This case has been cited 1 times or more.
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2003-10-07 |
CALLEJO, SR., J. |
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| The absence of a provision in Section 8 giving it prospective application only does not proscribe the prospective application thereof; nor does it imply that the Court intended the new rule to be given retroactive and prospective effect. If the statutory purpose is clear, the provisions of the law should be construed as is conducive to fairness and justice, and in harmony with the general spirit and policy of the rule. It should be construed so as not to defeat but to carry out such end or purpose.[17] A statute derives its vitality from the purpose for which it is approved. To construe it in a manner that disregards or defeats such purpose is to nullify or destroy the law.[18] In Cometa v. Court of Appeals,[19] this Court ruled that "the spirit rather than the letter of the statute determines its construction; hence, a statute must be read according to its spirit or intent."[20] While we may not read into the law a purpose that is not there, we nevertheless have the right to read out of it the reason for its enactment. In doing so, we defer not to the "letter that killeth" but to the "spirit that vivifieth, to give effect to the lawmaker's will."[21] | |||||