Methods of Interpretation

Verba legis (language of the statute) if the language of the statute is plain and free from ambiguity and expresses a single, definite and sensible meaning, that meaning is conclusively presumed to be the meaning that the legislature intended to convey. The law must be taken to mean exactly what it says. Ratio Legis (spirit of the law and the reason for it) - When the interpretation of a statute according to the exact and literal import of its words would lead to absurd or mischievous consequences,or would contravene the manifest purpose of the legislature in its enactment, it should be construed according to its spirit and reason,disregarding or modifying, so far as may be necessary, the strict letter of the law. When the reason of the law ceases, the law itself ceases.

Men Legislatoris (the purpose and object of the enactment by the legislature) - When the language of a particular section of a statute admits of more than one construction, that construction that gives effect to the evident purpose and object sought to be attained by the enactment of the statute as a whole must be followed.

Kinds of Interpretation
Strict - one which adheres to the letter and recognizes only those which are expressed. It takes the language used in its exact and technical meaning and admits to equitable considerations and implications. i. Naturalization Law ii. Eminent domain conferment iii. Statutes Waiving Immunity iv. Tax Laws v. Statutes prescribing the Formalities of Will Liberal antithesis of the strict interpretation. It uses other factors such as object and purpose of the statute, rather than adhering only to the letter of the statute, when seeking its meaning. The words used receive fair and reasonable interpretation so as to attain the object to which it is designed and purpose to which it is applied. i. Corporation Law ii. Remedial Law iii. Revised Rules of Court iv. Status on redemption of Property v. Statutes Granting rights to Laborers Prospective one which makes the provisions of the text applicable only to future cases and transactions . It limits the operation of the statute to facts and causes after its enactment.

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Special Laws, hereafter,thereafter

Retrospective - makes the provisions of the text applicable not only to future cases and transactions but also to cases and transactions which occurred before the passage of the law. It holds to be applicable to and govern to transactions and state of facts completed prior to its enactment. i. Heretofore, theretofore, Penal Laws, Curative Statutes Artificial, forced or strained which the words are arrested from their plain and obvious meaning and made to bear an entirely different meaning for the sake of avoiding and absurd and unjust consequence. Comparative one which seeks the meaning of the law by comparing its several parts with each other and by comparing it as a whole to other law proceeding from the same source and referring to the same general subject.

Note: To know whether strict or liberal construction shall be used, the following shall be considered: 1) 2) 3) 4) The former law on the matter The persons and rights affected The letter and language of the statute The object and purpose of the statute

Particular Rules of Construction

Dura lex sed lex the law is hard but it is the law. When the law is clear, there is no need for interpretation. Hence, whatever hardship it may cause a person, it shall still be observed as it exists for the benefit of the community. Ejusdem Generis When a general term follows an enumeration of particular things or class or persons or subjects, the general term is to be construed to include those persons and things of the same class or of the same nature as those specifically enumerated. Limitations: 1) Superior persons or things are not embraced in the enumeration of inferior ones. 2) The term other persons after an enumeration of a class does not apply to the whole world. 3) The term other properties after an enumeration of personal properties does not apply to real properties. 4) The rule has more stringent application to criminal and penal laws. 5) The rule must give way if the intent of the law is clear.

Reddendo Singula Singulis - Under this principle, where a sentence has several antecedents and consequents, they are to be read distributively.
When a list of words has a modifying phrase at the end, the phrase refers only to the last, e.g., firemen, policemen, and doctors in a hospital. Last antecedent relative and qualifying words, phrases and clauses are to be applied to words or phrases immediately preceding and not applied to others more remote.

Expressio unius est exclusion alterius the mention of one thing implies the exlusion of the other.
Items not on the list are impliedly assumed not to be covered by the statute or a contract term. However, sometimes a list in a statute is illustrative, not exclusionary. This is usually indicated by a word such as "includes" or "such as."

Noscitur a sociis it is known from its associates.

When a word is ambiguous, its meaning may be ascertained by reference to associated words related to them in the statute. Casus Omissus - When a statute makes specific provisions in regard to several enumerated cases or objects, but omits to make any provision for a case or object which is analogous to those enumerated, or which stands upon the same reason, and is therefore within the general scope of the statute, and it appears that such case or object was omitted by inadvertence or because it was overlooked or unforeseen, it is called a casus omissus and the court cannot supply such omission.

When is the court allowed to apply the rules of construction: 1. If left uncorrected, the statute will be meaningless and nonsensical 2. The statute will defeat the intended operation provided that the real meaning is apparent on the face and is obvious on the whole enactment. casus omissus pro omisso habendus est a case omitted is held to be intentionally omitted.

