CHAPTER SEVEN: Strict or Liberal Construction

I. IN GENERAL
1. Generally
2. Strict construction
3. Liberal construction, defined
4. Liberal construction, applied
5. Construction to promote social justice
6. Construction taking into consideration general welfare or growth civilization
II. STATUTES STRICTLY CONSTRUED
7. Penal statutes, generally
8. Penal statutes, strictly construed
9. Reason why penal statutes are strictly construed
10. Acts mala in se and mala prohibita
11. Application of rule
12. Limitation of rule
13. Statutes in derogation of rights
14. Statutes authorizing expropriations
15. Statutes granting privileges
16. Legislative grants to local government units
17. Statutory grounds for removal of officials
18. Naturalization laws
19. Statutes imposing taxes and customs duties
20. Statutes granting tax exemptions
21. Qualification of rule
22. Statutes concerning the sovereign
23. Statutes authorizing suits against the government
24. Statutes prescribing formalities of the will
25. Exceptions and provisos
III. STATUTES LIBERALLY CONSTRUED
26. General social legislation
27. General welfare clause
28. Grant of power to local governments
29. Statutes granting taxing power (on municipal corporations)
30. Statutes prescribing prescriptive period to collect taxes
31. Statutes imposing penalties for nonpayment of tax
32. Election laws
33. Amnesty proclamations
34. Statutes prescribing prescriptions of crimes
35. Adoption statutes
36. Veteran and pension laws
37. Rules of Court
38. Other statutes

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 CHAPTER SEVEN: Strict or Liberal Construction
IN GENERAL  Ut res magis valeat quam pereat – that
construction is to be sought which gives
Generally effect to the whole of the statute – its every
 Whether a statute is to be given a strict or word
liberal construction will depend upon the Liberal Construction Judicial
following: Interpretation
 The nature of the statute Equitable Act of the court in
 The purpose to be subserved construction as will engrafting upon a
 The mischief to be remedied enlarge the letter of law
 Purpose: to give the statute the a statute to something which it
interpretation that will best accomplish the accomplish its believes
end desired and effectuate legislative intent intended purpose, ought to have been
carry out its intent, embraced therein
Strict construction or promote justice
 Construction according to the letter of the Legitimate exercise Forbidden by the
statute, which recognizes nothing that is not of tripartite division of
expressed, takes the language used in its judicial power powers among the 3
exact meaning, and admits no equitable departments of
consideration government
 Not to mean that statutes are construed in
its narrowest meaning  A statute may not be liberally construed to
 It simply means that the scope of the read into it something which its clear and
statute shall not be extended or enlarged by plain language rejects
implication, intendment, or equitable
consideration beyond the literal meaning of Construction to promote social justice
its terms  Social justice must be taken into account in
 It is a close and conservative adherence to the interpretation and application of laws
the literal or textual interpretation  Social justice mandate is addressed or
 The antithesis of liberal construction meant for the three departments: the
legislative, executive, and the judicial
Liberal construction, defined  Social justice (included in the Constitution)
 Equitable construction as will enlarge the was meant to be a vital, articulate,
letter of a statute to accomplish its intended compelling principle of public policy
purpose, carry out its intent, or promote  It should be observed in the interpretation
justice not only of future legislations, but also of
 Not to mean enlargement of a provision laws already existing on November 15,
which is clear, unambiguous and free from 1935.
doubt  It was intended to change the spirit of our
 It simply means that the words should laws, present and future.
receive a fair and reasonable interpretation,
so as to attain the intent, spirit and purpose Construction taking into consideration general
of the law welfare or growth civilization
 Construe to attain the general welfare
Liberal construction, applied  Salus populi est suprema lex – the voice of
 Where a statute is ambiguous, the literal the people is the supreme law
meaning of the words used may be rejected  Statuta pro publico commodo late
if the result of adopting said meaning would interpretantur – statutes enacted for the
be to defeat the purpose of the law public good are to be construed liberally

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  The reason of the law is the life of the law; stepparent, guardian, relative by
the reason lies in the soil of the common consanguinity or affinity within the 3rd civil
welfare degree, or the common-law spouse of the
 The judge must go out in the open spaces parent of the victim”
of actuality and dig down deep into his  Is the common-law husband of the girl’s
common soil, if not, he becomes grandmother included?
subservient to formalism  No! Courts must not bring cases within the
 Construe in the light of the growth of provisions of the law which are not clearly
civilization and varying conditions embraced by it.
