Finals Statcon

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ELS: Statutory Construction Finals Q&A Twenty19 1 Answered by: Rae 1. What does the rule “grant of power includes all incidental powers necessary to make the exercise thereof” means? Answer: When a general power is conferred or duty enjoined, every particular power necessary for the exercise of one or the performance of the other is also conferred. The incidental powers are those which are necessarily included in, and are therefore of lesser degree than the power granted. 2. What are the exceptions to the rule stated above? Answer: The principle that the grant of power includes all incidental powers necessary to make the exercise thereof effective implies the exclusion of those which are greater that that conferred. Thus: Power of supervision does not include power to suspend or removal Power to reorganize does not include the authority to deprive the courts certain jurisdiction and to transfer it to a quasi-judicial tribunal Power to regulate business does not include power to prohibit 3. Define and state the reasons of the following maxims: a. Redendo sinngula singulis Answer: Reddendo singula singulis is a Latin term that means by referring each to each; referring each phrase or expression to its corresponding object or let each be put in its proper place, that is, the words should be taken distributively. As a rule, it requires that the antecedents and consequences should be read distributively to the effect that each word is to be applied to the subject to which it appears by context most appropriately related and to which it is most applicable. b. Casus omissus pro omisso habenus est Answer: The rule of Casus omissus pro omisso habenus est states that a person, object or thing omitted from an enumeration must be held to have bean omitted intentionally. The maxim operates and applies only if and when the omission has been clearly established, and in such a case what is omitted in the enumeration may not, by construction, be included therein. The rule does not apply where it is shown that the legislature did not intend to exclude the person, thing or object from the enumeration. c. Ejusdem generis Answer: It means of the same kind, class, or nature. In statutory construction, the "ejusdem generis rule" is that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. The purpose of the rule is to give effect to both particular or general words, by treating the particular words as indicating the class and the general words as indicating all that is embraced in said class, although not specifically named by the particular words. Limitations of ejusdem generis · Requisites: Statute contains an enumeration of particular & specific words, followed by general word or phrase Particular and specific words constitute a class or are the same kind Enumeration of the particular & specific words is not exhaustive or is not merely by examples There is no indication of legislative intent to give the general words or phrases a broader meaning Rule of ejusdem generis, is not of universal application; it should use to carry out, not defeat the intent of the law. d. Noscitur a sociis Answer: A latin term for 'it is known by the company it keeps', it is the concept that the intended

description

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Transcript of Finals Statcon

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ELS: Statutory Construction Finals Q&A Twenty19 1

Answered by: Rae

1. What does the rule “grant of power includes all incidental powers necessary to make theexercise thereof” means?

Answer: When a general power is conferred or duty enjoined, every particular power necessary for theexercise of one or the performance of the other is also conferred. The incidental powers are those whichare necessarily included in, and are therefore of lesser degree than the power granted.

2. What are the exceptions to the rule stated above?Answer: The principle that the grant of power includes all incidental powers necessary to make theexercise thereof effective implies the exclusion of those which are greater that that conferred. Thus:

• Power of supervision does not include power to suspend or removal• Power to reorganize does not include the authority to deprive the courts certain jurisdiction and

to transfer it to a quasi-judicial tribunal• Power to regulate business does not include power to prohibit

3. Define and state the reasons of the following maxims:

a. Redendo sinngula singulisAnswer: Reddendo singula singulis is a Latin term that means by referring each to each; referring eachphrase or expression to its corresponding object or let each be put in its proper place, that is, the wordsshould be taken distributively. As a rule, it requires that the antecedents and consequences should beread distributively to the effect that each word is to be applied to the subject to which it appears bycontext most appropriately related and to which it is most applicable.

b. Casus omissus pro omisso habenus estAnswer: The rule of Casus omissus pro omisso habenus est states that a person, object or thing omittedfrom an enumeration must be held to have bean omitted intentionally. The maxim operates and appliesonly if and when the omission has been clearly established, and in such a case what is omitted in theenumeration may not, by construction, be included therein. The rule does not apply where it is shownthat the legislature did not intend to exclude the person, thing or object from the enumeration.

c. Ejusdem generisAnswer: It means of the same kind, class, or nature. In statutory construction, the "ejusdem generisrule" is that where general words follow an enumeration of persons or things, by words of a particularand specific meaning, such general words are not to be construed in their widest extent, but are to beheld as applying only to persons or things of the same general kind or class as those specificallymentioned. The purpose of the rule is to give effect to both particular or general words, by treating theparticular words as indicating the class and the general words as indicating all that is embraced in saidclass, although not specifically named by the particular words.

