Lecture Notes on Rules of Construction and Legal Statutes
Introduction
- Presented by Attorney Angel
- Focus on rules of specific statutes
Types of Law
- Substantive Law: Defines rights and duties
- Procedural (Remedial) Law: Provides methods to enforce rights (a.k.a. Adjective Law)
Rules of Court
- Part of Procedural Law
- Rule of Construction: Liberally construed to promote just, speedy, and inexpensive resolution of cases
- Supreme Court may excuse technical compliance to promote justice
- Case Example: OCA vs. Garo
- Rules on appeal periods must prevent delays and support justice
- Personal Experience: Attorney Angel example with Judge Medina
- Judge allowed leniency in pre-trial scheduling for justice
Civil Procedure
- Under new rules, courts are strict with time extensions
- One 30-day extension allowed
- Filing Times: Specific deadlines for replies, counterclaims, etc.
Adoption Statutes
- Important for establishing paternity and affiliation
- Rule: Liberally construed in favor of the adoptee
- Case Example: Adoption of Stephanie Estoriga Garcia
- Supreme Court allowed unique surname use for child's best interest
Local Statutes
- Confined to territorial limits within local government units (LGUs)
- Legal Basis: Article 10, Section 2 and Article 2, Section 25 of the 1987 Constitution
- Section 5 of RA 7160: Local Government Code
- Powers of LGUs liberally interpreted
- Tax exemptions construed against claimants
- Case Example: San Juan vs. Civil Service Commission
- Budget officers must be recommended by local executives
Constitutional Construction
- Perspective 1: Constitution vs. other laws
- Presumption of constitutionality for statutes
- Perspective 2: Within the constitutional provisions
- Interpretation principles: Plain Meaning, Spirit of the Law, Constitution as a whole
- Case Example: Civil Liberties Union vs. Executive Secretary
- Provisions must harmonize, interpreted as a whole
Self-Executing Provisions
- Presumed self-executing unless stated otherwise
- Case Examples:
- Oposa vs. Factoran: Implied self-execution of constitutional provisions
- Manila Prince Hotel vs. GSIS: Explicitly self-executing unless contrary intention
Conclusion
- Sources: "Statutory Construction Concepts and Cases" by Bernie June Pilares, "Statutory Construction" by Attorney Hollander Suarez
- Key takeaways: Importance of liberal construction for justice, adherence to procedural rules,
- Reminder: Glorify God with a grateful heart
Note: These notes condense key points from the lecture on specific statutes and constitutional construction, aimed at guiding legal practitioners and students in understanding legal framework and judicial decisions.