Practice question
A lawyer reads a Supreme Court decision construing a benefit statute and proposes that a lower court add an entitlement that the statute, as authoritatively interpreted, does not grant. The sole argument is that Article 8 makes judicial decisions legislation, so any judge may create an additional benefit. Which is correct?
- Article 8 grants every judge unrestricted lawmaking power
- A statute’s text is irrelevant once a lawsuit begins
- Every requested benefit must be granted as equity
- Article 8 recognizes judicial interpretation; it does not authorize a lower court to disregard the statute and controlling interpretation to invent the claimed entitlement
- An agency circular always defeats the Supreme Court’s interpretation
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 8
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article VIII section 4(3)
- https://lawphil.net/judjuris/juri2017/nov2017/gr_205837_2017.html — Philippine International Trading Corporation v. COA, G.R. No. 205837, November 21, 2017
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