Академический Документы
Профессиональный Документы
Культура Документы
STATUTORY CONSTRUCTION;
CONSTRUCTION DEFINED; CASE
AT BAR. Construction is the
art or process of discovering and
expounding the meaning and
intention of the authors of the
law with respect to its
application to a given
case, where that intention is
rendered doubtful, among
others, by reason of the fact
that the given case is not
explicitly provided for in the
law (Black, Interpretation of
Laws, p. 1). In the present case,
the question of whether or not
the scheme proposed by the
appellee is within the coverage
of the prohibitive provisions of
the Postal Law inescapably
requires an inquiry into the
intended meaning of the words
used therein. This is as much a
question of construction or
interpretation as any
other. (Caltex (Phil.), Inc. v.
Palomar, G.R. No. L-19650,
[September 29, 1966], 124 PHIL
763-781)
|||
Garcia v sss
It is a rule in statutory
construction that every part of
the statute must be interpreted
with reference to the
context, i.e., that every part of
the statute must be considered
together with the other parts,
and kept subservient to the
general intent of the whole
Brent v Zamora
RCBC V IAC
STATUTORY CONSTRUCTION; A
TOO LITERAL INTERPRETATION
OF THE LAW LEADS TO
ABSURDITY WHICH CANNOT BE
COUNTENANCED. Moreover,
petitioner's too literal
interpretation of the law leads to
absurdity which we cannot
countenance. Thus, in a case,
the Court made the following
admonition: "We admonish
against a too-literal reading of
the law as this is apt to constrict
rather than fulfill its purpose and
defeat the intention of its
authors. That intention is usually
found not in 'the letter that
killeth but in the spirit that
vivifieth' . . ." The spirit, rather
than the letter of a law
determines its construction;
hence, a statute, as in this case,
must be read according to its
spirit and intent.
(Paras v.
Commission on Elections, G.R.
|||
STATUTORY CONSTRUCTION;
WHERE THE LAW SPEAKS IN
CLEAR AND CATEGORICAL
LANGUAGE, THERE IS NO ROOM
FOR INTERPRETATION BUT ONLY
FOR APPLICATION. It bears
stressing that the first and
fundamental duty of the Court is
to apply the law. When the law is
clear and free from any doubt or
ambiguity, there is no room for
construction or interpretation. As
has been our consistent ruling,
where the law speaks in clear
and categorical language, there
is no occasion for interpretation;
there is only room for
application. Only when the law is
ambiguous or of doubtful
meaning may the court interpret
or construe its true intent.
Ambiguity is a condition of
admitting two or more
|||
PARAS V COMELEC
EDIHSC|||
LIDASAN V COMELEC
CONSTITUTIONAL LAW;
STATUTES; NO BILL SHOULD
EMBRACE MORE THAN ONE
SUBJECT WHICH SHALL BE
EXPRESSED IN ITS TITLE. The
constitutional requirement is
that no bill which may be
enacted into law shall embrace
more than one subject which
shall be expressed in the title of
the bill. This provision is similar
to those found in the
Constitution of many American
States. It is aimed against the
evil of the so-called omnibus
bills, and log-rolling legislation,
and against surreptitious or
unconsidered enactments.
Where the subject of a bill is
limited to a particular matter,
the members of the legislature
as well as the people should be
informed of the subject of
proposed legislative measures.
This constitutional provision thus
precludes the insertion of riders
in legislation, a rider being a
CONSTITUTIONAL AND
POLITICAL LAW; JUDICIARY;
POLITICAL QUESTIONS NOT
WITHIN PROVINCE OF. Political
questions are not within the
province of the judiciary, except
to the extent that power to deal
with such questions has been
conferred upon the courts by
express constitutional or
statutory provisions. (Mabanag
v. Vito, G.R. No. L-1123, [March
5, 1947], 78 PHIL 1-111)
|||
Casco v gimenez
If
ratification of a constitutional
amendment is a political question,
a
proposal
which
leads
to
ratification has to be a political
question.
The
two
steps
complement each other in a
scheme intended to achieve a
single objective. It is to be noted
that the amendatory process as
provided in section 1 of Article XV
of the Philippine Constitution
"consists of (only) two distinct