POWER TO CONSTRUE Hoc quidem perquam durum est, sed ital ex scripta
Construction is a judicial function est – it is
It is the court that has the final word as to what the exceedingly hard but so the law is written law A decent regard to the legislative will shoud inhibit means. the court It construes laws as it decide cases based on fact from engaging in judicial legislation to change what it and the law thinks involved are unrealistic statutes that do not conform with Laws are interpreted in the context of a peculiar ordinary factual experience or practice (respeto nalang sa ating mga situation of each case mambabatas! Whatever?!? Haha joke only) Circumstances of time, place, event, person and If there is a need to change the law, amend or particularly repeal it, attendant circumstances and actions before, during remedy may be done through a legislative process, and after not by the operative fact have taken their totality so that judicial decree justice can Where the law is clear, appeals to justice and equity be rationally and fairly dispensed. as justification to construe it differently are unavailing – Moot and academic – Philippines is governed by CIVIL LAW or POSITIVE o Purpose has become stale LAW, not common law o No practical relief can be granted Equity is available only in the absence of law and o Relief has no practical effect not its General rule (on mootness) – dismiss the case replacement – (so, pag may law, walang equity o Exception: equity! Pero If capable of repetition, yet evading pag walang law, pwedeng mag-equity, gets?!?... important review to!) Public interest requires its resolution Aequitas nunquam contravenit legis – equity never Rendering decision on the merits would acts in contravention of the law be of practical value Legislative cannot overrule judicial construction APPLIATION OF LAW It cannot preclude the courts from giving the statute Generally different interpretation Mandatory and directory classification of statutes – importance: what effect should be given to the Legislative – enact laws mandate of a Executive- to execute laws statute Mandatory and directory statutes, generally Judicial- interpretation and application Mandatory statute – commands either positively that If the legislature may declare what a law means – it something be done in a particular way, or negatively will that cause confusion…it will be violative of the something be not done; it requires OBEDIENCE, fundamental otherwise principles of the constitution of separation powers. void Legislative construction is called resolution or Directory statute – permissive or discretionary in declaratory nature and Act merely outlines the act to be done in such a way that no Dura lex sed lex injury can result from ignoring it or that its purpose Dura lex sed lex – the law may be harsh but it is still can be the law accomplished in a manner other than that prescribed Absoluta sentential expositore non indigent – when and the substantially the same result obtained; confer language of the law is clear, no explanation of it is direction upon required a person; non-performance of what it prescribes will When the law is clear, it is not susceptible of not interpretation. vitiate the proceedings therein taken It must be applied regardless of who may be affected, When statute is mandatory or directory even if No absolute test to determine whether a statute is it may be harsh or onerous directory or mandatory Final arbiter – legislative intent
Legislative intent does not depend on the form of the
statute; must be given to the entire statute, its object, purpose, legislative history, and to other related statutes Mandatory in form but directory in nature – possible Whether a statute is mandatory or directory depends on whether the thing directed to be done is of the essence of the thing required, or is a mere matter of form, what is a matter of essence can often be determined only by judicial construction o Considered directory – compliance is a matter of convenience; where the directions of a statute are given merely with a view to the proper, orderly and prompt conduct of business; no substantial rights depend on it o Considered mandatory – a provision relating to the essence of the thing to be done, that is, to matters of substance; interpretation shows that the legislature intended a compliance with such provision to be essential to the validity of the act or proceeding, or when some antecedent and prerequisite conditions must exist prior to the exercise of the power, or must be performed before certain other powers can be exercised