I.

Preliminary Considerations
A.) Why is Latin a dead language?
The vast majority of people outside of specific religious settings no longer use
Latin on a daily basis where tradition dictates its use. It is no longer anyone's
native language. While its use is still taught, Latin is no longer considered to
be a developing language to the degree of most modern languages.
B.) Why is Latin a perfect language?
It is a perfect language since it uses perfect tense that even if
the words were interchanged the meaning or thought of the
te!t will still "e the same. Latin is also the foundation language of all
other western languages.
C.) Latin #a!ims
$.) Articles %&'( of the Civil Code of the Philippines
Art. 2. Laws shall take effect after fifteen days following the completion of
their publication in the Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such publication. (1a)
Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.
(3)
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself authorizes their validity. (4a)
Art. 6. Rights may be waived, unless the waiver is contrary to law, public
order, public policy, morals, or good customs, or prejudicial to a third person
with a right recognized by law. (4a)
Art. 7. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.
When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only
when they are not contrary to the laws or the Constitution. (5a)
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines. (n)
Art. 9. No judge or court shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws. (6)
Art. 10. In case of doubt in the interpretation or application of laws, it is
presumed that the lawmaking body intended right and justice to prevail. (n)
Art. 11. Customs which are contrary to law, public order or public policy
shall not be countenanced. (n)
Art. 12. A custom must be proved as a fact, according to the rules of evidence.
(n)
Art. 13. When the laws speak of years, months, days or nights, it shall be
understood that years are of three hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number
of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day
included. (7a)
E.) How a bill becomes a law
1. A member of the National Assembly may introduce the proposed bill to the
Secretary of the National Assembly who will calendar the same for the first
reading.
2. In the first reading, the bill is read by its number and title only.
3. After the first reading, the bill is referred by the Speaker to the appropriate
committee for study. At this stage, the appropriate committee will conduct
public hearings. Then after the public hearings, the committee shall decide
whether or not to report the bill favorably or whether a substitute bill should
be considered. Should there be an unfavorable report of the committee, then
the proposed bill is dead.
4. Upon favorable action by the committee, the bill is returned to the National
Assembly and shall be calendared for the second reading.
5. In the second reading, the bill is read in its entirety.
6. Immediately after the second reading, the bill is set for open debates where
members of the assembly may propose amendments and insertions to the
proposed bill.
7. After the approval of the bill in its second reading and at least three (3)
calendar days before its final passage, the bill is printed in its final form and
copies thereof distributed to each of the members.
8. The bill is then calendared for the third and final reading. At this stage, no
amendment shall be allowed. Only the title of the bill is read and the National
Assembly will then vote on the bill. Under the present 1987b Constitution,
after the third and final reading at one House where the bill originated, it will
go to the other House where it will undergo the same process.
9. After the bill has been passed, it will be submitted to the Prime Minister
(President) for approval. If he disapproves, he shall veto it and return the same
with his objections to the National Assembly (House where it originated), and
if approved by two-thirds of all its members, shall become a law. Under the
present set-up, if the originating house will agree to pass the bill, it shall be
sent, together with the objections to the other house by which it shall be
likewise be considered and must be approved by two-thirds of the votes. Every
bill passed by Congress shall be acted upon by the President within thirty (30)
days from receipt thereof. Otherwise, it shall become a law.
II. Statutory Construction
A.) Definition
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, among others, by reason of the fact that the
given case is not explicitly provided for in the law.
B.) Legal Hermeneutics
The systematic body of rules which are recognized as applicable to the
construction and interpretation of legal writings.
C.) Object or Purpose
All rules of construction or interpretation have for their sole object, the
ascertainment of the true intent of the legislature. The object of all judicial
interpretation of the statute is to determine the legislative intent, what intention
is conveyed either expressly or impliedly, by the language used so far as it is
necessary for ascertaining whether the particular case or state of facts
presented to the court comes within it.
D.) Significance of Statutory Construction
III. Construction and Interpretation
A.) Definitions:
Construction - Drawing of conclusions with respect to subjects that are beyond
the direct expression of the text.
Interpretation - Process of discovering the true meaning of the language used.
Ambiguity - Exists if reasonable persons can find different meanings in a
statute, document, etc.
B.) Distinguish between Constriction and Interpretation
- Construction is the drawing of conclusions with respect to subjects that are
beyond the direct expression of the text, while interpretation is the process of
discovering the true meaning of the language used.
