Strict or Liberal Construction

CHAPTER 7
GENERALLY,
Whether a statute is to be given a strict or liberal construction will depend upon:
-The nature of the statute
-The purpose to be subserved
-The mischief to be remedied
PURPOSE OF DETERMINING WHETHER TO USE STRICT OR LIBERAL CONSTRUCTION
To give the statute the interpretation that will best accomplish the end desired and
effectuate legislative intent.
STRICT CONSTRUCTION
Construction according to the letter of the statute
-Takes the language used in its exact meaning, and admits no equitable consideration
-A close and conservative adherence to the literal or textual interpretation
CAVEAT:
It does not mean giving a statute its narrowest meaning nor shall be so restricted as
to not have its full meaning
The scope of statute shall not be extended nor enlarged by implication,
intendment, or equitable consideration beyond the literal meaning of its terms.
LIBERAL CONSTRUCTION
Equitable construction as will enlarge the letter of a statute to accomplish its
intended purpose, carry out its intent, or promote justice.

CAVEAT:
Not to mean enlargement of a provision which is clear, unambiguous and free from
doubt

 Construction which expands the meaning of a statute to meet cases which are
clearly within the spirit or reason thereof or within the evil which the statute
intended to remedy, or within the statute’s most comprehensive, generally
accepted meaning, without being inconsistent with its language or doing
violence to any of its terms.
LIBERAL CONSTRUCTION APPLIED
-when the statute is ambiguous and adopting the literal meaning would defeat the
purpose of the statute
-Ut res magis valeat quam pereat - apply liberal interpretation so as to save statute
from obliteration

Liberal Construction vs Judicial Legislation

-Liberal Construction - legitimate exercise of judicial power
-Judicial Legislation - act of court in engrafting upon a law something which it
believes ought to have been embraced therein.
-forbidden by principle of Separation of Powers
CAVEAT:
A statute may not be liberally construed to read into it something which its clear and
plain language rejects
CONSTRUCTION TO PROMOTE JUSTICE
 Addressed to the three branches of government:
 Legislative
 Executive and
 Judicial

 Social justice in Constitution is vital, articulate, compelling principle of public

policy
 Intended to change the spirit of laws, present and future.
CONSTRUCTION CONSIDERING GENERAL WELFARE OR GROWTH OF CIVILIZATION
Salus populi est suprema lex - the health of the people should be the supreme law
What is the best interest of the Filipino people?
2 articulate organs for lawmaking purposes:
 Legislature - makes new law
 Tribunal - attests and confirms old law
B. STATUTES STRICTLY CONSTRUED
PENAL STATUTES
 Laws by which punishments are imposed for violation of provisions
 Define crimes, treat their nature and provide punishment
 Offense against State

 Acts of legislature
 Prohibit certain acts
 Establishes penalties for its violations
PENAL STATUTES STRICTLY CONSTRUED
“Strictly construed against the State and liberally in favor of accused” -- cannot be
enlarged or extended by any equitable consideration
“Courts must not bring cases within the provision of the law which are not clearly
embraced by it.”
Where there is reasonable doubt - must be resolved in favor of accused

Generally, penal laws must be construed strictly

Power of punishment - Legislative not Judicial department
Language of the law
-Plain- be construed as it reads
-Ambiguous- in favor of the accused
Only held criminal - if there is clear and unequivocal expression of the legislative
intent to make them such

Reason why penal Statutes are STRICLY CONSTRUED

 THE LAW IS TENDER IN FAVOR OF THE RIGHTS OF AN INDIVIDUAL
 The object is to establish a certain rule by conformity to which mankind would
be safe, and the discretion of the court limited.
THE PURPOSE OF STRICT CONSTRUCTION IS NOT TO ENABLE A GUILTY
PERSON TO ESCAPE PUNISHMENT THROUGH A TECHNICALITY
 But to provide a precise definition of forbidden acts.
ACTS MALA IN SE AND MALA PROHIBITA

GR: penal statute will not be construed to make the commission of certain acts
criminal without regard to the intent of the doer.

