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What is Statutory Construction?
It is discovering and expounding the meaning and intention of the law
Distinguish between construction and interpretation?
Construction is the mere interpretation by resolving ambiguities, filling gaps, or clarifying legislative intent when the language is unclear. Interpretation, on the other hand, is finding the exact meaning of the words used in a statute, often applying their plain and ordinary meaning.
Construction is applied when the law is vague, ambiguous, or leads to unreasonable outcomes. Interpretation is used when the statute is unclear and unambiguous.
What is the purpose of the rules of statutory construction?
The purpose is to ascertain and give effect to legislative intent while ensuring that laws are applied justly, consistently, and in harmony with the Constitution.
What is the purpose of statutory construction?
The object or purpose of all judicial interpretation of a statute is to determine legislative intent, what intention is conveyed, whether expressly or impliedly 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.
What is legislative intent?
The purpose or objective the lawmakers had when enacting a statute. It is determined by examining the language, structure, and historical context of the law.
What is legislative purpose?
it is referred to as the reason why the legislature enacted a particular statute.
What is legislative meaning?
it is what the law is, by its language, means. What it comprehends; what it covers or embraces; what its limits or confines are.
What is the source of legislative intent?
the primary sources are
Statutory Text – If clear, courts avoid legislative history; tests include verba legis and liberal vs. strict construction.
Presumptions & Clear Statements Rule – Constitutional and interpretative considerations.
Caselaw (Stare Decisis) – Courts follow prior rulings and rarely revisit legislative history.
Committee Reports – Provide policy context but may reflect committee bias.
Other Congressional Sources – Includes conference reports, sponsor statements, bill revisions, debates, hearings, studies, and amendments.
Non-Congressional Sources – Presidential signing statements, media reports, and investigatory findings.
Why is construction a judicial function?
Construction is a judicial function because courts are responsible for resolving ambiguities and ensuring that laws are applied consistently with the Constitution and legislative intent. The judiciary has the authority to interpret laws when disputes arise.
May judicial interpretation be set aside?
Court interpretations of statutes or the Constitution are not absolute and can be changed or overruled by the Supreme Court. While the Court has the final say in interpretation, the legislature can alter its effect by amending or repealing the law itself.
When may courts consture a statute?
Courts engage in statutory construction when a law's language is ambiguous, unclear, or leads to multiple
interpretations. This process ensures that the statute is applied in a manner consistent with legislative intent and public policy. If the statute's wording is plain and unambiguous, courts typically apply the law as written without resorting to construction
What is the verba legis or plain meaning rule?
derived from the maxim index animi sermo est (speech is the index of intention) resets on the valid presumption that the words employed by the legislature in a statute correctly express its intention or will and preclude the court from construing it differently.
Discuss Art. 8 of the Civil Code.
"Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the
legal system of the Philippines."
This means that while judicial decisions are
not laws, they serve as authoritative
interpretations and applications of the
law, guiding future cases and ensuring
consistency in the legal system.
Do Judicial Rulings have retroactive effect
Judicial rulings generally have retroactive effect, meaning they apply to events that occurred before the ruling was issued. However, exceptions exist, especially when retroactive application would result in injustice or affect vested rights.
Discuss Article VIII, Section 4 (3) of the 1987 Constitution.
A case or matter shall be deemed submitted for
decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself."
This provision defines the point at which a case is considered ready for judicial determination, marking the start of the period within which the court
What are the limitations on the power to construe?
No Expansion or Restriction – Courts cannot extend a statute’s scope to cover situations not intended by lawmakers. Omissions, whether accidental or deliberate, cannot be judicially added. Judges must apply the law as written, without rewriting or revising it.
Not Based on Wisdom or Expediency – Courts do not judge a law’s fairness or practicality. As long as a law is constitutional, courts interpret and apply it, regardless of personal views. Judges may suggest changes, but they must enforce the law as enacted.
