Statutory Construction Chapter 4

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Statutory Construction Chapter 4
2012-08-31 00:54:26
statcon agpalo

Statutory Construction (Agpalo Book)
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  1. Interpretatio fienda est ut res magis valeat quam pereat 
    Interpretation as will give the thing efficacy is to be adopted as well as the rule that provisions on initiative should be liberally construed to effectuate their purposes, to facilitate and not to hamper the exercise by voters of the rights granted thereby.
  2. Ratio Legis
    Interpretation according to the spirit or reason of the law
  3. What is the relevance of the intent of lawmakers in statutory construction?
    If a statute is valid, it is to have effect according to the purpose and intent of lawmakers.
  4. What is the relevance of the spirit and reason of a statute?
    The court may considr the spirit and reason of a statute where a literal meaning would lead to absurdity, contradiction, injustice or would defeat the clear purpose of the lawmakers.
  5. What is the literal import of a statute?
    The literal import or meaning of a statute must yield to its apparent intent, purpose or spirit. 
  6. What is verba intentioni, non e contra, debent inservire?
    Words ought to be more subservient to the intent and not intent to the words.
  7. What is the relevance of conscience and equity in the construction of a statute.
    Conscience and equity should always be considered in the construction of a statute. The courts are not to be hedged in by the literal meaning of the language of the statute; the spirit and ntendment thereof must prevail over its letter
  8. When does the principle of what is within the spirit of the statute is within the statute itself although it is not within its letter apply?
    It applies only when there is ambiguity in the language employed in the law. Where the law is clear and free from ambiguity, the ltter of the law is not to be disregarded on the pretext of purusing its spirit.
  9. What is the key to open the door to what legislature intended which is vaguely expressed in teh language of a statute?
    It is its purpose or reason which induced it to enact the statute. If the statute needs construction, the most dominant in that process is the purpose of hte act. Statutes should be construed in the following:

    • 1. The light of the object to be achieved
    • 2. The evil or mischief to be suppressed
    • 3. They should be given such construction as will advance the object, suppress the mischief and secure the benefits intended.
  10. What if there is more than one construction to the provision of a statute?
    That construction which gives effect to the evident purpose sought to be attained by the enactment of the statute must be followed. 
  11. What should be done if a literal interpretation is unjust or leads to absurd results?
    It should be rejected. Statutes are to be construed in the light of the purposes to be achieved and the evils sought to be remedied. 
  12. Cessante Ratione Legis Cessat et ipsa Lex
    When the reason of the law ceases, the law itself ceases. 

    The reason which induced legislature to enact a law is the hear tof the law. The reason of the law plays a decisive role in its construction. 
  13. Ratio Legis est anima
    Reason of the Law is its soul. 
  14. What is a legislative omission?
    Where a literal import of the language of a statute shows that words have been omitted that should have been in the statute in order to carry out its intent and spirit, clearly ascertainable from the context, the court may supply the omission to make the statute conform to the obvious intent of the legislature or to prevent the act from being absurd.
  15. What is judicial legislation?
    The court cannot supply what it thinks the legislature would have supplied had its attention been called to the omission, as that would be judicial legislation.
  16. When can the court correct clerical errors?
    The court in order to carry out the obvious intent of the legislature may correct clerical errors, mistakes or misprints which if uncorrected would render the statute meaningless, empty or nonsensical or would defeat or impair its intended operation, so long as the meaning intended is apparent on the aface vo the whole enactment and no specific provision is abrogated. To correct the error or mistake is to prevent the nullification of the statute and give it a meaning and purpose. For it is the duty of the court to give a statute a sensible construction, one that will effectuate legislative intent and avoid injustice or absurdity.
  17. What should the court do in case of absurdities?
    Courts are not to give a statute a meaning that would lead to absurdities. 
  18. Interpretatio talis in ambiguis semper fienda est ut evitetur inconveniens et absurdum. 
    Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is to be adopted. 
  19. Ea est accipienda interpretatio quae vitio caret
    That interpretation is to be adopted which is free from evil or injustice
  20. What is the rule regarding the context of the statute?
    It is a rule in statutory construction that every part of hte statute must be interpreted with reference to the context; every part must be considered together with the other parts, and kept subservient to the general intent of the whole enactment. 
  21. What is the rule in statutory construction with regards to the Constitution?
    It is a basic precept in statutory construction that a statute should be interpreted in harmony with the Constitution. 
  22. What is the presumption on the legislature of the construction of a statute?
    Undesirable consequences were never intended by a legislative measure, and that a construction of which the statute is fairly susceptible is favored, which will avoid all objectionable, mischievous, indefensible, wrongful, evil and injurious consequences.
  23. What is the rule in construction to avoid danger to public interest?
    It is a well-established rule of statutory construction that where great inconvenience will result, or great public interest will be endangered or sacrificed, or great mischief done, from a particular construction of a statute, such construction is to be avoided. 
  24. What is the rule on construciton in favor of right and justice?
    In case of doubt in the interpretation or application of law, it is presumed that the lawmaking body intended right and justice to prevail.
  25. Jure naturae aequuum est neminem cum alterius detrimento et injuria fieri locupletiorem/ Nunguno non deue enriquecerse toritizeramente con dano de otro
    The fact that a statute is silent, obscure or insufficient with respect to a question before the court will not justify the latter from declining to render judgment thereon.
  26. What is the rule with regards to suplusage and superfluity in a statute?
    Where a word, phrase, or clause in a statute is devoid of meaing in relation to the context or intent of the statute, or where it suggests a meaning that nullifies the statute and renders it without sense, teh word, phrase, or clause may be rejected as surplusage and entirely ignored.
  27. Surplasagium non noceat
    Surplusage does not vitiate a statute
  28. Utile per inutile non vitiatur
    The ususeful vititated by the non useful
  29. What is the rule on redundant words and phrases?
    General rule: Every effort should be made to give some meaning to every part of a statute, however this rule does not impose upon the courts an impoerative obligation to give a redundant word or phrase a special significance contrary to the manifest intention of the legislature; a possible interpretation of a word or phrase which tends to defeat the whole purpose of law is to be rejected, when the use of such word or phrase may fairly and properly be treated as a mere reiteratino or repetition of other language in the statute, in itself sufficient to carry out the intent of the legislature.
  30. What is the rule on obscure or missing word or false description?
    Courts should not and cannot always be bound by the phraseology or literal meaning of a statute. They may at times disregard loose or obscure words in order to arrive at the real meaning and spirit of the statute. Lingual imperfection in the drafting of the statute shoudl never be permitted to hamstring judicial search for legislative intent, which can otherwise be discovered.
  31. Falsa demonstratio non nocet, cum de corpore constat
    False description does not preclude construction nor vitiate the meaning of the statute which is otherwise clear.
  32. What is the rule on exemption from rigid application of law?
  33. Ibi quid generaliter conceditur inest haec exceptio, si non aliquid sit contras jus basque
    Where anything is granted generally, this exception is implied, that nothing shall be contrary to law and right. 
  34. Summum jus, summa injuria
    The rigor of the law would become the highest injustice
  35. What is the rule on statutory construction on the impossible?
    The law does not require that the impossible be done. 
  36. Nemo tenetur ad impossible
    The law obliges no one to perform an impossibility
  37. Impossibilium nulla obligatio est
    There is no obligation to do an impossible thing.
  38. What is the rule on number and gender of words?
    When the context of a statute so indicates, words in plural include the singular, and vice versa.

