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Bukidnon State University College of Law

The document discusses principles of statutory construction under Philippine law. It addresses the plain meaning rule and how statutes should be interpreted based on the ordinary meaning of words, unless defined otherwise. It discusses interpreting statutes based on legislative intent and purpose, avoiding absurdity, and giving terms consistent meanings. Examples are provided to illustrate interpreting words based on their ordinary, statutory, technical, or commercial meanings in context. Associated principles like noscitur a sociis and ejusdem generis are also explained, relating to interpreting ambiguous words based on surrounding terms. The overall document provides an in-depth overview of approaches and limitations to interpreting legal statutes under Philippine jurisprudence.
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0% found this document useful (0 votes)
107 views26 pages

Bukidnon State University College of Law

The document discusses principles of statutory construction under Philippine law. It addresses the plain meaning rule and how statutes should be interpreted based on the ordinary meaning of words, unless defined otherwise. It discusses interpreting statutes based on legislative intent and purpose, avoiding absurdity, and giving terms consistent meanings. Examples are provided to illustrate interpreting words based on their ordinary, statutory, technical, or commercial meanings in context. Associated principles like noscitur a sociis and ejusdem generis are also explained, relating to interpreting ambiguous words based on surrounding terms. The overall document provides an in-depth overview of approaches and limitations to interpreting legal statutes under Philippine jurisprudence.
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Bukidnon State University

College of Law

Statutory Construction
Atty. Gerardo C. Murillo

Ira Kristel M. Onahon


First Year- Block A
I.

A. Discuss the meaning of the Plain-meaning rule

If a statute is clear, plain and free from ambiguity, it must be given its
literal meaning and applied without attempted interpretation. When the
language of the law is clear, no explanation of it is required. It is presumed
that the words employed by the legislature in a statute correctly express its
intent or will. Where a statute defines a word or phrase employed therein, the
word or phrase should not, by construction, be given a different meaning. When
the legislature defines a word used in a statute, it does not usurp the courts
function to interpret the laws but it merely legislates what should form part of the
law itself. Thus, what is not clearly provided in the law cannot be extended
to those matters outside its scope.

B. Explain the relationship of the principle which states that “The law may be harsh,
but it is the law” (dura lex sed lex) with the plain-meaning rule.

When the law is clear, it is not susceptible of interpretation. It must be


applied regardless of who may be affected, even if it may be harsh or
onerous.

C. Explain the phrase “interpretation of the spirit or reason of the law” (ratio legis).
What is the limitation of this rule?

The spirit or intention of a statute prevails over the letter of it. A statute
must be capable of construction or interpretation. The court must use every
authorized means to ascertain the intent of the statute and give it an
intelligible meaning. The court may even depart from the language of a
statute if to do so will enable to effectuate legislative intent and purpose. If
a language is capable of more than one meaning is to be taken in such
sense as to harmonize with the intention and object and effectuate the
purpose of the enactment.

Applies only when there is ambiguity in the language employed in the law.
Where the law is clear and free from ambiguity, the letter of the law is not
disregarded on the pretext of pursuing its spirit.

D. Discuss the principle that when the reason of the law ceases, law itself ceases.
The reason which induced the legislature to enact a law is the heart of the
law. Hence, the reason of the law is its soul.
Where a statute totally fails to express a meaning, a becoming sense of
judicial modesty forbids the court from assuming and, consequently, from
supplying a meaning to it. Hence, the statute is necessarily inoperative.

E. State the meaning of the following:

a. Construction to avoid absurdity


Statutes may be extended to cover cases not within the literal
meaning of the terms, if their exact and literal import would lead to
absurd or mischievous result nonsensical results.
Presumption: Congress could not have intended absurd interpretation
of the law.
Maxim : interpretatio talis in ambiguis simper fienda est ut evitetur
inconveniens et absurdum (where there is ambiguity, such
interpretation as will avoid inconvenience and absurdity is adopted)
b. Construction to avoid injustice
The interpretation to be adopted is that which is free from evil or
injustice. Presumption : The legislature, in enacting a law, did not
intend to work a hardship or an oppressive result.
Maxim: interpretation quae vitio caret (that interpretation is to be
adopted which is free from evil or injustice)
c. 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 a statute, such construction is to be avoided.
d. Construction in favour of right and justice
Any doubt in the construction of a statute should be resolved in
favour of right and justice.
Maxim : jure nature aequum est neminem cum alterius detriment et
injuria fiery locupletiorum (when the statutes are silent or obscure, the
solution is that would response to the vehement urge of conscience)

F. State the rule on Surplusages and superfluities.

Where a word, phrase or clause in a statute is devoid of meaning in


relation to the context or intent of the statute, or where it suggests a
meaning that nullifies the statute or renders it without sense, the word,
phrase or clause may be rejected as surplusage and entirely ignored.

