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PILARES NOTES of Iggy

The document discusses statutory construction, including defining judicial power and construction. It outlines the Supreme Court's definition of construction and the characteristics of construction, including that it involves determining legislative intent when the intent cannot be readily ascertained from the words used in the law. The purpose of statutory construction is to ascertain legislative intent when it is not clear from the plain language of the law.

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Jose Ignatius D. Perez
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131 views4 pages

PILARES NOTES of Iggy

The document discusses statutory construction, including defining judicial power and construction. It outlines the Supreme Court's definition of construction and the characteristics of construction, including that it involves determining legislative intent when the intent cannot be readily ascertained from the words used in the law. The purpose of statutory construction is to ascertain legislative intent when it is not clear from the plain language of the law.

Uploaded by

Jose Ignatius D. Perez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Statutory Construction

Note: Art. 8 Sec. 1 of the 1987 Constitution vests JUDICIAL POWER to the SUPREME
COURT and OTHER COURTS established by LAW.

JUDICIAL POWER: Includes the duty of the courts to settle actual controversies
including rights which are LEGALLY DEMANDABLE and ENFORCEABLE, and to
determine whether or not there has been GRAVE ABUSE OF DISCRETION amounting
to LACK or EXCESS of JURISDICTION on ANY PART of any branch or instrumentality
of the government.

DEFINITION of JUDICIAL POWER:

- The right to DETERMINE actual CONTROVERSIES between two (2) adverse


litigants duly instituted in courts of proper jurisdiction.

Note: In exercise of the court of JUDICIAL POWER in resolving actual controversies,


often times REQUIRES the CONSTRUCTION of STATUTES as applied in the case
before them.

SUPREME COURT’S DEFINITION OF CONSTRUCTION (CALTEX INC. VS


PALOMAR)

- The ART of DISCOVERING or EXPOUNDING the MEANING and INTENTION of


the authors of the law with respect to the application to a given case, where that
intention is rendered doubtful.
- AMONGST OTHERS, by reason of the fact that THE GIVEN CASE IS NOT
EXPLICITLY PROVIDED FOR IN THE LAW.
- CONSTRUCTION is also defined as THE RESULT OF CONSTRUING,
INTERPRETING, OR EXPLAINING THE MEANING OR EFFECT OF A
STATUTE OR CONTRACT.

CHARACTERISTICS OF CONSTRUCTION

1. Art of Process
- The canons of construction should be considered as auxiliary rules of
construction which is NEITHER UNIVERSAL nor CONCLUSIVE in application. It
should be only applied to DISCOVER the INTENTION of the LEGISLATURE
which is not otherwise manifest and SHOULD NOT DEFEAT the purpose of the
LEGISLATURE.
- RULE: Construction is NOT required when the RULE is CLEAR.
- If AMBUIGITY is established, it will be up to the JUDGE to determine what
CANON OF CONSTRUCTION he will use to DETERMINE LEGISLATIVE
INTENT.
- NOTE: The consistent objective and purpose of CONSTRUCTION is the
DETERMINATION OF LEGISLATIVE INTENT.
2. It Involves Determination of Legislative Intent
- PRIMARY OBJECTIVE OF CONSTRUCTION: To ascertain the INTENTION and
give effect to LEGISLATIVE INTENT.
- The DETERMINATION of LEGISLATIVE INTENT is the primary consideration.

NOTE: INTENT OF THE STATUTE IS THE LAW. If a statute is VALID, it is to have


effect according to the PURPOSE and INTENT of the lawmaker.

NOTE: PRIMARY RULE OF CONSTRUCTION: ASCERTAIN intent and then give effect
to that intent. The INTENTION of the legislature in enacting the law is the law itself.

NOTE: Courts will not follow the letters of the law if it leads away from the intent and
purpose of the legislature.

NOTE: INTENT is the spirit that gives life to a LEGISLATIVE ENACTMENT.

