stat con made easier for freshmen
TRANSCRIPT
7/24/2019 STAT Con Made Easier for Freshmen
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OCT
20
Statutory Construction made easy by a Freshman
STATUTORY CONSTRUCTION 2012
Rule1. Apply the Law when it is CLEAR. Do not Interpret or CONSTRUE.
Rule2 in StatCon is IBC, interpret before you CONSTRUE. You CONSTRUE only when thewritten law is not enouh to i!e "eanin an# E$$ECT to the INTENT of the %&' .
The RU%ES are si"pli(e# in the "i##le of this RE)IE'ER. *one by a $resh"an, by anain $resh"an who shall be a %awyer soooooon+++
literal "eanin or plain "eanin rule#ura le se# le#o-trine of ne-essary i"pli-ationeus#e" enerisli"itations of eus#e" enerisepressio unios est e-lusio alteriusneati!e/ opposite #o-trineappli-ation of epressio unius rule#o-trine of -asus o"issus#o-trine of last ante-e#ent
re##e##o sinula sinulisstare decisis
res judicata
obiter dictum
A legislature is a kind of deliberative assembly with the power to pass,amend, and repeallaws.[1] The law created by a legislature iscalled legislation or statutory law. In addition toenacting laws, legislaturesusually have eclusive authority to raise or lower taes and adoptthebudget and other money bills. !egislatures are known by many names,
the most common being parliament and congress, although these termsalso have more specific meanings.
Legislative intentIn law, the legislative intent of the legislature in enacting legislation maysometimes be considered by the "udiciary when interpreting the law
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#see "udicial interpretation$. The "udiciary may attempt to assess legislativeintent where legislation is ambiguous, or does not appear to directly or ade%uately address a particular issue, or when there appears to have beena legislative drafting error.&hen a statute is clear and unambiguous, the courts have said, repeatedly,that the in%uiry into legislative intent ends at that point. It is only when astatute could be interpreted in more than one fashion that legislative intentmust be inferred from sources other than the actual tet of the statute.
Sources of legislative intent
'ourts fre%uently look to the following sources in attempting to determinethe goals and purposes that the legislative body had in mind when itpassed the law(
• the tet of the bill as proposed to the legislative body,• amendments to the bill that were proposed and accepted or re"ected,• the record of hearings on the topic,• legislative records or "ournals,
• speeches and floor debate made prior to the vote on the bill,• legislative subcommittee minutes, factual findings, and)or reports,• other relevant statutes which can be used to understand the
definitions in the statute on %uestion,• other relevant statutes which indicate the limits of the statute in
%uestion,
• legislative files of the eecutive branch, such as the governor or president,
• case law prior to the statute or following it which demonstrates theproblems the legislature was attempting to address with the bill, or
• constitutional determinations #i.e. *&ould 'ongress still have passedcertain sections of a statute +had it known+ about the constitutional invalidityof the other portions of the statute*$.
• legislative intent- the reason for passing the law
literal "eanin or plain "eanin rule. If the statuteis clear, plain and free from ambiguity, it must be given itsliteral meaning and applied without attemptedinterpretation.you et the "eanin of the law fro" the wor# per wor# written law. %iteral"eanin or plain rule "eans INTER0RET&TION of the %&'. &%% 'OR*S wor#sin a statute shoul# if possible, be i!en e1e-t.
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'here a statute #e(nes a wor# or phrase e"ploye# therein, the wor# orphrase shoul# not, by CONSTRUCTION, be i!en a #i1erent "eanin. 'henthe leislature #e(nes a wor# use# in a statute, it #oes not usurp the -ourtsfun-tion to interpret the laws but it "erely %EIS%&TES what shoul# for"
part of the law itself.
It is settle# that in the absen-e of leislati!e intent to #e(ne wor#s, wor#san# phrases use# in statute shoul# be i!en their plain, or#inary, an#-o""on usae "eanin whi-h is supporte# by the "ai" eneralia !erbasunt eneraliter intellien#a or what is enerally spo3en shall be enerallyun#erstoo#. It is also the sa"e as ENER&%I *ICTU4 ENER&%ITIR ESTINTER0RET&N*U4 a eneral state"ent is un#erstoo# in a eneral sense.
WORDS MS! "# S"S#R$I#%! !O !&# I%!#%! and
not intent to words.
Ubi le non #istinuit ne- nos #istinuere #ebe"us. 'hen
the law #oes not #istinuish, #o not #istinuish.
#ura le se# le or 5OC 6UI*E4 0ER6U&4 *URU4 EST, SE* IT& %E7
SCRI0T& EST.
The law "aybe harsh, but is still the law. It is e'ceedingly hard,but so the law is written.
#o-trine of ne-essary i"pli-ation this #o-trine states
that what is implied in a statute is as much a part thereof as that which is e'pressed. E!ery statute is understand byimplication to contain all such provision as may be necessary toe(ectuate to its ob)ect and purpose, or to "a3e e1e-ti!e rihts, powers,pri!ilees or uris#i-tion whi-h it rants, in-lu#in all su-h -ollateral an#subsi#iary -onse8uen-es as "ay be fairly an# loi-ally inferre# fro" itster"s. The prin-iple is epresse# in the "ai" E7 NECESSIT&TE%EIS or fro" the ne-essity of the law.
eus#e" eneris .THE SAME KIND OR SPECIE.This is to give
effect to both the particular and general words, by treating the
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particular words as indicating the classand thegeneral words as
indicatingall that is embraced in said class,although not specifically
named by the particular words.
The rule of eus#e" eneris is not of uni!ersal appli-ation9 it shoul# be use#to -arry out, not to #efeat the intent or purpose of the law9 the rule mustgive way in favor of the legislative intent*
li"itations of eus#e" eneris re8uisites:;. Statue -ontains an enumeration of particular and speci+cwords, followe# by a eneral wor# or phrase92. The parti-ular an# speci+c words constitute a class or are
of the same ind9<. The enumeration of the particular and speci+c words isnot e'haustive or is not "erely by ea"ples9=. There is no indication of legislative intent to give generalwords or phrases a broader meaning.
e'pressio unios est e'clusio alterius.
the e'pression of - person, thing or conseuence IM/0I#Sthe#120SIO% of O!&#RS or
What is e'pressed puts an end to that which is implied.
E70RESSU4 $&CIT CESS&RE T&CITU4, where a Statute,by its ter"s, is epressly li"ite# to -ertain "atters, it"ay not, by interpretation or CONSTRUCTION, beeten#e# to other "atters. These also follows that when a statute spe-i(-ally lists #owns thee-eptions, what is not list #own as an e-eption is &CCE0TE* epress in the"ai" E7CE0TIO $IR4&T REU%&4 IN C&SIBUS NON E7CE0TIS,
the e'press e'ception, ee"ption or sa!ins e'cludes others.
application of e'pressio unius rule. This auiliary rule
is use# inCONSTRUCTION of statutes grantingpowers, creating rights an# remedies,restricting -o""on rights,an# imposing penalties and forfeitures, as well as those statutes whi-h
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are stri-tly -onstrue#. It is only a tool an# not a "an#atory rule use# foras-ertainin the leislati!e intent. !he rule must also yield to legislativeintent.
negative3 opposite doctrine, W&4! IS #1/R#SS#D
/!S 4% #%D !O W&4! IS IM/0I#D is 3nown as neati!e/opposite#o-trine oraru"entu" a -ontrario.
doctrine of casus omissus >-ase of o"ission? proomisso habendus est. & person,obe-t or thin o"itte# fro" an enu"eration "ust behel# to ha!e been omitted intentionally. This rule is not
absolute if it -an be shown that the leislature #i# not inten# to e-lu#e theperson, thin or obe-t fro" the enu"eration. If su-h leislati!e intent is-learly in#i-ate#, the COURT "ay supply the o"ission if to #o so will -arryout the intent of the leislature an# will not #o !iolen-e to its lanuae.
doctrine of last antecedent or &* 0RO7I4U4
&NTECE*ENS $I&% RE%&TIO NISI I40E*I&TURSENTENTI& or relati!e wor#s refer to the nearest ante-e#ents, unless the-ontet otherwise re8uires. 6U&%I$YIN 'OR*Srestrict or modify onlythe words or phrases to whi-h they are immediately associated.
The last antecedent rule is a #o-trine of interpretation of
a statute, by whi-h @Referential an# 8ualifyin phrases, where no -ontraryintention appears, refer solely to the last ante-e#ent.@ The rule is typi-allyboun# by @-o""on sense@ an# is Aeible enouh to a!oi# appli-ation that@woul# in!ol!e an absur#ity, #o !iolen-e to the plain intent of the lanuae,
or if the -ontet for other reason re8uires a #e!iation fro" therule.@ #vidence that a ualifying phrase is supposedto apply to all antecedents instead of only to theimmediately preceding one may be found in thefact that it is separated from the antecedents by acomma.5
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reddendo singula singulis when two
descriptions maes it impossible to reconcile,reconcile it to have a 6singular meaning7 tosettle the issue.
refers to ea-h phrase or epression to its appropriate obe-t, or let ea-h beput in its proper pla-e, that is, the wor#s shoul# be ta3en *ISTRIBUTI)E%Y toe1e-t that ea-h wor# is to be applie# to the sube-t to whi-h it appears by-ontet "ost appropriate relate# an# to whi-h it is "ost appli-able.
REDDENDO SINGULA SINGULIS, construction. Bren!ering each his own- for eample, when twodescriptions of property are given together in one mass,both the net of kin and the heir cannot take, unless incases where a construction can be made reddendosingula singulis, that the net of kin shall take the personalestate and the heir at law the real estate. 1 /es. 0./ide 11 2ast,, 314, n.- 5ac. Ab. 'onditions, !.
Stare Decisis %atin, %et the #e-ision stan#. The policy of
courts to abide by or adhere to principles established by decisions in earlier
cases. >stah/ray #uh/see/sis? n. %atin for 5to stand by a decision,5 the#o-trine that a trial -ourt is boun# by appellate -ourt #e-isions>pre-e#ents? on a leal 8uestion whi-h is raise# in the lower-ourt. Relian-e on su-h pre-e#ents is re8uire# of trial -ourts untilsu-h ti"e as an appellate -ourt -hanes the rule, for the trial-ourt -annot inore the pre-e#ent >e!en when the trial u#e
belie!es it is @ba# law@?Res 8udicata [ %atin, & thin a#u#e#. ] A rule that a nal
judgment on the merits by a court having jurisdiction isconclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit.
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The party assertin res u#i-ata, ha!in intro#u-e# a (nal u#"ent on the "erits, "ust then show that the #e-ision in the(rst lawsuit was -on-lusi!e as to the "atters in the se-on# suit.$or ea"ple, assu"e that the plainti1 in the (rst lawsuit asserte#
that she was inure# in an auto a--i#ent. She sues the #ri!er of the other auto un#er a theory of Nelien-e. & ury returns a!er#i-t that (n#s that the #efen#ant was notnelient. The inure# #ri!er then (les a se-on# lawsuit alleina##itional fa-ts that woul# help her pro!e that the other #ri!er
was nelient. 4 court would dismiss the se-on#lawsuit under res )udicata be-ause the se-on#
lawsuit isbased on the same 2ause of 4ction >nelien-e?
an# the sa"e inury -lai".
Obiter Dictum%atin, By the way. Words of an
opinion entirely unnecessary for the decision of the case. A remark made or opinion epressed by a judge in a decision upon a cause! "by the way"! that is! incidentally or collaterally! and not directly upon the #uestion before thecourt or upon a point not necessarily involved in the determination of thecause! or introduced by way of illustration! or analogy or argument. $uch arenot binding as precedent.
AEQUITAS NUNQUAM CONTRAVENIT
LEGIS . #9I!: never acts in contravention of thelaw.!he reason of the 0aw is the 0ife of the 0awor R4!IO 0#;IS #! 4%IM4.
Interpretation and 2O%S!R2!IO% of Statutesmust be done to avoid evil and in)ustice. #4 #S!422I/I#%D4 I%!#R/R#!4!IO 94# $I!IO 24R#!.
Interpretatio +enda est ut res magis valeat uampereat,the interpretation that will i!e the thin the E$$IC&CY isto be a#opte#. %aw "ust re-ei!e sensible interpretation topro"ote the en#s for whi-h they are ena-te#. They shoul# bei!en pra-ti-al CONSTRUCTION that will i!e %I$E to the", I$ ITC&N BE *ONE without #oin )IO%ENCE to reason.
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! R#S M4;IS $40#4! 94M /#R#4!, & ST&TUTE "ustbe interprete# to i!e it eD-ient operation an# e1e-t as a wholea!oi#in the nulli(-ation of pro!isions. IT is so that a leal
pro!ision "ust not be so -onstrue# as to be a uselessSUR0%US&E. &--or#inly, in -ase of *oubt or obs-urity, that-onstru-tion shoul# "a3e the statute fully operati!e an#e1e-ti!e. IT IS 0RESU4E* T5&T T5E %EIS%&TURE *I* NOT *O &)&IN T5IN IN T5E EN&CT4ENT O$ T5E ST&TUTE.
In /4R# M4!#RI4, of the sa"e person or thin.
