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RULES OF LEGAL

REASONING
I. I.
RULES OF
RULES INTERPRETATION
OF AND
COLLISION CONSTURCTION

RULES I.RULES
OF OF
JUDGEMENT PROCEDURE
RULES OF COLLISION
Situation:
incompatible laws dealing with the same subject matter but
with conflicting provisions

Judiciary:
1. first attempt to reconcile or harmonize them to ensure that
justice and equity is upheld.
2. uphold one over the other if such reconciliation does not work.

Remedy:
Interpretare et concordare legis legibus est optimus
interpretandi –To interpret and to harmonize laws with
laws is the best method of interpretation.
Provisions vis-à-vis Provisions

RULES Laws vis-à-vis Constitution


OF Laws-vis-à-vis Laws
COLLISION A.General laws vis-à-vis Special
laws
A.Laws vis-à-vis Ordinances
Provisions vis-à-vis Provisions
Rules:
1. Construe as a whole
2. Choose Specific over general

Laws vis-à-vis Constitution


Rule:
The Constitution prevails over statutes
Laws-vis-à-vis Laws
Rules:
1. Choose a specific law rather than general even if their
enactment dates may be different.
2. Statutes must be construed and harmonized with other
statutes to form a uniform system of jurisprudence.
3. New statutes must be construed with already existing laws.
4. Choose statutory provisions over common law.
5. An amended act is to be construed as if the original has been
repealed, and a new and independent act has been adopted.
Laws-vis-à-vis Laws
PRINCIPLES:
 Interpretare et concordare legibus est optimus
interpretandi: The best method of interpretations is that
which makes laws consistent with other laws

 Leges posteriores priores contrarias abrogant: A later law


repeals an earlier law because it is legislative will
General laws vis-à-vis Special laws
PRINCIPLES:
 Generalia specialibus non derogant:
the provisions of a general law must yield to a specific one.

 Generalis clausula non porrigitur ad ea quae antea


specialiter sunt comprehensa:
if both statutes are irreconcilable, the general law must
way to the special provisions as an exception to the
general provisions.
Laws vis-à-vis Ordinances
Test of a valid ordinance:
1. must not contravene the Constitution or any statute
2. must not be unfair or oppressive
3. must not be partial or discriminatory
4. must not prohibit but may regulate trade
5. must be general and consistent with public policy
6. must not be unreasonable
Laws vis-à-vis Ordinances
Rules:
1. Municipal Ordinances are inferior in Status and
Subordinate to the laws of the State
2. The Constitution prevails over administrative order.
3. Statutes prevail over administrative order and
ordinances.
4. Basic laws prevail over rules and regulations
RULES OF COLLISION
EXAMPLE: SECTION 189 OF THE INSURANCE ACT

Aisporna vs Court of Appeals

Issue: Was there a violation of Section 189 of the Insurance


Act and can a person be convicted of having violated the
first paragraph of Sec. 189 of the Insurance Act without
reference to the second paragraph of the same section?

“Applying the definition of an insurance agent in the second


paragraph to the agent mentioned in the first and second
paragraphs would give harmony to the aforesaid three
paragraphs of Section 189.”
RULES OF COLLISION
EXAMPLE: R.A. No. 6735 v Article XVII, Sec.2 of the 1987
Constitution

Defensor-Santiago vs. COMELEC

Issue: Did the law provide for direct initiative to propose


amendments to the Constitution?

“while the law intended to cover initiative to propose


amendments to the Constitution; however, a closer scrutiny
showed that the statutory enactment was not a full
implementation of that right.”
RULES OF COLLISION
EXAMPLE: Article 13 of the Civil Code v Section 31, Chapter
VIII, Book Iof the Administrative Code of 1987

CIR v Primetown

Issue: What law governs the computation of legal periods?

“Section 31, Chapter VIII, Book I of the Administrative Code


of 1987, being the more recent law, governs the
computation of legal periods. Lex posteriori derogate priori”
RULES OF COLLISION
EXAMPLE: Sec 53 of Rule IV

Duque vs. Veloso

Issue: Does Sec 53 of Rule IV pertaining to the general provision of


appreciation of mitigating, aggravating or alternative
circumstance apply to administrative case?

“General Laws are universal in nature unless it is otherwise stated.


As a rule, Special Provision must prevail over General. The offense
made by respondent is a betrayal of public trust and considered
social injustice which cannot be defended with mitigating
circumstance.”
RULES OF COLLISION
EXAMPLE: P.D. 1869 v Ordinance No. 3353, 3375-93

Magtajas v Pryce Properties Corp.

Issue: Whether the Ordinances were valid?

“This decree has the status of a statute that cannot be


amended or nullified by a mere ordinance. The ordinances
are contrary to P.D. 1869 and the public policy announced
therein and are therefore ultra vires and void.”
RULES OF INTERPRETATION AND CONSTURCTION

Scope: laws and contracts

SITUATION: application of law is impossible or


inadequate
REMEDY: interpretation and application
RULES OF INTERPRETATION AND CONSTURCTION
Interpretation
refers to how a law or provision is applied. It relies
on the material of the law itself.

1.Rules:
1. Verba legis : When the language of law is clear,
there is no need for interpretation.
1.2. If the first rule is not enough, construe
the meaning of the law.
RULES OF INTERPRETATION AND CONSTURCTION

Construction
allows the person to utilize other reference
materials or tools in order to ascertain the true
meaning of the law.

