CHAPTER
SEVEN:
Strict or Liberal Construction
Whether a statute is to be given a strict
or liberal construction will depend upon the following:
The nature of the statute
The purpose to be subserved
The mischief to be remedied
Purpose: to give the statute the
interpretation that will best accomplish the end desired and effectuate
legislative intent
Strict construction, generally
Construction according to the letter of the
statute, which recognizes nothing that is not expressed, takes the language
used in its exact meaning, and admits no equitable consideration
The scope of the statute shall not be
extended or enlarged by implication, intendment, or equitable consideration
beyond the literal meaning of its terms
Liberal construction, defined
Equitable construction as will enlarge the
letter of a statute to accomplish its intended purpose, carry out its intent,
or promote justice
The words should receive a fair and
reasonable interpretation, so as to attain the intent, spirit and purpose of
the law
Ut
res magis valeat quam pereat – that construction is to be sought which gives effect to the whole of the statute – its every word
A statute may not be liberally construed to read into it something which its
clear and plain language rejects
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Liberal Construction
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Judicial Interpretation
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Equitable construction as will enlarge
the letter of a statute to accomplish its intended purpose, carry out its
intent, or promote justice
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Act of the court in engrafting upon a law
something which it believes ought to have been embraced therein
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Legitimate exercise of judicial power
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Forbidden by the tripartite division of
powers among the 3 departments of government
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Construction to promote social justice
Social justice mandate is addressed or
meant for the three departments: the legislative, executive, and the judicial
Construction taking into consideration
general welfare or growth civilization
Salus
populi est suprema lex – the
voice of the people is the supreme law
Statuta
pro publico commodo late interpretantur – statutes enacted for the public good are to be
construed liberally
STATUTES
STRICTLY CONSTRUED
Penal statutes
Penal statutes are strictly construed
against the State and liberally construed in favor of the accused
Peo
v. Atop
STATUTE: Sec. 11 of RA 7659, which amended Art. 335
of the RPC, provides that the death penalty for rape may be imposed if the
“offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the 3rd civil degree, or the
common-law spouse of the parent of the victim”
ISSUE: Whether the common-law husband of the
girl’s grandmother included
RULING: No! Courts must not bring cases within the
provisions of the law which are not clearly embraced by it.
No act can be pronounced criminal which is
not clearly within the terms of a statute can be brought within them.
Any reasonable doubt must be resolved in
favor of the accused
Centeno
v. Villalon-Pornillos
PD 1564, which punishes a person who
solicits or receives contribution for “charitable or public welfare purposes”
without any permit first secured from the Department of Social Services, DID
NOT include “religious purposes”” in the acts punishable, the law CANNOT be
construed to punish the solicitation of contributions for religious purposes,
such as repair or renovation of the church
Acts mala
in se and mala prohibita
Actus
non facit reum nisi mens sit rea – the act itself does not make a man guilty unless his
intention were so
Actus
me invite factus non est meus actus – an act done by me against my will is not my act
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Mala in se
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Mala prohibita
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Criminal intent, apart from the act
itself is required
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The only inquiry is, has the law been
violated
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RPC
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Special penal laws
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Peo
v. Yadao
A statute which penalizes a “person
assisting a claimant” in connection with the latter’s claim for veterans
benefit, does not penalize “one who OFFERS to assist”
Suy
v. People
Where a statute penalizes a store owner who
sells commodities beyond the retail ceiling price fixed by law, the ambiguity
