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    Barbara Mae
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    The document discusses various presumptions that courts will use when interpreting statutes. It outlines presumptions against unconstitutionality, injustice, implied repeals, ineffectiveness, and absurdity. Courts will presume that statutes are valid, sensible, just, and do not change prior law more than necessary. They will also presume statutes are constitutional, avoid unjust conclusions, and are effective.

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    CHAPTER V

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    The document discusses various presumptions that courts will use when interpreting statutes. It outlines presumptions against unconstitutionality, injustice, implied repeals, ineffectiveness, and absurdity. Courts will presume that statutes are valid, sensible, just, and do not change prior law more than necessary. They will also presume statutes are constitutional, avoid unjust conclusions, and are effective.

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    66 views1 page

    Chapter V

    Uploaded by

    Barbara Mae
    The document discusses various presumptions that courts will use when interpreting statutes. It outlines presumptions against unconstitutionality, injustice, implied repeals, ineffectiveness, and absurdity. Courts will presume that statutes are valid, sensible, just, and do not change prior law more than necessary. They will also presume statutes are constitutional, avoid unjust conclusions, and are effective.

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    Attribution Non-Commercial (BY-NC)
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    of 1

    CHAPTER V

    PRESUMPTIONS IN AID OF CONSTRUCTION AND


    INTERPRETATION
    PRESUMPTIONS
    In construing a doubtful or ambiguous statute, the Courts will presume that it was the intention of the
    legislature to enact a valid, sensible andjust law, and one which should change the prior law no further
    than maybe necessary to effectuate the specific purpose of the act in question.
    PRESUMPTION AGAINST UNCONSTITUTIONALITY
    Laws are presumed constitutional. To justify nullification of law, there
    must be a clear and unequivocal breach of the constitution.
    The theory is that, as the joint act of the legislative and executive authorities, a law is supposed to have
    been carefully studied and determined to be constitutional before it was finally enacted.
    All laws are presumed valid and constitutional until or unless otherwise
    ruled by the Court.
    PRESUMPTION AGAINST INJUSTICE
    The law should never be interpreted in such a way as to cause injustice
    as this never within the legislative intent.
    We interpret and apply the law in consonance with justice.
    Judges do not and must not unfeelingly apply the law as it is worded, yielding like robots to the literal
    command without regard to its cause and consequence.

    PRESUMPTION AGAINST IMPLIED REPEALS


    The two laws must be absolutely incompatible, and clear finding thereof
    must surface, before the inference of implied repeal may be drawn.
    In the absence of an express repeal, a subsequent law cannot be construed as repealing a prior law
    unless an irreconcilable inconsistency and repugnancy exists in terms of the new and old laws.
    PRESUMPTION AGAINST INEFFECTIVENESS
    In the interpretation of a statute, the Court should start with the
    assumption that the legislature intended to enact an effective statute.
    PRESUMPTION AGAINST ABSURDITY
    Statutes must receive a sensible construction such as will give effect to
    the legislative intention so as to avoid an unjust and absurd conclusion.
    Presumption against undesirable consequences were never intended by a
    legislative measure.
    PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL
    LAW
    Philippines as democratic and republican state adopts the generally accepted principles of international
    law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom,
    cooperation, and amity with all nations. (Art. II, Sec. 2, Phil. Constitution).

    CHAPTER VI
    INTRINSIC AIDS IN CONSTRUCTION AND
    INTERPRETATION
    INTRINSIC AIDS
    The term “intrinsic” means internal or within. Intrinsic aids, therefore,
    are those aids within the statute.
    Intrinsic aids are resorted to only if there is ambiguity.In resorting tointrinsic aids, one must go back to the
    parts of the statute: the title, thepreamble, context or body, chapter and section headings, punctuation,
    and interpretation.

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