EXPTN: there is a clear legislative intent to the contrary.

IN OTHER WORDS
TO CONSTITUTE A CRIME:

“Evil intent must combine with an ACT”

EXAMPLE: (Legal Maxims)
ACTUS NON FACIT REUM NISI MENS SIT REA
-“ The acts itself does not make a man guilty unless his intention were so.”
ACTUS ME INVITO FACTUS NON EST MEUS ACTUS
-“An act done by me against my will is not my act.”
-Whether a statute is to be construed depends upon the intent of the legislature
taking into consideration:
- the nature of the offense
-purpose to be accomplished
-other factors as will throw light upon the meaning of the language
· However, if special penal laws use such words as “willfully, voluntarily, and
knowingly” intent must be proved; thus good faith or bad faith is essential before
conviction.

Application of rule
“Noperson should be brought within the terms of a statute which is not clearly within
them, now should an act be considered criminal which is not clearly made so by the
statute.”

Peo v. Yadao
A statute which penalizes a “person assisting a claimant” in connection with the
latter’s claim for veterans benefit, does not penalize “one who OFFERS assist”

Application of rule
Suy v. People
Where a statute penalizes a store owner who sells commodities beyond the
retail ceiling price fixed by law, the ambiguity in the EO classifying the same
commodity into 2 classes and fixing different ceiling prices for each class, should be
resolved in favor of the accused.
Application of Rules
Peo v. Manantan
- The rule that penal statutes are given a strict construction is not the only factor
controlling the interpretation of such laws
- Instead, the rule merely serves as an additional single factor to be considered as an
aid in detemining the meaning of penal laws

LIMITATION OF RULE
Limitation #1 – Where a penal statute is capable of 2 interpretations,

 one which will operate to exempt an accused from liability for violation
thereof and

 another which will give effect to the manifest intent of the statute and
promote its object, the latter interpretation should be adopted

LIMITATION OF RULE #1 EXAMPLE

US v. Go Chico
· A law punishes the display of flags “used during” the insurrection against the US may
not be so construed as to exempt from criminal liability a person who displays a
replica of said flag because said replica is not the one “used” during the rebellion, for
to so construe it is to nullify the statute together.
· Go Chico is liable though flags displayed were just replica of the flags “used during”
insurrection against US

· Limitation #2 – strict construction of penal laws applies only where the law is
ambiguous and there is doubt as to its meaning

Limitation of rule #2 example

Peo v. Gatchalian
· A statute requires that an employer shall pay a minimum wage of not less than a
specified amount and punishes any person who willfully violates any of its provisions
· The fact that the nonpayment of the minimum wage is not specifically declared
unlawful, does not mean that an employer who pays his employees less than the
prescribed minimum wage is not criminally liable, for the nonpayment of minimum
wage is the very act sought to be enjoined by the law

Statutes in derogation of rights. 7.13

 generally strictly construed and rigidly confined to cases clearly within their
scope or purpose
ratio: to allow full enjoyment of such fundamental rights (Provincial Association of
Laguna,Nacionalista Party v.COMELEC)
examples:
  right to association ( Provincial Association of Laguna,Nacionalista Party v
COMELEC)
 statute fixing the ceiling price of commodities ( Herverias v Javellana)

Statutes authorizing expropriations. 7.14

 strictly construed against the expropriating authority and liberally construed in
favor of property owners
ratio:
- The exercise of eminent domain,whether by the State or by its authorized
agents is nevessarily in derogation of rights,thus the authority must be strictly
construed.
- The right to freehold of inhabitants is guarded by the Constitution and
the laws.
Statutes granting privileges. 7.15
Pagdanganan v. Court of Agrarian Reform
→ Strict construction requires that those who invoke a special privilege granted by a
statute must comply strictly with its provisions.
→ He who fails to strcitly comply with the will of the grantor loses such privileges.
(Butuan Sawmill v. Bayview Theater,Inc.)
Legislative grants to government units 7.16
 strictly construed against the grantee
ratio: There is in such a grant a gratuitous donation of public money or
property which results in an unfair advantage to the grantee,thus the grant
should be narrowly restricted in favor of the public.
Statutory grounds for removal of officials 7.17
 Removals is to be confines within the limits prescribed for it; the causes,
manner and conditions fixed must be pursued with strictness