Rule:
1. Construction may only be allowed if the
process of interpretation fails or is inadequate.
RULES OF INTERPRETATION AND CONSTURCTION
Interpretation Construction

The process of using tools, aid,


Refers to drawing of the true nature,
references extant from the law in
meaning and intent of the law
order to ascertain its nature, meaning
through examination of provisions
and intent
One has to go outside of the
One does not go outside of the
language of the statute and resort to
context of the statute
extrinsic aids
Limits the person to what the law
Allows the person to utilize other
itself provides through examination
reference materials or tools in order
of its language, words, phrases and
to ascertain the true meaning of law
style
RULES OF INTERPRETATION AND CONSTURCTION
PRINCIPLE:
 Semper in dubiis benigniora praeferenda:
Words are presumed to have been employed by
the lawmaker in ordinary and common use.

 The court is left to resolve ambiguity


RULES OF INTERPRETATION AND CONSTURCTION
EXAMPLE: paragraph 1 of Article 335 of the Civil Code

Daoang vs. Municipal Judge of San Nicolas

ISSUE: Are spouses Antero Agonoy and Amanda Ramos


disqualified to adopt under the Civil Code.
“The words used in paragraph 1 of Article 335 of the Civil
Code, in enumerating the persons who cannot adopt, are
clear and unambiguous. The children thus mentioned have
a clear defined meaning in law and do not include
grandchildren.”
RULES OF JUDGEMENT
 Judicial Power is the power to hear and decide cases pending
between two parties who have the right to sue and be sued
in the courts of law and equity.

 Doctrine of judicial supremacy - The only empowered entity


by the Constitution to interpret and construe laws is the
Judicial Branch. (Supreme court and lower court)
RULES OF JUDGEMENT
Requisites for the exercise of judicial review:
1. an actual and appropriate case and controversy exists;
2. a personal and substantial interest of the party raising
the constitutional question;
3. the exercise of judicial review is pleaded at the earliest
opportunity;
4. the constitutional question raised is the very lis mota of
the case.
RULES OF JUDGEMENT
Rules:
1. All conclusions by the Supreme court en banc or in division must be
reached in consultation before the case is assigned to a member for
the writing of the opinion of the court.

2. A certification must be signed by the Chief Justice and shall be issued


and a copy attached to the record and served upon the parties.

3. Any member who took no part, or dissented, or abstained from a


decision must state the reason.
RULES OF JUDGEMENT
Rules:
4. No decision shall be rendered by any court without expressing clearly
the facts and the law on which it is based nor shall a petition for review
or motion for reconsideration of a decision be denied without stating
the legal basis.

5. No judge or court shall decline to render judgement by reason of


silence, obscurity or insufficiency of laws.

6. The Supreme Court can promulgate decisions that provide for


guidelines on how the courts can formulate or arrive at a decision.
Cardinal requirements of due process in
administrative proceedings:
1. The right to a hearing which includes the right of the
party interested or affected to present his own case
and submit evidence in support thereof.
2. The tribunal must consider the evidence presented.
3. The decision must have some basis to support itself
4.The evidence must be “substantial.” It means such
relevant evidence as a reasonable mind might accept
as adequate to support a conclusion.
Cardinal requirements of due process in
administrative proceedings:
5. The decision must be rendered on the evidence presented at the
hearing, or at least contained in the record and disclosed to the parties
affected.
6. The administrative body or any of its judges, therefore, must act on its
or his own independent consideration of the law and facts of the
controversy, and not simply accept the views of a subordinate in
arriving at a decision.
7. The administrative body should, in all controversial questions, render its
decision in such a manner that the parties to the proceeding can know
the various issues involved, and the reasons for the decisions rendered.
RULES OF JUDGEMENT
EXAMPLE: Section 203 of the Administrative Code, as amended
by Act No. 3899

Regalado vs. Yulo


ISSUE: Whether or not under Section 203 of the Administrative Code,
as amended by Act No. 3899, the justices of the peace and auxiliary
justices of the appointed prior to its approval who reached the age
of 65 years shall cease to hold office upon reaching the age of 65?

“the natural and reasonable meaning of the language used left no


room or any other deduction than that a justice o the peace appointed
prior to the approval of the law and who completed 65 years of age
subsequent to its approval is not affected by the said law.”
RULES OF PROCEDURE
DEFINITION: refers to the process of how a litigant
would protect his right through intervention of
the court or any other administrative body.

INTERPRETATION: either LIBERALLY or STRICTLY


RULES OF PROCEDURE
Rules:
1. Administrative Rules of procedure are generally given a liberal
construction because they are summary in nature.
2. The nature of the action determined the kind of proceedings it
will follow.
3. The rules should be read and interpreted first in their natural
and common acceptation.
4. Rules of procedure should viewed as mere tools designs to
facilitate the attainment of justice.
5. The rules must be relaxed for substantive justice.
RULES OF PROCEDURE
EXAMPLE: Asia United Bank v Goodland Company Inc.

ISSUE: WON liberality be applied?

“we are bound to deny a liberal application of the rules on


substitution of counsel and resolve definitively that
GOODLAND’s notice of appeal merits a denial, for the failure
of Atty. Mondragon to effect a valid substitution of the
counsel on record. Substantial justice would be better served
if the notice of appeal is disallowed. “