Part I – Introduction to Statutory Construction (Preliminary Considerations)
1.
Definition of Statutory Construction Caltex v. Palomar, G.R. No. L-19650, September 29, 1966
2.
Hermeneutics and Legal Hermeneutics
3.
Legis interpretatio legis vim obtinet People v. Jabinal, G.R. No. L-30061, February 27, 1974 Pesca v. Pesca, G.R. No. 136921, April 17, 2001
4.
When is there room for interpretation or construction? Songco v. NLRC, GR L-50999 March 23, 1990 Amores v. HRET, GR 189600, June 29, 2010
5.
Distinction Between Interpretation and Construction
6.
Classes of interpretation according to Dr. Francis Lieber
7.
Intrinsic or internal aids in Statutory Interpretation
8.
Extrinsic Extrin sic or Externa Externall aids in Statutory Construction Constructi on
9.
Situs of Construction and Interpretation
10. When can Courts Construe or Interpret the Law? RCBC v. IAC, G.R. No. 74851, December 9, 1999
11. When courts need not resort to interpretation or construction Go Ka Toc Sons v. Rice and Corn Board, G.R. No. L-23607, May 23, 1967 People v. Mapa, G.R. No. L-22301, August 30, 1967 Luzon Surety v. De Garcia, G.R. No. L-25659, October 31, 1969
12. Punctuation and Grammar: An Aid to Interpretation and Construction US v. Hart, G.R. No. L-8848 November 21, 1913
13. Statutory Construction vis-a-vis Judicial Legislation Floresca v. Philex Mining, G.R. No. L-30642 April 30, 1985 Republic v. CA and Molina, G.R. No. 108763, February 13, 1997
14. How must legislative intent be ascertained? Aisporna v. CA, G.R. No. L-39419 April 12, 1982 Republic v. CA and Molina, G.R. No. 108763, February 13, 1997
Statutory Construction Defined. Statutory Construction is defined as the art or process of di scovering and expounding the meaning and intention of the authors of the law with respect to i ts application to a given case, where that intention i s rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for i n the law. It as the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts.
A judicial function is required when a statute is i nvoked and different interpretations are in contention. When considering a statute, a court will apply rules of construction only when the language contained in the statute is ambiguous. Under the “plain-meaning” rule, if the intention of the legislature is “so apparent from the face of the stat statut ute e that that ther there e can can be no ques questio tion n as to its its mean meanin ing, g, ther there e is no need need for the cour courtt to appl apply y cano canons ns of construction.” Thus, before even considering what canons to apply, the court must first determine whether the statute in question is ambiguous. Courts have generally held that a statute is ambiguous when reasonably well-informed persons could understand the language in either of two or more senses. Hermeneutics and Legal Hermeneutics Hermeneutics is the science or art of construction and interpretation. Legal hermeneutics is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Legis interpretatio legis vim obtinet “Legis interpretatio legis vim obtinet” is a Latin maxim which means “The construction of law obtains the force of law.” When is there room for interpretation or construction? “The final final consid considera eratio tion n is, in carryin carrying g out and interp interpret reting ing the Labor Labor Code’s Code’s provis provision ions s and its implem implement enting ing regula regulatio tions, ns, the working workingman man’s ’s welfare welfare should should be the primord primordial ial and paramo paramount unt consid considera eratio tion. n. This This kind of interpretation gives meaning and substance to the liberal and compassionate spirit of the law as provided for in Article 4 of the Labor Code which states that “all doubts in the implementation and interpretation of the provisions of the Labor Code including its implementing rules and regulations shall be resolved in favor of labor” (Abella v. NLRC, G.R. No. 71812, July 30,1987,152 SCRA 140; Manila Electric Company v. NLRC, et al., G.R. No. 78763, July 12,1989), and Article 1702 of the Civil Code which provides that “in case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent li ving for the laborer.” [Songco [ Songco v. NLRC, GR L-50999 March 23, 1990]. 1990]. “A cardinal rule in statutory construction is that when the law is clear and free from any doubt or ambiguity, there is no room for construction construction or interpretation. There is only room for application.” [Amores [ Amores v. HRET, GR 189600, June 29, 2010]. 2010].
Construction and Interpretation, Distinguished.
