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Statcon Outline PDF
Statcon Outline PDF
CHAPTER ONE
LAW – rule of conduct formulated and made obligatory by a legitimate power of the state.
STATUTE – an act of legislature as an organized body, expressed in the form, and passed according to
the procedure, required to constitute it as part of the law of the land.
CLASSIFICATION OF STATUTES:
1. General Law – that which affects the community at large; That which affects all people of the
state or all of a particular class.
2. Special Law – designed for a particular purpose, or limited in range, or confined to a prescribed
field of action on operation.
3. Local Law – relates or operates over a particular locality instead of over the whole territory of the
state.
4. Public Law – a general classification of law relating to the relationship between the state and its
people
5. Private Law – defines, regulates, enforces and administers relationships among individuals,
associations and corporations.
6. Remedial Statute – providing rules and regulations on matters of procedure or due process.
7. Curative Statute – retrospective laws which corrects irregularities, inconsistencies and
ambiguities in the law
8. Penal Statute – defines criminal offenses and provides corresponding penalties.
9. Prospective Law – applicable to cases which shall arise after its enactment.
10. Retroactive Law – affects acts or facts occurring prior to its date of enactment.
11. Affirmative Statute – declares what shall be done
12. Negative / Prohibitory Statute – declares what shall not be done
13. Directory Statute – operates to confer discretion on a person
14. Mandatory Statute – prescribes a required course of action
NOTE: Section 1, Article VI of the Constitution provides “the legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and House of Representatives.”
LEGISLATIVE POWER – the authority, under the Constitution, to make, alter and repeal laws.
NOTE: Constitutional provisions are SELF EXECUTING except those declaring general principles and
state policies, which requires legislature to enact enabling laws.
NOTE: The Constitution requires all legislative proceedings be duly recorded in accordance to the rules
and regulations of each house. Each house has the power to issue its own rules of proceedings, but must
conform to the Constitution.
PARTS OF A STATUTE:
POWER OF THE PURSE – constitutional authority to spend government funds given to Congress
NOTE: Senate President or Speaker of the House may withdraw their signatures from the signed bill
when there is serious and/or substantial discrepancy between text of the bill and deliberated bill, as
indicated by legislative journals.
TEST OF CONSTITUTIONALITY
1. Not within the legislative power to enact
2. Purpose or effects violate the Constitution or its basic principles
3. Creates or establishes methods or forms that infringe constitutional principles
4. Vague statutes
NOTE: Every statute is presumed to be valid and constitutional. All reasonable doubts must be in favor of
the constitutionality of the law. The reason lies in the process by which the statute was enacted.
NOTE: As a general rule, the unconstitutional act is not, and will not have the force and effect of law.
NOTE: Administrative rules and regulations have the force and effect of law, while Administrative
interpretation is, at best, advisory in nature.
NOTE: The Supreme Court, in the exercise of its rule-making power, may only promulgated rules which
are procedural in nature. Only legislature has power to promulgate substantive rules.
NOTE: Article 2 of New Civil Code, as amended by Section 18, Chapter 5, Book 1 of the 1987
Administrative Code provides “Laws shall take effect after 15 days following the completion of their
publication in the official gazette or newspaper of general circulation.”
NOTE FURTHER: The phrase “unless it is otherwise provided” stated in Article 2 of the new Civil Code
pertains to the period prescribed, and not the publication requirement. Legislators may prescribe a date of
effectivity equal or beyond to the 15 days after said publication.
NOTE: In computing time, the first day shall be excluded and the last day included.
STATUTORY CONSTRUCTION – is the art or process of discovering and expounding the meaning and
intention of the authors of the law, where that intention is rendered doubtful by reason of ambiguity in its
language or of the fact that the given case is not explicitly provided for in the law.
NOTE: Construction vs Interpretation. Interpretation is limited within the four corners of the written text,
while Construction draws warranted conclusions beyond the language of the written text.
NOTE FURTHER: Rules of construction are not rules of law but merely axioms of experience or general
principles.
