Chapter 1 Flashcards
What is Statutory Contract
the art or process of expounding and discovering the meaning and intention of the author of the law, with respect to its application to the given case, where that intention is rendered doubtful, among other by any reason of a fact that the given case is not explicitly provided for in the law
What is construction
is the drawing of conclusions with respect to subjects that are beyond the direct expression of the text
what is interpretation
is the process of discovering the true meaning of the language used.
difference between construction and interpretation
Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text.
the difference between law and statutes
The statute is a legal document of a legislature/law that declares, proscribes, or commands something; a specific law, expressed in writing. On the other hand, the law is the system of rules and regulations, formulated and enforced by the administrative authority of a society/country with the intention of regulating human behavior for the common good.
situs of law: who interprets the law?
- Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.)
Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws.
what are the requisites of statutory
- There must be an actual case or controversy,
- There is ambiguity in the law involved in the controversy.
Ambiguity exists if reasonable persons can find different meanings in a statute, document, etc.
A statute is ambiguous if it is admissible of two or more possible meanings.
If the law is clear and unequivocal, the Court has no other alternative but to apply the law and not to interpret.
what is statute law
it includes not only statute but also the judicial interpretation and application of the enactment
what is a bill
the draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses.
what is an act
is the appropriate term for it after it has been acted on and passed by the legislature.
what is a statue
. It then becomes a statute, the written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of the state.
THE DIRECTOR OF LANDS, vs
COURT OF APPEALS, what are the facts
Facts: teodoro Abistado filled a petition for its original registration of his land, however during the pendency of his petition he died. Hence the heirs are represented by Jsefa Abstado, the aunt or guardian.
The the land transportaton court dismissed the petion for the jurisdiction of the land, however it found that the applicants are in peaceful and exclusive possession of the land.
But records shows the petitioners failed to publish the initial hearing in the general circulation and only published in official gazette. The CA reversed the decision of rtc as publication is just mere procedural and they are not deprive of their right on the land.
THE DIRECTOR OF LANDS, vs
COURT OF APPEALS, what are the issue and ruling
whether or not the land registration can confirm the registry of the title in the absence of publication.
The SC ruled the decision of the RTC, the petition is dismissed as the respondents failed to comply with the legal requisites. The SC highlighted the shall in prescribing the mandatory publication of initial hearing and if the law is clear, it not susceptible with interpretation only for application.
Case of Barcellona vs Banas facts
Banas is an heir and owner of a land in Boracay adjoing of ownership with Medina. They agreed that Medina will sell the land to Banas, however Medina sold the property to Barcellona. Medina argued that Banas failed to pay the redemption amounting 60000. Hence, Banas filled a action to redeem the property on RTC but RTCdismissed it, and finally Banas filled a petition on CA reversing the decision of RTC, that she has theer right to clain the property.
barcellona vs banas
w/n the decision of RTC to deny banas of redemption is valid.
the SC dened the petition of Barcellona, and affirmed the decision of CA. . ‘The respondent Bañas has a perfect right of redemption and was never in danger of losing such right even if there was no redemption complaint filed with the barangay, no tender of payment or no consignation’.
“It has been repeatedly declared by this court that where the law speaks in clear and categorical language, there is no room for interpretation. There is only room for application.”
