COLLEGE OF LAW LIBRARY
GELES UNIVERSITY FOUNDATION
ANGELES ippine Copynihie 2008
PRS,
JUDGE NOLI C. DIAZ
ISBN 971-23-3822-3
No portion of this book may be copied or
reproduced in books, pamphlets, outlines or notes,
whether printed, mimeographed, typewritten, copied
in differentelectronic devices or in any other form, for
distribution or sale, without the written permission of
the author except brief passages in books, articles,
reviews, legal papers, and judicial or other official
proceedings with proper citation.
Any copy of this book withoutthe correspond.
izig number and the signature of the author on this,
page either proceeds from an illegitimate source or is
in possession of one who has no authority to dispose of
the same,
ALL RIGHTS RESERVED
BY THE AUTHOR
i
No. 2069
REPRINTED: MAY 2004,
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Printed by
REX PRINTING COMpAy, INC.
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FOREWORD
The book on Statutory Construction authored by Judge Noli C.
Diaz, one of the distinguished professors at the College of Law of the
Pamantasan ng Lungsod ng Maynila (University of the City of Manila
where 1 am the Dean, is an excellent guide on the construction and
interpretation of statutes and contracts burdened with obscurity.
insufficiency and conflicting provisions. It will be useful not only for
the law students, legal researchers, lawyers and judges but also for lay
‘men who are deeply concerned with the efficient and effective admin:
istration of justice.
‘The book of Judge Noli C. Diaz is comprehensive and fully in-
mative. It is written in an appropriate simple style, hence, easily
understood.
‘The comments made are clarified and bolstered by cases decided
by the Supreme Court and the Court of Appeals presented in digest
forms for easy and ready reference. The book is updated on the latest
jurisprudence on Statutory Construction.
Finding the book of Judge Noli C. Diaz an effective and excel
lent work, I personally endorse its use to all law students, legal prac
tioners and judges who find the need to interpret and construe laws,
ordinances, rules and regulations as well as contracts and agreements
— while in the performance or pursuit of their legal endeavors.
April 28, 2000.
DEAN ERNESTO L. PINEDA.STATUTORY
CONSTRUCTION
JUDGE NOLI C. DIAZ
Presiding Judge, Regional Trial Court
Branch 39, Manila;
Former Presiding Judge, Metropolitan Trial Court
Branch 80, Muntinlupa City:
Former Third Assistant City Fiscal of Manila;
Professorial Lecturer, College of Law;
Pamantasan ng Lungsod ng Maynila, and
University of Santo Tomas, Faculty of Civil Law;
Member, Philippine Association of Law Professors
Author: The Law on Sales as Expounded by Jurispruder
and Transportation Laws Notes and Casesnas =
a =
PREFACE
This book is a product of extensive research and long years of
teaching experience particularly on the subject of statutory construc:
tion, Primarily designed for his classroom students, the cases are pre
sented in extended phase and the specific statutes in controversy are
often quoted verbatim to give emphasis for the students to learn the art
‘°F construction and interpretation, This is precisely the essence of study
‘ng statutory construction,
‘The book also aims to develop in the student a confident percep.
tion and a keener insight into the motives of the legislature as it e
the laws governing our country end people.
Statutory construction is one subject hardly loved or appreciated
by law students. Perhaps because it is a minor subject included in the
Jaw curriculum. The interest, therefore, of the law students on the sub
ect will depend largely on the approach of the classroom professor. Bul
if one will look deeply into the subject, statutory construction is one of
the most interesting topics in the field of law. The first book a new prac
titioner may seek to support the theory of his case could probably be
the book on statutory construction,
Chief Justice Roberto Concepcion once said in our class: Law is
like a sharp knife that can save the life of a dying man in the hands of
4 surgeon but can deprive a strong man his life in the hands of an
assassin, In the same manner, the appropriate use of the rules on statu-
tory construction can win a case for a lawyer while the improper use
of it can ruin the cause of his client,
‘The author has a multitude to thank in the preparation of this book
and is deeply and ever grateful to the Lord and Saviour Jesus Christ
for providing him intelligence in finishing this handiwork; to his present
Dean in the College of Law, Pamantasan ng Lungsod ng Maynil
Intramuros, Manila, Dean Emesto L.. Pineda, for his invaluable support