- Interpretation is limited to exploring the written text. Construction on the
other hand is the drawing of conclusions, respecting subjects that lie beyond
the direct expressions of the text.
C.) Intrinsic and Extrinsic Aids
EXTRINSIC AIDS
- These are existing aids from outside sources, meaning outside of the four
corners of the statute. If there is any doubt as to the meaning of the statute, the
interpreter must first find that out within the statute. Extrinsic aids therefore
are resorted to after exhausting all the available intrinsic aids and still there
remain some ambiguity in the statute. Extrinsic aids resorted to by the courts
are history of the enactment of the statute; opinions and rulings of officials of
the government called upon to execute or implement administrative laws;
contemporaneous construction by executive officers; actual proceedings of the
legislative body; individual statements by members of congress; and the
author of the law. Other sources of extrinsic aids can be the reports and
recommendations of legislative committees; public policy; judicial
construction; and construction by the bar.
INTRINSIC AIDS
- The very term intrinsic means internal or within. Intrinsic aids, therefore,
are those aids within the statute .If the language of the statute is clear and
unequivocal; there is no need to resort to intrinsic aids. In resorting to intrinsic
aids, one must go back to the parts of the statute.
D.) Strict and Liberal Construction
- If a statute should be strictly construed, nothing should be included within
the scope that does not come clearly within the meaning of the language used.
But the rule of strict construction is not applicable where the meaning of the
statute is certain and unambiguous, for under these circumstances, there is no
need for construction.
-On the other hand, there are many statutes, which will be liberally construed.
The meaning of the statute may be extended to matters, which come within the
spirit or reason of the law or within the evils, which the law seeks to suppress
or correct. Liberal interpretation or construction of the law or rules, however,
applies only in proper cases and under justifiable causes and circumstances.
While it is true that litigation is not a game of technicalities, it is equally true
that every case must be prosecuted in accordance with the prescribed
procedure to insure an orderly and speedy administration of justice.
E.) Where is the Power to Construe/Interpret Laws Vested
It is the duty of the Courts of Justice 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 on the part of any branch or instrumentality of the
government. Supreme Court is the one and only Constitutional Court and all
other lower courts are statutory courts and such lower courts have the power to
construe and interpret written laws.
1.) Inherent Powers of the State
Police Power - right to oversee the police forces in the state to ensure
peoples' rights are upheld appropriately.
Power of Eminent Domain - act in which property can be seized from a
citizen with due compensation.
Power of Taxation - allows the state to determine if they will have a
state income tax and what that state income tax will be.
2.) Separation of Powers
The Doctrine of Separation of Powers is intended to prevent a
concentration of authority in one person or group or persons that might lead to
an irreversible error or abuse in its exercise to the detriment of our republican
institution. The Doctrine is intended to secure action, to forestall over action,
to prevent depotism and obtain efficiency.
3.) Judicial Power Art 8 Sec 7, 1987 Constitution
The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of the courts of justice 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 on the
part of any branch or instrumentality of the Government.
F.) Cases on Power to Construe
IV. Judicial Review and Stare Decisis
A.) Power of Judicial Review in Constitutional Questions
Requisites: Dumlao vs. COMELEC
1. The existence of an actual case or controversy;
2. Brought by the Proper Party with Locus Standi;
3. The Constitutional issue must be brought at the earliest possible
opportunity;
4. The Constitutional issue must be the Lis Mota of the Case meaning
that the same cannot be decided without the constitutional issue.
B.) Judicial Legislation
An encroachment upon legislative prerogative to define the wisdom of the
law. Fill up the gaps in the statute. Judicial legislation takes place when a court
steps in to craft missing parts or to fill in the gaps in laws or when it oversteps
its discretional boundaries and goes beyond the law to coin doctrines or
principles where none was before.
C.) Void for Vagueness
Statues or act may be said to be vague when it lacks comprehensible standards
those men of common intelligence must necessarily guess at its meaning and
differ as to its application. Statute is repugnant to the Constitution in two (2)
respects:
1. It violates due process for failure to accord persons fair notice of conduct to
avoid; and
2. It leaves law enforcers unbridled discretions.
D.) Stare Decisis et non Queita Movere (follow past precedents and do not disturb
what has been settled)
It is the doctrine that, when court has once laid down a principle, and apply it
to all future cases, where facts are substantially the same, regardless of
whether the parties and properties are the same.
E.) Art 8, Civil Code
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines.
F.) Prospective Application of Judicial Precedents
What is the reason for the prospectivity of judicial doctrines or precedents?
