Statutory Construction – Term Paper

Statutory Construction Concept and Aids in the Construction and Interpretation

I. Statutory Construction Concept

a. Statutory Construction

Statutory Construction is defined as 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 the intention is rendered doubtful, among others, by reason of the fact that the

given case is not explicitly provided for in the law. Caltex (Philippines) Inc. v. Palomar, G.R.

No. L-19650, September 29, 1966. Also, Justice Martin defined statutory construction as the

art of seeking the intention of the legislature in enacting a statute and applying it to a given

state of facts.

As the Supreme Court has explained; in interpreting a statute a court should always

turn to one cardinal canon before all others. Courts must presume that a legislature says in a

statute what it means and means in a statute what it says there. (Connecticut Nat'l Bank v.

Germain, 112 S. Ct. 1146, 1149 (1992). Indeed, when the words of a statute are

unambiguous, then, this first canon is also the last: judicial inquiry is complete. Congress is

presumed to act intentionally and purposely when it includes language in one section but

omits it in another. (Estate of Bell v. Commissioner, 928 F.2d 901, 904 (9th Cir. 1991).

b. Statutory Construction and Interpretation

Construction and Interpretation have the same purpose and that is to ascertain and

give effect to the legislative intent. However, there is a difference in the two; Construction is

the drawing of conclusions with respect to subjects that are beyond the direct expression of
the text, while interpretation is the process of discovering the true meaning of the language

used. Therefore, the one who interprets makes use of intrinsic aids or those found in the

statute itself, while the one who constructs makes use of extrinsic aids or those found outside

the written language of the law. One of the basic rules in Statutory Construction based from

the difference of construction and interpretation is that “One must interpret first before he

construes.”

There are kinds of construction and interpretation of the law. The science and art of

such is called Hermeneutics. It is understood to be the systematic body of rules which are

recognized as applicable to the construction and interpretation if the legal writings. However,

in our jurisdiction, we do not deal so much in the kinds of interpretations but they are

incorporated in the different rules in statutory construction. More often, our laws are

interpreted either literally, strictly or liberally and prospectively or retrospectively.

Most common subjects of statutory construction and interpretation are the constitution

and statutes which includes ordinances. But resolutions, executive orders and department

circulars may also be added.

c. Statutory Construction and Constitutional Construction

It is an established principle of constitutional law that a court will not rule upon the

constitutionality of a statute unless such a determination is absolutely necessary to decide the

merits of the case. A statute will be construed to avoid a constitutional question whenever this

is possible. The construction of a constitutional provision by Congress (note it is congress

construing, not the Supreme Court, that is why it is called “Contemporaneous Construction”
is entitled to consideration, and if the construction is contemporaneous with adoption of the

constitutional provision, it is entitled to great weight.

 II. Aids in the Construction and Interpretation

There are two kinds of aids that are used in Statutory Construction and Interpretation

to ascertain and give effect to the legislative intent. Aids to statutory construction and

interpretation are divided into internal aids and external aids. Intrinsic aids or those found in

the statute itself and extrinsic aids or those found outside the written language of the law. In

applying the law, the court should discover the real intent and purpose of the legislature. If

that intent and purpose can be discovered with the law, it is the duty of court to carry out that

intention. If the same cannot be discovered within the law, the court shall be guided by

extrinsic aids.

a. Intrinsic Aid

The term “intrinsic” means internal or within. Intrinsic Aids are those which can be

found in the statute itself which includes: title, preamble, words, phrases and sentences

context; punctuation; headings and marginal notes; and legislative definitions and

interpretation clauses. Intrinsic aids are used only when there is ambiguity. In resorting to

intrinsic aids, one must go back to the part of the statute.

1. Title

That which expresses the subject matter of the law. It can help in the construction

of statutes but it is not controlling and not entitled to much weight.

2. Preamble

That part of the statute following the title and preceding the enacting clause which

states the reasons or the objectives of the enactment.

3. Words, Phrases and Sentences Context

 The intention of the legislature must primarily be determined form the language of

the statute and such language consists of the word, phrases and sentences used

therein. The meaning of the law should however be taken the general

consideration of the act as a whole.