G. What is the doctrine of necessary implication?


what is implied in the statute is as much a part of it as that which is
expressed. Every statute is understood, by implication, to contain all such
provisions as may be necessary to effectuate its object and purpose.

Maxims : ex necessitate legis (from the necessity of law) in ei quod plus


sit, semper inest et minus (the greater includes the lesser)

II.

A. State and explain exhaustively by giving examples of the rule in the interpreting
the meaning and scope of the different terms used in law.

Words or phrases may have an ordinary, generic, restricted, technical, legal,


commercial or trade meaning, which may be defined by the statute itself or
have received a judicial construction. Which meaning should be given a word
or phrase rests upon what the legislature intended.

Ordinary meaning
 The general rule is that words should be given their plain, ordinary,
and common usage meaning.
 Natural, ordinary, commonly accepted and most obvious signification

Statutory definition
 Statutes sometimes define particular words and phrases In this case,
the legislative definition controls the meaning of the word, irrespective
of the ordinary or common meaning But it is not a usurpation of the
court’s function to interpret the laws, since it merely legislates what
should form part of the law itself.
General words
 Words of general significance in a statute is to be taken in its
ordinary and comprehensive sense.
 A general word should not be given a restricted meaning where no
restriction is indicated.
 If a word in a statute has both restricted and general meaning, the
general must prevail over the restricted unless the nature of the
subject matter or the context in which it is employed clearly indicates
that the limited sense is intended.

Commercial or trade meaning


 Words and phrases, which are common use among merchants and
traders, acquire trade or commercial meanings which are generally
accepted in the community in which they have common use. Hence,
the understanding of the trader determines the construction to be
given Usually applicable to tariff laws and laws of commerce.

Technical or legal meaning


 Words used in technical sense, or have been judicially construed to
have a certain meaning, or has a well-known legal meaning.

Identical terms
 The general rule is words or phrases repeatedly used in a statute will
bear the same and consistent meaning throughout the whole statute.

Qualified by purpose of statute


 The purpose is that which induced the legislature to enact the statute.
Hence, the court should adopt that interpretation that accords best
with the manifest purpose of the statute or promotes or realizes its
object.
 Construction should be rejected if it negates the purpose of the law.

Construed in relation to other provisions.


 Words and phrases must be interpreted in relation to other provisions,
and not in isolation.
 Variation of construction as a whole.

Dictated by context
 The context dictates how words should be construed.
 Broad sense to a word of ordinarily limited meaning (e.g.
riparian refers not only those living near the river but have a
water frontage)
 Limited meaning of a word of broad signification (e.g. overthrow
in the AntiSubversion Act is limited to those by force or
violence)
 Generic in one part, limited in another (e.g. owner may be real
or the manager)
Disjunctive and conjunctive words
 Disjunctive words signify disassociation and independence of one
thing from each other enumerated (e.g. “or”).
 Conjunctive words means “together with,” “joined with,” “along or
together with,” “added to or linked to” used to conjoin word with word,
phrase with phrase, clause with clause.
B. Discuss the following principles and their applications:
a. Noscitur a sociis
 Where a particular word or phrase is ambiguous in itself
or equally susceptible of various meanings, its correct
construction may be made clear and specific by
considering the company of words associated.
 Where most of the word in an enumeration of words in a
statute are used in their generic and ordinary sense, the rest
of the words should similarly be construed.
 To remove doubt refer to the meaning of associated or
companion word.

b. Ejusdem generis
 While general words are accorded their generic sense, as a
rule, they will not be given such meaning if they are used in
association with specific words.
 When a general word follows an enumeration of particular
and specific words of the same class, the general word is
to be restricted to persons, things or cases of the same
kind as those specifically mentioned.
Presumption : Had the legislature intended the general words to
be used in their generic and unrestricted sense, it would not
have enumerated
specific words since the minds of the legislators are addressed
to the particularization.

Requisites :
1. Enumeration of particular and specific words, followed by a
general word.
2. The specific words constitute a class or of the same kind.
3. Enumeration is not exhaustive or be an example.
4. No indication of legislative intent to give the general words
or phrases a broader meaning.

Limitations :
1. The specific words do not constitute a readily discernible
class and are patently not of the same kind.
2. There is the regulatory intent to give the general phrase a
broader meaning.
3. The most important is that the statutory provision is not itself
restrictive.
4. Where the law is clear and free from ambiguity.