    It is also a rule in statutory construction that in construing a statute, the masculine, but not hte feminine, includes all genders, unless the context in which the word is used in the statute indicates otherwise. 
  39. What is the doctrine of necessary implication?
    What is implied in a statute is as much a part thereof as that which is expressed. 
  40. Ex neccesitae legis
    FRom teh necessity of law. Every statute is understood, by implication to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logicaly inferred from its terms.
  41. In eo quod plus sit semper inest et minus
    The greater includes the lesser. Ever statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege.
  42. What is the principle of a remedy implied from a right or ubi jus ibi remedium
    It is a well settled principle that where there is a right, there is a remedy for violation thereof. 
  43. What is the rule on the grant of jurisdiction
    Jurisdiction to hear and decide cases is conferred only by the Constitution or by statute. It cannot be conferred by the Rules of Court. 
  44. What may be implied from the grant of jurisdiction
     The grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ all writs, processes, and other means essential to make jurisdiction effective. 
  45. What is incidental power?
    Where a general power is conferred or duty enjoined, every particular power necessary for the exercise of one or the performance of the other is also conferred. The officer in whose favor general power is conferred may thus exercise such incidental powers or perform such acts that are necessary to ake the power considered effective. 
  46. What is subdelegation of power?
    The power conferred by law upon an administrative officer to issue rules and regulations to carry out the purposes of the statute he is called upon to execute includes the authority to delegate to a subordinate officer the performance of a particular function, absent any express or implied provision to the contrary. 
  47. What is the principle of grant of power?
    The principle that the grant of pwer includes all incidental powers necessary to make the exercise thereof effective implies the exclusion of those which are greater than that conferred. 
  48. What is the rule on implied powers that are against the law?
    The statutory grant of power does not include such incidental power which cannot be exercised without violating the constitution, the statute conferring the power, or other laws on the same subject. While the power to appoint ordinarily carries with it the power to suspend or remove, the constitutional restriction against suspension or removal of civil service employees except for cause as provided by law precludes such implication, unless the appointment is made outside the civil service law.
  49. What is the rule on the authority to chardge against public funds?
    Unless a statute expressly so authorizes, no claim against public funds may be allowed. A statute may not be so construed as to authorize, by implication, a charge against public funds. 
  50. What is the rule on the illegality of act implied from prohibition?
    Where a statute prohiits the doing of an act, the act done in violation thereof is by implication null and void. The prohibited act cannot serve as a foundation of a cause of action for relief. 
  51. Ex dolo malo non oritur actio
    No man can be allowed to found a claim upon his own wrongdoing or inequity
  52. Nullus commodum capere potest de injuria sua propria
    No man should be allowed to take advantage of his own wrong. 
  53. In Pari delicto potior est conditio defedentis`
    You cannot come to court with guilty hands
  54. Exceptions to in pari delicto
    1. It will not apply when its enforcement or appplication will violate an avowed fundamental policy or public interest

    2. When the transaction is not illegal per se but merely prohibited and the prohibition by law is designed for the protection of one party, the court may grant relief in favor of the latter.
  55. What is the rule on what cannot be done directlly?
    What the law prohibits cannot in some other way be legally accomplished.
  56. Quando aliquid prohibetur ex directo, prohibetur et per obliquum
    What cannot by law be done directly, cannot be done indirectly
  57. What is the rule on compliance with law?
    There shall be no penalty for compliance with law.