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Statutory

4.

INSTRINSIC AIDS
Intrinsic Aids

They are tools that one uses to interpret


the provisions of the law.
They are found within the statute itself.

Initial Considerations

The Title
Article VI Section 26 (1) of 1987 Constitution
Every law passed by congress shall have only one
subject matter which shall be embraced in the title
thereof.

Observe the language of the law, treat its provisions


in connection with other provisions found within
the law and ascertain legislative intent through the
following:
1. Verba legis

If clear, plain and free from ambiguity, it


must be given its literal meaning and
applied without interpretation.

Also known as plain-meaning rule.

index animi servo or speech is the index of


the mind

Verba legis non est recedendum or from


the words of the statute, there can be no
departure.

Construction and interpretation come only


after it has been demonstrated that
application would be impossible without
them. They are the very last function that
the court should exercise.

If the language is clear and unequivocal,


there is no more need for intrinsic aids as
there is no need to interpret.
2. Contextual Treatment

To discover the general legislative intent,


the whole statute must be considered.

Every part of the statute must be


considered together with other parts and
kept them subservient to the general intent
of the whole enactment.

Ut magis valeat quam pereat or the


construction to be sought is the one which
gives effect to the whole of the statute- its
every word.
3. Legislative Intent

The object of all interpretation and


construction of law is to ascertain the
meaning and intention of the legislature, to
the end that the same may be enforced.

Principally, legislative intent is determined


through the language of the law. Index
animi servo.
Four Corners of the Statute
1.
2.
3.

Title
Body
Repealing Clause

Effectivity Clause

Title provides an insight as to the content


of the instrument as well as to its
legislative intent.
Proposed bill is usually accompanied by
Explanatory note which explains the reason
behind the proposed bill.
Preamble is usually contained in older laws.
They do not form part of the law as they
cannot control the specific terms of the
statute. Their main purpose is the same
with Explanatory note.

The Body

The text of the law is considered the


intrinsic aid.
In interpreting the body, one may adopt
either a liberal or strict interpretation.
If the law is clear and unequivocal, it must
be applied regardless of its effect. Dura lex
sed lex.
If there is ambiguity, and in interpreting
according to the exact and literal meaning
of words, it would result to absurd and
mischievous consequences, or the intent of
the legislature would be defeated, then, it
shall be interpreted in accordance with the
spirit of the law.

Tools:
1. Cassus Omissus

Cassus omissus pro omisso habendus est


or cases omitted is to be held intentionally
omitted.

When the statute makes specific provisions


as to enumerate cases or objects but omits
a case or object within the general scope of
the statute, it must to be held as omitted
intentionally.

The High courts are not at liberty to supply


the omissions in the statutes as it would
constitute an encroachment upon the field
of legislation.
2. Stare Decisis

Stare decisis et non quieta movere

Article 8, New Civil Code


3. Distinctions

Statutory

Ubi lex non distinguit nec nos distinguere


debemus.

When the law does not distinguish, the


court should not distinguish.

The general words and phrases of the


statute should ordinarily be accorded their
natural and general significance.
4. Exceptions (provisos)

Exceptio probat regulam de rebus non


exceptis.

Exceptions prove rules on things not


excepted.

Every rule is subject to its own exception


and every exception is a rule.

When the law does not make an exception,


the courts should not make an exception,
unless there is a compelling reason to do
so.
5. General and Special terms

General terms are to receive general


construction unless, retained by the
context or by plain inferences from the
scope or purpose of the law.

Special terms may be expanded to general


signification by the consideration that the
reason of the law is general.

When a statute defines the particular


words and phrases it uses, the legislative
definition controls the meaning of the
statutory word, irrespective of any other
meaning the word or phrase may have in
its ordinary or usual sense.
6. Ejusdem Generis

When certain things are enumerated, and


then a certain phares is used which might
be construed to include other things, it is
usually confined to ejusdem generis or of
the same kind with regard to the preceding
words.
7. Inclusio Unios

The express mention of one person, thing


or consequence is tantamount to express
of exclusion of all others

Exception: when would result of injustice or


when exclusion has nothing to do with the
purpose or if it is only by way of example.
8. Associated Words

Noscitur sociis

When a word is ambiguous, its meaning


can be ascertained from its associates.
9. Negative Words

Mandatory

Affirmative words are directory.

