Statutory Construction Notes (Chapter 3 and Chapter 4

)
dying then you stated in your last will and
testament, then you really died and now
your heirs imong mga sumusunod wanted
to share that property. They can’t do that
just yet even if there’s a last will and
testament. It needs to be approved by the
court. That’s what we call “Probate
Proceedings”. In probate proceedings, it
must be established that the last will and
testament followed the formalities of a
will. If you cannot follow that, in case of
doubt, the construction is always against
the validity of the will because the
decedent is already dead he cannot
defend for himself, he cannot speak for
himself because….dead men tell no tale.
Patay na, unsaon ta man?ok.)

CHAPTER 3: CARDINAL RULES OF
CONSTRUCTION
(#Okay, cardinal rule, of course the only or we
need to construe a law to ascertain legislative
that’s the number cardinal rule.)

Ascertain legislative intent
- Statute as a whole
- Not isolated part or provision
- Once known, no other choice but to
apply it
#so if the language is clear, there is no
need to ascertain legislative intent
because when we say to ascertain
legislative intent, in other words there is
ambiguity. No need to ascertain if there’s
no ambiguity. Once clear, no other choice
but to apply it literally.
- If transparent, construction dispensed
with
Factors to consider when to liberally or
strictly construe a statute
- Former law on the matter
- Persons or matters with which it deals
- Letter or language of the law
- Purposes and objects of the statute

-

Naturalization laws, how construed
- In case of doubt, strictly construed in
favor of the government against the
applicant (#just remember, why do we
naturalized? Somebody else wants to
become a Filipino and pila na ta ka
pilipino? 100 million. Pila nana ka
badlungon dira dugangan pag is aka
badlungon,
diba?
So,
that’s
why
naturalization laws against the applicant.)

Statutes in derogation (…#if it is about
common rights, remember that you are a plain
citizen, individual, powerless defenseless against
the state. There is a law that takes away
something from your rights. When you construe
in case of doubt, the construction should be in
your favor and against the statute that derogates
your common rights) of

common rights, how construed
- In case of doubt
- Strictly construed against the law
- In favor of common rights
Common rights, example
- Personal liberty
- Property
- Freedom of contract
- Exercise of any trade or profession
Statutes prescribing formalities of wills,
how construed
- In case of doubt (#so if you are
confronted with the problem decide first
whether or not there is doubt, if no doubt
go directly to the literal interpretation, no
need for construction), strictly construed

against the validity of the will since
the testator is already dead (#do you
understand this concept? Okay, you’re

“dead men tell no tale”
Failure to comply with required written
formalities
Fatal
The will cannot be admitted to probate

-

Requirements for naturalization must
be complied to the letter to ensure
that undesirable
aliens are not
naturalized

Statute conferring rights of eminent
domain, how construed (#again, this is
about the will of individual against the entire
resources of the government. If something is
taken away from you by the government.
Eminent domain, taking away
of private property for public use upon payment
of just compensation.)

-

-

In case of doubt, against the
government (#because the people are
plain
individual,
powerless
and
defenseless. So, there must be a law that
somehow rescues or protects you.)

It derogates private rights to property
and ownership

Statues granting rights to laborer, how
construed
- In case of doubt, liberally construed in
favor of labor

You have moved on.) Ex post facto law and bill of attainder (#sometimes. exception . or make it greater than it was. Creates new obligations Imposes new duties Attaches disability in respect of transactions or consideration Already past (#humana man. effect .) An ex post facto law is any of the following: (#study. that’s going to be ex post facto law. such as protection of a former conviction or acquittal. or a proclamation of amnesty Test whether the ex post facto clause of the Constitution is violated  Does the retroactive application of the law take form the accused any right that was regarded at that time as vital for the protection of life and liberty? (#if you take away something from this. Okay. it can be done. just remember that if ex post facto law there is “ex” meaning niagi na so retroactive effectivity.If it favors the accused Exception to the exception .) A law which deprives a person accused of a crime of some lawful protection to which he has become entitled. you cannot pass an ex post facto law. strictly against the taxpayer .Vested rights (#vested. when committed A law which changes the punishment and inflicts a greater punishment than that annexed to the crime when committed A law which alters the legal rules of evidence. Bill of attainder is what? Not really prospective but. but in effect imposes penalty or deprivation of a right for something which when done was lawful (#bottom line here is. meaning. it inflicts punishment without the benefit of judicial trial. how construed . EXCEPT if favorable to the accused.Statutory Construction Notes (Chapter 3 and Chapter 4) - Labor law is social legislation (#we are talking here about social justice. distinguished  Prospective – applies to such facts and causes after its enactment  Retrospective – applies to such facts and causes before its enactment  General rule – statutes are construed prospectively unless clearly stated otherwise in the statute  In case of doubt  Resolved against retrospective effect  In favor of prospective construction - - - - - Retrospective application of law. maglibog ta asa ani nila. and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense A law which assumes to regulate civil rights or remedies only. - nahatag na sa imo) Acquired under existing laws. the labor code is social legislation. sir might make situations out of these) Statutes granting tax exemption. Ok.In case of doubt. And these are the exceptions provided in the constitution. and punishes such act A law which aggravates a crime.Taxation is the lifeblood of the government (#No taxes.) A law which makes criminal an act done before the passage of the law and which was innocent when done. So don’t revisit the past! Hahahahahaha)   Section 22.) Ex post facto law prohibited.Takes away or impair . but that ex post facto law is applicable only to criminal cases. Lol) STEAL!!! Prospective and retrospective interpretation. Article III of 1987 Constitution No ex post facto law or bill of attainder shall be enacted (#remember that you said congress can legislate anything under the sun BUT subject to certain exceptions/limitations. which is which. NOTHING TO HAHAHAHA. you cannot disturb the past anymore. if it Scope of prohibition against ex post facto law  Applies only to criminal or penal matters  Not to laws which concern civil proceedings generally (#but sometimes  in procedural matters. no money in the government. They cannot legislate ex post facto law.) aggravates the situation of the accused.) Which affect or regulate civil or private rights or political privilege (#first premise. Make sense. They cannot even do bill of attainder.

