2 kinds of liberality in statutory construction



There are two kinds of "liberality" with respect to the construction of provisions of law. The first requires ambiguity in the text of the provision and usually pertains to a situation where there can be two or more viable meanings given the factual context presented by a case. Liberality here means a presumption or predilection to interpret the text in favor of the cause of the party requesting for "liberality."

Then there is the "liberality" that actually means a request for the suspension of the operation of a provision of law, whether substantive or procedural. This liberality requires equity. There may be some rights that are not recognized in law, and if courts refuse to recognize these rights, an unfair situation may arise. Specifically, the case may be a situation that was not contemplated on or was not possible at the time the legal norm was drafted or promulgated. (G.R. No. 177382; February 17, 2016)