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Construction The art or process of discovering and expounding the meaning and intention of the authors of law, where that intention is rendered doubtful by reason of the ambiguity in its language or the fact that the given case is not explicitly provided for in the law.
Purpose: Purpose: to ascertain and give effect to the intent of the law, to determine legislative intent.
Rules of Statutory Construction
These are tools used to ascertain legislative intent. They are not rules but mere axioms of experience.
Legislative Intent The essence of the la w. The intent of the legislature is the law, and the key to, and the controlling factor in, its construction and interpretation. The primary source of legislative intent is the statute itself. Where the words or phrases of a statute are not obscure or ambiguous, its meaning and the intention of the legislature must be determined from the language employed. Legislative Purpose The reason why a particular statute was enacted by the legislature. Legislative Meaning What the law, by its language, means: what it comprehends, what it covers or embraces, what it limits or confines. In construing a statute, it is not enough to ascertain the intention or meaning of the statute; it is also necessary to see whether the intention or meaning has been expressed in such a wa y as to give it legal effect and validity. validity. • • • •
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The duty and power to interpret or construe a statute or the Constitution belongs to the judiciary. The SC construes the applicable law in controversies which are ripe for judicial resolution. The court does not interpret law in a vacuum. The legislature has no power to overrule the interpretation or construction of a statute or the Constitution by the Supreme Court, for interpretation is a judicial function assigned to the latter b y the fundamental law. The SC may, in an appropriate case, change or overrule its previous construction.
A condition sine qua non before the court may construe or interpret a statute, is that there be doubt or ambiguity in its language. The province of construction lies wholly within the domain of ambiguity. Where there is no ambiguity in the words of a statute, there is no room for construction. •
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A statute is ambiguous when it is capable of being understood by reasonably well-informed persons in either of two senses. Where the law is free from ambiguity, the court may not introduce exceptions or conditions where none is provided. A meaning that does not appear nor is intended or reflected in the very language of the statute cannot be placed therein be construction. Where the two statutes that apply to a particular case, that which was specifically designed for the said case must prevail over the other. When the SC has laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same. Judicial rulings have no retroactive effect. The court may issue guidelines in appl ying the statute, not to enlarge or restrict it but to clearly delineate what the law requires. This is not judicial legislation but an act to define what the law is.
Limitations on power to construe Courts may not enlarge nor restrict statutes.
Courts may not be influenced by questions of wisdom.
AIDS TO CONSTRUCTION To ascertain the true intent of the statute, the court may avail of intrinsic aids, aids, or those found in the printed page of the statute, and extrinsic aids, aids, those extraneous facts and circumstances outside the printed page. 1.
Title
2.
The title may indicate the legislative extent or restrict the scope of the law, and a statute couched in a language of doubtful import will be construed to conform to the legislative intent as disclosed in its title. When the text of the statute is clear and free form doubt, it is improper to resort to its title to make it obscure.
Preamble
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That part of the statute written immediately after its title, which states the purpose, reason or justification for the enactment of a law. It is usually expressed in the form of “whereas” clauses.
It is not an essential part of the statute. But it may, when the statute is ambiguous, be resorted to clarify the ambiguity, ambiguity, as a key to open the minds of the lawmakers as to the purpose of the statute.
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Cont Contex extt of of the the whol whole e tex textt The best source from which to ascertain the legislative intent is the statute itself – the words, the phrases, the sentences, sections, clauses, provisions – taken as a whole and in relation to one another.
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Punc Punctu tuat atio ion n mark marks s Punctuation marks are aids of low degree; they are not parts of the statute nor the English language. Where there is, however, an ambiguity in a statute which may be partially or wholly solved by a punctuation mark, it may be considered in the construction of a statute.
5. Capitalization of letters An aid of low degree in the construction of statutes.
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Head Headno note tes s or epi epigr grap aphs hs
These are convenient index to the contents of the provisions of a statute; they may be consulted in case of doubt in interpretation. They are not entitled to much weight.
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Lingual text Unless otherwise provided, where a statute is officially promulgated in English and Spanish, the English text shall govern, but in case of ambiguity, omission or mistake, the Spanish may be consulted to explain the English text. The language in which a statute is written prevails over its translation.
