RULES OF

CONSTRUCTION

CARDINAL RULES OF CONSTRUCTION

CARDINAL RULES OF CONSTRUCTION

❑STATUTE CONSTRUED AS WHOLE

❑STRICT OR LIBERAL CONSTRUCTION

❑ MANDATORY OR DIRECTORY STATUTES

❑ PROSPECTIVE OR RETROACTIVE STATUTES

STATUTE CONSTRUED AS WHOLE AND IN

RELATION TO OTHER STATUTES

❑ A statute is passed as a whole and not in parts or sections and is animated by one general

purpose and intent. In other words, the whole and every part of the statute should be construed

together

❑ The court explained the rule in this wise:

A statute must be so construed as to harmonize and give effect to all its provisions whenever

possible. The meaning of the law, it must be borne in mind, is not to be extracted from any single

part, portion or section or from isolated words and phrases, clauses or sentences but from a general

consideration or view of the act as a whole. Every part of the statute must be interpreted with

reference to the context. This means that every part of the statute must be considered together

with the other parts, and kept subservient to the general intent of the whole enactment, not

separately and independently.

STATUTE CONSTRUED AS WHOLE AND IN

RELATION TO OTHER STATUTES

❑ Apparently conflicting provisions should be reconciled

The various provisions of a statute must be read together so that all may, if possible, have their

due and conjoint effect, without repugnancy or inconsistency. All the provisions, even if apparently

contradictory,should be allowed to stand and given effect by reconciling them

❑ Special and general provisions in same statute

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 operative and the general provision must be taken to affect only the other parts

of the statute to which it may properly apply.

In other words, the particular or special provision is construed as an exception to the general

provision so that all the provisions are given effect.

STATUTE CONSTRUED AS WHOLE AND IN

RELATION TO OTHER STATUTES

❑ Statute construed in harmony with the Constitution

The statute should be construed in harmony with, and not in violation of, the fundamental law.

The legislature is presumed to have adhered to the constitutional limitations. Courts should

accordingly presume that it was the intention of the legislature to enact a valid, sensible, and just

law and one which operates no further than may be necessary to effectuate the specific purpose of

the law.

❑ Where harmonization is impossible

If two or more laws on the same subject cannot possibly be reconciled or harmonized, one has to

give way in favor of the other. There cannot be two conflicting laws on the same subject. Either the

two laws are harmonized or, if they cannot, the earlier one must yield to the later one, it being the

later expression of legislative will.

STRICT OR LIBERAL CONSTRUCTION

❑ General Rule: Whether a statute is to be given a strict or liberal construction will depend upon

the nature of the statute, the purpose to be sub-served, and the mischief to be remedied; also that

interpretation that will best accomplish the end desired and effectuate legislative intent

❑ What is STRICT CONSTRUCTION?

➢ That construction according to the letter of a statute, which recognizes nothing that is not

expressed, takes the language used in its exact meaning, and admits no equitable

consideration

➢ Not that the statute is given its narrowest meaning, or that words be so restricted as not to
have their full meaning, but simply that the scope of a statute shall not be extended or

enlarged by implication, intendment, or equitable consideration beyond the literal meaning of

its terms

❑ What is LIBERAL CONSTRUCTION?

➢ Such equitable construction as will enlarge the letter of a statute to accomplish its intended

purpose, carry out its intent, or promote justice

STRICT OR LIBERAL CONSTRUCTION

❑ LAWS ON SOCIAL JUSTICE/SOCIAL WELFARE/FOR THE COMMON GOOD – LIBERALLY

CONSTRUED IN FAVOR OF THE BENEFICIARIES

❑ ELECTION LAWS – LIBERAL CONSTRUCTION IS APPLIED TO EXPRESS THE WILL OF THE

PEOPLE

❑ TAX LAWS – STRICTLY CONSTRUED AGAINST THE STATE AND LIBERALLY CONSTRUED IN

FAVOR OF THE TAX PAYERS, EXCEPT IF EXEMPTIONS ARE SOUGHT

❑ LABOR LAWS – LIBERALLY CONSTRUED IN FAVOR OF THE WORKER

❑ PENAL LAWS – STRICTLY CONSTRUED AGAINST THE STATE AND LIBERALLY CONSTRUED IN

FAVOR OF THE ACCUSED

❑ RULES OF COURT – MAY BE STRICTLY OR LIBERALLY CONSTRUED

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES STRICTLY CONSTRUED

A. Penal Statutes

Refer to those laws by which punishments are imposed for violation or transgression

of their provision; those that define crimes, treat of their nature and provide for their

punishment

Criminal laws are strictly construed against the state and liberally in favor of the

accused. This means that penal statutes cannot be enlarged or extended by intendment,

implication, or any equitable consideration.

