Statutory Construction: (Philippines), Inc. vs. Palomar, L-19650, September 29, 1966, 18 SCRA 247)
Statutory Construction: (Philippines), Inc. vs. Palomar, L-19650, September 29, 1966, 18 SCRA 247)
Statutory Construction: (Philippines), Inc. vs. Palomar, L-19650, September 29, 1966, 18 SCRA 247)
Ut res magis valeat quam pereat – that Construe to attain the general welfare
construction is to be sought which gives effect Salus populi est suprema lex – the voice of the
to the whole of the statute – its every word people is the supreme law
Statuta pro publico commodo late
interpretantur – statutes enacted for the public
good are to be construed liberally
Liberal Construction - Equitable
The reason of the law is the life of the law; the
construction as will enlarge the
reason lies in the soil of the common welfare
letter of a statute to accomplish
The judge must go out in the open spaces of
its intended purpose, carry out
actuality and dig down deep into his common
its intent, or promote justice.
soil, if not, he becomes subservient to
Legitimate exercise of judicial
formalism
power
Construe in the light of the growth of civilization
Judicial Interpretation - Act of
and varying conditions o The interpretation that
the court in engrafting upon a
“if the man is too long for the bed, his head
law something which it believes
should be chopped off rather than enlarge the
ought to have been embraced
old bed or purchase a new one” should NOT be
therein.
given to statutes
Forbidden by the tripartite
division of powers among the 3 STATUTES STRICTLY CONSTRUED
departments of government.
Penal statutes, generally
A statute may not be liberally construed to
Penal statutes are those that define crimes,
read into it something which its clear and plain
treat of their nature and provide for their
language rejects
punishment o Acts of legislature which prohibit
Construction to promote social justice certain acts and establish penalties for their
violation
Social justice must be taken into account in the Those which impose punishment for an offense
interpretation and application of laws committed against the state, and which the
Social justice mandate is addressed or meant chief executive has the power to pardon
for the three departments: the legislative, A statute which decrees the forfeiture in favor
executive, and the judicial of the state of unexplained wealth acquired by
Social justice (included in the Constitution) was a public official while in office is criminal in
meant to be a vital, articulate, compelling nature
principle of public policy
It should be observed in the interpretation not Penal statutes, strictly construed
only of future legislations, but also of laws
Penal statutes are strictly construed against the
already existing on November 15, 1935.
State and liberally construed in favor of the
It was intended to change the spirit of our laws,
accused
present and future.
o Penal statutes cannot be enlarged or
extended by intendment, implication,
or any equitable consideration
o No person should be brought within its Rights are not absolute, and the state, in the
terms if he is not clearly made so by exercise of police power, may enact legislations
the statute curtailing or restricting their enjoyment
o No act should be pronounces criminal As these statutes are in derogation of common
which is not clearly made so or general rights, they are generally strictly
construed and rigidly confined to cases clearly
Reason why penal statutes are strictly construed within their scope and purpose
The law is tender in favor of the rights of the Examples:
individual; o Statutes authorizing the expropriation
The object is to establish a certain rule by of private land or property
conformity to which mankind would be safe, o Allowing the taking of deposition o
and the discretion of the court limited o Fixing the ceiling of the price of
Purpose of strict construction is NOT to enable commodities
a guilty person to escape punishment through o Limiting the exercise of proprietary
technicality but to provide a precise definition rights by individual citizens
of forbidden acts o Suspending the period of prescription
of actions
Acts mala in se and mala prohibita When 2 reasonably possible constructions, one
which would diminish or restrict fundamental
General rule: to constitute a crime, evil intent
right of the people and the other if which would
