GROUP-III-Aids-to-Construction-1.pdf

ARELLANO UNIVERSITY SCHOOL OF LAW Group 3 : Cruz, Francesca Marie P. Dadivas, John Lemuel B. Gallevo, Sheena May H. Labrador, Judielyn S. Marquez, Ja...

ARELLANO UNIVERSITY SCHOOL OF LAW Group 3 : Cruz, Francesca Marie P. Dadivas, John Lemuel B. Gallevo, Sheena May H. Labrador, Judielyn S. Marquez, Jade M. Postor, Ma. Katrina Q. Villafuerte, Kate M. Professor : Atty. David L. Ballesteros Subject : Statutory Construction | 52 | Thursday | 7:30 – 9:30 PM STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 1  TABLE OF CONTENTS A. IN GENERAL 3-5 1. Generally 2. Title 3. Preamble 4. Context of whole text 5. Punctuation marks 6. Capitalization of letters 7. Headnotes or Epigraphs 8. Lingual text 9. Intent or spirit of law 10. Policy of law 11. Purpose of law or mischief to be suppressed 12. Dictionaries 13. Consequences of various constructions 14. Presumptions B. LEGISLATIVE HISTORY 5-9 1. President’s Message to legislature 2. Explanatory note 3. Legislative debates, views and deliberations 4. Reports of commissions 5. Prior laws from which a statute is based 6. Amendments of statutes 7. Adopted statutes 8. Conditions at the time of enactment 9. History of the time C. CONTEMPORARY CONSTRUCTION 9-14 1. Generally 2. Executive construction 3. Weight accorded to contemporaneous construction 4. Weight accorded to usage and practice 5. Construction of Rules and Regulations 6. Reasons why contemporaneous construction is given much weight 7. When contemporaneous construction is disregarded 8. Erroneous contemporaneous construction does not preclude correction nor create rights; exceptions 9. Legislative Interpretation 10. Legislative approval 11. Reenactment 12. Stare Decisis et non quieta movere STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 2  A. IN GENERAL 1. Generally Where the meaning of a statue is ambiguous, the court is warranted in availing itself of all illegitimate aids to construction in order that it can ascertain the true intent of the statute. Aid to construction are those found in the printed page of the statute itself, known as intrinsic aids, and those extraneous facts and circumstances outside the printed page, called extrinsic aids. 2. Title The title may indicate the legislative intent to extend or restrict the scope of the law, and a statute couched in a language of doubtful import will be construed to conform to the legislative intent as disclosed in its title. The rule that the title may serve as a guide carries more weight in this jurisdiction because of the constitutional requirement that every bill shall have one subject as expressed in the title thereof. When the text is clear it is improper to resort to its title to make it obscure. The title may be resorted in order to remove, but not to create doubt or uncertainty. 3. Preamble It is that part of the stature written immediately after its title which states the purpose, reason or justification for the enactment of the law and usually expressed in the form of “whereas” clauses. Though it is not, strictly speaking, a part of a statute, it is the key to the statute for its sets out the intention of the legislature. It may restrict what otherwise appears to be a broad scope of a law, or require, in the commission of a crime, an element not clearly expressed in its text. It may express the legislative intent to make the law apply retroactively, in which case the law has to be given retroactive effect, so as to carry out such intent (PNB v. Office of the President). 4. Context of whole text To ascertain legislative intent is the statute itself taken as a whole and in relation to one another considering the whole context of the statute and not from an isolated part of the provision. The meaning dictated by the context prevails. Every section, provision, or clause of the statute must be expounded by reference to each other in order to arrive at the effect contemplated by the legislature. STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 3  5. Punctuation marks Punctuation marks are aids of low degree and can never control against the intelligible meaning of written word. The reason is that punctuation marks are not part of a stature; nor are they part of the English language (Feliciano v. Aquino). Semi- colon – used to indicate a separation in the relation of the thought, what follows must have a relation to the same matter it precedes it. Comma and semi- colon are used for the same purpose to divide sentences, but the semi – colon makes the division a little more pronounce. Both are not used to introduce a new idea. An ambiguity of a statute which may be partially or wholly solved by a punctuation mark may be considered in the construction of a statute. 6. Capitalization of letters Capitalization is also an aid of low degree in the construction of statute. Example: in a statute which provides that “ a will made within the Philippine Islands by a citizen or subject of another state or country, which is executed in accordance with the law of the state or country of which he is a citizen or subject, and which...” , in force at a time when the Philippines was still a territory of the US, the fact that the words “state and country” are not capitalized does not mean that the United States is excluded form the phrase “another state or country.” 