Statutory Construction

STATUTORY CONSTRUCTION(A Compendium from the books of Rodriguez, Martin and Agpalo)

CONCEPTS AND GENERAL PRINCIPLESChapter 2INTERPRETATION AND CONSTRUCTIONINTERPRETATION- is the art of finding the true sense and meaning of word/s without going beyond the context of the statute.

- Interpretation utilizes intrinsic aids (those present in the law itself), which are as follows:a. Title- expresses the subject matter of the law

b. Preamble- states the reasons and objectives of the enactment

c. Punctuation- may be used as an additional argument for adopting the literal meaning of the words thus punctuated but can never control against the intelligible meaning of a written word.

- it is an aid of low degree in interpreting the language of a statute

and can never control against the intelligible meaning of a written word.

However, if the punctuation of a statute gives it a meaning that is reasonable and

in apparent accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of the words thus punctuated.d. Words, Phrases, Sentences and Context- the intention must primarily be determined from the language of the statute and such language consist of the words, phrases and sentence s used therein. The meaning of the law should, however, be taken from the general consideration of the law as a whole and not from any single part/portion or section or from isolated words, phrases and sentences used.

e. Headings and Marginal Notes- determines the scope of the provisions and their relation to other portions of the act, however, if the meaning of the statute or if its text is clear, it will prevail as against the heading, if the latter has been prepared by compilers and not the legislature.f. Legislative Definition and Interpretation- definition of the legislature of the words used in the stature and the construction to be placed thereon. The rules are as follows:

- If a law provides that in case of doubt, it should be construed and interpreted in a certain manner that the courts should follow such instructions.

-In case of conflict between the interpretation clauses and the legislative meaning, as revealed by the statute when considered in its totality, the latter shall prevail.

- A term is used throughout the statute in the same sense it is first defined.

- Legislative definition in similar terms on the statute maybe resolved to, except, where a particular law expressly declares that its definition therein is limited in application to the statutes in which they appear.

Note: the different parts of a statute are intrinsic aids

STATUTORY CONSTRUCTION

1. DEFINITION:

STATUTORY CONSTRUCTION: It is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application in a given case, where the intention rendered doubtful by reason of the fact that the given case is not explicitly provided for in the law. (Caltex vs. Palomar, 18 SCRA 247)

It is the art of seeking the intention of the authors of the law in enacting a statute and applying to given set of facts.

The art or process of ascertaining the intention of the law-making body to resolve ambiguity in the law or its part.

It is likewise defined as that branch of the law dealing with the interpretation of laws enacted by a legislature.

Note: The legislature is presumed to know the rules of construction in enacting a statute. The legislature enacts a law with the end in view that it will, in case of doubt, be construed in accordance with settled principles and rules established by legal hermeneutics.

Note: Only statutes with ambiguous or doubtful meaning may be the subject of statutory construction.EXEGESIS is the application of the principles and rules established by legal hermeneutics.

AMBIGUITY

Ambiguity is doubtfulness, doubleness of meaning, indistinctness or uncertainty of meaning of an expression used in a written instrument. (Black Law Dictionary, 4th Edition, p.105)

It has been held that ambiguity does not only arise from the meaning of the particular words but also from the general scope and meaning of the statute when all the provisions are examined. There is also ambiguity when a literal interpretation of the words would lead to unreasonable, unjust, or absurd consequences, or where a statute is in conflict with the constitution, or where the statute would defeat the policy of the legislation. (Tarlac Development Corporation vs. C.A., L-41012, September 30, 1976) The judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters.

Ambiguity may arise from various reasons. Some of which are the following:

Words are imperfect symbols to communicate intent. They are ambiguous and change in meaning over time.

Unforeseen situations are inevitable, and new technologies and cultures make application of existing laws difficult.

Uncertainties may be added to the statute in the course of enactment, such as the need for compromise or catering to special interest groups.*The author/s of the law do not have the pre-science of the Delphic Oracle to look in the future and predict what exactly is going to happen. The most that we can expect from them is the use of their wisdom and experience in making a law and their honest, reasonable and just intention in helping build and develop our society.

Therefore, the court must try to determine how a statute should be enforced. This requires statutory construction. It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. In practice, by performing the construction the court can make sweeping changes in the operation of the law.

RULE: ONLY STATUTES WITH AMBIGUOUS OR DOUBTFUL MEANING MAY BE THE SUBJECTS OF STATUTORY CONSTRUCTION. When the law is clear all you have to do is to apply the law.LEGAL HERMENEUTICS

It is the branch of science that establishes the principles and rules of interpretation and construction of written laws.

It is the branch of science /jurisprudence which establishes the principles and rules of interpretation and construction of written laws.

*Hermeneutics- The science or art of construction and interpretation.

Otherwise put, legal hermeneutics is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. (Blacks Legal Dictionary, Centennial ed. Quoted in Diaz, Stat. Con. 3rd Ed., 2007 at page 11-12)

EXEGESIS

The application of the principles and rules established by legal hermeneutics.

Statutory ConstructionLegal HermeneuticsExegesis

Process.

Seeking the intention using the principles/procedures to be able to interpret or constructBranch of jurisprudence.

Establish the principles and rules; knowing the proceduresApplication of principles and rules establish in legal hermeneutics

Goal: To ascertain the intention of the authors of the law.

Cardinal Rule on Statutory Construction

Achieve the goal of the law- purpose of the law. (MENS LEGISLATORES)

Ascertain the intention of the framers of the law.

Formula:

LAW + FACTS = DECISION or (L + F = D)

MAJOR PREMISE + MINOR PREMISE = CONCLUSION

Chapter 1

STATUTE, LAWS, BILLS

Statute- is an act of the legislature as an organized body; it is the written will of the legislature, Expressed according to the form necessary to constitute it a law of the state and rendered authentic by certain prescribed forms and solemnities.

Sometimes, the term is more broadly defined to include administrative regulations or any enactment from whatever source originating, to which the state gives force of law.

Law- a rule of conduct or order of sequence which any being will not, ought not or cannot deviate.

Elements: rule of conduct or order of sequence, non-deviation, and, consequence

(sanction - certain kind of force, legitimacy of authority)

Bill- is a proposed law; draft of a law submitted to the consideration of the legislative body for adoption

Kinds of Bills

1. Appropriation Bill

- the primary and specific purpose is to authorize the release of funds from the public treasury.

2. Revenue Bill

- one that levies taxes and raises funds for the government.

3. Tariff Bill

- one that specifies the rates or duties to be impose on imported articles.

4. Bill Increasing Public Debt

- one that authorizes the government to borrow money, either by borrowing from external sources or offering bonds for public subscriptions.

5. Bill of Local Application

- one which is local in character like the creation of new town, city or province.

6. Private Bill

- one that will not operate directly for the public good but calculated to serve goodwill (e.g. bills granting honorary membership).

HOW LAWS ARE MADE: (PROCEDURES) Research

First Reading- any member of either house may present a bill, signed by him and reference to the proper committee; principal author may propose the inclusions; the bill is read by its title number and name/s of author/s.

Referral to the Appropriate Committee- if disapproved, the bill dies a natural death unless the House decides otherwise following the submission of the report.

Second Reading- the entire bill is read. Debates ensue and changes and amendments are inserted. The bill is then printed and distributed to all the members of congress. If favored the bill is forwarded to the Committee on Rules.

Third Reading- only the title of the bill is read; voting takes place; majority is sufficient to pass the bill

Referral to the Other House- the same procedure takes place

Submission to Joint Bicameral Committee

Enrolled Bill/Journal

Submission to the President

Three (3) ways when a bill becomes a law:

1. The President approves the enrolled bill

2. Overriding of veto

3. Non-action of the president

Different Kinds of Statutes:

1. As to Nature

- Penal Statutes

- Remedial Statutes

- Substantive Statutes

- Labor Statutes

- Tax Statutes

2. As to Application

- Mandatory

- Directory

3. As to Performance

- Permanent

- Temporary

4. As to Scope

- General

- Special

5. Other Classification

- A statute could either be prospective or retroactive

- A statute could either be repealing act or an amendatory

- A statute could either be reference statute or a declaratory statute

FUNCTIONS OF LAW:

In general, it regulates human conduct; promotion of the common good

i. Defines the rights and duties of citizens

ii. Imposes taxes

iii. Appropriate funds

iv. Defines crimes and provides for their punishment

v. Creates and abolishes government offices; determines their jurisdiction and functions

PARTS OF A LAW:

1. TITLE- gives a general statement of, and calls attention to the subject matter of an act so that legislators and the public maybe appraised of the subject matter of the legislation, and be put upon inquiry regarding thereto.

