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STATUTORY CONSTRUCTION
(A Compendium from the books of Rodriguez, Martin and Agpalo)

Introduction
CONCEPTS AND GENERAL PRINCIPLES

I. Statutory Construction
- Statutory construction is the art or process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application in a given case, where the
intention is rendered is doubtful by reason of the fact that the given case is not explicitly provided
for in the law (Caltex vs. Palomar 18 SCRA 247)
- It is the art of seeking the intention of the authors of the legislature in creating a statute and
applying it to given a state of facts.
- It is the art or process of ascertaining the intention of the law-making body to resolve ambiguity in
the law or its part.
Note: Only statutes with ambiguous or doubtful meaning may be the subject of Statutory Construction

Ambiguity
- Is the doubtfulness, doubleness, indistinctness, non-singularity or uncertainty of meaning of an
expression used in written instrument (Black’s Law Dictionary).
- Also refers to vagueness or obscurity of the true sense or meaning of an expression, text or
language used in a statute.

II. Legal Hermeneutics

- It is the branch of science that establishes the principles and rules of interpretation and
construction of written laws.
- Branch of Jurisprudence

III. Exegesis
- The application of the principles and rules established by legal hermeneutics.

Statutory Construction Legal Hermeneutics Exegesis

Seeking the intention using the Establish the principles and Application of principles and
principles/procedures to be rules: knowing the procedures rules
able to interpret or construct
Goal: To ascertain the intention of the authors of the law.

Cardinal Rule on Statutory Construction

- Achieve the goal of the law
- Ascertain the intention of the frames of the law

Formula:
Facts + Law = Decision
(F + L = D)

Chapter 1
STATUTE, LAWS, BILLS

Statute – is an Act of the legislature as an organized body; it is the Written will of the legislature,
Expressed according to the form necessary to constitute it a law of the state and Rendered authentic by
certain prescribed forms and solemnities. (AWER)

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
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Law – a rule of conduct or order of sequence which any being will not, ought not or cannot deviate.
Elements: certain kinds of force, deviation and consequence.

Bill – is a proposed law; draft of a law submitted to the consideration of the legislative body for adoption.

Kinds of Bills
1. Appropriation Bill – the primary and specific purpose is to authorize the release of funds from the
public treasury.
2. Revenue Bill – one that levies taxes and raises funds for the government.
3. Tariff Bill – one that specifies the rates or duties to be impose on imported articles.
4. Bill Increasing Public Debt – one that authorizes the government to borrow money, either by
borrowing from external sources or offering bonds for public subscriptions.
5. Bill of Local Application – one which is local in character like the creation of new town, city or
province.
6. Private Bill – one that will not operate directly for the public good but calculate to serve good will
(e.g. bills granting honorary membership).

How laws are made: (Procedures)

o Research
 First Reading – any member of either house may present a bill, signed by him and reference to
the proper committee; principal author may propose the inclusion; the bill is read by its title
number and name/s of author/s
o Referral to the Appropriate Committee – if disapproved, the bill dies a natural death
unless the House decides otherwise following the submission of the report.
 Second Reading – the entire bill is read. Debates ensue and changes and amendments are
inserted. The bill is then printed and distributed to all the members of congress. If favored the bill
is forwarded to the Committee on Rules.
 Third Reading – only the title of the bill is read; voting takes place; majority is sufficient to pass
the bill
 Referral to the Other House – the same procedure takes place
o Submission to Joint Bicameral Committee
o Enrolled Bill/Journal
 Submission to the President

Three (3) ways when a bill becomes a law:

1. The President approves the enrolled bill
2. Overriding of veto
3. Non-action of the President

Different Kinds of Statutes:

1. As to Nature:
a. Penal Statutes;
b. Remedial Statutes; D, Dencio’s Code
c. Substantive Statutes; N – ature
d. Labor Statutes A – pplication
e. Tax Statutes P – Performance
2. As to Application S – cope
a. Mandatory
b. Directory O- ther classification
3. As to Performance
a. Permanent
b. Temporary
4. As to Scope
ATTY. NESTOR MONDOK
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 3

a. General
b. Special

5. Other Classification
a. A statute could either be prospective or retroactive
b. A statute could either be repealing act or an amendatory
c. A statute could either be reference statute or a declaratory statute

Functions of Law:
In general, it regulates human conduct; promotion of the common good
i. Defines the rights and duties of citizens
ii. Imposes taxes
iii. Appropriate funds
iv. Defines crimes and provides for their punishment
v. Creates and abolishes government offices; determines their jurisdiction and functions.