Limitations of ejusdem generis ·

Requisites: • Statute contains an enumeration of particular & specific words, followed by general word or

phrase • Particular and specific words constitute a class or are the same kind • Enumeration of the particular & specific words is not exhaustive or is not merely by examples • There is no indication of legislative intent to give the general words or phrases a broader

meaning

Rule of ejusdem generis, is not of universal application; it should use to carry out, not defeat the intentof the law.

d. Noscitur a sociis

Answer: A latin term for 'it is known by the company it keeps', it is the concept that the intended

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meaning of an ambiguous word depends on the context in which it is used. Under the doctrine ofnoscitur a sociis, where a particular word or phrase is ambiguous in itself or equally susceptible ofvarious meanings, its correct construction may be made clear and specific by considering the companyof words in which it is found or with which it is associated.

e. Ubi lex non distinguit, nec nos ditinguere debemus

Answer: It means, where the law does not distinguish, courts should not distinguish. General term orphrase should not be reduced into parts and one part distinguished from the other to justify itsexclusion from operation. Where the law does not make any exception, courts may not exceptsomething therefrom, unless there a compelling reason to justify it. The presumption is that thelegislature made no qualification in the general use of a term.

f. cessarte ratione legis, cessat ety ipsa lexAnswer: The meaning of the maxim is when the reason of a law ceases, the law itself ceases. Thismeans that no law can survive the reasons on which it is founded. It needs no statute to change it; itabrogates itself. If the reasons on which a law rests are overborne by opposing reasons, which in theprogress of society gain a controlling force, the old law, though still good as an abstract principle, andgood in its application to some circumstances, must cease to apply as a controlling principle to the newcircumstances.

4. When can departure from literal interpretation of the statutes be done in the light of the maxim,Dura lex sed lex?

Answer: When what the legislature had in mind is not accurately reflected in the language of thestatute, resort is had to the principle that the spirit of the law controls its letter.

5. A ten year old girl, was requested by an American tourist to teach his niece the Filipinolanguage. Trustingly, the girl went to the apartment of the American stranger and there she wasraped 10 times and was detained for 4 days. This American was able to escape from jail andavoid punishment. An award of Php 10 million was granted to the child for damages. A writ ofattachment was issued against the dollar bank deposit of the American tourist in PNB andCentral Bank. But the 2 banks refused to honor the same invoking sec. 8 of RA 6426, whichprovides in part “...that foreign currency shall be exempt from attachment, garnishment or anyorder of the court...”Issue: Whether or not a dollar bank deposit in a Philippine bank of a foreign tourist can beattached to satisfy moral damages awarded to the latter's raped victim.Held?

Answer: Supreme Court ruled that the questioned law makes futile the favorable judgment and award ofdamages that Salvacion and her parents fully deserve. It then proceeded to show that the economicbasis for the enactment of RA No. 6426 is not anymore present; and even if it still exists, the questionedlaw still denies those entitled to due process of law for being unreasonable and oppressive. Theintention of the law may be good when enacted. The law failed to anticipate the iniquitous effectsproducing outright injustice and inequality such as the case before us.