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Inte Intent nt or spir spirit it of law law Legislative intent or spirit is the controlling factor, the influence most dominant if a statute needs construction. The intent of the law is that which is expressed in the words thereof, discovered in the four corners of the law and aided if necessary by its legislative history.
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Policy of law A statute of doubtful meaning must be given a construction that will promote public policy.
10. Purpose Purpose of law or mischie mischieff to be suppresse suppressed d The purpose or object of the law or the mischief intended to be suppressed are important factors to be considered in its construction. 11. Dict Dictio iona nari ries es While definitions given by lexicographers are not binding, courts have adopted, in proper cases, such definitions to support their conclusion as to the meaning of the particular words used in a statute. 12. Consequences Consequences of of various various construct constructions ions Construction of a statute should be rejected if it will cause injustice, result in absurdity or defeat the legislative intent. 13. 13. Pres Presum umpt ptio ions ns Based on logic, common sense; eg. Presumption of constitutionality, completeness, prospective application, right and justice, etc. LEGISLATIVE HISTORY Where a statute is susceptible of several interpretations, there is no better means of ascertaining the will and intention of the legislature than that which is afforded by the history of the statute. The history of a statute refers to all its antecedents from its inception until its enactment into la w. 1.
Presid President ent’s ’s mess message age to the the legi legisla slatur ture e This usually contains proposed legislative measures and indicates the President’s thinking on the proposed legislation which, when enacted into law, follows his line of thinking into the matter.
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Expla xplana nato tory ry not note e
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A short exposition of explanation accompanying a proposed legislation by its author or proponent. It contains statements of the reason or purpose of the bill, as well as arguments advanced b y its author in urging its passage.
Legisl Legislati ative ve debate debates, s, views views and and deliber deliberati ations ons
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Where there is doubt as to what a provision of a statute means, that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted.
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Repo Report rts s of com commi miss ssio ions ns In construing the provisions of the code as thus enacted, courts may properly refer to the reports of the commission that drafted the code in aid of clarifying ambiguities therein.
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Prior Prior laws laws from from which which the the statu statute te is is based based Legislative history will clarify the intent of the law or shed light on the meaning and scope of the codified or revised statute.
6. Change in phraseology by amendments Courts may investigate the history of the provisions to ascertain legislative intent as to the meaning and scope of the amended law.
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Amen Amendm dmen entt by del delet etio ion n The amendment statute should be given a construction different from that previous to its amendment.
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Adopt dopted ed st statu atutes tes Where local statutes are patterned after or copied from those of another country, the decisions of courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes.
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Prin Princi cipl ples es of comm common on law law Courts may properly resort to common la w principles in construing doubtful provisions of a statute, particularly where such a statute is modeled upon Anglo-American precedents.
10. Conditions Conditions at the the time time of the enactmen enactmentt It is proper, in the interpretation of a statute, to consider the physical conditions of the country and the c ircumstances then obtaining which must of necessity affect its operation in order to understand the intent of the statute. 11. Histor History y of the the times times The history of the times out of which the law grew and to which it may be rationally supposed to bear some direct relationship. CONTEMPORARY CONSTRUCTION
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The constructions constructions placed upon statutes statutes at the time of, or after, after, their enactment enactment by the executive, executive, legislatur legislature e or judicial authorities, as well as those who, because of their involvement in the process of legislation, are knowledgeable of the intent and purpose of the law, such as draftsmen and bill sponsors. The contemporary construction is the strongest in law. Constructi Construction on by an executive executive or administr administrative ative officer officer directly directly called called to impleme implement nt the law May be express – interpretation embodied in a circular, directive or regulation. May be implied – a practice or mode of enforcement of not applying the statute to certain situations or of applying it in a particular manner; interpretation by usage or practice. • •
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Constructi Construction on by the Sec. Sec. of Justice Justice as his capacity capacity as as the chief chief legal advise adviserr of the governme government nt In the form of opinions issued upon request of administrative or executive officials who enforce the law. President or Executive Secretary has the power to modify or alter or reverse the construction given by a department secretary. • •
3. Interpretation handed down in an adversary proceeding in the form of a ruling by an executive officer exercising quasi-judicial power Such rulings need not have the detachment of a judicial, or semi-judicial decision, and may properly carry basis. •
The contemporaneo contemporaneous us constructi construction on is very probably the true expression expression of the legislative legislative purpose, purpose, especially especially if the construction is followed for a considerable period of time. It is thus entitled to great weight and respect by the courts in the inter interpre pretat tation ion of the ambig ambiguou uous s provis provision ions s of law, law, and unless unless it is shown shown to be clearl clearly y errone erroneous ous,, it will will contro controll the interpretation of statutes by the courts. The best interpreter of law is usage. Interpretation by those charged with their enforcement is entitled to great weight by the courts. Contempora Contemporaneous neous construction construction is entitled entitled to great weight because it comes from a particular particular branch of governmen governmentt called called upon to implement the laws thus construed. Respec Respectt is due the govern governmen mentt agency agency or offic official ials s charge charged d with with the implem implement entati ation on of the law for their their compet competenc ence, e, expertness, experience and informed judgment, and the fact that they are frequently the drafters of the law they interpret.
