UNIVERSITY OF SANTO TOMAS C.

PURPOSE & OBJECTIVES OF CONSTRUCTION

FACULTY OF CIVIL LAW
1. Cardinal Rule in Interpretation: to ascertain, give
STATUTORY CONSTRUCTION effect to the intent of the law
ATTY. ARSENIK PAGADUAN 2. Determine legislative intent, what intention is
conveyed, whether expressly or impliedly
I. PRELIMINARY CONSIDERATIONS
D. SITUS OF CONSTRUCTION AND INTERPRETATION
A. DEFINITION OF STATUTORY CONSTRUCTION
In our system of government:
CONSTRUCTION 1. Legislative Power is vested in the Congress of the
Philippines
- Analyze the arrangement and construction of 2. Executive Power is vested in the President of the
words Philippines
- Understand or explain the sense or intention of 3. Judicial Power is vested in the Supreme Court and
words usually in a particular way or with respect to the lower courts
a given set of circumstances - Supreme Court and the lower courts
interpret the law
STATUTORY CONSTRUCTION - Have the power to construe and interpret
written laws
- Process of determining what a particular statute - The interpretation of the Supreme Court is
means so that a court may apply it accurately final and executory and has a binding effect
- The art or process of discerning and expounding - Courts of Justice settle controversies
the meaning and intention of the authors of the involving rights that are legally demandable
law, with respect to its application to a given case, and enforceable, and to determine whether
where that intention is rendered doubtful among or not there is a grave abuse of discretion
others, by reason of the fact that a given case is amounting to lack or excess of jurisdiction at
not explicitly provided in the law any branch or instrumentality of the
- Drawing of warranted conclusions respecting government
subjects that lie beyond the direct expressions of
the text, conclusions which are in the spirit, though E. REQUISITES BEFORE THE COURTS CAN INTERPRET
not within the letter of the text AND/OR CONSTRUE THE LAW
- It is an art because there is no fixed way of doing it
- Used to resolve legal controversies 1. There must be an actual case
- Rules and canons of Statutory Construction is not 2. There must be an ambiguity or vagueness in the law
always a law per se involved in the controversy

B. STATUTORY CONSTRUCTION DISTINGUISHED F. DEFINITION OF AMBIGUITY

FROM STATUTORY INTERPRETATION
- Abello v. Commissioner of Internal Revenue (G.R.
No. 120721; 23 February 2005)
Statutory Construction Interpretation

- Process of - The art of G. AMBIGUITY DISTINGUISHED FROM VAGUENESS

drawing finding the
warranted true Vagueness
conclusions meaning - Stated in a way that is general and not specific
respecting and sense - Vague if it has borderline cases
subjects that lie of any form
- Ubiquitous in the law, and frequently legal actors
beyond the direct of words
(courts and others who apply the law) must resolve
expressions or
determining the the borderline cases
application of - Lacks clear and specific meaning
words to facts in - Normally intentional in the part of legislation
litigations
AMBIGUITY

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 - Condition of admitting two or more meaning or - Situation where facts do not precisely fall within
reasonable explanation, of being understood in more the language of a statute but do so if the provision
than one way, or of referring to two or more things at is stretched
the same time
Ex​​: a. Open Terms
- The word ​‘cool’ has multiple possible - Form of Lexical Ambiguity
meanings - Some items are so vague, wide and
1. Social attractiveness subjective that they effectively cofer a
“He’s a cool dude!” discretion on a court
2. Cold
​“Mojito is a cool drink.” ​b. Partial Satisfaction
“Bring me a cool drink.” - Form of Lexical Ambiguity
- Sometimes a fact partially satisfies
H. ANALYZING AMBIGUITY AND THE DIFFERENT KINDS the expressed or assumed
OF AMBIGUITY requirements of a term

Chapter 25, Legal Reasoning (2011), Christopher Enright c. ​Implied Extension and Implied
Qualification
DIFFERENT KINDS OF AMBIGUITY - Can be explained as a statute’s
having a central meaning, an umbra
1. LEXICAL AMBIGUITY that its uncontentious, and a
- Ambiguity within words themselves possible or arguable wider meaning,
Ex​​: a penumbra that is contentious
“She owned hundreds of bats.”
1. Implied Qualification
2. RELATIONAL AMBIGUITY - Narrows the scope of a provision by
- Syntactic or grammatical ambiguity lessening the area that it covers
- Structure of sentences
Ex​​: 2. Implied Extension
“John enjoys painting his models nude.” - Extends the scope of a provision by
extending the area that it covers
3. IMPLICATION ​d.
- There is an implication from the text that the words
might be read either more widely or more narrowly I. VOID FOR VAGUENESS DOCTRINE
than their ordinary meaning
- Raises the question of whether the text should or - Lagman v. Medialdea (G.R. No. 231658; 04 July
should not be read as subject to the implication 2017)

