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

Question

Subject: Effect and Application of Laws

Topic: Interpretation of Doubtful Statutes (Civil Code, Art. 10)

A new law was recently enacted by the Philippine legislature and is set to take effect. However, there is some confusion and uncertainty surrounding the interpretation of certain provisions of the law. As a legal expert, you have been asked to provide your analysis and interpretation of the following scenarios:

  1. Scenario 1:

    An issue arises regarding the computation of the statutory minimum wage under the new law. There are different possible interpretations of the provision in question. Some argue that it should include all forms of compensation, while others contend that it should only cover basic salary. How should the doubtful provision be interpreted?

  2. Scenario 2:

    In another provision of the new law, there is a reference to "reasonable notice" to be given to employees in case of retrenchment. However, what constitutes "reasonable notice" is not explicitly defined. As an employer, you want to ensure compliance with the law but are unsure about the specific time period that would be deemed reasonable. How should the doubtful provision be resolved?

  3. Scenario 3:

    The new law introduces stricter penalties for violations, including imprisonment. There is ambiguity as to whether the new penalties should apply retroactively to cases that were pending before the law took effect. How should the doubtful provision be construed?

  4. Scenario 4:

    One provision in the new law grants incentives to businesses that engage in environmentally-friendly practices. However, it is unclear whether these incentives extend to existing businesses or only apply to new ones. How should the doubtful provision be interpreted?

Provide your analysis and interpretation of each scenario based on the principles of interpretation of doubtful statutes under Article 10 of the Civil Code.




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Bar Review Question: Subject: Effect and Application of Laws Topic: Interpretation of Doubtful Statutes (Civil Code, Art