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Course Outline in 1 Semester, AY 2019-2020: Statutory Construction
Course Outline in 1 Semester, AY 2019-2020: Statutory Construction
STATUTORY CONSTRUCTION
1st Semester, AY 2019-2020
A. Classroom Rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are expected, therefore, to come to class
prepared and to have read the materials scheduled to be covered during the meeting. When a student
is reciting, the rest of the class is expected to listen to him. Students are encouraged to participate in
the discussion by asking questions.
3. A student who is called to recite is expected to close his book during his recitation.
4. Electronic gadgets are not prohibited during class hours. A student is expected, however, to turn off
his mobile phone or to put it on silent mode as soon as he steps into the classroom. If the student
expects a call during the meeting, he can take the call by discretely leaving the classroom. Laptops,
tablets, and other similar electronic devices, are not, likewise, prohibited but the students who are
called to recite should close these electronic devices for the duration of their recitation. The same
rule applies to mobile phones that serve as data storage.
5. Any student may discretely leave the classroom if and when absolutely necessary. When a student
is not in the classroom when called for recitation, he will be given a grade of 5.0 or its equivalent.
B. Grading System:
Recitation - ___
Quiz - ___
Mid-Term Exam - ___
Final Exam - ___
C. Reference/s:
___________________
___________________
OUTLINE PROPER
I. Parts of a Statute
Daoang vs. Municipal Judge of San Nicolas, G.R. No. L-34568, March 28, 1988
Amores vs. HRET, G.R. NO. 189600, June 29, 2010
Republic Flour Mills, Inc. vs. Comm. Of Customs, G.R. No. L-28463, May 31, 1971
Kapisanan ng mga Manggagawa sa Manila Railroad Company Credit Union vs. Manila
Railroad Company, G.R. No. L- 25316, February 28, 1979
Radio Communciations of the Phil. Vs. NTC, G.R. No. L-68729, May 29, 1987
Republic vs. Toledano, G.R. No. 94147, June 8, 1994
Floresca vs. Philex Mining, G.R. No. L-30642 April 30, 1985
Republic vs. CA and Molina, G.R. No. L-34964, January 31, 1973
IX. Spirit over letter of the law (Ratio legis Est Anima Legis)
X. The construction of the law obtains the force of law (Legis interpretation legis vim obtinet)
IBBA Employees’ Union vs. Inciong, G.R. No. L-52415, October 23, 1984
Victoria Milling Co., Inc. vs. Social Security Commission, G.R. No. L-16704, March 17,
1962
I. Constitution
Fransisco vs. House of Representative, G.R. No. 160261, November 10, 2003
Sarmiento vs. Mison, g.R. No. 79974, December 17, 1987
Manila Prince Hotel vs GSIS, G.R. No. 122156, February 3, 1997
Oposa vs. Factoran, G.R. No. 101083, July 30, 1993
Retirement Laws
Tax Burdens
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Course Outline in Statutory Construction
Tax Exemptions
Cir vs Guerrero, G.R. No. L-20942, September 22, 1967
Tax Refunds
Applied Food Ingredients vs. CIR, G.R. No. 184266, November 11, 2013
IV. Penal Laws
V. Election Laws
VI. Insurance
De La Cruz vs. Capital Insurance, G.R. No. L-21574, June 30, 1966
Qua Chee Gan vs. Law Union & Rock Insurance, G.R. No. L-4611, December 17, 1955
IX. Wills
X. Rules of Court
I. Verba legis non est recedendum (From the words of the statute, there should be no departure)
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Course Outline in Statutory Construction
II. Ratio legis est Anima legis (The reason of the law is the soul of the law)
III. Dura lex sed lex (The law is harsh but that is the law)
IV. Expressio unius est exclusion alterius (The express mention of one thing in a law means the exclusion
of others not expressly mentioned)
a. When adherence to the rule will lead to incongruities and in a violation of the equal
protection clause of the Constitution
V. Ejusdem Generis
Liwag vs Happy Glen Loop Homeowners, G.R. No. 189755, July 4, 2012
Mutuc vs COMELEC, G.R. No. L-32717, November 26, 1970
United States vs Victor Santo Nino, G.R. No. 5000, March 11, 1909
City of Manila vs Lyric Music Hiuse, G.R. No. 42236, September 24, 1935
Roman Catholic Archbishop vs Social Security Commission, G.R. No. L-
15045, January 20, 1961
Colgate vs Gimenez, G.R. No. L-14787, January 28, 1961
VI. Casus omissus pro omiso habendus est ( A thing omitted must have been omitted intentionally)
Spouses Delfino vs St James Hospital, G.R. No. 166735, November 23, 2007
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Course Outline in Statutory Construction
VIII. Ubi lex non distinguit nec nos distinguere debemos (Where the law does not distinguish, the courts
should not distinguish)
Philippine British Assurance vs IAC, G.R. No. 72005, May 29, 1987
BDO vs Equitable Bank, G.R. No. 74917, January 20, 1988
Spouses Salenillas vs. CA, G.R. No. 78687, January 31, 1989
Demafiles vs COMELEC, G.R. No. L-28396, December 29, 1967
Twin Ace Holdings vs Rufina, G.R. No. 160191, June 8, 2006
I. “Exclusive”
II. “Shall”
Diokno vs Rehabilitation and Finance, G.R. No. L-4712, July 11, 1952
Berces vs Guingona, G.R. No. 112099, February 21, 1995
III. “May”
IV. “Every”
National Housing Corp. vs Juco, G.R. No. L-64313, January 17, 1985
V. “Previously”
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Course Outline in Statutory Construction
San Miguel vs Municipal Council, G.R. No. L-30761, July 11, 1973
IX. Surplasages
X. Punctuations
I. Title vs Body
Manila Railroad vs Collector Customs, G.R. No. L-30264, March 12, 1929
Conflicting between special provision of a general law and a general provision of a special law
***NOTHING FOLLOWS***