Parts of Law:

1. TITLE – gives a general statement of, and calls attention to the subject matter of an act so that
legislators and the public may be appraised of the subject matter of the legislation, and be put
upon inquiry regarding thereto.

2. PREAMBLE – is the part following the title preceding the enacting clause, which states the
reasons for or objective of the statute
Points to remember:
o A preamble does not create a right nor does it grant any right
o It is not a source of government power
o It is not an essential part of a statute

3. ENACTING CLAUSE – the part which indicates the authority which promulgated the enactment.
The enacting clause is not essential to the validity of the law but this clause cloth the statute with
certain dignity because the specific authority that promulgated the law is therein stated.

4. BODY – it contains the subject matter of the statute. The body of the statute should embrace only
one subject matter as required by the Constitution.

5. EXCEPTION AND PROVISIONS – the part which acts as a restraint upon or as a qualification of
the generality of the language which it follows.

6. INTERPRETATIVE CLAUSE – the part of the statute where the legislature defines its own
language and prescribes rules for its construction.

7. REPEALING CLAUSE – the part which announces the legislative intent to terminate, revoke or
repeal another statute/s.

8. SAVING CLAUSE – the part which restricts the repealing act and preserves existing powers,
rights pending proceeding from the effect of the repeal.

9. SEPARABILITY CLAUSE – it is a clause which states that for any reason, any section or
provisions of the statute is held to be unconstitutional or revoked, the other section or provision of
the law shall not be affected.
Points to remember:

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 4

o A separability clause creates a presumption that the legislature intended a separability

rather than complete nullity of the statute. This means that if one past of the statute is
void or unconstitutional, the other parts thereof, which are valid may still stand. This is the
GENERAL rule.
o The general rule, however, is subject to the limitation that if the part of the statute are so
mutually dependent and connected thereby creating a belief that the legislature intended
them as a whole, the nullity or constitutionality of one part may violate the rest.

10. DATE OF EFFECTIVITY – specifies the date and time when the law takes effect.

Sources of Laws:

- Constitution
- Statute enacted by Congress

- Decrees issued under the 1973 Constitution

- Executive of the President
- Decision of Courts

The Three (3) Branches or departments of Government

1. EXECUTIVE
- Vested in the president; administer laws, carrying them into practical operation and enforcing
their due observance.
Separation of powers – principle that states
2. LEGISLATIVE
- Power to make, alter or repeal laws that the division of power shall be
- Vested in a bicameral Congress maintained which means that a function of
one shall not be a function of another,
3. JUDICIARY
- Power to interpret and apply the laws unless the people allow it.
- Vested in one Supreme Court and such lower courts as may be established by law

Principles:
 Check and Balance (maintain equilibrium)
- Law making power of Congress subject to veto power of the president, which in turn may be
overridden (avoid hasty and improvident legislation, i.e. Hodgepodge and log-rolling
legislation)
- Congress may refuse to give concurrence to an amnesty granted or treaty entered into by the
president.
- Judicial review
 Separation – the purpose is to prevent the concentration of authority in one person or group that
might lead to an irreversible error or abuse in its exercise. (Absolute power corrupts absolutely).
Justice Laurel:
“To secure action, to forestall over action, to prevent despotism (absolute power) and to
obtain efficiency.”

Constitution:
The three branches are entrusted with each of their powers are not permitted to encroach
upon the powers of confided to the others.
 Non-delegation of Powers

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 5

- What has been delegated cannot be delegated

- Delegated power constitutes not only a right but also a duty to be performed by the delegate
through the instrumentality of his own judgment.

The Test of Valid Delegation

1. Completeness Test – Laws must be complete in all its essential terms and conditions so that
there will be nothing left for the delegate except to enforce it.
2. Sufficiency of Standard Test – Indicates the circumstances which the policies are to be pursued
and implemented. Limits and provides parameters of discretion; purpose is to prevent total
transference of legislative power from the law-making body to the delegate.

CHAPTER 2
INTERPRETATION AND CONSTRUCTION

Rule: In determining the intention of the legislature, courts should resort first to interpretation
(intrinsic aids) before resorting to construction (extrinsic aids).
Reason: speech is the index of intention.

