Statutory Construction Finals
advisedly,
and
to
have
expressed its intent by the
use of such words as are
found in the statute.
Chapter 15
Three Maxims Employed as
Aids to Construe Constitutional
Provisions
Verba legis (plain meaning
rule) whenever possible,
the words used in the
Constitution must be given
their
ordinary
meaning
except where technical terms
are employed.
Ratio legis est anima (the
reason of the law is its soul)
where there is ambiguity, the
words of the Constitution
should be interpreted in
accordance with the intent of
the framers
Ut magis valeat quam
pereat (that construction is
to be sought which gives
effect to the whole of the
statute its every word) the
Constitution is interpreted as
a whole
Dura lex sed lex (the law may be
harsh, but that is the law)
Absoluta sentential expositore
non indigent (when language of
law is clear, no explanation is
required)
Latin Maxims: Their Meaning
and Importance
Verba
Rule)
Legis
(Plain
Meaning
Also called the Cardinal
Canon
If statute is clear, plain and
free form ambiguity, it must
be given its literal meaning
and
applied
without
attempted interpretation.
The legislature is presumed
to know the meaning of the
words, to have used words
When the court is clear, there
is no other recourse but to
apply it regardless of its
perceived harshness.
The law is the law, and if
there is a need to change,
amend or repeal it, that may
be done through legislative
process, not by judicial
decree.
When the law is clear, what
the courts should do is to
apply it, not interpret it.
Construction
and
interpretation
come
only
after
it
has
been
demonstrated
that
application is impossible or
inadequate with them. It is
not within the power of a
court to set aside the clear
and explicit mandate of a
statutory provision.
Ejusdem generis (of the same
kind of specie)
Where a general word or
phrase
follows
an
enumeration of particular
and specific words of the
same class, the general word
or phrase is to be construed
to include, or to be restricted
to, persons, things, or cases
akin to, resenting, or of the
same kind or class as those
specifically mentioned.
Where general words follow
an enumeration of persons or
things, by words of a
particular
meaning,
such
general words are not to be
construed in their widest
extent, but are to be held as
applying only to persons or
things of the same kind of
class specifically mentioned.
Limitations of Expressio unius est
exclusion alterius
Ejusdem generis to be applicable
requires the following requisites
to concur:
1. A
statute
contains
an
enumeration of particular
and specific words, followed
by a general word or phrase;
2. The particular and specific
words constitute a class or
are of the same kind;
3. The enumeration of the
particular and specific words
is not exhaustive or is not
merely by examples;
4. There is no indication of
legislative intent to give the
general words or phrases
broaden meaning
Expressio
unius
est
exclusion
alterius
(the
express mention of one person,
thing or consequence implies
the exclusion of all other)
Express mention is implied
exclusion
Also
known
as
the
Doctrine of Negative
Implication
Also known as negativeopposite doctrine what
is expressed puts an end
to that which is implied.
Does not apply if the
enumeration
was
not
intended to be exclusive;
Does not apply if the
enumeration is by way of
example or to remove double
only;
Does not apply in case a
statute appears on its face to
limit the operation of its
provision
to
particular
persons
or
things
by
enumerating them, but no
reason exists why other
persons or things not so
enumerated should not have
been included and manifest
injustice will follow by not
including them.
Does not apply when it
defeats the plainly indicated
purpose of the legislature;
Does not apply if it leads to
inconvenience, hardship and
injury to public service
Does not apply if it will result
incongruities or a violation of
the equal protection clause of
the constitution
Ex
necessitate
legis
necessary implication of law)
(by
Also known as Doctrine of
Necessary Implication
Every statute is understood,
by implication, to contain all
such provisions as may be
necessary to effectuate its
object and purpose, or to
make
effective
rights,
powers,
privileges
or
jurisdiction which it grants,
including all such collateral
and subsidiary consequences
as may be fairly and logically
inferred from its terms.
Favores ampliandi sunt; odia
restrigenda (Penal laws which are
favorable to the accused are given
retroactive effect)
Art. 22. Retroactive effect of
penal laws. Penal Laws shall
have a retroactive effect
insofar as they favor the
persons guilty of a felony,
who is not a habitual
criminal, as this term is
defined in Rule 5 of Article 62
of this Code, although at the
time of the publication of
such laws a final sentence
has been pronounced and
the convict is serving the
same.
Generalia
specialibus
non
derogant (a general law does not
nullify a specific or special law)
General rule: The special
must prevail since it evinces
the legislative intent more
clearly than that of a general
statute and must be taken as
intended to constitute an
exception to the general act.
Exceptions:
1. Where the legislature
clearly intended the
later
general
enactment to cover the
whole subject and to
repeal
all
prior
inconsistent laws
2. Where the special law
merely establishes a
general rule while the
general law creates a
specific and special
rule.
Leges
posteriors
priores
contrarias abrogant (a later law
repeals a prior law on the same
subject which is repugnant thereto)
As between two laws on the
same subject matter which
are
irreconcilably
inconsistent, that which is
passed later prevails, since it
is the latest expression of
legislative will.
Lex proscipit non respicit (the
law looks forward, not backward)
Statutes are to be construed
as having only prospective
application,
unless
the
intendment of the legislature
to give them a retroactive
effect is expressly declared
or is necessarily implied from
the
language
used.
Presumption is prospectively.
Art. 4. Civil Code: Laws shall
have no retroactive effect,
unless
the
contrary
is
provided.
Ratio
Legis
according to spirit)
(interpretation
It is not the letter of the law
that killeth, but it is the spirit
of the law that giveth life.
Article 10, CC in case of
doubt in the interpretation
of application of the laws,
it is presumed that the
lawmaking body intended
right and justice to prevail
Stare decisis et non quieta
movera (follow past precedents
and do not disturb what has been
settled)
The reason is that the
interpretation of a statute by
the Supreme Court forms
part of the statute itself
Judicial decisions applying or
interpreting the laws or the
Constitution shall form part
of the legal system of the
Philippines (Art. 8, Civil
Code).
As part of the legal system,
and until reversed by the
Supreme Court itself, rulings
of the SC are binding upon
the inferior courts.
The rule rests on the
desirability of having stability
in the law.
Ubi lex non distinguit, nec nos
distinguere debemus (where the
law does not distinguish, we should
not distinguish)
There should be distinction in
the application of the law
where none is indicated.
Congress, in making no
qualification in the use of
general word of expression,
must have intended no
distinction at all.
Courts could only distinguish
where there are facts or
circumstances showing that
the lawgiver intended a
distinction or qualification. In
such a case, the courts would
merely give effect to this
lawgivers intent.