- That which expresses the subject matter of the law. It can help in the construction (interpretation) of statutes but it is not controlling and not entitled to much weight.

2. PREAMBLE- is the part of the statute following the title and preceding the enacting clause, which states the reasons for or the objective of the enactment. It cannot enlarge or confer powers, or cure inherent defects in the statute.

Points to remember:

A preamble does not create a right nor does it grant any right

It is not a source of government power

It is not an essential part of a statute

3. ENACTING CLAUSE- the part which indicates the authority which promulgated the enactment. The enacting clause is not essential to the validity of the law but this clause cloth the statue with certain dignity because the specific authority that promulgated the law is therein stated.

4. BODY- it contains the subject matter of the statute. The body of the statue should embrace only one subject matter as required by the Constitution.

5. EXCEPTION AND PROVISIONS- the part which acts as a restraint upon or as a

qualification of the generality of the language which it follows.

6. INTERPRETATIVE CLAUSE- the part of the statute where the legislature defines its own language and prescribes rules for its construction.

7. REPEALING CLAUSE- the part which announces the legislative intent to terminate, revoke or repeal another statute/s.

8. SAVING CLAUSE- the part which restricts the repealing act and preserves existing powers, rights pending proceeding from the effect of the repeal.

9. SEPARABILITY CLAUSE- it is a clause which states that for any reason, any section or provisions of the statute is held to be unconstitutional or revoked, the other section or provision of the law shall not be affected.

Points to remember:

A separability clause creates a presumption that the legislature intended a separability rather than complete nullity of the statute. This means that if one part of the statute is void or unconstitutional, the other parts, which are valid may still stand. This is the GENERAL rule.

The general rule, however, is subject to the limitation that if the part of the statute are so mutually dependent and connected thereby creating a belief that the legislature intended them as a whole, the nullity or constitutionality of one part may violate the rest.

10. DATE OF EFFECTIVITY- specifies the date and time when the law takes effect.

SOURCES OF LAW:

Constitution

Statute enacted by Congress

Decrees issued under the 1973 Constitution

Decision of Courts

The Three (3) Branches of Government

1. EXECUTIVE

- vested in the president; administer laws, carrying them into practical operation and enforcing their due observance

2. LEGISLATIVE

- power to make, alter or repeal laws

- vested in a bicameral Congress

3. JUDICIARY

- power to interpret and apply the laws

- vested in one Supreme Court and such lower courts as may be established by law

PRINCIPLES: Check and Balance (maintain equilibrium)

-Lawmaking power of Congress subject to veto power of the president, which in turn may be overridden (avoid hasty and improvident legislation, i.e. Hodgepodge and log-rolling legislation)

-Congress may refuse to give concurrence to an amnesty granted or treaty entered into by the president

-Judicial review

Separation of Powers- The purpose is to prevent the concentration of authority in one person or group that might lead to an irreversible error or abuse in its exercise. (Absolute power corrupts absolutely.)

Justice Laurel:

To secure action, to forestall over action, to prevent despotism (absolute power)

and to obtain efficiency

Constitution:

The three branches are entrusted with each of their powers are not permitted to encroach upon the powers of confided to the others.

Non-delegation of Powers

- What has been delegated cannot be delegated.

- Delegated power constitutes not only a right but also a duty to be performed by the delegate through the instrumentality of his own judgement.

a.) Completeness TestLaws must be complete in all its essential terms and conditions so that there will be nothing left for the delegate to except to enforce it.

b.) Sufficiency of Standard Test

Indicates the circumstances which the policies are to be pursued and implemented. Limits and provides parameters of discretion; purpose is to prevent total transference of legislative power from the law-making body to the delegate.

THE POWER OF THE JUDICIARY TO INTERPRETThe judiciary interprets how legislation should apply in a particular case as no legislation unambiguously and specifically addresses all matters. Legislation may contain uncertainties for a variety of reasons:

Words are imperfect symbols to communicate intent. They are ambiguous and change in meaning over time.

Unforeseen situations are inevitable, and new technologies and cultures make application of existing laws difficult.

Uncertainties may be added to the statute in the course of enactment, such as the need for compromise or catering to special interest groups.

Therefore, the court must try to determine how a statute should be enforced. This requires statutory construction. It is a tenet of statutory construction that the legislature is supreme (assuming constitutionality) when creating law and that the court is merely an interpreter of the law. In practice, by performing the construction the court can make sweeping changes in the operation of the law. CONFLICTS BETWEEN SOURCES OF LAWWhere legislation and case law are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. In the United Kingdom this principle is known as Parliamentary Sovereignty. In Australia and in the United States, the courts have consistently stated that the text of the statute is used first, and it is read as it is written, using the ordinary meaning of the words of the statute.

"[I]n interpreting a statute a court should always turn to one cardinal canon before all others. . . .[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there." Connecticut Nat'l Bank v. Germain, 112 S. Ct. 1146, 1149 (1992). Indeed, "when the words of a statute are unambiguous, then, this first canon is also the last: 'judicial inquiry is complete.'"[1] "A fundamental rule of statutory construction requires that every part of a statute be presumed to have some effect, and not be treated as meaningless unless absolutely necessary." Raven Coal Corp. v. Absher, 153 Va. 332, 149 S.E. 541 (1929).

"In assessing statutory language, unless words have acquired a peculiar meaning, by virtue of statutory definition or judicial construction, they are to be construed in accordance with their common usage." Muller v. BP Exploration (Alaska) Inc., 923 P.2d 783, 787-88 (Alaska 1996);

"The principal command of statutory construction is that the court should determine and effectuate the intent of the legislature using the plain language of the statute as the primary indicator of legislative intent." State v. Ogden, 118 N.M. 234, 242, 880 P.2d 845, 853 (1994) The words of a statute . . . should be given their ordinary meaning, absent clear and express legislative intention to the contrary, as long as the ordinary meaning does not render the statutes application absurd, unreasonable, or unjust. State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995) When the meaning of a statute is unclear or ambiguous, we have recognized that it is the high duty and responsibility of the judicial branch of government to facilitate and promote the legislatures accomplishment of its purpose. State ex rel. Helman v. Gallegos, 117 N.M. 346, 353, 871 P.2d 1352, 1359 (1994). - New Mexico v. Juan, 2010-NMSC-041, August 9, 2010

Federal jurisdictions may presume that either federal or local government authority prevails in the absence of a defined rule. In Canada, there are areas of law where provincial governments and the federal government have concurrent jurisdiction. In these cases the federal law is held to be paramount. However, in areas where the Canadian constitution is silent, the federal government does not necessarily have superior jurisdiction. Rather, an area of law that is not expressly mentioned in Canada's Constitution will have to be interpreted to fall under either the federal residual jurisdiction found in s. 91 -- known as the Peace, Order and Good Government clause -- or the provinces residual jurisdiction of "Property and Civil Rights" under s. 92(10) of the 1867 Constitution Act. This contrasts with other federal jurisdictions, notably the United States and Australia, where it is presumed that if legislation is not enacted pursuant to a specific provision of the federal Constitution, the states will have authority over the relevant matter in their respective jurisdictions.

Internal and external consistency (note- copied in presumption against inconsistency)It is presumed that a statute will be interpreted so as to be internally consistent. A particular section of the statute shall not be divorced from the rest of the act. The ejusdem generis (Latin for "of the same kind") rule applies to resolve the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear. The rule results that where "general words follow enumerations of particular classes or persons or things, the general words shall be construed as applicable only to persons or things of the same general nature or kind as those enumerated." 49 F. Supp. 846, 859. Thus, in a statute forbidding the concealment on one's person of "pistols, revolvers, derringers, or other dangerous weapons," the term "dangerous weapons" may be construed to comprehend only dangerous weapons of the kind enumerated, i.e., firearms, or perhaps more narrowly still, handguns. Here, the term "dangerous weapons" must be given a meaning of the "same kind" as the word of established meaning.

A statute shall not be interpreted so as to be inconsistent with other statutes. Where there is an inconsistency, the judiciary will attempt to provide a harmonious interpretation.

Statements of the legislatureLegislative bodies themselves may try to influence or assist the courts in interpreting their laws by placing into the legislation itself statements to that effect. These provisions have many different names, but are typically noted as:

Findings;

Declarations, sometimes suffixed with of Policy or of Intent; or

Sense of Congress, or of either house in multi-chamber bodies.

These provisions of the bill simply give the legislature's goals and desired effects of the law, and are considered non-substantive and non-enforceable in and of themselves.[2]

HYPERLINK "http://en.wikipedia.org/wiki/Statutory_interpretation" \l "cite_note-2"[3]CHAPTER 1

INTERPRETATION AND CONSTRUCTIONRule: In determining the intention of the legislature, courts should resort first to interpretation

(using intrinsic aids) before resorting to construction (using extrinsic aids).

Nothing wrong if we use the two methods at the same time- since both of them are resorted to for the same purpose- ascertain the intention of the authors of the law.

Reason: SPEECH IS THE INDEX OF INTENTIONTWO PROCESSES OF ASCERTAINING THE INTENTION OF THE LEGISLATUREA) INTERPRETATION

B) CONSTRUCTIONThese two processes, interpretation and construction, have the same object or purpose and that is: ascertaining the intent of the legislature.

The cardinal rule in the interpretation of all laws is to ascertain, and give effect to the intent of the law (Agpalo, page 107)

The purpose of all rules or maxim is to discover the true intention of the law. They are only valuable when they sub-serve this purpose. (City of Baguio vs. Marcos, GR No. 26100, February 28, 1969, 27 SCRA 342; 82 CJS page 526)In determining the intention of the legislature, courts should resort first to intrinsic aid before resorting to extrinsic aid.

I. INTERPRETATION- the act or process of ascertaining the intention of the author/s of the law using intrinsic aid.- is the art of finding the true sense and meaning of word/s without going beyond the context of the statute.

The process of discovering the true meaning of the language used. It is limited to exploring the written text.

*The court resorts to interpretation when it seeks to ascertain the meaning of a word found in a statute because such word, when considered with other words used in the statute may reveal a meaning different from that which seemed apparent when such word is considered abstractly, when given its usual meaning, or apart from the rest of the text. (viewed in isolation)

It is the art of finding the true sense and meaning of word/s without going beyond the context of the statute. It utilizes intrinsic aids (those found in the law itself) e.g. manner in which the words were written or arranged, punctuations etc. .INTRINSIC AID those found in the statute itself- Interpretation utilizes intrinsic aids (those present in the law itself), which are as follows:

a. Title- expresses the subject matter of the law

b. Preamble- states the reasons and objectives of the enactment

c. Punctuation- may be used as an additional argument for adopting the literal meaning of the words thus punctuated but can never control against the intelligible meaning of a written word.

- it is an aid of low degree in interpreting the language of a statute

and can never control against the intelligible meaning of a written word.

However, if the punctuation of a statute gives it a meaning that is reasonable and

in apparent accord with the legislative will, it may be used as an additional

argument for adopting the literal meaning of the words thus punctuated.

d. Words, Phrases, Sentences and Context- the intention must primarily be determined from the language of the statute and such language consist of the words, phrases and sentence s used therein. The meaning of the law should, however, be taken from the general consideration of the law as a whole and not from any single part/portion or section or from isolated words, phrases and sentences used.

e. Headings and Marginal Notes- determines the scope of the provisions and their relation to other portions of the act, however, if the meaning of the statute or if its text is clear, it will prevail as against the heading, if the latter has been prepared by compilers and not the legislature.

f. Legislative Definition and Interpretation- definition of the legislature of the words used in the stature and the construction to be placed thereon. The rules are as follows:





Note: the different parts of a statute are intrinsic aids

DIFFERENT PARTS OF A LAW:Note: the different parts of a statute are intrinsic aidsA) TITLE: That part of the statute which gives a general statement of, and calls attention to, the subject matter of an act, so that the legislators and the public may be appraised of the subject matter of the legislation, and be put upon inquiry in regard thereto. It expresses the subject matter of the law

It can help in the construction of statutes but it is not controlling and not entitled to much

WeightB) PREAMBLE: it is that part of the statute following the tile preceding the enacting clause which states the reason for, or the object of the statute.Preamble- that part of the statute following the title and preceding the enacting clause which state the reason or objectives of the enactment . It cannot enlarge or confer powers, or cure inherent defects in the statutes.- states the reasons and objectives of the enactment.It is that part of statute explaining the reasons for its enactment and the objects sought to be accomplished. Usually it starts with the word whereas. Generally, a preamble is a declaration by the legislature of the reasons for the passage of the statute and is helpful in the interpretation of any ambiguities within the statute which it is prefixed (People vs. Purisima, 86 SCRA 542)

Points to remember:

(i) A preamble does not create a right nor does it grant any right.

(ii) It is not a source of government power.

(iii) It is not an essential part of the statute.C) Words, Phrases and Sentences, Context- The intention of the legislature must primarily be determined from the language of the statute and such language consist of the words, phrases and sentences used therein. The meaning of the law should , however, be taken from the general consideration of the law as a whole and not from any single part, portion or section or from isolated words and phrases, clauses, or sentences used. D) Punctuation It is an aid of low degree in interpreting the language of a statute and can never control against the intelligible meaning of a written word. However, if the punctuation of a statute gives it a meaning that is reasonable and in apparent accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of the word thus punctuated.

Implicit here is the presumption that the legislature knows the language it used, its rules on grammar and the specific function of punctuation marks thus used.It may be used as an additional argument for adopting the literal meaning of the words thus punctuated but can never control against the intelligible meaning of a written word.

It is an aid of low degree in interpreting the language of a statute and can never control against the intelligible meaning of a written word. However, if the punctuation of a statute gives it a meaning that is reasonable and in apparent accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of the words thus punctuated.E) Headings and Marginal Notes If the meaning of the statute is clear of is the text of the statute is clear, they will prevail as against the headings, specially is the headings have been prepared by compilers and not by the legislature.

It determines the scope of the provisions and their relation to other portions of the act, however, if the meaning of the statute or if its text is clear, it will prevail as against the heading, if the latter has been prepared by compilers and not the legislature.

F) Body It contains the subject matter of the statute. The body of the statute should embrace only one subject matter expressed in the Title as required by the Constitution .

It is the main operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found in the body of the statute. (Diaz, page 21)

In particular statutes may have these:G) Enacting clause- It is that part of the statute which indicate the authority which promulgated the enactment.

The enacting clause is not essential to the validity of the law but this clause clothes the statute with a certain dignity because the specific authority that promulgated the law is therein stated.

Be enacted is the usual formula to start this clause.

H) Body It contains the subject matter of the statute. The body of the statute should embrace only one subject matter expressed in the Title as required by the Constitution .

It is the main operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found in the body of the statute. (Diaz, page 21)I) Exceptions and Provisos- It is a clause added to an enactment for the purpose of acting as restraint upon or as qualification of, the generality of the language it follows.J) Interpretative clause That part of the statute where the legislature defines its own language or prescribes rules for its construction.Legislative Definition and Interpretation If the legislature have defined the word/s used in a statute and has declared the construction to be places thereon, such definition or construction should be followed by the courts.

The rules are as follows:

i)If a law provides that in case of doubt it should be construed and interpreted in a certain manner, the court should follow such an instruction. This is part of the law making power of the legislature and should not be regarded as part of the power of other department to interpret (Judiciary). This may be found in the interpretative clause of the law. Example of the manner of construction -Art. 4 of the Labor Code

Art. 4. Construction in favor of Labor All doubts in the implementation and interpretation of this Code, including its implementing rules and regulations, shall be resolved in favour of labor.

ii) in case of conflict between the interpretation clauses and the legislative meaning, as revealed by the statute when considered in its totality, the latter shall prevail.

iii) A term is used throughout the statute in the same sense in which it was first defined unless it can be shown that it is being used in a different context in the succeeding part of the law.

iv) Legislative definition of similar terms on the statute may be resorted to except where a particular law expressly declares that its definition therein is limited in application to the statutes in which they appear.definition of the legislature of the words used in the stature and the construction to be placed thereon. The rules are as follows:





K) Repealing clause That part of the statute which announces the legislative intent to terminate or revoke another statute or statutes

That part of the statute which announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law. (Diaz, page 21)

L) Saving clause This restrict a repealing act and preserves existing powers, rights and pending proceedings from the effect of the repeal.