 The interpretation that “if the man is  No act can be pronounced criminal
too long for the bed, his head should which is not clearly within the terms
be chopped off rather than enlarge of a statute can be brought within
the old bed or purchase a new one” them.
should NOT be given to statutes  Any reasonable doubt must be
resolved in favor of the accused
STATUTES STRICTLY CONSTRUED  Strict construction but not as to nullify or
destroy the obvious purpose of the
Penal statutes, generally legislature
 Penal statutes are those that define crimes,  If penal statute is vague, it must be
treat of their nature and provide for their construed with such strictness as to
punishment carefully SAFEGUARD the RIGHTS of
 Acts of legislature which prohibit the defendant and at the same time
certain acts and establish penalties preserve the obvious intention of the
for their violation legislature
 Those which impose punishment for an  Courts must endeavor to effect
offense committed against the state, and substantial justice
which the chief executive has the power to
pardon Centeno v. Villalon-Pornillos
 A statute which decrees the forfeiture in  PD 1564, which punishes a person who
favor of the state of unexplained wealth solicits or receives contribution for
acquired by a public official while in office is “charitable or public welfare purposes”
criminal in nature without any permit first secured from the
Department of Social Services, DID NOT
Penal statutes, strictly construed include “religious purposes”” in the acts
 Penal statutes are strictly construed against punishable, the law CANNOT be construed
the State and liberally construed in favor of to punish the solicitation of contributions for
the accused religious purposes, such as repair or
 Penal statutes cannot be enlarged or renovation of the church
extended by intendment,
implication, or any equitable Reason why penal statutes are strictly construed
consideration  The law is tender in favor of the rights of
 No person should be brought within the individual;
its terms if he is not clearly made so  The object is to establish a certain rule by
by the statute conformity to which mankind would be safe,
 No act should be pronounces and the discretion of the court limited
criminal which is not clearly made so  Purpose of strict construction is NOT to
enable a guilty person to escape
Peo v. Atop punishment through technicality but to
 Sec. 11 of RA 7659, which amended Art. provide a precise definition of forbidden
335 of the RPC, provides that the death acts
penalty for rape may be imposed if the
“offender is a parent, ascendant,
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Acts mala in se and mala prohibita ranging from 5-10 years of imprisonment,
 General rule: to constitute a crime, evil has been narrowed and strictly construed as
intent must combine with an act to include, as an additional element of the
 Actus non facit reum nisi mens sit rea – the crime, the carrying of the weapon in
act itself does not make a man guilty unless furtherance of rebellion, insurrection or
his intention were so subversion, such being the evil sought to be
 Actus me invite factus non est meus actus – remedied or prevented by the statute as
an act done by me against my will is not my disclosed in its preamble
act Azarcon v. Sandiganbayan
Mala in se Mala prohibita  Issue: whether a private person can be
Criminal intent, The only inquiry is, considered a public officer by reason if his
apart from the act has the law been being designated by the BIR as a depository
itself is required violated of distrained property, so as to make the
conversion thereof the crime of
RPC Special penal laws malversation
 However, if special penal laws use such  Held: NO! the BIR’s power authorizing a
words as “willfully, voluntarily, and private individual to act as a depository
knowingly” intent must be proved; thus cannot include the power to appoint him as
good faith or bad faith is essential before public officer
conviction  A private individual who has in his charge
any of the public funds or property
Application of rule enumerated in Art 222 RPC and commits
Peo v. Yadao any of the acts defined in any of the
 A statute which penalizes a “person provisions of Chapter 4, Title 7 of the RPC,
assisting a claimant” in connection with the should likewise be penalized with the same
latter’s claim for veterans benefit, does not penalty meted to erring public officers.