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The court may disregard contemporaneous construction when there is no ambiguity in the law, where the construction is clearly erroneous, where strong reason to the contrary exists, and where the court has previously given the statute a different interpretation. If through the misapprehension of the law an executive or administrative officer called upon to implement it has erroneously applied and executed it, the error may be corrected when the true construction is ascertained. Erroneous contemporaneous construction creates no vested right on the part of those who relied upon, and followed such construction. The rule is not absolute and admits exceptions in the interest of justice and fair play. Legislative interpretation Legislative interpretation of a statute is not controlling, but the courts may resort to it to clarify ambiguity in the language thereof. Legislative approval The legislature is presumed to have full knowledge of a contemporaneous or practical construction of a statute. Legislative ratification is equivalent to a mandate. Reenactment
The most common act of legislative approval; the reenactment of a statute, previously given a contemporaneous construction, is a persuasive indication of the adaptation by the legislature of the prior construction.
Stare Decisis The decision of the SC applying or interpreting a statute is controlling with respect to the interpretation of that statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.
Past decisions of the court must be followed in the adjudication of cases: Stare decisis et non quieta movere, movere , one should follow past precedents and should not disturb what has been settled. Where the court resolved a question merely sub silencio, its decision does not come within the maxim of stare decisis Nor does an opinion expressed by the way, not up to the point in the issue, fall within the maxim; it is merel y an obiter dictum An obiter dictum is an opinion expressed by a court upon some question of law which is not necessary to the decision of the case before it. It is a rem ark, “by the way”; it is not binding as a precedent.
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The rule of stare decisis is not absolute. If found contrary to law, it must be abandoned.
LITERAL INTERPRETATION If a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. Verba legis non est recedendum, recedendum, from the words of a statute there s hould be no departure. departure. Dura lex sed lex The law is harsh, but it is still the law. It must be applied regardless of who may be affected, even if it may be harsh or onerous. When the language of the law is clear, no explanation of it is required. DEPARTURE FROM LITERAL INTERPRETATION Statutes must be capable of construction or interpretation. If no judicial certainty can be had as to its meaning, the court is not at liberty to supply nor to make one. What is within the spirit is within the law
When what the legislature had in mind is not accurately reflected in the language of the statute, resort is had to the principle that the spirit of the law controls its letter. Ratio legis, legis, interpretation according to the spirit of the law.
Literal import must yield to intent The intention of the legislature and its purpose or object controls the interpretation of particular language of a statute. Words ought to be more subservient to the intent and not the intent to the words. Construction to accomplish purpose Statutes should be construed in the light of the object to be achieved and the evil or mischief to be suppressed, and they should be given construction as will advance the object, suppress the mischief, and secure the benefits intended. When reason of law ceases, law itself ceases
Reason for the law is the heart of the law. When the reason of the law ceases, the law itself ceases. The reason of the law is its soul.
Supplying legislative omission
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Where a literal import of the language of the statute shows that words have been omitted that should have been in the statute in order to carry out its intent and spirit, clearly ascertainable from its context, the courts may supply the omission to make the statute conform to the obvious intent of the legislature or to prevent the act from being absurd.
