qUIZ 3 Flashcards
What is the definition of Construction in the context of statutory interpretation?
The drawing of conclusions with respect to subjects that are beyond the direct expression of the text. It involves inferring meaning in areas not directly addressed.
What is the definition of Interpretation in the context of statutory interpretation?
The process of discovering the true meaning of the language used. It is limited within the four corners of the written text. It focuses on the explicit meaning of the words.
What are Rules of Statutory Construction?
Tools used to ascertain or clarify legislative intent. They are guidelines used by courts and legal professionals to determine how the law should be applied.
What are Aids to Construction? When are they used?
Legitimate aids that the court may avail itself of to ascertain the true intent of a statute when its meaning is ambiguous.
What are Intrinsic Aids to construction?
Those aids found in the printed page of the statute itself
Give examples of Intrinsic Aids to construction.
Title of the Statute, Preamble, Context of whole text, Punctuation Marks, Capitalization of Letters, Headnotes, headings or Epigraphs, Lingual text.
Why is the Title of the Statute considered an intrinsic aid?
It carries weight because of the Constitutional requirement that every bill must embrace only one subject which shall be expressed in the title thereof.
How can the Preamble serve as an intrinsic aid?
It states the purpose, reason or justification for the enactment of the law and may be resorted to clarify ambiguity.
Why is the Context of the whole text important as an intrinsic aid?
Legislative intent should be ascertained from a consideration of the whole context of the statute and not from an isolated provision. Words, phrases, sentences, and sections should be taken as a whole and in relation to one another.
How are Punctuation Marks used as an intrinsic aid?
If the punctuation gives the statute a meaning which is reasonable and in apparent accord with the legislative will, it may be used as additional argument for adopting the literal meaning of the words as punctuated.
What is the significance of Lingual text as an intrinsic aid in the Philippines?
Philippine laws are officially promulgated either in English, Spanish, or Filipino. The English text shall govern, but in case of ambiguity, omission or mistake, Spanish may be consulted to explain the English text.
What are Extrinsic Aids to construction?
Extraneous facts and circumstances outside the printed page of the statute.
Give examples of Extrinsic Aids to construction.
Legislative debates, views and deliberations (except when irrelevant), Legislative history, President’s message to legislature, Explanatory notes, Reports of commissions, Change in phraseology, Principles of common law, Conditions at the time of enactment.
What is Strict Construction?
Interpretation “to the letter… which recognizes nothing that is not expressed”. It “takes the language used in its exact meaning and admits no equitable consideration”.
Give examples of statutes subject to Strict Construction.
Penal statutes, Statutes in derogation of rights, Statutes authorizing expropriations, Statutes granting privileges, Legislative grants to local government units, Statutory grounds for removing officials, Naturalization laws, Statutes imposing taxes and custom duties, Statutes granting tax exemptions, Statutes concerning the sovereign, Statutes authorizing suits against the government, Statutes prescribing formalities of will, Exceptions and provisos.
What is Liberal Construction?
An “equitable construction as will enlarge the letter of the statute to accomplish its intended purpose, carry out its intent or promote justice”.
Give examples of statutes subject to Liberal Construction.
General social legislation, General welfare clause, Grant of power to local governments, Statutes granting taxing power, Statutes prescribing prescriptive period to collect taxes, Statutes imposing penalties for nonpayment of taxes, Election laws, Amnesty proclamations, Statutes prescribing prescriptions of crimes, Adoption statutes, Veteran and pension laws, Rules of Court, Curative statutes, Redemption laws, Instruments of credit, Probation law.
How are Penal Statutes construed?
Strictly against the state and liberally in favor of the accused. They define crimes, treat of their nature, and provide for their punishment.
How are Remedial Statutes construed?
Liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.
How are Tax Statutes construed regarding the imposition of taxes?
In case of doubt, tax statutes must be construed strictly against the government and liberally in favor of the taxpayer.
How are Tax Statutes construed regarding claims for tax exemption?
Any claim for exemption from a tax statute is strictly construed against the taxpayer and liberally in favor of the state.
What are Mandatory Statutes?
