STATUTORY CONSTRUCTION = Final Examination, December 5, 2018 fC Atty. Howard M, Calleja y Astsem, SY 2017-2018 PARTI. MODIFIED MCQ. Choose the letter of the best answer (1 point) and you may either give the rationale, provide for the definition or further expound on your answer with legal bases (2 points). 1. The pertinent provision of law reads, as follows Art. 335. The following cannot adopt: (1) Those who have legitimate, legitimated, acknowledged natural children, or children by legal fiction; ‘The petitioners oppose the adoption of grandchildren of respondent on the basis of this provision. Which is the correct rule on statutory construction to resolve this a) Duralex sed lex; b) —Granchildren cannot be included, a statute clear and unambiguous on its face need not be interpreted; c) The legislative intent has to be resorted to; d.) Best interest of the child rule 2. What is an exception to the general rule that all laws are prospective, not retrospective? Lex prospicit, non respicit (the law looks forward, not backward); lex de futuro, judez de praeterito (the law provides for the future, the judge for the past); and adopted in a modified form with a prudent limitation in our Civil Code (article 3)? a.) There is no exception since the law looks forward, not backward (Lex prospicit, non respicit); b) __ Inanelection case, where the provision of the Local Government Code in question does not qualify the date of a candidate's removal from office and is couched in the past tense; c) The law only provides for the future, the judge for the past (lex de futuro, judez de praeterito); 4) Penal laws shall have a retroactive effect in so far as they favor the person guilty ofa felony, who is nota habitual criminal, as this term is defined in rule 5 of article 62 of the Revised Penal Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. 3. It is true that its ordinary signification the word "shall" is imperative, however, the rule is not absolute; it may be construed as "may", when so required by the context or by the intention of the statute. The following statements justify this doctrine, choose one that is incorrect. lof &a) In the ordinary signification, “shall” is imperative, and not permissive, though it may have the latter meaning when required by the court; b) The word "shall" is generally regarded as imperative, but in some context it is given a permissive meaning, the intended meaning being determined by what is intended by the statute; ) The word "shall" is to be construed as merely permissive, where no public benefit or private right requires it to be given an imperative meaning; 4) Presumption is that word “shall” in ordinance, is mandatory; but, where it is necessary to give effect to legislative intent, the word will be construed as "may." 4. ‘The Court of Appeals denied the motion to dismiss for the reason that appellee (petitioner) failed to object to the approval of appellant's (respondent's) record on appeal in the lower court for he sought of doing so only after said record on appeal hhad been printed and certified, which dismissal, it is claimed, is prejudicial to appellant (petitioner), and for the further reason that the failure of appellee to object to the appeal in the lower court is a waiver of his right to invoke the same question in the Court of Appeals for the first time. Petitioner now contends that the court of Appeals erred in not granting his motion to dismiss the appeal because the failure of respondent to file his record on appeal within the reglementary period is mandatory dnd cannot be waived as it affects the jurisdiction of the lower court. Is this correct? a) Yes. The requirement regarding the perfection of an appeal within the reglementary period is not only mandatory but jurisdictional; b.)_ Itdepends on the substantive law in question; ©) No. {tis unfair and unjust. d.) _ No.Itis contrary to the legislative policy. 5. How are tax exemptions interpreted? a) The tax exemption must be expressed in the statute in clear language that leaves no doubt of the intention of the legislature to grant such exemption; b) The exemption must be interpreted in strictissimi juris against the taxpayer and liberally in favor of the taxing authority; c) Liberally in favor of the taxpayer as its intended beneficiary; d.) _ Itpurely depends on the court's discretion. 