Rule of ejusdem generis, is not of universal application; it


should use to carry out, not defeat the intent of the law.

c. Expressio unius est exlclusio alterius


 Express mention of one person, thing or consequence
implies the exclusion of all the others Also known as
negative-opposite doctrine.
 Canon of restrictive interpretation based on the rules of logic
and the natural workings of the human mind
(particularization)
 Opposite of doctrine of necessary implication
 Generally used in the construction of statutes granting
powers, creating rights and remedies, restricting common
rights, and imposing penalties and forfeitures, as well as
those strictly construed.

Presumption :
The legislature would not have made specified enumerations in
the statute had the intention been not to restrict its meaning
and confine its terms to those expressly mentioned.

Variations :
1. What is expressed puts an end to that which is implied (i.e.
if the statute is expressly limited, it may not be extended to
other matters)
2. A thing that is not excepted must be regarded as coming
within the purview of the general rule (exceptio firmat regulam in
casibus no exeptis)

Limitations :
1. Not applicable where words are used by example only or to
remove doubts
2. When the enumeration was not intended to be exclusive
3. If there is no reason why other persons or things not so
enumerated should not have been included and manifest
injustice will follow by non-inclusion (violation of equal protection
clause)
4. When it defeats the plainly indicated purpose of the
legislature
5. If it leads to inconvenience, hardship and injury to public
service

Rule may be expressed in a number of ways:


i. Expressum facit cessare tacitum - what is expressed
puts an end to that which is implied where a statute,
by its terms, is expressly limited to certain matters, it
may not, by interpretation or construction, be extended
to other matters.
ii. Exceptio firmat regulam in casibus non exceptis - A
thing not being excepted must be regarded as coming
within the purview of the general rule.
iii. Expressio unius est exclusion alterius - The
expression of one or more things of a class implies the
exclusion of all not expressed, even though all would
have been implied had none been expressed; opposite
the doctrine of necessary implication.

Application of expression unius rule:


Generally used in construction of statutes granting powers,
creating rights and remedies, restricting common rights,
imposing rights & forfeitures, as well as statutes strictly
construed.

d. Doctrine of casus omissus


 A person, object or thing omitted from an enumeration
must be held to have been omitted intentionally.
 The maxim operates only if and when the omission has
been clearly established, and in such a case what is
omitted in the enumeration may not, by construction, be
included therein.

Exception: where legislature did not intend to exclude the


person, thing or object from the enumeration. If such
legislative intent is clearly indicated, the court may supply the
omission if to do so will carry out the clear intent of the
legislature and will not do violence to its language.

e. Rule of redendo singal singulis (referring each to each)


 Referring each phrase to its appropriate object.
 Let each be put in its proper place.
 Words should be taken distributively (Each word is to be
applied to the subject.

III.
A. Discuss the concept that a statute should be 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. Hence, it should be construed as a
harmonious whole.
Maxim : Ut res magis valeat quam pereat (that construction is to be sought
which gives effect to the whole of the statute).

Importance in construction
The intent of the statute is ascertained from it taken as a whole. And this
purpose (intent) controls its construction- how each word and phrases may
be given meaning.

 Intent is ascertained from statute as a whole


 The intent or meaning of it should be ascertained from the
statute taken as a whole and not from isolated parts of it.
 A statute should be construed with reference to every other
part and every word and phrase in connection with its context.

Maxim : optima statuti interpretatrix est ipsum statutum (the best


interpreter of a statute is the statute itself).

Construction of a statute as a whole

Because a statute is enacted as a whole and not in parts, every part is as


important as the other. Hence, in order to properly and intelligently construe a
provision or section of a statute, understand its meaning and scope, and
apply it to an actual case, the courts should consider the whole act itself.
(i.e. a provision unclear by itself may be made clear by reading and
construing it in relation to the whole statute)

Presumption :
The legislature has enacted a statute whose provisions are in harmony and
consistent with each other and that conflicting interpretation in the same
statute are never supposed or regarded.

Exception :
If one part of a statute cannot be reconciled or harmonized with another
without nullifying one in favour of another, the court should construe it by
choosing the one which will best effectuate the legislative intent.

How done :
1. Take the thought conveyed by the statute as a whole
2. Construe the constituent parts together
3. Ascertain the legislative intent from the whole act
4. Consider each and every provision in the light of its general
purpose
5. Endeavor to make every part effective, harmonious and sensible

Apparently conflicting provisions reconciled.


 All provisions, even if apparently contradicting, should be allowed
to stand and given effect by reconciling them.
 The courts should endeavour to reconcile statutes instead of
declaring outright the invalidity of one against the other.

