I.

A. Discuss the meaning of the Plain-meaning rule

Where a statute defines a word or phrase employed therein, the word or phrase
should not, by construction, be given a different meaning. When the legislature
defines a word used in a statute, it does not usurp the courts function to interpret
the laws but it merely legislates what should form part of the law itself. Thus,
what is not clearly provided in the law cannot be extended to those
matters outside its scope.

B. Explain the relationship of the principle which states that “The law may be harsh,
but it is the law” (dura lex sed lex) with the plain-meaning rule.

The law must be applied regardless of who may be affected.

C. Explain the phrase “interpretation of the spirit or reason of the law” (ratio legis).
What is the limitation of this rule?

If a language is capable of more than one meaning is to be taken in such

sense as to harmonize with the intention and object and effectuate the
purpose of the enactment. Applies only when there is ambiguity in the
language employed in the law.

D. Discuss the principle that when the reason of the law ceases, law itself ceases.

The reason which induced the legislature to enact a law is the heart of the
law. Hence, the reason of the law is its soul.
Where a statute totally fails to express a meaning, a becoming sense of
judicial modesty forbids the court from assuming and, consequently, from
supplying a meaning to it. Hence, the statute is necessarily inoperative.

E. State the meaning of the following:

a. Construction to avoid absurdity

Statutes may be extended to cover cases not within the literal
meaning of the terms, if their exact and literal import would lead to
absurd or mischievous result nonsensical results.

b. Construction to avoid injustice

 The interpretation to be adopted is that which is free from evil or
injustice.

c. Construction to avoid danger to public interest

Where great inconvenience will result, or great public interest will be
endangered or sacrificed, or great mischief done, from a particular
construction of a statute, such construction is to be avoided.

d. Construction in favour of right and justice

Any doubt in the construction of a statute should be resolved in
favour of right and justice.

F. State the rule on Surplusages and superfluities.

Where a word, phrase or clause in a statute is devoid of meaning in

relation to the context or intent of the statute, or where it suggests a
meaning that nullifies the statute or renders it without sense, the word,
phrase or clause may be rejected as surplusage and entirely ignored.

G. What is the doctrine of necessary implication?

what is implied in the statute is as much a part of it as that which is
expressed.

II.

A. State and explain exhaustively by giving examples of the rule in the interpreting
the meaning and scope of the different terms used in law.

Words or phrases may have an ordinary, generic, restricted, technical, legal,

commercial or trade meaning, which may be defined by the statute itself or
have received a judicial construction. Which meaning should be given a word
or phrase rests upon what the legislature intended.

Ordinary meaning
 .
 Natural, ordinary, commonly accepted and most obvious signification

Statutory definition
 Statutes sometimes define particular words and phrases In this case,
the legislative definition controls the meaning of the word, irrespective
of the ordinary or common meaning But it is not a usurpation of the
 court’s function to interpret the laws, since it merely legislates what
should form part of the law itself.
General words
 Words of general significance in a statute is to be taken in its
ordinary and comprehensive sense.
 A general word should not be given a restricted meaning where no
restriction is indicated.
 If a word in a statute has both restricted and general meaning, the
general must prevail over the restricted unless the nature of the
subject matter or the context in which it is employed clearly indicates
that the limited sense is intended.

Commercial or trade meaning

 Words and phrases, which are common use among merchants and
traders, acquire trade or commercial meanings which are generally
accepted in the community in which they have common use. Hence,
the understanding of the trader determines the construction to be
given Usually applicable to tariff laws and laws of commerce.

Technical or legal meaning

 Words used in technical sense, or have been judicially construed to
have a certain meaning, or has a well-known legal meaning.

Identical terms
 The general rule is words or phrases repeatedly used in a statute will
bear the same and consistent meaning throughout the whole statute.

Qualified by purpose of statute

 The purpose is that which induced the legislature to enact the statute.
Hence, the court should adopt that interpretation that accords best
with the manifest purpose of the statute or promotes or realizes its
object.
 Construction should be rejected if it negates the purpose of the law.

Construed in relation to other provisions.

 Words and phrases must be interpreted in relation to other provisions,
and not in isolation.
 Variation of construction as a whole.

Dictated by context
 The context dictates how words should be construed.
 Disjunctive and conjunctive words
 Disjunctive words signify disassociation and independence of one
thing from each other enumerated (e.g. “or”).
 Conjunctive words means “together with,” “joined with,” “along or
together with,” “added to or linked to” used to conjoin word with word,
phrase with phrase, clause with clause.