Further, the SC said: “In fine, the application of the law depends on the extent of its justice.Eventually, if we rule that the questioned Section 113 of Central Bank Circular No. 960 which exemptsfrom attachment, garnishment, or any other order or process of any court, legislative body, governmentagency or any administrative body whatsoever, is applicable to a foreign transient, injustice wouldresult especially to a citizen aggrieved by a foreign guest like accused Greg Bartelli. This would negateArticle 10 of the New Civil Code which provides that “in case of doubt in the interpretation or applicationof laws, it is presumed that the lawmaking body intended right and justice to prevail.”(Salvacion v.Central Bank)

6. What are the different kinds of “aids to construction”?Answer:

1. title2. preamble3. context of whole text4. punctuation marks

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5. capitalization of letters6. headnotes or epigraphs7. lingual text8. intent or spirit of the law9. policy of law10. purpose of law or mischief to be suppressed11. dictionaries12. consequences of various constructions13. presumptions14. legislative history15. contemporaneous construction

7. What are the different mandatory and directory statutes?Answer: Whether a statute is mandatory or directory depends on whether the thing directed to be doneis of the essence of the thing required, or is a mere matter of form, what is a matter of essence canoften be determined only by judicial construction

• Considered directory – compliance is a matter of convenience; where the directions of a statuteare given merely with a view to the proper, orderly and prompt conduct of business; nosubstantial rights depend on it

• Considered mandatory – a provision relating to the essence of the thing to be done, that is, tomatters of substance; interpretation shows that the legislature intended a compliance with suchprovision to be essential to the validity of the act or proceeding, or when some antecedent andprerequisite conditions must exist prior to the exercise of the power, or must be performedbefore certain other powers can be exercised

Mandatory Statutes:• Statutes conferring power• Statutes granting benefits• Statutes prescribing jurisdictional requirements• Statutes prescribing time to take action or to appeal• Statutes prescribing procedural requirements• Election laws on conduct of election• Election laws on qualification and disqualification• Statutes prescribing qualifications for office• Statutes relating to assessment of taxes• Statutes concerning public auction sale

Directory Statutes• Statutes prescribing guidance for officers• Statutes prescribing manner of judicial action• Statutes requiring rendition of decision within prescribed period

Answered by: Apple

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Answers:

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1. No. The two elements of the offense covered by P.D. 9(3) must be alleged in the Information in orderthat the latter may constitute a sufficiently valid charged. The sufficiency of an Information isdetermined solely by the facts alleged therein. Where the facts are incomplete and do not convey theelements of the crime, the quashing of the accusation is in order.

In the construction or interpretation of a legislative measure, the primary rule is to search for anddetermine the intent and spirit of the law. Legislative intent is the controlling factor, for whatever iswithin the spirit of a statute is within the statute, and this has to be so if strict adherence to the letterwould result in absurdity, injustice and contradictions. Because of the problem of determining what actsfall within the purview of P.D. 9, it becomes necessary to inquire into the intent and spirit of the decreeand this can be found among others in the preamble or, “whereas" clauses.

It is a salutary principle in statutory construction that there exists a valid presumption that undesirableconsequences were never intended by a legislative measure, and that a construction of which thestatute is fairly susceptible is favored, which will avoid all objectionable, mischievous, indefensible,wrongful, evil, and injurious consequences.

2.

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Answered by Hanna:1. What is the Doctrine of Necessary Implication? When can it be applied? P. 254

The Doctrine of Necessary Implication is one of the rules in statutory construction to fill in the gap ofevery statute enacted. These are the so-called gaps in the law develop as the law enforced. It alsostates that what is implied in a statute is as much part thereof as that which is expressed.

It can be applied when the statute being enacted cannot provide all the details involved in itsapplication; and whenever there is an omission that may not meet a particular situation.

2. What may be implied from grant of jurisdiction? Give the exception and exception to the exceptions.P.259The grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ allwrits, processes and other means essential to make its jurisdiction effective. Where a court hasjurisdiction over the main cause of action, it can grant relief incidental thereto, even if they wouldotherwise be outside its jurisdiction.

Where a general power is conferred or duty enjoined, every particular power necessary for the exerciseof one or the performance of the other is also conferred. The incidental powers are those which arenecessarily included in, and are therefore of lesser degree than the power granted.

