CHAPTER 3 Headnotes or epigraphs

Secondary aids
Title They are prefixed to sections, or chapters of
It is used as an aid, in case of doubt in its a statute for ready reference or
language to its construction and to classification.
ascertaining legislative will.
The title may indicate the legislative intent Lingual text
or extend or restrict the scope of law, and a Rule is that, unless provided, where a
statute couched in a language of doubtful statute is promulgated in English and
import will be constructed to conform to Spanish, English shall govern but in case of
the legislative intent as disclosed in its title. ambiguity, Spanish may be consulted to
The title may be resorted in order to explain the English text.
remove, but not to create doubt. A statute is officially promulgated in
Spanish or in English, or in Filipino
Preamble
It is a part of the statute written Intent or spirit of law
immediately after its title, which states the It is the law itself.
purpose, reason for the enactment of law. Controlling factor, leading star and guiding
Is the key of the statute, to open the minds light in the application and interpretation of
of the lawmakers as to the purpose is a statute.
achieved, the mischief to be remedied, and
the object to be accomplished, by the Policy of law
provisions of the legislature. Should be given effect by the judiciary.
One way to accomplish this mandate is to
Context of whole text give a statute of doubtful meaning, a
To ascertain legislative intent is the statute construction that will promote public policy.
itself taken as a whole and in relation to
one another considering the whole context Consequences of various constructions
of the statute and not from an isolated part Inquired as an additional aid to
of the provision. interpretation.
Every section, provision, or clause of the A construction of a statute should be
statute must be expounded by reference to rejected that will cause injustice and
each other in order to arrive at the effect hardship, result in absurdity, defeat
contemplated by the legislature. legislative intent or spirit, preclude
accomplishment of legislative purpose or
Punctuation marks object, render certain words or phrases a
Semi-colon used to indicate a separation surplusage, nullify the statute or make any
in the relation of the thought, what follows of its provisions nugatory.
must have a relation to the same matter it
precedes it. Presumptions
Comma and semi-colon are used for the Based on logic, experience, and common
same purpose to divide sentences, but the sense, and in the absence of compelling
semi-colon makes the division a little more reasons to the contrary, doubts as to the
pronounce. Both are not used to introduce proper and correct construction of a statute
a new idea. will be resolved in favor of that construction
Punctuation marks are aids of low degree which is in accord with the presumption on
and can never control against the the matter.
intelligible meaning of written words. Constitutionality of a statute
An ambiguity of a statute which may be Completeness
partially or wholly solved by a punctuation Prospective operation
mark may be considered in the construction Right and justice
of a statute.
 Effective, sensible, beneficial and Various amendments it underwent
reasonable
operation as a whole Reports of commissions
Against inconsistency and implied repeal Commissions are usually formed to compile
and collate all laws on a particular subject
Legislative History and to prepare the draft of the proposed
A statute is susceptible of several code.
interpretations or where there is ambiguity
in the language, there is no better means of Prior laws from which statute is based
ascertaining the will and intention of the This is applicable in the interpretation of
legislature than that which is afforded by codes, revised or compiled statutes, for the
the history of the statute. prior law which have been codified,
History of a statute refers to all its compiled or revised will show the legislative
antecedents from its inception until its history that will clarify the intent of the law
enactment into law. or shed light on the meaning and scope of
Its history proper covers the period and the the codified or revised statute.
steps done from the time the bill is
introduced until it is finally passed by the Conditions at time of enactment
legislature. In enacting a statute, the legislature is
It includes: presumed to have taken into account the
Presidents message if the bill is enacted in existing conditions of things at the time of
response thereto - the president shall its enactment.
address the congress at the opening of its
regular session or appear before it at any Contemporary Construction
other time. Are the constructions placed upon statutes
The explanatory note accompanying the bill at the time of, or after their enactment by
Committee reports of legislative the executive, legislative or judicial
investigations - a short exposition of authorities, as well as by those who involve
explanation accompanying a proposed in the process of legislation are
legislation by its author or proponent. knowledgeable of the intent and purpose of
Public hearings on the subject of the bill the law.
Sponsorship speech
Debates and deliberations concerning the Executive construction, generally; kinds of
bill - There is doubt to what a provision of a Is the construction placed upon the statute
statute means, that meaning which was put by an executive or administrative officer.
to the provision during the legislative
deliberation or discussion on the bill may be Three types of interpretation
adopted. Construction by an executive or
Amendments and changes in phraseology in administrative officer directly called to
which it undergoes before final approval implement the law.
thereof - A statute has undergone several Construction by the secretary of justice in
amendments, each amendment using his capacity as the chief legal adviser of the
different phraseology, the deliberate government.
selection of language differing from that of Handed down in an adversary proceeding in
