Statutory Construction Final Examination: Atty. Jack Andrew O. Miranda
Statutory Construction Final Examination: Atty. Jack Andrew O. Miranda
Statutory Construction Final Examination: Atty. Jack Andrew O. Miranda
Final Examination
Atty. Jack Andrew O. Miranda
7. The Constitution and all laws passed by Congress stands on the same
footing.
It explained that the equal footing doctrine is generally a limitation upon
the terms by which Congress admits a state. That is, states must be
admitted on an equal footing in the sense that Congress may not exact
conditions solely as a tribute for admission, but it may, in the enabling or
admitting acts or subsequently impose requirements that would be or are
valid and effectual if the subject of congressional legislation after
admission. Thus, Congress may embrace in an admitting act a regulation
of commerce among the states or with Indian tribes or rules for the care
and disposition of the public lands or reservations within a state. “[I]n
every such case such legislation would derive its force not from any
agreement or compact with the proposed new State, nor by reason of its
acceptance of such enactment as a term of admission, but solely because
the power of Congress extended to the subject, and, therefore, would not
operate to restrict the State’s legislative power in respect of any matter
which was not plainly within the regulating power of Congress.
8. Statutory Construction entails both the act of interpreting and construing
a law.
Interpretation and Construction are not the same, however these two
terms may often used interchangeably. The difference between the
interpretation is is the art of finding out the true sense of any form of
words, that is, the sense which their author intended to convey, and
enabling others to derive from them the same idea which the author
intended to convey, while construction is the drawing of conclusions,
respecting subjects that lie beyond the direct expressions of the text, form
elements known from and given in the text, conclusions which are in the
spirit, though not within the letter, of the text. Given their difference of
the two, the purpose
9. The Senate and the House could on their own initiative take consideration
of any propose legislative measure.
This means that the
10. The spirit of the law may prevail over letter of the law.
It means that the statutes may be extended to cases not within the literal
import of their terms, if plainly meant to be included; for that which is
within the intention of the legislature, in the framing of the statute, is as
much within the statute as if it were within its letter. It is where the
statute is free from ambiguity and plainly shows what the legislature
meant, the letter of it is not be disregarded under the pretest of pursuing
its spirit and exceptions not made by the legislature cannot be read into
it.
First Reading
Its title, bill number, and author’s name are read on the floor, after which it
is referred to the proper committee.
Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then either
approves the proposed bill without an amendment, approves it with
changes, or recommends substitution or consolidation with similar bills
filed.
Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage in
debate, interpellation, turno en contra, and rebuttal to highlight the pros
and cons of the bill. A period of amendments incorporates necessary
changes in the bill proposed by the committee or introduced by the
Senators themselves on the floor.
Submission to Malacañang
Final enrolled form is submitted to Malacañang. The President either signs
it into law, or vetoes and sends it back to the Senate with veto message.
IV. In the diagram/template I gave you - hierarchy of laws -- how would you
relate one to the other? Explain.