CLASSIFICATION: STATUTORY CONSTRUCTION Statutory Construction . NEU College of Law
STRICT AND LIBERAL
Strict Construction
A close and conservative adherence to the literal or textual interpretation thereof The language must be given its exact and technical meaning, with no extension on account of implications or equitable considerations The operation of the statute must be confined to cases coming clearly within the letter of the statute as well as within the spirit or reason.
Strict Construction
Recognizes nothing that is not expressed Takes the language used in its exact meaning Admits no equitable consideration Scope of statute shall not be extended or enlarged by implication, intendment or equitable consideration Close, conservative adherence to the literal interpretation Antithesis of liberal construction
Liberal Construction
The letter of the statute is enlarged or restrained to accomplish its intended purpose, and permits a statute to be extended It resolves all reasonable doubts in favor of the applicability of the statute; however, not forced, strained, unnatural meaning Words should receive a fair and reasonable interpretation
In case of ambiguity STRICTLY CONSTRUED (strictissimi juris)
LIBERALLY CONSTRUED
- Penal statutes (against the state)
- Penal statutes (in favor of the accused)
- Tax laws (against the government) - Tax exemptions (against taxpayer)
- Tax laws (in favor of the taxpayer) - Tax exemptions (in favor taxing authority)
- Statutes in Derogation of Sovereignty (allowing suits against government, waiving immunity, relinquishing jurisdiction, tax exemptions)
- Remedial Statutes - Adoption Statutes
In case of ambiguity STRICTLY CONSTRUED (strictissimi juris)
LIBERALLY CONSTRUED
- Statutes in Derogation of Rights (eminent domain)
- Retirement Laws
- Naturalization Laws
- Labor and Welfare Legislation (holiday pay)
- Legislative Grants or Franchises (against grantee)
- Legislative Grants or Franchises (for grantor)
- Formalities of Will
- Election laws
MANDATORY AND DIRECTORY
Mandatory Statutes
Those which contain words of command or of prohibition, and non-compliance with the same renders the proceedings to which is relates illegal and void
Directory Statutes
Those which are permissible or discretionary in nature and merely outline the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result
Mandatory VS Directory Mandatory
Directory
TERMINOLOGY
‘SHALL’, ‘MUST’
‘MAY’
MATERIALITY OF THE PROVISON
- Provisions which relate to matters of substance or which affect substantial rights
- Not material - Do not affect any substantial right - Compliance a matter of convenience rather than substance
CONSEQUENC ES
- Failure of performance will - No injury will result result to injury or prejudice of substantial rights
PENALTY
- There is penalty for violation
- None
PROSPECTIVE AND RETROACTIVE
Prospective Statutes
One which operates upon or regulates acts or transactions taking place after it takes effect.
Retroactive Statutes
One which creates a new obligation, one which takes away or impairs vested rights acquired under existing laws, or creates new obligations and imposes new duty, or attaches a new disability in respect of transactions or considerations already past.
RULE GR: Laws operate prospectively, not retroactively EXC: If the law itself provides it will be retroactive
1.
If the law is remedial in nature
2.
If the law is penal in nature provided it is favorable to the accused, not a habitual delinquent
3.
If the law is curative
4.
If the law is of an emergency nature authorized by police power
5.
REPEALING AND AMENDATORY ACT
Repealing act
One which revokes or terminates another statute, either by express language of by implication REPEAL
Laws are repealed only by subsequent ones and laws are repealed either expressly or impliedly.
Implied repeals are not looked upon with favor. Hence, if both statutes can stand together, there is no repeal
Total or Partial Repeal
A statute, which is totally repealed, is rendered revoked completely. When the repeal is partial, the portions or portions not affected by the repeal continue to exist
Repeals by implication 1.
2.
By covering the whole subject matter so that it is intended as a substitute for the earlier statute By containing provisions which are inconsistent and irreconcilable with earlier ones.
* The courts are slow to hold a statute is repealed by implication. Repeals and amendments by implications are not favored.
Amendatory Act
Makes an addition to the original laws or it operates to change it. EXPRESS – when the AA specified the provisions of a statute amended IMPLIED – where part of a prior statute embracing the same subject has become inconsistent with the new provision A statute and its amendment should be construed in its entirety. The amendment becomes part of the original as if it had always been contained therein.
OTHER KINDS
Other kinds
REFERENCE STATUTE – which refers to other statutes and makes them applicable to the subject of legislation SUPPLEMENTAL STATUTES – intended to supplement deficiencies in an existing statute REENACTED STATUTES – they reenact provisions of an earlier statute, reproduced. ADOPTED STATUTES – patterned after or copied from a statute of a foreign country.