The rule that penal statutes are strictly construed does not mean that every penal

law must be so narrowly construed as to defeat the law itself; it merely means that they are
not to be construed so strictly as to nullify or destroy the obvious purpose of the legislature.

E.g. PD No. 1564 punishes a person who solicits or receives contribution for

“charitable or public welfare purposes” without any permit from DSWD. Do charitable

purposes include religious purposes? The SC said the term “charitable” should be strictly

construed so as to exclude solicitation for “religious” purposes in the scope of the law

(Centeno v. Villalon-Pornillos 236 SCRA 197 1994)

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES STRICTLY CONSTRUED

B. Statutes in derogation of rights

Citizens enjoy certain rights guaranteed by the Constitution or protected by law. But rights

are not absolute, and the state, in the exercise of its police power, may enact legislations

curtailing or restricting their enjoyment. These statutes are in derogation of rights and they

are generally strictly construed

Statutes authorizing expropriation of property, fixing the ceiling of the price of the

commodities, suspending the period of prescription of actions are examples of statutes in

derogation of common or general rights, and are accordingly construed strictly

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES STRICTLY CONSTRUED

C. Statutes authorizing expropriations

Statutes authorizing the expropriation of property are strictly construed against the

expropriating authority and liberally in favor of property owners. The reason is that the “exercise of the

right of eminent domain, whether by the state, or by its authorized agents, is necessarily in derogation

of private rights, and the rule is that the authority must be strictly construed

D. Statutes granting privileges

Statutes granting advantages to private persons or entities have in many instances created

special privileges or monopolies for the grantees and have thus been viewed with suspicion and strictly

construed

E. Legislative grants to LGUs

Legislative grants in favor of LGUs are grants of a public nature, and hence, should be strictly
construed against the grantee. One compelling reason given for the strict interpretation of a public

grant is that there is in such a grant a gratuitous donation of public money or property which results in

an unfair advantage to the grantee and for that reason, the grant should be narrowly restricted in

favor of the public.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES STRICTLY CONSTRUED

F. Statutory grounds for removal of officials

Removal is to be confined within the limits prescribed for it; the causes, manner and

conditions fixed must be pursued with strictness; the reason for the stringent rule is that the remedy of

removal is a drastic one and penal in nature.

G. Naturalization laws

It is well-settled that laws on naturalization are strictly construed against an applicant for

citizenship and rigidly followed and enforced; the reason is that the right of an alien to become citizen

by naturalization is a statutory rather than a natural one, and it does not become vested until he files a

petition.

H. Statutes imposing taxes and custom duties

The power to tax involves the power to destroy. It interferes with the personal and property

rights of the people. Accordingly, tax statutes must be construed strictly against the government and

liberally in favor of the taxpayer.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES STRICTLY CONSTRUED

F. Statutes granting tax exemptions

Taxes are the lifeblood of the nation. Consequently, the law frowns against exemptions from taxation.

Laws granting tax exemptions are thus construed strictissimi juris against the taxpayer and liberally in
favor of

the taxing authority. The basis for the rule of strict construction is to minimize the different treatment
and foster

impartiality, fairness, and equality of treatment among taxpayers

The rule is not absolute. Where the provision of the law is clear and unambiguous, so that there is no
occasion for the court seeking the legislative intent, the law must be taken as it is, devoid of judicial
addition or

subtraction.

H. Statutes authorizing suits against the government

A statute whereby the state gives its consent to be sued is strictly construed, and the waiver of

immunity from suit, being in derogation of sovereignty, will not be lightly inferred.

Even if the state consents, by law, to be sued, strict construction thereof requires that the law should

not be interpreted to authorize garnishment of public funds to satisfy a judgment against the
government, or

the issuance of a writ of execution against government property.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES STRICTLY CONSTRUED

I. Statutes prescribing formalities of will

A will must be executed in accordance with the statutory requirements, otherwise it is entirely

void. And the court can neither suspend or dispense with such requirements.

J. Exceptions and provisos

As a rule, exceptions should be strictly but reasonably construed; they extend only so far as their

language fairly warrants, and all doubts should be resolved in favor of the general provision rather than

the exceptions.

