Revalida Questions

1. Statutory Construction vs. Constitutional Construction

A Constitutional Construction is to ascertain the intent or purpose of the framers of the
constitution as expressed in its language. Its fundamental principle is to give effect to
the intent of the framers of the organic law and of the people adopting it.

Statutory Construction is the act or process of discovering/expounding the meaning and

intention of the authors of the statutes with respect to its application to a given case,
where that intention is rendered doubtful, among others, by reason of the fact that the
given case is not explicitly provided in that law.

2. Amendments, Repeal, Codification, and Revision

Amendment is the change or modification by addition, deletion, or modification of a
statute that survives in its amended form. The amendment of a statute is effected by the
enactment of an amendatory act modifying or altering some provisions of a statute
either expressly or impliedly.

Revision and Codification is to restate the existing laws into one statute and simply
complicated provisions, and make the laws on the subject easily found.

The power to repeal a law is as complete as the power to enact one. Repeal is the
action of revoking or annulling a law or congressional act.

3. What is Presumption of Constitutionality? What are the requisites of

Judicial Review?
Presumption of Constitutionality is the principle wherein all acts made by the legislative
is presumed to be constitutional in all parts of it.

Requisites of Judicial Review are:

- Lis Mota – An actual controversy exist
- Justiciability – the matters that a court can adjudicate.
- Locus Standi – Legal standing of the person filing the case; They must have direct
injury from the said controversy.
- Ripeness – Earliest possible time that such controversy arises.

4. How a bill becomes a law and what are the bills that must originate from
the House of Representatives?
- Proposed legislative measure introduced by a member of congress for
enactment into law
• Shall embrace only one subject which shall be expressed in the title
• Singed by authors
• File with the Secretary of the House
• Bills may originate from either lower or upper House
• Exclusive to lower house
• Appropriation
• Revenue/ tariff bills
• Bills authorizing increase of public debt
• Bills of local application
• Private bills
A. First reading – reading the number and title, referral to the appropriate committee
for study and recommendation
• Committee – hold public hearings and submits report and
recommendation for calendar for second reading
B. Second reading – the bill is read in full (with amendments proposed by the
committee) – unless copies are distributed and such reading is dispensed with
i. Bill will be subject to debates, motions and amendments
ii. Bill will be voted on
iii. A bill approved shall be included in the calendar of bills for 3rd
reading
C. Third reading – bill approved on 2nd reading will be submitted for final vote by
yeas and nays,
i. Bill approved on the 3rd reading will be transmitted to the “Other
House” for concurrence (same process as the first passage)
ii. If the “Other House” approves without amendment it is passed to
the President
iii. If the “Other House” introduces amendments, and disagreement
arises, differences will be settled by the Conference Committees of
both houses
iv. Report and recommendation of the 2 Conference Committees will
have to be approved by both houses in order to be considered pass
D. Submitted to the President; Such bill such be signed by the both Senate
President and Speaker and Secretary General of HoR and Secretary of Senate.
E. The president may:
i. Approves and signs
ii. Vetoes (within 30 days after receipt) – Vetoed bill can be
overturned by the Congress by voting on it with 2/3 of both houses
voting separately
iii. Inaction

5. Dura Lex Sed Lex, Ejusdem generis and Expressio Unius est Exclusion
Alterius

Dura Lex sed Lex – The law is harsh but it is the law.

Ejusdem Generis (The Same Kind Or Species) - Where a general word or phrase
follows an enumeration of particular and specific words of the same class or where the
latter follow the former, the general word or phrase is to be construed to include, or to
be restricted to, persons, things or cases akin to, resembling, or of the same kind or
class as those specifically mentioned.

Expressio unius est exclusion alterius – The expression of one or more things of a
class implies the exclusion of all not expressed, even though all would have been
implied had none been expressed; opposite the doctrine of necessary implication

6. What are the Limitations on the power to construe of the Judiciary

Department?

- Courts may not enlarge nor restrict statutes.