Construction to avoid conflict with the constitution:

A statute should not be construed in such a way that will give rise to a
constitutional doubt.
 If a statute is reasonably susceptible of two constructions, one
constitutional and one unconstitutional, that construction in favour of its
constitutionality shall be avoided and the construction that will render
it invalid rejected.
 Every intendment of the law should lean towards its validity, and the
court should favour that construction which gives it the greater
chance of surviving the test of constitutionality.
 Courts may be even justified in disregarding the more usual and
apparent import of the language used in the statute and in straining
the ordinary meaning of words to avert any collusion or repugnancy
between what the statute provides and what the Constitution requires.

B. What is the doctrine of in pari materia and how are statutes in pari materia
construed?

Statutes in pari materia


 Two or more statutes relate to the same specific subject matter.
 Relate to the same person or thing, or have the same purpose or
object, or cover the same specific or particular subject matter.
 Statutes must be construed not only to be consistent with itself but
also to harmonize with other laws on the same subject matter, as to
form a complete, coherent, intelligible, and uniform system of
jurisprudence.
 The best method of interpretation is that which makes laws
consistent with each other.
 Two or more statutes on the same subject were enacted at different
times and under dissimilar circumstances or conditions, their
interpretation should be in accordance with the circumstance or
conditions peculiar to each (distinguire tempora et concordabis jura
or distinguish times and you will harmonize laws)

Presumption:
Laws are consistent with each other. Whenever a legislature enacts a law,
it has in mind the previous statutes relating to the same subject matter, and
in the absence of any express repeal or amendment, the new statute is
deemed enacted in accord with the legislative policy embodied in those prior
statutes.
Maxim : interpretare et concordare leges legibus est optimus interpretandi
modus (every statute must be so construed and harmonized with other
statutes as to form a uniform system of jurisprudence)

Construing statutes in pari materia


Ask the question : Does the later act impliedly amended or repealed the
earlier statute?

General rule :
A statute will not be construed as repealing a prior act on the same
subject. In case of doubt, it will be resolved against implied amendment or
repeal and in favour of harmonization of all laws on the subject matter.

Exceptions :
1. Unless there is an irreconcilable repugnancy between them and
harmonization or reconciliation is not possible
2. The new law evidently intended to supersede all prior acts on the matter
to comprise itself the sole and complete system of legislation on the subject

If harmonization is impossible:
 If there has been an implied repeal, the latter statute should be
construed as to modify the prior law no further than may be
necessary to effect the specific purpose of the latter enactment.
 If cannot be possibly harmonized, the earlier one must yield to the
later one, it being the latest expression of legislative will.

Examples of statutes in pari materia:


1. General and special statutes
2. Reference statutes
3. Supplemental statutes
4. Reenacted statutes
5. Adopted statutes

IV.
A. Enumerate the statutes that are to be strictly construed and explain the reason
for the said construction.

The following are statutes strictly construed:

1. Penal statutes
2. Statutes in derogation of rights a. Statutes authorizing
expropriations b. Statutes imposing taxes and custom duties c.
Statutory grounds for removing officials
3. Statutes granting privileges
a. Legislative grants to local government units
b. Naturalization laws
c. Statutes granting tax exemptions
d. Statutes prescribing formalities of will 4. Statutes concerning
the sovereign a. Statutes authorizing suits against the
government
5. Exceptions and provisos

1. Penal statutes
Those which define crimes, treat of their nature, and provide for
their punishment
Strictly construed against the State and liberally in favour of the
accused

Reason:
a. The law is tender in favour of rights of an individual; the
object is to establish a certain rule by conformity to which
mankind would be safe, and the discretion of the court limited.
b. It is not to enable a guilty person to escape punishment
through a technicality but to provide a precise definition of
forbidden acts.

General rule :
Penal statute shall not be construed to make the commission
of certain prohibited acts criminal without regard to the intent of
the doer

Maxim : actus non facit reum nisi mens sit rea (the act itself
does not make a man guilty unless his intention were so)
actus me invite factus non est meus actus (an act done by
me against my will is not my act)

Exception : If acts are only mala prohibita and the statutes


plainly prohibits an act without implying that it be done
knowingly of willfully.

Limitations to construction in favour of the accused :


1. Not to be construed as to defeat the obvious purpose
of the legislature
2. Only when the law is ambiguous and there is doubt in
its meaning.

