1. What is presumption against ineffectiveness?
- It is presumed that the lawmaking body does not intend to adopt laws, which are
unnecessary and ineffective. It is presumed that it intends to impart to its enactments such
a meaning as will render them operative and effective.
There are therefore two important rules of statutory construction on this point, thus:
a. Where a law is susceptible of two constructions, one of which will render it
unconstitutional and the other upholds its validity, the latter must be adopted.
b. Where the language of the statute is susceptible of two or more constructions, one
which will render the statute ineffective or inefficient and another which will tend to give
effect to the evident intent of the legislature, that construction which tends to give effect
to the object for which the law was adopted shall prevail.
2. What is the presumption against irrepealable laws?
-
It is presumed that the lawmaking body does not intend that its law shall be irrepealable.
The legislature cannot enact irrepealable laws or limit its future legislative acts. The
reason is obvious, the need of today and the situation obtaining now win not most likely
be the same in the years to come. Coup d'etat is new to the Philippine government.
Drug addiction became a serious menace in the 60's and the 70's. It is but proper that
those issues should be left to the better judgment of a new legislature.
-
In other words, it is always to be presumed in case of doubt of ambiguity that the
legislature does not intend to derogate from the authority of its successors, to make
irrepealable laws, or to divest the state of any portion of its sovereign powers.