9=STATCON(DIAZ) REVIEWER by MV PIMENTEL

LICEO DE CAGAYAN UNIVERSITY

JURIS DOCTOR
TOPIC QUESTION ANSWER
CHAPTER 1 What is Statutory Construction? Best Answer:

In our jurisdiction, statutory construction has been defined as the art or

Distinguishing Construction and Interpretation
process of discovering and expounding the meaning and intention of the
authors of the law (legislative) with respect to its application to a given case,
where that intention is rendered as doubtful, among others, by reason of the
fact that the given case is not explicitly provided for in the law.
Best Answer:
According to Dr. Leiber, Interpretation differs from construction in that the
former is the art of finding out the true sense of any form of words, that is,
the sense which their author intended to convey, Construction on the other
hand, is the drawing of conclusions, respecting subjects that lie beyond the
direct expressions of the text; conclusion which are in the spirit, though not
within the letter of the text.

Other Answers:

Interpretation is limited to exploring the written text, while construction goes

beyond and may call in the aid of extrinsic considerations
Situs of Construction and Interpretation Best Answer:

The situs of construction and interpretation of written law belong to the

judicial department. Thus, under the principle of checks and balances, courts
may declare legislative measures or executive acts as constitutional.
Requisites of Construction and Interpretation Best Answer:

The two (2) requisites must concur: (1) There must be an actual case or
controversy, meaning a case brought to the court by party litigants to hear
and settle their disputes. (2) There is ambiguity in the law involved in the
controversy. Meaning the law involved is susceptible of two or more
interpretations.

There is ambiguity when there is doubtfulness, doubleness of meaning,

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FACTS
Private complainant Tangcoy and petitioner
Corpuz met at a casino sometime in 1990, the
petitioner then as per knowledge of the
complainant’s pieces of jewelry, offered the
latter to sell the items under the premise that
Corpuz would return the proceeds or if
unsold, would return the items within 60
days. However, the petitioner never returned
the said items, the complainant filed a case
against Corpuz. The trial court found Corpuz
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duplicity, indistinctiveness or uncertainty of meaning of an expression used in
a written instrument.
Only when the law is ambiguous or of doubtful meaning may the court
interpret or construe its true intent.
Ambiguity is a condition of admitting two or more meanings, of being
understood in more than one way, or of referring to two or more things at
the same time.
Verba Legis or plain meaning rule Best Answer:
When the law is clear and unequivocal, the court has no other alternative but
to apply the law and not to interpret.
It is a rule in statutory construction that if the statute is clear, plain and free
from ambiguity, it must be given its literal meaning and applied without
interpretation. (Republic V Lacap)
Dura Lex Sed Lex Best Answer:
The Court cannot shy away from applying the law when no interpretation is
needed no matter how harsh the law may be
CASES
ISSUE DECISION DOCTRINE
LITO CORPUZ VS PEOPLE OF THE PHILIPPINES
W/N the court can modify the penalties The court cannot modify the said range of The primordial Duty of the court is merely to
provided under the law to prevent injustice. penalties because that would constitute apply the law in such a way that it shall not
judicial legislation. The legislative’s failure to usurp legislative powers by judicial
amend the law cannot be remedied through legislation
this Court’s decision as that would be
encroaching upon the power of another
branch of the government. The primordial
Duty of the court is merely to apply the law in
such a way that it shall not usurp legislative
powers by judicial legislation. Otherwise, this
 guilty beyond reasonable doubt of the crime would lead to an inexcusable breach of the
of Estafa. The CA denied the petitioner’s doctrine of separate powers. Petition DENIED.
appeal and affirmed the decision of the RTC
with modifications made. The case was then
elevated to the SC. The court deliberated but
reached no unanimity. Thus, the court en
banc with the help of several amici curiae
discussed on the issue at hand. They raised
that the penalties provided for by the law
were cruel and unreasonable.
DIRECTOR OF LANDS VS CA
Private respondent filed a petition for the W/N the LRC can validly confirm and register The SC reversed the decision of the CA. The Where the law speaks in clear and
original registration of his title. However, the title in the absence of the publication in a law used the term “Shall” in prescribing the categorical language, there is no room for
during the pendency of his petition, the newspaper of general publication. work to be done. The said word denotes an interpretation; there is only room for
applicant died. Hence, his heirs represented imperative and this indicates the mandatory application
by their aunt appointed as their guardian, character of a statute. While such a word
were substituted as applicants. The LRC in in ultimately depends upon its context in the
its decision dismissed the petition “for want entire provision, we hold that in the present
of jurisdiction”. Records show that applicants case, the term must be understood in its
failed to comply with the provisions of PD normal mandatory meaning. Admittedly,
1529. The CA reversed the decision of the there was a failure to comply with the explicit
RTC ruling that the provisions with regards to publication requirement of the law. This court
the publication in the newspaper of general has no authority to dispense with such
circulation was merely procedural and that mandatory requirements. Where the law
the failure to cause such publication did not speaks in clear and categorical language,
deprive the trial court of its authority to grant there is no room for interpretation; there is
the application. only room for application. PETITION
DISMISSED
DPWH OSEC VS SPOUSES TECSON
In 1940, the DPWH took the respondent’s W/N Just compensation should be based on The court maintains its conclusions in the This court had steadfastly adhered to the
property without benefit of expropriation the value of the property at the time of taking decision with modifications. The court has in doctrine that its first and fundamental duty
proceedings for the construction of the the past been confronted with the same is the application of the law according to its
MacArthur Highway. In a letter, the issues under similar factual and procedural express terms, the interpretation being
respondent demanded the payment of the circumstances. It finds no reason to depart called for only when such literal application
fair market value of the subject parcel of the from the doctrines laid down in the earlier is impossible.
land. DPWH offered to pay for the subject cases as we adopted in the assailed decision.
land based on the appraisal of the PAC In these cases, the court has uniformly ruled