EXCEPTIONS: (NOT SURE )

Grant of power excludes greater power

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The principle that the grant of power includes all incidental powers necessary to make the exercisethereof effective implies the exclusion of those which are greater than that conferredo Power of supervision DOES NOT INCLUDE power to suspend or removalo Power to reorganize DOES NOT INCLUDE the authority to deprive the courts certain jurisdiction and totransfer it to a quasi-judicial tribunalo Power to regulate business DOES NOT INCLUDE power to prohibit

What is implied should not be against the law

· Power to appoint includes power to suspend or remove · Power to appoint a public officer by the President includes power to remove· Power to investigate officials DOES NOT INCLUDE the power to delegate the authority to taketestimony of witnesses whose appearance may be required by the compulsory process of subpoena. Nordoes such power to investigate include the power to delegate the authority to administer oath

Authority to charge against public funds may not be implied

It is well-settled that unless a statute expressly so authorizes, no claim against public funds may beallowed

EXCEPTION TO THE EXCEPTIONS (NOT SURE )

· Pari delicto doctrine will not apply when its enforcement or application will violate an avowedfundamental policy or public interestAnother exception is that when the transaction is not illegal per se but merely prohibited and theprohibition by law is designed for protection of one party, the court may grant relief in favor of the latter

3. What is the Doctrine laid down in the case of Guerrero v COMELEC in construing the word‘qualification’? As between the Const. which provides that the SET and HRET shall be the sole judge ofall contests relating to election, returns, and qualifications of their respective members and thecontention that the jurisdiction of HRET is limited only to the qualifications prescribes under ART6 of1987 CONST and all others are beyong the realm of HRET.

In the case of Guerrero vs COMELEC, the petitioner contends that the jurisdiction of the HRET as definedunder Article VI, Section 17 of the Constitution is limited only to the qualifications prescribed underArticle VI, Section 6 of the Constitution. Consequently, he claims that any issue which does not involvethese constitutional qualifications is beyond the realm of the HRET. The filing of a certificate ofcandidacy being a statutory qualification under the Omnibus Election Code is outside the pale of theHRET, according to him.The court ruled that this contention lacks cogency and is far from persuasive. Article VI, Section 17 ofthe Constitution cannot be circumscribed lexically. The word "qualifications" cannot be read as qualifiedby the term "constitutional." Ubi lex non distinguit noc nos distinguire debemos. Basic is the rule instatutory construction that where the law does not distinguish, the courts should not distinguish. Thereshould be no distinction in the application of a law where none is indicated. For firstly, the drafters ofthe fundamental law, in making no qualification in the use of a general word or expression, must haveintended no distinction at all. Secondly, the courts could only distinguish where there are facts orcircumstances showing that the lawgiver intended a distinction or qualification. In such a case, thecourts would merely give effect to the lawgivers intent.

4. What is the general usage of statutory construction unius est exclusion alterius? P. 324The unius est exclusion alterius is an expression of one or more things of a class implies the exclusion ofall not expressed, even though all would have been implied had none been expressed; opposite thedoctrine of necessary implication. It is generally used in the construction of statutes granting powers,creating rights and remedies, restricting common rights, and imposing penalties and forfeitures, as wellas those statutes which are strictly construed.

5. What is the doctrine of cassus omissos? Last Anteceedent? Reddeddo singuia singuis? P. 336

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The doctrine of cassus omissos states that a person, object, or a thing omitted from an enumerationmust be held to have been omitted intentionally.It operates only if and when the omission has beenclearly established, and in such a case is omitted in the enumeration mau not be included therein. Butthere is an exception, where legislature did not intend to exclude the person, thing or object from theenumeration. If such ;egislative intent is clearly indicated, the court may supply the omission if to do sowill carry out the clear intent of the legislature and will not do violence to its language.

The doctrine of last antecedent states that qualifying words restrict or modify only the words or phrasesto which they are immediately associated not those which are distantly or remotely located.

The doctrine of Reddeddo singuia singuis is a variation if the doctrine of last antecedent. It refers toeach phrase or expression to its appropriate object, or let each be put in its proper place, that is. Theword should be taken distributively.

