Fifth meeting

a. What is contemporaneous construction?

● the constructions placed upon at the time of, or after their enactment by the executive,
legislative or judicial authorities, as well as by those who involve in the process
legislation is knowledgeable of the intent and purpose of the law
● Contemporary construction is the strongest in law

b. Why is the interpretation of an administrative agency of a law accorded great respect?

● Emergence of multifarious needs of a modernizing society

● Also relates to experience and growth of specialized capabilities by the administrative
agency
● They have the competence, expertness, experience and informed judgment, and the fact
that they frequently are the drafters of the law they interpret

c. When is contemporaneous construction disregarded?

● When there is no ambiguity in the law.
● If it is clearly erroneous, the same must be declared null and
 void.

d. What is legislative interpretation

● Take form of an implied acquiescence to, or approval of, an executive or judicial
construction of a statute.
● The legislature cannot limit or restrict the power granted to the courts by the constitution.

e. What is legislative reenacment?


● Most common act of approval.

● The re-enactment of a statute, previously given a
 contemporaneous construction is
persuasive indication of the
 adoption by the legislature of the prior construction.

● Re-enactment if accorded greater weight and respect than the contemporaneous
construction of the statute before its ratification.

Discuss Commissioner of Internal Revenue v. American Express, G.R. No. 152609, 29

June 2005

f. Discuss the legal maxim stare decisis et non quieta movere.

● one should follow past precedents and should not disturb what has been settled
● Legal maxim - established principle
● "to stand by decisions and not disturb the undisturbed"
g. What is an obiter dictum?

● opinion expressed by a court upon some question of law which is not necessary to the
decision of the case before it; not binding as a precedent

h. What is the plain-meaning rule?

● If the statute is clear, plain and free from ambiguity, it must be given its literal meaning
and applied without attempted interpretation.

Discuss National Federation of Labor v. NLRC, 327 SCRA 158, G.R. No. 127718, 02
March 2000.

i. What is dura lex sed lex?


● The law is harsh, but it is the law.

Discuss People of the Philippines v. Sarmiento, G.R. No. 72141, 12 January 1987.

j. When must literal import yield to intent?


● The intention controls the literal interpretation of a particular language of statute.

● Verba intentioni, non e contra, debent inservire: words ought to be more subservient to
the intent and not the intent to the words.

● If there’s two conflicting theories, courts choose which best accords with the spirit or
intent of the law.

● Conscience and equity should always be considered in the construction of a statute.

● The spirit and intendment of the law must prevail over its letter.


Discuss National Police Commission v. De Guzman, G.R. No. 106724, 09 February

1994.

k. Discuss the rule that interpretation must not defeat purpose of the law?

● What is within the spirit of a statute even if not within the letter is applicable only if there
is ambiguity in the language of the law.

Discuss U.S. v. Toribio, 15 Phil. 85, G.R. No. L-5060, 26 January 1910.

l. What is cessante ratione legis, cesssat et ipsa lex?


● when the reason of the law ceases, the law itself ceases

Discuss Comendador v. De Villa, G.R. No. 93177, 02 August 1991