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Ue College of Law Atty. David Robert C. Aquino: Statutory Construction

This document contains instructions for answering three questions on statutory construction for a law school exam. It directs the exam taker to answer as if they are a Supreme Court justice, identify relevant concepts and principles of statutory construction, and cite applicable laws and jurisprudence in their responses. The three questions concern: 1) whether the Senate can expel a senator, denying the voters' choice; 2) whether the President can unilaterally terminate treaty obligations; and 3) whether electronic publication of a law complies with publication requirements.

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Levi Isalos
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210 views1 page

Ue College of Law Atty. David Robert C. Aquino: Statutory Construction

This document contains instructions for answering three questions on statutory construction for a law school exam. It directs the exam taker to answer as if they are a Supreme Court justice, identify relevant concepts and principles of statutory construction, and cite applicable laws and jurisprudence in their responses. The three questions concern: 1) whether the Senate can expel a senator, denying the voters' choice; 2) whether the President can unilaterally terminate treaty obligations; and 3) whether electronic publication of a law complies with publication requirements.

Uploaded by

Levi Isalos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UE COLLEGE OF LAW

Atty. David Robert C. Aquino


Statutory Construction

Instructions:
a) The questions below will test your over-all grasp of the concepts and principles of the
subject and will measure how well you apply them to theoretical situations and problems;
b) Answer the questions as if you are the assigned ponente of the Supreme Court;
c) Identify concepts and principles of statutory construction in your answer and apply them to
support your decision; and
d) Utilize applicable laws and jurisprudence.

1. Expelled by the Senate as a member, Senator De Otso sought judicial intervention


from the Supreme Court, arguing that the Senate as a body cannot expel her as it
is tantamount to denying the 14M people who voted her of their right to elect
their representative in the Senate as guaranteed no less by the Constitution. Rule
on the issue. 25%
2. President Duforty unilaterally terminated all joint operations with the United
States declaring that the country can stand and survive without foreign aid and
cooperation. A group of lawyers assailed the move of the President before the
High Court arguing that it violated the express commitment of the country as
provided under treaty stipulations. The Presidential Legal Counsel, in defense of
the President, justified the move stating that the treaty was the offshoot of
executive negotiation and action in the first place, and therefore the President has
the discretion to cease compliance so long as there was notice, which he did. Rule
on the issue. 25%
3. A law was passed by Congress and signed by the President. In order to save
money, the law was published electronically in the Official Gazette website. A
newspaper group assailed the move before the Supreme Court arguing that it
does not comply with publication requirement as declared under Tanada vs.
Tuvera. Malacanan, countered the newspaper group arguing there was
substantial compliance with the publication requirement. In this technological
age, electronic publication would mean faster and more wider dissemination of
the law, much better and effective than conventional means. Rule on the issue.
50%

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