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Outline 1 - StatCon PDF
Outline 1 - StatCon PDF
LEGISLATIVE INTENT
When the reason of the law ceases, the law
The object of all interpretation and itself ceases.
construction of statutes is to ascertain the
meaning and intention of the legislature, to the Doctrine of necessary implications. What is
end that the same may be enforced. implied in a statute is as much a part
thereof as that which is expressed.
Legislative intent is determined principally
from the language of the statute.
CASUS OMISSUS
VERBA LEGIS
When a statute makes specific provisions in
If the language of the statute is plain and free regard to several enumerated cases or objects,
from ambiguity, and express a single, definite, but omits to make any provision for a case or
and sensible meaning, that meaning is object which is analogous to those enumerated,
conclusively presumed to be the meaning or which stands upon the same reason, and is
which the legislature intended to convey. therefore within the general scope of the
statute, and it appears that such case or object
STATUTES AS A WHOLE was omitted by inadvertence or because it was
overlooked or unforeseen, it is called a “casus
A cardinal rule in statutory construction is that omissus”. Such omissions or defects cannot be
legislative intent must be ascertained from a supplied by the courts.
consideration of the statute as a whole and not
merely of a particular provision. A word or The rule of “casus omissus pro omisso
phrase might easily convey a meaning which is habendus est” can operate and apply only if
different from the one actually intended. and when the omission has been clearly
established.
A statute should be construed as a whole
because it is not to be presumed that the
legislature has used any useless words, and STARE DECISIS
because it is dangerous practice to base the
construction upon only a part of it, since one It is the doctrine that, when court has once laid
portion may be qualified by other portions. down a principle, and apply it to all future
cases, where facts are substantially the same,
regardless of whether the parties and
SPIRIT AND PURPOSE OF THE LAW properties are the same.
Stare Decisis. Follow past precedents and do General terms or provisions in a statute may be
not disturb what has been settled. Matters restrained and limited by specific terms or
already decided on the merits cannot be provisions with which they are associated.
relitigated again and again.
Special terms in a statute may sometimes be
“Stare decisis et non quieta movere” (follow past expanded to a general signification by the
precedents and do not disturb what has been consideration that the reason of the law is
settled. general.
When the law does not make any exception, EXPRESS MENTION AND IMPLIED
courts may not except something unless EXCLUSION
compelling reasons exist to justify it.
It is a general rule of statutory construction
that the express mention of one person, thing,
GENERAL AND SPECIAL TERMS or consequence is tantamount to an express
exclusion of all others. “Expressio unius est
General terms in a statute are to receive a exclusio alterius”.
general construction, unless retrained by the
context or by plain inferences from the scope Except:
and purpose of the act. When there is manifest of injustice
When there is no reason for exception.
THE USE OF THE TERM “AND” AND THE
WORD “OR”
ASSOCIATED WORDS (NOSCITUR
SOCIIS) “And” means conjunction connecting words or
phrases expressing the idea that the latter is to
Where a particular word is equally susceptible be added or taken along with the first.
of various meanings, its correct construction
may be made specific by considering the “Or” is a disjunctive particle used to express as
company of terms in which it is found or with alternative or to give a choice of one among
which it is associated. two or more things. It is also used to clarify
what has already been said, and in such cases,
means “in other words,” “to wit,” or “that is to
USE OF NEGATIVE WORDS say.”
THE USE OF THE WORD “MAY” AND If months are designated by their name, they
“SHALL” IN THE STATUTE shall be computed by the number of days
which they respectively have.
Use of the word “may” in the statute generally
connotes a permissible thing, and operates to In computing a period, the first day shall be
confer discretion while the word “shall” is excluded, and the last day included (Art. 13,
imperative, operating to impose a duty which New Civil Code).
may be enforced.
A “week” means a period of seven consecutive
The term “shall” may be either as mandatory days without regard to the day of the week on
or directory depending upon a consideration which it begins.
of the entire provision in which it is found, its
object and consequences that would follow
from construing it one way or the other. FUNCTION OF THE PROVISO
PRESUMPTION AGAINST
PRESUMPTION AGAINST INEFFECTIVENESS
UNCONSTITUTIONALITY
In the interpretation of a statute, the Court
Laws are presumed constitutional. To justify should start with the assumption that the
nullification of law, there must be a clear and legislature intended to enact an effective
unequivocal breach of the constitution. statute.
RETIREMENT LAWS
ELECTION RULES
RULES OF COURT