must combine with an act
not do so, the latter construction must be
Actus non facit reum nisi mens sit rea – the act
adopted so as to allow full enjoyment of such
itself does not make a man guilty unless his
fundamental right
intention were so
Actus me invite factus non est meus actus – an Statutes authorizing expropriations
act done by me against my will is not my act
Power of eminent domain is essentially
Mala in se - Criminal intent, apart from the act itself is legislative in nature
required, RPC May be delegated to the President, LGUs, or
public utility company
Mala prohibita - The only inquiry is, has the law been
Expropriation plus just compensation
violated RPC Special penal laws, Special penal laws
A derogation of private rights, thus strict
However, if special penal laws use such words construction is applied
as “willfully, voluntarily, and knowingly” intent Statutes expropriating or authorizing the
must be proved; thus good faith or bad faith is expropriation of property are strictly construed
essential before conviction against the expropriating authority and liberally
in favor of property owners
Limitation of rule
Statutes granting privileges
Limitation #1 – Where a penal statute is capable
of 2 interpretations, one which will operate to Statutes granting advantages to private persons
exempt an accused from liability for violation or entities have in many instances created
thereof and another which will give effect to special privileges or monopolies for the
the manifest intent of the statute and promote grantees and have thus been viewed with
its object, the latter interpretation should be suspicion and strictly construed
adopted Privilegia recipient largam interpretationem
voluntati consonam concedentis – privileges are
Statutes in derogation of rights
to be interpreted in accordance with the will of takes from them a portion of their property for
him who grants them the support of the government
And he who fails to strictly comply with the will
Statutes granting tax exemptions
of the grantor loses such privileges
Law frowns against exemption from taxation
Legislative grants to local government units
because taxes are the lifeblood of the nation
Grants of power to local government are to be Laws granting tax exemptions are thus
construed strictly, and doubts in the construed strictissimi juris against the taxpayer
interpretation should be resolved in favor of and liberally in favor of the taxing authority
the national government and against the Burden of proof – on the taxpayer claiming to
political subdivisions concerned be exempted
Reason: there is in such a grant a gratuitous Basis for strict construction – to minimize the
donation of public money or property which different treatment and foster impartiality,
results in an unfair advantage to the grantee fairness, and equality of treatment among
and for that reason, the grant should be taxpayers
narrowly restricted in favor of the public Tax exemptions are not favored in law, nor are
they presumed.
Statutory grounds for removal of officials
Qualification of rule
Statutes relating to suspension or removal of
public officials are strictly construed Strict construction does not apply in the case of
Reason: the remedy of removal is a drastic one tax exemptions in favor of the government itself
and penal in nature. Injustice and harm to the or its agencies
public interest would likely emerge should such Provisions granting exemptions to government
laws be not strictly interpreted against the agencies may be construed liberally in favor of
power of suspension or removal non-tax liability of such agencies
The express exemption should not be construed
with the same degree of strictness that applies
Naturalization laws to exemptions contrary to policy of the state,
since as to such property exemption is the rule
Naturalization laws are strictly construed and the taxation is the exemption
against the applicant and rigidly followed and E.g. tax exemption in favor of NAPOCOR –
enforced whether direct or indirect taxes, exempted
Naturalization is statutory than a natural right
Statutes imposing taxes and customs duties Statutes concerning the sovereign
Tax statutes must be construed strictly against
Restrictive statutes which impose burdens on
the government and liberally in favor of the
the public treasury or which diminish rights and
taxpayer
interests are strictly construed.