I%!#R/R#!4R# #! 2O%2ORD4R# 0#;#S 0#;I"S#S! O/!IMS I%!#R/R#!4%DI MODS, or e!ery statute
"ust be so CONSTRUE* an# har"onie# with other statutes as tofor" a unifor" syste" of Furispru#en-e. 400 laws arepresumed to be consistent with each other.
DIS!I%;# !#M/OR4 #! 2O%2ORD4"IS 8R4,distinguish times and you will harmoni<e laws.
IN ena-tin a ST&TUTE, the leislature is presu"e# to ha!e beenaware, an# ta3en into a--ount, 0RIOR %&'S on the sube-t of leislation. Thus, -onAi-t on sa"e sube-t is not inten#e# an# if su-h o--ur, Court "ust -onstrue, throuh re-on-iliation to i!e
e1e-t to the statute. If it is impossible to reconcile andharmoni<e, one statute has to give way to the other. Thelatest statute shall pre!ail bein the latest epression of theleislati!e 'I%%.
& ENER&% %&' an# a S0ECI&% %&' are in pare materia. Thefa-t that one is eneral an# the other spe-ial -reates apresu"ption that the spe-ial a-t is to be -onsi#ere# as re"aininan e-eption of the eneral &-t. One as a General Law of the
Land, the other as a LAW for a Part!"lar !ase# This shallapply all the ti"e rear#less of whi-h law was ena-te# (rst.
CONTE40OR&NEOUS CONSTRUCTIONS or CONTE40OR&RYCONSTRUCTIONS are "a#e by the E7ECUTI)E *epart"ents.$irst type of Conte"porary Constru-tions are the interpretationsof the Ee-uti!e on Statutes, for the" to i"ple"ent it, they "ust
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un#erstan# it an# interpret it if the lanuae of the law is&4BIUOUS. The ee-uti!e "a3es RU%ES or IRRs for this statutes,or &*4INISTR&TI)E RU%ES an# 0ROCE*URES. These IRRs orRU%ES issue# by the ee-uti!e to ee-ute the Statute are
CONTE40OR&RY Constru-tion.Se-on# Type of Conte"porary Constru-tions are theINTER0RET&TIONS of the FUSTICE Se-retary in -arryin out 0EN&%%&'S an# all OT5ER %&'S, un#er her are the 0ROSECUTORS,$ISC&%S of the 0hilippine Republi-. The issuan-es on how lawsare to be prose-ute# are CONTE40OR&RY CONSTRUCTION of the
Fusti-e Se-retary. The thir# type are the *ECISIONS O$ T5E &*4INISTR&TI)EBO*IES han#lin #isputes in a 6U&SI/FU*ICI&% 4&NNER. These#e-isions are base# on their UN*ERST&N*IN of Statutes passe#
by -onress, laws that are enfor-e#. These are CONTE40OR&RYINTER0RET&TIONS an# Constru-tions.
T5ESE 2O%!#M/OR4R: 2O%S!R2!IO%S ST&TUTES 5&00EN,'5EN T5ERE &RE %O 42!40 2O%!RO$#RSI#S9#S!IO%I%; !&# $40IDI!: O= S!4!!#S I% !&#S/R#M# 2OR!, therefore,NO ST&RE *ECISIS 5&)E YET BEEN4&*E. I$ T5ERE &RE FU*ICI&% INTER0RET&TIONS &N*CONSTRUCTIONS, T5EN T5E 8DI2I40 2O%S!R2!IO%S 4R#governing and are !&# O%#S followed ": !&# #1#2!I$#
D#/4R!M#%!S once promulgated by the Supreme 2ourt.CONRESS, NOT BEIN T5E CONSTITUTION&%%Y 0O'ER TOINTER0RET &N* CONSTRUE T5E %&'S T5EY 4&GE, 4&Y &%SO *OCONTE40OR&RY CONSTRUCTION IN $O%%O'IN ST&TUTES T5&T
T5EY T5E4SE%)ES &RE BOUN* TO $O%%O'.
WI!& !&# ;R4%! O= /OW#RS, RI;&!S, /RI$I0#;#S IS40SO !&# RI;&! !O I%2ID#%!40 /OW#RS O= !&#/OW#RS, RI;&!S 4%D /RI$I0#;#S. !&# ;R#4!#R /OW#RIM/0I#S I%2ID#%!40 0#SS#R /OW#R. !his is so becausethe greater includes the lesser as e'pressed in thema'im, in eo uod plus sit, simper inest et minus.!&#R#S&400 "# %O 2O%S!R2!IO% !O ;I$# #==#2! !O 4 04W!&4! S&400 M4># I! MOR# /OW#R=0 !&4% W&4! W4SI%!#%D#D ": !&# 04W.
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E!ery statute is un#erstoo# by I40%IC&TION, to -ontain su-hpro!isions as "aybe ne-essary to E$$ECTU&TE its obe-t an#purpose, or to "a3e e1e-ti!e Rihts, powers, pri!ilees or
FURIS*ICTION whi-h it rants, in-lu#in all su-h CO%%&TER&% an#
subsi#iary -onse8uen-es as "ay be fairly an# %OIC&%%Y inferre#fro" its TER4S, as epresse# in the "ai", #' necessitatelegis or from the %&'&$$(T) of the *AW . *o-trine of Ne-essaryI"pli-ation.'5&T C&NNOT BE *ONE *IRECT%Y C&NNOT BE *ONE IN*IRECT%Y.6U&N*O &%I6UI* 0RO5IBETUR E7 *IRECTO, 0RO5IBETUR ET 0EROB%I6UU4.
'5&T IS &UTO%I4IT&TIONHDoctrine of Autoli"itation#It is the doctrine where the 6hilippines adheres toprinciples of international law as a limitation to the eercise of its sovereignty.
$unctus officio an officer or agenc whose "an!ate has e%pire! either &ecause of the arrival of an e%pir !ate
or &ecause an agenc has acco"plishe! the purpose for which it was create!' $unction is "ere $OR(ALI)*'
Sin perjuico judgments are +u!g"ent, wo an state! facts insupport of the conclusion'
R0#S in S!4!!OR: 2O%S!R2!IO% The sole"n #e-isions of the u#es upon a statute
be-o"e part of the statute ; and the security of men's lives and property,require that they should be adhered to: for precedents serve to regulate our conduct ;
and there is more danger to be apprehended from uncertainty, than from any
exposition; because, when the rule is settled, men know how to conform
to it; but, when all is uncertain, they are left in the dark, and constantly liable to error;
for the same offence which, at one time, was thought entitled to clergy, at another,
may be deemed capital ; and thus the life or death of the citizen will be made to
depend, not upon a fixt rule, but upon the opinion of the judge, who may happen to try
him, than which a more miserable state of things cannot be conceived
1. Presumption of Correctnessa !"hen testing the constitutional validity of statutes, courts shall presume the
statute to be valid! #onsequently, the burden to show the constitutional defect is on
the challenger !$very act of the legislature is presumed to be
constitutional,and the #onstitution is to be given a liberal construction so as to
sustain the enactment in question, if practicable! !"hen the constitutionality of an
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act is challenged, a heavy burden of proof is thrust upon the party making the
challenge %ll laws are presumed to be constitutional and this presumption is one of
the strongest known to the law
b !%nother rule of statutory construction requires the presumption that, in enacting
statutes, the #&()$** has full knowledge of existing law and interpretations
thereof %lthough the repeal of statutes by implication is not favored, if two statutes
are in pari materia, then to the extent that their provisions are irreconcilably
inconsistent and repugnant, the latter ena-t"ent repeals ora"en#s the earlier ena-te# statute.
c !+he legislature is presumed to know the law when enacting
legislation
#. 'hen a"en#"ents are ena-te# soon after
-ontro!ersies arise @as to the interpretation of the oriinala-t, it is loi-al to rear# the a"en#"ent as a leislati!einterpretation of the oriinal a-t, a for"al -hane/rebuttin the presu"ption of substantial -hane.
e. @ 'e @assu"e that the leislature -hose, with -are, the wor#s ituse# when it ena-te# the rele!ant statute.@
f when -urrent an# prior !ersions of a statute are atissue, there is a presu"ption that the CONRESS, in a"en#in astatute, inten#e# to e1e-t a substanti!e -hane in the law.@$urther, we assu"e that CONRESS a"en#"ents to a statuteare purposeful, rather than unne-essary.
g !+he *upreme #ourt repeatedly has affirmed that it is a presumption of
statutory construction that, where both general and specific statutes appear to
address a matter, #&()$** intends the specific statute to control the subject
h !"hen a statute begins with the phrase !notwithstan#in any otherpro!ision of law,@ it is presumed that #&()$** intended to override any
potential conflicts with earlier legislation.
i !!he construction of statutes by agenciescharged with administration of those statutes is
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entitled to great weight.% decision of an agency specified to execute
the law made by #&()$** carries great weight and is entitled to deference unless
it is proven the agency erred +he grant of regulatory authority extends only
to duties or powers conferred by law %s such, !regulations, promulgated
pursuant to definitive statutory authority, have the force and effect of law oreover,those regulations which !clearly and explicitly mirror! statutory authority are likeliest
to be sustained %ny regulation of the -epartment must be reasonably grounded in an
identifiable and definitive statutory foundation !(enerally, the court accords substantial deference to an
agency's interpretations of its own regulations 0ro!i#e# the interpretation @#oes not!iolate the Constitution, it "ust be i!en J-ontrollin weihtunless it is plainly erroneous or in-onsistent with the reulation.
j we will o!erturn COURTs #e-ision only if it -an be fairly -hara-terie# as @arbitraryor -apri-ious@ an# thus a @-lear abuse of #eleate# #is-retion.@ On the other han#, an@aen-y #oes not possess spe-ialie# -o"peten-e o!er the interpretation of a statute"erely be-ause it a##resses topi-s within the aen-yJs #eleable authority. 0ure
statutory -onstru-tion, a "atter within the @-ore -o"peten-y of the u#i-iary,@ . @This
aio" ste"s fro" basi- prin-iples of separation of powers. It is e"phati-allythe pro!in-e an# #uty of the FU*ICI&% *E0&RT4ENTto saywhat the law is. It ne-essarily follows that the a priori 8uestion whether the
statute #eleates or withhol#s #is-retion is itself a 8uestion of statutory interpretation,one i"pli-atin our #uty of #e no!o re!iew.@
k @The -ir-uit -ourt nonetheless #eferre# to the Te-hni-al Re!iewBoar#Js reasonin, -orre-tly notin that -ourts i!e @reat
#eferen-e@ to an aen-yJs interpretation of its ownreulations. This #eferen-e ste"s fro" Co#e K 2.2/=L2M, whi-h
re8uires that re!iewin -ourts @ta3e #ue a--ount@ of the@eperien-e an# spe-ialie# -o"peten-e of the
aen-y@ pro"ulatin the reulation. E!en so, @#eferen-e isnot ab#i-ation, an# it re8uires us to a--ept only those aen-y
interpretations that are reasonable in liht of the prin-iples of -onstru-tion -ourts nor"ally e"ploy. No "atter how one
-alibrates u#i-ial #eferen-e, the a#"inistrati!epower to interpret a reulation does not include the power to rewrite it . 'hen a reulation is
@not a"biuous,@ u#i-ial #eferen-e @to the aen-yJs positionwoul# be to per"it the aen-y, un#er the uise of interpretin areulation, to -reate #e fa-to a new reulation.@ Thouh aen-ies
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"ay be te"pte# to a#u#i-ate their way aroun# unwante#reulations, su-h o!errea-hin un#er"ines the noti-e an# publi-hearin pro-e#ures of the rule"a3in pro-ess / thereby puttin in
eopar#y the @enhan-e# politi-al a--ountability of aen-y poli-y
#e-isions a#opte# throuh the rule"a3in pro-ess@ an# the#e"o-rati- !irtue of allowin @all potentially a1e-te# "e"bers of the publi- an opportunity to parti-ipate in the pro-ess of #eter"inin the rules that a1e-t the".
l !.owever, whenever an !agency's statutory interpretation conflicts
with the language of the statute or when the interpretation has not been
consistently and regularly applied, the usual deference accorded to an
agency's interpretation should be withheld
m 'hen Conress enacts an imprecise statute that it-o""its to the i"ple"entation of an ee-uti!e aen-y, ithas no -ontrol o!er that i"ple"entation >e-ept, of -ourse, throuh further, "ore pre-ise, leislation?. !helegislative and e'ecutive functions are not combined. /ut
when an agency promulgates an imprecise rule, it leaves to itself the implementation
of that rule, and thus the initial determination of the rule's meaning %nd though the
adoption of a rule is an exercise of the executive rather than the legislative power, a
properly adopted rule has fully the effect of law It see"s -ontrary to
fun#a"ental prin-iples of separation of powers to per"it the person who pro"ulatesa law to interpret it as well.-eferring to an agency's interpretation of a statute does not encourage #ongress, out
of a desire to expand its power, to enact vague statutes; the vagueness effectively
cedes power to the $xecutive /y contrast, deferring to an agency's interpretation of
its own rule encourages the agency to enact vague rules which give it the power, in
future adjudications, to do what it pleases
Construed Against the State/ Vaguenessa !It is an ancient ma'im of the law that all such statutesmust be construed strictly against the state and favorablyto the liberty of the citi<en +he maxim is founded on the tenderness of
the law for the rights of individuals and on the plain principle that the power of
punishment is vested in the legislature and not in the judicial department o man
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incurs a penalty unless the act which subjects him to it is clearly within the spirit and
letter of the statute which imposes such penalty +here can be no constructive
offenses, and before a man can be punished his case must be plainly and unmistakably
within the statute 0f these principals are violated, the fate of the accused is
determined by the arbitrary discretion of the judges and not by the express authority of
the law!
