You are on page 1of 5

MENS LEGISLATORES

By
Nestor P. Mondok

rather than one which will defeat it. the evils and mischief to be remedied. .The spirit of the law. the courts should look into the object to be accomplished. or the purpose to be sub-served. The court should give the statute a reasonable or liberal construction which will best effect its purpose. Related maxim: RATIO LEGIS. The court should give the statute a reasonable or liberal construction which will best effects its purpose rather than one which will defeat it even though such construction is not within the strict literal interpretation of the statute.MENS LEGISLATORES (INTENTION OF THE LEGISLATOR) By this principle.

Presumption of good faith -presumption against injustice -presumption against inconsistency -presumption against absurdity -presumption against ineffectiveness -presumption against irrepealable laws -presumption against implied repeal -presumption against violation of public policy -presumption of knowledge of existing laws .presumption of acquiescence to judicial construction -presumption of jurisdiction -presumption of acting within the scope of authority -presumption against violation of international law .INTENTIONS OF THE LEGISLATORS SPECIFIC INTENTIONS: (particular statute) *Object to be accomplished *Evils and mischief to be remedied *the purpose to be sub-served *manner of application GENERAL INTENTIONS: (Various PRESUMPTIONS COMMON in all statutes) -Presumption of validity -Presumption of Constitutionality .

the latter prevails.GENERAL PRINCIPLES IN THE CONSTRUCTION OF THE STATUTE          *In Pari Materia Rule *Statute must be read and construed as a whole. *As a rule. *Legislative intent must be ascertained from the statute as a whole. *In interpreting reenacted statutes. . *In case of conflict between a common law principle and statutory provision. including the conflicting provisions thereof. the interpretation of the state from where it came from should be considered. the court will follow the construction which statutes previously received. *Courts have the duty to reconcile or harmonize the different provisions of the statute. *In case of adopted statute. statute of latter date prevails. *Special law prevails over a general law. *Generalia specialibus non derogant.