NOTES ON STATUTOTORY CONSTRUCTION

BY: ATTY. AARON DY GO, CPA

Statutory Construction Defined – Construction is the art or process of discovering and

expounding the meaning and the intention of the authors of the law with respect to its application to a
given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the
given case is not explicitly provided for in the law. (Black’s law Dictionary)

Construction distinguish from Interpretation:

Construction – Drawing of conclusions with respect to subjects that are beyond the direct expressions of
the text, from the elements known and given in the text.

Interpretation - Process of discovering the true meaning of the language used.

 Interpretation is used to determine the true meaning of the word used in the statute, construction
on the other hand is used when there is a need to go beyond the language of the statute and seek
the assistance of extrinsic aids to determine if the case falls within the statute.

 It is a cardinal rule in statutory construction that in interpreting the meaning and scope of a term
used in the law, a careful review of the whole law involved, as well as the intendment of the law,
must be made. In fact, legislative intent must be ascertained from a consideration of the statute as a
whole, and not of an isolated part or particular provision alone. (AISA vs. NLRC, 82 SCAD 800, G.R.
No. 111722, May 27, 1997)

 Every part of a statute must be interpreted with reference to the context, and must be consistent
with the general intent of the whole enactment

 Although the principle of separation of powers among the three branches of government is observed
in the Philippines, there are overlaps in their functions. To determine the allowable overlaps among
the three branches of government, the respective duties and responsibilities of each branch must be
clearly specified, thus;

Executive Branch – Execution of Laws.

Legislative Branch – Rule Making.
Judiciary – Interpretation of Laws.

The allowable overlaps among these powers are as follows;

 1. The overlap between the executive and the legislative functions which is referred to as the rule
making powers of the executive. When the exercise of this rule making power exceeds the
legislative grant, the judiciary has the power to have it stricken out as ultra vires.

2. The overlap between the executive and the judicial functions:

The power granted to an administrative agencies to perform quasi-judicial functions – these

quasi-judicial functions are expressly provided for by the legislature, and when the administrative
agencies exceeds the power conferred by law, the judiciary may set it aside.

The power of the executive branch to interpret statutes – this interpretation is not conclusive
upon the courts, although it is given substantial weight.

3. The overlap between judicial and legislative functions – this overlap is the focus of the study of
statutory construction.

 “To declare what the law shall be is a legislative power, but to declare what the law is or has been, is
judicial.” (Fleete vs. Nickerson, 54 L.R.A., p. 554)

 When statutes be literally construed.

“ABSOLUTIA SENTENCIA EXPOSITORE NON INDIGET.” – “Plain words require no explanation.”

“Statutes are to be interpreted in their ordinary, commonly accepted usage.”

(Espino vs. Cleofe, 52 SCRA 92)

“When the language of the law is clear and unequivocal, the law must be taken to mean exactly what
it says.” (IBAAEU vs. Inciong, 132 SCRA 663; Chartered Bank Employees Association vs. Ople, 138
SCRA 273)

 Constitution defined – “It is the written instrument agreed upon by the people…. As the absolute rule
of action and decision for all departments and officers of the government, and
in opposition to which any act or rule of any department or officer of the
government, or even of the people themselves, will be altogether void.”
(Cooley, Constitutional limitations 3 (1868)

 Construction of the Constitution – The whole Constitution is to be examined in order to determine

the meaning of any provision.
 Statute defined – “An act of the legislature commanding or prohibiting something; a particular law
enacted and established by the will of the legislative department of government;
written will of the legislature, solemnly expressed according to the forms necessary
to constitute it the law of the state.” (Black’s Law Dictionary, 4th ed.)

 TYPES OF STATUTES:

As to scope of application:

1. General – affects all the people of the state.

2. Special – relates either to particular persons or things of a class or which operates on a portion
of a class.
3. Local – operates over a particular locality.

As to interested parties:

1. Public – concerns the interest of the public at large.

2. Private – concerns particular individuals.

As to effect ( In Time ):

1. Prospective – statute operates upon acts done and transactions occurring after it takes effect.
(2 Sutherland, Statutory Construction, 3rd ed. p. 227)
2. Retrospective – affects acts already committed and operates on transactions completed.
(2 Sutherland, Statutory Construction, 3rd ed. p. 228)

As to purpose:

1. Remedial – statutes which provides remedies for enforcement of rights and redress of
grievances.
2. Penal – statutes which impose a punishment for the violation of its provisions.
3. Curative – statutes which cures defects in prior law.

As to coercive force applied:

1. Mandatory – A statute is mandatory if non-compliance therewith renders the proceedings to

which it relates null and void.
2. Directory – A statute where non-compliance therewith does not invalidate the proceedings to
which it relates.
As to period of effectivity:

1. Permanent – One whose operation or activity is not limited to some particular term or period,
but continues in force until repealed or amended. ( Crawford, Statutory
Construction, pp. 103-104)
2. Temporary – One whose operation or effectivity is limited to a fixed period or term. It continues
in force up to the expiration of said period or term, unless earlier repealed or
amended.

As to stage of enactment:

1. Original – independent of existing statutory provision.

2. Amendatory – expressly adds to or supplements, or works out an improvement in the original
law.
3. Repealing – revokes or terminates another statute.
4. Adopted – adopted wholly or in part by another state.
5. Re-enacted – pre-existing statutes which are passed by the same legislature which originally
enacted them in the same terms or in substantially the same language and for the same purpose
and object as the original statute. ( Black on Interpretation of Laws, pp. 597, 607 ).