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Questions and Answers
What should be adopted when two possible interpretations exist?
What should be adopted when two possible interpretations exist?
What is the primary role of statutory construction?
What is the primary role of statutory construction?
Which of the following is considered an intrinsic aid in statutory interpretation?
Which of the following is considered an intrinsic aid in statutory interpretation?
When should construction and interpretation be applied?
When should construction and interpretation be applied?
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What kind of aids does an interpreter use?
What kind of aids does an interpreter use?
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Which of the following scenarios does NOT require statutory construction?
Which of the following scenarios does NOT require statutory construction?
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Who is responsible for determining legislative intent?
Who is responsible for determining legislative intent?
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Which of the following is an example of an extrinsic aid?
Which of the following is an example of an extrinsic aid?
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Did an attorney-client relationship arise between Juan and Atty.D?
Did an attorney-client relationship arise between Juan and Atty.D?
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Which of the following is NOT one of the guaranteed basic rights of workers?
Which of the following is NOT one of the guaranteed basic rights of workers?
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What does the Protection-to-Labor Clause emphasize?
What does the Protection-to-Labor Clause emphasize?
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Under the basic rights of workers, which right allows them to negotiate with management?
Under the basic rights of workers, which right allows them to negotiate with management?
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What is the primary focus of the Declaration of Basic Policy?
What is the primary focus of the Declaration of Basic Policy?
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Which of the following statements about labor laws is true?
Which of the following statements about labor laws is true?
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How should doubts in implementing labor laws be resolved?
How should doubts in implementing labor laws be resolved?
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Which option correctly captures the right of workers in relation to their work conditions?
Which option correctly captures the right of workers in relation to their work conditions?
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What is the primary duty of the courts of justice as described in the judicial power?
What is the primary duty of the courts of justice as described in the judicial power?
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Which of the following bodies is NOT identified as an independent constitutional commission?
Which of the following bodies is NOT identified as an independent constitutional commission?
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What powers are conferred to the independent constitutional commissions that cannot be reduced by statute?
What powers are conferred to the independent constitutional commissions that cannot be reduced by statute?
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What is the term length for chairmen and members of the independent constitutional commissions?
What is the term length for chairmen and members of the independent constitutional commissions?
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Which entity is responsible for interpreting conflicting rulings among independent constitutional commissions?
Which entity is responsible for interpreting conflicting rulings among independent constitutional commissions?
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The Bill of Rights primarily governs the relationship between which two entities?
The Bill of Rights primarily governs the relationship between which two entities?
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What ensures fiscal autonomy for the independent constitutional commissions?
What ensures fiscal autonomy for the independent constitutional commissions?
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Which of the following statements regarding the removal of chairmen and members from independent constitutional commissions is true?
Which of the following statements regarding the removal of chairmen and members from independent constitutional commissions is true?
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What is the primary purpose of provisions on public disclosures outlined in the Constitution?
What is the primary purpose of provisions on public disclosures outlined in the Constitution?
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Which section of the Constitution guarantees the free exercise of religion?
Which section of the Constitution guarantees the free exercise of religion?
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Why is the doctrine of Separation of Powers important for government structure?
Why is the doctrine of Separation of Powers important for government structure?
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Which of the following describes the police power of the state?
Which of the following describes the police power of the state?
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What is NOT a purpose of the Separation of Powers doctrine?
What is NOT a purpose of the Separation of Powers doctrine?
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Which statement about the right to information under the Constitution is accurate?
Which statement about the right to information under the Constitution is accurate?
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What does the phrase 'parens patriae' refer to in the context of the state's police power?
What does the phrase 'parens patriae' refer to in the context of the state's police power?
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To which body of governance does the legislative power belong according to the Separation of Powers?
To which body of governance does the legislative power belong according to the Separation of Powers?
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What does the Due Process Clause guarantee?
What does the Due Process Clause guarantee?
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Which of the following best describes the concept of equal protection of laws?
Which of the following best describes the concept of equal protection of laws?
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What is prohibited by the non-establishment clause?
What is prohibited by the non-establishment clause?
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In Engel v. Vitale, what was declared unconstitutional?
In Engel v. Vitale, what was declared unconstitutional?
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Which aspect of religious freedom is considered absolute?
Which aspect of religious freedom is considered absolute?
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What limitation is placed on the Free Exercise Clause?
What limitation is placed on the Free Exercise Clause?
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What is a legitimate reason for the government to impose discrimination according to equal protection principles?
What is a legitimate reason for the government to impose discrimination according to equal protection principles?
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Which statement reflects a misunderstanding of the Equal Protection Clause?
Which statement reflects a misunderstanding of the Equal Protection Clause?
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Study Notes
Statutory Construction
- Statutory construction involves understanding the authors' intent behind a law's application to a specific case, especially when the case is not explicitly covered in the law.
Statutory Construction vs. Interpretation
- Interpretation uses intrinsic aids (from the statute itself), focusing on the text's meaning.
- Construction utilizes extrinsic aids (outside the statute), considering broader context and understanding.
Intrinsic Aids
- Title - Provides a general overview of the law's subject matter.
- Preamble - Explains the law's purpose and intent.
- Words, Phrases, and Sentences - The text itself is analyzed for its intended meaning.
- Context - The surrounding text helps clarify the meaning of specific words or phrases.
- Punctuation - Can provide clues to emphasis or separation of ideas.
- Headings and Marginal Notes - Can highlight key sections or concepts.
- Legislative Definitions and Interpretations - Clarifications provided by lawmakers themselves.
