STATCON (from 18.
01-24) heard en banc, including those involving the
Atty. Aportadera: So, here you discover because if the
words of the law cannot be ascertained, what
interpretation of a written law, you use it as the art or
process of discovering and expounding the intended
signification of the latin use of the law that is the
meaning which the authors decided to convey to us.
Its like for example, land. What does this land really
mean? So, this is what? Interpretation. Try to
discover what is land herein. Okay? So, you now
discover what land actually meant when the author
used the word. Okay? So, we were able to distinguish
construction of a written law and interpretation of a
written law.
Now, there are other terms that we hope we could
also understand and these are legal hermeneutics and
exegesis. So when you see this word, exegesis. Okay?
When you talk of legal hermeneutics, this is actually
the branch of science that establishes the principles
and rules of interpretation of written laws. Okay?
Branch of science which establishes the principles
and rules of interpretation of written laws.
On the other hand, when you talk of exegesis and this
is the application of the said principles and rules of
interpretation.
In short, legal hermeneutics refers to theories while
exegesis pertains to practice. Okay? Because it is the
application, so practice. One speaks of theory and the
other speaks of practice. Okay? So these are certain
terms that you have to always use properly.
Why do you find time to write and discuss certain
matters? Yesterday, I said as far as Statutory
Construction is concerned this is applicable not only
now but even later on. Why? Because almost all laws
have provisions on Statutory Construction.
Under the Constitution, where do we find that? You
find that under Article VIII, Sec. IV paragraph 2 of
the Constitution which provides, All cases involving
the constitutionality of a treaty, international or
executive agreement, or law, which shall be heard by
the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be
constitutionality, application, or operation of
presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations,
which shall be decided with the concurrence of a
majority of the Members who actually took part in
the deliberations on the issues in the case and voted
thereon. That is a rule of Construction.
In the Civil Code, Ah, you have so many of them!
Who among you here are enrolled from the 1st
semester? Because I know some are enrolled in the
2nd semester. Okay, Mahusay were you enrolled in the
1st semester?
Mahusay: Yes sir.
Atty. Aportadera: What is Article VIII of the Civil
Code? I know you were asked to memorize it. Right
now you must know by heart what is Art. VIII. Dont
tell me you were absent.
Mahusay: Judicial system. Ay the jurisprudence shall
form part of the..
Atty. Aportadera: Ah, do not amend the law. There is
no jurisprudence. Okay. Judicial decisions applying
or interpreting the laws or the Constitution shall
form part of the legal system of the Philippines. So
please when I ask you the article, do not amend the
article. You have no right to amend the articles.
Okay? We will wait until you become a member of
the legislative body then you can amend the
provisions of the law. Okay? Thats why when youre
asked to recite make sure you know them word for
word. We have no right to amend the law. Okay?
So here youll notice Art. VIII judicial decisions
applying or interpreting the laws or the Constitution
shall form part of the legal system of the Philippines.
See? And that, there is that maxims that says legis
interpretatio legis vim obtinet (NOTE: SA
RECORDING, ANG GI INGON NI SIR KAY
LEGIS INTERPRETATIO VIM OBSTINET.
Pag check nako sa Google and sa STATCON na
book ni Agpalo, ang naka butang is legis
interpretatio legis vim obtinet)
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