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. Alfredo Molo Finals Reviewer: NOTE: THERE ARE SEVERAL SECTIONS LIFTED FROM ANOTHER REVIEWER THAT SUMMARIZED AGPALOS WORK (WHICH WAS NOT DISCUSSED IN CLASS DIRECTLY) THIS REVIEWER IS MOSTLY A COMPILATION OF CONTENT FROM 3 SOURCES 2 REVIEWERS (FROM ADMU AND SB) and NOTE FROM SIR MOLO. SESSION 1: WHY LAW SESSION 2: BRIEFS AND DIGESTS SESSION 3: ORDER OUT OF CHAOS
Stare Decisis o o Judgement reached in 1 case should be applied to successive ones in which the facts are substantially applied (Villena v. Chavez) That for the sake of certainty in one case should be applied to those that follow if the facts are substantially the same even though the parties may be different (Villena v. Chavez) AGPALO: The decision of the SC applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import. Past decisions of the court must be followed in the adjudication of cases: Stare decisis et non quieta movere, one should follow past precedents and should not disturb what has been settled. Where the court resolved a question merely sub silencio, its decision does not come within the maxim of stare decisis Nor does an opinion expressed by the way, not up to the point in the issue, fall within the maxim; it is merely an obiter dictum The rule of stare decisis is not absolute. If found contrary to law, it must be abandoned. Notes from Sir: Used to be the corner stone of the civil legal system. Decision of 1 case must be applied to all General application because what is at stake is the whole legal system For cases handled by the SC FOR STARE DECISIS TO WORK: Laws and decisions must always be consistent & black letter law must be applied SYSTEM INTEGRITY It is the holding in the latter case which is now a bar to the present proceeding under the same doctrine invoked by them (Veloso jr. v. CA) Notes from Sir: Product of laziness and inefficiency For the mundane, small claims handled by lower courts only Having only 1 trial for cases with the same material points saves time and money Retail arm of Stare Decisis CONSISTENCY BETWEEN CASES A term applied to an established rule that when an appellate court passes on a question and remands the cause to the lower court for further proceedings, the question there settled becomes the law of the case upon subsequent appeal (Augustin v. CA) Whatever is once irrevocably established as the controlling legal decision continues to be the law case between the same parties in the same case, whether correct on general principles or not, so long as the facts which such decision was predicated continue to be the facts of the case before the courts (Veloso jr. v. CA) Notes from Sir: Very technical and is an interlocutory matter CONSITENCY IN 1 CASE
Res Judicata
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Syllabus NOT part of the actual decision Dispositive The legally binding portion of the case usually beginning with wherefore Ratio The reasoning and legal basis behind the decision
Obiter Dictum FLUFF! An opinion expressed by a court upon some question of law which is not necessary
to the decision of the case before it. It is a remark, by the way; it is not binding as a precedent. (Agpalo)
Separate Opinions (Concurring and Dissenting) Opinions written by the other justices of the court which
deviates partly or wholly from the majority opinion.
Political Question -
A question, the determination of which a prerogative of the legislative or executive branch of the government, so as not be appropriate for judicial inquiry or adjudication.(20 am J2d Cts Sec.80 citizen law dictionary)
Rational Basis Test o concerns constitutional issued on due process and equal protection o lowest level of scrutiny o tests whether a government action employs reasonable means to an end that may be legitimately pursued by government o government action must be RATIONALLY RELATED to a LEGITIMATE government interest Compelling State interest test o Compelling state interest o Narrowly tailored to achieve interest o Must be least restrictive means employed
15 days after publication in 2 newspapers of general circulation or in the official gazette Administrative agencies also need to file 3 copies with the UP law center
Repeal -
Laws are presumed to be valid until repealed (express, implied, sunset provision.) Repeal will result in revocation of legal effect and existence of law.
Computation of time time span in days count calendar days not working days
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Notes from sir: o Presumptions in Law The court will recognize it as true and will not require proof
If there is no constitutional presumption of validity then the SOLGEN has to defend laws and prove their validity each and every case too tedious and expensive! The burden of proof is on whoever asserts contrary to a presumption
SESSION 8 A CONSTITUTION
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Interpretation art of finding the true meaning and sense of any form of words Construction
process of drawing warranted conclusions respecting subjects that lie beyond the direct expressions or determining the application of words to facts in litigation It is the art of discovering and expounding the meaning and intention of the authors of the law, where the intention is rendered doubtful by reason of the ambiguity in its language or the fact that the given case is not explicitly provided for in the law.
