Professional Documents
Culture Documents
4.
INSTRINSIC AIDS
Intrinsic Aids
Initial Considerations
The Title
Article VI Section 26 (1) of 1987 Constitution
Every law passed by congress shall have only one
subject matter which shall be embraced in the title
thereof.
Title
Body
Repealing Clause
Effectivity Clause
The Body
Tools:
1. Cassus Omissus
Statutory
Noscitur sociis
Mandatory
Penal
statutes
are
strictly
against
government and liberally in favor of the
accused.
10. Mandatory and Directory words
Shall- mandatory
May- permissible
Positive prohibition couched in negative
words importing that act shall not be done
otherwise than designated is Mandatory.
11. Conjunctive and Disjunctive words
TREATMENT
Strict Construction
Statutes
will
not
be
enlarged
by
implications or intendment beyond the fair
meaning of the language thereof.
Liberal Construction
Treatment:
Law
Criminal Law
Tax Laws
Tax exemption
Political Laws
-Naturalization
Law
Strict
Liberal
Against the
In favor of the
Government
accused
Against the
In favor of the
Government
tax payer
Against the tax In favor of the
payer
Government
Treatment depends.
In favor of the
government
Against
the
applicant
In favor of the
people
Statutory
-Suffrage
To be strictly
construed
-Statutory
provisions
waiving
state
immunity
-Agrarian Laws
-Ordinance
Commercial
Laws
-Contracts:
-Insurance
Labor
and
Social
Legislation
Rules of Court
In
favor
of
grantees
In favor of Local
Government
Administrative
rules
of
procedure
(Article 7, par
2)
EXTRINSIC AIDS
Extrinsic Aids
Tools
1. Legislative History
It refers to
during the
proposed bill
Congress.
They may be
and minutes
committees.
serve as guidance
Statutory
of foreign decisions. They are
at most persuasive.
Statutory
INCOMPATIBILTY
C
any statute.
Incompatibility
3.
4.
trade
G
Must be general and consistent with
the public policy
U
Test:
1.
2.
Statutory Construction
It is a branch of law dealing with the
interpretation of laws enacted by a legislature. A
judicial function required when a statute is invoked and
different interpretations are in contention. (Balcks Law
Dictionary)
Interpretation
It is the drawing of the true nature, meaning
and intent of the law through an examination of its
provisions.
Construction
The process of using tools, aid, references
extant from the law in order to ascertain its true
nature, meaning and intent.
Judicial Review
Article VIII of 1987 Constitution provides that:
Judicial power includes duty of the courts to
settle actual controversies involving rights which are
legally demandable and enforceable and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
government.
Requisites:
1.
2.
3.
4.
Statutory
Statutory
PRESUMPTIONS
Presumptions
They serve as guide to ensure that the
interpretation or construction of a law or instrument
conform to the Constitution and that would further
bring out the intent behind the law.
1. Valid
2. Just