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6.

SECTION HEADINGS / HEAD NOTES / EPIGRAPHS (intro quotation):

WHAT IS IT?

These are the titles provided for each section or division of a statute

This provides a convenient index to the context of its provisions for easy reference or
classification.

Eg. Definition of Terms, Separability Clause, Repealing Clause, Date of Effectivity

WHEN IS IT USED?

In case of doubt or ambiguity in the meaning of the law or intention of the legislature,
they may be consulted in aid of interpretation.

Not given much weight

HOW IS IT USED?

If statutes are divided into several subjects or articles, having respective appropriate
headings, it must be presumed that the provisions of each article are controlling upon
the subject thereof and operate as a general rule for settling such questions therein.

7. LEGISLATIVE INTENT / SPIRIT OF THE LAW

WHAT IS IT?

The intent or spirit of the law is the law itself.

For this reason, legislative intent or spirit is the controlling factor in the application and
interpretation of a statute.

Usually provided in the first Section of a statute, or in the whereas clauses.

WHEN IS IT USED?

When there is ambiguity in a statute or where a statute is susceptible of more than one
interpretation, courts may resort to the explanatory note to clarify the ambiguity and
ascertain the purpose or intent of the statute.

HOW IS IT USED?

Used as an intrinsic aid by referring to the Explanatory notes which contain statements
of the reason or purpose of the bill, as well as argument advanced by its author in arguing
its passage.

The statute may then be so construed as to give effect to the purpose or intent as
disclosed in its explanatory note.

The primary source of legislative intent is the statute itself. What the law, by its
language, means: what it comprehends, what it covers or embraces, what it limits or
confines

8. PURPOSE OF LAW

WHAT IS IT?

The reason why a particular statute was enacted by the legislature

The reason why a particular statute was enacted by the legislature

WHEN IS IT USED?

In determining whether a statute would still be fit to be used in a


certain era or period

Eg. Is the law still applicable?

The purpose or object of the law or the mischief intended to be


suppressed are important factors to be considered in its construction.

9. POLICY OF LAW

WHAT IS IT?

WHEN IS IT USED

A tool used to determine if the law is for a sound public policy

In doubt of the applicability of a statute

HOW IS IT USED

A statute of doubtful meaning must be given a construction that will


promote public policy.

For the common good

10. LINGUAL TEXTS:

WHAT IS IT?

The original texts of statutes

Eg. Codigo Penale, Original Civil Code, etc.

WHEN IS IT USED?

Used when there is confusion between the original texts and the
translated texts

HOW IS IT USED?

Unless otherwise provided, where a statute is officially promulgated in


English and Spanish, the English text shall govern, but in case of
ambiguity, omission or mistake, the Spanish may be consulted to
explain the English text.

The language in which a statute is written prevails over its translation.