Construction is the drawing of conclusions with respect to subjects that are beyond the direct expression of the text, while interpretation is the process of discovering the true meaning of the language used. Interpretation is limited to exploring the written text. text. Construction, on the other hand, is the drawing of conclusions, conclusions, respecting subjects that lie beyond the direct expressions of the text.
Dr. Lieber Lieber,, Legal Legal and Politi Political cal Hermen Hermeneut eutics ics (3d editio edition, n, 1880,. 1880,. by Hammon Hammond), d), thus thus expres expresses ses the distin distincti ction: on: “Interpretation is the art of finding out the true sense of any form of words; that is, the sense which their author intended to convey; and of enabling others to derive from them the same idea which the author intended to convey.” (p. 11.) ” Construction is the drawing of conclusions respecting subjects that lie beyond the direct expression of the text, from elements known from and given in the text – conclusions which are in the spirit though not within the letter of the text.” (p. 44.)
Interpretation has been classified as: (1) Literal (Interpretatio restrictiva) -is where the letter is closely followed, as where, in interpreting a statute, the term “man” is given an exclusively masculine sense, and where metaphorical terms are construed literally. (2) Liberal (Interpretatio extensiva) is the ascription to words of their largest sense. Of this we have an illustration in the interpretation of the words “r egulate commerce” in the constitution of interpretation. (3) Arbitrary (Interpretatio predestinata) is that which subordinates interpretation to pre-assuraed construction, making the word mean that which the interpreter thinks most consistent with a preconceived scheme of his own. In this this way constr construct uction ion is errone erroneous ously ly made made the basis basis of interp interpret retati ation, on, and not interp interpret retati ation on the mater material ial for construction. (4) Authoritative (Interpretatio declarativa) is that which accepts the meaning of a term as it has been affixed by the state acting either through its legislature or its judiciary.
Intrinsic or internal aids in Statutory Interpretation are those found within the statute itself.
Other enacting words
An examination of the whole of a statute, or at least those parts which deal with the subject matter of the provision to be interpreted, should give some indication of the overall purpose of the legisla legislatio tion. n. It may show that that a partic particula ularr interp interpret retati ation on of that that provis provision ion will lead lead to absurdity when taken with another section.
Explan Explanato atory ry notes notes as aids aids to to inter interpre pretat tation ion
The use of expla explanat natory ory notes notes in stat statuto utory ry inte interpr rpreta etatio tion n is new. new.
Some laws have their own interpretation sections such as “Definition of Terms.” Aids found in all laws: Long title
It became established that the long title could be considered as an aid to interpretation. The long title should be read as part of the context, “as the plainest of all the gui des to the general objectives of a statute.”
Example: [REPUBLIC ACT NO. 10361] AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS That part of a statute explaining the reasons for its enactment and the objects sought to be accomplished. It usually starts with the word “Whereas”. It is therefore clearly permissible to have recourse to it as an aid to construing the enacting provisions. Preambles ceased to be used in recent legislation. It is replaced by, inter alia, “Declaration of Policies.” Examples: PREAMBLE: PREAMBLE: “WHEREAS, under Section 5 of Presidential Presidential Decree Decree No. 705, the Bureau of Forest Forest Development is vested with authority and jurisdiction over all forest lands including watershed reservations;”
Preamble
DECLARATION OF POLICIES: “SEC. 2. Declaration Declaration of Policy . – The State recognizes and guarantees the human rights of all persons including their right to equality and nondiscrimination of these right rights, s, the the right right to sust sustai aina nabl ble e huma human n deve develo lopm pmen ent, t, the the right right to heal health th whic which h incl includ udes es reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood.” There is some question whether the short title should be used to resolve resolve doubt. Example: “The Responsible Parenthood and Reproductive Health Act of 2012″
Short title “When the meaning of a legislative enactment is in question, it is the duty of the courts to ascertain, if possible, the true legislative intention, and adopt that construction of the statute which will give it effect. The construction finally adopted should be based upon something more substantial than the mere punctuation found in the prin printe ted d Act. Act. If the the punc punctu tuat atio ion n of the the stat statut ute e give gives s it a mean meanin ing g whic which h is reasonable and in apparent accord with the legislative will, it may be used as an additional argument for adopting the literal meaning of the words of the statute as thus punctuated. But an argument based upon punctuation alone is not conclusive, and the courts will not hesitate to change the punctuation when necessary, to give to the Act the effect effect intend intended ed by the Legisl Legislatu ature, re, disreg disregard arding ing superf superfluo luous us or incorrect punctuation marks, and inserting others where necessary.” [G.R. No. L8848, U.S. v. Hart, Miller and Natividad]. Punctuation
Body
The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exceptions may also be found in the body of the law.
