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    Ece 516 Statutory Construction

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    Jerkin Caagao Samillano
    The document discusses statutory construction and interpretation. It defines interpretation as finding the true meaning of words, while construction is determining how words apply to specific facts or litigation. Construction also involves discovering the intent of laws when the language is ambiguous. The purpose of construction is to ascertain and give effect to legislative intent. Rules of construction are tools to help determine intent where laws are ambiguous or deficient.

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    Ece 516 Statutory Construction

    Uploaded by

    Jerkin Caagao Samillano
    70 views11 pages
    The document discusses statutory construction and interpretation. It defines interpretation as finding the true meaning of words, while construction is determining how words apply to specific facts or litigation. Construction also involves discovering the intent of laws when the language is ambiguous. The purpose of construction is to ascertain and give effect to legislative intent. Rules of construction are tools to help determine intent where laws are ambiguous or deficient.

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    ECE-516-STATUTORY-CONSTRUCTION

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    The document discusses statutory construction and interpretation. It defines interpretation as finding the true meaning of words, while construction is determining how words apply to specific facts or litigation. Construction also involves discovering the intent of laws when the language is ambiguous. The purpose of construction is to ascertain and give effect to legislative intent. Rules of construction are tools to help determine intent where laws are ambiguous or deficient.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    70 views11 pages

    Ece 516 Statutory Construction

    Uploaded by

    Jerkin Caagao Samillano
    The document discusses statutory construction and interpretation. It defines interpretation as finding the true meaning of words, while construction is determining how words apply to specific facts or litigation. Construction also involves discovering the intent of laws when the language is ambiguous. The purpose of construction is to ascertain and give effect to legislative intent. Rules of construction are tools to help determine intent where laws are ambiguous or deficient.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 11

    ECE 516

    STATUTORY CONSTRUCTION
    Interpretation
    = is the art of finding the true meaning and sense of any
    form of words. (Agpalo, Statutory Construction, p.104)

    Construction
    = is the process of drawing warranted conclusions not
    always included in direct expressions, or determining the
    application of words to facts in litigation. (ibid.)
    (Roberts v. Portland Water District, 126 A 112)
    ECE 516
    STATUTORY CONSTRUCTION
    Construction
    = is the art or process of discovering and expounding
    the meaning and intention of the authors of the law, where
    that intention is rendered doubtful by reason of the
    ambiguity in its language or of the fact that the given case is
    not explicitly provided for in the law. (ibid.)
    (Caltex(Phils), Inc. v. Palomar, G.R. No.19650, September 29,
    1966, 18 SCRA 247, citing Black, Interpretation of Laws, p.1)
    ECE 516
    STATUTORY CONSTRUCTION
    Construction
    = it involves the exercise of choice by the judiciary due to
    the following reasons:
    1. Ambiguity of the language used in the law;
    2. Infirmities of language;
    3. Limited scope in legislative drafting; and
    4. Limited relevant legislative materials. (ibid.)
    (Republic Flour Mills, Inc. v. Commissioner of Customs, G.R.
    No.28463, May 31, 1971, 39 SCRA 268)
    ECE 516
    STATUTORY CONSTRUCTION
    Purpose or Object of Construction:
    1. To ascertain the intent of the law;
    2. To give effect to the intent of the law; and
    3. All rules of construction or interpretation have for
    their sole object the ascertainment of the true
    intent of the legislature. (ibid.)
    (Tañada v. Cuenco, 103 Phil. 1051(1957))
    ECE 516
    STATUTORY CONSTRUCTION
    Rules of Construction, generally:
    Rules of statutory construction are tools used to
    ascertain legislative intent.
    It is said that a law which is ambiguous and deficient is a
    bad law. And a bad law makes cases hard. Rules of statutory
    construction help the courts resolve bad cases. Thus, where
    there is ambiguity in the language of a statute, courts
    employ canons of statutory construction to ascertain its true
    intent and meaning. (ibid.p.105)
    ECE 516
    STATUTORY CONSTRUCTION
    Rules of Construction, generally:
    The legislature sometime adopts rules of statutory
    construction as part of the provisions of a statute, to wit:
    1. Sec. 5, R.A. No. 7160;
    2. Article 10 of the Civil Code of the Philippines; and
    3. Section 4 of the Labor Code of the Philippines. (ibid.p.105)
    Additional Help:
    1. Philippine Statutory Construction
    https
    ://heinonline.org/HOL/LandingPage?handle=hein.journals/p
    hilplj2&div=36&id=&page
    =
    ECE 516
    STATUTORY CONSTRUCTION
    2. Tools in statutory Interpretation
    https://
    www.law.georgetown.edu/wp-content/uploads/2018/12/A-
    Guide-to-Reading-Interpreting-and-Applying-Statutes-1.pdf

    3. Others: Video Channels


    ECE 516
    STATUTORY CONSTRUCTION
    VIDEO CHANNELS:
    1. https://www.youtube.com/watch?v=29_mCABUBO8
    2. https://www.youtube.com/watch?v=0tP9lociqFk
    3. https://www.youtube.com/watch?v=SKuEdWYV9ag
    4. https://www.youtube.com/watch?v=uTEV_D-5dLg
    5. https://www.youtube.com/watch?v=2z-r8AnDWG0
    ECE 516
    STATUTORY CONSTRUCTION
    In view of our New Electronics Engineering Law:
    Cite: R.A. No. 9292, Article I, Section 2
    “SEC 2. Statement of Policy. — The State recognizes the
    importance of electronics engineering in nation building and
    development. The State shall therefore develop and nurture
    competent, virtuous, productive, and well-rounded
    Professional Electronics Engineers, Electronics Engineers and
    Electronics Technicians whose standards of practice and
    service shall be excellent, qualitative, world-class and globally
    competitive, through inviolable, honest, effective and credible
    licensure examinations and through regulatory measures,
    programs and activities that foster their integrity, continuing
    professional education, development and growth.”
    ECE 516
    STATUTORY CONSTRUCTION
    QUESTION: ?
    1. How many requirements are there in the above
    provision of R.A. No. 9292?
    2. If so, enumerate / list down all requirements.
    3. Explain / discuss each requirement.
    4. Iterate statutory construction of Section 2, Article I,
    R.A. No. 9292.
    ECE 516
    STATUTORY CONSTRUCTION

    THANK YOU.

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