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    Statcon Syllabus

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    KrizzaShayneRamosArquero
    This document discusses statutory construction, including defining it and distinguishing it from interpretation. It covers how the different branches of government can affect interpretation and construction due to checks and balances. It also outlines the elements of law and sources of statutes. Finally, it examines various aids that can be used in interpreting and construing statutes, including intrinsic aids from elements of the statutes themselves and extrinsic aids like legislative history. It provides numerous examples of cases that discuss or apply different presumptions related to statutory construction.

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    Statcon Syllabus

    Uploaded by

    KrizzaShayneRamosArquero
    182 views3 pages
    This document discusses statutory construction, including defining it and distinguishing it from interpretation. It covers how the different branches of government can affect interpretation and construction due to checks and balances. It also outlines the elements of law and sources of statutes. Finally, it examines various aids that can be used in interpreting and construing statutes, including intrinsic aids from elements of the statutes themselves and extrinsic aids like legislative history. It provides numerous examples of cases that discuss or apply different presumptions related to statutory construction.

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    first year law subject half sem

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    statcon syllabus

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    This document discusses statutory construction, including defining it and distinguishing it from interpretation. It covers how the different branches of government can affect interpretation and construction due to checks and balances. It also outlines the elements of law and sources of statutes. Finally, it examines various aids that can be used in interpreting and construing statutes, including intrinsic aids from elements of the statutes themselves and extrinsic aids like legislative history. It provides numerous examples of cases that discuss or apply different presumptions related to statutory construction.

    Copyright:

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

    Statcon Syllabus

    Uploaded by

    KrizzaShayneRamosArquero
    This document discusses statutory construction, including defining it and distinguishing it from interpretation. It covers how the different branches of government can affect interpretation and construction due to checks and balances. It also outlines the elements of law and sources of statutes. Finally, it examines various aids that can be used in interpreting and construing statutes, including intrinsic aids from elements of the statutes themselves and extrinsic aids like legislative history. It provides numerous examples of cases that discuss or apply different presumptions related to statutory construction.

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    © All Rights Reserved
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    of 3

    STATUTORY CONSTRUCTION

    ATTY. SHIELA MAY R. LICUP


    S.Y. 2019-2020

    A. INTRODUCTION
    a. Definition of Statutory Construction
    b. Construction vs Interpretation
    c. Purpose
    d. Apply, Interpret or Construe
    e. Power to Construe
    f. When necessary to interpret or construe
    g. When not necessary
    i. Request of Tito G. Gustilo that the 25% grant of the special allowance for
    judges be included in the computation of his retirement benefits A.M.
    No. RTJ -04-1868, August 13, 2004
    ii. DIRECTOR OF LANDS v. COURT OF APPEALS, G.R. No. 102858, July 28,
    1997
    iii. CYNTHIA S. BOLOS v. DANILO T. BOLOS, G.R. No. 186400, October 20,
    2010
    iv. PEOPLE v. MARIO MAPA y MAPULONG, L-22301, August 30, 1967
    v. PEOPLE v. PATRICIO AMIGO, G.R. No. 116719, January 18, 1996
    h. Ambiguity
    i. TARLAC DEVELOPMENT CORPORATION v. COURT OF APPEALS, L-41012,
    September 30, 1976
    i. Branches of Government: How they affect interpretation and construction
    i. MUNICIPALITY OF SAN JUAN, METRO MANILA v. COURT OF APEALS, ET
    AL., G.R. No. 125183, September 29, 1997
    ii. LOUIS BIRAOGO v. THE PHILIPPINE TRUTH COMMISSION OF 2010, G.R.
    No. 192935, December 7, 2010
    iii. MANILA PRINCE HOTEL v. GSIS, MANILA HOTEL CORPORATION, ET AL.,
    G.R. No. 122156, February 3, 1997
    j. System of checks and balances: Legislative, Executive & Judiciary

    B. LAW
    a. Definition
    b. Elements
    c. Classification
    i. BERNABE v. ALEJO (GR # 140500, January 21, 2002)
    ii. SEBASTIAN v. MORALES (GR # 141116, February 17, 2003)
    d. Concept
    e. Sources
    i. NESTLE PHILIPPINES INC., v. CA (GR # 86738, November 13, 1991)
    f. Statutes
    g. Parts of Statutes

    1|Page
    h. Effectivity of Law
    i. LORENZO M. TAÑADA ET AL. v. HON. JUAN C. TUVERA ET AL. 146 SCRA 446
    (1986) G.R. No. L-63915, December 29, 1986
    ii. Philippine International Trading Corp. v. Angeles, G.R. No. 108461, October
    21, 1996, 331 PHIL 723-752

    C. AIDS IN INTERPRETATION AND CONSTRUCTION


    a. INTRINSIC AIDS
    i. Title
    ii. Preamble
    iii. Words, Phrases and Sentences, Context
    iv. Punctuation
    v. Headings and Marginal Notes
    vi. Legislative Definition and Interpretation
    1. Office of the Ombudsman v. Masing GR No. 165416, January 22,
    2008
    2. US v. Hart, et al. 26 Phil.146
    3. People v. Hon. Purisima, et al., GR Nos. L-420050-56, November 20,
    1978
    4. Paras v. Commission on Elections, GR No. 123169, November 4,
    1996

    b. EXTRINSIC AIDS
    i. Contemporaneous Circumstances
    ii. Policy
    iii. Legislative History of the Statute
    iv. Contemporaneous and Practical Construction
    v. Executive construction
    vi. Legislative construction
    vii. Judicial construction
    viii. Construction by the Bar and Legal Commentators
    1. Bonifacio v. Judge Dizon GR No. 79416, September 5, 1989
    2. Simon B. Aldovino, Jr. et al. v. COMELEC, GR No. 184836, December
    23, 2009
    3. Joker Arroyo, et al. v. Jose De Venecia, et al., GR No. 127255, June
    26, 1998

    c. PRESUMPTIONS IN AIDS OF CONSTRUCTION


    i. Presumption of Validity
    1. Carlos Superdrug Corp. v. DSWD, GR No. 166494, June 29, 2007
    ii. Presumption of Constitutionality
    1. Romualdez v. COMELEC, GR No. 167011, December 11, 2008
    iii. Presumption of Good Faith
    iv. Presumption against Injustice

    2|Page
    1. Article 10 of Civil Code
    2. Alonzo v. Intermediate Appellate Court, L- 72873, May 28, 1987
    v. Presumption against Inconsistency
    vi. Presumption against Absurdity
    1. Lluz v. Comelec, GR No. 172840, June 7, 2007
    vii. Presumption against Ineffectiveness
    1. Paras v. Comelec, GR No. 123169, November 4, 1996
    viii. Presumption against Irrepealable Laws
    1. The City of Davao v. RTC, GR No. 127383, August 18, 2005
    ix. Presumption against Implied Repeals
    1. Mecano v. Comm. On Audit, GR No. 103982, December 11, 1982
    x. Presumption against Violation of Public Policy
    1. Avon Cosmetics v. Luna, GR No. 153674, December 20, 2006
    xi. Presumption of Knowledge of Existing Laws
    xii. Presumption of Acquiescence to judicial construction
    xiii. Presumption of Jurisdiction
    xiv. Presumption of Acting within the Scope of Authority
    xv. Presumption Against Violation of International Law
    1. Article 2, Section II, 1987 Constitution

    3|Page

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