LEGISLATIVE INTENT – essence of the law; composing of the purpose and meaning of the law
LEGISLATIVE MEANING – the scope of the law determined by the language used in the law
NOTE: The primary source of legislative intent is in the statute itself –pertaining to the WHOLE written
text. Where the law speaks in clear and categorical language, there is no room for interpretation / Where
there is no ambiguity, there is no room for construction.
AMBIGUITY – a condition of admitting two or more meanings, of being understood in more than one way,
or of referring to two or more things at the same time.
VERBA LEGIS – plain meaning rule; the presumption that the words employed by the legislature in a
statute correctly express its intention or will, precluding any construction
LEGIS INTERPRETATO LEGIS VIM OBTINET – the authoritative interpretation of the Supreme Court of
a statute acquires the force of law by becoming a part thereof.
NOTE: Article 8 or the New Civil Code provides, “Judicial decision applying or interpreting laws shall for
part of the legal system of the Philippines.
STARE DECISIS ET NON QUIETA MOVERE – when the Supreme Court has once 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.
NOTE: Judicial decisions/rulings have no retroactive effect as it may impair vested rights. Vested right is
an operative fact where a person performing an act enjoys the validity and constitutionality of his actions.
INTRINSIC AIDS
1. Title of the Statute – it carries weight because of the Constitutional requirement that “every bill
must embrace only one subject which shall be expressed in the title thereof.”
2. Preamble
3. Context
4. Punctuation Marks
5. Capitalization of Letters
6. Headnotes or Epigraphs
7. Lingual text – the language employed shall prevail
EXTRINSIC AIDS
1. Legislative debates, views and deliberations, except when the speech or statements have no
relevance to the law
2. Legislative history
3. President’s message to legislature
4. Explanatory notes
5. Reports of commissions
6. Change in phraseology
7. Principles of common law
8. Conditions at the time of enactment
9. History of the times
10. Contemporaneous construction – construction placed upon the time of or after a statute’s
enactment by the executive, legislative or judiciary authorities
NOTE: Contemporaneous construction is given much weight because it is expected that the officials
called upon to enforce the law have familiarized themselves with all the considerations pertinent to the
meaning and purpose of the law.
DOCTRINE OF ESTOPPEL – legal principle that precludes a party from denying or alleging a fact owing
to the party’s previous conduct, allegation or denial
NOTE: Legislature is presumed to have full knowledge of contemporaneous construction. It may manifest
through re-enactment of a statute using the same language as the contemporaneous construction or
through the appropriation of funds to the executive office.
OMNIS RETRO TRATIHUR ET MANDATO AEQUIPARATUR – Every consent given to what has
already been done, has a retrospective effect and equals a command.
REIPUBLICAE UT SIT FINIS LITIUM – the State demands that there be an end to litigation
NOTE: A ruling of the Supreme Court, in order that it will come within the doctrine of “stare decisis,” must
be categorically stated on an issue expressly raised by the parties; it must be a direct ruling. Where the
court rules sub silencio, it is not within stare decisis.
OBITER DICTUM – opinion expressed by a court upon some question of law which is not necessary to
the decision of the case before it; “by the way” statement
VERBA LEGIS NON EST RECEDENDUM – from the words of a statute there should be no departure
ABSOLUTA SENTENTIA EXPOSITORE NON INDIGET – when the language of the law is clear, no
explanation of it is required
NOTE: There may be discretion as to what the law requires but not to the enforcement and application
thereof. What it decrees must be followed and what it commands must be obeyed
DURA LEX, SED LEX – the law may be harsh, but it is still the law
HOC QUIDEM PERQUAM DURUM EST, SED ITA LEX SCRIPTA EST – it is exceedingly hard but so
the law is written
NOTE: Where a statute totally fails to express a meaning, a becoming sense of judicial modesty forbids
the court from assuming and, consequently, from supplying a meaning thereto. The statute, in such case,
is necessarily inoperative.
