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    Syllabus On Statutory Construction

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    Wajahat Ghafoor
    This document provides an overview of statutory construction and interpretation. It defines key terms, outlines guidelines and canons of construction, and discusses intrinsic and extrinsic aids. It also covers presumptions, strict vs liberal interpretation of different types of statutes, and prospective and retrospective application of laws. The document analyzes numerous cases as examples and concludes by discussing construction of constitutional provisions.

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    Syllabus On Statutory Construction

    Uploaded by

    Wajahat Ghafoor
    298 views3 pages
    This document provides an overview of statutory construction and interpretation. It defines key terms, outlines guidelines and canons of construction, and discusses intrinsic and extrinsic aids. It also covers presumptions, strict vs liberal interpretation of different types of statutes, and prospective and retrospective application of laws. The document analyzes numerous cases as examples and concludes by discussing construction of constitutional provisions.

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    Syllabus on Statutory Construction

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    This document provides an overview of statutory construction and interpretation. It defines key terms, outlines guidelines and canons of construction, and discusses intrinsic and extrinsic aids. It also covers presumptions, strict vs liberal interpretation of different types of statutes, and prospective and retrospective application of laws. The document analyzes numerous cases as examples and concludes by discussing construction of constitutional provisions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    298 views3 pages

    Syllabus On Statutory Construction

    Uploaded by

    Wajahat Ghafoor
    This document provides an overview of statutory construction and interpretation. It defines key terms, outlines guidelines and canons of construction, and discusses intrinsic and extrinsic aids. It also covers presumptions, strict vs liberal interpretation of different types of statutes, and prospective and retrospective application of laws. The document analyzes numerous cases as examples and concludes by discussing construction of constitutional provisions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    Syllabus

    on Statutory Construction
    By Atty Cherry Liez O. Rafal-Roble

    INTRODUCTION
    Definition of Statutory Construction
    Difference between Construction and Interpretation
    Situs of Construction and Interpretation
    Duty of the Courts to Construe and Interpret the Law
    Cases:
    Director of Lands vs CA [GR No 102858 July 28, 1997]
    Pascual vs Pascual, et. Al. [GR No. 84240 March 25, 1992]
    People of the Philippines vs Mario Mapulong [GR No.L-22301 August 30, 1967]

    STATUTES
    Legislative Procedures
    Parts of a Statute
    Kinds of Statutes
    Vague Statutes
    Express and Implied Repeals of Statutes
    Ordinance, validity
    Foreign Jurisprudence

    BASIC GUIDELINES IN THE CONSTRUCTION AND INTERPRETATIONOF LAWS
    Legislative Intent
    Socorro Ramirez vs CA and Garcia [GR No. 93833 Sept. 25, 1995]
    Verba Legis
    Basbacio vs Office of the Secretary, DOJ [GR No.109445 Nov 7, 1994]
    Statutes as a Whole
    JMM Promotions and Management Inc vs NLRC and Delos Santos [GR No 109835 Nov 22, 1993]
    Spirit and Purpose of the Law
    Manuel de Guia vs COMELEC [GR No.104712 May 6, 1992]
    Implications
    Chua vs CSC and NIA [GR No.88979 Feb 7, 1992]
    City of Manila and City Treasurer vs Judge Gomez [GR No.L-37251 Aug 31, 1981]
    Casus Omissus
    People vs Guillermo Manantan [GR No.L-14129 Jul 31, 1962]
    Stare Decisis
    JM Tuason and Co., Inc et al vs Mariano, et al [GR No L-33140 Oct 23, 1978]

    CONSTRUCTION AND INTERPRETATION OF WORDS AND PHRASES
    When the Law Does not Distinguish, Courts should not Distinguish
    Philippine British Assurance Co Inc vs IAC [GR No.L-72005 May 29, 1987]
    Pilar vs COMELEC [GR No.115245 July 11, 1995]
    Exceptions in the Statute
    Cecilio de Villa vs CA [GR No.87416 Apr 8, 1991]
    General and Special Terms
    Colgate-Palmolive Phils Inc vs Hon Jimenez [GR No. L-14787 Jan 28, 1961]
    General Terms Following Special Terms (Ejusdem Generis)
    Republic of the Philippines vs Hon Migrinio and Troadio Tecson [GR No.89483 Aug 30, 1990]
    Express Mention and Implied Exclusion (Expressio Unius Est Exclusion Alterius)
    San Pablo Manufacturing Corporation vs CIR [GR No. 147749 June 22, 2006]
    Associated Words (Noscitur A Sociis)
    Dra Brigida Buenaseda et al vs Sec. Juan Flavier, et al [GR No. 106719 Sep 21, 1993]
    Use of Negative Words
    Fule vs CA [GR No.L-79094 June 22, 1988]
    Use of May and Shall in the Statute
    Bersabal vs Hon Judge Serafin Salvador [GR No. L-35910 Jul 21, 1978]
    Use of the word Must
    Loyola Grand Villas Homeowners Association Inc vs CA [GR No.117188 Aug 7, 1997]
    Use of the term and and or
    Computation of Time
    Function of the Proviso
    ALU-TUCP vs NLRC and NSC [GR No. 109902 Aug 2, 1994]

    PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION
    Presumptions
    Presumption against Unconstitutionality
    Lim vs Pacquing [GR No. 115044 Jan 27, 1995]
    Aris (Phils) Inc vs NLRC [GR No. 90501 Aug 5, 1991]
    Presumption against Injustice
    Presumption against Implied Repeals
    Repeals of Statute by Implication Not Favored
    Presumption Against Ineffectiveness
    Presumption Against Absurdity
    Presumption Against Violation of International Law

    INTRINSIC AND EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
    Intrinsic Aids
    Title of the Law
    Text of the Statute
    Preamble
    Extrinsic Aids

    STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION OF STATUTES
    General Principles
    Penal Statutes
    Tax Laws
    Insurance Laws
    Labor and Social Legislation
    Retirement Laws
    Election Rules

    PROSPECTIVE AND RETROSPECTIVE; AND CONFLICTING STATUTES
    General Principles
    Penal Statutes
    Procedural Laws are Retrospective
    Curative Statutes
    Effect Should be Given to the Entire Statute
    Statutes in Pari Materia
    General and Special Statutes
    Statute and Ordinance

    CONSTRUCTION AND INTERPRETATION OF THE CONSTITUTION
    Self-executory/ Non-self executory
    Prohibitory Provisions
    Consitution must be Construed in its Entirety
    Liberal Construction of One Title, One Subject Rule
    Special Provision over General Provision
    Suprema Lex
    Stare Decisis

    PRESUMPTIONS
    Presumptions Against Injustice
    Karen E. Salvacion vs Central Bank of the Phils GR NO 94723 8/21/97
    Carlos Alonzo vs IAC and Padua GR NO. L-72873 5/28/87
    Presumption Against Implied Repeals
    Achilles Berces Jr vs Hon Exe Sec Guingona GR NO. 112099 2/21/95
    Repeals of Statute by Implication Not Favored
    Antonio Mecano vs COA GR NO. 103982 12/11/92
    Presumption against Ineffectiveness
    Paras vs COMELEC GR NO. 123169 11/4/96
    Presumption Against Absurdity
    CIR vs ESSO Standard Eastern GR NO. 28502-03 4/18/89
    Ursua vs CA GR NO. 112170 4/10/96
    Presumption Against Violation of International Law
    Reyes vs Bagatsing GR NO L-65366 11/9/83


    INTRINSIC AND EXTRINSIC AIDS IN CONSTRUCTION AND INTERPRETATION
    Intrinsic Aids
    Miriam Defensor Santiago vs COMELEC GR NO. 127325 3/19/97
    Preamble as Intrinsic Aid
    People vs Hon Vicente Echavez Jr GR NOS L-47757-61 1/28/80
    Extrinsic Aids
    Cecilio de Villa vs CA GR NO 87416 4/8/91
    Kilosbayan vs Morato GR NO 118910 7/17/95

    STRICT AND LIBERAL CONSTRUCTION AND INTERPRETATION OF STATUTES
    General Principles
    Penal Statutes
    Centeno vs Pernillos and People GR NO 113092 9/1/94
    People vs Walpan Ladjaalam y Milapil GR NO 136149-51 9/19/00
    Tax Laws
    ROP vs IAC and Sps Pastor GR NO 69344 4/26/91
    Ong Chia vs ROP GR NO 127240 3/27/00
    Insurance Law
    Finman General Assurance Corporation vs CA GR NO 100970 9/2/92
    Labor and Social Legislation
    Ramon Corporal vs ECC and GSIS GR NO 86020 8/5/94
    Domingo Vicente vs ECC GR NO 85024 1/23/91
    Retirement Law
    Tantuico Jr vs Hon Eufemio Domingo GR NO 96422 2/28/94
    Election Rules
    Roleto Pahilan vs Rudy Tabalba,
    COMELEC and Judge Tabano Jr GR NO 110170 2/21/94
    DSM Construction and Dev Corp vs CA
    and Megaworld Globus Asia Inc GR NO 166993 12/19/05

    PROSPECTIVE AND RETROSPECTIVE AND CONFLICTING STATUTES
    Cases:
    CIR vs Lingayen Gulf Electric GR NO L-23771 8/4/88
    Gallardo vs Juan Borromeo GR NO L-36007 5/25/88
    Balatbat vs CA and Pasion GR NO 36378 1/27/92
    Albino Co vs CA GR NO 100776 10/28/93
    Yakult Phils and Larry Salvado vs CA GR NO 91856 10/5/90
    Magtajas vs Pryce Properties and PAGCOR GR NO 111097 7/20/94

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