Statutory Construction

Final exam Sample

1. In a recent law passed by the Congress, there is a provision which states:
Trucks, buses, SUVs, Cars Motorcycles and other vehicles should be
registered with the Pollution Control and Regulation Agency pursuant to
the agencys mandate of promoting a clean and healthy environment..A
policeman arrested Juan for the latters failure to register his bicycle
claiming that said provision that said provision had a catch all phrase all
vehicles. Juan comes to you for help claiming that a bicycle should be
exempted from the said provision. Using rules on statutory construction,
how will you defend your client?
A: Using rules of statutory construction, it can be ruled that bicycle is not
included in the phrase all vehicles which should be registered with the
Pollution Control and Regulation Agency. Under the rule of ejusdem
generis, general words shall not be construed in their widest extent, but
should only be applicable to persons of Things of the same class/kind as
mentioned. The enumerations provided in the law are examples of vehicle
which emits smoke that contributes to the pollution. Clearly bicycle does
not belong to the group of vehicles that contributes to the pollution hence,
it is not covered by the said provision which intends to promote a clean
environment. Bicycle in its nature actually is therefore exempted and that
my client Mr. Juan could not be held liable, and he does not need to register
his bicycle to the Agency.
2. In a recent law by the Congress, there is a provision which states: All
person sick with leprosy, hepatitis, tuberculosis and other communicable
illness may vote online during national elections, Mr. Magaling a man
suffering from chicken pox, decided to vote at the voting precinct. Upon
learning of his condition, the precinct officer immediately prevented him
from voting. Using above-quoted provision, the precinct officer told him to
simply vote online. Mr. Mabuti, aggrieved by the incident, decided to file a
case for civil damages against the precinct officer.
a. If you are the lawyer of the precinct officer, how will you use
rules on statutory construction to defend the acts of your
client?
b. If you are the lawyer of Mr. Magaling how will you defend the
act of your client of going to the precinct to vote.
A:
a. As the lawyer of the precinct officer, using the rules of statutory
construction ejusdem generis and the catch phrase all communicable
illnesses, that my client acted in good faith of preventing Mr. Magaling
from voting at the voting precinct, and instructed him due to the
provision, to vote online instead. Chicken pox in its nature is a
communicable illness which maybe passed instantly to other voters at
the precinct. Furthermore using another rule which is to look at the
intent of the framers, it is clearly that they wanted to prevent diseases
of communicable nature from spreading during the national elections.
b. As the lawyer of Mr. Magaling, using the rules of statutory construction,
the use of the word May on the said provision makes my client able to
choose to vote online if he wants to. The provision does not impose any
restrictions and that the word May is not mandatory but merely
permissive. My client Mr. Magaling is not prohibited by the said

provision to vote at the voting precinct and he is entitled to the

damages caused to him by the precinct officer.
3. A provision of law states:
All college students of private schools taking up a course related to the
molecular sciences may apply for free tuition under the government
financial assistance program (GFAP) provided by the Department of Science
and Technology.
All college students of public schools regardless of course taken may avail
of the same program provided their family income is below P1,000 a
month.
Berto is a college student of a private school taking up Mass
Communication. He applied for free tuition under the government finanacial
assistance program (GFAP) claiming that since his family has an income of
less than P1000 a month, that the provisio under above-quoted provision
applies to him. The GFAP management does not agree.
Decide the case using a statutory construction rules.
A: Applying verba legis, the law clearly states that a college student of
private school taking up a course related to molecular science may apply
for the GFAP. Berto is MASCOM student and it is not related to molecular
cannot avail this free tuition. Though his family income is less than P1000 a
month if we will interpret the law on its full context which is another rule in
statutory construction, only those college students who are in public shool
regardless of the course may avail the free tuition fee.
However there is also a rule about using the word may the law is in its
permissive state, meaning that the law is not completely prohibiting Berto
from claiming the free tuition from GFAP, it simply state that the students
may avail provided with certain conditions. If we are to use the intent of
the framers of the law we may interpret it that the intent is to help
students whose family are earning less in life and that the framers want to
ensure the education of college students.
4. All laws are considered constitutional, what does this mean? Explain fully.
A: The law is presumed constitutional, to give due respect to the framers
which spent the time to study and provide provisions of the law and it has
undergo a tedious process of passing 3 readings of the senate before it
becomes a law. Guided by the doctrine of Separation of powers it is the
task of the legislative department to enact laws and the Judiciary to
interpret it, if the law is to be presumed unconstitutional the Judiciary
would go over their power to interpret into the power of legislating or
making the law which collapses the system of Check and Balance.
5. A law exempts from attachment, garnishment, or any order or process of
any court, legislative body, government agency or any administrative body
the foreign currency deposit of a foreign investment in the Philippines. The
goal is to promote investment in the country.
Mr. Ratatat, a foreign national, was adjudged guilty of ruthlessly beating up
Linda, his Filipina house helper. Aside from his criminal liability, Mr. Ratatat

was ordered to pay Linda P800,000 by way of actual and moral damages.
Since Mr. Ratatat went into hiding, you, the lawyer of Linda sought to
garnish the formers foreign currency account. The lawyer of Mr. Ratatat
opposed your motion to garnish stating that the law prohibits the
garnishment of a foreign currency deposit of a foreign investor and thus,
exempting Mr. Ratatats bank account from any court order of garnishment.
Using the statutory construction rules, justify your Motion to Garnish Mr.
Ratatats bank account.
A: Using statutory construction rules that the law is against injustice, the
motion to garnish Mr. Ratatats bank account is justified. The law and
justice could never be separated as it is presumed that all laws are
intended to achieve justice, or to give everyone his due. To allow the goal
of the said law to promote investment in the country defeat the purpose of
laws to attain justice could not prosper. The law could not intend to leave
an aggrieved person no remedy or relief for the damages he/she acquired.
Justice should always prevail, and laws are intended to be against injustice.