Theories on Constitutional Interpretation (Notes from Sir) o Textualist Looks at plain words Strengths uniformity, words consistent, black and white Strict Construism/ Constructionist A short step down from textualism Interpret words within their context Originalism Biased Weakness bound by what the law means in the time it was drafted Structuralists Looks at placements and frameworks How does the text uphold the actual framework? Interprets the text
Looks at the social context when a law was drafted looks at the intent of the times
Schools of thought consistent within the various schools Pragmatic liberal Looks at it in the context of what will happen given the interpretation Idea of a living constitution Looks at effects Functionalist Motherhood statements (ex. social justice) Looks at effects 3
Formalist
Rigid always strict and looks at legal basis and text NOTE: CONSITENCY in PHILOSOPHY is important because it makes the JUSTICE handed down through decisions consistent
Self-executory provision a mandatory, positive command which is complete in itself and which needs not further
guidelines or implementing laws or rules for its enforcement. It does not need legislation to be able to be put into operation. (TANADA v. ANGARA)
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ASSOCIATED WORDS o Nosictur a Sociis o Where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found and in which it is associated. o Where the law does not define a word used therein, it will be construed as having a meaning similar to that of words associated with or accompanied by it. o Where most of the words in an enumeration are used in their generic sense, the rest of the words should be so similarly construed. o Ejusdem Generis o While general words or expressions in a statute are accorded their full, natural and generic sense, they will not be given such meaning if they are used in association with specific words or phrases. o Where a statute describes things of particular class or kind accompanied by words of a generic character, the generic words will usually be limited to things of a kindred nature with those particularly enumerated, unless there be something in the context of the statute to repel such inference. o Limitations: A statute contains an enumeration of particular and specific words, followed by a general word or phrase The particular and specific words constitute a class or are of the same kind The enumeration of a particular and specific words is not exhaustive or is not merely by example There is no indication of legislative intent to give the general words or phrases a broader meaning o Expressio Unius Est Exclusion alterius o The express mention of one person, thing or consequence implies the exclusion of all others. Limitation: not applicable if there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute, so that the absence of any mention of such will not exclude it. Also, must be disregarded if : It will cause inconvenience
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Where the legislative intent shows that the enumeration is not exclusive Negative-Opposite - What is expressed puts an end to what is implied. Causus Omissus o A person, object or thing omitted from an enumeration must be held to have been omitted intentionally. ONLY when the omission has been clearly established. o Does not apply where it is shown that the legislature did not intend to exclude the person, thing or object from the enumeration. Doctrine of as Antecedence o Qualifying words restrict or modify only the words or phrases to which they are immediately associated, and not those to which they are distantly or remotely associated. o Does not apply when the intention is not to qualify the antecedent at all Redendo singular singulis o Antecedents and consequences should be read distributive to the effect that each word is to be applied to the subject to which it appears by context most appropriately related and most applicable. PROVISO o Its office is to limit the application of the enacting clause, section or provision of a statute; introduced by the word Provided o It may enlarge the scope of the law o It may assume the role of an additional legislation o It modifies only the phrase immediately preceding it or restrains or limit the generality of the clause following it o It should be construed to harmonize, and not to repeal or destroy the main provision of the statute o Exception introduced by except, unless otherwise and shall not apply is a clause which exempts something from the operation of a statute by express words. o An exception exempts something absolutely from the operation of a statute; a proviso defeats its operation conditionally. o An exception takes out of the statute something that otherwise would be a part of the subject matter of it. A proviso avoids them by way of an excuse. o One of the functions of a proviso is to except something from an enacting clause. In this sense is it similar with exception. SAVING CLAUSE o A clause in the provision of law which operates to except from the effect of law what the clause provides, or to save something which would otherwise be lost. Must be construed in the light of the legislative intent.
Citizen Law Dictionary o Dissimulum Dissimilis est ration Of things dissimilar the rules is dissimilar
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Ubi lex non distinuit nec nos distinguere debmos Where the law does not distinguish, we ought not to distinguish Doctrine of Necessary implication A meaning derived from language as a matter of actual necessity or of so strong a probability of the intent of the writer or speaker that a contrary intent is not reasonably to be inferred.
