Statutory Construction 2024-2025 PDF

STATUTORY CONSTRUCTION § Constitutional Law: Fundamental laws I. Concept and Classification of Law de...

STATUTORY CONSTRUCTION § Constitutional Law: Fundamental laws I. Concept and Classification of Law defining government powers. A. Definition of Law § Administrative Law: 1. General Definition Regulates o In a broad sense, law refers to any government functions rule of action or norm of conduct and authority. applicable to all forms of action and § International Law: creation. Governs relations o Encompasses all types of laws, among nations. including physical, state, and divine § Private Law: Creates rights, law. duties, and methods for o Specifically, law is a rule of conduct enforcing legal obligations. established by legal authorities for § Substantive Private the common good. Law: Declares legal 2. Elements of Law relations based on o It is a rule of conduct. evidence. o It must promote justice. § Procedural Private o It must be obligatory. Law: Regulates court o It must originate from a legal procedures. authority. o It must benefit the common good C. Sources of Law (Salus Populi Est Suprema Lex). The sources include: o Legislation: Authority to legislate B. Classifications of Law historically vested in the House and 1. Natural Law Senate, later to the President under o Connects law to external principles, Martial Law, and restored post- such as religious justifications and revolution. divine rule. o Precedent: Past case decisions o Types: guide the interpretation of current § Physical Law: Governs non- cases. free, material entities (e.g., o Customs: Long-established Ohm’s Law, Boyle’s Law). practices that influence law, § Moral Law: Establishes right provided they comply with legal and wrong, inspired by requirements. human conscience (e.g., o Court Decisions: Judicial principles against murder). interpretations serve as evidence of 2. Positive Law law. o Laws established by authority, independent of moral D. Definition of Construction considerations. 1. General Definition o Types: o The process of discovering or § Divine Law: explaining the intent of law authors § Divine Positive Law: concerning its application, especially Laws revealed by when ambiguous (Caltex v. God, binding on Palomar). humanity (e.g., Ten o Also known as Legal Hermeneutics, Commandments). the body of rules for interpreting § Divine Human legal writings. Positive Law: Laws 2. As an Art or Process created by church o Discovers the meaning and intention authorities (e.g., of legal authors. commandments of o Employs auxiliary rules of the church). construction to ascertain legislative § Public Law: intent (Philippine American Drug Co.  v. Commission on Internal Revenue). 3. Judicial Function o The judiciary holds the power to interpret laws, ensuring statutes align with constitutional authority. E. Purpose of Statutory Construction To determine legislative intent when the law's plain language is ambiguous. To discover the true intention of the law through rules and maxims of interpretation. The principle of Effectiveness emphasizes reading statutes to fulfill their intended purpose. F. Theories of Interpretation 1. Textualism o Prioritizes the statute's text over construction methods. o Interprets legal provisions based on their ordinary meaning. 2. Intentionalism o Focuses on discerning legislative intent to guide interpretations. o Allows for extrinsic sources to understand the original intent. 3. Purposivism o Addresses the problem the legislature seeks to solve. o Aligns interpretations with public policy goals. G. Basic Legal Principles 1. Separation of Powers o Fundamental in government structure; limits judicial power to interpreting laws. 2. Hierarchy of Laws o The Constitution is supreme, guiding consistency in laws enacted by Congress and local bodies. 3. Stare Decisis o Follow past precedents; established interpretations form part of the legal system. o Requisites for application include similar factual circumstances and relevance to main issues. II. Passage of the Bill 6. Transmittal to the Other Chamber The other chamber undergoes the same 1. Drafting the Bill process: first reading, committee Authoring: A bill can be introduced by any consideration, second reading, and third member of the House of Representatives or reading. the Senate. It may also originate from the If the other chamber approves the bill executive branch or other government without amendments, it is sent to the agencies. President for signature. Filing: The author files the bill with the If the other chamber proposes Secretary of either the House of amendments, a bicameral conference Representatives or the Senate. committee is formed. 2. First Reading 7. Bicameral Conference Committee The bill is read by its number and title only The committee consists of representatives (no discussion). from both chambers. It is referred to the appropriate committee(s) It reconciles conflicting provisions and based on its subject matter for further study produces a final version of the bill. and discussion. The reconciled version is sent back to both chambers for final approval. 