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II.
Statutory Construction
Final Examination
October 14, 2004
I.
II.
III.
IV.
V.
Define/explain
a. Redendo Singula Singulis
b. Casus Omissus
c. Pari Materia Rule
d. Doctrine of Last Antecedent
e. Mens Legislatores
f. Doctrine of Necessary Implication
g. Ratio Legis
When is an ambiguous law void? Why?
Art. 101 of the civil Code consider as void donation between spouses
during the marriage
Can R donate to his live in partner, Y, his Toyota car? Why?
An Anti Vagrancy Law Provides:
Art I. Vagrants Penalty. the following are vagrants:
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1. Any person found loitering about saloons, public or semipublic
buildings, or tramping or straying through the streets or countryside
without visible means of support.
X, the secretary of a law office, was found loitering about a certain bar
in Session Road every night.
A. What statutory construction principle and/or Latin maxim will you
use to support the following;
a. X is a vagrant because he is found loitering about a saloon
because the clause without visible means of support as
used does not apply to the clause. Any person found loitering
about saloons, public or semipublic buildings, but is
confined to tramping or staying though the streets or
countryside why?
b. That is not the intention of Congress to qualify the first part
of the clause with without visible means of support
because congress placed a comma after semipublic or public
building and it did not insert comma after the word
countryside Why?
c. X is not a vagrant because it is the intention of congress to
apply without visible means of support to both the clauses:
loitering about saloons, public or semi public buildings and
tramping or straying through the streets or countryside.
B. Using the definition of loitering as idling or wasting ones time, if
you were the judge will you consider X a vagrant? Why?
PD 1564 provides as follows:
Sec. 2. Any person, corporation, organization or association desiring to
solicit or receive contributions for charitable or public welfare purposes
shall first secure a permit from the Regional Offices of the Department of
Social Services and Development..
xxxx
The officer of the civic organization known as the Samahang
Katandaang Nayon ng Tikay launched a fund raising drive for the purpose
of renovating the chapel of Barrio Tikay.
X, the chairman of the group solicited from Y the amount of P1,500.00.
It is admitted that the solicitation was made without a permit from the
Department of Social Services and Development.
Can X be charged for violating PD No. 1564? Why?
Statutory Construction
Final Examinaion
October 9, 2003
I.
Define/explain
II.
III.
IV.
V.
VI.