StatCon Q and A Final Draft
StatCon Q and A Final Draft
College of Law
Juris Doctor
Ninoy Aquino Library and Learning Resources Center
Sta. Mesa, Manila
and
In Partial Fulfilment of the Requirements in Statutory Construction for the Juris Doctor
Degree
Andaya, Jarmaine L.
Garcia, Julie Ann Joy Garcia E.
Lobas, Shela L.
Magbitang, Arbie C.
Ordonia, Princess Celinne A.
Robles, Marielle Shaira L.
A. In General
Generally
What are the tasks of the judiciary in interpreting the words and
phrases of the statute?
- The tasks of the judiciary in interpreting the words and phrases of the
statute are the following:
a) Ascertain intent from statute
b) Ascertain intent from extraneous and relevant circumstance
c) Construe word or phrase to effectuate such intent
Statutory Definition
Qualification of a Rule
In a case that word in statutes has both restricted and general meaning,
what should prevail?
- The general meaning must prevail unless the nature of the subject matter
and context in which it is employed clearly indicates that the limited
sense is intended.
B. Associated Words
- Expressum facit cessare tacitum where the rule is that what it expressed puts
an end to that which is implied.
- Its variations are canons of restrictive interpretation. They are based on the rules
of logic and the natural workings of human mind. They are predicated upon
ones own voluntary act and not upon that of others.
- The reason is that there are circumstances indicating that the enumeration is not
intended to be exclusive, as shown by the fact that to exclude the provision and
others not mentioned therein would be productive of undesirable consequences
not intended by its framers, and disruptive of the principle that uniformity of
rules designed to simplify procedure in all courts.
Doctrine of casus omissus casus omissus pro omisso habendus est; a person, object or
thing omitted from an enumeration must be held to have been omitted intentionally.
- The court cannot under its power of interpretation supply the omission even
though the omission may have resulted from inadvertence or because the case in
question was not foreseen or contemplated.
- It does not apply where it is shown that the legislature did not intend to exclude
the person, thing or object from the enumeration.
- The use of comma to separate an antecedent from the rest exerts a dominant
influence in the application of the doctrine of last antecedent. Thus, it has been
held that the qualifying effect of a modifying word or phrase will be confined to
its immediate antecedent if the latter is separated by a comma from the other
antecedents.
- To restrain or qualify the generality of the enacting clause or section which it refers.
- Limit or restrict the general language or operation of the statute, not to enlarge it
Can a proviso be an additional legislation?
- A proviso may also assume the role of an additional legislation. It has been held that
usual and primary office of a proviso is to limit generalities and exclude from the
scope of the statute that which otherwise would be within its terms.
- The general rule is that the office of the proviso qualifies or modifies only the phrase
immediately preceding it or restrains or limits the generality of the clause that it
immediately follows.
- The legislative intent is to restrain or qualify not only the phrase immediately
preceding it but also earlier provisions of the statute or even the statute itself as a
whole, then the proviso will be construed in that manner, in order that the intent of
the law may be carried out.
What is an exception?
- The function of a an exception is neither to color nor to dominate nor to destroy the
general rule
- It is a clause in a provision of law which operates to except from the effect of the law
what the clause provides, or to save something which would otherwise be lost and it
is usually used to except or save something from the effect of a repeal of a statute.
CHAPTER VI
STATUTE CONSTRUED AS WHOLE IN RELATION TO OTHER STATUTES
Maxim: ut res magis valeat quam pereat (that construction is to be sought which
gives effect to the whole of the statute)
Answer: The intent of the statute is ascertained from it taken as a whole. And this
purpose (intent) controls its construction- how each word and phrases may be given
meaning.J
- The intent or meaning of it should be ascertained from the statute taken as a whole and
not from isolated parts of it.
- A statute should be construed with reference to every other part and every word and
phrase in connection with its contextJ
What does it mean by the maxim, "optima statuti interpretatrix est ipsum
statutum"?
Answers:
Presumption: The legislature has enacted a statute whose provisions are in harmony
and consistent with each other and that conflicting interpretation in the same
statute are never supposed or regarded.
Exception: If one part of a statute cannot be reconciled or harmonized with another
without nullifying one in favour of another, the court should construe it by choosing
the one which will best effectuate the legislative intent.
Answers:
Answer:
Why the statute needs to be construed in harmony with the fundamental law?
The statute needs to be construed in harmony with the fundamental law because it
is always presumed that the legislature adhered to the constitutional limitations
when they enacted the statute. Furthermore, it is also important to understand a
statute in light of the constitution and to avoid interpreting the former in conflict
with the latter.
TAADA v. TUVERA
This is the case regarding Article 2 of the Civil Code especially the phrase unless
otherwise
provided
Statutory Construction: One should understand that if the phrase refers to the
publication
itself it would violate the constitution (since all laws should be made public)
What if the later law have no reference to the prior law, does that mean they
are not In Pari Materia?
No. It is sufficient that they have the same subject matter.
What are the things to consider in constructing statutes which are In Pari
Materia?
It should consider the following:
a. History of the legislation on the subject
b. Ascertain the uniform purpose of the legislature
c. Discover the policy related to the subject matter has been changed or modified
d. Consider acts passed at prior sessions even those that have been repealed
What does the legal maxim, Distingue tempora et concodabis jura means?
It means Distinguish times and you will harmonize laws.
In cases of two or more laws with the same subject matter, does the later act
impliedly repeal the prior act?
No. The rule is, the only time a later act will be repealed or amended is when the act
itself expressly stated the amendment or repeal so that it will supersede all the prior
acts or when there is an irreconcilable repugnancy between the two.
What are the reasons why laws on the same subject are reconciled?
There are two main reasons:
a. The presumption that the legislature took into account prior laws when they
enacted the new one
b. Enactments of the same legislature on the same subject are supposed to form
part of one uniform system. It is because later statutes are supplementary to the
earlier enactments.
Note: If possible, construe the two statutes wherein the provisions of both are given
effect
LACSON v. ROQUE
Issue: the phrase unless sooner removed of a statute that states the mayor shall hold
office for
four years unless sooner removed
Statutory Construction: The court held that the phrase should be construed in relation to
removal
statutes. Thus the phrase meant that although the mayor cannot be removed during his
term of
office, once he violates those that are stated in removal statutes.
Statutory Construction: The phrase, shall not be permitted to leave without first obtaining
permission of the same court should be reconciled with another statute that states any
patient
confined in a mental institution may be released by the Director of Health once he is cured.
The
Director shall inform the judge that approved the confinement. These two statutes refer to a
person
who was criminally charged but was proven to be an imbecile or insane thus they should
be
construed together. Their construction would mean that in order for the patient to be
released,
there should be an approval of both the court and the Director of Health.
What if there are two acts which contain one general and one special?
If it produces conflict, the special shall prevail since the legislative intent is clearer
thus it must be taken as intended to constitute an exception. Think of it as one
general law of the land while the other applies only to a particular case.
Supplemental Statute
Reenacted Statutes
Adopted Statutes
What is an Adopted Statute?
It is a statute patterned after a statute of a foreign country. The Court should take
into consideration how the courts of other country construe the law and its
practices.