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LAW AND ITS APPLICATION

COURT’S DUTY TO DECIDE EVERY CASE

A judgment cannot decline to render judgment by reason of the

silence, obscurity or insufficiency of the laws. In other words, he must

decide the case assigned to him whether or not he knows what law shall

be applied. In case of silence, obscurity or insufficiency of the laws, a

judgment may still be guided by the following:

1. Customs which are not contrary to law, public order or public

policy;

2. Court decisions, foreign or local, in similar cases;

3. Legal opinions of qualified writers and professors;

4. General principles of justice and equity; and

5. Rules of statutory construction.

In criminal cases, however, it is an established rule that there is no

crime when there is no law punishing it. NULLA POENA SINE LEGE. If

there is no law, therefore, which punishes an act complained of, the judge

must dismiss the case.

INTERPRETATIONS OF LAWS

It is the duty of the judge to apply the law without the fear or favor.

In case of doubt in the interpretation or application of the laws, it is

presumed that the lawmaking body intended right and justice to prevail.

There are many rules of statutory construction but in order not to

saddle and confuse the beginner in the study of law, it is enough in the

meantime to know the most basic rules, namely:

1. When the law and its meaning is clear and unmistakable, there is

no need to interpret it any further;

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2. When construction or interpretation is necessary, the court

should interpret the law according to the meaning the legislature

intended to give it;

3. If there are two possible interpretations of a law, that which will

be achieve the ends desired by Congress should be adopted;

4. Laws of pleading, practice and procedure are liberally construed

in order to promote their object and to assist the parties obtaining

just, speedy and inexpensive determination of every action and

proceeding;

5. In case of doubt in the interpretation and application of laws and

when all other rules of statutory construction fail, it is presumed

that the lawmaking body intended right and justice to prevail.

APPLICATION OF LAWS

In applying the law, the court should discover the real intent and

purpose of the legislature. If that intent and purpose can be discovered

within the law, it is duty of the court to carry out that intention. If the same

cannot be discovered within the law, the court shall be guided by extrinsic

aids.

STATUTORY CONSTRUCTION, ITS CONCEPT, PURPOSE AND

EFFECT

Statutory construction is the act 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 for in the law.

CONSTRUCTION DISTINGUISHED FROM INTERPRETATION

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Construction and interpretation have the same purpose and that is

to ascertain and give effect to the legislative intent. A distinction, however,

has been drawn between construction and interpretation. One who

interprets makes use of intrinsic aids or those found in the statute itself,

while one who constructs makes use of extrinsic aids or those found

outside the written language of the law. Based on this distinction, the basic

rule therefore is – ONE MUST INTERPRET FIRST BEFORE HE

CONTRUES.

MEANING OF THE RULE: “ONE MUST INTERPRET FIRST BEFORE

HE CONSTRUES”

In trying to ascertain the legislative intent, courts should first be

guided by intrinsic aids, or those found in the law itself. If the legislative

intent could be ascertained by merely making use of intrinsic aids, there is

no need to make use of extrinsic aids, or those found outside of the written

language of the law. This is the consistent ruling of the Supreme Court in

a long line of cases.

INTRINSIC AIDS DISTINGUISHED FROM EXTRINSIC AIDS

Intrinsic aids are any of the following: title, preamble, words,

phrases and sentences context; punctuation; headings and marginal

notes; and legislative definitions and interpretation clauses. All of these

are found in the law itself.

Extrinsic aids may consist of contemporaneous circumstances,

policy, legislative history of the statute, contemporaneous or practical

construction, executive construction, legislative construction, judicial

construction, and construction by the bar and legal commentators.

PURPOSE OF INTERPRETATION AND CONSTRUCTION

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Interpretation and construction have the same purpose and that is

to ascertain and give effect to the legislative intent.

WHEN IS IT NECESSARY AND NOT NECESSARY TO INTERPRET

AND CONSTRUCT?

WHEN NECESSARY

It is necessary to interpret or construct when any of the following

reasons exists:

1. When the language of the statute is ambiguous, doubtful or

obscure when taken in relation to a set of facts;

2. When reasonable minds disagree as to meaning of the language

used in the statute.

WHEN NOT NECESSSARY

It is not necessary to interpret or construct when the law speaks in

clear and categorical language. The duty of the court, in such a case, is to

APPLY THE LAW, NOT TO INTERPRET IT.

WHO INTERPRETS THE LAW AND WHO DETERMINES LEGISLATIVE

INTENT?

Anyone can interpret the law, Lawyers, policemen, arbiters,

administrative boards and agencies, government as well as private

executives are involved from time to time in the interpretation of laws.