(1) The language of Articles 7 (2) and 8 of the Civil Code is worded in such
a way that the application thereof is prospective. Article 7 (2) the
former SHALL be void Article 8 . SHALL form part of... OR
(2) In the case of People vs Jabinal the Courts said that Decisions of the
Court though not in themselves laws are nevertheless evidence of what the
law mean, and this is the reason why under article 8 of the Civil Code
Judicial Decisions applying or interpreting the law or the constitution
shall form part of the legal system of the Philippines. Even if the doctrine
was overruled, the new doctrine should apply prospectively, and should
not apply to parties who relied on the old doctrine and acted on the faith
thereof.
It is true that the doctrine was overruled in the Mapa case in 1967, but when a
doctrine of this Court is overruled and a different view is adopted, the new
doctrine should be applied prospectively, and should not apply to parties who
had relied on the old doctrine and acted on the faith thereof. People vs.
Jabinal
V. Subjects of Construction
A.) Constitution
B.) Statues
C.) Ordinances
D.) Contracts and Wills
E.) Other issuances which have the binding force and effects of laws
VI. Laws
A.) Definitions
1.) Jural and Generic Sense - refers to the whole body or system of
law.
2.) Jural and Specific Sense refers to the body of rules and maxims.
B.) Parts of a Law
1.) Title - the heading on the preliminary part, furnishing the name by which
the act is individually known. It is usually prefixed to the statute in the brief
summary of its contents.
Art VI, Sec 26 (1):
Every bill passed by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
Purpose:
-To prevent hodgepodge/ log-rolling legislation
-To prevent surprise or fraud upon the legislature
-To fairly apprise the people, through publication of
the subjects of the legislation
-Used as a guide in ascertaining legislative intent when
the language of the act does not clearly express its
purpose; may clarify doubt or ambiguity.
2.) Enacting Clause - part of statute which declares its enactment and
serves to identify it as an act of legislation proceeding from the proper
legislative authority. Be enacted is the usual formula used to start this
clause.
3.) Preamble - prefatory statement or explanation or a finding of facts,
reciting the purpose, reason, or occasion for making the law to which it is
prefixed.
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society, and establish a
Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and secure
to ourselves and our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this
Constitution.
4.) Body or Purview - that part which tells what the law is about. The
main and operative part of the statute containing its substantive and even
procedural provisions. Provisos and exceptions may also be found.
5.) Separability Clause - That part of the Law which provides that when
any of its part(s) are declared invalid or unconstitutional, the remainder
shall remain valid and binding or continue to be in force and effect.
Two Schools of Thought:
Classical Entire law is void
Modern Divisible law.
Purpose:
There is a presumption in law that the legislature
intended the entire law to be valid and the declaration of
one or some of its provisions would invalidate the entire
law. This is also known as the principle of
INDIVISIBILTY of statutes. The inclusion of a
separability clause indicates the intention of the
legislature to make the law divisible.
Distinguish between INDIVISIBLE and DIVISIBLE STATUTES?
INDIVISIBLE statutes are those which cannot stand alone when any of its
provisions is declared invalid. DIVISIBLE statutes on the other hand are
those which can stand on their own when one or some of its provisions is
declared invalid. Even if an INDIVISIBLE statute includes a separability
clause , the declaration of any of its provisions as invalid would render the
entire statute invalid. This is illustrated by the case of Bara Lidasan vs.
Comelec.
C.) Some Classification of Laws
General applies to the whole state and operates throughout the state alike upon
all people or all of a class.
Local operation is confined to a specific place or locality (e.g municipal
ordinance)
Special relates to particular person or things of a class or to a particular
community, individual or thing.
Mandatory generic term describing statutes which require and not merely
permit a course of action.
Directory directs the doing of an act, or declares what shall be done in contrast
to a negative statute which is one that prohibits the things from being done, or
declares what shall not be done.
Remedial providing means or method whereby causes of action may be
effectuated, wrongs redressed and relief obtained.
Penal defines criminal offenses specify corresponding fines and punishments.
Curative a form of retrospective legislation which reaches back into the past to
operate upon past events, acts or transactions in order to correct errors and
irregularities and to render valid and effective many attempted acts which would
otherwise be ineffective for the purpose intended.
Permanent effective until repealed, amended or abolished.
Temporary ie: declaration of emergency powers/laws
Public general class of law which regulate relationships between the state and
the people who compose it.