- Clauses - Each clause is analyzed for its specific meaning and how it contributes to the overall intent of the law.
Extrinsic Aids
- Contemporaneous Circumstance - Historical context and events surrounding the law's creation.
- Policy - Understanding the underlying policy aims of the law.
- Legislative History - Examining debates, reports, and amendments during the legislative process.
- Practical Construction - How the law is actually applied and interpreted in practice.
- Legislative Construction - Interpretations of the law by those who crafted it.
- Judicial Construction - Interpretations of the law by courts in previous cases.
- Executive Construction - How the Executive Branch implements and interprets the law.
- Construction by the Bar and Legal Commentators - Analysis and interpretations offered by legal professionals.
When Statutory Construction is Necessary
- When the language of the statute is ambiguous, doubtful, or obscure in relation to a specific set of facts.
- When reasonable minds disagree about the meaning of the language used.
When Statutory Construction is Not Necessary
- When the law is clearly expressed and leaves no room for interpretation.
Attorney-Client Relationship
- An attorney-client relationship arises when someone seeks legal advice from an attorney, and the attorney provides such advice.
Protection-to-Labor Clause
- The 1987 Philippine Constitution ensures full protection for all workers, regardless of their organization status or location.
- This includes the right to organize, collectively bargain, engage in peaceful activities (including strikes), enjoy tenure security, work under humane conditions, receive a living wage, and participate in decision-making affecting their rights.
Declaration of Basic Policy
- The state is responsible for protecting labor, promoting full employment, guaranteeing equal work opportunities, and regulating employer-employee relations.
- The state also guarantees worker rights to self-organization, collective bargaining agreements, tenure security, and humane working conditions.
Construction in Favor of Labor
- Any ambiguity in interpreting labor laws should be resolved in favor of the worker.
Right to Information on Matters of Public Concern
- The Constitution of the Philippines guarantees public access to information, specifically:
- Right to information on matters of public concern.
- Access to the records and books of Congress.
- Mandatory submission of Statements of Assets, Liabilities, and Net worth (SALN).
Separation of Church and State
- The Constitution establishes a strict separation between religion and government.
- This includes:
- No law shall be made establishing a State religion or prohibiting free exercise of religion.
- No religious test is required for exercising political or civil rights.
Doctrine of Separation of Powers
- The Philippine government operates on the principle of separation of powers, dividing authority between the legislative, executive, and judicial branches.
- Each branch is independent and supreme within its respective sphere.
- This prevents excessive power concentration and fosters a more balanced system of governance.
Purposes of Separation of Powers
- Secure action: Each branch can act decisively without dependence on others.
- Forestall over-action: Prevents any single branch from excessively exercising power.
- Prevent despotism: Contributes to a less tyrannical government by limiting individual branch power.
- Obtain efficiency: More focused and specialized branch functions lead to greater efficiency.
Fundamental Powers of the State
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The Philippine State possesses inherent powers necessary to fulfill its responsibilities:
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Police Power: The state's authority to regulate for public welfare and protect individuals. It's the most pervasive and least limitable of the fundamental powers.
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Eminent Domain: The state's power to take private property for public use with just compensation.
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Taxation: The state's power to impose taxes to fund public services and government operations.
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Judicial Department
- The Judiciary's primary role is to resolve legal disputes and uphold the rule of law.
- The Supreme Court is the highest judicial body and oversees lower courts established by law.
Judicial Review
- The Supreme Court has the power to determine the constitutionality of laws, treaties, ordinances, Executive orders, and other government actions.
Independent Constitutional Commissions
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The Philippine Constitution established several independent commissions to promote transparency, accountability, and efficiency:
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Civil Service Commission (CSC): Oversees civil service operations.
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Commission on Elections (COMELEC): Manages and oversees elections.
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Commission on Audit (COA): Audits government accounts to ensure financial accountability.
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Guarantees of Independence for Constitutional Commissions
- Constitutional Commissions are protected from political influence:
- They are constitutionally created and cannot be easily abolished.
- Their powers and functions are specifically defined and cannot be easily reduced.
- They are explicitly designated as independent bodies.
- Their Chairpersons and members have long terms of office (seven years) and can only be removed through impeachment.
- They enjoy fiscal autonomy, managing their own budgets.
Bill of Rights
- The Bill of Rights protects fundamental civil and political rights of citizens, establishing limits on government power.
- These rights govern the relationship between the citizen and the state, not between individuals.
Due Process Clause
- No person can be deprived of life, liberty, or property without due process of law.
- This ensures fair and just treatment by the government when individuals are subject to legal action.
Concept of Equal Protection of Laws
- The government must treat similarly situated individuals equally, both in terms of rights and responsibilities.
- Equal protection does not require identical treatment for everyone, but prohibits discriminatory legislation based on unjustified criteria.
Non-Establishment Clause
- The State cannot favor one religion over another or establish a state religion.
- It must maintain neutrality in matters of faith and avoid promoting or interfering with religious beliefs.
Free Exercise Clause
- The individual has the absolute right to religious belief.
- The government can regulate the "time, place, and manner" of religious exercise, but not the content of beliefs.
Aspects of Freedom of Religion
- The right to believe, regardless of the belief's validity or popularity, is absolute and protected.
- The individual is not required to prove their beliefs and cannot be punished for not being able to do so.
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Description
This quiz delves into statutory construction, emphasizing the difference between construction and interpretation. Learn about intrinsic aids such as titles, preambles, and contextual elements that help elucidate legal statutes. Test your understanding of how these components influence the application of law.
