Statutory ConstructionGENERAL: - Where the meaning of the statute is ambiguous, the courts may avail itself of all legitimate aids to construction in order that it can ascertain the true intent of statute. INTRINSIC AIDS - These aids of construction are those found in the printed page of the statute itself, while; EXTRINSIC AIDS - Those extraneous facts and circumstances outside the printed page. KIDS OF INTRINSIC AIDS 1. Title 2. Preamble 3. Context of the whole 4. Punctuation Marks 5. Capitalization of letters 6. Head notes or epigraphs 7. Language / Lingual Text 1. TITLE - In statute serves as aid in case of doubt in its language, to its construction and to ascertaining legislative will - May indicate the legislative intent to extent or restrict the scope of the law, and a statute couched in a language of doubtful import will be construed to conform to legislative intent as disclosed in its title. Rule: - The title of the statute may properly serve as a guide to ascertaining legislative intent carries more weight in this jurisdiction because of the constitutional requirement that “every bill shall embrace only one subject which shall expressed in the title thereof”. - This constitutional injunction makes the title an indispensable part of the statute, and what may inadequate be omitted in the text may be supplied or remedied by its title. City of Baguio v Marcos - Illustrate the rule one title one subject thereof, that makes an indispensable part of the statute, and what may inadequately be omitted in the text may be supplied or remedied by its title. EXCEPTION; it is important if there is ambiguity in the meaning since it states the purpose. reason or justification for the enactment of the law. sentences.Indicates separation in relation of the thought but what follows it should be related to the one preceding it. clauses.compliance to EO 264. Context of the whole text . Semi colon (. 4.) . Comma (.- When the text of the statute is clear and free from doubt. it should be in furtherance rebellion . People v Purisima . Punctuation marks used? . sections. Ebarle v Sucaldito .Punctuation marks are not part of the statute. .Dismissal several criminal charges of graft and corruption due to non. provisions.\ . 2.Best source from which to ascertain the legislative intent is the statute itself.Usually expressed in the form “Whereas” clause.Is that part of the statute written immediately after its title which states the purpose. sedition and coup detat. reason or justification for the enactment of law. the words phrases. .If it gives the statute a meaning which is reasonable and in accord with the will of the legislative.Although not essential part of statute. 3.PD 9 was promulgated making carrying of bladed weapons of criminal.Is a mark used to indicate end of sentence. outlining the procedures for complaints against government officials with commissions of irregularities.The court issuing the “Whereas” clause said that in order for this to be crime.) .It is the rule of legal hermaneutics that punctuation marks are aids of low degree and can never control against the intelligible meaning of written words Reason: . Period (. nor are they part of the English Language. Punctuation Mark . PREAMBLE . taken as a whole and in whole relation to one another.) . Purpose of Law or Mischief to be suppressed . the leading star and guiding light in the interpretation of a statute.They are not part of statute.- Neither is used to introduce of the new idea. Exception. Presumptions: .The statute must read according to its spirit or intent “ For what is within the statute although it is not within the letter but not within the spirit is not within the statue.The English text shall control unless otherwise provide. 8. 10. Reason. General rule. 11.They are prefix to sections or chapters of a statute for ready classification. Exception: .Aids of low degree in the construction of statute.A construction which would carry into effect the evident policy of the law should be adopted in favor of interpretation which would defeat them. Policy of Law . Dictionaries General rule: .When text of state of a statute is clear. 6. Language / lingual text .The purpose or object of the law or the mischief intended to be removed or suppressed and causes which induced the enactment of the law are important factors to considered in its construction. .Generally define words in their natural. hence it is the controlling facto.Lawmakers. almost have reason a that of punctuation mark. . 9. ordinarily untrained philologist and lexicographers.The original language when a statute is officially promulgated will prevail. 5. use words in their common meaing. . but mere catchwords of reference. plain and ordinary acceptance and significance. . Capitalization of Letters .Considered as the law itself. 7. Intent or spirit of the Law . Head notes or epigraphs . experience and common sense.In absence of compelling reasons to the rule otherwise. hardship. views and deliberations 4. nullify the statute or make any of it provisions nugatory should be rejected or avoided. result in absurdity.When the law is clear and unambiguous.Refers to all its antecedents from its uncertain until its enactment into law. Reports of commissions 5. Consequences of various construction . 12. Presumptions: .Covers the period and steps done from the time bill is introduced until it is finally passed by the legislature. Prior laws from which statute is based. defeat the legislative intent or spirit. Adopted statutes .The objective should always arrive at a reasonable and sensible interpretation in accord with legislative intent. Legislative debates. Explanatory note 3.Based on logic. Exception: . History . Kinds of Legislative History 1. . Presumptions: .The legislature did not intent to cause injustice in enacting statute. 