3. Committee Consideration and Report Committee Hearings: The assigned 8. Enrollment and Ratification committee(s) conducts hearings and Once both chambers approve the final discussions. Stakeholders, experts, and the version, it is "enrolled" or finalized. public may be invited to provide input. The bill is printed and signed by the Committee Report: After review, the Secretary of the House of Representatives committee may: and the Secretary of the Senate. o Recommend approval with or without amendments. 9. Presidential Action o Consolidate similar bills. The enrolled bill is sent to the President of o Recommend disapproval or deferral. the Philippines for approval. The President If approved, the committee issues a report can: that includes its recommendations and the o Sign the Bill: The bill becomes law. revised version of the bill. o Veto the Bill: The bill is rejected and sent back to Congress with an 4. Second Reading explanation. Congress can override The bill is read in its entirety, followed by the veto with a two-thirds vote in debates. both chambers. Amendments to the bill can be proposed, o No Action: If the President does not discussed, and voted upon. sign or veto the bill within 30 days, it After debates and amendments, the automatically becomes law. chamber votes on the bill. If it passes, it moves to the third reading. 10. Publication and Implementation Once approved or enacted, the law is 5. Third Reading published in the Official Gazette or a The bill is read again, usually in its final newspaper of general circulation. form. The law takes effect 15 days after No further debates or amendments are publication, unless specified otherwise. allowed. Voting is conducted; if the bill is approved by a majority vote, it is sent to the other chamber (if it originated from the House of Representatives, it goes to the Senate, and vice versa). III. Statutes 2. Preamble o Follows the title and precedes the A. How Are Statutes Identified? enacting clause. The identification of a statute depends on the o States the reasons or objectives of respective authorities that enacted them: the enactment. Public Acts: Statutes passed and approved by the Philippine Commission and the Three Basic Points to Remember: Philippine Legislature from 1901 to 1935. o A preamble does not create or grant Commonwealth Acts: Approved by the rights. Philippine Congress from 1936 to 1946. o It is not a source of governmental Republic Acts: Approved by the Philippine power. Congress from 1942 to 1972. o It is not an essential part of the Batas Pambansa: Approved by the statute. Batasang Pambansa. Presidential Decree (PD): Issued by 3. Enacting Clause President Ferdinand E. Marcos during o Indicates the authority that Martial Law. promulgated the enactment. o While not essential to the law’s B. Parts of Statutes validity, it lends dignity by citing the 1. Title authority that enacted it. o Provides a general statement and draws attention to the subject matter 4. Body of an act. o Contains the subject matter of the o Informs legislators and the public statute. about the legislation's focus and o Must embrace only one subject (as allows for further inquiry. per Section 26, Article VI). § The requirement is not Can a Bill Embrace More Than One Subject? violated if the statute o Section 26, Article VI of the New includes diverse provisions, Constitution: as long as they are allied and § “Every bill passed by the germane to the main subject Congress shall embrace only and purpose of the bill. one subject which shall be expressed in the title 5. Exceptions and Provisos thereof.” o A clause added to an enactment to o Purpose: restrain or qualify the generality of § To prevent "hodge-podge" or the language it follows. "log-rolling" legislation, where unrelated matters are 6. Interpretations, Repealing, Separability, combined in one bill to attract and Saving Clauses majority support. o Interpretative Clause: Defines its § To prevent surprise or fraud own language or prescribes rules for upon the legislature and its construction. ensure fair appraisal of the o Repealing Clause: Announces the legislation by the public. legislative intent to terminate or o Effect of Violating this revoke another statute or statutes. Requirement: o Saving Clause: Restricts a § The bill may be declared void repealing act to preserve existing by the courts. powers, rights, and pending proceedings from the repeal's Test of Sufficiency of a Title effects. o The title of a bill need not be a o Separability Clause: States that if detailed catalogue of its contents but any part of the statute is declared should indicate, in broad yet clear unconstitutional or invalid, the terms, the nature, scope, and remaining provisions shall not be implications of the proposed law. affected, showing legislative intent  for the statute to stand, even E. Effect of Unconstitutional Statute partially. Totally Unconstitutional Partially Unconstitutional 7. Date of Effectivity o The law takes effect after its publication. C. Who Are Subject to Philippine Laws? Family Rights and Duties: Laws relating to family rights and duties, or the status, condition, and legal capacity