Penal
statutes
are
strictly
against
government and liberally in favor of the
accused.
10. Mandatory and Directory words

Shall- mandatory

May- permissible
Positive prohibition couched in negative
words importing that act shall not be done
otherwise than designated is Mandatory.
11. Conjunctive and Disjunctive words

Ora disjunctive term signifying


dissociation and independence of one thing
from others; to give choice or alternative

And- a conjunction used to denote union


or joinder.
12. Computation of Time

Article 13 of New Civil Code

Section 31, Chapter VIII, Book 1 of


Administrative Code
13. Function of Proviso (Provided)

It qualifies the operation or effectivity of a


particular provision.

Proviso is a clause or part of a clause


whose purpose is to:
i. Except something
ii. To qualify or restrain its generality
iii. To exclude some possible ground of
misinterpretation of its extent.

Provsiso vs Body- the former prevails being


the latest expression of will of legislature.

TREATMENT
Strict Construction

Statutes
will
not
be
enlarged
by
implications or intendment beyond the fair
meaning of the language thereof.

Liberal Construction

Ratio legis est anima (the spirit or reason


of the law is its soul)
The intention of the law is usually found
not in the letter that killeth but in the spirit
that vivfieth.

Treatment:
Law
Criminal Law
Tax Laws
Tax exemption
Political Laws
-Naturalization
Law

Strict
Liberal
Against the
In favor of the
Government
accused
Against the
In favor of the
Government
tax payer
Against the tax In favor of the
payer
Government
Treatment depends.
In favor of the
government
Against
the
applicant
In favor of the
people

Statutory

-Suffrage

To be strictly
construed

-Statutory
provisions
waiving
state
immunity
-Agrarian Laws
-Ordinance
Commercial
Laws
-Contracts:
-Insurance
Labor
and
Social
Legislation
Rules of Court

In
favor
of
grantees
In favor of Local
Government

Intention of the contracting parties


should prevail
Against the
In favor of the
insurer
insured
(beneficiary)
In favor of the
safety
and
decent living of
laborers.
To be liberally
construed
in
order
to
promote
their
objective
and
securing a just,
speedy
and
inexpensive
disposition
of
every action and
proceeding.

Administrative
rules
of
procedure
(Article 7, par
2)

EXTRINSIC AIDS
Extrinsic Aids

They are tools in the construction of


statute that are found beyond the statute
itself- from outside sources.
They are resorted to only upon conclusion
that
the
ambiguity
remains
upon
exhausting all available intrinsic aids.

Tools
1. Legislative History

It refers to
during the
proposed bill
Congress.

They may be
and minutes
committees.

the deliberations made


process wherein the
is carried throughout the
found in journals, records
of the meetings of the

2 elements of Legal acts: Internal


(intention) and external (expression).
Failure of the latter defeats the former.
2. Contemporaneous Construction

Contempraea exposito est optima


fortissimo in lege.
Contemporary
application is the best and strongest
means of understanding the law.

It pertains to the construction (or


sometimes rulings/opinions if quasijudicial bodies) made by the officers or
bodies (executive construction) often
tasked to implement the law.

It is used only and only when, in case


of substantial doubt and ambiguity.

Not binding to courts and may be


rejected if found erroneous.
3. Jurisprudence

serve as guidance

It includes judicial notice.


4. Legal Materials

They pertain to published articles,


books, treatise by people considered as
experts in their field. Examples are as
follows:
i. Legal
Dictionary
and
Encyclopedia such as Blacks
Law Dictionary, Philippine Legal
Dictionary and Bouviers Law
Dictionary.
ii. Law Books (e.g. SCRA of
Centralbooks)
iii. Legal Treatise pertains to
academic paper written by
experts in their respective
fields of law.
iv. Official
Statements
and
Opinions refer to published
official statements made by
officials in the course of their
official duties. Examples are
opinions rendered by the
Secretary Justice on issues of
laws
and
circulars
or
memoranda issued by the
Commissioner
of
Internal
Revenue
regarding
the
treatment and application of
NIRC.
v. Law Journals are publications
made by law schools or
organizations
showcasing
commentaries or legal opinions
made
by
its
faculty
or
members. (like novel issue of
law or recently decided cases)
vi. Foreign jurisdictions pertain
to decisions handed by courts

Statutory
of foreign decisions. They are
at most persuasive.

