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Statutory Construction

Atty. Charlotte F. Gallego


February 12, 2018

I. Explain the following concepts, legal maxims and rule on


statutory construction (5 pts. each):
A. PLAIN MEANING RULE
.B. Dura lex sed lex
c. STATUTE MUST BE CAPABLE OF INTERPRETATION, OTHERWISE
INOPERATIVE.
d. WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW.
e. LITERAL IMPORT MUST YIELD TO INTENT.
f. Where the law does not distinguish, courts should not
distinguish.
II. Give the rule regarding the rules of disjunctive and conjunctive
words in statutory construction. (10 points)
III. Discuss what is meant by negative-positive doctrine or
argumentum a contrario. (10 pts.)
IV. What are the requisites that must concur before we can apply
the rule of ejusdem generis? (10 pts.)
V. What is the limitations of the rule expressio unius est exclusio
alterius? (10 pts.)
VI. What is the Doctrine of last antecedent? (10 pts.

Statutory Construction
Atty. Charlotte F. Gallego
February 12, 2018

VII. Explain the following concepts, legal maxims and rule on


statutory construction (5 pts. each):
B. PLAIN MEANING RULE
.B. Dura lex sed lex
c. STATUTE MUST BE CAPABLE OF INTERPRETATION, OTHERWISE
INOPERATIVE.
d. WHAT IS WITHIN THE SPIRIT IS WITHIN THE LAW.
e. LITERAL IMPORT MUST YIELD TO INTENT.
f. Where the law does not distinguish, courts should not
distinguish.
VIII. Give the rule regarding the rules of disjunctive and conjunctive
words in statutory construction. (10 points)
IX. Discuss what is meant by negative-positive doctrine or
argumentum a contrario. (10 pts.)
X. What are the requisites that must concur before we can apply
the rule of ejusdem generis? (10 pts.)
XI. What is the limitations of the rule expressio unius est exclusio
alterius? (10 pts.)
XII. What is the Doctrine of last antecedent? (10 pts.

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