of persons are binding upon citizens of the Philippines, even if living abroad. Property: Both real and personal property is subject to the law of the country where it is situated. Successions: Intestate and testamentary successions are regulated by the national law of the person whose succession is under consideration, regardless of the nature of the property or where it may be found. Remedies: Matters respecting remedies, such as the bringing of suits, admissibility of evidence, and statute of limitations, depend upon the law of the place where the suit is brought. D. Validity and Constitutionality Requisites of Judicial Inquiry Actual Case or Controversy: There must be an existing legal dispute between parties with opposing legal rights. Proper Party or Locus Standi: The party initiating the case must have a direct and personal interest in the outcome of the controversy. Earliest Opportunity: The constitutional issue must be raised at the earliest possible time during the proceedings, typically in the pleadings. o Exceptions: § In criminal cases: Can be raised at any time at the discretion of the court. § In civil cases: Can be raised at any stage if necessary for determining the case. § In all cases (except estoppel): Can be raised at any stage if it involves the jurisdiction of the court. Lis Mota: The constitutional issue must be necessary for the resolution of the case, meaning it is essential for determining the main question or controversy. IV. Legislative Power desires. It includes artful interpretation where the interpreter The authority of Congress to make laws and seeks to ascribe a meaning to the to alter or repeal them. text other than the one they know to Constitutional Basis: Section 1, Article VI have been intended. of the 1937 Constitution states that Our laws can be interpreted literally, strictly, or legislative power shall be vested in the liberally, and may be applied prospectively or Congress of the Philippines, which consists retrospectively. of a Senate and a House of Representatives. The Constitution also C. Legislative Intent reserves the exercise of legislative powers The objective of all interpretation and for the people through initiative and construction of statutes is to ascertain the referendum. meaning and intention of the legislature to ensure enforcement. A. Kinds of Legislative Power Legislative Footprints: The objective 1. Original Legislative Power footprints left on the trail of legislative intent o This power belongs to the sovereign guide this process. people and is considered supreme. 2. Derivative Legislative Power D. Judicial Power to Interpret o This power is delegated by the Limitations on Power to Construe: sovereign people to the legislative o Courts may not enlarge or restrict bodies and is subordinate to the statutes. original power of the people. o Courts should not be influenced by questions of wisdom. B. Classes of Interpretation 1. Close Interpretation o This occurs when just reasons connected with the character and formation of the text induce the reader to take the words in their narrowest meaning. Also known as literal interpretation. 2. Extensive Interpretation o Also called liberal interpretation, this approach adopts a more comprehensive signification of words. 3. Extravagant Interpretation o This type substitutes a meaning that is evidently beyond the true one, and is therefore not considered genuine interpretation. 4. Free or Unrestricted Interpretation o This interpretation proceeds simply on general principles of interpretation in good faith, not bound by any specific or superior principle. 5. Limited or Restricted Interpretation o This interpretation is influenced by principles that are not strictly hermeneutic. 6. Predestined Interpretation o This occurs when the interpreter, under a strong bias, makes the text serve their preconceived views and V. Verba Legis and Ratio Legis A. Verba Legis Rule Definition: If the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without interpretation. Principle: Verba legis non est recedendum (From the words of a statute, there should be no departure). Intent: The intent of the legislature is derived from the words used, not from what they may have intended to express. B. Ratio Legis Rule Definition: Ratio legis et anima (The reason of the law is the soul of the law). C. Framework Verba legis and Ratio Legis should be viewed as complementary principles of construction utilized to determine the meaning and intent of a statutory provision. Clear Law: If the law is clear, there is no room for interpretation because the literal interpretation of the words correctly expresses the intention of the legislature. Unclear Law: If the law is unclear regarding how a statutory provision applies under a given set of facts, verba legis may not suffice to determine the true meaning. In such cases, the courts must resort to ratio legis to uncover the intention behind the law. D. Legislative Error; Enrolled Bill Clerical Errors: Clerical errors committed by the legislature may be the subject matter of statutory construction. Analysis Process: The analysis does not start by determining