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Statcon General Principles

The document outlines general principles of statutory construction in the Philippines: 1) Statutes must be read as a whole and individual provisions interpreted in the context of related provisions to give effect to legislative intent. 2) Courts have a duty to reconcile any conflicting provisions in a statute. 3) Specific statutes generally take precedence over more general laws, unless legislative intent indicates otherwise. 4) Laws dealing with the same subject matter must be interpreted consistently.

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108 views2 pages

Statcon General Principles

The document outlines general principles of statutory construction in the Philippines: 1) Statutes must be read as a whole and individual provisions interpreted in the context of related provisions to give effect to legislative intent. 2) Courts have a duty to reconcile any conflicting provisions in a statute. 3) Specific statutes generally take precedence over more general laws, unless legislative intent indicates otherwise. 4) Laws dealing with the same subject matter must be interpreted consistently.

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Franchesca Revello
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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STATCON GENERAL PRINCIPLES:

General Principles aside from Verba Legis and Ratio Legis:

a) Statute must be read an construed as whole


- To study the words, phrases, and clauses that should be in harmony with each other
- To study the words, phrases, and clauses Not in isolation but in the light of other cognate
provisions of the statute in order to give effect to the legislative intent

b) Legislative intent must be ascertained from the statute as a whole


c) Courts have the duty to reconcile or harmonize the different provisions thereof
d) As a rule, the statute of later date prevails
e) Generalia Specialibus Non Derogant – general law does not nullify a specific or special law
f) Special law prevails over general law;
General rule: In case of conflict, the specific statute prevails. Expression of legislative
intent on the more specific matter.
Exception: (1) general law will prevail when intent to repeal is manifest, (2) when
general statute treats the subject in particular and specific statute refers to it as general, and
(3) Legislature intended the general enactment to cover the whole subject and to repeal
prior laws inconsistent with it
g) Pari Materia Rule – Doctrine of Statutory Interpretation which states that laws of the same
subject & matter must be construed with reference to each other. Principle intent is to promote
predictability & uniformity in law.
h) In interpreting re-enacted statutes, the court will follow construction which such statue received
when previously in effect/force
i.) In the case of an adopted statute, the interpretation of courts of state from which it is adopted
should be considered
- Courts will necessary be guided by interpretation and construction of courts from which such
statute is taken
- Is it conclusive? No. It will serve as a guide, it is persuasive. But not conclusive. There are certain
circumstances/matters to be taken in consideration in our jurisdiction
j.) In case of conflict between common law principle and statutory provision, the latter prevails
- Common law is by far and wide-based on judgments made in the past, statutory laws have statutes
has basis
k.) Implied repeals are not legally presumed in the absence of a clear and unmistakable showing
of such intention
- Legislature is presumed to know existing laws on the subject and not to have enacted inconsistent
or conflicting statute
- Repeal by implication are not favored, it will not be decreed unless it is manifest that the
legislature so intended

Presumption of Justice
Art. 10 of NCC – In case of doubt in the interpretation of laws, it is presumed that the lawmaking
body intended right & justice to prevail

Construction consistent with the Constitution


When statute should be construed in harmony with Constitution?
- Hierarchy of laws, Constitution occupies the highest position therefore all other laws, statutes,
ordinances, proclamation, executive orders, rules and regulations must bow before the
Constitution, must be in harmony with Constitution and must not violate Constitution
- All reasonable doubts should be resolved in favor of the constitutionality of a statute
(Presumption of Constitutionality)

Construction to render statute effective


Why? Because we have to give effect to legislative intent. To reflect intention of legislative and
avoid a hodge-podge of conflicting provisions (hodge-podge – in order not to create ambiguity,
conflict and doubleness of meaning)

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