2. Statutes in derogation of rights


In the exercise of the police power, the legislature may enact
laws curtailing or restricting rights of the people. Because they are
in derogation of common or general rights, they are strictly
construed and confined within their scope.

a. Statutes authorizing expropriations


Same as the above but based on the power of eminent
domain Strictly construed against the expropriating authority
and liberally in favour of the property owners.

b. Statutes imposing taxes and custom duties


Power to tax is incident of sovereignty and is unlimited in
range. That is why it is regarded that the “power to tax involves
the power to destroy”. Taxation is a destructive power which
interferes with personal and property rights of the people Strictly
construed against the government and liberally in favour of the
taxpayer.
c. Statutory grounds for removal of officials
Those referring to suspension or removal of public officials are
to be construed strictly. Must be confined within the limits
prescribed: causes, manner, condition.
Reason : Removal is a drastic action that would result to
injustice and harm to public interest.

3. Statutes granting privileges


Viewed with suspicion because grants of advents created special
privileges or monopolies for the grantees. Strict construction
requires that those who invoke the grant should strictly comply
with the provisions.
Maxim : privilegia recipient largam interpretationem voluntati
consonam concedentis (privileges are to be interpreted in
accordance to the will of him who grants them)

a. Legislative grants to local government units


Grants of public nature and should be construed strictly
against the grantee Gratuitous donation of public money or
property which would result in an unfair advantage to the
grantee
b. Naturalization laws
Strictly construed against the applicant for citizenship and
should be rigidly enforced and followed Reason : The right
of an alien to become a citizen is a statutory and not a
natural one. It does not become vested until he files a
petition and establishes by competent and satisfactory
evidence that he has all the qualifications and none of the
disqualifications specified by law.
c. Statutes granting tax exemptions
The law frowns against exemption from taxation - It must be
strictly construed against the taxpayer and liberally in favor
of the taxing authority.
Reason : Minimize the different treatment and foster
impartiality, fairness, and equality of treatment among
taxpayers.
Exceptions :
1. Where the provision of the law is clear and
unambiguous.
2. There is no qualification for the granting of exemption.
3. Exemptions in favor of government itself or its
agencies.

d. Statutes prescribing formalities of will


Strictly construed as to make noncompliance to the
statutory requirements shall invalidate the will. This is not a
matter of right of the testator but of the privilege given by
the legislature, hence, the intent of the legislature and not of
the testator should apply.

4. Statutes concerning the sovereign


 Restrictive statutes which impose burdens on the public
treasury or which diminish the rights and interest of the
government are strictly construed
 The statutes, no matter how broad, will not cover the
sovereign until it is specifically mentioned
 The government does not fall within the terms of any
legislation

a. Statutes authorizing suits against the government


o The sovereign is exempt from suit, in the absence
of its consent to be sued, is a universal rule.
o To justify a suit against the government, there
must be a law conferring the right to maintain the
action that must be plain and positive.
Reasons :
1. Classical - There can be no legal right as against the
authority that makes the law on which rights depend
(nullum tempus occurit regi)
2. Practical- To allow the State to be sued without its
consent is to make it subject to inconvenience and loss
of governmental efficiency, with a more adverse result
greater than if the doctrine is abandoned.

5. Exceptions and provisions


General rule : All doubts should be resolved in favor of the
general provision rather than the exception.
 Exceptions should be strictly but reasonably construed, and
extends only so far as their language fairly warrants –
 Provisos should be strictly construed since the legislature
sets forth in the general enactment its policy and only those
exempted by the proviso should be freed from the
operation of the statute.

B. Enumerate the statutes that are to be liberally construed and explain the reason
for the said construction.

The following are statutes liberally construed:

1. General social legislation


2. Grant of power to local governments
a. General welfare clause
b. Statutes granting taxing power to local government
3. Statutes prescribing prescriptive period to collect taxes
4. Statutes imposing penalties for nonpayment of taxes
5. Election laws
6. Amnesty proclamations
7. Statutes prescribing prescriptions of crimes
8. Adoption statutes
9. Veteran and pension laws
10. Rules of Court
11. Other statutes
a. Curative statutes
b. Redemption law
c. Warehouse receipt laws
d. Probation law
e. Statutes granting powers to an agency created by the
Constitution

1. General social legislation


 These are statutes enacted to implement the social justice
and protection-to-labor provisions of the Constitution, and are
construed liberally.
 The doubt should be resolved in favour of the persons
whom the law intended to benefit.
 For it is only by liberal construction that the constitutional
mandate may be realized

Limitation : Holds true only when there is doubt or ambiguity in the


law and not when it is clear and free from doubt.

