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LEGAL RESEARCH

STAT CON V.2.0


(REVIEWER)
LEGAL RESEARCH
-

process of finding laws, rules and regulations that govern activities in human
society.
Involves locating both laws and rules which are enforced by the state and the
commentaries which explain or analyze these rules.
Defined as the investigation for information necessary to support legal
decision making.

NECESSITY FOR LEGAL RESEARCH


A lawyer is required to provide competent representation to a client.
Competent representation requires the legal knowledge, skill, thoroughness and
preparation reasonably necessary for the representation. Clearly, a lawyer must be
able to research the law to provide competent representation.

SOURCES OF LEGAL RESEARCH


Legal research involves the use of a variety of printed and electronic sources.
Printed sources:
Constitution
Statutes
Court decisions
Administrative rules
Scholarly commentaries
Computer databases containing these and other materials have dramatically
changed the nature of legal research and improved its effectiveness.

SOURCES OF LAWS
I.

PRIMARY SOURCES recorded laws and regulations enforced by the state


which are primary binding authority
A. First major primary sources laws enforced by the state
Ex: constitution, codes, statutes, legislative actions
B. Second major primary sources judicial decisions or decisions of
court form part of the Philippine legal system
C. Third major primary sources administrative law or the regulations
and decisions of government agencies.

II.

SECONDARY MATERIALS publications which are not primary authority but


which discuss or analyze legal doctrine.
Ex. Treaties, commentaries, encyclopedias

III.

FINDING TOOLS
Our legislative, executive and judicial branches of government have been
enacting and promulgating codes, statutes, rules, regulations and court
decisions and these have grown into a large body of law. The researcher
therefore needs search materials or finding tools in order to locate these legal
sources.
EX: SCRA Quick Index-Digests, PHILJURIS, LEX LIBRIS

4 BASIC STEPS OF LEGAL RESEARCH


1.
2.
3.
4.

Identify and analyze the significant facts


Formulate the legal Issues to be researched
Research the issues presented
Update

1. Identify and Analyze the Significant Facts


The TARP Rule is a useful technique to analyze your fcts according to the
following factors:
T Thing or subject matter
A Cause of Action or group of defense
R Relief sought
P Persons or parties involved
2. Formulate the Legal Issues to be Researched
This is the initial intellectual activity that presumes some knowledge of the
substantive law. The goal is to classify or categorize the problem into general, and
increasingly specific, subject areas and to begin to hypothesize legal issues.
3. Research the Issues Presented
After the facts have been analyzed and the issues have been framed, it is time
to begin researching the first issue:
a. Organize and plan
b. Identify, read, and update all relevant constitutional provisions, statutes, and
administrative regulations
c. Identify, read, and update all relevant case law
d. Refine the search
4. Update

Law changes constantly. Our Congress passes new statutes and modify old
ones. Our Supreme Court either refines the law or reaffirms the law or even
changes the interpretation of the law.

ARTICLE 7 OF THE NEW CIVIL CODE


WHAT SHALL GOVERN OVER ANOTHER IN CASE OF INCONSISTENCY?
(HIERARCHY)
CONSTITUTION
STATUTES
ADMINISTRATIVE OR EXECUTIVE ORDERS, ACTS AND
REGULATIONS

KINDS OF REPEAL
Express if the law expressly provides for the specific law or title of
the law which will be abrogated by the enactment of the new law
Implied when the provisions of the subsequent law are incompatible
or inconsistent with those of the previous law
REQUISITES OF IMPLIED REPEAL
Laws cover the same subject matter
Latter is repugnant to the earlier
RULES ON THE REPEAL OF LAWS
If the old law is expressly repealed and repealing law is repealed: the
Old law is not revived
If the old law is impliedly repealed and repealing law is repealed: the
old law is revived

LAW
Rule of conduct, just and obligatory, promulgated by the legitimate authority
for common observance and benefit

STATUTE
Written will of the legislature, expressed in the form and passed according to
the procedure, required to constitute it as part of the law of the land

CLASSIFICATION OF LAWS
a. As to Nature
Penal defines criminal offenses and specify corresponding fines
and punishments
Remedial provides means or method whereby causes of action
may be effectuated, wrongs redressed and relief obtained