- Courts are not authorized to insert into the law what they think should be in it.
They should not by construction, revise even the most arbitrary or unfair
action of the legislature, nor rewrite the law to conform to what they think
should be the law.
- Courts not to be influenced by questions of wisdom. Courts do not sit to
resolve the merit of conflicting theories. Courts do not pass upon questions of
wisdom, justice or expediency of legislation, for it’s not within their province to
supervise legislation and keep it within the bounds of common sense.
- Should not revise the even the most arbitrary and unfair action of the the
legislature.
- Cannot rewrite the law to conform with what they think the law should be.
- Cannot interpret into the law a requirement that which law does not prescribe.
- When the statute contains no limitations in its operation or scope, the court
should not engraft any.

7. Parts of the Statute

● Title of statute – Shall embrace one title one subject rule to avoid fraud and log
rolling legislation.
● Enacting clause – Written immediately after the title. States the authority by which
the act is enacted.
● Preamble – Explanation of finding facts, found after the enacting clause.
● Purview of statute – The part which tells the law is about.
● Separability clause – It states if any provision is unconstitutional or invalid, the
remaining shall not be affected.
● Repealing clause – contains which previous statute or provision of statute that
deemed to repeal, annul or revoke
● Effectivity Clause – relates to Article 2 of the NCC.

8. Intrinsic Aids vs. Extrinsic Aids

- Intrinsic Aids - Aids in construction found in the printed page of the law such
as punctuation marks, preamble, lingual text, etc.
- Extrinisic Aids - extraneous facts and circumstances outside the printed page
such legislative history, president’s message and legislative debates, views,
and deliberations.

9. Ex Post Facto Law vs. Bill of Attainder

Ex post Facto Law - Constitution provides that no ex post facto law shall be enacted. It
also prohibits the retroactive application of penal laws which are in the nature of ex post
facto laws. Ex post facto laws are any of the following:
• Law makes criminal an act done before the passage of the law
and which was innocent when done, and punishes such act
• Law which aggravates a crime, makes it greater than it was, when
committed
• Law which changes the punishment & inflicts a greater
punishment than that annexed to the crime when committed
• Law which alters the legal rules of evidence, authorizes
conviction upon less or different testimony than the law required
at the time of the commission of the offense
• Law which assumes to regulate civil rights and remedies only, but
in effect imposes penalty of deprivation of a right for something
which when done was lawful
• Law which deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as protection of
a former conviction or acquittal, or proclamation of amnesty.

Bill of Attainder - legislative act which inflicts punishment without judicial trial.
Accordingly, if a statute is a Bill of Attainder, it is also an ex post facto law.

10. Mandatory vs. Directory and Strict vs. Liberal Construction

MANDATORY V. DIRECTORY STATUTE

MANDATORY - Commands either positively that something be done in a particular way,
or negatively that something be not done; it requires OBEDIENCE, otherwise void.
“SHALL AND MUST ARE GENERALLY USED.”
EX. Statutes granting benefits, and conferring power.

DIRECTORY - Permissive or discretionary in nature and merely outlines the act to be

done in such a way that no injury can result from ignoring it or that its purpose can be
accomplished in a manner other than that prescribed and substantially the same result
obtained; confer direction upon a person; non-performance of what it prescribes will not
vitiate the proceedings therein taken. “MAY” IS GENERALLY USED.
Ex. Elections laws, prescribing guidance for officers.

STRICT v. LIBERAL CONSTRUCTION

STRICT - Construction according to the letter of the statute, which recognizes nothing
that is not expressed, takes the language used in its exact meaning, and admits no
equitable consideration. GRANTING RIGHTS

LIBERAL - Equitable construction will enlarge the letter of a statute to accomplish its
intended purpose, carry out its intent, or promote justice. FOR GENERAL WELFARE.

11. Doctrine of Necessary Implication vs Doctrine of Operative Fact

Doctrine of Necessary Implication - states that what is implied in a statute is as much

a part thereof as that which is expressed.

Doctrine of Operative Fact - recognizes the existence of the law or executive act prior
to the determination of its unconstitutionality as an operative fact that produced
consequences that cannot always be erased, ignored or disregarded. In short, it nullifies
the void law or executive act but sustains its effects.