6.It is well settled rule of statutory construction that where a statute is susceptible of several interpretations or where there is ambiguity in its language. there is no better means of ascertaining will and intention of the legislature that which is afforded by the history of the statute. . # Legislative history General Rule: . General Rule: .- When the statute has defined the words use and / or the legislative has intended a technical or special legal meaning to these words. doubt should be in favor of the presumption on that matter. preclude accomplishment of legislative purpose or object render certain words or phrases or surplus age. President’s message to legislature 2. Amendment of statute 7.Construction that will lead to injustice. Usually present in the codification of laws for they compile and collate all laws on a particular subject and prepare a draft of the proposed code. Intent deducible from such views is not clear 4. Reason: .An explanatory note is resorted to only for clarification in case of doubt. compiled or revised will show the legislative history that will clarify the intent of the law or shed light on the meaning and scope of the codified or revised statute. views and deliberations . Statute is free from ambiguity 5. sponsorship speech.This rule is specially applicable in the interpretation of codes.Short exposition or explanation accompanying a proposed legislation by its author or proponent. Legislative debates. . follows his line of thinking.The president’s address usually contains proposed legislative measures. Those who did not speak may not have agreed with those who spoke might differ with each other. Explanatory Note . debates and deliberations) . History of the time President’s message to legislature . revised or compiled statutes for the prior laws which have been codified. When the legislator is not member of the congress that enacted it. 2. There are circumstances indicating a meaning other than expressed by a legislator. and not where there is any ambiguity in law.Actual proceedings of the legislative body (committee reports of legislative investigations and public hearings.Statements made by a legislator during floor deliberations do not reflect the views of the entire house. . Views expressed where conflicting 3.Contains reason or purpose of bill .The discussion on the bill may contain the meaning of the provision. . Prior laws from which a statute is based .Arguments advanced by the author in urging its passage Exception: . Exceptions: 1.8. Conditions at the time of enactment 9. Reports of the commission .It indicates his thinking on the proposed legislation which when enacted into law. Where the foreign construction is not reasonable. 3. Where the foreign construction is patently erroneous or has not been settled.Is that where local statutes are patterned after or copied from those another country construing those laws are entitled to great weight in the interpretation of such local statutes and will generally followed if found reasonable and in harmony with justice. Reason: Remember that the codification. Amendment by deletion . not in harmony with justice. the latter prevails. 2. revision and compilation of laws. .Amendment by deletion of a certain words or phrases in a statute indicates that the legislature intended to change the meaning of the statute for the presumption is that the legislature would not have made the deletion had the intention been not to effect a change in its meaning. Exceptions: 1. where there is a conflict between a common law principle and a statutory provision. condensation and brevity is necessary.Do not apply where the intent is clear that the amendment is precisely to plainly express the construction of the act prior to its amendment because its language is not sufficient expressive of such construction. Exception to the rule that amendment indicate change: . Limitation of the Rule: General rule: . Principles of common law . Adopted Statues General rule: . Words that do not materially affect the statute are omitted.However. public policy and other local statutes on the subject. public policy and other local statutes. Where there is material difference between the foreign and local law.- Change in phraseology by amendments Indicates a legislative intent to change the meaning of the provision from that it originally had. 4.That a statute which has been adopted from that foreign country should be construed in accordance in accordance with the construction given it in the country of origin is not without limitations. Where the local court has given its own construction to said statute. It is not a cloistered realm but a busy state in which events are held up to our vision and touch our elbows. In enacting a statute.Also called practical constructions . Presumption: . 