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CHAPTER 2: CONSTRUCTION AND INTERPRETATION

Meaning o Construction Act 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. o Construction Art of seeking the intention of the legislature in enacting a statute and applying it to a given case. Reason o Infirmities in the language o Limited scope in legislative drafting Ambiguity Exists in the Following o Admits two or more meanings o Of being understood in more than one way o Refers to two or more things at the same time o Susceptible of more than one interpretation o Literal interpretation leads to unjust or absurd consequences o Statute is in conflict with the Constitution o Statute defeats the policy of the legislation Purpose o To ascertain and give effect to the intent of the law Case: #1 Caltex v. Palomar (18 SCRA 247) Facts: Held: Whether the promotional scheme of Caltex is covered by the prohibitive provision of Postal Law requires inquiry into intended meaning of the words used therein. Lottery has 3 elements: 1. Prize; 2. Chance; 3. Consideration. Gratuitous distribution of property by chance does not constitute lottery. No consideration is derived from party receiving the chance. In the present case, no fee is to be paid, merchandise to be bought, service to be rendered, or any value to be given for the privilege to participate Similarities/Distinctions As To Purpose Interpretation Ascertain legislative intent Ambiguity exists Discover true meaning Limited to written text Intrinsic aids Construction Ascertain legislative intent Ambiguity exists Draw conclusions Transcends text of statute Extrinsic aids o Legislative Intent: The design, plan, purpose or ends sought to be achieved by the legislature in enacting a statute Case: #2 Federation of Free Farmers v, Court of Appeals (G.R. No. L-41161)

Facts: Held: The literal import, if given effect, will defeat the purpose of Act which is to grant laborers share in sugar produce. Legislative meaning is to give laborers share for as long as sugar is produced and planters receive increased participation. Thus, legislative intent is to make Act operative irrespective of whether there exists a milling agreement between central and sugar planters. Case: #3 Garcia v. SSS (G.R. No. 170735) Facts: Held: The liability imposed under SSS Law does not preclude liability for un-remitted amount. Relevant to Sec 28(f) is Sec22(a) of the same law, which provides that every employer is required to deduct and remit such contributions It is a cardinal rule in Statutory Construction that in interpreting the meaning and scope of a term used in the law, a careful review of the whole law involved, as well as the intendment of the law, must be made. Legislative purpose Reason why statute was enacted by legislature What the law comprehends covers or embraces To Grant laborers share in sugar produce To give laborers share when sugar is produced and planters receive increased participation To make act operative irrespective of whether agreement between central and sugar planters

Meaning

Intent

Ends sought to be achieved by legislature in enacting the statute

Applicability Manner Reference Type of Aid

Definition of Terms o Legislative Purpose: reason why statute was enacted by the legislature o Legislative Meaning: What the law comprehends covers, or embraces

Powers to Construe o General: Legislature may not overrule judicial construction o Reason: Power to construe is a judicial function o Exception: Legislature may adopt rules of statutory construction as part of provisions of statute. o Examples: Art 10 of CC and Sec 4 of Labor Code Case: #4 Perfecto v. Meer (G.R. No. L-2348) Facts: Held: Collection of income tax from salaries of judicial officers is diminution of their salaries in violation of the constitutional provision. Reason behind the exemption, is to preserve the independence of Judiciary, which is of far greater importance than any revenue that could come from taxing their salaries, not be pressured by Congress to be reduced their salaries.

CHAPTER 2: CONSTRUCTION AND INTERPRETATION


Case: #5 Endencia v. David (93 Phil. 696) Facts: Held: Interpretation of the Constitution and of statutes is the exclusive jurisdiction of judiciary. In enacting a law, legislature may not provide therein that it be interpreted in such a way that it may not violate Constitutional prohibition, thereby tying the hands of the courts in their task of interpreting said statute, especially when the interpretation provided in said statute runs counter to previous interpretation already given in a case by the Supreme Court. Basic Guidelines in Construction of Laws o Verba Legis: where statute is plain and unambiguous it must be given its literal meaning and applied without interpretation Basis: index animo sermo est Presumption: Words used by legislature in statute correctly express its intention or will Legislature says in a statute what it means and means in a statute what it says there Case: #6 Republic v. Lacap (G.R. No. 158253) Facts: Held: The plain meaning rule or verbal legis in statutory construction is that if statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without interpretation. The wordings of RA 4566 are clear. It does not declare, expressly or impliedly, as void, contracts entered into by a contractor. <> Case: #7 Davao Oriental Electric v. Province of Davao Oriental (G.R. No. 170910) Facts: Held: Fiscal Incentive Review Board Resolution is crystal clear in stating that tax exemption privileges are restored effective July 1, 1987. The language of the law is plain and unambiguous. When the language of the law is clear and unequivocal, the law must be taken to mean exactly what it says. Case: #8 Pagcor v. Phil. E-Gaming (586 SCRA 658) Facts: Held: In its ordinary sense, game is a sport, pastime, or contest; while amusement is pleasurable occupation of senses, diversion, or employment. On the other hand, game of chance is game in which chance rather than skill determines outcome, while gambling is defined as making a bet or play for value against an uncertain event in hope of gaining something of value. In fine, RA 7903 did not grant to Zambo Ecozone power to operate and/or license games of chance/gambling. o Stare Decisis (stand by decisions): when the SC has once laid down principle of law as applicable to certain state of facts. It will adhere to that principle and apply it to all future cases where the facts are substantially the same. Basis: Stare decisis et non quieta movere; Art. 8 of the New Civil Code Rationale: For stability and certainty in the legal system Case: #9 Agencies Exquisite v. Commissioner (578 SCRA 539)

Facts: Held: Under the doctrine of Stare decisis of non quieta movere, it behooves the Court to apply its previous ruling in Lhuillier to the case under consideration. Once a case has been decided one way, any other case involving exactly the same point of issue, as in the present case involving exactly the same point at issue, as in the present case, should be decided in the same manner. o Non-Retroactivity of Judicial Rulings Basis: Art. 4 of the New Civil Code Rationale: Not to divest vested rights or to impair obligations and contracts Not to deprive law of its quality of fairness and justice Case: #10 People v. Jabinal (55 SCRA 607) Facts: Held: When Jabinal was appointed Secret Agent in 1962, the prevailing doctrine was Macarandang (1959) and Lucero (1958). The doctrine laid down therein was part of jurisprudence, hence, of the law of the land, at the time Jabinal was found in possession of the firearm. True, doctrine was overruled in People vs. Mapa in 1967, but the new doctrine should be applied prospectively, and should not apply to parties Case: #11 CEMCO Holdings v. National Life (G.R. No. 171815)

Facts: Held: What is applicable is the ruling of SEC dated 14 Feb 2005 abandoning the opinion embodied in the latter dated 27 July 2004. The principle of prospective application of new judicial doctrine does not mean that if a new rule is laid down in a case, it should not be applied in that case but that said rule should apply prospectively to cases arising afterwards. Prospectively arising afterwards not pending controversy Limitations on Power to Construe o Courts may not Enlarge the scope of a statute Insert into law what it thinks should be in it Revise action of the legislature Rewrite the law Interpret into the law a requirement not prescribed Engraft any limitations in its operation or scope Case: #12 Canet v. Decena (G.R. No. 155344) Facts: Held: Tax ordinances relied upon by Canet contain general provisions for issuance of business permits but do not contain specific provisions relating to operation of cockpits. Courts may not, in the guise of interpretation, enlarge the scope of statute and include therein situations not provided nor intended by lawmakers.

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