Statutory Construction Fundamentals Flashcards
This is a branch of science which establishes the principles as well as rules of interpretation and construction of written laws.
LEGAL HERMENEUTICS
The application of the principle and rules of hermeneutics
EXEGESIS
The interpretative interpretation by officers, administrative
agencies, department heads and others officially charged with the duty of administering or enforcing a statute carries great weight in determining its operation. though often accepted by the judiciary, however, is not binding upon the courts.
EXECUTIVE CONSTRUCTION
Is to ascertain the meaning and intention of the legislature so that the same may be enforced.
STATUTORY CONSTRUCTION
This will not be enlarged beyond the actual signification of the words used or extended beyond the limits which the words themselves actually set.
EXCEPTIONS IN THE LAWS
Courts should not incorporate matters not provided in the law
JUDICIAL RULING
The objective footprints left on the trail of legislative enactment.
LEGISLATIVE INTENT
This gives effect to the intent of the law and is in keeping with the modern trend of similar statutes should be followed
INTERPRETATION
Is deemed enacted pursuant to the legislative policy embodied in prior statutes relating to the same subject matter. When the
legislature enacts a provision, it is understood that it is aware of previous statutes relating
to the same subject matter and that in the absence of any express repeal or amendment
therein, the new provision should be deemed enacted pursuant to the legislative policy embodied in the prior statutes.
STATUTORY PROVISION
Doubtfulness, doubleness of meaning, or indistinctness or uncertain of meaning of the expression used in a written instrument
AMBIGUITY
It is ambiguous where
some of the words used therein may refer to several objects and the manner of their use
does not disclose the particular object to which the words refer.
STATUTE
Is the body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. It is the fundamental law of the
land to which all other laws must conform.
CONSTITUTION
Is not the origin of private rights, it only recognizes and declares the inherent rights of pre-existing rights and prerogatives of a free people; it sets up the governmental
machinery.
Is permanent in character while statutes are tentative, of temporary expedients.
CONSTITUTION
Former lays down the general principles and the foundation of government whereas the
latter has to set in detail its purpose or subject matter of which it treats
STATUTE
Series of prescriptions setting forth the fundamental civil
and political rights of the citizens with correlative limitations on the power of
government as a means of securing the full enjoyment of those rights.
CONSTITUTION OF LIBERTY
Set of provisions setting up the governmental framework.
CONSTITUTION OF GOVERNMENT
Prescribing the procedure for amending the constitution
CONSTITUTION OF SOVEREIGNTY
One whose provisions have not been reduced to writing and formally embodied in a single document. Consists largely of mass of customs, usages
and judicial decisions together with a few legislative enactment of a fundamental character
UNWRITTEN
Provisions of which are embodied in a single formal document or set of documents. It is a product of a deliberate effort to lay down the fundamental principles in accordance with which the government shall be organized and conducted.
WRITTEN
One whose origin lies mainly in customs, common law, judicial
decisions, and the like. It is the product of evolution and growth rather than of
deliberate and formal enactment.
CUMULATIVE
One which has been formulated ether by constitutional convention or by a royal proclamation
CONVENTIONAL
Legally stands over and above ordinary laws and which may be amended only through proceedings different from ordinary legislative proceedings.
RIGID
Maybe amended anytime thru ordinary legislative proceeding
FLEXIBLE
Is the written will of the legislature solemnly expressed according to the forms necessary to constitute a law of the state. It is the expression of the public will and mandate of the people acting thru their representatives.
STATUTES
Refers to judicial interpretation and application of the statutes
STATUTE LAW
Nothing becomes a law simply because men who possess the legislative power will enact
it. To become a law, a bill must be acted upon by a validly constituted body in a prescribed manner or procedure.
ENACTMENT OF STATUTES
One Subject Expressed in a title of the Bill
- To avoid log rolling
- To prevent surprise or fraud upon the legislature
- To fairly apprise the people of the subjects of legislation being considered so that they may have the opportunity of being heard thereon, if they shall so desire.
Announces the subject of the Bill
TITLE
Explains the reason for the enactment and the objects sought to be
attained thereby
PREAMBLE
Identifies the Bill as an act of legislation by expressing the
clause does not invalidate a statute unless there is an express constitutional
requirement.
ENACTING CLAUSE
Embodying the right or remedy provided for
BODY
That portion which provides for the time when the law shall
take effect.
DATE OF EFFECTIVITY
Is one which affects all of the people of the state or all persons or things of a particular class. It operates equally to all persons in the same
category
GENERAL LAWS
Relates to either particular persons or things, or to particular
persons or things of a class or which operates in a portion of a class instead of all
classes.
SPECIAL LAWS
Operate over a particular locality instead of over the whole territory of
the state.
LOCAL LAW
Concern the interest of the public at large. Applies to the entire territory, to all people
PUBLIC LAWS
Concerns and affects particular individual
PRIVATE
One which is expressed in an affirmative terms.
AFFIRMATIVE STATUTE
One which is expressed in the negative terms-terms of
prohibition
NEGATIVE STATUTE
Anticipates the regulation of future conduct
PROSPECTIVE STATUTE
Affects acts already committed and operates on transactions
completed
RETROSPECTIVE
If non-compliance therewith renders the proceedings to which it relates null and void
MANDATORY
If non-compliance therewith does not invalidate the proceedings to
which it relates.
