POWER TO CONSTRUE Hoc quidem perquam durum est, sed ital ex scripta

Construction is a judicial function est – it is

It is the court that has the final word as to what the exceedingly hard but so the law is written
law A decent regard to the legislative will shoud inhibit
means. the court
It construes laws as it decide cases based on fact from engaging in judicial legislation to change what it
and the law thinks
involved are unrealistic statutes that do not conform with
Laws are interpreted in the context of a peculiar ordinary
factual experience or practice (respeto nalang sa ating mga
situation of each case mambabatas! Whatever?!? Haha joke only)
Circumstances of time, place, event, person and If there is a need to change the law, amend or
particularly repeal it,
attendant circumstances and actions before, during remedy may be done through a legislative process,
and after not by
the operative fact have taken their totality so that judicial decree
justice can Where the law is clear, appeals to justice and equity
be rationally and fairly dispensed. as
justification to construe it differently are unavailing –
Moot and academic – Philippines is governed by CIVIL LAW or POSITIVE
o Purpose has become stale LAW, not common law
o No practical relief can be granted Equity is available only in the absence of law and
o Relief has no practical effect not its
General rule (on mootness) – dismiss the case replacement – (so, pag may law, walang equity
o Exception: equity! Pero
If capable of repetition, yet evading pag walang law, pwedeng mag-equity, gets?!?...
important
review to!)
Public interest requires its resolution Aequitas nunquam contravenit legis – equity never
Rendering decision on the merits would acts in
contravention of the law
be of practical value
Legislative cannot overrule judicial construction
APPLIATION OF LAW
It cannot preclude the courts from giving the statute
Generally
different
interpretation Mandatory and directory classification of statutes –
importance: what effect should be given to the
Legislative – enact laws
mandate of a
Executive- to execute laws
statute
Mandatory and directory statutes, generally
Judicial- interpretation and application
Mandatory statute – commands either positively that
If the legislature may declare what a law means – it something be done in a particular way, or negatively
will that
cause confusion…it will be violative of the something be not done; it requires OBEDIENCE,
fundamental otherwise
principles of the constitution of separation powers. void
Legislative construction is called resolution or Directory statute – permissive or discretionary in
declaratory nature and
Act merely outlines the act to be done in such a way that
no
Dura lex sed lex injury can result from ignoring it or that its purpose
Dura lex sed lex – the law may be harsh but it is still can be
the law accomplished in a manner other than that prescribed
Absoluta sentential expositore non indigent – when and
the substantially the same result obtained; confer
language of the law is clear, no explanation of it is direction upon
required a person; non-performance of what it prescribes will
When the law is clear, it is not susceptible of not
interpretation. vitiate the proceedings therein taken
It must be applied regardless of who may be affected, When statute is mandatory or directory
even if No absolute test to determine whether a statute is
it may be harsh or onerous directory or
mandatory
Final arbiter – legislative intent

Legislative intent does not depend on the form of the

statute;
must be given to the entire statute, its object,
purpose,
legislative history, and to other related statutes
Mandatory in form but directory in nature – possible
Whether a statute is mandatory or directory depends
on
whether the thing directed to be done is of the
essence of the
thing required, or is a mere matter of form, what is a
matter
of essence can often be determined only by judicial
construction
o Considered directory – compliance is a matter of
convenience; where the directions of a statute are
given merely with a view to the proper, orderly
and prompt conduct of business; no substantial
rights depend on it
o Considered mandatory – a provision relating to the
essence of the thing to be done, that is, to matters
of substance; interpretation shows that the
legislature intended a compliance with such
provision to be essential to the validity of the act or
proceeding, or when some antecedent and
prerequisite conditions must exist prior to the
exercise of the power, or must be performed before
certain other powers can be exercised