Second Discussion Flashcards
What is the presumption regarding the validity of a statute?
Every statute is presumed valid. To declare a law unconstitutional, its inconsistency with the Constitution must be clear and unambiguous.
What are the roles of the courts in determining the constitutionality of a law?
The trial court has jurisdiction to initially decide the constitutionality of a law. The Supreme Court en banc has the final authority to declare a law unconstitutional.
What are the requisites for the exercise of judicial power?
- There must be an actual case or controversy.
- The question of constitutionality must be raised by the proper party.
- The constitutional question must be raised at the earliest possible opportunity.
- The decision of the constitutional question must be necessary to the determination of the case itself.
What are the grounds for declaring a statute unconstitutional?
A statute may be declared unconstitutional because:
1. It is not within the legislative power to enact.
2. It infringes constitutional principles.
3. Its purpose or effect violates the constitution.
4. It is vague.
What are the tests for the validity of an ordinance?
An ordinance must NOT:
1. Contravene the constitution or any statute.
2. Be unfair or oppressive.
3. Be partial or discriminatory.
4. Prohibit but may regulate trade.
5. Be unreasonable.
6. Must be general and consistent with public policy.
What are the effects of unconstitutionality of a statute?
An unconstitutional act:
1. Confers no rights.
2. Affords no protection.
3. Imposes no duties.
4. Creates no office.
5. Is inoperative as though it had never been passed.
6. Presumed to be valid prior to its declaration of nullity
What are the two views on the effects of a declaration of unconstitutionality of a statute?
- Orthodox View: an unconstitutional law confers no right, is not a law, imposes no duties, affords no protection; in legal contemplation, it is inoperative, as if it had not been passed.
- Modern View: The court simply refuses to recognize it and determines the rights of the parties as if the statute had no existence. The parties to the suit are concluded by the judgment, but no one else is bound.
What is the general rule regarding partial invalidity of a statute?
If part of a statute is void or inconsistent with the Constitution, while another part is valid, the valid portion may stand and be enforced if separable from the invalid.
When do laws take effect?
Laws take effect 15 days following the completion of their publication in the Official Gazette, unless otherwise provided. All laws or statutes, including those of local application and private law, shall be published as a condition for their effectivity
What does “completion of publication” refer to?
It refers to the date of release of the Official Gazette or newspaper for circulation, not to its date, unless the two dates coincide.
How is time computed when a specified number of days is given?
“Ten (10) days, from notice” means 10 calendar days and not working days.
What is statutory construction?
It is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful.
What is the duty of courts regarding the law?
Courts must apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. Where the law speaks clearly, there is no room for interpretation
What is the plain meaning rule (Verba Legis)?
It is the presumption that the words employed by the legislature in a statute correctly express its intention or will, precluding any construction.
What is legislative intent?
It is the essence of the law, composing the purpose and meaning of the law, and the spirit of the law. The primary source of legislative intent is the statute itself.
What is a bill?
A bill is a proposed legislative measure introduced by a member of Congress for enactment into law
Where must particular bills originate?
articular bills must originate from the House of Representatives, including appropriation bills, tariff or revenue bills, and bills authorizing the increase of public debt
What is invalidity due to a change of conditions?
A statute can become invalid due to changes in circumstances that make its continued operation violate the Constitution. The declaration of its nullity should affect only the parties involved in the case and its effects applied prospectively.
How is time computed if the last day for an action falls on a Sunday or legal holiday?
The act can still be done the following day. This applies to actions like filing pleadings in courts or the hearing of cases, but not to the computation of the period of prescription of a crime.
How is the term “week” understood in legal contexts?
It means a period of seven consecutive days without regard to the day of the week from which it begins.
How is a “year” defined in legal terms?
A year is composed of 12 calendar months.
How is a “month” defined in legal terms?
A month is 30 days, except if the months are designated by their name.
How are “daytime” and “night” defined?
Daytime is from sunrise to sunset, and night is from sunset to sunrise.
What is the “exclude-the-first and include-the-last day” rule?
It governs the computation of a period
When is publication not required for presidential issuances?
Presidential issuances that are merely interpretative or internal in nature and do not concern the public do not require publication
What is ambiguity in the context of statutory construction?
It is a condition of admitting two or more meanings and being understood in more than one way.
What is the difference between “construction” and “interpretation” in statutory analysis?
Construction draws warranted conclusions beyond the language of the written text, while interpretation is limited within the four corners of the written text
What branch of government has the power to construe laws?
Construction is a judicial function