6. What was the basis of the strict statutory construction of the Rules of Court by the ‘Supreme Courtin Domalanta vs. Court of Appeals (G.R. No. L-55932, March 16, 1987)? a) The decision of respondent Court of Appeals is satisfactorily ‘supported by the records; b.) On certain occasions, this Court has allowed liberality in the construction of the Rules. The present case, however, does not warrant such liberality because of it will result to a miscarriage of justice; c) __ Literal interpretation of the word of the law; d) Dura lex sed lex; 7. Petitioner asserts that the words “all employers” in P.D. No. 851 includes the Government and all its agencies, instrumentalities, and government-owned or controlled corporations v of Fa) __ Itisanoldrule ofstatutory construction that restrictive statutes and acts which impose burdens on the public treasury or which diminish rights and interests, no matter how broad their terms do not embrace the Sovereign, unless the Sovereign is specifically mentioned; b.) The Republic of the Philippines, as sovereign, cannot be covered by a general term like “employer” unless the language used in the law is clear and specific to that effect; ¢) This would also result in nightmarish budgetary problems; 4) This will violate stare decisis. 8. In one case, the Supreme Court ratiocinated, thus: “[w]e realize that Section 46 or other provisions of the Corporation Code are silent on the result of the failure to adopt and file the by-laws within the required period. Thus, Section 46 and other related provisions of the Corporation Code are to be construed with Section 6 (1) of P.D.902- A. This section empowers the SEC to suspend or revoke certificates of registration on the grounds listed therein. Among the grounds stated is the failure to file by-laws. What rule in statutory construction was applied? 2.) _ Generalia Specialibus Non Derogant Definition; , b) Later law prevails over earlier law; c) interpreted in strictissimi juris ; 4.) Statutes in pari material. 9. Which of these entities have the power to investigate, prosecute and try election offenses committed by a public officer in relation to his office — the Commission on Flections and the Court of First Instance [now the regional trial court] or the ‘Tanodbayan and the Sandiganbayan? Section 184 of the Election Code (of COMELEC's jurisdiction) deals specifically with election offenses, Section 4[¢] of P.D. No, 1606 (of Sandiganbayan's jurisdiction) speaks generally of “other crimes or offenses ‘committed by public officers... in relation to their office: a) Sandiganbayan because repeals by implication are not favored; b) _ COMELEC, becasus as between specific and general statute, the former must prevail since it evinces the legislative intent more clearly than a general statute does. 7 And where a reconciliation between the statute is possible, as in the case at bar, the former should be deemed an exception to the latter; c) _ Itdepends on the discretion of the cour; d) it's acase to case basis. 10. The divergence of opinion as to when Ordinance No. 360 took effect and became enforceable is mainly due to the seemingly apparent conflict between Section 2309 of the Revised Administrative Code and Section 2 of Republic Act No. 2264 (Local ‘Autonomy Act). Is there really such a conflict in the above-mentioned provisions? Choose which one does not support the Supreme Court's ruling in City of Naga vs. ‘Agna, (G.R. No. L-36049, 31 May 1976) a) The foregoing provision does not amount to an express repeal of Section 2309 of the Revised Administrative Code. It is a well established principle in statutory construction that statute will not be construed as repealing prior acts on the same subject in the absence of words to that effect unless there is an irreconcilable repugnancy between them, or unless the new law is evidently intended to supersede all prior acts on the matter in hand and to comprise itself the sole and complete system of legislation on that subject. 3 of 8b.)__‘Thetwo provisions can be reconciled by applying the first clause of Section 2309 of the Revised Administrative Code when the problem refers to the effectivity of an ordinance changing or repealing a municipal license tax already in existence. But where the problem refers to effectivity of an ordinance creating an entirely new tax, let Section 2 of Republic Act No. 2264 (Local Autonomy Act) govern. ©) It will also be noted that Section 2309 of the Revised ‘Administrative Code and Section 2 of Republic Act No. 2264 (Local ‘Autonomy Act) refer to the same subject matter-enactment and effectivity of a tax ordinance. In this respect they can be considered in pari materia. Statutes