Preliminary Considerations
What is Statutory Construction?
Statutory Construction is the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts (Justice Martin)
Who has the power to make laws?
The legislative power shall be vested in the Congress of the Philippines which consist of a Senate and a House of Representatives (Article VI, Section 1, 1987 Philippine Constitution)
Legislative intent is determined principally from _________.
language of the statute
What is the principle of ubi lex non distinguit nec nos distinguere debemos?
When the law does not distinguish, courts should not distinguish
What is the requirement before a statute can be impliedly repealed by another statute?
In order to effect a repeal by implication, the later statute must be so irreconcilably inconsistent and repugnant with the existing law that they cannot be made to reconcile and stand together.
What is the first and fundamental duty of the courts?
What is the minimum number of votes required to pass a bill in the Senate if 1 Senator is hospitalized and 1 Senator is abroad?
12
What is the principle of Verba Legis?
Under the Plain Meaning Rule, otherwise called Verba Legis, a statute must be interpreted literally.
If the language of the statute is plan and free from ambiguity, and expresses a single, definite, and sensible meaning, that meaning is conclusively presumed to be the meaning which the legislature intended to convey.
What is the principle of Ejusdem Generis?
Under the principle of ejusdem generis, where general words follow an enumeration of persons or things by words of particular and specific meaning, such general words are not to be construed in their widest extent but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.
Discuss the presumption against unconstitutionality. What doctrine is it based on?
Laws are presumed constitutional. To justify nullification of a law, there must be a clear and unequivocal breach of the constitution, not a doubtful and argumentative implication.
This presumption against unconstitutionality is based on the Doctrine of Separation of Powers, which enjoins on each department a proper respect for the acts of other departments.
Interpretation is limited to exploring the written text while Construction can go beyond and may call in the aid of extrinsic considerations.
What is read in the (1) first; (2) second; and (3) third reading of a Bill?
(1) First Reading - Number and Title of the Bill
(2) Second Reading - Entirety of the Bill
(3) Third Reading - Title of the Bill
What is the principle of ut magis valet quam pereat?
Under the principle of ut magis valet quam pereat, what should be sought is a construction that gives effect to the whole of the statute - its every word.
Legislative intent must be ascertained from a consideration of the statute as a whole and not merely of a particular provision.
Distinguish Expressio Unius Est Exclusio Alterius from Noscitur A Sociis.
Expressio Unius Est Exclusio Alterius - The express mention of one person, thing or consequence is tantamount to an express exclusion of all others.
Noscitur A Sociis - Associated words explain and limit each other.
In construing a doubtful or ambiguous statute, the Court will presume that it was the intention of the legislature to enact a _____, ______ and ____ law.
In construing a doubtful or ambiguous statute, the Court will presume that it was the intention of the legislature to enact a valid, sensible and just law.
What is the situs of construction or interpretation?
The situs or purpose of construction or interpretation is to ascertain and give effect to the legislative intent.
Give 2 instances where a bill becomes a law without the approval of the President.
(2) Lapse of 30 days from the President's receipt of the Enrolled Bill
Discuss the doctrine of necessary implication and give a case applying such doctrine.
Under the Doctrine of necessary implications, what is implied in a statute is as much a part thereof as that which is expressed.
Example of Cases:
Chua v. CSC - co-terminus employee
City of Manila v. Judge Gomez - real property taxes
How is a week defined in the case of PNB v. Court of Appeals (222 SCRA 134, May 17, 1993)?
A “week” means a period of seven consecutive days without regard to the day of the week on which it begins.
What is Article 10 of the New Civil Code? What presumption can you relate to this article? Give an example of a Supreme Court where this Article was applied.
Article 10 of the New Civil Code states that "in case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail."
Article 10 of the New Civil Code is one of the provisions of law which bolsters the presumption against injustice when interpreting or construing a statute.
Example of SC Case: Salvacion v. Central Bank, G.R. No. 94723, August 21, 1997.
What are the 2 requisites that must be present before courts are duty bound to construe and interpret the laws?
(1) There mus be an actual case or controversy; and
(2) There is ambiguity in the law involved in the controversy
What is the test of a valid ordinance?
1. It must not contravene the Constitution or any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate trade
5. It must be general and consistent with public policy 6. It must not be unreasonable
Under the principle of (1) _____________, when a court has once laid down a (2) ________________ as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases where the (3) _____ are substantially the same, regardless of whether the (4) _____ and (5) ______ are the same.
Under the principle of stare decisis, when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same, regardless of whether the parties and property are the same.
(1) What is a proviso?
(2) What is the word used in introducing a proviso?
(3) How is a proviso construed?
(4) Provide an example of a Supreme Court case where a proviso was interpreted, and explain the case
(1) Proviso is a closure or part of a clause in the statute, the office of which is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation.
(2) “Provided” is the word used in introducing a proviso.
(3) A proviso is to be construed with reference to the immediately preceding part of the provision to which it is attached, and not to other sections thereof.
(4) In the case of ALU-TUCP v. NLRC et al., G.R. No. 109902, August 2, 1994, the proviso in Art. 280 only relates to casual employees and is not applicable to those who fall within the definition of said article’s first paragraph, i.e., project employees.
Give at least 5 examples of intrinsic aids.
(1) Title
(2) Preamble
(3) Context or Body of the Statute
(4) Chapter and Section Headings
(5) Punctuation
(6) Interpretation Clause