Statutory Construction Overview

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Questions and Answers

What power is considered supreme and belongs to the people?

  • Judicial Power
  • Administrative Power
  • Original Legislative Power (correct)
  • Derivative Legislative Power

Which class of interpretation involves taking words in their narrowest meaning?

  • Close Interpretation (correct)
  • Latitudinal Interpretation
  • Liberal Interpretation
  • Extensive Interpretation

What is the objective of the interpretation and construction of statutes?

  • To expand the meaning of laws
  • To restrict the power of legislative bodies
  • To ascertain the meaning and intention of the legislature (correct)
  • To alter existing statutory laws

What type of legislative power is delegated by the sovereign people?

<p>Derivative Legislative Power (B)</p> Signup and view all the answers

Which interpretation method adopts a broader understanding of words?

<p>Extensive Interpretation (C)</p> Signup and view all the answers

What must courts refrain from when interpreting statutes?

<p>Enlarging or restricting the statutes (C)</p> Signup and view all the answers

Which of the following is NOT a class of interpretation mentioned?

<p>Comparative Interpretation (B)</p> Signup and view all the answers

What does the Constitution reserve for the people regarding legislative powers?

<p>The power to initiate laws (C)</p> Signup and view all the answers

What does the principle of Effectiveness emphasize in legal interpretation?

<p>Reading statutes to fulfill their intended purpose (D)</p> Signup and view all the answers

Which theory of interpretation prioritizes the statute's text over other methods?

<p>Textualism (B)</p> Signup and view all the answers

What is a main characteristic of the Intentionalism theory of interpretation?

<p>Incorporating extrinsic sources to understand original intent (A)</p> Signup and view all the answers

What does the concept of Stare Decisis entail?

<p>Adhering to established interpretations from past rulings (B)</p> Signup and view all the answers

What is the first step in the process of passing a bill?

<p>Drafting the bill (A)</p> Signup and view all the answers

In the context of legislative procedure, what occurs during the first reading of a bill?

<p>Reading the bill by its number and title only (B)</p> Signup and view all the answers

What happens if the other chamber proposes amendments to a bill?

<p>A bicameral conference committee is formed (C)</p> Signup and view all the answers

What is understood as a year in legal terms?

<p>365 days (A)</p> Signup and view all the answers

Which legal principle asserts the Constitution as the supreme law guiding consistency in other laws?

<p>Hierarchy of Laws (A)</p> Signup and view all the answers

How is the term 'including' interpreted when followed by a list of items?

<p>It suggests there are other non-identified items (A)</p> Signup and view all the answers

When calculating periods of time as per civil law, which day is excluded from the count?

<p>The first day (A)</p> Signup and view all the answers

What is generally true about words in plural form within legal statutes?

<p>They can be construed to apply to singular contexts (C)</p> Signup and view all the answers

What does the term 'casus omissus' refer to in legal context?

<p>Omission as intentional (A)</p> Signup and view all the answers

When is a night defined in legal terms?

<p>From sunset to sunrise (B)</p> Signup and view all the answers

How should courts infer provisions necessary for legal intent?

<p>Based on the principle that laws cannot foresee every scenario (A)</p> Signup and view all the answers

Which of the following accurately describes how days are understood in legal terms?

<p>As a 24-hour period (D)</p> Signup and view all the answers

What does the doctrine of necessary implication allow in the interpretation of statutes?

<p>It allows for consideration of unmentioned but necessary situations. (C)</p> Signup and view all the answers

What does 'expressio unius est exclusio alterius' imply about statutory interpretation?

<p>Mentioning one thing excludes other unmentioned things. (B)</p> Signup and view all the answers

Why must a statute be read as a whole according to general rules of interpretation?

<p>To preserve the intent of the law. (B)</p> Signup and view all the answers

How are obiter dicta regarded in the context of statutory interpretation?

<p>They provide persuasive guidance but are not legally binding. (C)</p> Signup and view all the answers

What are extrinsic aids of construction?