 A public official may be removed for “neglect of duty, oppression, corruption or

other forms or maladministration in office”, the phrase “in office” should be
construed to qualify the enumerated grounds, in that the grounds must be such
as affect the officer’s performance of his duties as an officer and not such as
affect only his character as a private person
Naturalization Laws 7.18
 The right of an alien to become a citizen by naturalization is a statutory rather
than a natural on and it does not become vested until he files a petition and
establishes by competent and satisfactory evidence that he has all the
qualifications and none of the disqualifications specified by law
Statutes imposing taxes and customs duties 7.19
 Tax statutes must be construed strictly against the government and liberally in
favor of the taxpayer
  Whether a statute subjects a matter, property or person to tax, the statute is
to be construed strictly against the subjection to tax liability and it will not be
construed as imposing a tax unless it does so clearly, expressly and
unambiguously.
 In case of doubt, tax statutes are to be construed most strongly against the
government and in favor of the subject citizens
Statutes granting tax exemptions 7.20
 Laws granting tax exemptions are thus construed according to the strictest
interpretation of the law against the taxpayer and liberally in favor of the
taxing authority
 The basis for the rule of strict construction is to minimize the different
treatment and foster impartiality, fairness and equality of treatment among
taxpayers
 Commissioner of Internal Revenue vs. CA
 Under the rules of statutory construction, exceptions, as a
general rule, should be strictly but reasonably but reasonably
construed. They extend only so far as their language fairly
warrants, and all doubts should be resolved in favor of the
general provisions rather than the exception.
Qualification of Rule
7.21
•Strict construction does not apply in the case of tax exemptions in favor of the
government itself or its agencies
•Provisions granting exemptions to government agencies may be construed liberally in
favor of non-tax liability of such agencies
•The express exemption should not be construed with same degree of strictness that
applies exemptions contrary to policy of the state, since as such property exemption is
the rule and the taxation is the exemption
E.g. tax exemption in favor of NAPOCOR – whether direct or indirect taxes,
exempted

Statutes concerning the sovereign 7.22

•Restrictive statutes which impose burdens on the public treasury or which diminish
rights and interests are strictly construed
•Unless so specified, the government does not fall within the terms of any legislation
•
Alliance of Government Workers v Minister of Labor and Employment
PD 851 – requires “employers” to pay 13th month pay to their employees
“employers” does not embrace the RP, the law not having expressly included it
within its scope

Statutes authorizing suits against the government 7.23.

•Art. XVI, Sec. 3, 1887 Constitution – “The State may not be sued without its consent”
General rule: sovereign is exempt from suit
 Exception: in the form of statute, state may give its consent to be
sued
- Statute is to be construed and waiver from immunity
from suit will be lightly inferred

Nullum tempus occurrit regi

- there can be no legal right as against the authority that makes the law on
which the right depends
Reason for non-suability
- not to subject the state to inconvenience and loss of governmental efficiency

•Mobil Phil. Exploration, Inc. v Customs Arrastre Services

The law authorizing the Bureau of Customs to lease arrastre operations, a
proprietary function necessarily incident to its governmental function, may NOT
be construed to mean that the state has consented to be sued, when it
undertakes to conduct arrastre services itself, for damage to cargo

 State-immunity may not be circumvented by directing the action against the

officer of the state instead of the state itself
The state’s immunity may be validly invoked against the action AS
LONG AS IT CAN BE SHOWN that the suit really affects the
property, rights, or interests of the state and not merely those of
the officer nominally made party defendant

 -Even if the state consents, law should NOT be interpreted to authorize

garnishment of public funds to satisfy a judgement against government
property
 Reason:
•Public policy forbids it
•Disbursement of public funds must be covered by a corresponding
appropriation as required by law
•Functions and service cannot be allowed to be paralyzed or
disrupted by the diversion of public funds from their legitimate and
specific objects, as appropriated by law

Statutes prescribing formalities of the will 7.24.