Extrinsic or External aids in Statutory Construction
Can be cited as authoritative statements of the law of their time, and therefore of the present law if it is shown not to have changed. The reputation of the author and the date of the book are important. Text Textbo book oks s and and writers on law
emin eminen entt
Other cases
Cases from any branch of law and from any jurisdiction are used by the courts to assist construction.
Dictionaries
Notably dictionaries of the time will be used to find out the meaning of a word in a statute.
Treaties
The court may consider the historical setting of the provision that is being construed. Historical setting
Practice
The practice followed in the past may be a guide to construction. construction.
Congressional Record
The official record of proceedings and debates in either house of Congress’ proceedings can be used as externals aid in statutory construction.
Situs of Construction and Interpretation. In our system of government:
Legisla Legislativ tive e power power is vested vested in the Congress Congress of the Philippin Philippines es – the Senate Senate and the House House of the • Representatives; Executive power is vested in the President of the Republic of the Philippines (Art. VII, Sec.1, 1987 Phil. • Constitution); and Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. • (Art. VIII, Sec. 1, 1987 Phil. Constitution)
Legislature – makes the law; Executive – executes the law; and Judiciary – interprets the law.
Simply stated, the situs of construction and interpretation of written laws is in the judicial department . It is 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 a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. The Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws .
HOW A BILL BECOMES A LAW • House Rule X: Bills, Resolutions, Messages, Memorials and Petitions Flowchart: Legislative Process • 1. PREPARATION OF THE BILL 2. FIRST READING 3. COMMITTEE CONSIDERATION / ACTION 4. SECOND READING 5. THIRD READING 6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE 7. SENATE ACTION ON APPROVED BILL OF THE HOUSE 8. CONFERENCE COMMITTEE 9. TRANSMITTAL OF THE BILL TO THE PRESIDENT PRESIDENT 10. PRESIDENTIAL ACTION ON THE BILL 11. ACTION ON APPROVED BILL 12. ACTION ON VETOED BILL 1. PREPARATION OF THE BILL
The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill bi ll upon the Member’s request. 2. FIRST READING 1. The bill is filed filed with the the Bills and and Index Servic Service e and the same same is numbered numbered and and reproduced. reproduced. 2. Three days days after after its filing, filing, the same same is included included in the Order Order of Busines Business s for First First Reading. Reading. 3. On First Reading, Reading, the Secret Secretary ary General General reads the title title and number number of the bill. The Speaker Speaker refers refers the bill to the appropriate Committee/s. 3. COMMITTEE CONSIDERATION/ACTION
1.
The Committe Committee e where the bill bill was referred referred to evaluates evaluates it to determin determine e the necessity necessity of conduct conducting ing public hearings. If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues public notics and invites resource persons from the public and private sectors, the academe and experts on the proposed legislation. If the the Comm Commit itte tee e finds finds that that no publi public c hear hearing ing is not not need needed ed,, it sche schedu dule les s the the bill bill for for Comm Commit itte tee e discussion/s. 2. Based Based on the result result of the public public hearings hearings or Commit Committee tee discuss discussion ions, s, the Commit Committee tee may introduc introduce e amendments, consolidate bills on the same subject matter, or propose a subsitute bill. It then prepares the corresponding committee report. 3. The Commit Committee tee approve approves s the Committ Committee ee Report Report and formall formally y transm transmits its the same to the Plenar Plenary y Affairs Affairs Bureau. 4. SECOND READING 1. The Commit Committee tee Report Report is register registered ed and numbered numbered by the Bills and Index Index Servic Service. e. It is included included in the Order of Business and referred to the C ommittee on Rules. 2. The Committe Committee e on Rules schedules schedules the bill bill for conside consideration ration on on Second Second Reading. Reading. 3. On Second Second Reading, Reading, the Secretary Secretary General General reads reads the number, number, title title and text text of the bill and the the following following takes place: Period of Sponsorship and Debate o Period of Amendments o Voting which may be by: o viva voce count by tellers division of the House; or nominal voting 5. THIRD READING 1. The amendmen amendments, ts, if any, are engross engrossed ed and printed printed copies of the the bill are reproduced reproduced for Third Third Reading. Reading. 2. The engros engrossed sed bill bill is includ included ed in the Calendar Calendar of Bills for for Third Reading Reading and copie copies s of the same same are distributed to all the Members three days before its Third Reading. 3. On Third Reading Reading,, the Secretary Secretary General General reads reads only the the number number and title title of the bill. bill. 4. A roll call or nominal nominal voting voting is called called and a Member Member,, if he desires desires,, is given given three minutes minutes to explain explain his vote. No amendment on the bill is allowed at this stage. 5. The bill is approve approved d by an affirmative affirmative vote vote of a majority majority of the the Members Members present. present. 6. If the bill is disappro disapproved, ved, the the same is transmitt transmitted ed to the the Archives. Archives. 6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE The approved bill is transmitted to the Senate for its concurrence.
