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Staturory Construction
Staturory Construction
PRESUMPTION IN AID
OF CONSTRUCTION
AND
INTERPRETATIONS OF
PRESUMPTIONS
9th Week - Reporting and Discussion
PRESENTED BY
3
Strict and Liberal Construction and Interpretation
of Statutes
4
Floresca v. Philes Mining, G.R No. L-30642,
April 30, 1985
5
Republic Vs. CA and Molina, G.R. No. 108763,
Feb. 13, 1997
STATURORY CONSTRUCTION
INTRINSIC AIDS IN
CONSTRUCTION
AND
INTERPRETATION
REPORTER;
‘AID’
• - is a device that helps or assists.
INTRINSIC AID
• - those aids within the statute.
*INTRINSIC AIDS
are resorted to only if there is ambiguity.
•PUNCTUATION MARK
- It is the rule of legal hermeneutics that punctuation marks are aids of low
degree and can never control against the intelligible meaning of the written
words.
- It gives the statute a meaning which is reasonable and in accord with the
will of the legislative
• SEMI COLON ( ;)
indicates a separation in the relation of the thought, a degree greater than
that expressed by a comma. Semi Colon makes the division a little more
pronounced
• COMMA (,)
also separates the parts and sentences, but less pronounced than the comma.
• PERIOD (.)
used to indicate the end of a sentence
EXTRINSIC AIDS IN
CONSTRUCTION
AND
INTERPRETATION
REPORTER:
EXTRINSIC AIDS
• -existing aids from outside source
EXTRINSIC AIDS
are resorted to after exhausting all the available
intrinsic aids and still there remain some ambiguity
in the statute.
EXTRINSIC AIDS RESORTED TO BY THE COURT
ARE;
• History of the enactment of the statute
• Opinions and rulings of officials of the government called
upon to execute or implement administrative law
• Contemporaneous construction by executive officer
• Actual proceedings of the legislative body
• Individual statements by members of congress
• And the Author of the law.
OTHER SOURCES OF EXTRINSIC AIDS CAN BE;
• The reports and recommendations of legislative
committees
• Public policy
• Judicial construction
• Construction by the bar
EXTRINSIC AIDS, WHERE FOUND.
• Extraneous facts and circumstances outside the printed
page of the statute
EXTRINSIC AIDS, ENUMERATED.
• History or realities existing at the time of the passage of
the law
• Legislative proceedings
• Changes in phraseology
• Prior laws and judicial decisions
• Contemporaneous and construction
• Consequences of alternative interpretations
• Objects
• Purpose
• Expediency
• Occasion and necessity
• Remedy provided
• Conditions of the country to be affected
• And other extrinsic matters
EXTRINSIC AIDS TO CONSTITUTIONAL
CONSTRUCTION
After the election of February 7, 1986 where Marcos and Tolentino were
declared the winners, Aquino and Laurel were installed into the position
last February 25, 1986 after the infamous People Power Revolution. The
next regular election for the President and Vice-President was held last
May 2, 1992.
Illustrative Case:
In re Bermudez, 145 SCRA 116, 162 (1986)
STRICT AND
LIBERAL
CONSTRUCTION
AND
INTERPRETATION
OF STATUTES
REPORTER:
In this case, the petitioners are the heirs of individuals who were employed by Philex Mining Corporation
(Philex). These employees, while participating in Pilex’s underground copper mining operations at Tuba, Benguet,
lost their lives on June 28, 1967. The incident occurred due to a cave-in within the mine's tunnels that was allegedly
due to Philex’s failure to implement the necessary safety precautions to safeguard the lives of its employees
working in subterranean conditions. The petitioners filed a complaint asserting that Philex failed to provide its
men working underground the necessary security for the protection of their lives.On 14 May 1968, Philex filed a
motion to dismiss the case. They argued that the causes of action of the petitioners were based on an industrial
accident covered by the provisions of the Workmen’s Compensation Act (WMC). Philex claimed that the former
Court of First Instance has no jurisdiction over the case.From June to December 1968, respondent Judge
dismissed the case on the ground that it falls within the exclusive jurisdiction of WMC.