2. Grant of power to local governments


The trend is from a limited self-government to full autonomy.
a. General welfare clauses –
Has two branches:
o The first branch relates to the municipal authority to
create ordinances and regulations as may be necessary
to carry into effect the powers and duties conferred upon
the local legislative bodies by law.
o The second branch authorizes such ordinances necessary
to provide for the general welfare (healthy, safety, peace
and order, promote prosperity and improve the morals)
Construed liberally in favour of the local governments
because the general welfare clauses are elastic and must
be responsive to various social conditions
b. Statutes granting taxing power to local governments
The local governments are now empowered to create their own
sources of revenues, hence, statutes limiting the taxing power
of local governments should be construed strictly against the
National Governments and liberally in favour of them.

3. Statutes prescribing prescriptive period to collect taxes


These are beneficial both to the government and to the taxpayer,
since:
 Tax officers would be obliged to act promptly in making
assessments.
 Citizens would have a feeling of security against tax agents
who takes advantage and harass taxpayers
Liberally construed in a way conducive to bring out the beneficial
purpose of affording protection to taxpayers.

4. Statutes imposing penalties for non-payment of taxes


 Liberally construed in favour of the government and strictly
interpreted against the taxpayer.
 This is to hasten payments of taxes and punish evasions.
 If condoned, government services will suffer If possible, it
should be interpreted to avoid tax evasions.

5. Election laws
 Reasonable and liberally construed to achieve the purpose-
to safeguard the will of the electorate in choosing their
representatives
It has three parts:
1. Provisions for the conduct of elections which election
officials are required to follow are mandatory before the
elections and directory after elections. These are liberally
construed so as not to vitiate the election.
2. Provisions which candidates for office are required to
comply are mandatory and failure to comply is fatal.
3. Provisions designed to determine the will of the electorate
are liberally construed, technical and procedural barriers
should not be allowed to stand if they constitute an
obstacle in the choice of elective officials.

6. Amnesty proclamations
Liberally construed in favour of the persons within the amnesty
grant to encourage the return to the fold of law those who have
veered away from it. The same goes with pardon since the two are
synonymous

7. Statutes prescribing prescription of crimes


Is in the nature of amnesty and should be liberally construed in
favour of the accused.
Its existence is a recognition and notification by the legislature of
the fact that time assigned to it destroys proofs of guilt

8. Adoption statute
Liberally construed in favour of the child adopted. This is in
consonance in the concept that adoption statutes, being humane
and salutary, hold the interest and welfare of the child to be of
paramount consideration.

9. Veterans and pension laws


Liberally construed in favour of the persons intended to be
benefited
 Veterans laws are expression of gratitude to and recognition
of those who rendered service to the country by extending
monetary benefits.
 Pension and retirement laws intend to provide for
sustenance and comfort, when the former employee has no
longer the stamina to continue earning his livelihood after
devoting the best years of his life to public service.

10. Rules of Court


Liberally construed because of being procedural in nature. It should
not be interpreted to sacrifice substantial rights of the litigant at
the altar of technicalities to the consequent impairment of the
principles of justice.

11. Other statutes


a. Curative statutes –
Enacted to cure defects in a prior law or to validate legal
proceedings which would otherwise be void for want of
conformity with certain legal requirements. - Intended to supply
defects. Abridge superfluities and curb certain evils, and are
retroactive.
b. Redemptive laws –
Liberally construed to allow the debtor to have his property
appliquéd to pay as many debtor’s liabilities as possible - The
doubt should resolve in favor of exemption from execution or
attachment.
c. Warehouse receipt laws –
Given liberal construction in favor of the holder of such receipts
because they play an important role in modern commerce.
d. Probation law —
Liberally construed by extending the benefits to any one not
specifically disqualified. This is because of the goal of the probation
to give first-hand offenders a second chance to maintain his place
in society
e. Statutes granting power to an agency created by the Constitution

V.

A. Distinguish mandatory and directory statutes

Mandatory statutes
 Positive- Commands that something be done, or performed in a
particular way.
 Negative- Prohibition; that something be not done, leaving the
person concerned no choice on the matter except to obey
- acts executed against the provisions of mandatory or prohibitory
laws shall be void.

Directory statutes
1. 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 will have substantially the same result.
2. Statute which merely operates to confer discretion upon a person,
namely, to act according to the dictates of his own judgment and
conscience, and not controlled by the judgment and conscience of
others.

B. Discuss the different tests to determine whether a statute is mandatory or


directory in nature.

Test is to ascertain the consequences that will follow in case what the
statute requires is not done or what it forbids is performed.