EFFECTIVITY AND APPLICATION


Article 2 of the New Civil Code
Laws shall take effect after 15 days following the
completion of their publication either in the official
gazette or in a newspaper of general circulation in the
Philippines unless it is otherwise provided.
Article 4 of the New Civil Code
Laws shall have no retroactive effect, unless the
contrary is provided.
Curative Application

Laws whose principal purpose is to cure


errors and irregularities in prior
enactments and in administrative
proceedings.
They are designed to give effect to
contracts
and
other
transactions
between
private
parties
which
otherwise would fail of producing
intended consequences by reason of
some statutory disability or failure to
comply
with
some
technical
requirement.

Statutory
INCOMPATIBILTY

C
any statute.

Incompatibility

It arises when a single or two laws


dealing with the same subject matter
but with conflicting provisions as far as
the treatment and application of right.
In such case, the initial task of the
court is to reconcile them.

Provisions vis--vis Provisions


Maxim: ut magis valeat quam pereat

3.
4.

Do they conform to the constitution?


Do they conform to the intent of the
entire law?
Do they conform to the legislative
intent?
Do they promote justice?

Particular vs General former is operative; latter takes


effect in cases when not within the scope of particular
enactment.
Laws vis--vis Constitution
See Article 7 of New Civil Code and Manila Prince Hotel
vs GSIS
Laws vis--vis Laws

Particular law should prevail.


Subsequent law repeals prior laws
See Article 7 of NCC
Same test with Provisions vis--vis
Provisions.

General Law vis--vis Special Law


Generalia specialibus non derogant.

Must not be unfair or oppressive

Must not be partial or discriminatory.

Must not prohibit but may regulate

trade
G
Must be general and consistent with
the public policy
U

Must not be unreasonable


GENERAL CONSIDERATIONS

Test:
1.
2.

Must not contravene the Constitution

General things to do not derogate


things special. If the statutes are
irreconcilable, general statute must
give way to the special or particular
provisions as an exception to the
general provisions. (even if the later
legislation is the general one)

Laws vis--vis Ordinances


In order to be valid, an ordinance must be within the
corporate powers of local government unit but also,
must
conform
to
the
following
substantive
requirements: G R O U P C

Statutory Construction
It is a branch of law dealing with the
interpretation of laws enacted by a legislature. A
judicial function required when a statute is invoked and
different interpretations are in contention. (Balcks Law
Dictionary)
Interpretation
It is the drawing of the true nature, meaning
and intent of the law through an examination of its
provisions.
Construction
The process of using tools, aid, references
extant from the law in order to ascertain its true
nature, meaning and intent.
Judicial Review
Article VIII of 1987 Constitution provides that:
Judicial power includes duty of the courts 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.
Requisites:
1.
2.

3.
4.

An actual and appropriate case or


controversy
A personal and substantial interest of
the party raising the constitutional
question
The exercise of judicial review is
pleaded at the earliest opportunity
The constitutional question raised is
the very lis mota of the case.

Statutory

Statutory
PRESUMPTIONS

Presumptions
They serve as guide to ensure that the
interpretation or construction of a law or instrument
conform to the Constitution and that would further
bring out the intent behind the law.
1. Valid

2. Just

Laws are presumed to be constitutional


Corollary presumption is that the
Congress did not exceed its powers in
enacting the law and in accord with the
principles of sound public policy.
To justify invalidation, there must be a
clear and unequivocal breach of the
constitution, not a doubtful and
argumentative implication
In case of doubt, duty of court is to
exert every effort to prevent the law
from being nullified.
Lex injustia non est lex

Justice is the reason of the laws


existence.

It is presumed that the law making


body intended right and justice to
prevail in case of doubt

See Article 10 of NCC


3. Applicable

Laws are enacted for a purpose.

Lex non cogit ad impossiblia

It is presumed that the Congress


enacted an effective law.
4. Sensible

Laws in order to be effective and


reasonable must first make sense.

Rationne cessat lex et cessat lex

Statutes must be given sensible


construction, one which will give effect
to the entire statute.

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