Statutory Construction 1

Statutory Construction: ( Definition and Nature)

Construction:

Construction:
is the art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law.
- is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text, conclusions which are in the spirit, though not within the letter of the text.
Construction vs. Interpretation

- Strictly speaking, construction and interpretation are not the same, although the two terms are often used interchangeably.

- Strictly speaking, construction and interpretation are not the same, although the two terms are often used interchangeably. - Construction is the drawing of conclusions with respect to subjects that are beyond the direct expressions of the text, from the elements known and given in the text.

- Strictly speaking, construction and interpretation are not the same, although the two terms are often used interchangeably. - Construction is the drawing of conclusions with respect to subjects that are beyond the direct expressions of the text, from the elements known and given in the text.
- Interpretation, on the other hand, is the process of discovering the true meaning of the language used.
- Courts resort to interpretation when it endeavors to ascertain the meaning of a word found in a statute, may reveal a meaning different from that apparent when the word is considered abstractly or when given its usual meaning.
- Courts resort to interpretation when it endeavors to ascertain the meaning of a word found in a statute, may reveal a meaning different from that apparent when the word is considered abstractly or when given its usual meaning.
- When the Court, however, goes beyond the language of the statue and seeks the assistance of extrinsic aids in order to determine whether a given case falls within a statute, it resorts to construction.
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- Courts resort to interpretation when it endeavors to ascertain the meaning of a word found in a statute, may reveal a meaning different from that apparent when the word is considered abstractly or when given its usual meaning. - When the Court, however, goes beyond the language of the statue and seeks the assistance of extrinsic aids in order to determine whether a given case falls within a statute, it resorts to construction. - The end result of both construction and interpretation is the determination of legislative intent. If legislative intent is not clear after completion of interpretation, then the court will proceed to subject the statute to construction.
Nature of the Rules of Construction:
Nature of the Rules of Construction:

- Rules of construction are tools used to ascertain legislative intent. They are not rules of law but mere axioms of experience.
Purpose or object of construction:

- The cardinal rule in the interpretation or construction of all laws is to ascertain and give effect to the intent of the law.

- The cardinal rule in the interpretation or construction of all laws is to ascertain and give effect to the intent of the law. - All rules of construction or interpretation have for their sole object the ascertainment of the true intent of the legislature.

- The object of all judicial interpretation of a statue is to determine legislative intent, what intention is conveyed, either expressly or implied, by the language used, so far as it is necessary for ascertaining whether the particular case or state of facts presented to the court comes within it.

- The object of all judicial interpretation of a statue is to determine legislative intent, what intention is conveyed, either expressly or implied, by the language used, so far as it is necessary for ascertaining whether the particular case or state of facts presented to the court comes within it. - The office of statutory construction is to determine the meaning and the will of the lawmaking body, to the end that it may be enforced.
Legislative Intent:
Legislative Intent:
- It is the vital part of the law the essence of the law.
Legislative Intent:
- The intent of the legislature is the law, and the key to and the controlling factor in its construction or interpretation.
Legislative Intent:
- The intent of the legislature is the law, and the key to and the controlling factor in its construction or interpretation. - Legislative intent is the spirit which gives life to legislative enactment.
Legislative Intent:
- Legislative intent includes:
Legislative Intent:
a.) Legislative purpose; and
Legislative Intent:
a.) Legislative purpose; and b.) Legislative meaning.
Legislative Intent:
a.) Legislative purpose; and b.) Legislative meaning. - While the terms purpose, meaning, intent, and spirit are oftentimes interchangeably used, they are not entirely synonymous.
Legislative Purpose:
- is the reason why a particular statute was enacted by the legislature.
- In determining the legislative purpose of the law, the following questions may be asked:
- In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute?
- In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute? 2.) What is the object of the law?
- In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute? 2.) What is the object of the law? 3.) Is it to prevent a mischief?
- In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute? 2.) What is the object of the law? 3.) Is it to prevent a mischief? 4.) Is it to create new rights?
- In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute? 2.) What is the object of the law? 3.) Is it to prevent a mischief? 4.) Is it to create new rights? 5.) Is it to eliminate defects in existing laws?
- is the reason why a particular statute was enacted by the legislature. - In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute? 2.) What is the object of the law? 3.) Is it to prevent a mischief? 4.) Is it to create new rights? 5.) Is it to eliminate defects in existing laws? 6.) Is it to implement specific provisions or mandates of the Constitution?
- is the reason why a particular statute was enacted by the legislature. - In determining the legislative purpose of the law, the following questions may be asked: 1.) What did the legislature intend to achieve or accomplish by enacting the statute? 2.) What is the object of the law? 3.) Is it to prevent a mischief? 4.) Is it to create new rights? 5.) Is it to eliminate defects in existing laws? 6.) Is it to implement specific provisions or mandates of the Constitution? - The answer to all these is the purpose of the law.
Legislative Meaning:
Legislative Meaning:
- is what the law, by its language means what it comprehends, what it covers or embraces, its limits or confines.
Matters inquired into in construing a statute:

- In construing a statute, it is not enough to ascertain the intention or meaning of the statute.

- In construing a statute, it is not enough to ascertain the intention or meaning of the statute. - It is also necessary to see whether the intention or meaning has been expressed in such a way as to give it legal effect and validity.

- In construing a statute, it is not enough to ascertain the intention or meaning of the statute. - It is also necessary to see whether the intention or meaning has been expressed in such a way as to give it legal effect and validity. - The object of the inquiry therefore is not only to know what the legislature meant by the language used, but also to determine whether the language used sufficiently expresses that meaning.
How legislative intent is ascertained:

- The primary source of legislative intent is the statute itself. It has discovered from the four corners of the law itself.

- The primary source of legislative intent is the statute itself. It has discovered from the four corners of the law itself. - It has to be extracted from the statute as a whole and not from an isolated part or particular provision thereof.

- The primary source of legislative intent is the statute itself. It has discovered from the four corners of the law itself.
- It has to be extracted from the statute as a whole and not from an isolated part or particular provision thereof. - If the statute as a whole fails to indicate legislative intent because the words used are ambiguous, the court may look beyond the statute in order to ascertain what was in the legislative mind at the time the statue was enacted.
Subjects of Construction:
Law:
Law:
- In its generic sense, it refers to the whole body or system of law.
Law:
- In its generic sense, it refers to the whole body or system of law. - In its concrete sense, it refers to a rule of conduct formulated and made obligatory by the legitimate power of the state.
Law:
Law:
- It includes:
Law:
- It includes: 1.) Statute enacted by the legislature
Law:
- It includes: 1.) Statute enacted by the legislature 2.) Presidential decrees and executive orders issued by the President;
Law:
- It includes: 1.) Statute enacted by the legislature 2.) Presidential decrees and executive orders issued by the President; 3.) Other presidential issuances in the exercise of his ordinance power;
Law:
- It includes: 1.) Statute enacted by the legislature 2.) Presidential decrees and executive orders issued by the President; 3.) Other presidential issuances in the exercise of his ordinance power; 4.) Rulings of the Supreme Court construing the law;
Law:
- It includes: 1.) Statute enacted by the legislature 2.) Presidential decrees and executive orders issued by the President; 3.) Other presidential issuances in the exercise of his ordinance power; 4.) Rulings of the Supreme Court construing the law; 5.) Rules and Regulations promulgated by administrative or executive officers pursuant to a delegated power; and
Law:
- It includes: 1.) Statute enacted by the legislature 2.) Presidential decrees and executive orders issued by the President; 3.) Other presidential issuances in the exercise of his ordinance power; 4.) Rulings of the Supreme Court construing the law; 5.) Rules and Regulations promulgated by administrative or executive officers pursuant to a delegated power; and 6.) Ordinances passed by the sanggunians of local government units.
Constitution
Constitution
Constitution: Definition
Constitution
Constitution: Definition - Is a fundamental law which sets up a form of government and defines and delimits the powers thereof and those officers, reserving to the people themselves plenary sovereignty.
Constitution
Constitution: Definition - Is a fundamental law which sets up a form of government and defines and delimits the powers thereof and those officers, reserving to the people themselves plenary sovereignty. - Is a fundamental law or basis of government, established by the people in their sovereign capacity, to promote their happiness and to secure their rights, property, independence and common welfare.
Constitution
- It prescribes the permanent framework of a system of government, assigns to the different departments their respective powers and duties, and establishes certain fixed principles on which government is founded.
Constitution
- It prescribes the permanent framework of a system of government, assigns to the different departments their respective powers and duties, and establishes certain fixed principles on which government is founded.
- It is a supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.
Statutes:
Statutes:
Definition:
Statutes:
Definition: - It is an act of the legislature as an organized body, expressed in the form, and passed according to the procedure required to constitute it as part of the law of the land.
Statutes:
Definition: - It is an act of the legislature as an organized body, expressed in the form, and passed according to the procedure required to constitute it as part of the law of the land. - It is an act of the legislature commanding or prohibiting something;
Statutes:
Definition: - It is an act of the legislature as an organized body, expressed in the form, and passed according to the procedure required to constitute it as part of the law of the land. - It is an act of the legislature commanding or prohibiting something; - A particular law enacted and established by the will of the legislative department of government.
Kinds/Types of Statutes:
1.) As to scope of application:
1.) As to scope of application: a.) General
1.) As to scope of application: a.) General One which affects all of the people of the State or all persons or things of a particular class.
1.) As to scope of application: a.) General One which affects all of the people of the State or all persons or things of a particular class. b.) Special
1.) As to scope of application: a.) General One which affects all of the people of the State or all persons or things of a particular class. b.) Special One which relates either to particular persons or things of a class or which operates on a portion of a class instead of all the classes.
1.) As to scope of application: a.) General One which affects all of the people of the State or all persons or things of a particular class. b.) Special One which relates either to particular persons or things of a class or which operates on a portion of a class instead of all the classes. c.) Local
1.) As to scope of application: a.) General One which affects all of the people of the State or all persons or things of a particular class. b.) Special One which relates either to particular persons or things of a class or which operates on a portion of a class instead of all the classes. c.) Local One which operates over a particular locality instead of over the whole territory of the State.
2.) As to interested parties:
2.) As to interested parties: a.) Public
2.) As to interested parties: a.) Public One which concerns the interests of the public at large. It need not be a universal rule, in the sense that it applies to the entire territory or to all the people. It is enough that it concerns the public and not merely a private interest, although it is local or special.
2.) As to interested parties: a.) Public One which concerns the interests of the public at large. It need not be a universal rule, in the sense that it applies to the entire territory or to all the people. It is enough that it concerns the public and not merely a private interest, although it is local or special. b.) Private
2.) As to interested parties: a.) Public One which concerns the interests of the public at large. It need not be a universal rule, in the sense that it applies to the entire territory or to all the people. It is enough that it concerns the public and not merely a private interest, although it is local or special. b.) Private One which relates to concerns and affects particular individuals, private acts which specially enumerate by name the person, political subdivision or classes of persons affected in a special manner.
3.) As to effect (in time):
3.) As to effect (in time): a.) Prospective
3.) As to effect (in time): a.) Prospective One which anticipates the regulation of future conduct and operates upon acts done and transactions occurring after it takes effect.
3.) As to effect (in time): a.) Prospective One which anticipates the regulation of future conduct and operates upon acts done and transactions occurring after it takes effect. b.) Retrospective
3.) As to effect (in time): a.) Prospective One which anticipates the regulation of future conduct and operates upon acts done and transactions occurring after it takes effect. b.) Retrospective One that affects already committed and operates on transactions completed. It is intended to affect rights which accrued before it became operative, and ascribes to their effects not inherent in their nature considering the law in force at the time they accrued.
4.) As to purpose:
4.) As to purpose: a.) Remedial
4.) As to purpose: a.) Remedial Statutes which afford a remedy or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries; they include statutes for the correction of defects, mistakes and omissions in the civil institutions and administration of the state.
4.) As to purpose: a.) Remedial Statutes which afford a remedy or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries; they include statutes for the correction of defects, mistakes and omissions in the civil institutions and administration of the state. b.) Penal
4.) As to purpose: a.) Remedial Statutes which afford a remedy or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries; they include statutes for the correction of defects, mistakes and omissions in the civil institutions and administration of the state. b.) Penal Those statutes which impose a punishment for the violation of its provisions. These statutes generally define certain acts or omissions to be offenses against the state and imposes penalties thereon.
4.) As to purpose: a.) Remedial Statutes which afford a remedy or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries; they include statutes for the correction of defects, mistakes and omissions in the civil institutions and administration of the state. b.) Penal Those statutes which impose a punishment for the violation of its provisions. These statutes generally define certain acts or omissions to be offenses against the state and imposes penalties thereon. c.) Curative