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE The bill undergoes the same legislative process in the Senate. 8. CONFERENCE COMMITTEE 1. A Confer Conferenc ence e Commit Committee tee is constitut constituted ed and is composed composed of Members Members from each House House of Congress Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill. 2. The conferee conferees s are not limited limited to reconciling reconciling the differenc differences es in the bill but may introduc introduce e new provisions provisions germane to the subject matter or may report out an entirely new bill on the subject. 3. The Conferenc Conference e Committee Committee prepares prepares a report report to be signed by all the the conferees conferees and the Chairman Chairman.. 4. The Conference Conference Committe Committee e Report is submitted submitted for consideratio consideration/appro n/approval val of both Houses. Houses. No amendment amendment is allowed. 9. TRANSMITTAL OF THE BILL TO THE PRESIDENT Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and certified by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the President. 10. PRESIDENTIAL ACTION ON THE BILL 1. If the bill is approve approved d the Presiden President, t, the same is assigne assigned d an RA number number and transmi transmitte tted d to the House House where it originated. 2. If the bill is vetoed, vetoed, the the same, togethe togetherr with a message message citing citing the reason reason for the veto, veto, is transmitt transmitted ed to the House where the bill originated. 11. ACTION ON APPROVED BILL The bill is reproduced and copies are sent to the Official Gasette Office for publication and distribution to the implementing agencies. It is then included in the annual compilation of Acts and Resolutions. 12. ACTION ON VETOED BILL
The message is included in the Order of Business. If the Congress decides to override the veto, the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of the M embers of each House, such bill or items shall become a law. NOTE: A joint resolution having the f orce and effect of a law goes through the same process.
Parts of a Statute 1.
Title – the heading heading on on the prelimin preliminary ary part, part, furnishing furnishing the the name by which which the act act is individuall individually y known. known. It is usually prefixed to the statute in the brief summary of its contents. 2. Prea Preamb mble le – part part of stat statut ute e expl explai aini ning ng the the reas reason ons s for for its its enac enactm tmen entt and and the the obje object cts s soug sought ht to be accomplished. Usually, it starts starts with “whereas”. 3. Enacti Enacting ng clause clause – part part of statut statute e which declare declares s its enactm enactment ent and serves serves to identify identify it as an act of legislation legislation proceeding proceeding from the proper legislative legislative authority. “Be enacted” enacted” is the usual formula used to start this clause. 4. Body Body – the the main main and and oper operat ative ive part part of the the stat statut ute e cont contai aini ning ng its its subs substa tant ntiv ive e and and even even proc proced edur ural al provisions. Provisos and exceptions may also be found. 5. Repeal Repealing ing Clause Clause – announce announces s the prior prior statut statutes es or specif specific ic provisio provisions ns which have been abrogat abrogated ed by reason of the enactment of the new law. 6. Saving Saving Clause Clause – restricti restriction on in a repealing repealing act, act, which which is intend intended ed to save save rights, rights, pendin pending g procee proceeding dings, s, penalties, etc. from the annihilation which would result from an unrestricted repeal. 7. Separa Separabil bility ity Clause Clause – provide provides s that that in the event that one or more more provision provisions s or unconst unconstitu itutio tional, nal, the remaining provisions shall still be in force. 8. Effectivity Effectivity Clause Clause – announces announces the effecti effective ve date date of the the law. law.
