Time and again courts have decreed that statutes are to be construed in the

Time and again courts have decreed that statutes are

This preview shows page 96 - 99 out of 121 pages.

Time and again [courts] have decreed that statutes are to be construed in the light of the purposes to be achieved and the evils sought to be remedied. Thus in construing a statute the reason for its enactment should be kept in mind and the statute should be construed with reference to the intended scope and purpose. The court may consider the spirit and reason of the statute, where a literal meaning would lead to absurdity, contradiction, injustice, or would defeat the clear purpose of the lawmakers. S TAT U T O R Y C O N S T R U C T I O N R E V I E W E R B Y: S A R A H K R I S T I N D E G U Z M A N , 2 0 1 4
Image of page 96
S TAT C O N C H A P T E R S I – V I I I B O O K : N O L I D I A Z P R O F E S S O R : F I S C A L M A R C E L O M E N D O Z A While the act of petitioner may be covered by other provisions of law, such does not constitute an offense within the concept of C.A. No. 142 as amended under which he is prosecuted. Moreover, as C.A. No. 142 is a penal statute, it should be construed strictly against the State and in favor of the accused. The reason for this principle is the tenderness of the law for the rights of individuals and the object is to establish a certain rule by conformity to which mankind would be safe, and the discretion of the court limited. S TAT U T O R Y C O N S T R U C T I O N R E V I E W E R B Y: S A R A H K R I S T I N D E G U Z M A N , 2 0 1 4
Image of page 97
S TAT C O N C H A P T E R S I – V I I I B O O K : N O L I D I A Z P R O F E S S O R : F I S C A L M A R C E L O M E N D O Z A PENAL LAWS ARE CONSTRUED LIBERALLY IN FAVOR OF THE ACCUSED. PEOPLE OF THE PHILIPPINES VS. WALPAN LADJAALAM Y MILAPIL G.R. NOS. 136149-51. SEPTEMBER 19, 2000 Appellee: People of the Philippines Appellant: Walpan Ladjaalam alias “Warpan” FACTS: Four Informations were filed against appellant Walpan Ladjaalam in the Regional Trial Court (RTC) of Zamboanga City (Branch 16), three of which he was found guilty, to wit: 1) maintaining a drug den in violation of Section 15-A, Article III, of Republic Act No. 6425 (Dangerous Drugs Act of 1972); 2) illegal possession of firearm and ammunition in violation of Presidential Decree No. 1866 as amended by Republic Act. No. 8294; and 3) direct assault with multiple attempted homicide. The following information was provided by the prosecution: 1) In the afternoon of September 24, 1997, more than thirty (30) policemen proceeded to the house of appellant and his wife to serve the search warrant when they were met by a volley of gunfire coming from the second floor of the said house. They saw that it was the appellant who fired the M14 rifle towards them. 2) After gaining entrance, two of the police officers proceeded to the second floor where they earlier saw appellant firing the rifle. As he noticed their presence, the appellant jumped from the window to the roof of a neighboring house. He was subsequently arrested at the back of his house after a brief chase.
Image of page 98
Image of page 99

You've reached the end of your free preview.

Want to read all 121 pages?

  • Fall '16
  • loisa dela cruz
  • Law

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture