III.

CARDINAL RULES OF CONSTRUCTION

How to ascertain legislative intent?

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

Liberal or Strict Construction

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

Answer: since the testator is already dead, he cannot

anymore defend his last will and testament.
ALWAYS APPLIED IN CASE OF DOUBT
The will cannot be admitted to probate.

Naturalization laws, how construed.

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

unless the legislative intent that it be given a

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

NOTES: Common rights to acquire property, freedom of

contract
Bill of attainder - about death penalty
Bill of pains - when the penalty is lower than death

IV. PARTICULAR RULES OF CONSTRUCTION

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

be

Even if its literal interpretation says otherwise

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

context.

Q: What will the SC do if something is missing in the

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

2. Palpable meaning manifested.

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

V. CONSTRUCTION OF WORDS AND PHRASES

In interpreting the meaning and scope of a term used in

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

EXCEPTION: Where the legislature clearly intended a

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

legislature is presumed to be aware of such rules and to

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

VI. INTRINSIC AIDS IN CONSTRUCTION

In determining what a statute aims to convey, the first

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

Not conclusive; resort may be had to the

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

VII. EXTRINSIC AIDS IN CONSTRUCTION

Extrinsic aids are extraneous facts, circumstances and

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

Logically, the first extrinsic aid that courts have turned to

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

to consideration as an aid in the construction of the

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

Restrictions on the doctrine.

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

The in pari materia rule.

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

footing as written contracts which generally, are

not to be affected by evidence aliunde.