Camarines Norte School of Law Barangay Itomang, Talisay, Camarines Norte 1st Semester – A.Y. 2021-2022 FINAL EXAMINATION STATUTORY CONSTRUCTION AERON DAVE C. ENOVA INSTRUCTIONS 1. This Questionnaire contains three (3) pages. Check and make sure that your Questionnaire has the correct number of pages. You may write on your Questionnaire as you answer the questions. Read each question very carefully and write your answers in your Booklet in the same order of the questions. Answer the essay questions legibly, clearly, and concisely. Write your answers only on the front of every page of your booklet. If the front pages are not sufficient, continue at the back of the first page and so on. Start every number on a separate page, but an answer to a sub-question under the same number may be written continuously on the same page and on the immediately succeeding pages until the answer is complete. Follow the numbering sequence of the Questionnaire in your answers. 2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain even if the questions do not expressly require explanations. A "Yes" or "No" answer without explanation or discussion will not be given full credit. 3. Marking of your booklet with your name or other identifying signs or symbols extraneous to the subject matter of the questions may be considered as cheating and may disqualify you. ~ Good luck! ~ I. a.) Define 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 b.) Distinguish Construction from Interpretation. - - Interpretation is the art of finding the true meaning and sense of any form of words in a statute while construction is the process of drawing warranted conclusions not always included in direct expressions or determining the application of words to facts in litigation. Interpretation is the art or process of expounding the meaning and intention of the authors of the law when the statute itself is enough to help find its meaning and effect and using intrinsic aids, while construction is applying the rules of construction using extrinsic aids. Page 1 of 7 II. Section 1 of Republic Act 809, otherwise known as the Sugar Act of 1952, provides that “in the absence of written milling agreements between the majority of the planters and the millers of sugarcane in any milling district in the Philippines, the unrefined sugar produced in that district from the milling by the sugar central of the sugarcane of any sugarcane planter or plantation owner, as well as by-products and derivatives thereof, shall be divided between them” in the proportion therein specified. Section 9 of the said Act, provides that “the proceeds of any increase in participation granted under this Act and above their present share shall be divided between the planter and his laborer on the plantation in the proportion of 60% for the LABORER and 40% for the planter. a.) Define legislative meaning. - legislative meaning is what the law, by its language,means. What it comprehends; what it covers or embraces; what its limits or confines are. If there is ambiguity in the language used in a statute, its purpose may indicate the meaning of the language and lead to what the legislative intent is. b.) Does Republic Act 809 apply even if the majority of the sugarcane planters have written milling agreement with the miller or central stipulating a sharing proportion different from that provided in Section 1 of the Act? - Yes, because the legislative intent is thus to make the act operative irrespective of whether there exists a milling agreement between the central and the sugar planters. and the legislative meaning, which is not clearly disclosed in the language of the act is thus indicated, which is to give the laborers a share for as long as sugar is produced and the planters receive an increased participation. III. a.) Define INTRINSIC aids to construction. Enumerate and briefly discuss the different intrinsic aids to construction. Intrinsic aids are tools used to interpret the provisions of the law or the legislative intent which are found expressly in the statute. Intrinsic aids: 1. Title - the rule that the title of a statute may properly serve as guide to ascertaining legislative intent carries more weight in this jurisdiction because of the constitutional requirement that “ every bill shall embrace only one subject which shall be expressed in the title thereof ” 2. Preamble - states the purpose , reason or justification for the enactment of the law. 3. The Body - or context of whole text, which is the best source from which to ascertain the legislative intent, the words, phrases, sentences, sections, clauses, provisions - taken as a whole in relation to one another 4. Punctuation marks and capitalization of letters - it may be used as additional argument for adopting the literal meaning of the words as thus punctuated and capitalized Page 2 of 7 b.) Define EXTRINSIC aids to construction. Enumerate and briefly discuss the different extrinsic aids to construction. Extrinsic Aids - They are tools in the construction of statute that are found beyond the statute itself- from outside sources. They are resorted to only upon conclusion that the ambiguity remains upon exhausting all available intrinsic aids. Tools 1. Legislative History - It refers to the deliberations made during the process wherein the proposed bill is carried throughout the Congress. They may be found in journals, records and minutes of the meetings of the committees. 2 elements of Legal acts: Internal (intention) and external (expression). Failure of the latter defeats the former 2. Contemporaneous Construction Contempraea exposito est optima fortissimo in lege. - Contemporary application is the best and strongest means of understanding the law. It pertains to the construction (or sometimes rulings/opinions if quasijudicial bodies) made by the officers or bodies (executive construction) often tasked to implement the law. It is used only and only when, in case of substantial doubt and ambiguity. Not binding to courts and may be rejected if found erroneous. 3. Jurisprudence serve as guidance It includes judicial notice. 