Constitutional Test in the Passage of a Bill. There are three (3) very important constitutional requirements in the enactment enactment of a statute: 1. Every bill passed by Congress shall embrace only one subject which shall shall be expressed in the title thereof . The purposes of this constitutional requirements are:
To prevent hodge-podge or log-rolling legislation; To prevent surprise or fraud upon the legislature; and • To fairly apprise the people, through such publications of legislative proceedings as is usually made, of the • subjects of legislation that are being considered, in order that they may have opportunity of being heard thereon by petition or otherwise, if they shall so desire. CASE: Giron v. Comelec, G.R. No. 188179, January 22, 2013 2. No bill passed by either House shall become law unless it has passed three readings on separate days , and printed copies thereof in its fi nal form have been distributed to each member three days before its passage. CASE: Tolentino v. Sec. of Finance, G.R. No. 115455, October 30, 1995 •
3.
Every bill passed by by the Congress shall, before it becomes becomes a law, be presented to the President. President.
The executive approval and veto power of the President is the third important constitutional requirement in the mechanical passage of a bill. CASE: Miller v. Mardo, G.R. No. L-15138, July 31, 1961
When can courts construe or interpret the law? It bears stressing that the first and fundamental duty of the Court is to apply the law. When the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. As has been our consistent ruling, where the law speaks in clear and categorical language, there is no occasion for interpretation; there is only room for application.
Where the law is clear and unambiguous, it must be taken to mean exactly what it says and the court has no choice but to see to it that its mandate is obeyed. Only when the law is ambiguous or of doubtful meaning may the court interpret or construe its true intent. Ambiguity is a condition of admitting two or more meanings, of being understood in more than one way, or of referring to two or more things at the same time. A statute is ambiguous if it is admissible of two or more possible meanings, in which case, the Court is called upon to exercise one of its judicial functions, which is to interpret the law according to its true intent. CASE: RCBC v. IAC, G.R. No. 74851, December 9, 1999 When courts need not resort to interpretation or construction CASES: 1. GO KA TOC SONS v. RICE AND CORN BOARD, G.R. No. L-23607, May 23, 1967 “What the court a quo did was to resort to statutory construction. But this was improper as well as incorrect. The l aw is clear in enunciating the policy that only Filipinos and associations, partnerships or corporations 100% Filipino can engage even in the trade and acquisition of the by-products of rice and/or corn. So the court’s only duty was to apply the law as it was. The purpose of the Act, as expressed in the introductory note of the bill, can control the language of the law only in case of ambiguity. There is none here.” 2. PEOPLE v. MAPA, G.R. No. L-22301, August 30, 1967 “The law cannot be any clearer. No provision is made for a secret agent. As such he is not exempt. Our task is equally clear. The first and fundamental duty of courts is to apply the law. “Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them.” 3. LUZON SURETY v. DE GARCIA, G.R. No. L-25659, October 31, 1969 “Its language is clear; it does not admit of doubt. No process of interpretation or construction need be resorted to. It peremptoril peremptorily y calls for application. application. Where a requirement requirement is made in explicit explicit and unambiguous unambiguous terms, no discretion discretion is left to the judiciary. It must see to it that its mandate is obeyed. So it is in this case.” Punctuation and Grammar: An Aid to Interpretation [and Construction] While punctuation can assist in the interpretation of statutes, care must be taken: The following citations can be noted to arrive at if Grammar is material or not. Likewise punctuation is dealt with here in details.
