STATUTES –

Is the written will of the legislature, express according to the form necessary to
constitute it a law of the state and rendered authentic by certain prescribed forms and
solemnities.

STATUTES LAW –

Includes not only the statute but also the judicial interpretation and application of
the enactment.

Classification of Statutes.

1. Public and Private

• Public Act – is one which affects the community at large.

• Private Act – is confined to particular individuals, associations or
corporations

2. General, Special or Local

• General Law – is one which relates to persons, entities, or things as a class,

or operates equally or alike upon all of a class, omitting no person, entity or
thing belonging to the class.
• Special Law – is one which relates to particular person, entities or things of a
class.
• Local Act – is one whose operations is confined within territorial limits other
than that of the whole state, or applies to less than the whole, or to the
property of persons of a limited portion of the state, or is directed to a specific
locality or spot as distinguished from a law which operates throughout the
state.

3. Remedial, Curative and Penal

• Remedial Statutes – are those which abridge superfluities of former laws

and remedy defects thereof; reform or extend existing rights; promote justice;
or advance public welfare and important and beneficial public objects such as
the protection of the health, morals or safety of society or the public
generally.
• Curative Act – is one which attempts to cure or correct irregularities in
judicial or administrative proceedings or which seek to give effects to
contracts and other transactions between private persons which otherwise
would fail to produced their intended consequences on account of some
statutory disability or failure to comply with some technical requirements.
• Penal Statute – strictly speaking, is one which imposes punishment for an
offense committed against the state; however, the term has frequently been
extended to include any act which imposes penalty, or creates a forfeiture as
a punishment for the transgression of its provisions or the commission of
some wrong or the neglect of some duty.

4. Mandatory and Directory

• Mandatory Statute - is one whose provision or requirements if not complied

with will render the proceeding to which it relates illegal and void.
• Directory – is one where non-compliance will not invalidate the proceedings
to which it relates.

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 5. Permissive, Prohibitive and Preceptive

• Permissive Statute – is one which allows certain acts to be done without

commanding that they be performed.
• Prohibitive Statute – one which forbids the doing of a certain things.
Particularly those which are injurious to the rights of others, or of the public.
• Preceptive Statute – commands the doing of certain acts and regulates the
form or manner of their performance.

6. Affirmative and Negative

A statute expressed in affirmative term is an affirmative statute and one

express in negative term is a negative statute.

7. Adopted and Reenacted

• Adopted statute – is one which borrowed wholly or in part by one state from
the other.
• Reenacted statute – is one which is passed in substantially the same
language as a prior one passed by the same legislature.

8. Prospective and Retrospective

• Prospective statute - one which operates upon or regulates acts or

transactions taking place after it takes effects.
• Retrospective or retroactive act – is one which already committed or
transactions already completed before it becomes effective.

9. Reference and Declaratory

• Reference act – is one which refers to the other statutes and make them
applicable to the subject of new legislation.
• Declaratory act – is one the purpose of which is to removed doubts as to the
meaning of existing law, or to correct a construction considered erroneous by
the legislature.

10. Permanent and Temporary

• Permanent act – is one whose operation is not limited to a particular period of

time but which continues in force until it is duly altered or repealed.
• Temporary act – is one whose life or duration is fixed for a specified period of
time at the moments of its enactment, and continues in force unless sooner
repealed, until the expiration of the time fixed for its duration.

11. Repealing and amendatory

• Repealing acts – a law which revokes or terminates another statute either by

express language or by implication.
• Amendatory acts – is one which makes an addition to or operates to change
the original law so as to effect an improvement therein, or to more effectively
carry out the purpose for which the original law was passed.

PARTS OF STATUTE:

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1. Title – is that parts of statute that gives general statement of, and calls attention to
the subject matter of an act, so that the legislator and the public may be apprised of
the subject matter of the legislation, and be put upon inquiry in regard thereto.

Note: Constitutional Provision on Title – the Constitution of the Philippines provides that
“every law passed by congress shall embraced only one subject which shall be
expressed in the title of the bill.” The primary purpose of such constitutional requirement
is to prohibit duplicity in legislation, the title of which might completely fail to apprise the
legislators or the public of the nature, scope and consequences of the law or its
operation. Its prevents hodge-podge or “log-rolling” legislation and guards against
inadvertence, stealth and fraud.

Log-rolling – is a mischievous legislative practice of embracing in one bill several

distinct matters, none of which perhaps could singly obtain the assent of the
legislature, and then procuring its passage by a combination of the minorities in favor
of each of the measures in minority that will adopt them all.

2. Preamble – the preamble is that part of the statute, following the title and preceding
the enacting clause, which states the reason for or the objects of the enactment. It is
not an essential part of the statute.