the earlier act on the subject indicates that the form of a ruling by an executive officer
a change in meaning of the law was exercising quasi-judicial power.
intended and courts should so construe that
statute as to reflect such change in Optimus interpres rerum usus the best
meaning. interpretation of the law is usage.
If the statute is based from a revision, a
prior statute, the latters practical
application and judicial construction
Legislative interpretation CHAPTER 4
Take form of an implied acquiescence to, or
approval of, an executive or judicial Literal meaning or plain-meaning rule
construction of a statute. If statute is clear, plain and free from
ambiguity, it must be given its literal
Legislative approval meaning and applied without attempted
Legislative is presumed to have full interpretation.
knowledge of a contemporaneous or Where the law is clear, appeals to justice
practical construction of a statute by an and equity as justification to construe it
administrative or executive officer charged differently are unavailing Philippines is
with its enforcement. governed by CIVIL LAW or POSITIVE LAW,
not common law.
Reenactment Equity is available only in the absence of
Most common act of approval. law and not its replacement.
The re-enactment of a statute, previously
given a contemporaneous construction is Index animi sermo speech is the index of
persuasive indication of the adoption by the Intention
legislature of the prior construction. Verba legis non est recedendum from the
words of a statute there should be no
Stare decisis departure
Judicial interpretation of a statute and is of
greater weight than that of an executive or Judicial legislation
administrative officer in the construction of An encroachment upon legislative
other statutes of similar import. prerogative to define the wisdom of the
It is an invaluable aid in the construction or law.
interpretation of statutes of doubtful
meaning. Dura lex sed lex the law may be harsh but it is still
In order that it will come within the the law
doctrine of stare decisis, must be Absoluta sentential expositore non indigent when
categorically stated on an issue expressly the language of the law is clear, no explanation of it
raised by the parties; it must be a direct is required
ruling, not merely an obiter dictum. Hoc quidem perquam durum est, sed ital ex scripta
The principle presupposes that the facts of est it is exceedingly hard but so the law is written
the precedent and the case to which it is Aequitas nunquam contravenit legis equity never
applied are substantially the same. acts in contravention of the law
Where the facts are dissimilar, then the
principle of stare decisis does not apply. Statute must be capable of interpretation,
The rule of stare decisis is not absolute. It otherwise inoperative
does not apply when there is a conflict If no judicial certainty can be had as to its
between the precedent and the law. meaning, the court is not at liberty to
supply nor to make one.
Stare decisis et non quieta movere one should It is possible that a statute may be extended
follow past precedents and should not disturb what to cases not within the literal meaning of its
has been settled. terms, so long as they come within its spirit
Obiter dictum opinion expressed by a court upon or intent.
some question of law which is not necessary to the
decision of the case before it; not binding as a Ratio legis interpretation according to the spirit or
precedent. reason of the law.
Verba intentioni, non e contra, debent inservire
words ought to be more subservient to the intent
and not the intent to the words
Construction to accomplish purpose presumed that the law-making body
PURPOSE or REASON which induced the intended right and justice to prevail
enactment of the statute key to open the Art. 9 CC: The fact that a statute is silent,
brain of the legislature/legislative intent! obscure, or insufficient with respect to a
question before the court will not justify the
Cessante ratione legis, cessat et ipsa lex when the latter from declining to render judgment
reason of the law ceases, the law itself ceases thereon
Ratio legis est anima reason of the law is its soul
Surplusage and superfluity disregarded
Supplying legislative omission Where a word, phrase or clause in a statute
One may supply legislative omission to is devoid of meaning in relation to the
make the statute conform to obvious intent context or intent of the statute, or where it
of the legislature or to prevent the act from suggests a meaning that nullifies the statute
being absurd. or renders it without sense, the word,
phrase or clause may be rejected as
Correcting clerical errors surplusage and entirely ignored
As long as the meaning intended is
apparent on the face of the whole Surplusagium non noceat surplusage does not
enactment and no specific provision is vitiate a statute
abrogated. Utile per inutile non vitiatur nor is the useful
Only those which are clearly clerical errors vitiated by the non-useful
or obvious mistakes, omissions, and Falsa demonstration non nocet, cum de corpore
misprints; otherwise, is to rewrite the law constat false description does not preclude
and invade the domain of the legislature, it construction nor vitiate the meaning of the statute
is judicial legislation in the guise of which is otherwise clear.
interpretation. Ibi quid generaliter conceditur every rule is not
without an exception
Interpretation talis in ambiguis simper fienda est ut Inest haec exception, si non aliquid sit contras jus
evitetur inconveniens et absurdum where there is basque where anything is granted generally, this
ambiguity, such interpretation as will avoid exception is implied
inconvenience and absurdity is to be adopted
Summum jus, summa injuria
Courts test the law by its results Compelling reasons may justify reading an
If law appears to be arbitrary, courts are not exception to a rule even where the latter
bound to apply it in slavish disobedience to does not provide any; otherwise the rigor of
its language. the law would become the highest injustice.