INTERPRETATION:
- Is the part of finding the true sense and meaning of word/s without going beyond the context
of the statute.
- It utilizes intrinsic aids (those present in the law itself), which are as follows:
a. Title – expresses the subject matter of the law
b. Preamble – states the reasons and objectives of the enactment
c. Punctuation – may be used as an additional argument for adopting the literal
meaning of the words thus punctuated but can never control against the intelligible
meaning of a written word.
d. Words, Phrases, Sentences and Context – the intention must primarily be
determined from the language of the statute as a whole and not from any single
part/portion or section or from isolated words, phrases and sentences used.
e. Headings and Marginal Notes – determines the scope of the provision and their
relation to other portions of the act, however, if the meaning of the statute or if its text
is clear, it will prevail as against the heading, if the latter has been prepared by
compilers and not the legislature.
f. Legislative Definition and Interpretation – definition of the legislature of the words
used in the stature and the construction to be placed thereon. The rules are as
follows:
 If a law provides that in case of doubt, it should be construed and interpreted
in a certain manner that the courts should follow such instructions.
 In case of conflict between the interpretation clauses and the legislative
meaning, as revealed by the statute when considered in its totality, the latter
shall prevail.
 A term is used throughout the statute in the same sense it is first deemed.
 Legislative definition in similar terms on the statute maybe resolved to,
except, where a particular law expressly declares that its definition therein is
limited in application to the statutes in which they appear.

EXTRINSIC AIDS

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 6

- Extraneous facts, circumstances of means of explanation resorted to for the purpose of

determining the legislative intent.
- Drawing conclusions respecting subjects that lie beyond the direct expression of the text.
- It can only be resorted when intrinsic aids have been used and exhausted.
- It utilizes extrinsic aids, which are as follows:
a. Contemporaneous Circumstances – conditions existing at the time the law was
enacted; previous state of the law; evils sought to be prevented; customs and
languages of the people.
b. Policy – the general policy of the law or the settled policy of the state which induced
the enactment may enlighten the interpreter of the laws as to be the intention of the
legislature enacting the same.
c. Legislative History of the State – may be found in the reports of the legislative
committees in the transcript of the stenographic notes taken during hearings,
investigation and debates.
d. Contemporaneous and Practical Construction – those who lived near or at the
time when the law was enacted were more acquainted of the conditions why the law
was enacted. Their understanding and application of the law, especially if the same
has been construed by the judicial tribunals and legal profession, deserve to be
considered by the courts.
e. Executive Construction – deserves great weight and should be respected if said
construction has been formed and observed for a long period of time. The rules to
remember are as follows:
 Congress is deemed to have been aware of the contemporaneous and
practical construction made by the officers charged with the administration of
and enforcement of the law.
 The court should respect that contemporaneous construction except if it is
clearly erroneous.
 Executive construction has more weight if it is rendered by the Chief Legal
Adviser of the government who can issue opinions to assist various
departments of the government charged with the duty to administer the law.
 The opinion, however, by the Chief Legal Adviser is subservient to the ruling
of the judiciary which is in charge of applying and interpreting the laws.
f. Legislative Construction – entitled to consideration but cannot control against the
court’s prerogative to decide on what is wrong and right interpretation.
g. Judicial Construction – it is presumed that statutes were enacted in the light of
judicial construction that the prior enactment had received.
h. Construction by the Bar and Legal Commentators – the meaning publicly given
by the members of the legal profession is a true one and regarded as one that should
not be lightly charged.

PRACTICAL FORMULA IN STATUTORY CONSTRUCTION

INTERPRETATION
Exegesis

P1 P2
Statutory Intrinsic Aids + LAW (Principle) = Conclusion Intention of the
Construction Construction Authors of the Law
Exegesis

P1 P2
Extrinsic Aids + LAW (Principle) = Conclusion
ATTY. NESTOR MONDOK
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 7

CHAPTER 3
PRESUMPTIONS AND LATIN MAXIMS

Presumption of Validity
Every statute passed by the legislature is presumed to be valid because the legislature is
supposed to have considered the question of its validity before approving it. In cases of doubt, the court
resolves in favor of its validity.

Presumption of Constitutionality
The presumption is always in favor of constitutionality. However, if the statute is really
unconstitutional, the courts are not only authorized but must declare its unconstitutionality. The court must
see to it that the other departments have not exceeded their constitutional authority. (Essence of
Separation of Powers and System of Check and Balance)

Presumption of Good Faith

It is presumed that the legislative department had good motives in having considered and
adopted a particular law; that it acted with a desire to promote an intention not to disregard the civil and
political liberties of the people.