are said to be in pari materia when they relate to the same person or thing, or to the same class of persons or things, or have the same purpose or object. ? When statutes are in pari materia, the rule of statutory construction dictates that they should be construed together. This is because enactments of the same legislature on the same subject matter are supposed to form part of one uniform system; that later statutes are supplementary or complimentary to the earlier enactments and in the passage of its acts the legislature is supposed to have in mind the existing legislation on the same subject and to have enacted its new act with reference thereto. ©) Since there is real conflict between the two provisions, when the new provision and the old relating to the same subject cannot be reconciled the former shall prevail as it is the latter expression of the legislative will. 11. Under B.P. Blg.33, as amended, the monetary penalty for any person who commits any of the acts aforestated is limited to a minimum of ®20,000 and a maximum of P50,000. Under the Circular, the maximum pecuniary penalty for retail outlets is #20,000,1[17] an amount within the range allowed by law. However, for the refillers, marketers, and dealers, the Circular is silent as to any maximum monetary penalty. The Circular also provides penalties on a per cylinder basis. Does this silence amount to violation of the aforesaid statutory maximum limit? a) the Circular is net in conformity with the law it seeks to implement; b) Thecircular introduced new offenses not included in the law; ©) The Circular, in providing penalties on a per cylinder basis for each violation, might exceed the maximum penalty under the lay d) itis BP. Blg. 33, as amended, which defines what constitute punishable acts involving petroleum products and which set the minimum and maximum limits for the corresponding penalties. The Circular merely implements the said law, albeit it is silent on the maximum pecuniary penalty for refillers, marketers, and dealers. Nothing in the Circular contravenes the law. 12, When the law is clear, the following applies, except — a) No statutory construction or interpretation is needed; b) No conditions or limitations be introduced where none is provided for; c) The Court may not construe a statute that is free from doubt; d) The Court may interpret the law. 13, Reenactment of a statute substantially unchanged means - a) Statutory construction of the reenacted law is called for; god 7b,) It is a persuasive indication of the adoption by Congress of a prior executive construction; c) Later law prevails; 4.) Special law prevails over the general law. 14. In construing statutes, it must be remembered that ~ 2) _ the proper course is to start out and follow the true intent of the Legislature and to adopt that sense which harmonizes best with the context and promotes in the fullest manner the policy and objects of the Legislature; b.) Follow a narrow interpretation to protect the interests of the parties; cc) Duralex sed lex; 4.) the Supreme Court is the interpreter of the law. 15. The records show that private respondent entered into a contract of lease with petitioner for a period of three (3) years, that is, from 1976 to 1979. After the stipulated term expired, private respondent refused to vacate the premises, hence, petitioner filed an ejectment suit against the former in the City Court of Manila, docketed therein as Civil Case No. 051063-CV. The case was terminated by a judicially approved compromise agreement of the parties providing in part: 3. That the term of the lease shall be renewed every three years retroacting from October 1979 to October 1982; after which the abovenamed rental shall be raised automatically by 20% every three years for as long as defendant needed the premises and can meet and pay the said increases, the defendant to give notice of his intent to renew sixty (60) days before the expiration of the term. Choose the best statutory construction to interpret the compromise agreement. a.) ‘The compromise agreement should be understood as bearing that import which is most adequate to render it more fair and just for both parties; b.) Where the instrument is susceptible of two interpretations, one which will make it invalid and illegal and another which will make it valid and legal, the latter interpretation should be adopted; ¢) _ Acovenant for renewal or for an additional term should always be held to create a right to repeated grants in perpetuity; 4) In case of doubt, a lease will always be construed to create a right to perpetual renewals 16, Executive Construction means: a) Interpretation of a law by an executive official is conflict with existing laws; valid, when itis not in b) Interpretation of a law by an executive offi implement the same shall be final; I given the right to ©) Interpretation of a law by an executive official tasked to implement the same is given high repute; Lo of yd) All of the above. 