Stat Con Midterm reviewer

a.

1. Caltex v Palomar
Definition of Stat Con

b.

c.

Prohibitive anti-lottery provisions of the Postal law required an inquiry into the intended meaning of the words. SC affirmed the appealed judgment by declaring Caltex scheme as not subject to the anti-lottery provisions being construed as neither lottery nor gift enterprise. Scheme is merely a gratuitous distribution of property by chance. Stat Con is the art and process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where the intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law. 2. National Federation of Labor (NFL) v. Eisma

a. When does stat con come in? Whether construction is reqd to determine jurisdiction? b. Complaint for damages arising from petitioner union’s picketing and strike-related
activities evolves into a question of jurisdiction between CFI and a labor arbiter. SC ruled that jurisdiction is given only by law and is never presumed. Issue resolved on the basis of the law or statute in force. c. The first and fundamental duty of courts, in our judgment, is to apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them (Lizarraga Hermanos v. Yap Tico, 1913). Any deviation from the express terms of the law cannot therefore be tolerated. 3. Paat v. CA

a.

When does stat con come in? Whether construction admits that the authority to confiscate or to forfeit conveyances belongs to the courts

b. Petition questions CA ruling sustaining lower court’s decision to return truck
confiscated by DENR. SC reversed CA ruling, directing,among others, DENR Secretary to resolve the controversy. c. When the statute is clear and explicit, there is hardly room for any extended court ratiocination or rationalization of the law. People v. Mapa

4.

a.

When does stat con come in? Whether agent acting as Gov bodyguard included in exemption from firearms license reqt?

b. Mapa appeal of conviction on illegal possession of firearms charges was elevated to
SC as a question of law. SC affirmed appealed judgment as Mapa as no secret agent is included in exemption list provided by law. Reliance in People v Macarandang is misplaced as secret agent in latter case was sufficiently placed in the category of a peace officer, which is exempted from the license requirement by law. c. It is the first and fundamental duty of courts to apply the law; Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them. The law cannot be any clearer, there being no provision made for a secret agent. 5. Daoang v. Municipal Judge of San Nicolas
a. When does stat con come in?

b. Petitioners, Agonoy grandchildren elevates to SC opposition to granparents’
adoption of two minors, granted by the municipal court. SC affirms appealed judgment, declaring that Art 335(1) of the Civil Code used clear and unambiguous words in defining persons who cannot adopt. Well known is the rule of statutory construction to the effect that a statute clear and unambiguous on its face need not be interpreted. The rule is that only

c.