NOTE: As a general rule, the spirit or intention of the law prevails over the letter thereof. “What is within
the spirit of a statute is within the statute although it is not within the letter thereof, while that which is
within the letter but not within the spirit of the statute is not within the statute.
NOTE FURTHER: The court may consider the spirit and reason of a statute where a literal meaning
would lead to absurdity, contradiction, injustice or would defeat the clear purpose of the lawmakers.
VERBA INTENTIONI, NON E CONTRA, DEBENT INSERVIRE – words ought to be more subservient to
the intent not the intent to the words.
AEQUITAS NUNQUAM CONTRAVENIT LEGIS – Equity never acts in contravention of the law
NOTE: Equity is available only in the absence of law and not its replacement. Where the language of the
law is clear and free from ambiguity, equity and the spirit of the law is subservient to what is specifically
written in the text.
CESSANTE RATIONE LEGIS, CESSAT AT IPSA LEX – when the reason for the law ceases, the law
itself ceases
RATIO LEGIS EST ANIMA – the reason of the law is its soul
JURE NATURAE AEQUUM EST NEMINEM CUM ALTERIUS DETRIMENTO ET INJURIA FIERI
LOCUPLETIOREM / NINGUNO NON DEUE ENRIQUECERSE TORTIZERAMENTE CON DANO DE
OTRO – In balancing conflicting solutions, that one is perceived to tip the scales which the court believes
will best promote the public welfare in its probable operation as a general rule or principle
SURPLUSAGIUM NON NOCEAT – surplusage does not vitiate (reduce value or impair quality) a statute
UTILE PER INUTILE NON VITIATUR – the useful cannot be vitiated by the non-useful
NOTE: In cases where there is redundancy in the provisions of a statute, the courts do not have an
imperative obligation to give it special significance. As for the case of loose or obscure words, it does not
preclude the court from deriving a sensible meaning by disregarding said words.
FALSA DEMONSTRATIO NON NOCET, CUM DE CORPORE CONSTAT – Neither does false
description preclude construction nor vitiate the meaning of a statute which is otherwise clear
IBI QUID GENERALITER CONCEDITUR; INEST HAEC EXCEPTIO, SI NON ALIQUID SIT CONTRAS
JUS BASQUE – where anything is granted generally, this exception is implied; that nothing shall be
contrary to law and right
NOTE: It is always presumed that the legislative intended exemption to its language which would avoid
injustiuce or oppression. Compelling reasons may justify reading and exception to a rule even when the
rule does not provide any.
SUMMUM JUS, SUMMA INJURIA – rigor of the law would become the highest injustice
NOTE: In construing a statute, there is no distinction between plural and singular for either may apply. As
to gender, when the generic masculine words are used, it is understood to encompass the feminine as
well, but the use of feminine nouns or pronouns do not include the masculine, unless otherwise indicated.
IN EO QUOD PLUS SIT, SEMPER INEST ET MINUS – the greater includes the lesser
UBI JU, IBI REMEDIUM – where there is a right, there is a remedy for violation thereof
NOTE: The grant of jurisdiction is conferred only by the Constittution or by a statute. It cannot be
conferred by the Rules of Court or from the language of a statute in the absence of clear legislative intent.
IMPLICATION OF GRANT OF JURISDICTION – The grant of jurisdiction carries with it all necessary and
incidental powers essential to make it jurisdiction effective.
NOTE: Incidental powers must be in compliance with the provisions of the Constitution, the statute
conferring the power and other laws on the same subject.
NOTE FURTHER: Only express statutory provisions may allow claims against public funds; it cannot be
subject to implied construction.
EX DOLO MALO NON ORITUR ACTIO – no man can be allowed to found a claim upon his own
wrongdoing or inequity
NULLUS COMMODUM CAPERE POTEST DE INJURIA SUA PROPRIA – no man should be allowed to
take advantage of his own wrong
IN PARI DELICTO POTIOR EST CONDITIO DEFENDENTIS – parties involved in an action are equally
culpable for the wrongful act
NOTE: EXCEPTION TO PRINCIPLE OF “IN PARI DELICTO” – When its enforcement or application will
violate an avowed fundamental policy or public interest.