A proviso should be interpreted consistently with the legislative intent. In an attempt to determine

the legislative intent, the proviso should be strictly construed. The reason is that 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.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES LIBERALLY CONSTRUED

A. General social legislation

Statutes enacted to implement the social justice and protection-to-labor provisions of the

Constitution known as general welfare legislations are construed liberally. They include labor laws,

tenancy law, land reform laws and social security laws.

This principle holds true only when there is doubt or ambiguity in the law and not when the law

itself is clear and free from doubt.

B. General welfare clause

The general welfare clause should be construed liberally in favor of the LGUs. It should be so

interpreted in case of doubt, as to give more powers to LGUs in promoting the economic condition,
social

welfare, and material progress of the people in the community.

C. Grant of power to LGUs

Implied power of a province, a city or a municipality shall be liberally construed in its favor.

Section 5 of the Local Government Code of 1991 provides in part that …any provision on a power of a
LGU

shall be liberally interpreted in its favor, and in case of doubt, any question thereon shall be resolved in

favor of devolution of powers…

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES LIBERALLY CONSTRUED

D. Statutes granting taxing power

The Constitution provides that “each LGU 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”. This means that statutes prescribing limitations on the

taxing power of LGUs must be strictly construed against the national government

and liberally in favor of LGUs

E. Statutes prescribing prescriptive period to collect taxes

Statutes prescribing the period of limitation of action for the collection of

taxes is beneficial both to the government and its citizens; the laws on prescription

being a remedial measure should be interpreted liberally in a way conducive to

bringing about the beneficial purpose of affording protection to taxpayers.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES LIBERALLY CONSTRUED

F. Statutes imposing penalties for non-payment of taxes

Statutes imposing penalties for non-payment of taxes within the required

period are liberally construed in favor of the government and strictly observed and

interpreted against the taxpayer. If delays in tax payment are to be condoned for

light reasons, the laws imposing penalties for delinquencies would be rendered

nugatory, and the maintenance of the government and its multifarious activities

would be precarious

G. Election laws

Election laws should be reasonably and liberally construed to achieve their

purpose – to effectuate and safeguard the will of the electorate in the choice of their

representatives – for 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.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES LIBERALLY CONSTRUED

H. Amnesty proclamations and pardon

Amnesty proclamations should be liberally construed so as to carry out their purpose, which

is to encourage the return to the fold of the law of those who have veered from the law.

The grant of pardon should likewise be construed liberally in favor of those pardoned and

strictly against the state because amnesty and pardon are synonymous, for where two words are

synonymous, the rules for interpreting one will apply to the other.

I. Statutes prescribing prescriptions of crime

A statute of limitation or prescription of offenses in in the nature of an amnesty granted by

the state, declaring that after a certain time, oblivion shall be cast over the offense. Hence, statutes of

limitations are liberally construed in favor of the accused, not only because such liberality of

construction belongs to all acts of amnesty and grace, but because the very existence of the statute is

a recognition and notification 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.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES LIBERALLY CONSTRUED

J. Adoption statutes

The liberal construction is in consonance with the liberal concept that

adoption statutes, being humane and salutary, hold the interest and welfare of

the child to be of paramount consideration and are designed to provide homes,

parental care and education for the unfortunate, needy or orphaned children and

give them the protection of society and family in the person of the adopter.

K. Veteran and pension laws

Veteran and pension laws are enacted to compensate a class of men who

suffered in the service for the hardships they endured and the dangers they

encountered in line of duty. For this reason, such statutes are construed liberally

to the end that their noble purpose is best accomplished.

STRICT OR LIBERAL CONSTRUCTION

❑ STATUTES LIBERALLY CONSTRUED

L. Rules of Court

The Rules of Court, being procedural, are to be construed liberally with the end in view of

realizing their purpose – the proper and just determination of a litigation. However, where a decision

of a court is satisfactorily supported by the records and is in strict accordance with the rules, a liberal

construction of such rules so as to justify setting aside the decision is not warranted. Common

grounds for relaxation include the following:

1. where a rigid application will result in a manifest failure or miscarriage of justice

2. where the interest of substantial justice will be served

3. where the resolution of the issues is addressed solely to the sound and judicious discretion

of the court

4. where the injustice to the adverse party is not commensurate with the degree of his

thoughtlessness in not complying with the prescribed procedure

MANDATORY OR DIRECTORY STATUTES

❑ What is a MANDATORY STATUTE?

