Statutory
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. #$ec #$ecti tivi vity ty !la !laus use e
INSTRINSIC AIDS Intrinsic Aids •
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They are tools that one uses to interpret the provisions of the law. They are found found within within the statute itself itself..
Initial Considerations Considerations
The Title Article VI Section 26 (1 o! 1"#$ %onstitution &ver' &ver' la passed passed b' congre congress ss s)all )ave onl' onl' one sub*ect matter )ic) s)all be embraced in t)e title t)ereo!. Title provides an insight as to the content of the instrument as well as to its legislative intent. 'ropose 'roposed d bill is usually usually accompa accompanied nied by &xplanator' note which eplains the reason behind the proposed bill. 'reamble is usually contained in older laws. They do not form part of the law as they cannot cannot contr control ol the specispeci-c c terms terms of the statut statute. e. Their Their main main purpo purpose se is the same same with #planatory note.
Observe the language of the law, treat its provisions in connection with other provisions found within the law and ascertain ascertain legislative intent through the following:
1. Verba erba legi legis s If clear, plain and free from ambiguity, it must must be give given n its its lite litera rall mean meanin ing g and and applied without interpretation. Also known as plain-meaning rule. index animi servo or speech is the inde of the mind Verba Verba legis non est receden recedendum dum or from from the words of the statute, there can be no departure. !onstruction and interpretation come only afte afterr it has has been been demo demons nstr trat ated ed that that applicati application on would would be impossib impossible le without without them. They are the very last function that the court should eercise. If the language language is clear clear and une"uivoca une"uivocal, l, there is no more need for intrinsic aids as there is no need to interpret. . Conte! Conte!tua tuall Treat"e reat"ent nt To To discover the general legislative legislative intent, the whole statute must be considered. #very part of the statute must be consider considered ed together together with other parts parts and kept them subservient to the general intent of the whole enactment. Ut magi magis s vale valeat at quam quam pere pereat at or the the construction to be sought is the one which gives e$ect to the whole of the statute% its every word. #. $egi $egisl slat ativ ive e Int Inten entt The ob&ect of all interpretation interpretation and cons constr truc ucti tion on of law law is to asce ascert rtai ain n the the meaning and intention of the legislature, legislature, to the end that the same may be enforced. 'rincipally, legislative intent is determined thro throug ugh h the the lang langua uage ge of the the law law. Index animi servo. •
The 'ody The tet of the law is considered considered the intrinsic aid. In interpr interpretin eting g the body, one may adopt adopt either a liberal or strict interpretation. If the law is clear and une"uivocal, it must be applied regardless regardless of its e$ect. +ura lex sed lex. If there there is ambigui ambiguity, ty, and in interpr interpretin eting g according to the eact and literal meaning of word words, s, it would would resul resultt to absur absurd d and and mischievous mischievous conse"uences, or the intent of the legislature would be defeated, then, it shall be interpreted in accordance with the spirit of the law.
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%our Corners o& the Statute 1. Title (. )ody *. +epea epeali ling ng !la !laus use e
Tools( 1. Cass Cassus us )"is )"issu sus s %assus omissus pro omisso )abendus est or cases omitted is to be held intentionally omitted. hen the statute makes speci-c provisions as to enumerate cases or ob&ects but omits a case or ob&ect within the general scope of the statute, it must to be held as omitted intentionally. The /igh courts are not at liberty to supply the omissions in the statutes as it would constitute an encroachment upon the -eld of legislation. legislation. . Star Stare e Decis ecisis is Stare decisis et non quieta movere Article #, e %ivil %ode #. Dist Distin inct ctio ions ns
Statutory
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Ubi lex non distinguit nec nos distinguere debemus. hen hen the law law does does not disti disting ngui uish, sh, the court should not distinguish. The general words and phrases of the statute should ordinarily be accorded their natural and general signi-cance. +!cept +!ception ions s ,provi ,provisos sos-&xce &xcept ptio io proba probatt regu regula lam m de rebu rebus s non non exceptis. #ce #cept ptio ions ns prov prove e rule rules s on thin things gs not not ecepted. #very rule is sub&ect to its own eception and every eception is a rule. hen the law does not make an eception, eception, the courts should not make an eception, unless there is a compelling reason to do so. /enera /enerall and and Specia Speciall ter" ter"s s 0ene 0enera rall term terms s are are to rece receiv ive e gene genera rall con constr struction tion unless, retain taine ed by the the conte contet t or by plain plain infer inferenc ences es from from the scope or purpose of the law. pecial terms may be epanded to general signi-cation by the consideration that the reason of the law is general. hen hen a stat statut ute e de-n de-nes es the the part partic icul ular ar words and phrases it uses, the legislative de-n de-nit itio ion n cont contro rols ls the the mean meanin ing g of the the statutory statutory word, word, irrespe irrespectiv ctive e of any other other meaning the word or phrase may have in its ordinary or usual sense. +us +usde de" " /ene /eneri ris s hen certain things are enumerated, and then a certain phares is used which might be construed to include other things, it is usually con-ned to e&usdem generis or of the same kind with regard to the preceding preceding words. Incl Inclus usio io 3nio 3nios s The epress epress mention of one person, thing or conse"uence is tantamount to epress of eclusion of all others #ception: when would result of in&ustice or when eclusion has nothing to do with the purpose or if it is only by way of eample. Asso Associ ciat ated ed 5ords ords
2ay% permissible 'ositiv 'ositive e prohibi prohibition tion couched couched in negativ negative e words importing that act shall not be done otherwise than designated is 2andatory. 11. Conunctive Conunctive and Disunctive Disunctive words )r9 a dis& dis&un unct ctiv ive e ter term sign signif ifyi ying ng dissociation and independence of one thing from others4 to give choice or alternative And9 a con&unction used to denote union or &oinder. 1. Co"putation o& Ti"e Article 1# o& New Civil Code Sect Sectio ion n #1: #1: Chap Chapte terr VIII VIII:: 'oo; 'oo; 1 o& Ad"inistrative Ad"inistrative Code 1#. %unction %unction o&
TR+AT8+NT Strict Construction Construction tatutes will not be enlarged by implications or intendment beyond the fair meaning of the language thereof.