4. COMPETING VERSIONS OF A RULE Void for Vagueness Doctrine

- Occurs only with common law - Holds that a law is facially invalid if men of common
- Arise when (example), one judge frames a rule intelligence must necessarily guess as to its
with one set of words while another judge frames meaning and differ as to its application
the rule with another set of words similar but not
identical with the first J. JUDICIAL LEGISLATION

5. CONFLICT BETWEEN RULES “No judge or court shall decline to render judgment by
- One rule regulates a situation in a way while a reason of the silence, obscurity or insufficiency of the laws.”
second rule regulates the situation another way (Article 9, Civil Code of the Philippines)
​Ex​​:
Case of Jaywalking - Article 9, Civil Code
First fine: PhP300 - Fetalino v. Comelec (G.R. No. 191890; 04
Second fine: PhP500 December 2012)
- Silverio v. Republic (G.R. No. 174689; 22 October
SPECIAL CASES 2007)

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 - Rural Bank of San Miguel v. Monetary Board (G.R. II. STATUTES
No. 150886; 16 February 2007)
- Reyes v. Lim (G.R. No. 134241; 11 August 2003) A. KINDS OF STATUTES
- Floresca v. Philex Mining Corporation (G.R. No.
30642; 30 April 1985) 1. AS TO SCOPE OF APPLICATION
- Republic v. Orbecido (G.R. No. 154380; 05 October
2005) a. General
- One which affects all of the people of the
● To declare what the law shall be is a legislative State or all persons or things of a particular
power, but to declare what the law is or has been, is class
judicial. However, the courts “do and must legislate”
to fill in the gaps in the law. The Court decided to go b. Special
beyond merely ruling on the facts of the existing law - One which relates either to particular
and jurisprudence. (Floresca v. Philex Mining; persons or things of a class or which
Republic v. CA and Molina) operates on a portion of a class instead of
all the classes

K. STARE DECISIS c. Local

- One which operates over a particular locality
STARE DECISIS instead of over the whole territory of the
State.
- A doctrine or policy of following rules or principles
2. AS TO INTERESTED PARTIES
laid down in previous judicial decisions, unless they
contravene ordinary principles of justice
a. Public
- There must be a substantial similarity in the cases
- One which concerns the interests of the
1. Factis Critical
public at large.
- If related to a cause of action
- iIt need not be a universal rule, in the sense
- Previous case is on point
that it applies to the entire territory or to all
2. ​Identical
the people.
- Case is squarely applicable
- It is enough that it concerns the public and
not merely a private interest, although it is
2 KINDS OF STARE DECISIS
local or special.
1​​. ​VERTICAL STARE DECISIS
b. Private
- One which relates to concerns and
- Deals with the duty of lower courts to apply the
affects particular individual; private
decisions of the higher courts to cases involving the
acts which specially enumerate by
same facts
name the person, political
subdivision, or classes of persons
2​​. ​HORIZONTAL STARE DECISIS
affected in a special manner.
- Requires that high courts must follow its own
3. AS TO EFFECT IN TIME
precedents

a. Prospective
a. Constitutional Stare Decisis
- One which anticipates the regulation
- Involves judicial interpretations of the
of future conduct and operates upon
Constitution
acts done and transactions
​b​. Statutory Stare Decisis
occurring after it takes effect.
- Involves interpretations of statutes.

b. Retrospective
- One that affects already committed
and operated on transactions
completed. It is intended to affect
rights which accrued before it
Compiled by Imong Mama (A.Y. 2018-2019)
Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 became operative, and ascribes to - One whose operation or activity is
their effects not inherent as their not limited to some particular term
nature considering the law in force or period, but continues in force until
at the time they accrued. repealed or amended.

