Statutory Construction
TYPE
Executive Orders
PURPOSE
Implement
constitutional/statutory
provisions.
Direct specific government
operations.
Declare status or condition of
public interest.
Administrative detail for
specific offices.
Internal administration
guidance.
Military commands as
Commander-in-Chief.
Enacted by LGUs; subject to
review and approval by
higher local bodies.
I. General Principles
a. Meaning of Statute
A statute is a formal written enactment of legislative
authority that governs a country, state, city, or
municipality. It is:
Administrative
Orders
Proclamations
b. Enactment of Statutes
Memorandum
Orders
Memorandum
Circulars
General/Special
Orders
Local
Ordinances
STAGE
Proposal
e. Legal Effect and Operation of Statutes
•
•
An act of the legislature expressed in the
form required to constitute it as law.
Distinguished from other legal sources like
judicial decisions or administrative rules.
First Reading
Committee
Action
Second
Reading
Third Reading
Bicameral
Approval
Presidential
Action
Enrolled Bill
Doctrine
DESCRIPTION
A bill is introduced by a member
of Congress.
Title and number read; referred to
appropriate committee.
Study, hearings, and
recommendation.
Full reading with amendments;
debates and voting.
Final vote; no further
amendments.
If both Houses approve, it goes to
the President.
Sign into law, veto, or lapse into
law after 30 days without action.
Once signed, the enrolled bill is
conclusive of its contents and
enactment.
ASPECT
Presumption of
Validity
Effectivity
Territorial Scope
Personal Scope
Duration
EXPLANATION
Statutes are presumed
constitutional.
Laws take effect 15 days after
publication unless otherwise
provided.
Applies within the jurisdiction of
the enacting body.
Applies to persons or entities
within the law’s purview.
Permanent unless repealed;
temporary if specified.
II. Construction and Interpretation
a. General Rule and Purpose of Construction
c. Parts of a Statute
A. General Rule and Purpose of Construction
PART
Title
Preamble
Enacting
Clause
Body
Repealing
Clause
Separability
Clause
Effectivity
Clause
FUNCTION
Indicates subject; must reflect
single subject matter.
States purpose or rationale.
1.
Statutory construction is the “art or process of
discovering and expounding the meaning
and intention of the authors of the law with
respect to its application to a given case,
where that intention is rendered doubtful by
reason of ambiguity, gap, or unforeseen
circumstance”.
Declares authority to legislate.
Contains substantive provisions.
Revokes prior inconsistent laws.
Ensures unaffected provisions
remain valid.
Specifies when the law takes
effect.
d. Presidential Issuances, Rules, and Ordinances
Definition of Statutory Construction
2.
General Rule of Construction
a. Verba Legis (Literal Rule)
•
Words of a statute are to be
given
their
ordinary,
grammatical meaning when
such meaning is clear and
leads to no absurd or unjust
result.
•
Applies to technical terms
only when the statute defines
or context plainly indicates a
specialized meaning.
b. Ratio Legis (Mischief Rule)
•
c.
Ut Magis Valeat Quam Pereat
(Purposive or Harmonious Construction)
•
•
3.
When literal reading yields
absurdity or fails to promote
legislative purpose, courts
look to the “mischief” the
statute was intended to
remedy and interpret in
furtherance of that object.
Cardinal Aids to Construction
Preamble &
Title
Definitions
Intrinsic
(Within the
Statute)
Show
purpose
and scope
Clarify
technical
terms
Extrinsic (Outside the
Statute)
Legislative
history,
committee reports
Executive
interpretations,
administrative
practice
Scholarly
commentary,
foreign
analogies
law
b. Power to Construe is Judicial
•
d. To Prevent Absurd or Injust Outcomes
• Guards against readings that would
produce injustice, anomalies, or
defeat
the
statute’s
remedial
purpose.
Prior
and
contemporaneous
judicial decisions
By applying these principles, courts ensure that
statutes are enforced in a manner faithful to both the
letter and the spirit of the law, thereby upholding the
rule of law and the will of the legislature.
In case of conflict between
provisions, the one that best
carries out the legislative
intent prevails.
c. To
Secure
Uniformity
and
Predictability.
• Harmonizes interpretations across
different cases, ensuring that similarly
situated parties are treated alike.
Grammar,
headings,
marginal
notes
Penal
provisions
strictly
construed
(Riano, pp. 15–18)
•
Purpose of Construction
a. To Ascertain Legislative Intent
• Enables courts to determine and
implement the real purpose and
policy behind a statute, not merely its
literal text.
Aid
Severity
Principle
The statute is to be read as a
whole; every word, phrase,
and provision must be given
effect if possible.
b. To Fill Gaps and Resolve Ambiguities
• Guides application of the law to
cases not explicitly foreseen by the
legislature, preventing voids in the
legal system.
4.
Context
&
Punctuation
•
The judiciary has the exclusive power to
construe statutes.
Legislative and executive interpretations are
not binding.
Courts may issue guidelines and clarify
ambiguities.
c. Limitations on Power to Construe
LIMITATION
No Enlargement or
Restriction
No Judgment on
Wisdom or Policy
Clear Language
Rule (Verba Legis)
Ambiguity Required
for Construction
EXPLANATION
Courts cannot add to or
subtract from the statute.
Courts do not assess the
wisdom or justice of
legislation.
If the law is clear, courts
must apply it as written.
Courts only construe when
ambiguity exists.
Key Jurisprudence
CASE
People vs.
Concepcion
Tañada vs.
Cuenco
Manila Jockey
Club Inc. vs. GAB
Endencia vs.
David
Chinese Flour
Importers’ Assn.
vs. PSB
Perfecto vs. Meer
Del Mar vs.
PAGCOR
DOCTRINE / RELEVANCE
Legislative journals are
conclusive when required by
the Constitution.
Separation of powers; judicial
review of legislative acts.
Administrative rules must
conform to statutory
authority.
Enrolled bill doctrine; courts
cannot go behind
authenticated bills.
Administrative regulations
must be reasonable and
within delegated authority.
Administrative interpretation
is advisory, not binding.
Legislative intent governs
interpretation of special laws.
Lapid vs. CA
Manikan vs.
Tanodbayan
De los Santos vs.
Mallare
Inchong vs.
Hernandez
Specific statutes prevail over
general ones in case of
conflict.
Judicial review of
administrative actions.
Ordinances must conform to
statutory and constitutional
standards.
Title of statute must reflect
subject; one-title-one-subject
rule.