Final Examination Statutory Construction

(Note: In solving the following problems, use statutory construction principles to support you Final Examination
answers)
I. Define/explain the following I. Define/explain
a. Reddendo Singula SIngulis a. Redendo Singula Singulis
b. Doctrine of Last Antecedent b. Casus Omissus
c. Pari Materia Rule c. Pari Materia Rule
d. Doctrine of Necessary Implication d. Doctrine of Last Antecedent
e. Mens Legislatores e. Mens Legislatores
f. Ratio Legis f. Doctrine of Necessary Implication
II. Art. 202 of the Revised Penal Code Provides: g. Ratio Legis
“Art. 202. Vagrants and Prostitutes – Penalty. – the following are vagrants: II. When is an ambiguous law void? Why?
xxxx III. Art. 101 of the civil Code consider as void “donation between spouses during the
1. Any person found loitering about public or semipublic buildings or places, or marriage”
tramping or wandering about the country or streets without visible means of Can R donate to his live in partner, Y, his Toyota car? Why?
support; IV. An Anti Vagrancy Law Provides:
xxxx “Art I. Vagrants – Penalty. – the following are vagrants:
2. Prostitutes. xxxx
For purposes of this article, women who, for money or profit, habitually 1. Any person found loitering about saloons, public or semipublic buildings, or
indulges in sexual intercourse or lascivious conduct, are deemed to be tramping or straying through the streets or countryside without visible means
prostitutes: of support.”
xxxx X, the secretary of a law office, was found loitering about a certain bar in
James, the janitor if Baguio Colleges Foundation was often found Session Road every night.
loitering around saloons, bars and other public places obviously looking for old A. What statutory construction principle and/or Latin maxim will you use to
women whom he would entice to join him in his bachelors pad for carnal support the following;
conversation for a fee. a. X is a vagrant because he is found loitering about a saloon
He was arrested and prosecuted for Vagrancy. because the clause “without visible means of support” as used
James argued that since he is working as a janitor in BCF he could does not apply to the clause. Any person found loitering about
not be considered as vagrant since the element of “without visible means of saloons, public or semipublic buildings”, but is confined to
support” is lacking. tramping or staying though the streets or countryside” why?
A) As the public prosecutor what statutory construction principle or b. That is not the intention of Congress to qualify the first part of
Latin maxim will you advance to support the theory that the the clause with “without visible means of support” because
element “without visible means of support only applies to those congress placed a comma after semipublic or public building”
“who are trampling or wandering about public buildings or and it did not insert comma after the word “countryside” Why?
streets and not to those who are found loitering about country c. X is not a vagrant because it is the intention of congress to
or streets and not to those who are “found loitering about public apply “without visible means of support to both the clauses:
or semipublic buildings or places”. Explain your answer. “loitering about saloons, public or semi public buildings” and
B) Is James a vagrant? Why? “tramping or straying through the streets or countryside.”
C) Is he a prostitute? Why? B. Using the definition of loitering as “idling or wasting ones time”, if you
were the judge will you consider X a vagrant? Why?
C.
V. PD 1564 provides as follows: g. Legislative interpretation
“Sec. 2. Any person, corporation, organization or association desiring to solicit or h. Implied repeal
receive contributions for charitable or public welfare purposes shall first secure a II. Name five (5) extrinsic aids in the construction of statutes.
permit from the Regional Offices of the Department of Social Services and III. Explain five (5) general principles in statutory construction.
Development….. IV. Section 54 of the revised election code which provides: “No justice,
xxxx” judge, officer or employees of the Army, or member of the national,
The officer of the civic organization known as the Samahang Katandaang provincial, city, municipal or rural police force, and no classified civil
Nayon ng Tikay launched a fund raising drive for the purpose of renovating the service officer or employee, shall aid any candidate or exert any
chapel of Barrio Tikay. influence in any manner in any election nor take part therein except to
X, the chairman of the group solicited from Y the amount of P1,500.00. It is vote, if entitled thereto, or to preserve public pass. If he is a peace officer.
admitted that the solicitation was made without a permit from the Department of a. What maxim will you use to support the contention that Justice of
Social Services and Development. the peace, is not included in the prohibition? Why?
Can X be charged for violating PD No. 1564? Why? b. If you are the judge of a case wherein a justice of the peace was
_______________________________________________________________ found engaged in political activities will you find him guilty under the
law?
Statutory Construction V. X committed a crime classified as a light offense on May 26, 2003. An
Final Examinaion information charging him of each crime was filed on July 27, 2003.
October 9, 2003 Article 90 provides: “Light Offenses prescribe in two months”
I. Define/explain Article 91 provides: “the period of prescription shall commence to run
a. Pari Materia Rule from the day on which the crime is discovered by the offended party”
b. Doctrine of Necessary Implication The month of May 2003 has 31 days and the months of June has 30
c. Casus Omisus days.
d. Doctrine of Last Antecedent Under the laws has the crime prescribed? Justify your answer using
e. Reddendo Singula Singulis statutory principles, maxims, etc.
f. Sufficient Standard Test VI. When is an ambiguous law unconstitutional?