Construction, defned - art or process of discovering and expounding the meaning and the intention of the authors of the law with respect to tis application to a given case, where the intention is rendered doubtful, amongst amongst others, by reason of the fact that the given case is not explicitly provided for in the law
- where where general general terms terms follow follow the designat designation ion of particul particular ar things or classes of eprsons or subjects, the general term will be construed to include those things or persons of the same class or of the same nature as those speci$cally enumerated - is only resorted to only for the purpose of determining the legislative intent in enacting the law
- drawing drawing of conclusi conclusions ons with respect respect to subjects subjects that are beyond the direct expressions of the text, from the elements known and given in the text.
Statement o individual legislator
Legislative intent/ ratio legis - “ interpretation according to the spirit or the reason of the law” - legislative intent must be ascertained from a consideration of the statut statute e as a whole whole,, and and not not of an isola isolated ted part or particular provision alone - every part of a statute must be interpreted interpreted with reference to the context Dura lex sed lex - the law is harsh but it is the law When the law is clear and unambiguous, there is no room or interpretation Spirit and purpose o the law - spirit of the law that determines its construction - what is within the spirit of the law is as much a part of the law as what is written ndex animi sermo - speech is the indication of intent - words words employe employed d by the legislatur legislature e in a statute statute correc correctly tly expresses its intent or will !erbal egis non est recedendum "plain meaning rule# - from the words of the statute, there should be no departure
oscitur a sociis - “whe “where re a parti particul cular ar word word or phrase phrase in a statem statement ent is ambig ambiguo uous us in itsel itselff or is e%ual e%ually ly sus susce cepti ptible ble of vario various us meanings, its true meaning may be made clear and speci$c by considering the company in which it is found or with which it is associated.” *nd/0r &etroactivit' Casus omissus pro omisso habendus est - a person, object or thing omitted, must have been omitted intentionally Computation o time ntent o Statute ascertained rom statute ta1en as a whole - each part of a statute should be construed in connection with every other part to produce produce a harmoni harmonious ous whole, not con$ning construction to only one section. !erba Legis - if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation - a meaning that does not appear nor is intended or reected in the very language of the statute cannot be placed therein by construction
$t res magis valeat %uam pereat &eview o law in its entiret' and its intendment must be given e(ect Wisdom/ practicalit' o law )xecutive/ administrative interpretation - high repute is attached to the construction placed by the executive ocials charged with the responsibility of applying a statute - in case of conict between a statute and an administrative order, the statute must prevail. -! a rule rule or regulat regulatio ion n must must confo conform rm to and and be consistent with the provisions provisions of the enabling statute in order for such rule or regulation to be valid Literal interpretation !alid in part, void in part *mbiguit', *mbiguit', construed against part' who caused it - ie. contracts and insurance policies. "atio# the one who made the contract is expected to have understood understood the words used in making such and the one one who merely agreed agreed to it cannot be found at fault to
Statutes in pari materia - statut statutes es in pari pari mater materia ia shoul should d be read read and const construe rued d together because enactments of the same legislature on the same same subje subject ct are are suppos supposed ed to form form part part of one one unifor uniform m system& later statutes are supplementary supplementary or complimentary complimentary to the earlier enactments - should be construed together to attain the purpose of an expressed national policy 2Liberal/ Strict Construction3 Wills - 'tatutes prescribing the formalities to be observed in the execution of a will must be strictly construed.( - the object of solemnities surrounding the execution of wills is to close close the door door against against bad faith and fraud, according accordingly, ly, laws laws on this subject subject should be interpr interpreted eted to attain attain these these primordial ends - it is not the object of the law to restrain and curtail the exercise exercise of the right to make a will. 'o when an interpretation interpretation alread already y given given assures assures such ends, ends, any other other interpr interpretati etation on whatsoever, that adds nothing but demands more re%uisites entirely unnecessary, useless and frustrative of the testator)s last will, must be disregarded”
+andator'/ director'/ prohibiture
aturali4ation - doubts concerning concerning grant of citi*enship should be resolved in favor of the +overnment and against the applicant - “ naturali*ation laws should be rigidly enforced and strictly cons constr true ued d in favo favorr of the the gove goverrnmen nmentt and and agai agains nstt the the applicant.
)xpressio unius est exclusio alterius - the express mention of one thing in a law, as a general rule, means the exclusion of others not expressly mentioned”
Labor - labor statutes must be liberally construed in favor of the laborer concerned.