the true intention of the legislature. Instead, it first considers whether a clerical error was committed. If so, the principles of construction can be used to discern the legislature's real intention. Binding Nature of Enrolled Bill: The enrolled bill “imports absolute verity” and is binding on the courts. Respect for Legislature: This principle is based on the respect that the Court has for the legislature, which is a coequal and independent department. VI. Principles of Construction measure and not a collection of conflicting provisions. The principles of construction encompass aids for textual and linguistic analyses of legal provisions, Legislative Policies and Presumptions as well as normative theories aimed at achieving expressed or implied legislative policies in statutes. E. Liberal and Strict Construction A. General Principles 1. Strict Construction: These principles should always be o If a statute is strictly construed, considered in the interpretation of a statute. nothing should be included that does not clearly fall within its language. B. Law as a Whole o The language must be given its A law must be construed as a whole; the exact and technical meaning, words, phrases, and clauses in a statute without extensions for implications or should not be studied in isolation but equitable considerations. It operates analyzed in light of its other cognate only within the letter and spirit of the provisions to understand the meaning statute. attached to them by the legislature. o This close adherence presumes that This principle is significant because statutes the legislature intends minimal are passed as a whole, not as disjointed innovation on existing law and parts, and are “animated by one general requires that a case be excluded purpose and intent.” unless its language includes it. Legislative intent should be ascertained 2. Liberal Construction: “from a consideration of the statute as a o A statute may be liberally construed whole, and not of an isolated part or a to include matters within the spirit or particular provision alone.” reason of the law, addressing the evils it seeks to suppress. C. Presumption of Justice o Any matter reasonably within the Article 10 of the Civil Code states, “In case statute's meaning may be included, of doubt in the interpretation of laws, it is unless expressly excluded by its presumed that the lawmaking body intended language. right and justice to prevail.” o The statute’s meaning can be enlarged or restrained to accomplish D. Construction Consistent with the its intended purpose, allowing Constitution extensions beyond the literal Statutes must be construed in a manner wording to address the mischief the consistent with the Constitution. statute aims to remedy. All reasonable doubts should be resolved in favor of the constitutionality of a statute, as Special Types of Statutes all laws are presumed constitutional. The courts will not set aside a law as 1. Penal: unconstitutional except in clear cases. o Penal statutes are to be liberally Until there is an actual controversy testing construed in favor of the accused. the constitutionality of a law, the presumption of validity inherent in every 2. Tax: statute must be maintained. o Tax statutes will not be construed to Construction to Render Provision Effective impose a tax unless done “clearly, A statute must be construed in a way that expressly, and unambiguously.” renders it effective. o Taxes cannot be imposed without Ut Res Magis Valeat Quam Pereat: The explicit language, and their coverage thing should have effect rather than be cannot be extended by implications. destroyed. o Doubts in tax statutes are to be Care should be taken to ensure every part construed against the government is given effect, based on the theory that the and in favor of the taxpayer, while statute was enacted as an integrated tax exemptions are construed strictly against the taxpayer. 3. Social Legislation: o The Supreme Court adopts o Article 4 of PD No. 442 (Labor Code statutory construction principles of the Philippines) states that all for constitutional interpretation. doubts in implementation and o Verba legis: Ordinary meanings interpretation of its provisions shall are applied unless technical be resolved in favor of labor. terms are used. o Ratio legis: Ambiguities should 4. Rules of Court: be interpreted according to the o Rules shall be liberally construed to intent of the framers. secure just, speedy, and o Ut magis valeat quam pereat: inexpensive disposition of actions The Constitution should be and proceedings. interpreted as a whole. o The law abhors technicalities that b. Self-Executing vs. Non-Self- impede justice, and litigation should Executing: be decided on merits rather than o Generally, constitutional technicalities. provisions are intended to be o While rules of procedure are liberally self-executing. construed, provisions for o Provisions laying down general reglementary periods are strictly principles are usually not self- applied. executing unless they operate without the need for 5. Adoption Laws: supplementary legislation. o Adoption statutes, being humane and salutary, are to be liberally 11. Administrative Construction: construed in favor of the adopted o Executive agencies can interpret child's welfare. statutes they implement, and their interpretations are generally given 6. Local Autonomy: great weight by courts unless o Article X, Section 2 of the 1987 manifestly erroneous. Constitution emphasizes local autonomy for territorial and political subdivisions. o Rules of interpretation favor local government units and tax ordinances are strictly construed against them. 7. Naturalization Laws: o Naturalization statutes are strictly construed, with doubts resolved against the applicant. 