<p>Sources outside the statutory text that help interpret legal language. (C)</p> Signup and view all the answers

What is a characteristic of extrinsic aids used in statutory interpretation?

<p>They can include plenary debates in Congress. (C)</p> Signup and view all the answers

What effect does using surrounding provisions have in interpreting words in a statute?

<p>It helps in ensuring the law's intent is preserved. (B)</p> Signup and view all the answers

What does it mean when a phrase is limited to the term it modifies?

<p>It prevents overly broad application across the statute. (A)</p> Signup and view all the answers

What is presumed when there is doubt in the interpretation of laws?

<p>Right and justice are intended to prevail. (D)</p> Signup and view all the answers

What prevails when a general law intends to cover a subject and repeal prior inconsistent laws?

<p>The newer general law prevails. (C)</p> Signup and view all the answers

How should law be applied when a special law creates a general rule and a general law creates a specific rule?

<p>The specific rule from the general law should prevail. (D)</p> Signup and view all the answers

What does legislative intent imply when general terms are used without qualifications?

<p>No distinctions should be created where none have been made. (C)</p> Signup and view all the answers

Which principle advises against creating distinctions when the law does not explicitly do so?

<p>Ubi lex non distinguit, nec nos distinguere debemus. (C)</p> Signup and view all the answers

What does the phrase 'Dura lex sed lex' imply regarding the application of law?

<p>Hard law must be followed regardless of circumstances. (D)</p> Signup and view all the answers

In the event of a conflict between special and general laws, what is the general rule?

<p>The specific rule in general law prevails. (B)</p> Signup and view all the answers

What might constitute a valid excuse for repealing a law?

<p>A later law that negates an element of the offense. (C)</p> Signup and view all the answers

What does legislative history help courts to ascertain?

<p>Legislative intent (B)</p> Signup and view all the answers

What may compel a court to resort to extrinsic aids of statutory construction?

<p>Absurdity or injustice in application (B)</p> Signup and view all the answers

Which aspect is NOT typically included in pre-enactment history?

<p>Committee reports on the bill (C)</p> Signup and view all the answers

Which of the following refers to the environment existing at the time of a law’s passage?

<p>Contemporaneous circumstances (B)</p> Signup and view all the answers

What type of history documents actions taken during legislative deliberation?

<p>Enactment history (D)</p> Signup and view all the answers

What may courts prioritize over strict adherence to statutory ambiguity?

<p>Clarity of legislative purpose (A)</p> Signup and view all the answers

What is included in post-enactment history?

<p>Subsequent developments and interpretations (D)</p> Signup and view all the answers

Which of the following is NOT an example of extrinsic aids in statutory construction?

<p>Statutory language (D)</p> Signup and view all the answers

Flashcards

Principle of Effectiveness

Interpreting a statute to fulfill its intended purpose. This emphasizes the practical effect of the law rather than just sticking to the literal wording.

Textualism

A method of interpreting the law focusing solely on the text itself. This approach avoids using outside sources or considering legislative intent.

Intentionalism

A method of interpreting the law by examining the legislative intent behind a statute. This includes looking at legislative history and debates.

Purposivism

A method of understanding the law by considering the problem the legislature intended to solve. This considers broader societal goals and aims.

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Separation of Powers

The principle that the three branches of government, legislative, executive, and judicial, have distinct powers and responsibilities.

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Hierarchy of Laws

The ranking of laws, starting with the Constitution as the highest law. Lower-level laws must be consistent with the Constitution.

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Stare Decisis

The principle that courts should follow previous rulings in similar cases. This promotes consistency and predictability in the legal system.

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Bill Passage

The process by which a bill is passed into law. This involves drafting, introduction, debate, voting, and ultimately, presidential approval.

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Legislative History

Historical background and documents used to interpret a law.

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Extrinsic Aids

Materials used in addition to the actual text of a law to understand its meaning.