b !"hen a statute is penal in nature, it !must be strictly construed against
the STATE and in favor of an accused.c !"hile it is true that penal statutes must be strictly construed against the
*+%+$ in criminal cases, !we will not apply 'an unreasonably
restrictive interpretation of the statute' that would subvert the
legislative intent expressed thereind !0n determining whether a legislative enactment is unconstitutionally vague, the
*upreme #ourt has considered whether the words used have a well1settled meaning 2citing dictionary to determine !generally understood! meaning for
adjective in ordinance3 !% penal statute is void for vagueness if it both fails
to give a person of ordinary intelligence notice that her contemplated
conduct is forbidden by the statute and encourages selective prosecution
Statutory Exceptions !egative Element v. Affirmative
"efense
43 !#hen construing PE!A$ STAT%TES which contain qualifications,
exceptions or exemptions to their application, the limiting language may be
viewed as a negative element of the offense which the prosecution must
disprove %lternately, the court may determine that the exemption is a statutory
defense, which the accused can assert to defeat the prima facie case of the
prosecution 0n determining whether specific limiting language is an element of the
offense or a statutory defense, a court should look both to the intent of the statute as a
whole and the ability of the respective parties to assert the existence or absence of the
underlying facts sustaining the applicability of the limitation "hen determining
whether the limiting language is a negative element or a statutory defense, this #ourt
has identified four factors to be considered: 'the wording of the exception and its role
in relation to the other words in the statute; whether in light of the situation prompting
legislative action, the exception is essential to complete the general prohibition
intended; whether the exception makes an excuse or justification for what would
otherwise be criminal conduct, ie, sets forth an affirmative defense; and whether the
matter is peculiarly within the knowledge of the defendant' %n application of these
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factors to the present case demonstrates that the phrase !except as provided by law,!
as used in #ode 5 6741889, establishes a statutory defense as opposed to a negative
element
63 !0n order to resolve whether there is a due process violation in this
case, we first must address the threshold issue of whether the absence of a valid prescription is an affirmative defense or a negative element of the
offense0f it is the latter, the burden of proof is on the *+%+$, and it cannot be
shifted to the accused"hen construing penal statutes which contain qualifications,
exceptions or exemptions to their application, the limiting language may be viewed as
a negative element of the offense which the prosecution must disprove %lternately,
the court may determine that the exemption is a statutory defense, which the accused
can assert to defeat the prima facie case of the prosecution +he %##*$-
/$%)* +.$ /)-$ & <)&-#0( $=0-$#$ &
+.$ $(%+0&of circumstances sufficient to raise areasonable doubt of his guilt In #eter"inin whetherspe-i(- li"itin lanuae is an ele"ent of theo1ense or a statutory #efense, a -ourt shoul# loo3both to the intent of the statute as a whole an# theability of the respe-ti!e parties to assert theeisten-e or absen-e of the un#erlyin
fa-ts sustainin the appli-ability of theli"itation. %ccordingly, we should consider the wording of the exception and
its role in relation to the other words in the statute; whether in light of the situation
prompting legislative action, the exception is essential to complete the general
prohibition intended; whether the e-eption "a3es an e-use or usti(-ation for what woul# otherwise be -ri"inal-on#u-t, ie, sets forth an affirmative defense; and whether the matter is
peculiarly within the knowledge of the defendant #It is undoubtedly thegeneral rule that the state must prove all the essential factsentering into the description of the offense. 5ut it has been held inmany cases that when a negation of a fact lies peculiarly withinthe knowledge of the defendant it is incumbent on him to establishthat fact$."e next observe that the !valid prescription! exemption of #ode 5 4>6168? relates to
a fact that would be solely within the knowledge of the accused 0f we accept
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appellant's contention that the *+%+$ must prove appellant had no valid prescription,
the offense would be virtually unprovable nder appellant's theory, to obtain a
conviction under the facts of this case, the *+%+$ would be required to prove that no
medical professional, wherever located, in this #ommonwealth or elsewhere, had
prescribed the drug to appellant +his would involve a nationwide search of chain
drugstores, as well as independent pharmacies, hospitals, prison infirmaries, etc%ppellant, at oral argument, conceded that such an undertaking would most likely be
impossible #&()$** clearly did not intend such a result, nor would they enact
such an impotent statute
Constitutional Construction43 !+he rights enumerated in this /ill of )ights shall not be construed to limit other
rights of the people not therein expressed
63@The office and purpose of the constitution is to shape and fi the limits of governmental activity. It thus proclaims, safeguards and preserves in basicform the pre7eisting laws, rights, mores, habits, and modes of thought andlife of the people as developed under the common law and as eisting atthe time of its adoption to the etent and therein stated8The purpose andob"ect sought to be attained by the framers of the constitution is to belooked for, and the will and intent of the people who ratified it is to be madeeffective. As we have stated, '9:;<2== may enact any law or take any
action >not prohibited by epress terms, or by necessary implications by the'onstitution.4$>A fundamental right is one 2?6!I'IT!@ 9< I6!I'IT!@ impliedguaranteed by the constitutionA3 !0t is an !established principle of constitutional law that a court will not rule upon
the constitutionality of a statute unless such a determination is absolutely necessary to
decide the merits of the case % statute will be construed to avoid
a constitutional question whenever this is possible
83 !The construction of a constitutional provision &yC'!()ESS 2note it is congress construing, not thesupreme court that is why it is #%BB$- @#&+$<&)%$&*
#&*+)#+0&C3is entitled to consideration, and if the construction is
contemporaneous with adoption of the constitutional provision, it
is entitled to great weight 0n addition, Bong acquiescence in such an announced
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construction so strengthens it that it should not be changed unless plainly
wrong
D3 Constitutional provisions are E*T+E) SE$,-EEC%T*!( ')
A!"AT')0.
% self1executing provision does not reuire ena&ling legislation for its
enforcement.
% mandatory provision declares or imposes a duty or
reuirement that must be followed
A $re!tor% &ro'son sets forth procedures or ! confers
discretion on thelegislature* for its implementation
M? @'e re!iew aru"ents rear#in
the 2O%S!I!!IO%40I!: O= 4 S!4!!# D#%O$O. 'hen the -onstitutionality of a statute is -hallene#, we
are ui#e# by the prin-iple that all a-ts of CONRESS arepresu"e# to be -onstitutional. Where a statute is constitutionalas applied to a litigant! the litigant has no standing to challengethe statute on the ground that it may be unconstitutional on its
face, that is, as applie# to a thir# person in ahypotheti-al situation. &s a eneral rule, @a party has
stan#in to -hallene the -onstitutionality of a statute onlyinsofar as it has an a#!erse i"pa-t onhis own rihts? @5owe!er, when a -ourt, in #eter"inin the-onstitutionality of a statute, #eparts fro" the epressli"itations of the Constitution an# relies instea# on
i"plie# -onstitutional restri-tions, the leislati!eusurpation "ust be !ery -lear an# palpable to ustify the-ourts hol#in that an ena-t"ent is un-onstitutional.
? @This Courts urispru#en-e with respe-t to &rti-le I),Se-tion ;2 is well establishe#. PThe fa-t that "any thins
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of a #i!erse nature are authorie# or re8uire# to be #onein the bo#y of the a-t, thouh not epresse# in its title isnot obe-tionable, if what is authorie# by the a-t iser"ane to the obe-t epresse# in the title, or has a
leiti"ate an# natural asso-iation therewith, or is-onruous therewith, the title is suD-ient. PIf thereis doubt as to the su?ciency of the title, the #oubt "ust
be resolved in favor of its su?ciency, as -ourts will not#e-lare an a-t of the leislature un-onstitutional unless it isplainly so. The analysis of a parti-ular a-t "ust ne-essarilyPstan# on its own,Q an# we "ust loo3 to both the bo#y an# to thetitle of the a-t un#er s-rutiny to #eter"ine whether the a-t!iolates the Constitution.
4?3 @&s a eneral rule, where a statute is constitutional as applied
to a litigant, the litigant has no standing to challenge the statute on the
ground that it may be unconstitutional on its face, that is, as applied to a
third person in a hypothetical situation! "e have said that classification
ordinarily will be upheld !if any state of facts can be reasonably conceived that would
support it! /ut where the statute creates a !suspect classification! 2eg
race, sex, or religion3 or where it affects a fundamental constitutional right, the
presumption of constitutionality fades, and the !strict scrutiny! test, rather than the
more relaxed !rational relationship! test applies443 !*tatutory interpretation presents a pure uestion of la2 and
is accordingly subject to de novo review by this #ourtde novo is a !atin epression meaning *from the beginning,* *afresh,* *anew,* *beginning again.*
)etroactive Enactment of $a2s43 !%ccordingly, when a statute is amended while an action is pending, the rights of
the parties are to be deemed in accordance with the law in effect when the action is
begun, unless the amended statute shows a clear intention to vary such rights 2&ur
analysis is guided by the fundamental principles of statutory
construction that retroactive laws are not favored, and that a statute isalways construed to operate prospectively unless a contrary legislative
intent is manifest3; !e2 la2s 2ill apply only to future cases unless there is
something in the very nature of the case, or in the language of the new provision,
which shows that the new law was intended to have a retrospective effect $urther,e!ery reasonable #oubt is resol!e# aainst a retroa-ti!e operation
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of a statute, and words of a statute ought not to have a retrospective
operation unless they are so clear, strong andimperative that no other meaning can be anne'edto them )etroactive effect will be given to a statute only when legislative
intent that a statute be so applied is stated in clear, e'plicit, and uneuivocalterms.
Common $a2
43 In -onstruin statutes, the statutory #e(nition "ustpre!ail o!er the -o""on law #e(nition
63 CONRESS is presu"e# to ha!e 3nown an# to ha!e
ha# the -o""on law in "in# in the ena-t"ent of astatute. The statute "ust therefore be rea# alon with thepro!isions of the -o""on law, an# the latter will be rea# into thestatute unless it -learly appears fro" epress lanuae or byne-essary i"pli-ation that the purpose of the statute was to-hane the -o""on law.
93 !"e also apply the established principle that a statutory provision 2ill not &e
held to change the common la2 unless the legislative intent to do sois plainly manifested. +herefore, a statutory change in the common law will be
recognized only in that which is expressly stated in the words of the statute or is
necessarily implied by its language
A3 ! % statutory provision will not be held to change the common law unless the
legislative intent to do so is plainly manifested !*tatutes in derogation of the
common law are to be strictly construed and not to be enlarged in their operation by
construction beyond their express terms %ccordingly, !EaF statutory change in the
common law is limited to that which is expressly stated in the statute or necessarily
implied by its language because there is a presumption that no change was intended
!"hen an enactment does not encompass the entire subject covered by the common
law, it abrogates the common1law rule only to the extent that its terms are directly and
irreconcilably opposed to the rule
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Previous Construction of a Statute
43 !'here a statute has been construed bythe courts, an# is then re/ena-te# by the
leislature, the -onstru-tion i!en to it ispresu"e# to be san-tione# by the leislature,an# thenceforth becomes obligatoryupon the courts.5 &ence, when the court +nds
the old construction should be modi+ed, it cannotanymore, since the court is "O%D by its oldconstruction because such statute was R#3#nacted.63 @The ter" @battery@ possesses @a lon history of #e(nition by@the -ourts, an# therefore, it @-arries its histori-al -onstru-tion@when use# by CONRESS in a statute.93 @'e ha!e sai# that Pwhen u#i-ial interpretations ha!e settle#the "eanin of an eistin statutory pro!ision, repetition of thesa"e lanuae in a new statute in#i-ates, as a eneral "atter,the intent to in-orporate its u#i-ial interpretations as well.Q 2*+%)$
-$#0* becomes the interpretation and construction of a law or *+%++$ that is ambiguous even if it was applied to a privatecase3
!e2 $a2 !e2 )emedy
A3 !0t is an established principle of statutory interpretation that !a statutepres-ribin a new re"e#y for an eistin riht shoul# ne!er be-onstrue# to abolish a pre/eistin re"e#y in the absen-e of
epress wor#s or ne-essary i"pli-ation. urther, ! Jwhen astatute i!es a new re"e#y, an# -ontains no neati!e,epress or i"plie#, of the ol# re"e#y, the new onepro!i#e# by it is -u"ulati!e, an# the party "ay ele-tbetween the two.J
T2o Statutes Pertaining to the Same Su&3ect43 @It is well a--epte# that statutes relatin to the sa"esube-t shoul# not be rea# in isolation *uch statutes should be
considered in pari materia oreover, statutes dealing with the same subject matter
should be -onstrue# toether to a-hie!e a har"onious result, resolving
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conflicts to give effect to legislative intent %n accepted principle of statutory
construction is that, when it is not clear which of two statutes applies, the
more specific statute prevails over the more general 4lso, whenstatutes provide di(erent procedures on the same sub)ect
matter, 5the general must give way to the speci+c.@&s a preli"inary "atter appli-able to all of your 8uestions an# in a--or# with the ruleof statutory -onstru-tion in &ar (atera,
statutory pro!isions are not to be -onsi#ere# as isolate# fra"ents of law. Su-h pro!isions are to be -onsi#ere# as a whole, or as parts of a reater -onne-te#,ho"oeneous syste" of laws, or a sinle an# -o"plete statutory -o"pilation.