NOTE: A person who complies with what a statute requires cannot be penalized because of implication.
NOTE: The general rule is that a word, phrase or provision should not be construed in isolation but must
be interpreted in relation to other provisions of the law.
NOTE: Where a word used in a statute has both a restricted and general meaning, the general shall
prevail unless it is clearly indicated that the restricted sense is intended.
NOTE: Progressive interpretation extends by construction tha application of a statute to all subjects or
conditions within its general purpose or scope that come into existence subsequent to its passage and
thus keep legislation from becoming ephemeral (def. lasting for a markedly brief time) and transitory.
NOTE FURTHER: Identical terms construed. Words or phrases repeatedly used in a statute will bear the
same meaning throughout the statute.
UBI LEX NON DISTINGUIT, NEC NOS DISTINGUERE DEBEMUS – where the law does not distinguish,
courts should not distinguish
NOSCITUR A SOCIIS – 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 or with which it is associated
EJUSDEM GENERIS – same kind/same specie; to give effect to both the particular and general words,
by treating the particular words as indicating the class and the general words as indicating all that is
embraced in said class, although not specifically named by the particular words.
EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS – the express mention of one person, thing or
consequence implies the exclusion of all others.
NOTE: The rule Expressio Unius Est Exclusio Alterius and its variations are canons of restrictive
interpretation. They proceed on the premise that the legislature would not have made specified
enumerations in a statute had the intention been not to restrict its meaning and confine its terms to those
expressly mentioned.
WHEN EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS AND ITS VARIATIONS ARE GENERALLY
USED
1. Granting powers
2. Creating rights and remedies
3. Restricting common rights
4. Imposing penalties and forfeitures
CASUS OMISSUS PRO OMISSO HABENDUS EST – a person, object or thing ommitted from an
enumeration must be held to have been omitted intentionally.
NOTE: As a general rule, the courts cannot supply omissions even though the omission may have
resulted from inadvertence or because the case in question was not foreseen or contemplated. EXCEPT
when legislative intent is clear and supplying the omission will not do violence to its language.
NOTE: It has been held that the qualifying effect of a modifying word or phrase will be confined to its
immediate antecedent if the latter is separated by a comma from the other antecedents.
NOTE FURTHER: The doctrine of last antecedent is subject to the exceptions (a)that where the intention
of the law is to apply the phrase to all antecedents embraced in the provision, the same should be made
extensive to the whole, (b) where extension to a more remote antecedent is clearly required by a
consideration of the entire act, and (c) where the intention is not to qualify the antecedent at all.
REDDENDO SINGULA SINGULIS – referring each to each; requires that the antecedents and
consequences should be read distributively to the effect that each words is to be applied to the subject to
which it appears by context most appropriately related and to which it is most applicable.
NOTE: A proviso is commonly found at the end of a section, or provision of a statute, and is, generally,
introduced as a rule by the word “Provided” or phrase “but nothing herein.”
PURPOSES OF PROVISO
1. To limit the application of the enacting clause, section or provision of a statute
2. To except something from a provision of a statute
3. To qualify or restrain a statutory provision’s generality
4. To exclude some possible ground of misinterpretation of the statutory provision, as extending to
cases not intended by the legislature to be brought within its purview
NOTE: It has been held that even though the primary purpose of the proviso is to limit or restrain the
general language of a statute, where its use creates ambiguity, it is the court’s duty to ascertain legislative
intent and give it effect, although the statute may be enlarged, or the provision made to assume the force
of independent enactment.
NOTE FURTHER: Where the proviso is segregated from the several subdivisions of a section of a
statute, it would mean exactly the reverse of what is necessarily implied when read in connection with the
limitation; hence, the proviso assumes the role of additional legislation.
EXCEPT: If legislative intent is clearly indicated that the proviso should qualify the other preceding
provisions or the whole statute itself.