17. judge Dredd , an MTC judge of Tawi-Tawi, refuses to pay his income tax. The BIR. in collecting the tax against Judge Dredd, justified its actions by raising Section 13, of RA 590, which states: “No salary whenever received by any public officer of the Republic of the Philippines shall be considered as exempt from the income tax, payment of which is hereby declared not to be a diminution of his compensation fixed by the Constitution or by law." Is the BIR collecting collecting tax? a) Yes, under the principle of separation of powers, the Congress has the power to enact laws; b) _No, since the law stated therein is unconstitutional; ©) No, the Congress cannot encroach upon the powers of the Judiciary; @)__ Yes, because the cited law states: “payment of which (income tax) is hereby declared not to be a diminution of his compensation fixed by the Constitution or by law." 18. ABC-5 entered into a Contract of Services with Star Magic. In return for paying a fee of Five Million Pesos a month, Star Magic will lend a Willie Revilliame's services to host ABC-S' new game-show: “Will, or no Will” (which will compete with ABS-CBN’s “Deal or no Deal”). ‘Thereafter, Willie sued jointly ABC-S and Star Magic before the NLRC for backwages. ABC-5 contends that they have no employer-employee relationship with Willie Revilliame. The NLRC ruled in favor of ABC-5, but the decision was reversed on appeal. ABC-5 now files a certiorari, on two grounds which are, no employer- ‘employee relationship, and late-payment of the appeal fee? Is ABC-5 correct? a) Yes, payment of appeal fee is essential; b) _Yes, since there is no employer-employee relationship between ABC-5 and Willie Revilliame; ©) No, labor laws should be construed to favour of labor; d) No, labor cases should be decided speedily and objectively and without regard to technicalities of law or procedure. 119, DMCI, a construction firm in Pampanga, was contracted by DBO to build for it blank in Pampanga. Thereafter, DMCI subcontracted the work to F-F. Cruz, which was based in Zambales. FF. Cruz, furthermore agreed to finish the construction by June 2010. 6 oFUnfortunately, F.F. Cruz only managed to finish the construction on August 2010. Now, DMCI has filed a civil action against F.F. Cruz for consequential damages due to the delay. FF. Cruz, on its defense, filed a motion to dismiss the complaint on the ground that the venue was improperly laid, since in accordance to their (F.F. Cruz and DMCI) contract all actions emanating thereof will be filed in the courts of Zambales. Furthermore, F-F. Cruz cited Section 3, Rule 4 of the Rules of Court, that: “.. by written agreement of the parties the venue of an action may be changed or transferred.” ‘Should the motion to dismiss the complaint of DMCI be granted? 4) No,since the cited provision is merely permissive: b) Yes, since contracts are given the effect of laws between the parties; ©) Yes, since the Rules of Court allows changing of venue of action 4) No, since civil actions should be filed where the plaintiff, or defendant resides. 20. A Filipino Special Agent, Jack Bauer, was arrested and an Information was filed against him for Illegal Possession of Firearm in consonance with Section 2692 of the Revised “Administrative Code, as amended by CA 56 and as further amended by RA 4, which states: «it shall be unlawful for any person to possess any firearm, detached parts of {firearms or ammunition therefor, or any instrument or implement used or intended to be used in the manufacture of firearms, parts of firearms, or ammunition. Firearms and ammunition regularly and lawfully issued to peace officers, soldiers, sailors, or marines [of the AFP, the PC, guards in the employment of the Bureau of Prisons, municipal police, provincial, lieutenant governors, provincial treasures, municipal treasurers, municipal mayor, and guards of provincial prisoners and jails, fare not covered when such firearms are in possession of such officials and public ‘servants for use in the performance of their official duties." Jack