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This document discusses aids to statutory construction including parts of a law like the title and preamble, grammatical aids like punctuation and words/phrases, and explanatory notes and legislative debates. It also discusses presumptions, burden of proof, and rules regarding marriage and children born within 300 days of a prior marriage ending. Key points are that legislative intent can be understood through explanatory notes, debates, and prior laws, and there are disputable and conclusive presumptions that can apply in legal matters.
This document discusses aids to statutory construction including parts of a law like the title and preamble, grammatical aids like punctuation and words/phrases, and explanatory notes and legislative debates. It also discusses presumptions, burden of proof, and rules regarding marriage and children born within 300 days of a prior marriage ending. Key points are that legislative intent can be understood through explanatory notes, debates, and prior laws, and there are disputable and conclusive presumptions that can apply in legal matters.
This document discusses aids to statutory construction including parts of a law like the title and preamble, grammatical aids like punctuation and words/phrases, and explanatory notes and legislative debates. It also discusses presumptions, burden of proof, and rules regarding marriage and children born within 300 days of a prior marriage ending. Key points are that legislative intent can be understood through explanatory notes, debates, and prior laws, and there are disputable and conclusive presumptions that can apply in legal matters.
Debates (a) Whenever a party has, by his own declaration, A. Parts of a Law a. Explanatory notes a short act, or omission, intentionally and deliberately led exposition of explanation to another to believe a particular thing true, and 1. Title it sets forth the subject of the law. accompanying a proposed to act upon such belief, he cannot, in any The title shall be resorted to when there legislation by its author or litigation arising out of such declaration, act or is a need to restrict or expand the scope proponent. Use to give effect to omission, be permitted to falsify it: of the law, as the constitution provides the purpose or intent as that every bill passed by Congress shall disclosed in its explanatory note. (b) The tenant is not permitted to deny the title of contain only one subject which shall be It may be used as a basis for his landlord at the time of commencement of the expressed in the Title thereof. giving a statute a meaning that relation of landlord and tenant between them. 2. Preamble it sets forth the facts from is inconsistent with what is Sec. 3. Disputable presumptions. The which the law originated, the evils sought expressed in the text of the following presumptions are satisfactory if to be prevented, the problems that are statute. uncontradicted, but may be contradicted and supposed to be remedied, as well as the overcome by other evidence: situations that are to be addressed or b. Legislative Debates are tools regulated by the law. (See People v. of construction that show the (a) That a person is innocent of crime or wrong; Purisima) intention of the legislators in 3. Context to ascertain legislative intent, enacting a statute, they are (b) That an unlawful act was done with an the statute itself taken as a whole in resorted in order to resolve unlawful intent; relation to one another considering the ambiguities, especially when a whole context of the statute and not from party has a different meaning (c) That a person intends the ordinary an isolated part of the provision. The from the ordinary and plain consequences of his voluntary act; meaning dictated by its context prevails. meaning of any terms used in the Every section, provision of the statute law. Courts may avail to (d) That a person takes ordinary care of his must be expounded by reference to each themselves the actual concerns; other in order to arrive at the effect proceedings of the legislative contemplated by the legislature body to assist in determining the (e) That evidence willfully suppressed would be construction of a statute of adverse if produced; B.Grammatical Aids doubtful meaning 6. Legislative History and Prior Laws on (f) That money paid by one to another was due to 1. Punctuation Marks are separators of which Statute is based Courts are the latter; ideas and they are indicators of intent to permitted to look on prior laws on the the application of the law. They are same subject to investigate the (g) That a thing delivered by one to another grammatical tools used to determine the antecedents of the statute involved. This belonged to the latter; separation of thoughts from each other, is applicable in the interpretation of and to which thought or clause a codes, revised or compiled statutes for (h) That an obligation delivered up to the debtor particular phrase applies. the prior law which have been codified, has been paid; 2. Words or phrases revised or compiled will show the 3. Headnotes and Epigraphs these are legislative history that will clarify the (i) That prior rents or installments had been paid convenient indicators of the index of the intent of the law or shed light on the when a receipt for the later one is produced; statute. Although weak as an aid to meaning and scope of the codified or construction and interpretation, the same revised statute (j) That a person found in possession of a thing may nevertheless be used to clarify 7. Presumptions and Implications taken in the doing of a recent wrongful act is the ambiguity. As indices of the law, the same taker and the doer of the whole act; otherwise, may serve to particularize the subject Rule 131: Burden of Proof and Presumptions that things which a person possess, or exercises and thus resolve the ambiguity that may acts of ownership over, are owned by him; be found. Sec.1. Burden of Proof. - Burden of proof is the 4. Legislative Intent/Policy The guiding duty of a party to present evidence on the facts in (k) That a person in possession of an order on light of the interpretation of a law. The issue necessary to establish his claim or defense himself for the payment of the money, or the policy sets forth the evils sought to be by the amount of evidence required by law. delivery of anything, has paid the money or avoided, and