An interpretation should. whose job is it?.e. 9. In the case at bar. Ortega (GR L-34964. issue became moot. but to declare what the law is or has been. explained away. if possible. i. Further. Statutory Construction vs. Said heirs elevates matter to SC after CFI dismissed complaint for lack of jurisdiction. Klkl c. case 9: Aisporna v. c. It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context. the Court should start with the assumption that the legislature intended to enact an effective law. inoperative or nugatory.statutes with an ambiguous or doubtful meaning may be the subject of statutory construction. the Court argues that the Court can legislate. Comelec a. 22 Feb. be avoided under which a statute or provision being construed is defeated. 1982) . 31 January 1973) Board of Administrators of the PVA v. i. When does statutory construction come in? Whether the Sangguniang Kabataan election is to be construed as a regular local election in a recall b. Petitioner Paras elevates to SC.Legislative intent must be ascertained from a consideration of the statute as a whole. Philex Mining a. Heirs of miners killed in cave-in in one of Philex’s sites claimed damges under civil code provisions under damages arising from negligence. or rendered insignificant. during the second year of his term of office.. repealed. CA (GR L-39419. meaningless. c. Legislative Intent. 6. Floresca v. is judicial. The particular words. Bautista (GR L-37867. how ascertained How must Legislative Intent be ascertained? . destroyed. Paras v. opposition to Comelec recall election order. Statutory Construction vs. that every part of the statute must be considered together with the other parts. obscurity or insufficiency of the laws Republic v. emasculated. Judicial Legislation: Statutory Construction. In the interpretation of a statute. Judicial Legislation: Statutory Construction. pursuant to Article 8 of the Civil Code of the Philippines which decrees that judicial decisions applying or interpreting the laws or the Constitution form part of this jurisdiction’s legal system. through its majority. Heirs were allowed to pursue CC remedy but are not entitled to recover under both (CC and WCA) remedies. it reiterated its ruling in People vs. which provides that “No judge or court shall decline to render judgment by reason of the silence. and kept subservient to the general intent of the whole enactment. b. but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole.The Court. case 7: C. whose job is it? 8. Yet. b. 12 April 1982) China Bank v. SK elections cannot be considered a regular election as this would render inutile the recall provision of the LGC. Licera: that judicial decisions of the Supreme Court assume the same authority as the statute itself. A statute must be construed so as to harmonize and give effect to all its provisions whereverpossible. whose job is it? 7. CA and Molina a. Statutory Construction vs.e. defended itself by holding that the Court does not legislate but merely applies and gives effect to the constitutional guarantees of social justice. clauses and phrases should not be studied as detached and isolated expressions. It argues that the application or interpretation placed by the Court upon a law is part of the law as of the date of the enactment of the said law since the Court’s application or interpretation merely establishes the contemporaneous legislative intent that the construed law purports to carry into effect. After said recall election has been re-scheduled 3x." i."To declare what the law shall be is a legislative power. Paragraph (b) of Section 74 construed together with paragraph (a) merely designates the period when such elective local official may be subject of a recall election. Judicial Legislation: Statutory Construction. nullified. pursuant to Article 9 of the New Civil Code. or as otherwise expressed.

Marave (GR L-27760) Paras vs. as a key to open the minds of the lawmakers as to the purpose of the statute.Legislative history will clarify the intent of the law or shed light on the meaning and scope of the codified or revised statute. is entitled to great respect. that meaning which was put to the provision during the legislative deliberation or discussion on the bill maybe adopted. 271 SCRA 90 IV. Interpretation of Statutes A. > Change in phraseology . case 12: Salvatierra v. courts may properly refer to the reports of the commission that drafted the code in aid of clarifiying ambiguities therein. > Title . there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute.The history of the times out of which the law grew and to which it may be rationally supposed to bear some direct relationship. it must be declared null and void. . and should ordinarily control the construction of the statute by the courts. a statute must be read according to its spirit and intent.the contemporaneous construction of a statute by the executive officers of the government whose duty is to execute it. and extrinsic aids. commonly accepted usage.the rules of Court are procedural in nature while the Civil Code is substantive . > History of the times . Contemporary Construction case 11: David vs. be resorted to clarify the ambiguity. > Reports of the Commission . there is nothing for the Courts to do but apply it. rather than the letter. Comelec. Intrinsic Aids B. 20 Jan. Manila Railroad Company (GR L-25316. views and deliberations .To ascertain the true intent of the statute. it cannot preclude the courts from giving the statute a different interpretation.The duty and power to interpret or construe a statute or the Constitution belong to the judiciary. 26 August 1996) Kapisanan ng mga Manggagawa v. The history of a statute refers to all its antecedents from its inception until its enactment into law. Departure from Literal Interpretation when literal interpretation not favored .In construing the provisions of the code as thus enacted.best source from which to ascertaun the legislative intent is the statute itself > Legislative History .thespirit. It is the duty of the legislature to make the law. or those found in the printed page of the statute. those extraneous facts and circumstances outside the printed page. case 14: PAFLU v. case 13: Abellana v. the court may avail of intrinsic aids. . III. 264 SCRA 49. Comelec.Courts not to be influenced by questions of wisdom.It may indicate the legislative extent or restrict the scope of law > Preamble . the law must be taken to mean exactly what it says. of the executive to execute the law. When statutory norm speaks unequivocally. when the statute is ambiguous.While the legislature may indicate its construction of a statute in the form of a resolution or declaratory act. C. Bureau of Labor Relations (GR L-43760 21 Aug 76) when Executive Construction is not given weight . . > Prior laws from which the statute is based . E. When the language of the law is clear and unequivocal. Extrinsic Aids case 10: Roman Catholic Archbishop of Manila v. Literal Construction Statutes are to be interpreted in their ordinary. Power to Construe .The courts may not enlarge nor restrict statutes. of a law determines its construction. > Legislative debates. and of the judiciary to construe the law. CA (GR 107797.while it is true that contemporaneous construction placed upon a statute by executive officers must be given great weight. supra b.It may. Aids in Construction A.D.Where there is doubt as to what a provision of a statute means. SSC (GR L-15045.Courts may investigate the history of the provisions to ascertain legislative intent as to the meaning and scope of the amended law. 28 February 1979) a. > Context of the whole text . Implications B. Executive Construction basic rule on Executive Construction .Where a statute is susceptible to several interpretations. if such construction is clearly erroneous. Limitations on the Power to Construe . hence. 1961) .

