FINALS Flashcards
(85 cards)
1
Q
Law vs. Statutes (Two Distinctions)
A
- Laws are general, overarching framework, while statutes as specific legislative enactments
- Law is a a broader term encompassing statutes and other sources of legal rules (e.g., judicial decisions, international law), while statutes refer to written law created by the Congress itself.
2
Q
Define statutory interpretation
A
The process of discovering the true meaning of the language used within the written text itself.
3
Q
Define statutory construction
A
The process of drawing conclusions about subjects beyond the direct expression of the text.
4
Q
What is the two-fold role of the Courts
A
The primary duty to apply the law. The secondary duty is to interpret and construct the law under specific circumstances.
5
Q
What is interpretation and construction NOT necessary?
A
When the law is clear and unambiguous. Apply the maxim of “verba legis” or the plain meaning rule.
6
Q
When is interpretation and construction ABSOLUTELY necessary?
A
- When the law is doubtful (i.e, application of the law is rendered doubtful or impossible without interpretation or construction)
- When the law is ambiguous (i.e., two or more meanings)
7
Q
Legal basis in explaining the effectivity and relevance of laws?
A
New Civil Code, Article 2
8
Q
For a law to be binding, it must first be effective. How can a law become effective?
A
Publication. “Laws shall take effect after 15 days following the completion of their publication in the Official Gazette OR unless it is otherwise provided. (Civ Code, Art. 2)
9
Q
What is the rationale or the constitutional basis behind the publication rule?
A
The due process clause
10
Q
Exception to the publication rule?
A
Those laws or rules that are only interpretative or internal in nature and do not concern the public
11
Q
Does publication mean date of release or date of printing?
A
Date of release.
12
Q
When a date is specified (e.g., 10 days from notice), does it mean calendar days or business days?
A
Calendar days
13
Q
What does “week” mean in law
A
Seven consecutive days
14
Q
What does a “month” generally mean in law
A
If designated by name, number of days of the specified month. If not designated by name, 30 calendar days
15
Q
What does a “day” mean generally in law
A
24 hours
16
Q
Are there any considerations or exceptions when the last day of a particular act falls on either a Sunday or a legal holiday?
A
Yes. If the last day of an act falls on either a Sunday or a legal holiday, then the act can usually be done the following day (e.g., filing pleadings)
17
Q
Is there an exception to the exception to the time computation rule?
A
Yes. The exception does not apply to the computation of the period of prescription of a crime.
18
Q
what is the presumption of validity.
A
It is presumed that every statute is valid.
19
Q
A statute may be declared unconstitutional if one of these four things are present:
A
- It was not within the legislative power to enact (invalid)
- It creates methods or forms that infringe constitutional principles (constitutional breach - pragmatic)
- Its purpose or effect is in violation of the Constitution (constitutional breach - principle)
- It is vague (ambiguous)
20
Q
Which courts have jurisdiction over cases about a law’s constitutionality
A
- Trial Courts have initial jurisdiction, but
- The Supreme Court en banc has the final authority.
21
Q
True or false. Courts generally cannot pass upon a constitutional question
A
True. It is obligatory for them to decide on a constitutional question.
22
Q
The four requisites before the Courts can take on cases about a law’s constitutionality:
A
- Actual case or controversy
- Proper party
- Earliest possible opportunity
- Necessary to the determination of the case itself
Requisites for a constitutional question? A PEN!
23
Q
True or false. A statute can still be questioned even if it has been in application for years.
A
True.
24
Q
Why are all laws presumed valid and presumed constitutional
A
The judicial assumes that the legislative intended to enact a valid, sensible and just law.
That is, the judicial assumes that the legislature is not dumb.
25
True or false. A statute can be declared invalid solely because of a change of circumstances or condition affecting its validity.
False.
26
What is the general rule if part of a statute is void or unconstitutional, but is separable for the valid parts of the statute?
The invalid, separable portions of the statute is void. However, the valid, separable portions of the statute remains valid and be enforceable.
Rationale? Cut off only the bad branches.
27
If a part of a statute is invalid and inseparable from the valid rest of the statute, what is the effect to the statute?
If the valid and invalid parts are so mutually connected that the invalid part cannot be presumed to have been enacted without the valid part, then the entire statute is void.
28
Define legislative intent
The cornerstone of statutory interpretation and construction. It is the essence of the law comprising the law's purpose and meaning.
29
Why is legislative intent the cornerstone of statutory construction?
The primary duty of the Court in constructing is to ascertain the true intent of the statute.
30
The two aids to construction
1. the seven Intrinsic Aids
2. the nine Extrinsic Aids
31
What are intrinsic aids
They are aids found within the printed page of the statute itself.
32
What are the seven intrinsic aids.
1. Title
2. Preamble
3. Context of the whole text. The words, phrases, sentences, sections, and provisions of the entire statute is taken all together.
4. Punctuation marks
5. Capitalization
6. Headings, headnotes and epigraphs
7. Lingual text. Philippine law is promulgated in English, Filipino, and Spanish. Check translations
33
What are extrinsic aids
They are extraneous facts and circumstances outside the printed page of the statute.
