STATUTORY CONSTRUCTION

“From the words of the statute, there should be no departure.”

“Words are clumsy tools.”

Ratio Legis = Reason of the Law

Problem: Clash between the words of a statute and its purpose

Resolution: A deviation from the words may be necessary.

Verba Legis “From the words of the statute, there should be no departure.”
Plain Meaning Rule
“When the law is clear and unambiguous, there is no room for interpretation, there is only
room for application.”

Presumption of validity Interpretations that validate a Law are favored compared to those that invalidate.

Review of Law “A provision unclear in itself may be made clear by reading and construing it in relation to the
whole statute.”

Practicality of Law The more practical interpretation is favored.

Executive and Administrative Not conclusive but highly persuasive.

Interpretation

Statutes in Pari Materia Given: 2 Statutes sharing a common purpose/relating to the same subject
Problem: They do not contain any reference to one another
Resolution: Construed together as one law

Interpretation against the Ambiguity construed against the person who caused it.
Draftsman

When the Law does not Courts cannot add to any valid classification or distinction that the Law does not contemplate
distinguish,
the Court should not
distinguish

May/Shall – And/Or Resolution: Look at the INTENT of the Law

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Exceptio firmat regulam in Given: A General Expression
casibus non exceptis Problem: ^followed by exceptions
Resolution: therefore implies that those that do not fall under the exceptions come within the
scope of the General Expression.

= Of the same kind or nature

z Ejusdem Generis
Given: Enumeration of list of the same kind
Problem: ^followed by a General Term
Resolution: should be construed as to mean those of the same kind.

Statement of Individual Are not persuasive but determinative of the intent of the legislature as a whole
Legislator 1. Rationale:
 those who did not speak might not have agreed with those who did;
 and those who spoke might differ with each other

Companion Words = The meaning of a word may be known from the accompanying words

Retroactivity GENERALLY: No Retroactive Effect

EXCEPTIONS:
1. Expressly stated
2. No rights violated
3. Law is remedial or curative
4. Penal Laws in favor of the accused

Casus omissus pro omissu = A case omitted is held to be as intentionally omitted

habendus est

Computation of Time 1. "When law speaks of years, months, days or nights, it shall be understood that
1) years are of three hundred sixty-five days each;
2) months, of thirty days;
3) days, twenty-four hours; and
4) nights from sunset to sunrise."
[Art. 13 Civil Code]

2. However, the provision on years has been repealed by the decision in [CIR v. Primetown].
A year is computed as 12 months.

3. Where the word "week" is used as a measure of time and without reference to the
calendar, it means a period of seven consecutive days without regard to the day of the
week from which it begins.

4. Where a statute requires the doing of an act within a specified number of days, such as
ten days, from notice, it means ten calendar days and not ten working days.

5. The exclude-the-first and include-the-last day rule governs the computation of a period.
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1) If by applying this rule in the computation of a period within which an act shall
be done, the last day falls on a Sunday or a holiday, the act can still be done the
following day.
2) The principle does not apply to the computation of the period of prescription of a
crime.
3) If the last day in the period of prescription of a felony falls on a Sunday or legal
holiday, the information concerning said felony cannot be filed on the next
working day, as the offense has by then already prescribed.

Observations:
1) Get the next day after the Given Date
2) Add the number of days prescribed to (1)

RULES OF COURT, Rule 22, Sec. 1. The section provides:

Section 1. How to compute time. In computing any period of time prescribed or allowed by
this Rules, or by the order of the court, or by any applicable statute, the day of the act or
event from which the designated period of time begins to run is to be excluded and the
date of performance included. If the last day of the period, as thus computed, falls on a
Saturday, a Sunday or a legal holiday in the place where the court sits, the time shall not run
until the next working day.

Wills GENERALLY: Formality of Wills should be Strictly construed.

1) Rationale:
 To prevent Fraud.
2) Purpose:
 Not to restrain and curtail the exercise of the right to make a will.
 Thus, EXCEPTION: when an Interpretation already given assures such
end, any other interpretation that adds nothing but demands more
requisites entirely unnecessary, useless, and frustrative of the testator’s
will, must be disregarded.
3) 2 Types of Wills:
1) Holographic
2) Notarial

Naturalization GENERALLY: Applied Strictly.

1) An applicant for Naturalization must comply with all the requirements and
conditions specified by Law.

Labor GENERALLY: Liberally in favor of the applicant

1) Rationale:
 Labor Laws are Social Justice/Welfare Concepts

EXCEPTION: Such Liberal Construction and Interpretation of Labor Laws

MAY NOT BE APPLIED where he assailed Law/Provisions are
clear and leave no room for interpretation.

Agrarian Laws GENERALLY: Liberally in favor of Grantees

1) Rationale:
 In order to give full force to the clear intent of such Laws:
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To achieve a dignified existence for small farmers; and to
make them more independent, self-reliant, and responsible
citizens, and a source of genuine strength in our
democratic society.
2) Grantee = a person to whom a grant or conveyance is made

Tax Exemption / Amnesty Tax Statutes

GENERALLY: Strictly against the Government and
Liberally in favor of the Taxpayer.
1) GENERALLY:
 Tax cannot be imposed without clear and express words for such
purpose.
 Applied with peculiar strictness.
 Interpretation of Tax Statutes must not extend the provisions beyond
their clear import. [cannot be extended by implication]
2) Rationale:
 Burdens are not to be imposed, nor presumed to be imposed, beyond
what the statutes expressly and clearly import.

Tax Exemption
GENERALLY: strictissimi juris Strictly against the Taxpayer and
Liberally in favor of the Taxing Authority.
1) Rationale:
 The law frowns upon Tax Exemptions because Taxes are the lifeblood
of the nation and are paid for a civilized society.
[Jurisprudence: Mactan Cebu International Airport Authority v.
Marcos]
2) The law "does not look with favor on tax exemptions and that he who would
seek to be thus privileged must justify it by words too plain to be mistaken and
too categorical to be misinterpreted."

Rules of Court Usually case to case basis.

1) Not Black & White
2) Depends on the facts

GENERALLY: Laws of Procedure are Liberally construed

1) “Pleadings and Remedial laws, should be construed liberally,
Rationale:
 so that the litigants may have ample opportunity to prove their
respective claims; and
 to avoid a possible denial of substantial justice, due to legal
technicalities.”
[Jurisprudence: Quibuyen v. CA]
2) But, must not defeat the import of Justice

Insurance GENERALLY: Liberally in favor of the insured; Strictly against the insurer.

Corporation Laws GENERALLY: Liberally in favor of corporate laws to promote trade

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Probation Laws GENERALLY: Strictly against person applying for probation

Penal Statutes GENERALLY: Liberally in favor of the accused

Repeals and Amendments The problem:

Given: there are 2 statutes
The dilemma: which law applies?

Resolution:
1. Know first the kind of Repeal:
1) Express
2) Implied
2. In the absence of Express repeal, consider the Implied repeal,
1) Look for:
a) A clear showing of the intent to repeal
2) Repeal is implied when:
a) The provision fails to say which law it repeals
b) 2 laws must be irreconcilable
3) Statutory Principles on Implied repeal:
a) GENERALLY: Implied repeal is not favored
b) Special Law prevails over General Law
(this is because usually, Special Law serves as an exception to
the General Law)
c) The Special Provision of a General Law prevails over the
General Provision of a Special Law
[Jurisprudence: Gaerlan v. Catubig]
d) A general law cannot repeal a special law by mere implication.
The repeal must be express and specific.
e) The statute of later date must prevail being a later expression of
legislative will.
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