Statutory Construction: Strict and Liberal Construction

Card 11. Determination of Construction

AnswerThe interpretive approach is dictated entirely by the statute's underlying nature, its avowed purpose, and the specific mischief it seeks to remedy, prohibiting courts from choosing construction based solely on personal discretion.

Card 12. Boundaries of Strict Construction

AnswerRecognizing only what the statute expressly states and refusing to extend its scope by mere implication, without inherently requiring the absolute narrowest possible linguistic meaning.

Card 13. Boundaries of Liberal Construction

AnswerGiving statutory language a fair and reasonable meaning that effectively advances the law's protective or remedial purpose, without authorizing courts to add unwritten words or create judicial exceptions.

Card 14. Penal Statutes Definition and Scope

AnswerStatutes imposing forfeiture of unexplained wealth acquired by public officers, laws defining offenses, prohibiting acts, and prescribing penalties.

Card 15. Strict Rule in Favor of Accused

AnswerThe principle that penal statutes are strictly construed against the State and liberally construed in favor of the accused.

Card 16. Restriction of Personal and Property Rights

AnswerStatutes restricting established personal or property rights are strictly construed because they inherently derogate from individual liberty or ownership, with legal doubts resolved in favor of the right.

Card 17. Strict Construction of Tax Liabilities

AnswerThe rule that tax statutes imposing liability are strictly construed against the government and liberally in favor of the taxpayer, meaning a tax can never be imposed by implication.

Card 18. Strict Construction of Tax Exemptions

AnswerThe rule that tax exemptions and exclusions are strictly construed against the taxpayer and liberally in favor of the taxing authority because they relieve certain individuals from burdens shared by others.

Card 19. Exceptions for Government Agencies

AnswerThe principle that when Congress grants exemptions from local taxation to national government instrumentalities, provisions may be liberally construed in favor of the agency if devoted to public use.

Card 20. Liberal Construction of Social Welfare

AnswerThe interpretive approach where social legislation, including labor, agrarian reform, pension, and social security laws, is liberally construed in favor of intended beneficiaries.

Card 21. Rationale and Limitations of Penal Construction

AnswerThe principle that strict construction provides fair notice and protects liberty, though it cannot be applied so mechanically that it defeats the manifest purpose of the legislature.

Card 22. Exceptions for Government Agencies in Taxation

AnswerThe rule where tax exemption provisions may be liberally construed in favor of a national government instrumentality rather than a private entity, provided the property is devoted to public use.

Card 23. Exceptions for Government Agencies regarding Tax Exemptions

AnswerWhen Congress grants tax exemptions to national government instrumentalities, provisions may be liberally construed in favor of the agency, provided the property is devoted to public use.

Card 24. Suspension and Removal Statutes

AnswerStatutes carrying serious consequences for public officers that must be strictly followed to prevent arbitrary deprivation of public office, operating under the principle that express enumeration of grounds excludes unmentioned causes.

Card 25. What is the overarching ultimate objective in all statutory interpretation according to the general principles of construction?

AnswerTo ascertain and faithfully give effect to the true intent of the legislature.

Card 26. What does the boundary of strict construction mean regarding a statute's linguistic meaning and scope?

AnswerIt means recognizing only what the statute expressly states and refusing to extend its scope by mere implication, without necessarily requiring the absolute narrowest possible linguistic meaning.

Card 27. How are penal statutes construed regarding the State versus the accused?

AnswerPenal statutes are strictly construed against the State and liberally construed in favor of the accused.

Card 28. What is the rationale behind the strict construction of penal statutes?

AnswerTo provide fair notice, limit arbitrary enforcement, protect individual liberty, and respect the legislature's exclusive authority.

Card 29. How are statutes that restrict established personal or property rights construed, and how are legal doubts resolved?

AnswerThey are strictly construed because they inherently derogate from individual liberty or ownership, and any legal doubt is resolved in favor of preserving the right.

Card 30. In the context of eminent domain, how is the authority to condemn private property construed?

AnswerIt is strictly construed against the condemnor and liberally in favor of the property owner.

Card 31. How are tax statutes imposing tax liability generally construed?

AnswerStrictly construed against the government and liberally in favor of the taxpayer.

Card 32. How are tax exemptions and exclusions generally construed?

AnswerStrictly construed against the taxpayer and liberally in favor of the taxing authority.

Card 33. How are social legislation statutes, such as labor, agrarian reform, and social security laws, construed?

AnswerLiberally construed in favor of intended beneficiaries to give effect to constitutional policies.

Card 34. Under Section 5(a) of the Local Government Code, how are provisions concerning local government powers and the general welfare clause interpreted?

AnswerLiberally interpreted to favor local autonomy.

Card 35. What is the meaning of the maxim Ut Res Magis Valeat Quam Pereat?

AnswerA legal maxim meaning that a law should be interpreted to make it effective rather than destroying its intent.

Card 36. Define Penal Statute in statutory construction.

AnswerA law that defines criminal offenses, prohibits acts, prescribes penalties, or imposes sanctions for injuries to the State.

Card 37. What does Mala in Se mean?

AnswerOffenses that are inherently wrong and immoral where criminal intent generally governs liability.

Card 38. What does Mala Prohibita mean?

AnswerOffenses prohibited by statute where criminal intent is ordinarily immaterial unless the statute expressly requires it.

Card 39. Judicial Legislation

AnswerThe forbidden act by which courts, under the guise of interpretation, assume legislative functions by reading into a statute provisions that the legislature did not enact.

Card 40. People v. Barrera Principle

AnswerA legal doctrine establishing that an accused may be convicted only when the penal law clearly and specifically covered the act before its commission.

Card 41. People v. Abuyen Principle

AnswerA principle stating that the strict construction of penal statutes cannot be applied so mechanically that it defeats the manifest purpose of the legislature, allowing common sense to prevail.

Card 42. Jesus is Lord Christian School Foundation v. City of Pasig Doctrine

AnswerA legal requirement that an LGU exercising eminent domain must strictly prove compliance with every statutory requirement, including valid written offers.

Card 43. Philippine Long Distance Telephone Company v. City of Davao Doctrine

AnswerA principle stating that tax exemptions are never presumed and cannot be enlarged by implication.

Card 44. Adoption Statutes Construction

AnswerAn interpretive rule requiring that adoption laws be construed to promote the best interests and paramount welfare of the child.

Card 45. Election Laws Liberal Construction

AnswerA principle mandating that election laws be liberally construed to preserve the electorate's choice and prevent disenfranchising voters over minor procedural defects.

Card 46. Forfeiture of Unexplained Wealth

AnswerA classification of penal statutes imposing the forfeiture of unexplained wealth acquired by public officers, where courts examine substance and purpose rather than labels.

Card 47. "In Lieu of All Taxes" Clause

AnswerA specific statutory tax provision that cannot automatically apply to local business taxes unless the language explicitly and unmistakably encompasses those specific local impositions.

Card 48. General Welfare Clause (Local Government)

AnswerA statutory provision under local government laws that, alongside LGU powers, is liberally interpreted to favor local autonomy.

Card 49. Legislative Intent

AnswerThe ultimate, overriding objective in all statutory interpretation, which courts must ascertain and faithfully give effect to.

Card 50. Social Legislation

AnswerStatutes including labor, agrarian reform, pension, and social security laws that are liberally construed in favor of intended beneficiaries.