Their interpretation, however, is not necessarily conclusive nor can they

bind the courts. Hence, in many occasions, the decisions of regulatory

boards and administrative agencies have been elevated and appealed to

the Supreme Court in cases where there is abuse of discretion and

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authority or when there is violation of due process or denial of substantial

justice or erroneous interpretation of the law.

The judiciary has the delicate task of ascertaining the significance

of a constitutional or statutory provision, an executive order, a procedural

or a municipal ordinance. It discharges a role no crucial than the roles

played by the two other departments in maintaining the rule of law. To

assure stability legal relations and avoid confusion, it has to speak with

one voice. Logically and rightly, it does so with finality through the highest

judicial organ, the Supreme Court. What it says is definite and

authoritative binding on those who occupy the lower ranks in the judicial

hierarchy.

WHICH PREVAILS – THE LETTER OF THE LAW OR THE SPIRIT OF

THE LAW?

When the language of the law is clear and unequivocal, the court’s

duty is to apply it, not to interpret it. The Supreme Court in the case of

Chartered Bank Employees Association vs Ople, G.R. No. 44747, August

28, 1985, restated the said rule in more elaborate language. It said: “If the

language of the law is clear and unequivocal, then the read the law to

mean exactly what it says. If not, look for the intention of the legislature”

What if the letter of the law conflicts with its spirit, which prevails?

There are two schools of thought on his matter. In the case of

People vs. Sales, et al., G.R. No. 66469, July 29, 1986, Justice Isagani

Cruz articulated his thought on this matter. He said: “A too literal reading

of the law is apt to constrict rather than fulfill” is usually found not in the

“letter that killeth but in the spirit that vivifieth,” which is not really

evanescent or elusive. Judges must look beyond and be bound by the

language of the law seeking to discover by their own lights the reason and

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the rhyme for its enactment. That they may properly apply in accordance

to its ends, they need and must use not only learning but also vision.”

The thinking of Justice Isagani Cruz is more in line with Article 10 of

the Civil Code which says:

“In case of doubt in the interpretation or application of the laws, it is

presumed that the lawmaking body intended right and justice to prevail.”

This is also the gist of the decisions of the Supreme Court on the old

cases of Torres vs. Limhays, 56 Phil. 141, De Coster vs. Olondriz and

Esendero, 50 Phil. 725 and in the celebrated case of Dominador Aytona

vs. Andres Castillo, et al.

Former Chief Justice Ramon Aquino on the other hand, finds it

risky to rely on the so-called “spirit of the law.” He said: It is dangerous to

rely on the so-called spirit of the law which we cannot see nor handle and

about which we do not know very much.”

AIDS IN INTERPRETATION AND CONSTRUCTION

USE INTRINSIC AIDS BEFORE RESORTING TO EXTRINSIC AIDS

In determining the intention of the legislature, courts should resort

first to intrinsic aids before resorting to extrinsic aids.

Intrinsic aids are any of the following: title; preamble; the words,

phrases and sentences context; punctuation; headings and marginal

notes; legislative definition and interpretation clauses.

1. TITLE. – That which expresses the subject matter of the law. It

can help in the construction of statutes but it is not controlling and not

entitled to much weight.

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2. PREAMBLE. – That part of the statute following the title and

preceding the enacting clause which states the reasons or the objectives

of the enactment. It cannot enlarge or confer powers, or cure inherent

defects in the statue.

3. WORDS, PHRASES AND SENTENCES CONTEXT. – The

intention of the legislature must primarily be determined words, phrases

and sentences used therein. The meaning of the law should, however, be

taken from any single part, portion or section or from isolated words and

phrases, clauses or sentences used.

4. PUNCTUATION. – It is an aid of low degree in interpreting the

intelligible meaning of the written word. However, if the punctuation of the

statute gives it a meaning which is reasonable and in apparent accord with

the legislative will, it may be used as an additional argument for adopting

the literal meaning of the words thus punctuated.

5. HEADINGS AND MARGINAL NOTES. – If the meaning of the

statute is clear or if the text of the statute is clear they will prevail as

against the headings especially if the heading have been prepared by

compilers and not by the legislature.

6. LEGISLATIVE DEFINITION AND INTERPRETATION. – If the

legislature has defined the words used in the used in the statute and has

declared the construction to be placed thereon, such definition or

construction should be followed by the courts. The rules are as follows:

a) If a law provides that in case of doubt it should be constructed or

interpreted in a certain manner, the courts should follow such

instruction.

