STATUTORY

CONSTRUCTION
 COURSE SYLLABUS
• INTRODUCTION
• SUBJECT MATTER OF CONSTRUCTION
• VERBA LEGIS AND RATIO LEGIS
• PRINCIPLES OF CONSTRUCTION
• CONSTRUCTION OF WORDS AND
PHRASES ON A STATUTE
• EXTRINSIC AIDS OF CONSTRUCTION

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 • CONSTRUCTION OF CONFLICTING
PROVISIONS
• PROSPECTIVITY AND RETROACTIVITY
• INTERPRETATION OF CONTRACT

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 1. Helps prepare the law student for the task
of studying, interpreting, and constructing laws
in the various subjects;
2. Enables the law practitioner to prepare his
pleadings and court arguments and to
anticipate what the adversary would use as a
WHY IS IT defense, objection, or counter argument in
cases involving interpretation of contract
NECESSARY TO and/or construction of statute;
STUDY 3. Essential for Notary Public to make sure that
the documents that he has prepared reflect the
STATUTORY true intention of the parties in clear and
unequivocal language
CONSTRUCTION?
4. Necessary for the promulgation of future
statutes such that , it may diminish ambiguities in
the wordings and promote careful study of statutes
that are in pari materia; and

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 3 branches of the government:
1. Legislative - power to MAKE laws, alter, and repeal
them through the power vested in the Philippine
Congress.
2. Executive - power to ENFORCE the law.
3. Judiciary - power to INTERPRET the law.
STATUTORY CONSTRUCTION
Statute Construe
CONSTRUCTION IS A JUDICIAL POWER
To declare what the law shall be is a legislative power
but to declare what the law is or has been is judicial.

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 WHAT IS JUDICIAL POWER?
Judicial power is defined as the right of the courts to
settle actual controversies arising between adverse
litigants, duly instituted in courts of proper jurisdiction.
It includes the duty of the courts of justice to settle
actual controversies involving rights which are legally
demandable and enforceable and to determine
whether or not there has been grave abuse of
discretion amounting to lack or excess of jurisdiction
on any part of any branch or instrumentality of the
government.

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 WHAT IS STATUTORY CONSTRUCTION?
Caltex v Palomar defines it as the “art or
process of discovering and expounding the
meaning and intention of the authors of the law
with respect to its application to a given case
where that intention is rendered doubtful,
among others, by reason of the fact that the
given case is not explicitly provided for in the
law.”

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 Another definition of Statutory
Construction;
- The act or result of construing,
interpreting or explaining the meaning
or effect of a statute or a contract.
LEGAL HERMENEUTICS or the branch
of science which establishes the
principles and rules of interpretation
and construction of written laws.

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 CHARACTERISCS OF STATUTORY CONSTRUCTION

2. It
1.It is an Art orinvolves
Process the determination
3. It is necessary 4.
when
It is a the
ofFunction
legisla
Legislative
Judicial In

The primary Defining and

objective of Where the law is
clear and interpreting a
It does not depend construction is
on a set of unambiguous, law is a judicial
formulas that can
to ascertain function.
and give effect there is no room
be readily applied
to every case. to the for construction,
intention of but only room
the for
legislature. interpretation.

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CARDINAL RULE IN STATUTORY CONSTRUCTION

• In construing an ambiguous statute, the

court must see to it that statutes will be
construed, not according to the letters of
the law that kill it, but on the spirit or intent
that gives life to it.
DIFFERENCE BETWEEN INTERPRETATION AND
CONSTRUCTION
• Construction – drawing of • Interpretation –
conclusions with respect process of discovering
to subjects that are the true meaning of
beyond the direct the language used.
expression of the text
from elements known
and given in the text.
The situs of both construction and
interpretation belong the judicial department.
2 REQUISITES FOR THE COURTS TO CONSTRUE AND
INTERPRET A LAW
 1. There must be an actual case or
controversy.
2. There is ambiguity in the law
involved in the controversy.

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WHEN IS THERE AMBIGUITY
 There is ambiguity when there
is doubtfulness, doubleness of
meaning, duplicity,
indistinctiveness, or uncertainty
of meaning of an expression
used in a written instrument.
The language used is wanting in
clearness or definiteness,
difficult to comprehend and
distinguish, and of doubtful
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TESTS IN DETERMINING AMBIGUITY
 1. TEST OF MULTIPLE
INTERPRETATION
When the statute is capable of
two or more interpretation, such
that men of common intelligence
must necessarily guess at its
meaning and differ as to its
application.

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 2. TEST OF IMPOSSIBILITY
- When literal application is impossible
or inadequate

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 TEST OF ABSURDITY OR
UNREASONABLENESS
When a literal interpretation of
the statute leads to an unjust,
absurd, unreasonable, or
mischievous result, or one at
variance with the policy of the
legislation as a whole.

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 (Labor Code) Art. 4. All
doubts in the implementation
and interpretation of the
provisions of this Code,
including its implementing
rules and regulations, shall
be resolved in favor of Labor.