Labor governs the rights and duties of the employer and


employees with respect to the terms and conditions of employment
and labor disputes arising from collective bargaining
Tax inherent power of the sovereign exercised through the
legislature to impose burdens upon subjects and objects within its
jurisdiction for the purpose od raising revenues to carry out the
legitimate objects of government

b. As to Application
Prospective law applicable only to cases shall arise after its
enactment
Retroactive a law which looks backward or contemplates the
past; made to affect acts or facts occurring, or rights occurring,
before it came into force
c. As to Duration
Permanent
Temporary
d. As to

Operation
Mandatory
Directory
Substantive
Curative
Declaratory

FRANCISCO VS. H.REPS


CONSTITUTION the basic and paramount law to which all other laws must
conform and to which all persons, including the highest officials must defer.
HOW TO CONSTRUE THE CONSTITUTION? (BASIC RULES IN STATUTORY
CONSTRUCTION)
1. Verba Legis (Plain Meaning Rule) If the language of law is plain and free
from ambiguity, it must be given its ordinary or literal meaning and applied
without interpretation. Words are presumed to have been employed by the
lawmaker in their ordinary and common use and acceptation.
EXCEPTION: TECHNICAL TERMS
Words that have or have been used in a technical sense or those
that have been judicially construed to have a certain meaning, should
be interpreted according to the sense in which they have been
previously used, although the sense may vary from the strict or literal
meaning of the words; the presumption is that the language used in a
statute, which has a technical or well-known legal meaning, is used in
that sense by the legislature.
2. Ratio Legis Est Anima (Legislative Intent) When there is ambiguity, the
words of the Constitution should be interpreted in accordance with the intent
of its framers or the legislative intent.
3. Ut Magis Valeat Quam Pereat (Statute as a whole) A statute should
be construed as a whole because it is not to bepresumed that the legislature
has used any useless words, and becauseit is dangerous practice to base the
construction upon only a part of it,since one portion may be qualified by
other portions.

CIVIL LIBERTY VS. EXEC. SECRETARY


CONSTRUING THE LEGISLATIVE INTENT OF THE CONSTITUTION

A foolproof yardstick in constitutional construction is the intention underlying


the provision under consideration. Thus, it has been held that 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. A
doubtful provision will be examined in the light of the history of the times, and the
condition and circumstances under which the constitution was framed. The object is
to ascertain the reason which induced the framers of constitution to enact the
particular provision and the purpose sought to be accomplished thereby, to
construe the whole as to make the words consonant to that reason and calculated
to effect that purpose.
WHERE LEGISLATIVE INTENT IS ASCERTAINED?
a) On the language of the statute itself Preamble, text of the whole
constitution
b) Legislative history and the purpose of the law deliberation of the
constitutional commission
c) Effects of the law judicial legislation

OPOSA VS. FACTORAN


GENERAL RULE: Constitution is self-executory
EXCEPTION TO THE RULE: Article 2 of the Constitution (Declaration of
Principles and State Policies) is not self-executory
EXCEPTION TO THE EXCEPTION: Section 15 (Right to health) and
Section 16 (Right to helpful and balance ecology) are self executory
REASON: These basic fundamental rights need not even be
written in the constitution for they are assumed to exist from the
inception of humankind. If they are now explicitly mentioned in
the fundamental charter, it is because of the well-founded fear
of its framers that unless the rights to a balanced and healthful
ecology and to health are mandated as state policies by the
Constitution itself, thereby highlighting their continuing
importance and imposing upon the state a solemn obligation to
preserve the first and protect and advance the second, the day
would not be too far when all else would be lost not only for the
present generation, but also for those to come generations
which stand to inherit nothing but parched earth incapable of
sustaining life.

TAN VS. BARRIOS


GENERAL RULE:

Unconstitutional law:
Not a law
Confers no rights
Imposes no duties
Affords no protection
Creates no office
In legal contemplation, it is inoperative as though it had never
been passed

EXCEPTION TO THE RULE: DOCTRINE OF OPERATIVE FACT


The doctrine of operative fact, as an exception to the general rule, only
applies as a matter of equity and fair play. It nullifies the effects of an
unconstitutional law by recognizing that the existence of a statute prior to a
determination of unconstitutionality is an operative fact and may have
consequences which cannot always be ignored. The past cannot always be
erased by a new judicial declaration.
The doctrine is applicable when a declaration of unconstitutionality will
impose an undue burden on those who have relied on the invalid law. Thus, it
was applied to a criminal case when a declaration of unconstitutionality
would put the accused in double jeopardy or would put in limbo the acts done
by a municipality in reliance upon a law creating it.

