STATUTORY CONSTRUCTTION

FINAL EXAM
November 15, 2014

I.
True or False. Write the word True on your test booklet if the
statement is correct and False if the statement is wrong.
1.

All provisions of the Constitution are self-executing.

2.
The proper interpretation of the Constitution depends more on the framers
understanding of it
than how it was understood by the people adopting it.
3.
The enactment of a later legislation which is a general law cannot be
construed to repeal a
special law.
4.
Where a special statute refers to a subject in general, which the general
statute treats in
particular, the provision of the latter, in case of conflict will
prevail.
5.
When there is irreconcilable repugnancy between a proviso and the body of a
statute, the latter prevails as latest expression of legislative intent.
6.
In case of conflict between a general provision of a special law and a
particular provision of a general law, the latter should prevail.
7.

A substantive law can be amended by a procedural law.

8.
Whenever two statutes of different dates and of contrary tenor are of equal
theoretical application to a particular case, the statute of later date must prevail
being a later expression of
legislative will.
9.
In case of conflict between the previous article and the later article, the latter
will prevail.
10.
The dates of passage of a general law and a special law determine which of
the two prevails
over the other.
11.
Legislative intent determines the question of whether a statute operates
retrospectively or only
prospectively.
12.

Procedural laws are always retrospective in application.

13.
Naturalization laws should be rigidly enforced and strictly construed in favor
of the government and against the applicant.
14.
Statutes regulating the procedure of the Courts will be construed as
applicable to actions pending and undetermined at the time of their passage.
15.

The burden of proving the invalidity of a law rests on those who challenge it.

II.

Explain the following briefly. (5 points each)

1.

When are penal laws given retroactive effect?

2.

Why are curative statutes retroactive in application?

3.
What is the paramount consideration in the liberal construction of statutes
providing for
election contests?
4.

5.

In case of doubt, how are the following to be construed? Why?

a.

Tax statutes

b.

Tax exemptions

How will the ambiguity in the words of an insurance contract be interpreted?

III.
Resolve the following cases using statutory construction principles
and rules.
1.
A and B entered into a contract of lease for a period of three years. After the
term expired, B refused to vacate the premises, hence, A filed an ejectment suit
against the former. The case was terminated by a judicially approved compromise
agreement which stated: That the term of the lease shall be renewed every three
years; that the rental shall be raised by 20% every three years as long as lessee
needed the premises and can meet and pay the said increases. By reason of said
compromise agreement lease continued until A advised B that he would no longer
renew the contract. Upon the contracts expiration, B refused to vacate the
premises. An ejectment suit was filed by A, the lessor, which the court dismissed on
the ground that the lease contract has not expired, being a continuous one, the
period whereof depended upon the lessees need for the premises and his ability to
pay the rents.
a.
What is the issue of the case?
b.
Decide the case.
2.
Atty. X wrote the Office of the Ombudsman in Davao City that he be provided
with a copy of the complaint against Y. He then requested Y to take the letter to the
said office because Xs messenger, Z, had to attend to some personal matters. Y,
before proceeding to the Ombudsman, talked to Z and voiced out that he was
reluctant to ask for the document as he was one of the respondents in the
complaint. Z told Y to just sign the formers name if the latter would be asked to
acknowledge receipt of the complaint. In the Ombudsmans Office, Y signed Zs
name in the visitors logbook and in the receipt of the complaint.
Y was charged with violating C.A. No. 142 which penalized the act of using an
alias name, unless such alias was duly authorized.
Decide.