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b) In case of conflict between the interpretation clauses and the

legislative meaning, as revealed by the statute considered in its

totality, the latter shall prevail.

c) A term is used throughout the statute in the same sense in which

it is first defined.

d) Legislative definition of similar terms in other statutes may be

resorted to EXCEPT where a particular expressly declares that

its definition there in is limited in application to the statutes in

which they appear.

EXTRINSIC AIDS

Extrinsic aids are of the following – contemporaneous

circumstances, policy, legislative history of the statute, contemporaneous

or practical construction, legislative construction, judicial construction by

the bar and legal commentators.

Extrinsic aids can be resorted to only after the intrinsic aids have

been used and exhausted.

1. CONTEMPORANEOUS CIRCUMSTANCES. – These are the

conditions existing at the time the law was enacted:

a) History of the times and conditions existing at the time the law

was enacted;

b) Previous state of the law;

c) The evils sought to be remedied or corrected by the law; and

d) The customs and usages of the people.

The above-mentioned circumstances constitute the reasons why

the law was enacted. Hence, the one interpreting the law should place

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himself in the position and circumstances of those who used the words in

question and be able to feel the atmosphere, the conditions and the

reasons why the law was enacted.

2. POLICY. – The general policy of the law or the settled policy of

the state may enlighten the interpreter of the law as to the intention of the

legislature in enacting the same. Hence, if a new agrarian law is enacted

and few years from now, there will arise the need to find out why such a

law is enacted, the conditions prevailing sentiment of the people, the

policy of the state and the executive order issued by the Office of the

President preceding the legislative enactment will throw light upon the

intention of the legislative in enacting said law. The same thing is true if

death sentence is imposed for drug pushers and for those currently

involved in the so-called “Satanism” offenses. The conditions of the times

and the very destructive and heinous crimes committed even in broad

daylight, whether in the city or in the provinces, will convince future

interpreters of the law that such a penalty is needed to protect society.

3. LEGISLATIVE HISTORY OF THE STATUTE. – Such history

may be found in reports of legislative committee, in the transcript of

stenographic notes taken during a hearing, legislative investigation, or

legislative debates.

Are personal opinions of some legislators appropriate aids of

construction?

As a general rule, they are not appropriate aids of construction.

However, if there is unanimity among the supporters and depositors to a

bill with respect to the objective sought to be accomplished, the debates

may then be used as evidence of the purpose of the act.

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4. CONTEMPORANEOUS AND PRACTICAL CONSTRUCTION. –

Those who lived at or near the time when the law was passed were more

acquainted with the conditions and the reasons why that law was enacted.

Their understanding and application of the law, especially if the same has

been continued and acquiesced by the judicial tribunals and the legal

profession, deserve to be considered by the courts.

5. EXECUTIVE CONSTRUCTION. – The construction given by the

executive department deserves great weight should be respected of said

construction has been formed and observed for long period of time. The

rules to remember are as follows:

a) Congress is deemed to have been aware of the

contemporaneous and practical construction made by the

officers with the administration and enforcement of the law.

b) The courts should respect that contemporaneous construction

EXCEPT if it is clearly erroneous.

c) 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 administrator the law.

d) The opinion, however, of the Chief Legal adviser is subservient

to the ruling of the judiciary which is in charge of applying and

interpreting laws.

6. LEGISLATIVVE CONSTRUCTION. – Legislative construction is

entitled to consideration and great weight but it cannot control as against

the court’s prerogative to decide on what is the right or wrong

interpretation.

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7. JUDICIAL CONSTRUCTION. – It is presumed that the

legislature was acquainted with and had in mind the judicial construction

of former statutes on the subject. It is also presumed that the statute was

enacted had received. With respect to a statute adopted from another

state, it is presumed that it was adopted with the construction placed upon

it by courts of that state.

Should this construction be followed.

It should be followed only if it is reasonable, in harmony with justice

and public policy and consistent with the local law.

8. CONSTRUCTION BY THE BAR AND LEGAL

COMMENTATORS. – It is presumed that the meaning publicly given a

statute by the members of the legal profession is a true one regarded as

one that should not be lightly changed. The opinion and commentaries of

text writers and legal commentators, whether they are Filipinos or

foreigners, may also be consulted as, in fact they are oftentimes cited or

made as references in court decisions.

SIMPLICATION OF THE RULE REGARDING THE USE

EXTRINSIC AIDS

Extrinsic aids, such as those mentioned above, are entitled to

respect, consideration and weight but the courts are at liberty to decide

whether they are applicable or not to the case brought to it for decision.

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Source: Introduction to Law

By: Rolando A. Suarez

2009 Edition