in the EO classifying the same commodity into 2 classes and fixing different
ceiling prices for each class, should be resolved in favor of the accused
Peo
v. Terreda
Shorter prescriptive period is more
favorable to the accused
Peo
v. Manantan
The rule that penal statutes are given a
strict construction is not the only factor controlling the interpretation of
such laws
Instead, the rule merely serves as an
additional single factor to be considered as an aid in detrmining the meaning
of penal laws
Peo
v. Purisima
The language of the a statute which
penalizes the mere carrying outside of residence of bladed weapons, i.e., a
knife or bolo, not in connection with one’s work or occupation, with a very
heavy penalty ranging from 5-10 years of imprisonment, has been narrowed and
strictly construed as to include, as an additional element of the crime, the
carrying of the weapon in furtherance of rebellion, insurrection or subversion,
such being the evil sought to be remedied or prevented by the statute as
disclosed in its preamble
Azarcon
v. Sandiganbayan
Issue: whether a private person can be considered a public officer by reason
if his being designated by the BIR as a depository of distrained property, so
as to make the conversion thereof the crime of malversation
RULING: No. the BIR’s power authorizing a private
individual to act as a depository cannot include the power to appoint him as
public officer
A private individual who has in his charge
any of the public funds or property enumerated in Art 222 RPC and commits any
of the acts defined in any of the provisions of Chapter 4, Title 7 of the RPC,
should likewise be penalized with the same penalty meted to erring public
officers. Nowhere in this provision is
it expressed or implied that a private
individual falling under said Art 222 is to be deemed a public officer
US
v. Go Chico
A law punishes the display of flags “used
during” the insurrection against the US may not be so construed as to exempt
from criminal liability a person who displays a replica of said flag because
said replica is not the one “used” during the rebellion, for to so construe it
is to nullify the statute together
Go Chico is liable though flags displayed
were just replica of the flags “used during” insurrection against US
Peo
v. Gatchalian
A statute requires that an employer shall
pay a minimum wage of not less than a specified amount and punishes any person
who willfully violates any of its provisions
The fact that the nonpayment of the minimum
wage is not specifically declared unlawful, does not mean that an employer who
pays his employees less than the prescribed minimum wage is not criminally
liable, for the nonpayment of minimum wage is the very act sought to be
enjoined by the law
Statutes in derogation of rights
Rights are not absolute, and the state, in
the exercise of police power, may enact legislations curtailing or restricting
their enjoyment
As these statutes are in derogation of
common or general rights, they are generally strictly construed and rigidly
confined to cases clearly within their scope and purpose
Statutes authorizing expropriations
Statutes expropriating or authorizing the
expropriation of property are strictly construed against the expropriating
authority and liberally in favor of property owners
Statutes granting privileges
Statutes granting advantages to private
persons or entities have in many instances created special privileges or
monopolies for the grantees and have thus been viewed with suspicion and
strictly construed
Privilegia
recipient largam interpretationem voluntati consonam concedentis – privileges are to be interpreted in
accordance with the will of him who grants them
Butuan
Sawmill, Inc. v. Bayview Theater, Inc
Where an entity is granted a legislative
franchise to operate electric light and power, on condition that it should
start operation within a specified period, its failure to start operation
within the period resulted in the forfeiture of the franchise
Legislative grants to local government
units
Grants of power to local government are to
be construed strictly, and doubts in the interpretation should be resolved in
favor of the national government and against the political subdivisions
concerned
Statutory grounds for removal of officials
Reason: the remedy of removal is a drastic
one and penal in nature. Injustice and
harm to the public interest would likely emerge should such laws be not
strictly interpreted against the power of suspension or removal
Ochate
v. Deling
Grounds for removal – “neglect of duty,
oppression, corruption or other forms of maladministration in office”
“in office” – a qualifier of all acts.
