STATUTORY CONSTRUCTIONPRELIM REVIEWER

CHAPTER I

STATUTORY CONSTRUCTION,ITS CONCEPT, PURPOSE AND EFFECT

I. Statutory Construction - the act or process of discovering and expounding the meaning and intention

of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided in the law

II. Construction distinguished from Interpretation They have the same purpose

- to ascertain and give effect to the legislative intent Interpretation

- makes use of intrinsic aids Construction

- makes use of extrinsic aidsIII. Basic Rules

1. Apply the Law- no conflict/confusion- When the law speaks in clear categorical language

2. Interpret the Law- When there is ambiguity in the language of the statute, ascertain

legislative intent by making use of intrinsic aids, or those found in the law itself.

3. Construct the Law- When the intent of the legislature cannot be ascertained by merely

making use of intrinsic aids, the court should resort to extrinsic aids, or those found outside the language of the law.

IV.

WRITING AND WRITING STYLE

A. Use of References – Citations and Footnotes

Citations of authorities should be placed so as to make them available, but out of the way of the reading.

For legal writings to be filed in court, footnotes are recommended for:1. Excerpts of testimony of witness

2. Incidental, collateral or additional cases which are not of sufficient importance, but to be cited as authority, and which may prove to be valuable for the court’s further study; and

3. References to constitutional and statutory provisions where the texts are necessary to be quoted verbatim

B. How to Cite Authorities1. Commentaries, Periodicals, Articles, and Treatises

i. Single author:

(AUTHOR, TITLE, EDITION (YEAR), PAGE/S)Ex. (Salonga, Philippine Law on Evidence, 3rd Ed. (1964), p. 39)

ii. Several authors:

(MAIN AUTHOR, et al., TITLE, YEAR EDITION, PAGE/S)Ex. (Noblejas, et al., Registration of Land Titles and Deeds, 1992 Rev. Ed., p. 561)

iii. Treatises:

(TITLE, EDITION, YEAR)Ex. (Wigmore on Evidence, Rev. Ed., 1961, $2252)

iv. Law Journal Articles/Periodicals:

(AUTHOR, TITLE, JOURNAL, VOL. ##, NO. ## (YEAR), PAGE/S)Ex. (Schoenfeld, The “Stop And Frisk” Law is Unconstitutional, Syracuse Law Rev., Vol. 17, No. 4 (Summer, 1966), 627, 633)

2. Constitution, Statutes and Regulationsi. Constitution:

Ex. (Sec. I, Art. III, 1987 Constitution)

ii. Codes:

Ex. (Art. 248, Revised Penal Code)

iii. Statutes:

Ex. (Sec. 17, Act 2031); or (Sec. 4, The Dangerous Drugs Act, as amended), as (Sec. 4, Rep. Act 6425, as amended)

iv. City Ordinance:

Ex. (Quezon City Zoning Ordinance of 1992; Ordinance No. SP-22, S-1992)

3. Signs and Symbols

op.cit. opere citato - reference to the same work of an author cited“from the work cited”

id. and ibid.

idem and ibidem - same source as the preceding citation.

- Ibid. – same page- id. – different page

“from the same place”

supra “over or above” - reference to a citation made earlier

infra “below” - reference to a latter part of the discussion

e.g. exempli gratia - illustration of a statement or to give an example“for sake of example”

i.e.id est - illustrate or specify an

example of the antecedent or precedent statement“that is”

et.seq. et sequentiae - refer to matters following the cited portion“and the following”

Cf. “analogous or compared with”

- refer to a citation of a case that contains a legal proposition analogous to the one cited

- indicate a dictum that is to be compared with

See - indicate a reference found in a secondary book

Contra - holding of opinion squarely to the contrary