Statutory Construction Chapter 6-7
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Transcript of Statutory Construction Chapter 6-7
8/9/2019 Statutory Construction Chapter 6-7
http://slidepdf.com/reader/full/statutory-construction-chapter-6-7 1/4
INTRINSIC AIDS
• Internal or within• Aids within the statute• Resorted to only if there is ambiguity• Parts of statute, title, preamble, body, chapter & section headings,
punctuation & interpretation clause
Title and text of Law is valuable intrinsic aid in determining legislativeintent
Subtitle of Statute
Jai alai –title of law
Miriam Defensor, et al. vs. !M"#" $ subtitle
"ugenio $ preamble %Delta illage'
!TRINSIC AIDS
• "(isting aids from outside sources Resorted to onl" after e(hausting all available intrinsic aids and ambiguity
remains "(trinsic aids)
#$ *istory of enactment%$ !pinions & rulings of government o+cials called to e(ecute or
implement administrative laws&$ ontemporaneous construction by e(ecutive o+cers'$ Actual proceedings of legislative body($ Individual statements by members of congress)$ Author of the law*$ "(planatory note of the bill
8/9/2019 Statutory Construction Chapter 6-7
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+rinted ,ages or ,ublis-ed ACT and extrinsic matters suc- as -istor" ofenactment. reasons for ,assage. and ,ur,oses to be accom,lis-ed
C/0ISSI/N R /1 C2ST/0S vs$ SS/ STANDARD AST RN. INC RA &3* $ During years following granting of concession, the concessionaire
may import free of customs duty, all e-uipment, material, instruments,supplies, and accessories
RA #&4' $ impose special import ta( on imported goods, repealed priorstatutes
ollector of ustoms $ held "//! sub0ect to payment ourt of 1a( Appeals2 reversed decision3 ordered refund of P44 . 5
Issue) 6hether e(emption en0oyed by "//! from RA 784 should embrace special
import ta( RA 97:;• Intent of RA &3* $ encourage e(ploitation and development of petroleum
resources of the country• RA #&4' – unmista<ably repealing prior statutes3 spared RA 784• ongress saw =t to preserve privileges under RA 784, Petroleum Act, in order
to <eep the door open to e(ploitation & development of petroleum> + TITI/N D NI D
/,inions and rulings of o5cials of t-e government called u,on to executeor im,lement administrative laws command muc- res,ect and weig-t
6 RA 6S C2 6AS. INSTIT2T /1 6A+/RAT D 0IL7 0AN21ACT2R RS
ommissioner of Internal Revenue re-uired I?/1I1@1" to withdraw frommar<et all =lled mil< products without inscription
S C #)4 $ Inscription to be placed on s<immed mil< $ 1his mil< is notsuitable for nourishment for infants less than one year of ageB
ourt restrained IR ommissioner from re-uiring I?/1I1@1" to print on labelsof their =lled mil<
8 LD /<immed mil< $ fatty part has been removed Cilled mil< $ fatty part substituted with re=ned coconut oil, corn oil, both 9oard of 1ood Ins,ection in #4)# $ rendered opinion that =lled mil< does
not come within purview of /ec 9 : D CISI/N A11IR0 D
8/9/2019 Statutory Construction Chapter 6-7
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Contem,oraneous construction ,laced u,on statute b" executive o5cersc-arged wit- im,lementing and enforcing t-e ,rovisions of t-e statutes
+A1L2 6S 92R A2 /1 LA9/R R LATI/NS. NA1L2 erti=cation election $ ?AC#@ ;5: votes vs PAC#@ ;9; votes IRR of ,resent Labor code $ ma0ority of valid votes cast su+ces for
victorious labor union as sole and e(clusive bargaining agent +A1L2 contends – spoiled ballots should be counted in determining valid
votes cast %doctrine in Allied wor<ers association vs IR'
8 LD
doctrine arose during period when Industrial Peace Act was in e ect and notpresent law
IRR of #abor ode issued by /ecretary Elas !ple of department of #abor%present labor code'
+ TITI/N DIS0ISS D
Courts ma" avail t-emselves of t-e actual ,roceedings of legislative bod"to assist in determining construction of statute
D 6ILLA vs CA
De illa charged with violation of EP Elg 55 $ Eouncing chec<s law De illa argues chec< was drawn against dollar account with foreign ban<
8 LD
Intention of lawma<ers is to apply law to whatever currency Discussion
o Mr. 1upay) any chec< may be involved li<e @./. dollar chec<sFo Mr. MendoGa) 1he bill refers to any chec< in whatever currency
+ TITI/N DIS0ISS D
8/9/2019 Statutory Construction Chapter 6-7
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In case of doubt as to w-at ,rovision in statute means. meaning ,ut to,rovisions during legislative deliberations ma" be ado,ted
NATI/NAL +/LIC C/00ISSI/N vs J2D: D :2;0AN
RA )4*(. Sec$ &4 2 ompulsory retirement of P?P o+cers years old Petitioners sent notice to private respondents %P ' who reached P as<ed for in0unction because /ec 7: cannot apply to them since they are
covered by /ec 8: 1ransition period ; years $ I?P R1 ruled in favour of Private respondents
ISS2 < =>N RA )4*( distinguis-es IN+ from +C
8 LD
I?P not the same as P Records
o /en Maceda) P walang mawawala sa<anila, ang retirement agenila talaga.
Individual Statements b" members of Congress on t-e ?oor doesn@tnecessaril" re?ect legislative intent
CASC/ +8ILI++IN C8 0ICAL vs 8/N :I0 N ;
asco bought foreign e(change for importation of urea and formalde-"deasco sought refund of P77,4 .;9 and P ,7; .45 upon Resolution #(%4 of
Monetary Eoard of entral Ean< declaring e(emption from fee Auditor of the Ean< refused to approve vouchers $ not in accordance with RA
%) 4
ISS2 < =>N 2rea and formalde-"de are exem,t from margin fee
8 LD
?ational Institute of /&1 says @C is di erent from @&C asco cited statements made on the Hoor•