Statutory Construction Principles

Statutory Construction

• Dura Lex Sed Lex: The law is harsh, but it is the law.
• Ubi Lex Non Distinguit Nec Nos Distinguere: Where the law does not distinguish, neither should we.
• Generalia Verba Sunt Generaliter Inteligencia: General words are to be understood in a general sense.
• Reddendo Singula Singulis: Rendering each to each.
• Ejusdem Generis: Of the same kind.
• Noscitur A Sociis: It is known from its associates.
• Casus Omissus Pro Omisso Hebendus Es: A case omitted is to be held as omitted.
• Expresio Unius Est Exclusio Alterius: The express mention of one thing implies the exclusion of another.
• Doctrine of Necessary Implication: A doctrine that allows courts to imply a provision in a law that is not explicitly stated, but is necessary to give effect to the law's purpose.
• Use of "shall," "must," "ought," and "may": These words carry different degrees of obligation and permission.
• Use of "and," "or," and "and/or": These conjunctions have distinct meanings in legal interpretation.
• "Year," "Month," "Day," and "Night": These terms refer to specific periods of time.
• "Week": This term refers to a seven-day period.

Intrinsic Aids

• Title: Provides a concise summary of the law's subject matter.
• Preamble: Introductory statement explaining the reasons for enacting the law and provides insight into legislative intent.
• Definition Section: Clarifies the meaning of key terms used in the law, ensuring consistency and avoiding ambiguity.
• Punctuation: Can clarify the meaning of sentences and phrases, especially in complex legal language.

Extrinsic Aids

• Dictionary: Provides the meaning of words used in laws, relevant to the specific context.
• Judicial Decisions: Previous court rulings on similar laws or issues provide guidance for interpretation.
• Administrative Regulations or Decisions: Regulations issued by agencies implementing laws clarify application and implementation.
• Constitutional Deliberations: The Constitution is the supreme law, and its provisions can be used to interpret other laws.
• Foreign Jurisprudence: Insights into how similar laws have been interpreted in other legal systems.

Kinds of Construction and Interpretation

• Criminal Law: Laws defining crimes and their punishments.
• Labor Law: Governs employer-employee relationships.
• Social Legislation: Aims to address social issues and improve well-being.
• Election Law: Regulates election processes.
• Procedural Laws: Establish procedures for legal proceedings.
• Tax Laws: Govern the collection and payment of taxes.
• Tax Exemptions/Tax Amnesty/Tax Deductions: Laws providing exceptions, forgiveness, or reductions in tax liabilities.
• Naturalization Law: Governs the process of becoming a citizen.

Basic Guidelines

• Horizontal Coherence: Emphasizes consistency and harmony between laws addressing the same subject matter.
• Statutes In Pari Materia: Statutes on the same subject matter should be interpreted to avoid contradictions.
• General Law vs. Special Law: Distinction between broad general laws and specific laws addressing particular circumstances.
• Vertical Coherence: Consistency between laws enacted at different levels of government.
• Basic Guidelines in the Construction and Interpretation of the Constitution: General principles and approaches used for understanding and interpreting the Constitution (includes originalism, textualism, and living constitutionalism, precedent, aids in construing and interpreting the Constitution, and The Constitution's Preamble, Structure, Legislative History, Judicial Opinions).