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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. 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 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.
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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. Preamble
Legislative debates. the Spanish may be consulted to explain the English text. 3. which states the purpose. discovered in the four corners of the law and aided if necessary by its legislative history. Explanatory note A short exposition of explanation accompanying a proposed legislation by its author or proponent. however. President’s message to the legislature This usually contains proposed legislative measures and indicates the President’s thinking on the proposed legislation which. Presumption of constitutionality. 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. 8. 11. Punctuation marks Punctuation marks are aids of low degree. result in absurdity or defeat the legislative intent. LEGISLATIVE HISTORY Where a statute is susceptible of several interpretations. Headnotes or epigraphs These are convenient index to the contents of the provisions of a statute. Presumptions Based on logic. when the statute is ambiguous. . prospective application. the sentences. as well as arguments advanced by its author in urging its passage. completeness. where a statute is officially promulgated in English and Spanish. Capitalization of letters 6. It contains statements of the reason or purpose of the bill. Context of the whole text The best source from which to ascertain the legislative intent is the statute itself – the words. an ambiguity in a statute which may be partially or wholly solved by a punctuation mark. An aid of low degree in the construction of statutes. in proper cases. it may be considered in the construction of a statute. The intent of the law is that which is expressed in the words thereof. 13. Policy of law A statute of doubtful meaning must be given a construction that will promote public policy. It is not an essential part of the statute. when enacted into law. courts have adopted. 10. such definitions to support their conclusion as to the meaning of the particular words used in a statute. as a key to open the minds of the lawmakers as to the purpose of the statute. be resorted to clarify the ambiguity. eg. the influence most dominant if a statute needs construction. 5. they are not parts of the statute nor the English language. 1. views and deliberations 2. but in case of ambiguity. 7. Where there is. Dictionaries While definitions given by lexicographers are not binding. Lingual text Unless otherwise provided. But it may. reason or justification for the enactment of a law. 9. provisions – taken as a whole and in relation to one another. follows his line of thinking into the matter. 12. common sense. the English text shall govern. clauses. sections. They are not entitled to much weight. It is usually expressed in the form of “whereas” clauses. The history of a statute refers to all its antecedents from its inception until its enactment into law.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 2 of 10 3. Intent or spirit of law Legislative intent or spirit is the controlling factor. etc. 4. omission or mistake. 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. right and justice. The language in which a statute is written prevails over its translation. That part of the statute written immediately after its title. Consequences of various constructions Construction of a statute should be rejected if it will cause injustice. they may be consulted in case of doubt in interpretation. the phrases.
particularly where such a statute is modeled upon Anglo-American precedents. Reports of commissions In construing the provisions of the code as thus enacted. 10. 3. the decisions of courts in such country construing those laws are entitled to great weight in the interpretation of such local statutes. because of their involvement in the process of legislation. Construction by an executive or administrative officer directly called to implement the law • May be express – interpretation embodied in a circular. • 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. The contemporary construction is the strongest in law. courts may properly refer to the reports of the commission that drafted the code in aid of clarifying ambiguities therein. Principles of common law Courts may properly resort to common law principles in construing doubtful provisions of a statute. as well as those who. Change in phraseology by amendments 7. . The contemporaneous construction is very probably the true expression of the legislative purpose. 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. and unless it is shown to be clearly erroneous. 9. 1. legislature or judicial authorities. and the fact that they are frequently the drafters of the law they interpret. especially if the construction is followed for a considerable period of time. Interpretation by those charged with their enforcement is entitled to great weight by the courts. Amendment by deletion The amendment statute should be given a construction different from that previous to its amendment. in the interpretation of a statute. that meaning which was put to the provision during the legislative deliberation or discussion on the bill may be adopted. their enactment by the executive. 8. Conditions at the time of the enactment It is proper.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 3 of 10 Where there is doubt as to what a provision of a statute means. and may properly carry basis. such as draftsmen and bill sponsors. 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. Contemporaneous construction is entitled to great weight because it comes from a particular branch of government called upon to implement the laws thus construed. CONTEMPORARY CONSTRUCTION The constructions placed upon statutes at the time of. 5. 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. 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. directive or regulation. • President or Executive Secretary has the power to modify or alter or reverse the construction given by a department secretary. It is thus entitled to great weight and respect by the courts in the interpretation of the ambiguous provisions of law. expertness. Construction by the Sec. 4. Respect is due the government agency or officials charged with the implementation of the law for their competence. The best interpreter of law is usage. Courts may investigate the history of the provisions to ascertain legislative intent as to the meaning and scope of the amended law. experience and informed judgment. interpretation by usage or practice. or semi-judicial decision. or after. 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. 2. 11. Adopted statutes Where local statutes are patterned after or copied from those of another country. it will control the interpretation of statutes by the courts. are knowledgeable of the intent and purpose of the law. 6.
