Valid portion of void statute
Where a part of a statute is void as repugnant to the Constitution, while another part is valid, the valid portion, if separable from the invalid, may stand and be enforced. The exception to this is when the parts of a statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, in which case, the nullity of one part will vitiate the rest. (Ruben E. Agpalo, Statutory Construction, 1990, cited in Associate Justice Kapunan’s concurring and dissenting opinion in Tatad v. Secretary, G.R. No. 124360, December 3, 1997)
0 Comments