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 Bulacan. Unsatisfied, respondents demanded that the fair market value of the property at
the return of the property or the payment of the time of taking is controlling for purposes
compensation at the current fair market of computing just compensation. This court
value. Hence, the filing of a complaint by the had steadfastly adhered to the doctrine that
respondents demanding the return of their its first and fundamental duty is the
property along with damages incurred. application of the law according to its express
Respondents gained favorable decisions from terms, the interpretation being called for only
both the RTC and the CA. when such literal application is impossible.
Time and again, we held that no process of
interpretation or construction need be
resorted to where a provision of
interpretation or construction need be
resorted to where a provision of law
peremptorily calls for application. Equity and
equitable principles only come into full play
when gaps exists in the law and
jurisprudence. MR DENIED

PEOPLE VS MAPA
Defendant Mapa was charged and convicted W/N the appointment to and holding of the The law explicitly provides exemptions with The first and fundamental duty of the court
of the crime of illegal possession of firearms position of a secret agent to the governor regard to illegal possession of firearms. is to apply the law.
and ammunition by the CFI Manila. His sole would constitute a sufficient defense to a Stating the exemptions on officers stated in
defense is that he is duly an appointed secret prosecution for the crime of illegal possession the provisions provided by the law. The law
agent of the former Governor of Batangas of firearms. cannot be any clearer. No provision is made
and at the time of the alleged commission of for a secret agent. As such he is not exempt.
the offense, he had a confidential mission. Our task is equally clear. The first and
fundamental duty of the court is to apply the
law. “Construction and interpretation come
only after it has been demonstrated that
application is impossible or inadequate
without them.” JUDGEMENT AFFIRMED.
PEOPLE VS AMIGO
Accused-apellant amigo was charged and W/N appellants plead for sympathy is Courts are not the forum to plead sympathy. The duty of courts is to apply, disregarding
conviceted of murder by the RTC and was grounds to modify the decision for a lesser The duty of courts is to apply, disregarding their feeling of sympathy or pity for an
sentenced to the penalty of Reclusion penalty their feeling of sympathy or pity for an accused. DURA LEX SED LEX.
Perpetua. He then appealed for his case, accused. DURA LEX SED LEX. Clemency from
stating that the penalty is deemed to cruel the executive or amendments made by the

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 and harsh and pleads sympathy over his case. legislative, but surely, at this point, this Court
cannot but apply the law. DECISION
AFFIRMED

TOPIC QUESTION ANSWER

Hermeneutics Best Answer:

The science or art of construction and interpretation

Legal Hermeneutics Best Answer:
CHAPTER 1
The phrase Legal Hermeneutics is understood to be a systematic body of rules
which are recognized as applicable to the construction and interpretation of
legal writings

Passage of the Bill Best Answer:

CHAPTER 2

CHAPTER 3

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