B. Discuss the following principles and their applications:

a. Noscitur a sociis
 Where most of the word in an enumeration of words in a
statute are used in their generic and ordinary sense, the rest
of the words should similarly be construed.

b. Ejusdem generis
 While general words are accorded their generic sense, as a
rule, they will not be given such meaning if they are used in
association with specific words.
 When a general word follows an enumeration of particular
and specific words of the same class, the general word is
to be restricted to persons, things or cases of the same
kind as those specifically mentioned.

c. Expressio unius est exlclusio alterius

 Opposite of doctrine of necessary implication
 Generally used in the construction of statutes granting
powers, creating rights and remedies, restricting common
rights, and imposing penalties and forfeitures, as well as
those strictly construed.

Rule may be expressed in a number of ways:

i. Expressum facit cessare tacitum - what is expressed
puts an end to that which is implied where a statute,
by its terms, is expressly limited to certain matters, it
may not, by interpretation or construction, be extended
to other matters.
ii. Exceptio firmat regulam in casibus non exceptis - A
thing not being excepted must be regarded as coming
within the purview of the general rule.
 iii. Expressio unius est exclusion alterius - The
expression of one or more things of a class implies the
exclusion of all not expressed, even though all would
have been implied had none been expressed; opposite
the doctrine of necessary implication.

d. Doctrine of casus omissus

 A person, object or thing omitted from an enumeration
must be held to have been omitted intentionally.
 The maxim operates only if and when the omission has
been clearly established, and in such a case what is
omitted in the enumeration may not, by construction, be
included therein.

e. Rule of redendo singal singulis (referring each to each)

 Referring each phrase to its appropriate object.
 Let each be put in its proper place.
 Words should be taken distributively (Each word is to be
applied to the subject.

III.
A. Discuss the concept that a statute should be construed as a whole.

Maxim : Ut res magis valeat quam pereat (that construction is to be sought

which gives effect to the whole of the statute).

Importance in construction
The intent of the statute is ascertained from it taken as a whole. And this
purpose (intent) controls its construction- how each word and phrases may
be given meaning.

Construction of a statute as a whole

Because a statute is enacted as a whole and not in parts, every part is as

important as the other. Hence, in order to properly and intelligently construe a
provision or section of a statute, understand its meaning and scope, and
apply it to an actual case, the courts should consider the whole act itself.
 Construction to avoid conflict with the constitution:

A statute should not be construed in such a way that will give rise to a
constitutional doubt.
 If a statute is reasonably susceptible of two constructions, one
constitutional and one unconstitutional, that construction in favour of its
constitutionality shall be avoided and the construction that will render
it invalid rejected.
 Every intendment of the law should lean towards its validity, and the
court should favour that construction which gives it the greater
chance of surviving the test of constitutionality.
 Courts may be even justified in disregarding the more usual and
apparent import of the language used in the statute and in straining
the ordinary meaning of words to avert any collusion or repugnancy
between what the statute provides and what the Constitution requires.

B. What is the doctrine of in pari materia and how are statutes in pari materia
construed?

Statutes in pari materia

 Two or more statutes on the same subject were enacted at different
times and under dissimilar circumstances or conditions, their
interpretation should be in accordance with the circumstance or
conditions peculiar to each (distinguire tempora et concordabis jura
or distinguish times and you will harmonize laws)

Construing statutes in pari materia

Ask the question : Does the later act impliedly amended or repealed the
earlier statute?

General rule :
A statute will not be construed as repealing a prior act on the same
subject. In case of doubt, it will be resolved against implied amendment or
repeal and in favour of harmonization of all laws on the subject matter.

Exceptions :
1. Unless there is an irreconcilable repugnancy between them and
harmonization or reconciliation is not possible
 2. The new law evidently intended to supersede all prior acts on the matter
to comprise itself the sole and complete system of legislation on the subject

If harmonization is impossible:
 If there has been an implied repeal, the latter statute should be
construed as to modify the prior law no further than may be
necessary to effect the specific purpose of the latter enactment.
 If cannot be possibly harmonized, the earlier one must yield to the
later one, it being the latest expression of legislative will.