•Strictly construed, which means, wills must be executed in accordance with the
statutory requirements, otherwise, it is entirely void
•The court is seeking to ascertain and apply the intent of the legislators and not that
of the testator, and the latter’s intention is frequently defeated by the non-observance
of what the statute requires

 New Constitution, Art. X, Sec 5 1987 Constitution – “each local government

unit shall have the power to create its own sources of revenue and to levy
 taxes, fees, and charges subject to such guidelines and limitations as the
Congress may provide, consistent with the basic policy of local autonomy”
 Examples of limitations:
 Under Local Gov’t Code of 1991 - “or the efficient and effective
implementation of their development plans, program, objectives and
priority”
 Fees and charges for services rendered
 Charges for operation of public utilities owned, operated and
maintained by them within their jurisdiction
 Toll fees and charges

 Before 1973 Constitution – Municipal corporations have no inherent power of

taxation unlike the Sovereign State.
 If granted, strictissimi juris (strict construction) applies. In doubt,
construed against the local gov’t unit.
Hence, The municipality’s charter or a law must plainly show the intent to confer
power to tax.
Icard vs. City Council of Baguio

A specific tax law grants no exception to levying taxes on motor vehicles.

 New Constitution, Art. X, Sec 5 1987 Constitution

- strictly construed against the national government and liberally in favor of the
LGUs, and any doubt as to the existence of the taxing power will be resolved in
favor of the local government.

 Beneficial for both government and taxpayer

 To the government – tax officers are obliged to act promptly in the
making of the assessments.
 Life-blood theory – which provides that the existence of the
government is necessary; that government cannot continue
without means to pay its expenses.

 To the taxpayer – would have a feeling of security against unscrupulous

tax agents who will always find an excuse to inspect the books of
taxpayers.
 Justice Marshall- “power of tax is power to destroy; Congress’
power to tax is an enormous and fearsome power”
Republic vs. Ablaza
Laws on prescription – remedial measure – interpreted liberally affording protection
to the taxpayers.

 Liberally construed in favor of government and strictly construed against the

taxpayer
 Ratio: The intention is to hasten tax payments or to punish evasions or neglect
of duty in respect thereto.
Jamora vs. Meer
If delay on payments due to light reasons will be forgiven, then, laws punishing them
would be useless.
Lorenzo vs. Posadas
The court should not construe to avoid possibilities of tax evasions without resulting
in injustice to the taxpayer and is fair to the government.

 Should be reasonably and liberally construed to achieve their purpose.

 Purpose – to effectuate and safeguard the will of the electorate in the choice
of their representatives.
 Democratic will
 Ratio: Application on elections and election itself involves public interest.

Omnibus Election Code

 Ratio: Assist voters in their participation in the affairs of gov’t.

 3 Parts
 Provisions for the conduct of elections which election officials are
required to follow
 Provisions which candidates for office are required to perform.
 Procedural rules which are designed to ascertain, in case of dispute, the
actual winner in the elections

 Different rules and canons of statutory construction govern such provisions of

the election law

 Part 1: Provisions for the conduct of elections which election officials are
required to follow.
  Rules and regulations for the conduct of elections
 Before election – mandatory (part 1)
 Omnibus Election Code, Art. VII, par K(A)
 After election – directory (part 3)

 Part 1: Provisions for the conduct of elections which election officials are
required to follow.
 Generally – the provisions of a statute as to the manner of conducting
the details of an election are NOT mandatory;
 Irregularities in conducting an election and counting the votes - not
preceding from any wrongful intent and which deprives no legal voter of
his votes, will not vitiate an election or justify the rejection of the
entire votes of a precinct
 Against disenfranchisement
 Remedy against election official who did not do his duty – criminal
action against them

 Part 2:
 Provisions which candidates for office are required to perform are
mandatory.
 Provisions on qualification of candidates, requirements on filing
candidacy, election offenses, prescriptive peiod on filing election
contests.