Private defines, regulates, enforces and administers relationships among
individuals, associations and corporations.
Prospective applicable only to cases which shall arise after its enactment.
Retroactive - looks backward or contemplates the past; one which is made to
affect acts or facts occurring, or rights occurring, before it came into force.
General Rule: Laws shall have no retroactive effect;
Exception: unless the contrary clearly appears or is clearly, plainly and
unequivocally expressed or necessarily implied.
Exceptions to the exceptions:
VII. Aids to Construction
A.) Parts of Law
1.) Title - it sets forth the subject of the law. The title shall be resorted to
when there is a need to restrict or expand the scope of the law, as the
constitution provides that every bill passed by Congress shall contain
only one subject which shall be expressed in the Title thereof.
2.) Preamble - the preamble sets forth the facts from which the law
originated, the evils that are sought to be prevented, the problems that
are supposed to be remedied, as well as the situations that are to be
addressed or regulated by the Law. The case that best exemplifies the
use of this aid is the case of People vs. Purisima.
3.) Context To ascertain legislative intent is the statute itself taken as a
whole and in relation to one another considering the whole context of
the statute and not from an isolated part of the provision. The meaning
dictated by its context prevails. Every section, provision or clause of
the statute must be expounded by reference to each other in order to
arrive at the effect contemplated by the legislature.
B.) Grammatical Aids
1.) Punctuation Marks are separators of ideas and they are indicators of intent
to the application of the law. They are grammatical tools used to determine the
separation of thoughts from each other, and to which thought or clause a
particular phrase applies. Examples of this are the case of Florentino vs. PNB
and People vs. Subido, where the comma in the text indicated what the
intention of the author was.
2.) Words and Phrases
C.) Headnotes or Epigraphs
These are convenient indicators of the index of the statute. Although weak as
an aid to construction and interpretation, the same may nevertheless be used to
clarify an ambiguity. As indices of the law, the same may serve to particularize
the subject and thus resolve the ambiguity that may be found.
D.) Legislative Intent / Policy
The guiding light of the interpretation of a law. The policy sets forth the evils
sought to be avoided, the acts sought to be regulated and the reason for the
enactment of the law.
E.) Explanatory Notes and Legislative Debates
1.) Explanatory Notes - A short exposition of explanation accompanying a
proposed legislation by its author or proponent. Used to give effect to the
purpose or intent as disclosed in its explanatory note. It may be used as a basis
for giving a statute a meaning that is inconsistent with what is expressed in the
text of the statute.
2.) Legislative Debates - are tools of construction that show the intention of the
legislators in enacting a statute, they are resorted to in order to resolve
ambiguities, especially when a party a different meaning from the ordinary and
plain meaning of any term used in the law. Courts may avail to themselves the
actual proceedings of the legislative body to assist in determining the
construction of a statute of doubtful meaning.
F.) Legislative History and Prior Laws on which the Statute is based
Courts are permitted to prior laws on the same subject and to investigate the
antecedents of the statute involved. This is applicable in the interpretation of
codes, revised or compiled statutes, for the prior law which have been codified,
compiled or revised will show the legislative history that will clarify the intent
of the law or shed light on the meaning and scope of the codified or revised
statute.
G.) Presumptions and Implications
1.) Rule 131, Secs 1-3
Sec 1: Burden of Proof is the duty of a party to present evidence on the facts
in issue necessary to establish his claim or defense by the amount of evidence
required by law.
Sec 2: Conclusive presumptions the following are instances of conclusive
presumptions:
a.) Whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately led another to believe a particular thing
true, and to act upon such belief, he cannot, in any litigation arising
out of such declaration, act or omission, be permitted to falsify it;
b.) The tenant is not permitted to deny the title of his landlord at the time
of the commencement of the relation of landlord and tenant between
them.
Sec 3: Disputable presumptions The following presumptions are satisfactory
if uncontradicted, but may be contradicted and overcome by other evidence:
a.) That a person is innocent of crime or wrong;
b.) Too many to mention..
2.) Doctrine of Necessary Implication
That which is plainly implied form the language is much a part of it as
that which is expressed. Unavoidable inferences guide the courts in
determining legislative intent in cases where the silence of the law leaves a
vacuum or absurd application thereof. This is illustrated best by the case of
City of Manila vs. Gomez. The basis for this authority is Article 9 of the
Civil Code which provides that no judge or court shall decline to render
judgment by reason of the silence, obscurity or insufficiency of the laws.