IV.
A. Enumerate the statutes that are to be strictly construed and explain the reason
for the said construction.

1. Penal statutes
Those which define crimes, treat of their nature, and provide for
their punishment
Strictly construed against the State and liberally in favour of the
accused

2. Statutes in derogation of rights

In the exercise of the police power, the legislature may enact
laws curtailing or restricting rights of the people. Because they are
in derogation of common or general rights, they are strictly
construed and confined within their scope.

3. Statutes granting privileges

Viewed with suspicion because grants of advents created special
privileges or monopolies for the grantees. Strict construction
requires that those who invoke the grant should strictly comply
with the provisions.

a. Legislative grants to local government units

Grants of public nature and should be construed strictly
against the grantee Gratuitous donation of public money or
property which would result in an unfair advantage to the
grantee
b. Naturalization laws
Strictly construed against the applicant for citizenship and
should be rigidly enforced and followed Reason : The right
 of an alien to become a citizen is a statutory and not a
natural one. It does not become vested until he files a
petition and establishes by competent and satisfactory
evidence that he has all the qualifications and none of the
disqualifications specified by law.
c. Statutes granting tax exemptions
The law frowns against exemption from taxation - It must be
strictly construed against the taxpayer and liberally in favor
of the taxing authority.

d. Statutes prescribing formalities of will

Strictly construed as to make noncompliance to the
statutory requirements shall invalidate the will. This is not a
matter of right of the testator but of the privilege given by
the legislature, hence, the intent of the legislature and not of
the testator should apply.

4. Statutes concerning the sovereign

 The government does not fall within the terms of any
legislation

a. Statutes authorizing suits against the government

o The sovereign is exempt from suit, in the absence
of its consent to be sued, is a universal rule.
o To justify a suit against the government, there
must be a law conferring the right to maintain the
action that must be plain and positive.

5. Exceptions and provisions

General rule : All doubts should be resolved in favor of the
general provision rather than the exception.
 Exceptions should be strictly but reasonably construed, and
extends only so far as their language fairly warrants –
 Provisos should be strictly construed since the legislature
sets forth in the general enactment its policy and only those
exempted by the proviso should be freed from the
operation of the statute.

B. Enumerate the statutes that are to be liberally construed and explain the reason
for the said construction.
1. General social legislation
 These are statutes enacted to implement the social justice
and protection-to-labor provisions of the Constitution, and are
construed liberally.
 The doubt should be resolved in favour of the persons
whom the law intended to benefit.
 For it is only by liberal construction that the constitutional
mandate may be realized

Limitation : Holds true only when there is doubt or ambiguity in the

law and not when it is clear and free from doubt.

2. Grant of power to local governments

The trend is from a limited self-government to full autonomy.
a. General welfare clauses –
Has two branches:
o The first branch relates to the municipal authority to
create ordinances and regulations as may be necessary
to carry into effect the powers and duties conferred upon
the local legislative bodies by law.
o The second branch authorizes such ordinances necessary
to provide for the general welfare (healthy, safety, peace
and order, promote prosperity and improve the morals)
Construed liberally in favour of the local governments
because the general welfare clauses are elastic and must
be responsive to various social conditions
b. Statutes granting taxing power to local governments
The local governments are now empowered to create their own
sources of revenues, hence, statutes limiting the taxing power
of local governments should be construed strictly against the
National Governments and liberally in favour of them.

3. Statutes prescribing prescriptive period to collect taxes

These are beneficial both to the government and to the taxpayer,
since:
 Tax officers would be obliged to act promptly in making
assessments.
 Citizens would have a feeling of security against tax agents
who takes advantage and harass taxpayers
Liberally construed in a way conducive to bring out the beneficial
purpose of affording protection to taxpayers.

4. Statutes imposing penalties for non-payment of taxes

 Liberally construed in favour of the government and strictly
interpreted against the taxpayer.
 This is to hasten payments of taxes and punish evasions.
 If condoned, government services will suffer If possible, it
should be interpreted to avoid tax evasions.

5. Election laws
 Reasonable and liberally construed to achieve the purpose-
to safeguard the will of the electorate in choosing their
representatives
It has three parts:
1. Provisions for the conduct of elections which election
officials are required to follow are mandatory before the
elections and directory after elections. These are liberally
construed so as not to vitiate the election.
2. Provisions which candidates for office are required to
comply are mandatory and failure to comply is fatal.
3. Provisions designed to determine the will of the electorate
are liberally construed, technical and procedural barriers
should not be allowed to stand if they constitute an
obstacle in the choice of elective officials.

