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GRADED RECITATION
Caltex Phil, Inc. vs Palomar, GR No. L-19650 (1966)
Philippine American Drug Company vs CIR, GR No. L-
13032 (1959)
Torres, et al vs Limjap, GR No. 34385 (1931)
Romualdez vs Sandiganbayan, GR No. 152259 (2004)
Francisco vs HRET, GR No. 160261 (2003)
Bolos vs Bolos, GR No. 186400 (2010)
Characteristics of Construction
1. It is an art or process;
2. It involves the determination of legislative intent;
3. It is necessary when the legislative intent cannot be
readily ascertained from the words in the law as
applied under a set of facts
Purpose of Construction
- To determine legislative intent when the same cannot
be readily ascertained from the plain language of the
law.
Theories of Interpretation
- First, textualist interpretation focuses on the words
used in the statute; it takes precedence over any other
modes of construction. The ordinary or plain meaning
of construction should control its interpretation.
- Second, intentionalism focuses on legislative intent. It is
the duty of the court to discern the intent of that
representative body and interpret statutes to further
that intent. It is the original intent of the framers of the
law that should have primacy in the determination of
its meaning.
Ambiguity
- Ambiguity is doubtfulness, doubleness of meaning,
indistinctness or uncertainty of meaning of an
expression used in a written instrument.
- Ambiguity exists when a literal interpretation of the
words would lead to unreasonable, unjust, or absurd
consequences, or where a statute is in conflict with the
Constitution, or where the statute would defeat the
policy of the legislation.