STATUTORY CONSTRUCTION

Midterm Exam
28 September 2020

* You have until 5:05 PM to answer and e-mail/attach your answer sheets to :
law@ust-legazpi.edu.ph

* DO NOT REPEAT THE QUESTION. Make your answers concise and straight to the point.

1.
Willy Wonka is an importer of cocoa beans.

Citing a particular law that provides that “tax collected on foreign exchange used for the payment of
costs, transport and other charges incidental to the importation in the Philippines of rice, flour, x x x,
soya beans, butterfat, chocolate, malt syrup, x x x, shall be refunded upon satisfaction of proof of actual
importation”

Willy now seeks a refund of foreign exchange taxes that he paid. Is he entitled to a refund ? Decide
with reason.

2.
a.) Can Legislature override a judicial construction ? Why or why not ?
b.) Give at least 3 limitations on the judicial power to construe.

3.
A city ordinance provides that : “… a license be imposed on hotel-motel, rooming unit, dwelling unit or
building for sleeping purposes”
Does an apartment house fall within the enumeration ? why or why not ?

4.
Briefly discuss the meaning and implication of the statement :
“The reason of the law is the life of the law “

5.
What is that condition sine qua non before the court may construe or interpret? Define that condition.
How should one proceed if it is determined that that condition sine qua non does not exist ?

6.
“… necessary clothing and furniture of a person in public assistance could be replaced in the event of loss
due to fire, flood, or other like catastrophes”
Is burglary within the meaning of the above statute ? Briefly discuss with reason.

7.
a.) What is the primary purpose of the Constitutional requirement on titles of statutes ?
b.) When can it be said that a title has sufficiently satisfied the Constitutional provision on titles ?
Discuss briefly.

8.
a.) Distinguish : res judicata , stare decisis , ratio decidendi
b.) What is an obiter dictum ? How does an obiter dictum relate/affect the ratio decidendi and the
stare decisis? Briefly discuss.

9.
Sec. 2 of the law that provides benefits for early retirement and voluntary separation from government
service, as well as involuntary separation of civil service officers … , states :
“… The benefits authorized under this Act shall apply to all regular, temporary, casual and
emergency employees, regardless of age, who have rendered at least a total of two (2)
consecutive years of government service as of date of separation … “
Carmen has been employed by the National Food Authority on a coterminous basis with a project, for
almost 15 years , in 4 successive governmental project. Carmen now believes she is entitled to the
benefits as stated above.
The Civil Service Commission cited that her position is coterminous with the NFA project which is
contractual in nature, and thus excluded .

Is Carmen entitled to the benefits of early retirement under the above-cited law ? State and briefly
discuss your answer with reason.

10.
What is the requirement for a law to take effect ? State the basis and the constitutional
right it seeks to address.