7. Headnotes or epigraphs Headnotes, headings, or epigraphs of sections of a statute are convenient index to the contents of its provisions. However they are not entitled too much weight, and inferences drawn therefrom are of little value and they can never control the plain terms of the enacting clause, for they are not part of the law. Secondary aids, such as headnotes or epigraphs, may be consulted to remove, but not to create nor to limit or control the plain language of the law. 8. Lingual text Philippine laws are officially promulgated either in English, Spanish or Filipino, or either in two such languages. The rule is that, unless otherwise provided, where a statute is officially promulgated in English and Spanish, the English text shall govern, but in case of ambiguity, omission or mistake, the Spanish may be consulted to explain the English text. 9. Intent or spirit of law The intent or spirit of the law is the law itself, For this reason, legislative intent or spirit is the controlling factor, the leading STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 4  start and guiding light in the application and interpretation of a status. If legislative intent or spirit is not expressed in some appropriate manner, the court cannot by interpretation speculate as to an intent and supply a meaning not found in the phraseology of the law. 10. Policy of law Once ascertained should be given effect by the judiciary. One way of accomplishing this mandate is to give a statute of doubtful meaning, a construction that will promote public policy, also would carry into effect the evident policy of the law should be adopted in favor of that interpretation which would defeat it. 11. Purpose of law or mischief to be suppressed The purpose or object of the law or the mischief intended to be removed or suppressed and the causes which induced the enactment of the law are important factors to be considered in its construction. 12. Dictionaries Generally define words in their natural, plain and ordinary acceptance and significance. 13. Consequences of various constructions The consequences of various constructions offered will be inquired into as additional aid to interpretation. 14. Presumptions Are based on logic, experience and common sense, and in the absence of compelling reasons top the contrary, doubts as to the proper and correct construction of a statute will be resolved in favor of the construction which is in accord with the presumption on the matter. B. LEGISLATIVE HISTORY The origin and history of the statute Refers to all its antecedents from its inception until its enactment into law. Covers the period and steps done from the time the bill us introduced until it is finally passed by the legislature 1. President’s Message to legislature 2. Explanatory note 3. Legislative debates, views and deliberations 4. Reports of commissions 5. Prior laws from which statute is based STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 5  6. Amendment of the statute 7. Adopted statutes 8. Conditions at the time of enactment 9. History of the times 1. President’s Message to legislature The President’s address usually contains proposed legislative measures. It indicates his thinking on the proposed legislation which, when enacted into law, follows his line of thinking. 2. Explanatory note Short exposition or explanation accompanying a proposed legislation by its author or proponent. ü Contains reason or purpose of the bill ü Arguments advanced by the author in urging its passage Exception: The court may not use the explanatory note as basis for giving a statute a meaning that is inconsistent with what is expressed in the text of the statute. It is resorted only for clarification in case of doubt. 3. Legislative debates, views and deliberations Actual proceedings of the legislative body (committee reports of legislative investigations and public hearings, sponsorship speech, debates and deliberations) The discussions on the bill may contain the meaning which was put to the provision The views expressed by the legislators are not controlling in the interpretation as to the Bill’s purpose, meaning or effect Reason: Statements made by a legislator during floor deliberations do not reflect the views of the entire house. It is impossible to determine with authority what construction was put upon by members of the Congress who passed the bill. Those who did not speak may not have agreed with those who did; and those who spoke might differ with each other (Manila Jockey Club v. Games and Amusement Board) Exceptions: ü There are circumstances indicating a meaning other than that expressed by a legislator ü Views expressed where conflicting ü Intent deducible from such views is not clear ü Statute is free from ambiguity ü When the legislator is not a member of the congress that enacted it. STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 6  4. Reports of commissions Usually present in the codification of laws for they compile and collate all laws on a particular subject and prepare a draft of the proposed code 5. Prior laws from which a statute is based Part of the antecedent of the statute involved are prior laws on the same subject Especially applicable in the interpretation of codes and revised or compiled statutes Shows the legislative history that may clarify the intent of the law or shed light on its meaning and scope 6. Amendments of statutes Applies when the deleted words or phrases are not surplusage or when the intention is clear to change the previous meaning of the old law. 1. Change in phraseology by amendment ü This indicates the intent to change the meaning of the provision from that it had originally ü Where there is a showing that a statute has undergone several amendments and each amendment used different phraseology, the deliberate change of words is an indication of the intent to change the meaning (Portillo v. Salvani) Presumption: There must be some purpose in making changes which should be ascertained and given effect. 2. Amendment by deletion ü Deleting certain words or phrases in a statute indicates the legislative intent to change its meaning Presumption: The legislature would not have made the deletion had the intention been not to effect a change in meaning. Exception to the rule that amendment indicates change: Does not apply where the intent is clear that the amendment is precisely to plainly express the construction of the act prior to its amendment because its language is not sufficiently expressive of such construction. STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 7  Reason: Remember that in codification, revision and compilation of laws, condensation and brevity is necessary. Words that do not materially affect the statute are omitted. 