GALLARDO, DANIELLE LARIZZE O.

JD 2027 block 2

(1) The doctrine of separation of powers provides a distinct classification of the powers
given to the branches of the government so as to prevent the unnecessary overlapping of
their roles. Statutory construction, on the other hand, being a field of study, discusses the
different principles in constructing a statute. Hence, in order to avoid obscure and unclear
statutes, there must be a clear distinction and classification of the different powers of the
government.
(2) Legislative intent is the principle that provides the clear objective of statutory
construction by being the ascertained meaning behind the statute. In the Philippine
legislature, legislative intent is determined by calling for a session in the bicameral
legislative unit of the government spearheaded by their corresponding leaders— Senate
President and Chair of the House of Representatives.
(3) The Constitution shall prevail in cases of conflict between a constitution and statute. The
Constitution is the supreme law of the state to which all other statutes are rooted on.
Hence, the Constitution must prevail over statutes in case of conflict.
(4) No, it is not. For a law to be deemed valid, it must be published in the Official Gazette
after its approval and must render not less than 60 days or not more than 90 days notice to
the public. In the situation provided, there was no information given that the law was
published in the Official Gazette; hence, the law is not valid.
(5) Yes. So long as there are still provisions in the law that were declared valid by the
Supreme Court, then the law may still be deemed valid.
(6) The verba legis rule must prevail over ratio legis rule. Verba legis doctrine is applied
when the statutes are clear and unambiguous. Ratio legis doctrine, on the other hand, only
applies when there is no direct interpretation of the said statute. If there already is an
explicit interpretation of the statute, there is no need to provide its implicit interpretation.
(7) Lady justice is represented as a blindfolded woman because regardless of the race, sex, or
other distinguished profile of a human being, justice is determined as the equality of the
proportion rather than the propriety or sufficiency of the acts. This means that regardless
of the race of the victim and the accused, the maxim dura lex sed lex is still put in place.
Moreover, it is the duty of the counsel of the victim to prove the guilt of the accused.
Hence, it is the duty of the counsel of the Filipino victim to ensure that justice is served in
favor of his client and against his perpetrator.
(8) Among the different parts of the statute, the body is the most important as such is the
main subject matter in a statute. Not only does it contain the operative part of a statute,
but also because it contains its substantive and procedural provisions.
(9) Statutory construction is one of the driving forces of a lawyer. It is the fundamental
principle of a lawyer’s obligation to society. Hence, it is only fitting that a lawyer be not
only knowledgeable but also strives to be an expert in the said discipline of statutory
construction.
 (10)No. As is told in the blending of powers principle written in the constitution, the Supreme
Court is merely acting on one of its function as the highest court of the land. It does not
intend to assert supremacy but rather to blend its capability and functionality with the
other two branches of the government to provide better statutes for the country.

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