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COMPARATIVE POLITICS (FIRST RECIT) TEO (2APL)

STATUTORY CONSTRUCTION CONCEPTS LEGAL PROVISIONS


(acc. to G.R. No. 202242 Francisco I. Chavez vs. Judicial and Bar Council,
Sen. Francis Joseph G. Escudero And Rep. Niel C. Tupas, Jr.)
ARTICLE II
▪ the law is clear and free from any doubt
SECTION 1. The Philippines is a democratic
or ambiguity, there is no room for
and republican State. Sovereignty resides in the
construction or interpretation.
people and all government authority emanates
▪ there is only room for application.
from them.
▪ plain-meaning rule/verba legis.
▪ expressed in the maxim index animi SECTION 5. The maintenance of peace and
sermo, speech is the index of intention. order, the protection of life, liberty, and property,
and the promotion of the general welfare are
A. VERBA LEGIS NON EST RECEDENDUM essential for the enjoyment by all the people of
▪ “from the words of a statute there should
the blessings of democracy.
be no departure.”
▪ raison d’ être of the rule is two-fold: SECTION 9. The State shall promote a just and
1. assumed that the words in which dynamic social order that will ensure the
constitutional provisions are prosperity and independence of the nation and
couched express the objective free the people from poverty through policies
sought to be attained. that provide adequate social services, promote
2. the Constitution is not primarily a full employment, a rising standard of living, and
lawyer’s document but essentially an improved quality of life for all.
that of the people, in whose
SECTION 11. The State values the dignity of
consciousness it should ever be
every human person and guarantees full
present as an important condition
respect for human rights.
for the rule of law to prevail.
▪ see G.R. No. 186400 for example* SECTION 20. The State recognizes the
indispensable role of the private sector,
UNDER THE MAXIM NOSCITUR A SOCIIS… encourages private enterprise, and provides
▪ correct construction (of a word/phrase) incentives to needed investments.
may be made clear and specific by
considering the company of words in
which it is founded or with which it is ARTICLE III
associated. SECTION 9. Private property shall not be taken
▪ a word/phrase in a statute is always used for public use without just compensation.
in association with other words or
SECTION 10. No law impairing the obligation of
phrases, and its meaning may be
modified or restricted by the latter. contracts shall be passed.

B. RATIO LEGIS EST ANIMA


(acc. to Concurring opinion of Justice Perfecto in Ocampo Vda. De Gomez
vs. Government Insurance Board, 78 Phil. 217 (1947) citing Bocobo, Cult of
Legalism.)
▪ “the reason of the law is its soul.”
▪ reason of a law may cease in a given
situation.
▪ may happen when the purpose of the law
sought to be achieved is accomplished,
by an act independent of the statute
Sources:
itself. http://rsbast.blogspot.com/2019/06/verba-legis-non-est-recedendum.html
▪ words of the Constitution should be http://www.chanrobles.com/scdecisions/jurisprudence2002/feb2002/131392_kap
unan.php
interpreted in accordance with the intent https://politicallawreviewblog.blogspot.com/2014/07/ratio-legis-est-
anima.html?m=1
of its framers.