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Pre-Enactment History

Circumstances related to the initial drafting and introduction of a law.

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Enactment History

Debates and actions taken during the process of creating a law.

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Post-Enactment History

Events and interpretations that happen after a law is passed.

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Contemporaneous Circumstances

The conditions and issues that existed when a law was created.

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Examples of Legislative History

Examples of legislative history: Committee reports, drafts, amendments, etc.

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Why is Legislative History Used?

Courts use legislative history to determine the intended meaning of a law, especially when the text is unclear.

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Expressio unius est exclusio alterius

A rule of statutory interpretation that states when a statute explicitly mentions certain things, it implicitly excludes other things not mentioned.

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Doctrine of Necessary Implication

This doctrine allows courts to interpret a statute to cover situations not explicitly mentioned in the text when necessary to fulfill the statute's overall purpose.

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Reading a Statute as a Whole

When interpreting a statute, courts must consider the entire document, including all clauses, provisions, and sections, to ensure a consistent understanding of the law.

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Context and Related Clauses

Statutes should be interpreted in light of their surrounding provisions, taking into account the context and intent of the law.

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Obiter Dictum

Judicial remarks made in passing that aren't essential to the decision, but can provide guidance in interpreting statutes.

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Extrinsic Aids of Construction

Tools of interpretation that are found outside the words of a statute itself, such as legislative history or expert opinions.

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General Extrinsic Aids

Extrinsic aids that help understand the meaning of the words used in a statute, like legislative history or debates.

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Plenary Debates in Congress

Notes taken during legislative debates that can be used to understand the intent behind a law.

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Presumption of Justice

When there's doubt in how laws should be applied, courts assume the lawmakers aimed for fairness and justice.

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Specific Laws vs. General Laws

Specific laws usually provide more detailed guidance for particular situations, compared to broader and general laws.

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Repeal by Later General Law

A later and more general law can override earlier, conflicting specific laws.

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General Rule in Special Law

If a special law has a general rule, and a general law has a specific rule, the specific rule from the general law takes precedence.

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Ubi lex non distinguit

If the legislature doesn't make distinctions while writing a law, the courts shouldn't make distinctions in interpreting it.

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Dura lex sed lex

The law should be applied consistently, even if it's difficult, because it's still the law.

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General Rule in Law Application

The law should be applied equally to everyone without making distinctions.

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Exceptions to Legal Rules

Exceptions to a rule can be valid if they negate an essential element of the offense.

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Legislative Power

The power of Congress to create, amend, or repeal laws. It's based on Section 1, Article VI of the 1937 Philippine Constitution. Congress is granted this power by the people, who can also exercise it directly through initiatives and referendums.

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Original Legislative Power

The power belongs to the people and is the highest form of legislative authority. It’s the source from which all other legislative powers stem from.

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Derivative Legislative Power

The kind of power given to legislative bodies, like Congress, to make laws. This power is subordinate to the original power held by the people.

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Close Interpretation

An approach to interpretation that focuses on the precise meaning of words, taking them in their narrowest sense. It's also known as literal interpretation.

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Extensive Interpretation

Also known as Liberal Interpretation, this method emphasizes a broader understanding of words and the overall intent of the law.

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Legislative Intent

The process of finding the true meaning and intent of a law so that it can be effectively implemented.

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Legislative Footprints

Clues left behind by the legislature that reveal their intended meaning and purpose while creating a law.

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Judicial Power to Interpret

The authority of courts to explain the meaning of laws. However, they can't change the laws themselves, they just interpret them.

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Meaning of 'Including'

The term 'including' followed by an enumeration of items or situations is non-exclusive, meaning there are other items or situations not listed that may still fall under the scope of the statute.

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Duration of Years, Months, and Days

Years are assumed to be 365 days, months are 30 days unless specified otherwise, and days are a full 24-hour period. Nights are defined as sunset to sunrise.

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Counting the First and Last Days

When calculating periods of time, the first day is excluded, but the last day is included.

