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Statutory Construction Reviewer 1

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19 views2 pages

Statutory Construction Reviewer 1

Uploaded by

EArlyn KAy Ü
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Statutory Construction Reviewer

Judicial Power – the right to determine actual controversies arising between adverse litigants, duly
instituted in courts of proper jurisdiction.

Construction defined by the Supreme Court in Caltex Inc (Philippines) v Palomar


The art or process of discovering or expounding the meaning and intention of the authors of the
law with respect to the application to a given case, where that intention is rendered doubtful, amongst
others, by reason of the fact that the given case is not explicitly provided for in the law.

Construction definition – the act or result of construing, interpreting or explaining the meaning or effect
of a statute or contract.

Construction vs Interpretation
Construction refers to the drawing of conclusions with respect to subjects which lie beyond the
direct expression of the text from elements known from, and given in, the text.

Interpretation is the exploration for the written text itself.

Construction is the overall process of figuring out what a law means.


Interpretation is a part of that process where you break down the words and their meanings, often
focusing on the literal or intended meaning of specific terms.

Characteristics of Construction
1. It is an art or process.
2. It involves the determination of legislative intent.
a. Primary objective of construction – ascertain and give effect to the intention of the
legislature
b. Legislative intent – the ends sought to be achieved by the legislature in an enactment.
The Intent of the Statute is the Law – intent is the spirit which gives life to a legislative
enactment
3. It is necessary when the legislative intent cannot be readily ascertained from the words used in
the law as applied under a set of facts.
–Construction is necessary only if the law is ambiguous.
RULE: Only statutes with an ambiguous or doubtful meaning may be the subject of
statutory construction.

TESTS TO DETERMINE WHETHER STATUTE IS AMBIGUOUS:


1. Test of Multiple Interpretation – refers to a situation where a law could be understood in more
than one way because its wording is unclear or vague.
2. Test of Impossibility – When literal application is impossible or inadequate, this test helps
courts figure out whether a law is so unrealistic or contradictory that it can't be followed or
enforced.
3. Test of Absurdity or Unreasonableness – When a literal interpretation of the statute leads to an
unjust, absurd, unreasonable, or a mischievous result, or one at variance with the policy of the
legislation as a whole.
4. It is a judicial function – the Court held that under the Philippine system of government, the
duty and ultimate power to construe the laws is vested in the judicial department.

Purpose of Statutory Construction – to determine legislative intent when the same cannot be readily
ascertained from the plain language of the law.

Scope of Statutory Construction – there has to be doubt or ambiguity in the law’s language. If the
meaning is clear, there's no need for interpretation.

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