Statutes in pari "ateria are -onsi#ere# as if they -onstitute# but one a-t, so thatse-tions of one a-t "ay be -onsi#ere# as thouh they were parts of the other a-t.
&s a eneral rule, where leislation #ealin with a parti-ular sube-t -onsists of a
syste" of relate# eneral pro!isions in#i-ati!e of a settle# poli-y, new ena-t"ents of afra"entary nature on that sube-t are to be ta3en as inten#e# to (t into the eistinsyste" an# to be -arrie# into e1e-t -onfor"ably to it, an# they shoul# be so -onstrue#as to har"onie the eneral tenor or purport of the syste" an# "a3e the s-he"e-onsistent in all its parts an# unifor" in its operation, unless a #i1erent purpose isshown plainly or with irresistible -learness. It will be assu"e# or presu"e#, in theabsen-e of wor#s spe-i(-ally in#i-atin the -ontrary, that the leislature #i# not inten#to inno!ate on, unsettle, #isrear#, alter or !iolate a eneral statute or syste" of statutory pro!isions the entire sube-t "atter of whi-h is not #ire-tly or ne-essarilyin!ol!e# in the a-t >notin that in absen-e of wor#s to -ontrary, leislature #i# notinten# to alter or repeal eneral statute or syste"?.
93 #losely related statutes must be read as being consistent with one another !wo
statutes which are closely interrelated must be read andconstrued together and e(ect given to all of theirprovisions. *tatutes should be-onstrue#, if possible, so as tohar"onie, an# for-e an# e1e-t shoul# be i!en the pro!isions of ea-h.A3 +he primary objective of statutory construction is to ascertain and give effect to
legislative intent '0n interpreting statutes, !courts should give the fullest possible
effect to the legislative intent embodied in the entire statutory
enactment <otentially conflicting statutes should be harmonized to give
force and effect to each
83 #ity and municipal ordinances must be consistent with the laws of the
#onstitution+hus, if a statute and a local ordinance both can be given
effect, courts must harmonize them and apply them together
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The eaning of #ords
43 In the absen-e of a -ontrary #e(nition, the wor#s in astatute are presu"e# to ha!e their usual an# or#inary
"eanin.93 % fundamental rule of statutory construction requires that every part of a statute be
presumed to have some effect, and not be treated as meaningless unless absolutely
necessary @'e "ust assu"e that the leislature #i# not inten# to #o a !ain an# useless
thin. @It is a well establishe# rule of -onstru-tion that a statuteouht to be interprete# in su-h a "anner that it "ay ha!e e1e-t,an# not foun# to be !ain an# elusi!e. @& wor# or -lause -ontaine# in a
statute "ay only be ree-te# as surplusae if it @appears toha!e been inserte# throuh ina#!erten-e or "ista3e, an#
whi-h is in-apable of any sensible "eanin,@ or isotherwise repunant tothe rest of the statute.
A3 @'e will not -onstrue a statute by sinlin out a parti-ular ter" or phrase, but will
-onstrue the wor#s an# ter"s at issue in the -ontet of the otherlanuae use# in the statute.83 "hile in the construction of statutes the constant endeavor of the courts is to
ascertain and give effect to the intention of the legislature, that
intention must be gathered from the words used, unless a literalconstruction would involve a manifest absurdity !+he #ourt has stated the related
principle that !the plain, obvious, and rational meaning of a statute is always to be
preferred to any curious, narrow, or strained construction.5 Statutesshould not be interpreted in ways that produceabsurd or irrational conseuences
D3 !% statute must be construed with reference to its subject matter, the object sought
to be attained, and the legislative purpose in enacting it; the provisions should receive
a construction that will render it har"onious with that purposerather than one whi-h will #efeat it.
G3EiFf the language of a statute is plain and unambiguous, and its meaning perfectly
clear and definite, effect must be given to it 0t is unnecessary to resort to any rules of
statutory construction when the language of a statute is unambiguous 0n those
situations, the statute's plain meaning and intent govern
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@0anguage is ambiguous if it a#"its of beinun#erstoo#in "ore than one way, refers to two or"ore thins si"ultaneously, is #iD-ult to
-o"prehen#, is of #oubtful i"port, or la-3s-learness an# #e(niteness.Q
73 !/lack's Baw -ictionary 48>D 2>th ed 6??A3 defines 4valid4 as 4 Legally
sufficient; &inding.4 2noting that if the *+%++$ does not provide a statutory
definition we may look to the dictionary definition to determine legislative intent
4?3 !0n drafting the statute, the legislature separated the two prohibitions
with a comma followed by the disjunctive word 4nor.4 "e have notedthat, pursuant to the rules of grammar, !phrases separate# by a-o""a an# a #isun-ti!e . . . are in#epen#ent. The#isun-ti!e ser!es to -onne-t the two parts of thesenten-e but also to 3eep the" separate an#in#epen#ent.Q
463 !+he word EwillfulF often denotes an act which is intentional, or knowing, or
voluntary, as distinguished from accidental /ut when used in a criminal statute it
generally means an act done with a bad purpose; without justifiable excuse;stubbornly, obstinately, perverselyEF +he word is also employed to characterize a
thing done without ground for believing it is lawful +he term "willful act"imports knowledge and consciousness that inury will result fro"the a-t #one. +he act done must be intended or it must involve a reckless
disregard for the rights of another and will probably result in an injury E+Fhe ter"@ross, wanton, an# -ulpable@ #es-ribes -on#u-t +he word !gross!
means !aggravated or increased negligence! while the word !culpable! means
!deserving of blame or censure! '(ross negligence' is culpable or criminal when
accompanied by acts of commission or omission of a wanton or willful nature,
showing a reckless or indifferent disregard of the rights of others, under circumstances
reasonably calculated to produce injury, or which make it not improbable that injury
will be occasioned, and the offender knows, or is charged with the knowledge of, the
probable result of his acts
493 @But, -ourts are not per"itte# to a## lanuae to astatute nor are they per"itte# to a--o"plish the sa"e
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result by u#i-ial interpretation.@ )ather, when the language of a
statute is unambiguous, courts are bound by the plain meaning of that language and
may not assign a construction that amounts to holding that the (eneral %ssembly did
not mean what it actually has stated
4A3 !0t is equally well established, however, that if the language of a statute is clear
and unambiguous, a regulatory interpretation by the -epartment that is in conflict
with the plain language of the statute cannot be sustained
483 !nder the rule of ejusdem generis, when a particular class of persons
or things is enumerated in a statute and general words follow, the general
words are to be restricted in their meaning to a sense analogous to the less general,
particular words Bikewise, according to the maxim noscitur asociis >asso-iate# wor#s? when general and specific words are grouped, the
general words are limited by the specific and will be construed to embrace only
objects similar in nature to those things identified by the specific words
4D3 If a statute epressly e-epts a -lass whi-h woul# otherwise fallwithin its ter"s, the e-eption neates the i#ea that any other-lass is to be e-epte#
4G3 &ne such rule, sometimes referred to as the last ante-e#ent#o-trine, is particularly applicable here and can be summarized as
follows: )eferential and qualifying words and phrases, where no
!ontrar% ntenton a&&ears,refer solely to the last
antecedent. The last antecedent is 5the last 2ord phrase or
clause that can be made an antecedent without impairing the meaning of the
sentence' +hus a proviso usually is construed to apply to the provision or clause
immediately preceding it 2explaining and applying !the grammatical 'rule of the last
antecedent,' according to which a limiting clause or phrase should ordinarily be
read as modifying only the noun or phrase that it immediately follows !3; 2noting
that construction of a statute according to the last antecedent rule is !quite sensible as
a matter of grammar
473 @&n erroneous interpretation of a statute by those-hare# with its enfor-e"ent cannot be permitted to override[the statute+s] clear meaning.&"en#"ents of statutes -an only be"a#e by the leislature an# not by the -ourts or a#"inistrati!eoD-ers -hare# with their enfor-e"ent
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6?3 !/ut principles of statutory construction are not so rigid %lthough we presume
that the same term has the same meaning when it occurs here and there in a single
statute, the #ourt of %ppeals mischaracterized that presumption as @effectively
irrebuttableC "e also understand that @EmFost words have different shades of
meaning and consequently may be variously construed, not only when they occur
in different statutes, but when used more than once in the same statute or even in
the same sectionC +hus, the @natural presumption that identical words
used in different parts of the same act are intended to have the same
meaning H is not rigid and readily yields whenever there is such variation in the
connection in which the words are used as reasonably to warrant the conclusion
that they were employed in different parts of the act with different intentC 0bid %
given term in the same statute may take on distinct characters from association
with distinct statutory objects calling for different implementation strategies!Ibid. #!atin, short for ibidem, meaning *the same place*$ is the term used to provide an endnote or footnote citation or reference for
a source that was cited in the preceding endnote or footnote. It is similar in meaning toidem
#meaning something that has beenmentioned previously- the same$, abbreviated Id., which is commonly used in legal citation.[1] To find the ibid.source, one must lookat the reference preceding it.
643 !(enerally, phrases separated by a comma and the disjunctive !or,!
are independent 2finding that, the word !or! connects two parts of a sentence,
!'but disconnectEsF their meaning'!3; 2noting disjunctive results in alternatives,
which must be treated separately3; 2finding that limiting phrase in statute is
independent of and does not modify two earlier phrases because the limiting phrase
is separated from the first two by a comma and the disjunctive !or!3; 2interpreting
the use of a comma and the disjunctive !or! as implying two separate and
independent phrases in a =irginia statute authorizing payment of dividends bycorporation !out of net earnings, or out of its net assets in excess of its capital!3
%ccordingly, the phrase, !made by the -efendant to any law enforcement officer,!
is independent of and does not modify the phrase, !EaFny written or recorded
statement or confessions!
The Terms ay/Shall43 +he term 5may,5 as used in a statute, should be given its ordinary
meaningintended by the #&()$** 1per"ission, i"portin #is-retion. 63 0t is also true, however, that the *upreme #ourt has held that the
word @"ay,@while ordinarily importing permission, will be -onstrue# to
be mandatory when it is ne!essar% to a!!o(&lsh the"anifest purpose of the legislature.
93 The use of the wor# @shall@ in a statute generallyimplies that its ter"s are inten#e# to be mandatory, rather
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than per"issi!e or #ire-ti!e. A3 !E+Fhe use of shall, in a statute re)"rn* a!ton +% a &"+l!o!al , is #ire-tory an# not mandatory unless the statute manifests a
contrary intent!4A !% statute directing the mode of proceeding by public officers is to
be deemed directory, and a precise compliance is not to be deemed essential to the
validity of the proceedings, unless so declared by statute
The Term Aggrieved 6$ocus Standi743 !!+he term 'aggrieved' has a settled meaning when it becomes necessary to
determine who is a proper party to seek court relief from an adverse decision 0n
order for a petitioner to be 'aggrieved,' it must affirmatively appear that suchperson had some direct interest in the sub)ect matter of the
proceeding that he seeks to attack +he petitioner +must show that he hasan immediate! pecuniary and substantial interest in the litigation!
and not a remote or indirect interest.+ !hus, it is notsu?cient that the sole interest of the petitioner is
to ad'an!e so(e perceived &"+l! r*ht or to redress
so(e anticipated &"+l! n-"r% when the only wrong hehas su(ered is in common with other persons similarlysituated +he word 'aggrieved' in a statute contemplates a substantial grievance
and means a denial of some personal or property right, legal or equitable, or
imposition of a burden or obligation upon the petitioner different from that suffered by
the public generally
ens )ea/ Scienter/ *ntent43 !0n the final analysis, the issue whether mens rea or scienter is a necessary element in
the indictment and proof of a particular crime becomes a question of legislative intent
to be construed by the court +hus, to insert a mens rea element into the offense, and
to require proof thereof, would defeat the statutory purpose, which is to criminalize
the introduction of firearms into a school environment *o we will not add, by
implication, language to the statute that the legislature expressly has chosen not to
include #onsequently, we hold that the trial court correctly decided, in refusing the
instruction in question, that this statute is one of strict criminal liability, and that the
#ommonwealth was required to prove only that the defendant had possessed, on
school property, a firearm of the type described in the statute
63 ! The -ontention that an inury -an a"ount to a -ri"e onlywhen inAi-te# by intention is no pro!in-ial or transientnotion 0t is as universal and persistent in mature systems of law as belief in
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freedom of the human will and a consequent ability and duty of the normal individual
tochoose &et2een good and evil. % relation between some mental element and punishment for a harmful act is
almost as instinctive as the child's familiar exculpatory !/ut 0 didn't mean to,! and has
afforded the rational basis for a tardy and unfinished substitution of deterrence andreformation in place of retaliation and vengeance as the motivation for public
prosecution
nqualified acceptance of this doctrine by $nglish common law in the
$ighteenth #entury was indicated by "lacstone@s sweepingstatement that to constitute any crime there must +rst bea 5vicious will.! 'ommon7law commentators of the :ineteenth 'entury
early pronounced the same principle, although a few eceptions not relevantto our present problem came to be recogniBed.'rime, as a compound concept, generally constituted only from concurrence
of an evil7meaning mind with an evil7doing hand, was congenial to an intenseindividualism.&s the states -o#i(e# the -o""on law of -ri"es, e!en if theirena-t"ents were silent on the sube-t, their -ourts assu"e# thatthe o"ission #i# not sinify #isappro!al of the prin-iple but"erely re-onie# that intent was so inherent in the i#ea of theo1ense that it re8uire# no statutory aDr"ation. 'ourts, with little hesitation or division, found an implication of there%uirement as to offenses that were taken over from the common law. Theunanimity with which they have adhered to the central thought thatwrongdoing must be conscious to be criminal is emphasiBed by the variety,disparity and confusion of their definitions of the re%uisite but elusive mentalelement.