A restriction in a repealing act which is intended to save rights, proceeding, penalties, etc., from the annihilation which would result from an unrestricted repeal. (Diaz, page 21)

M) Separability clause It is a clause which states that if for any reason any section or provision of the statute is held to be unconstitutional or revoked, the other section or provision of the law shall not be affected thereby.

That part of the statute which provides or shows the intention of the legislature that in the event that one or more provisions of the law are nullified, declared void or unconstitutional , the remaining provisions which can stand by themselves without the nullified parts, shall still be in force. (Diaz, page 21)

Points to remember:

(i) A separability clause creates a presumption that the legislature intended separability rather than complete nullity of the statute. This means that is one part of the statute is void or unconstitutional, the other parts thereof which are valid may still stand.

(ii) This general rule, however, is subject to the limitation that if the part of the statute are so mutually dependent and connected thereby creating a belief that the legislature intended them as a whole, the nullity or unconstitutionality of one part may vitiate the rest.

N) Effectivity clause That part of the statute which announces the time or date when the law will become effective.

Note: Difference between the effectivity of the law (Tanada vs. Tuvera) from when a bill becomes a law.

II. CONSTRUCTION - the act or process of ascertaining the intention of the author/s of the law employing extrinsic aid.

It is the drawing of conclusions with respect to subject that are beyond the direct expression of the text from elements known and given in the text (Diaz, page 2);

Construction is the drawing of warranted conclusion 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. (Agpalo, page 104)

EXTRINSIC AIDS those found outside the written language of the law. Extrinsic aid can only be resorted to after intrinsic aid have been used and exhausted.

- Extraneous facts, circumstances of means of explanation resorted to for the purpose of determining the legislative intent.

- drawing conclusions respecting subjects that lie beyond the direct expression of the text.

- It can only be resorted when intrinsic aids have been used and exhausted. CONSDTRUCTION utilizes extrinsic aids, which are as follows:

a. Contemporaneous Circumstances- conditions existing at the time the law was enacted; previous state of the law; evils sought to be prevented; customs and usages of the people. (these circumstances constitute the reason why the law was enacted)

b. Policy- the general policy of the law or the settled policy of the state which induced the enactment may enlighten the interpreter of the laws as to the intention of the legislature enacting the same.

c. Legislative History of the State- may be found in the reports of the legislative committees in the transcript of stenographic notes taken during hearings, investigation and debates.

ERECTORS INC. Vs. NLRC, HON. JULIO ANDRES JR and FLORENCIO BURGOS (GR NO. 104215, MAY 8, 1996)- intention because of amendments.

d. Contemporaneous and Practical Construction- those who lived near or at the time when the law was enacted were more acquainted of the conditions why the law was enacted. Their understanding and application of the law, especially if the same has been construed by the judicial tribunals and legal profession, deserve to be considered by the courts.

e. Executive Construction- deserves great weight and should be respected if said construction has been formed and observed for a long period of time. The rules to remember are as follows:

- Congress is deemed to have been aware of the contemporaneous and practical construction made by the officers charged with the administration of and enforcement of the law.

- The court should respect that contemporaneous construction except if it is clearly erroneous.

- Executive construction has more weight if it is rendered by the Chief Legal Adviser of the government who can issue opinions to assist various departments of the government charged with the duty to administer the law.

- The opinion, however, by the Chief Legal Adviser is subservient to the ruling of the judiciary which is in charge of applying and interpreting the laws.

f. Legislative Construction- entitled to consideration and great weight but cannot control against the courts prerogative to decide on what is wrong and right interpretation.

g. Judicial Construction- it is presumed that statues were enacted in the light of judicialconstruction that the prior enactment had received.

- it is presumed that the legislature was acquainted with and had in mind the judicial construction of former statute on the subject.

- with respect to a statute adopted from another state, it is presumed that it was adopted with the construction placed upon it by the court of that state but this construction should only be followed if it is reasonable, in harmony with justice and public policy and consistent with the local laws.

h. Construction by the Bar and Legal Commentators- it is presumed that the meaning publicly given a statute by the members of the legal profession is a true one and regarded as one that should not be lightly changed. The opinion and commentaries of text writers and legal commentators , whether they are Filipinos or foreigners, may also be consulted, as in fact they are oftentimes cited or made as references in court decision.

(NOTE: Extrinsic aids are entitled to respect, consideration and weight but the courts are at liberty to decide whether they are applicable or not to the case brought before it for consideration.)

*Construction and Interpretation thus differ from each other, the former uses intrinsic aid while the latter employs extrinsic aid. Both, however, have the same purpose - and that is to ascertain and give effect to the legislative intent so you can use them at the same time. If not- you must used intrinsic aid first before resorting to extrinsic aid because of the principle speech is the index of intention.

PURPOSE deals with the reason why the law was made, the remedy it seeks to achieve, the mischief it seeks to prevent etc. It deals with the GOAL /OBJECTIVE of the law.

INTENTION has something to do with the meaning and the when, how or to whom the law will apply. It deals with the manner of APLLICATION of the law. Meaning of the word, phrase, punctuations etc.

Relate to:

COMPLETENESS TEST

SUFFICENT STANDARD TEST

Rule: In determining the intention of the legislature, courts should resort first to interpretation (intrinsic aid) before resorting to construction (extrinsic aid)

WHEN THERE IS DOUBT INTERPRET AND WHEN EXHAUSTED CONSTRUCT

Reason: SPEECH IS THE INDEX OF INTENTION ( INDEX ANIMI SERMO EST)

(Bustamante vs. NLRC , 265 SCRA 61,(1996).PRACTICAL FORMULA IN STATUTORY CONSTRUCTION

Statutory Construction

INTERPRETATION

Exegesis

Intrinsic Aids + LAW (Principle) = ConclusionIntention of the Authors of the Law

CONSTRUCTION

Exegesis

Extrinsic Aids + LAW (Principle) = Conclusion

INTRINSIC GUIDES

Use of Latin Maxims:

(See : CANONS- TEXTUAL)LATIN MAXIMS ON CONSTRUCTION/INTERPRETATION OF WORDS AND PHRASESA) VERBA LEGISVerba Legis (Plain Language Rule)

- If the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation.

- The language of the statute affords the best means of its exposition and legislative intent must be determined primarily therefrom. It is the courts duty to give the statute the interpretation called for by its language. The court may not speculate as to the probable intent of the legislature apart from the words. Popular clamor as to the enforcement of a law adds nothing to, and detracts nothing from the duty of the court to construe the law as it is. The law may sometimes be harsh, but if it is so written and intended by the legislature, the courts have no recourse but to apply it.

(READ: Daoang vs. Municipal Judges of San Nicolas, Ilocos Norte, March 28, 1988, 159 SCRA 369)

Plain Meaning Rule

If the statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation. This is rule 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. The legislature is presumed to know the meaning of the words, to have used words advisedly, and to have expressed its intent by use of such words as are found in the statute.[1] It is also known as "verba legis".

Plain Meaning

When writing statutes, the legislature intends to use ordinary English words in their ordinary senses. The United States Supreme Court discussed the plain meaning rule in Caminetti v. United States, 242 U.S. 470 (1917), reasoning "[i]t is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain... the sole function of the courts is to enforce it according to its terms." And if a statute's language is plain and clear, the Court further warned that "the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion." VERBA LEGIS (Plain- meaning Rule)- if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This rule rest on the presumption that the words employed by the legislature in a statute correctly expresses its intent or will and thus, thus precluding the court from construing it differently.

The language of the statute affords the best means of its exposition and legislative intent must be determined primarily therefrom. It is the duty of the court to give the statute the interpretation its language calls for. The court is not to speculate as to the probable intent of the legislature apart from the words. Popular clamor as to the enforcement of a law adds nothing to, and detract nothing from the duty of the court to construe the law as it is. The law may sometimes be harsh but if it is so written and intended by the legislature, the courts have no recourse but to apply it. (DURA LEX SED LEX)

**Thus, where what is not clearly provided in the law is read into the law by construction because it is more logical and wise, it will be to encroach upon legislative prerogative to define the wisdom of the law, which is judicial legislation( Rizal Commercial Bank Corporation vs. IAC , 320 SCRA 279, (1999).

Whether a statute is wise or expedient is not for the courts to determine. Court must administer the law, not as they think it ought to be but as they find it and without regard to consequences. (Director of Lands vs. Abaya, 63 Phil. 559, (1936).

