Statutory Construction Fundamentals

Question 1

This is a branch of science which establishes the principles as well as rules of interpretation and construction of written laws.

Answer 1

LEGAL HERMENEUTICS

Question 2

The application of the principle and rules of hermeneutics

Answer 2

EXEGESIS

Question 3

The interpretative interpretation by officers, administrative
agencies, department heads and others officially charged with the duty of administering or enforcing a statute carries great weight in determining its operation. though often accepted by the judiciary, however, is not binding upon the courts.

Answer 3

EXECUTIVE CONSTRUCTION

Question 4

Is to ascertain the meaning and intention of the legislature so that the same may be enforced.

Answer 4

STATUTORY CONSTRUCTION

Question 5

This will not be enlarged beyond the actual signification of the words used or extended beyond the limits which the words themselves actually set.

Answer 5

EXCEPTIONS IN THE LAWS

Question 6

Courts should not incorporate matters not provided in the law

Answer 6

JUDICIAL RULING

Question 7

The objective footprints left on the trail of legislative enactment.

Answer 7

LEGISLATIVE INTENT

Question 8

This gives effect to the intent of the law and is in keeping with the modern trend of similar statutes should be followed

Answer 8

INTERPRETATION

Question 9

Is deemed enacted pursuant to the legislative policy embodied in prior statutes relating to the same subject matter. When the
legislature enacts a provision, it is understood that it is aware of previous statutes relating
to the same subject matter and that in the absence of any express repeal or amendment
therein, the new provision should be deemed enacted pursuant to the legislative policy embodied in the prior statutes.

Answer 9

STATUTORY PROVISION

Question 10

Doubtfulness, doubleness of meaning, or indistinctness or uncertain of meaning of the expression used in a written instrument

Answer 10

AMBIGUITY

Question 11

It is ambiguous where
some of the words used therein may refer to several objects and the manner of their use
does not disclose the particular object to which the words refer.

Answer 11

STATUTE

Question 12

Is the body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. It is the fundamental law of the
land to which all other laws must conform.

Answer 12

CONSTITUTION

Question 13

Is not the origin of private rights, it only recognizes and declares the inherent rights of pre-existing rights and prerogatives of a free people; it sets up the governmental
machinery.

Is permanent in character while statutes are tentative, of temporary expedients.

Answer 13

CONSTITUTION

Question 14

Former lays down the general principles and the foundation of government whereas the
latter has to set in detail its purpose or subject matter of which it treats

Answer 14

STATUTE

Question 15

Series of prescriptions setting forth the fundamental civil
and political rights of the citizens with correlative limitations on the power of
government as a means of securing the full enjoyment of those rights.

Answer 15

CONSTITUTION OF LIBERTY

Question 16

Set of provisions setting up the governmental framework.

Answer 16

CONSTITUTION OF GOVERNMENT

Question 17

Prescribing the procedure for amending the constitution

Answer 17

CONSTITUTION OF SOVEREIGNTY

Question 18

One whose provisions have not been reduced to writing and formally embodied in a single document. Consists largely of mass of customs, usages
and judicial decisions together with a few legislative enactment of a fundamental character

Answer 18

UNWRITTEN

Question 19

Provisions of which are embodied in a single formal document or set of documents. It is a product of a deliberate effort to lay down the fundamental principles in accordance with which the government shall be organized and conducted.

Answer 19

WRITTEN

Question 20

One whose origin lies mainly in customs, common law, judicial
decisions, and the like. It is the product of evolution and growth rather than of
deliberate and formal enactment.

Answer 20

CUMULATIVE

Question 21

One which has been formulated ether by constitutional convention or by a royal proclamation

Answer 21

CONVENTIONAL

Question 22

Legally stands over and above ordinary laws and which may be amended only through proceedings different from ordinary legislative proceedings.

Answer 22

RIGID

Question 23

Maybe amended anytime thru ordinary legislative proceeding

Answer 23

FLEXIBLE

Question 24

Is the written will of the legislature solemnly expressed according to the forms necessary to constitute a law of the state. It is the expression of the public will and mandate of the people acting thru their representatives.