the acts sought to be Sec. 2. Conclusive presumptions. The delivered the thing accordingly; regulated and the reason for the following are instances of conclusive enactment of the law. presumptions: (l) That a person acting in a public office was (1) A person on board a vessel lost during a sea their actual joint contribution of money, property regularly appointed or elected to it; voyage, or an aircraft with is missing, who has not or industry, such contributions and their been heard of for four years since the loss of the corresponding shares including joint deposits of (m) That official duty has been regularly vessel or aircraft; money and evidences of credit are equal. performed; (2) A member of the armed forces who has taken (dd) That if the marriage is terminated and the (n) That a court, or judge acting as such, whether part in armed hostilities, and has been missing for mother contracted another marriage within three in the Philippines or elsewhere, was acting in the four years; hundred days after such termination of the former lawful exercise of jurisdiction; marriage, these rules shall govern in the absence (3) A person who has been in danger of death of proof to the contrary: (o) That all the matters within an issue raised in a under other circumstances and whose existence case were laid before the court and passed upon has not been known for four years; (1) A child born before one hundred eighty days by it; and in like manner that all matters within an after the solemnization of the subsequent issue raised in a dispute submitted for arbitration (4) If a married person has been absent for four marriage is considered to have been conceived were laid before the arbitrators and passed upon consecutive years, the spouse present may during such marriage, even though it be born by them; contract a subsequent marriage if he or she has within the three hundred days after the well-founded belief that the absent spouse is termination of the former marriage. (p) That private transactions have been fair and already death. In case of disappearance, where regular; there is a danger of death the circumstances (2) A child born after one hundred eighty days hereinabove provided, an absence of only two following the celebration of the subsequent (q) That the ordinary course of business has been years shall be sufficient for the purpose of marriage is considered to have been conceived followed; contracting a subsequent marriage. However, in during such marriage, even though it be born any case, before marrying again, the spouse within the three hundred days after the (r) That there was a sufficient consideration for a present must institute a summary proceedings as termination of the former marriage. contract; provided in the Family Code and in the rules for declaration of presumptive death of the absentee, (ee) That a thing once proved to exist continues (s) That a negotiable instrument was given or without prejudice to the effect of reappearance of as long as is usual with things of the nature; indorsed for a sufficient consideration; the absent spouse. (ff) That the law has been obeyed; (t) That an endorsement of negotiable instrument (x) That acquiescence resulted from a belief that was made before the instrument was overdue and the thing acquiesced in was conformable to the (gg) That a printed or published book, purporting at the place where the instrument is dated; law or fact; to be printed or published by public authority, was so printed or published; (u) That a writing is truly dated; (y) That things have happened according to the ordinary course of nature and ordinary nature (hh) That a printed or published book, purporting (v) That a letter duly directed and mailed was habits of life; contain reports of cases adjudged in tribunals of received in the regular course of the mail; the country where the book is published, contains (z) That persons acting as copartners have correct reports of such cases; (w) That after an absence of seven years, it being entered into a contract of copartneship; unknown whether or not the absentee still lives, (ii) That a trustee or other person whose duty it he is considered dead for all purposes, except for (aa) That a man and woman deporting was to convey real property to a particular person those of succession. themselves as husband and wife have entered has actually conveyed it to him when such The absentee shall not be considered dead for the into a lawful contract of marriage; presumption is necessary to perfect the title of purpose of opening his succession till after an such person or his successor in interest; absence of ten years. If he disappeared after the (bb) That property acquired by a man and a age of seventy-five years, an absence of five woman who are capacitated to marry each other (jj) That except for purposes of succession, when years shall be sufficient in order that his and who live exclusively with each other as two persons perish in the same calamity, such as succession may be opened. husband and wife without the benefit of marriage wreck, battle, or conflagration, and it is not shown or under void marriage, has been obtained by who died first, and there are no particular The following shall be considered dead for all their joint efforts, work or industry. circumstances from which it can be inferred, the purposes including the division of the estate survivorship is determined from the probabilities among the heirs: (cc) That in cases of cohabitation by a man and a resulting from the strength and the age of the woman who are not capacitated to marry each sexes, according to the following rules: other and who have acquire properly through 1. If both were under the age of fifteen years, the older is deemed to have survived;
2. If both were above the age sixty, the younger is
deemed to have survived;
3. If one is under fifteen and the other above
sixty, the former is deemed to have survived;
4. If both be over fifteen and under sixty, and the
sex be different, the male is deemed to have survived, if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the
other between those ages, the latter is deemed to have survived.
(kk) That if there is a doubt, as between two or
more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time. (5a)
Section 4. No presumption of legitimacy or
illegitimacy. There is no presumption of legitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation. (6)