Presumption against Injustice

In case of doubt in the interpretation of laws, it is presumed that the lawmaking body intended
right and justice to prevail (Article 10, Civil Code of the Philippines)

Presumption against Inconsistency/Presumption on Consistency

In case of doubt, such construction as will make all provisions on the statute consistent with one
another and with the entire act should be adopted.
A word or phrase repeated in a statute will have the same meaning throughout the statute, unless
a different intention appears.

Presumption against Absurdity

It is presumed that the legislature does not intend that absurdity will flow from its enactment. The
courts therefore have the duty to interpret the law in such a way as to avoid absurd results.

Presumption against Ineffectiveness

It is presumed that the legislative body does not intend to adopt laws; which are unnecessary and
ineffective. It is presumed that it intends to impart to its enactment such a meaning as will render them
operative and effective. There are two important rules in statutory construction on this point, thus:
a. Where a law is susceptible of two constructions, one will render it unconstitutional and
the other upholds its validity, the latter must be adopted.
b. Where the language of the law is susceptible of two or more construction, one will render
the statute ineffective or inefficient and another will tend to give effect to the object for
which the law was adopted, then latter should prevail.

Presumption against Irrepealable laws

It is presumed that the law making body does not intend its laws shall be irrepealable because
Congress cannot enact irrepealable laws nor limit its future legislative act. The need of today and the
situation obtaining now will not most likely be the same in the years to come. Laws should adapt to
changing times.

Presumption against Implied Repeal

Repeal by implication is not favored. There are two requirements before a statute can be
considered to have repealed a prior statute by implication, namely:

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 8

a. That the statute touch on the same subject matter; and

b. That the latter statute is repugnant to the earlier one.

Note: Rules to remember on the matters of repeal:

1. Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse, custom or practice to the contrary. (Art. 7, Civil Code
of the Philippine)
2. When a law which expressly repeals a prior one, the first law shall not be thereby
revived, unless expressly provided. However, when a law repeals a prior law, not
expressly but by implication only, its repeal revives the prior law, unless, the language
of the repealing statute provides otherwise.
3. A general law does not repeal special law unless it is so expressly provided, or they
are incompatible, in which case, the special law prevails over the general law.

Presumption against Violation of Public Policy

It is presumed that the legislature designed to favor and foster rather than to contravene the
public policy which is based upon the principles of natural justice, good morals, and the settled wisdom of
the law as applied to the ordinary affairs of life.

Presumption of Knowledge of Existing Laws

In enacting a law, the lawmaking body is presumed to have the full knowledge of existing laws on
the subject. Hence, if there are two laws on the same subject enacted in different dates, the latter law
cannot be held to have abrogated the former law unless repugnancy is clear, convincing and
irreconcilable.

Presumption of Acquiescence to Judicial Construction

When the court has construed a statute in a particular manner and the lawmaking body had no
move to alter or amend the said statute, it is presumed that the legislature has acquiesced to that
interpretation.

Presumption of Jurisdiction
A statute will not be construed in such a manner as to oust or restrict the jurisdiction of the
superior courts or to vest a new jurisdiction in them, unless, there are express words or a necessary
implication to the effect.

Presumption on Acting within the Scope of Authority

It is presumed that the legislature acted within the scope of its authority. If a statute admits more
than one interpretation, one that places the statute outside of the legislative competence and one that
places the legislative within the limits of legislative competence, the court should adopt the latter
interpretation.

Presumption against Violation of International Law

It is presumed that a statute is in conformity with the rules and principles of International Laws, or
with treaties duly entered into and accepted by our government. This is in line with Section 2, Article II of
the 1987 Constitution, which provides:
“Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land, and adheres to
the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

 Doctrine of Incorporation – holds that every state is, by reason of its membership in the family of
nations, bound by the generally accepted principles of international law.

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 9

 Doctrine of Transformation – holds that an international agreement would be binding only upon a
state if that state enacts a law specifically making such international agreement part and parcel of
their laws.

General Principles in the Construction of Statutes

1. In PariMatria Rule
2. Statutes must be read and construed as a whole.
3. Legislative intent must be ascertained from the statute as whole.
4. Courts have the duty to reconcile or harmonize the different provisions of the statute, including
the conflicting provisions thereof.
5. As a rule, a statute of latter dates prevails.
6. GeneraliaSpecialibus non derogant
7. A special law prevails over a general law
8. In interpreting re-enacted statutes, the courts will follow the construction which the statutes
previously received.
9. In case of adopted statutes, the interpretation of the courts of the state from where it is adopted
should be considered.
10. In case of conflict between a common law principle and a statutory provision, the latter prevails.