There are two ways to determine whether a statute is mandatory or directory in


nature:
i. Language used
ii. Departure from the language

i. Language used
General rules :
1. Statutes using words of commands (shall, must, ought, should) or
prohibition (cannot, shall not, ought not) connotes compulsion and are
regarded as mandatory and imperative.
2. Negative words or those in form of an affirmative proposition
qualified by the word “only” have the force of exclusionary negation.
3. This indicates the legislative intent to make the statute mandatory
and can rarely be directory.
4. Statutes using permissive words (may) or words importing
permissiveness are generally directory.
5. “May” as an auxiliary verb shows opportunity or possibility, it
implies a possible existence of something.

Generally mandatory – command words


 Shall or Shall not
 Must or Must not
 Ought or Ought not
 Should or Should not
 Can or Cannot •
Generally directory – permissive words
 May or May not

ii. Departure from the language


There is no universal rule to distinguish mandatory from directory
statutes. Neither is there an absolute test for determining whether a
statute is to be considered mandatory or directory. Hence, “shall”
may be construed as “may and vice versa. To determine the
construction, the legislative intent must be ascertained from all
surrounding circumstance:
1. Entire statute
2. Object
3. Purpose
4. Legislative history
5. Consequences

Directory if...
a. No substantial rights depend on it.
b. No injury can result from ignoring it.
c. The purpose of the legislature can be accomplished in a
manner other than that prescribed and substantially the same
results obtained.
d. Where the directions of the statute are given merely with a
view to the proper, orderly, and prompt conduct of business.
e. Compliance with the statute is a matter of convenience
rather than substance.

Mandatory if...
a. The doing of an act is required by justice or public duty.
b. It vests a public body or officer with power and authority to
take such action which concerns the public interests or rights
of individuals.
c. If it will cause hardship or injustice on the part of the public.
d. If it will lead to absurd, impossible or mischievous
consequences.
e. Non-compliance with what is required will result in the
nullity of the act.

C. Enumerate and explain the mandatory statutes.

The following are mandatory statutes:

1. Conferring power
2. Granting benefits
3. Prescribing jurisdictional requirements
a. Prescribing time to take action or to appeal
b. Prescribing procedural requirements
4. Election laws on conduct of election
5. Election laws on qualifications and disqualifications
6. Prescribing qualifications for office
7. Assessment of taxes
8. Public auction sale

1. Statutes conferring power


 Confer upon a public body or officer power to performs acts
which concern the public interests or rights of individuals.
 The power is given not for the benefit of the public officer
but for third persons to meet the demands of rights and to
prevent a failure of justice.

2. Statutes granting benefits


 Requires certain steps to be taken or certain conditions to
be met before persons concerned can avail of the benefits
conferred by law.
 Failure of persons to take the required steps or to meet the
conditions will prevent him from availing of this benefits.
Maxim : vigilantibus et non dormientibus jura subveniunt (law aids
the vigilant, and not those who slumber on their rights) potior est
in tempore, potior est in jure (he who is first in time is preferred
in right)

3. Statutes prescribing jurisdictional requirements


Requirements by which courts or tribunals acquire jurisdiction to
hear and decide cases must be strictly complied with (e.g.
publication before a court hear a petition for land registration,
written claim of refund to Commissioner of Internal Revenues
before actions for refund)

a. Statutes prescribing time to take action or to appeal.


 Maxim If a decision is adverse to a litigant, it absolutely
indispensable to take action or appeal at the prescribed time
in a the prescribed manner.
 This is to prevent needless delays and for the orderly and
speedy discharge of business.
 Failure to do this will leave the appellate court without
jurisdiction.
Maxim: reipublicae ut sit finis litium (public interest requires an
end to a legal controversy)

b. Statutes prescribing procedural requirements


Every act which is jurisdictional, or is an essence of the
proceeding, or for the protection or benefit of the party affected.

4. Election laws on conduct of election


General rule : All provisions governing the conduct of elections and
prescribing steps for the election officials are mandatory before the
elections. If sought to enforce after election day, they become
directory only if this will deprive innocent voters, without fault on
their part, of their votes
Reason : These steps were adopted to assist the voters in their
participation in the affairs of the government and not to defeat that
object. When voters have honestly cast their ballots, the same
should not be nullified simply because the officers have failed to
do their duty. To make these mandatory would nullify the votes
affected. Interested people will just be tempted and conspire to
create irregularities that will result to the vitiation of the election.

5. Election laws on qualification and disqualification


 Laws prescribing the time limit to file certificates of
candidacy and qualifications and disqualifications to elective
office.
 If a candidate failed to comply with said requirements, he is
disqualified to run, even if he received the highest number of
votes. Said votes will be considered void and will not be
counted.