Power to tax involves power to destroy
Unless so specified, the government does not
Taxing act are not to be extended by
fall within the terms of any legislation
implication
Tax statutes should be clearly, expressly, and
unambiguously imposed
Reason for strict construction: taxation is a
destructive power which interferes with the Statutes authorizing suits against the government
personal property rights of the people and
Art. XVI, Sec. 3, 1987 Constitution – “The State A proviso should be interpreted strictly with
may not be sued without its consent” the legislative intent
o General rule: sovereign is exempt from o Should be strictly construed
suit o Only those expressly exempted by the
o Exception: in the form of statute, state proviso should be freed from the
may give its consent to be sued operation of the statute
Statute is to be strictly
construed and waiver from STATUTES LIBERALLY CONSTRUED
immunity from suit will not be General social legislation
lightly inferred
Nullum tempus occurrit regi – there can be no General welfare legislations
legal right as against the authority that makes o To implement the social justice and
the law on which the right depends protection-tolabor provisions of the
Reason for non-suability – not to subject the Constitution
state to inconvenience and loss of o Construed liberally
governmental efficiency. o Resolve any doubt in favor of the
persons whom the law intended to
Statutes prescribing formalities of the will
benefit
Strictly construed, which means, wills must be o Includes the following – labor laws,
executed in accordance with the statutory tenancy laws, land reform laws, and
requirements, otherwise, it is entirely void social security laws
The court is seeking to ascertain and apply the Liberal construction applies only if statute is
intent of the legislators and not that of the vague, otherwise, apply the law as it is stated
testator, and the latter’s intention is frequently
General welfare clause
defeated by the non-observance of what the
statute requires 2 branches
o One branch attaches to the main trunk
Exceptions and provisos
of municipal authority – relates to such
Should be strictly but reasonably construed ordinances and regulations as may be
All doubts should be resolved in favor of the necessary to carry into effect and
general provision rather than the exceptions discharge the powers and duties
o However, always look at the intent of conferred upon local legislative bodies
legislators if it will accord reason and by law
justice not to apply the rule that “an o Other branch is much more
express exception excludes all others” independent of the specific functions
The rule on execution pending appeal must be enumerated by law – authorizes such
strictly construed being an exception to the ordinances as shall seem necessary and
general rule proper to provide for the health and
Situations which allows exceptions to the safety, promote the prosperity, improve
requirement of warrant of arrest or search the morals, peace, good order xxx of
warrant must be strictly construed; to do so the LGU and the inhabitants thereof,
would infringe upon personal liberty and set and for the protection of the property
back a basic right therein
A preference is an exception to the general rule Construed in favor of the LGUs
To give more powers to local governments in
promoting the economic condition, social
welfare, and material progress of the people in Beneficial for both government and taxpayer
the community o To the government – tax officers are
Construed with proprietary aspects, otherwise obliged to act promptly in the making
would cripple LGUs of the assessments
Must be elastic and responsive to various social o To the taxpayer – would have a feeling
conditions of security against unscrupulous tax
Must follow legal progress of a democratic way agents who will always find an excuse
of life to inspect the books of taxpayers
Laws on prescription – remedial measure –
Grant of power to local governments
interpreted liberally affording protection to the
Old rule: municipal corporations, being mere taxpayers
creatures of law, have only such powers as are
Statutes imposing penalties for nonpayment of tax
expressly granted to them and those which are
necessarily implied or incidental to the exercise liberally construed in favor of government and
thereof strictly construed against the taxpayer
New rule: RA 2264 “Local Autonomy Act” intention to hasten tax payments or to punish
o Sec 12 – “implied power of a province, a evasions or neglect of duty in respect thereto
city, or a municipality shall be liberally liberal construction would render penalties for
construed in its favor. Any fair and delinquents nugatory
reasonable doubt as to the existence of
the power should be interpreted in Election laws
favor of the local government and it Election laws should be reasonably and liberally
shall be presumed to exist” construed to achieve their purpose
Statutes granting taxing power (on municipal Purpose – to effectuate and safeguard the will
corporations) of the electorate in the choice of their
representatives
Before 1973 Constitution – inferences, 3 parts
implications, and deductions have no place in o Provisions for the conduct of elections
the interpretation of the taxing power of a which election officials are required to
municipal corporation follow
New Constitution – Art. X, Sec 5 1987 o Provisions which candidates for office
Constitution – “each local government unit shall are required to perform
have the power to create its own sources of o Procedural rules which are designed to
revenue and to levy taxes, fees, and charges ascertain, in case of dispute, the actual
subject to such guidelines and limitations as the winner in the elections
Congress may provide, consistent with the basic
policy of local autonomy” Different rules and canons or statutory
o Statutes prescribing limitations on the construction govern such provisions of the
taxing power of LGUs must be strictly election law
construed against the national Part 1:
government and liberally in favor of the o Rules and regulations for the
LGUs, and any doubt as to the existence conduct of elections
of the taxing power will be resolved in Before election –
favor of the local government mandatory (part 1)
Other statutes