8. Election Laws: o Election contests are liberally construed to ensure the people's will is not defeated by technical objections. 9. Prescriptive Periods: o A distinction exists between construction principles for civil and criminal cases regarding prescriptive periods. 10. Constitutional Construction a. Framework: VII. Construction of Words and Phrases in a o Words in a statute should be Statute understood in their natural, plain, and ordinary sense as they are 1. General Words Construed Generally commonly used in the language of General rule: the people. General words in a statute should be o This approach reflects the understood in their broad, natural, and assumption that the legislature used general sense unless the statute provides a words in their ordinary meaning, specific definition or a contrary intention is unless the context suggests evident. otherwise. Maxim: Ubi lex non distinguit, nec nos Technical Words: distinguere debemos o Technical or specialized terms, if o Translation: "When the law does not used in a statute, should be distinguish, neither do we understood according to their distinguish." technical meaning in the relevant o This principle is based on the idea field or industry. that statutes should be interpreted o Statutes involving specific technical based on their general language, or professional areas will define the and not reduced into specific parts meanings of such terms within the unless clearly required by the statute or, if not, those meanings statute. should be ascertained by reference o General words should not be to expert sources or usage within the dismembered or segmented to field. justify their exclusion from the statute's application. 4. Generic Words and Progressive Construction Related Maxim: Generalia verba sunt Progressive Construction: generaliter intelligenda o Statutes should be interpreted in a o Translation: "General words are progressive manner so that they generally understood." remain relevant to evolving o The use of general terms or phrases conditions and contemporary issues. in statutes presumes a broad o This principle allows statutes framed interpretation unless explicitly in general terms to apply to new restricted by the text. cases, technologies, or subjects that emerge after the statute is 2. Provisos enacted, so long as these new Definition: circumstances fall within the general A proviso is a clause that introduces a purpose of the legislature. condition or limitation to the application of o A statute’s language must be the statute. It typically begins with the word adapted to apply to changes in "provided" or "provided that." society, technology, and the Purpose: economy while maintaining its The purpose of a proviso is to limit the original intent and purpose. scope or application of the statute's main provisions, rather than expand them. 5. Punctuation Marks Construction of Provisos: General Use: o A proviso should be interpreted in a o Punctuation marks are sometimes way that does not repeal or used as aids in determining the invalidate the main provisions of the meaning of the statute. statute. o While punctuation can provide o It should be read in the context of helpful clues to the legislative intent, the statute as a whole, ensuring that they are considered weak the general purpose of the law is not indicators of legislative meaning. undermined. This is because the primary goal is to interpret the intent of the 3. Ordinary Words vs. Technical Words legislature based on the context and Ordinary Words:  structure of the statute itself, rather 9. Affirmative and Prohibitory than relying on punctuation alone. Affirmative Phrases: o Phrases or words used in a statute 6. “And”/“Or” that indicate approval or Conjunctive vs. Disjunctive: authorization (affirmative words) o “And” is generally interpreted as a are generally interpreted as conjunctive word, meaning it joins directory rather than mandatory. or links things together and implies o They are not strictly enforceable but that all conditions must be met. provide guidance or encouragement o “Or” is interpreted as disjunctive, for action. indicating alternatives, where only Negative Phrases: one of the conditions or items must o Negative or prohibitory terms are apply. regarded as mandatory in nature. o Statutory interpretation must o They impose a clear legal duty and consider whether the words "and" or cannot be ignored or disregarded. "or" are used to connect terms in such a way that the intent is to 10. Exceptions require all conditions or just