Statutory Construction Cases

3663 Words Sep 6th, 2011 15 Pages
Statutory Construction: Case Digests

Statutory Construction – it is the various methods and tests used by the courts for determining the meaning of law.

I. General Principles in defining Statutory Construction
Whether the promotional scheme is a lottery or a gift that violates the provisions of the Postal Law (Caltex v. Palomar)

In the case at bar, there is no requirement in the rules that any fee be paid, any merchandise be bought, any service be rendered, or any value whatsoever be given for the privilege to participate. The scheme is merely a gratuitous distribution of property by chance which does not violate the provisions of the Postal Law. Construction is used where there is rendered doubtful, amongst others, by reason of the
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335 of the Civil Code.

The words used in paragraph (1) of Article 335 of the Civil Code, in enumerating the persons who cannot adopt, are clear and unambiguous. When the New Civil Code was adopted, it changed the word “descendant,” found in the Spanish Civil Code to which the New Civil Code was patterned, to “children.” The children thus mentioned have a clearly defined meaning in law and do not include grandchildren. In the present case, Roderick and Rommel Daoang, the grandchildren of Antero Agonoy and Amanda Ramos-Agonoy, cannot assail the adoption of Quirino Bonilla and Wilson Marcos by the Agonoys. Therefore, the general rule is that only statutes with an ambiguous or doubtful meaning may be the subjects of statutory construction.

5. Paras v. Comelec
Is SK to be considered a regular local election in a recall proceeding?

The subject provision of the Local Government Code, Sec. 74 Paragraph (b) provides that “No recall shall take place within one year from the date of the official’s assumption to office or one year immediately preceding a regular local election”. Hence, It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context. In the present case, the Sangguniang Kabataan elections cannot be considered a regular election, as this would render inutile the recall provision of the Local Government Code. It would be more in keeping with the intent of the
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