Escolar Documentos
Profissional Documentos
Cultura Documentos
Course Outline
Statutory construction is “the art or process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application to a given case, where that
intention is rendered doubtful, amongst others, by reason of the fact that the given case is not
explicitly provided for in the law.” (Caltex v. Palomar, G.R. No. L-19650, September 29, 1966).
Main Reference Material: Legal Method Essentials 3.0 by Prof. Dante B. Gatmaytan1
Supplementary Materials: Statutory Construction (6th Edition, 2009) by Ruben E. Agpalo
Week 1 INTRODUCTION
Court of Appeals
Shari’a courts
Constitution
1
The book is available at the University of the Philippines Law Center.
Statute
Treaties
Administrative Issuances
Local Ordinances
Judicial Decisions
(9) Where the language of the law is clear, there is no room for
interpretation or construction.
Index animi sermo est (Speech is the index of intention)
D. Aids to construction
Week 9
(2) Legislative History
Explanatory note
Change in phraseology
Amendment by deletion
Adopted statutes
Legislative interpretation
Legislative approval
Reenactment
Stare decisis