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Aids to Statutory Construction 5.

Explanatory Notes and Legislative


Debates (a) Whenever a party has, by his own declaration,
A. Parts of a Law a. Explanatory notes a short act, or omission, intentionally and deliberately led
exposition of explanation to another to believe a particular thing true, and
1. Title it sets forth the subject of the law. accompanying a proposed to act upon such belief, he cannot, in any
The title shall be resorted to when there legislation by its author or litigation arising out of such declaration, act or
is a need to restrict or expand the scope proponent. Use to give effect to omission, be permitted to falsify it:
of the law, as the constitution provides the purpose or intent as
that every bill passed by Congress shall disclosed in its explanatory note. (b) The tenant is not permitted to deny the title of
contain only one subject which shall be It may be used as a basis for his landlord at the time of commencement of the
expressed in the Title thereof. giving a statute a meaning that relation of landlord and tenant between them.
2. Preamble it sets forth the facts from is inconsistent with what is Sec. 3. Disputable presumptions. The
which the law originated, the evils sought expressed in the text of the following presumptions are satisfactory if
to be prevented, the problems that are statute. uncontradicted, but may be contradicted and
supposed to be remedied, as well as the overcome by other evidence:
situations that are to be addressed or b. Legislative Debates are tools
regulated by the law. (See People v. of construction that show the (a) That a person is innocent of crime or wrong;
Purisima) intention of the legislators in
3. Context to ascertain legislative intent, enacting a statute, they are (b) That an unlawful act was done with an
the statute itself taken as a whole in resorted in order to resolve unlawful intent;
relation to one another considering the ambiguities, especially when a
whole context of the statute and not from party has a different meaning (c) That a person intends the ordinary
an isolated part of the provision. The from the ordinary and plain consequences of his voluntary act;
meaning dictated by its context prevails. meaning of any terms used in the
Every section, provision of the statute law. Courts may avail to (d) That a person takes ordinary care of his
must be expounded by reference to each themselves the actual concerns;
other in order to arrive at the effect proceedings of the legislative
contemplated by the legislature body to assist in determining the (e) That evidence willfully suppressed would be
construction of a statute of adverse if produced;
B.Grammatical Aids doubtful meaning
6. Legislative History and Prior Laws on (f) That money paid by one to another was due to
1. Punctuation Marks are separators of which Statute is based Courts are the latter;
ideas and they are indicators of intent to permitted to look on prior laws on the
the application of the law. They are same subject to investigate the (g) That a thing delivered by one to another
grammatical tools used to determine the antecedents of the statute involved. This belonged to the latter;
separation of thoughts from each other, is applicable in the interpretation of
and to which thought or clause a codes, revised or compiled statutes for (h) That an obligation delivered up to the debtor
particular phrase applies. the prior law which have been codified, has been paid;
2. Words or phrases revised or compiled will show the
3. Headnotes and Epigraphs these are legislative history that will clarify the (i) That prior rents or installments had been paid
convenient indicators of the index of the intent of the law or shed light on the when a receipt for the later one is produced;
statute. Although weak as an aid to meaning and scope of the codified or
construction and interpretation, the same revised statute (j) That a person found in possession of a thing
may nevertheless be used to clarify 7. Presumptions and Implications taken in the doing of a recent wrongful act is the
ambiguity. As indices of the law, the same taker and the doer of the whole act; otherwise,
may serve to particularize the subject Rule 131: Burden of Proof and Presumptions that things which a person possess, or exercises
and thus resolve the ambiguity that may acts of ownership over, are owned by him;
be found. Sec.1. Burden of Proof. - Burden of proof is the
4. Legislative Intent/Policy The guiding duty of a party to present evidence on the facts in (k) That a person in possession of an order on
light of the interpretation of a law. The issue necessary to establish his claim or defense himself for the payment of the money, or the
policy sets forth the evils sought to be by the amount of evidence required by law. delivery of anything, has paid the money or
avoided, and the acts sought to be Sec. 2. Conclusive presumptions. The delivered the thing accordingly;
regulated and the reason for the following are instances of conclusive
enactment of the law. presumptions:
(l) That a person acting in a public office was (1) A person on board a vessel lost during a sea their actual joint contribution of money, property
regularly appointed or elected to it; voyage, or an aircraft with is missing, who has not or industry, such contributions and their
been heard of for four years since the loss of the corresponding shares including joint deposits of
(m) That official duty has been regularly vessel or aircraft; money and evidences of credit are equal.
performed;
(2) A member of the armed forces who has taken (dd) That if the marriage is terminated and the
(n) That a court, or judge acting as such, whether part in armed hostilities, and has been missing for mother contracted another marriage within three