3. Enacting Clause – it is that part of the statue which indicates the authority which
promulgated the enactment. In the absence of the constitutional provisions, the
enacting clause is not essential to a valid law. But such a clause clothes the statute
with a certain dignity, believed in all times to command, respect and aid in the
enforcement of laws.

4. The Body – sometimes referred to as the purview of the act, contains the subject
matter of the statute. As explained earlier, the Philippine Constitution requires that a
law contains only one subject and this it must be stressed, is directed, not against the
title, but against the act itself, so that if there is but one subject in the act and the title
expresses more than one, the additional subject will merely be regarded as
surplusage.

5. Provisos – a proviso is a clause added to an enactment for the purpose of acting

restraint upon, or as a qualification of the generality of the language which it follows. It
usually starts with the word “provided”.

6. Exceptions – An exception exempt something which would otherwise fall within the
general words of the statute.

7. Interpretative Clause – that part of the statute where the legislature defines its own
language or prescribes rules for its construction.

8. Repealing Clause – is that part of the statute which announces the legislative intent
to terminate or revoke another statute or statutes.

9. Saving Clause – restricts a repealing act and preserves existing powers, rights and
pending proceeding from the effects of the repeal.

10. Separability Clause – it is a clause which states that it for any reason, any section or
provision of the statute is held unconstitutional or invalid no other section or provision
of the law shall be effected thereby.

11. Date of Effectivity – it is that part of the law which states when such law shall take
effect.

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12. Enactment of Statute; Constitutional provision – on the enactment of a bill into
statute, the 1987 Constitution provides that:

“No bill passed by either House shall become a law unless it has passed 3
readings on separate days, and printed copy thereof in its final form have
been distributed to the members 3 days before its passage, except when the
president certifies to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.”

13. The Enrolled Bill Theory – The signing of the Speaker of the House of
Representatives and by the Senate President, in an open session of an enrolled bill is
an official attestation by the two houses of such bill as one that has passed congress.
It is a declaration by the two houses, through their presiding officers, to the President,
that a bill, thus attested, has received in that form, sanction of the legislative branch
of the government, and that it is delivered to him in obedience to the constitutional
requirement that all bills which pass congress shall be presented to him. And when a
bill thus attested, receives his approval, its authentication as a bill that has passed
congress should be deemed complete and unimpeachable.

14. Resolutions – A resolution is a legislative expression on some given matter or thing;

it is not submitted to the executive for approval; and it is ordinarily passed without the
forms, solemnities and delays generally required for the enactment of statutes. It may
be simple, concurrent or joint.

Simple – A simple resolution is a formalized motion passed by a majority of single

legislative chamber. It is usually used to:

• Create committees,
• To express recognition for meritorious service,
• To extend sympathy on the death of a member,
• Or to establish rules governing internal affairs of the chamber.

Concurrent Resolutions – performs the same function as a simple resolution but is

passed by both chambers of the legislature. It therefore reflects the opinion of the
entire legislative body.

Joint Resolution – is one passed by both chambers of the legislature in joint

session. It passes through greater procedural safeguards than the other kind of
resolution to insure expression of a more sober judgment.

15. Ordinances – Legislative acts passed by a local government unit in the exercise of
its law-making authority.

16. Codes and Compilations – A code is a restatement either of the whole of the
general laws of a state, or of some great subdivision of such laws, under one general
title. A Compilation, on the other hand, is simply a systematic arrangement of
existing statutory laws.

Codification entails a re-examination and revision of existing statute law as

well as the elimination of repealed ones. After codification, the law becomes
the reservoir of all statute law on the subjects covered. Compilation on the
other hand, does not bring about the alteration of existing statutory law.

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 CHAPTER II

Interpretation and Construction -

Is the act or process of discovering and expounding the meaning and intention of the
author of the law with respect to its application to a given case, Interpretation and
construction have one or the same object or purpose, and they are frequently used
interchangeably.

Construction – as a process for determining the meaning of statutes, is the drawing

of conclusions with respect to subjects which lie beyond the direct expression of the
text from elements known from, and given in the text.

Interpretation – is limited to exploration of the written text itself. One who interprets,
therefore, makes use of intrinsic aids or those found in the statute itself, but one who
construes utilizes extrinsic aids or those found beyond the written language of the
law. And since the statute itself furnishes the best means for its own exposition, one
must interpret before he construes, in other words, he must utilize and exhaust
intrinsic aid before resorting to extrinsic aids.

Extrinsic Aids, being mere indications of evidence of legislative intent and not
reservoir thereof, can only be resorted to after intrinsic aids has been used and
exhausted.

Ambiguity – is defined as doubtfulness, doubtfulness of meaning, indistinctness or

uncertainty of meaning of an expression used in written instrument.

