STATUTORY CONSTRUCTION FINAL EXAM QUESTIONS WITH ANSWERS

(scored 91/100 – Highest in the class)

I.
a. Aida, Lorna and Fe were charged with a violation of section 39 of the Agricultural
Tenancy Law. It was alleged in the information that in December 1963, in Muñoz,
Nueva Ecija the accused being tenants of Lita in her Riceland, without notice to her or
without her consent, pre-threshed a portion of their respective harvests of five (5)
cavans of palay each to her damage in the amount of P187.50 at P12.50 a cavan. The
Agricultural Tenancy Act punishes the pre-reaping or pre-threshing of palay on a date
other that previously set without the consent of the landlord and the tenant, which
prohibition is predicated on a share-tenancy relationship between the tenant and the
landlord. Subsequently, the Agricultural Land Reform Code was enacted, abolishing
share tenancy and replacing it with leasehold tenancy.
Aida, Lorna and Fe filed a motion to quash the information on the ground that there is
no law punishing it. The fiscal opposed the motion. The lower court granted the motion
and dismissed the information in its order. The prosecution appealed from the order of
dismissal. The Solicitor General argues in his brief that the information in this case
alleges all the elements of the offense defined in section 39. Should the order of
dismissal be affirmed? Explain. (5 pts.)
Answer:
A. Yes, the dismissal of the case should be affirmed. It is a rule in statutory construction
that when the law ceases, its effect also ceases. In the case at bar, when the said aid
act was committed, the Agricultural Land Reform Code was enacted which abolished
the share tenancy and replacing it with leasehold tenancy. Thus, Aida, Lorna and Fe
cannot be charged for violation of the Agricultural Tenancy Law.
b. It is a well-settled in our jurisdiction that the Judiciary is mandated to interpret our
laws and statutes. When the court corrects a clerical error or obvious mistake in our
statutes, is it indulging in judicial legislation? Explain. (5 pts.)
Answer:
B. No, it is not judicial legislation when the court corrects a clerical error or obvious
mistake in our statue. It is a rule in a statutory construction that the court is hereby
allowed to correct clerical errors or obvious mistakes of a statute in order to align its text
to the statute’s purpose and legislative intent. This is especially true when the said
errors would defeat the purpose of the law if left uncorrected.
II
A. Commonwealth Act No. 142 or the Anti-Alias Law was enacted by Congress to
prevent confusion and fraud in business transaction. Said law provides that:
“Except as a pseudonym solely for literary, cinema, television, radio or other
entertainment purposes and in athletic events where the use of pseudonym is a
normally accepted practice, no person shall use any name different from the one with
which he was baptized for the first time or in case of an alien, with which he was
registered in the bureau of immigration upon entry; or substitute name as may have
been authorized by a competent person.”
Is the isolated use, at one instance, of a name other than a person’s true name to
secure a copy of a document from a government agency, considered as a violation of
said law? Explain. (5 pts.)
ANSWER:
A. No, the isolated use, at one instance, of a name other than a person’s true name is
not a violation of the Commonwealth Act No. 142. It is a rule in statutory construction
that a statue should be construed in such a way that would not defeat the intent of the
law and not cause absurdity. In the case at bar, the legislative intent of the said statute
is to avoid fraud when doing business transactions and the usage of a person’s alias at
one instance doesn’t constitute fraud. Thus, charging such violation to the said person
would mean injustice and absurdity.
b. Fredo Corleone, an American tourist, is convicted of the crimes of serious illegal
detention and four counts of rape, the victim is a nine-year-old-girl. With the conviction
of Corleone, the court also awarded moral damages in favor of the victim. However, the
bank where Corleone deposited his foreign currency deposit account) and the Central
Bank refused to honor the writ of attachment, invoking Sec. 8 of RA 6426, as amended,
which provides in part that:
“…foreign currency deposits shall be exempt from attachment, garnishment, or any
other order or process of any court, legislative body, government agency or any
administrative body whatsoever.”
Can the dollar bank deposit in a Philippine bank of a foreign tourist be attached to
satisfy the moral damages awarded in favor of the victim? Explain. (5 pts.)
ANSWER:
B. Yes, the dollar bank deposit in a Philippine bank of a foreign tourist can be attached
to satisfy the moral damages awarded in favor of the victim. It is a rule in statutory
construction that law should be construed as to avoid injustice. In the case at the case,
although the law stipulates that foreign currency deposits shall exempt from attachment,
garnish or any other order, the said act is not applicable to this case for when doing so it
would lead to absurdity and injustice to the victim’s suffering.
III
A. Vito died without a will in Mandaue City, Cebu, leaving one son, Claro, and his wife,
Perfecta. During his marriage, Vito acquired several parcels of land located in the city.
Claro rests his claim to 3/4 of his father's estate on Art. 892 of the New Civil Code which
provides that:
If only the legitimate child or descendant of the deceased survives the widow or
widower shall be entitled to one-fourth of the hereditary estate. ... .
Perfecta, on the other hand, cites Art. 996 which provides:
If a widow or widower and legitimate children or descendants are left, the surviving
spouse has in the succession the same share as that of each of the children.
