stat con cases re. power to construe

F. Cases on the power to construe: (Only when there is clear and manifest ambiguity; or when there is: insufficiency, obscurity or silence/missing, the court should construe in order to enlighten the purpose of the law. To ascertain and give effect to the legislative intent.) Banawa v. Mirano, 97 SCRA 517 (Re. IBA and Carsuche Property donations) Stat Con: It is an elementary rule of construction that when the language of the law is clear and unequivocal, the law must be taken to mean exactly what it says. Guevara v. Inocentes 16 SCRA 379 (Re. Regular/special adjournment) Stat Con: When the intention of the legislative is so apparent from the face of the statute that there can be no question as to its meaning, there is no room for construction. When the law does not distinguish, the courts should not distinguish. Otherwise stated, where the language of a statute is plain and unambiguous and conveys a clear and definite meaning, there is no occasion for resorting to the rules of statutory construction. The court has no right to look or impose another meaning. Resins v. Auditor General, 25 SCRA 754 (Re. Urea and formaldehyde) Stat Con: Enrolled bill is conclusive upon the courts. If there is mistake in the printing of the bills, the remedy is curative or amendment legislation not by judicial decree. It is the fundamental duty of the courts to apply the law as they find it, not as they would like it to be. Fidelity to such task precludes construction or interpretation, unless application is impossible or inadequate without it. Crisolo v. Macadaeg, 94 Phil 862 (Re. Support Pendente lite of unrecognized natural child) Stat Con: Although it is earnestly urged that under said law an unrecognized child would be in worse condition than an illegitimate child who is entitled to support, it is not the duty or the power of the courts to amend the statute or make “judge-made innovations.” Morales v. Subido, 26 SCRA 150 (Re. Qualifications of MPD Chief) Stat Con: Under enrolled bill theory, the text of Act must be deemed as importing absolute verity and as binding on the courts. The court cannot go behind the enrolled act to discover what happened. The signing of an enrolled bill is an official attestation by two houses, delivered to President in obedience to the Constitutional requirements. The respect due to co-equal departments requires to act upon that assurance. Vera v. Avelino, 77 Phil 192 (Re. Senate house deferred the oath-taking of 3 senators) Stat Con: The judiciary is not the repository of remedies for all political or social ills. It is presumed that Congress acted within its constitutional powers. The proceedings of the Constitutional Convention are less conclusive of the proper construction of the Constitution than are legislative proceedings of the proper construction of a statute. Bakings v. Director of Prisons, 28 SCRA 850 (Re. Prisoners asking for good conduct allowances) Stat Con: The familiar precept is that codal provision is not to be interpreted in isolation. It is axiomatic in legal hermeneutics that a code such as the RPC, should be construed as a whole. Courts are duty-bound to harmonize the various provisions thereof. Palanca v. City of Manila, 41 Phil 125 (Re. operating another distillery store being subjected to tax) Stat Con: Statutes which are plain and specific should be applied without attempted construction or interpretation.

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Stat Con Cases Re. Power to Construe.

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F. Cases on the power to construe: (Only when there is clear and manifest ambiguity; or when thereis:insufficiency,obscurityorsilence/missing,the court should construe in order to enlighten the purpose of thelaw.Toascertainandgiveeffecttothelegislative intent.) Banawav.Mirano,97SCRA517(Re.IBAand Carsuche Property donations) StatCon:Itisanelementaryruleofconstructionthat whenthelanguageofthelawisclearandunequivocal, the law must be taken to mean exactly what it says.Guevarav.Inocentes16SCRA379(Re. Regular/special adjournment) StatCon:Whentheintentionofthelegislativeisso apparent from the face of the statute that there can be no questionastoitsmeaning,thereisnoroomfor construction.Whenthelawdoesnotdistinguish,the courtsshouldnotdistinguish.Otherwisestated,where thelanguageofastatuteisplainandunambiguousand conveys a clear and definite meaning, there is no occasion forresortingtotherulesofstatutoryconstruction.The court has no right to look or impose another meaning.Resins v.AuditorGeneral,25SCRA754(Re.Urea and formaldehyde) StatCon:Enrolledbillisconclusiveuponthecourts.If there is mistake in the printing of the bills, the remedy is curativeoramendmentlegislationnotbyjudicialdecree. Itisthefundamentaldutyofthecourtstoapplythelaw astheyfindit,notastheywouldlikeittobe.Fidelityto such task precludes construction or interpretation, unless application is impossible or inadequate without it.Crisolov.Macadaeg,94Phil862(Re.Support Pendente lite of unrecognized natural child) StatCon:Althoughitisearnestlyurgedthatundersaid lawanunrecognizedchildwouldbeinworsecondition thananillegitimatechildwhoisentitledtosupport,itis notthedutyorthepowerofthecourtstoamendthe statute or make judge-made innovations. Moralesv.Subido,26SCRA150(Re. Qualifications of MPD Chief) StatCon:Underenrolledbilltheory,thetextofActmust be deemed as importing absolute verity and as binding on the courts. The court cannot go behind the enrolled act to discover what happened. The signing of an enrolled bill is anofficialattestationbytwohouses,deliveredto PresidentinobediencetotheConstitutional requirements.Therespectduetoco-equaldepartments requires to act upon that assurance. Verav.Avelino,77Phil192(Re.Senatehouse deferred the oath-taking of 3 senators) StatCon:Thejudiciaryisnottherepositoryofremedies forallpoliticalorsocialills.ItispresumedthatCongress acted within its constitutional powers. The proceedings of theConstitutionalConventionarelessconclusiveofthe properconstructionoftheConstitutionthanare legislativeproceedingsoftheproperconstructionofa statute. Bakingsv.DirectorofPrisons,28SCRA850(Re. Prisoners asking for good conduct allowances) StatCon:Thefamiliarpreceptisthatcodalprovisionis nottobeinterpretedinisolation.Itisaxiomaticinlegal hermeneuticsthatacodesuchastheRPC,shouldbe construedasawhole.Courtsareduty-boundto harmonize the various provisions thereof.Palancav.CityofManila,41Phil125(Re. operatinganotherdistillerystorebeingsubjected to tax) StatCon:Statuteswhichareplainandspecificshouldbe applied without attempted construction or interpretation.

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