EXCEPTIONS – a clause which exempts something from the operation of a statute by express words
EXCEPTIO FIRMAT REGULAM IN CASIBUS NON EXCEPTIS – a thing not excepted must be regarded
as coming within the purview of the general rule
NOTE: Exceptions, as a general rule, should be strictly but reasonably construed; they extend only as far
as their language fairly warrants and all doubts should be resolved in favor of the general provisions.
EXCEPTION VS PROVISO
EXCEPTION PROVISO
Exempts something absolutely form the operation Defeats a statute’s operation conditionally
of a statute, by express words in the enacting
clause
Takes out of the statute something that otherwise Avoids them by way of defeasance or excuse
would be a part of the subject matter
Generally, a part of the enactment itself, absolutely When the enactment is modified by engrafting upon
excluding from its operation some subject or thing it a new provision, by way of amendment, providing
that otherwise would fall within its scope conditionally for a new case, it is in the nature of a
proviso
SAVING CLAUSE – a clause in a provision of law which operates to except from the effect of the law
what the clause provides, or to save something which would otherwise be lost.
NOTE: As a general rule, a statute should be construed in connection with every other part and section
so as to produce a harmonious whole. Conflicting provisions should be harmonized and reconciled to give
them all effect. If conflict cannot be resolved, the courts must yield to the provision which will best
effectutate legislative intent.
NOTE FURTHER: If there be no such ground (legislative intent) for choice between inharmonious
provisions, the latter provision based on order shall prevail.
OPTIMA STATUTI INTERPRETATRIX EST IPSUM STATUTUM – the best interpreter of the statute is
the statute itself
UT RES MAGIS VALEAT QUAM PEREAT – that construction is to be sought which gives effect to the
whole of the statute – its every word
NOTE: Where there is a GENERAL and PARTICULAR provision in the same statute and the GENERAL
provision overrules the PARTICULAR provision, the GENERAL shall prevail and the PARTICULAR shall
serve as an exception to the GENERAL RULE as to give effect to both provisions.
INTERPRETATIO FIENDA EST UT RES MAGIS VALEAT QUAM PEREAT – a law should be
interpreted with a view to upholding rather than destroying it; one portion of a statute should not be
construed to destroy another provision
SURPLUSAGE – a superfluous and useless statement wholly foreign and impertinent to the statute /
cause of action
NOTE: Where a statute is susceptible to two constructions where one is constitutional and the other not,
the courts shall favor the construction which is constitutional.
IN PARI MATERIA – when two or more statutes refer to the same specific or particular subject. It may
either be expressed or implied.
NOTE: Provisions in an act whice are omitted in another act relative to the same subject matter will be
applied in a proceeding under the other act, when not inconsistent with its purpose.
NOTE FURTHER: As a general rule, a statute will not be construed as repealing a prior act/s on the same
subject matter in absence of words to that effect, except when there is an irreconcilable repugnancy
between them or unless the new law is evidently intended to supersede all prior acts on the matter and to
compromise itself the sole and complete system of legislation on the subject.
DISTINGUE TEMPORA ET CONCORDABIS JURA – distinguish times and you will harmonize laws
General Rule: General and special laws which are in pari materia must be harmonized. In case of
irreconcilable conflict, the special law shall prevail irrespective of the time of its enactment.
Exceptions:
1. Where legislative intent is clear that the general enactment to cover all laws and repeal all prior
laws relating to the subject matter
2. Where the special law merely creates a general rule and the general law provides specific rule
REENACTED STATUTES – statutes which reenacts a previous statute or the provisions thereof;
reenactment of a statute also reenacts the construction previously given to it, especially the the
contemporaneous construction previously provided – only in cases when (1) the statute is capable of the
construction given to it and (2) that construction has become a settled rule of conduct
ADOPTED STATUTES – statutes patterned or copied from statutes of foreign countries; the courts shall
take into consideration the construction of foreign courts relating to the adopted statutes, as well as the
law itself and the practices under it, unless said construction is given prior to its enactment
STRICT CONSTRUCTION – construction which (1) recognizes nothing that is not expressed, (b) takes
the language used in its exact meaning, and (3) admits no equitable consideration.
LIBERAL CONSTRUCTION – equitable construction which (1) expands the meaning of a statute to meet
cases which are clearly within the spirit or reason thereof or within the evil which the statute was designed
to remedy, or (2) which gives a statute its generally accepted meaning to the end that the most
comprehensive application thereof may be accorded without being inconsistent with the language or
doing any violence to any of its terms. Liberal construction is done by IMPLICATION OF INTENDMENT.
NOTE: The literal meaning of the words used may be rejected if the result of adopting said meaning
would be to defeat the purpose of the law. Instead, the statute will be given a liberal interpretation so as to
save the statute from obliteration.
SOCIAL JUSTICE – the principle that all individual and groups are entitled to fair and impartial treatment
NOTE: The principles of social justice as enshrined in the Constitution should be taken into account in the
interpretation and application of laws.
SALUS POPULI EST SUPREMA LEX – the welfare of the people is the supreme law
STATUTA PRO PUBLICO COMMODO LATE INTERPRETANTUR – statutes made for the public good
ought to be literally construed
1. PENAL STATUTES – those laws by which punishments are imposed for the violation or
transgression of their provision;
As a general rule, penal or criminal laws are strictly construed agains the State, and liberally in
favor of the accused. The reasons behind the rule are: (1) the law is tender in favor of the rights
of an individual, (2) the object is to establish a certain rule by conformity to which mankind would
be safe, and (3) the discretion of the court limited. The rule is NOT to be used to defeat legislative
intent or the clear purpose of the law.
2. STATUTES IN DEROGATION OF RIGHTS – laws enacted by the state cutailing or restricting the
enjoyment of rights;
As a general rule, if there are two reasonably possible constructions where one would diminish or
restrict a fundamental right and the other would not, the latter shall be adopted so as to allow the
enjoyment of such fundamental right.
Statutes granting privileges are strictly construed against the grantee because of the benefits and
advantages gained by the grantee and must follow the conditions or requisites provided by the
grantor in order to obtain such privilege.
Statutes providing grants to local government are strictly construed against the grantee because
of the benefits and advantages gained by the grantee and must follow the conditions or requisites
provided by the grantor in order to obtain such privilege.
Statutes providing grounds for removal of officials are strictly construed against the complainant
because the remedy of removal is a drastic measure and penal in nature.
7. NATURALIZATION LAWS
Naturalization laws are strictly construed agains the applicant because citizenship is a privilege
which endows rights which foreigners cannot, and that the applicant must follow the conditions
and requisites provided clearly and specifically provided by state in order to obtain citizenship.
Laws imposing tax and customs duties shall be strictly construed against the tax imposing body
because taxation is a liability to persons whose income is reduced in order to fund government
operations.
Laws granting tax exemptions are strictly construed against the taxpayer claiming exemption and
liberally in favor of the taxing authority, because taxation is a rule of law and exemptions are the
exception, where a taxpayer falls under a particular or specific category or have complied with
specific requirements provided by law. Where the law clearly provides no exemption, the courts
cannot supply one.
Laws, no matter how broad, does not include the government unless it is specifically specified.
The Constitution provides that the “State may not be sued without its consent” because of the
logical and practical ground that there can be no legal right as against the authority that makes
the law on which that right depends.
A will must be executed in accordance with the statutory requirements otherwise it is entirely
void.
Exceptions should be strictly but reasonably construed and extend only so far as their language
fairly warrants. All doubts will be in favor of the general provision rather than the exception.
Provisos should be strictly construed because the legislative purpose set forth in the general
enactment expresses the legislative policy and only those expressly exempted by the proviso
should be freed from the operation of the statute.
1. GENERAL SOCIAL LEGISLATION, i.e. Labor laws, Tenancy laws, Social Security laws
While general welfare legislations are construed liberally in favor of the person/s benefiting from
the law, this principle holds true only when there is ambiguity or doubt in the law.
The general welfare clause on the power of local government should be construed liberally in
favor of the local government unit because limiting the general welfare clause to such
government functions would cripple these LGU’s in the face of the very evils that said clause
intended to remedy.
