Statutory Construction (Chapter I)

PRELIMINARY CONSIDERATIONS

STATUTORY CONSTRUCTION DEFINED

Statutory Construction – the art or process of discovering and

expounding the meaning and intention of the authors of the law with

respect to its application to a given case, where that intention is rendered

doubtful, among others, by reason of the fact that the given case is not

explicitly provided for in the law.

Justice Martin defines statutory construction as the art of seeking the

intention of the legislature in enacting a statute and applying it to a

given state of facts.

A judicial function is required when a statute is invoked and different

interpretations are in contention.

Difference between judicial legislation and statutory construction:

Where legislature attempts to do several things one which is invalid, it

may be discarded if the remainder of the act is workable and in no way

depends upon the invalid portion, but if that portion is an integral part of

the act, and its excision changes the manifest intent of the act by

broadening its scope to include subject matter or territory which was not

included therein as enacted, such excision is “judicial legislation” and

not “statutory construction”.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED

Construction is the drawing of conclusions with respect to subjects that

are beyond the direct expression of the text, while interpretation is the

process of discovering the true meaning of the language used.

Interpretation is limited to exploring the written text. Construction on

the other hand is the drawing of conclusions, respecting subjects that lie

beyond the direct expressions of the text.

SITUS OF CONSTRUCTION AND INTERPRETATION

In our system of government:

· Legislative power is vested in the Congress of the Philippines – the

Senate and the House of the Representatives

· Executive power is vested in the President of the Republic of the

Philippines (Art. VII, Sec.1, Phil. Const.)

· Judicial power is vested in one Supreme Court and in such lower

courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)

Legislative – makes the law

Executive - executes the law

Judicial – interprets the law

Simply stated, the situs of construction and interpretation of written

laws belong to the judicial department.

It is the duty of the Courts of Justice 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.

Supreme Court is the one and only Constitutional Court and all other

lower courts are statutory courts and such lower courts have the power

to construe and interpret written laws.

DUTY OF THE COURTS TO CONSTRUE AND INTERPRET

THE LAW; REQUISITES

1. There must be an actual case or controversy,

2. There is ambiguity in the law involved in the controversy.

Ambiguity exists if reasonable persons can find different meanings in a

statute, document, etc.

A statute is ambiguous if it is admissible of two or more possible

meanings.

If the law is clear and unequivocal, the Court has no other alternative

but to apply the law and not to interpret.