4. Legal Materials They pertain to published articles, books, treatise by people considered as experts in their field. Examples are as follows: - - i. Legal Dictionary and Encyclopedia such as Black’s Law Dictionary, Philippine Legal Dictionary and Bouvier’s Law Dictionary. ii. Law Books (e.g. SCRA of Centralbooks) iii. Legal Treatise pertains to academic paper written by experts in their respective fields of law. iv. Official Statements and Opinions refer to published official statements made by officials in the course of their official duties. Examples are opinions rendered by the Secretary Justice on issues of laws and circulars or memoranda issued by the Commissioner of Internal Revenue regarding the treatment and application of NIRC. v. Law Journals are publications made by law schools or organizations showcasing commentaries or legal opinions made by its faculty or members. (like novel issue of law or recently decided cases) vi. Foreign jurisdictions pertain to decisions handed by courts of foreign decisions. They are at most persuasive. Page 3 of 7 IV. State Section 26, Article VI of the 1987 Philippine Constitution. - Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. V. a.) What are the condition sine qua non before the courts can construe a statute. - A condition sine qua non before the court may construe or interpret a statute is that there be doubt or ambiguity in its language. b.) Discuss Verba Legis or the Plain Meaning Rule. - Verba Legiis or the plain meaning rule states that the court is bound to apply the plain language of the statute to give effect to the intention of the legislature thus if the language is clear and unambiguous the court will apply the law. VI. a.) Define the Doctrine of Political Question. The doctrine of political question defines that the courts will refuse to hear a case if they find that it presents a political question. b.) What are the different limitations on the power of the courts to construe statutes? Discuss each. - Article VIII of 1987 Constitution provides that: Judicial power includes duty of the courts to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Requisites: 1. An actual and appropriate case or controversy 2. A personal and substantial interest of the party raising the constitutional question 3. The exercise of judicial review is pleaded at the earliest opportunity 4. The constitutional question raised is the very lis mota of the case. VII. a.) What is Contemporary Construction? - contemporary or practical constructions are the constructions placed upon statutes at the time of, or after their enactment by the executive, legislature, or judicial authorities, as well as by those who, because of their involvement in the Page 4 of 7 process of legislation, are knowledgeable of the intent and purpose of the law, such as draftsmen and bill sponsors. b.) Explain the latin maxim – “Contemporanea exposition est optima et fortissima in lege”. - Contemporanea exposition est optima et fortissima in lege means the contemporary construction is strongest in law because the contemporaneous construction is very probably the true expression of the legislative purpose especially if the construction is followed for a considerable period of time. it is thus entitled to great weight and respect by the courts in the interpretation of ambiguous provisions of law, and unless it is shown to be clearly erroneous, contemporaneous construction will control the interpretation of statute by the courts. VIII. a.) Briefly explain the Rule-Making Power of the Supreme Court. According to the 1987 Constitution, Art. VIII, sec. 5, The Supreme Court exercises the following powers: 1. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of the lower courts in: ○ All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question; ○ All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; ○ All cases in which the jurisdiction of any lower court is in issue; ○ All criminal cases in which the penalty imposed is reclusion perpetua or higher; ○ All cases in which only an error or question of law is involved; (https://www.officialgazette.gov.ph/about/gov/judiciary/sc/) b.) Explain/Discuss the following: Stare Decisis Doctrine Page 5 of 7 - Stare decisis means that for the sake of certainty, a conclusion reached in one cased should be applied to those that follow if the facts are substantially the same, even though the parties may be different. (G.R. No. 147097 https://lawphil.net/judjuris/juri2009/jun2009/gr_147097_2009.html) Operative Fact Doctrine - The operative fact doctrine recognizes the existence and validity of a legal provision prior to its being declared as unconstitutional and hence, legitimizes otherwise invalid acts done pursuant thereto because of considerations of practicality and fairness. (https://www.lawphil.net/judjuris/juri2019/oct2019/gr_203754_2019.html - [ G.R. No. 203754, October 15, 2019 ]) IX. Briefly discuss the following: a. Verba Legis or the Plain Meaning Rule - Verba Legiis or the plain meaning rule states that the court is bound to apply the plain language of the statute to give effect to the intention of the legislature thus if the language is clear and unambiguous the court will apply the law. b. Ejusdem Generis - When certain things are enumerated, and then a certain phrase is used which might be construed to include other things, it is usually confined to ejusdem generis or of the same kind with regard to the preceding words. c. Expressio unius est exclusio alterius - The express mention of one person, thing or consequence is tantamount to express of exclusion of all others Exception: when would result of injustice or when exclusion has nothing to do with the purpose or if it is only by way of example. d. Contemporanea exposition est optima et fortissima in lege”. - Contemporanea exposition est optima et fortissima in lege means the contemporary construction is strongest in law because the contemporaneous construction is very probably the true expression of the legislative purpose especially if the construction is followed for a considerable period of time. it is thus entitled to great weight and respect by the courts in the interpretation of ambiguous provisions of law, and unless it is shown to be clearly erroneous, contemporaneous construction will control the interpretation of statute by the courts. e. Noscitur a sociis - When a word is ambiguous, its meaning can be ascertained from its associates. Page 6 of 7 f. Redendo singula singulis - when a list of words has a modifying phase at the end, the phrase refers only to the last X. a) A statute provides that the President “may not deport foreigners except upon investigation”. Can the President, pending arrangements for the deportation, also detain the undesirable alien for a reasonable period of time? Explain. - Yes, the President can also detain the undesirable alien for a reasonable period of time, pending arrangements for the deportation. It is a rule in statutory construction that when a law is passed, it means that authorities and other incidental power is also given even though the said are not expressed in the context of the law. b) Explain the legal maxim dura lex sed lex. - The legal maxim dura sed lex means that “the law is harsh but it is the law”. It reiterates that is it the duty of the court to enforce and follow the law regardless of its personal opinion. Page 7 of 7
