex sed lex. Another maxim expressive of the rule is hoc quidem perquam durum est, sed ita lex scripta est, or it is exceedingly hard but so the law is written. The principle requires that the statute should be applied regardless of whether it is unwise, hard or harsh. If the law is clear and free from doubt, it is the sworn duty of the court to apply it without fear or favor, to follow its mandate, and not to tamper with it. Reddendo singular singulis / Last antecedent rule  The maxim means referring each to each; referring each phrase of expression to its appropriate object, or let each be put in its proper place, that is, the words should be taken distributively.  It requires that the antecedent and consequences should be read distributively to the effect that each word is to be applied to the subject to which it appears by context most appropriately related and to which is most applicable.

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Charming Betsy Rule  National statute must be construed so as not to conflict with international law. It has also been observed that an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains. Rule of Lenity  This means that the Court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation can be based on no more than a guess as to what Congress intended is not applicable here. Contemporanea exposition  Contemporary or practical constructions are the constructions placed upon statutes at the time of, or after, their enactment by the executive, legislature, or judicial authorities, as well as by those who, because of their involvement in the process of legislation, are knowledgeable of the intent and purpose of the law, such as draftsmen and bill sponsors.  Contemporanea exposition est optima et fortissimo in lege --- the contemporary construction is strongest in law. Lex posterior derogate priori  A treaty may repeal a statute and a statute may repeal a treaty.  In states where the Constitution is the highest law of the land, such as the Republic of the Philippines, both statutes and treaties may be invalidated if they are in conflict with the Constitution. Lex posterior generalis non derogate legi priori specialis  A later general law does not repeal a prior special law. The Borrowed Statute Rule  When the legislature borrows a statute, it adopts by implication interpretations placed on that statute, absent an express statement to the contrary. Harmonization with other statutes / Interpretare et concordare legibus est optimus interpretandi  Every statute must be so construed and harmonized with other statutes as to form a uniform system of jurisprudence.  The rule is that a statute should be so construed not only to be consistent with itself but also to harmonize with other laws on the same subject matter, as to form a complete, coherent and intelligible system. Doctrine of Desuetude  It is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of nonenforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete. It is the legal doctrine that long and continued non-use of a law renders it invalid, at least in the sense that courts will no longer tolerate punishing its transgressors. Argumentum a contrario  The Negative-Opposite doctrine --- what is expressed puts an end to that which is implied.

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