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Understanding Statutory Construction Basics

Oct 4, 2024

Lecture on Statutory Construction

Introduction

  • Welcome by Attorney Angel, addressing audience as fellow angels.
  • Announcement about upcoming birthday and plan to give care kits.
  • Encouragement to like, subscribe, share, and follow on social media.

Presentation Overview

  • Focus on fundamentals of statutory construction.
  • Discusses basic concepts and rules.

Key Concepts

  • Statutes: Written enactments of legislative bodies (laws).
  • Construction: Art or process of discovering and expounding the meaning and intention of the authors of the law.
    • Origin: Cited from Caltex vs. Palomar, Supreme Court, and Black's interpretation.
    • Important keywords: art, process, discovering, meaning, intention, doubtful.
  • Interpretation: Finding out the true sense of any form of words; enabling others to derive the intended idea (Francis Lieber).
    • Keywords: art, finding out, true sense, author, intended.

Interpretation vs Construction

  • Often used interchangeably; both aim to ascertain legislative intent.
  • Distinction lies in the use of aids (intrinsic vs extrinsic).

Five Key Questions

  1. Purpose: To ascertain and give effect to legislative intent.
  2. Necessity to Construe:
    • Language of statute is ambiguous.
    • Reasonable minds disagree on meaning.
  3. Not Necessary to Construe: When law is clear and categorical.
  4. Subject Matter: Laws, statutes, constitutional construction, ordinances, decrees.
  5. Power and Duty to Construe: Judiciary, with limitations (actual case, ambiguity required).

Judicial Limitations

  • Must not engage in judicial legislation.
  • Judiciary interprets, does not modify or rewrite laws.

Basic Rules of Statutory Construction

  1. Clear Language: Apply the law directly.
  2. Ambiguous Language:
    • Interpret using intrinsic aids (within language).
    • Construe using extrinsic aids (outside language).

Types of Aids

  • Intrinsic Aids: Found within the law (words, punctuation marks).
  • Extrinsic Aids: Found outside the law (deliberations, transcripts).

Principles

  • Verba Legis: According to the letter of the law.
  • Ratio Legis: Reason of the law, spirit of the law.
  • Statutes and constitutions must be construed as a whole.

Conclusion

  • Encouragement to learn more about statutory construction and appreciate its complexities.
  • Gratitude expressed towards teachers and students for support.
  • Final positive message to be kind, generous, and to glorify God.

Thank you for listening and watching. Attorney Angel wishes happiness for all teachers and expresses gratitude towards students.