one of Interpretation of Exceptions: them. o Exceptions to the general rules laid out in a statute are to be strictly 7. “Shall”/“May” construed, meaning they should be “Shall”: applied only in accordance with the o Mandatory – The word “shall” is specific wording of the exception. interpreted as an imperative, o Any exceptions that extend beyond meaning that the action or the language of the statute should requirement is obligatory and must be interpreted cautiously, and be followed. doubts should always be resolved in o It indicates a mandatory favor of the general provisions of requirement with no discretion, and the law. non-compliance typically results in o The rule is that only the enacting legal consequences. authority (i.e., the legislature) can “May”: amend or curtail a statute’s general o Permissive – The word “may” is provisions through exceptions. interpreted as allowing for discretion, o Courts should not imply exceptions indicating that the action or that are not explicitly mentioned in requirement is optional. the law. o It grants the relevant authority or person the choice to act or refrain 11. Periods from acting as they see fit. Civil Code (Art. 13): o Years are understood as 365 days. 8. Including/Involving o Months are understood as 30 days, “Including”: unless specified otherwise (e.g., if o The term "including" when followed the name of the month is used, the by an enumeration of items or actual number of days is situations is interpreted to mean that considered). the list is non-exclusive. o Days are understood as a full 24- o It implies that there are other items hour period, and nights are defined or situations that are not explicitly as the period from sunset to mentioned but still fall under the sunrise. scope of the statute. o Computation of periods: When Example: calculating periods of time, the first o A statute that says “including X, Y, day is excluded, and the last day is and Z” does not exclude A, B, and included in the count. C, which might also fall under the same category. 12. Plural and Singular Words General rule:  o Words in plural form are often o Courts may infer provisions or construed to apply to both singular actions necessary to give full effect and plural contexts, and vice versa. to the law's intent, based on the o This means that a statute’s principle that statutes cannot foresee provisions that refer to things or every possible scenario. persons in plural form may also apply to the singular form, and vice Casus Omissus (Omission as Intentional) versa. Doctrine: o Statutes typically do not require strict o If an item, person, or thing is omitted adherence to grammatical from a list or enumeration in a distinctions between singular and statute, it is presumed to be plural, as long as the intent of the intentionally left out. statute is maintained. o This implies that the legislative body deliberately chose not to include it, Association and Relationship of Words, and it should be treated as having Phrases, and Provisions been intentionally omitted. Noscitur a Sociis (It is known by its Each to Each (Reddendo Singula Singulis) associates): Principle: o This principle suggests that the o Words and phrases in different parts meaning of an ambiguous or unclear of a statute should be referred to word can be clarified by examining their proper connection and context. the words that are associated with it o This means that words or phrases in in the same context. different clauses or sections of the o The word's meaning is derived from statute should be applied specifically the company it keeps, so its to each other, and not generalized interpretation is influenced by the across different sections. surrounding words or phrases. Qualifying Terms; Last Antecedent Ejusdem Generis: Qualifying Terms: o When general words follow a o Qualifying words or phrases should specific list of items or persons, the apply only to the nearest general words are limited in meaning antecedent, unless the context to things or persons of the same suggests otherwise. kind, class, or nature as those o This ensures that the meaning of a specifically enumerated. phrase is limited to the term it o This prevents the statute from being directly modifies, rather than being overly broad in its application. broadly applied across the sentence or statute. Express Mention and Implied Exclusion (Expressio unius est exclusio alterius): Context and Related Clauses o This rule means that when one thing General Rule: is expressly mentioned, it excludes o A statute must be read as a whole, other things that are not mentioned. and all clauses, provisions, and o The specific inclusion of one thing sections must be interpreted in the implies the exclusion of others not context of the statute as a whole. expressly listed. o The words must be understood in light of the surrounding provisions, Necessary Implication ensuring that the intent of the law is Doctrine of Necessary Implication: preserved. o Statutes should be interpreted broadly to cover situations that are Extrinsic Aids necessary to fulfill the statute’s Obiter Dictum: objective and purpose, even if o Judicial remarks