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A statute must be read and construed in its entirety. Each provision of the
statute should be construed in relation to the other provisions of the statute.
Parts of a statute are not to be viewed in isolation because a statute is
passed and approved as a whole.
3. Explain optima statute interpretatix est ipsum statutum (the best interpreter
of the statute is the statute itself).
This means that it is not enough that a statute should be given effect as a
whole but that effect should be given to each of the provisions in the statute.
This rule applies to amendments because it is presumed that the legislature,
in making changes in the law, finds that there is a necessity for said
amendments.
Where two different statutes of different dates and of contrary tenor are of
equal theoretical application to a particular case, the statute of later date
prevails.
8. What are the exceptions to the rule that special provisions prevail over the
general provisions?
The general law prevails over the special law when it treats the subject in
particular and the special law refers to it in general.
The general law prevails over the special law when the legislature intended
the general enactment to cover the whole subject and to repeal all prior laws
inconsistent therewith.
Under this rule, all statutes relating to the same subject, or having the same
general purpose, should be read and construed together as if they
constituted one law.
This rule is founded on the assumption that in enacting a law, the legislature
has in mind the previous statutes relating to the same subject matter, and in
the absence of any express repeal or amendment the new statute is deemed
enacted in accordance with the legislative policy embodied in the previous
statutes that it enacted.
10.What are the three qualifications for pari material rule to apply?
If two or more statutes on the same subject were enacted at different times
and under different conditions and circumstances, their interpretation should
be in accordance with the circumstances or conditions peculiar to each
(distingue tempra et concordabis jura).
A statute will not be construed as repealing prior act or acts on the same
subject unless the new law is evidently intended to all prior laws on the
matter.
In case of doubt, the doubt will be resolved against implied amendment or
repeal and in favour of harmonization of all laws on the subject.
Adopted statutes are those which are patterned after, or copied from the
statute of another country.
For purposes of construing an adopted statute, our courts will necessarily be
guided by the interpretation and construction of the courts of the country
from which such statute is taken.
Equity is justice outside legality. It applies only in the absence of and never
against statutory law or judicial rules of procedure.
Equity follows the law but where the law gives a particular remedy and that
remedy is bounded and circumscribed by particular rules, it would be
improper for the court to take it up where the law leaves it and to extend it
further than the law allows.
Principles of equity cannot be applied if there is a provision of law specifically
applicable to a case.
Implied repeals are not legally presumed in the absence of a clear and
unmistakable showing of such intentions.