PLANTERS PRODUCT VS. FERTIPHIL


GENERAL RULE:

Unconstitutional law:
Not a law
Confers no rights
Imposes no duties
Affords no protection

Creates no office
In legal contemplation, it is inoperative as though it had never
been passed

EXCEPTION TO THE RULE: DOCTRINE OF OPERATIVE FACT


EXCEPTION TO THE EXCEPTION: ARTICLE 22 OF THE NEW CIVIL
CODE (UNJUST ENRICHMENT) Doctrine of operative fact cannot be
applied if the application will go against unjust enrichment because
laws are created to uphold justice and fairness.

PEOPLE VS. LAUREL


CONSTRUING A STATUTE:
GENERAL RULE: VERBA LEGIS
When the language of the statute is clear, plain and free from ambiguity,
there is no room for attempted interpretation or extended court
rationalization of law.

FACTS:
Accused-appellant Flor N. Laurel promised employment abroad for a fee to 5
persons. However, after receiving an amount of money from the victims, Laurel
reneged on her promise and went to hiding. Verification with the POEA revealed that
Laurel was neither authorized to recruit for overseas employment. Consequently
she was haled to court and charged with large scale recruitment.
Laurel did not deny the allegations and presented documents as evidence for
her unlawful act. Thus, on the basis of these documents, she contends that she
should have been convicted only of simple illegal recruitment and not of large scale
illegal recruitment. She argues that for illegal recruitment to be considered
committed in large scale it should have been committed by a syndicate.
ISSUE: WHETHER OR NOT THE ACCUSED COMMITTED A CRIME OF ILLEGAL
RECRUITMENT IN LARGE SCALE UNDER ART. 38 OF THE LABOR CODE?
HELD:
ART. 38:

A. Illegal recruitment is deemed committed by a syndicate if carried


out by a group of 3 or more persons conspiring and/or
confederating with one another in carrying out any unlawful
transactions.
B. Illegal recruitment is deemed committed in large scale if committed
against 3 or more persons individually or as a group.
The language of the law is very clear that illegal recruitment is committed in
large scale if done against 3 or more persons individually or as a group. The number
of offenders whether or an individual or a syndicate is clearly not considered a
factor in the determination of its commission.

CIR VS. CENTRAL LUZON DRUG CORP.


CONSTRUING A STATUTE:
GENERAL RULE: VERBA LEGIS
Legislative intent must be determined from the language of the statute itself
especially when the words and phrases there in are clear and unequivocal. Its
literal meaning should be followed; to depart from the meaning expressed by
the words is to alter the statute.
FACTS:
This is a petition for review under Rule 45 of Rules of Court seeking the
nullification of CA decision granting respondents claim for tax equal to the amount
of the 20% that it extended to senior citizens on the latters purchases pursuant to
Senior Citizens Act. Respondent deducted the total amount of Php219,778 from its
gross income for the taxable year 1995 whereby respondent did not pay tax for that
year reporting a net loss of Php20,963 in its corporate income tax. In 1996, claiming
that the Php219,778 should be applied as a tax credit, respondent claimed for
refund in the amount of
Php150, 193.
ISSUE: WHETHER OR NOT THE 20% DISCOUNT GRANTED BY THE RESPONDENT TO
QUALIFIED SENIOR CITIZENS MAY BE CLAIMED AS TAX CREDIT OR AS DEDUCTION
FROM GROSS SALES?
HELD:
SEC. 4(a) OF RA 7432:

Sec. 4. Privileges for the Senior Citizens. The senior citizens shall be
entitled to the following:
(a) The grant of 20% discount from all establishments relative to
utilization of transportations services, hotels and similar
lodging establishments, restaurants and recreation centers
and purchase of medicines anywhere in the country:
provided, That private establishments may claim the cost as
tax credit.
Based on the plain working of the law discounts given under RA 7432, the
same should be treated as tax credits, not deductions from income. Nothing in the
provision suggests for tax credit to mean a deduction from gross sales.

