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Statutory Construction Reviewer

This document summarizes key principles of statutory construction across 6 chapters: 1) When a law is clear, courts need only apply it and not interpret it. 2) Terms are interpreted based on specific meanings rather than widest extent. Negative words are mandatory while affirmative are directory. 3) If a statute is unambiguous, it must be given its literal meaning. Between interpretations, the one better serving the law's purpose prevails.

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73 views2 pages

Statutory Construction Reviewer

This document summarizes key principles of statutory construction across 6 chapters: 1) When a law is clear, courts need only apply it and not interpret it. 2) Terms are interpreted based on specific meanings rather than widest extent. Negative words are mandatory while affirmative are directory. 3) If a statute is unambiguous, it must be given its literal meaning. Between interpretations, the one better serving the law's purpose prevails.

Uploaded by

Novi Mari Noble
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Statutory Construction Chapter IV

Finals Reviewer
 When the law does not distinguish the court should not
Chapter I
distinguish. UBI LEX DISTINGUIT NEC NOS
 When the law is clear and unequivocal, the court need not to DISTINGUERE DEBEMOS.
interpret the law but only to apply it.  Ejusdem Generis – resorted to when legislative intent is
uncertain; when the general words follow an enumeration of
Chapter II persons or things, by words of a particular and specific
 One-title-one-subject meaning, such general words are not to be construed in their
 Third reading no amendment rule widest extent but are held as applying only to persons or
 Judicial Doctrine – judicial interpretation of a statute which things of the same kind or class as those specifically
constitutes part of law as of the date it was originally passed mentioned.
 Due Process of Law – a process which hears before it  Negative Words – negative words and phrases regarded as
condemns; proceeds only upon inquiry before giving mandatory while those in the affirmative are mere directory
judgment  “may” connotes a permissible thing while the word “shall” is
 Express repeal – repeal clause imperative
 Implied repeal – later statue contains provisions so contrary  “must” may be consistent with an exercise of discretion
or irreconcilable with that of the earlier law; there is  “and” is a conjunction used to denote a joinder or union
intention of the part of the legislative to abrogate a prior act;  “or” indicates an alternative between different or unlike
intention must be clear and manifested things
 Circular cannot repeal a law  “only” means exclusive
 Doctrine of Processual Presumptions – where foreign law is  Computation of Time
not pleaded, or even if pleaded, if not proved, the o In computing period, the first shall be excluded and
presumption is that foreign law is the same as ours the last day included

Chapter III Chapter V

 Verba Legis – if the statute is plain and clear and free from  Presumption against unconstitutionality – laws are presumed
ambiguity, it must be given its literal meaning and applied constitutional
without interpretation  Presumption against injustice – law should not be interpreted
 Between two statutory interpretations, that which better so as to cause an injustice
serves the purpose of the law should prevail  Presumption against implied repeals – repeals by implication
 Cassus Omissus – can operate and apply only if and when is not favored; in the absence of an express repeal, a
the omission has been clearly established subsequent law cannot be construed as repealing a prior law
 Stare Decisis
unless an irreconcilable inconsistency and repugnancy exists
in the terms of the new and old laws
 Presumption against ineffectiveness – the legislature intends
to impart to its enactments such a meaning as will render
them operative and effective
 Presumption against absurdity – statutes must receive a
sensible construction such as will give effect to the
legislative intention so as to avoid an unjust or absurd
conclusion
Chapter VI

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