4.) As to purpose: a.) Remedial Statutes which afford a remedy or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries; they include statutes for the correction of defects, mistakes and omissions in the civil institutions and administration of the state. b.) Penal Those statutes which impose a punishment for the violation of its provisions. These statutes generally define certain acts or omissions to be offenses against the state and imposes penalties thereon. c.) Curative Those which are enacted to cure defects in a prior law, or which validate legal proceedings, instruments, or acts of public authorities which without such statutes would otherwise be void for want of conformity with certain existing legal requirements.
5.) As to coercive force applied:
5.) As to coercive force applied: a.) Mandatory
5.) As to coercive force applied: a.) Mandatory A statute is mandatory if non-compliance therewith renders the proceedings to which it relates null and void.
5.) As to coercive force applied: a.) Mandatory A statute is mandatory if non-compliance therewith renders the proceedings to which it relates null and void. b.) Directory
5.) As to coercive force applied: a.) Mandatory A statute is mandatory if non-compliance therewith renders the proceedings to which it relates null and void. b.) Directory A statute or any of its provisions is directory if noncompliance therewith does not invalidate the proceedings to which it relates. It generally refers to mere matters of form or procedure intended for convenience.
6.) As to period of effectivity:
6.) As to period of effectivity: a.) Permanent
6.) As to period of effectivity: a.) Permanent One whose operation or activity is not limited to some particular term or period, but continues in force until repealed or amended.
6.) As to period of effectivity: a.) Permanent One whose operation or activity is not limited to some particular term or period, but continues in force until repealed or amended. b.) Temporary
6.) As to period of effectivity: a.) Permanent One whose operation or activity is not limited to some particular term or period, but continues in force until repealed or amended. b.) Temporary One whose operation or effectivity is limited to a fixed period or term. It continues in force up to the expiration of said period or term, unless earlier repealed or amended.
7.) As to stage of enactment:
7.) As to stage of enactment: a.) Original
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision.
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law.
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law. c.) Repealing
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law. c.) Repealing One which revokes or terminates another statute.
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law. c.) Repealing One which revokes or terminates another statute. d.) Adopted.
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law. c.) Repealing One which revokes or terminates another statute. d.) Adopted. Those which are adopted wholly or in part by another state.
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law. c.) Repealing One which revokes or terminates another statute. d.) Adopted. Those which are adopted wholly or in part by another state. e.) Re-enacted
7.) As to stage of enactment: a.) Original One which purports to be independent of existing statutory provision. b.) Amendatory One which expressly adds or supplements or works out an improvement in the original law. c.) Repealing One which revokes or terminates another statute. d.) Adopted. Those which are adopted wholly or in part by another state. e.) Re-enacted These are pre-existing statutes which are passed by the same legislature which originally enacted them in the same terms or in substantially the same language and for the same purpose and object as the original statute.

Statutory Construction 1

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Statutory Construction: ( Definition and Nature)

Statutory Construction: ( Definition and Nature)

Statutory Construction: ( Definition and Nature)

Construction vs. Interpretation

Construction vs. Interpretation

Construction vs. Interpretation

Construction vs. Interpretation

Nature of the Rules of Construction:

Nature of the Rules of Construction:

Purpose or object of construction:

Purpose or object of construction:

Purpose or object of construction:

Purpose or object of construction:

Purpose or object of construction:

Matters inquired into in construing a statute:

Matters inquired into in construing a statute:

Matters inquired into in construing a statute:

Matters inquired into in construing a statute:

How legislative intent is ascertained:

How legislative intent is ascertained:

How legislative intent is ascertained:

How legislative intent is ascertained:

- In its generic sense, it refers to the whole body or system of law.

- It includes: 1.) Statute enacted by the legislature

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