Bauer admitted that he carried a gun, but contended that he was ‘exempted from the cited law for being a secret-agent. He contended further that it was vital for him to have a gun, since he is conducting a secret-investigation pertaining to reports of an assassination attempt against of the life of President Noynoy, allegedly by Former-President, Gloria. Is Jack Bauer’s contention that he is exempt from the cited law valid? a) Yes, since according to the case of People vs. Macarandang, secret-agents are within the term “peace officers"; b) Yes, his mission is so important that it will affect national security Pfs©) Noy since Jack Bauer failed to prove that he was in the due performance of his duty at the time he was arrested for legal Possession; 4) No, the provision is explicit, thus, there is no room for statutory construction. PART ESSAY. Answer each question briefly and concisely. State your legal bases supporting your answer. Answers without any legal bases will not be given any merit. 1. Differentiate the term construction from interpretation in relation to statutes and laws. (4 points) 2. Define ex post facto law and give the exceptions to its application. (5 points) 3, When do laws have retroactive effect? (3 points) 4. When isa statute declared unconstitutional? With respect to ordinances, enuferate the test of validity. (5 points) 5. Enumerate the steps to create a law (passage of a bill). (5 points) 6. Whatis an enrolled bil (4 points) 7. Giveallatin maxim in relation to statutory construction and define. (3 points) 8, State the rule on general and special statutes. Explain. (4 points) 9. Differentiate strict construction and liberal construction. (4 points) 10. Can the Courts enlarge or restrict a statute? Why or why not? 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ENDNo, "Ht sien of Ae Girador de not amount 40 vielaton °F the aforesatd dtatutoyy wosiewam (innit The _ cout “cannot enldrg@ oy besbick arnek enlarge or rabid a sth When WO law I ator, He Get mmerdy applies He Gfotuke, Huish Q We-certhedl tale in dtethabrry conthuution- END qnaerient agents in_Inkerrelny and applying lat. never, Ch magh nok fete congo wtf, exbhing laws, mowst be given high tepule, and shall be ing) END, Yeo _gIK 3 right in collect ela citar hun th stakes Hat in cam be fixed by laws Henee, TEN We power “tT HAL Congress 49 enach laws bef virhwe af separation oF pew END = | __in_datubecy arnshuchon tat rates vest ke died [END oe cet, th st a a yoandatry an pemisive. END _ groviiion _ a lao. Gs ie Ipdiden 40 pore ttl, Seok ante, ft a Aransial wht, tre law & dear when ch shatkel_ | Aa voor who “tory teed fresem. bo this ols, It iy hear Haak he Was Gaimglng Ore ENDgould the e giv Hall wnercin_affer 70days, it jeemed as Pd, | iE 2h voles are yeacked, i tured into ag faw- le not, Con Com shall dedideon tru digagreementts. _ | idert, veto # there shal ke amendmen, |ATENEO DE MANILA SCHOOL OF LAW SUBJECT : STATUTORY CONSTRUCTION FINALS (December 18, 2017) PROFESSOR: ATTY. HOWARD M. CALLEJA A. Define the following: (5 points each) 1 2 3. 4 “Expressio unius est exclusion alterius” “Noseitur a sociis” ‘Ejusdem generis” When is it applied? “Dura lex sed lex” B, Multiple Choice (3 points each): 1 a) b) ° 4) Executive Construction means; 5 al is valid, when it is not in conflict Interpretation of a law by an executive of with existing laws; Interpretation of a law by an executive official given the right to implement the same shall be final; Interpretation of a law by an executive official tasked to implement the same is given high repute; Alll of the above. Judge Dredd , an MTC judge of Tawi-Tawi, refuses to pay his income tax. The BIR, in collecting the tax against Judge Dredd, justified its actions by raising Section 13, of RA 590, which states: “No salary whenever received by any public officer of the Republic of the Philippines shall be considered as exempt from the income tax, payment of which is hereby declared not to be a diminution of his compensation fixed by the Constitution or by law.” Is the BIR collecting collecting tax? a) Ye, under the principle of separation of powers, the Congress has the power to enact laws; b) No, since the law stated therein is unconstitutional; ©) No, the Congress cannot encroach upon the powers of the Judiciary; 4) Yes, because the cited law states: “payment of which (income tax) is hereby declared not to be a diminution of his compensation fixed by the Constitution or by law.”3. ABC-S entered into a Contract of Services with