Must be in relation to the official as an
officer and not as a private person
Hebron
v Reyes
Procedure for removal or suspension should
be strictly construed
Statute: local elective officials are to be
removed or suspended, after investigation, by the provincial board, subject to
appeal to the President
President has no authority on his own to
conduct the investigation and to suspend such elective official
Naturalization laws
Naturalization laws are strictly construed
against the applicant and rigidly followed and enforced
Statutes imposing taxes and customs duties
Tax statutes must be construed strictly
against the government and liberally in favor of the taxpayer
Power to tax involves power to destroy
Reason: taxation is a destructive power
which interferes with the personal property rights of the people and takes from
them a portion of their property for the support of the government
Statutes granting tax exemptions
Laws granting tax exemptions are thus
construed strictissimi juris against
the taxpayer and liberally in favor of the taxing authority
Burden of proof – on the taxpayer claiming
to be exempted
Basis– to minimize the different treatment
and foster impartiality, fairness, and equality of treatment among taxpayers
CIR
v. CA
Issue: whether containers and packaging materials can be credited against the
miller’s deficiency tax
BIR claimed that there should be no tax
credit
RULING: proviso should be strictly construed to apply only to raw materials and
not to containers and packing materials which are not raw materials; hence, the
miller is entitled to tax credit
Restriction in the proviso is limited only
to sales, miller’s excise taxes paid ‘on raw materials used in the milling
process’
Benguet
Corporation v. Cenrtral Board of Assessment Appeals
PD 1955 withdrew all tax exemptions, except
those embodied in the Real Property Code, a law which grants certain industries
real estate tax exemptions under the Real Estate Code
Esso
Standard Eastern, Inc. v Acting Commissioner of Customs
Where a statute exempts from special import
tax, equipment “for use of industries,” the exemption does not extend to those
used in dispensing gasoline at retail in gasoline stations
CIR
v. Manila Jockey Club, Inc.
Statute: “racing club holding these races
shall be exempt from the payment of any municipal or national tax”
Cannot be construed to exempt the racing
club from paying income tax on rentals paid to it for use of the race tracks
and other paraphernalia, for what the law exempts refers only to those to be
paid in connection with said races
Lladoc
v. CIR
Statute: exemption from taxation charitable
institutions, churches, parsonages or covenants appurtenant thereto, mosques,
and non-profit cemeteries, and all lands buildings, and improvements actually,
directly, and exclusively used for religious or charitable purposes
Exemption only refer to property taxes and
not from all kinds of taxes
La
Carlota Sugar Central v. Jimenez
Statute: tax provided shall not be collected on foreign exchange used for the
payment of “fertilizers when imported by planters or farmers directly or
through their cooperatives”
RULING:
The importation of
fertilizers by an entity which is neither a planter nor a farmer nor a
cooperative of planters or farmers is not exempt from payment of the tax, even
though said entity merely acted as agent of planter or farmer as a sort of
accommodation without making any profit from the transaction, for the law uses
the word “directly” which means without anyone intervening in the importation
and the phrase “through their cooperatives” as the only exemption
CIR
v. Phil. Acetylene Co.
Power of taxation if a high prerogative of
sovereignty, its relinquishment is never presumed and any reduction or
diminution thereof with respect to its mode or its rate must be strictly
construed
Phil.
Telegraph and Telephone Corp. v. COA
On “most favored treatment clause”
2 franchisee are not competitors
The first franchisee is will not enjoy a
reduced rate of tax on gross receipts
Statutes concerning the sovereign
Restrictive statutes which impose burdens
on the public treasury or which diminish rights and interests are strictly
construed.
