Subject: Statutory Construction

Coverage: Part 1(x); Part 2 and 3 of the course outline

Materials:
- Statutory Construction by Ruben E. Agpalo or any statutory construction book
- Cases listed in the course outline

Class Objectives:

At the end of this course, students will be able to:

Understand executive construction, its rules, and when to use the same as tool in
statutory construction.
Learn the different constructions of specific types of legislation.

Instructional Activities:
o Read materials on contemporary construction (Chapter 3.33, pp. 109 to 123 if
reading Statutory Construction by Ruben Agpalo,)
o Read materials on strict and liberal constructions on specific types of
legislation such as the constitution, labor laws, tax laws, penal laws, election
laws, insurance, naturalization laws, expropriation laws, wills, and the rules of
court (Chapter VII, pp. 285 to 328 if reading Statutory Construction by Ruben
Agpalo)
o Read the cases listed in Part 2 and 3 of the course outline as well as the case of
People vs. Jabinal (G.R. No. L-30061, February 27, 1974) and the case of
Resident Marine Mammals vs. Secretary (G.R. No. 180771 and 181527)

Evaluations:

Please ANSWER the following questions and SEND your answers as a Microsoft Word
attachment to statutoryconstructionclass@gmail.com ON or BEFORE MARCH 28,
2020 at 23:59 HOURS. Kindly indicate your name and section in the subject of your email.
(IMPORTANT: 30 points will be deducted for late submissions).

I. What does the latin maxim “Legis interpretato legis vim obtinet” means?

II. A. What is contemporary construction?

B. What are the types of executive interpretation/construction?
C. What is the general rule on executive construction? Give the reason for
such rule.
D. Cite instances when executive constructions are not given weight?
E. What is the general rule on erroneous contemporaneous construction? What
is its exception?
 F. What is legislative approval with respect to contemporaneous construction
and what are ways it manifest?
G. Between an administrative rule and an administrative opinion, which is
given weight?

III. A. What does “strict construction” mean?

B. What does “liberal construction” mean? When does this apply?
C. What is the rule of construction on the following types of legislations? Give
the
reasons and if there are any the exceptions to the rule.

1. Constitution
2. Labor Laws
3. Retirement Laws
4.Tax Laws in relation to (a) tax burdens, (b) tax exemptions, (c) tax
refunds
5. Penal Laws
6. Election Laws
7. Insurance
8. Naturalization Laws
9. Expropriation Laws
10. Wills
11. Rules of Court (What is the exception to this rule?)

F. Make a synopsis or case digest of all the cases listed in Part II and III of the
course outline as well as the case of People vs. Jabinal (G.R. No. L-30061, February 27,
1974) and the case of Resident Marine Mammals vs. Secretary (G.R. No. 180771 and
181527). Focus only on the statutory construction principles using the following format:
a. Facts, b. Issues, and c. Ruling.