Although Canadian courts consider punctuation part of the legislation, they are unwilling to place much reliance on it as an aid to interpretation. The primary reason for this distrust is its inherent unreliability. Many of the conventions governing punctuation, especially comma placement, are fluid and unstable. Practices vary from one region to another and may change change rapidly rapidly over time. Also, considerab considerable le discretion is left to individual individual writers to vary punctuation punctuation as a matter matter of taste taste or style. style. And not least of all, all, even even compe competen tentt users users of langua language ge often often make make mistak mistakes es out of carelessness or uncertainty. For these reasons, the courts are rightly cautious of attaching too much significance to a single punctuation mark. A debate on punctuation cannot take the place of an interpretation based on the legislative context and ordinary meaning meaning of words. words. The reliab reliabilit ility y of punctu punctuati ation on as a tool tool of interp interpret retati ation on has indeed indeed.. [1] been been questi questione oned, d, . . .Punctuation is a rational part of English composition, and is sometimes quite significantly employed. I see no reason for depriving legal documents of such significance as attaches to punctuation in other writings. [2] Punctuation is but one tool to help in the determination of legislative intent[3] intent[3].. In Caridnal, V.R.[4] MAHONEY J. wrote, “Punctuation cannot render a single interpretation so certainly correct as to obviate the need to refer to the entire enactment in the interpretation of one of it’s provisions but it is certainly to be considered.” The court is capable of assessing punctuation and grammar without expert or other opinion. [5] To resolve a syntactic ambiguity in a statute the courts may elicit the punctuation used in that part of the statute but do so with caution because many conventions governing punctuation are fluid and unstable especially with the use of the comma[6] comma [6].. In Canada the courts look at punctuation in interpreting statutes with some caution. In the Interpretation Interpretation of Legislation in Canada by Pierre André Coté (2nd Ed.) there appears at p. 62 and 63: ‘In Canada, punctuation is considered to be a part of the stature and may be looked at in its interpretation:In construing the clause it is my opinion that we should have regard to the punctuation … The ratio decidendi decidendi of those cases which held that punctuation in a Statute ought not to be regarded was that statutes as engrossed on the original roll did not contain punctuation marks. We were informed by counsel that in British Columbia statutes are pr esented to
the Legislature for passing and are passed punctuated as they appear in the copies printed by the Queen’s Printer; consequently the foundation of the earlier decisions has been removed. But even admitting that punctuation is part of the enactment, the question of its relative weight remains. As with other parts of a statute, the authorities indicate that this w ill vary according to the circumstances. Punctuatio Punctuation, n, particularly particularly the comma, comma, is essential essential to written written communica communication, tion, and judges cannot totally ignore it. However, they will hesitate to base a decision solely on the presence or absence of particular punctuation marks. Several reasons justify such caution: “. . . punctuation is not subject to rigorous and well-defined rules.” To the extent that rules exist, they are poorly understood and may not have been respected, with the result that a document may be “. . . copiously, if not carefully, punctuated”.[footnotes ommitted] [7] [7]Replying Replying to arguments based on punctuation, the courts will not only refer to its unreliable nature but also the context and object of the statute. [1] In Laurentide Motels Ltd. v. Beauport (Ville), 1989 CanLII 81 (S.C.C.), (S.C.C.), [1989] 1 S.C.R. 705 at 755, per L’HEUREAUXDUBE J [2] Housten v Burns 1918] A.C. 337 per LORD SHAW of Dunfermline ,See also: The Queen v. Alaska Pine and Cellulose Co. [1960] S.C.R. 686 [3] R. v. C. L. , 2005 NSFC 21 [4]In [4] In Caridnal, V.R. {1980} F.C. 149 at 154-55 [5] R. v. Galbraith, 2008 ONCJ 761,the court observed that:” The opinion regarding grammar and punctuation was from someone not established as an expert, and the opinion offered is not needed” in the matter related to Provincial Offences Act, s. 50(3) was being discussed. [6] See: Driedger on the Construction of Statutes at pp. 276-277. At p. 277 the author states: ”. . . A comma before before the qualifying qualifying words ordinarily indicates indicates that they are meant to apply to all antecedents antecedents while the absence of a comma indicates that they are meant to apply to the last antecedent alone. . . .” Further in the case of Mawson Hotels Ltd. v. Solie, 1997 CanLII 11194 (SK Q.B.) it was observed that ’ In the matter before me there is a comma before the qualifying words, respecting any materials, equipment or appliances used or installed in a building, structure or premises. An application of the rule would lead to the interpretation that the qualifying words apply to all antecedents. Such an interpretation is in conflict with the purpose of the legislation and would lead to an unreasonable outcome. I find that the placement of the comma leads to an interpretation which conflicts with the purpose of the legislation. Thus the purpose of the legislation must take precedence.per HRABINSKY J [7] Bell v. Canada (Attorney General), 2001 NSSC