the court is not at liberty to supply nor to make one. If through the misapprehension of the law an executive or administrative officer called upon to implement it has erroneously applied and executed it. even if it may be harsh or onerous. is a persuasive indication of the adaptation by the legislature of the prior construction. where the construction is clearly erroneous. 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. Where the court resolved a question merely sub silencio. Verba legis non est recedendum. Past decisions of the court must be followed in the adjudication of cases: Stare decisis et non quieta movere. the reenactment of a statute. fall within the maxim. but the courts may resort to it to clarify ambiguity in the language thereof. law itself ceases Reason for the law is the heart of the law. and they should be given construction as will advance the object. If found contrary to law. the error may be corrected when the true construction is ascertained. one should follow past precedents and should not disturb what has been settled. previously given a contemporaneous construction. no explanation of it is required. Legislative ratification is equivalent to a mandate. 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. The reason of the law is its soul. 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. and followed such construction. Legislative approval The legislature is presumed to have full knowledge of a contemporaneous or practical construction of a statute.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 4 of 10 The court may disregard contemporaneous construction when there is no ambiguity in the law. it must be given its literal meaning and applied without attempted interpretation. “by the way”. If no judicial certainty can be had as to its meaning. 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. plain and free from ambiguity. from the words of a statute there should be no departure. its decision does not come within the maxim of stare decisis Nor does an opinion expressed by the way. When reason of law ceases. The rule of stare decisis is not absolute. not up to the point in the issue. resort is had to the principle that the spirit of the law controls its letter. suppress the mischief. It is a remark. Erroneous contemporaneous construction creates no vested right on the part of those who relied upon. Supplying legislative omission . Legislative interpretation Legislative interpretation of a statute is not controlling. and secure the benefits intended. it must be abandoned. LITERAL INTERPRETATION If a statute is clear. 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. the law itself ceases. The rule is not absolute and admits exceptions in the interest of justice and fair play. Reenactment The most common act of legislative approval. it is not binding as a precedent. DEPARTURE FROM LITERAL INTERPRETATION Statutes must be capable of construction or interpretation. and where the court has previously given the statute a different interpretation. interpretation according to the spirit of the law. Ratio legis. It must be applied regardless of who may be affected. but it is still the law. When the language of the law is clear. Words ought to be more subservient to the intent and not the intent to the words. When the reason of the law ceases. Dura lex sed lex The law is harsh. where strong reason to the contrary exists.
