CHAPTER V

PRESUMPTIONS IN AID OF PRESUMPTION AGAINST INJUSTICE

CONSTRUCTION AND
INTERPRETATION
The law should never be
interpreted in such a way as to cause
injustice as this never within the
legislative intent.
PRESUMPTIONS We interpret and apply the law in
consonance with justice. Law and justice
In construing a doubtful or are inseparable.
ambiguous statute, the Courts will
Judges do not and must not
presume that it was the intention of the
unfeelingly apply the law as it is worded,
legislature to enact a valid, sensible and
yielding like robots to the literal command
just law, and one which should change the
without regard to its cause and
prior law no further than may be
consequence.
necessary to effectuate the specific
purpose of the act in question.

Cardinal Rule, in seeking the meaning of

the law:

The first concern of the judge

PRESUMPTION AGAINST
should be to discover in its provisions the
UNCONSTITUTIONALITY
intent of the lawmaker.

Laws are presumed constitutional.

To justify nullification of law, there must  Art. 10, NCC
be a clear and unequivocal breach of the
constitution. In case of doubt in the
interpretation or application of laws, it is
The theory is that, as the joint act presumed that the lawmaking body
of the legislative and executive intended right and justice to prevail.
authorities, a law is supposed to have
been carefully studied and determined to
be constitutional before it was finally PRESUMPTION AGAINST
enacted. IMPLIED REPEALS
All laws are presumed valid and
constitutional until or unless otherwise The two laws must be absolutely
ruled by the Court. incompatible, and clear finding thereof
must surface, before the inference of
implied repeal may be drawn.

In the absence of an express

repeal, a subsequent law cannot be
construed as repealing a prior law unless
an irreconcilable inconsistency and
repugnancy exists in terms of the new and
old laws.

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 Maxim: interpretare et concordare PRESUMPTION AGAINST VIOLATION
leqibus est optimus interpretendi OF INTERNATIONAL LAW

"Every statute must be so

interpreted and brought into accord with
Philippines as democratic and
other laws as to form a uniform system of
republican state adopts the generally
jurisprudence."
accepted principles of international law as
part of the law of the land and adheres to
the policy of peace, equality, justice,
It is a well-settled rule of statutory freedom, cooperation, and amity with all
construction that repeals of statues by nations. (Art. II, Sec. 2, Phil.
implication are not favored. For the Constitution).
legislature is presumed to know the
existing laws on the subject and not to
have enacted inconsistent or conflicting
statues.

PRESUMPTION AGAINST
INEFFECTIVENESS

In the interpretation of a statute,

the Court should start with the
assumption that the legislature intended
to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible

construction such as will give effect to the
legislative intention so as to avoid an
unjust and absurd conclusion.

Presumption against undesirable

consequences were never intended by a
legislative measure.