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All other laws, decrees, orders, issuances, rules and regulations which are
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly. Implied Repeal Cannot use this implied
repeal unless there is no other express repeal, and no way to
reconcile the two laws.
Construction, defined
Construction is the art or process of discovering and expounding the
meaning and intention of the authors of the law, where that intention is
rendered doubtful by reason of the ambiguity in its language or of the fact
that the given case is not explicitly provided for in the law. (Caltex v.
Palomar)
Plain Meaning Rule/Verba Legis
Where the statute is clear, plain and free from ambiguity, it must be given
its literal meaning and applied without interpretation. This plain meaning
rule or verbal egis derived from the maxim index animi sermo est (speech is
the index of intention) rests on the valid presumption that the words
employed by the legislature in a statute correctly express its intention or
will and preclude the court from construing it differently.
Comment: The literal the Law is Clear
In terms of interpretation: Plain Meaning Rule > Stat Con > Implementing
Agency Interpretation and Legislative Intent > Statement of Individual
Legislator
Legislative intent/Ratio Legis
A statute must be read according to its spirit and intent, and where
legislative intent apparently conflicts with the letter of the law, the former
prevails over the latter. (Tanada v. Cuenco)
The principle that what is within the spirit of a statute is within the statute
itself although it is not within its letter applies only when there is ambiguity
in the language employed in the law. Where the law is clear and free from
ambiguity, the letter of the law is not to be disregarded on the pretext of
pursuing its spirit. (Tanada v. Cuenco)
Comment: This doctrine can be combined with Executive and
Administrative interpretation, as well as review of law in its entirety.
However, it is generally used as a last resort and will often lose versus plain
meaning rule, the law does not distinguish, and cassus ommissus.
Dura Lex Sed Lex
The principle requires that the statute should be applied regardless of
whether it is unwise, hard or harsh. If the law is clear and free from doubt,
it is the sworn duty of the court to apply it without fear or favor, to follow its
mandate, and not to tamper with it. (Go v. Anti-Chinese League of the Phils.)
Comments: This can be cited when Wisdom or Practicality of the Law is
being questioned.
Ut Res Magis Valeat Quam Pereat
The rule is that a construction that would render a provision inoperative
should be avoided; instead, apparently inconsistent provisions should be
reconciled whenever possible as parts of a coordinated and harmonious
whole. (JMM Promotions & Management, Inc. v. NLRC)
Comment: This can be cited along with the rule on repeals, namely that
unless the repeal is express, the two statutes should attempt to be given a
construction that will allow both to preserve their effects. Also, it can be
cited when the issue is provisions in a contract, because it is to be
considered that the reason the parties put a provision in a contract is
because they would like it implemented.
Review of law in its entirety and its intendment must be given effect
The legislative meaning is to be extracted from the statute as a whole. Its
clauses are not to be segregated, but every part of a statute is to be
construed with reference to every other part and every word and phrase in
connection with its context. (Tamayo v. Gsell)
Comment: This is the counter against partial unconstitutionality. Under
partial unconstitutionality, only the unconstitutional part can be removed.
But, if this standard is applied and the unconstitutional part clearly is
intended to be construed together, the whole law may be voided.
Wisdom/Practicality of Law
Courts do not pass upon questions of wisdom, justice, or expediency of
legislation, for it is not within their province to supervise legislation and
keep it within the bounds of propriety and common sense. That is primarily
and exclusively a legislative concern. Hence, as long as laws do not violate
the Constitution, the courts merely interpret and apply them regardless of
whether or not they are wise or salutary. (Quintos v. Lacson)
Comment: This is a ground to dismiss an action, by saying that the action
is really looking into the wisdom and practicality of the law, and not a
question of law.
Executive/Administrative Interpretation
The principle that the contemporaneous construction of a statute by the
executive officers of the government, whose duty it is to execute it, is
entitled to great respect, and should ordinarily control the construction of
the statute by the courts, is so firmly embedded in our jurisdiction that no
authorities need be cited to support it. (In re Allen)
Comment: The interpretation of the implementing agency is given great
weight by the court, but it may not add or detract from the express terms in
the statute itself. Hence, this provision will lose versus plain meaning rule,
the law does not distinguish, and cassus ommissus. (Ex. Midterms question)
Valid in part, void in part
The general rule is that where part of a statute is void as repugnant to the
Constitution, while another part is valid, the valid portion, if separable from
the invalid, may stand and be enforced. (Barrameda v. Moir)
The exception to the general rule is that when the parts of a statute are so
mutually dependent and connected, as conditions, considerations,
inducements, or compensations for each other, as to warrant a belief that
the legislature intended them as a whole, the nullity of one part will vitiate
the rest. (Lindasan v. Commission on Elections)
Computation of Time
See Article 13 of the Civil Code and CIR v. Primetown Property Group, Inc..
Where a statute requires the doing of an act within a specified number of
days, such as ten days, from notice, it means ten calendar days and not ten
working days.
Comments: Computation of time: Exclude the first day but include the last.
E.g. 15 days due, started January 1, it will be due Jan 16. Also, when it
comes to prescription, if the day of prescription is a weekend or a holiday,
then the true last day it may be filed will be the very next working day
immediately after. BUT if the case is criminal in nature, this rule will not
apply, so if the last filing day is on a weekend or a holiday, then the last day
for filing is the last working day prior to that weekend.