unless the context indicates otherwise. Where rigorous application may lead to injustice. Construction to avoid danger to public interest Where great inconvenience will result. Grant of jurisdiction The jurisdiction to hear and decide cases is conferred only by the Constitution or by statute. contrary to the manifest intention of the legislature. or great public interest will be endangered or sacrificed. words in plural include the singular. Construction in favor of right and justice In case of doubt in the interpretation and application of the law. Grant of power includes incidental power Where a general power is conferred or duty enjoined. Exemption from rigid application of the law Every rule is not without an exception. clearly ascertainable from its context. That one is perceived to tip the scales which the court believes will best promote the public welfare in its probable operation. or great mischief done. The grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ all writs. which. Number and gender 1. What is implied should not be against the law . that interpretation is to be adopted which is free from evil or injustice. the general rule should yield to occasional exceptions. obscure or insufficient with respect to a question before a court will not justify the latter from declining judgment. would render the statute meaningless. Grant of power excludes greater power The foregoing principle implies the exclusion of those which are greater than conferred. 2. 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. Constructing to avoid injustice Presumed that undesirable consequences were never intended as a legislative measure. What is implied in a statute is as much a part thereof as that which is expressed. IMPLICATIONS No statute can be enacted that can provide all the details involved in its application. phrase or clause. Surplusage and superfluity disregarded The statute should be construed in accordance with the evident intent of the legislature without regard to the rejected word. vice versa. such interpretation as will avoid inconvenience and absurdity is to be adopted. there is no obligation to give every redundant word or phrase a special significance. 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. it is presumed that the lawmaking body intended right and justice to prevail. The fact that the statute is silent. 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. uncorrected.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 5 of 10 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. processes and other means essential to make its jurisdiction effective. the court may correct clerical errors. The masculine but not the feminine includes all genders. from a particular construction of the statute. When the context of the statute indicates. Where there is ambiguity. every particular power necessary for the exercise of one of the performance of the other is also conferred. Correcting clerical errors In order to carry out the intent of the legislature. Law does not require the impossible The law obliges no one to perform an impossible thing. such construction should be avoided. Construction to avoid absurdity Courts are not to give a statute a meaning that would lead to absurdities.
Authority to charge against public funds may not be implied Unless a statute expressly so authorizes. in some other way. • Statutory definitions are controlling in so far as the said act is concerned. In Pari Delicto Exceptions to In Pari Delicto 1. the act done in violation thereof is by implication null and void. the statute granting power. by implication. no claim against public finds may be allowed. ordinary and common usage meanings. In absence of intent to contrary. Words or phrases construed in relation to other provisions . acquire trade or commercial meanings which are generally accepted in the community in which they have been in common use. 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. keeps legislation from becoming ephemeral and transitory Words with commercial or trade meaning Words and phrases which are in common use among traders and merchants. trade and commercial terms in a statute are presumed to have been used in their trade and commercial sense. When the transaction is not illegal per se but merely prohibited. Meaning of word qualified by purpose of statute The meaning of a word may be qualified by the purpose which induced the legislature to enact the statute. No man should be allowed to take advantage of his own wrong. There should be no penalty for compliance with law A person who complies with a statute cannot. • While definitions in a statute must be given all the weight due them. the terms must be given effect in their entiretyas a harmonious. Words construed in their ordinary sense In the absence of legislative intent to the contrary. coordinated whole. How identical terms in the same statute are construed A word or phrase repeatedly used will bear the same meaning throughout the statute. be legally accomplished. be penalized by it. • A statutory definition does not apply where its application creates incongruities. General words construed generally • A word of general significance in a statute is to be taken in its ordinary and comprehensive sense. • 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 includes things that arise thereafter • Progressive interpretation – extends by construction the application of a statute to all subjects or conditions within its general purpose or scope that come into existence subsequent to its passage. • When the term pr phrase is specifically defined in a particular law. Illegality of act implied from prohibition Where a statute prohibits the doing of an act.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 6 of 10 The statutory grant of power does not include such incidental power which cannot be exercised without violating the Constitution. Words with technical or legal meaning Should be interpreted according to the sense in which they have been previously used. No man can be allowed to found a claim upon his own wrongdoing or inequity. It will not apply when its enforcement or application will violate an avowed fundamental policy or public interest 2. although the sense may vary from the strict or literal meaning of the words. the definition must be adopted in applying and enforecing such law. or other laws of the same subject. presumed to be used in the same sense throughout the law. Statutory definition • The legislative definition controls the meaning of the statutory word. they should be given their plain. INTERPRETATION OF WORDS Which meaning should be given to a word or phrase in a statute depends upon what the legislature intended. unless the word is intended to be given a different or restricted meaning. irrespective of any other meaning the word or phrase may have in its ordinary or usual sense.
