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    Statcon - Module 1

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    Katyrynne Garcia
    Statutory construction is the act of discovering and determining the meaning and intent of a law to apply it to a particular case, especially when the case is not explicitly provided for in the law. Construction uses external aids outside the text, while interpretation uses internal aids within it, but both aim to ascertain legislative intent. When interpreting the constitution, courts follow three rules: give words their ordinary meaning, interpret in accordance with framers' intent, and interpret it as a whole while respecting clear meaning. The judiciary, especially the Supreme Court, has the task of interpreting laws with finality to provide stability, though other entities can interpret laws non-conclusively. Constitutions differ from statutes in that constitutions are primary legislation

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    Statcon - Module 1

    Uploaded by

    Katyrynne Garcia
    115 views3 pages
    Statutory construction is the act of discovering and determining the meaning and intent of a law to apply it to a particular case, especially when the case is not explicitly provided for in the law. Construction uses external aids outside the text, while interpretation uses internal aids within it, but both aim to ascertain legislative intent. When interpreting the constitution, courts follow three rules: give words their ordinary meaning, interpret in accordance with framers' intent, and interpret it as a whole while respecting clear meaning. The judiciary, especially the Supreme Court, has the task of interpreting laws with finality to provide stability, though other entities can interpret laws non-conclusively. Constitutions differ from statutes in that constitutions are primary legislation

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    Statutory construction is the act of discovering and determining the meaning and intent of a law to apply it to a particular case, especially when the case is not explicitly provided for in the law. Construction uses external aids outside the text, while interpretation uses internal aids within it, but both aim to ascertain legislative intent. When interpreting the constitution, courts follow three rules: give words their ordinary meaning, interpret in accordance with framers' intent, and interpret it as a whole while respecting clear meaning. The judiciary, especially the Supreme Court, has the task of interpreting laws with finality to provide stability, though other entities can interpret laws non-conclusively. Constitutions differ from statutes in that constitutions are primary legislation

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    115 views3 pages

    Statcon - Module 1

    Uploaded by

    Katyrynne Garcia
    Statutory construction is the act of discovering and determining the meaning and intent of a law to apply it to a particular case, especially when the case is not explicitly provided for in the law. Construction uses external aids outside the text, while interpretation uses internal aids within it, but both aim to ascertain legislative intent. When interpreting the constitution, courts follow three rules: give words their ordinary meaning, interpret in accordance with framers' intent, and interpret it as a whole while respecting clear meaning. The judiciary, especially the Supreme Court, has the task of interpreting laws with finality to provide stability, though other entities can interpret laws non-conclusively. Constitutions differ from statutes in that constitutions are primary legislation

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    © All Rights Reserved
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    󾠮

    STATCON - MODULE 1

    I. CONSTRUCTION AND INTERPRETATION OF THE


    LAWS

    STATUTORY CONSTRUCTION, DEFINED

    💡 is the act or process of discovering and expounding the meaning and


    intention of the law with respect to its application to a given case, where
    that intention is rendered doubtful, among other, by the fact that the given
    case is not explicitly provided in the law.

    CONSTRUCTION DISTINGUISHED FROM INTERPRETATION

    📌 CONSTRUCTION and INTERPRETATION PURPOSE

    have the same purpose and that is to ASCERTAIN and GIVE EFFECT to the
    LEGISLATIVE INTENT.

    📖 CALTEX vs. PALOMAR (G.R. L-19650)


    ⚠ DISTINCTION

    The one who Interprets: uses INTRINSIC AIDS or those found in the STATUTE
    itself

    The one who Construct: uses EXTRINSIC AIDS or those found OUTSIDE the
    Written Language of LAW

    STATCON - MODULE 1 1
    👉 The decision of the Supreme Court on the issue when to apply and
    interpret the law has not changed.

    THREE CARDINAL RULES WHEN THE WORDINGS OF THE


    CONSTITUTION ARE SUBJECT TO INTERPRETATION

    📌 First: VERBAL LEGIS "Verbal Law"

    which means that whenever possible, the words used in the Constitution must
    be given their ordinary meaning except where technical terms are
    employed.

    📌 Second: RATIO LEGIS EST ANIMA

    which means that in case of ambiguity, the words of the Constitution should be
    interpreted in accordance with the intent of framers.

    📌 Third: UTMAGIS VALEATOU AMPEREAT

    which means that the Constitution should be interpreted as a whole, but if


    the plain meaning of the word found to be clear, resort to other aids are
    available.

    STATCON - MODULE 1 2
    WHO INTERPRETS THE LAW?

    📌 ANYONE CAN INTERPRET THE LAW.

    Lawyers, Policeman, Arbiters, Administrative Boards and agencies, Government


    as well as Private Executives

    however, it is not necessarily conclusive nor can they bind the courts.

    📌 JUDICIARY

    has delicate task of ascertaining the significance of constitutional or statutory


    provision, an executive order or a municipal ordinance. To assure stability in legal
    relations, it does so with finality through the highest judicial organ.

    SUPREME COURT - highest judicial organ

    Difference between CONSTITUTION and STATUTE

    CONSTITUTION STATUTE
    No.
    1. Constitution is primary a statute is secondary

    2. Constitution states general principles a statute provides the details


    a statute is a legislation from
    3. Constitution is a legislation direct from the people
    people’s representative
    Constitution, is intended not merely to meet existing a statute is intended to meet
    4.
    conditions but also to govern the future existing conditions only
    Constitution can be abrogated, repealed or modified a statute may be repealed or
    5.
    only by the people changed by the legislature

    STATCON - MODULE 1 3

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