Latin Maxims on Construction/Interpretation of Words and Phrases

 Doctrine of Last Antecedent

Relative and qualifying words, phrases and clauses are to be applied to the word or
phrase immediately preceding and not to others more remote.

 Ejusdem Generis
Where the general term follows the designation of particular things or classes of persons
or subjects, the general term will be construed to include only those things or persons of the
same class, kind or nature as those specifically enumerated.
The purpose of the rule is to give effect to both the particular and the general words by
treating the particular words indicating the class and the general words as including all that is
embraced in the said class, although not specifically named by the particular words. This is
justified on the ground that if the legislature intended the general terms to be used in their
unrestricted sense, it would not have made an enumeration of the particular subjects but would
have also used only general terms.
The principle applies when specific words preceding the general expression are of the
same nature. Where if they are of different genre, the meaning of the general word remains
unaffected by its connection with them.
(READ: Mutuc vs. COMELEC, November 26, 1970, 36 SCRA 228)

 Noscitur a Soclis
Under this rule, the meaning of particular terms in a statute may be ascertained by
reference to words associated with or related to them in a statute.
Where particular word or phrase in a statute is ambiguous in itself, or is simply
susceptible of various meanings, its true meaning may be made clear and specific by considering
the company of words in which it is found or which it is associated.
Where there are two or more words of ambiguous meaning together in a statute, they are
understood to be used in their cognate sense to express the same relations and give color and
expression to each word.
Where a law does not define a word therein, it will be construed as having a meaning
similar to that of words associated or accompanied by it.
(READ: Caltex vs. Palomar, September 29, 1966, 18 SCRA 247)
 Casus Omisus
ATTY. NESTOR MONDOK
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 10

Under this rule, the words or phrases may be supplied by the courts and inserted in a
statute where that is necessary to eliminate repugnancy and inconsistency in the statute and to
complete the sense thereof, and to give effect to the intention of the legislature manifested
therein. The rule is especially applicable where such application is necessary to prevent the law
from becoming a nullity. This rule is also used to supply omissions occasioned by clerical errors,
by accident or inadvertence.

 Casus Omisus Pro OmissoHebendusEst

Under this rule, a person, object or thing omitted from the enumeration must be held to
have been omitted intentionally. The maxim can operate when the omission had been clearly
established.

 VerbaLegis (Plain Language Rule)

If the statute is clear, plain and free from ambiguity, it must be given its literal meaning
and applied without attempted interpretation.
The language of the statute affords the best means of its exposition and legislative intent
must be determined primarily therefrom. It is the court’s duty to give the statute the interpretation
called for by its language. The court may not speculate as to the probable intent of the legislature
apart from the words. Popular clamor as to the enforcement of a law adds nothing to, and
detracts nothing from the duty of the court to construe the law as it is. The law may sometimes be
harsh, but if it is so written and intended by the legislature, the courts have no recourse but to
apply it.
(READ: Daoangvs Municipal Judges of San Nicolas, Ilocos Norte, March 28, 1988, 159 SCRA
369)

 VerbaLegis Non EstRecedendum

From the words of a statute there should be no departure.

 Absolute SentenciaExpositore Non Indiget

When the language of the law is clear, no explanation of it is required.

 GeneraliaVerba Sun GeneraliterIntelligencia

What is generally spoken shall be general understood.

 Dura LexSedLex (The law may be harsh but that is the law)
The reason for the rule is that the legislature must be presumed to know the meaning of
the words, to have used the words advisedly and to have expressed its intent by the use of such
words as are found in the statute.

 Ratio Legis (Interpretation according to spirit)

In construing a statute, the courts must look into the spirit if the law or the reason for it.
The spirit or intention of the law prevails over the letter thereof. The statute may be extended to
cases which are not included within the literal meaning of the words, if such case is within the
reason for the statute. And the cases within the letter of the law but not within the spirit thereof are
not within the statute. No reason, however, may be imputed to the legislature, which is not
supported by the fact of the law itself. In determining the reason for the law, recourse may be had
to the preamble or applicable where adherence to the letter would lead to absurdity, injustice,
contradiction or defeat the plain purpose of the act. Apparent inaccuracies did and mistakes in the
mere verbiage or phraseology will be overlooked to give effect to the spirit of the law.