penalize “one who OFFERS to assist” Nowhere in this provision is it expressed or
Suy v. People implied that a private individual falling
 Where a statute penalizes a store owner under said Art 222 is to be deemed a public
who sells commodities beyond the retail officer
ceiling price fixed by law, the ambiguity in
the EO classifying the same commodity into Limitation of rule
2 classes and fixing different ceiling prices  Limitation #1 – Where a penal statute is
for each class, should be resolved in favor capable of 2 interpretations, one which will
of the accused operate to exempt an accused from liability
Peo v. Terreda for violation thereof and another which will
 Shorter prescriptive period is more give effect to the manifest intent of the
favorable to the accused statute and promote its object, the latter
Peo v. Manantan interpretation should be adopted
 The rule that penal statutes are given a US v. Go Chico
strict construction is not the only factor  A law punishes the display of flags “used
controlling the interpretation of such laws during” the insurrection against the US may
 Instead, the rule merely serves as an not be so construed as to exempt from
additional single factor to be considered as criminal liability a person who displays a
an aid in determining the meaning of penal replica of said flag because said replica is
laws not the one “used” during the rebellion, for
Peo v. Purisima to so construe it is to nullify the statute
 The language of the a statute which together
penalizes the mere carrying outside of  Go Chico is liable though flags displayed
residence of bladed weapons, i.e., a knife or were just replica of the flags “used during”
bolo, not in connection with one’s work or insurrection against US
occupation, with a very heavy penalty
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  Limitation #2 – strict construction of penal  A derogation of private rights, thus strict
laws applies only where the law is construction is applied
ambiguous and there is doubt as to its  Statutes expropriating or authorizing the
meaning expropriation of property are strictly
Peo v. Gatchalian construed against the expropriating
 A statute requires that an employer shall authority and liberally in favor of property
pay a minimum wage of not less than a owners
specified amount and punishes any person
who willfully violates any of its provisions Statutes granting privileges
 The fact that the nonpayment of the  Statutes granting advantages to private
minimum wage is not specifically declared persons or entities have in many instances
unlawful, does not mean that an employer created special privileges or monopolies for
who pays his employees less than the the grantees and have thus been viewed
prescribed minimum wage is not criminally with suspicion and strictly construed
liable, for the nonpayment of minimum  Privilegia recipient largam interpretationem
wage is the very act sought to be enjoined voluntati consonam concedentis – privileges
by the law are to be interpreted in accordance with the
will of him who grants them
Statutes in derogation of rights  And he who fails to strictly comply with the
 Rights are not absolute, and the state, in will of the grantor loses such privileges
the exercise of police power, may enact Butuan Sawmill, Inc. v. Bayview Theater, Inc
legislations curtailing or restricting their  Where an entity is granted a legislative
enjoyment franchise to operate electric light and
 As these statutes are in derogation of power, on condition that it should start
common or general rights, they are operation within a specified period, its
generally strictly construed and rigidly failure to start operation within the period
confined to cases clearly within their scope resulted in the forfeiture of the franchise
and purpose
 Examples: Legislative grants to local government units
 Statutes authorizing the  Grants of power to local government are to
expropriation of private land or be construed strictly, and doubts in the
property interpretation should be resolved in favor of
 Allowing the taking of deposition the national government and against the
 Fixing the ceiling of the price of political subdivisions concerned
commodities  Reason: there is in such a grant a
 Limiting the exercise of proprietary gratuitous donation of public money or
rights by individual citizens property which results in an unfair
 Suspending the period of advantage to the grantee and for that
prescription of actions reason, the grant should be narrowly
 When 2 reasonably possible constructions, restricted in favor of the public
one which would diminish or restrict
fundamental right of the people and the Statutory grounds for removal of officials
other if which would not do so, the latter  Statutes relating to suspension or removal
construction must be adopted so as to allow of public officials are strictly construed
full enjoyment of such fundamental right  Reason: the remedy of removal is a drastic
one and penal in nature. Injustice and harm
Statutes authorizing expropriations to the public interest would likely emerge
 Power of eminent domain is essentially should such laws be not strictly interpreted
legislative in nature against the power of suspension or removal
 May be delegated to the President, LGUs, or
public utility company
 Expropriation plus just compensation
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Ochate v. Deling  Basis for strict construction – to minimize
 Grounds for removal – “neglect of duty, the different treatment and foster
oppression, corruption or other forms of impartiality, fairness, and equality of
maladministration in office” treatment among taxpayers
 “in office” – a qualifier of all acts.  Tax exemptions are not favored in law, nor
 Must be in relation to the official as are they presumed.