1. National Federation of Labor vs. NLRC, 327 SCRA 158 (2000)

*The apparent presumption here is that the legislature is presumed to know the meaning of the word, to have used it advisedly, and to have expressed its intent by the use of such words as are found in the statute.(Aparri vs. CA, G.R. No. 30057, January 31, 1984)

RELATED LATIN MAXIMS :a) VERBA LEGIS NON EST RECEDENDUM- from the words of the statute there should be no departure.Verba Legis Non Est Recedendum

- From the words of a statute there should be no departure.

b) OPTIMA STATULI INTERPRETATIX EST IPSUM STATUTUM- the best interpreter of the statute is the statute itself.

c) ABSOLUTA SENTENTIA NON INDIGET- When the language of the law is clear, no explanation of it is required. Absolute Sentencia Expositore Non Indiget

- When the language of the law is clear, no explanation of it is required.

d) DURA LEX SED LEX the law may be harsh but that is the law.Dura Lex Sed Lex (The law may be harsh but it is the law.)

- The reason for the rule is that the legislature must be presumed to know the meaning of the words, to have used the words advisedly and to have expressed its intent by the use of such words as are found in the statute.

e) HOC QUIDEM PERQUAM DURUM EST, SED ITA LEX SCRIPTA EST- it is exceedingly hard but so the law is written. (the law may be exceedingly harsh but it is so written)f) AEQUITAS NUNQUAM CONTRAVENIT LEGIS Equity never acts in contravention of the law. (Aguila vs. CFI of Batangas, 160 SCRA 352 (1988).

g) MALEDICTA EST EXPOSITIO QUAE CORRUMPIT TEXTUM- it is dangerous construction which is against the text (Victoria vs. COMELEC, 229 SCRA 269 (1994).

OPPOSITE MAXIMS: Literal import or meaning must yield to its apparent intent, purpose or spirit.

Conscience and equity should always be considered in the construction of a statute. The courts are not to be hedged in by the literal meaning of the language of the statute; the spirit and intendment thereof must prevail over its letter. This rule of construction is specially applicable where adherence to the letter would result to absurdity and injustice (Casela vs. CA, GR No. 26754, Oct. 16, 1970, 35 SCRA 279; Co vs. Electoral Tribunal of House of Representative, 199 SCRA 692 (1991), would lead to mischievous results or contravene the clear purpose of the legislature, it would be construed according to its spirit and reason, disregarding as far as necessary the letter of the law. A statute may therefore be extended to cases not within the literal meaning of its terms, so long as they come within the spirit or intent. (Rufino Lopez & Sons, Inc. vs. Court of tax Appeal, 100 Phil. 850 (1957).

RATIO LEGIS- interpretation according to the spirit or reason of the law.

VERBA INTENTIONI, NON E CONTRA, DEBIT INSERVIRE- words ought to be more subservient to the intent and not to the intent of the word (intent of the word should not be contrary to the intention)- EXTENSION= THE INTENT OF THE STATUTE IS THE LAW= CONSTRUCTION TO ACCOMPLISH PURPOSE.

B) DOCTRINE OF LAST ANTECEDENTS

Doctrine of Last Antecedents rules refers to the application of a qualification to the immediately preceding references when more than one references are contained in the sentences or provision, unless otherwise it was clearly evident that it refers to a different reference contained therein. Ex.- A provision stipulates teachers, parents with mentally retarded kids must attend the ........ Here, the qualification mentally retarded kids refers to the parents as per last antecedent rule. Even though the teacher comes last, since kids refers to parents, it applies to parents in this case.

Relative and qualifying words, phrases and clauses are to be applied to the word or phrase immediately preceding and not to others more remote.

Republic vs. Lacap, GR No. 158253, March 2, 2007C) EJUSDEM GENERIS (Of the same kinds, class, or nature)Ejusdem generis (eh-youse-dem generous) adj. Latin for "of the same kind," used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed. Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, "vehicles" would not include airplanes, since the list was of land-based transportation.

.In the construction of laws, wills and other instruments, when certain things are enumerated, and then a phrase is used which might be construed to include other things, it is generally confined to things ejusdem generas; as, where an act (9 Ann. C. 20) provided that a writ of quo warranto might issue against persons who should usurp "the offices of mayors, bailiffs, port reeves, and other offices, within the cities, towns, corporate boroughs, and places, within Great Britain," &c.; it was held that "other offices" meant offices ejusdem generis; and that the word "places" signified places of the same kind; that is, that the offices must be corporate offices, and the places must be corporate Places. 5 T. R. 375,379; 5 B. & C. 640; 8 D. & Ry. 393; 1 B. & C. 237. 3. So, in the construction of wills, when certain articles are enumerated, the terra goods is to be restricted to those ejusdem generis. Bac. Ab. Legacies, B; 3 Rand. 191; 3 Atk. 61; Abr. Eq. 201; 2 Atk. 113.

When a list of two or more specific descriptors is followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes).Where a statute describes things of particular class or kind accompanied by words of a generic character, the generic words will usually be limited to things of a kindred nature with those particularly enumerated, unless there be something in the context of the statute to repel such influence. Ejusdem generis could be expansive, however, because the list is not exclusive; it may be expanded if a uridical tie could be found with another item.

Magtajas v. Pryce Properties Corp: Because gambling was with the phrase and other prohibited games of chance it was construed to refer only to illegal gambling.

PBA v CA: Where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.

Where the general term follows the designation of particular things or classes of persons or subjects, the general term will be construed to include only those things or persons of the same class, kind or nature as those specifically enumerated.

* The purpose of the rule is to give effect to both the particular and the general words by treating the particular words indicating the class and the general words as including all that is embraced in the said class, although not specifically named by the particular words. This is justified on the ground that if the legislature intended the general terms to be used in their unrestricted sense, it would not have made an enumeration of the particular subjects but would have also used only general terms

* The principle applies when specific words preceding the general expression are of the same nature.* Where of they are of different genra, the meaning of the general word remains unaffected by its connection with them.

(READ: Mutuc vs. COMELEC, November 26, 1970, 36 SCRA 228)

D) EXRESSIO UNIUS EST EXCLUSIO ALTERIUS (The express mention of one thing excludes all others)

Items not on the list are assumed not to be covered by the statute. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes" or "such as." EXPRESSIO UNIUS EST EXCLUSION ALTERIUS (Inclusio Unius Est Exclusio Alterius)

The express mention of one person, thing, or consequence implies the exclusion of all others. - Mention of one thing implies the exclusion of another

When a statute enumerates the subjects or things on which it is to operate, it is to be construed as excluding from its effect all those not expressly mentioned.

Variation: Expressium facit cessare tacitum. What is expressed puts an end to what is implied. Where a statute is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters. Canon of restrictive interpretation.

Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to others. The rule proceeds from the premise that the legislature would not have made specified enumerations in a statute had the intention been not to restrict its meaning and to confine its terms to those expressly mentioned.

Malinias v Comelec: An attempt to use an administrative charge for a criminal complaint against police officers accused of violating the election code. The court ruled that not all violations of the election code provided for criminal penalties and in this case, the violated provisions only warrant the imposition of administrative, not criminal, penalties.

Centeno v Villalon-Pornillos: A group of old men charged with violating the solicitation permit law was acquitted because the term religious purpose was not expressly included in the provisions of the statute, and what the law does not include, it excludes. The law referred only to charitable purposes, which phrase cannot be construed so as to include a religious purpose The maxim is only auxiliary rule of statutory construction. It is not of universal application neither is it conclusive. It should be applied only as a means of discovering the legislative intent which is not otherwise manifest and should never be permitted to defeat the plainly indicative purpose of the legislature.

- The maxim does not apply when words are mentioned by way of example, or to remove doubts. CASE: ESCRIBANO V. AVILA G.R. NO. 30375, September 12, 1978, 85 SCRA 245 - SARMIENTO III VS. MISON (L-79974, DEC. 17, 1987) - Sec 16, Art VII of the 1987 Constitution. (Appointment by the president without the approval of the commission on appointment.

See:

CASUS OMISUS

Casus Omisus

- Under this rule, the words or phrases may be supplied by the courts and inserted in a statute where that is necessary to eliminate repugnancy and inconsistency in the statute and to complete the sense thereof, and to give effect to the intention of the legislature manifested therein. The rule is especially applicable where such application is necessary to prevent the law from becoming a nullity. This rule is also used to supply omissions occasioned by clerical errors, by accident or inadvertence.

CASUS OMISUS PRO HABENDUS EST Casus Omisus Pro Omisso Hebendus Est

- Under this rule, a person, object or thing omitted from the enumeration must be held to have been omitted intentionally. The maxim can operate when the omission had been clearly established.

E) IN PARI MATERIA (Upon the same matter or subject)

When a statute is ambiguous, its meaning may be determined in light of other statutes on the same subject matter.All statute relating to the same subject, or having the same general purpose, should be construed together as if they constituted one law. They should be construed and harmonized with the existing law.

F) NOSCITUR A SOCIIS (A word is known by the company it keeps) *Birds of the same feather flock together*When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. Noscitur a Sociis

- Under this rule, the meaning of particular terms in a statute may be ascertained by reference to words associated with or related to them in a statute.

- Where particular word or phrase in a statute is ambiguous in itself, or is simply susceptible of various meanings, its true meaning may be made clear and specific by considering the company of words in which it is found or which it is associated.

- Where there are two or more words of ambiguous meaning together in a statute, they are understood to be used in their cognate sense to express the same relations and give color and expression to each word.

- Where a law does not define a word therein, it will be construed as having a meaning- similar to that of words associated or accompanied by it.

(READ: Caltex vs. Palomar, September 29, 1966, 18 SCRA 247)

NOSCITUR A SOCIIS

Words must be construed in conjunction with the other words and phrases used in the text. Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole. Where a particular word or phrase in a statement is ambiguous in itself or is equally susceptible of various meanings, its true meaning may be clear and specific by considering the company in which it is found or with which it is associated.

Aisporna vs. CA: wife of insurance agent prosecuted for having sold an insurance without registering as an agent. Using this doctrine, the Court ruled that an insurance agent is one who sells insurance in return for compensation, and it was not proved that Aisporna received compensation for the insurance she was alleged to have sold. (Her defense was that as her husbands clerk, she only renewed the insurance because her husband was out at the time).

Dai-Chi Electronics Manufacturing Corp. v. Villarama: Dai-Chi filed a complaint against Villarama for violating an agreement that he would not join the companys competitor within two years after leaving Dai-Chi. Dai-Chi filed a complaint against Villarama at the RTC, which dismissed it on grounds of lack of jurisdiction, for it should have been filed before a labor arbiter. Using the doctrine of noscitur a sociis, the court ruled that while the Labor Code says that all money claims of workers were under the jurisdiction of the Labor Arbiter, it did not mean to encompass the entire universe of money claims that might be asserted by workers against their employers. Paragraph 3 should not be read in isolation, but rather in conjunction with paragraphs 1 to 5, which all refer to money claims of workers arising from violations of or in connection with an employee-employer relationship. Dai-Chis complaint was anchored on a violation of contract, since Villarama was no longer an employee. The court ruled that the RTC was the proper venue for filing of the case.G) REDDENDO SINGULA SINGULIS (Refers only to the last)

When a list of words has a modifying phrase at the end, the phrase refers only to the last, e.g., firemen, policemen, and doctors in a hospital. (huh!!!!!!??????)- doctrine of last antecedentREDDENDO SINGULA SINGULIS (note-copied)Referring each to each; let each be put in its proper place, that is, the words should be taken distributively.

Amadora v CA: Teachers should apply to pupils and students; and heads of establishment of arts and trades to apprentices. The teacher in charge must answer for a students tort, but in this case none of those charged were either the teacher in charge or the dean of boys.

People vs Tamani: Promulgation should refer to judgment and notice should refer to order. The computation of the filing of the petition was wrong. (This was an obiter because the filing was late either way it is computed, and the court decided on the case anyway).

Reddendo Singula Singulis (Let each be put in its proper place)

- Under this principle, where a sentence has several antecedents and several consequents, they are to be read distributively. The antecedents should be referred to their appropriate consequents and vice versa.

- Each word, phrase or clause must be given its proper connection in order to give it proper force and effect, rendering none of them useless or superfluous. A transposition of words and clauses may be resorted to where the sentence or clause is without meaning as it stands.

- This is also to be referred to as the doctrine of collocation which literally means, referring each to each.

H) GENERALIA SPECIALIBUS NON DEROGANT (The general does not detract from the specific)

Described in The Vera Cruz (1884) 10 App. Cas. 59 as: "Now if anything be certain it is this, that where there are general words in a later Act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier legislation indirectly repealed, altered, or derogated from merely by force of such general words, without any evidence of a particular intention to do so." This means that if a later law and an earlier law are potentially - but not necessarily - in conflict, courts will adopt the reading that does not result in an implied repeal of the earlier statute. Lawmaking bodies usually need to be explicit if they intend to repeal an earlier law Generalia Specialibus Non Derogant

- A general law does not nullify a specific law. Special provisions prevail over general provisions. A special law must be intended to constitute an exception to the general law in the absence of special circumstances forcing a contrary conclusion.

I) DISSIMILUM DISSIMILIS EST RATIO (note- copied)The courts may distinguish when there are facts and circumstances showing that the legislature intended a distinction or qualification.

Garvida v. Sales: Sales sought to have Garvida disqualified from the SK post because of age. The court ruled that while the Local Govt Code provided that SK members should be 21 years old, it added a qualification that should officials should be 21 years old on the date of election. Garvida was disqualified because she was more than 21 years old, although she was less than 22 years old.

J) CASUS OMISSUS (note copied)Casus omissus pro omisso habendus est. A person, object, or thing omitted from an enumeration in a statute must be held to have been omitted intentionally.This needs two laws. In expressio unius, its just the enumeration you are looking at, not another law.

COA of the Province of Cebu v Province of Cebu: This case is about the effects of a new law on an old law. The Special Education Fund (SEF) allowed the use of part of the realty and cigarette taxes for extension programs and scholarships. When the Cebu provincial office used it to pay for salaries of teachers and scholars, COA said those were not chargeable to the SEF since RA 5447, which created the SEF, was deemed repealed by the Local Govt Code. Because the two retained sections in the LGC omitted the scholarship grants, the court ruled that what was omitted must have been omitted intentionally, and so may not be included.

K) UBI LEX NON DISTINGUIT NEC NOS DISTINGUIRE DEBEMOS

- When the law does not distinguish, courts should also not distinguish. Founded on logic, the rule is corollary of the principle that general words and phrases in a statute should ordinarily be accorded their natural and general significance. It requires that the general words and phrases should not be reduced into parts and other parts distinguished from the other part so as to justify its exclusion from the operation of the law. There should be no distinction in the application of a statute where none is indicated.

-VASQUEZ vs. HOBILLA-ALINIO (GR NO. 118813-14, APRIL 8, 1997, 271 SCRA citing Deloso vs. Domingo 191 SCRA 549 (1990)

L) MENS LEGISLATORES

- The courts look into the object to be accomplished, the evils and mischief to be remedied or the purpose to be observed. The court should give the statute a reasonable or liberal construction which will best effect its purpose rather than one which will defeat it even though such construction is not within the strict literal interpretation of the statute.

- The court should give the statute a reasonable or liberal construction which will best effect its purpose rather than one which will defeat it.

- Statutes must be construed to avoid injustice

M) EX NECISSITATE LEGIS (Doctrine of Necessary Implication)

- What is implied in the statute is as much part thereof as that which is expressed. 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.

-Every statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege to make it effective/effectual.

Generalia Verba Sun Generaliter Intelligencia

- What is generally spoken shall be generally understood.

Ratio Legis (Interpretation according to spirit)

- In construing a statute, the courts must look into the spirit of the law or the reason for it. The spirit or intention of the law prevails over the letter thereof. The statute may be extended to cases which are not included within the literal meaning of the words, if such case is within the reason for the statute. And the cases within the letter of the law but not within the spirit thereof are not within the statute. No reason, however, may be imputed to the legislature, which is not supported by the fact of the law itself. In determining the reason for the law, recourse may be had to the preamble or applicable where adherence to the letter would lead to absurdity, injustice, contradiction or defeat the plain purpose of the act. Apparent inaccuracies and mistakes in the mere verbiage or phraseology will be overlooked to give effect to the spirit of the law.

Ratio Legis Est Anima

- The reason of the law is its soul.

Cessante Ratione (Legis) Cessat Ipsa Lex

- When the reason for the law ceases, the law also ceases to exist.

