Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
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.
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 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 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 way as to give it legal
effect and validity.
• 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 language. The province of
Page 1 of 9
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.
• 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. 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, 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.
5. 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. Intent 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
 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
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 2 of 9
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. It 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
 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.
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.
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.

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
 It 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
• In the form of opinions issued upon request
of administrative or executive officials who
enforce the law.
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 3 of 9
• 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 contemporaneous construction is very probably
the true expression of the legislative purpose,
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
interpretation of the ambiguous provisions of law,
and unless it is shown to be clearly erroneous, it will
control 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.
 Contemporaneous construction is entitled to
great weight because it comes from a particular
branch of government called upon to implement
the laws thus construed.
 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 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, 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
o 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 remark, “by the
way”; it is not binding as a precedent.
 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, from the words of a statute there should
be no 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
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 4 of 9
spirit of the law controls its letter. Ratio 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
 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 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.
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 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 context of the statute indicates,
words in plural include the singular, vice 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
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 5 of 9
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
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. No man should be allowed to
take advantage of his own wrong. In Pari Delicto
Exceptions to In Pari Delicto
1. It 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 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
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.
 Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 6 of 9

• A statutory definition does not apply where its

application creates incongruities. Where the law does not distinguish
Neither should the court
Words construed in their ordinary sense
In the absence of legislative intent to the contrary, they Disjunctive and conjunctive words
should be given their plain, ordinary and common usage • OR is a disjunctive term signifying
meanings. disassociation and independence of one thing
from each of the other things enumerated
• AND is a conjunction meaning “together with”
General words construed generally “joined with” “added to”, “linked to”
• A word of general significance in a statute is to • The term AND/OR means that effect shall be
be taken in its ordinary and comprehensive given to both conjunctive and disjunctive
sense, unless the word is intended to be given
a different or restricted meaning. ASSOCIATED WORDS
• General words shall be understood in the  (Noscitur) Where a particular word or phrase is
general sense ambiguous in itself or is equally susceptible of
• The general must prevail over the restricted various meanings, its correct construction may
unless the nature and the context indicates that be made clear and specific by considering the
the limited sense is intended company of words in which it is found and in
which it is associated.
Generic term includes things that arise thereafter o Where the law does not define a
• Progressive interpretation – extends by word used therein, it will be
construction the application of a statute to all construed as having a meaning
subjects or conditions within its general similar to that of words associated
purpose or scope that come into existence with or accompanied by it.
subsequent to its passage; keeps legislation o Where most of the words in an
from becoming ephemeral and transitory enumeration are used in their
generic sense, the rest of the
Words with commercial or trade meaning words should be so similarly
Words and phrases which are in common use among construed.
traders and merchants, acquire trade or commercial
meanings which are generally accepted in the  (Ejusdem) While general words or expressions
community in which they have been in common use. In in a statute are accorded their full, natural and
absence of intent to contrary, trade and commercial generic sense, they will not be given such
terms in a statute are presumed to have been used in meaning if they are used in association with
their trade and commercial sense. specific words or phrases.
o Where a statute describes things
Words with technical or legal meaning of particular class or kind
Should be interpreted according to the sense in which accompanied by words of a
they have been previously used, although the sense generic character, the generic
may vary from the strict or literal meaning of the words. words will usually be limited to
things of a kindred nature with
How identical terms in the same statute are those particularly enumerated,
construed unless there be something in the
A word or phrase repeatedly used will bear the same context of the statute to repel such
meaning throughout the statute; presumed to be used in inference.
the same sense throughout the law. o Limitations:
1. A statute contains an
Meaning of word qualified by purpose of statute
enumeration of particular
The meaning of a word may be qualified by the purpose
and specific words,
which induced the legislature to enact the statute.
followed by a general
word or phrase
Words or phrases construed in relation to other
2. The particular and specific
provisions
words constitute a class
A word or phrase should not be construed in isolation
or are of the same kind
but must be interpreted in relation to other provisions of
3. The enumeration of a
law; construed as a whole, each provision given effect.
particular and specific
words is not exhaustive or
Meaning of term dictated by context
is not merely by example
The context in which the word or term is employed may
4. There is no indication of
dictate a different sense. A word is to be understood in
legislative intent to give
the context in which it is used.

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 :
o It will cause inconvenience
o 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.
o 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.
o 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
Its office is to limit the application of the enacting clause,
section or provision of a statute; introduced by the word
“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
• 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.
o An exception exempts something
absolutely from the operation of a
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 7 of 9
statute; a proviso defeats its operation
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 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 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.
 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.
 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.
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
Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 8 of 9
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
o Curative statutes
o Redemption laws
o Instruments of credit
o 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 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.
 Legal Method Reviewer
Textbook: Statutory Construction by Agpalo
Page 9 of 9

 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
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
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