Answer 24

STATUTES

Question 25

Refers to judicial interpretation and application of the statutes

Answer 25

STATUTE LAW

Question 26

Nothing becomes a law simply because men who possess the legislative power will enact it. To become a law, a bill must be acted upon by a validly constituted body in a prescribed manner or procedure.

Answer 26

ENACTMENT OF STATUTES

Question 27

One Subject Expressed in a title of the Bill

Answer 27

1. To avoid log rolling 2. To prevent surprise or fraud upon the legislature 3. To fairly apprise the people of the subjects of legislation being considered so that they may have the opportunity of being heard thereon, if they shall so desire.

Question 28

Announces the subject of the Bill

Answer 28

TITLE

Question 29

Explains the reason for the enactment and the objects sought to be attained thereby

Answer 29

PREAMBLE

Question 30

Identifies the Bill as an act of legislation by expressing the clause does not invalidate a statute unless there is an express constitutional requirement.

Answer 30

ENACTING CLAUSE

Question 31

Embodying the right or remedy provided for

Answer 31

BODY

Question 32

That portion which provides for the time when the law shall take effect.

Answer 32

DATE OF EFFECTIVITY

Question 33

Is one which affects all of the people of the state or all persons or things of a particular class. It operates equally to all persons in the same category

Answer 33

GENERAL LAWS

Question 34

Relates to either particular persons or things, or to particular persons or things of a class or which operates in a portion of a class instead of all classes.

Answer 34

SPECIAL LAWS

Question 35

Operate over a particular locality instead of over the whole territory of the state.

Answer 35

LOCAL LAW

Question 36

Concern the interest of the public at large. Applies to the entire territory, to all people

Answer 36

PUBLIC LAWS

Question 37

Concerns and affects particular individual

Answer 37

PRIVATE

Question 38

One which is expressed in an affirmative terms.

Answer 38

AFFIRMATIVE STATUTE

Question 39

One which is expressed in the negative terms-terms of prohibition

Answer 39

NEGATIVE STATUTE

Question 40

Anticipates the regulation of future conduct

Answer 40

PROSPECTIVE STATUTE

Question 41

Affects acts already committed and operates on transactions completed

Answer 41

RETROSPECTIVE

Question 42

If non-compliance therewith renders the proceedings to which it relates null and void

Answer 42

MANDATORY

Question 43

If non-compliance therewith does not invalidate the proceedings to which it relates.

Answer 43

DIRECTORY

Question 44

Which afford remedy, or improve or facilitate existing remedies for the enforcement of right and of redress of injuries

Answer 44

REMEDIAL

Question 45

Which impose punishment for the violation of its provisions

Answer 45

PENAL STATUTES

Question 46

Are enacted to cure defects in prior or to validate legal proceedings, instruments, or acts of public authorities which without such statutes would otherwise be void for want of conformity with certain existing legal requirements. They are called legalizing act

Answer 46

CURATIVE STATUTES

Question 47

One which operation or effectivity is not limited to some particular term or period, but continues in force until repealed or amended

Answer 47

PERMANENT STATUTE

Question 48

Whose operation or effectivity is limited to a fixed period or term. IT continues in force up to the expiration of said period or term, unless earlier repealed or amended

Answer 48

TEMPORARY STATUTE

Question 49

Which purports to be independent of existing statutory provision

Answer 49

ORIGINAL STATUTE

Question 50

One which revokes or terminates another statute. However, only when it specifically and exclusively purports to repeal a former statute will the courts consider it repealing for constitutional purposes

Answer 50

REPEALING STATUTE

Question 51

Which expressly adds to or supplements, or works out an improvement in the original law. Strictly speaking it is an independent statute

Answer 51

AMENDATORY STATUTE

Question 52

Are those which allow certain acts or omission especially those of injurious of the rights of others

Answer 52

PERMISSIVE STATUTE

Question 53

Those which forbid the doing of certain things which are injurious to the public

Answer 53

PROHIBITIVE STATUTE

Question 54

Those which command the doing of certain things and at the same time prescribe the manner or form of performance

Answer 54

PRECEPTIVE STATUTE

Question 55

Is a re-enactment of the whole body of positive law Process of codification- revision of previously enacted legislation, with elimination of repealed laws, inclusion of proper amendments and the systematic arrangement of the laws by subject matter

Answer 55

CODE

Question 56

Those of a state which are adopted wholly or in part by another state; they are enacted as statutes of the adopting state

Answer 56

ADOPTED STATUTES

Question 56

Are pre-existing statutes which are passed by the same legislature which originally enacted them in the same terms or in substantially the same language and for the same purpose and object as the original statute.

