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Statutory Construction

Final Examination

October 14, 2004

I. Define/explaina. Redendo Singula Singulisb. Casus Omissusc. Pari Materia Ruled. Doctrine of Last Antecedente. Mens Legislatoresf. Doctrine of Necessary Implicationg. Ratio Legis

II. When is an ambiguous law void? Why?III. Art. 101 of the civil Code consider as void donation between spouses during the marriage

Can R donate to his live in partner, Y, his Toyota car? Why?

IV. An Anti Vagrancy Law Provides:Art I. Vagrants Penalty. the following are vagrants:

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1. Any person found loitering about saloons, public or semipublic buildings, or tramping orstraying through the streets or countryside without visible means of support.

X, the secretary of a law office, was found loitering about a certain bar in Session Road

every night.

A. What statutory construction principle and/or Latin maxim will you use to supportthe following;

a. X is a vagrant because he is found loitering about a saloon because theclause without visible means of support as used does not apply to the

clause. Any person found loitering about saloons, public or semipublic

buildings, but is confined to tramping or staying though the streets or

countryside why?

b. That is not the intention of Congress to qualify the first part of the clausewith without visible means of support because congress placed a comma

after semipublic or public building and it did not insert comma after the

word countryside Why?

c. X is not a vagrant because it is the intention of congress to apply withoutvisible means of support to both the clauses: loitering about saloons, public

or semi public buildings and tramping or straying through the streets or

countryside.

B. Using the definition of loitering as idling or wasting ones time, if you were thejudge will you consider X a vagrant? Why?

V. PD 1564 provides as follows:Sec. 2. Any person, corporation, organization or association desiring to solicit or receive

contributions for charitable or public welfare purposes shall first secure a permit from the

Regional Offices of the Department of Social Services and Development..

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The officer of the civic organization known as the Samahang Katandaang Nayon ng Tikay

launched a fund raising drive for the purpose of renovating the chapel of Barrio Tikay.

X, the chairman of the group solicited from Y the amount of P1,500.00. It is admitted

that the solicitation was made without a permit from the Department of Social Services and

Development.

Can X be charged for violating PD No. 1564? Why?

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Statutory Construction

Final Examinaion

October 9, 2003

I. Define/explaina. Pari Materia Ruleb. Doctrine of Necessary Implicationc. Casus Omisusd. Doctrine of Last Antecedente. Reddendo Singula Singulisf. Sufficient Standard Testg. Legislative interpretationh. Implied repeal

II. Name five (5) extrinsic aids in the construction of statutes.III. Explain five (5) general principles in statutory construction.IV. Section 54 of the revised election code which provides: No justice, judge, officer or

employees of the Army, or member of the national, provincial, city, municipal or

rural police force, and no classified civil service officer or employee, shall aid any

candidate or exert any influence in any manner in any election nor take part therein

except to vote, if entitled thereto, or to preserve public pass. If he is a peace officer.

a. What maxim will you use to support the contention that Justice of the peace, isnot included in the prohibition? Why?

b. If you are the judge of a case wherein a justice of the peace was found engagedin political activities will you find him guilty under the law?

V. X committed a crime classified as a light offense on May 26, 2003. An informationcharging him of each crime was filed on July 27, 2003.

Article 90 provides: Light Offenses prescribe in two months

Article 91 provides: the period of prescription shall commence to run from the day

on which the crime is discovered by the offended party

The month of May 2003 has 31 days and the months of June has 30 days.

Under the laws has the crime prescribed? Justify your answer using statutory

principles, maxims, etc.

VI. When is an ambiguous law unconstitutional?