VIII. Some well know Latin Maxims
A.) Verba legis non est recedendum (FROM THE WORDS OF THE LAW
THERE CAN BE NO DEPARTURE.)
The basic application of this rule is what is commonly known as the
PLAIN-MEANING RULE. When the words of the law are clear and
unambiguous, there is no room for Statutory Construction. The Law is to be
applied as it is and there is no room for interpretation or construction.
B.) Ratio legis est anima legis (THE REASON FOR THE LAW IS ITS
SPIRIT.)
The Latin Maxim is resorted to when a doubt occurs from reading the
words of the law. While the first rule is verba legis, when the same fails, the
reason for the law shall be sought to clarify the ambiguous provision. The
reason for the law as set forth in other parts of the statute or using extrinsic
aids will guide the courts in ascertaining the real meaning of the doubtful
provision of law.
C.) Mens legislatoris (INTENT OF THE LEGISLATORS.)
Generally refers to the legislative intent that is sought or ascertained in
statutory construction. The same may be found in numerous ways and using
various aids.
D.) Dura lex sed lex (THE LAW MAY BE HARSH BUT IT IS STILL THE
LAW.)
This has application to criminal or penal statutes that even if the law
imposes a harsh penalty courts are without discretion but to impose the
penalty prescribed for the crime or offense. This is true because the primary
duty of the courts is to apply the law, as and where it is found.
E.) Expressio unius est exclusio alterius (THE EXPRESS MENTION OF
SOME EXCLUDES ALL OTHERS.)
The law has application to enumerations contained in the law which
are exclusive. When the law provides a list and does not make reference to
others to which it applies, that list is exclusive of all others not expressly
mentioned therein.
F.) Ejusdem generis (SAME SPECIES FOLLOW)
In Statutory Construction, the term has application to cases when the
law contains an enumeration and at the end of the enumeration the words
and others or and the like are found wherein the clear intention of the law
is to include in the enumeration, other similar or analogous cases such as
those found in the enumeration. Only those which are of the same species as
those enumerated are to be regarded as included in the enumeration or falling
within its context.
G.) Cassus omissus pro omisso habendus est (WHAT HAS BEEN OMITTED
IS DEEMED TO HAVE BEEN INTENTIONALLY OMITTED.)
There are two kinds of Casus Omissus, Permissive and or
Restrictive. The first kind states that Courts are permitted to supplant the
insufficiencies of the law when clearly the legislative intent so permits, as
when a typographical error has been committed. The second kind disallows
courts from making such supplements when the clear intention was to leave
the portion omitted. This happens when the amendatory law contains a list
that is short of the amended law. The Courts will use the rule to desist from
rewriting the omitted provision into the law.
H.) Pari materia (RELATING TO THE SAME SUBJECT.)
When there are two laws covering the same subject which are
irreconcilably inconsistent with each other, one will be struck down as having
been repealed by the other. The general idea is that a later law on the same
subject repeals an earlier law. This is pursuant to the Civil Code provision
that laws are repealed only by subsequent ones (Article 7(1) Civil Code
of the Philippines)
I.) Noscitur a sociis (ASSOCIATED WORDS.)
Words of the law are to be read in its context with other
provisions. They are not to be taken as separated from each other. The
reading of the context will reveal an intention deeper than that which is
contained in the reading of a single provision or word.
J.) Ube lex non distuinguit nec nos distinguire debemos (WHEN THE LAW
DOES NOT DISTINGUISH WE SHOULD NOT.)
The rule has application to cases when the law speaks in general terms
so as not to exclude anything from its application. Courts and lawyers should
avoid making special distinctions as to certain classes as not belonging to the
application of the law when the clear intention was to apply the same
generally.
K.) Cessante rationale legis cessat ipsa lex (WHEN THE REASON OF LAW
CEASES THE LAW ITSELF CEASES.)
The reason which induced the legislature to enact the law is the heart
and spirit of the law.
L.) Salus populi est suprema lex (THE VOICE OF THE PEOPLE IS THE
SUPREME LAW.)
Social Justice is the humanization of laws and the equalization of
social and economic forces by the state so that justice in its rational and
objectively secular conception may at least be approximated. Calalang vs.
Williams
IX. Rules of Construction for Specific Laws
A.)Constitution The Court in construing a Constitution should bear
in mind the object sought to be accomplished by its adoption,
and the evils, if any, sought to be prevented or remedied.