an officer and not as a private CIR v. CA
person  Issue: whether containers and packaging
Hebron v Reyes materials can be credited against the
 Procedure for removal or suspension should miller’s deficiency tax
be strictly construed  BIR claimed that there should be no tax
 Statute: local elective officials are to be credit
removed or suspended, after investigation,  Held: proviso should be strictly construed to
by the provincial board, subject to appeal to apply only to raw materials and not to
the President containers and packing materials which are
 President has no authority on his own to not raw materials; hence, the miller is
conduct the investigation and to suspend entitled to tax credit
such elective official  Restriction in the proviso is limited only to
sales, miller’s excise taxes paid ‘on raw
Naturalization laws materials used in the milling process’
 Naturalization laws are strictly construed Benguet Corporation v. Cenrtral Board of
against the applicant and rigidly followed Assessment Appeals
and enforced  PD 1955 withdrew all tax exemptions,
 Naturalization is statutory than a natural except those embodied in the Real Property
right Code, a law which grants certain industries
real estate tax exemptions under the Real
Statutes imposing taxes and customs duties Estate Code
 Tax statutes must be construed strictly  Courts cannot expand exemption
against the government and liberally in Esso Standard Eastern, Inc. v Acting Commissioner
favor of the taxpayer of Customs
 Power to tax involves power to destroy  Where a statute exempts from special
 Taxing act are not to be extended by import tax, equipment “for use of
implication industries,” the exemption does not extend
 Tax statutes should be clearly, expressly, to those used in dispensing gasoline at
and unambiguously imposed retail in gasoline stations
 Reason for strict construction: taxation is a CIR v. Manila Jockey Club, Inc.
destructive power which interferes with the  Statute: “racing club holding these races
personal property rights of the people and shall be exempt from the payment of any
takes from them a portion of their property municipal or national tax”
for the support of the government  Cannot be construed to exempt the racing
club from paying income tax on rentals paid
Statutes granting tax exemptions to it for use of the race tracks and other
 Law frowns against exemption from paraphernalia, for what the law exempts
taxation because taxes are the lifeblood of refers only to those to be paid in connection
the nation with said races
 Laws granting tax exemptions are thus Lladoc v. CIR
construed strictissimi juris against the  Statute: exemption from taxation charitable
taxpayer and liberally in favor of the taxing institutions, churches, parsonages or
authority covenants appurtenant thereto, mosques,
 Burden of proof – on the taxpayer claiming and non-profit cemeteries, and all lands
to be exempted buildings, and improvements actually,

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 directly, and exclusively used for religious or Statutes concerning the sovereign
charitable purposes  Restrictive statutes which impose burdens
 Exemption only refer to property taxes and on the public treasury or which diminish
not from all kinds of taxes rights and interests are strictly construed.
La Carlota Sugar Central v. Jimenez  Unless so specified, the government does
 Statute: tax provided shall not be collected not fall within the terms of any legislation
on foreign exchange used for the payment Alliance of Government Workers v. Minister of
of “fertilizers when imported by planters or Labor and
farmers directly or through their Employment
cooperatives”  PD 851 – requires “employers” to pay a
 The importation of fertilizers by an entity 13th month pay to their employees xxx
which is neither a planter nor a farmer nor  “employers” does not embrace the RP, the
a cooperative of planters or farmers is not law not having expressly included it within
exempt from payment of the tax, even its scope
though said entity merely acted as agent of
planter or farmer as a sort of Statutes authorizing suits against the government
accommodation without making any profit  Art. XVI, Sec. 3, 1987 Constitution – “The
from the transaction, for the law uses the State may not be sued without its consent”
word “directly” which means without  General rule: sovereign is exempt
anyone intervening in the importation and from suit
the phrase “through their cooperatives” as  Exception: in the form of statute,
the only exemption state may give its consent to be
CIR v. Phil. Acetylene Co. sued
 Power of taxation if a high prerogative of  Statute is to be strictly construed and
sovereignty, its relinquishment is never waiver from immunity from suit will not be
presumed and any reduction or diminution lightly inferred
thereof with respect to its mode or its rate  Nullum tempus occurrit regi – there can be
must be strictly construed no legal right as against the authority that
Phil. Telegraph and Telephone Corp. v. COA makes the law on which the right depends
 On “most favored treatment clause”  Reason for non-suability – not to subject
 2 franchisee are not competitors the state to inconvenience and loss of
 The first franchisee is will not enjoy a governmental efficiency
reduced rate of tax on gross receipts Mobil Phil. Exploration, Inc. v. Customs Arrastre
Services
Qualification of rule  The law authorizing the Bureau of Customs
 Strict construction does not apply in the to lease arrastre operations, a proprietary
