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
- Purpose: To ascertain and give effect to legislative intent.
- Necessity to Construe:
- Language of statute is ambiguous.
- Reasonable minds disagree on meaning.
- Not Necessary to Construe: When law is clear and categorical.
- Subject Matter: Laws, statutes, constitutional construction, ordinances, decrees.
- 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
- Clear Language: Apply the law directly.
- 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.