November 14, 2023

MIDTERM EXAMINATION STATUTORY CONSTRUCTION

Atty. Nasifah D. Abolais-Langlang
MSU-MAIN, COLLEGE OF LAW

1. A. Define Statutory Construction. (5pts.)

B. Distinguish Construction from Interpretation. (5pts.)

C. Do rules of construction have binding effect on courts? (5pts.)

2. In the 1935 Constitution, Section 9, Article VIII, it is stated there that "the members of
the judiciary shall receive such compensation as may be fixed by law, which shall not be
diminished during their continuance in office. The Supreme Court held in a case that the
collection of income tax from the salaries of the judicial officers is a diminution of their
salaries, thus they must be exempt.

The legislature enacted RA 590 wherein in Section 13, it states that "no salary whenever
received by any public officer of the Republic of the Philippines shall be considered
exempt from income tax, payment of which is not a diminution of his compensation fixed
in the constitution or by law."

Can RA 590 be declared unconstitutional? (10pts.)

3. A. What are the parts of the Statute which are considered essential? Explain briefly.
(10pts)

B. What is the purpose of the requirement that a title of a statute must embrace the same
subject? (5pts)

C. Can a title not relate to the subject of a bill? (5pts)

4. The Supreme Court declared unconstitutional three (3) provisions of RA 8180 or An Act
Deregulating the Downstream Oil Industry. These provisions include the provision on 4%
tariff differential, minimum inventory and predatory pricing which were declared anti-
competition. These provisions are the key provisions of RA 8180. The law contains a
separability clause.

Does the declaration of unconstitutionality of the key provisions of RA 8180 declare the
entire law as unconstitutional? Explain (5pts)

5. A. If there are two (2) conflicting statutes enacted by the Congress, does the statute which
has latest in date automatically repeal the prior statute? (5pts)

B. What is the effect of the declaration of unconstitutionality of a law? (5pts)

 C. Section 9, RA 6679 states that "The decision of the municipal or metropolitan trial
courts in contests relating to barangay official may be appealed within 10 days from
receipt of a copy thereof by the aggrieved party to the Regional Trial Court (RTC)".

The Supreme Court declared unconstitutional the part of the provision giving the RTC
jurisdiction over decisions of the MTC/MeTC in contests relating to barangay officials
because the COMELEC and not the RTC that has the jurisdiction.

Petitioner X contends that since what was the declared unconstitutional is the part stating
the appeal should be made to the RTC, then the provision on the 10-day period should be
valid, thus can be validly invoked by them in their appeal. Is the contention tenable?
(5pts)

6. A. The 18th Congress of the Philippines enacted a law declaring every February 14 of the
year as Non-working holiday in the City of Marawi in recognition of its liberation from
the 2017 siege. What is the classification of the said law? (5pts)

B. How does a bill become a law? (5pts)

C. What is the Enrolled Bill Doctrine? (5pts)

D. In case of discrepancy between a journal and enrolled bill, which will prevail? (5pts)

7. A. lt is a well-settled in our jurisdiction that the Judiciary is mandated to interpret our

laws and statutes. When the court corrects a clerical error or obvious mistake in our
statutes, is it indulging in judicial legislation? (5pts)

B. What are the requisites of a valid exercise of judicial review? Explain each requisite
briefly. (5pts.)

C. What is the expanded concept of judicial review? (5pts)