case of tax exemptions in favor of the function necessarily incident to its
government itself or its agencies governmental function, may NOT be
 Provisions granting exemptions to construed to mean that the state has
government agencies may be construed consented to be sued, when it undertakes
liberally in favor of non-tax liability of such to conduct arrastre services itself, for
agencies damage to cargo
 The express exemption should not be
construed with the same degree of  State-immunity may not be circumvented by
strictness that applies to exemptions directing the action against the officer of
contrary to policy of the state, since as to the state instead of the state itself
such property exemption is the rule and the  The state’s immunity may be validly
taxation is the exemption invoked against the action AS LONG
 E.g. tax exemption in favor of NAPOCOR – AS IT CAN BE SHOWN that the suit
whether direct or indirect taxes, exempted really affects the property, rights, or
interests of the state and not merely

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 those of the officer nominally made  Only those expressly exempted by
party defendant the proviso should be freed from the
 Even if the state consents, law should NOT operation of the statute
be interpreted to authorize garnishment of
public funds to satisfy a judgment against STATUTES LIBERALLY CONSTRUED
government property
 Reason: General social legislation
 Public policy forbids it  General welfare legislations
 Disbursement of public funds  To implement the social justice and
must be covered by a protection-to-labor provisions of the
corresponding appropriation Constitution
as required by law  Construed liberally
 Functions and service cannot  Resolve any doubt in favor of the
be allowed to be paralyzed or persons whom the law intended to
disrupted by the diversion of benefit
public funds from their  Includes the following – labor laws,
legitimate and specific tenancy laws, land reform laws, and
objects, as appropriated by social security laws
law Tamayo v. Manila Hotel
 Law grants employees the benefits of
Statutes prescribing formalities of the will holiday pay except those therein
 Strictly construed, which means, wills must enumerated
be executed in accordance with the  Statcon – all employees, whether monthly
statutory requirements, otherwise, it is paid or not, who are not among those
entirely void excepted are entitled to the holiday pay
 The court is seeking to ascertain and apply  Labor laws construed – the workingman’s
the intent of the legislators and not that of welfare should be the primordial and
the testator, and the latter’s intention is paramount consideration
frequently defeated by the nonobservance  Article 4 New Labor Code – “all
of what the statute requires doubts in the implementation and
interpretation of the provisions of
Exceptions and provisos the Labor Code including its
 Should be strictly but reasonably construed implementing rules and regulations
 All doubts should be resolved in favor of the shall be resolved in favor of labor”
general provision rather than the exceptions  Liberal construction applies only if statute is
 However, always look at the intent vague, otherwise, apply the law as it is
of legislators if it will accord reason stated
and justice not to apply the rule that
“an express exception excludes all General welfare clause
others”  2 branches
 The rule on execution pending appeal must  One branch attaches to the main
be strictly construed being an exception to trunk of municipal authority – relates
the general rule to such ordinances and regulations
 Situations which allows exceptions to the as may be necessary to carry into
requirement of warrant of arrest or search effect and discharge the powers and
warrant must be strictly construed; to do so duties conferred upon local
would infringe upon personal liberty and set legislative bodies by law
back a basic right  Other branch is much more
 A preference is an exception to the general independent of the specific functions
rule A proviso should be interpreted strictly enumerated by law – authorizes
with the legislative intent such ordinances as shall seem
 Should be strictly construed necessary and proper to provide for
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 the health and safety, promote the favor of the LGUs, and any doubt as
prosperity, improve the morals, to the existence of the taxing power
peace, good order xxx of the LGU will be resolved in favor of the local
and the inhabitants thereof, and for government
the protection of the property
therein Statutes prescribing prescriptive period to collect
 Construed in favor of the LGUs taxes
 To give more powers to local governments  Beneficial for both government and
in promoting the economic condition, social taxpayer
welfare, and material progress of the people  To the government – tax officers are
in the community obliged to act promptly in the
 Construed with proprietary aspects, making of the assessments
otherwise would cripple LGUs  To the taxpayer – would have a
 Must be elastic and responsive to various feeling of security against
social conditions unscrupulous tax agents who will
 Must follow legal progress of a democratic always find an excuse to inspect the
way of life books of taxpayers
 Laws on prescription – remedial measure –
Grant of power to local governments interpreted liberally affording protection to
 Old rule: municipal corporations, being the taxpayers
mere creatures of law, have only such
