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Textbook: Statutory Construction by Agpalo

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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: to ascertain and give effect to the intent of the law, to
determine legislative intent.
RuIes of Statutory Construction
These are tools used to ascertain legislative intent. They are
not rules but mere axioms of experience.
LegisIative Intent
The essence of the law. 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 IegisIature must
be determined from the Ianguage empIoyed.
LegisIative Purpose
The reason why a particular statute was enacted by the
legislature.
LegisIative 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 aIso necessary to see whether the
intention or meaning has been expressed in such a way as to give
it IegaI effect and vaIidity.
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 by 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
Ianguage. The province of construction Iies whoIIy within the
domain of ambiguity. Where there is no ambiguity in the words of
a statute, there is no room for construction.
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 applying 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, or those found in the printed page of the statute, and
extrinsic aids, those extraneous facts and circumstances outside the
printed page.
1. Title
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.
2. Preamble
That part of the statute written immediately after its title,
which states the purpose, reason or justification for the
enactment of a law. t is usually expressed in the form
of "whereas clauses.
t is not an essential part of the statute. But it may,
when the statute is ambiguous, be resorted to clarify
the ambiguity, as a key to open the minds of the
lawmakers as to the purpose of the statute.
3. Context of the whole text
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.
4. Punctuation marks
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.
Capitalization of letters
An aid of low degree in the construction of statutes.
6. Headnotes or epigraphs
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.
7. 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.
8. ntent or spirit of 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.
9. Policy of law
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A statute of doubtful meaning must be given a
construction that will promote public policy.
10. Purpose of law or mischief to be suppressed
The purpose or object of the law or the mischief
intended to be suppressed are important factors to be
considered in its construction.
11. Dictionaries
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 of various constructions
Construction of a statute should be rejected if it will
cause injustice, result in absurdity or defeat the
legislative intent.
13. Presumptions
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 law.
1. President's message to the legislature
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.
2. Explanatory note
A short exposition of explanation accompanying a
proposed legislation by its author or proponent. t
contains statements of the reason or purpose of the bill,
as well as arguments advanced by its author in urging
its passage.
3. Legislative debates, views and deliberations
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.
4. Reports of commissions
n 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.
5. Prior laws from which the statute is based
Legislative history will clarify the intent of the law or
shed light on the meaning and scope of the codified or
revised statute.
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.
7. Amendment by deletion
The amendment statute should be given a construction
different from that previous to its amendment.
8. Adopted statutes
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.
9. Principles of common law
Courts may properly resort to common law principles in
construing doubtful provisions of a statute, particularly
where such a statute is modeled upon Anglo-American
precedents.
10. Conditions at the time of the enactment
t is proper, in the interpretation of a statute, to consider
the physical conditions of the country and the
circumstances then obtaining which must of necessity
affect its operation in order to understand the intent of
the statute.
11. History of the 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
The constructions placed upon statutes at the time of, or after,
their enactment by the executive, legislature 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.
1. Construction by an executive or administrative officer directly
called to implement 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.
2. Construction by the Sec. of Justice as his capacity as the chief
legal adviser of the government
n 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.
nterpretation 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 contemporaneous construction is very probabIy the true
expression of the IegisIative purpose, especiaIIy if the
construction is foIIowed for a considerabIe period of time. It is
thus entitIed to great weight and respect by the courts in the
interpretation of the ambiguous provisions of Iaw, and unIess it is
shown to be cIearIy erroneous, it wiII controI the interpretation of
statutes by the courts.
The best interpreter of law is usage.
nterpretation by those charged with their enforcement is
entitled to great weight by the courts.
Contemporaneous construction is entitled to great weight
because it comes from a particular branch of government
called upon to implement the laws thus construed.
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Respect is due the government agency or officials charged
with the implementation of the law for their competence,
expertness, experience and informed judgment, and the fact
that they are frequently the drafters of the law they interpret.
The court may disregard contemporaneous construction when
there is no ambiguity in the Iaw, where the construction is cIearIy
erroneous, where strong reason to the contrary exists, and where
the court has previousIy given the statute a different
interpretation.
f 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.
LegisIative interpretation
Legislative interpretation of a statute is not controlling, but the
courts may resort to it to clarify ambiguity in the language
thereof.
LegisIative approvaI
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, 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 merely 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. t is a remark, "by the
way; it is not binding as a precedent.
The rule of stare decisis is not absolute. f found contrary to
law, it must be abandoned.
LITERAL INTERPRETATION
f 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, from the words of a statute there should be
no departure.
Dura Iex sed Iex
The law is harsh, but it is still the law. t 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. f 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 Iaw
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, interpretation according to the spirit of the law.
LiteraI import must yieId 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 accompIish 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 Iaw ceases, Iaw itseIf 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.
SuppIying IegisIative omission
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 cIericaI errors
n 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 pubIic 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
n case of doubt in the interpretation and application of the law,
it is presumed that the lawmaking body 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.
SurpIusage and superfIuity 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
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obligation to give every redundant word or phrase a special
significance, contrary to the manifest intention of the
legislature.
Obscure or missing words or faIse description may not precIude
construction
Neither does false description neither preclude construction nor
vitiate the meaning of a statute which is otherwise unclear.
Exemption from rigid appIication of the Iaw
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 impossibIe
The law obliges no one to perform an impossible thing.
Number and gender
1. When the context of the statute indicates, words in plural
include the singular, vice versa.
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 incIudes incidentaI 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 excIudes greater power
The foregoing principle implies the exclusion of those which are
greater than conferred.
What is impIied shouId not be against the Iaw
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 pubIic funds may not be impIied
Unless a statute expressly so authorizes, no claim against public finds
may be allowed.
