STATUTORY CONSTRUCTION

MULTIPLE CHOICE QUESTIONS

1) In case of discrepancy between a basic law and a rule of regulation issued to

implement a law, which prevails?

a) Rule of regulation prevails over the basic law because said rule or
regulation can go beyond the terms and provisions of basic law.
b) Basic law prevails over the rule of regulation because rule or regulation
cannot go beyond the terms and provisions of basic law.
c) Rule of regulation will prevail over basic law if the former is firs enacted
and implemented over the latter.
d) Basic law will prevail over rule of regulation if the former is firs enacted
and implemented over the latter.

ANSWER: B

2) Where the terms of a statute are positive and unambiguous, which of the
following is true?

a) Exceptions in a statute cannot be implied in order to give effect to the

general legislative act.
b) Exceptions not made by
c) Exceptions not made by
d) Exceptions in a statute
specific legislative act.
legislature cannot be read into act.
legislature can be read into act.
cannot be implied in order to give effect to the

ANSWER: B

3) Which of the following is not correct?

a) Generally, a statute adopted from another state or country will presumed

to have been adopted with the construction placed on it by the courts of
that state or country before its adoption.
b) Construction of a statute adopted from another state placed by the court
cannot be regarded of great weight.
c) Philippine Postal statutes being patterned after United States postal
statutes are generally construed according to the latter.
d) Construction of a statute by courts of the original state after its adoption
by another have no controlling effect on the adopting state, although it
may be persuasive.

ANSWER: B

4) In case of conflict between a general law and a special statute, the special
statute:
 a) should be taken not as an exception to the general law in the absence of
general circumstances forcing a contrary conclusion.
b) should prevail since it evinces the legislative intent more clearly than the
general statute.
c) can be repealed , amended or altered by a subsequent general law by
mere application.
d) should be taken not as an exception to the general law in the absence of
special circumstances forcing a contrary conclusion.

ANSWER: B

5) Which of the following statements is correct?

a) In case of doubt, the Constitution should be considered as non-self-

executing rather than self-executing.
b) One who attacks a statute alleging unconstitutionality must prove its
validity beyond a reasonable doubt.
c) If the constitutional provisions are treated as requiring legislation instead
of self-executing, the legislature would not have the power to ignore and
practically nullify the mandate of the fundamental law.
d) Unless it is expressly provided that a legislative act is necessary to
enforce a constitutional mandate, the presumption is that no provision of
the constitution is self-executing.

ANSWER: B

6) Penal statutes

a) are liberally and not strictly construed as a general rule.

b) can be abolished by the implementation of some statutes as a rule of
strict construction.
c) should be extended further than their terms reasonably justify.
d) Unless it is expressly provided that a legislative act is necessary to
enforce a constitutional mandate, the presumption is that no provision of
the constitution is self-executing.

ANSWER: B

7) Accordingly, tax statutes

a) must be construed strictly against the taxpayer and liberally in favor of

the government.
b) must be construed strictly against the government and liberally in favor of
the taxpayer.
c) must be construed strictly against the government and liberally in favor of
the taxpayer for granting tax exemption.
d) must not interfere with the personal and proprietary rights of the people.

ANSWER: B
8) In the rule of effectivity and prospectivity of statutes,

a) As a general rule, a bill becomes effective depends on the terms of the act
itself but cannot be subjected to a constitutional restrictions where the
legislature may fix when it shall take effect.
b) Emergency statutes ordinarily take effect from the date of their passage
and approval.
c) A constitutional provision for emergency clauses is defeated by other
provisions for initiative and referendum. .
d) Ordinarily, emergency statutes become immediately effective and cannot
be a subject to repeal by referendum.

ANSWER: B

9) Prospectivity applies:

a) To statutes, administrative rulings and judicial decisions excluding

circulars.
b) To statutes, administrative rulings and judicial decisions including
circulars.
c) To statutes and judicial decisions excluding circulars and administrative
rulings.
d) To statutes only.

ANSWER: B

10) As a general rule:

a) Legislative grants are construed strictly in favor of the grantee and

against the public.
b) Legislative grants are construed strictly in favor of the public and against
the grantee.
c) Grant of public nature is liberally construed against the grantee.
d) Grant of public nature is strictly construed against the public.

ANSWER: B