RA 2264, otherwise known as the Local Autonomy Act, provides that “implied power of a
province, a city or a municipality shall be liberally construed in its favor. Any fair and reasonable
doubt as to the existence of the power should be interpreted in favor of the local government and
it shall be presumed to exist.”
The Constitution provides that “Each local government unit shall have the power to create its own
sources of revenue and to levy taxes, fees, and charges subject to such guidelines and
limitations as the Congress may provide, consistent with the basic policy of local autonomy.” The
clear implication of this provision is that statutes prescribing limitations on the taxing power of
local government units must be strictly construed against the national government and liberally in
favor of LGU’s, and any doubt will be in favor of the latter.
The laws on prescription being a remedial measure should be interpreted liberally in a way
condicive to bringing about the beneficial purpose of affording protection to the taxpayers.
Statutes imposing penalties for nonpayment of taxes shall be strictly construed against the
taxpayer and liberally construed in favor of the government because such laws were made to
hasten the collection of taxes and/or to punish neglect or evasion of duty in respect thereto.
7. ELECTION LAWS
Election laws should be reasonably and liberally construed to achieve their purpose which is to
(1)effectuate and safeguard the will of the electorate in the choice of their representatives and
(2)give effect to the express will of the electorate because the application of election laws
involves public interest and imposes upon the COMELEC and the courts the imperative duty to
ascertain by all means within their command who is the real candidate elected by the people.
8. AMNESTY PROCLAMATIONS
Amnesty proclamations and pardons shall be liberally construed in favor of the person/s
benefiting from such amnesty or pardon and strictly construed against the state because the
intent of amnesty and pardon is to encourage the return to the fold of the law of those who have
veered from it.
Statutes of limitations are liberally construed in favor of the accused because the very existence
of the statute is a recognition by the legislature of the fact that time, while it gradually wears out
proofs and innocence, has assigned to it fixed and positive periods in which it destroys proofs of
guilt.
Adoption statutes are liberally construed in favor of the child being adopted because such laws
were made for the benefit and welfare of the said child.
Retirement and pension laws are liberally construed in favor of the recipient because such laws
were made to achieve the humanitarian purposes of the law in order that the efficiency, security
and well-being of government employees may be enhanced.
Rules of court are construed liberally with the end in view of realizing their purpose which is the
proper and just determination of a litigation. These rules have to be construed as to give litigants
ample opportunity to prove their respective claims.
Curative statutes are liberally construed as to give effect to its purpose which is to supply defects,
abridge superfluities and curb certain evils.
Redemption statutes are liberally construed to enable the debtor to have his property applied to
pay as many debtor’s liabilities as possible. Similarly, laws on attachment and laws providing
exemptions from execution shall be liberally construed to assist parties in obtaining speedy
justice and to give effect to their beneficient and humane purpose.
Instruments of credit shall be liberally construed in favor of the bona fide holders of such receipts.
16. PROBATION
Probation should be liberally construed to give first-time offenders a second chance to maintain
his place in society through reformation.
Laws granting powers to an agency created by the Constitution are liberally construed for the
advancement of the purpose and objectives for which it was created.
MANDATORY STATUTES – a statute which commands either postively that something be done or
peformed in a particular way or negatively that something be not done, leaving the person concerned no
choice on the matter except to obey.
DIRECTORY STATUTES – a statute which is 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
NOTE: There is no universal rule by which directory statutes are classified from mandatory statutes.
NOTE: As a general rule, “shall” and “must” are used for mandatory statutes, and “may” is used for
directory statutes, unless legislative intent provides otherwise.
NOTE FURTHER: Use of negative, prohibitory or exclusive terms are generally indicative of mandatory
statutes because there is only one way to follow negative statements which is not to do what is indicated.
