Stat Con Lecture

Stat Con Lecture
Can you define Statutory Construction?

Statutory Construction is the act 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, among others, by reason of the fact that the given case is not expressly provided in
the law.
Distinguish Construction from Interpretation
Do they have the same purpose? Obscurity, ambiguity, what to do? Clear, unambiguous, what to do?
When to apply the law? When to interpret the law? When to construct the law?
In Songco, et al v. NLRC, how did the Supreme Court emphasize the rule in construction and
interpretation of the law?
How about in Ramirez v. CA? In Domingo v. COA? In Republic V. CA, 299 SCRA 199?
Three Cardinal Rules when the wordings of the Constitution are subject to interpretation
Verba Legis – ordinary meaning
Ratio Legis Est Anima – according to iontent
Ut Magis Valeat Quam Pereat – better to validate than to invalidate
Can anybody interprets the law?
Can you give examples of persons or authority that interpret a law,
Whose interpretation is conclusive or binding to the courts?
Purpose of interpretation and construction – ascertain and give effect to legislative intent
When it is necessary to interpret and construct?
When it is not necessary to interpret and construct? – clear and categorical
Bolos v. Bolos G.R. No. 186400
Request of Judge Tito Gustilo – accrued meaning - Ambiguity?
Explain the present structure of the government?
Three branches of the government
Legislative Branch - Two kinds of legislative power – Original - Derivative
Municipality of San Juan , Metro Manila v. CA et al – G. R. No. 125183

JUDICIAL POWER – traditional / expanded / new definition of judicial power/ what are the requisites of
the exercise of judicial power – lehga;l standing , actual case, constitutional question must be raised
immediately/ lis mota
What is the significance of the expanded jurisdiction of the Supreme Court? Wide latitude of power
Biraogo v. Philippine truth commission

Lagman et al v. executive secretary ////equal protection clause art. 3 sec 1
Manila Prince Hotel v. GSIS, Manila Hotel
National Patrimony
Self Executing provisions
Filipino First Policy – Article 12 sec 10
Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the
national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least
sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may
prescribe, certain areas of investments. The Congress shall enact measures that will encourage the
formation and operation of enterprises whose capital is wholly owned by Filipinos.cralaw
In the grant of rights, privileges, and concessions covering the national economy and patrimony, the
State shall give preference to qualified Filipinos.cralaw
The State shall regulate and exercise authority over foreign investments within its national jurisdiction
and in accordance with its national goals and priorities.
In the exercise of judicial power the following rules shall be observed

The law is clear -- apply
Apply the law without fear or favor I case of doubt – intention is right and justice to prevail
When interpreting a law, the meaning intented by legislature
When there are two interpretation – one that is desired by congress
Pleading and practice to be construed liberally to obtain just and speedy inexpensuive
determination of action and proceedings
Judges cannot decline to render judgment by reason of silence, obscurity, insufficiency of the
law
Nulla poena sine lege
EXECUTIVE DEPARTMENT
Give example of offices that are under the executive department. Who heads the executive
department. The constitution enumerated the powers of the president, are the powers of the president
limited only to those that are enu,erated in the cosntituion?
What is residual power?
As declared by the Supreme Court, the residual power it is the power borne by the President’s duty
to preserve and defend the Constitution. It may also be viewed as a power implicit in the President’s
duty to take care that the laws are faithfully executed. (Marcos v. Manglapus, 177 SCRA 668)
What is the executive power of the president?

Is the president required to determine the validity of the law before executing it?
Explain the system of check and balabnces in the government

Legislature enacts laws – presented to the president for signing – president may veto
Executive department may modify or set aside judgment
Legislative department may amend revoke decision of SC,,,ho?
How can the Executive Department modifies a judgment rendered by the judiciary?
How can the Legislative Department modifies a judgment rendered by the Judiciary?
The President vetoed an enrolled bill then he communicated the same to Congress. Undaunted,
Congress repassed the bill by a two third votes, there upon congress sent the repassed bill to the office
of the president. The office of the president refused to receive the bill, contending that the president
had vetoed it already and . Is the contention of the Pr4esdient correct?
John Floyd and Helen Adarna was married before the efectivity of the family code.
Helen Adarna filed a petition for declaration of absolute nullity of her marriage to John Floyd and was
granted. JohnFloyd file a notice of appeal to the RTC, but the RTC ruled in favor of Helen Adarna and
ruled that according to the Rule of Declaration of Absolute Nullity of Void Marriages, a motion for
reconsideration must be filed first before filimng an appeal.
John Floyd countered that the rule applies to marriages contracted during the effectiviyty of the Family
Code, citing among others the provision whish read “This Rule shall govern petitions for declaration of
absolute nullity of void marriages and annulment of voidable marriages under the Family Code of te
Philippines.”of the their marriage was contracted bfore the effectividity of the Family Code.
The RTC ruled and interpreted the rule that it pertains to petition filed during the effectivity of the
Family Code.
Is the RTC correct?

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Stat Con Lecture

Can you define Statutory Construction?

Distinguish Construction from Interpretation

Can anybody interprets the law?

Can you give examples of persons or authority that interpret a law,

Whose interpretation is conclusive or binding to the courts?

When it is necessary to interpret and construct?

When it is not necessary to interpret and construct? – clear and categorical

Bolos v. Bolos G.R. No. 186400

Request of Judge Tito Gustilo – accrued meaning - Ambiguity?

Explain the present structure of the government?

Three branches of the government

Legislative Branch - Two kinds of legislative power – Original - Derivative

Municipality of San Juan , Metro Manila v. CA et al – G. R. No. 125183

Biraogo v. Philippine truth commission

Manila Prince Hotel v. GSIS, Manila Hotel

In the exercise of judicial power the following rules shall be observed

What is residual power?

What is the executive power of the president?

Explain the system of check and balabnces in the government

Is the RTC correct?

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