Law does not distinguish, courts should not distinguish
)usdem .eneris
- liberal construction and interpretation of labor laws may not be applied where the pertinent provisions of the abor ode and / 010 are clear and leave no room for interpretation. *grarian Laws - must be interpreted liberally in favor of the grantees in order to give full force and e2ect to the clear intent of such laws# “ to achieve a digni$ed existence for the small farmers”& and to make them “more independent, self-reliant and responsible citi*ens, and a source of genuine strength in our democratic society”
5ax Statutes - general rule in interpretation of statutes levying taxes or duties not to extend their provisions beyond the clear import of the language used. - in case of doubt, statutes are construed most strongly against the +overnment and in favor of the citi*en, because burdens are not to be imposed, nor presumed to be imposed beyond what the statutes expressly and clearly import. - where there is in the same statute a particular enactment and a general one which in its most comprehensive sense would include what is embraced in the former, the particular enactment must be operative, and the general enactment must be taken to a2ect only such cases within its general language as are not within the provisions of the particular enactment - one must $rst apply the well-settled doctrine of strict interpretation in the imposition of taxes before one could apply the principle of tax exemptions 5ax )xemptions - 3ax exemption is not favored. - 4xemptions from statutes are never presumed - 4xceptions from taxation are construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority - 3ax amnesty is never favored nor presumed in law and if granted by statute, the terms of the amnesty like that of a tax exemption must be construed strictly against the tax payer and liberally in favor of the taxing authority. - 5 claim of exemption from tax payments must be clearly shown and based on language in the law too plain to be mistaken. - 3axation is the rule, exemption therefrom is the exception. - if the grantee of the exemption is a political subdivision or instrumentality, the rigid rule of construction does no apply because the practical e2ect of the exemption is merely to reduce the amount of money that has to be handled by the government in the course of its operations. &ules o Court - rules of court mandate a liberal construction of the rules and the pleadings to e2ect substantial justice. - liberal construction of formal re%uirements6pleadings, as well as remedial laws, should be construed liberally, in order that the litigants may have ample opportunity to prove their respective claims, and that a possible denial of substantial justice, due to legal technicalities may be avoided. - liberality in the construction of rules, not a case of, where the decision of the ourt of 5ppeals is satisfactorily supported by the records. - +eneral rule# that for failure of a party to appear at the pretrial he may be non-suited of considered as in default& "ule not intended as an implacable bludgeon but as a tool to assist the trial courts in the orderly and expeditious conduct of trials
nsurance - ontracts of insurance construed liberally in favor of the insured and strictly against the insurer. 3hus, ambiguity in the words of an insurance contract should be interpreted in favor of its bene$ciary. - provisions of the surety bond must be read in its entirety and together with the contract between the parties. Corporations - orporation law must be given a reasonable, not an unduly harsh, interpretation which does not hamper the development of trade relations and which fosters friendly commercial intercourse among countries. 6robation Laws - policy of liberality of probation statutes cannot prevail against the categorical provisions of the law nterpretation o 6enal Statutes - enal laws are liberally construed in favor of the o2ender.( - rule may be invoked only when the law is ambiguous and there is doubt as to its interpretation rationale# tenderness of the law for the rights of individuals note# if a strict application will favor the accused, then that interpretation is favored - when possible, all words of a statute are to be given some meaning so that when the legislator makes use of words of limitation, he must be presumed to have intended to limit and restrict, in some way, the word or idea with reference to which such words of limitation are applied. - in general, penal provisions of a statute are to be construed strictly - in construing particular words or terms used in a statute, due regard should be had for the context. - in order to determine the true intent of the legislature, the particular clauses and phrases of the statute should not be taken as detached and isolated expressions, but the whole and every part thereof must be considered in $xing the meaning of any of its parts )(ects o &epeals and *mendments 7 .eneral and Special Laws - general legislation must give way to special legislation on the same subject, and generally be so interpreted as to embrace only cases in which the special provisions are not applicable. 3hat speci$c statutes prevails over general statute and that where two statutes are of e%ual theoretical application to a particular case, the one designed therefor specially should prevail. ( - a later statute, general in its terms and not expressly repealing a prior special statute, will ordinarily not a2ect the special provisions of such earlier statutes. - 7here there are two statutes, the earlier special and the later general, the fact that one is special and the other is general creates a presumption that the special is to be considered as remaining as exception to the general, one as a general law of the land, the other as the law of a particular case. - if a new law is inconsistent with or repugnant to the old law, the presumption against the intent to repeal by implication is overthrown because the inconsistency or repugnancy reveals an intent tot repeal the existing law. - "epeal by implication is not favored and will not be so declared unless the intent of the legislators is manifest.
