Presumption- without basis -

Assumption- with basis- plea of guilt and w/o justifying-

1. Presumption against unconstitutionality

-Art. 18 Sec 3 of the Constitution
- Operative Fact Doctrine
-laws that are subject to controversy that is said to unconstitutional, the law will remain
operative. Once a decision is done by the judiciary and is declared unconstitutional.
- Declaration of unconstitutionality is prospective.
- Applying promulgation of judgement.

- Onus Probandi “burden of proof”- burden is with the person filling or alleges the
unconstitutionality of the law.
- Can be filed in any court.
-Jurisdiction of assailing constitutionality: a person may go directly in the SC when there
is no current cases.

2. Presumption against Injustice

-Article 10 of the NCC
-It is presumed that our congress has knowledge in the constitutionality of the law that
they pass.
-Presumption is that the law is rendering justice. Unless there is proof of otherwise.
-The intent of legislature to render justice.
-The court can ascertain a portion of the law as unconstitutional (saving clause)

3. Presumption Against Implied Repeals

-interpretare ett concordare leqibus est optimus interpretendi- Every statue must be so
interpreted and brought accord with other laws as to from a uniform system of
jurisprudence.
-repeal by implication is NOT FAVORED by law and is only resorted to in case of
irreconcilable inconsistency and repugnancy between the new and old law.
-Almodovar vs COA, GR NO 213330

4. Presumption against ineffectiveness

-Legislature intended to enact an effective statute.
-It is assumed that the process, can be elaborated through IRR.
-Effectiveness- if it is perceived to be ineffective, burden of proof.

5. Presumption against Absurdity

-Statue must receive a sensible construction such as will give effect to the legislative
intention so as to avoid unjust or absurd conclusion.
-Ursua vs. CA 256 Scra 147, April 10, 1996
 -Ursua had pending case in the ombuds. Lawyer told secretary to go to ombuds. Ursua
volunteered. Ursua used the name of the staff and requested for certain documents. He
was caught and got charged. “anti-alias”RA 6085.
-The purpose of the law…. Ursua committed.

6. Presumption against violation of international law

-Art 2 Sec 2 Consti
-Reyes vs Bagatsing 125 SCRA (Vienna Convention of Diplomatic Relation)
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