DIRECTORY
Which afford remedy, or improve or facilitate existing remedies for the
enforcement of right and of redress of injuries
REMEDIAL
Which impose punishment for the violation of its provisions
PENAL STATUTES
Are enacted to cure defects in prior or to validate legal
proceedings, instruments, or acts of public authorities which without such statutes would otherwise be void for want of conformity with certain existing legal requirements. They are called legalizing act
CURATIVE STATUTES
One which operation or effectivity is not limited to some
particular term or period, but continues in force until repealed or amended
PERMANENT STATUTE
Whose operation or effectivity is limited to a fixed period or
term. IT continues in force up to the expiration of said period or term, unless
earlier repealed or amended
TEMPORARY STATUTE
Which purports to be independent of existing statutory provision
ORIGINAL STATUTE
One which revokes or terminates another statute. However, only when it specifically and exclusively purports to repeal a former statute will
the courts consider it repealing for constitutional purposes
REPEALING STATUTE
Which expressly adds to or supplements, or works out an
improvement in the original law. Strictly speaking it is an independent statute
AMENDATORY STATUTE
Are those which allow certain acts or omission especially
those of injurious of the rights of others
PERMISSIVE STATUTE
Those which forbid the doing of certain things which are
injurious to the public
PROHIBITIVE STATUTE
Those which command the doing of certain things and at
the same time prescribe the manner or form of performance
PRECEPTIVE STATUTE
Is a re-enactment of the whole body of positive law
Process of codification- revision of previously enacted legislation, with elimination of
repealed laws, inclusion of proper amendments and the systematic arrangement of the
laws by subject matter
CODE
Those of a state which are adopted wholly or in part by another state; they are enacted as statutes of the adopting state
ADOPTED STATUTES
Are pre-existing statutes which are passed by the same
legislature which originally enacted them in the same terms or in substantially the
same language and for the same purpose and object as the original statute.
RE-ENACTED STATUTE
Is a systematic arrangement of all the statutes of a state, published to
facilitate the discovery of the law. It does not include revision nor amendment nor repeal, it
is limited to the mechanical work of arrangement
COMPILATION
or interpretative statute is one passed for the purpose of clarifying any ambiguity in the statements o the law which the legislature determines to be
inaccurate. It expounds the true meaning and intent of a prior legislative act
DECLATORY STATUTES
Enactment of the legislature employed either to express
sentiments or opinions, or to carry out the internal affairs of the legislative body,
or to make temporary laws, or to establish procedures for constitutional
amendments. It is generally formal and therefore less authoritative expressions
of legislative purpose
are not laws, since laws refer to those legislative enactments which operate
on all persons in society and must be enforced by the legislative dept and sustained by the judiciary. In a limited sense however, resolutions have the effect of law, as where the operation of certain statutes may be conditioned on or terminated by the adoption of concurrent resolutions
RESOLUTION
Is an act passed by a municipal in the exercise of its law-making
authority
ORDINANCE
A simple resolution but passed by both chambers of the
legislature. It performs the same functions as the ordi-to anary simple resolutions, except that it reflects the opinion of the entire legislative body, instead of the opinion of only one chambeR.
CONCURRENT RESOLUTION
Is a formalized motion passed by a majority of a single
legislative chamber. It usually used to create special committees, to express
recognition for meritorious services, to extend sympathy on the death of a
member, and to express opinions to another governmental body. It is also used
to establish rules governing internal affairs
SIMPLE RESOLUTION
Is very similar to statutes. It undergoes the same process as a bill towards its enactment. Unlike a concurrent resolution, this
passes thru greater procedural safeguards and delays calculated to insure the
expression of a more sober judgment.
JOINT RESOLUTION
which limits the operation of a statute to such facts and causes
arising after its enactment
PROSPECTIVE INTERPRETATION
Which holds or states the Statute to be applicable or
governing transactions or states of facts wholly completed prior to its enactment
RETROSPECTIVE INTERPRETATION
When the words of a Statute are clear and unambiguous,
they must be held to mean what they plainly express
LITERAL CONSTRUCTION
The process whereby the words of the statutes are arrested from their plain and obvious meaning and made to bear an entirely
different meaning for the purpose of avoiding absurd or unjust result
ARTIFICIAL OR STRAINED CONSTRUCTION
This is refers to an opinion written by an appellate judge or SCJ who DISAGREES with the majority opinion in a given case.
DISSENTING OPINION
This refers to an opinion that AGREES with the majority opinion but does not agree with the rationale behind it ( partly or wholly). Instead of joining the majority, this were judge that will write a separate opinion describing the basis behind their decision.
CONCURRING OPINION
This is that part of a court decision which contains the judgement or resolution of the issues subject of the comlaint or petition. It usually appears as the very last paragraph in a deicsino as in “ Petition is hereby dismissed for lack of merit”, or “ wherefore, the petition is granted”, or “We rule that the…”
DISPOSITIVE PORTION
This is the fundamental to the philippine legal system . In judicial decisions, the majorityopinion represents the collective judgement of the court and is considered binding on lower courts. Thid principle ensures consistency and predictability in the application of the law.
PRINCIPLE OF MAJORITY RULE
One which exempts special things out of he general things mentioned in the enactment.
Saving clause