Answer 56

RE-ENACTED STATUTE

Question 57

Is a systematic arrangement of all the statutes of a state, published to facilitate the discovery of the law. It does not include revision nor amendment nor repeal, it is limited to the mechanical work of arrangement

Answer 57

COMPILATION

Question 58

or interpretative statute is one passed for the purpose of clarifying any ambiguity in the statements o the law which the legislature determines to be inaccurate. It expounds the true meaning and intent of a prior legislative act

Answer 58

DECLATORY STATUTES

Question 59

Enactment of the legislature employed either to express sentiments or opinions, or to carry out the internal affairs of the legislative body, or to make temporary laws, or to establish procedures for constitutional amendments. It is generally formal and therefore less authoritative expressions of legislative purpose are not laws, since laws refer to those legislative enactments which operate on all persons in society and must be enforced by the legislative dept and sustained by the judiciary. In a limited sense however, resolutions have the effect of law, as where the operation of certain statutes may be conditioned on or terminated by the adoption of concurrent resolutions

Answer 59

RESOLUTION

Question 59

Is an act passed by a municipal in the exercise of its law-making authority

Answer 59

ORDINANCE

Question 59

A simple resolution but passed by both chambers of the legislature. It performs the same functions as the ordi-to anary simple resolutions, except that it reflects the opinion of the entire legislative body, instead of the opinion of only one chambeR.

Answer 59

CONCURRENT RESOLUTION

Question 60

Is a formalized motion passed by a majority of a single legislative chamber. It usually used to create special committees, to express recognition for meritorious services, to extend sympathy on the death of a member, and to express opinions to another governmental body. It is also used to establish rules governing internal affairs

Answer 60

SIMPLE RESOLUTION

Question 61

Is very similar to statutes. It undergoes the same process as a bill towards its enactment. Unlike a concurrent resolution, this passes thru greater procedural safeguards and delays calculated to insure the expression of a more sober judgment.

Answer 61

JOINT RESOLUTION

Question 62

which limits the operation of a statute to such facts and causes arising after its enactment

Answer 62

PROSPECTIVE INTERPRETATION

Question 63

Which holds or states the Statute to be applicable or governing transactions or states of facts wholly completed prior to its enactment

Answer 63

RETROSPECTIVE INTERPRETATION

Question 64

When the words of a Statute are clear and unambiguous, they must be held to mean what they plainly express

Answer 64

LITERAL CONSTRUCTION

Question 65

The process whereby the words of the statutes are arrested from their plain and obvious meaning and made to bear an entirely different meaning for the purpose of avoiding absurd or unjust result

Answer 65

ARTIFICIAL OR STRAINED CONSTRUCTION

Question 66

This is refers to an opinion written by an appellate judge or SCJ who DISAGREES with the majority opinion in a given case.

Answer 66

DISSENTING OPINION

Question 67

This refers to an opinion that AGREES with the majority opinion but does not agree with the rationale behind it ( partly or wholly). Instead of joining the majority, this were judge that will write a separate opinion describing the basis behind their decision.

Answer 67

CONCURRING OPINION

Question 68

This is that part of a court decision which contains the judgement or resolution of the issues subject of the comlaint or petition. It usually appears as the very last paragraph in a deicsino as in " Petition is hereby dismissed for lack of merit", or " wherefore, the petition is granted", or "We rule that the..."

Answer 68

DISPOSITIVE PORTION

Question 69

This is the fundamental to the philippine legal system . In judicial decisions, the majorityopinion represents the collective judgement of the court and is considered binding on lower courts. Thid principle ensures consistency and predictability in the application of the law.

Answer 69

PRINCIPLE OF MAJORITY RULE

Question 70

One which exempts special things out of he general things mentioned in the enactment.

Answer 70

Saving clause