Correcting clerical errors In order to carry out the intent of the legislature, the court may correct clerical errors, which, uncorrected, would render the statute meaningless. Construction to avoid absurdity Courts are not to give a statute a meaning that would lead to absurdities. Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity is to be adopted. Constructing to avoid injustice Presumed that undesirable consequences were never intended as a legislative measure; that interpretation is to be adopted which is free from evil or injustice. Construction to avoid danger to public interest Where great inconvenience will result, or great public interest will be endangered or sacrificed, or great mischief done, from a particular construction of the statute, such construction should be avoided. Construction in favor of right and justice In case of doubt in the interpretati interpretation on and application application of the law, it is presumed presumed that the lawmaking lawmaking body intended intended right and justice to prevail. The fact that the statute is silent, obscure or insufficient with respect to a question before a court will not justify the latter from declining judgment. That one is perceived to tip the scales which the court believes will best promote the public welfare in its probable operation. Surplusage and superfluity disregarded The statute should be construed in accordance with the evident intent of the legislature without regard to the rejected word, phrase or clause. Redundant words may be rejected While the general rule is that every effort should be made to give some meaning to every part of the statute, there is no obligation to give every redundant word or phrase a special significance, contrary to the manifest intention of the legislature. Obscure or missing words or false description may not preclude construction
Neither does false description neither preclude construction nor vitiate the meaning of a statute which is otherwise unclear.
Exemption from rigid application application of the law
Every rule is not without an exception. Where rigorous application may lead to injustice, the general rule should yield to occasional exceptions.
Law does not require the impossible The law obliges no one to perform an impossible thing. Number and gender 1. When the the context context of the statut statute e indicates, indicates, words words in plural plural include include the singula singular, r, vice vice versa. versa. 2. The masculine but not the feminine includes all genders, unless the context indicates otherwise. IMPLICATIONS No statute can be enacted that can provide all the details involved in its application. What is implied in a statute is as much a part thereof as that which is expressed. Grant of jurisdiction The jurisdiction to hear and decide cases is conferred only by the Constitution or by statute. The grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ all writs, processes and other means essential to make its jurisdiction effective. Grant of power includes incidental power Where a general power is conferred or duty enjoined, every particular power necessary for the exercise of one of the performance of the other is also conferred. Grant of power excludes greater power The foregoing principle implies the exclusion of those which are greater than conferred. What is implied should not be against the law
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The statutory grant of power does not include such incidental power which cannot be exercised without violating the Constitution, the statute granting power, or other laws of the same subject. Authority to charge against public funds may not be implied Unless a statute expressly so authorizes, no claim against public finds may be allowed. Illegality of act implied from prohibition Where a statute prohibits the doing of an act, the act done in violation thereof is by implication null and void. No man can be allowed to found a claim upon his own wrongdoing or inequity. inequity. No man should be allowed to take advantage of his own wrong. In Pari Delicto Exceptions to In Pari Delicto 1. It will not not apply when its its enforcement enforcement or applicat application ion will will violate violate an avowed fundam fundamental ental policy policy or public public interest interest 2. When the transactio transaction n is not illegal per per se but merely prohibited prohibited,, and the prohibition prohibition by law is designed designed for the protectio protection n of one party What cannot be done directly cannot be done indirectly What the law prohibits cannot, in some other way, be legally accomplished. There should be no penalty for compliance with law A person who complies with a statute cannot, by implication, be penalized by it. INTERPRETATION OF WORDS Which meaning should be given to a word or phrase in a s tatute depends upon what the legislature intended. Statutory definition The legislative definition controls the meaning of the statutory word, irrespective of any other meaning the word or phrase may have in its ordinary or usual sense. When the term pr phrase is specifically defined in a particular law, the definition must be adopted in applying and enforecing such law. •
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While definitions in a statute must be given all the weight due them, the terms must be given effect in their entiretyas a harmonious, coordinated whole. Statutory definitions are controlling in so far as the said act is concerned. A statutory definition definition does not apply where its application creates incongruities.
