RULES OF LEGAL REASONING D.

General laws vis-à-vis Special laws

I. RULES OF COLLISION Principles:

Situation: One or Two laws dealing with the same 1. Generalia specialibus non derogant – the
subject matter or facts provisions of a general law must yield to a
specific one.
GENERAL RULE: Harmonize 2. Generalis clausula non porrigitur ad ea
quae antea specialiter sunt comprehensa –
A. Provisions vis-à-vis Provisions If both statutes are irreconcilable, the
general law must give way to the special
Rules: provisions as an exception to the general
provisions.
1. Construe as a whole
2. Choose Specific over general E. Laws vis-à-vis Ordinances

B. Laws vis-à-vis Constitution Test of a valid ordinance:

Rules: 1. must not contravene the Constitution or any

statute
1. The Constitution prevails over statutes 2. must not be unfair or oppressive
3. must not be partial or discriminatory
C. Laws-vis-à-vis Laws 4. must not prohibit but may regulate trade
5. must be general and consistent with public
Rules: policy
6. must not be unreasonable
1. Choose a specific law rather than general
even if their enactment dates may be Rules:
different.
2. Statutes must be construed and harmonized 1. The Constitution prevails over
with other statutes to form a uniform system administrative order.
of jurisprudence. 2. Statutes prevail over administrative order
3. New statutes must be construed with already and ordinances.
existing laws. 3. Basic laws prevail over rules and regulations
4. Choose statutory provisions over common
law.
5. An amended act is to be construed as if the II. RULES OF INTERPRETATION
original has been repealed, and a new and AND CONSTURCTION
independent act has been adopted.
Interpretation refers to how a law or provision
Principles: is applied. It relies on the material of the law
itself.
1. Interpretare et concordare legibus est
optimus interpretandi – The best method of Rules:
interpretations is that which makes laws
consistent with other laws 1. Verba legis - When the language of law is
2. Leges posteriores priores contrarias clear, there is no need for interpretation.
abrogant – A later law repeals an earlier law 2. If the first rule is not enough, construe the
because it is legislative will meaning of the law.
 Construction allows the person to utilize other
reference materials or tools in order to ascertain
the true meaning of the law.
Rule:
1. Construction may only be allowed if the
process of interpretation fails or is
inadequate.
Principle:
1. Semper in dubiis benigniora praeferenda -
Words are presumed to have been employed
by the lawmaker in ordinary and common
use.
2. The court is left to resolve ambiguity
III. RULES OF JUDGEMENT
Judicial Power is the power to hear and decide
cases pending between two parties who have the
right to sue and be sued in the courts of law and
equity.
Doctrine of judicial supremacy - The only
empowered entity by the Constitution to interpret
and construe laws is the Judicial Branch.
(Supreme court and lower court)
Requisites for the exercise of judicial review:
1) an actual and appropriate case and controversy
exists;
(2) a personal and substantial interest of the party
raising the constitutional question;
(3) the exercise of judicial review is pleaded at the
earliest opportunity;
(4) the constitutional question raised is the very lis
mota of the case.
Judicial Controversy involves a definite and
concrete touching on the legal relations of parties
having adverse legal interests.
Rules:
1. All conclusions by the Supreme court en
banc or in division must be reached in
consultation before the case is assigned to a
member for the writing of the opinion of the
court.
2. A certification must be signed by the Chief
Justice and shall be issued and a copy
attached to the record and served upon the
parties.
3. Any member who took no part, or dissented,
or abstained from a decision must state the
reason.
4. No decision shall be rendered by any court
without expressing clearly the facts and the
law on which it is based nor shall a petition
for review or motion for reconsideration of a
decision be denied without stating the legal
basis.
5. No judge or court shall decline to render
judgement by reason of silence, obscurity or
insufficiency of laws.
6. The Supreme Court can promulgate
decisions that provide for guidelines on how
the courts can formulate or arrive at a
decision.
Cardinal requirements of due process in
administrative proceedings:
1. The right to a hearing which includes the
right of the party interested or affected to
present his own case and submit evidence in
support thereof.
2. The tribunal must consider the evidence
presented.
3. The decision must have some basis to
support itself
4. The evidence must be “substantial.” It
means such relevant evidence as a
reasonable mind might accept as adequate to
support a conclusion.
5. The decision must be rendered on the
evidence presented at the hearing, or at least
contained in the record and disclosed to the
parties affected.
6. The administrative body or any of its judges,
therefore, must act on its or his own
independent consideration of the law and
facts of the controversy, and not simply
accept the views of a subordinate in arriving
at a decision.
7. The administrative body should, in all
controversial questions, render its decision
in such a manner that the parties to the
proceeding can know the various issues
involved, and the reasons for the decisions
rendered.

IV. RULES OF PROCEDURE

Rules of procedure refers to the process of how

a litigant would protect his right through
intervention of the court or any other
administrative body.

Rules:

1. Administrative Rules of procedure are

generally given a liberal construction
because they are summary in nature.
2. The nature of the action determined the kind
of proceedings it will follow.
3. The rules should be read and interpreted
first in their natural and common
acceptation.
4. Rules of procedure should viewed as mere
tools designs to facilitate the attainment of
justice.
5. The rules must be relaxed for substantive
justice.