COLLEGE OF LAW LIBRARY GELES UNIVERSITY FOUNDATION ANGELES ippine Copynihie 2008 PRS, JUDGE NOLI C. DIAZ ISBN 971-23-3822-3 No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in differentelectronic devices or in any other form, for distribution or sale, without the written permission of the author except brief passages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. Any copy of this book withoutthe correspond. izig number and the signature of the author on this, page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same, ALL RIGHTS RESERVED BY THE AUTHOR i No. 2069 REPRINTED: MAY 2004, tout — jf] Printed by REX PRINTING COMpAy, INC. "yportoly 8 cae oon FOREWORD The book on Statutory Construction authored by Judge Noli C. Diaz, one of the distinguished professors at the College of Law of the Pamantasan ng Lungsod ng Maynila (University of the City of Manila where 1 am the Dean, is an excellent guide on the construction and interpretation of statutes and contracts burdened with obscurity. insufficiency and conflicting provisions. It will be useful not only for the law students, legal researchers, lawyers and judges but also for lay ‘men who are deeply concerned with the efficient and effective admin: istration of justice. ‘The book of Judge Noli C. Diaz is comprehensive and fully in- mative. It is written in an appropriate simple style, hence, easily understood. ‘The comments made are clarified and bolstered by cases decided by the Supreme Court and the Court of Appeals presented in digest forms for easy and ready reference. The book is updated on the latest jurisprudence on Statutory Construction. Finding the book of Judge Noli C. Diaz an effective and excel lent work, I personally endorse its use to all law students, legal prac tioners and judges who find the need to interpret and construe laws, ordinances, rules and regulations as well as contracts and agreements — while in the performance or pursuit of their legal endeavors. April 28, 2000. DEAN ERNESTO L. PINEDA.STATUTORY CONSTRUCTION JUDGE NOLI C. DIAZ Presiding Judge, Regional Trial Court Branch 39, Manila; Former Presiding Judge, Metropolitan Trial Court Branch 80, Muntinlupa City: Former Third Assistant City Fiscal of Manila; Professorial Lecturer, College of Law; Pamantasan ng Lungsod ng Maynila, and University of Santo Tomas, Faculty of Civil Law; Member, Philippine Association of Law Professors Author: The Law on Sales as Expounded by Jurispruder and Transportation Laws Notes and Casesnas = a = PREFACE This book is a product of extensive research and long years of teaching experience particularly on the subject of statutory construc: tion, Primarily designed for his classroom students, the cases are pre sented in extended phase and the specific statutes in controversy are often quoted verbatim to give emphasis for the students to learn the art ‘°F construction and interpretation, This is precisely the essence of study ‘ng statutory construction, ‘The book also aims to develop in the student a confident percep. tion and a keener insight into the motives of the legislature as it e the laws governing our country end people. Statutory construction is one subject hardly loved or appreciated by law students. Perhaps because it is a minor subject included in the Jaw curriculum. The interest, therefore, of the law students on the sub ect will depend largely on the approach of the classroom professor. Bul if one will look deeply into the subject, statutory construction is one of the most interesting topics in the field of law. The first book a new prac titioner may seek to support the theory of his case could probably be the book on statutory construction, Chief Justice Roberto Concepcion once said in our class: Law is like a sharp knife that can save the life of a dying man in the hands of 4 surgeon but can deprive a strong man his life in the hands of an assassin, In the same manner, the appropriate use of the rules on statu- tory construction can win a case for a lawyer while the improper use of it can ruin the cause of his client, ‘The author has a multitude to thank in the preparation of this book and is deeply and ever grateful to the Lord and Saviour Jesus Christ for providing him intelligence in finishing this handiwork; to his present Dean in the College of Law, Pamantasan ng Lungsod ng Maynil Intramuros, Manila, Dean Emesto L.. Pineda, for his invaluable support