Words construed in their ordinary sense In the absence of legislative intent to the contrary, they should be given their plain, ordinary and common usage meanings. General words construed generally A word of general significance in a statute is to be taken in its ordinary and comprehensive sense, unless the word is intended to be given a different or restricted meaning. General words shall be understood in the general sense The general must prevail over the restricted unless the nature and the context indicates that the limited sense is intended •
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Generic term includes things that arise thereafter •
Progressive interpretation – extends by construction the application of a statute to all subjects or conditions within its general purpose or scope that come into existence subsequent to its passage; keeps legislation from becoming ephemeral and transitory
Words with commercial or trade meaning Words and phrases which are in common use among traders and merchants, acquire trade or commercial meanings which are generally accepted in the community in which they have been in common use. In absence of intent to contrary, trade and commercial terms in a statute are presumed to have been used in their trade and commercial sense. Words with technical or legal meaning Should be interpreted according to the sense in which they have been previously used, although the sense may vary from the strict or literal meaning of the words. How identical terms in the same statute are construed A word or phrase repeatedly used will bear the same meaning throughout the statute; presumed to be used in the same sense throughout the law. Meaning of word qualified by purpose of statute The meaning of a word may be qualified by the purpose which induced the legislature to enact the statute. Words or phrases construed in relation to other provisions
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A word or phrase should not be construed in isolation but must be interpreted in relation to other provisions of law; construed as a whole, each provision given effect. Meaning of term dictated by context The context in which the word or term is employed may dictate a different sense. A word is to be understood in the context in which it is used. Where the law does not distinguish Neither should the court Disjunctive and conjunctive words OR is a disjunctive term signifying disassociation and independence of one thing from each of the other things enumerated AND is a conjunction meaning “together with” “joined with” “added to”, “linked to” The term AND/OR means that effect shall be given to both conjunctive and disjunctive • • •
ASSOCIATED WORDS
(Noscitur) Where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found and in which it is associated. Where the law does not define a word used therein, it will be construed as having a meaning similar to that of o words associated with or accompanied by it. Where most of the words in an enumeration are used in their generic sense, the rest of the words should be so o similarly construed.
(Ejusdem) Ejusdem) While general words or expressions in a statute are accorded their full, natural and generic sense, they will not be given such meaning if they are used in association with specific words or phrases. Where a statute describes things of particular class or kind accompanied by words of a generic character, the o generic words will usually be limited to things of a kindred nature with those particularly enumerated, unless there be something in the context of the statute to repel such inference. o Limitations: Limitations: 1. A statut statute e contai contains ns an enumer enumerati ation on of partic particula ularr and specifi specific c words, words, followe followed d by a general general word or phrase 2. The particul particular ar and specific specific words constit constitute ute a class class or are are of the the same kind 3. The enumerat enumeration ion of a particul particular ar and specific specific words words is not exhaust exhaustive ive or is not not merely by example example 4. There is is no indication indication of legisl legislativ ative e intent to to give the the general general words or phrases phrases a broader broader meaning meaning
(Expressio) Expressio) The express mention of one person, thing or consequence implies the exclusion of all others. Limitation: not applicable if there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute, so that the absence of any mention of s uch will not exclude it. Also, must be disregarded if : o It will cause inconvenience Where the legislative intent shows that the enumeration is not exclusive o
(Negative-Opposite) Negative-Opposite) What is expressed puts an end to what is implied.
(Causus) Causus) A person, object or thing omitted from an enumeration must be held to have been omitted intentionally. ONLY when the omission has been clearly established. Does not apply where it is shown that the legislature did not intend to exclude the person, thing or object from the o enumeration.
(Last Antecedent ) Qualifying words restrict or modify only the words or phrases to which they are immediately associated, and not those to which they are distantly or remotely associated. Does not apply when the intention is not to qualify the antecedent at all o
(Reddendo) Reddendo) Antecedents and consequences should be read distributive to the effect that each word is to be applied to the subject to which it appears by context most appropriately related and most applicable.