 Non-compliance is fatal
 Luna vs. Rodriguez

 Part 3:
 Procedural rules which are designed to ascertain, in case of dispute, the
actual winner in the elections are liberally construed .
 Technical and procedural barriers should not be allowed to stand if they
constitute an obstacle in the choice of their elective officials.
Sinaca vs. Mula
For where a candidate has received popular mandate, overwhelmingly and clearly
expressed, all possible doubts should be resolved in favor of the candidates eligibility,
for to rule otherwise is to defeat the will of the electorate.

AMNESTY PROCLAMATIONS 7.33

 Amnesty proclamations should be liberally construed as to carry out their
purpose.
  Purpose - to encourange the return to the fold of the law of those who have
veered from the law.
- in case of doubt as to whether certain persons come within the amnesty
proclamation, the doubt should be resolved in their favor & against the state
(People vs. Gojo)
 Amnesty and pardon are synonymous

STATUTES PRESCRIBING PRESCRIPTION OF CRIMES

 Statutes of limitation or prescription
- Liberally construed in favor of the accused.
 Reason - time wears off proof and innocence
 Art. 91 of RPC
“the period of prescription shall commence to run from the day the crime is
discovered by the offended party, the authorities or their agents” (People vs.
Reyes)

STATUTES PRESCRIBING PRESCRIPTION OF CRIMES

People vs. Reyes
 Start of prescription period: from the time the document is registered
with the Registry of Deeds

ADOPTION STATUTES
 Liberally construed in favor of the child to be adopted.
 Paramount consideration:
- hold the interest and welfare of the child
Malkinso vs. Agrava
“Adoption statutes are accordingly given a liberal interpretation so as to
promote the noble and compassionate objectives of the law”

Veteran and Pension Laws 7.36

 enacted to compensate a class of men who suffered in the service for the
hardships they endured and the dangers they encountered in line of duty

 as an expression of gratitude and recognition

Veteran and Pension Laws 7.36

 shall be construed liberally

  Where a veteran pension law is silent as to the effectivity of pension awards,
it shall be construed to take effect from the date it becomes due and not
from the date the application for pension is approved

Veteran and Pension Laws 7.36

Retirement or Pension Laws
 shall be liberally construed
 remedial in character
 in favor of the persons intended to be benefited thereby

 Liberal approach
 humanitarian purposes of the law
 efficiency, security, and well-being of government employees may be
enhanced

Veteran and Pension Laws 7.36

Santiago v. Commission on Audit

“...After devoting the best years of his life to public service, he deserves the
appreciation of a grateful government as best concretely expressed in a
generous retirement gratuity commensurate with the value and length of his
service.”

Veteran and Pension Laws 7.36

Santiago v. Commission on Audit

“...After devoting the best years of his life to public service, he deserves the
appreciation of a grateful government as best concretely expressed in a
generous retirement gratuity commensurate with the value and length of his
service.”

Veteran and Pension Laws 7.36

Ortiz v. Commission on Elections

 SC’s acceptance of his courtesy resignation resulted in the completion of his
term so as to entitle him to all retirement benefits

 Courtesy resignation
 Not resignation in contemplation of law; the act lacked the clear
intention to surrender his position and was a mere submission to the will
of the political authority and appointing power

Veteran and Pension Laws 7.36

 In re Application for Gratuity Benefits of Associate Justice Efren I. Plana
 Where a public officer who has accumulated a number of leave credits which,
if added to his length of service, would qualify him to meet the length-of-
service requirement to retire, failed to serve the required length of service for
reasons beyond his control, he would be entitled to receive retirement benefits
In re Pineda
 Plana Doctrine only allowed only if satisfied that the career of the retiree was
marked by competence, integrity, and dedication to the public service