5owe!er, -ourts of !arious uris#i-tions, an# for thepurposes of #i1erent o1enses, ha!e #e!ise# wor3infor"ulae, if not s-ienti(- ones, for the instru-tion of uriesaroun# su-h ter"s as @felonious intent,@ @-ri"inal intent,@@"ali-e aforethouht,@ @uilty 3nowle#e,@ @frau#ulent
intent,@ @wilfulness,@ @s-ienter,@ to #enote uilty3nowle#e, or @"ens rea,@ to sinify an e!il purpose or"ental -ulpability.5y use or combination of these various tokens, they have sought to protectthose who were not blameworthy in mind from conviction of infamouscommon7law crimes....The ;overnment asks us by a feat of constructionradically to change the weights and balances in the scales of "ustice.
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The purpose an# ob!ious e1e-t of #oin away with the re8uire"entof a uilty intent is to ease the prose-utionJs path to -on!i-tion, tostrip the #efen#ant of su-h bene(t as he #eri!e# at -o""on lawfro" inno-en-e of e!il purpose, an# to -ir-u"s-ribe the free#o"heretofore allowe# uries.=uch a manifest impairment of the immunities of the individual should not beetended to common7law crimes on "udicial initiative.4$ *The presence of a *vicious will* or mens rea was long a re%uirement of criminal responsibility. 5ut the list of eceptions grew, especially in theepanding regulatory area involving activities affecting public health, safety,and welfare. Id., at C3. The statutory offense of embeBBlement, borrowedfrom the common law where scienter was historically re%uired, was in adifferent category. 14 Id., at CD7CD1.*[&]here 'ongress borrows terms of art in which are accumulated the legal
tradition and meaning [1 E.=. D1, DF] of centuries of practice, itpresumably knows and adopts the cluster of ideas that were attached to eachborrowed word in the body of learning from which it was taken and themeaning its use will convey to the "udicial mind unless otherwise instructed.*
The "illon )ule and (rants of Authority+he -illon )ule of strict construction controls our determination of the powers of
local governing bodies +his rule provides that municipal corporations
have only those po2ers that are expressly granted, those
necessarily or fairly implied from expressly granted powers, and those that areessential and indispensable
!In #eter"inin leislati!e intent, the rule is -learthat where a power is -onferre# an# the "o#e of its ee-ution is spe-i(e#, no other "etho# "ay besele-te#9 any other "eans woul# be -ontrary toleislati!e intent an#, therefore, unreasonable. % necessary
corollary is that where a grant of power is silent upon its mode of execution, a method
of exercise clearly contrary to legislative intent, or inappropriate to the ends sought to
be accomplished by the grant, also would be unreasonable
!#onsistent with the necessity to uphold legislative intent, the doctrine of
implied powers should never be applied to create a
power that does not e'ist or to e'pand an e'istingpower beyond rational limits. %lways, the test in
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application of the doctrine is reasonableness, in which concern for what
is ne-essary to pro"ote the publi- interest is a 3ey ele"ent.
inally, when a statute creates a specific grant of authority, the authority
exists only to the extent specifically granted in the statute 0t can never
go beyond the authority given
? P'hen the leislature #eleates authority to ana#"inistrati!e aen-y to pro"ulate reulations, thosereulations "ust neither e-ee# the s-ope of theauthority #eleate# nor be in-onsistent withit. $urther"ore, @#eleations of leislati!e power are !ali# only if they establish spe-i(- poli-ies an# ( #e(nite stan#ar#s to ui#e
the oD-ial, aen-y, or boar# in the eer-ise of the power.*eleations of leislati!e power whi-h la-3 su-h poli-ies an#stan#ar#s are un-onstitutional an# !oi#.@ $or ea"ple, lanuaein an enablin statute whi-h pro!i#es "erely @that the reulationsbe #esine# to prote-t an# pro"ote the safety an# health of e"ployees@ is insuD-ient.G? @'e -onsistently ha!e hel# that when the pri"ary purpose of an ena-t"ent is to raisere!enue, the ena-t"ent will be -onsi#ere# a ta, rear#less of the na"e atta-he# tothe a-t. The eneral &sse"bly is #ire-tly prohibite# fro" ena-tin Pany lo-al, spe-ial,or pri!ate law . . . for the assess"ent an# -olle-tion of taes. There is, howe!er, ane-eption to this spe-i(- prohibition. !he ;eneral 4ssembly may by special act lie
R4 A-BC0ocal ;overnment 2odeE delegating the power of ta'ationto anyprovince, city, municipality.
*nconsistent )egulations/$a2s%s a preliminary matter, we agree with anassas' statements that regulations of
$xecutive -epartments have the force of law, and that any $xecutive -epartment
concerned with the execution of a statuteIs interpretation of its governing statutes,
as reflected in its regulations, is entitled to great weight Reulations,
howe!er, "ay not -onAi-t with the authoriinstatute "hether a regulation is n!onsstent wth ts ena+ln*
le*slaton is &ro&erl% a s"+-e!t of -"d!al re'ew#If both the statute and the ordinance can standtogether and be given e(ect, it is the duty of the
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courts to harmoni<e them and not nullify theordinance. City an# "uni-ipal or#inan-es "ust be -onsistent withST&TUTES. Su-hordinances are inconsistent with
state law when they cannot co3e'ist with astatute. +he fact that a county or municipal ordinance enlarges on a statute's provisions does not
create a conflict with the statute unless the statute limits the requirements 8Separa&ility Clause is
inserted9for all cases to its own terms +hus, if a statute and a local ordinance both can be given
effect, courts must harmoni:e them and apply them together.
A Single ;ody of $a243 !"hen attempting to define terms in one part of the #ode, courts should read a
statute with !a vie2 to2ard harmoni:ing it 2ith otherstatutes.!&rdinarily, when a particular word in a statute is not defined
therein, a court must give it its ordinary meaning63 @'hen as3e# to interpret !arious -o#e se-tions, the
SU0RE4E Court often e'amines other relatedstatutes that contain similar orcontrasting language to help #eter"ine
leislati!e intent.
The Exclusion )ule
Am&iguity43 50anguage is a(+*"o"s when it maybe "nderstood nmore than one way, orsimultaneously refers to two or more things.63 !"hen the language of a statute is ambiguous, it "ust be interprete# ina "anner that will i!e e1e-t to the intent of
CONRESS. 93 !+he primary goal of statutory construction is to discern
and give e,ect to legislative intent, with the reading of a statute as
a whole influencing the proper construction of ambiguous individual provisions
A3 $o!trne of Contra &roferente(. !sed in the
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connection with the construction of written documents to the effect that
an ambiguous provision is construed most strongly against the person
who selected the language! /lack's Baw -ictionary, 8th $d83 !0nstead, we find the restrictive covenant, in particular the phrase !residential purposes,! to be ambiguous in
several respects0ndeed, even the circuit court's interpretation that the term ! 'ErFesidence' means more than
mere physical presence and less than domicile! is ambiguous 0t can be argued that a nightly or weekly rental is
more than mere physical presence oreover, if the phrase !residential purposes! carries with it a !duration of
use! component, it is ambiguous as to when a rental of the property moves from short1term to long1term
nder our case law, a restrictive covenant of !substantial doubt or ambiguity! must be interpreted !in favor of
the free use of property and against restrictions
Criminal Versus Civil *ntent of a Statute!he uestion whether a particular statutorily de+nedpenalty is civil or criminal is a matter of statutoryconstruction.5 =irst, one must determine whether the
legislature, in establishing the penali<ing mechanism,indicates either e'pressly or impliedly a preference forone label or the other. Second, where the legislature hasindicated an intention to establish a civil penalty, onemust address 5whether the statutory scheme was sopunitive either in purpose or e(ect as to negate thatintention
Supremacy Clause of the Constitution
43 !/y virtue of the *upremacy #lause of the #onstitutionsupersedes any conflicting state law +he preemption of Bocal laws by
*+%++$* may occur by express statutory language or other clear indication that
#ongress intended to legislate exclusively in the area $ven if #ongress does not
intend the enactment of a *+%++&)J scheme completely to preempt Bocal laws in
the area, congressional enactments in the same field override Bocal laws with which
they conflict
+he *upreme #ourt has identified three ways in which
preemption may occur: 243 Conress "ay a#opt epress lanuae settinforth the eisten-e an# s-ope of pree"ption9 263 Conress "ay a#opt a fra"ewor3 for reulationthat"occupies the eld" and leaves no room for states to adopt supplemental laws9 an#
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293 when statute actually conflicts with the constitution, typically when
compliance with both laws is a !physical impossibility! or the statute
stands !as an obstacle to the accomplishment and execution of the full
purposes and objectives of #ongress
63 !*ettled legal principles provide that the Constitution not a statecourt erroneous interpretation of it is controlling 2in context of
determining whether to apply retroactively a new rule for the conduct of
criminal prosecutions, adopting /lackstonian view that judgesfind the
law rather than make the law and that judicial declaration of law is
merely a statement of what the law has always been
Pu&lic Policy
43 !% court may not 4second-guess the lawmakers on mattersof economics sociology and pu&lic policy +hose
considerations belong exclusively in the legislative
domain. )egardless of whether it !may or may not be better public
policy! eaning #&)+* do not interpret provisions for
$#&&0#*, *�&B&(J and </B0# <&B0#J
63 4<udicial revie2 does not evaluate the 4propriety 2isdom
necessity and expediency4 of legislation. "e ask only 2hether
the statutory classification erects an irrational ar&itrary
distinction - one that no conceiva&le state of facts could
reasona&ly sustain.
Posted 20th October 2012 byAGINGLAWYER
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• Classic
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4
JUN
7
Ciudad Elmina Fishing Village - a must visithttp://aim5251996.wix.com/ciudadelmina
Ciudad Elmina is a fishing village with recreational facilities that will make your stay in Dagupan City
a memorable one.
They have 21 rooms, 3 villas, 1 conference room that could accommodate 40 people, a pavilion that
could seat 150 people easily, a gazebo that could be use for meetings, 4 floating kubos that could
accommodate 15people per kubo. A garden plazuela complete with its own gazebo and an open old
house suited for big parties and events.
Enjoy the serenity available in the different spots available for meditation. Children will value
teamwork and cooperation while rowing the boat within the waters of the fishpond. Experience ridingthe horse drawn carriage taken from Intramuros that used to transport the rich of the olden days. Try
fruit picking directly from their orchard growing different varieties of fruit bearing trees. Watch the free
range goats, peking ducks, horses, doves co-exist with man and nature.
Be it be for a family vacation, company outing, product launching, team building seminar,
management review and planning, conferences, birthdays, weddings and anniversaries or any
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celebration,Ciudad Elmina Fishing Village has all the amenities you need. Click the link to watch a
video.
See how the famous bonuan bangus are raised in our fish farm where the free flowing brackish
water is a natural mixture of the pantal river and the waters of bonuan beach.
Have your kids experience catching live fish using their fishing rod or net. Taste the sweet difference
of a fresh catch and a fish bought from the market. Ask our cook to prepare your catch the way you
want it.
Ciudad Elmina is located in the heart of the city and is less than a kilometer away from the terminals
of major bus companies servicing Dagupan. The wide entrance beside the Dagupan Doctors Villaflor
Memorial Hospital in barangay Mayombo will make Ciudad Elmina easy to
find.http://aim5251996.wix.com/ciudadelminaPosted 7th June 2013 by AGINGLAWYER
Location:Dagupan City, Philippines
1
/iew comments
1.
Dale Sean December 28, 2014 at 7:46 PM
Thanks for your sharing,i learn a lot from your post.There is a lot of very useful knowledge in your post to
help me solve problems.I enjoy reading it and hope to see more.Can you write more about Ciudad
Elmina?I am very interested in it.Waiting for your new post.
_______________________________________________
generate barcode in vb.net
Reply
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6
APR
8
Vice Governor in waiting Kit Cojuangco visits Hacienda Luisita
Vice Governor Kit Cojuangco receives warm welcome from the people of Hacienda Luisita. Kit told
the crowd that it was in Hacienda Luisita where he started his chain of barangay consultations
together with Mayor Aro Mendoza.
The barangay folks were all in awe on how Kit plans on running the provincial legislature. He
stressed that he wants to have a barangay leader's heart to ensure that the concerns of the masses
are dealt with. He wants the thinking of a national leader to ensure that legislations in the province of
Tarlac are in alignment with President PNOY's advocacy so that the province shall be able to
contribute to the country's development in terms of agriculture, tourism and industrialization. He
plans on doing his job as a presiding officer with a global mind so that tested and calibrated actions
already proven in other countries are the methods that may inspire the provincial legislature in
crafting new legislations.