in the Philippines or elsewhere, was acting in the four years; hundred days after such termination of the former
lawful exercise of jurisdiction; marriage, these rules shall govern in the absence
(3) A person who has been in danger of death of proof to the contrary:
(o) That all the matters within an issue raised in a under other circumstances and whose existence
case were laid before the court and passed upon has not been known for four years; (1) A child born before one hundred eighty days
by it; and in like manner that all matters within an after the solemnization of the subsequent
issue raised in a dispute submitted for arbitration (4) If a married person has been absent for four marriage is considered to have been conceived
were laid before the arbitrators and passed upon consecutive years, the spouse present may during such marriage, even though it be born
by them; contract a subsequent marriage if he or she has within the three hundred days after the
well-founded belief that the absent spouse is termination of the former marriage.
(p) That private transactions have been fair and already death. In case of disappearance, where
regular; there is a danger of death the circumstances (2) A child born after one hundred eighty days
hereinabove provided, an absence of only two following the celebration of the subsequent
(q) That the ordinary course of business has been years shall be sufficient for the purpose of marriage is considered to have been conceived
followed; contracting a subsequent marriage. However, in during such marriage, even though it be born
any case, before marrying again, the spouse within the three hundred days after the
(r) That there was a sufficient consideration for a present must institute a summary proceedings as termination of the former marriage.
contract; provided in the Family Code and in the rules for
declaration of presumptive death of the absentee, (ee) That a thing once proved to exist continues
(s) That a negotiable instrument was given or without prejudice to the effect of reappearance of as long as is usual with things of the nature;
indorsed for a sufficient consideration; the absent spouse.
(ff) That the law has been obeyed;
(t) That an endorsement of negotiable instrument (x) That acquiescence resulted from a belief that
was made before the instrument was overdue and the thing acquiesced in was conformable to the (gg) That a printed or published book, purporting
at the place where the instrument is dated; law or fact; to be printed or published by public authority, was
so printed or published;
(u) That a writing is truly dated; (y) That things have happened according to the
ordinary course of nature and ordinary nature (hh) That a printed or published book, purporting
(v) That a letter duly directed and mailed was habits of life; contain reports of cases adjudged in tribunals of
received in the regular course of the mail; the country where the book is published, contains
(z) That persons acting as copartners have correct reports of such cases;
(w) That after an absence of seven years, it being entered into a contract of copartneship;
unknown whether or not the absentee still lives, (ii) That a trustee or other person whose duty it
he is considered dead for all purposes, except for (aa) That a man and woman deporting was to convey real property to a particular person
those of succession. themselves as husband and wife have entered has actually conveyed it to him when such
The absentee shall not be considered dead for the into a lawful contract of marriage; presumption is necessary to perfect the title of
purpose of opening his succession till after an such person or his successor in interest;
absence of ten years. If he disappeared after the (bb) That property acquired by a man and a
age of seventy-five years, an absence of five woman who are capacitated to marry each other (jj) That except for purposes of succession, when
years shall be sufficient in order that his and who live exclusively with each other as two persons perish in the same calamity, such as
succession may be opened. husband and wife without the benefit of marriage wreck, battle, or conflagration, and it is not shown
or under void marriage, has been obtained by who died first, and there are no particular
The following shall be considered dead for all their joint efforts, work or industry. circumstances from which it can be inferred, the
purposes including the division of the estate survivorship is determined from the probabilities
among the heirs: (cc) That in cases of cohabitation by a man and a resulting from the strength and the age of the
woman who are not capacitated to marry each sexes, according to the following rules:
other and who have acquire properly through
1. If both were under the age of fifteen years, the
older is deemed to have survived;

2. If both were above the age sixty, the younger is


deemed to have survived;

3. If one is under fifteen and the other above


sixty, the former is deemed to have survived;

4. If both be over fifteen and under sixty, and the


sex be different, the male is deemed to have
survived, if the sex be the same, the older;

5. If one be under fifteen or over sixty, and the


other between those ages, the latter is deemed to
have survived.

(kk) That if there is a doubt, as between two or


more persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other, shall
prove the same; in the absence of proof, they
shall be considered to have died at the same
time. (5a)

Section 4. No presumption of legitimacy or


illegitimacy. There is no presumption of
legitimacy of a child born after three hundred
days following the dissolution of the marriage or
the separation of the spouses. Whoever alleges
the legitimacy or illegitimacy of such child must
prove his allegation. (6)