6. Statutes prescribing qualifications for office


 Eligibility to hold office is a continuing requirements and
must exist not only from the beginning of the term but also
during the occupancy of the office.
 Person not qualified at the time he assumed office, or if he
loses such qualification during his incumbency will be
ousted from office.

7. Statutes relating to assessment of taxes


 Assessment of taxes, intended to ensure the security of
citizens, the equality of taxation, the certainty as to the
nature and amount of each other’s tax, are mandatory.
 But those designed for the methodical and systematic
modes of proceedings are merely directory
Test : If the law is to protect citizens and to prevent sacrifice of
their property, it is mandatory

8. Statutes concerning public auction sale


 Prescribed steps in public auction of properties are to be
followed strictly.
Reason : In derogation of the property rights and due process.

D. Enumerate and explain the directory statutes

The following are mandatory statutes:

1. Prescribing guidance for officer


2. Prescribing manner of judicial action
3. Rendition of decision within prescribed period

1. Statutes prescribing guidance for officers


Intended to guide public officers in the conduct of business so long
as these do not limit their power (jurisdiction) or render its
exercise in disregard of the requisitions ineffectual. That is why
statutes jurisdictional in nature are mandatory, because it limits the
power of the officer and render their actions invalid (compare this
to statutes prescribing jurisdictional requirements under mandatory
statutes)
Exception : If accompanied by negative words (i.e. no, shall not,
never, etc.)

2. Statutes prescribing manner of jurisdictional action


These are the steps in judicial action followed by judges in the
exercise of their functions. The purpose is to provide an orderly
conduct of public business. But, the procedure is only secondary in
importance to substantive rights, and nonobservance of the former
should not be permitted to affect the latter.

3. Statutes requiring renditions of decision within the prescribed


period
 A judgment made after the prescribed date of promulgation
is not rendered invalid. But the officer who failed to comply
with the law may be dealt with administratively, as
consequence of his delay.
 Failure of judges to comply merely deprives them not of
their jurisdiction but their right to collect their salaries.

VI.

A. Distinguish prospective and retroactive statutes.

 Prospective statutes operates upon facts or transactions that occur after


the statute takes effect. It looks and applies to the future. These statutes
are indicated by the words “hereafter,” “thereafter,” “from and after the
passing of this Act,” “shall have been made,” “from and after,” “shall.”
On the other hand, retroactive statutes takes away or impairs vested rights
acquired under existing laws, creates new obligation, imposes a new duty
or attaches a new disability in respect to transactions already past. But it is
statute not made retroactive because it draws on antecedent facts for its
operation or part of the requirements for its application is drawn from a
time antedating its passage. The constitution does not prohibit the
enactment of a retroactive statute which does not impair obligations of
contract or divest rights that have become vested

General rule: Statutes are to be construed as having only a prospective


operation.
Exception: The intendment if the legislature is to give them retroactive
effect is expressly declared or implied from the language used.
Presumption: All laws operate prospectively. And in case of doubt, it shall
be resolved against the retroactive operations of law.
Reason: Law is a rule to guide actions with no binding effect until it is
enacted.
Maxims: lex prospicit, non respicit (the law looks forward, not backward)
lex de future, judex de praeterito (law provides for the future, the judge for
the past) nova constitutio futuris formam imponere debet non praeteritis (a
new statute should affect the future, not the past)

B. Discuss the rule when statutes are given prospective effect.

Prospective statutes:
1. Penal statutes
2. Ex post facto
3. Bill of attainder
4. Statutes substantive in nature
5. Statutes affecting vested rights
6. Statutes affecting obligations of contract
7. Repealing and amendatory acts

 Laws operate prospectively, generally. It is a settled rule in statutory


construction that statutes are to be construed as having only
prospective operation, unless the intendment of the legislature is to
give them a retroactive effect, expressly declare or necessarily
implied from the language used. No court will hold a statute to be
retroactive when the legislature has not said so. If the law is silent
as to the date of its application and that it is couched in the past
tense does not necessarily imply that it should have retroactive
effect.

Art. 4 of the Civil Code which provides that “Laws shall have no
retroactive effect, unless the contrary is provided.”
Lex prospicit, non respicit – the law looks forward, not backward
Lex de future, judex de praeterito – the law provides for the future, the
judge for the past.

C. Discuss the rule when statutes are given retroactive effect.

The general rule is that, statutes cannot be given retroactive effect. However, the
following statutes can be given retroactive affect:
1. Procedural statutes
2. Curative statutes
3. Police power legislations
4. Statutes relating to prescription
5. Statutes relating to appeals

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