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Statutory Construction
Are the Informations filed by the People sufficient in form and substance to constitute the offense of
"illegal possession of deadly weapon" penalized under Presidential Decree (PD for short) No. 9?
There are two elements to the the offense: first, the carrying outside one's residence of any bladed,
blunt, or pointed weapon, etc. not used as a necessary tool or implement for a livelihood; and second,
that the act of carrying the weapon was either in furtherance of, or to abet, or in connection with
subversion, rebellion, insurrection, lawless violence, criminality, chaos, or public disorder.
The petitioner by having one particular stand of the carrying of any dangerous weapon outside of the
residence w/o regard to motive or intent makes this a case of statutory construction.
HELD:
COURT DISMISSED ALL MOTIONS MADE BY THE PETITIONER AND AFFIRMS ALL DECISIONS MADE BY THE
RESPONDENT JUDGES.
The problem of determining what acts fall within the purview of a statute, it becomes necessary to
inquire into the intent and spirit of the decree and this can be found among others in the preamble or,
whereas" clauses which enumerate the facts or events which justify the promulgation of the decree and
the stiff sanctions stated therein.
It is a salutary principle in statutory construction that there exists a valid presumption that undesirable
consequences were never intended by a legislative measure, and that a construction of which the
statute is fairly susceptible is favored, which will avoid all objectionable, mischievous, indefensible,
wrongful, evil, and injurious consequence