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Kit captured the attention and admiration of the crowd with his plans and ideas for the province of
Tarlac as Vice Governor.
Kit is running under the LP-NPC Coalition. His running mate is Tarlac Governor Vic Yap.
Posted 8th April 2013 by AGINGLAWYER
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3.
APR
6
How to know where a product was sourced from the barcode printed in
the packaging
&n Infor"ation 4ust Share
5O' TO RE&* B&R CO*ES... >e!eryone "ust 3now?
&%'&YS RE&* T5E %&BE%S ON T5E $OO*S YOU BUY//NO 4&TTER '5&T T5E $RONT O$ T5E BO7OR 0&CG&E S&YS, TURN IT O)ER &N* RE&* T5E B&CG C&RE$U%%Y+
'ith all the foo# an# pet pro#u-ts now -o"in fro" China, it is best to "a3e sure you rea# label at the
super"ar3et an# espe-ially when buyin foo# pro#u-ts. 4any pro#u-ts no loner show where they were"a#e, only i!e where the #istributor is lo-ate#. The whole worl# is -on-erne# about China/"a#e @bla-3/hearte# oo#s@.
Can you #i1erentiate whi-h one is "a#e in Taiwan or China H The worl# is also -on-erne# about 4O>eneti-ally 4o#i(e# Oranis"? foo#s9 steroi# fe# ani"als >e: = #ays ol# broiler -hi-3en?.
It is i"portant to rea# the bar -o#e to tra-3 its oriin. 5ow to rea# Bar Co#es....interestin +
If the (rst < #iits of the bar -o#e are L, ; or 2, the pro#u-t is 4&*E IN C5IN&.=M; is 4a#e in Taiwan .
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If the (rst < #iits of the bar -o#e are LL/L then itJs "a#e or sour-e# in US&.
This is our riht to 3now, but the o!ern"ent an# relate# #epart"ents ne!er e#u-ate the publi-, thereforewe ha!e to RESCUE oursel!es. Nowa#ays, Chinese business"en 3now that -onsu"ers #o not prefer pro#u-ts@4&*E IN C5IN&@, so they #onJt show fro" whi-h -ountry it is "a#e. 5owe!er, you "ay now refer to thebar-o#e /
Re"e"ber if the (rst < #iits are:L......4&*E IN IN*I&L, ;, 2 ... then it is 4&*E IN C5IN&LL / L ... US& an# C&N&*&<L / <M ... $R&NCE=L / == ... ER4&NY=M; ........ Taiwan= or = ........F&0&N=...........5ON GONL .......... UG M .........*EN4&RG =..........$IN%&N*M.........S'ITER%&N* an# %IENC5TENSTIEN=M;......... is 4a#e in T&I'&N >see sa"ple?2.........S&U*I &R&BI&2.........UNITE* &R&B E4IR&TES
M=L..........M= / CENTR&% &4ERIC&
&ll =L Co#es are 4a#e in the 05I%I00INES.
Posted 6th April 2013 by AGINGLAWYER
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APR
6
Conjugal Partnership on GAINS, and Separation of Properties during
marriageConjugal Partnership on Gains and Separation of Properties
a simple video presentation to orient people on the principle of the relationships of properties during
marriage.
http://www.youtube.com/watch?v=sOhzPXTLJiQ
above is the url address of the video presentation
enjoy the video.
Posted 6th April 2013 by AGINGLAWYER
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5.
APR
1
How do I make a difference as a young person
The best way to contribute is to love your family. Be a part of the family and that means doing your
share of home responsibility.
Your parents owe you education and they are giving it to you. Study well and you will be able to give
something back.
Education is the key to knowing the right things and the right reasons. Learn from the mistakes of
others that are already documented and binded. Most people call them books.
READ THEM to avoid committing the same costly mistakes.
Know that your contribution counts as one, but when it is given together with others for a purpose, it
is not ONE anymore but it has been SYNERGIZED. It has MULTIPLIED!!!
Work with the TEAM!!!
You are IMPORTANT to the world. The world awaits for you to make it better, CONTRIBUTE.
Make time to help, spend money to share, create something that will make life better.
Do not ACT as if you are PRIVILEGED and that you must RECEIVE importance, if you want to be
important – GIVE!!!
ACT NOW to contribute something. Do not expect inheritance from your parents.
Make something out of your life with what you have learned. KNOWLEDGE can be used for GOOD
or EVIL.
Know the difference… think of death and how people will remember you to answer the hardquestions of what is RIGHT for you and what is you being RIGHTEOUS.
PRAY ALL THE TIME. This is the easiest thing to do, all you have to do is kneel and look up.
ASK for GOD’s forgiveness, be forgiving to others.
ACT NOW. It takes a million seconds for the average man to ACT on an IDEA, be extra-ordinary!!!
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The time you started reading this is already history. Time flies. You have to act act act act for you to
make a difference.
Posted 1st April 2013 byAGINGLAWYER
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6.
APR
1
LEAD BY DEEDS%E&*ERS5I0 Spee-h i ha!e i!en in 2LL.
%ea#ership is about lea#in, ser!in, lo!in.
%ea#ership is pullin people, -onsoli#atin people, "oti!atin people.
& lea#er inspires people. & lea#er is eaer to help an# #ire-ts the roup to a -o""on !ision.%ea#ership is "a3in a #i1eren-e9 liftin up peoples hope an# liftin the li!es of others. It seese!ery situation as an opportunity to #o oo#. It #oes not a--ept -ala"ity as a trae#y but as anopportunity to re/#o thins an# "a3e it better.
5a!in a !ision an# re"ainin stea#fast until the !ision is a--o"plishe#. It is not o!er until it iso!er. It aint o!er until the fat la#y sins. The ra-e is not o!er until you ha!e -rosse# the (nishline.
o the *IST&NCEV The In#iana LL is a ra-e where -ontestants are suppose# to (nish LL laps.'hoe!er (nishes the LL laps (rst is the winner. I"aine LL laps+ It ta3es patien-e an##eter"ination to #o this. It ta3es persisten-e an# bein stea#y in our oal. %ea#ership is inspirinpeople to "o!e to the #ire-tion that was en!isione# by the roup. It entails ser!in, lo!in,sa-ri(-e an# a--ountability.
The lea#er "ust "onitor an# "ust report perio#i-ally what ha!e been a--o"plishe# so that theroup 3nows where they are an# what they nee# to #o to rea-h their oal. This entails trainin fore!eryone.
So"eti"es, people #o not 3now how to #o the riht thins be-ause they #o not 3now what theriht thins are. On-e people are traine# to #o the riht thins, they in turn "ust train others to#o the riht thins. There has to be -ontinuity in the a-ti!ity for the better"ent of hu"an3in#. Continuity an#
#e#i-ation are the se-ret for -ontinuous #e!elop"ent. & lea#ers tas3 is to ensure the -ontinuityof proress. The -ontinuity of proress is #epen#ent on the trainin we i!e our youth.
The usefulness of the trainin we i!e our youth is #epen#ent on the )&%UES that we tea-h the". The funny thin about !alues is that it -annot be tauht in the -lassroo". It -annot be tauhtusin wor#s alone. )alues are tauht throuh inspiration. Inspiration is tauht throuh "o#elin,tauht throuh li!in ea"ples.
'E 5&)E TO %I)E IT for the youn to follow.
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Our -ountry is per-ei!e# with a proble" with raft an# -orruption. &re we happy with itH 'hatea"ples ha!e we shown our youthH 'hy #oes it see" that our proble" with -orruption ne!erstopsH If we are to -hane all our lea#ers now an# repla-e# the" with our youth, will we be surethat they shall o on the riht pathH 'hat is the riht pathH &re our youth e8uippe# with the s3illsne-essary to o on the riht wayH 'hat are the riht toolsH
)&%UES "ust be (rst+ Set your priorities+ 4a3e a ti"e table.
& -o"pla-ent lea#er is a #ea# lea#er.
& lea#er "ust -hallene the a--epte# nor"s an# -reate new paths for better"ent. The bene(tsfro" in!entions we are reapin -a"e fro" people who ha# the uts to brea3 away fro" a--epte#beliefs.
They are trailblaers an# pioneers who ha# to sa-ri(-e an# in!est on what is unsure in the hopethat they will be able to -reate so"ethin new. The bra!e are people who are afrai# of what"iht happen but are willin to fa-e fear in the hope that they -oul# #o so"ethin better.
& lea#er is so"eone who is willin to try an# try an# try an# try an# try. & lea#er is so"eone whois not afrai# to fail.
& lea#er is so"eone who a--epts failure as if it were su--ess. $or life is a su""ation of su--essan# failure. It is only throuh failures that we learn an# appre-iate the sweetness of !i-tory.
& lea#er un#erstan#s the i"portan-e of re"ainin stea#fast in the battle of bein the (rst.& lea#er is asserti!e+ 5e always thin3s of what -oul# be instea# of what -oul# ha!e been ha# hetrie#+ It is better to ha!e trie# an# faile# but %E&RNE* throuh the pro-ess, than not to ha!e trie#at all+
Our -hallene to#ay is on how we -oul# (ht the reatest ene"y in our -ountry. 'e "ust (htan# era#i-ate po!erty. The solution has always been in front of us. &s the sayin oes, Pi!e a"an a (sh an# he li!es for a #ay. Tea-h hi" to (sh an# he li!es a lifeti"e.Q It is how we brinliht to others.It is how "u-h we i!e an oraniation as stu#ents.It is how "u-h we ha!e helpe#others.
If we -are, we i!e e!erythin.'E 4UST see the nee#s of others.If we want to row, we nee# to#e!elop our youner eneration of $ilipinos. But #i# you 3now that our -ountry is eperien-in aproble" with e#u-ation in infrastru-ture an# in the "e#iu" of tea-hin itselfH 5ow "any of youare ha!in #iD-ulties with basi- "athH 5ow "any of you are ha!in #iD-ulties in s-ien-eH
E*UC&TION for &%% is the solution to (ht 0O)ERTY. One fourth of the worl# population isune#u-ate#. In the 0hilippines, 0O)ERTY is the "ain ene"y.
'e "ust a##ress this by pro!i#in e#u-ation. Our "ini"u" basi- solution "ust be to "a3e ourpeople %ITER&TE. %itera-y has a #i1eren-e with e#u-ation. %itera-y is si"ply trainin our peoplein CRITIC&% Thin3in. 5ow "any -ar a--i#ents in!ol!in tru-3 #ri!ers, eepney #ri!ers, tri-y-le#ri!ers an# e!en pri!ate -ar #ri!ers happen in our -ountryH 'hat -oul# be the -auseH Coul# it bethat they were not tauht proper roa# -ourtesy an# safetyH
5ow #o we tea-h the"H *o we "a3e the" roa#/e#u-ate#H
*o we "a3e the" literateH
&s of present, Rotary International is pro"otin the Con-entrate# %anuae En-ounter 0rora",where %ITER&CY is i"ple"ente# throuh a-ti!ity learnin !ia roup a-ti!ities. It fo-uses on thea-ti!ities in tea"/buil#in wor3shops.
& lea#er is responsible for the fate of the roup. &ny wron #e-ision a1e-ts the whole roup. The
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path -hosen by a lea#er, whether riht or wron, will #e-i#e the fate of the followers. Thus,lea#ership is a reat responsibility.
& lea#er -annot put his interest (rst o!er his followers. The li!es of his followers #epen# on hi".BENE)O%ENCE, 'IS*O4, TRUST'ORT5INESS, COUR&E, *ISCI0%INE+
The -hara-ters of a lea#er are: enerous, respe-tful, rihteous, -ourteous, wise, analyti-al,
trustworthy, #is-ipline#, -ouraeous, -on-erne#, sees opportunity, fair to e!eryone, has oo# u#"ent. Fu#"ent is not a "atter of enery or intellien-e but one of attention to #etails an#thorouhness in in!estiation.
6uestion by 8uestion, one -an rea-h the botto" of the 8uestion an# the root -ause. Trustworthiness "eans that so"eone is -re#ible, ban3able. & lea#er "ust ful(ll his wor# no"atter what the -ost.
& trustworthy person is able to inspire willin obe#ien-e by puttin hi"self in the shoes of another an# be able to e"pathie with hi".
Un#erstan#in a follower is a 3ey to un#erstan#in their nee#s. 0eople ha!e a -o""on#eno"inator in ter"s of basi-s nee#s, rear#less of ra-e an# nationality, -are an# -on-ern. &lea#er has to be 3in# to his people. This is shown in how he treats his subor#inates. 5e fosters"utual un#erstan#in with his followers. 5e is fa"iliar with who they are an# he 3nows the"personally.
& lea#er "ust hol# his people a--ountable an# "ust "anae on a -lear syste" of rewar# an#punish"ent a--or#in to the in#i!i#uals -apability. Reulations an# syste"s i"ple"entation"ust be stri-t an# thorouh. One "ust be -ons-ious on the hih stan#ar#s fro" beinnin toen#.