GONZALES III VS. OFFICE OF THE PRESIDENT


RULE IN STATUTORY CONSTRUCTION:
In interpreting a statute, care should be taken that every part thereof be
given effect, on the theory that it was enacted as an integrated measure and not as
a hodge-podge of conflicting provisions. A construction that would render a
provision inoperative should be avoided; instead, apparently inconsistent provisions
should be reconciled whenever possible as parts of coordinated and harmonious
whole.
ISSUE: DOES THE OFFICE OF THE PRESIDENT HAVE ADMINISTRATIVE JURISDICTION
OVER THE DEPUTY OMBUDSMAN AND THE SPECIAL PROSECUTOR? WAS THE
DISMISSAL OF GONZALES AS DEPUTY OMBUDSMAN BY THE OFFICE OF THE
PRESIDENT CORRECT?
HELD:
(FIRST ISSUE) Yes. The ombudsmans administrative disciplinary power over a
deputy ombudsman and special prosecutor is not exclusive. Sec. 8 of RA 6770 (The
Ombudsman Act of 1989) grants the president the power to remove the deputy
ombudsman and the special prosecutor from office after due process.
Section 8 of Republic Act No. 6770
Section 8. Removal; Filling of Vacancy.
xxxx

(2) A Deputy or the Special Prosecutor, may be removed from


office by the President for any of the grounds provided for the
removal of the Ombudsman, and after due process.
(SECOND ISSUE). No. His removal must be for any of the grounds provided in
the removal of the ombudsman. The alleged ground of betrayal of public trust was
not present in his case. Petitioner Gonzales may not be removed from office where
the questioned acts, falling short of constitutional standards, do not constitute
betrayal of public trust. Congress laid down two restrictions on the Presidents
exercise of such power of removal over a Deputy Ombudsman, namely: (1) that the
removal of the Deputy Ombudsman must be for any of the grounds provided for the
removal of the Ombudsman and (2) that there must be observance of due process.

CIR VS. SM PRIME HOLDINGS INC.


STATUTORY CONSTRUCTION:
GENERAL RULE: When there is doubt as to the meaning of the statute, the
interpreter must first find that out within the statute. That is, the interpreter
must avail all the necessary intrinsic aids to determine the intention of the
legislature,
EXCEPTION TO THE RULE: If still there remain some ambiguity in the
statute, extrinsic aids therefore are resorted such as ascertaining the
legislative intent through passage of relevant laws.
FACTS:
Respondents SM Prime Holdings, Inc. (SM Prime) and First Asia Realty
Development Corporation(First Asia) are domestic corporations duly organized and
existing under the laws of the Republic of the Philippines. Both are engaged in the
business of operating cinema houses, among others. The BIR sent First Asia and SM
Prime four PAN for vat deficiency on cinema ticket sales for taxable year 1999,
2000,2002 and 2003. The two corporations protested every time but the BIR denied
all their protests which prompted them file a petition for review before the Court of
Tax Appeals, consolidating all four into one petition on the ground that SM prime is a
majority shareholder of First Asia.
The First Division of the CTA rendered a Decision granting the Petition for
Review. Resorting to the language used and the legislative history of the law, it
ruled that the activity of showing cinematographic films is not a service covered by
VAT under the National Internal Revenue Code (NIRC)of 1997, as amended, but an
activity subject to amusement tax under RA 7160, otherwise known as the Local
Government Code (LGC) of 1991. The assessment notices issued by the BIR was

ordered cancelled and set aside. Aggrieved, the CIR moved for reconsideration
which was denied by the First Division.
ISSUE: WHETHER OR NOT THE GROSS RECEIPTS DERIVED BY OPERATORS OR
PROPRIETORS OF CINEMA/THEATER HOUSESFROM ADMISSION TICKETS ARE
SUBJECT TO VAT?
HELD:
No. The repeal of the Local Tax Code by the Local Government code of 1991 is
not a legal basis for the imposition of VAT on the gross receipts of cinema/theater
operators or proprietors derived from admission tickets. The removal of prohibition
under the Local Tax Code did not grant nor restore to the national government the
power to impose amusement tax on cinema/theater operators or proprietors.
Neither did it expand the coverage of VAT. Since the imposition of a tax is a burden
on the taxpayer, it cannot be presumed nor can it be extended by implication. A law
will not be construed as imposing a tax unless it does so clearly, expressly, and
unambiguously. As it is, the power to impose amusement tax on cinema/theater
operators or proprietors remains with local government.

