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Final Examination

(Note: In solving the following problems, use statutory construction principles to


support you answers)
I.

II.

Define/explain the following


a. Reddendo Singula SIngulis
b. Doctrine of Last Antecedent
c. Pari Materia Rule
d. Doctrine of Necessary Implication
e. Mens Legislatores
f. Ratio Legis
Art. 202 of the Revised Penal Code Provides:
Art. 202. Vagrants and Prostitutes Penalty. the following are vagrants:
xxxx
1. Any person found loitering about public or semipublic buildings or
places, or tramping or wandering about the country or streets without
visible means of support;
xxxx
2. Prostitutes.
For purposes of this article, women who, for money or profit, habitually
indulges in sexual intercourse or lascivious conduct, are deemed to be
prostitutes:
xxxx
James, the janitor if Baguio Colleges Foundation was often found
loitering around saloons, bars and other public places obviously looking
for old women whom he would entice to join him in his bachelors pad
for carnal conversation for a fee.
He was arrested and prosecuted for Vagrancy.
James argued that since he is working as a janitor in BCF he
could not be considered as vagrant since the element of without
visible means of support is lacking.
A) As the public prosecutor what statutory construction principle
or Latin maxim will you advance to support the theory that
the element without visible means of support only applies to
those who are trampling or wandering about public buildings
or streets and not to those who are found loitering about
country or streets and not to those who are found loitering
about public or semipublic buildings or places. Explain your
answer.
B) Is James a vagrant? Why?
C) Is he a prostitute? Why?

Statutory Construction
Final Examination
October 14, 2004
I.

II.
III.

IV.

V.

Define/explain
a. Redendo Singula Singulis
b. Casus Omissus
c. Pari Materia Rule
d. Doctrine of Last Antecedent
e. Mens Legislatores
f. Doctrine of Necessary Implication
g. Ratio Legis
When is an ambiguous law void? Why?
Art. 101 of the civil Code consider as void donation between spouses
during the marriage
Can R donate to his live in partner, Y, his Toyota car? Why?
An Anti Vagrancy Law Provides:
Art I. Vagrants Penalty. the following are vagrants:
xxxx
1. Any person found loitering about saloons, public or semipublic
buildings, or tramping or straying through the streets or countryside
without visible means of support.
X, the secretary of a law office, was found loitering about a certain bar
in Session Road every night.
A. What statutory construction principle and/or Latin maxim will you
use to support the following;
a. X is a vagrant because he is found loitering about a saloon
because the clause without visible means of support as
used does not apply to the clause. Any person found loitering
about saloons, public or semipublic buildings, but is
confined to tramping or staying though the streets or
countryside why?
b. That is not the intention of Congress to qualify the first part
of the clause with without visible means of support
because congress placed a comma after semipublic or public
building and it did not insert comma after the word
countryside Why?
c. X is not a vagrant because it is the intention of congress to
apply without visible means of support to both the clauses:
loitering about saloons, public or semi public buildings and
tramping or straying through the streets or countryside.
B. Using the definition of loitering as idling or wasting ones time, if
you were the judge will you consider X a vagrant? Why?
PD 1564 provides as follows:
Sec. 2. Any person, corporation, organization or association desiring to
solicit or receive contributions for charitable or public welfare purposes

shall first secure a permit from the Regional Offices of the Department of
Social Services and Development..
xxxx
The officer of the civic organization known as the Samahang
Katandaang Nayon ng Tikay launched a fund raising drive for the purpose
of renovating the chapel of Barrio Tikay.
X, the chairman of the group solicited from Y the amount of P1,500.00.
It is admitted that the solicitation was made without a permit from the
Department of Social Services and Development.
Can X be charged for violating PD No. 1564? Why?

Statutory Construction
Final Examinaion
October 9, 2003
I.

Define/explain

II.
III.
IV.

V.

a. Pari Materia Rule


b. Doctrine of Necessary Implication
c. Casus Omisus
d. Doctrine of Last Antecedent
e. Reddendo Singula Singulis
f. Sufficient Standard Test
g. Legislative interpretation
h. Implied repeal
Name five (5) extrinsic aids in the construction of statutes.
Explain five (5) general principles in statutory construction.
Section 54 of the revised election code which provides: No justice,
judge, officer or employees of the Army, or member of the national,
provincial, city, municipal or rural police force, and no classified civil
service officer or employee, shall aid any candidate or exert any
influence in any manner in any election nor take part therein except
to vote, if entitled thereto, or to preserve public pass. If he is a
peace officer.
a. What maxim will you use to support the contention that Justice
of the peace, is not included in the prohibition? Why?
b. If you are the judge of a case wherein a justice of the peace was
found engaged in political activities will you find him guilty
under the law?
X committed a crime classified as a light offense on May 26, 2003.
An information charging him of each crime was filed on July 27,
2003.
Article 90 provides: Light Offenses prescribe in two months
Article 91 provides: the period of prescription shall commence to
run from the day on which the crime is discovered by the offended
party
The month of May 2003 has 31 days and the months of June has 30
days.
Under the laws has the crime prescribed? Justify your answer using
statutory principles, maxims, etc.

VI.

When is an ambiguous law unconstitutional?