IIIegaIity of act impIied 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. No man should be
allowed to take advantage of his own wrong. In Pari Delicto
Exceptions to In Pari DeIicto
1. t will not apply when its enforcement or application will violate
an avowed fundamental policy or public interest
2. When the transaction is not illegal per se but merely prohibited,
and the prohibition by law is designed for the protection of
one party
What cannot be done directIy cannot be done indirectIy
What the law prohibits cannot, in some other way, be legally
accomplished.
There shouId be no penaIty for compIiance with Iaw
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 statute
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.
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 does not apply where its
application creates incongruities.
Words construed in their ordinary sense
n the absence of legislative intent to the contrary, they should be given
their plain, ordinary and common usage meanings.
GeneraI words construed generaIIy
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
Generic term incIudes 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 commerciaI 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. n
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 technicaI or IegaI 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 identicaI 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 quaIified 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 reIation to other provisions
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 Iaw does not distinguish
Neither should the court
Disjunctive and conjunctive words
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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 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 similarly construed.
(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 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.
Limitations:
1. A statute contains an enumeration
of particular and specific words,
followed by a general word or
phrase
2. The particular and specific words
constitute a class or are of the
same kind
3. The enumeration of a particular
and specific words is not
exhaustive or is not merely by
example
4. There is no indication of legislative
intent to give the general words or
phrases a broader meaning
(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 such will not exclude it. Also, must be
disregarded if :
t will cause inconvenience
Where the legislative intent shows that the
enumeration is not exclusive
(Negative-Opposite) What is expressed puts an end to what is
implied.
(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 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
(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
ts office is to limit the application of the enacting clause, section or
provision of a statute; introduced by the word "Provided
t may enlarge the scope of the law
t may assume the role of an additional legislation
t modifies only the phrase immediately preceding it or restrains
or limit the generality of the clause following it
t should be construed to harmonize, and not to repeal or
destroy the main provision of the statute
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 exception exempts something absolutely from
the operation of a statute; a proviso defeats its
operation conditionally.
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.
One of the functions of a proviso is to except
something from an enacting clause. n 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 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 is susceptible of more than one interpretation,
the court should adopt such reasonable and beneficial
construction as will render the provision operative and
harmonious. Constructions that would render it inoperative
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 particuIar or speciaI provision and a generaI
provision in the same statute and the Iatter in its most
comprehensive sense wouId overruIe the former, the particuIar or
speciaI provision must be taken to affect onIy the other parts of
the statute to which it may properIy appIy.
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.
f 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.
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Construction should avoid surplusage.
Statutes must be construed in harmony with the Constitution.
Statutes in pari materia (reIating to the same specific subject
matter) must be construed together to attain nationaI poIicy.
Legislature is presumed to be aware of prior law.
Where there are two acts, one of which is speciaI and particuIar
and the other generaI which, if standing aIone, wouId incIude the
same subject matter and thus confIicting with the speciaI act, the
speciaI must prevaiI since it evinces the IegisIative intent more
cIearIy than that of a generaI statute and must be taken as
intended to constitute an exception to the generaI ruIe. 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.
SuppIementaI statutes
ntended 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 shouId take into account
prior contemporaneous 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 statutes
2. Statutes in derogation of rights
3. Statutes authorizing expropriations
4. Statutes granting privileges
5. Legislative grants to local government units
6. Statutory grounds for removing officials
7. Naturalization laws
8. Statutes imposing taxes and custom duties
9. Statutes granting tax exemptions
10. Statutes concerning the sovereign
11. Statutes authorizing suits against the government
12. Statutes prescribing formalities of will
13. Exceptions and provisos
LIBERAL CONSTRUCTION
Giving a liberal interpretation to save from obliteration; reading into its
something which its clear and plain language rejects.
1. General social legislation
2. General welfare clause
3. Grant of power to local governments
4. Statutes granting taxing power
5. Statutes prescribing prescriptive period to collect taxes
6. Statutes imposing penalties for nonpayment of taxes
7. Election laws
8. Amnesty proclamations
9. Statutes prescribing prescriptions of crimes
10. Adoption statutes
11. Veteran and pension laws
12. Rules of Court
13. Other statutes
Curative statutes
Redemption laws
nstruments of credit
Probation law
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. Statutes conferring power
2. Statutes granting benefits
3. Statutes prescribing jurisdictional requirements
4. Statutes prescribing time to take action or appeal
5. Statutes prescribing procedural requirements
6. Election laws on conduct of election
7. Election laws on qualification and disqualification
8. Statutes prescribing qualifications for office
9. Statutes relating to assessment of taxes
10. Statutes concerning public auction sale
DIRECTORY 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 substantially the same result obtained. Uses: may
1. Statutes prescribing guidance for officers
2. Statutes prescribing manner of judicial action
3. Statutes requiring rendition of decisions within prescribed
period
Statutes are to be construed as having onIy prospective
appIication, unIess the intendment of the IegisIature to give them
a retroactive effect is expressIy decIared or is necessariIy impIied
from the Ianguage used. Presumption is prospectivity.
Prospectivity words/in futuro: hereafter, 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 obIigation of contracts, deprive
persons of property without due process of Iaw, or divest rights
that have become vested, or which are not in the nature of ex
post facto Iaws.
PROSPECTIVE STATUTES
Operates upon facts or transactions that occur after the statute takes
effect, one that looks and applies to the future.
1. Penal statutes, generally
2. Ex post facto law
3. Bill of attainder
4. Statutes substantive in nature
5. Statutes affecting vested rights
6. Statutes affecting obligations of contracts
7. Repealing an amendatory acts
RETROACTIVE STATUTES
Creates a new obligation, imposes a new duty or attaches a new
disability in respect to a transaction already past.
1. Procedural laws
2. Curative statutes
3. Police power legislations
4. Statutes relating to prescription
5. Statutes relating to appeals
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