6. What is a proviso? What can it do? What is its distinction to exception? What is a saving clause?

Generally, proviso is used to limit the application of the enacting clause, section or a provision of astatute, or except something to qualify or restrain its generality, or exclude some possible ground ofmisinterpretation of it, as extending to cases not intended by the legislature to be brought within itspurview. Its purpose is to limit or restrict the general language or operation of the statute, not toenlarge it. A proviso may enlarge scope of law. However, it is still the duty of the courts to ascertain the legislativeintention and it prevailsover proviso. Thus, it may enlarge than restrict. A proviso may also be anadditional legislation. Its purpose is to limit generalities, and exclude from scope of statute that wihichotherwise would be within its terms.

An exception consists of that which would otherwise be included in the provision from which it isexpected. It is a clause which exempts something from the operation of the statute by express words.Its function is to confirm the general rule; qualify the words or phrases constituting the general rule.However, doubts are resolved in favor of the general rule.

DISTINCTION

Exception:· Exempts something absolutely from the operation of statute· Takes out of the statute something that otherwise would be a part of the subject matter of it.· Part of the enactment itself, absolutely excluding from itsoperation some subject or thing that would otherwise fall within the scope.

Proviso:· Defeats its operation conditionally.· Avoids by way of defeasance or excuse· If the enactment is modified by engrafting upon it a new provision, by way of amendment, providingconditionally for-a new case- this is the nature of proviso.

Saving clause· Provision of law which operates to except from the effect of the law what the clause provides, or savesomething which would otherwise be lost.· Used to save something from effect of repeal of statute· Legislature, in repealing a statute, may preserve in the form of a saving clause, the right of the state toprosecute and punish offenses committed in violation of the repealed law.· Where existing procedure is altered or substituted by another, usual to save proceedings under the oldlaw at the time the new law takes effect, by means of saving clause· Construed: in light of intent by legislature· Given strict or liberal meaning depending on nature of statute

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Answered by: Rae1. What is the reason given in the case of Nestle Philippines Inc. v. Court of Appeals regarding the

interpretation of an administrative government agency in the statutory construction?Answer: The rationale for this rule relates not only to the emergence of the multifarious needs of amodern or modernizing society and the establishment of diverse administrative agencies for addressingand satisfying those needs; it also relates to accumulation of experience and growth of specializedcapabilities by the administrative agency charged with implementing a particular statute. 8 In AsturiasSugar Central, Inc. v. Commissioner of Customs the Court stressed that executive officials are presumedto have familiarized themselves with all the considerations pertinent to the meaning and purpose of thelaw, and to have formed an independent, conscientious and competent expert opinion thereon. Thecourts give much weight to contemporaneous construction because of the respect due the governmentagency or officials charged with the implementation of the law, their competence, expertness,experience and informed judgment, and the fact that they frequently are the drafters of the law theyinterpret.

2. What is the weight given to a contemporaneous construction in Philippine Sugar Central vCollector of Customs?

Answer: The court reasoned in the affirmative by saying “the language of the Act could have been mademore specific and certain, but in view of its history, its long continuous construction, and what has beendone and accomplished by and under it, we are clearly of the opinion that the government is entitled tohave and receive the money in question, even though the sugar was shipped from a private wharf.”

The underlying principle of all construction is that the intent of the legislature should be soughtin the words employed to express it, and that when found it should be made to govern, . . . if the wordsof the law seem to be doubtful import, it may then perhaps become necessary to look beyond them inorder to ascertain what was in the legislative mind at the time the law was enacted; what thecircumstances were, under which the action was taken; what evil, if any, was meant to beredressed; . . . And where the law has contemporaneously been put into operation, and in doing so aconstruction has necessarily been put upon it, this construction, especially if followed for someconsiderable period, is entitled to great respect, as being very probably a true expression of thelegislative purpose, and is not lightly to be overruled, although it is not conclusive.

Courts will give weight to the contemporaneous construction placed upon a statute by theexecutive officers whose duty it is so enforce it, and, unless such interpretation is clearly erroneous, willordinarily be controlled thereby.

3. Give the rules on contemporaneous construction.1. Where there is doubt as to the proper interpretation of a statute, the uniformconstruction placed upon it by the executive or administrative officer charged with itsenforcement will be adopted if necessary to resolve the doubt.2. Contemporaneous construction disregarded , when there is no ambiguity in the law. If itis clearly erroneous, the same must be declared null and void.3. Erroneous contemporaneous construction does not preclude correction nor createrights; exceptions:• The doctrine of estoppel does not preclude correction of the erroneous construction by

the officer himself by his successor or by the court in an appropriate case.• An erroneous contemporaneous construction creates no vested right on the part of

those relied upon, and followed such construction.