➢ It is a statute which commands either positively that something be done, or performed in a

particular way, or negatively that something be not done, leaving the person concerned no

choice on the matter except to obey

➢ It contains words of command or of prohibition, such as SHALL, MUST, OUGHT, SHOULD,

CANNOT, SHALL NOT, OUGHT NOT

➢ Examples:

▪ Statutes conferring power to a public body or officer

▪ Statutes granting benefits

▪ Statutes prescribing jurisdictional requirements

▪ Statutes prescribing time to take action or to appeal

▪ Statutes prescribing procedural requirements

MANDATORY OR DIRECTORY STATUTES

❑ Mandatory Statutes

A. Statutes conferring power

Statutes which confer upon a public body or officer power to perform acts which

concern the public interests or rights of individuals, are generally regarded as mandatory

although the language used is permissive only since such statutes are construed as imposing

rather than conferring privileges.

B. Statutes granting benefits

Statutes which require certain steps to be taken or certain conditions to be met before

persons concerned can avail of the benefits conferred by law are, with respect to such

requirements, considered mandatory.

MANDATORY OR DIRECTORY STATUTES

❑ Mandatory Statutes

C. Statutes prescribing jurisdictional requirements

The general rule is that statutory requirements by which courts or tribunals acquire

jurisdiction to hear and decide particular actions must be strictly complied with before the courts or

tribunals can have authority to proceed. Hence, statutes prescribing the various steps and methods to
be taken for acquisition of jurisdiction by the courts or tribunals over certain matters are considered

mandatory.

D. Statutes prescribing time to take action or to appeal

Statutes or rules prescribing the time for litigants to take certain actions or to appeal from an

adverse decision is generally mandatory. Such statutes or rules have been held as absolutely

indispensable to the prevention of needless delays and to orderly and speedy discharge of business,

and are a necessary incident to the proper, efficient, and orderly discharge of judicial functions.

MANDATORY OR DIRECTORY STATUTES

❑ Mandatory Statutes

C. Statutes prescribing procedural requirements

In statutes relating to procedure, every act which is jurisdictional, or of the essence of

the proceedings, or is prescribed for the protection or benefit of the party affected, is mandatory.

D. Election laws on conduct of election

The provisions of election laws governing the conduct of elections and prescribing the

steps election officials are required to do in connection therewith are mandatory before the

elections; however, when it is sought to enforce them after the elections, they are held to be

directory only, especially where, if they are held to be mandatory, innocent voters will be

deprived of their votes without any fault on their part.

MANDATORY OR DIRECTORY STATUTES

❑ Mandatory Statutes

E. Election laws on qualification and disqualification

Provisions of the election laws prescribing the time limit to file certificate of candidacy

and the qualifications and disqualifications to elective office are mandatory, even after the

elections

F. Statutes prescribing qualifications for office

Eligibility to a public office is of a continuing nature and must exist at the

commencement of the term and during the occupancy of the office. If a person is not qualified at

the time he assumed office, or if he loses such eligibility or qualifications during the continuance

of his incumbency, he may ousted from office.

MANDATORY OR DIRECTORY STATUTES

❑ Mandatory Statutes

G. Statutes relating to assessment of taxes

It is a general rule that the provisions of a statute relating to assessment of taxes, which

are intended for the security of the citizens, or to ensure the equality of taxation, or for certainty

as to the nature and amount of each other’s tax, are mandatory; but those designed merely for

the information or direction of officers or to secure methodical and systematic modes of

proceedings are merely directory.

H. Statutes concerning public auction sale

Statutes authorizing public auction sale of properties and prescribing the procedures to

be followed are in derogation of property rights and due process, and are construed, with respect

to the prescribed procedure, to be mandatory.

MANDATORY OR DIRECTORY STATUTES

❑ What is a DIRECTORY STATUTE?

➢ It is 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 or that its purpose can be accomplished in a manner other than

that prescribed and substantially the same result obtained.

➢ It contains permissive words, such as MAY

➢ Examples:

▪ Statutes prescribing guidance for officers

▪ Statutes prescribing manner of judicial action

MANDATORY OR DIRECTORY STATUTES

❑ When is SHALL considered as DIRECTORY and not MANDATORY?

➢ Three-prong test for determining when the word “shall” may be interpreted

as directory: First, “shall” can be read in a non-mandatory sense when a

statute’s purpose “confute[s] (or disproves) the probability of a compulsory

statutory design”. Second, “shall” will not be read as mandatory when

“unjust consequences” result. Finally, the word “shall” may be held to be

merely directory, when no advantage is lost, when no right is destroyed,

when no benefit is sacrificed, either to the public or to the individual, by

giving it that construction

MANDATORY OR DIRECTORY STATUTES

❑ When is MAY considered as MANDATORY?