ONLY when the omission has been clearly established. The particular and specific words constitute a class or are of the same kind 3. A word is to be understood in the context in which it is used. o Where a statute describes things of particular class or kind accompanied by words of a generic character. o Does not apply where it is shown that the legislature did not intend to exclude the person. 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. o Where the law does not define a word used therein. Where the law does not distinguish Neither should the court Disjunctive and conjunctive words • OR is a disjunctive term signifying disassociation and independence of one thing from each of the other things enumerated • AND is a conjunction meaning “together with” “joined with” “added to”. Meaning of term dictated by context The context in which the word or term is employed may dictate a different sense. 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. thing or object from the enumeration. thing or consequence implies the exclusion of all others. There is no indication of legislative intent to give the general words or phrases a broader meaning (Expressio) The express mention of one person. object or thing omitted from an enumeration must be held to have been omitted intentionally. The enumeration of a particular and specific words is not exhaustive or is not merely by example 4. followed by a general word or phrase 2. (Causus) A person. it will be construed as having a meaning similar to that of words associated with or accompanied by it. (Ejusdem) While general words or expressions in a statute are accorded their full. unless there be something in the context of the statute to repel such inference. “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. and not to repeal or destroy the main provision of the statute . o Limitations: 1. o Where most of the words in an enumeration are used in their generic sense. each provision given effect. PROVISO Its office is to limit the application of the enacting clause. A statute contains an enumeration of particular and specific words. section or provision of a statute. Limitation: not applicable if there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute. natural and generic sense. and not those to which they are distantly or remotely associated. the generic words will usually be limited to things of a kindred nature with those particularly enumerated. 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. construed as a whole. so that the absence of any mention of such will not exclude it.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 7 of 10 A word or phrase should not be construed in isolation but must be interpreted in relation to other provisions of law. 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. Also. they will not be given such meaning if they are used in association with specific words or phrases. the rest of the words should be so similarly construed. (Last Antecedent) Qualifying words restrict or modify only the words or phrases to which they are immediately associated.
Construction should avoid surplusage. In this sense is it similar with exception. Statutes granting privileges 5. Must be construed in the light of the legislative intent. A law should be interpreted with a view to upholding it rather than destroying it. one of which is special and particular and the other general which. 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. Where a statute is susceptible of more than one interpretation. or to save something which would otherwise be lost. Legislative grants to local government units . reference being had to their controlling purpose. Statutes must be construed in harmony with the Constitution. the courts should choose one that will best effectuate the legislative intent. 1. The intent or the meaning of the statute should be ascertained from the statute takes as a whole. or copied from a statute of a foreign country. Statutes in pari materia (relating to the same specific subject matter) must be construed together to attain national policy.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 8 of 10 • Exception introduced by “except”. the court should adopt such reasonable and beneficial construction as will render the provision operative and harmonious. The interpretation that will give the thing efficacy is to be adopted. a proviso defeats its operation conditionally. Statutes authorizing expropriations 4. the particular or special provision must be taken to affect only the other parts of the statute to which it may properly apply. would include the same subject matter and thus conflicting with the special act. “unless otherwise” and “shall not apply” is a clause which exempts something from the operation of a statute by express words. parts must be a coordinated and harmonious whole. In construing reenacted statutes. Statutes in derogation of rights 3. One part is as important as the other. scope of statute is not extended or enlarged. o One of the functions of a proviso is to except something from an enacting clause. they must be reconciled instead of declaring them invalid. complete or extend the statute without changing or modifying its original text. A proviso avoids them by way of an excuse. o An exception takes out of the statute something that otherwise would be a part of the subject matter of it. Legislature is presumed to be aware of prior law. Penal statutes 2. Reference statutes Refers to other statutes and makes them applicable to the subject of legislation. if standing alone. o An exception exempts something absolutely from the operation of a statute. Conflicting provisions should be reconciled and harmonized. If provisions cannot be reconciled despite efforts. 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. Statutes must receive a reasonable construction. All laws are presumed to be consistent with each other. Supplemental statutes Intended to supply deficiencies in an existing statute and to add. Constructions that would render it inoperative must be avoided. Where there are two acts. 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. Adopted statutes Statute patterned after. must be reconciled. STRICT CONSTRUCTION Construction according to the letter. legislative did not do a vain thing in its enactment. SAVING CLAUSE A clause in the provision of law which operates to except from the effect of law what the clause provides. A special law is considered an exception to the general law on the same subject. 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. Reenacted statutes One in which the provisions of an earlier statute are reproduced in the same or substantially the same words. court should take into account prior contemporaneous construction.
