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    Statutory Construction - Atty. Vyva Aguirre

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    Jade
    This document outlines the course Statutory Construction. It will be taught by Professor Vyva Victoria M. Aguirre and will focus on interpreting and construing statutes. Students will be graded based on recitation/digests (25%), quizzes (25%), and a final exam (50%). Academic honesty is strictly enforced, with violations resulting in failure without prejudice to disciplinary action. The course outline covers topics such as the nature and purpose of statutory construction, the use of legislative history and intent to interpret statutes, and distinguishing between mandatory and directory statutes.

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    Statutory Construction - Atty. Vyva Aguirre

    Uploaded by

    Jade
    43 views2 pages
    This document outlines the course Statutory Construction. It will be taught by Professor Vyva Victoria M. Aguirre and will focus on interpreting and construing statutes. Students will be graded based on recitation/digests (25%), quizzes (25%), and a final exam (50%). Academic honesty is strictly enforced, with violations resulting in failure without prejudice to disciplinary action. The course outline covers topics such as the nature and purpose of statutory construction, the use of legislative history and intent to interpret statutes, and distinguishing between mandatory and directory statutes.

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    Outline for Stat Con

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    This document outlines the course Statutory Construction. It will be taught by Professor Vyva Victoria M. Aguirre and will focus on interpreting and construing statutes. Students will be graded based on recitation/digests (25%), quizzes (25%), and a final exam (50%). Academic honesty is strictly enforced, with violations resulting in failure without prejudice to disciplinary action. The course outline covers topics such as the nature and purpose of statutory construction, the use of legislative history and intent to interpret statutes, and distinguishing between mandatory and directory statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    43 views2 pages

    Statutory Construction - Atty. Vyva Aguirre

    Uploaded by

    Jade
    This document outlines the course Statutory Construction. It will be taught by Professor Vyva Victoria M. Aguirre and will focus on interpreting and construing statutes. Students will be graded based on recitation/digests (25%), quizzes (25%), and a final exam (50%). Academic honesty is strictly enforced, with violations resulting in failure without prejudice to disciplinary action. The course outline covers topics such as the nature and purpose of statutory construction, the use of legislative history and intent to interpret statutes, and distinguishing between mandatory and directory statutes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    STATUTORY CONSTRUCTION

    Law004M (2 units)
    Vyva Victoria M. Aguirre

    Textbooks: R.E. Agpalo, Statutory Construction (6th ed., 2009)


    D.B. Funa, Canons of Statutory Construction (2nd ed., 2012)
    Requirements/Breakdown of Grades: (No make-up for quizzes. Make-up for Final Exam
    only for absence with valid reason, evidence of which must be presented.)
    Recitations/digests: 25%
    Quizes: 25%
    Finals: 50%

    Academic honesty: Violations of academic honesty, such as plagiarism, cheating, and


    fabrication will merit a failing grade for the course, without prejudice to the filing of
    disciplinary charges depending on the gravity of the offense.

    COURSE OUTLINE
    (In Progress)
    • Introduction
    • Validity, effect and operation of statutes
    • Nature and purpose of construction
    • Power to construe and its limitations
    Cases: Walter E. Olsen & Co. v. Aldanese, G.R. No. L-18740. March 29,
    1922; Salas v. Jarencio, G.R. No. L-29788. August 30, 1972; Morfe v. Mutuc,
    G.R. No. L-20387. January 31, 1968; Drilon v. Lim, G.R. No. 112497. August
    4, 1994; League of Provinces of the Philippines v. DENR, G.R. No. 175368.
    April 11, 2013 [Read separate concurring opinions on issue of standing to
    sue]; Integrated Bar of the Philippines v. Zamora, G.R. No. 141284. August
    15, 2000.
    Estrada v. Sandiganbayan, GR 148560, Nov 19, 2001; Barrameda v. Moir,
    G.R. No. 7927. August 8, 1913; Tatad v. Secretary of the Department of
    Energy, G.R. No. 124360. November 5, 1997.
    • Construction and Interpretation of Statutes, In general
    a. Aids to construction: Language and context
    • Language of the statute
    • Intent and spirit of the law
    • Policy of the law
    • Purpose of the law or mischief sought to be addressed
    • Consequences and presumptions
    b. Legislative history
    c. Contemporaneous construction
    i. In general
    ii. Legislative intent

    1
    • Black letter vs. Spirit of the law
    a. Literal interpretation
    b. Emphasis on “spirit” of the law
    • Interpretation of words and phrases
    a. In general
    b. Associated words
    c. Provisos, exceptions, saving clauses
    • Statutes construed as a whole and in relation to other statutes
    a. Construed as a whole
    b. In relation to the Constitution and other statutes
    • Strict or liberal construction
    a. In general
    b. Strict construction
    c. Liberal construction
    • Mandatory and directory statutes
    • Prospective and retroactive effect of statutes
    • Effect of amendment, revision, codification and repeal
    • Construction of the Constitution

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