he disregarded the present law and he wanted to invoke the old law. defined  Legislative act which inflicts punishment without judicial trial (#and Bill of pains and penalties.Apparent inaccuracies and mistakes in mere verbiage or phraseology will be overlooked to give effect to the spirit (#again. purpose  Gives effect – both specific and general words  Particular words indicate the class and the general includes all embraced in said class although not specifically named (#bottom line here is that. injustice. only in case of doubt you construe) Index animi sermo est . But not all the time. what is in your mind comes out in your mouth. the general term is construed to include those things or persons of the same class as those specifically enumerated  Example: Trustees. Again.It must be given its literal meaning . it does not apply) - Where the accused disregards the latter law and invokes the prior statute under which he was prosecuted (#nagbuot-buot siya. plain and free from ambiguity . because of ejusdem generis you need not enumerate everything in the law because there’s a possibility that when you try to enumerate everything you might forget something. now.Where the statute is clear. Ok?) of when we say bill of attainder.. defined  If the punishment be less than death the interpretation)  When the language of a particular provision of law admits of two interpretation The one that gives effect to the intent must be followed Statutes must be construed to avoid injustice Ejusdem generis  Where general term follows particular things. they are to be read distributively .Speech is the index of intention (#in other words. attorneys at laws and other persons  “other persons” – only such persons in similar position of trust like guardians Ejusdem generis.The law may be harsh. So.meaning buhi paka mao ni ang bill of pains and penalties)  Verba legis or plain meaning rule . dba? Dura lex sed lex . the statute specifically says. The case of social justice when the court decided to look beyond the words of the law and went to the intent to serve its purpose which was –social justice to the SACADAS)  CHAPTER 4: PARTICULAR RULES OF CONSTRUCTION law Mens legislatories  Courts look into the following: -object to be accomplished -evils and mischief to be remedied -purpose to be subserved  Statute liberally construed to serve its purpose  Even if its literal interpretation says otherwise (#remember the case of the Bill of attainder.And applied without interpretation (#always remember. but it is still the law Ratio legis . agents. Ok?) Reddendo singular singulis  Doctrine of Collocation  Association between two words that are typically or frequently used together  Where the sentence has several antecedents and consequents. contradictions or defeat the plain purpose of the law . the court looks into the spirit of and reason for the law . this is liberal SACADAS.If adherence to the letter of the law leads to absurdity. exception to the exception – if there’s a general rule followed by the exception then there’s the exception to the exception. it is associated with death penalty. naunay sya. you go back to the general rule.ratio legis applies .In construing a statute. Any penalty lower than death.Statutory Construction Notes (Chapter 3 and Chapter 4) - If the accused is a habitual delinquent Statute provides it does not apply to existing statutes or pending cases (#in other words.

Each student enrolled in the class may either pass or fail.) Or verifiable from other parts of the statute .Only of it is palpable (#manifest) .Statutory Construction Notes (Chapter 3 and Chapter 4)       Antecedent – a word or phrase that a subsequent or consequent word refers to Consequent – a word or phrase that an antecedent word precedes Example: “Statutory Construction is an easy subject.And the omitted words are plainly indicated in the context (#what do you - understand with context? Kabantay mo anang nay mangutana ninyo “unsay meaning sa word nga kani?” you know the meaning but you cannot articulate it then the next that you do is gamita sa sentence. but the Professor somehow makes it difficult.Words of phrases may be supplied by the courts and inserted in a statute . without fear or favor.Where it is necessary to eliminate repugnancy and inconsistency to complete the sense and give effect to the intent .” Distributive – refers to each member of the group individually and separately Examples of distributive words: “each” “every” and “either” “Statutory Construction is an easy subject.” Noscitur a sociis - - Meaning of particular terms in a statute mat be ascertained but the reference to words Associated with or related to them in statute Casus omissus . Pag gamit sa sentence you now understand because there is now a context. but then the Professor somehow makes it difficult. conditions for application .” Expression unius est exclusion alterius  Mention of one things implies the exclusion of another  Example: “Female law students are required to wear uniform on a Monday. by accident or inadvertence Casus omissus.Used to supply omissions caused by clerical errors.