Statutory Construction Chapter 6-7

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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 legislative intent 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

Transcript of Statutory Construction Chapter 6-7

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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

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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

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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

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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•