Presumptions

In construing the a doubtful or ambiguous statute, the courts will presume

that it was the intention of the legislature to enact a valid, sensible and just law,

and one which should change the prior law no further then may be necessary to

eectuate the specic purpose of the act in question.

1. Presumptions against unconstitutionality

aws are presumed constitutional. !o justify nullication of law, there

must be clear and unequivocal breach of the constitution.

". Presumptions of #alidity

$very statute passed by the legislature is resumed to be valid because

the legislature is supposed to have considered the question of its validity.

%. Presumptions of &ood faith

In case of interpretation of a statute, it is presumed that the legislature

had good motives in having considered and adopted a particular law.

'. Presumptions against injustice

In case of doubt in the interpretation or application of laws, it is

presumed that the lawma(ing body intended right and justice to prevail.

). Presumptions against inconsistency

 !he mind of the lawma(ing body is presumed to be consistent. In case

of doubt therefore, such a construction should be adopted as will ma(e all

the provision of the statute consistent with one another and with the

entire act.

*. Presumption against absurdity

It is presumed that the legislature does not intend that absurdity will

+ow from its enactment.

. Presumptions against ineectiveness

It is presumed that the lawma(ing body does not intend to adopt laws,

which are unnecessary and ineective.

-. Presumptions against irrepealable laws

It is presumed that the lawma(ing body does not intend that its law

shall be irrepealable.

. Presumptions against implied repeals

/epeals by implication is not favored.

10.Presumptions against violation of public policy

 

It is presumed that the legislature designs to favor and foster rather than

contravene, that public policy which is based upon the principles of

natural justice, good morals, and the settled wisdom of the laws as

applied to ordinary aairs of life.

11.Presumption of (nowledge of eisting laws

In enacting a law, the lawma(ing body presumed to have full

(nowledge of all eisting laws on the subject.

1".Presumption of acquiescence to judicial construction

2hen the court has construed a statute in particular manner, and the

lawma(ing body made no move to alter or amend the said statute, it is

presumed that legislature has acquiesced in that interpretation.

1%.Presumptions of jurisdiction

3 statute will not be construed in such a manner as to oust or restrict

the jurisdiction of superior courts, or to vest a new jurisdiction in them,

unless there are epress words or a necessary implication to that eect.

1'.Presumption of acting within the scope of authority

It is presumed that the legislature acted within the scope of its

authority.

1).Presumption against violation of international law

It is presumed that a statute is in conformity with the rules and

principles of international laws, or with treaties, in line with section ",

article II, of the constitution.