Statutory Construction vis-a-vis Judicial Legislation
When is it construction and when is it judicial legislation? To declare what the law shall be i s a legislative power, but to declare what the law is or has been, is judicial. However, the courts “do and must legislate” to fill in the gaps in the law. The Court decided to go beyond merely ruling on the facts of the existing law and jurisprudence. (Floresca v. Philex Mining; Republic v. CA and Molina) 1. Floresca v. Philex Mining, G.R. No. L-30642 April 30, 1985 Does the CFI (RTC) have jurisdiction over the complaint? Pursuant to Article 9 of the Civil Code which provides that: “No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.” It argues that the application or interpretation placed by the Court upon a law is part of the law as of the date of the enactment of the said law since the Court’s application or interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. Yet, the Court argues that the Court can legislate, pursuant to Article 9 of the New Civil Code. However, even the legislator himself recognizes that in certain instances, the courts “do and must legislate” to fill in the gaps in the law; because the mind of the legislator, lik e all human beings, is finite and therefore cannot envisage all possible cases to which the law may apply. 2. Republic v. CA and Molina, G.R. No. 108763, February 13, 1997 Guidelines presented by the court. The Family Code of the Philippines provides an entirely new ground (i n addition to those enumerated in the Ci vil Code) to assail the validity of a marriage, namely, “psychological incapacity.” In addition to resolving the present case, the court finds the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family Code. Code. In the present present case, case, it appear appears s to that there there is a “diffic “difficult ulty,” y,” if not outright outright “refusal” “refusal” or “negle “neglect” ct” in the performance of some marital obligations of the respondent spouse. Mere showing of “irreconcilable differences” and “conflicting personalities” in no wise constitutes psychological incapacity. Hence, the Court decided to go beyond merely ruling on the facts of this case vis-a-vis existing law and jurisprudence. For psychological incapacity to prosper,
How must legislative intent be ascertained? Legislative Intent. The object of all interpretation and construction of statutes is to ascertain the meaning and intention of the legislature, to the end that the same may be enforced.
Legislative intent is determined principally from the language of the statute. VERBA LEGIS If the language of the statute is plain and free from ambiguity, and express a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey.
Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce harmonious whole. (Aisporna v. CA; China Bank v. Ortega; PVA Board of Administrators v. Bautista) 1. Aisporna v. CA, G.R. No. L-39419 April 12, 1982 Legislative intent of the Insurance Act: Whether an insurance sub-agent or proxy is covered by Section 189 of the Insurance Act. Legislative intent must be ascertained from a consideration of the statute as a whole. The particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce harmonious whole. In the present case, the first paragraph of Section 189 prohibits a person from acting as agent, sub-agent or broker in the solicitation or procurement procurement of applications applications for insurance insurance without without first procuring procuring a certificate certificate of authority so to act from the Insurance Commissioner; while the second paragraph defines who is an insurance agent within the intent of the section; while the third paragraph prescribes the penalty to be imposed for its violation. 2. China Banking Corp. v. Ortega, G.R. No. L-34964 January 31, 1973 Whether a banking institution can validly refuse a court process garnishing the bank deposit invoking the provisions of R.A. No. 1405 (An Act prohibi ting Disclosure of or Inquiry into, Deposits with any Banking Institution). The gist of the pertinent provisions of RA R A 1405, Sec. 2., 2. , is that although transactions with banking institutions in the Philippines Philippines are absolutely absolutely confidential, confidential, there are exceptions exceptions such as when there is written written permission permission from the depositor, or in cases of impeachment, or upon order of the competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of litigation. In the present case, China Bank was in default because the court merely required the bank to inform the court whether or not the defendant had a deposit with the bank for the purposes of garnishment. However, the disclosure is purely incidental to the execution process. 3. Board of Administrators, PVA v. Bautista, G.R. No. L-37867, February 22, 1982 Whether the plaintiff is entitled to pension from 1955 instead of from 1968. The purpose of Congress in granting veterans’ pensions is to compensate a class of men who suffered in the service for the hardships they endured and the dangers they encountered, and more importantly, those who have become incapacitated for work owing to sickness, disease or injuries sustained while in the line of the duty. R.A. No. 65 (Veteran’s (Veteran’s Bill of Rights) or Veteran Veteran Pension Pension Law is, therefore, therefore, a government governmental al expression expression of gratitude gratitude to and those who rendered service for the country, by extending to them regular monetary aid. If the pension awards are made effective only upon approval of the application, then the noble and humanitarian purposes for which the law was enacted could easily be thwarted or defeated.
