Chapter 1: Preliminary Considerations Flashcards
What is that branch of the law dealing with the interpretation of laws enacted by the legislature?
STATUTORY CONSTRUCTION
What makes JUDICIAL LEGISLATION different from STATUTORY CONSTRUCTION?
JUDICIAL LEGISLATION involves excisions of parts of the law that may result to a change in the manifest intent of the act by broadening the scope of the law.
Which comes first, INTERPRETATION or CONSTRUCTION? Why?
Interpretation comes first as it involves the scrutiny of the language used in the statute. Should the analysis of the form/words fail to shed light on the true meaning and intention of the authors in making the law, then the court will proceed to subject the statute to construction.
When is the court not obliged to interpret or construe the law?
When the law speaks in clear and categorical language
When does the court interpret the law?
When there is ambiguity in the language of the statute
When does the court construe the law?
When the intent of the legislature cannot be ascertained by merely making use of intrinsic aids (scrutiny of the language/words used)
What is the purpose of CONSTRUCTION and INTERPRETATION?
To ascertain and give effect to the legislative intent
What branch of the government does construction and interpretation of laws belong?
The Judiciary
OR
The Judicial Department
Can courts declare legislative measures or executive acts unconstitutional? Cite an example.
Yes. An example would be the declaration of the Development Assistance Program (DAP) unconstitutional.
When is it necessary to interpret and construct?
1) When the language of the statute is ambiguous, doubtful, or obscure
2) When reasonable minds disagree with the meaning of the language used in the statute
What is the duty of the court when the law speaks in clear and categorical language?
Apply the law, not interpret it.
What is STATUTORY CONSTRUCTION?
Statutory construction is the art or process of discovering and expounding on the meaning and intention of the authors of the law with respect to its application in a given case.
What are the two (2) requisites for the courts to interpret and construe the laws?
1) There must be an actual case or controversy filed.
2) There is ambiguity in the law involved.
What is AMBIGUITY?
A condition of admitting two or more meanings
OR
A condition of being understood in more than one way
What are the three cardinal rules when the wordings of the constitution are subject to interpretation?
1) VERBA LEGIS
2) RATIO LEGIS EST ANIMA
3) UT MAGIS VALEAT QUAM PEREAT
What is VERBA LEGIS?
It means that whenever possible, the words used in the constitution must be given their ordinary meaning, except where technical terms are employed.
What is RATIO LEGIS EST ANIMA?
In case of ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers.
What is UT MAGIS VALEAT QUAM PEREAT?
It means that the constitution must be interpreted as a whole.
What is DURA LEX SED LEX?
It means that no matter how harsh the law may be, it should be applied.
“The law may be harsh, but it is the law.”
What is the first and fundamental duty of the Courts?
To apply the law
What is hermeneutics?
It is the science or art of construction and interpretation.
What is legal hermeneutics?
It is the systematic body of rules applicable to the construction and interpretation of legal writings.
What are the six (6) types of interpretation?
1) Close
2) Liberal/Extensive
3) Extravagant
4) Restricted/Limited
5) Unrestricted/Free
6) Predestined
What is CLOSE INTERPRETATION?
It is generally called “literal” interpretation, as the narrowest meaning of the words are adopted.
