1|NOTES-STATCON (SEPT.

24) KAML

 Conditions at time of enactment

o Answer: No, the contention of BIR is not tenable.
 Weight accorded to the usage and practice (contemporaneous exposition)
o Bone of contention
 What decision prevails
o Usual practice prevails over the letter of the law
o Answer: No, the contention of Juan Dela Cruz is not valid.
 Reasons why contemporaneous construction is given much weight
 When contemporaneous construction is disregarded
o Contemporaneous means continuously
o Ultra vires acts
 Grave abuse of discretion of the executive/legislative branches
 Literal meaning or plain meaning rule
o Verba LEgis
 Is language of the law is clear, just apply the law
 Spirit of the law
o Ratio legis
o When there is a conflict between the letters of the law and the intent of the legislative,
the intent of the legislative should prevail.
 Literal import must yield to intent
o There are different meanings, choose one that best fits the situation
 Correcting clerical error
o Answer: No, the case does not put the law meaningless.
 Construction to avoid absurdity
o Pertaining to consequence
o Consequences intended by the legislative shall be the interpretation of the court

Eto sinabi niya di ko alam kung mock midterm or quiz ba

1.a what is Statcon

1.b what is Judicial Power

2. Case application with Judicial Power

3. 6 out of 11 sa principles will be asked

4 and 5. surprise