Tuvera (GR L-63915. in the Preamble of their Constitution. and secure for themselves and their posterity the blessings of independence under a regime of justice. and must lean in favor of a construction which will render every word operative. Meer (GR L-2348.it is the written instrument agreed upon by the people. solemnly expressed according to the forms necessary to constitute it the law of the state. Liberal Construction V. 23 July 1987) May the preamble be referred to in the construction of Constitutional Provisions? . Rule vs..Constitutional provision is self executing if the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself. Inciong (GR L52415. conserve and develop the patrimony of the nation. and in opposition to which any act or rule of any department or officer of the government. will be altogether void. 23 October 1984) Chartered Bank Employees Association v. Ruiz (GR 45459. the written will of the legislature. publication in the Official Gazette is necessary for determining the date of effectivity case 21: Tanada v. liberty and democracy. When the Filipino people.gives a statement of policy and merely interprets a pre-existing law.laws shall take effect after 15 days following the completion of their publication in the Official Gazette unless it is otherwise provided. so that they can be determined by an examination and construction of its terms. . promote the general welfare. Opinion What is the difference between a rule and an opinion rule. the Courts must harmonize them. Tuvera (GR L-63915. 3 February 1997) Statute . opinion. 31 August 1953) case 18: Nitafan v.when the law is silent as to the effectivity date. GSIS (GR 122156. SSC (GR L-16704.” they thereby manifested their intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men and nations. and there is no language indicating that the subject is referred to the legislature for action. implored “the aid of Divine Providence. 17 March 1962) D. NLRC (GR L-50320 31 July 81) IBAA Employees Union v. 17 December 1987) Perfecto v.. case 17: Sarmiento v. in order to establish a government that shall embody their ideals. Mison (GR 79974.the Constitution should be strictly construed so as to give effect to the whole instrument. rather than one which may make some words idle and nugatory. if practicable.case 15: Philippine Apparel WU v. Subjects of Construction The Constitution . 13 March 1937) Are the provisions of the Constitution self-executing? . or even of the people themselves. 27 February 1950) Endencia v. case 16: Victorias Milling v.when an administrative agency promulgates rules and regulations.an act of the legislature commanding or prohibiting something. David (GR L-6355-56. and to every section and clause. 29 December 1986) . it makes a new law with the force and effect of a valid law. How should the constitution be construed .yes. Ople (GR L-44717. CIR (GR L-78780. the preamble may be referred to in the construction of constitutional provisions. case 19: Aglipay v. If different portions seem to conflict.as the absolute rule of action and decision for all departments and officers of the government. 24 April 1985) case 22: Tanada v. 28 Aug 85) C. Requirements for the publication of laws . a particular law enacted and established by the will of the legislative department of government. Strict Construction E. case 20: Manila Prince Hotel v.

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