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Noscitur sociis
)en )en a ord is ambigu ambiguous ous,, its meaning meaning can be ascertained !rom its associates. 6. Nega Negati tive ve 5or 5ords ds 2andatory A3rmative words are directory. 'ena enal stat tatutes tes are are stric tricttly aga against governm government ent and liberall liberally y in favor of the accused. 17. 8andatory and Directory words words hall% mandatory
$iberal Construction 0atio legis est anima (t)e spirit or reason o! t)e la is its soul The intention of the law is usually found not in the letter t)at illet) but in t)e spirit t)at vivet).
Treat"ent( $aw Cri"inal $aw Ta! $aws Ta! e!e"ption
Strict $iberal Against the In favor of the 0overnment accused Against the In favo favorr of the the 0overnment ta payer Again Against st the ta In favo favorr of the the payer 0overnment 3reatment 3reatment depends. In favo favorr of the the government Against the applicant In favo favorr of the the people
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Statutory
%u$rage
To To be strictly construed
%tatutory provisions waiv aiving state tate immunity %Agrarian 7aws %Ordinance Co""ercial $aws %!ontracts:
9Insurance $abor and Social $egislation Rules o& Court
In favor of grantees In favor of 7ocal 0overnment
Intention o! t)e contracting parties s)ould prevail Against the In favo favorr of the the insurer insured 8bene-ciary9 In favo favorr of the the safety and decent decent living living of laborers. To To be liberally construed in order to prom promot ote e thei theirr ob&ec &ective tive and and securing securing a &ust, &ust, speedy and inepensive disp dispos osit itio ion n of every action and proceeding.
Ad"inistrative rules o& procedure ,Arti ,Article cle 2: par -
+=TRINSIC AIDS +!trinsic Aids They are tools in the construction construction of statute that are found beyond the statute itself% from outside sources. They are resorted to only upon conclusion conclusion that the ambiguity remains upon ehausting all available intrinsic aids.
Tools 1. $egi $egisl slat ativ ive e >ist >istor ory y It refe refers rs to during ing the the proposed bill !ongress. They may be and minutes minutes committees.
the the deli delibe bera rati tion ons s made made process cess whe wherein ein the the is carried throughout the found in &ournals, &ournals, records of the the meetin meetings gs of the
( elem elemen ents ts of 7ega 7egall acts acts:: Inte Intern rnal al 8intentio 8intention9 n9 and eterna eternall 8epre 8epressio ssion9. n9. ailure of the latter defeats the former. . Conte" Conte"por porane aneou ous s Constr Construc uctio tion n %ont %ontem empra praea ea expo exposi sito to est est opti optima ma !ortissimo in lege. !ontemporary applicati application on is the best and stronges strongestt means of understanding the law. It pert pertai ains ns to the the cons constr truc ucti tion on 8or 8or sometimes sometimes rulings rulings;opi ;opinion nions s if "uasi% "uasi% &udicial bodies9 made by the o3cers or bodies bodies 8eecut 8eecutive ive construc construction tion99 often often tasked to implement the law. It is used only and only when, in case of substantial doubt and ambiguity. 5ot 5ot bind bindin ing g to cour courts ts and and may may be re&ected if found erroneous. #. ?uri ?urisp spru rude denc nce e serve as guidance It includes &udicial notice. *. $ega $egall 8ate 8ateri rial als s They pertain to published published articles, books, treatise by people considered as eperts in their -eld. #amples are as follows: i. $egal Dictionary and +ncyclop +ncyclopedia edia such as )lack
ustice >ustice on issues issues of laws and circulars or memo memora rand nda a issu issued ed by the the !ommi ommiss ssiione oner of Inter ternal +evenue regarding the treat treatmen mentt and appli applica catio tion n of 5I+!. v. $aw ?ourn ournal als s are publications made by law schools or orga organi ni6a 6ati tion ons s show showca casi sing ng commentaries or legal opinions opinions made by its faculty or members. 8like novel issue of law or recently decided cases9 vi. vi. %orei oreign gn uri urisd sdic icti tion ons s pertain to decisions handed by courts
Statutory of foreig foreign n decision decisions. s. They are at most persuasive. persuasive.
