Category Archives: Statutory Construction

Expropriation for agrarian reform requires the payment of just compensation

Posted on March 8, 2012 by Erineus

Expropriation for agrarian reform requires the payment of  just compensation The LBP claims that the just compensation in this case should be determined within the context of the article on social justice found in the 1987 Constitution. In the LBP’s … Continue reading →

Posted in Agrarian Reform, CARP, DAR, Definitions, Expropriation, Land Bank, Statutory Construction | Tagged | Leave a comment

Jewelry Industry Act

Posted on March 6, 2012 by Erineus

Finally, in 1998, Congress enacted R.A. No. 8502, the Jewelry Industry Development Act of 1998, a law to support, promote, and encourage the growth and development of the predominantly small and medium scale jewelry industries. R.A. No. 8502 did not … Continue reading →

Posted in Cottage Industry, Jewelry Industry, Statutory Construction | Tagged | Leave a comment

Are Illegitmate children entitled also to death benefit of their father?

Posted on January 26, 2012 by Erineus

As to the issue of who has the better right over the SSS death benefits, Section 8(e) and (k) of R. A. No. 8282[27] is very clear. Hence, we need only apply the law. Under the principles of statutory construction, … Continue reading →

Posted in ECC, Labor Law, Legal Maxim, Pension/Retirement, SSS, Statutory Construction | Leave a comment

What do the legal maxims “Animi sermo est” (speech is the index of intention) and “Verba legis non est recedendum” (from the words of a statute there should be no departure) mean?

Posted on January 26, 2012 by Erineus

As to the issue of who has the better right over the SSS death benefits, Section 8(e) and (k) of R. A. No. 8282[27] is very clear. Hence, we need only apply the law. Under the principles of statutory construction, … Continue reading →

Posted in Legal Maxim, Question and Answers, Statutory Construction | Tagged | Leave a comment

A claim for Medicare, sickness, burial, disability or death should be filed within three (3) years from the occurrence of the contingency

Posted on January 26, 2012 by Erineus

We agree with the petitioner that her claim for death benefits under the SSS law should be considered as the Employees’ Compensation claim itself.  This is but logical and reasonable because the claim for death benefits which petitioner filed with … Continue reading →

Posted in ECC, Labor Law, Social Legislations, SSS, State Policies, Statutory Construction | Tagged | Leave a comment