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    Legislative Debates, Views and Deliberations

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    Dennis Aran Tupaz Abril
    The document discusses the use of legislative debates and reports of commissions in interpreting statutes. It states that courts can consider legislative deliberations to determine the meaning of ambiguous laws. However, the views expressed by legislators are not controlling. While debates can help clarify intent, statutory text takes precedence if clear. Courts may also refer to reports of drafting commissions to clarify ambiguities in codes those commissions prepared.

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    Legislative Debates, Views and Deliberations

    Uploaded by

    Dennis Aran Tupaz Abril
    266 views19 pages
    The document discusses the use of legislative debates and reports of commissions in interpreting statutes. It states that courts can consider legislative deliberations to determine the meaning of ambiguous laws. However, the views expressed by legislators are not controlling. While debates can help clarify intent, statutory text takes precedence if clear. Courts may also refer to reports of drafting commissions to clarify ambiguities in codes those commissions prepared.

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    Statutory construction

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    The document discusses the use of legislative debates and reports of commissions in interpreting statutes. It states that courts can consider legislative deliberations to determine the meaning of ambiguous laws. However, the views expressed by legislators are not controlling. While debates can help clarify intent, statutory text takes precedence if clear. Courts may also refer to reports of drafting commissions to clarify ambiguities in codes those commissions prepared.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    266 views19 pages

    Legislative Debates, Views and Deliberations

    Uploaded by

    Dennis Aran Tupaz Abril
    The document discusses the use of legislative debates and reports of commissions in interpreting statutes. It states that courts can consider legislative deliberations to determine the meaning of ambiguous laws. However, the views expressed by legislators are not controlling. While debates can help clarify intent, statutory text takes precedence if clear. Courts may also refer to reports of drafting commissions to clarify ambiguities in codes those commissions prepared.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 19

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS & REPORTS OF COMMISSIONS

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    COURTS MAY AVAIL THEMSELVES OF THE ACTUAL PROCEEDINGS OF THE LEGISLATIVE BODY TO ASSIST IN DETERMINING THE CONSTRUCTION OF A STATUTE OF DOUBTFUL MEANING THEY MAY RESORT TO THE LEGISLATIVE DELIBERATIONS IN THE LEGISLATURE ON A BILL WHICH EVENTUALLY WAS ENACTED INTO LAW TO ASCERTAIN THE MEANING OF ITS PROVISIONS.

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    THEREFORE
    WHERE THERE IS DOUBT AS TO WHAT A PROVISION OF A STATUTE MEANS, THAT MEANING WHICH WAS PUT TO THE PROVISION DURING THE LEGISLATIVE DELIBERATION OR DISCUSSION ON THE BILL MAY BE APPLIED.

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    HOWEVER
    THE VIEW EXPRESSED BY THE LEGISLATORS DURING THE DELIBERATIONS OF A BILL AS TO THE BILLS PURPOSE, MEANING, OR EFFECT ARE NOT CONTROLLING IN THE INTERPRETATION OF THE LAW.

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    BECAUSE THE STATEMENTS MADE BY ASSEMBLYMEN DURING THE FLOOR DELIBERATIONS


    .

    WHY?

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    BECAUSE THE STATEMENTS MADE BY ASSEMBLYMEN DURING THE FLOOR DELIBERATIONS


    .

    WHY?

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    WHY? AGAIN
    BECAUSE
    (1) THOSE WHO DID NOT SPEAK MAY NOT HAVE AGREED WITH THOSE WHO DID. (2) THOSE WHO SPOKE MIGHT DIFFER WITH EACH OTHER

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    AND MORE IMPORTANTLY


    (3) EVEN IF THE STATEMENTS OF THOSE WHO SPOKE REFLECT THE VIEWS OF THE ASSEMBLY, IF THE ACT AS

    PASSED IS PLAIN AND CLEAR, THEN IT HAS TO BE GIVEN EFFECT AS THUS ENACTED AND NOT AS THE
    INDIVIDUAL MEMBERS CONSIDERED IT TO BE

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    ACCORDINGLY, THE OPINIONS AND VIEWS EXPRESSED BY THE LEGISLATORS DURING THE FLOOR DELIBERATIONS OF A BILL MAY NOT BE GIVEN WEIGHT AT ALL IN ANY OF THE FOLLOWING INSTANCES:

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    (1)
    WHERE THERE ARE CIRCUMSTANCES INDICATION A MEANING OF A STATUTE OTHER THAN THAT EXPRESSED BY THE LEGISLATORS

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    (2)
    WHERE THE VIEWS EXPRESSED WERE CONFLICTNG

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    (3)
    WHERE THE INTENT DEDUCIBLE FROM SUCH VIEWS IS NOT CLEAR

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    WHERE THE STATUTE INVOLVED IS FREE FROM AMBIGUITY

    (4)

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    OPINIONS EXPRESSED BY LEGISLATORS IN THE COURSE OF DEBATES CONVERNING THE APPLICATION OF EXISTING LAW ARE NOT ALSO GIVEN DECISIVE WEIGHT, ESPECIALLY WHERE THE LEGISLATOR WAS NOT A MEMBER (RIDER!) OF THE ASSEMBLY THAT ENACTED SAID LAWS.

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    WHY?
    BECAUSE

    ALL THAT HE COULD STATE WAS HIS OWN INTERPRETATION OF THE LAW

    LEGISLATIVE DEBATES, VIEWS AND DELIBERATIONS

    IF THE STATUTE IS CLEAR AND FREE FROM AMBIGUITY


    COURTS WILL NOT INQUIRE INTO THE MOTIVES WHICH INFLUENCE THE LEGISLATURE IN VOTING FOR ITS PASSAGE.

    REPORTS OF COMMISSIONS

    WHAT ARE COMMISSIONS?


    THESE ARE USUALLY FORMED TO COMPILE AND COLLATE ALL LAWS ON A PARTICULAR SUBJECT AND TO PREPARE THE DRAFT OF THE PROPOSED CODE

    REPORTS OF COMMISSIONS

    SUCH AS OF THE
    (1) REVISED PENAL CODE (2) CIVIL CODE

    REPORTS OF COMMISSIONS

    IN CONSTRUING THE PROVISIONS OF THE CODE AS THUS ENACTED, COURTS MAY PROPERLY REFER TO THE REPORTS OF THE COMMISSION THAT DRAFTED THE CODE IN AID OF

    CLARIFYING AMBIGUITIES
    THEREIN.

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