Is Art. 996 applicable to a situation where there is only one child? Explain. (5 pts.)
ANSWER:
A. Yes, Art. 996 is applicable to a situation where there is only one child. As provided in
a rule of the statutory construction when a word in statute is used in plural form, the
singular form of such word is deemed included on its interpretation. In the case at bar,
since the law states the word “children”, it is presumed that its singular form, “child” is
included in the meaning of the statute. Thus, Art 996 is applicable to a situation where
there is only one child.
B. When can the courts disregard surplusage or superfluity in a statute? Explain. (5pts.)
ANSWER:
B. The courts disregard surplusage or superfluity in a statute when the meaning of the
phrase or such word is different from the legislative intent or when using its meaning
would defeat the purpose of the law.
IV.
A. A statute provides that the President “may not deport foreigners except upon
investigation”. Can the President, pending arrangements for the deportation, also detain
the undesirable alien for a reasonable period of time? Explain. (5 pts.)
ANSWER:
Yes, the President, pending arrangements for the deportation, can also detain the
undesirable alien for a reasonable period. It is a rule in statutory construction that when
a law is passed, it means that authorities and other incidental power is also given even
though the said are not expressed in the context of the law. Thus, when a law states
that a President may deport foreigners, it also means that the President has the power
to detain foreigners as when doing so, it would enable him to effectuate the legislative
intent of the statute.
b. Explain the legal maxim dura lex sed lex. (5 pts.)
ANSWER:
B. The legal maxim dura sed lex means that “the law is harsh but it is the law”. It
reiterates that is it the duty of the court to enforce and follow the law regardless of its
personal opinion.
V.
On December 9, 1938, a homestead patent covering a tract of land was granted to
Bamboo and on March 17, 1939, Original Certificate of Title No. RP-269 (1674) was
issued in his favor. On December 31, 1940, Bamboo sold two hectares of said land to
the Roman Catholic Church (Church for brevity) for a sum to be dedicated to
educational and charitable purposes.
In the meantime, Bamboo died and intestate proceedings were instituted for the
settlement of his estate and Rico was appointed administrator of the estate. Having
found in the course of his administration that the sale of the land to the Roman Catholic
Church was made in violation of section 118 of Commonwealth Act No. 141
(Homestead Law) that the sale was made before the expiration of the period of five
years from the date of the issuance of the patent, the administrator instituted the
present action in the then Court of First Instance praying that the sale be declared null
and void and of no legal effect. In their answer, the Church claims that the sale is legal
and valid it having been executed for educational and charitable purposes and
approved by the Secretary of Agriculture and Natural Resources. It further claims that,
even if it be declared null and void, its immediate effect would be not the return of the
land to the heirs of Bamboo but the reversion of the property to the State as ordained by
law. The Church also sets up as a defense the doctrine of in pari delicto. Is the doctrine
of in pari delicto applicable in the instant case? Explain thoroughly. (10pts.)
ANSWER:
No, the doctrine of in pari delicto is not applicable in this case. It is stated that when a
statute prohibits the doing of an act, the violation of the said act is considered null and
void. However, such doctrine cannot be enforced if when doing so, would violate the
fundamental law of public policy. In the case at bar, the legislative intent of the
homestead law is to acquire alienable and disposable lands of the public domain and
use it for agricultural purposes conditioned upon actual cultivation and residence.
Honoring the land to the Roman Catholic would defeat the purpose of the law and
cause injustice to public policy as the law involved was originally of public domain.
VI.
A. Section 13 of R.A. No. 3019, otherwise known as the Anti-Graft and Corrupt
Practices Act stipulates:
“Sec. 13. Suspension and loss of benefits. — Any public officer against whom any
criminal prosecution under a valid information under this Act or under the provisions of
the Revised Penal Code on bribery is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to reinstatement and to the
salaries and benefits which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed against him.”
When a criminal case is dismissed because of the death of the accused, are his heirs
entitled to the benefits under Sec. 13? Explain. (5 pts.)
ANSWER:
A. No, when a criminal case is dismissed because of the death of the accused, his heirs
entitled to the benefits under Sec 13 of R.A No, 3019. The law states that he is only
entitled to his benefits when he is acquitted. The meaning of the word “acquitted” is
different from “dismissed”. It is well settled that laws should be construed in its literal
meaning in the absence of showing that doing so would defeat the purpose of the law.
B. State the statutory construction rule on identical terms in the same statute. (5 pts.)
ANSWER:
B. The statutory construction rule on identical terms in the same statute means that
identical terms in the same statue should be construed in the same meaning unless the
meaning of the word is different as expressly stated by the statute itself.
VII.
A. Article VI, Section 17 of the 1987 Constitution provides: The Senate and the House
of Representatives shall each have an Electoral Tribunal, which shall be the sole judge
of all contests relating to the election, returns, and qualifications of their respective
Members.
A party questioning the jurisdiction of the HRET as defined in Art. VI, Section 17 of the
Constitution contends that it is limited only to the qualifications prescribed under such
Constitutional provision. Consequently, the party claims that any issue which does not
involve these constitutional provisions is beyond the realm of the HRET. As such, the
filing of a certificate of candidacy being a statutory qualification under the Omnibus
Election Code is outside the pale of the HRET. Is the contention correct? Explain. (5
pts.)
