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Important! Statutory construction principles hold true only when there is doubt or ambiguity in the law and not when the law itself is clear and free from doubt, leaving no room for interpretation. Expresso unius est exclusio alterius Express mention of one person, thing, or consequence implies the exclusion of all others DEPENDS ON LEGISLATIVE INTENT Canons of restrictive interpretation based on the rules of logic and the natural workings of the human mind Predicated upon ones own voluntary act and not upon that of others Premise: Legislature would not have made specified enumerations in a statute had the intention been not to restrict its meaning and confine its terms to those expressly mentioned Opposite of doctrine of necessary implication Variations: 1) Expressum facit cessare tacitum What is expressed puts an end to that which is implied Where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters 2) Exceptio firmat regulam in casibus non exceptis A general expression followed by exceptions therefrom implies that those which do not fall under the exceptions come within the scope of the general expression A thing not being excepted must be regarded as coming within the purview of the general rule Maxim of recognized utility is the rule that the express exception, exemption or saving excludes others 3) Exceptio firmat regulam in casibus non exceptis Expression of one or more things of a class implies the exclusion of all not expressed, even though all would have been implied had none been expressed Basis: in human experience, minds of parties are usually addressed specially to the particularization, and generalities are used in contemplation of that upon which the minds of the parties are centered Generally used in the construction of statutes granting powers, creating rights and remedies, restricting common rights, and imposing penalties and forfeitures, as well as those statutes which are strictly construed Not a rule of law nor of universal application but a mere auxiliary tool of statutory construction or a means of ascertaining the legislative intent Cannot be used to defeat plainly indicated purpose of legislature, rule not being inflexible nor a mechanical or technical tool Limitations when it does not apply: 1) Where other circumstances indicate that the enumeration was not intended to be exclusive 2) Where the enumeration is by way of example or to remove doubts only 3) If its application will result in incongruities or a violation of the equal protection clause of the Constitution If there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute, so that the absence of any mention of such other will not exclude it In case a statute appears upon its face to limit the operation of its provision to particular persons or things by enumerating them, but no reason exists why other persons or things not so enumerated should not have been included and manifest injustice will follow by not including them 4) If adherence thereto would cause inconvenience, hardship, and injury to the public interest
Argumentum a contrario Also known as the negative-opposite doctrine What is expressed puts an end to that which is implied Dissimilum dissimilis est ratio Of things dissimilar, the rule is dissimilar Casus omissus pro omisso habendus est A person, object or thing omitted from an enumeration must be held to have been omitted intentionally Proceeds from reasonable certainty that P,O,T has been omitted from a legislative enumeration Operates and applies only if and when the omission has been clearly established, and in such a case what is omitted in the enumeration may not, by construction, be included therein. Court cannot supply omission even though it may have resulted from inadvertence or because case was not foreseen nor contemplated. Does not apply where it is shown that the legislature did not intend to exclude the P,O,T from the enumeration. If such legislative intent is clearly indicated, court may supply the omission if to do so will carry out the clear intent of the legislature and will not do violence to its language. Ubi lex non distinguit, nec nos distinguere debemus Where the law does not distinguish, courts should not distinguish There should be no distinction in the application of a statute where none is indicated Founded on logic Assumption: Legislature made no qualification in the use of a general word or expression Corollary of principle that general words and phrases in a statute should ordinarily be accorded their natural and general significance Corollary rule: where the law does not make any exception, courts may no except something therefrom, unless there is compelling reason apparent in the law to justify it Applies not only in the construction of general words and expressions used in a statute but also in the interpretation of a rule laid down therein Where the legislature has clearly laid down a rule for one class of cases it is not readily to be supposed that, in the same act, a different rule has been prescribed for another class of cases within the same as the first Courts may distinguish when there are facts and circumstances showing that the legislature intended a distinction or qualification (as in Garvida vs. Sales SK member or official age limit) Reddendo singula singulis Variation of the doctrine of last antecedent Referring each to each; referring each phrase or expression to its appropriate object, or let each be put in its proper place, that is, the words should be taken distributively Requires that the antecedents and consequences should be read distributively to the effect that each word is to be applied to the subject to which it appears by context most appropriately related and to which it is most applicable Doctrine of Necessary Implication
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statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege because the greater includes the lesser (in eo quod plus sit, simper inest et minus) Limitations: 1) Excludes what is merely plausible, beneficial or desirable May not be used to justify the inclusion in a statute of what to the court appears to be wise and just, unless it is at the same time necessarily and logically within its terms 2) May not be employed to support an interpretation destructive of the object or purpose of the law What may be necessarily implied from a statute should be consistent with, and not contrary to, the Constitution or to existing laws Implication which is violative of the law is unjustified or unwarranted Provisos Office of a proviso is either to limit the application of the enacting clause, section, or provision of a statute, or to except something therefrom, or to qualify or restrain its generality Primary purpose is to limit or restrict the general language or operation of the statute, not to enlarge it Commonly