Statutory Construction on Different Statutes

          Statutory Construction on Different Statutes

·      Curative statutes

-         enacted to cure defects in a prior law or to validate legal proceedings which otherwise be void for want of conformity with certain legal requirements

-         their purpose is to give validity to acts done that would have been invalid under existing laws, as if existing laws have been complied with

-         retroactive

·         Redemption laws

-         Remedial in nature

-         construed liberally to carry out purpose, which is to enable the debtor to have his property applied to pay as many debtor’s liability as possible

·         Statutes providing exemptions from execution

-         Interpreted liberally in order to give effect to their beneficent and humane purpose

-         Construed in favor of the exemption from execution

·         Laws on attachment

-         Liberally construed in order to promote their objects and assist the parties in obtaining speedy justice

·         Warehouse receipt laws

-         Liberally construed in favor of bona fide holders of such receipts

·         Probation laws

-         Liberally construed to achieve objective, to give first-hand offenders a second chance to maintain his place in society through the process of reformation

·         Statute granting powers to an agency created by the Constitution

-         Liberally construed for the advancement of the purposes and objectives for which it was created

Based on the book, Statutory Construction by Ruben E. Agpalo

Statutory Construction on the Rules of Court

             Rules of Court

·         The Rules of Court, being procedural, are to be construed liberally to effectuate purpose—the   proper and just determination of a litigation.

·         Rules of Court should not be interpreted to sacrifice substantial rights at the expense of technicalities

·         Technicalities, when they are not an aid to justice, deserve scant consideration from the courts.

The literal stricture of the rules has been relaxed in favor of liberal construction in the following:

1.      Where a rigid application will result in a manifest failure or miscarriage of justice

2.      Where the interest of substantial justice will be served

3.      Where the resolution of the emotion is addressed solely to the sound and judicious discretion of the court

4.      Where the injustice to the adverse party is not commensurate with the degree of his thoughtlessness in not complying with the prescribed procedure

Based on the book, Statutory Construction by Ruben E. Agpalo

Statutory Construction of Veteran and Pension Laws

Veteran and pension laws

·         Veteran and pension laws: Liberal construction to effectuate purpose of the law—to compensate a class of men who suffered in the service for the hardships they endured and the dangers they encountered in line of duty.

·         Retirement laws: Liberal construction in favor of the retiree—“to provide for sustenance, and hopefully even comfort, when he no longer has the stamina to continue earning his livelihood.” (Santiago vs. COA)

Cases:

·         Ortiz vs. Commission on Elections (courtesy resignation)

·         In Re Application for Gratuity Benefits of Associate Justice Efren I. Plana (lack of age requirement for retirement)

·         In re Pineda (requirement in applying the Plana Doctrine)

·         In re Martin (availing of disability retirement benefits)

·         Cena v. Civil Service Commission (reaching the compulsory retirement age but not the service requirement) 

Based on the book, Statutory Construction by Ruben E. Agpalo