AIDS TO CONSTRUCTION

Generally.

Construction placed upon statutes at the time of, or after, their enactment by the executive, legislature or judicial authorities as well as those who are knowledgeable of the intent and purpose of the law

Contemporanea expositio est optima et fortissima in lege

Executive Construction.

Construction placed upon the statute by an executive or administrative officer called upon to execute or administer such statute

Generally the very first officials to interpret the law, preparatory to its enforcement

In the form of rules and regulations, circulars, directives, opinions and rulings

3 Types of Executive Interpretations of the Law

1. Construction by an executive or administrative officer directly called to implement the law.

Expressed interpretation ○ interpretation embodied in a circular, directive or

regulation

Implied interpretation ○ practice or mode of enforcement not

applying the statute to certain situations orapplying it in a particular manner

○ interpretation by usage or practice

3 Types of Executive Interpretations of the Law 2. Construction by the Secretary of Justice in his/her

capacity as chief legal adviser of the government.

Form of opinions issued upon request of administrative or executive officials who enforce the law

In the absence of judicial ruling on the matter andunless reprobated by the President, the opinions ofthe Secretary of Justice are generally controllingamong administrative and executive officials of thegovernment.

The President of theE xecutive Secretary, by theauthority of the President,has the power to modify,alter or reverse the construction of a statute given bya department secretary.

3 Types of Executive Interpretations of the Law

3. Interpretation handed down in an adversary proceeding in theform of a ruling by an executive officer exercising quasi-judicial power. Court ruling distinguishing an interpretation by an

executive officer charged with the enforcement of a law vs. that ofhanded down by an executive official in and adversary proceeding:

There is indeed basis for making such distinction because the position of a public officer, charged with the enforcement ofthe law, is different from the one who must decide a dispute. If there is a fair doubt,his duty is to present the case for the sidewhich he represents, upon which lies the responsibility of decision. Ifhe surrenders a plausible construction, it will, at least it may, be surrendered forever, and yet it may be right. Such rulings need nothave the detachment of a judicial or semi-judicial decision, and may properly carry bias. It would seem that they should not be authoritative.

Weight accorded to contemporaneous construction

Where there is doubt in the interpretation of a statute, the uniform construction is

placed upon it by the executive or administrative officer charged with its

enforcement will be adopted. Contemporaneous construction is the true expression of

legislative purpose Especially if the construction is followed for a considerable period

of time Entitled to great weight and respect by the courts in the

interpretation of ambiguous provisions of the law Unless shown to be clearly erroneous, it will control the

interpretation of statutes by the courts

Weight accorded to contemporaneous construction

Rule: In the absence of error and abuse of power or lack of jurisdiction or

grave abuse of discretion clearly conflicting with either the letter of thespirit of a legislative enactment creating or charging a governmentalagency, the action of the agency would not be disturbed by courts.

Reason: as explained in Nestlé Philippines, Inc. v. Court of Appeals 1.Emergence of multifarious needs of a modern or modernizing

society and the establishment of diverse administrativeagencies for addressing and satisfying those needs2. Accumulation of experience and growth of specialized capabilities by the administrative agency charged with implementing a particular statute.

3. Government agency or officials charged with theimplementation of the law, their competence, expertness,experience and informed judgment, and the fact that theyfrequently are the drafters of the law they interpret.

Weight accorded to usage and practice

- Great value is placed in determining a statute s meaning, especially where the usagehas been acquiesced in by all

parties concerned andhas extended over a long period of time. - Optimus interpres rerum usus- the best interpreter of law is usage

Construction of Rules and Regulations

Rules and regulations issued by executive or administrative officers pursuant to, and as authorized by, lawhave the force and effect of laws. Ithas beenheld that an administrative agencyhas the power to interpret its own rules & such interpretation becomes part of the rules

Why Contemporaneous Construction is given much weight

It comes from a particular branch of government called upon to implement the law thus construed. The respect due the government agency or officials charged with the implementation of the law, their competence, expertness, experience, & informed judgment, & the fact that they frequently are the drafters of the law they interpret. There is need for certainty and predictability in the law

When Contemporaneous Construction is disregarded

No ambiguity in the lawWhere the construction is clearly erroneousWhere strong reason to the contrary existsWhere the court has previously given the statute a different interpretation

Erroneous Contemporaneous Construction does not preclude correction nor create rights, exceptions. The doctrine of estoppel does not preclude correction of

the erroneous construction by the officer himself, by his successor in office, or by the court in an appropriate case.

As a rule, an erroneous contemporaneous construction creates no vested right on the part of those who relied upon, & followed, such construction

Not absolute tax cases

Legislative Interpretation

The fact that the interpretation of a statute is primarily a judicial function does not preclude the legislature from indicating its construction of a statute it enacts into law Interpretative or declaratory clause It may also define the terms used in a statute, enact a declaratory act construing a previous law, or pass a resolution indicating its sense or intention as to a given statute. Legislative interpretation may likewise take the form of an implied acquiescence to, or approval of, an executive or judicial construction of a statute. While legislative interpretation of a statute is not controlling, courts may resort to it to clarify ambiguity in the language thereo

Legislative Approval

Ways when approval may manifest: When it reenacts statute previously given a contemporaneous construction When it amends a prior statute without providing anything without whichwou l d restrict, change, or nullify the previous contemporaneous construction Uses words similar in their import to the language of an earlier law which has received a practical interpretation RatiohabitioMandati Aequiparatur Ratification is equivalent to a mandat

Reenactment

Most common act of approval Based on the principle that the reenactment of a statute, previously given a contemporaneous construction is a persuasive indication of the adoption by the legislature of the prior construction To make the principle of reenactment applicable, the earlier law musthave been reenacted & not merely amended & the contemporaneous construction thereof must be in the form of

regulation to implement the law & duly published & not merely administrative ruling embodied in a letter to a specified individual & not published.

Stare Decisis

Stare decisis et non quieta movere one should follow past precedents and should not disturb whathas been settled. Having stability in the law The Supreme Courthas the constitutional duty not only of interpreting & applying the law in accordance with prior doctrines but also of protecting society from the

improvidence & wantonness wrought by needless upheavals in suchinterpretations & applications.

InterestReipublicaeUt SitFinis Litium Public interest requires that by the very nature of things there must be an end to a legal controversy or litigation Must be a direct rulin