PROVISO Its office is to limit the application of the enacting clause, section or provision of a statute; introduced by the word “Provided “Provided ” It may enlarge the scope of the law It may assume the role of an additional legislation It modifies only the phrase immediately preceding it or restrains or limit the generality of the clause following it It should be construed to harmonize, and not to repeal or destroy the main provision of the statute • • • •
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Exception introduced by “except”, “unless otherwise” and “shall not apply” is a clause which exempts something from the operation of a statute by express words. An except exception ion exempt exempts s someth something ing absolu absolutel tely y from from the operat operation ion of a statut statute; e; a provis proviso o defeat defeats s its operat operation ion o conditionally. o An exception takes out of the statute something that otherwise would be a part of the subject matter of it. A proviso avoids them by way of an excuse. o One of the functions of a proviso is to except something from an enacting clause. In this sense is it similar with exception.
SAVING CLAUSE A clause in the provision of law which operates to except from the effect of law what the clause provides, or to save something which would otherwise be lost. Must be construed in the light of the legislative intent. STATUTES CONSTRUED AS A WHOLE A statute statute is passed as a whole and not in parts or sections and is animated by one general purpose and intent. The intent or the meaning of the statute should be ascertained from the statute takes as a whole.
Statutes must receive a reasonable construction, reference being had to their controlling purpose. One part is as important as the other. Where a statute statute is susceptible susceptible of more than one interpretatio interpretation, n, the court should should adopt such reasonable reasonable and beneficial beneficial constructi construction on as will render the provision provision operative operative and harmonious. harmonious. Constructi Constructions ons that would render render it inoperativ inoperative e must be avoided; must be reconciled, parts must be a coordinated and harmonious whole. Conflicting provisions should be reconciled and harmonized; they must be reconciled instead of declaring them invalid.
Where there is a particular or special provision and a general provision in the same statute and the latter in its most comprehensive sense would overrule the former, the particular or special provision must be taken to affect only the other parts of the statute to which it may properly apply. apply.
A law should be interpreted with a view to upholding it rather than destroying it. All laws are presumed to be consistent with each other. If provisions cannot be reconciled despite efforts, the courts should choose one that will best effectuate the legislative intent. The interpretation that will give the thing efficacy is to be adopted; legislative did not do a vain thing in its enactment. Construction should avoid surplusage.
Statutes must be construed in harmony with the Constitution. Statutes in pari materia (relating to the same specific subject matter) must be construed together to attain national policy. policy. Legislature is presumed to be aware of prior law. Where there are two acts, one of which is special and particular and the other general which, if standing alone, would include the same subject matter and thus conflicting with the special act, the special must prevail since it evinces the legislative intent more clearly than that of a general statute and must be taken as intended to constitute an exception to the general rule. A special law is considered an exception to the general law on the same subject; the legislature is passing a law of special character has its attention directed to the special facts and circumstances which the special act is intended to meet. Reference statutes Refers to other statutes and makes them applicable to the subject of legislation. Supplemental statutes Intended to supply deficiencies in an existing statute and to add, complete or extend the statute without changing or modifying its original text. Reenacted statutes One in which the provisions of an earlier statute are reproduced in the same or substantially the same words. In construing reenacted statutes, court should take into account prior contemporaneous construction. construction. Adopted statutes Statute patterned after, or copied from a statute of a foreign country. STRICT CONSTRUCTION Construction according to the letter; scope of statute is not extended or enlarged. 1. Penal enal stat statut utes es 2. Statu Statutes tes in deroga derogatio tion n of of rights rights 3. Statu Statutes tes author authorizi izing ng exprop expropria riatio tions ns 4. Stat Statut utes es gran granti ting ng priv privil ileg eges es
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6. 7. 8. 9. 10. 11. 12. 13.