Existence of Ambiguity -

The court regards an ambiguity to exist where the legislature has enacted two or
more statutes or provisions of a statute which appear to be inconsistent, or where the
literal interpretation of the words would lead to unreasonable, unjust or absurd
consequences, or where a statute is in conflict with the constitution.

Sec. 27. Legislative intent – is what the legislative meant by the use of the language
contained in the statute, sometimes it is called the law of the statute.

Sec. 28 Legislative Purpose – it is the reason why the legislature passed a particular
enactment. Is the meaning that should be placed upon the words used in the law.

Sec. 29. Authority and Duty of Courts to Interpret or Construe the Law.- The judicial
department of every government, where such department exists, is the appropriate organ for
construing the legislative acts of the government. Although it is true that under proper
circumstances some aid may be derived from executive and legislative construction statutes,
it is ultimately the court’s province and duty to construe, in good faith, laws enacted by the
legislature. In this respect, it has been said that: “To declare what the law is, or has been,
is a judicial power; to declare what the law shall be is legislative.” But unless expressly
provided by a statute, rules of construction and interpretation are not mandatory upon the
courts; the latter are at liberty to disregard them.

Sec. 31. Spirit and Letter of the Law.- Nonetheless, conscience and equity should always
be considered in the construction of the statutes. The courts are not always to be hedged in

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by the literal meaning of the language of the statute; the spirit and intendment thereof must
prevail over its letter, especially where adherence to the latter would result in absurdity and
injustice. “The spirit of the law is the caused which moved the legislator to enact it; and
it has been said that the letter of the law is its body, while the spirit is its soul.” Thus
cases which do not come within the strict letter of the statute if within the spirit, will fall within
its scope; and cases within the letter of the statute, if without its spirit, will not come within its
operation.

Elements of Newspaper in Gen. Circulation

1. Although not published nationwide, it is enough that newspaper should be published

on regular interval.
2. Disseminate information in the general public.
3. There must be regular paying subscription.
4. It must not cater to a particular class or group.

CHAPTER III

Sec. 33. Legislative Intent Determined from language of Statute. – The only mode in
which the will of the legislature is spoken is in the statute itself. Hence, in the construction of
statute, it is the legislative intent manifested in the statute that is of importance, and such
intent must be determined primarily from the language of the statute, which affords the best
means for its exposition.

FINALS

Statutory Construction, Defined

Statutory construction is the act or process of discovering and expounding the

meaning and intention of the authors of the law with respect to a given case, where that
intention is rendered doubtful, among others, by reason of the fact that the given case is not
explicitly provided for in the law.

Chapter VII
Operation, Amendment, Repeal and Revival of Statutes

Effectivity of Statutes

Law take effect after fifteen days following the completion of their publication in the
Official Gazette, or in a newspaper of general application. The requirement of the publication
of a statute prior to its taking effect is for the purpose of enabling persons affected to shape
their course of action accordingly.

Place of Operation of Statutes

Legislative enactment can only operate, propio vigore, upon the persons and things
within the territorial jurisdiction of the lawmaking power, and no law has any effect, of its own
force, beyond the territorial limits of the sovereignty from which its authority is derived.

Retrospective Operation of Penal Laws

As a general rule, are to be given prospective operation; otherwise, they may fall
within the constitutional prohibition of ex post facto legislation.

When Penal Laws Given Retroactive Operation. - Art. 22 of the RPC provides;

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 Retroactive effect of penal laws. – Penal laws shall have a retroactive effect in so
far as they favor the person guilty of felony, who is not a habitual criminal, as this term is
defined in rule 5 of Art. 62 of this code, although at the time of the publication of such laws a
final sentence has been pronounced and the convict is serving the same.

Retrospective Operation of Curative Acts.

Curative acts which are enacted to validate legal proceedings, the acts of public
officers, or private deeds and contracts, operate on condition already existing and, in a sense,
can have no prospective operation. Where valid, they must be given retrospective operation
by the courts.

Amendment of Statutes

An amendment is a change of some of the existing provisions of the statutes; or,

stated in more detail, a law is amended when it is in whole or in part permitted to remain and
something is added to, or taken from it, or it is in some way changed or altered in order to
make it more complete, or perfect, or effective. Amendment is not the same as repeal,
although it may operate as repeal to a certain degree.

Revisions and codifications

The legislature may reverse or codify existing law to an y extent it deems necessary
so long as no constitutional limitation is exceeded. The purpose of the revision or codification
is to clarify statute law and make it easily found. And a title of the bill enacting a revision or
code is sufficient if it relates to a unified subject. The actual work of codification or revision is
actually done by the commissioners appointed by the legislature.