+%%+CTIVIT AND A<<$ICATI)N Article o& the New Civil Code 7aws 7aws shall shall take take e$ect e$ect after after 1? days days follow followin ing g the completio completion n of their their publica publication tion either in the o3cial o3cial ga6ette or in a newspaper of general circulation in the 'hilippines unless it is otherwise provided.
Article * o& the New Civil Code 7aws 7aws shal shalll have have no retr retroa oact ctiv ive e e$ec e$ect, t, unle unless ss the the contrary is provided.
Curative Application •
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7aws whose principal purpose is to cure err errors ors and and irr irregul egular arit itie ies s in prio priorr enac enactm tmen ents ts and and in admi admini nist stra rati tive ve proceedings. They are designed to give e$ect to cont contra ract cts s and and othe otherr tran transa sact ctio ions ns between private parties which othe otherw rwis ise e woul would d fail fail of prod produc ucin ing g intended intended conse"u conse"uence ences s by reason reason of some statutory statutory disabil disability ity or failure failure to comply with some technical re"uirement.
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Statutory INC)8
C any statute.
Inco"patibility It aris arises es when when a sing single le or two two laws laws dealing with the same sub&ect matter but with con@icting provisions as far as the treatment and application of right. In such such case case,, the the init initia iall task task of the the court is to reconcile them.
2ust not contrave contravene ne the !onstitu !onstitution tion
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2ust not be unfair or oppressive
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2ust not be partial or discriminatory.
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2ust 2ust not not prohi prohibi bitt but but may regu regulat late e
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/ 2ust be general general and consiste consistent nt with the public policy 3
2ust not be unreasonable
/+N+RA$ C)NSID+RATI)NS
Test( 1. =o they they conf confor orm m to the the consti constitut tutio ion n (. =o they they conf confor orm m to the the inte intent nt of the the entire law *. =o the they con confor form to the the legisla islati tiv ve intent . =o the they y prom promot ote e &ust &ustic ice e
Statutory Construction It is a branch of law dealing with the inter interpr preta etatio tion n of laws laws enact enacted ed by a legisl legislatu ature re.. A &udicial function function re"uired re"uired when a statute is invoked invoked and di$erent di$erent interpretations interpretations are in contention. 8)alck
'articular vs 0eneral B former is operative4 latter takes e$ect in cases when not within the scope of particular enactment.
Interpretation
$aws vis9B9vis Constitution
It is the drawing of the true nature, meaning and intent of the law through an eamination of its provisions.
See Article $ o! e %ivil %ode and 4anila /rince 5otel vs SIS
$aws vis9B9vis $aws 'articular law should prevail. ubse"uent law repeals prior laws ee Article C of 5!! /rovisions vis-7-vis vis-7-vis ame test with /rovisions /rovisions.
/eneral $aw vis9B9vis Special $aw eneralia specialibus non derogant. •
0ene 0enera rall thin things gs to do not not dero deroga gate te thin things gs spec specia ial. l. If the the stat statut utes es are are irre irrecon conci cilab lable, le, gener general al statut statute e must must give give way to the special special or parti particu cular lar prov provis isio ions ns as an ece ecept ptio ion n to the the general general provisi provisions. ons. 8even if the later legislation is the general one9
$aws vis9B9vis )rdinances In order to be valid, an ordinance must be within the corporate powers of local government unit but also, must conform to the following substantive re"uirements: / R ) 3 < C
Construction The process of using tools, aid, references references eta etant nt from from the the law law in orde orderr to asce ascert rtai ain n its its true true nature, meaning and intent.
?udicial Review Review Article DIII of 1EFC !onstitution provides that:
8udicial poer includes dut' o! t)e courts to settle actual controversies involving rig)ts )ic) are legall' demandable and en!orceable and to determine )et )et)e )err or not not t)er t)ere e )as )as been been a grav grave e abus abuse e o! discretion amounting to lac or excess o! *urisdiction on t)e part o! an' branc) or instrumentalit' o! t)e government.
Reuisites( 1.
An actu actual al and app appropr opriate iate cas case or controversy (. A pers person onal al and subst substan anti tial al inter interes estt of the party party raisi raising ng the consti constitut tution ional al "uestion *. The eercise of &udicial review is pleaded at the earliest opportunity opportunity . The The cons consti titu tuti tion onal al "ues "uesti tion on rais raised ed is the very lis mota of the case.
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Statutory
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Statutory
>ustice is the reason of the law
1. Valid
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7aws are presumed to be constitutional !oro !oroll llar ary y pres presum umpt ptio ion n is that that the the !ongress did not eceed its powers in enacting the law and in accord with the principles of sound public policy. To To &ustify invalidation, there must be a clear clear and and une"u une"uiv ivoca ocall breac breach h of the const onstiituti tution on,, not a doub oubtful ful and argumentative implication In case of doubt, duty of court is to eert eert every e$ort to prevent prevent the law from being nulli-ed.
. ?ust $e! inustia non est le!
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