34
What are the nine extrinsic aids
1. Legislative debates, views, and deliberations
2. Legislative history
3. President's notes to the legislature
4. Explanatory notes
5. Commission reports
6. Changes in phraseology
7. Common law principles
8. Conditions at the time of enactment
9. Contemporaneous construction prior
35
True or false. The executive can perform construction
False. Construction is a judicial function.
36
Two types of construction
1. Strict construction
2. Liberal construction
37
What is strict construction.
Requires construction "to the letter" It takes exact meaning and admits no equitable consideration.
38
What are the 13 kinds of statutes in which strict construction is applicable.
1. Penal laws (strict against the State)
2. Derogation of rights
3. Expropriations
4. Granting privileges
5. Legislative grants to local government units
6. Removing officials
7. Naturalization laws
8. Imposing tax and custom duties (strict against the State)
9. Granting tax exemptions (strict against the Taxpayer)
10. Sovereigns
11. Suits against the government
12. Prescribing formalities of will
13. Exceptions and provisos
39
What is liberal construction
Equitable construction to accomplish a statute's purpose, intent or promote justice.
40
What are the 14 kinds of statutes in which liberal construction is applicable.
1. Social legislation
2. Welfare legislation
3. Grant of power to local government units
4. Taxing power
5. Prescriptive period for collection of taxes
6. Imposing penalties to nonpayment of tax
7. Election
8. Amnesty
9. Prescribing prescriptions of crimes
10. Adoption
11. Veteran or pension laws
12. Rules of Court
13. Curative, redemption, instruments of credit, probation law
14. Remedial
41
What is expressio unius est exlusio alterius
The explicit mention of one thing is the exclusion of another. That is items not listed in a statute are presumed to be intentionally excluded.
If they said A and B, they do not mean C
42
What is ubi lex non distinguit, nec nos distinguere debemos
Where the law does not distinguish, neither should we distinguish.
43
Generalia specialibus non derogant
Provisions of a general statute must yield to those of a special one. That is, if there is conflict between the provisions of a general law (e.g., Revised Penal Code) and the provisions of a special law (e.g., SPL, then the provisions of the special law prevails.
44
What is the Tanada v. Tuvera case about?
Publication rule. All laws or statutes, including those of local application and private law, shall be published as a condition for their effectivity.
Again, except those statutes or rules that are merely internal or interpretative, or those that do not concern the general public
45
What is the role of the Supreme Court
Art. 8 of the 1987 PH Constitution provides that the Supreme Court "has the power to settle actual controversies and determine grave abuse of discretion.
46
The four-fold way to arrive at legislative intent
1. Intrinsic aids
2. Extrinsic aids
4. Correct clerical errors
4. Issue guidelines for application
47
The seven things Courts should avoid to do:
1. Speculate intent
2. Supply meaning
3. Assume a purpose
4. Change meaning
5. Rewrite the law
6. Exercise judicial legislation
7. Enlarge the scope
48
What is the effect to law if the law is incapable of interpretation or construction
It becomes inoperative.
49
If there is a new law which amends or modifies or clarifies ambiguity of a previous law, which shall prevail: the new law or judicial interpretation.
The new law must prevail. Set aside judicial interpretation.
50
The five rules to construction and interpretation:
1. Apply the law as is
2. If law could not be applied as is (such as in cases of ambiguity, identify intrinsic and extrinsic aids to arrive or clarify legislative intent
3. Avoid rewriting or judicially legislating
4. If impossible to interpret, the law becomes inoperative
5. Further legislation overrides previous judicial interpretation and construction.
51
Lex prospicit, non resspicit
Laws are prospective, not retroactive
52
What happens in the case of Dator v. Hon Carpio-Morales and Madreo v.Bayron.
The Court explicitly stated that the abandonment of the condonation doctrine was prospective in application (enacted only from April 12, 2016). The doctrine no longer applies to public officials ere-elected on or after April 12, 2016.
Rationale: Spouses Benzonan v. CA-- retroactive application of the law can divest vested rights and impairs obligation
53
Absolute Sentencia Expositore Non Indiget
When the law is clear, the court's duty is to apply it, not to interpret it
54
What happens in Barcellano vs. Banas
The Court held that Article 1623's explicit requirement that for "notice in writing" means exactly that, leaving no room for interpretation to include oral notice or registration.
55
What happens in Alonzo v. Intermediate Appellate Court
An exemption to absolute sentencia expositore non indiget.
The co-heirs were undeniably informed of the sales, but failed to act for 13 years. The Court ruled that actively ignoring actual knowledge would "exalt the letter of the law over its purpose".
56
Ratio legis est anima
It is not the letter of the law that kills it, it is the spirit of the law that gives it life
57
What happened in Quimvel v. People
The Court reasoned that RA 7610 would fail its protective purpose if it were interpreted to require an additional element of a prior or contemporaneous abuse different from the complained act, or if a third person's involvement was necessary for conviction. The lascivious conduct performed by the same person who subdued the child-victim through coercion falls squarely within the ambit of the the spirit of the law (protecting children).
