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Statutory Construction

Law-1a

Bulacan State University

Statutory Construction

Five presumptions on an enacted statute

1.

The law expresses the intent of the legislature

2.

The legislative acted with full knowledge of existing conditions

3.

The legislative did not intend unjust and unreasonable consecquences

4.

The legislative intended to enact an effective law

5.

The legislative is not presumed to have done a vague thing

Legal maxim and their meanings

1. Verba LegisPlain meaning/language rule

2. Interest rei publicae ut finis sit litium- The interest of the state demands that there be end to litigation

3. Index animi sermo estit must be applied without attempted or strained interpretation

(speech is the index of intention)

4. Ubi lex non distinguit nec nos distinguere debemosWhen the law does not distinguish, courts should

not distinguish

5. Legis posteriors priores contraries abrogantin case of an irreconcilable conflict between two laws of

different vintagesm the later enactment prevails

6. Verbal egis non est recedendum

from the words of the statute there should be no departure7. Interpretatio talis in ambiguis semper frienda est ut evitatur inconveniens et absurdumWhere the

is ambiguity such interpretation as will avoid inconvenience and absurdity is adopted

8. Noscitur a sociisassociated words

9. In eo plus sit, simper inest et minusthe greater includes the lesser

10. Expressio unius est esclusio alteriusexpression of one thing implies exclusion of another

11. Inclusio Unius est exclusion alterius- the inclusion of one is the exclusion of another

12. Ex necessitate Legisby necessity of law

Doctrines of Statutory Construction

SPIRIT VS LETTER OF LAW-The spirit of the law is the cause which moved the legislator to enact it and the letter of the law is its

body

-we must interpret not by the letter that killeth, but by the spirit that giveth life

-The general purpose is more important aid to the meaning of law than any rule which grammar may

law down

-it is the duty of the courts to look to the objective to be accomplished or the purpose to be subserved,

and should give the law a reasonable or liberal construction which will best effectuate its purpose

WORDS TO BE GIVEN THEIR COMMONLY ACCEPTED MEANING

-As a general rule, words do not require peculiar and different meaning when used in a statute.

Ordinarily, they are to be given their usual, natural, plain, ordinary and commonly understood meaning.

VERBA LEGIS NON EST RECEDENDUM

-from the words of a statute there should be no departure

8/10/2019 Statcon Reviewer (Brian)

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Statutory Construction

Law-1a

Bulacan State University

EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS

-As a general rule, the express mention of one thing will mean the exclusion of others not expressly

mentioned

-any other matter not mentioned in a law therein is deemed excluded, the enumeration of specified

matter in a statute is construed as an exclusion of matters not enumerated unless a different intention

appears

-it does not apply where words are mentioned merely by way of example or to remove doubts

NOSCITUR A SOCIIS

Doctrine of associated words, where a particular word or phrase in a statute is ambiguous in itself or is

equally susceptible of various meanings, its true meaning may be made clear and specific by considering

the company in which it is found or with which it is associated

NOTES: READ ALL THE CASES IN RODRIGUEZ BOOK AND BE FAMILIARWITH THE FACTS AND

APPLICATION OF DOCTRINES