6. Distinguish between the use of intrinsic and extrinsic aids in statutory

construction.
A: Intrinsic aids are statutory tools to aid the court in interpreting statutes.
Intrinsic aids ae found within the law or the parts of the laws such as its
preamble, title, and body. It may resorted to only when the law is
ambiguous.
On the other hand, extrinsic aids are found outside the law, such as history
of the enactment, object of the law, rulings and opinions of administrative
bodies, contemporaneous construction of those tasked to implement the
laws, and actual proceedings. Extrinsic aids are resorted to when intrinsic
aids has been exhausted, and the law is still ambiguous. They may be used
to ascertain the intent of the legislature.
7. A law was passed exempting the income of professional entertainments
which they received as payment for their performances to the members of
the Armed Forces of the Philippines who are stationed in the battlefield.
The intent of the law was to encourage entertainers to visit the battlefield
and give entertainment relief to our soldiers.
Aristotle Galingdating, an Inspirational speaker, was hired and paid by the
AFP to speak to the tired and depressed soldiers in Mindanao, Mr.
Galingdating did not declare for tax purposes his income fromhis
engagement, Tax evasion charges were filed against him. Mr. Galingdating
claims that as an inspirational speaker, he is covered by the exemption
granted to professional entertainers since he provides a similar
emotional relief to the soldiers. The Bureau of Internal Revenue comes
to you, an expert tax lawyer, to explain to them if Mr. Galingdating is
exempted. Recalling statutory construction rules on presumptions, what
would be your answer to your client?
A: The Bureau of Internat Revenue, my client, may indeed rule tac evasion
against Mr. Galingdating. The presumption in tax exemptions is strictly
against the person/taxpayer claiming exemption, and liberally in favor of
the State. With this presumption Mr. Galingdating has the burden to prove
that he is indeed covered by the exemption granted to professional
entertainers.
8. A special las was passed in 2009 granting jurisdiction to the newly-formed
Vocational Schools Regulatory Agency (VSRA) for teaching personnel
grievances in Vocational Schools. In 2011, a general law was passed
granting appellate jurisdiction to the Department of Education for all
employee-related grievances of all educational institutions, public or
private, in the country. You are the lawyer of a teacher employed by the
Dressmakers Vocational School who wanted to file her grievance against
her employer. You consulted some of you colleagues in your law office. One
set of lawyers advisewd you to file your case with the VSRA claiming that a
special law prevails over a general law. Another set of lawyers advised you
to file your case with DEPED claiming that when statutes are in conflict, the
more recent law should prevail. Decide

A: The grievance should be filed with the VSRA. Using the statutory
construction rules, special laws prevails over a general law regardless of
the date of the passage of the laws. With this rule, since my client is a
teacher employed by the Dressmakers Vocational School, she is under
the jurisdiction of the special law which created the VSRA. Although the
general law was enacted in a later date, the special law still prevails as it
specially/particularly covers Vocational Schools in its jurisdiction.
9. A law was passed in 2014 covering the rights and responsibilities of pet
owners, one of the responsibilities of a pet owner under said law was to
keep the pet in a secured and habitable cage at nighttime, in 2017, a new
law was passed likewise covering the rights and responsibilities of pet
owners. In this more recent law, however, the provision requiring the pets
to be caged at nighttime is curiously absent. Mr. Hayopmahal, a pet owner,
was charged for violating the 2014 law for his failure to cage his pet
alligator during nighttime. Mr. Hayopmahal comes to you, an animal (rights)
lawyer, claiming that it is his opinion that the 2014 law has already been
repealed by the 2017 law. Give your legal opinion to your client.
A: The 2017 law entirely covers the 2014 law except the provision to keep
your pet inside a secure and habitable cage during nighttime. The conflict
is that the new law exempted the said provision and using the statutory
rule presumption on implied repeal that the two law must absolutely
incompatible and that the conflict are irreconcilable, when this happens the
latest law shall prevail and Mr. Hayopmahal is exempted from the 2014 law.
10.Mr. Kamalasan was charged with Malversation. During the course of the
trial, a new law was passed imposing a lesser penalty one degree lower for
the crime of malversation. In its judgement, the Sandiganbayan imposed
upon him the original penalty claiming that all laws are presumed to be
applied prospectively and that at the time the crime was committed, the
old law was applicable. Mr. Kamalasan goes on appeal safely on the ground
that the lesser penalty under the more recent law should be applied. You
are the justice in the Court of Appeals deciding the appealed case. Decide.
A: The General rule is to apply the law prospectively, but in criminal cases
like what Mr. Kamalasan is accused and being tried, the law must always be
favorable to the accused if he is not a habitual criminal. Since the new law
is more favorable to the accused the new law prevails, and that even the
new law was passed during the trial, it is still applicable to Mr. Kamalasan.