7. Adopted statutes Foreign statutes adopted in this country form part of its legislative history. General rule: The interpretation and decision of foreign courts are given great weight if the local statute was patterned after or copied from those of another country. Presumption: In adopting foreign statutes, the legislature is deemed to adopt also the previous judicial construction and practical application of said statute in that country. Exceptions: ü Where there is material difference between the foreign and local law ü Where the foreign construction is patently erroneous or has not been settled ü Where foreign construction is not reasonable, not in harmony with justice, public policy and other local statutes ü Where the local court has given its own construction to said statute 8. Conditions at the time of enactment Physical conditions of the country and the then circumstances that may affect the legislative intent The Court should place itself in the situation of the legislature during that time Presumption: Statutes do not operate in a vacuum. In enacting a statute, the legislature is presumed to have taken into account the existing conditions of things at the time of enactment. 9. History of the time Almost similar to taking into consideration the condition at the time of enactment The law, being a manifestation of social culture and progress, must be interpreted taking into consideration the stage of such culture and progress including all concomitant circumstances Presumption: Law is not a watertight compartment sealed or shut off from the contact with the drama of life which unfolds STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 8  before our eyes. It is not a cloistered realm but a busy state in which events are held up to our vision and touch our elbows. C. CONTEMPORARY CONSTRUCTION 1. Generally also known as practical constructions Constructions placed upon statutes at the time of, or after, their enactment by the executive, legislature, or judicial authorities as well as draftsmen and bill sponsors who are knowledgeable of the intent and purpose of the law. An invaluable aid in the construction, by the courts, of ambiguous or doubtful provisions of law. Contemporanea expositio est optima et fortissima in lege - the contemporary construction is strongest in law. 2. Executive construction Common understanding as contemporaneous construction is the construction placed upon to execute or administer such statute. Executives and administrative officers are generally the first officials to interpret the law. Such interpretations are in the form of rules and regulations, circulars, directives, opinions and rulings. Three types of Executive Interpretations of the law 1. Construction by an executive or administrative officer directly called to implement the law which could be expressed or implied. ü Expressed interpretation - circular, directive or regulation ü Implied interpretation - interpretation by usage or practice. Mode of enforcement of not applying the statute to certain situations or applying it in a particular manner. 2. Construction by the Secretary of Justice as the chief legal adviser of the government. ü It is in the form of opinions issued upon request of administrative or executive officials who enforce the law. ü If there is an absence of judicial ruling on the matter the opinions of the Secretary of Justice are generally controlling among the administrative and STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 9  executive officials of the government unless disapproved by the president. ü The president or the executive secretary or by authority of the president has the power to modify, alter or reverse the construction of a statute given by the department secretary. 3. Interpretation handed down by an executive official (exercising quasi-judicial power) in an adversary proceeding. 3. Weight accorded to contemporaneous construction If there is doubt to the proper interpretation of a statute, the uniform construction by the executive or administrative officer charged with its enforcement will be adopted if necessary to resolve the doubt. Contemporaneous construction is very probably true expression of the legislative purpose, especially if construction is followed for a period of time. Such contemporaneous construction is entitled to great weight and respect by the courts in the interpretation of ambiguous provisions of law which will control the interpretation of statute by the courts, unless it is clearly shown to be erroneous. In the absence of error or abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment creating or charging a governmental agency, the action of the agency would not be disturbed by the courts. The courts give much weight to the government agency or officials charged with the implementation of the law, their competence, expertness, experience and informed judgment and the fact that they frequently are the drafters of the law they interpret. Weight given to a contemporaneous construction increases as the period in which it is followed and observed lengthens and its acceptability widens. In view of the long continued construction which is placed upon by government officials have continued, the fact that the Congress has not seen fit to repeal or change the law is a very potent argument in favor of sustaining that construction. The rule that contemporaneous construction is entitled to great weight and respect in the interpretation of a statute especially under the 1973 constitution where some of the ministers or heads of executive ministries or departments are also members in Batasang Pambansa. With this, it is presumed that the executive official, being a member of the legislature, knew legislative intent and reflected that intent in his construction of the law. STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 10  4. Weight accorded to usage and practice The principle of contemporaneous exposition, common usage and practice under the statute, or a course of conduct indicating a particular undertaking of it, is frequently of great value in determining its real meaning, especially where the usage has been acquiesced in by all the parties concerned and has extended over a long period of time. Optimus interpres rerum usus - Usage is the best interpreter of the law. When the legislature chose not to specify in express terms of things certain to a statute to not disturb the then prevailing practice and the statute thus be so construed as not to change the practice. 