made in passing, those situations are not explicitly which are not essential to the mentioned in the text.  decision, may still provide guidance in interpreting statutes. o However, obiter dicta are not legally binding and should be treated as persuasive rather than authoritative. VIII. Extrinsic Aids of Construction Note: Plenary debates in Congress may serve as extrinsic aids, but public statements made by a. General members of Congress outside legislative Refers to tools of interpretation outside the deliberations may carry bias. words used in the statute. Extrinsic aids of construction are sources ii. Legislative History and materials outside the actual text of a Refers to the historical background and statute, used by courts to interpret its documents leading to the passage of a law, meaning but still tied to the legislative including drafts and legislation on similar process that created the act. subjects. These aids supplement the understanding Courts may examine the general history and derived from intrinsic elements, such as the steps leading to a statute’s enactment to statute’s language and structure. ascertain legislative intent, especially when Courts may resort to extrinsic aids of the law’s wording is unclear or its statutory construction, especially when a application leads to absurdity or injustice. literal application of the law results in Includes: absurdity, impossibility, or injustice. o Pre-Enactment History: Examples include: Circumstances leading to the o Legislative history of the law. introduction of the bill. o Implementing rules and regulations. o Enactment History: Actions taken o Pertinent executive issuances or and statements made during executive constructions. legislative deliberation. The use of extrinsic aids is driven by the o Post-Enactment History: need for a comprehensive understanding of Subsequent developments and legislative intent, acknowledging that interpretations of the statute. statutes may not always clearly express Examples: Committee reports, drafts, lawmakers' intentions. amendments, and records documenting the Courts require some statutory ambiguity legislative process. before considering extrinsic evidence but avoid strict adherence to this principle when iii. Contemporaneous Circumstances it obstructs the clear distinction of legislative Refers to the environment existing at the purpose. time of the law’s passage. Includes: i. Legislative Deliberation 1. Historical conditions during Refers to debates among members of enactment. Congress during committee discussions, 2. The state of existing laws. plenary sessions, or bicameral conferences. 3. The evils or issues the law intended Includes discussions, debates, and to correct. statements made during the legislative 4. Habits and activities of the people at process leading to the enactment of a the time. statute. Offers context for legislative motivation and Provides insights into the legislative thought helps interpret the statute’s purpose. process, clarifies ambiguous language, and Examples: Historical, social, or economic addresses concerns raised during debates. conditions during the legislative period. Key sources for understanding legislative intent: iv. Legislative Practice; Reference to Other o Conference Committee Reports: Statutes Highly persuasive evidence of Examines how similar statutes or related congressional intent, second only to provisions have been interpreted or applied. the statute itself. Promotes consistency in interpreting related o Committee Reports: Reliable laws and reflects legislative habits and evidence of meaning, as these are practices. generated by the committees Examples: Prior court decisions on similar responsible for drafting, amending, legal provisions. and reporting the bill to the full chamber. v. Statutes Borrowed from Foreign Jurisdictions Presumes that adopting a foreign statute includes adopting its judicial interpretations at the time of adoption. Recognizes foreign judicial interpretations as part of legislative history. Example: United States v. De Guzman, where foreign judicial interpretations were considered. Reason: The legislature is presumed aware of the existing judicial interpretations of a statute at the time of its adoption, but not interpretations made afterward. X. Latin Maxims: Their Meaning and Importance interpretation, the court should focus on the spirit of the law to achieve a. On the Principle that Laws Should Be fairness and justice. Prospective, Not Retroactive (Lex prospicit, non respicit) d. On the Principle that What is Not Included in General Rule: Statutes are generally Those Enumerated Are Deemed Excluded interpreted as having only prospective (Expressio unius est exclusio alterius) application unless the legislature has General Rule: The express mention of one explicitly declared or necessarily implied thing implies the exclusion of others not an intent for retroactive effect. mentioned. o Presumption: The default o Doctrine of Negative Implication: assumption is that laws are intended This is also known as the Doctrine to apply prospectively, not of Negative Implication, meaning retroactively. that when a law enumerates specific o Civil Code, Article 4: "Laws shall items, it excludes all others not have no retroactive effect, unless the mentioned. contrary is provided." This enshrines o Limitations to the Principle: the principle that laws usually apply 1. Non-exclusivity: The to future actions unless there is an principle does not apply if the explicit legislative intention to apply enumeration is not meant to them retroactively. be exhaustive or exclusive. 