CHAPTER 3- AIDS TO CONSTRUCTION statute is officially promulgated, the language in

which it is written prevails over its transaction.

Intrinsic Aids – found in the printed page of the

statute itself. INTENT OR SPIRIT OF LAW – the intent or
spirit of the law is the law itself. Legislative intent
Extrinsic Aids - extraneous facts and or spirit is the controlling factor, the leading star
circumstances outside the printed page. and guiding light in the application and
interpretation of a statute.

INTRINSIC AIDS *the courts cannot by interpretation speculate as

to an intent and supply a meaning not found in
the phraseology of the law. They cannot assume
an intent in no way expressed and then construe
TITLE – “every bill shall embrace only one
the statute to accomplish the supposed
subject which shall be expressed in the title
intention, for otherwise they would pass beyond
itself.”
the bounds of judicial power to usurp legislative
GR: title can be an aid in case of doubt in the power.
language of the statute, there being none, no
need to resort.
POLICY OF LAW – once ascertained should be
given effect by the judiciary. One way of
PREAMBLE- states the purpose, reason, or accomplishing this mandate is to give a state of
justification for the enactment of the law. doubtful meaning, a construction that will
promote public policy.
Case: People v Purisima: Whether the carrying
of such weapon should be in relation of
subversion, rebellion, insurrection, lawless
PURPOSE OF LAW OR MISCHIEF TO BE
violence, criminality, chaos or public disorder as
SUPPRESSED- the court must look to the object
a necessary element of the crime. The court
to be accomplished, the evils to be remedied, or
noted that the severity of the penalty for the
the purpose to be subserved, and should give
violation of the decree suggests that it is a
the law a reasonable or liberal construction
serious offense which may only be justified by
which will best effectuate its purpose.
associating the carrying out of such bladed
weapon with any of the purposes stated in its *courts cannot assume some purpose in no way
preamble. expressed and then construe the statute to
accomplish the supposed purpose.

CONTEXT OF WHOLE TEXT – words, phrases,

sentences, sections, clauses, provisions. DICTIONARIES- the court may consult
Legislative intent should be accordingly be dictionaries where a statute does not define the
ascertained from the whole context of the words or phrases used therein.
statute, not from an isolated part or particular
provision.
CONSEQUENCES OF VARIOUS
CONSTRUCTION – in construing a statute, the
PUNCTUATION MARKS- grammatical marks. objective should always be to arrive at a
Aids of low degree and can never control against reasonable and sensible interpretation that is in
the intelligible meaning of written words. full accord with the legislative intent.
*Semi colon is used to indicate a separation in
the relation of the thought, a degree greater than
is expressed by comma. PRESUMPTION – to resolve doubts as to its
correct interpretation. Presumption are based on
logic, experience and common sense. This
includes presumptions in favor of the
CAPITALIZATION OF LETTER –
constitutionality of a statute, of its completeness,
HEADNOTES OR EPIGRAPHS- not entitled to prospective operation, right and justice etc.
much weight and inferences drawn therefrom
are of little value and can never control the plain
terms of the enacting clauses for they are not
part of the law.
B. LEGISLATIVE HISTORY

- the may take judicial notice of the origin

LINGUAL TEXT- a statute is officially and history of the statute which it is called
promulgated in English and Spanish, the English upon to construe and apply and of the facts
text shall govern, but in case of ambiguity, which affect its derivation, validity and
omission or mistake, the Spanish may be operation.
consulted to explain the English text. Where a
WHAT CONSTITUTES LEGISLATIVE
HISTORY

-period and the steps done from the time the bill
is introduced until it is finally passed by the
legislature. 8. Adopted statute
1. President’s message to legislature - foreign statutes which are adopted in this
- courts may refer to the messages of the country or from which local laws are patterned
president to the legislature to determine form part of the legislative history of the latter.
legislative intent of the statute enacted in GR: the decisions of the courts in such country
reponse to his request. construing those laws are entitled to great
weight in the interpretation of such local statutes
and will generally be followed if found
2. Explanatory note accompanying the bill reasonable and in harmony with justice, public
policy, and other local statutes.
-is a short explanation accompanying a
proposed legislation by its author or proponent, LIMITATION:
it contains statements of the reason or purpose
of the bill. 1. when it differ in some material aspect
2. foreign construction is clearly erroneous
3. Legislative debates, views and deliberation 3. where the adopting state has given the
statute its own interpretation
- the opinions and views expressed by the 4. the presumption that the foreign
legislature during floor deliberations of a bill may construction was adopted with the
not be given weight at all when: adoption of the statute no longer
1. There are circumstances indicating a obtains.
meaning of a statute other than that expressed *our law must be construed in accordance with
by the legislators. the intention of our own lawmakers and such
2. Where the views expressed were conflicting intent may be deduced from the language of
each law and the context of other local
3. Where the intent deducible from such views is legislation related thereto.
not clear or where the statute involved is free
from ambiguity.
9. Principles of common law

