Category Archives: Statutory Construction

Expropriation for agrarian reform requires the payment of just compensation

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

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

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

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?

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

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

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

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Principle of statutory construction states that where there are two statutes applicable to a particular case, that which is specially intended for the said case must prevail

On various occasions, the Court has ruled on the primacy of special laws and of their implementing regulations over the Administrative Code of 1987 in settling controversies specifically subject of these special laws. For instance, in Hon. Joson v. Exec. … Continue reading

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Statutory Construction

It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context, i.e., that every part of the statute must be considered together with the other parts, and kept subservient to … Continue reading

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