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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSI. Interpretation of Doubtful Statutes (Civil Code, Art. 10)

Question

Question:

Assuming a doubtful provision in a statute, discuss the steps that a judge should take in interpreting and applying the law, as provided under Article 10 of the Civil Code of the Philippines.

Scenario:

In a recent case, the validity of a local ordinance imposing a curfew for minors was challenged before the court. The provision in question states that minors are prohibited from being in public places from 10:00 PM to 5:00 AM, unless accompanied by a parent or guardian.

There is confusion among the judges regarding the interpretation of the term "public places." Some judges argue that it should be limited to places like parks, plazas, and streets, while others contend that it should include establishments such as malls, movie theaters, and restaurants.

Based on the given scenario, discuss the steps that the judges should take in interpreting the doubtful provision and applying the law under Article 10 of the Civil Code.




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