Correction of mistakes, errors, omissions When permissible Courts correct errors and mistakes or supply omissions, which when left uncorrected, will render the statute meaningless and nonsensical, or will defeat its intended operation, provided the real meaning is apparent on the face and obvious on the whole enactment. When not permitted casus omissus

 Literal Construction - When the words and meaning of a statute are clear and unambiguous, the statute must be literally construed.
Construed as a whole - A cardinal rule in statutory construction is that legislative intent must beascertained from a consideration of the statute as a whole and notmerely of a particular provision. A word or phrase might easily convey ameaning which is different from the one actually intended. A statute should be construed as a whole because it is not to bepresumed that the legislature has used any useless words, and becauseit is dangerous practice to base the construction upon only a part of it,since one portion may be qualified by other portions. Doctrine of Collocation - While the collocation of words and phrases in a statute is sometimes an aid in the construction thereof, faulty collocation will not vitiate a statute where meaning can be clearly discovered. A transposition of words may be resorted to when the sentence of clause is without meaning as it stands.

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. Computation of time o Article 13 of NCC whe the laws speak of years, months, days or nights, it shall be understood that years are of 365 days; months, of 30 days; days , of 24 hours; and nights from sunset to sunrise. When months are designated by their names, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, the last day included. How is the intention of the framers sought? o By resorting to natural signification of words employed words and terms employed must be understood in the sense most obvious to the common understanding at time of adoption of constitution technical legal terms must be given their technical legal meaning o

by considering old law, mischief, and remedy o by looking to the existing conditions and history o by referring to debates and proceedings of convention o by resort to the doctrine of implications o by resort to other considerations

AIDS IN CONSTRUCTION
Intrinsic Aid Those aids taken from the statute itself in determining the meaning and the intention of the legislature, its context, language, title, preamble ant the like. 1. The context or language surrounding or accompanying the sections, clauses and provisions, as well as the particular words or phrases employed. 2. Number used as the reference 3. Subject and Title shows directly the object of the legislative body 4. Preamble in case of doubt and ambiguity as to the body of the statute, the preamble may be consulted as an aid in determining the reason of the law and the object of the legislature., and thus arrived at the true construction of the terms. Limitation: However, preamble is not conclusive. It is not an essential part of a statute. It cannot confer or enlarge power, it can neither expand nor control the scope of the application of the body when the letter is clear. 5. Chapter Title and Section Headings 6. Punctuations - Punctuation marks are not allowed to control, enlarge or restrict the plain and evident meaning of the legislature as disclosed by the language employed, and if there is no doubt as to the meaning except that arising from erroneous or defective punctuation, the courts will disregard the punctuation and read the statute as in correctly punctuated. And if the statute is open to two constructions and there is nothing to show which one was intended by the legislature, except the punctuation, and if the punctuation would support one of such constructions but would be inconsistent with the other; the punctuation will govern. Extrinsic Aid those extraneous facts, circumstances and means of explanation, resorted to for the purpose of determining the legislative intent. 1. Dictionaries, legal scientific or legal 2. Documents and State Papers 3. Legal Textbooks 4. Official Opinion 5. Scientific and Political Writings 6. Judicial Note 7. Contemporary History 8. Physical Condition of the Country 9. Contemporaneous Construction

Construction of Words and Phrases Primary Rule: Words in a statute must be given their natural meaning as intended by the legislature. o Esp ipsorum legislatorum tanquam viva vox. The language of the law is to be understood and interpreted like ordinary spoken language. When the language of the law is clear and equivocal, the law must be taken to mean exactly what it says. o USE OF SPECIAL OR TECHNICAL MEANING: a. Words and phrases having a special or technical meaning are to be considered as having been used in their technical sense. b. Technical words or phrases which have acquired a peculiar and appropriate meaning in law are presumed to have been used by the legislature according to their legal meaning. c. Terms judicially defined are to receive their settled meaning in law. d. Commercial or trade terms are to be understood in the sense that they are generally accepted in commerce and trade.

o Doctrine of Last Antecedent: Relative and qualifying words, phrases and clause are to be applied to the words or phrases immediately preceding and not extended to others do remote.

SPECIFIC WORDS: May: merely permissive; confers discretion upon a party Maybe: connotes possibility Shall: ought to ; must; expresses a command; expresses what is mandatory and: requires for to or more subjects; a conjuctive term; a joinder or union or: a disjunctive term; indicates an alternative or choice, connotes a series

all: universal; a comprehensive or general term depending upon the sound of reason any: given a restrictive interpretation every: a word of inclusion