powers as are expressly granted to them Statutes imposing penalties for nonpayment of tax
and those which are necessarily implied or  liberally construed in favor of government
incidental to the exercise thereof and strictly construed against the taxpayer
 New rule: RA 2264 “Local Autonomy Act”  intention to hasten tax payments or to
 Sec 12 – “implied power of a punish evasions or neglect of duty in
province, a city, or a municipality respect thereto
shall be liberally construed in its  liberal construction would render penalties
favor. Any fair and reasonable doubt for delinquents nugatory
as to the existence of the power
should be interpreted in favor of the Election laws
local government and it shall be  Election laws should be reasonably and
presumed to exist” liberally construed to achieve their purpose
 Purpose – to effectuate and safeguard the
Statutes granting taxing power (on municipal will of the electorate in the choice of their
corporations) representatives
 Before 1973 Constitution – inferences,  3 parts
implications, and deductions have no place  Provisions for the conduct of
in the interpretation of the taxing power of elections which election officials are
a municipal corporation required to follow
 New Constitution – Art. X, Sec 5 1987  Provisions which candidates for
Constitution – “each local government unit office are required to perform
shall have the power to create its own  Procedural rules which are designed
sources of revenue and to levy taxes, fees, to ascertain, in case of dispute, the
and charges subject to such guidelines and actual winner in the elections
limitations as the Congress may provide,  Different rules and canons or
consistent with the basic policy of local statutory construction govern such
autonomy” provisions of the election law
 Statutes prescribing limitations on  Part 1:
the taxing power of LGUs must be  Rules and regulations for the
strictly construed against the conduct of elections
national government and liberally in
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  Before election – mandatory  Same rule applies to pardon since pardon
(part 1) and amnesty is synonymous
 After election – directory
(part 3) Statutes prescribing prescriptions of crimes
 Generally – the provisions of a  Liberally construed in favor of the accused
statute as to the manner of  Reason – time wears off proof and
conducting the details of an election innocence
are NOT mandatory; and  Same as amnesty and pardon
irregularities in conducting an Peo v. Reyes
election and counting the votes, not  Art. 91 RPC – “period of prescription shall
preceding from any wrongful intent commence to run from the day the crime is
and which deprives no legal voter of discovered by the offended, authorities,
his votes, will not vitiate an election xxx”
or justify the rejection of the entire  When does the period of prescription start –
votes of a precinct day of discovery or registration in the
 Against disenfranchisement Register of Deeds?
 Remedy against election  Held: From the time of registration
official who did not do his  Notice need not be actual for prescription to
duty – criminal action against run; constructive notice is enough
them  More favorable to the accused if prescriptive
 Part 2: period is counted from the time of
 Provisions which candidates for registration
office are required to perform are
mandatory Adoption statutes
 Non-compliance is fatal  Adoption statutes are liberally construed in
 Part 3: favor of the child to be adopted
 Procedural rules which are designed  Paramount consideration – child and not the
to ascertain, in case of dispute, the adopters
actual winner in the elections are
liberally construed Veteran and pension laws
 Technical and procedural barriers  Veteran and pension laws are enacted to
should not be allowed to stand if compensate a class of men who suffered in
they constitute an obstacle in the the service for the hardships they endured
choice of their elective officials and the dangers they encountered in line of
 For where a candidate has received popular duty
mandate, overwhelmingly and clearly  Expression of gratitude to and
expressed, all possible doubts should be recognition of those who rendered
resolved in favor of the candidates service to the country by extending
eligibility, for to rule otherwise is to defeat to them regular monetary benefit
the will of the electorate  Veteran and pension laws are liberally
construed in favor of grantee
Amnesty proclamations Del Mar v. Phil. Veterans Admin
 Amnesty proclamations should be liberally  Where a statute grants pension benefits to
construed as to carry out their purpose war veterans, except those who are actually
 Purpose – to encourage to return to the fold receiving a similar pension from other
of the law of those who have veered from government funds
the law  Statcon – “government funds” refer to
 E.g. in case of doubt as to whether certain funds of the same government and does
persons come within the amnesty not preclude war veterans receiving similar
proclamation, the doubt should be resolved pensions from the US Government from
in their favor and against the state enjoying the benefits therein provided

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Board of Administrators Veterans Admin v. Bautista meet the age requirement for retirement
 Veteran pension law is silent as to the under the law but had accumulated a
effectivity of pension awards, it shall be number of leave of credits which, if added