This petition is a request to review the order of the former Court of First Instance of Manila, Branch XIII, dated 16
December 1968, which dismissed the complaint for damages on the ground of lack of jurisdiction.
ISSUE/S:
• Whether the lower court has jurisdiction over the
cause of action since the complaint is based on the
provisions of the Civil Code on damages; and,
• Whether the petitioners have a right of selection or
choice of action between availing themselves of the
worker’s right under the Workmen’s Compensation
Act and suing in the regular courts under the Civil
Code for higher damages.
RULING:
• The lower court had jurisdiction to try the case.
The court noted that the petitioners are not invoking the provisions of the
Workmen’s Compensation Act. Instead, the complaint filed by the petitioners was a
complaint for damages (actual, exemplary, and moral) pursuant to the provisions of
the Civil Code. Since Philex and the deceased employees entered into a contractual
relationship, the alleged gross and reckless negligence, and the deliberate failure
that amount to bad faith on the part of Philex, already constitutes a breach of
contract for which it may be held liable for damages
• The petitioners’ filing for remedy with the Workmen’s Compensation Act was an
uninformed decision and invalid.
The court held that even though some of the petitioners had already received benefits under the
Workmen's Compensation Act, this should not necessarily prevent them from initiating legal
action in the regular court.By way of review, the Workmen’s Compensation Act compensates for
injuries or death without considering employer negligence. On the other hand, seeking damages
under the Civil Code is about holding an employer responsible for reckless negligence causing
death.Following this, the court determined that the petitioners’ initial choice of pursuing the
benefits under the Workmen’s Compensation Act was made due to ignorance or mistake of fact.
Had the petitioners known about Philex's violation of government regulations and negligence, they
would not have pursued compensation from the Workmen's Compensation Commission, which
granted a lower amount. As such, the petitioners’ choice was rendered void since it was not an
informed decision.
The case was remanded to the lower
court for further proceedings. The court
added that, in the event that the
petitioners succeed in their claim in the
lower court, the payments received
under the Workmen's Compensation Act
should be subtracted from any awarded
damages
ILLUSTRATIVE CASE:
Republic vs. CA and Molina GR. No 108763, Feb.13, 1997
FACTS:
This case was commenced on August 16, 1990 with the filing by respondent Roridel O. Molina of a
verified petition for declaration of nullity of her marriage to Reynaldo Molina.
The petition alleged that Roridel and Reynaldo were married on April 14, 1985... that a son, Andre O.
Molina was born... that after a year of marriage, Reynaldo showed signs of "immaturity and
irresponsibility" as a husband and a father since he preferred to spend more time with his peers and
friends... that he depended on his parents for aid and assistance, and was never honest with his wife in
regard to their finances, resulting in frequent quarrels between them... that sometime in February 1986,
Reynaldo was relieved of his job in Manila, and since... then Roridel had been the sole breadwinner of the
family... that in October 1986 the couple had a very intense quarrel, as a result of which their relationship
was estranged; that in March 1987, Roridel resigned from her job in Manila and went to live with her
parents in Baguio City...
ILLUSTRATIVE CASE:
Republic vs. CA and Molina GR. No 108763, Feb.13, 1997
FACTS:
that a few weeks later, Reynaldo left Roridel and their child, and had since then abandoned them... that Reynaldo
had thus shown that he was psychologically incapable of complying with essential marital obligations and was a
highly immature and habitually quarrelsome... individual who thought of himself as a king to be served... that it
would be to the couple's best interest to have their marriage declared null and void in order to free them from
what appeared to be an incompatible marriage from the start.
Reynaldo admitted that he and Roridel could no longer live together as husband and wife
Evidence for herein respondent wife consisted of her own testimony and that of her friends Rosemarie Ventura
and Maria Leonora Padilla as well as of Ruth G. Lalas, a social worker, and of Dr. Teresita Hidalgo-Sison, a
psychiatrist of the Baguio General Hospital and Medical
Center.
Reynaldo did not present any evidence as he appeared only during the pre-trial conference.
ISSUE/S:
Mabeliene
Cielo
Melanie
Macarate
Sharmaine