MANDATORY STATUTES
DIRECTORY STATUTES
1. Statutes prescribing guidance for others
2. Statutes prescribing manner of judicial action
3. Statutes requiring rendition of decision within prescribed period
4. Constitutional time provision
VIGILANTIBUS ET NON DORMIENTIBUS JURA SUBVENIUNT – the laws aid the vigilant, not those
who slumber on their rights
POTIOR EST IN TEMPORE, POTIOR EST IN JURE – he who is first in time is preferred in right
PROSPECTIVE STATUTE – a statute which operates upon facts or transactions that occur after the
statute takes effect, one that looks and applies to the future.
RETROACTIVE STATUTE – a statute which creates a new obligation, imposes a new duty or attaches a
new disability in respect to a transaction already in the past.
NOTE: Article 4 of the New Civil Code provides, “Laws shall have no retroactive effect, unless the
contrary is provided.” Hence, laws are presumed to be prospective unless the the intendment of the
legislature to give them a retroactive effect is expressly declared or is necessarily implied from the
language used. In case of doubt, it shall be resolved against retroactivity.
LEX PROSPICIT, NON RESPICIT – the law looks forward, not backward
LEX DE FUTURO, JUDEX DE PRAETERITO – the law provides for the future, the judge for the past
NOTE: Ex Post Facto laws only refer to penal and criminal laws only and does not include civil laws.
1. PENAL STATUTES – except when favorable to the accused who is not a habitual delinquent
2. EX POST FACTO LAW
a. A law which makes criminal an act done, and punishes such act
b. A law which aggravates a crime, or makes it greater than it was when committed
c. A law which changes the punishment and inflicts a greater punishment than that annexed
to the crime when committed
d. A law which alters the legal rules of evidence, and authorizes conviction upon less or
different testimony than the law required at the time of commission of the offense
e. A law which assumes to regulate civil rights and remedies only, but in effect imposes
penalty or deprivation of a right for something which when done was lawful
f. A law which deprives a person accused of a crime of some lawful protection to which he
has become entitled, such as protection of a former conviction or acquittal, or a
proclamation of amnesty.
TEST: Does the law sought to be applied retroactively take from an accused any right that
was regarded at the time as vital for the protection of life and liberty?
3. BILL OF ATTAINDER – a legislative act which inflicts punishment without judicial trial
4. STATUTES SUBSTANTIVE IN NATURE
5. STATUTES AFFECTING VESTED RIGHTS
6. STATUTES AFFECTING OBLIGATIONS AND CONTRACTS
7. REPEALING AND AMENDATORY ACTS
8. STATUTES RELATING TO APPEALS
1. PROCEDURAL / REMEDIAL LAWS – except where the statute itself expressly or by necessary
implication provides that pending actions are excepted from its operation, or where to apply it
would impair vested rights
2. CURATIVE STATUTES – “Devt Bank of the Phils vs CA: …legislations which reach back on past
events to correct errors or irregularities and to render valid and effective attempted acts which
would be otherwise ineffective for the purpose the parties intended.” Except when application
would impair obligations of contracts or disturb vested rights
NOTE: When a law shich expressly repeals a prior law is itself repealed, the law first repealed shall not be revived unless expressly provided. Where a repealing
statute is declared unconstitutional, it will have no effect of repealing the former statute.
NOTE: The primary purpose of Constitutional construction is to give effect to the intent of the framers of
the organic law and of the people adopting it.
NOTE FURTHER: The Constitution is to be construed to intend not only for the effectivity of a few years,
but enduring for a long period of time.
NOTE: A good number of rules of statutory construction are applicable to the construction of the
Constitution. In appropriate cases, they may be employed in construing the Constitution.
NOTE: The Constitution must be construed as a whole and not separate each provision from each other.
Conflicting provisions must be harmonized in a manner that may give to all of them full force and effect.
NOTE FURTHER: Generally, Constitutional provisions are self executing except those which are mere
declaration of general principles and state policies where subsequent legislation is needed to execute
such provisions.
NOTE: Since the Philippine Constitution was derived or patterned from the US Consitution, courts have
cited the US Supreme Court decisions in deciding constitutional issues arising from provisions similar to
or taken from that of the US.