3. It (CONSTRUCTION) is necessary when the legislative intent cannot be


readily ascertained from the words used in the law as applied under a set of
facts.
- Plain Meaning Rule/Verba Legis expressed in the maxim= (Index Animi Sermo-
Speech is the INDEX of INTENTION.)
- It is clear that a court can only construe a law only if it is shown that literal
application of the law is either IMPOSSIBLE or INADEQUATE.
- CONSTRUCTION is necessary only when the law is ambiguous.
- Thus the rule that: only statutes with ambiguous and doubtful meaning may be
subject of STATUTORY CONSTRUCTION.
- AMBIGUOUS when? – it is capable of being understood by a person in two or
more senses; when men of common intelligence must guess at their meanings.
- If a literal interpretation of the law will lead into unjust or absurd results, such
LITERAL INTERPRETATION shall be REJECTED.

TESTS DETERMINING WHETHER A STATUTE IS AMBIGUOUS WHICH CALLS


FOR CONSTRUCTION:

a. Test of multiple interpretations- When men of common intelligence would have


to guess at its meaning and differ in its application and when statute is capable of
TWO or MORE INTERPRETATIONS.
b. Test of Impossibility- When literal application is impossible or inadequate.
c. Test of Absurdity or Unreasonableness- When literal interpretation leads to an
unjust, absurd, unreasonable or mischievous result.
4. It is a Judicial Function
- Under the Philippine system of government, the power to construe laws is vested
in the JUDICIAL DEPARTMENT just as the power to LEGISLATE to the
LEGISLATURE.
- If there is conflict between a LAW and the PERTINENT PORTION of the
CONSTITUTION, the law will have to give way and shall be declared
UNCONSTITUTIONAL.
- DEFINING and INTERPRETING the LAW is a JUDICIL FUNCTION and the
legislative branch may NOT LIMIT or RESTRICT the power granted to the courts
by the constitution.]
- CONSTITUTION is the fundamental law. Duty of the courts to maintain it is
imperative and unceasing.
- Whenever a statute is in violation of a fundamental law, the court shall adjudge
and thereby give effect to the constitution. Any other course would lead to the
destruction of the constitution.
- LEGISLATURE power to pass and enact laws but NOT INTERPRET them.
- Note: The principle of STATUTORY CONSTRUCTION being a JUDICIAL
FUNCTION does not PRECLUDE the congress from enacting CURATIVE
LEGISLATIONS.

PURPOSE:

The Purpose of STATUTORY CONSTRUCTION is to ASCERTAIN the legislative intent


when the same cannot be readily ascertained from the plain language of law.

THEORIES OF INTERPRETATION

TEXTUALIST THEORY/ORIGINALISM

- The WORDS used in the statutes takes precedence over any other modes of
construction.
- The ordinary or the plain meaning of construction should control its interpretation.
- MAIN OBJECTIVE: Find the PUBLIC MEANING of the statute or its meaning as
the ordinary people understands it.
- EXTRINSIC sources of construction are avoided unless INTRINSIC sources of
construction are INSUFFICIENT.
- MODERATE TEXTUALIST is an EXTRINSIC source to confirm and verify the
plain meaning of interpretation.
- The STRENGTH of the PLAIN MEANING RULE lies in its SIMPLICITY.
- ITS strength however, also gives rise to its WEAKNESS, that is WORDS DO
NOT mean the same to everyone.
- FALSE BELIEF: Language has an INTRINSIC meaning; LANGUAGE evolves
and meaning of words evolves.

INTENTIONALISM/ORIGINALISM

- Focuses on LEGISLATIVE INTENT.


- Belief: POLICIES elected, representative body choose should govern society.
- Unlike textualism, INTENTIONALISM does not require the establishment of
ambiguity before it can resort to extrinsic sources of construction because the
original intent of the framers of the law should have primacy in the determination
of its meaning.
- STRENGTH: It’s consistency with the OBJECTIVE of construction, as it requires
the court to inquire into the original intent of the legislature who wrote the law.
- WEAKNESS: LEGISLATURE consists of many individuals coming from different
backgrounds and with different motivations.

PURPOSIVISM OR LEGAL PROCESS THEORY

- Focuses on determining the problem that the legislature is seeking to address.


- Interpretation is made with view to the public policy that the statute seeks to
advance.

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