4. Reports of Commissions -where there is a conflict between a

common law principle and a statutory
Courts may properly refer to the reports of the provision, the SP prevails.
commission that drafted the code in aid of
clarifying ambiguities therein.
10. Conditions at time of enactment
- Consider the physical conditions of the
5. Prior laws from which statute is based country and the circumstances which
has necessary effect, in order to reach
-will show the legislative history that will clarify
an understanding as to the intent of the
the intent of the law or shed light on the
legislature or the meaning of the statute.
meaning and scope of the codified or revised
statute.

6. Change in Phraseology by amendments 11. History of the times

- The court may look to the history of the
- legislative intent to change the meaning of the
times, examine the state of things
provision from that it originally had.
existing when the statute was enacted,
and interpret it in the light of the
conditions obtaining.
7. Amendment by deletion

-indicates that the legislature intended to change

the meaning of the statute.

Xpns: the rule does not apply where the intent, C. CONTEMPORARY CONSTRUCTION
as shown by the history of the enactment is
- Construction placed upon statutes at the
clear that the amendment is precisely to plainly
time of or after their enactment by the
express the construction of the act prior to its
executive, legislature or judicial authorities,
amendment because its language is not
as well as by those who are knowledgeable
sufficiently expressive of such construction.
of the intent and purpose of the law.
Contemporanea exposition est optima et LEGISLATIVE APPROVAL
fortissima in lege – contemporary construction
is strongest in law. - Where the legislature has notice or
knowledge of a construction without
repudiating it, its silence is
acquiescence equivalent to continue the
EXECUTIVE CONSTRUCTION practice.
3 TYPES OF EXECUTIVE INTERPRETATION REENACTMENT- the most common act of
1. Construction by an executive or legislative approval.
administrative officer directly called to
implement the law. (may be expressed
or implied)
2. Construction by the secretary of Justice
3. Interpretation handed down in an
adversary proceeding in the form of
ruling by an executive officer exercising
quasi-judicial power. STARE DECISIS et non quieta movere. – one
should follow past precedents and should not
disturb what has been settled. Once a case has
WEIGHT ACCORDED TO been decided one way, then another case,
CONTEMPORANEOUS CONSTRUCTION involving exactly the same point at issue,
SHOULD BE DECIDED IN THE SAME
- It is entitled to great weight and MANNER.
respect by the courts in the
interpretation of ambiguous IT IS NOT ABSOLUTE
provisions of law, and unless it is *if found to be contrary to law, when there are
shown to be clearly erroneous, conflict between the precedent and the law.
contemporaneous construction will (only the SC can change or abandon precedent)
control the interpretation of statute
by the courts.

REASON: OBITER DICTUM – does not fall within Stare

Decisis. Opinion expressed by a court upon
1. Because it comes from the particular some question of law which is not necessary to
branch of the government called the decision of the case.
upon to implement the law and
presumed to have familiarized such.

it may be disregarded if there’s no ambiguity or

the construction is erroneous and contrary exist.

WEIGHT ACCORDED TO USAGE AND

PRACTICE

- Best interpreter of the law is usage.

CONSTRUCTION OF RULES AND

REGULATION

-Rules and regulations issued by executive or

administrative officers have the force and effect
of law. The interpretation of those charge with
the enforcement is entitled to great weight.
Administrative agency has the power to interpret
its own rules and becomes part of the rules.

ERRONEOUS CONTEMPORANEOUS
CONSTRUCTION DOES NOT PRECLUDE
CORECTION NOR CREATE RIGHTS

LEGISLATIVE INTERPRETATION

- Provide how statutes be construed.