construed to take effect from the date it to his age at the time, would exceed the
becomes due and NOT from the date the age requirement
application for pension is approved, so as to  Held: yes, entitled to gratuity! Liberal
grant the pensioner more benefits and to construction applied
discourage inaction on the part of the In Re Pineda
officials who administer the laws  Explained doctrine laid down in the previous
Chavez v. Mathay case
 While veteran or pension laws are to be  The crediting of accumulated leaves to
construed person from receiving double make up for lack of required age or length
pension or compensation, unless the law of service is not done discriminately
provides otherwise  xxx only if satisfied that the career of the
Santiago v. COA retiree was marked by competence,
 Explained liberal construction or retirement integrity, and dedication to the public
laws service
 Intention is to provide for sustenance, and In Re Martin
hopefully even comfort when he no longer  Issue: whether a justice of the SC, who
has the stamina to continue earning his availed of the disability retirement benefits
livelihood pursuant to the provision that “if the reason
 He deserves the appreciation of a grateful for the retirement be any permanent
government at best concretely expressed in disability contracted during his incumbency
a generous retirement gratuity in office and prior to the date of retirement
commensurate with the value and length of he shall receive only a gratuity equivalent to
his service 10 years salary and allowances
Ortiz v. COMELEC aforementioned with no further annuity
 Issue: whether a commissioner of COMELEC payable monthly during the rest of the
is deemed to have completed his term and retiree’s natural life” is entitled to a monthly
entitled to full retirement benefits under the lifetime pension after the 10-year period
law which grants him 5-year lump-sum  Held: Yes! 10-year lump sum payment is
gratuity and thereafter lifetime pension, intended to assist the stricken retiree
who “retires from the service after having meeting his hospital and doctor’s bills and
completed his term of office,” when his expenses for his support
courtesy resignation submitted in response  The retirement law aims to assist the retiree
to the call of the President following EDSA in his old age, not to punish him for having
Revolution is accepted survived
 Held: Yes! Entitled to gratuity Cena v. CSC
 Liberal construction  Issue: whether or not a government
 Courtesy resignation – not his own will but employee who has reached the compulsory
a mere manifestation of submission to the retirement age of 65 years, but who has
will of the political authority and appointing rendered less than 15 years of government
power service, may be allowed to continue in the
In Re Application for Gratuity Benefits of Associate service to complete the 15-year service
Justice Efren I Plana requirement to enable him to retire with
 Issue: whether Justice Plana is entitled to benefits of an old-age pension under Sec
gratuity and retirement pay when, at the 11(b) PD 1146
time of his courtesy resignation was  However, CSC Memorandum Circular No 27
accepted following EDSA Revolution and provides that “any request for extension of
establishment of a revolutionary compulsory retireesto complete the 15
government under the Freedom years service requirement for retirement
Constitution, he lacked a few months to shall be allowed only to permanent
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 appointees in the career service who are would otherwise be void for want of
regular members of the GSIS and shall be conformity with certain legal requirements;
granted for a period not exceeding 1 year retroactive
 Held: CSC Memorandum Circular No 27  Redemption laws – remedial in nature –
unconstitutional! It is an administrative construed liberally to carry out purpose,
regulation which should be in harmony with which is to enable the debtor to have his
the law; liberal construction of retirement property applied to pay as many debtor’s
benefits liability as possible
Rules of Court  Statutes providing exemptions from
 RC are procedural – to be construed execution are interpreted liberally in order
liberally to give effect to their beneficial and humane
 Purpose of RC – the proper and just purpose
determination of a litigation  Laws on attachment – liberally construed to
 Procedural laws are no other than promote their objects and assist the parties
technicalities, they are adopted not as ends obtaining speedy justice
in themselves but as means conducive to  Warehouse receipts – instrument of credit –
the realization of the administration of law liberally construed in favor of a bona fide
and justice holders of such receipts
 RC should not be interpreted to sacrifice  Probation laws – liberally construed
substantial rights at the expense of  Purpose: to give first-hand offenders
technicalities a second chance to maintain his
Case v. Jugo place in society
 Lapses in the literal observance of a rule of  through the process of reformation
procedure will be overlooked when they do  Statute granting powers to an agency
not involve public policy; when they arose created by the Constitution should be
from an honest mistake or unforeseen liberally construed for the advancement of
accident; when they have not prejudiced the purposes and objectives for which it
the adverse party and have not deprived was created
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
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