This action might not be possible to undo. Are you sure you want to continue?
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. 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
Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 2 of 10
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 tex t 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 tex t 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 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
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, 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. • 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-judicia l 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.
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, 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 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
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, 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 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
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, 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. • A statutory definition does not apply where its application creates incongruities. Words construed in their ordinary sense In the absence of legislative intent to the contrary, they should be given their plain, ordinary and common usage meanings. General words construed generally • A word of general significance in a statute is to be taken in its ordinary and comprehensive sense, unless the word is intended to be given a different or restricted meaning. • General words shall be understood in the general sense • The general must prevail over the restricted unless the nature and the context indicates that the limited sense is intended Generic term includes things that arise thereafter • Progressive interpretation – extends by construction the application of a statute to all subjects or conditions within its general purpose or scope that come into existence subsequent to its passage; keeps legislation from becoming ephemeral and transitory Words with commercial or trade meaning Words and phrases which are in common use among traders and merchants, acquire trade or commercial meanings which are generally accepted in the community in which they have been in common use. In absence of intent to contrary, trade and commercial terms in a statute are presumed to have been used in their trade and commercial sense. Words with technical or legal meaning Should be interpreted according to the sense in which they have been previously used, although the sense may vary from the strict or literal meaning of the words. How identical terms in the same statute are construed A word or phrase repeatedly used will bear the same meaning throughout the statute; presumed to be used in the same sense throughout the law. Meaning of word qualified by purpose of statute The meaning of a word may be qualified by the purpose which induced the legislature to enact the statute. Words or phrases construed in relation to other provisions
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; construed as a whole, each provision given effect. Meaning of term dictated by context The context in which the word or term is employed may dictate a different sense. A word is to be understood in the context in which it is used. Where the law does not distinguish Neither should the court Disjunctive and conjunctive words • OR is a disjunctive term signifying disassociation and independence of one thing from each of the other things enumerated • AND is a conjunction meaning “together with” “joined with” “added to”, “linked to” • The term AND/OR means that effect shall be given to both conjunctive and disjunctive ASSOCIATED WORDS (Noscitur) Where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be made clear and specific by considering the company of words in which it is found and in which it is associated. o Where the law does not define a word used therein, it will be construed as having a meaning similar to that of words associated with or accompanied by it. o Where most of the words in an enumeration are used in their generic sense, the rest of the words should be so similarly construed. (Ejusdem) While general words or expressions in a statute are accorded their full, natural and generic sense, they will not be given such meaning if they are used in association with specific words or phrases. o Where a statute describes things of particular class or kind accompanied by words of a generic character, the generic words will usually be limited to things of a kindred nature with those particularly enumerated, unless there be something in the context of the statute to repel such inference. o Limitations: 1. A statute contains an enumeration of particular and specific words, followed by a general word or phrase 2. The particular and specific words constitute a class or are of the same kind
3. The enumeration of a particular and specific words is not exhaustive or is not merely by example 4. There is no indication of legislative intent to give the general words or phrases a broader meaning (Expressio) The express mention of one person, thing or consequence implies the exclusion of all others. Limitation: not applicable if there is some special reason for mentioning one thing and none for mentioning another which is otherwise within the statute, so that the absence of any mention of such will not exclude it. Also, must be disregarded if : 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
Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 8 of 10
• 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 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
Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 9 of 10
6. Statutory grounds for removing officials 7. Naturalization laws 8. Statutes imposing taxes and custom duties 9. Statutes granting tax exemptions 10. Statutes concerning the sovereign 11. Statutes authorizing suits against the government 12. Statutes prescribing formalities of will 13. Exceptions and provisos LIBERAL CONSTRUCTION Giving a liberal interpretation to save from obliteration; reading into its something which its clear and plain language rejects. 1. General social legislation 2. General welfare clause 3. Grant of power to local governments 4. Statutes granting taxing power 5. Statutes prescribing prescriptive period to collect taxes 6. Statutes imposing penalties for nonpayment of taxes 7. Election laws 8. Amnesty proclamations 9. Statutes prescribing prescriptions of crimes 10. Adoption statutes 11. Veteran and pension laws 12. Rules of Court 13. Other statutes 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. 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
Legal Method Reviewer Textbook: Statutory Construction by Agpalo Page 10 of 10
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
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.