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STATUTORY

CONSTRUCTION
Atty. Vir Celito C. Raymundo
INTRODUCTION
INTRODUCTION TO THE SUBJECT

The case of
Chief Justice Maria Lourdes Sereno

Republic vs. Sereno


G.R. No. 237428, May 11, 2018
Section 2. The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other public
officers and employees may be removed from office as provided by law,
but not by impeachment. (Art. XI, 1987 Philippine Constitution)

Petitioner Republic: Respondent Sereno:


The Chief Justice The Chief Justice
may be removed can only be
through quo removed by
warranto. impeachment.
“It is a settled rule of legal hermeneutics that if the
language under consideration is plain, it is neither
necessary nor permissible to resort to extrinsic aids, like
the records of the constitutional convention, for its
interpretation. 165

The provision uses the permissive term "may" which, in


statutory construction, denotes discretion and cannot be
construed as having a mandatory effect. 166 We have
consistently held that the term "may" is indicative of a
mere possibility, an opportunity or an option. The
grantee of that opportunity is vested with a right or
faculty which he has the option to exercise. 167 An option
to remove by impeachment admits of an alternative
mode of effecting the removal.” (Supra.)
Statutory Construction

The art or process of discovering and


expounding the meaning and intention of the
authors of the law, where that intention
rendered doubtfully by reason of ambiguity in
its language or of the fact that the given case
is not explicitly provided for in the law.
Section 4. The President and the Vice-President shall be
elected by direct vote of the people for a term of six years
which shall begin at noon on the thirtieth day of June following
the day of the election and shall end at noon of the same date
six years thereafter. The President shall not be eligible for any
reelection. No person who has succeeded as President and
has served as such for more than four years shall be qualified
for election to the same office at any time.

Xxx.

(Art. VII, 1987 Philippine Constitution)


Legal Opinions

- GMA News

-Rappler
- The Manila Times

-PhilStar
This subject will aid and help the students in:

1. Understanding the process in the


enactment of a law or statute.

2. Knowing and understanding the different


aids and rules in the construction and
interpretation of statutes.

3. Knowing and understanding when to apply


the said aids and rules in the construction
and interpretation of statutes.
ASSIGNMENT
Read and understand topics B and C in your outline:
B. Statutes
1) Legislative procedures
2) Steps of becoming a law
3) Constitutional test
4) Parts Statutes
5) Kinds
6) Concepts
7) Repeals
C. Ordinance
1) Test of its validity
THANK YOU!

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