found at the end of a section, or provision of a statute, and is introduced, as a rule, by the word Provided or by some other words or phrases such as but nothing herein WHAT DETERMINES whether a clause is a proviso is its SUBSTANCE rather than its form, a question of legislative intent General rule: qualifies or modifies only the phrase immediately preceding it or restrains or limits the generality of the clause that it immediately follows, unless it is clear that the legislature intended it to have a wider scope Should be construed as to harmonize, not to repeal or destroy, the main provision of the statute When there is irreconcilable conflict between proviso and main provision of statute, that which is located in a later portion of the statute prevails, unless there is legislative intent to the contrary or such construction will destroy the whole statute itself. This is so because the later provision is the latest expression of the intent of the legislature. Other functions of proviso: 1) May enlarge scope of law May enlarge, instead of restrict or limit, what otherwise is a phrase of limited import had there been no proviso qualifying it 2) May assume the role of additional legislation A clear and unqualified purpose expressed in the opening statement of a section of a statute comprising several subdivisions has been construed as controlling and limiting a proviso attached to one of the subdivisions, where the proviso, if segregated therefrom, would mean exactly the reverse of what it necessarily implied when read in connection with the limitation
Saving Clauses Clause which operates to except from the effect of the law what the clause provides, or to save something which would otherwise be lost Usually used to except or save something from the effect of a repeal of a statute o Legislature may preserve right of state to prosecute and punish offenses committed in violation of a repealed law o Where existing procedure is altered or substituted by another, usual to save proceedings pending under the old law at the time the new law takes effect Construe in the light of the legislative intent and purpose, principal consideration being to effectuate such intent or carry out such purpose Either liberal or strict construction depending upon the kind of interpretation that should, considering its nature, be given to the statute as a whole Construction of Statute as a Whole
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o Interpretare
Law
should be interpreted with a view to upholding rather than destroying it (Interpretatio fienda est ut res magis valeat quam pereat) Presumption: Legislature has enacted a statute whose provisions are in harmony and consistent with each other and that conflicting intentions in the same statute are never supposed or regarded. Law enacted is complete by itself, that the legislature did perform its function well and that it intended to impart to its enactment such a meaning as will render it operative and effective. Where absolute harmony between parts of a statute is demonstrably not possible, the court must reject that one which is lease in accord with the general plan of the whole statute o In case of irreconcilable conflict between two provisions of the same statute, the last in order of position is frequently held to prevail unless it clearly appears that the intent of the legislature is otherwise o The circumstances of their passage, among other aids to construction, should also be inquired into to determine which should prevail Construction in Relation to Other Statutes Statute should be construed in harmony with, and not in violation of, the fundamental law. Legislature presumed to have adhered to the constitutional limitations. o If there is doubt or uncertainty as to the meaning of the legislature, that interpretation will be adopted which will avoid the effect of unconstitutionality, even though it may be necessary, for this purpose, to disregard the more usual or apparent import of the language employed. However, court cannot, in order to bring a statute within the fundamental law, amend it by construction.
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o Lex de futuro, judex de praeterito = law provides for the future, o Nova constitutio futuris formam imponere debet non praeteritis
= a new statute should affect the future, not the past Reason: a law is a rule established to guide actions with no binding effect until it is enacted; has no application to past but only to future times Presumption stronger with reference to substantive laws affecting pending actions or proceedings Law may be made operative partly on facts that occurred prior to the effectivity of such law without being retroactive Prospectivity applies to statutes, administrative rulings and circulars and judicial decisions (evidence of what the laws mean) General rule does not apply to statutes relating to remedies or modes of procedure which neither create new nor take away vested rights but only operate in furtherance of the remedy or confirmation of rights already existing and is presumptively applicable to all actions Word shall implies that the lawmakers intend the enactment to be effective only in the future When law expressly provides that it shall be retroactive but it violates any of the constitutional restrictions, it shall be applied prospectively to save it from being declared unconstitutional Prospective Statutes the judge for the past
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Retroactive Statutes Law which creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction already past Remedial or curative statutes as well as statutes which create new rights are intended to be retroactive by their nature and do not impair contractual or vested rights Penal laws when favorable to the accused o Basis: founded on the very principles on which the right of the state to punish and impose penalty is based; exception founded on principles of justice, not on political considerations o Exception justified by conscience and good law o Assumption: two laws affecting the liability of the accused one in force at the time of the commission of the crime and the other enacted during or after the trial of the criminal action o Limitations:
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Leges
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Effect of repeal or nullity of repealing law o When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not thereby be revived, unless expressly so provided. o Where a law which repeals a prior law by implication is repealed, the prior law is revived unless the language of the repealing statute provides otherwise. o Where a repealing statute is declared unconstitutional, it will have no effect of repealing the former statute which will continue to remain in force.
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