Alliance
of Government Workers v. Minister of Labor and Employment
PD 851 – requires “employers” to pay a 13th
month pay to their employees xxx
“employers” does not embrace the RP, the
law not having expressly included it within its scope
Statutes authorizing suits against the
government
Art. XVI, Sec. 3, 1987 Constitution – “The
State may not be sued without its consent”
General rule: sovereign is exempt from suit
Exception: in the form of statute,
state may give its consent to be sued
Statute is to be strictly construed and
waiver from immunity from suit will not be lightly inferred
Reason for non-suability – not to
subject the state to inconvenience and loss of governmental efficiency
Nullum
tempus occurrit regi – there
can be no legal right as against the authority that makes the law on which the
right depends
Mobil
Phil. Exploration, Inc. v. Customs Arrastre Services
The law authorizing the Bureau of Customs
to lease arrastre operations, a proprietary function necessarily incident to
its governmental function, may NOT be construed to mean that the state has
consented to be sued, when it undertakes to conduct arrastre services itself,
for damage to cargo
State-immunity may not be circumvented by
directing the action against the officer of the state instead of the state
itself
The state’s immunity may be validly invoked
against the action AS LONG AS IT CAN BE SHOWN that the suit really affects the
property, rights, or interests of the state and not merely those of the officer
nominally made party defendant
Even if the state consents, law should NOT
be interpreted to authorize garnishment of public funds to satisfy a judgment
against government property
Reason: Public policy forbids it
Disbursement of public funds must be
covered by a corresponding appropriation as required by law
Functions and service cannot be allowed to
be paralyzed or disrupted by the diversion of public funds from their
legitimate and specific objects, as appropriated by law
Statutes prescribing formalities of the
will
Strictly construed, which means, wills must
be executed in accordance with the statutory requirements, otherwise, it is
entirely void
The court is seeking to ascertain and apply
the intent of the legislators and not that of the testator, and the latter’s intention
is frequently defeated by the non-observance
of what the statute requires
Exceptions and provisos
The rule on execution pending appeal must
be strictly construed being an exception to the general rule
Situations which allows exceptions to the
requirement of warrant of arrest or search warrant must be strictly construed;
to do so would infringe upon personal liberty and set back a basic right
A preference is an exception to the general
rule
A proviso should be interpreted strictly
with the legislative intent
Should be strictly construed
Only those expressly exempted by the
proviso should be freed from the operation of the statute
STATUTES
LIBERALLY CONSTRUED
General social legislation
To implement the social justice and
protection-to-labor provisions of the Constitution
Resolve any doubt in favor of the persons
whom the law intended to benefit
Tamayo
v. Manila Hotel
Law grants employees the benefits of
holiday pay except those therein enumerated
Statcon – all employees, whether monthly
paid or not, who are not among those excepted are entitled to the holiday pay
Labor laws construed – the workingman’s
welfare should be the primordial and paramount consideration
Article 4 New Labor Code – “all doubts in
the implementation and interpretation of the provisions of the Labor Code
including its implementing rules and regulations shall be resolved in favor of
labor”
General welfare clause
2 branches
One branch attaches to the main trunk of
municipal authority – relates to such ordinances and regulations as may be
necessary to carry into effect and discharge the powers and duties conferred
upon local legislative bodies by law
Other branch is much more independent of
the specific functions enumerated by law – authorizes such ordinances as shall
seem necessary and proper to provide for the health and safety, promote the
prosperity, improve the morals, peace, good order xxx of the LGU and the
inhabitants thereof, and for the protection of the property therein
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 the community
Construed with proprietary aspects,
otherwise would cripple LGUs
Must be elastic and responsive to various
social conditions
Must follow legal progress of a democratic
way of life
Grant of power to local governments
RA 2264 “Local Autonomy Act”
Sec 12 – “implied power of a province, a
city, or a municipality shall be liberally construed in its favor. Any fair and reasonable doubt as to the
existence of the power should be interpreted in favor of the local government
and it shall be presumed to exist”
Statutes granting taxing power (on
municipal corporations)
Art. X, Sec 5 1987 Constitution – “each
local government unit shall have the power to create its own sources of revenue
and to levy taxes, fees, and charges subject to such guidelines and limitations
as the Congress may provide, consistent with the basic policy of local
autonomy”
Statutes prescribing limitations on the