& lea#er "ust see to it that e!erythin is #one riht. E!ery blessin -o"es fro" abo!e. o# hasi!en us our blessins, o# has -hosen US to be blesse# for he 3nows that the B%ESSINS "ustbe i!en to enerous people for the" to sprea# an# help people in nee#. It is our ti"e to i!eba-3 to O* our blessins by helpin our fellow $ilipinos, our fellow 0anasinenses.
'hen our ti"e shall ha!e -o"e an# we are to en# our life in this worl#, we will ne!er be sorry fornot ha!in a--u"ulate# "ore wealth, but rather we will be sorry for not ha!in ta3en theopportunity to spen# "ore ti"e with our lo!e# ones, for not ha!in helpe# others when we ha#the opportunity to #o so.
In the en#, we shall not be u#e# with the wealth we ha!e a--u"ulate# but rather on the oo#we ha!e #one. E!en when we are full of life, we -an ne!er (n# -ontent"ent on "aterial thins.
&s Blaise 0as-hal theorie#, &S 5U4&NS, there will always be a O*/shape# !a-uu" insi#e of usthat only O* -an (ll. The OO* that we #o to people is what O* as3s of us.Our purpose in lifeis to ha!e a #e(ne# purpose of li!in: to %O)E an# 5E%0 people.
Riht now, we ha!e with us the "e"bers of a US "e#i-al "ission at the Reion ; 4e#i-al Centerbein -on#u-te# as SER)ICE to 5u"anity. Ser!in an# i!in without epe-tin anythin in
return, e-ept the ful(ll"ent of ust ha!in #one it an# helpin people in nee#.
It is their sharin, -arin, lo!in that "a3es the" true lea#ers. 'ith people li3e the", we are sureto ha!e a better worl#. o# has been oo# to the" be-ause 5e 3nows that they will be oo# toothers. 'e are now li!in witness to this. They are sharin their blessins throuh their freeser!i-e, their ti"e in the 0hilippines an# e!en spen#in for it. They are e!en plannin on#onatin "e#i-al e8uip"ent.
One "iht as3: PI ust ha!e enouh to sur!i!e. Then, how -oul# I "a3e a #i1eren-eHQ
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&ll of us ha!e blessins an# the best blessin O* has i!en us is TI4E. %et us spen# it wisely.'e-annot 3eep it or rewin# it. So use our #ays wisely, -arefully an# with inspiration for e!ery"o"ent be-ause to#ay shall ne!er -o"e ba-3. Spen# ti"e with the fa"ily, spen# ti"e withO*, spen# ti"e to helpin othersV
%&ST%Y, I$ YOU &I4 TO BE & %E&*ER, YOU 5&)E TO BE T5E SER)&NT. TRUE %E&*ERS5I0 ISSER)&NT5OO*.
%ET FESUS C5RIST BE OUR 4O*E%. 5E S&CRI$ICE* E)ERYT5IN TO SER)E &N* 4&GE &*I$$ERENCE.
& %E&*ER IS & SER)&NT '5O 5&S %E$T & %E&CY // & %E&CY T5&T IS %&STIN9 $OR T5E BEST%E&CY & %E&*ER COU%* I)E IS T5E %E&CY O$ %&STIN INS0IR&TION.
Inspirin others to help others see that the best way to li!e this !ery, !ery, !ery pre-ious ift fro"O* -alle# %I$E is to enae in a-ti!ities that -ount+ %et us "a3e a #i1eren-e+++ Now.
Posted 1st April 2013 byAGINGLAWYER
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7.
FEB
8
Exclusionary Rule
The E7C%USION&RY RU%E is a u#i-ially -reate# re"e#y use# to #eter poli-e"is-on#u-t in obtainin e!i#en-e. Un#er the e-lusionary rule, a u#e "aye-lu#e in-ri"inatin e!i#en-e fro" a -ri"inal trial if there was poli-e"is-on#u-t in obtainin the e!i#en-e. 'ithout the e!i#en-e, the prose-utor"ay lose the -ase or #rop the -hares for la-3 of proof. This rule pro!i#esso"e substanti!e prote-tion aainst illeal sear-h an# seiure. The E7C%USION&RY RU%E is sub)ect to four main e'ceptions. The tainte#e!i#en-e is a#"issible if:
;. it was #is-o!ere# in part as a result of an in#epen#ent, untainte# sour-e9 or
2. it woul# ine!itably ha!e been #is-o!ere# #espite the tainte# sour-e9 or
<. the -hain of -ausation between the illeal a-tion an# the tainte# e!i#en-e istoo sli" >attenuate#?9 orthe sear-h warrant not base# on probable -ause was ee-ute# by o!ern"ent aents inoo# faith >-alle# the oo# faith e-eption?. The oo# faith e-eption #o-trine is ane-eption to the e-lusionary rule pro!i#es that illeally athere# e!i#en-e -an bea#"itte# at trial if poli-e oD-ers ha!e reason to belie!e their a-tions are leal. nderthe original e'clusionary rule, police were strictly responsible for theirviolations of constitutional law. The oo# faith rule per"its the -ourts to -onsi#erthe "ental state of the poli-e oD-er.
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So far the new rule has been -on(ne# to errors "a#e by u#es or leislatures. If the u#e, for ea"ple, "a3es a "ista3e in issuin a warrant, the poli-e oD-er is notresponsible if he ha# oo# reason to belie!e that the warrant was !ali#. The rationalefor this -hane is that the e-lusionary rule is #esine#, as a last resort, to punish poli-efor "is-on#u-t. 'hen u#es an# leislatures "a3e "ista3es, the hiher -ourts ha!e"etho#s of -orre-tin the", so rationale behin# the e-lusionary rule is inappli-able.
Posted 8th February 2013 byAGINGLAWYER
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8.
FEB
8
PROCEDURAL DUE PROCESS
The 'ourt provided the ,. as the re#uisites - PROCE$URAL $UEPROCESS ina#"inistrati!e pro-ee#ins:;. !he right to a hearing, whi-h in-lu#es the riht to present ones -asean# sub"it e!i#en-e in support thereof.
2. Tribunal "ust consider the evidence presente#.
<. Decision must have something to support it.
=. #vidence must be substantial >"ore than a "ere Ps-intillaQ, rele!ante!i#en-e& reasonable "in# a--epts to support a -on-lusion?
. Decision must be rendered on the evidence presented at thehearin, or at least -ontaine# in the re-or# or #is-lose# to the partiesa1e-te#.
. Tribunal or bo#y or any of its u#es must act on its or his ownindependent consideration of the law and facts of the
controversy an# not si"ply a--ept the !iews of a subor#inate in arri!in ata #e-ision.
M. The boar# or bo#y shoul#, in all -ontro!ersial 8uestions, ren#er its #e-isionin su-h a "anner that the parties to the pro-ee#in -an now the variousissues involved, and the reason for the decision rendered.
Posted 8th February 2013 byAGINGLAWYER
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9.
FEB
8
Wire Tapping
WIR#!4//I%; 400OW#D I% =O00OWI%; 24S#S O%0:F&. Use of su-h re-or# or any -opies thereof as e!i#en-e in any -i!il, -ri"inalin!estiation or trial of o1enses "entione# below: Se-s. ;, par. 2 B. &ny pea-e oD-er,who is authorie# by the written or#er of the Court >RTC within whose territorial
uris#i-tion the a-ts for whi-h authority is applie# for are to be ee-ute#?, to ee-ute
any of the a-ts #e-lare# to be unlawful in -ases in!ol!in the-ri"es of: Se-. <, par. ;;. treason2. espionae<. pro!o3in war an# #isloyalty in -ase of war=. pira-y. "utiny in the hih seas. RebellionM. -onspira-y an# proposal to -o""it rebellion. in-itin rebellion. se#ition;L. -onspira-y to -o""it se#ition;;. in-itin to se#ition;2. 3i#nappin as #e(ne# by the R0C
;<. !iolations of C& ;, punishin espionae an# other o1enses aainst nationalse-urity.
The 'RITTEN OR*ER shall only be issue# or rante# upon writtenappli-ation with the ea"ination un#er oath or aD r"ation of theappli-ant an# the witnesses he"ay pro#u-e an# "ust show:a? That there are reasonable roun#s to belie!e that any of the -ri"es enu"erate#herein has been -o""itte# or is bein -o""itte# pro!i#e#, that in -ases in!ol!in theo1enses of rebellion, -onspira-y an# proposal to -o""it rebellion, in-itin to rebellion,se#ition, -onspira-y to -o""it se#ition, su-h authority shall be rante# only upon priorproof that a rebellion or a-ts of se#ition, as the -ase "ay be, ha!e a-tually been or are
bein -o""itte#9b) That there are reasonable roun#s to belie!e that e!i#en-e "ay be obtaine#
essential to the -on!i-tion of any person for, or to the solution of, or to the pre!entionof, any of su-h -ri"es9-? !hat there are no other means readily available for obtaining suchevidence.
2ontentsF ;. The i#entity of the person or persons whose -o""uni-ations,-on!ersations, #is-ussions, or spo3en wor#s are to be o!erhear#,
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inter-epte#, or re-or#e# an#, in the -ase of teleraphi- or telephoni--o""uni-ations, the teleraph line an# the telephone nu"ber in!ol!e# an#its lo-ation92. The i#entity of the pea-e oD-er authorie# to o!erhear,inter-ept, or re-or# the -o""uni-ations, -on!ersations, #is-ussions, orspo3en wor#s9 <. The o1ense or o1enses souht to be -o""itte#
or pre!ente#9 an# =. The perio# of the authoriation.#(ectivityF The authoriation shall be e1e-ti!e for the perio# spe-i(e# in theor#er whi-h shall note'ceed BC days from the date of issuance of the order, unless e'tended or renewed by the court upon beinsatis(e# that su-h etension or renewal is in the publi- interest.
0ro-e#ure:&ll re-or#ins "a#e un#er -ourt authoriation within = hours after theepiration of the perio# (e# in the or#er:;. Shall be #eposite# with the -ourt in a seale# en!elope or seale# pa-3ae9
2. shall be a--o"panie# by an aD#a!it of the pea-e oD-er rante# su-hauthority statin the nu"ber of re-or#ins "a#e, the #ates an# ti"es-o!ere# by ea-h re-or#in, the nu"ber of tapes, #is-s, or re-or#s in-lu#e# inthe #eposit an# -ertifyin that no #upli-ates or -opies are in-lu#e# inthe en!elope or pa-3ae #eposite# with the -ourt9<. shall not be opene#, or the re-or#ins replaye#, or use# in e!i#en-e ortheir -ontents re!eale#, e'cept upon order of the court, whi-h shall notbe rante# e-ept upon "otion, with #ue noti-e an# opportunity to be hear#to the person or persons whose -on!ersations or -o""uni-ations ha!e beenre-or#e#.0EN&%TY
&ny person who !iolates the pro!isions of this &-t, shall, upon -on!i-tion, bepunishe# by:;. i"prison"ent for not less than "onths or "ore than years9 an#2. with the a--essory penalty of perpetual absolute #is8uali(-ation fro"publi- oD-e if the o1en#er be a publi- oD-ial at the ti"e of the -o""issionof the o1ense9 an#
&*4ISSIBI%ITY&ny -o""uni-ation or spo3en wor#, or the eisten-e -ontents, substan-e,purport, e1e-t or "eanin of the sa"e or any part thereof, or anyinfor"ation therein
-ontaine#, obtaine# or se-ure# by any person in !iolation of this &-t shall notbe a#"issible in e!i#en-e in any u#i-ial, 8uasi/ u#i-ial, or a#"inistrati!e hearin or in!estiation.
Posted 8th February 2013 byAGINGLAWYER
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10.
FEB
8
CHECK POINT - what to do
Che-3point Re8uire"ent;. C5ECG0OINTWC5OGE0OINT
O0ER&TIONS a. &uthority to establish -he-3pointW -ho3epointb. Re8uisites in the -on#u-t of -he-3point W -ho3epoint -. %i"itation of sear-hes at -he-3point W
-ho3epoint #. $lain #own or a--ostin !ehi-les e. 5ow to #eal with hostile situations ;. $leein )ehi-les 2. 5ostile *ri!ers2. RE0ORTIN RE6UIRE4ENT
&--or#in to the 0N0 operational pro-e#ures "anual, !ehi-le inspe-tions at
-he-3points are li"ite# to a !isual sear-h. 0asseners are not oblie# to
open the trun3, lo!e -o"part"ent, or bas insi#e the !ehi-le. Bo#y
sear-hes are not allowe#.
Gun ayaw n pasahero pabu3san an trun3 or-o"part"ent n sasa3yan, or an pa-3ae na #alanya, wala 3an "aaawa. If youha!e probable -ause >not "ere suspi-ion? that he ishi#in an illeal ite" hol# the !ehi-le an# se-ure asear-h warrant.Subalit, 3ailanan "ain "ainat an pulis sapa3u"pis3a n naturan ilial na #roa, sapa3at"ay "ahipit na alituntunin an batas tun3ol saP-hain of -usto#yQX re8uire"ent.