Veteran and Pension Laws 7.36

In re Martin
 disability retirement benefits
 Republic Act 910

In Cena v. Civil Service Commission

 P.D. No.1146 > CSC Memorandum Circular No. 27
 Completion of 15-year service requirement to avail of the old-age pension
Rules of Court
7.37

 procedural
 liberally construed
 proper and just determination of litigation
 for the Courts to act reasonably and not capriciously, and enjoins
them to apply the rules to promote their object and to assist the
parties in obtaining a just, speedy, and inexpensive determination
of their cases

Rules of Court
7.37

 Literal stricture of the rules have been relaxed in favor of liberal construction
in the following cases:

 Where a rigid application will result in a manifest failure or

miscarriage if justice;
 Where the interest of substantial justice will be served;
  Where the resolution of the emotion is addressed solely to the
sound and judicious discretion of the court;
 Where the injustice to the adverse party is not commensurate
with the degree of his thoughtlessness in not complying with the
prescribed procedure

Rules of Court
7.37

 Litigation - not a game of technicalities

 Rules of procedure should not be strictly enforced at the cost of substantial
justice
 X mean that Rules of Court may be ignored at will and at random
 Procedural rules should not be belittled or dismissed

Other Statutes
7.38

Curative statutes
 To cure defects in a prior law
 To validate legal proceedings which would otherwise be void for want of
conformity with certain legal requirements
 To supply defects, abridge superfluities, and curb certain evils

QUESTION AND ANSWER PORTION

 1. Distinguish liberal construction from Strict construction
 Strict Construction is the construction according to the letter or exact meaning
of the Statute. It is a close and conservative adherence to the literal or textual
interpretation, which does not recognize anything not expressed in the said
statute.

 Liberal Construction which expands the meaning of a statute through fair and
reasonable interpretation to meet cases which are clearly within the spirit of
the statute.
 2. When should liberal construction be applied?
  * when the Statute is ambiguous and adopting and adopting the literal meaning
would defeat the purpose of the statute.
 3. Why are penal statutes strictly construed?
Reason why penal Statutes are STRICLY CONSTRUED
THE LAW IS TENDER IN FAVOR OF THE RIGHTS OF AN INDIVIDUAL
 The object is to establish a certain rule by conformity to which mankind would
be safe, and the discretion of the court limited.
THE PURPOSE OF STRICT CONSTRUCTION IS NOT TO ENABLE A GUILTY
PERSON TO ESCAPE PUNISHMENT THROUGH A TECHNICALITY
 But to provide a precise definition of forbidden acts.
Fill in the Blanks:

4. Penal Statutes are construed strictly against the and liberally in

favor of the .
 * State

 *Accused
Fill in the Blanks:

5.Tax Statutes are construed strictly against the and liberally in

favor of the .
 * Government

 *taxpayer
 Fill in the Blanks
 6. The basis for the rule of strict construction of tax exemptions is to minimize
the different treatment and foster , and fairness and
of treatment among taxpayers
 * Impartiality

 * Equality
 7. Explain how statutes in derogation of rights are construed
 *Statutes in derogation of rights are strictly construed so as to allow full
enjoyment of rights
 8. Why are statutes granting privileges' strictly construed?
 *It may lead to the loss of such special privilege granted by a statute
 9. Sec 11 of RA 7659 which amended Art 335 of RPC provides that death
penalty for rape may be imposed if the “offender is a parent, ascendant, step
parent, guardian, relative by consanguinity or affinity within the 3rd civil
degree or the common law spouse of the parent of the victim.”

Is the common law husband of the girl’s grandmother included?

 No. No person should be brought within its terms if he is not clearly made so by
the Statute.
 TRUE OF FALSE
 10.Social justice should be taken into account in the interpretation and
application of laws.
 *TRUE