3 types of Executive interpretations: 1. because of their involvement in the process of legislation. and usually referred to. such as draftsmen and bill sponsors. their enactment by the executive. Maxim: contemporenea est optima et fortissimo in lege (the contemporary construction is strongest in law. are knowledgeable of the intent and purpose of the law. 2.The court should place itself in the situation of the legislature during the time. Weight accorded to contemporaneous construction .Statutes do not operate in a vacuum. legislature or judicial authorities as well as by those who. 3. The construction by the Secretary of Justice in his capacity as the chief legal adviser of the government.Physical conditions of the country at the then circumstances that may affect the legislative intent.Conditions at the time of enactment . as contemporaneous construction is the construction placed upon the statute by an executive or administrative officer called upon to execute or administer such statute. . the legislature is presumed to have taken into account the existing conditions of things at the time of enactment. Contemporaneous Construction: .Law is not a watertight compartment sealed or shut off from the contact with the drama of life which unfolds before our eyes. being a manifestation of social culture and progress. The construction by an executive or administrative officer directly called to implement the law. The interpretation handed down in an adversary proceeding in the form of ruling by an executive officer exercising quasi-judicial power. - - What is commonly understood. must be interpreted taking into consideration the stage of such culture and progress including all concomitant circumstances. With the duty to enforce the laws come the interpretation of its ambiguous provisions.Almost similar to taking into consideration the condition at the time of enactment.Construction placed upon statutes at the time of or after. History of the time . Presumption: . .The law. experience and informed judgment and the fact that they frequently are drafters of the law they interpret. . 3. therefore. conscientious and competent expert opinion. approval of an executive or judicial construction of a statute. expertness.- It is entitled to great weight and respect by the courts in the interpretations of ambiguous provisions of law. Where strong reason to the contrary exists 4. or by the court in an appropriate case. or a course of conduct indicating a particular undertaking of it. When contemporaneous construction disregard 1. Where the construction is clearly erroneous 3. Where the court has previously given the statute a different interpretations. A person who has relied upon such construction by the executive or administrative officer and that. Presumption: . and to have formed an independent. Weight accorded to usage and practice .Executive officials are presumed to have familiarized themselves with all considerations pertinent to the meaning and purpose of the law. Reason why contemporaneous constructions is given much weight 1. 3. common usage and practice under the statute. There is no ambiguity in the law 2. the court should not apply an interpretation at variance therewith. is frequently of great value in determining its real meaning. by his successor in office. Need for certainty and predictability in the law. especially where the usage has been acquiesced in by all the parties concerned and has extended over a period of time.Take the form of an implied acquiescence to or. nor can they set up such error as legal obstacle against recovery from them of what they received pursuant to and on the basis of. Exceptions: 1. It comes from the particular branch of government called upon to implement the law thus construed. Legislative Interpretation . nor excuse themselves from complying with the construction corrected. The doctrine of estoppel does not preclude correction of the erroneous construction by the officer himself. 2. 2.The principle of contemporaneous exposition. Erroneous contemporaneous construction does not preclude correction nor create rights. erroneous application of law. Those who benefited from the erroneous contemporaneous construction may not prevent correction of such construction. Competence. .Until it abandon or over rules a doctrine.It means one should follow past precedents and should not disturb what has been settled. Note: . Many ways to approve: 1. . Uses words in their import to the language of an earlier law which has received a practical interpretation 3. involving exactly the same point at issue. incidentally and not directly upon the question before him.If lower courts feel that the doctrine is against their way of reasoning . Tung Chin Hui v Rodriguez . Stare Decisis . or opinion expressed by a judge. in amending act.May take action or inaction.Only Supreme Court can change or abandon a precedent enunciated by it. providing anything which would restrict. Obiter dictum .As an opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it. Amends a prior statute without. in his decision upon a cause “by the way”. change or nullify the previous cotemporaneous construction placed upon the prior law. then another case. approve or ratify such contemporaneous construction.In other words once has been decided one way. the lower courts are duty bound to obey it. they may state their personal opinion but must decide the case in accordance with the doctrine and not with their personal view. it will adhere to that principle and apply it to all future cases where the facts are substantially the same. or introduced by way of illustration or analogy or argument. or upon a point not necessarily involved in the determination of the cause. .Legislative approval . that is. Re enactment . .It is a remark made.Most common act of legislative approval of a contemporaneous construction of a statute.When the court has once laid down principle of law as applicable to a certain state of facts. When it reenact a statute previously given a contemporaneous construction 2. should be decided in the same manner.