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Statutory Construction Definition:: by Nestor P. Mondok

Statutory construction is the process of determining the intention of the law's authors in applying the law to cases not explicitly provided for. It involves ascertaining the intention through interpretation, using intrinsic aids found in the law itself, and construction, using extrinsic aids outside the law. Interpretation considers elements like words and context while construction looks at contemporaneous circumstances, legislative history, and other external factors to help establish the principles and rules used in statutory exegesis.

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50 views

Statutory Construction Definition:: by Nestor P. Mondok

Statutory construction is the process of determining the intention of the law's authors in applying the law to cases not explicitly provided for. It involves ascertaining the intention through interpretation, using intrinsic aids found in the law itself, and construction, using extrinsic aids outside the law. Interpretation considers elements like words and context while construction looks at contemporaneous circumstances, legislative history, and other external factors to help establish the principles and rules used in statutory exegesis.

Uploaded by

pennelope lausan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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By

NESTOR P. MONDOK

STATUTORY CONSTRUCTION

DEFINITION: it is the act or process of ascertaining the


intention of the authors of the law with respect to its
application to a given case, where the intention is rendered
doubtful, among others, by reason of the fact that the given
case is not explicitly provided for in the law.

 Act or process
 Ascertaining
 Intention of author of the law
 Ambiguity

1
Legal Hermeneutics
 Branch of science/jurisprudence
 Establish rules, principles, 0n
 Interpretation or construction
 Legal text or document

Exegesis
 Application
 Principle, rules, etc. of legal hermeneutics
 Given case

2
TWO PROCESSES
INTERPRETATION CONSTRUCTION
 INTRINSIC AID  EXTRINSIC AID
- those found in the law itself. - those found outside the
language of the law.

INTRINSIC AID
 DEFINITION- It is what you see in the law itself and
includes the following:
 Title
 Preamble
 Words, phrases, and sentences, context
 Punctuations
 Heading and marginal notes
 Legislative definition and interpretation
Note: The different parts of a law and their functions.

3
EXTRINSIC AIDS
 Definition- It is what you see outside the four corners of
the law which includes the following:
 Contemporaneous circumstances
 Policy
 Legislative history of the statute.
 Contemporaneous and practical construction
 Executive construction
 Legislative construction
 Judicial construction
 Construction by the BAR and Legal Commentators

Art or process of statutory


construction
Legal hermeneutics Exegesis
principles

interpretation Intrinsic aid principle


ambiguity Intention
construction Extrinsic aid principle

4
APPLICATION

Law as
interpreted or
construed

Facts of the case Law/


Decision
Principle

P1 P2

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