6. Amnesty proclamations
Liberally construed in favour of the persons within the amnesty
grant to encourage the return to the fold of law those who have
veered away from it. The same goes with pardon since the two are
synonymous

7. Statutes prescribing prescription of crimes

Is in the nature of amnesty and should be liberally construed in
favour of the accused.
Its existence is a recognition and notification by the legislature of
the fact that time assigned to it destroys proofs of guilt

8. Adoption statute
Liberally construed in favour of the child adopted. This is in
consonance in the concept that adoption statutes, being humane
 and salutary, hold the interest and welfare of the child to be of
paramount consideration.

9. Veterans and pension laws

Liberally construed in favour of the persons intended to be
benefited
 Veterans laws are expression of gratitude to and recognition
of those who rendered service to the country by extending
monetary benefits.
 Pension and retirement laws intend to provide for
sustenance and comfort, when the former employee has no
longer the stamina to continue earning his livelihood after
devoting the best years of his life to public service.

10. Rules of Court

Liberally construed because of being procedural in nature. It should
not be interpreted to sacrifice substantial rights of the litigant at
the altar of technicalities to the consequent impairment of the
principles of justice.

11. Other statutes

a. Curative statutes –
Enacted to cure defects in a prior law or to validate legal
proceedings which would otherwise be void for want of
conformity with certain legal requirements. - Intended to supply
defects. Abridge superfluities and curb certain evils, and are
retroactive.
b. Redemptive laws –
Liberally construed to allow the debtor to have his property
appliquéd to pay as many debtor’s liabilities as possible - The
doubt should resolve in favor of exemption from execution or
attachment.
c. Warehouse receipt laws –
Given liberal construction in favor of the holder of such receipts
because they play an important role in modern commerce.
d. Probation law —
Liberally construed by extending the benefits to any one not
specifically disqualified. This is because of the goal of the probation
to give first-hand offenders a second chance to maintain his place
in society
e. Statutes granting power to an agency created by the Constitution
 V.

A. Distinguish mandatory and directory statutes

Mandatory statutes
 Positive- Commands that something be done, or performed in a
particular way.
 Negative- Prohibition; that something be not done, leaving the
person concerned no choice on the matter except to obey
- acts executed against the provisions of mandatory or prohibitory
laws shall be void.

Directory statutes
1. Permissive or discretionary in nature and merely outlines the act to
be done in such a way that no injury can result from ignoring it or
that its purpose can be accomplished in a manner other than that
prescribed and will have substantially the same result.
2. Statute which merely operates to confer discretion upon a person,
namely, to act according to the dictates of his own judgment and
conscience, and not controlled by the judgment and conscience of
others.

B. Discuss the different tests to determine whether a statute is mandatory or

directory in nature.

Test is to ascertain the consequences that will follow in case what the
statute requires is not done or what it forbids is performed.

There are two ways to determine whether a statute is mandatory or directory in

nature:
i. Language used
ii. Departure from the language

i. Language used
General rules :
1. Statutes using words of commands (shall, must, ought, should) or
prohibition (cannot, shall not, ought not) connotes compulsion and are
regarded as mandatory and imperative.
2. Negative words or those in form of an affirmative proposition
qualified by the word “only” have the force of exclusionary negation.
 3. This indicates the legislative intent to make the statute mandatory
and can rarely be directory.
4. Statutes using permissive words (may) or words importing
permissiveness are generally directory.
5. “May” as an auxiliary verb shows opportunity or possibility, it
implies a possible existence of something.

ii. Departure from the language

There is no universal rule to distinguish mandatory from directory
statutes. Neither is there an absolute test for determining whether a
statute is to be considered mandatory or directory. Hence, “shall”
may be construed as “may and vice versa. To determine the
construction, the legislative intent must be ascertained from all
surrounding circumstance:
1. Entire statute
2. Object
3. Purpose
4. Legislative history
5. Consequences

C. Enumerate and explain the mandatory statutes.

1. Statutes conferring power

 Confer upon a public body or officer power to performs acts
which concern the public interests or rights of individuals.
 The power is given not for the benefit of the public officer
but for third persons to meet the demands of rights and to
prevent a failure of justice.