 Ratio LegisEst Anime

The reason of the law is its soul.
ATTY. NESTOR MONDOK
Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 11

 CessanteRatione (Legis) CessatIpsaLex

When the reason for the law ceases, the law also ceases to exist.

 MensLegilatores
The courts look into the object to be accomplished, the evils and mischief to be remedied
or the purpose to be observed. The court should give the statute a reasonable or liberal
construction which will best effect its purpose rather than one which will defeat it even though
such construction is not within the strict literal interpretation of the statute.
The court should give the statute a reasonable or liberal construction which will best
effect its purpose rather than one which will defeat it.
Statutes must be construed to avoid injustice.

 ReddendoSingulaSingulis (Let each be put in its proper place)

Under this principle, where a sentence has several antecedents and several
consequents, they are to be read distributively. The antecedents should be referred to their
appropriate consequents and vice versa.
Each word, phrase or clause must be given its proper connection in order to give it proper
force and effect, rendering none of them useless or superfluous. A transposition of words and
clauses may be resorted to where the sentence or clause is without meaning as it stands.
This is also to be referred to as the doctrine of collocation which literally means, “referring
each to each.”

 ExpressioUniusEstExclusioAlterius (InclusioUniusEstExclusioAlterius)
Mention of one thing implies the exclusion of another.
When a statute enumerates the subjects or things on which it is to operate, it is to be
construed as excluding from its effect all those no expressly mentioned.
The maxim is only auxiliary rule of statutory construction. It is not of universal application
neither is it conclusive. It should be applied only as a means of discovering the legislative intent
which is not otherwise manifest and should never be permitted to defeat the plainly indicative
purpose of the legislature.
The maxim does not apply when words are mentioned by way of example, or to remove
doubts. CASE: ESCRIBANO V. AVILA G.R. No. 30375, September 12, 1978, 85 SCRA 245
 GeneraliaSpecialibus Non Derogant
A penal law does not nullify a specific law. Special provisions prevail over general
provisions. A special law must be intended to constitute an exception to the general law in the
absence of special circumstances forcing a contrary conclusion.

 Legis Posteriors Priores Contraries Abrogant

In case of an irreconcilable conflict between two laws of different vintages, the latter
enactment prevails. The rationale is that a latter law repeals an earlier one because it is the latter
legislative will. It is to be presumed that the lawmaker knew the older law and intended to change
it. In enacting the older law, the legislators cannot have known the newer one and hence could
have intended to change what they did not know. Under the Civil Code, laws are repealed only by
subsequent ones.

 Optima StatuliInterpretatixEstIpsumStatutum
The best interpreter of a statute is the statute itself

 Ut Res Magis Quam Pereat

This means that it is not enough that the statute should be given effect as a whole but
that effect should be given to each of the provisions of the statute.

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS
 12

 PariMatria (Materia) Rule

All statute relating to the same subject, or having the same general purpose, should be
construed together as if they constituted one law. They should be construed and harmonized with
the existing law.

 LexProspicit, Non Respicit

The law looks forward not backwards.

 Lex De Futuro, Judex De Praterito

The law provides for the future, the judge for the past.

 UbiLex Non DistinguitNecNosDistinguireDebemos

When the law does not distinguish, courts should also not distinguish. Founded on logic,
the rule is corollary of the principle that general words and phrases in a statute should ordinarily
be accorded their natural and general significance. It requires that the general words and phrases
should not be reduced into parts and other parts distinguished from the other parts so as to justify
its exclusion from the operation of the law. There should be no distinction in the application of a
statute where none is indicated.

 Index Animi SermoEst

Speech is the index of ntention

 InterprationTalis In Ambiguis Semper FriendaEst, UtEviaturInconveniens Et Absurdum

Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is
to be adopted.

 Ex NecissitateLegis (Doctrine of Necessary Implication)

What is implied in the statute is as much part thereof as that which is expressed. Every
statute is understood, by implication, to contain all such provisions as may be necessary to
effectuate its object and purpose.

 In Eo Plus Sit, Simper InestInest Et Minus

The greater includes the lesser.

ATTY. NESTOR MONDOK

Professor, Statutory Construction
COLLEGE OF LAW
UNIVERSITY OF THE CORDILLERAS