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PROVISOS, EXCEPTIONS AND CLAUSESProvisosTo limit the application of the enacting clause, section or provision of a statute, or except something, or to qualify or restrain its generality, or exclude some possible ground of misinterpretation of it, as extending to cases not intended b legislature to be brought within its purview.Proviso (cont.)Rule: restrain or qualify the generality of the enacting clause or section which it refers.Proviso (cont.)Purpose:Limit or restricts the general language or operation of the statute, not to enlarge it.Proviso (cont.)Location:Commonly found at the end of a statute, or provision and introduced, as a rule by the word ProvidedProviso (cont.)Determined by:What determines whether a clause is a proviso is its substance rather than its form. If it performs any of the functions of a proviso, then it will be regarded as such, irrespective if what word or phrase is used to introduced it.Proviso may enlarge scope of lawIt is still the duty of the courts to ascertain the legislative intention and it prevails over proviso.Thus it may enlarge, than restrictExampleUS v Santo NinoStatute: it shall be unlawful for any person to carry concealed about his person any bowie, knife, dagger, kris or any other deadly weapon: Provided, that this provision shat not apply to firearms in the possession of the persons who have secured a license therefore or who are entitled to same under provision of this Act.Held: through the Proviso it manifested the intention to include in the prohibition weapons other than armas blancas as specified.

Proviso as additional legislationExpressed in the opening statement of a section of a statute.Would mean exactly the reverse of what is necessarily implied when read in connection with the limitation.Purpose:To limit generalitiesExclude from the scope of the statute that which otherwise would be within its termsWhat proviso qualifiesGeneral rule: qualifies or modifies only the phrase immediately preceding it; or restrains limits the generality of the clause that it immediately follows.Exceptions: unless it clearly appears that the legislature intended to have a wider scope.Exception to the ruleProviso construed to qualify only the immediately preceding part of the section to which it is attached; if no contrary legislative intent is indicated.Where intent is to qualify or restrict the phrase preceding it or the earlier provisions of the statute or even the statute itself as a whole, then the proviso will be construed in that manner, in order that the intent of the law may be carried out.Repugnancy between the proviso and the provisionWhere there is a conflict between the proviso and the main proviso, that which is located in a later portion of the statute prevails, unless there is legislative intent to the contrary.Latter provision, whether provision or not, is given preference for it is the latest expression of the intent of the legislation.Exceptions, generallyException consists of that which would otherwise be included in the provision from which it is expected.It is a clause which exempts something from the operation of a statute but express words.except, unless otherwise and shall not applyMay not ne introduced by words mentioned above, as long as if such removes something from the operation of a provision of law.Exceptions, generallyFunction: to confirm the general rule; qualify the words or phrases constituting the general rule.Exceptio firmat regulam in casibus exceptis- a thing no being excepted, must be regarded as coming within the purview of the general rule.Doubts: resolved in favor of general rule.Exception and Proviso distinguishedException:Exempts something absolutely from the operation of statuteTakes 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 its operation some subject or thing that would otherwise fall within the scope.Exception and Proviso distinguishedProviso:Defeats its operation conditionally.Avoids by a way of defeasance or excuseIf the enactment is modified by engrafting upon it a new provision, by way of amendment, providing conditionally for a new case this is the nature of proviso.

Similar: in a way since one of the functions of proviso is to except something from an enacting clause.Saving ClauseProvision of law which operates to except from the effect of the law what the clause provides, or save something which would otherwise be lost.Used to save something from effect of repeal of statuteLegislature, in repealing a statute, may preserve in the form of a saving clause, the right of the state to prosecute and punish offenses committed in violation of the repealed law.Saving Clause (cont.)Where existing procedure is altered or substituted by another usual to save proceedings under the old law at the same time the new law take effect, by means of saving clauseConstrued: in light of intent by legislatureGiven strict or liberal meaning depending on nature of statute.Statute Construed as Whole and in Relation to other StatuteChapter SixSTATUTE CONSTRUED AS A WHOLEGenerallyStatute is passed as a wholeIt should have one purpose and one intentConstrue its parts and section in connection with other partsWhy? To produce a harmonious wholeSTATUTE CONSTRUED AS A WHOLENeverDivide by process of etymological dissertationSeparate the wordsSeparate contextBase definition on lexicographerThe whole point of this part is to construe the whole statute and its part together.

Intent ascertained from statute as wholeLegislative meaning and intent should be extracted/ascertained from statute as a wholeOptima Statuit Interpretatio est ipsum statum - the best interpreter of a statute is the statute itselfDo not inquire too much into the motives which influenced the legislative body unless the motive is stated in the statute themselvesPurpose or context as controlling guideConstrue whole statute and ascertain the meaning of the words or phrases base on its context, the nature of the subject, and the purpose or intention of the legislative body who enacted the statute.Give it a reasonable constructionLeeway are accepted on grammatically construction, letters of the statutes, rhetorical framework if it can provide a clear and definite statute.Harmonize the parts of each other and it should be consistent with its scope and objectGiving the effect to statute as a wholeWhy construe a statute as a whole?What if the provision/section is unclear by itself?How do you properly and intelligently construe a provision/statute?3 ways:1) Understand its meaning and scope2) Apply to an actual case3) Courts should consider the whole act itselfGiving the effect to statute as a wholeWhy should every part of the statute be given effect?Ways on how the courts should construe a statute (according o Republic v. Reyes):Interpret the thought conveyed in the statute as wholeConstrue constituent parts togetherAscertain legislative intent to form a whole partConsider each and every provision in light of general purposeMake every part effective, harmonious and sensibleGiving the effect to statute as a wholeUt res magis valeat quam pereatThe construction is to be sought which gives effect to the whole of the statute of its every word.Apparently conflicting provision reconciledIncluded in the rule of construing statute as a whole, is the reconciling and harmonizing conflicting provisions because it is by this that the statute will be given effect as a whole,Why is it a must for courts to harmonize conflicting provision?