From Fr. Ferrers Statcon
No.
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Latin Maxim
Legis interpretatio / legis vim btinet.
Contemporanea expositio /est ptima et
fortssima in lege.
ptima est legum interpres / consuetudo.
Rgula pro lege,/ si dfcit lex.
ptimus interpres rerum / usus.
Communis error / facit jus.
Quod ab intio non valet / in tractu tmporis / non
cnvalescit.
Ratihabtio / mandato aequiparatur.
Stare decisis / et non quieta movere.
Interest reipblicae / ut sit finis ltium.
Index nimi / sermo est.
nimus hminis / est nima scripti.
Verba legis / non est recedendum.
Maledicta est / expostio quae corrumpit textum.
Littera scripta / manet.
Clusula rebus / sic stntibus.
Absoluta sentntia / expositore / non ndiget.
Dura lex / sed lex.
Hoc quidem / perquam durum est, / sed ita lex
scripta est.
Aquitas / nunquam contravenit legis.
Aquum et bonum / est lex legum.
Jus / ars boni et aqui.
Ratio legis / est nima legis.
Lttera necat / spritus vivfcat.
Verba intentioni, / non e contra, / debent
inservire.
Benignus / leges interpretandae sunt, / quod voluntas
earum /conservetur.
Qui haret in lttera / haret in crtice.
Quando verba statuti sunt speciali, / ratio autem
generlia, / statutum / generliter est intelligendum.
10
Translation
Judicial construction and interpretation of a statute acquires
the force of law.
Contemporary construction is strongest in law.
Custom is the best interpreter of a statute.
In default of law, the maxim rules.
The best interpreter of the law is usage.
Common error sometimes passes as current law.
That which was originally void does not, by lapse of time,
become valid.
Legislative ratification is equivalent to a mandate.
Follow past precedents and do not disturb what has been
settled.
The interest of the state demands that there be an end to
litigation.
Speech is the index of intention.
The intention of the man is the soul of what is written.
Do not depart from the words of the statute.
It is bad construction which corrupts the text.
The written word endures.
Things thus standing.
When the language of the law is clear, no explanation is
required.
The law may be harsh but it is the law.
It is exceedingly hard, but so the law is written.
Equity never acts in contravention of the law.
What is good and equal is the law of laws.
Law is the art of good and equitable.
The reason of the law is the soul of the law.
The letter kills but the spirit gives life.
Words ought to be more subservient to the intent and not to
the words.
Law is to be construed liberally so that its spirit and reason
be preserved.
He who considers merely the letter of an instrument goes
but skin deep into its meaning.
When the words used in a statute are special, but the
purpose of the law is general, it should be read as the
general expression.
When the reason of the law ceases, the law itself ceases.
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Strictssimi juris.
Nullum tempus occurit / regi.
Vigilntibus et non dormintibus / jura
subveniunt.
Ptior est in tmpore,/ ptior est in jure.
Lex prspicit, / non rspicit.
Lex de futuro, / judex de praetrito.
Nova constitution / futuris formam impnere
debet non praeteritis.
Leges quae, retrospiciunt,/ et magna cum cautione
sunt adhibendae / neque enim Janus locatur in legibus.
Where the law does not distinguish, the courts should not
distinguish.
Of things dissimilar, the rule is dissimilar.
A thing is known by its associates.
Of the same kind or specie.
The express mention of one person, thing or consequence
implies the exclusion of all others.
What is expressed puts an end to that which is implied.
Negative-Opposite: What is expressed puts an end to which
is implied.
A person, object or thing being omitted from an
enumeration must be held to have been omitted
intentionally.
A qualifying word or phrase should be understood as
referring to the nearest antecedent.
Referring to each or referring each phrase or expression to
its appropriate object, or let each be put in its proper place.
A thing not being expected must be regarded as coming
within the purview of the general rule.
The best interpreter of the statue is the statute itself.
The exposition of a statute should be made from all its parts
combined
It is unjust to decide or to respond as to any particular apart
of a law without examining the whole of the law.
The sense and meaning of the law is collected by viewing all
the parts together as one whole and not of one part only by
itself.
A passage will be best interpreted by reference to that
which precedes and follows it.
Reference should be made to a subsequent section in order
to explain a previous clause of which the meaning is
doubtful.
A law should be interpreted with a view of upholding rather
than destroying it.
Of the same matter.
Every statute must be so construed and harmonized with
other statutes as to have a uniform system of law.
Distinguish times and you will harmonize law.
Times have changed and laws have changed with them.
With the necessary changes.
The welfare of the people is the supreme law.
Statutes enacted for the public good are to be construed
liberally.
The private interests of the individual must give way to the
accommodation of the public.
The act does not make a person guilty unless the mind is
also guilty.
An act done by me against my will is not my act.
Privileges are to be interpreted in accordance with the will of
him who grants them.
Renunciation cannot be presumed.
Follow the law strictly.
There can be no legal right as against the authority that
makes the law on which the right depends.
The law aids the vigilant, not those who slumber on their
rights.
He who is first in time is preferred in right.
The law looks forward, not backward.
The law provides for the future, the judge for the past.
A new statute should affect the future, not the past.
Laws which are retrospective are rarely and cautiously
received for Janus has really no place in the laws.
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