PRESUMPTIONS IN AID OF CONSTRUCTION AND INTERPRETATION (Chapter V)

 PRESUMPTIONS

In construing a doubtful or ambiguous statute, the Courts will presume

that it was the intention of the legislature to enact a valid, sensible and

just law, and one which should change the prior law no further than may

be necessary to effectuate the specific purpose of the act in question.

PRESUMPTION AGAINST UNCONSTITUTIONALITY

Laws are presumed constitutional. To justify nullification of law, there

must be a clear and unequivocal breach of the constitution.

The theory is that, as the joint act of the legislative and executive

authorities, a law is supposed to have been carefully studied and

determined to be constitutional before it was finally enacted.

All laws are presumed valid and constitutional until or unless otherwise

ruled by the Court.

PRESUMPTION AGAINST INJUSTICE

The law should never be interpreted in such a way as to cause injustice

as this never within the legislative intent.

We interpret and apply the law in consonance with justice.

Judges do not and must not unfeelingly apply the law as it is worded,

yielding like robots to the literal command without regard to its cause

and consequence.

PRESUMPTION AGAINST IMPLIED REPEALS

The two laws must be absolutely incompatible, and clear finding thereof

must surface, before the inference of implied repeal may be drawn.

In the absence of an express repeal, a subsequent law cannot be

construed as repealing a prior law unless an irreconcilable inconsistency

and repugnancy exists in terms of the new and old laws.

PRESUMPTION AGAINST INEFFECTIVENESS

In the interpretation of a statute, the Court should start with the

assumption that the legislature intended to enact an effective statute.

PRESUMPTION AGAINST ABSURDITY

Statutes must receive a sensible construction such as will give effect to

the legislative intention so as to avoid an unjust and absurd conclusion.

Presumption against undesirable consequences were never intended by a

legislative measure.

PRESUMPTION AGAINST VIOLATION OF INTERNATIONAL

LAW

Philippines as democratic and republican state adopts the generally

accepted principles of international law as part of the law of the land and

adheres to the policy of peace, equality, justice, freedom, cooperation,

and amity with all nations. (Art. II, Sec. 2, Phil. Constitution).