* INTRINSIC AIDS aids within the statute


a) Words and phrases of the statute
b) Parts of the statutes
c) Chapter and section headings
d) Punctuations used
*EXTRINSIC AIDS existing aids from outside resources, meaning outside of the
four corners of the staute
a) History of the enactment of the statute
b) Opinions and rulings of the officials of the government called upon to
execute or implement administrative laws
c) Contemporaneous construction by executive officers
d) Actual proceedings of the legislative body
e) Individual statements by members of the congress
f) Author of the law
g) Explanatory note of the bill
h) Ascertaining the legislative intent through passage of relevant laws

COMMISSIONER OF CUSTOMS VS. ESSO


STATUTORY CONSTRUCTION:
GENERAL RULE: When there is doubt as to the meaning of the statute, the
interpreter must first find that out within the statute. That is, the interpreter

must avail all the necessary intrinsic aids to determine the intention of the
legislature,
EXCEPTION TO THE RULE: If still there remains some ambiguity in
the statute, extrinsic aids such as legislative history therefore are
resorted. Courts may take judicial notice of the origin and history of the
statutes which they are called upon to construe and administer, and of
facts which affect their derivation, validity and operation.

FACTS:
Respondent ESSO is the holder of Refining Concession No.2, issued by the
Secretary of Agriculture and Natural Resources and operates a petroleum refining
plant in Limay, Bataan. Under Art. 103 of RA 387 which provides: During the 5
years following the granting of any concession , the concessionaire may import free
of customs duty, all equipment, machinery, material, instruments, supplies and
accessories, respondent imported and was assessed the special import tax which it
paid under protest.
The collector of customs on Feb. 16, 1962, held that respondent ESSO was
subject to the payment of the special import tax provided in RA 1394 as amended
by RA 2352, and dismissed the protests. ESSO appealed this decision to the
Commissioner of Customs who, on March. 19, 1965, affirmed the decision of of the
Collector of Customs.
Upon review, Court of Tax appeals reversed the decision of Customs
Commissioner and ordered the refund of the amount of P775.62 to ESSO which the
latter had paid under protest.
ISSUE: WHETHER OR NOT THE EXEMPTION ENJOYED BY HEREIN PRIVATE
RESPONDENT ESSO FROM CUSTOMS DUTIES GRANTED BY RA 387, OR THE
PETROLEUM ACT OF 1949, SHOULD EMBRACE SPECIAL IMPORT TAX IMPOSED BY RA
1394?
HELD:
No. RA 1394 repealed and revoked 6 earlier statutes which had something to
do with the imposition of special levies and or/and exemption of certain
importations from the burden of the special import taxes or levies. On the other
hand, it is apparent that RA 387 had spared from the pruning knife of Congress
although the latter law had granted more concessions and tax exemption privileges
than any statutes that were amended. The answer must be that the Congress saw
fit to preserve the privileges under the Petroleum Law to keep the door open for the
exploitation and development of the petroleum resources. The history of the

enactment of RA 387 convinced the court that the true intent of the legislature in
passing this law was intended to encourage exploitation and development of the
petroleum resources of the country.

EUGENIO VS. EXEC. SECRETARY


STATUTORY CONSTRUCTION:
GENERAL RULE: VERBA LEGIS
If the language of law is plain and free from ambiguity, it must be given its
ordinary or literal meaning and applied without interpretation. Words are
presumed to have been employed by the lawmaker in their ordinary and
common use and acceptation.
EXCEPTION TO THE RULE: Courts will not follow the literal meaning
of the letters of the statute if it will go against the true intent of the
legislature and purpose of the act. The intention of the legislature in
enacting a law is a law itself, and must be enforced when ascertained,
although it may not be consistent with the strict letter of the statute.
FACTS:
Private Respondent purchased 2 lots on installment basis from Petitioner.
Private respondent suspended payment of his amortizations because of nondevelopment on the property. Petitioner then sold one of the two lots to spouses
Relevo and the title was registered under their name. Respondent prayed for
annulment of sale and reconveyance of the lot to him. Applying P.D. 957 The
Subdivision and Condominium Buyers Protective Decree, the Human Settlements
Regulatory Commission ordered Petitioner to complete the development, reinstate
Private Respondents purchase contract over one lot and immediately refund him of
the payment (including interest) he made for the lot sold to the spouses. Petitioner
claims that the Exec. Sec. erred in applying P.D. 957 saying it should have not been
given retroactive effect and that non-development does not justify the non-payment
of the amortizations.
ISSUE: WHETHER THE EXECUTIVE SECRETARY ACTED WITH GRAVE ABUSE OF
DISCRETION WHEN HEDECIDED P.D. 957 WILL BE GIVEN RETROACTIVE EFFECT?
HELD:

No. PD 957 is to be given retroactive effect so as to cover even those


contracts executed prior to its enactment in 1976. PD 957 did not expressly provide
for the retroactivity in its entirety, but such can be plainly inferred from the
unmistakable intent of the law. The intent of the law, as culled from its preamble
and from its situation, circumstances and conditions it sought to remedy must be
enforced.