Star Magic. In return for paying a fee of Five Million Pesos a month, Star Magic services to host ABC-5* new game-show: “Will, or no Will” (wl compete with ABS-CBN’s “Deal or no Deal”). Thereafter, Willie sued jointly ABC-S and Star Magic before the NLRC for backwages. ABC-S contends that they have no employer-employee relationship with Willie Revilliame. The NLRC ruled in favor of ABC-5, but the decision ‘was reversed on appeal. ABC-5 now files a certiorari, on two grounds which are, no employer- employee relationship, and late-payment of the appeal fee? Is ABC-5 correct? a) Ye8, payment of appeal fee is essential; b) Yes, since there is no employer-employee relationship between ABC-5 and Willie Revilliame; ©) No; labor laws should be construed to favour of labor; 4) No} labor cases should be decided speedily and objectively and without regard to technicalities of law or procedure. 4. DMCL, a construction firm in Pampanga, was contracted by DBO to build for it @ blank in Pampanga. Thereafter, DMCI subcontracted the work to F.F. Cruz, which was based in Zambales. F.F, Cruz, furthermore agreed to finish the construction by June 2010. Unfortunately, F.F, Cruz only managed to finish the construction on August 2010. ‘Now, DMCI has filed a civil action against F.F. Cruz for consequential damages due to the delay. FF, Cruz, on its defense, filed a motion to dismiss the complaint on the ground that the venue was improperly laid, since in accordance to their (F.F. Cruz and DMCI) contract all actions emanating thereof will be filed in the courts, of Zambales. Furthermore, F.F. Cruz cited Section 3, Rule 4 of the Rules of Court, that: “... by written agreement of the parties the venue of an action may be changed or transferred.” Should the motion to dismiss the complaint of DMCI be granted? a) No, since the cited provision is merely permissive; b) Yes, since contracts are given the effect of laws between the parties; ©) Yes, since the Rules of Court allows changing of venue of action by agreement; d) No, since civil actions should be resides. d where the plaintiff, or defendant5. A Filipino Special Agent, Jack Bauer, was arrested and an Information was filed against him for Illegal Possession of Firearm in consonance with Section 2692 Of the Revised Administrative Code, as amended by CA 56 and as further amended by RA 4, which states: “ait shall be unlawful for any person to possess any firearm, detached parts of firearms or ammunition therefor, or any instrument or implement used or intended to be used in the manufacture of firearms, parts of firearms, or ammunition. Firearms and ammunition regularly and lawfully issued to peace afficers, soldiers, sailors, or marines [of the AFP, the PC, guards in the employment of the Bureau of Prisons, municipal police, provincial, lieutenant governors, provincial treasures, municipal treasurers, municipal mayor, and guards of provincial prisoners and jails, are not covered when such firearms are in possession of such officials and public servants for use in the perjormance of their official duties..." Jack Bauer admitted that he carried a gun, but contended that he was exempted from the cited law for being a secret-agent. He contended further that it was vital for him to have a gun, since he is conducting a secret-investigation pertaining to reports of an assassination attempt against of the life of President Noynoy, allegedly by Former-President, Gloria. Is Jack Bauer's contention that he is exempt from the cited law valid? a) Yes, since according to the case of People vs. Macarandang, secret-agents are within the term “peace officers”; b) Yes, his mission is so important that it will affect national security; ©) No, since Jack Bauer failed to prove that he was in the due performance of his'duty at the time he was arrested for Illegal Possession; 4) No, the provision is explicit, thus, there is no room for statutory construction. 6. The pertinent provision of law reads, as follows: Art, 335. The following cannot adopt: (1), Those who have legitimate, legitimated, acknowledged natural children, or children by legal fiction; XXX AXX XXX The petitioners oppose the adoption of grandchildren of respondent on the basis, Of this provision. Which is the correct rule on statutory construction to resolve this issue? a.) Dura lex sed lex; b.) Granchildren cannot be included, a statute clear and unambiguous on its face need not be interpreted; c.) The legislative intent has to be resorted to; d.) Best interest of the child rule.