6. WHAT IS THE DOCTRINE OF THE LAST ANTECEDENT?

Answer:
Doctrine of last antecedent or AD PROXIMUM ANTECEDENS FIAL RELATIO NISI
IMPEDIATUR SENTENTIA or relative words refer to the nearest antecedents, unless the
context otherwise requires. QUALIFYING WORDS restrict or modify only the words or
phrases to which they are immediately associated.

7. DISCUSS WHAT IS MEANT BY THIS PRINCIPLE IN STATUTORY CONSTRUCTION:

A. THAT WHERE THE TWO STATUTES THAT APPLY IN A PARTICULAR CASE, THAT
WHICH WAS SPECIFICALLY DESIGNED FOR THE SAID CASE MUST PREVAIL OVER THE
OTHER:
Answer:
1. Between two general laws, the latter law shall prevail.
2. Between two special laws, the latter law shall prevail.
3. Between a general law and a special law, the latter will control the former without regard
to the respective dates of passage.
4. Between a special law which refers to a subject in general and the general law which
treats the same subject in particular, the latter law shall prevail.
5. Between the Constitution and a statute, the former shall prevail and the contrary provision
of the latter shall be declared as unconstitutional.
6. Between the Constitution and an administrative or executive act, order or regulation, the
former shall prevail and the contrary provision of the latter shall be declared as
unconstitutional.
7. Between the Constitution and an ordinance, the former shall prevail and the contrary
provision of the latter shall be declared as unconstitutional.
8. Between a statute and an ordinance, the former shall prevail because an ordinance must
not contravene a statute in order to be valid.
9. Between an administrative or executive act, order or regulation and an ordinance, the
former shall prevail because an ordinance must not contravene any law in order to be
valid.

B. LEGIS INTERPRETATIO LEGIS VIM OBTINET

Answer:
The construction of law obtains the force of law.

C. LEX PROSPICIT NOT RESPICIT

Answer:
The law looks forward, not backward. Statutes are prospective and not retroactive in their
operation, they being the formulation of rules for the future, not the past.

D. CONTEMPORANEA EXPOSITIO EST OPTIMA ET FORTISSINIA IN LEGE:

Answer:
Meaning Contemporaneous exposition is the best and strongest in law. It is said that the best
exposition of a statute or any other document is that which it has received from contemporary
authority.

E. STARE DECISIS ET NON QUIETA MOVERE

Answer:
Latin meaning "To stand by and adhere to decisions and not disturb what is settled". The
importance of the doctrine in statutory or constitutional construction is that the application or
interpretation made in a prior case should be likewise made applicable to the subsequent factually
similar cases.

F. VERBA LEGIS NON EST RECEDENDUM

Answer:
From the words of the law there must be no departure

10.GIVE THE INSTANCES WHEN CONTEMPORANEOUS CONSTRUCTION IS NOT BINDING

UPON TO THE COURT.
Answer:

CONTEMPORANEOUS CONSTRUCTIONS or CONTEMPORARY CONSTRUCTIONS are

made by the EXECUTIVE Departments.
First type of Contemporary Constructions are the interpretations of the Executive on Statutes, for
them to implement it, they must understand it and interpret it if the language of the law is
AMBIGUOUS. The executive makes RULES or IRRs for this statutes, or ADMINISTRATIVE
RULES and PROCEDURES. These IRRs or RULES issued by the executive to execute the
Statute are CONTEMPORARY Construction.
Second Type of Contemporary Constructions are the INTERPRETATIONS of the JUSTICE
Secretary in carrying out PENAL LAWS and all OTHER LAWS, under her are the
PROSECUTORS, FISCALS of the Philippine Republic. The issuances on how laws are to be
prosecuted are CONTEMPORARY CONSTRUCTION of the Justice Secretary.
The third type are the DECISIONS OF THE ADMINISTRATIVE BODIES handling disputes in a
QUASI-JUDICIAL MANNER. These decisions are based on their UNDERSTANDING of Statutes
passed by congress, laws that are enforced. These are CONTEMPORARY INTERPRETATIONS
and Constructions.
These contemporary constructions statutes happen, when there are no actual controversies
questioning the validity of statutes in the supreme court, therefore, no stare decisis have yet
been made. If there are judicial interpretations and constructions, then the judicial constructions
are governing and are the ones followed by the executive departments once promulgated
by the supreme court.
Congress, not being the constitutionally power to interpret and construe the laws they make, may
also do contemporary construction in following statutes that they themselves are bound to follow.