Statutes that command either positively that something be done, or performed in a particular way, or negatively that something NOT be done, leaving the person concerned no choice on the matter except to obey. They often contain words of command or prohibition like “shall,” “must,” “ought,” “should,” “cannot,” and “shall not”.
What are Directory Statutes?
Permissive or discretionary in nature and merely outline the act to be done. Generally, no injury can result from ignoring them, or their purpose can be accomplished in a manner other than that prescribed.
What are Prospective Statutes?
Statutes that operate upon facts or transactions that occur after the statute takes effect. They look and apply to the future.
What are Retroactive Statutes?
Statutes that create a new obligation, impose a new duty, or attach a new disability with respect to a transaction already past.
List the levels of the Philippine Court System.
Supreme Court, Court of Appeals, Court of Tax Appeals, Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, Municipal Circuit Trial Court.
According to the 1987 Philippine Constitution, what is the power of the Supreme Court and lower courts?
To settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction.
What is the primary duty of the courts?
To apply the law. The majority of laws need no interpretation or construction and require only application if the law is clear and unambiguous.
Can the courts pass upon a constitutional question or decide a statute to be invalid?
As a general rule, courts will not pass upon a constitutional question or decide a statute to be invalid unless that question is raised and is necessary to a determination of the case.
What can the court do in construing a statute? (List at least three)
- Ascertain the true intent of the statute. 2. Resort to all legitimate aids to construction - intrinsic and extrinsic aids. 3. Depart from the language of the statute if by so doing, the legislative purpose could be carried out. 4. Correct clerical errors, mistakes or misprints. 5. Issue guidelines in applying the statute.
What can the court NOT do in construing a statute? (List at least three)
Speculate as to the intent of the law. 2. Supply a meaning not found in the phraseology of the law. 3. Assume a purpose not expressed in the statute. 4. Change the meaning of the law, especially if it defeats the purpose. 5. Rewrite the law or exercise judicial legislation. 6. Interpret into a law a requirement which the law does not prescribe. 7. Enlarge the scope of the statute.
When could a statute be incapable of interpretation or construction?
If the statute fails to express a meaning or if conflicts/absurdity in the law cannot be reconciled.
What happens when a statute is incapable of interpretation or construction?
The statute becomes inoperative. Courts do not have the authority to rewrite statutes; statutes must be applied as written.
When is a judicial interpretation set aside?
Upon the enactment of a new statute that modifies or amends the former law.
What is the Presumption of Validity?
All statutes are presumed valid except if it appears that the statute violates the Constitution
What is the Presumption of Constitutionality?
Laws are presumed constitutional. To justify nullification of law, there must be a clear and unequivocal breach of the constitution.
What is the Presumption Against Implied Repeals?
Repeal of a law by a later statute is not favored unless two laws are absolutely incompatible, there is irreconcilable inconsistency, or repugnancy exists between the new and old laws.
Explain the principle that statutes should be construed as a whole.
The intent of the statute should be ascertained from the statute taken as a whole, and conflicting provisions should be reconciled and harmonized. It is not presumed that the legislature intended a statute with conflicting provisions.
Explain the principle that statutes should be construed in harmony with the Constitution.
This emphasizes the doctrine of constitutional supremacy. If a law or contract violates any norm of the constitution, that law or contract is null and void.
What are statutes “in pari materia”? How are they construed?
Statutes that relate to the same subject matter, or to the same class of persons or things, or have the same purpose or object. Statutes in pari materia are to be construed together.
Explain the difference between General and Special Statutes and how they are construed if irreconcilable.
General Statutes treat a subject in general terms, while Special Statutes treat a part of the same subject in a particularly detailed manner. If both are irreconcilable, the general statute must give way to the special statute as an exception. This is known as generalia specialibus non derogant.
What are Reference Statutes?
Statutes that refer to other statutes and make them applicable to the subject of legislation.
What are Supplemental Statutes?
Statutes intended to supply deficiencies in an existing statute and to add, complete, or extend the statute without changing or modifying its original text.
What are Reenacted Statutes? How are they construed?
Statutes in which the provisions of an earlier statute are reproduced in the same or substantially the same words. In construing reenacted statutes, courts should take into account prior contemporaneous construction.
What are Adopted Statutes?
Statutes patterned after, or copied from a statute of a foreign country.