- One provision of the Constitution is to be separated
from all the others, to be considered alone, but that all
provisions bearing upon a particular subject are to be
brought into view and to be interpreted as to efectuate
the great purposes of the instrument.
- The proper interpretation of the Constitution depends
more on how it was understood by the people adopting
it than the framers understanding thereof.
B.)Penal Laws are strictly construed against the state and in favor of the
offender/accused. So in case of doubt in the construction or interpretation of
penal laws, the same shall be ruled in favor of the accused.
C.)Tax Laws in as much as they impose special burdens upon taxpayers, they
are construed most strongly against government and in favor of the taxpayer.
Exception - Any claim for exemption from a tax statute is strictly
construed against the taxpayer and liberally in favor of the state.
Exc to the exception - (1) Exemptions of Charitable, Religious and
Educational Institutions, and; (2) Exemptions in favor of Government.
D.)Labor Laws liberally construed in favor of the labor/worker to give relief to
the workman and/or his dependents in the event that the former should die or
sustain in an injury.
E.)Rules of Court Rule 1, Sec 6, Rules of Court: These rules shall be liberally
construed in order to promote their objective of securing a just, speedy, and
inexpensive disposition of every action and proceeding.
F.)Insurance Laws and Contracts Where the terms of the policy are ambiguous,
uncertain or doubtful, they should be interpreted strictly against the insurance
company (insurer) and liberally in favor of the insured.
G.)Naturalization Laws Naturalization laws should be rigidly enforced and
strictly construed in favor of the government and against the applicant.
H.)Expropriation Laws Generally, expropriation laws since the same is
analogous to tax laws are to be strictly construed against the state and in favor
of the people. The reason for this is the nature of the power, that is,
confiscatory. The same invades the rights of the people to peaceful enjoyment
of their property. The Constitution has provided safeguards for the exercise of
the power of eminent domain that is the taking of private property must be for
public use and upon payment of just compensation. It also provides that no
person shall be deprived of life, liberty or property without due process of law.
I.)Election Laws Statute providing for election contests are to be liberally
construed to the end that the will of the people in the choice of public officer
might not be defeated by mere technical objections.
J.)Wills strictly to follow the formalities of the will. Strict compliance of its
statutory requirements.
X. Contemporary Construction
A.) Definition
Are the constructions placed upon statutes at the time of, or after their
enactment by the executive, legislative or judicial authorities, as well as by
those who involve in the process of legislation are knowledgeable of the intent
and purpose of the law.
B.) Executive Construction
1.) Quasi-Legislative / Rule Making Power
Construction by an executive or administrative officer directly called to
implement the law.
2.) Legal Opinions
Construction by the secretary of justice in his capacity as the chief legal
adviser of the government.
3.) Quasi-Judicial / Adjudicative Powers
Handed down in an adversary proceeding in the form of a ruling by an
executive officer exercising quasi-judicial power.
C.) Weight of Administrative Construction
Where there is doubt as to the proper interpretation of a statute, the uniform
construction placed upon it by the executive or administrative officer charged
with its enforcement will be adopted if necessary to resolve the doubt. True
expression of the legislative purpose, especially if the construction is followed
for a considerable period of time.
Reason:
It is entitled to great weight because it comes from the particular
branch of government called upon to implement the law thus construed.
Are presumed to have familiarized themselves with all the
considerations pertinent to the meaning and purpose of the law, and to
have formed an independent, conscientious and competent expert opinion
thereon.
XI. Amendments, Repeals and Partial Invalidities
A.) Amendments
The change or modification, by deletion, alteration, of a statute which survives
in its amended form. Authority to amend is part of the legislative power to
enact, alter and repeal laws. The amendment of a statute is effected by the
enactment of an amendatory act modifying or altering some provisions of a
statute either expressly or impliedly.
Revision - is to restate the existing laws into one statute and simply complicated
provisions, and make the laws on the subject easily found.
B.) Repeal
Is done by passing a subsequent law to make a current law totally obliterated or
partially operative.
Kinds:
Express is the abrogation or annulling of a previously existing law by
the enactment of a subsequent statute which declares that the former law
shall be revoked and abrogated.
Implied when a later statute contains provisions so contrary to
irreconcilable with those of the earlier law that only one of the two
statutes can stand in force.
Total making the entire statute inoperative.
Partial leaves the unaffected portions of the statute in force.
C.) Invalidities
1.) Unconstitutionality statutes contrary to the provisions and principles of the
Constitution.
2.) Illegality ie: municipal ordinance contrary to a national policy or statue.