Construction to avoid injustice Nemo tenetur ad impossible the law obliges no one
Presumption legislature did not intend to to perform an impossibility
work a hardship or an oppressive result, a Impossibilium nulla obligation est no obligation to
possible abuse of authority or act of do an impossible thing
oppression, arming one person with a
weapon to impose hardship on the other. Number and gender of words
Art. 996 CC (law on succession) such
Ea est accipienda interpretation quae vitio caret article also applies to a situation where
that interpretation is to be adopted which is free there is only one child because children
from evil or injustice. includes child
Election Code candidate comprehends
Construction in favor of right and justice some candidates or all candidates
Art. 10 CC: In case of doubt in the On gender the masculine, but not the
interpretation or application of laws, it is feminine, includes all genders, unless the
 context in which the word is used in the Grant of power includes incidental power
statute indicates otherwise Where a general power is conferred or duty
enjoined, every particular power necessary
Doctrine of necessary implication for the exercise of one or the performance
So-called gaps in the law develop as the law of the other is also conferred
is enforced
StatCon rule: to fill in the gap is the doctrine Grant of power excludes greater power
of necessary implication The principle that the grant of power
includes all incidental powers necessary to
Ex necessitate legis from the necessity of the law make the exercise thereof effective implies
In eo quod plus sit, simper inest et minus great the exclusion of those which are greater
erincludes the lesser than that conferred

