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LEGISLATIVE INTENT

The object of all interpretation and construction of statutes is to ascertain the


meaning and intention of the legislature, to the end that the same may be
enforced.
Legislative Intent is determined principally from the language of the
statute.

STATUTE AS A WHOLE
The cardinal rule of statutory construction is that legislative intent must
be ascertained from a consideration of the statute as a whole not merely a
particular provision. A word or phrase might easily convey a meaning which is
different from what is actually intended.
A statute should be construed as whole because it is not to be presumed
that the legislature has used any useless words, and because it is dangerous
practice to base the construction upon only a part of it, since one portion may
be qualified by other portions.

SPIRIT AND PURPOSE OF THE LAW

When the interpretation of a statute according to the exact and literal import
of its words would lead to absurd or mischievous consequences, or would
thwart or contravene the manifest purpose of the legislature in its enactment,
it should be construed according to its spirit and reason, disregarding or
modifying the strict letter of the law.
WHEN THE REASON OF THE LAW CEASES, THE LAW ITSELF CEASES
(cessante ratione legis cessat ipsa lex)

DOCTRINE OF NECESSARY IMPLICATIONS

“No statute can be enacted that can provide all the details involved in its
application. There is always an omission that may not meet a particular
situation. What is thought, at the time of enactment, to be an all-embracing
legislation may be inadequate to provide for the unfolding of events of the
future. So-called gaps in the law develop as the law is enforced. One of the
rules of statutory construction used to fill in the gap is the doctrine of
necessary implication. The doctrine states that what is implied in a
statute is as much a part thereof as that which is expressed. Every statute
is understood, by implication, to contain all such provisions as may be
necessary to effectuate its object and purpose, or to make effective rights,
powers, privileges or jurisdiction which it grants, including all such collateral
and subsidiary consequences as may be fairly and logically inferred from its
terms. Ex necessitate legis. And every statutory grant of power, right or
privilege is deemed to include all incidental power, right or privilege. This is so
because the greater includes the lesser, expressed in the maxim, in eo plus
sit, simper inest et minus.

VERBA LEGIS
If the language of the statute if plain and free from ambiguity, and express in
a single, definite and sensible meaning, that meaning is conclusively
presumed to be the meaning which the legislature intended to convey.

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