Wednesday, February 24, 2010

Reliance on Foreign Legal Authorities by Jonathan Enriquez

Cu vs. Republic of the Philippines

It is a rule of statutory construction that a statute adopted from another state or country will be presumed to be adopted with the construction placed upon it by the courts of that state or country before its adoption. Such construction is regarded as of great weight, or at least persuasive, and will generally be followed if found reasonable, and in harmony with justice and public policy, and with other laws of the adopting jurisdiction on the subject.

Tamayo vs. Gsell

Generally speaking, when a statute has been adopted from another State or country and such statute has previously been construed by the courts of such State or country, the statute is deemed to have been adopted with the construction so given it. The law being so clearly traced to its source and the intention of the Legislature being so apparent, it is necessary to ascertain and be guided by the decisions of the courts in the United States construing essentially the same law.

Ortigas vs Feati

The views set forth in American decisions and authorities are not per se controlling in the Philippines, the laws of which must necessarily be construed in accordance with the intention of its own lawmakers and such intent may be deduced from the language of each law and the context of other local legislation related thereto.

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