OBJECT AND METHODS OF CONSTRUCTION
uncertainty.
Methods of determining legislative intent
VERBA LEGIS or LITERAL INTERPRETATION / 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.
The presumption that the words employed by
the legislature in a statute correctly express its
intention or will, precluding any construction.
RATIO LEGIS or INTERPRETATION BY CONSIDERING
THE SPIRIT OR REASON OF THE LAW / Golden Rule
GR: the spirit / intention of the law prevail over
the letter thereof. What is within the spirit of a
statute is within the statute although it is NOT
within the letter but NOT within the spirit of the
statute is NOT within the statute.
The court may consider the spirit and reason of
a statute where a literal meaning would lead to
ABSURDITY, CONTRADICTION, INJUSTICE, or
would defeat the clear purpose of the
lawmakers.
MENS LEGISLATORIS / Mischief Rule
It is a principle of statutory construction that
what is within the spirit of the codal provision
would NOT be attained.
EQUITY OF THE STATUTE / Clean Hands Doctrine
It is available only in the absence of law and
NOT its replacement. Where the language of
the law is clear and free from ambiguity, equity
and the spirit of the law is subservient to what
is specifically written in the text.
AIDS IN INTERPRETATION AND CONSTRUCTION
INTRINSIC AIDS
Aids within the statute
If the language of the statute is clear and
unequivocal, there is no need to resort to
intrinsic aids.
In resorting to intrinsic aids, one must go back
to the parts of the statute.
A. TITLE
May properly serve as a guide to ascertaining
legislative intent carries weight because of the
Constitutional requirement
Legislative History Prior to Enactment
ART VI, SEC 26(1) Every bill must embrace only one
subject which shall be expressed in the title
thereof.
(When resort to title NOT authorized) When the
text of the statute is clear and free from doubt,
it is improper to resort to its title to make it
obscure. The title may be resorted to in order to
remove, but not to create, doubt or
B. PREAMBLE
It can neither expand nor restrict its operation,
much less prevail over its text nor can a
preamble be used as basis for giving a statute a
meaning not apparent on its face.
it sets out the intention of the legislature
It may express the legislative intent to make the
law apply retroactively, in which case the law
has to be given retroactive effect, so as to carry
out such intent.
C. PUNCTUATION MARKS
Comma, semi-colon, & period
COMMA SEMI -COLON
Used to divide sentences and parts of sentences
Used to indicate a Used to indicate a
degree greater than separation in the
that expressed by relation of the thought
comma
Makes a division more Makes a division a
pronounced little more
pronounced
PERIOD used to indicate the end of a
sentence
These are aids of low degree and can never
control against the intelligible meaning of
written words.
If the punctuation gives the statute a
meaning which is reasonable and in
apparent accord with legislative will, it may
be used as additional argument for
adopting the literal meaning of the words
as thus punctuated.
D. DEFINITIONS, SECTIONS, and INTERPRETATION
CLAUSES
E. CAPITALIZATION OF LETTERS
It is an aid of low degree in the construction of
statute.
EXTRINSIC AIDS
Extraneous facts and circumstances outside the
printed page
These aids are resorted to if, after exhausting all
the available intrinsic aids, there are still some
ambiguity in the statute.
These are resorted only if the words of the
statute are ambiguous.
I. CONTEMPERANEOUS CIRCUMSTANCES
II. LEGISLATIVE HISTORY OF STATUTE
Refers to the deliberations made during the
process wherein the proposed bill is carried
throughout Congress.
It includes STATEMENTS, OPINIONS, and
DECLARATIONS made by members of the
 legislature during committee and plenary
session.
III. CONTEMPORANEOUS AND PRACTICAL
CONSTRUCTION
Contempranea exposito est optima fortissimo in
lege. (Contemporary application is the best and
strongest means of understanding the law)
refers to statutory interpretation or
construction made by officers or bodies
executive construction
It is an invaluable aid in the construction, by the
courts, of ambiguous or doubtful provisions of
law.
It is given much weight because it is expected
that the officials called upon to enforce the law
have familiarized themselves with all the
considerations pertinent to the meaning and
purpose of the law.
o Kinds of executive interpretation of the law.
1) The construction by an executive or
administrative officer directly called to
implement the law.
2) The construction by the Secretary of Justice
in his capacity as the chief legal adviser of
the government.
3) The interpretation handed down in an
adversary proceeding in form of a ruling by
an executive officer exercising quasi-judicial
power.
INTERPRETATION AND CONSTRUCTION IN RELATION
TO LANGUAGE OF THE STATUTE
I. COMMON MEANING RULE
II. TERMS WITH LEGAL MEANING
III. TERMS WITH MULTIPLE MEANING
IV. DOCTRINEOF ASSOCIATED WORDS or
NOSCITUR A SOCII
When a particular word is equally susceptible of
various meanings, its correct construction may
be made specific by considering the company of
terms in which it is found or which it is
associated.
V. EJUSDEM GENERIS
Same kind / same specie
To give effect to both the particular and general
words, by treating the particular words as
indicating the class and the general words as
indicating all that is embraced in said class,
although not specifically named by the
particular words.
Applies only when there is uncertainty
o Exceptions of application of Ejusdem Generis
1) The enumerations have NO distinguishable
common characteristics and greatly differ
from one another.
2) The enumeration of the particular and
specific words is exhaustive
3) The enumeration does NOT thereby restrict
the meaning of the general words, but
should include others of the same class
although NOT enumerated therein.
o Limitations / Requisites of Ejusdem Generis
1) A statute contains an enumeration of
particular and specific words, followed by a
general words or phrase
2) The particular or specific words constitute a
class or are of the same kind
3) The enumeration of the particular class and
specific words is NOT exhaustive or is NOT
merely by examples; and
4) There is NO indication of legislative intent
to give the general words or phrases a
broader meaning.
VI. EXPRESSIO UNIUS EXCLUSIO ALTERIUS RULE
The express mention of one person, thing or
consequence implies the exclusion of all others.
This is a canon of RESTRISTIVE INTERPRETION.
There proceed on the premise that the
legislature would NOT have made specified
enumerations in a statute had the intention
been NOT to restrict its meaning and confine its
terms to those expressly mentioned.
o When it is generally used
1) Granting powers
2) Creating rights and remedies
3) Restricting common rights
4) Imposing penalties and forfeitures
VII. CASUS OMISSUS RULE
A case omitted is to be held as intentionally
omitted
A person, object or thing is committed from an
enumeration must be held to have been
committed intentionally.
Operate and apply only if and when omissions
have been clearly established.
GENERAL RULE: the courts CANNOT supply
omissions even though the omission may have
resulted from INADVERTENCE or because the
case in question was NOT foreseen or
contemplated
EXCEPT: when legislative intent is CLEAR and
supplying the omission will NOT do violence to
its language.
VIII. UBI LEX NON DISTINGUIT NEC NOS
DISTINGUERE DEBEMOS
IX. DOCTRINE OF LAST ANTECEDENT
X. REDENDO SINGULA SINGULIS
XI. DOCTRINE OF NECESSARY IMPLICATION