BASIC GUIDE TO COMMENTS AND SUGGESTIONS FOR THE IMPLEMENTING RULES AND REGULATIONS OF THE REAL ESTATE SERVICE ACT OF THE PHILIPPINES [ RESA ], Republic Act No. 9646

BASIC GUIDE TO COMMENTS AND SUGGESTIONS
FOR THE IMPLEMENTING RULES AND REGULATIONS OF
THE REAL ESTATE SERVICE ACT OF THE PHILIPPINES [ RESA ],
Republic Act No. 9646


It is an established principle of statutory construction that implementing rules cannot be inconsistent and must always adhere to its mother legislation or in other words :

"no rule or regulation may alter, amend or contravene a provision of law. Implementing Rules should conform, not clash with the law they implement, for a regulation which operates to create a rule out of harmony with the statute is a nullity".


Basic Rules of Statutory Construction
 
1. When the meaning of the law is clear and unmistakable, there is no need to interpret it
any further;

2. When construction or interpretation is necessary, the court should interpret the law
according to the meaning the legislature intended to give it;

3. if there are two possible interpretations of a law, that which will achieve the ends
desired by Congress should be adopted;

4. Laws of pleading, practice and procedure are liberally construed in order to promote
their object and to assist the parties in obtaining just, speedy and inexpensive
determination of every action and proceeding;

5. In case of doubt in the interpretation and application of laws and when all other rules f
statutory construction fail, it is presumed that the lawmaking body intended right and
justice to prevail.
                                                                                               (Rolando A. Suarez, ibid., p.14-15)