or negatively that something not be done. ought not 1. General welfare clause 3. or performed in a particular way. or divest rights that have become vested. deprive persons of property without due process of law. Statutes prescribing prescriptions of crimes 10. Grant of power to local governments 4. Statutes conferring power 2. Statutes prescribing prescriptive period to collect taxes 6. one that looks and applies to the future. Statutes imposing penalties for nonpayment of taxes 7. Rules of Court 13. Statutes relating to assessment of taxes 10. unless the intendment of the legislature to give them a retroactive effect is expressly declared or is necessarily implied from the language used. 7. Statutes granting benefits 3. 10. or which are not in the nature of ex post facto laws. Uses: shall. Veteran and pension laws 12. Statutory grounds for removing officials Naturalization laws Statutes imposing taxes and custom duties Statutes granting tax exemptions Statutes concerning the sovereign Statutes authorizing suits against the government Statutes prescribing formalities of will Exceptions and provisos LIBERAL CONSTRUCTION Giving a liberal interpretation to save from obliteration. reading into its something which its clear and plain language rejects. 12. 13. 9. Presumption is prospectivity. Adoption statutes 11. thereafter. Statutes requiring rendition of decisions within prescribed period Statutes are to be construed as having only prospective application. Statutes prescribing time to take action or appeal 5. Statutes affecting vested rights . 1. Statutes prescribing procedural requirements 6. ought. Penal statutes. shall have been made. PROSPECTIVE STATUTES Operates upon facts or transactions that occur after the statute takes effect. 8. Amnesty proclamations 9. 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. Statutes prescribing manner of judicial action 3. Statutes granting taxing power 5. Election laws 8. leaving the person concerned no choice on the matter except to obey. Statutes prescribing jurisdictional requirements 4. 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. Uses: may 1. Prospectivity words/in futuro: hereafter. Bill of attainder 4. 1. Contains words of command or prohibition. shall not. Election laws on qualification and disqualification 8. Statutes prescribing qualifications for office 9. Statutes substantive in nature 5. Election laws on conduct of election 7. generally 2. 11. Statutes prescribing guidance for officers 2. should. must. prohibitions such as cannot. shall take effect upon its approval The Constitution does not prohibit the enactment of retroactive statutes which do not impair the obligation of contracts. Ex post facto law 3.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 9 of 10 6. from and after. General social legislation 2.
Procedural laws 2. Curative statutes 3. imposes a new duty or attaches a new disability in respect to a transaction already past.Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 10 of 10 6. REPEAL A statute repealed is rendered revoked completely . REVISION Purpose is to restate existing laws into one statutes. Statutes affecting obligations of contracts Repealing an amendatory acts RETROACTIVE STATUTES Creates a new obligation. or alteration of a statute which survives in its amended form. simplify complicated provisions. and make the laws on the subject easily found. Statutes relating to prescription 5. 7. 1. Police power legislations 4. Statutes relating to appeals AMENDMENT Change or modification by addition or deletion.
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