&n "a alituntunin na ito ay "atatapuan saSe-tion 2;, para ;, &rti-le II, R& No. ;. 4aarin "a/#is"iss an 3aso #ahilsa hin#i pasuno# sa "a nasabin alituntunin ayon sa batas 3un saansinasabi :
PThe apprehen#in oD-eWtea" ha!in initial -usto#y an# -ontrol of the#rus shall, I44E*I&TE%Y after seiure an# -on(s-ation, physi-allyin!entory an# photoraph the sa"e in the presen-e of the a--use# or thepersonWs fro" who" su-h ite"s were -on(s-ate# an#Wor seie#, or hisWher
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representati!e or -ounsel, a representati!e fro" the "e#ia an# the*epart"ent of Fusti-e >*OF?, an# any ele-te# publi- oD-ial who shall bere8uire# to sin the -opies of the in!entory an# be i!en a -opy thereof: Q >5&NO 4U%& S& *ESISYON N COURT O$ &00E&%S, S0ECI&% T'ENTY/SECON* *I)ISION, S& P0EO0%E O$ T5E 05I%I00INES )S. TE%IN &N* 4ESI&SQ,
C&/.R. CR No. LLM</4IN, 2 4&Y 2L;;?Rule 2. C5ECG0OINTS
SECTION ;. &uthority to Establish Che-3points
The establish"ent of -he-3points "ust always be authorie# by the 0N0
an# "anne# by unifor"e# 0N0 personnel assine# in the area. Other
units #ire-tly in!ol!e# in an operation "ay establish "obile -he-3points in
-oor#ination with the Co""an#er of the UnitWStation in the area.
SECTION 2. Co"position
In the -on#u-t of -he-3point proper, the -he-3point tea" shall be
-o"pose# of, but not li"ite# to, the followin:
a. Tea" %ea#er >T%? / shall lea# an# ta3e responsibility in the
-on#u-t of -he-3point preferably an oD-er with the ran3
of at least 0oli-e Inspe-tor9
2 <b. Spotter / 0N0 personnel who will pointWpro(le suspe-te# !ehi-le
sube-t for -he-3point9
-. Spo3esperson / T% or "e"ber who is solely in -hare of
-o""uni-atin with the "otorists sube-t for -he-3point9
#. In!estiation Sub/tea" / in -hare of in!estiation an#
#o-u"entation of possible in-i#ents in the -he-3point to in-lu#e
issuan-e of TraD- Citation Ti-3et >TCT? or TraD-
)iolation Report >T)R?9
e. Sear-hW&rrestin Sub/Tea" / #esinate# to -on#u-t sear-h,
seiure an# arrest, if ne-essary9
f. Se-urity Sub/Tea" / tas3e# to pro!i#e se-urity in the -he-3pointarea9 an#
. Blo-3inW0ursuin Sub/Tea" / tea" tas3e# to blo-3Wpursue
Aeein suspe-tsW!ehi-le.
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SECTION <. ui#elines
a. Mobile checpoints are authorie# only when established in
-onun-tion with ongoing police operations. Only o?cially
mared vehicles shall be used in establishin "obile
-he-3points.
b. Che-3points "ay be establishe# when there is a nee# to arrest a
-ri"inal or fuiti!e fro" usti-e.
-. The -o"position of the personnel "annin the -he-3point shall
be left to the soun# #is-retion of the /%/ unit commander.
#. En-ourae the parti-ipation of, but not li"ite# to, the %o-al
o!ern"ent Units >%Us?, Ci!il So-iety roups, Non/
o!ern"ental Oraniations >NOs?, business oraniations,other -i!i- roups, "e#ia an# other sta3ehol#ers #urin
the -on#u-t of 0oli-e Che-3point.
e. The parti-ipation of the -i!ilians an# the presen-e of the "e#ia
in the -on#u-t of -he-3point "ust be -on(ne# only as
obser!ers to i!e poli-e a##itional eyes an# pro"ote
transparen-y of a-ti!ities in the area.
f. &ll -i!i- roups or oraniations to in-lu#e the "e#ia, who are
in-line# to parti-ipate in poli-e -he-3points, "ust be #uly
reistere# an# a--re#ite# by the 0N0 for su-h purpose. The
a--re#itation of the -i!ilian roups to oin in the -on#u-t
of -he-3point shall be a#"inistere# by the 0oli-e
Reional an# 0ro!in-ial OD-es.
. /%/ personnel manning the checpoint must have a presentable
appearance, wearing the prescribed /%/ uniform. %i3ewise, the
-i!ilian "e"bers "ust also be in their oraniations unifor" with
their na"es -onspi-uously #isplaye# for i#enti(-ation. In
no case shall the civilian components be allowed to bear +rearms
during the checpoint.
= h. In 4etro 4anila an# other "aor -ities, poli-e oD-ers "annin
the -he-3points shoul# not wear $iel# Ser!i-e Unifor"s >$SU? or
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bla-3 fatiues in lieu of the 0N0 eneral OD-e &ttire unless the
-on#u-t of -he-3point is a result of a 5ot 0ursuit Operation or a
5ih Ris3 Che-3point. !he use of mi'ed uniforms ;O4, =S,
blac fatigueE in the conduct of checpoint is strictly prohibited.
i. &s "u-h as possible, the area where the -he-3points shall
be establishe# "ust be properly lihte#, with a noticeable
signage bearing the name of the /%/ unit and the participating
organi<ationGs visibly displayed in the checpoint site, to prevent
any apprehension from the public of the e'istence of the same.
. *ue -ourtesy "ust be a--or#e# to the "otorists, tra#ers an# the
-o""uters #urin the -on#u-t of -he-3point.
3. The spo3esperson "ust reet the people sube-t for inspe-tion,as3 apoloy for the in-on!enien-e, appeal for un#erstan#in
an# state the reasons of the operation. Than3 the personWs
sear-he#.
l. E-ept in the a-tual -o""ission of -ri"e #urin -he-3points
or in a hot pursuit operation, the -on#u-t of inspe-tion
of !ehi-le #urin a routine checpoint is limited to a visual search
an# therefore "ust be #one with #ue respe-t to inno-ent
passersby, -o""uters, or bystan#ers an# be -on#u-te#
in a "anner that is least in-on!enient to the publi-. Sear-hes,
seiures, an# arrest "a#e #urin -he-3points shall be within the
a"bit of the law.
". )iolationsWInfra-tions of the law #is-o!ere# #urin the
-he-3point operation shall be epe#itiously #ispose# of
followin leal pro-e#ures. 4rrested persons must be apprised
of their rights in reference to the Miranda Doctrine.
n. The se-urity of the 0N0 personnel, an# "ost espe-ially that of
the -i!ilians parti-ipatin in the -he-3point operation, "ust be
i!en #ue -onsi#eration in the plannin stae of the operation.
o. Only the se-urity sub/tea" an# blo-3inWpursuin sub/tea"
"e"bers are allowe# to #isplay hih/powere# (rear"s
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an# are positione# where they -an best pro!i#e se-urity
to the Che-3point tea" in-lu#in the"sel!es.
p. Che-3point personnel "ust not li"it their tas3 in law
enfor-e"ent an# -ri"e #eterren-e. They shoul# also be rea#y to
pro!i#e poli-e assistan-e in the !i-inity e.., i!in #ire-tions to
in8uirin "otorists or passersby.
8. The 0N0 operatin units "ust pro!i#e their own loisti-al an#
(nan-ial re8uire"ents to a!oi# soli-itin support fro"
the -i!ilians for their personal or operational nee#s.
r. 0oli-e personnel assine# in the -he-3point shall not "ul-t,
etort, or harass #ri!ers, passeners, an# tra#ers. *esinate# T% assine# atthe -he-3point shall be responsible for the a-tuations an# beha!ior of his
personnel an# shall be a--ountable un#er the #o-trine of Co""an#Responsibility.
s. )oluntary o1ers of -ash or in 3in# fro" the tra#ersW"otorists
passin the -he-3point shoul# be absolutely refuse# be-ause
the o1er "iht be "is-onstrue# as a bribe.
t. The poli-e an# the -i!ilian -o"ponent "ust separately sub"it
their &fter Che-3point Operation Report to their respe-ti!e units
or oraniation for proper e!aluation of the eD-a-y of the
operation.
SECTION =. 0ro-e#ure in the Con#u-t of Reular 0oli-e Che-3point
a. Unit Co""an#ers shoul# infor" 5iher 5ea#8uarters >556s?
Ta-ti-al Operations Center >TOC? an# -oor#inate with a#a-ent
units, su-h as, 40S, C0S, NSUs, 0ubli- Safety 4anae"ent
$or-es an# other frien#ly for-es, personally or throuh an
oD-ial representati!e, before -o""en-in with the -he-3point to a!oi#"isen-ounter an# any untowar# in-i#ent9
b. The T% shall brief the 0N0 personnel, as well as the -i!ilian
-o"ponents present, in-lu#in the "e#ia rear#in the
proper -on#u-t of the -he-3point an# their assine# tas3s prior
to their #eploy"ent9
-. The T% shall initially a--ount for the 0N0 personnel an# -he-3
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if they are in the pres-ribe# unifor". 0N0 personnel -on#u-tin
the -he-3point shall #isplay their na"eplates at all ti"es.
If wearin a a-3et, the Aap of the a-3et bearin their
na"es shoul# also be #isplaye#. %i3ewise, the e8uip"ent
will in-lu#e, but not li"ite# to, the followin:
-E Mared /atrol vehicles*
HE =irearms with basic load of ammunition*
E &andheld and vehicle base radios*
JE =lashlights*
KE Megaphone* and
BE Signage
.; 'arnin sins: >e.., Slow#own Che-3point &hea#,2hecpoint /0 Meters 4head, et-?9 an#.2 Infor"ation sins: Na"e of the Unit an# T%. #. The Spotter of the tea" will be pre/positione# in a pla-e wherehe -an best pointWpro(le suspe-te# !ehi-les prior to theirapproa-h to the -he-3point9e. Sear-hW&rrestin Sub/Tea" shall Aa #own suspe-te# !ehi-lesan# -on#u-t sear-h, seiure an# arrest if ne-essary9 Mf. &rreste# persons an# seie# ite"s shall be turne#/o!er to thein!estiation sub/tea" for #o-u"entation an# proper
#isposition9. In the e!ent that the -he-3point is inore#, an# the o--upantsof the !ehi-le open (re on the personnel "annin the-he-3point, reasonable force to overcome the suspectsLaggression may be employed*h. Infor" 5iher 5ea#8uarters before ter"inatin the -on#u-t ofChe-3point9i. The T% shall -on#u-t #ebrie(n of personnel after ter"ination of the Che-3point9 an# . Unit Co""an#er shall sub"it &fter &-ti!ity Report to 5iher5ea#8uarters.
S#2!IO% K. /rocedure in the 2onduct of &asty 2hecpointsa. 0N0 personnel -on#u-tin "obile patrols on boar# patrol!ehi-les will initially "an the -he-3point, to be -o"ple"ente#by a##itional personnel upon arri!al of reinfor-e"ent. &-ollapsible sinae with "ar3ins: PStop, 0oli-e Che-3pointQ, indicating also the name of the concerned policeo?ceGunit conducting the operations, will be use# for
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the purpose9b. In the -ase of 0N0 personnel -on#u-tin Internal Se-urityOperation >ISO? or foot patrol, where a !ehi-le an# -ollapsiblesinae is not rea#ily a!ailable, the -he-3point shall be "anne#initially by sai# personnel9
-. The tea" shall i""e#iately infor" 5iher 5ea#8uarters of theea-t lo-ation of the 5asty Che-3point to in-lu#e personnelin!ol!e# an# a!ailable e8uip"ent9#. In a hasty -he-3point, where there is a possibility of hihris3 stop an# hih ris3 arrest, an# that there is anuren-y for troop #eploy"ent an# that publi- safety "iht be atris3, the parti-ipation of the -i!ilian -o"ponent an# the presen-eof the "e#ia in the -he-3point operation shall not be allowe#9e. The Unit Co""an#er of the personnel "annin the hasty-he-3point shall i""e#iately sen# a##itional personnel,e8uip"ent an# sinae to the area in or#er to -on!ert the 5asty
Che-3point into a Reular Che-3point9 an#f. &s soon as the 5asty Che-3point is -on!erte# into a ReularChe-3point, T% shall follow the pro-e#ures on Se-tion =pararaph - of this Rule.SECTION . eneral 0ro-e#ure to be $ollowe# 'hen Che-3points areInore#.
'5EN C5ECG0OINTS &RE INORE*, T5E $O%%O'IN S5&%% BE OBSER)E*:
a. In the e!ent that -he-3pointsWroa#blo-3s are inore# an# the"otoristsWsuspe-ts bu"pe# the roa#blo-3 in an atte"ptto elu#e arrest or a!oi# inspe-tion, the !0 shall immediatelycontact ad)acent units to inform them of the situationso that these units can conduct dragnet operation, whilethe "e"bers of the blo-3inWpursuin tea" shall blo-3or pursue the errant Aeein "otorist9b. 'arnin shots shall not be allowed #ue to the -onfusion it "ay-reate to the #ri!er an# passeners of the !ehi-le. 4eaphonesor poli-e sirens shall be use# instea# #urin the pursuit. Theplate nu"ber of the !ehi-le shall be note# an# i!en to other
units in a#a-ent areas to pre!ent the possibility that the !ehi-le"ay elu#e the pursuit operation9 an#-. In the event that the occupants of the vehicle open +re on thepersonnel manning the checpoint, reasonable force toovercome the suspectsL aggression may be employed.
Posted 8th February 2013 byAGINGLAWYER
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