BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATION OF LAWS LEGISLATIVE INTENT (Chapter III)

The object of all interpretation and construction of statutes is to

ascertain the meaning and intention of the legislature, to the end that

the same may be enforced.

Legislative intent is determined principally from the language of the

statute.

VERBA LEGIS

If the language of the statute is plain and free from ambiguity, and

express a single, definite, and sensible meaning, that meaning is

conclusively presumed to be the meaning which the legislature intended

to convey.

STATUTES AS A WHOLE

A cardinal rule in statutory construction is that legislative intent must be

ascertained from a consideration of the statute as a whole and not

merely of a particular provision. A word or phrase might easily convey a

meaning which is different from the one actually intended.

A statute should be construed as a whole because it is not to be

presumed that the legislature has used any useless words, and because

it is dangerous practice to base the construction upon only a part of it,

since one portion may be qualified by other portions.

SPIRIT AND PURPOSE OF THE LAW

When the interpretation of a statute according to the exact and literal

import of its words would lead to absurd or mischievous consequences,

or would thwart or contravene the manifest purpose of the legislature in its enactment, it should be construed according to its spirit and reason,

disregarding or modifying, so far as may be necessary, the strict letter of

the law.

· When the reason of the law ceases, the law itself ceases.

· Doctrine of necessary implications. What is implied in a statute is as

much a part thereof as that which is expressed.

CASUS OMISSUS

When a statute makes specific provisions in regard to several

enumerated cases or objects, but omits to make any provision for a case

or object which is analogous to those enumerated, or which stands upon

the same reason, and is therefore within the general scope of the statute,

and it appears that such case or object was omitted by inadvertence or

because it was overlooked or unforeseen, it is called a “casus omissus”.

Such omissions or defects cannot be supplied by the courts.

The rule of “casus omissus pro omisso habendus est” can operate and

apply only if and when the omission has been clearly established.

STARE DECISIS

It is the doctrine that, when court has once laid down a principle, and

apply it to all future cases, where facts are substantially the same,

regardless of whether the parties and properties are the same.

Stare Decisis. Follow past precedents and do not disturb what has been

settled. Matters already decided on the merits cannot be relitigated

again and again.

“Stare decisis et non quieta movere” (follow past precedents and do not

disturb what has been settled.