4. What is the effect of re-enactment by the legislative body?Answer: Where a statutes has received a contemporaneous and practical interpretation and the statuteas interpreted is reenacted, the practical interpretation is accorded greater weight than it ordinarilyreceives, and is regarded as presumptively the correct interpretation of the law.

5. Define:a. Verbal legis non est recedendum: From the words of the statute there should be no departure.b. Dura lex sed lex: The law may be harsh,but that is the law.c. Maledicta est exposition quae corrumpit textum: It is dangerous construction which is againstthe text.d. Verba intentioni, non e contra, debent inservire: Words ought to be more subservient to the

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intent and not the intent to the words.e. Cessante ratione legis, cessat et ipsa lex: When the reason of the law ceases, the law itselfceases.

Answered by Era: 1. What is a saving clause?

Answer: A saving clause is a clause in a provision of law which operates to except from the effect of thelaw what the clause provides, or to save something which would otherwise be lost. It is usually used toexcept or save something from the effect of a repeal of a statute. A saving clause should be construedin the light of the intent or purpose which the legislature had in mind in providing it in a statute, theprincipal consideration being to effectuate such intent or carry out such purpose.

2. see page 1 #3 a.

3. The doctrine of last antecedent is expressed in the rule of ad proximum antecedens fiat relationisi impediatur sentenial. What is the legal hermeneutics laid down by said doctrine?

Answer: Qualifying words restrict or modify only the words or phrases to which they are immediatelyassociated not those which are distantly or remotely located.Ad proximum antecedens fiat relatio nisi impediatur sententia – relative words refer to the nearestantecedents, unless the context otherwise requires Rule: use of a comma to separate an antecedent from the rest exerts a dominant influence in theapplication of the doctrine of last antecedent.

4. see page 1 #3 b

5. Application of expresso unius est exclusio alterius (The meaning of one thing implies theexclusion of another thing)

Answer: Generally used in construction of statutes granting powers, creating rights and remedies,restricting common rights, imposing rights & forfeitures, as well as statutes strictly construed.

***Expressio unius est exclusion alterius · • The express mention of one person, thing or consequence implies the exclusion of all others.• Rule may be expressed in a number of ways:

• Expressum facit cessare tacitum - what is expressed puts an end to that which is impliedwhere a statute, by its terms, is expressly limited to certain matters, it may not, byinterpretation or construction, be extended to other matters.

• Exceptio firmat regulam in casibus non exceptis - A thing not being excepted must beregarded as coming within the purview of the general rule

• Expressio unius est exclusion alterius – The expression of one or more things of a classimplies the exclusion of all not expressed, even though all would have been implied hadnone been expressed; opposite the doctrine of necessary implication

Limitations of the rule :1. It is not a rule of law, but merely a tool in statutory construction 2. Expressio unius est exclusion alterius, no more than auxiliary rule of interpretation to be ignored

where other circumstances indicate that the enumeration was not intended to be exclusive.3. Does not apply where enumeration is by way of example or to remove doubts only.

6. see page 2 #3 d

7. What is the difference between statutes in pari materia and in pari delicto?Answer: Statutes in pari materia are statutes sharing a common purpose or relating to the same subjectand which are construed together. Whereas, where a statute prohibits the doing of an act, the act donein violation thereof is by implication null and void, which is the rule in pari delicto.

