Statcon - art or process of discovering and expounding the meaning and intention of the
authors of laws; if they are doubtful or if not explicitly provided by law
- constitution, admin issuances, ordinances, statutes
How a bill becomes a law
Constitutional test in passage of a bill: 1) one subject in the title (avoid hodge-podge/log-
rolling leg, prevent fraud or surprise, apprise the people) 2) three readings 3) be presented to
the President
Part of statute: 8 parts: title preamble enacting clause body repealing clause saving clause
separability clause effectivity clause
Vague statutes: for men of common intelligence, have double meanings and interpretations,
susceptible to dual or obscure meanings. It contravenes the Consti for obstruction of the
admin of justice
Kinds of statutes: 12: general special local public private remedial curative penal prospective
retrospective affirmative mandatory
Interpretation vs construction - to give effect to legislative intent, hermeneutics (systematic
body of rules)
Interpretation - discovering the true meaning of statutes
Construction - drawing of conclusions with respect to subjects beyond direct expression of
the text from the elements
Ordinance: act passed by local legislative bodies; ordinance vs statues - ordinance must give
way because Congress is superior the local govts
Grounds for validity: 1) not contrary to consti 2) must not be unfair or oppressive 3) must not be
discriminatory or partial 4) must not regulate trade 5) public policy 6) not unreasonable
The primordial duty of the court is to apply laws in such a way that it does not usurp legislative
powers and in the course of its application of construction it should not constitute judicial
legislation, and in the interpretation of laws, it should not rewrite or remodel the the laws in a
way that it is repugnant to its terms. - doctrine of separation of powers
When the law speaks in clear and categorical language, there is no room for interpretation,
vacillation, equivocation, it can only be applied.
When the law is clear, it is not susceptible to interpretation. It may be applied regardless of who
it affects even if the law is harsh of erroneous.
Dura Lex Sed Lex - it harsh but it is the law
The doctrine of processual presumption - foreign law
Legislative intent is principally determined from the language of the statute - if law is
clear and unambiguous, the law is applied according to its express terms and
interpretation would only apply if the literal interpretation would lead to absurd meaning
Verba legis non est recedendum - if the statute is clear and free from ambiguity, then it is
given its literal meaning and no interpretation applies. Plain meaning rule of stat con
- index animi sermo est (speech is the index of intention)
When the language of law is clear, it should be given its natural meaning.
Cardinal rule of statutes - consider statues as a whole/entirety not of particular
provisions, every part be given effect (principle of legal hermeneutics)
- ut res magis valeat quam pereat
If the interpretation would lead to absurdity of injustice, the statute must be must be
construed according to its spirit and purpose
If a construction gives a language that does not accomplish the purpose for which it was
created that it must be rejected
Between two stat interpretations, one which better serves the purpose of the law shall
prevail. Ube lex non distinguit nec nos distinguere debemos
When the reason of law ceases, the law itself ceases
Doctrine of necessary implications. What is implied in a statute is as much a part thereof
as that which is expressed.
- there is always greater in the lesser, in eo plus sit sunperinest et minus
Expresso unius est exclusio alterius. The legislature would not have made a specific
enumeration in a statue had not the intention been to restrict its meaning and confine its
terms and benefits.
Casus omissus pro omisso habendus est - a person object or thing omitted from an
enumeration must be held to be have been omitted intentionally
Casus Omissus - omissions are overlooked or unforeseen, can only be applied if the
omission has been clearly established
Stare decisis et non quieta movere - follow past precedents and do not disturb what has
been settled
When the law does not distinguish, courts should not distinguish. ube lex non distinguit
nec nos distinguere debemos
When the law does not make any exception, courts may not except something unless
compelling reasons exist to justify it
General terms or rule of ejusdem generis - in enumeration, “and all of others” “any
others” are usually restricted to persons of things of the same kind/class. Only applied
when legislative intent is uncertain.
Express mention and implied inclusion
Associated words. Nocitur a sociis. If a particular word is equally susceptible of various
meanings then its construction may be specific by company of terms in which it is found
or associated
Use of negative words - mandatory ; affirmative - directory
May - permissible and directory ; shall - imperative
Must - like shall not always imperative but may be consistent with an exercise of
discretion
And/or/only
Computation of time
Proviso - provided
Presumption against unconstitutionality
- unless ruled by courts
- Burden of proof rests on those who challenge
- The lawmaking body intended right and justice to prevail
Presumption against injustice
Against Implied vs express repeals
Against ineffectiveness
- Legislature intended to enact an effective statute
Presumption against absurdity
- avoid unjust and absurd conclusion
- against undesirable consequences
Presumption against violation of international law
- Vienna convention