Legis Posteriors Priores Contraries Abrogant

- In case of an irreconcilable conflict between two laws of different vintages, the latter enactment prevails. The rationale is that a latter law repeals an earlier one because it is the later legislative will. It is to be presumed that the lawmaker knew the older law and intended to change it. In enacting the older law, the legislators cannot have known the newer one and hence could have intended to change what they did not know. Under the Civil Code, laws are repealed only by subsequent ones.

Optima Statuli Interpretatix Est Ipsum Statutum

- The best interpreter of a statute is the statute itself.

Ut Res Magis Quam Pereat

- This means that it is not enough that the statute should be given effect as a whole but that effect should be given to each of the provisions of the statute.

Lex Prospicit, Non Respicit

- The law looks forward not backwards.

Lex De Futuro, Judex De Praterito

- The law provides for the future, the judge for the past.

Index Animi Sermo Est

- Speech is the index of intention

Interpretation Talis In Ambiguis Semper Frienda Est, Ut Evitatur Inconveniens Et Absurdum

- Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is to be adopted.

In Eo Plus Sit, Simperinest Et Minus

- The greater includes the lesser.

OTHER LATIN MAXIMS (note- copied)

CONSTRUCTION AND INTERPRETATION

A. POWER TO CONSTRUE

1. Legis interpretation legis vim obtinet.Judicial construction and interpretation of a statute acquires the force of law.

AIDS TO CONSTRUCTION

A. CONTEMPORARY CONSTRUCTION

Contemporanea exposition est optima et fortissimo in lege.Contemporary construction is strongest in law.

Optima est legum interpres consuetudo.Custom is the best interpreter of a statute.

Regula pro lege, si deficit lex.In default of the law, the maxim rules.

Optimus interpres rerum usus.The best interpreter of the law is usage.

Communis error facit jus.Common error sometimes passes as current law.

Quod ab initio non valet in tractu temporis non convalescit.That which was originally void, does not by lapse of time become valid.

Ratihabitio mandato aequiparatur.Legislative ratification is equivalent to a mandate.

Stare decisis et non quieta movere.Follow past precedents and do not disturb what has been settled.

Interest republicae ut sit finis litium.The interest of thestatedemands that there be an end to litigation.

ADHERENCE TO, OR DEPARTURE FROM, LANGUAGE OF STATUTE LITERAL INTERPRETATION

Index animi sermo est.Speech is the index of intention.

Animus hominis est anima scripti.The intention of the party is the soul.

Verba legis non est recedendum.From the words of the statute there should be no departure.

Maledicta et exposition quae corrumpit textum.It is bad construction which corrupts the text.

Littera scripta manet.The written word endures.

Clausula rebus sic stantibus.Things thus standing.

Absoluta sentential expositore non indigent.When the language of the law is clear, no explanation is required.

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

Hoc quidem perquam durum est, sed ita lex scripta est.It is exceedingly hard, but so the law is written.

DEPARTURE FROM LITERAL INTERPRETATION

Aequitas nunquam contravenit legis.Equity never acts in contravention of the law.

Aequum et bonum est lex legume.What is good and equal is the law of laws.

Jus ars boni et aequi.Law is the art of equity.

Ratio legis est anima legis.The reason of the law is the soul of the law.

Littera necat spiritus vivificate.The letter kills but the spirit gives life.

Verba intentioni, non e contra, debent inservice.Words ought to be more subservient to the intent, and not the intent to the words.

Benignus leges interpretandae sunt, quod voluntas eraum conservetur.Laws are to be construed liberally, so that their spirit and reason be preserved.

Qui haret in littera haret in cortice.He who considers merely the letter of an instrument goes butskin deepinto its meaning.

Quando verba statute sunt speciali, ratio autem generalia, statum generaliter est intelligendum.When the words used in a statute are special, but the purpose of the law is general, it should be read as the general expression.

Cessante rationi legis, cessat et ipsa lex.When the reason of the law ceases, the law itself ceases.

Interpretatio talis in ambiguis simper fienda est ut evitetur inconveniens et absurdum.Where there is ambiguity, the interpretation of such that will avoid inconveniences and absurdity is to be adopted.

Legis construction non facit injuriam.The construction of the law will not be such as to workinjuryor injustice.

Argumentum ab inconvenient plurimum valet in lege.An argument drawn from inconvenience is forcible in law.

Verba nihil operari melius est quam absurde.It is better that words should have no operation at all than that they should operate absurdly.

Lex simper intendit quod convenit rationi.The law always intends that which is in accordance with reason.

Ubi eadem ratio ibi idem jus.Like reason doth make like law.

Argumentum a simili valet in lege.An argument drawn from a similar case, or analogy, prevails in law.

De similibus idem est judicium.Concerning similars, the judgment is the same.

Ubi eadem est ratio, ibi est eadem legis disposition.Where there is the same reason, there is the same law

Ea est accipienda interpretation quae vitio caret.That interpretation is to be adopted which is free from evil or injustice.

Lex injusta non est lex.An unjust law is not a law.

Fiat justitia, ruat coelum .Let right be done, though the heavens fall.

Nemo est supra legis.Nobody is above the law.

Nulla potential supra legis esse debet.No power must be above the law.

Jurae naturae aequum est neminem cum alterius detrimento et injuria fieri locupletiorem.It is certainly not agreeable to natural justice that a stranger should reap the pecuniary produce of another mans work.

Surplusagium non nocet.Surplusage does not vitiate a statute.

Utile per inutile non vitiatur.The useful is not vitiated by the non-useful.

Falsa demostratio non nocet, cum de corpore constat.False description does not preclude construction nor vitiate the meaning of the statute.

Nil facit error nominis cum de corpora vel persona constat.Error innamedoes not make an instrument inoperative when the description is sufficiently clear.

Certum est quod certum reddi potest.That is sufficiently certain which can be made certain.

Ibi quid generaliter conceditur, inest haec exception, si non aliquid sit contras jus basque.Where anything is granted generally,exemptionfrom rigid application of law is implied; that nothing shall be contrary to law and right.

Summum jus, summa injuria.The rigor of the law would be the highest injustice.

Jus summum saepe, summa est militia.Extreme law is often extreme wrong.

Nemo tenetur ad impossibilia.The law obliges no one to perform an impossibility.

Impossibilum nulla obigatio est.There is no obligation to do an impossible thing.

Lex non cogit ad impossibilia.The law does not require an impossibility.

Lex non intendit aliquid impossible.The law does not intend the impossible.

IMPLICATIONS

Ex necessitate legis.By the necessary implication of law.

In eo quod plus sit, simper inest et minus.The greater includes the lesser.

Cui jurisdiction data est, ea quoque concessa esse videntur sine quibus jurisdiction explicari non potuit.When jurisdiction is given, all powers and means essential to its exercise are also given.

Ubi jus, ibi remedium.Where there is a right, there is a remedy for violation thereof.

Ubi jus incertum, ibi jus nullum.Where the law is uncertain, there is no right.

Ex dolo malo non oritur action.An action does not arise from fraud.

Nullius commodum capere potest de injuria sua propria.No one may derive advantage from his own unlawful act.

In pari delicto potior est condition defendentis.Where the parties are equally at fault, the position of the defending party is the better one.

Quando aliquid prohibetur ex directo, prohibetur et per obliquum.What cannot, by law, be done directly cannot be done indirectly.

INTERPRETATION OF WORDS AND PHRASES

A. IN GENERAL

Generalia verba sunt generaliter intelligenda.General words should be understood in their general sense.

Generis dictum generaliter est interpretandum.A general statement is understood in its general sense.

Verba accipienda sunt secundum subjectam materiam.A word is to be understood in the context in which it is used.

Verba mere aequivoca, si per communem usum loquendi in intellectu certosumuntur, talis intellectus preferendus est.

Equivocal words or those with double meaning are to be understoodaccording to their common and ordinary sense.

Verba artis ex arte.Words of art should be explained from their usage in the art to which they belong.

Verba generalia restringuntur ad habilitatem rei vel personam.General words should be confined according to the subject-matter or persons to which they relate.

Ubi lex non distinguit necnon distinguere debemus.Where the law does not distinguish, the courts should not distinguish.

Dissimilum dissimilis est ratio.Of things dissimilar, the rule is dissimilar.

ASSOCIATED WORDS

Noscitur a sociis.A thing is known by its associates.