taxing power of LGUs must be strictly construed against the national government
and liberally in favor of the LGUs, and any doubt as to the existence of the
taxing power will be resolved in favor of the local government
Statutes prescribing prescriptive period to
collect taxes
To the government – tax officers are
obliged to act promptly in the making of the assessments
To the taxpayer – would have a feeling of
security against unscrupulous tax agents who will always find an excuse to
inspect the books of taxpayers
Statutes imposing penalties for nonpayment
of tax
Liberally construed in favor of government
and strictly construed against the taxpayer; intention to hasten tax payments
or to punish evasions or neglect of duty in respect thereto
Election laws
Election laws should be reasonably and
liberally construed to achieve their purpose
Purpose – to effectuate and safeguard the
will of the electorate in the choice of their representatives
3 parts
Provisions for the conduct of elections
which election officials are required to follow
Provisions which candidates for office are
required to perform
Procedural rules which are designed to
ascertain, in case of dispute, the actual winner in the elections
Different rules and canons or statutory
construction govern such provisions of the election law
Part
1:
Rules and regulations for the conduct of
elections
Before election – mandatory
After election – directory
Generally – the provisions of a statute as
to the manner of conducting the details of an election are NOT mandatory; and
irregularities in conducting an election and counting the votes, not preceding
from any wrongful intent and which deprives no legal voter of his votes, will
not vitiate an election or justify the rejection of the entire votes of a
precinct
Against disenfranchisement
Remedy against election official who did
not do his duty – criminal action against them
Part 2:
Provisions which candidates for office are
required to perform are mandatory
Non-compliance is fatal
Part 3:
Procedural rules which are designed to
ascertain, in case of dispute, the actual winner in the elections are liberally
construed
Technical and procedural barriers should
not be allowed to stand if they constitute an obstacle in the choice of their
elective officials
For where a candidate has received popular
mandate, overwhelmingly and clearly expressed, all possible doubts should be
resolved in favor of the candidates eligibility, for to rule otherwise is to
defeat the will of the electorate
Amnesty proclamations
Amnesty proclamations should be liberally
construed as to carry out their purpose
Purpose – to encourage to return to the
fold of the law of those who have veered from the law
In case of doubt as to whether certain
persons come within the amnesty proclamation, the doubt should be resolved in
their favor and against the state
Statutes prescribing prescriptions of
crimes
Liberally construed in favor of the accused
Reason – time wears off proof and innocence
Peo
v. Reyes
Art. 91 RPC – “period of prescription shall
commence to run from the day the crime is discovered by the offended,
authorities, xxx”
When does the period of prescription start
– day of discovery or registration in the Register of Deeds?
Held: From the time of registration
Notice need not be actual for prescription
to run; constructive notice is enough
More favorable to the accused if
prescriptive period is counted from the time of registration
Adoption statutes
Adoption statutes are liberally construed
in favor of the child to be adopted
Veteran and pension laws
Veteran and pension laws are enacted to
compensate a class of men who suffered in the service for the hardships they
endured and the dangers they encountered in line of duty
Del
Mar v. Phil. Veterans Admin
Where a statute grants pension benefits to
war veterans, except those who are actually receiving a similar pension from
other government funds
Statcon – “government funds” refer to funds
of the same government and does not preclude war veterans receiving similar
pensions from the US Government from enjoying the benefits therein provided
Board
of Administrators Veterans Admin v. Bautista
Veteran pension law is silent as to the
effectivity of pension awards, it shall be construed to take effect from the
date it becomes due and NOT from the date the application for pension is
approved, so as to grant the pensioner more benefits and to discourage inaction
on the part of the officials who administer the laws
Chavez
v. Mathay
While veteran or pension laws are to be
construed liberally, they should be so construed as to prevent a person from
receiving double pension or compensation, unless the law provides otherwise
Santiago
v. COA
Explained liberal construction or
retirement laws
Intention is to provide for sustenance, and
hopefully even comfort when he no longer has the stamina to continue earning
his livelihood
He deserves the appreciation of a grateful
government at best concretely expressed in a generous retirement gratuity
commensurate with the value and length of his service
Ortiz
v. COMELEC
Issue: Whether a commissioner of COMELEC is deemed to have completed his term
and entitled to full retirement benefits under the law which grants him 5-year