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 ARTICLE 1O: In case of doubt
in the interpretation, or
application of Laws, it is
presumed that the law
making body intended right
and justice to prevail. (NCC)

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 Republic Act No. 7160 Local
Government Code of 1991
Section 5. Rules of
Interpretation

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RELATED LEGAL PRINCIPLES
 DOCTRINE OF SEPARATION OF
POWERS
Under this doctrine the Constitution vests in the legislative branch of
government the power to enact laws, the executive branch, the power to
execute laws; and in the judicial branch the power to interpret laws.

IMPOSES LIMITATION ON THE EXERCISE OF JUDICIAL POWER

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 ILLUSTRATIVE CASE

• SALVADOR ESTIPONA, JR. Y ASUELA, PETITIONER, HON. FRANK E.

LOBRIGO, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH
3, LEGAZPI CITY, ALBAY, AND PEOPLE OF THE PHILIPPINES,
RESPONDENTS.
•
• ISSUE: Is Section 23 of Republic Act (R.A.) No. 9165 is challenged for bring
unconstitutional?
•
• SEC. 23. Plea-Bargaining Provision. – Any person charged under any provision
of this Act regardless of the imposable penalty shall not be allowed to avail of
the provision on plea-bargaining.

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 ILLUSTRATIVE CASE

HELD: Yes, Section 23 of Republic Act (R.A.) No. 9165

is UNCONSTITUTIONAL for being contrary to the rule-making authority of
the Supreme Court under Section 5(5), Article VIII of the 1987 Constitution.
• Rule-making power of the Supreme Court under the 1987
Constitution. Section 5(5), Article VIII of the 1987 Constitution explicitly
provides that the power to promulgate rules of pleading, practice and
procedure is now the exclusive domain of the Supreme Court and no longer
shared with the Executive and Legislative departments.
• The trias politica principle prevents Congress from promulgating
rules regarding pleading, practice and procedure.
• Plea bargaining is a rule of procedure, The sole prerogative of the
Judicial Department.
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 Principle of Hierarchy of
Laws

Under this principle, the Philippine

Constitution is the supreme over all laws,
and as such, acts of Congress, executive
agencies exercising quasi-legislative
functions, and the local legislative bodies
must be consistent with the Constitution.

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 What is the significance
of the Principle of
Hierarchy of Laws in
relation to Statutory
Construction?

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 Principle of Stare Decisis stare
decisis et non quieta non movere
• Follow past precedent and do not disturb what has been
settled.
• It is embodied in Art. 8 of the CC which provides that
“Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the
Philippines.
• This is based on the principle that once a question of law
has been examined and decided upon, it should be
deemed settled and closed to further argument. This is
grounded on the NECESSITY FOR SECURING CERTAINTY,
CONSISTENCY AND STABILITY IN JUDICIAL DECISIONS.

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 In the Case of Villena c Spouses
Chavez, when the Court has laid
down a principle of law as applicable
to a certain state of facts, it will
adhere to that principle and apply it
to all future cases in which the facts
are SUBSTANTIALLY THE SAME.
“STAND BY THE DECISIONS AND
DISTURB NOT WHAT IS SETTLED”.

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 Question No. 1
Notwithstanding the principle of stare
decisis, Is the Supreme Court precluded
from changing its mind and reversing a
previous doctrine that has already been
established?

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 Legal Basis: Article VIII, Sec.
4(3) of the Consti. “No
doctrine or principle of law
laid down by the Court in a
decision rendered en banc or
in a division may be modified
or reversed EXCEPT BY THE
COURT SITTING EN BANC.”

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 Question No. 2
In case there is a reversal of a
previous doctrine by the
Supreme Court, what will
happen to the pending cases in
relation to the rule on Stare
decisis? How would it be
decided?

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 Ting vs Ting, the Court explained “the
interpretation or construction of a law by
courts constitutes a part of the law as of the
date the statute is enacted” and that it is only
when there is a prior ruling of the Court is
overruled, and a different view is adopted, the
NEW DOCTRINE may have to be applied
prospectively in favor of the parties who have
relied on the old doctrine and have acted in
good faith, in accordance with the established
rule of lex prospicit, non respicit. Law looks
forward, not backward.
Article 4 of the New Civil Code provides, “Laws shall have no
retroactive effect, unless the contrary is provided.”
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 Principle of Res Judicata “a matter
judged”
• the principle that a cause of action may not be relitigated
once it has been judged on the merits
• “Material facts or material questions which were in issue in a
former action and were there admitted or judicially
determined are CONCLUSIVELY SETTLED a judgment rendered
therein and that such facts or questions becomes res judicata
and may not again be litigated in a subsequent action
between the same parties or their privies, regardless of the
form the issue may take in the subsequent action whether the
second action is upon the same or a different cause of action,
subsequent matter, claim or demand, as the earlier action.

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