2. Illustrative Purpose: If the b. On the Principle that When the Law is Clear, list is intended to be merely the Court Should Apply It, Not Interpret It (Verba illustrative or to clarify legis non est recedendum) rather than be exhaustive, General Rule: When the language of the the principle does not apply. law is clear and unambiguous, the court's 3. Manifest Injustice: The duty is to apply the law as written, not to principle should not apply interpret it. when excluding unmentioned o Literal Interpretation: Courts things would result in should adhere strictly to the words of manifest injustice. the statute and not diverge from the 4. Legislative Purpose: If the plain meaning of its text. exclusion undermines the o Exceptions: Interpretation may be intent of the legislature, this required when the literal application principle does not apply. of the law leads to absurd or unjust 5. Public Service: If it would results. cause hardship, inconvenience, or injury to c. On the Principle that It is the Letter of the public service, the exclusion Law, but the Spirit That Gives Life (Ratio Legis) is inappropriate. Interpretation According to the Spirit of 6. Equal Protection: If the Law: exclusion violates the Equal o Meaning: It is not just the letter Protection Clause of the (literal meaning) of the law that Constitution, it cannot apply. governs, but the spirit (purpose or intent) of the law that brings it to life e. On the Principle that Special Provisions and ensures justice. Prevail Over General Provisions (Generalia o Quote: "It is not the letter of the law specialibus non derogant) that kills, but the spirit of the law that General Rule: Special laws override gives life." general laws because the specific law o Civil Code, Article 1375: "In case of reflects a more precise legislative intent. doubt in the interpretation or o Interpretation: Special laws are application of laws, it is presumed presumed to provide more tailored that the lawmaking body intended for guidance on a particular issue, right and justice to prevail." This whereas general laws are broader reflects that when there's doubt in and more inclusive.  o Exceptions: may be a valid excuse in certain 1. Repeal by Later General situations, particularly if it negates Law: If the legislature an element of the offense or crime. intends for a later, more general law to cover the i. On the Principle That When the Law Does Not subject matter and repeal all Distinguish, We Should Not Distinguish (Ubi lex prior inconsistent laws, the non distinguit, nec nos distinguere debemus) general law prevails. Meaning: "Where the law does not 2. General Rule in Special distinguish, neither should we." Law**: If the special law o General Rule: The law should be creates only a general rule applied uniformly without making while the general law creates distinctions that the legislature has a specific rule, the latter will not expressly made. prevail in cases of conflict. o Legislative Intent: If the legislature uses general terms or has not f. On the Principle That While the Law May Be made any qualifications, courts Hard, It Is the Law That Will Be Followed (Dura should not create distinctions where lex sed lex) none are made. Meaning: "The law may be harsh, but it is o Court's Role: Courts should only the law." distinguish when there are facts or o General Rule: Even if the law is circumstances showing that the difficult or seems unjust, the courts legislature intended to distinguish must follow it as it is written. between situations. In such cases, o Judicial Application: When the law courts would then give effect to the is clear and unambiguous, there is legislative intent. no alternative but to apply it, even if it leads to harsh or unintended consequences. o Legislative Role: If the law is considered unjust, it is the responsibility of the legislature to amend or repeal it. The judiciary is not empowered to change the law by judicial decree. g. On the Principle That Without Intent, There Can Be No Crime (Actus reus non facit reum nisi mens sit rea) General Rule: A person cannot be found guilty of a crime unless there is both the actus reus (the physical act) and the mens rea (the intent or guilty mind). o Meaning: The physical act alone is not sufficient for criminal liability; there must also be an intention to commit the criminal act, demonstrating guilt. h. On the Principle That Ignorance of the Law Excuses No One but Ignorance of Fact May Be an Excuse (Ignorantia juris non excusat) General Rule: Ignorance of the law is not a valid excuse. A person is presumed to know the law and must comply with it. o Exception: Ignorance of fact (not knowing the factual circumstances)