4. AS TO PURPOSE b. Temporary
- One whose operation or effectivity is
a. Remedial limited to a fixed period or term. It
- Statutes which affect a remedy or continues in force up to the
improve or facilitate existing expiration of said period or term,
remedies for the enforcement of unless earlier repealed or amended.
rights and of redress of injuries.
- They include statutes for the 7. AS TO STAGE OF ENACTMENT
correction of defects, mistakes, and
omissions in the civil institutions and a. Original
administration of the state. - One which purports to be
independent of existing stratutory
b. Penal provision.
- Those statutes which impose a
punishment for the violations of its b. Amendatory
provisions. - One which expressly adds or supplements
- These statutes generally decline or works out an improvement in the original
certain acts or omissions to be law.
offenses against the state and
imposes penalties thereon. c. Repealing
- One which revokes or terminates another.
c. Curative
- Those which are enacted to cure d. Adopted
defects in a prior law or which - Those which are adopted wholly or in part
validate legal proceedings, by another state.
instruments, or acts of public
authorities which without such e. Re-Enacted
statutes would otherwise be void for - There are pre-existing statutes which are
want of conformity with certain passed by the same legislature which
existing legal requirements. originally enacted them in the same terms or
in substantially the same language and for
5. AS TO COERCIVE FORCE APPLIED the same purpose and object as the original
statute.
a. Mandatory
- A statute is mandatory if PARTS OF A STATUTE
non-compliance therewith renders
the proceedings to which it relates 1. TITLE
null and void.
- The heading on the preliminary part,
b. Directory furnishing the name by which the
- A statute or any of its provisions is act is individually known.
directory if non-compliance - It is usually prefixed to the statute in
therewith does not invalidate the the brief summary of its contents.
proceedings to which it relates
2. PREAMBLE
6. AS TO PERIOD OF EFFECTIVITY
- Part of statute explaining the
a. Permanent reasons for its enactment and the

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 objects sought to be accomplished. STATUTORY ANALYSIS
Usually, it starts with “whereas.”
- The interpretation and application of
3. ENACTING CLAUSE statutory law
- The process of determining whether a
- Part of statute which declares its statute applies to a specific fact situation,
enactment and serves to identify it how it applies, and the effect of that
as an act of legislation proceeding application
from the proper legislative authority.
- “Be enacted” is the usual formula ● When addressing a legal problem or issue
used to start this clause. governed by statutory law, it is
recommended that the three-step approach
4. BODY be followed.

- The main and operative part of the 1. DETERMINE WHETHER THE STATUTE
statute containing its substantive APPLIES
and even procedural provisions.
- Provisions and exceptions may also a. Locate all possible applicable statutes
be found. b. Determine which statutes apply

5. REPEALING CLAUSE 2. ANALYZE THE STATUTE

- Announces the prior statutes or a. Read the statute

specific provisions which have been b. Identify the statutory elements ​-- what
abrogated by reason of the does the statute specifically declare, require,
enactment of the new law. or prohibit

6. SAVING CLAUSE 3. APPLY THE STATUTE TO THE LEGAL

PROBLEM OR ISSUE
- Restriction in a repealing act, which
is intended to save rights, pending a. Chat Format
proceedings, penalties, etc. from the b. Narrative Format
annihilation which would result from
an unrestricted repeal.

7. SEPARABILITY CLAUSE

- Provides that in the event that one

or more provisions are
unconstitutional, the remaining
provisions shall still be in force

8. EFFECTIVITY CLAUSE

- Announces the effective date of the

law.

B. HOW STATUTES ARE ENACTED

See Chart of the Legislative Process posted at the

Official Gazette website.

C. STATUTORY ANALYSIS

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan
 III. PLAIN MEANING RULE/LITERAL IV. LINGUISTIC CANONS OF INTERPRETATION
RULE/VERBA LEGIS
See Statutory Construction by Ruben Agpalo (pp.
PLAIN MEANING 302-336)

- The most basic type of legal argument is A. WHOLE ACT RULE

one that is based upon the “plain meaning” B. EJUSDEM GENERIS
of legal text C. NOSCITUR A SOCIIS
- The law is simply what the words of the D. EXPRESSIO UNIUS EST EXCLUSIO
constitution, statute, regulation, or ordinance ALTERIUS
mean E. CASUS OMISUS

THREE SOURCES OF PLAIN MEANING RULE

1. Lay Usage
2. Dictionary Definitions
3. “Terms of Art”
- Words that have a specialized
meaning in the law
4. Definitional Sections of Statutes

● If plain meaning rule would lead to absurd

results, then you do not uphold the plain
meaning rule

ABSURD RESULTS
- Unjust consequences
- Contrary to the intention of the legislature

Compiled by Imong Mama (A.Y. 2018-2019)

Based on the lectures and discussion materials of Atty. Arsenik Pagaduan