Ejesdem generis.Of the same kind or species.

Expressio unius est exclusion alterius.The express mention of one person, thing or consequence implies the exclusion of all others.

Expressum facit cessare tacitum.What is expressed puts an end to that which is implied.

Argumentum a contrario.Negative-OppositeDoctrine: what is expressed puts an end to that which is implied.

Cassus omissus pro omisso habendus est.A person, object or thing omitted from an enumeration must be held to have been omitted intentionally.

Ad proximum antecedens fiat relatio nisi impediatur sentential.A qualifying word or phrase should be understood as referring to the nearest antecedent.

Reddendo singular singulis.Referring each to each, or referring each phrase or expression to its appropriate object, or let each be put in its proper place.

PROVISOS, EXCEPTIONS AND SAVING CLAUSES

Exceptio firmat regulam in casibus non exceptis.A thing not being expected must be regarded as coming within the purview of the general rule.

STATUTE CONSIDERED AS A WHOLE IN RELATION TO OTHER STATUTES

A. STATUTE CONSTRUED AS A WHOLE

Optima statute interpretatrix est ipsum statutum.The best interpreter of the statute is the statute itself.

Ex tota materia emergat resolution.Theexpositionof a statute should be made from all its parts put together.

Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita indicare vel respondere.It is unjust to decide or to respond as to any particular part of a law without examining the whole of the law.

Nemo enim aliquam partem recte intelligere possit antequam totum interum atque interim perlegit.The sense and meaning of the law is collected by viewing all the parts together as one whole and not of one part only by itself.

Ex antecendentibus et consequentibus fit optima interpretation.A passage will be best interpretedby referenceto that which precedes and follows it.

Verba posterima propter certitudinem addita ad priora quae certitudine indigent sunt referenda.Reference should be made to a subsequent section in order to explain a previous clause of which the meaning is doubtful. Interpretatio fienda est ut res magis valeat quam pereat.A law should be interpreted with a view of upholding rather than destroying it.

STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND OTHER STATUTES

Pari materia.Of the same matter.

Interpretare et concordare leges legibus est optimus interpretandi modus.Every statute myst be so construed and harmonized with other statutes as to form a uniform system of law.

Distingue tempora et concordabis jura.Distinguish times and you will harmonize law.-Temporamutantur et leges mutantur in illis.- Times have changed and laws have changed with them.

Mutatis mutandis.With the necessary changes.

STRICT OR LIBERAL CONSTRUCTION

A. IN GENERAL

Salus populi est suprema lex.The voice of the people is the supreme law.

Statuta pro publico commodo late interpretantur.Statutes enacted for the publc good are to be construed liberally.

Privatum incommodum publico bono pensatur.The private interests of the individual must give way to theaccommodationof the public.

B. STATUTES STRICTLY CONSTRUED

Actus non facit reum nisi mens sit rea.The act does not make a person guilty unless the mind is also guilty.

Actus me invito facturs non est meus actus.An act done by me against my will is not my act.

Privilegia recipiunt largam interpretationem voluntate consonem concedentis.Privilegesare to be interpreted in accordance with the will of him who grants them.

Renunciatio non praesumitur.Renunciation cannot be presumed.

Strictissimi juris.Follow the law strictly.

Nullum tempus occurit regi.There can be no legal right as against the authority that makes the law on which the right depends.

MANDATORY AND DIRECTIONAL STATUTES

A. MANDATORY STATUTES

Vigilantibus et non dormientibus jura subveniunt.The law aids the vigilant, not those who slumber on their rights.

Potior est in tempore, potior est in jure.He who is first in time is preferred in right.

PROSPECTIVE AND RETROACTIVE STATUTES

A. IN GENERAL

Lex prospicit, non respicit.The law looks forward, not backward.

Lex de futuro, judex de praeterito.The law provides for the future, the judge for the past.- Nova constitutio futuris formam imponere debet non praeteritis.- A new statute should affect the future, not the past.

Leges quae retrospciunt, et magna cum cautione sunt adhibendae neque enim janus locatur in legibus.Laws which are retrospective are rarely and cautiously received, forJanushas really no place in the laws.

Leges et constitutiones futuris certum est dare formam negotiis, non ad facta praeterita revocari, nisi nominatim et de praeterito tempore et adhuc pendentibus negotiis cautum sit.Laws should be construed as prospective, not retrospective, unless they are expressly made applicable to past transactions and to such as are still pending.

B. STATUTES GIVEN PROSPECTIVE EFFECT

Nullum crimen sine poena, nulla poena sine lege.There is no crime without a penalty, there is no penalty without a law.

Favorabilia sunt amplianda, odiosa restringenda.Penal laws which are favorable to the accused are given retroactive effect.

AMENDMENT, REVISION, CODIFICATION AND REPEAL

A. REPEAL

Leges posteriores priores contrarias abrogant.Later statutes repeal prior ones which are repugnant thereto.

Generalia specialibus non derogant.A general law does not nullify a specific or special law.

BINDING FORCE OF RULES OF INTERPRETATION AND CONSTRUCTION

Ignorantia legis neminem excusat.Ignorance of the law excuses no one.

LANGUAGE OF STATUTE WHEN AMBIGUOUS

In obscuris inspici solere quod versimilius est, aut quod plerumque fieri solet.When matters are obscure, it is customary to take what appears to be more likely or what usually often happens.

Ambiguitas verborum patens nulla verificatione excluditur.A patent ambiguity cannot be cleared up by extrinsic evidence.

PRESUMPTION AGAINST INJUSTICE AND HARDSHIP

Ad ea quae frequentibus accidunt jura adaptatur.Laws are understood to be adapted to those cases which most frequently occur.

Jus constitui oportet in his quae ut plurimum accidunt non quae ex inordinato.Laws ought to be made with a view to those cases which happen most frequently, and not to those which are of rare or accidental occurrence.

Quod semel aut bis existit praetereunt legislatores.Legislators pass over what happens only once or twice.

De minimis non curat lex.The law does not concern itself with trifling matters.

TITLE OF THE ACT (INTRINSIC AID)

Nigrum Nunquam Excedere Debet Rubrum.The black (body of the act printed in black) should never go beyond the red (title or rubric of the statute printed in red)

CANONSCanons Also known as canons of construction, canons give common sense guidance to courts in interpreting the meaning of statutes. Most canons emerge from the common law process through the choices of judges. Proponents of the use of canons argue that the canons constrain judges and limit the ability of the courts to legislate from the bench. Critics argue that a judge always has a choice between competing canons that lead to different results, so judicial discretion is only hidden through the use of canons, not reduced.

A) TextualTextual canons are rules of thumb for understanding the words of the text. Some of the canons are still known by their traditional Latin names.Plain Meaning

\When writing statutes, the legislature intends to use ordinary English words in their ordinary senses. The United States Supreme Court discussed the plain meaning rule in Caminetti v. United States, 242 U.S. 470 (1917), reasoning "[i]t is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain... the sole function of the courts is to enforce it according to its terms." And if a statute's language is plain and clear, the Court further warned that "the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion."

Ejusdem generis (Of the same kinds, class, or nature)

When a list of two or more specific descriptors is followed by more general descriptors, the otherwise wide meaning of the general descriptors must be restricted to the same class, if any, of the specific words that precede them. For example, where "cars, motor bikes, motor powered vehicles" are mentioned, the word "vehicles" would be interpreted in a limited sense (therefore vehicles cannot be interpreted as including airplanes).

Expressio unius est exclusio alterius (The express mention of one thing excludes all others)

Items not on the list are assumed not to be covered by the statute. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes" or "such as."Exclusionary rule/maximIn pari materia (Upon the same matter or subject)

When a statute is ambiguous, its meaning may be determined in light of other statutes on the same subject matter.

Noscitur a sociis (A word is known by the company it keeps)

When a word is ambiguous, its meaning may be determined by reference to the rest of the statute.

Reddendo singula singulis (Refers only to the last)Also known as Doctrine of Collocation

Let each be put in its proper place - a transposition of words and clause may be resorted to where the sentence or clause is without meaning as it stands.

Also distributive Under this principle, where a sentence has several antecedents an several consequents, they are to be read distributively. The antecedent should be referred to the appropriate consequents and vice versa.

Each word or phrase must be given its proper connection in order to give it proper force and effect, rendering none of them useless or superfluous.When a list of words has a modifying phrase at the end, the

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Statutory Construction