[Statutory Construction]

I. Definition III. Different Kinds of Interpretation

>Is an art or process Close interpretation Interpreting in the narrowest

meaning of a statute; its literal
Of discovering the meaning and intention of the interpretation.
authors of the law> WITH RESPECT TO A GIVEN CASE Extensive Interpreting in a
Where the intention is rendered doubtful that the given Interpretation comprehensive signification;
liberal interpretation.
case is not explicitly provided for by the law (CALTEX v.
Extravagant Interpreting the statute by
PALOMAR 1966)
Interpretation substituting a different
*Purpose of Construction and interpretation is to meaning beyond the true one;
ascertain and give effect to the legislative intent. not a genuine interpretation.
Free or Unrestricted Interpreting by good faith with
Interpretation Construction Interpretation only the general principles of
interpretation as bases.
Limited or Interpreting with the influence
Restricted of other principles.
-comes first before -where interpreters
Interpretation
construction. resort to after exhausting
Predestined Interpreting by preconceived
-employs intrinsic aids all intrinsic aids
Interpretation views making the text
(Parts of the Law) -employs extrinsic aids
subservient to the author’s
-explores within the -drawing out of
written text conclusions from the personal thoughts; bias
interpretation.
written text beyond its
direct expression.
IV. Statutes

Statutes are written laws passed by a legislative body.

II. SITUS OF CONSTRUCTION AND INTERPRETATION
-expressed intent of the legislative body.
>Judicial Dept. Bill – is a draft of a law to be introduced, and passed
thru voting.
(Art. 8, Sec. 1 1987 Constitution)
Act – is a bill acted upon by the legislative body, which
Under checks and balances the court may declare passed the 3rd reading.
legislative measures and executive acts *Statute Law – has a broader meaning which embodies
unconstitutional. the judicial interpretation. (not to be confused with Statute)

Requisites for the Court to interpret or construe laws
1. there must be an actual controversy brought to
court.
2. there must be an ambiguity in the law involved. (The
law is susceptible to 2 or more interpretations.)
HOW A BILL BECOMES A LAW
-Article of the Constitution
First Reading – The title and number is read; the bill is
referred to a proper committee for its study. Public
hearings are conducted and thereafter it shall be voted
favorably otherwise the bill is dead. Calendared for -

There is ambiguity when reasonable persons can find Second Reading – The bill is read in its entirety; open
different meanings in a statute. (LASKAINS v. CITY OF for debates, insertions and amendments. The
WISCONSIN) committee shall decide whether the bill is favorable or
not, after approval it shall be printed in its final form
LEGISLATIVE EXECUTIVE JUDICIARY which copies shall be given to all members of the house
(Art 6 Sec 1) (Art 7 s.1) (Art.8 s.1) unless a written order to immediately pass it is sent by
Legislative power is Executive Judicial the president.
vested in the power shall power is
Congress of the be vested in vested in Third Reading – Only the title is read, all members shall
Philippines which the one vote; either 50%+1 or 51% depending on internal rules.
shall consist of two President of Supreme
houses, the House of the court and in *there can be simultaneous proceedings of both
Representatives and Philippines. such lower houses in cases of high urgency. Yet normally, a bill that
the Senate except to (Art 7 Sec 1, courts as passed the third reading shall be submitted to the other
the extent reserved 1987 may be house to undergo the same 3 step process, thereafter
to the people by the Constitution) established be submitted to the president for approval.
provision of initiative by the law.
and referendum. (Art 8 Sec. 1 If not approved, it is vetoed and returned to the house
(Art 6 Sec 1 1987 1987 it originated with the president’s objections where it
Constitution) Constitution) will be voted for reconsideration. If 2/3 of the all the
The Constitutional Test on the passage of a bill (Topic IV) house members constitute yeas it shall be endorsed to
1. It shall only embrace one subject to prevent hodge- the other house for the same process. If its 2/3 of all
podge or log-rolling. the senate members, it shall be a statute.
2. No bill shall be enacted unless it passed 3 readings in
*the president is granted to approve or veto bills within
separate days. Unless immediate passage
30 days, incase of inaction the bill shall be passed.
3. All passed bills shall be presented to pres. Veto.30dys
Parts of Statute:
1. Title – brief summary of its contents, shall be
the heading on the preliminary part of the law.
2. Preamble – the part of the statute that explains
the reasons for its enactment. Usually starts
with whereas, and serves one of the usual
intrinsic aid in case of ambiguities in the law.
3. Enacting Clause – the part of the statute which
declares the enactment and identifies that it is
an act of legislation proceeding from the
proper legislative authority.
4. Body – The main and operative part of the law.
It contains the substantive and procedural
provisions as well as exceptions.
5. Repealing Clause – that part of the statute
which announces the prior statutes abrogated
by reason of the enactment of it.
6. Saving Clause – a restriction in a repealing act,
which is intended to save rights, pending
proceedings, penalties from the annihilation
resulting from an unrestricted repeal.
7. Separability Clause – Part of the statute which
provides that in the event that one or more
provisions are declared void
unconstitutional the remaining provisions shall
still be in force.
8. Effectivity Clause – part of the statute which
expresses the date it shall be effective.
directs doing of an act or declares what shall be
done in contrast to a negative statute which is
one that prohibits a thing from being done or
declares what should not be done.
12. Mandatory Statute – Generic term describing
statutes which require not merely permit a
course of action “shall” not “may.”
***anyone may interpret the law.
Lawyers, policement,arbiters, administrative boards or
agencies, govenrment as well as private executives
however are not necessarily conclusive and does not
bind the courts.
Instances where the interpretation is not necesarily
binding:
1. abuse of discretion and authority
(2) violation of due process
(3) denial of substantial justice
(4) erroneous interpretation
Principles of Statutory Construction
or
Legis interpretatio legis vim obtinet – the construction
of the law obtains the force of the law.
Verba Legis non est recedendum – from the words of
the statute there shall be no departure.

Kinds of Statutes Ut res magis valeat quam pereat – the law shall be
interpreted as a whole.
1. General Law – is one that affects the
community at large. A law that affects or **void for vagueness doctrine
governs over all the people of the state. PH
**Express repeal v. implied repeal
constitution/ Civil Code.
2. Special Law – a law is special when it is
different from others of the same general kind,
or designed for a particular purpose limited by
its prescribed field. RA 9262
3. Local Law – a law which operates over a
particular locality. City Ordinances.
4. Public Law – a type of law that organizes a
state, and its relation to its people. It can be a
general, local, or special.
5. Private Law – portions of the law which
defines/regulates individuals in its relation to
associations, corporations.
6. Remedial Statute – a statute providing means
or method whereby causes of action may be
effectuated, wrongs redressed and relief
obtained.
7. Curative statute – a form of retrospective
legislation which reaches back to the past to
correct errors.
8. Penal Statute – a statute that defines criminal
offenses and specify corresponding fines and
punishments.
9. Prospective Law – a law applicable only to
cases which shall arise after its enactment.
10. Retrospective Law – a law that looks backward
or contemplates the past one which is made to
affect acts or facts occurring, or rights
occurring before it came to force.
11. Affirmative Statute – A statute couched in
affirmative or mandatory terms. One which