lump-sum gratuity and thereafter lifetime pension, who “retires from the
service after having completed his term of office,” when his courtesy
resignation submitted in response to the call of the President following EDSA
Revolution is accepted
RULING:
Yes. Entitled to gratuity
Liberal construction
Courtesy resignation – not his own will but
a mere manifestation of submission to the will of the political authority and
appointing power
In
Re Application for Gratuity Benefits of Associate Justice Efren I Plana
Issue: whether Justice Plana is entitled to gratuity and retirement pay when,
at the time of his courtesy resignation was accepted following EDSA Revolution
and establishment of a revolutionary government under the Freedom Constitution,
he lacked a few months to meet the age requirement for retirement under the law
but had accumulated a number of leave of credits which, if added to his age at
the time, would exceed the age requirement
Held: yes, entitled to gratuity! Liberal construction applied
In
Re Pineda
Explained doctrine laid down in the
previous case
The crediting of accumulated leaves to make
up for lack of required age or length of service is not done discriminately
xxx only if satisfied that the career of
the retiree was marked by competence, integrity, and dedication to the public
service
In
Re Martin
Issue: whether a justice of the SC, who availed of the disability retirement
benefits pursuant to the provision that “if the reason for the retirement be
any permanent disability contracted during his incumbency in office and prior
to the date of retirement he shall receive only a gratuity equivalent to 10
years salary and allowances aforementioned with no further annuity payable
monthly during the rest of the retiree’s natural life” is entitled to a monthly
lifetime pension after the 10-year period
RULING: Yes. 10-year lump sum payment is intended
to assist the stricken retiree meeting his hospital and doctor’s bills and
expenses for his support
The retirement law aims to assist the retiree
in his old age, not to punish him for having survived
Cena
v. CSC
Issue: whether or not a government employee
who has reached the compulsory retirement age of 65 years, but who has rendered
less than 15 years of government service, may be allowed to continue in the
service to complete the 15-year service requirement to enable him to retire
with benefits of an old-age pension under Sec 11(b) PD 1146
However, CSC Memorandum Circular No 27
provides that “any request for extension of compulsory retirees to complete the
15-years service requirement for retirement shall be allowed only to permanent
appointees in the career service who are regular members of the GSIS and shall
be granted for a period not exceeding 1 year
Held: CSC Memorandum Circular No 27
unconstitutional! It is an administrative regulation which should be in harmony
with the law; liberal construction of retirement benefits
Rules of Court
to be construed liberally
Purpose of RC – the proper and just
determination of a litigation
Procedural laws are no other than
technicalities, they are adopted not as ends in themselves but as means
conducive to the realization of the administration of law and justice
RC should not be interpreted to sacrifice
substantial rights at the expense of technicalities
Case
v. Jugo
Lapses in the literal observance of a rule of procedure will be overlooked when
they do not involve public policy; when they arose from an honest mistake or
unforeseen accident; when they have not prejudiced the adverse party and have
not deprived the court of its authority
Literal stricture have been relaxed in
favor of liberal construction
Where a rigid application will result in
manifest failure or miscarriage of justice
Where the interest of substantial justice
will be served
Where the resolution of the emotion is
addressed solely to the sound and judicious discretion of the court
Where the injustice to the adverse party is
not commensurate with the degree of his thoughtlessness in not complying with
the prescribed procedure
Liberal construction of RC does not mean
they may be ignored; they are required to be followed except only for the most
persuasive reasons
Other statutes
Curative statutes – to cure defects in
prior law or to validate legal proceedings which would otherwise be void for
want of conformity with certain legal requirements; retroactive
Redemption laws –construed liberally to
carry out purpose, which is to enable the debtor to have his property applied
to pay as many debtor’s liability as possible
Statutes providing exemptions from
execution are interpreted liberally in order to give effect to their beneficial
and humane purpose
Laws on attachment – liberally construed to
promote their objects and assist the parties obtaining speedy justice
Warehouse receipts – instrument of credit –
liberally construed in favor of a bona fide holders of such receipts
Probation laws – liberally construed to
give first-hand offenders a second chance to maintain his place in society
through the process of reformation
Statute granting powers to an agency
created by the Constitution should be liberally construed for the advancement
of the purposes and objectives for which it was created