5. Construction of Rules and Regulations Rules and regulations issued by executive or administrative officers pursuant to, and as authorized by, law have the force and effect of laws. With this rulemaking power, authorities sustain the principle that the interpretation by those charged with their enforcement is entitled to great weight by the court in the construction of such rules and regulations. Administrative agency has the power to interpret its own rules and such interpretation becomes part of the rules. 6. Reasons why contemporaneous construction is given much weight It comes from the particular branch of government called upon to implement the law thus construed. Factors leading the court to give the principle of contemporaneous construction much weight are respect due the government agency or officials charged with the implementation of the law, their competence, expertness, experience, and informed judgment, and the fact that they frequently are the drafters of the law they interpret. Unless such construction is clearly shown to be in sharp contrast with the governing law or statute. There is the need for certainty and predictability in the law. Such as a statute is enacted, a regulation is issued to implement it. People will go on living and transactions will be concluded under the statute. 7. When contemporaneous construction is disregarded The court may disregard contemporaneous construction, where there is no ambiguity in the law, where construction is clearly erroneous, where strong reason to the contrary exists, and STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 11  where the court has previously given the statue a different interpretation. If the contemporaneous construction is erroneous, the same must be declared null and void. 8. Erroneous contemporaneous construction does not preclude correction nor create rights; exceptions A vested right may not arise from a wrong interpretation of a law by an administrative or executive officer whose primary duty is to enforce, and not to construe, the law. The rule is not absolute. Exception: in the interest of justice and fair play (e.g. tax cases) 9. Legislative Interpretation The legislature may provide in the statute itself an interpretative or declaratory clause prescribing rules of construction or indicating how its provisions should be construed; may also define the terms used in a statute. However, ü Even if the legislature indicates the construction of a law, it cannot limit or restrict the power granted to the Courts by the Constitution i. Even if by defining a term, the legislature cannot make the definition conclusive with regards to the statute defining the term, also for other statutes or as used elsewhere ü Legislative interpretation of a statute is not controlling, but is entitled to respectful consideration (this goes for the construction of the executive branch as well, which is responsible for the enforcement of a statute) 10. Legislative approval The legislature may, by action or inaction, approve or ratify such contemporaneous construction, manifested in ways including: ü When it reenacts a statute previously given a contemporaneous construction ü Uses words similar in their import to the language of an earlier law which has received a practical interpretation ü Amends a prior statute without providing anything which would restrict, change or nullify the previous contemporaneous construction placed on the prior law. STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 12  ü Appropriating money for the officer designate to perform a task pursuant to an interpretation of a statute ü Not repudiating the construction placed upon a statute by an executive officer charged with its implementation. Ratihabitio mandato aequiparatur: legislative ratification is equivalent to a mandate 11. Reenactment The principle of legislative approval by reenactment states that the reenactment of a statute, previously given a contemporaneous construction, is a persuasive indication of the adoption by the legislature of the prior construction. ü In order to be applicable: the earlier law must have been reenacted and not merely amended and the contemporaneous construction must be in the form of a regulation, duly published, to implement the law; not merely an administrative ruling embodied in a letter to a specified individual 12. Stare Decisis et non quieta movere Supreme Court decisions applying or interpreting a statute is controlling with respect to the interpretation of a statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import because the interpretation of a statute by the Supreme Court forms part of the statute itself and of the legal system. (Art. 4, NCC) Stare decisis: legal maxim which requires that past decisions of the Court be followed in the adjudication of cases Follow past precedents and should not disturb what has been settled Rule rests on the desirability of having stability in the law A ruling of the Supreme Court, in order that it will come within the doctrine of stare decisis, must be categorically stated on an issue expressly raised by parties, it must be a direct ruling. It cannot be applied if the Court resolved a question: ü sub silencio - “under or in silence”; without notice being taken or without making a particular point of the matter in question ü obiter dictum - an opinion “in passing”; an opinion expressed by a Court upon some question of law which is not necessary to the decision of the case before it STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 13  Not absolute; if found contrary to law, must be abandoned Does not and should not apply when there is a conflict between the precedent and the law Only the Supreme Court itself can change or abandon a precedent it has enunciated; until it has overruled a principle or doctrine enunciated in a case, inferior courts are bound to follow it STATUTORY CONSTRUCTION 2009 EDITION | RUBEN E. AGPALO 14