STATUTES CONSTRUED AS A WHOLE (AGPALO) o A statute is passed as a whole and not in parts or sections and is animated by one general purpose and intent. o The intent or the meaning of the statute should be ascertained from the statute taken as a whole. o Statutes must receive a reasonable construction, reference being had to their controlling purpose. o One part is as important as the other. o Where a statute is susceptible of more than one interpretation, the court should adopt such reasonable and beneficial construction as will render the provision operative and harmonious. Constructions that would render it inoperative must be avoided; must be reconciled, parts must be a coordinated and harmonious whole. o Conflicting provisions should be reconciled and harmonized; they must be reconciled instead of declaring them invalid. o Where there is a particular or special provision and a general provision in the same statute and the latter in its most comprehensive sense would overrule the former, the particular or
special provision must be taken to affect only the other parts of the statute to which it may properly apply. o A law should be interpreted with a view to upholding it rather than destroying it. o All laws are presumed to be consistent with each other. o If provisions cannot be reconciled despite efforts, the courts should choose one that will best effectuate the legislative intent. o The interpretation that will give the thing efficacy is to be adopted; legislative did not do a vain thing in its enactment. o Construction should avoid surplusage.
Statutes Construed in relation to Constitution and Other Statutes (AGPALO) o Statutes must be construed in harmony with the Constitution. o Statutes in pari materia (relating to the same specific subject matter) must be construed together to attain national policy. o Legislature is presumed to be aware of prior law. o Where there are two acts, one of which is special and particular and the other general which, if standing alone, would include the same subject matter and thus conflicting with the special act, the special must prevail since it evinces the legislative intent more clearly than that of a general statute and must be taken as intended to constitute an exception to the general rule. A special law is considered an exception to the general law on the same subject; the legislature is passing a law of special character has its attention directed to the special facts and circumstances which the special act is intended to meet. o Reference statutes - Refers to other statutes and makes them applicable to the subject of legislation.
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Supplemental statutes - Intended to supply deficiencies in an existing statute and to add, complete or extend the statute without changing or modifying its original text. Reenacted statutes o One in which the provisions of an earlier statute are reproduced in the same or substantially the same words. o In construing reenacted statutes, court should take into account prior contemporaneous construction. Adopted statutes - Statute patterned after, or copied from a statute of a foreign country.
Other statutes Curative statutes Redemption laws Instruments of credit Probation law
MANDATORY STATUTES - A statute which commands either positively that something be done, or performed in a particular way, or negatively that something not be done, leaving the person concerned no choice on the matter except to obey. Contains words of command or prohibition. Uses: shall, must, ought, should; prohibitions such as cannot, shall not, ought not 1. Statutes conferring power 2. Statutes granting benefits 3. Statutes prescribing jurisdictional requirements 4. Statutes prescribing time to take action or appeal 5. Statutes prescribing procedural requirements 6. Election laws on conduct of election 7. Election laws on qualification and disqualification 8. Statutes prescribing qualifications for office 9. Statutes relating to assessment of taxes 10. Statutes concerning public auction sale DIRECTORY STATUTES - 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. Uses: may 1. Statutes prescribing guidance for officers 2. Statutes prescribing manner of judicial action 3. Statutes requiring rendition of decisions within prescribed period Prospectivity and Retroactivity o Statutes are to be construed as having only prospective application, unless the intendment of the legislature to give them a retroactive effect is expressly declared or is necessarily implied from the language used. Presumption is prospectivity. o Prospectivity words/in futuro: hereafter, thereafter, shall have been made, from and after, shall take effect upon its approval o The Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligation of contracts, deprive persons of property without due process of law, or divest rights that have become vested, or which are not in the nature of ex post facto laws. PROSPECTIVE STATUTES - Operates upon facts or transactions that occur after the statute takes effect, one that looks and applies to the future. 1. Penal statutes, generally 2. Ex post facto law 3. Bill of attainder 4. Statutes substantive in nature 5. Statutes affecting vested rights 6. Statutes affecting obligations of contracts 7. Repealing an amendatory acts RETROACTIVE STATUTES - Creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction already past. 1. Procedural laws 2. Curative statutes 3. Police power legislations 4. Statutes relating to prescription 5. Statutes relating to appeals
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AMENDMENT - Change or modification by addition or deletion, or alteration of a statute which survives in its amended form. REVISION- Purpose is to restate existing laws into one statutes, simplify complicated provisions, and make the laws on the subject easily found. REPEAL - A statute repealed is rendered revoked completely
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SESSION 14 LEGAL METHOD FOR LAW SCHOOL SESSION 15 LEGAL METHOD AFTER LAW SCHOOL SESSION 16 BALANCE AND OPTION
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