4. Punctuation

It is an aid of low degree in interpreting the language of a statute and can never

control against the intelligible meaning of the written word.

5. Headings and Marginal Notes

If the meaning of the statute is clear or if the text of the statute is clear they will

prevail as against the headings, especially if the headings have been prepared by

compilers and not by the legislature.

6. Legislative Definitions and Interpretations

If the legislative has defined the words used in the statute and have declared the

construction to be placed thereon; such definition or construction should be

followed by the courts.

The title of the law is a valuable intrinsic aid in determining the legislative intent.

Subtitle of the statute can be also used as an intrinsic aid. The intent of the law is form its

preamble and from the situation, circumstances and conditions it sought to remedy, must be

enforced. Preamble is used as a guide in determining the intent of the lawmaker.

b. Extrinsic Aid

Extrinsic Aids are those found outside the written language of the law are those that

may consist of contemporaneous circumstances, policy, legislative history of the statute,

contemporaneous or practical construction, executive construction, legislative construction,

judicial construction, and construction by the bar and legal commentators. These are existing
aids from outside sources, meaning outside of the four corners of the statute. If there is any

doubt as to the meaning of the statute, the interpreter must first find that out with the statute.

Extrinsic aids are used after exhausting all the available intrinsic aids and still there remain

some ambiguity in the statute.

1. Contemporaneous Circumstances

History of the times and conditions existing at the time the law was enacted;

previous state of law; the evils sought to be remedied or corrected by the law; and

the customs and usages of the people. These are circumstances constitute the

reason why the law was enacted.

2. Policy

The general policy of the law or the settled policy of the State may enlighten the

interpreter of the law as to the intention of the legislature in enacting the same.

3. Legislative History of the Statute

Such history may be found in reports of legislative committee, in the transcript of

stenographic notes taken during the hearing, legislative investigation or legislative

debate.

4. Contemporaneous and Practical Construction

Those who lived at or near the time when the law was passed were more

acquainted with conditions and the reasons why that law was enacted.

5. Executive Construction

The construction given by the executive department deserves great weight and

should be respected if said construction has been formed and observed for a long

period of time.

6. Legislative Construction
 Legislative construction is entitled to consideration and great weight but it cannot

control as against the court’s prerogative to decide on what is the right or wrong

interpretation.

7. Judicial Construction

It is presumed that the legislature was acquainted with and had in mind the

judicial construction of former statutes on the subject.

It is well accepted principle that where a statute is ambiguous, courts may examine

both the printed pages of the published Act as well as those extrinsic matters that may aid in

construing the meaning of the statute, such as the history of its enactment, the reason of the

passage of the bill and purposes to be accomplished by the measure.

There are situations that are necessary to interpret or construct a statute or law and

these are the following:

1. When the language of the statute is ambiguous, doubtful, or obscure when taken in

relation to a set of facts; and

2. When reasonable minds disagree as to the meaning of the language used in the statute.

Ambiguity exists if reasonable persons can find different meanings in a statute, document,

etc. A statute is ambiguous if it is admissible of two or more possible meaning.

It is not necessary to interpret or construct when the law speaks in clear and categorical

language. Only when there is ambiguous or of doubtful meaning may the court interpret or

construe its true intent. The duty of the court in that case is to apply the law and not to

interpret it. (Go Ka Toc & Sons v. Rice & corn Board, GR No. l-23607, May 23, 1967;

People v. Mapa, Gr No. l-22301, Aug. 30, 1967.)

 Construction and interpretation of the law come only after it has been demonstrated

that application is impossible or inadequate without them.

 Works Cited

Caltex (Philippines) Inc. v. Palomar, G.R. No. L-19650, September 29, 1966

(Go Ka Toc & Sons v. Rice & corn Board, GR No. l-23607, May 23, 1967; People v.

Mapa, Gr No. l-22301, Aug. 30, 1967.)

Black’s Legal Dictionary, centennial ed

Commissioner of customs v. Reluvia, GR No, l-118860, May 29, 1969

Ace Bus Transportation v. South Hudson Country Blood Owners Associations, 177 A.

360

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Introduction To Law Sixth Edition by Rolando A. Suarez