58
Dura lex sed lex
While the law may be hard, it is still the law
59
What happened in Association of Qatar Airways Company with Limited Liability vs. Commissioner of Internal Revenue
Section 248(A)(1) of the 1997 NIRC mandates a 25% penalty for failure to file any return and pay the tax due on time. The Court noted that the delay of the petitioner in paying could have been avoided by filing earlier than the last day.
60
Noscitur a sociis
It is know by its associates
61
Ejusdem generis
Of the same kind of species
62
What happened in the Liway v. Happy Glen Loop Homeowners Association Inc.
PD No. 1216 lists "parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers as examples of areas reserved for open spaces. that is, areas reserved for the common welfare of the community. The petitioner's water facility falls under those categories and therefore form part of the required open space.
63
What happened in Alta Vista Golf and Country Club v. The City of Cebu
LGC Section 131(c) enumerates "theaters, cinemas, concert halls, circuses, boxing stadia" as examples of places where a province may levy an amusement tax. These enumerated venues have the characteristic of staging or holding shows, exhibitions, performances, and other events meant to be viewed by an audience. A golf course does not fit in this definition, because it is where people play a sport rather than view a show.
64
Philippine Court Hierarchy
1. Supreme Court
2. Court of Appeals
3. Court of Tax Appeal
4. Sandiganbayan (Anti-Graft)
5. Regional Trial Court
6. Metropolitan Trial Court
7. Municipal Trial Court
8. Municipal Trial Court in Cities
9. Municipal Circuit Trial Court
10. Sharia Court
65
Eight steps to the passage of a bill
1. Preparation
2. First Reading
3. Committee Considerations
4. Second Reading
5. Third Reading
6. Transfer to Other House
7. Bicameral Conference Committee
8. Enrollment and President's Signature
66
Three things happen in the preparation stage of bill passage
1. Drafting by the Representative or Senator
2. Filed before the HOR Secretary General or Senate Secretary
3. Assigned a bill number
67
Two things happen in the First Reading
1. Reading aloud the title and number of the bill
2. Assigned to the proper committee
68
Three things happen in the Second Reading
1. Read in full
2. Deliberations, interpolations, debates
3. Sponsorship
69
One thing happens in the Third Reading, with two requisites
1. Final vote
a. Approval needs distribution of copies three days prior the session day
b. Unless certified urgent by the President
70
Two considerations happen when a Bill is transferred to the Other House
1. If a counterpart bill does NOT exist, the process is repeated
2. If a counterpart bill does exist, the bills are consolidated
71
What is the two-fold role of the Bicameral Conference Committee
1. Reconcile inconsistencies or conflicting provisions between the S and HOR versions of the bill
2. Prepares a conference committee report
72
Two things happen during the Enrollment and President's Signature stage. Three considerations happen during the signature stage in particular.
1. An enrolled bill is made after it has been consolidated and finalized by the BCC
2a. The president may sign, and it becomes a law
2b. The president may not sign, but if 30 days pass without any action, the bill becomes a law automatically
2c. The president may veto the bill, give out notes to the Legislature, and the process begins again.
2d. If the Legislature votes by a 2/3 threshold of both Houses, voting separately, then the bill becomes a law despite of the veto.
73
Four bills that should come from the HOR
1. Appropriation law
2. Tariff or revenue law
3. Bills about increasing public debt
4. Bills about local application or private bills
74
Rationale behind why those four bills must originate from the HOR
Because the HOR was elected directly from the constituents in districts, thereby making them more sensitive to local needs and problems
75
Enrolled bill, defined.
A final copy of the bill, passed by both Houses of Congress and is given to the President for his signature.
76
Principle of conclusiveness
An enrolled bill is conclusive in that it is the solemn assurance by the legislature that it properly passed the formal process of bill passage.
77
Legislative Journal, defined.
Official record of proceedings in each house during bill passage. Includes the yeas and nays, questions, or presidential objections to the bill. Conclusive only to the Courts
78
Who will prevail, enrolled bill or legislative journal.
Enrolled bill generally prevails.
79
Four types of statutes (as to importance and relevance to construction)
1. Reference
2. Supplementary
3. Reenacted
4. Adopted
80
Mandatory Statutes, defined
1. Commands a particular action and a particular way to perform it. Usually contains the words "must", "ought", and "should"
81
Directory statutes, defiend
1. Permissive and discretionary statutes that outline an act and the purpose it should accomplish. Prescribed in a manner that is not strict, and does not inflict injury if not performed in the manner prescribed
2. Contains words like may.
82
Prospective statutes, defined.
They look and apply to the future. General rule.
83
Retroactive statutes, defined.
Creates a new obligation, imposes a new duty, or attaches a new disability concerning a transaction or an action that has alread occurred.
84
Six tests of validity for an ORDINANCE
1. If it contravenes the Constitution
2. If it is unfair or oppressive
3. If it is partial or discriminatory
4. If it prohibits trade
5. If it is unreasonable
6. If it not consistent with public policy.
85
Two views as to the effects of constitutionality
1. Orthodox view. General rule. Ab ignatio, null and void as if it never existed
2. Modern view. Refuses to recognize an unconstitutional law and determines the rights of the party as if the statute did not exist.