Statu Statutory tory ground grounds s for removi removing ng offic official ials s Natu Natura rali liza zati tion on laws laws Statu Statutes tes impo imposin sing g taxes taxes and and custo custom m duties duties Statu Statutes tes granti granting ng tax exempt exemption ions s Statutes Statutes concern concerning ing the the sovereig sovereign n Statutes Statutes authorizin authorizing g suits against against the government government Statutes Statutes prescribi prescribing ng formaliti formalities es of will will Except Exception ions s and proviso provisos s
LIBERAL CONSTRUCTION Giving a liberal interpretation to save from obliteration; reading into its something which its clear and plain language rejects. 1. Gene Genera rall soci social al legi legisl slat atio ion n 2. Gene Genera rall welf welfar are e clau clause se 3. Grant Grant of power power to to loca locall gove governm rnment ents s 4. Stat Statut utes es gran granti ting ng tax taxin ing g power power 5. Statutes Statutes prescribing prescribing prescriptiv prescriptive e period period to collect collect taxes taxes 6. Statu Statutes tes impos imposing ing penal penaltie ties s for nonpaym nonpayment ent of taxe taxes s 7. Election law laws s 8. Amne Amnesty sty proc procla lama mati tion ons s 9. Statu Statutes tes presc prescrib ribing ing presc prescrip riptio tions ns of crime crimes s 10. Adopti Adoption on statu statutes tes 11. Veteran eteran and pension pension laws laws 12. 12. Rule Rules s of Cou Court rt 13. Other Other statut statutes es Curative statutes o Redemption laws o Instruments of credit o Probation law o MANDATORY STATUTES A statute which commands either positively that something be done, or performed in a particular way, or negatively that something not be done, leaving the person concerned no choice on the matter except to obey. Contains words of command or prohibition. Uses: shall, must, ought, should; prohibitions such as cannot, shall not, ought not 1. Stat Statut utes es conf confer erri ring ng power power 2. Stat Statut utes es gra grant ntin ing g bene benefi fits ts 3. Statu Statutes tes prescri prescribin bing g jurisdic jurisdictio tional nal require requiremen ments ts 4. Statu Statutes tes presc prescrib ribing ing time time to to take actio action n or appeal appeal 5. Statu Statutes tes prescr prescribi ibing ng proced procedura urall require requiremen ments ts 6. Electi Election on laws laws on conduc conductt of of elec electio tion n 7. Election Election laws on qualificat qualification ion and disqualifi disqualificatio cation n 8. Statu Statutes tes prescr prescribi ibing ng qualif qualifica icatio tions ns for office office 9. Statu Statutes tes rela relatin ting g to assess assessmen mentt of taxes taxes 10. Statutes Statutes concerni concerning ng public public auction auction sale sale DIRECTORY STATUTES STATUTES Permissive or discretionary in nature and merely outlines 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 s ubstantially the same result obtained. Uses: may 1. Statu Statutes tes presc prescrib ribing ing guid guidanc ance e for off office icers rs 2. Statu Statutes tes presc prescrib ribing ing mann manner er of judic judicial ial actio action n 3. Statutes Statutes requiri requiring ng renditio rendition n of decisi decisions ons within within prescri prescribed bed period period Statutes are to be construed as having only prospective application, unless the intendment of the legislature to give them a retroactive effect is expressly declared or is necessarily implied from the language used. Presumption is prospectivity.
Prospectivity words/in words/in futuro: futuro: hereafter, thereafter thereafter,, shall have been made, from and after, shall take effect upon its approval
The Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligation of contracts, deprive persons of property without due process of law, or divest rights that have become vested, or which are not in the nature of ex post facto laws. PROSPECTIVE STATUTES STATUTES Operates upon facts or transactions that occur after the statute takes e ffect, one that looks and applies to the future. 1. Pena Penall sta statu tute tes, s, gene genera rall lly y 2. Ex pos postt fac factto law law 3. Bill ill of of att attai ain nder der 4. Stat Statut utes es subs substa tant ntiv ive e in natu nature re 5. Statu Statutes tes affec affectin ting g vest vested ed righ rights ts
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6. 7.
Statu Statutes tes affec affectin ting g obliga obligatio tions ns of contra contracts cts Repe Repeal alin ing g an amen amenda dato tory ry act acts s
RETROACTIVE STATUTES Creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction already past. 1. Proce rocedu dura rall laws laws 2. Cura Curati tive ve stat statut utes es 3. Poli Police ce powe powerr leg legis isla lati tion ons s 4. Statu Statutes tes relati relating ng to prescri prescripti ption on 5. Stat Statut utes es rel relat atin ing g to app appea eals ls AMENDMENT Change or modification by addition or deletion, or alteration of a statute which survives in its amended form. REVISION Purpose is to restate existing laws into one statutes, simplify complicated provisions, and make the laws on the subject easily found. REPEAL A statute repealed is rendered revoked completely