PEOPLE VS. PRINGAS


DOCTRINE: DURA LEX SED LEX (The law may be harsh but thats the law)
TOPIC: SEVERE PENALTY
Court fully realizes that the penalty prescribed by law for the offense
committed by the accused is quite severe. However, the court will not
question the wisdom of the law and of the legislators who passed it. Dura lex,
sed lex. The only thing that the court can do is to recommend that the
accused be pardoned after he shall have served the minimum period of the
penalty imposed on him.

REPUBLIC VS. CABANTUG-BAGUIO


DOCTRINE: DURA LEX SED LEX (The law may be harsh but thats the law)
TOPIC: BEING A MAMAS BOY IS NOT A GROUND FOR ANNULMENT OF
MARRIAGE BUT A GROUND FOR LEGAL SEPARATION
In petitions for the declaration of nullity of marriage, the burden of
proof to show the nullity of marriage lies on the plaintiff. Any doubt should be
resolved in favor of the existence and continuation of marriage and against
its dissolution and nullity. Lynette failed to discharge the onus probandi. While
the court sympathizes with her predicament, its first and foremost duty is to
apply the law. Dura lex sed lex.

AMATAN VS. AUJERO

STATUTORY CONSTRUCTION:
GENERAL RULE: VERBA LEGIS
If the language of law is plain and free from ambiguity, it must be given its
ordinary or literal meaning and applied without interpretation. Words are
presumed to have been employed by the lawmaker in their ordinary and
common use and acceptation.
EXCEPTION TO THE RULE: LITERAL APPLICATION OF THE LAW
WOULD LEAD TO INJUSTICE
Where a literal application of a provision of law would lead to
injustice or to a result so directly in opposition with the dictates of logic
and every day common sense as to be unconscionable, the Civil Code
admonishes judges to take principles of right and justice. Fiat justicia
ruat coelom (Let justice be done, though the heavens should fall)
when a provision of a law is silent or ambiguous, judges out to invoke
a solution responsive to the vehement urge of conscience.
TOPIC: PLEA BARGAINING WHERE THE ACCUSED WOULD PLEAD GUILTY TO
THE LESSER OFFENSE OF ATTEMPTED HOMICIDE INSTEAD OF HOMICIDE AS
ORIGINALLY CHARGED.

PEOPLE VS. PURISIMA


STATUTORY CONSTRUCTION:
GENERAL RULE: VERBA LEGIS
If the language of law is plain and free from ambiguity, it must be given its
ordinary or literal meaning and applied without interpretation. Words are
presumed to have been employed by the lawmaker in their ordinary and
common use and acceptation.
EXCEPTION TO THE RULE: STRICT ADHERENCE TO LETTERS
WOULD RESULT IN ABSURDITY, INJUSTICE AND CONTRADICTION
Where the true intent of the law is clear that calls for the
application of the cardinal rule of statutory construction that
such intent or spirit must prevail over the letter thereof, for
whatever is within the spirit of a statute is within the statute,
since adherence to the letter would result in absurdity, injustice

and contradictions and would defeat the plain and vital purpose
of the statute.
There exist a valid presumption that 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.

STATUTES IN PARI MATERIA


Statutes in Pari Materia
pari materia - refers to any the following:
same person or thing
same purpose of object
same specific subject matter
Later statutes may refer to prior laws.
What if the later law have no reference to the prior law, does that mean they
are not in pari materia? - No. It is sufficient that they have the same subject
matter.
When is a statute not in pari materia? - The conditions above are the
determinants of ascertaining if a statute is in pari materia, thus even if two
statutes are under the same broad subject as along as their specific subjects
are not the same, they are NOT in pari material
HOW STATUTES IN PARI MATERIA CONSTRUED?
Interpretare et concordare leges legibus est optimus interpretandi
modus
Every statute must be so construed and harmonized with other statutes as to
form a uniform system of jurisprudence (parang ganun din nung first part,
construe it as a whole. But also bear in mind that it should also be in harmony
with other existing laws)
Construe statutes in pari materia together to attain the purpose of an express
national policy
Why should they be construed together? - Because of the assumption that
when the legislature enacted the statutes they were thinking of the prior
statute. Prior statutes relating to the same subject matter are to be compared
with the new provisions.
Again it is important to harmonize the statutes. Courts should not render
them invalid without taking the necessary steps in reconciling them