➢ The word “may” will be construed to be mandatory when it is necessary to

accomplish the manifest purpose of the legislature

➢ Where the statute provides for the doing of some act which is required by

justice or public duty, or where it invests a public body or officer with power

and authority to take some action which concerns the public interest or the

rights of individuals, the permissive language will be construed as

mandatory and the execution of the power may be insisted as a “duty”

MANDATORY OR DIRECTORY STATUTES

❑ Directory Statutes

A. Statutes prescribing guidance for officers

There are statutory requisitions intended for guidance of officers in the conduct of

business devolved upon them which do not limit their power or render its exercise in disregard of

the requisitions ineffectual. Such generally are regulations designed to secure order, system and

dispatch in proceedings, and by a disregard of which the rights of the parties interested may not

be injuriously affected.

B. Statutes prescribing manner of judicial action

Statutes prescribing the requirements as to the manner of judicial action that judges

should follow in the discharge of their functions are, as a rule, merely directory

MANDATORY OR DIRECTORY STATUTES

❑ Directory Statutes

C. Statutes requiring rendition of decision within prescribed period

The Constitution provides that the maximum period within which a case or matter shall
be decided or resolved from the date of its submission, shall be 24 months for the SC and unless

reduced by the SC, 12 months for lower collegiate courts, and 3 months for all other lower courts.

It has been held that a statute requiring rendition of judgment within a specified time is

generally construed to be merely directory, so that non-compliance with them does not

invalidate the judgment on the theory that if the statute intended such result, it would have

clearly indicated it.

PROSPECTIVE AND RETROACTIVE STATUTES

❑ What is a PROSPECTIVE STATUTE?

➢ One which operates upon facts or transactions that occur after the statute takes effect, one that looks
and

applies to the future.

❑ General Rule: Laws operate prospectively and not retroactively

➢ Bases for the Rule:

➢Article 4 of the Civil Code, that “laws shall have no retroactive effect, unless the contrary is provided.”

➢ Lex prospicit, non respecit, or the law looks forward, not backward

➢ Lex de future, judex de praeterito, or the law provides for the future, the judge for the past

➢ Nova constitution futuris formam imponere debet non praeteritis, or a new statute should affect the
future

and not the past

➢ Presumption that all laws operate prospectively, unless the contrary clearly appears or is clearly,
plainly

and unequivocally expressed or necessary implied

❑ Words and phrases indicating prospectivity: to apply “hereafter” or “thereafter” or is to take effect
immediately or

at a fixed future date, or in an enacting clause “from and after the passing of this Act”

PROSPECTIVE AND RETROACTIVE STATUTES

❑ Statutes Given Prospective Effect

A. Penal statutes, generally

As a general rule, penal laws or those which define offenses and prescribe penalties for their violation

operate prospectively. Art. 21 of the RPC provides that “no felony shall be punishable by any penalty not
prescribed by law prior to its commission”. This is based on the well-known legal maxim “there is no
crime without

a penalty, and there is no penalty without the law”.

Exception: except when they are favorable to the accused

Exception to the exception:

1. where the accused is a habitual delinquent

2. Where the latter statute expressly provides that it shall not apply to existing actions or pending cases

3. Where the accused disregards the later law and invokes the prior statute under which he was
prosecuted

PROSPECTIVE AND RETROACTIVE STATUTES

❑ Statutes Given Prospective Effect

B. Statutes substantive in nature

A substantive law is a law which creates, defines, or regulates rights concerning life, liberty or

property, or the powers of agencies or instrumentalities for the administration of public affairs.

Substantive law creates substantive rights.

A substantive law may not be construed retroactively without somehow affecting previous or

past rights or obligations; hence, it should be given strict and prospective construction, in the absence

of clear, plain, and unambiguous intent to the contrary.

Effects on pending actions

A statute which affects substantive rights and not merely procedural matters may not be

given retroactive operation so as to govern pending proceedings, in the absence of a clear legislative

intent to the contrary. Thus, where a court originally obtains and exercises jurisdiction over certain

actions in accordance with the existing law on the subject, a later statute restricting such jurisdiction

or transferring it to another tribunal will not be so construed as to affect the pending action, unless

the statute itself so provides or unless express prohibitory words are used

PROSPECTIVE AND RETROACTIVE STATUTES

❑ Statutes Given Prospective Effect

C. Statutes affecting vested rights

Rights are vested when the right to enjoyment, present or prospective, has become the
property of some particular person or persons, as a present interest. A statute may not be

construed and applied retroactively if it impairs substantive right that has become vested, as

disturbing or destroying existing right embodied in a judgment, or creating new obligations with

respect to past transactions as by establishing a substantive right to fundamental cause of action

where none existed before and making such right retroactive, or by arbitrarily recreating a new

right or liability already extinguished by operation of law.