Necessity What is implied should not be against the law

includes such inferences as may be logically Power to appoint includes power to
be drawn from the purpose or object of the suspend or remove.
statute, from what the legislature must be Power to appoint a public officer by the
presumed to have intended, and from the President, includes power to remove
necessity of making the statute effective Power to investigate officials DOES NOT
and operative INCLUDE the power to delegate the
excludes what is merely plausible, authority to take testimony of witnesses
beneficial, or desirable whose appearance may be required by the
must be consistent with the Constitution or compulsory process of subpoena. Nor does
to existing laws such power to investigate include the
power to delegate the authority to
Remedy implied from a right administer oath.
Right -> Obligation -> Remedy
The fact that the statute is silent as to the Authority to charge against public funds may not be
remedy does not preclude him from implied
vindicating his right, for such remedy is It is well-settled that unless a statute
implied from such right expressly so authorizes, no claim against
Where there is wrong, (deprivation or public funds may be allowed
violation of a right) there is a remedy
If theres no right, principle does not apply Illegality of act implied from prohibition
Prohibited act cannot serve as foundation
Ubi jus, ibi remedium - where there is a right, there is of a cause of action for relief
a remedy for violation thereof. Public policy requires that parties to an act
prohibited by statute be left where they
Grant of jurisdiction are, to make the statute effective and to
Conferred only by the Constitution or by accomplish its object
statute.
Cannot be conferred by the Rules of Court. In pari delicto potior est conditio defendentis - where
Cannot be implied from the language of a a statute prohibits the doing of an act, the act done
statute, in the absence of clear legislative in violation thereof is by implication null and void
intent to that effect. Ex dolo malo non oritur actio no man can be
allowed to found a claim upon his own wrongdoing
What may be implied from grant of jurisdiction or inequity
The grant of jurisdiction to try actions Nullus coomodum capere potest de injuria sua
carries with it all necessary and incidental propria no man should be allowed to take
powers to employ all writs, processes and advantage of his own wrong
other means essential to make its
jurisdiction effective Two (2) Exceptions to the rule
 Pari delicto doctrine will not apply when its Especially to transactions that took place
enforcement or application will violate an prior to enactment of act.
avowed fundamental policy or public Statutory definition controlling statutory
interest words does not apply when:
Another exception is that when the 1. Application creates incongruities
transaction is not illegal per se but merely 2. Destroy its major purposes
prohibited and the prohibition by law is 3. becomes illogical as result of change in its
designed for protection of one party, the factual basis.
court may grant relief in favor of the latter
Words construed in their ordinary sense
Quando aliquid prohibetur ex directo, prohibetur et General rule: In the absence of legislative
per obliquum what cannot, by law, be done directly intent, words and phrases should be given
cannot be done indirectly their plain, ordinary, and common usage
meaning.
There should be no penalty from compliance with Should be read and considered in their
law natural, ordinary, commonly accepted, and
A person who complies with what a statute requires most obvious signification, according to
cannot, by implication, be penalized thereby. good and approved usage and without
resulting to forced or subtle construction.
CHAPTER 5
General words construed generally
IN GENERAL:
A word or phrase used in a statute may Generalia verba sunt generaliter intelligenda - what
have an ordinary, generic, restricted, is generally spoken shall be generally understood;
technical, legal, commercial or trading general words shall be understood in a general
meaning sense.
Task: Generale dictum generaliter est interpretandum a
1. Ascertain intent from statute general statement is understood in a general sense.
2. Ascertain intent from extraneous &
relevant circumstance In case word in statute has both restricted
3. Construe word or phrase to effectuate and general meaning, GENERAL must
such intent prevail; unless nature of the subject matter
General rule in interpreting the meaning & context in which it is employed clearly
and scope of a term used in the law: indicates that the limited sense is intended.
Review of the WHOLE law involved as well General words should not be given a
as the INTENDMENT of law (not of an restricted meaning when no restriction is
isolated part or a particular provision alone) indicated.
Rationale: if the legislature intended to limit
Statutory Definition the meaning of a word, it would have been
When statute defines words & phrase - easy for it to have done so.
legislative definition controls the meaning
of statutory word, irrespective of any other Generic term includes things that arise thereafter
meaning word have in ordinary usual sense.
Where a statute defines a word or phrase, Progressive interpretation - A word of
the word or phrase, should not by general signification employed in a statute,
construction, be given a different meaning. in absence of legislative intent, to
comprehend not only peculiar conditions
Qualification of Rule obtaining at its time of enactment but those
Statutory definition of word or term that may normally arise after its approval as
controlling only as used in the Act; well.
not conclusive as to the meaning of same
word or term in other statutes
 Rationale: to keep statute from becoming Statutory Definition
ephemeral (short-lived) and transitory (not Statutory Definition
permanent or lasting) Statutory Definition
General rule in StatCon: Legislative Statutory Definition
enactments in general comprehensive Statutory Definition
operation, apply to persons, subjects and
businesses within their general purview and
scope coming into existence subsequent to
their passage.

Words with commercial or trade meaning

Words or phrases common among
merchants and traders, acquire commercial
meanings.
When any of words used in statute, should
be given such trade or commercial meaning
as has been generally understood among
merchants.
Used in the following: tariff laws, laws of
commerce, laws for the government of the
importer.
The law to be applicable to his class should
be construed as universally understood by
importer or trader.

Words with technical or legal meaning

General rule: words that have, or have been used
in, a technical sense or those that have been
judicially construed to have a certain meaning
should be interpreted according to the sense in
which they have been PREVIOUSLY used, although
the sense may vary from the strict or literal
meaning of the words
Presumption: language used in a statute, which
has a
technical or well-known meaning, is used in that
sense
by the legislature

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