8. Generally, words are construed in their ordinary sense. Give exceptions.Answer:

1. Words with commercial or trade meaning:“disposed of” ·

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Ordinary: parting away w/ something Merchant: to sell (this must be used)

2. Words with technical or legal meaning: “action” has acquired a well-defined meaning as an“ordinary suit in a court of justice by which one party prosecutes another for the enforcement orprotection of a right or prevent redress or wrong

3. A word or phrase repeatedly used in a statute will bear the same meaning throughout thestatute; unless a different intention is clearly expressed.“Year”- agricultural year not calendar year “Agricultural year” - represents 1 crop; if in 1 calendar yr 2 crops are raised that’s 2 agriculturalyears. (De la Paz v. Court of Agrarian Relations)

4. Word or phrase construed in relation to other provisions: The Court construed “recall” in relationto Sec.69 which states that, “the power of recall… shall be exercised by the registered voters ofan LGU to which the local elective official belongs.” Hence, not apply to all recall proceedingssince power vested in electorate is power to elect an official to office and not power to initiaterecall proceedings. (Claudio v. COMELEC)

5. The context in which the word or term is employed may dictate a different sense:Krivenko v. Register of Deeds · Statute: lands were classified into timber, mineral and agricultural · Word “agricultural” – used in broad sense to include all lands that are neither timber, normineral, such being the context in which the term is used.Answered by RJ:

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Answered by Apple and Lala

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1. State the difference of Amendment, Revision, Codification and Repeal.Amendment means the change or modification, by addition, deletion, or alteration, of a statute whichsurvives in its amended form. The amendment of statute is effected by the enactment of anamendatory act modifying or altering some provisions of the statute either expressly or impliedly.Repeal is the annulment or abrogation of a previously existing statute by the enactment of a later lawthat revokes the former law.The revocation of the law can either be done through an express repeal, whereby a statute specificallyindicates that the former law shall be revoked and abrogated, or through an implied repeal, which ariseswhen the later statute contains provisions that are so contrary or irreconcilable with those of the priorlaw that only one can remain in force.The repeal of a law differs from the amendment thereof, because the amendment of a law involvesmaking a change in a law that already exists, leaving a portion of the original still standing. When a lawis repealed, however, it is completely abrogated.Codification is the collection and systematic arrangement, usually by subject, of the laws of a state orcountry, or the statutory provisions, rules, and regulations that govern a specific area or subject of lawor practice.Revision means the act of changing, altering, amending or reenacting laws.The purpose of revision and codification is to restate the existing laws into one statute, simplifycomplicated provisions, and make the laws on the subject easily found.

2. Rationale behind the Statutes that are given prospective effect. Give the general rule. Give theexception/s, if any. Give at least 5 examples.It is a well-settled rule of statutory construction that statutes are to be construed as having onlyprospective operation, unless the intendment of the legislature to give them a retroactive effect isexpressly declared or is necessarily implied from the language used.The rule that laws operate prospectively and not retroactively, unless the intention to the contraryappears, is embodied in Article 4 of the Civil Code. Said article provides that “laws shall have no

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retroactive effect, unless the contrary is provided.” The rule is expressed in the maxim: Lex propicit, nonrespicit, or the law looks forward, not backward; and lex de future, judex de praeterito, or the lawprovides for the future, the judge for the past.The reason for the general rule, as embodied in Article 4 of the Civil Cide, is that a law is a ruleestablished to guide actions with no binding effect until it is enacted; hence, it has no application topast but only to future times.The provision authorizing the retroactive application of penal laws favorable to the accused is one of theexceptions to the general rule that all laws operate prospectively.The general rule that statutes are prospective and not retroactive does not ordinarily apply toprocedural laws. The general rule against giving statutes retroactive operation whose effect is to impairthe obligations of contract or to disturb vested rights does not prevent the application of statutes toproceedings pending at the time of their enactment where they neither create new nor take awayvested rights. A new statute which deals with procedure only is presumptively applicable to all actions –those which have accrued or are pending.Curative remedial statutes are healing acts. They are remedial by curing defects and adding to themeans of enforcing existing obligations. Curative statutes are intended to supply defects, abridgesuperfluities in existing laws and curb certain evils.

4. Main objective of statutory constructionThe cardinal rule in the interpretation of all laws is to ascertain, and give effect to, the intent of the law.Hence, “the true object of all interpretation is to ascertain the meaning and will of the law-making body,to the end that it may be enforced.” The purpose of all rules or maxims in interpretation is to discoverthe true intention of the law. They are only valuable when they sub serve this purpose.