2. Statutes granting benefits

 Requires certain steps to be taken or certain conditions to
be met before persons concerned can avail of the benefits
conferred by law.
 Failure of persons to take the required steps or to meet the
conditions will prevent him from availing of this benefits.
Maxim : vigilantibus et non dormientibus jura subveniunt (law aids
the vigilant, and not those who slumber on their rights) potior est
 in tempore, potior est in jure (he who is first in time is preferred
in right)

3. Statutes prescribing jurisdictional requirements

Requirements by which courts or tribunals acquire jurisdiction to
hear and decide cases must be strictly complied with (e.g.
publication before a court hear a petition for land registration,
written claim of refund to Commissioner of Internal Revenues
before actions for refund)

a. Statutes prescribing time to take action or to appeal.

 Maxim If a decision is adverse to a litigant, it absolutely
indispensable to take action or appeal at the prescribed time
in a the prescribed manner.
 This is to prevent needless delays and for the orderly and
speedy discharge of business.

b. Statutes prescribing procedural requirements

Every act which is jurisdictional, or is an essence of the
proceeding, or for the protection or benefit of the party affected.

4. Election laws on conduct of election

General rule : All provisions governing the conduct of elections and
prescribing steps for the election officials are mandatory before the
elections. If sought to enforce after election day, they become
directory only if this will deprive innocent voters, without fault on
their part, of their votes

5. Election laws on qualification and disqualification

 If a candidate failed to comply with said requirements, he is
disqualified to run, even if he received the highest number of
votes. Said votes will be considered void and will not be
counted.

6. Statutes prescribing qualifications for office

 Person not qualified at the time he assumed office, or if he
loses such qualification during his incumbency will be
ousted from office.

7. Statutes relating to assessment of taxes

  Assessment of taxes, intended to ensure the security of
citizens, the equality of taxation, the certainty as to the
nature and amount of each other’s tax, are mandatory.

8. Statutes concerning public auction sale

 Prescribed steps in public auction of properties are to be
followed strictly.

D. Enumerate and explain the directory statutes

1. Statutes prescribing guidance for officers

Intended to guide public officers in the conduct of business so long
as these do not limit their power (jurisdiction) or render its
exercise in disregard of the requisitions ineffectual. That is why
statutes jurisdictional in nature are mandatory, because it limits the
power of the officer and render their actions invalid (compare this
to statutes prescribing jurisdictional requirements under mandatory
statutes)

2. Statutes prescribing manner of jurisdictional action

These are the steps in judicial action followed by judges in the
exercise of their functions. The purpose is to provide an orderly
conduct of public business. But, the procedure is only secondary in
importance to substantive rights, and nonobservance of the former
should not be permitted to affect the latter.

3. Statutes requiring renditions of decision within the prescribed

period
 A judgment made after the prescribed date of promulgation
is not rendered invalid. But the officer who failed to comply
with the law may be dealt with administratively, as
consequence of his delay.
 Failure of judges to comply merely deprives them not of
their jurisdiction but their right to collect their salaries.

VI.

A. Distinguish prospective and retroactive statutes.

  Prospective statutes operates upon facts or transactions that occur after
the statute takes effect. It looks and applies to the future. These statutes
are indicated by the words “hereafter,” “thereafter,” “from and after the
passing of this Act,” “shall have been made,” “from and after,” “shall.”
On the other hand, retroactive statutes takes away or impairs vested rights
acquired under existing laws, creates new obligation, imposes a new duty
or attaches a new disability in respect to transactions already past. But it is
statute not made retroactive because it draws on antecedent facts for its
operation or part of the requirements for its application is drawn from a
time antedating its passage. The constitution does not prohibit the
enactment of a retroactive statute which does not impair obligations of
contract or divest rights that have become vested

B. Discuss the rule when statutes are given prospective effect.

 Laws operate prospectively, generally. It is a settled rule in statutory

construction that statutes are to be construed as having only
prospective operation, unless the intendment of the legislature is to
give them a retroactive effect, expressly declare or necessarily
implied from the language used. No court will hold a statute to be
retroactive when the legislature has not said so. If the law is silent
as to the date of its application and that it is couched in the past
tense does not necessarily imply that it should have retroactive
effect.

Art. 4 of the Civil Code which provides that “Laws shall have no
retroactive effect, unless the contrary is provided.”
Lex prospicit, non respicit – the law looks forward, not backward
Lex de future, judex de praeterito – the law provides for the future, the
judge for the past.

C. Discuss the rule when statutes are given retroactive effect.

The general rule is that, statutes cannot be given retroactive effect. However, the
following statutes can be given retroactive affect:
1. Procedural statutes
2. Curative statutes
3. Police power legislations
4. Statutes relating to prescription
5. Statutes relating to appeals