Suan, Christia Sandee

LLB 1

Statutory Construction
Saturday 12:30 - 2:00

July 30, 2016

Atty. Rellin

Literal Rule
This is also known as plain-meaning rule or verba legis.
If the statute is clear, plain and free from ambiguity, it must be given its literal meaning
and applied without attempted interpretation. This is rule 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. The legislature is presumed to
know the meaning of the words, to have used words advisedly, and to have expressed
its intent by use of such words as are found in the statute.

P ur pos e Ru le
When the interpretation of a statute according to the exact and literal import of its
words would lead to absurd or mischievous consequences, or would thwart or
contravene the manifest purpose of the legislature in its enactment, it should be
construed according to its spirit and reason, disregarding or modifying, so far as may
be necessary, the strict letter of the law.
When the reason of the law ceases, the law itself ceases.
Doctrine of necessary implications. What is implied in a statute is as much a part
thereof as that which is expressed.

Golden Rule
This is also known as Ratio Legis.
The interpretation according to the spirit or reason of the law. A law should accordingly
be construed as to be in accordance with, not repugnant to, the spirit of law.
A thing which is within the intention of the statute is as much within the statute as if it
were within the letter, and a thing which is within the letter of the statute is not within the
statute unless it be within the intention of the lawmaker, and the statute should be so
construed as to effectuate its intent or purpose, advance the remedy, suppress the
mischief contemplated by the framers.
This case is a case of 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.

Mis c hi ef R ul e
This is also known as Mens Legislatoris.
It can only be used to interpret a statute and, strictly speaking, only when the statute
was passed to remedy a defect in the common law.
It is a principle of statutory construction that what is within the spirit of the law is as
much a part of it as what is written. Otherwise the basic purpose discernible in such
codal provision would not be attained

Where the law is clear, our duty is equally plain. We must apply it to the facts as found.
Assuming a choice is necessary between conflicting theories, that which best
conforms to the language of the statute and its purpose should prevail

Doctrine of Desuetude
It is a doctrine that causes statutes, similar legislation or legal principles to lapse and
become unenforceable by a long habit of non-enforcement or lapse of time. It is what
happens to laws that are not repealed when they become obsolete. It is the legal
doctrine that long and continued non-use of a law renders it invalid, at least in the
sense that the courts will no longer tolerate punishing its transgressors.