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Statutory Construction.

Is an art of seeking the intention of the legislature in enacting a statute and apply
it to a given state of facts.

Concept of Statutory Construction

Statutes; Construction defined.Construction is the art or process of discovering and expounding the
meaning 'and intention of the authors of the law with respect to its applica-tion to a given case, where
that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not
explicitly provided for in the law (Black, Interpretation of Laws, p. 1). In the present case, the question of
whether or not the scheme proposed by the appellee is within the coverage of the prohibitive provisions
of the Postal Law inescapably requires an inquiry into the intended meaning of the words used therein.
This is as much a question of construction or interpretation as any other. Caltex (Philippines), Inc. vs.
Palomar, 18 SCRA 247, No. L-19650 September 29, 1966

Daoang and Municipal Judge of San Nicolas

Same; Same; Same; Same; Statutory Construction; Rule that a statute clear and unambiguous on its face
need not be interpreted.Well known is the rule of statutory construction to the effect that a statute
clear and unambiguous on its face need not be interpreted; stated otherwise, the rule is that only
statutes with an ambiguous or doubtful meaning may be the subject of statutory construction.

Same; Same; Same; Same; Same; In enacting the Civil Code, the legislator obviously intended that only
those persons who have certain classes of children are disqualified to adopt.Besides, it appears that
the legislator, in enacting the Civil Code of the Philippines, obviously intended that only those persons
who have certain classes of children, are disqualified to adopt. The Civil Code of Spain, which was once in
force in the Philippines, and which served as the pattern for the Civil Code of the Philippines, in its Article
174. disqualified persons who have legitimate or legitimated descendants from adopting. Under this
article, the spouses Antero and Amanda Agonoy would have been disqualified to adopt as they have
legitimate grandchildren, the petitioners herein. But, when the Civil Code of the Philippines was
adopted, the word descendants was changed to children, in paragraph (1) of Article 335. Daoang vs.
Municipal Judge of San Nicolas, Ilocos Norte, 159 SCRA 369, No. L-34568 March 28, 1988

The Authority and Duty of the Courts

Endencia vs. David

1.Constitutional Law ; Taxation; Interpretation of Laws, a Judicial Finction.The Legislature cannot


lawfully declare the collection of income tax on the salary of a public official, specially a judicial officer,
not a decrease of his salary, after the Supreme Court has found and decided otherwise. "Defining and
interpreting the law is a judicial function and the legis lative branch may not limit or restrict the power
granted to the courts by the Constitution." (Bandy vs. Mickelson et al., 44 N.W., 2nd, 341, 342; see also
11 Am. Jur., 714-715 and 905.) The act of interpreting the Constitution or any part thereof by the
Legislature is an invasion of the well-defined and established province and jurisdiction of the Judiciary,
Endencia and Jugo vs. David, etc, 93 Phil., 696, Nos. L-6355-56 August 31, 1953

Courts have no power to change the law, only to interpret them.

Enrile vs. Salazar

Same; Same; Same; Same; Same; Court has no power to change, but only to interpret the law as it stands
at any given time.It is enough to give anyone pauseand the Court is no exceptionthat not even the
crowded streets of our capital City seem safe from such unsettling violence that is disruptive of the
public peace and stymies every effort at national economic recovery. There is an apparent need to
restructure the law on rebellion, either to raise the penalty therefor or to clearly define and delimit the
other offenses to be considered as absorbed thereby, so that it cannot be conveniently utilized as the
umbrella for every sort of illegal activity undertaken in its name. The Court has no power to effect such
change, for it can only interpret the law as it stands at any given time, and what is needed lies beyond
interpretation. Hopefully, Congress will perceive the need for promptly the initiative in this matter, which
is properly within its province. Enrile vs. Salazar, 186 SCRA 217, G.R. No. 92163, .R. No. 92164 June 5,
1990

When the law is clear, the courts primary duty is to apply the law.

Article 26

Spouses Hing vs. Choachuy

Facts:

PETITION for review on certiorari of the decision and resolution of the Court of Appeals.

Petitioner, filed with the RTC of Mandaue City a complaint for Injunction and Damages against
respondents.

Petitioners alleged that they are the registered owners of a parcel of land adjacent to the property of the
respondents, an autorepair shop building aldo Goodyear Servitec, Aldo filed a case against petitioners
for injunction of damages claiming that petitioners are constructing a fence without a valid permit and
that the said construction would damage the wall of its building. The Court denied aldos application for
failure to substantiate its allegations. That in order to get evidence to support the said case, respondents
illegally installed surveillance cameras facing petitioners property.

ame; Same; Article 26(1) of the Civil Code protects an individuals right to privacy and provides a legal
remedy against abuses that may be committed against him by other individuals; This provision
recognizes that a mans house is his castle, where his right to privacy cannot be denied or even restricted
by others.Article 26(1) of the Civil Code, on the other hand, protects an individuals right to privacy
and provides a legal remedy against abuses that may be committed against him by other individuals. It
states: Art.26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a criminal
offense, shall produce a cause of action for damages, prevention and other relief: (1)

Hing vs. Choachuy, Sr.

Prying into the privacy of anothers residence; x x x x This provision recognizes that a mans house is his
castle, where his right to privacy cannot be denied or even restricted by others. It includes any act of
intrusion into, peeping or peering inquisitively into the residence of another without the consent of the
latter. The phrase prying into the privacy of anothers residence, however, does not mean that only
the residence is entitled to privacy. As elucidated by Civil law expert Arturo M. Tolentino: Our Code
specifically mentions prying into the privacy of anothers residence. This does not mean, however, that
only the residence is entitled to privacy, because the law covers also similar acts. A business office is
entitled to the same privacy when the public is excluded therefrom and only such individuals as are
allowed to enter may come in. x x x (Emphasis supplied) Thus, an individuals right to privacy under
Article 26(1) of the Civil Code should not be confined to his house or residence as it may extend to places
where he has the right to exclude the public or deny them access. The phrase prying into the privacy of
anothers residence, therefore, covers places, locations, or even situations which an individual considers
as private. And as long as his right is recognized by society, other individuals may not infringe on his right
to privacy. The CA, therefore, erred in limiting the application of Article 26(1) of the Civil Code only to
residences. Hing vs. Choachuy, Sr., 699 SCRA 667, G.R. No. 179736 June 26, 2013

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