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Plural and Singular Words

Words in plural form are often interpreted to apply to both singular and plural contexts, and vice versa. For example, a statute referring to 'people' may apply to a single person.

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Implied Provisions

Courts may infer provisions or actions necessary to give full effect to the law's intent, even if not explicitly stated. This principle acknowledges that statutes can't foresee every scenario.

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Casus Omissus

This principle considers an omission or absence of a provision in a statute to be intentional, suggesting the legislature deliberately chose not to include it.

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Intentional Omission

When a provision is missing from a statute, the legislature likely intended to exclude it.

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Full Effect to the Law

Courts use this principle when trying to understand the true meaning of a statute, even if not explicitly stated.

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Study Notes

Statutory Construction

  • Law encompasses all rules of action, encompassing physical, state, and divine law.
  • Law must promote justice, be obligatory, originate from a legal authority, and benefit the common good.
  • Natural law connects law to external principles (religious, divine). Classifications include physical law (governing non-free entities), moral law (right and wrong).
  • Positive law is established by authority, independent of moral considerations. Types include divine law, revealed by God, public law, divine human positive law, created by church authorities.
  • Sources include legislation (historically House and Senate, now President), precedent (past case decisions), and customs (established practices). Court decisions are also a source, serving as evidence of law.
  • Statutory interpretation (construction) seeks legislative intent when language is ambiguous, using effective interpretation principles and maxims. Theories of interpretation include textualism (prioritizing text), intentionalism (focusing on legislative intent), and purposivism (focusing on outcome).

Passage of a Bill

  • Bill drafting: Proposed by any member of the House of Representatives or Senate, or government agencies.
  • First reading: Bill is read by number and title, referred to the appropriate committee(s).
  • Committee consideration: Committee hearings and discussions.
  • Second reading: Bill is read in its entirety, followed by amendments.
  • Third reading: Recitation of the bill's final version.
  • Bicameral conference committee resolves conflicts between the House and Senate versions.
  • Enrollment & Ratification: Finalized bill is signed by the House and Senate secretaries.
  • Presidential action: The President may sign or veto the bill; if no action is taken within 30 days, the bill becomes law.
  • Publication and Implementation: The law is published, taking effect after a designated period unless specified otherwise.

Parts of Statutes

  • Title: A general statement of the act's subject matter.
  • Preamble: Declares reasons behind the enactment, though not essential to a law's validity or source of governmental power.
  • Enacting clause: Stating the act's authority.
  • Body: Contains the subject matter and provisions of the law with exceptions and provisos if any.
  • Exceptions and provisos: Statements that restrict or qualify the generality of the language in a law.

Basic Principles

  • Separation of Powers: Limits judicial power to law interpretation.
  • Hierarchy of Laws: Constitution is supreme.
  • Stare Decisis: Following precedent in law interpretation.

Statutes' Validity and Constitutionality

  • Actual Case or Controversy: Must be a dispute between parties.
  • Proper Party or Locus Standi: Parties involved must have a stake in the outcome and a valid claim.
  • Earliest Opportunity: The constitutional issue is raised as early possible in the proceedings. Exceptions to this, by circumstance, may be raised at a later time.
  • Validity related to legislative process, the Constitution, and legislative intent guides the test of sufficiency of the statute.
  • Statutes are subject to review based upon the constitutional parameters for statute passage, constitutional standards, and judicial review.
  • The test of the sufficient nature of titles requires statutes to broadly state the subjects and implications.

Interpretation and Construction

  • Verba legis: Applying the literal meaning of the law's words when clear.
  • Ratio legis: Considering the law's reason and spirit for unclear sections.
  • Extrinsic aids: Supplementary materials such as legislative history, contemporaneous circumstances, interpretation of other statutes, prior court decisions, to aid understanding.
  • Courts must resolve legal conflicts using existing laws.
  • Statutory interpretation frameworks help interpret legislation and legislative intent.

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