Saturday, March 5, 2016

R.A. No. 9262 shall be liberally construed to promote the protection and safety of victims of violence against women and their children





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Finally, Section 4 of R.A. No. 9262 calls for a liberal construction of the law, thus:

SEC. 4. Construction. – This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. (Emphasis supplied)

It bears mention that the intent of the statute is the law and that this intent must be effectuated by the courts. In the present case, the express language of R.A. No. 9262 reflects the intent of the legislature for liberal construction as will best ensure the attainment of the object of the law according to its true intent, meaning and spirit – the protection and safety of victims of violence against women and children.

Thus, contrary to the RTC’s pronouncement, the maxim “expressio unios est exclusio alterius” finds no application here. It must be remembered that this maxim is only an “ancillary rule of statutory construction.” It is not of universal application. Neither is it conclusive. It should be applied only as a means of discovering legislative intent which is not otherwise manifest and should not be permitted to defeat the plainly indicated purpose of the legislature.”

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