The Court illustrated this in the following ruling. “There is no question that the abolition

of death penalty benefits herein accused-appellants. Perforce, the subsequent re-imposition of

death penalty will not affect them.

PROSPECTIVE AND RETROACTIVE STATUTES

❑ Statutes Given Prospective Effect

D. Statutes affecting obligations of contract

It is well-settled that any contract entered into must be in accordance with, and not repugnant to, the

applicable law at the time of execution.

Exception: unless a later statute provides that it shall have retroactive effect

Exception to the exception: doing so will impair the obligation of contracts

Any law which enlarges, abridges, or in any manner changes the intention of the parties necessarily

impairs the contract.

E. Repealing and amendatory acts

Statutes which repeal earlier or prior laws operate prospectively, unless the legislative intent to give

them retroactive effect clearly appears. However, although a repealing statute is intended to be
retroactive, it will

not be so construed if it will impair vested rights, or the obligations of contract, or unsettle matters that
had been

legally done under the old law.

PROSPECTIVE AND RETROACTIVE STATUTES

❑ What is a RETROACTIVE STATUTE?

➢ One which creates a new obligation, imposes a new duty or

attaches a new disability in respect to a transaction already past.

❑ What may be applied retroactively?

➢ Police power legislation

➢ Curative statutes

➢ Penal laws

➢ Social legislation

PROSPECTIVE AND RETROACTIVE STATUTES

❑ Statutes Given Retroactive Effect

A. Procedural laws

The general rule is that laws have no retroactive effect. However, there are exceptions to the general

rule, such as procedural laws and curative laws.

Procedural laws are adjective laws which prescribe rules and forms of procedure of enforcing rights or

obtaining redress for their invasion (rules of pleadings, practice & evidence).

In one case, the issue raised was whether a trial court has been divested of jurisdiction to hear and

decide case involving a mining controversy upon the promulgation of PD 1281 which vests upon the
Bureau of

Mines original and exclusive jurisdiction to hear and decide mining controversies. The Court held: “PD
1281 is a

remedial statute. It does not create new rights nor take away rights that are already vested. It only
operates in

furtherance of a remedy or confirmation of rights already in existence. As such, it can be given

retrospective

application of statutes. Being procedural in nature, it shall apply to all actions pending at the time of its
enactment

except only with respect to those cases which had already attained the character of a final and executory

judgment. Were it not so, the purpose of the Decree, which is to facilitate the immediate resolution of
mining

controversies by granting jurisdiction to a body or agency more adept to the technical complexities of
mining

operations, would be thwarted and rendered meaningless”.

PROSPECTIVE AND RETROACTIVE STATUTES

❑ Statutes Given Retroactive Effect

B. Curative laws

Curative remedial statutes are healing acts. They are remedial by curing defects and adding to the means
of

enforcing existing obligations. Curative statutes are intended to supply defects, abridge superfluities in
existing laws and curb

certain evils.

Example: EO 111 amended Art. 217 of the Labor Code to widen the workers’ access to the government
or redress of grievances by

giving the RDs and the LAs concurrent jurisdiction over cases involving money claims. This, however,
created a situation where the

jurisdiction of the RDs and LAs overlapped. As a remedy, RA 6715 further amended Art. 217 by
delineating their respective

jurisdictions. RDs have exclusive original jurisdiction over cases involving claims, provided: 1. the claim is
presented by an

employer or person employed in domestic or household service, or house helper under the Code, 2. the
claimant, no longer

employed, does not seek reinstatement; and 3. the aggregate money claim of the employee or house-
helper does not exceed

P5,000. All other cases are within the exclusive and original jurisdiction of the LAs.

Exception: Procedural and curative laws should not impair the obligations of contracts or disturb vested
rights.

Exception to the exception: Police power legislations; non-impairment of the obligations of contracts or
of vested rights must yield

to the legitimate exercise of the power, by the legislature, to prescribe regulations to promote the
health, morals, peace,

education, good order, safety and general welfare of the people.