DOCTRINE OF NECESSARY IMPLICATION

Statutory Construction . NEU College of Law

Reason of Doctrine

No statute can be enacted that can provide all the details involved in its application. What is thought, at the time of enactment, to be an all-embracing legislation may be inadequate to provide for the unfolding events of the future. So-called gaps in the law develop as the law is enforced. One of the rules of SC used to fill in the gap is the doctrine of necessary implication.

Doctrine of Necessary Implication

What is implied in a statute is as much a part thereof as that which is expressed. Every statute is understood by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, and to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms.

Remedy implied from a right

When there is a right, there is a remedy for violation thereof. (UBI JUS, IBI REMEDIUM) The fact that the statute is silent as to the remedy does not preclude him from vindicating his right, for such remedy is implied from such right. The principle assumes the existence of a right.

Grant of jurisdiction

Settled is the rule that jurisdiction to hear and decide cases is conferred only by the Constitution or by statute. It cannot be conferred by the Rules of Court. Nor may jurisdiction be implies from the language of a statute, in the absence of a clear legislative intent to that effect.

What may be implied from grant of jurisdiction

The grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ all writs, processes and other means essential to make its jurisdiction effective. Courts have the power to do all things which are reasonably necessary for the administration of justice within the scope of its jurisdiction and for the enforcement of its judgments and mandates, even though the court may be called to decide matters which would not be within its cognizance as original causes of action.

Example

Prosecution of Anti-Graft law, includes power to suspend government official from office AA with Q-J functions has the power to order the execution ofcustomerservice@clubastoriaplaza.com its decision; has contempt power

Grant of power includes incidental power

Where a general power is conferred or duty enjoined, every particular power necessary for the exercise of one or the performance of the other is also conferred. Incidental powers are those which are necessarily included in, and are therefore of lesser degree than the power granted.

Example

The power to establish an office, includes the authority to abolish it The power to approve a license, includes the power to revoke it The power to deport includes the power to order the arrest of the undesirable alien

Grant of power excludes greater power

The principle that the grant of power includes all incidental powers necessary to make the exercise thereof effective implies the exclusion of those which are greater than that conferred.

Example

The power of supervision does not include the power of control. (Acts of control are greater than those of supervision) The power to reorganize the executive department, bureaus and offices, does not embrace authority to deprive the courts of certain jurisdiction. The power to regulate, does not include the power to prohibit.

What is implied should not be against the law

The statutory grant of power does not include such incidental power which cannot be exercised without violating the Constitution, the statute conferring the power, or other laws on the same subject.

Illegality of act implied from prohibition

Where a statute prohibits the doing of an act, the act done in violation thereof is by implication null and void. The prohibited act cannot serve as foundation of a cause of action for relief.

Illegality of act implied from prohibition

Ex dolo malo non oritur action - No man can be allowed to found a claim upon his own wrongdoing or inequity Nullus commodum capare potest de injura sua propria. - No man should be allowed to take advantage of his own wrong

In pari delicto
-

In pari delicto potior est condition defendentis. in equal fault two (or more) people are all at fault or are all guilty of a crime Parties to an act prohibited by the statute shall be left where they are. The law will not aid either party to an illegal agreement; it leaves the parties where it finds them.

Clean hands doctrine

He who comes to court, must come to court with clean hands.

Exception to pari delicto

It will not apply when its enforcement or application will violate an avowed fundamental policy or public interest. Although the parties are in pari delicto, the court may interfere and grant relief, even though the result may be that a benefit will be derived by plaintiff who is in equal guilt with defendant. EX: homestead law

What cannot be done directly cannot be done indirectly

Quando aliquid prohibetur ex directo, prohibetur et per obliquum. - What the law prohibits cannot, in some other way, be legally accomplished. - EX: BOD cannot loan to director, even to his wife. - Husband and wife, and universal partnership.

No penalty for compliance with law

A person who complies with what a statute requires cannot, by implication, be penalized thereby.