ANSWER:
A. No, the contention is not correct. The filing of a certificate of candidacy being a
statutory qualification under the Omnibus Election Code is not outside the pale of the
HRET. It is well settled in statutory construction that in the absence of the contrary, the
general term used in a statue should be construed generally unless when doing so
would defeat the purpose of the legislative intent of the statute. In the case at bar, the
Constitution used the term “sole judge of all contests”, this means that all contests
include “qualifications” of their members are within their jurisdiction.
B. Park Seo Joon, an alien, bought a residential lot from the Magdalena Estate,
Incorporated. He sought to accomplish said registration but was denied by the register
of deeds of Manila on the ground that, being an alien, he cannot acquire land in this
jurisdiction. Park Seo Joon then brought the case to the lower court by means of a
consulta, and that court rendered judgment sustaining the refusal of the register of
deeds, from which Park Seo Joon appealed to the Supreme Court. The term
“agricultural land” in Sec. 1 of Art. 13 of the Constitution which states that “public
agricultural land shall not be alienated” except in favor of Filipino citizens, and the term
“agricultural land” in Sec. 5 thereof which provides that “no private agricultural land shall
be transferred or assigned” except to Filipino citizens. Should the two terms be
construed as having the same meaning? Explain. (5 pts.)
ANSWER:
B. Yes, the two terms be construed as having the same meaning. It is well settled in
statutory construction that when same words are repeated in a statute, it should be
construed the same and according to the intent of the law. In the case at bar, the
legislative intent of the law is nationalism by ensuring that the Philippine lands should
only be given Filipino citizens.
VIII.
A. A statute makes it unlawful for candidates "to purchase, produce, request or
distribute sample ballots, or electoral propaganda gadgets such as pens, lighters, fans
(of whatever nature), flashlights, athletic goods or materials, wallets, bandanas, shirts,
hats, matches, cigarettes, and the like, whether of domestic or foreign origin."
Does the phrase “and the like” embrace taped jingles for campaign purposes? Explain.
(5 pts.)
ANSWER:
A. No, the phrase “and the like” doesn’t embrace taped jingles for campaign purposes.
This is because in statutory construction, in the absence of the contrary, words are to be
construed as having the same meaning to those they are associated with. The words
associated in the said phrase are propaganda gadgets which don’t have the same
nature with taped jingles.
B. A religious institution invoking the rule of ejusdem generis claimed that is not
included in the term “employer” as statutorily defined as “any person, natural or juridical,
domestic or foreign, who carries in the Philippines any trade, business, industry,
undertaking, or activity of any kind and uses the services of another person who is
under his orders as regards the employment, except the Government and any of its
political subdivisions, branches or instrumentalities, including corporations owned or
controlled by the Government".
Is said rule applicable? Explain. (5 pts.)
ANSWER:
B. Yes, the rule is applicable. This is because the rule in statutory construction states
that general terms are to be construed generally and within the intent of the law. The
term employer as stated in the law means any institution who conducts business and
trade in the Philippines and thus, being a religious constitution who doesn’t conduct
businesses, is not included in the said provision.
IX.
A. Section 2 of Republic Act No. 912 states, in part:
“…in the construction or repair work undertaken by the Government, Philippines-made
materials and products, whenever available, practical and usable shall be used in
construction or repair work…
On the other hand, Commonwealth Act No. 138, otherwise known as the Flag Law,
gives native products preference in the purchase of articles by the Government,
including government-owned or controlled corporations.
The argument has been advanced that since Commonwealth Act No.138 expressly
includes purchases by government-owned companies while Republic Act No. 912
merely relates to construction or repair by the Government, government-owned or
controlled corporations have been excepted from the operation of Republic Act No. 912.
Rule on the issue. (5pts.)
ANSWER:
A. No, Government-owned or controlled corporations have not been excepted from the
operation of Republic Act No. 912. The latter law should be followed as it is a rule that
when two laws are passed of the same subject, the latter law should prevail.
B. Art. 308 of the Revised Penal Code states:
Who are liable for theft. —Theft is committed by any person who, with intent to gain but
without violence against, or intimidation of persons nor force upon things, shall take
personal property of another without the latter's consent.
Are international phone calls using Bay Super Orient Cards through the
telecommunications services provided by PLDT for such calls or PLDT’S business of
providing said telecommunication services proper subjects of theft under Art. 308?
Explain. (5 pts.)
ANSWER:
B. No, the international phone calls using Bay Super Orient Cards through the
telecommunications services provided by PLDT for such calls or PLDT’S business of
providing said telecommunication services are not proper subjects of theft under Art.
308. It is stated that Revised penal code should be literally construed against the state
and liberally construed in favor of the accused. In the case at bar, the term used in Art
308 “personal property” and it has been held that the signals used by the Bay super
orient cards is not construed as to be in the same meaning of personal property. This is
because when there is an ambiguity as to the meaning of the revised penal law, it
should be construed in favor of the accused.