Statutory Construction and Its Continuing Importance

in the Study of Law

by:Mary Angelique L. Cabal

Introduction

The study of law is a never-ending observance of rules, which

is why law students are trained to always strictly follow and apply

directions in all the things that they do. A deviation from the rules may

lead to deductions. When one point differentiates a pass or fail grade

in a subject, deductions are not what law students want at the end of

the day. However, such ways aim to inculcate in the students a sense

of strict observance of set rules and directions. After all, the law is a

collection of rules accumulated, amended, and repealed over the

years. And as a general rule, rules are to be followed.

Such is the importance of following the law down to a T that

even that the Philippine Civil Code expressly states in Article 101 that

the law even if it might be harsh, must be applied, following the legal

maxim in statutory construction, dura lex sed lex. However, why is it

significant for law students to understand and deeply know the rules

of statutory construction?

Separation of Powers

1
Civil Code of the Philippines, Republic Act No. 386, Art. 10

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 One of the principles that law students first encounter is the law

of the separation of powers between among the executive, legislative,

and judiciary branches of the governemnt. This separation of powers

set boundaries as to what each branch can and cannot meddle with.

One prohibition is for the courts to question the wisdom behind the

laws. The courts cannot question as to a law’s significance or the way

it was crafted. The court can only intervene when there is an obvious

breach of constitutionality or when there has been a grave abuse of

discretion amounting to a lack or excess of jurisdiction of a given

body. This is provided for in the expanded powers of the judiciary in

the 1987 Philippine Constitution2.

Statutory Construction

Going back to the basics, statutes are written and

enacted by the legislature as one of the co-equal branches of the

government. It is their mandate and propose, enact, amend, and

repeal laws as they deem fit. In a way, they act as representatives of

the citizens, and their backgrounds are as diverse as the districts or

sectors that they are representing. Furthermore, some of the

lawmakers have no background in law. Therefore, it is unavoidable

that there are some instances where the laws that has been enacted

are peppered with ambiguities. If ambiguities abound the law, what

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CONSTITUTION, Article VIII, Sec.

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meaning prevails? During these times, the courts are duty-bound to

interpret the laws based on the the intrinsic and extrinsic aids

available. This is statutory construction.

Statutory construction is defined as the process determining the

meaning of a particular statute means so that a court may apply it

accurately3. It provides a set of rules and principles that courts follow

to ascertain the meaning of the law. Without it, people and the courts

risk running afoul the law. It may also lead to abuse of the powerful as

they can bend the law to their own benefits. Thus, statutory

construction serves to ensure that laws are interpreted under the

same rules and not subject to the whims and fancies of the judiciary.

In effect, statutory construction also paves the way to strengthen and

boost the confidence of people in the law and the justice system.

Verba Legis

Statutory construction also makes it easier for the executive

branch of the government to implement laws smoothly. It is

elementary learning in statutory construction that when the law is

clear, there is no room for interpretation or construction, just

application. Hence, the plain-meaning rule or verba legis. It might

seem common sense, but for those who have zero background in

3
Legal Information Institute, Statutory Construction. Available at:
https://www.law.cornell.edu/wex/statutory_construction

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law, this principle comes in handy in understanding the provisions of

the Constitution, the Civil Code, and the Revised Penal Code. It takes

away the daunting fear of encountering legal jargons or legalese as a

first-year law student. It somehow gives reassurance that the law is

for everyone, as it should be.

Noscitur a sociis

In relation, there is also the principle of noscitur a sociis wherein

the meaning of an unclear or ambiguous word is determined by the

words with which it is associated in the context4. This was further

explained in the case of Caltex v. Palomar5 when the Supreme Court

ruled in favor of Caltex, saying that if “consideration” as an element of

lottery is not associated with gift enterprise. Thus, Caltex’s contest

was not in violation of the Postal Law as was claimed by Postmaster

General Enrico Palomar.

Ratio Legis est Anima

Next is the principle of ratio legis est anima or the reason of the

law is its soul. This pertains to the legislative intent as to why a

certain law is passed. This gives the law its life because it shows that

4
Merriam Webster, noscitur a sociis. Available at:
https://www.merriam-webster.com/legal/noscitur%20a%20sociis#:~:text=Legal%20Definition%20
of%20noscitur%20a,is%20associated%20in%20the%20context
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People v. Palomar, G.R. No. L-19650, September 29, 9166

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the law evolves according to the call of the times. This principle

examines history, what was the social issues that the law was

supposed to address, what were the needs of those times. Through

this principle, law students gain a deeper understanding that the laws

are alive and responsive to the current times. The law is not a

two-dimensional ink on paper.

