Chapter 2: Construction and Interpretation B. Power to Construe 1.citing cases, case as precedent Chapter 3: Aids to Construction C.

Contemporary Construction 2a. implicit and explicit legislation passed; interpreted by executive agency appropriate for law 3. weight according to usage and practice 4. Legislative ratification = mandate (re-enactment) 5. stability in law Chapter 4: Adherence to, or departure from, language of a statute literal interpretation 6. literal meaning 6c. Enrolled bill theory, stated in the law, mandatory 7. literal meaning should be followed 7a. mandatory, shall, same as 6c Departure from literal interpretation 8. law is clear, appeals to justice & equity, cannot construe it differently 8a. Equity never acts in contravention of the law 9a. purpose of the law, aligned and germane 9c. literal import must yield to intent 10. Reason of the law ceases, law itself ceases 11. construction to avoid absurdity 11a. when there is ambiguity, interpretation that will avoid inconvenience and absurdity will be adopted 11e. practical rather than technical interpretation 12. construction to avoid injustice 12a. free from evil or injustice, save that part of statute 13. In case of doubt, intent is to promote right and justice 14. promote public welfare; construction in favor of right and justice; natural & social justice 15. surplusage & superfluity disregarded but not invalidated 15b. save part of a statute and ordinance 16. obscure or missing word or false description may not preclude construction 17. exemption from rigid application of law; nothing shall be contrary to law and right 18. general rule should yield to occasional exceptions whenever there are weighty reasons therefore 19. law does not require the impossible C. Implications 20a. Every statute is understood, by implication, to contain all provisions necessary to effectuate its object and purpose 20b. Every statutory grant of power, right or privilege is deemed to include all incidental power, right or privilege 21. remedy implied from a right 22. illegality of act implied from prohibition 23. what cannot be done directly cannot be done indirectly Chapter 5: Interpretation of words and phrases A. In general 24. general words construed generally 24a. general words should be construed in general sense; sinaklaw lahat ng laws 25. context in which word was used determines meaning. 25c. Words of art should be explained from their usage in art to which they belong. 26. where the law does not distinguish, court should not distinguish

27. courts may distinguish when there are facts and circumstances showing that legislature intended a distinction or qualification B. Associated words 28. A thing is known by its associates 29. of the same kind and species 30a. if it is not included, it should be excluded 30b. what is expressed puts an end to what is implied 31. same as #30, disregard doctrine if product of injustice 32. applied when omission has been clearly established, 1st law is repealed by 2nd law, 2nd law is repealed by 3 rd law, 1st law is restored 33. relate it unless it is contrary to the sense; last antecedent 34. antecedents and consequences read distributively to the effect that each word is to be applied to the subject most appropriate C. Provisos, exceptions and saving clauses 35. express expression; a thing not being expected must be regarded as coming within general rule Chapter 6: Statute considered as a whole in relation to other statutes A. Statute construed as a whole 36. intent ascertained from the statute as a whole 36b. exposition of a statue should be made from all of its part put together 37. liberally construed, saving parts of statute and remain operative, presumed validity of a statute B. Statute construed in relation to Constitution and other statutes 38a. statutes in pari materia: of the same matter 38b. how statutes in pari material construed; 2 laws of same level but talking of same thing 39. 2 of more statutes of same subject enacted at different times & dissimilar circumstances; interpret in that accord Chapter 7: Strict or liberal interpretation A. In general 40. construction taking into consideration general welfare or growth of civilization B. Statutes strictly construed 41. evil intent must combine with an act 42. statutes granting privileges 43. follow law strictly, used for taxation & implied exception 44. statutes authorizing suits from government Chapter 8: Mandatory & directional statutes A. Mandatory Statutes 45. statutes granting benefits require steps to be met before persons can avail of such benefit Chapter 9: Prospective and retroactive statutes A. In general 46a. operative facts, should only cover future laws, determine w/c year law falls under; law looks forward not backward 46b. law provides for the future, judge for the past B. Statutes given prospective effect 47. no crime without penalty, no penalty without law 48. penal laws favorable to accused have retroactive effect Chapter 10: Amendment, revision, codification & repeal

49. later statutes repeal prior ones w/c are repugnant 50. general law does not nullify specific or special law Language of statute when ambiguous B2. Ambiguity can be cleared up by extrinsic evidence (use of journals or any material when there is ambiguity) Presumption against injustice and hardship C. laws adopted to cases w/c frequently occur Title of the act (intrinsic aid) D. body of act should never go beyond title of statute