Cordillera Career Development College

COLLEGE OF LAW
Buyagan, La Trinidad, Benguet

STATUTORY CONSTRUCTION SYLLABUS

First Semester, SY 2018 August -December
Ruth B. Bawayan, Instructor
ruthbawayan.ccdc@gmail.com

Objectives:
By the end of the course, the students shall be able to:
1. Understand the basic concepts in statutory construction;
2. Use concepts in statutory construction in analysis of legal cases and the law;
3. Apply statutory construction concepts.

During the course, students shall be required:

·                     to write a case digest to be submitted by the end of the semester;
·                     to make an oral presentation of the assigned topic;
to pass midterms and final examinations and scheduled quizzes.

Class Schedule : 1:00-3:00 in the afternoon, Saturdays

Grading Procedures
The student’s final grade will be computed as follows:
A. Long Exam (Midterms and Finals) – 50%
B. Quizzes-25%
C. Paper Requirement – 15 %
D. Attendance – 5%

Textbook:

Statutory Construction by Rolando Suarez

2007 reprinted April 2010
Rex Book Store Inc.

Statutory Construction by Ruben Agpalo

2003 reprinted 2010
Rex Bookstore Inc.

Week 1 August 18, 2018 Introduction and expectation setting

Week 2 August 25, 2018 What in the world is Statutory Construction?

Statutory construction, its concept, purpose and effect

Purpose of interpretation and construction
Ambiguity defined

Cases: Municipality of San Juan vs. CA GR no. 125183, September 29, 1997
Manila Prince Hotel vs. GSIS, Manila Hotel Corporation, et al. GR No. 122156, Feb. 3, 1997

Aids in Interpretation and Construction

Intrinsic Aids and Extrinsic Aids

Cases: U.S. vs. Hart, 26 Phil 149

Joker Arroya, et al vs. Jose de Venecia, et al, GR No. 127255, June 26, 1998
 Wenphil Construction vs. NLRC, et al GR No. 8058, February 8, 1989

Week 3 September 1, 2018 What is law, its concept and classification?

Law, its sources and classification

Kinds of Statutes
Parts of Statutes
Other Laws
How is the validity and constitutionality of statutes made?

Requirements for validity and constitutionality

Effect of unconstitutionality
Effects of partial unconstitutionality

Week 4 September 8, 2018 What are some rules of construction of specific statutes?
Penal Statutes
Remedial Statutes
Substantive Statutes
Labor Statutes
Tax Statutes
Mandatory Statutes
Directory Statutes
Permanent Statute
Permanent Statute
Temporary Statute
General Statute
Special Statute
Local Statutes
Other Statutes
Prospective vs. Retroactive
Amendatory vs. repealing act

Week 5 September 15, 2018 QUIZ 1 MIDTERM

Week 6 September 22, 2018 What are some latin maxims in statutory construction?
Importance of latin maxims
On prospective laws
On when law is clear
On the spirit of the law
On that what is not included in those enumerated are deemed excluded
On special provisions prevail
On the law may be hard, it is the law
On that without intent, there can be no crime
On ignorance of the law
On when the law does not distinguish, we should not distinguish
Mens legislatores
Reddendo singuula singulis
Cassus omissus pro omisso habbendus est
Noscitur a sociis
Ejusdem generis

Week 7 September 29, 2018 INTEGRATION PERIOD

Week 8 October 6, 2018 QUIZ 2 MIDTERMS

Week 9 October 13, 2018 INTEGRATION PERIOD

Week 10 October 20, 2018 MIDTERM EXAM

Week 11 October 27, 2018 How are words and phrases used In a statute?
General meaning of statute
Technical meaning of statute
Words used has no meaning harmony with the legislative intent
Phrase repeatedly used in a statute
Use of particular words and phrases

Week 12 November 3, 2018 QUIZ 1 FINALS

Week 13 November 10, 2018 Again, how are words and phrases used in a statute?
Court’s power to construe
What the court can and cannot do
When statute is not capable of interpretation or construction
Can supreme court abandon or overrule earlier decision
If Supreme Court decision is not correct

Week 14 November 17, 2018 How are contracts construed?

Terms and conditions of contract
When is interpretation necessary
In case of conflict
Judging the intention of the parties
Rules governing the use of several terms
Effects of stipulations that admit of several meanings
Words which may have different significations
Effect of usage or custom of the place
Effect of obscure words or stipulation in a contract

Week 15 November 24, 2018 So, how were concepts in statutory construction applied in
Supreme Court decisions?
Review by cases
Bolos vs. bolos GR No. 186400 October 20,2010
People vs. Roneto Degamo, GR No. 121211, April 30, 2003
Arturo M. De Castro vs. JBC and Pres. Arroyo,GR No. 191002, April 20, 2010

Week 16 December 1, 2018 QUIZ 2 FINALS

Week 17 December 8, 2018 INTEGRATION PERIOD

Week 18 December 15, 2018 FINAL EXAMS

Deadline for Requirement of Case Digest : December 15, 2018

- (Handwritten by students, one inch margins, indention observed with single space within paragraphs)