One good example is the evolution of the Philippine marriage

laws. The State has a duty to protect the sanctity of marriage

because family is believed to be one of the strongest foundations of

our society. As such, the State is highly involved in every step of the

marriage – from acquiring a certificate of no marriage up to the

issuance of a judicial decree of nullity of marriage. The State’s

protection of marriage is so strong that the Philippines is one of the

remaining two countries globally to have no divorce laws6.

The available remedies to couples are only legal separation,

annulment, and declaration of nullity of marriage. Each of these have

legal grounds which the contracting parties can use to file a petition.

However, these remedies take a lot of time and resources, which is

why the news about the recent decision by the Supreme Court this

6
ABC News. The Philippines is one of two countries where divorce is illegal, trapping women in
marriages. Available at:
https://www.abc.net.au/news/2018-10-09/the-philippines-is-one-of-two-countries-where-divorce-is
-illegal/10332600

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year on the interpretation of psychological incapacity in the case of

Tan-Andal v. Andal 7 case is celebrated in the country.

In the aforementioned case, the Supreme Court unanimously

modified the requirements of psychological incapacity as a ground for

nullity of marriage under Article 36 of the Civil Code8. The Supreme

Court clarified that psychological incapacity is a legal concept and not

a medical concept, which is total deviation from the previous

jurisprudence that requires an expert witness in the person of a

psychologist to certify that one or both of the contracting parties are

psychologically incapacitated to fulfill the essential marital obligations

stated in the Family Code9.

Prospectivity of Laws

Next, there is the prospectivity of the laws are prospective in

nature, that is they are not retrospective in nature. This is to make

sure that no law shall trample on the rights previously enjoyed by

people before the passing of a law. This is the general rule. However,

some laws are retrospective in nature. Statutory construction comes

in handy to further understand why laws are generally prospective in

nature. For law students, the prospective application of laws makes it

easier to understand the people’s constitutional rights to due process.

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An appreciation of the due process makes future lawyers alert when

they sense that there is a human rights violation by certain bills.

When the concept of due process is ingrained in every future lawyer,

they are able to serve justice when their time comes.

Recent Laws Prevail Over the Previous Ones

Next, there is the concept that recent laws prevail over the

previous ones. This concept force the students to keep on studying

even after passing the bar. Being up-to-date with the current laws and

jurisprudence is a lawyer’s duty to himself and to his clients. Not only

is it important, it is also necessary to make sure whether a certain

statute is still existing, is amended, or has been repealed by the

legislature. Without keeping up-to-date with the latest laws and

jurisprudence, a lawyer cannot make a solid argument to strengthen

his case. Additionally, it violates Canons 4 and 5 of the Code of

Professional Responsibility10, which states:

CANON 4 - A LAWYER SHALL PARTICIPATE IN THE

DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING

OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE

IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

10
Code of Professional Responsibility, Canons 4 and 5, June 21, 1988

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 CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL

DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL

EDUCATION PROGRAMS, SUPPORT EFFORTS TO

ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL

AS IN THE PRACTICAL TRAINING OF LAW STUDENTS

AND ASSIST IN DISSEMINATING THE LAW AND

JURISPRUDENCE.

The lessons of statutory construction in terms of understanding

that laws are prospective in nature build the character of the law

students in preparation for their law career as it makes them build

good study habits by keeping up to date with the latest developments

in the law practice and study.

Dura Lex Sed Lex

In terms of application, the law is applied even though it is

harsh. It is the duty of future lawyers to understand that the law, in

ensuring equal protection for everyone requires it to be applied to

everyone no matter how harsh its outcomes may be. It is not the duty

of the court to cut, trim, or color what is written in black and white.

Opening up the law to the individual interpretations of the court is like

opening Pandora’s box. However, this does not mean that there is no

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longer a recourse for someone who is suffering injustices. This just

means to say that the law does not discriminate.

This is an important lesson for laypersons and law students

alike. The law does not exist only for a few or for a certain kind of

people. The law is supposed to protect everyone and in so doing, it

can be harsh at times.

Conclusion

The lessons of statutory construction are not just about Latin

maxims that every law student must memorize. The lessons of

statutory construction are also life lessons and that a law student

carries across subjects and across his or her lifetime. The rules and

principles are also universal. Statutory construction is very important

in making sure that law students look at the law through the same

lens and angles. To do otherwise would be injustice in itself as

several interpretations and viewpoints would make the study of law

moot and unacademic.

If people can inject their own meaning or interpretation of

laws, there is no need for people to study law anymore because

anyone is given a license to interpret the law in their own ways.

Statutory construction makes the law a profession because it requires

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expertise and a deep understanding of the principles involved in

interpreting and constructing the meaning of ambiguous laws.

Without statutory construction, there would also be no need for

lawyers or judges because the legislative can already assert that they

can interpret the law because they were the ones who made it

anyway.

Therefore, statutory construction is the mind and soul of the

study of law. It is important today as it was important before. Many

laws have come and gone, but statutory construction is surely and

necessary to stay.

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