Ruben Agpalo Staututory Construction Summary

8/13/2019 Ruben Agpalo Staututory Construction Summary

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Legal Method Reviewer Textbook : Statutory Construction by Agpalo

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ConstructionThe art or process of discovering andexpounding the meaning and intention of theauthors of law, where that intention is rendereddoubtful by reason of the ambiguity in itslanguage or the fact that the given case is notexplicitly provided for in the law.Purpose : to ascertain and give effect to theintent of the law, to determine legislative intent.

Rules of Statutory ConstructionThese are tools used to ascertain legislativeintent. They are not rules but mere axioms ofexperience.

Legislative IntentThe essence of the law. The intent of thelegislature is the law, and the ey to, and thecontrolling factor in, its construction andinterpretation.The primary source of legislative intent is thestatute itself.

Where the words or phrases of a statute are notobscure or ambiguous, its meaning and theintention of the legislature must be determined fromthe language employed.

Legislative urposeThe reason why a particular statute wasenacted by the legislature.

Legislative Meaning!hat the law, by its language, means: what itcomprehends, what it covers or embraces,

what it limits or confines.In construing a statute, it is not enough to ascertainthe intention or meaning of the statute! it is alsonecessary to see whether the intention or meaninghas been e"pressed in such a way as to give it legaleffect and validity.

The duty and power to interpret or construe astatute or the Constitution belongs to the

"udiciary. The SC construes the applicable law in

controversies which are ripe for "udicialresolution.

The court does not interpret law in a vacuum. The legislature has no power to overrule the

interpretation or construction of a statute or theConstitution by the Supreme Court, forinterpretation is a "udicial function assigned tothe latter by the fundamental law.

The SC may, in an appropriate case, change oroverrule its previous construction.

# condition sine qua non before the court mayconstrue or interpret a statute, is that there be doubtor ambiguity in its language. $he province of

construction lies wholly within the domain ofambiguity. Where there is no ambiguity in the wordsof a statute, there is no room for construction.

A statute is ambiguous when it is capable ofbeing understood by reasonably well#informedpersons in either of two senses.

!here the law is free from ambiguity, the courtmay not introduce exceptions or conditionswhere none is provided.

A meaning that does not appear nor is intendedor reflected in the very language of the statutecannot be placed therein be construction.

!here the two statutes that apply to a particularcase, that which was specifically designed forthe said case must prevail over the other.

!hen the SC has laid down a principle of lawas applicable to a certain state of facts, it willadhere to that principle and apply it to all futurecases where the facts are substantially thesame.

$udicial rulings have no retroactive effect. The court may issue guidelines in applying the

statute, not to enlarge or restrict it but to clearlydelineate what the law re%uires. This is not

"udicial legislation but an act to define what thelaw is.

Limitations on power to construeCourts may not enlarge nor restrict statutes.Courts may not be influenced by %uestions ofwisdom.

#I%S $& C&'S$R(C$I&'To ascertain the true intent of the statute, the court may

avail of intrinsic aids , or those found in the printed pageof the statute, and extrinsic aids , those extraneous factsand circumstances outside the printed page.

&. TitleThe title may indicate the legislative extentor restrict the scope of the law, and astatute couched in a language of doubtfulimport will be construed to conform to thelegislative intent as disclosed in its title.!hen the text of the statute is clear andfree form doubt, it is improper to resort toits title to ma e it obscure.

'. PreambleThat part of the statute written immediatelyafter its title, which states the purpose,reason or "ustification for the enactment ofa law. (t is usually expressed in the form of)whereas* clauses.(t is not an essential part of the statute. +utit may, when the statute is ambiguous, beresorted to clarify the ambiguity, as a ey toopen the minds of the lawma ers as to thepurpose of the statute.


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. Context of the whole text The best source from which to ascertainthe legislative intent is the statute itself -the words, the phrases, the sentences,sections, clauses, provisions - ta en as awhole and in relation to one another.

. Punctuation mar s

Punctuation mar s are aids of low degree/they are not parts of the statute nor the0nglish language.!here there is, however, an ambiguity in astatute which may be partially or whollysolved by a punctuation mar , it may beconsidered in the construction of a statute.

1. Capitali2ation of letters An aid of low degree in the construction ofstatutes.

3. 4eadnotes or epigraphsThese are convenient index to the contentsof the provisions of a statute/ they may beconsulted in case of doubt in interpretation.They are not entitled to much weight.

5. 6ingual text 7nless otherwise provided, where a statuteis officially promulgated in 0nglish andSpanish, the 0nglish text shall govern, butin case of ambiguity, omission or mista e,the Spanish may be consulted to explainthe 0nglish text.The language in which a statute is writtenprevails over its translation.

8. (ntent or spirit of law6egislative intent or spirit is the controllingfactor, the influence most dominant if astatute needs construction.The intent of the law is that which isexpressed in the words thereof, discoveredin the four corners of the law and aided ifnecessary by its legislative history.

9. Policy of law A statute of doubtful meaning must begiven a construction that will promotepublic policy.

& . Purpose of law or mischief to be suppressedThe purpose or ob"ect of the law or themischief intended to be suppressed areimportant factors to be considered in itsconstruction.

&&. ;ictionaries!hile definitions given by lexicographersare not binding, courts have adopted, inproper cases, such definitions to support

their conclusion as to the meaning of theparticular words used in a statute.

&'. Conse%uences of various constructionsConstruction of a statute should be re"ectedif it will cause in"ustice, result in absurdityor defeat the legislative intent.

& . Presumptions+ased on logic, common sense/ eg.Presumption of constitutionality,completeness, prospective application,right and "ustice, etc.

L)*ISL#$I+) IS$&R-!here a statute is susceptible of several interpretations,there is no better means of ascertaining the will andintention of the legislature than that which is afforded bythe history of the statute. The history of a statute refersto all its antecedents from its inception until itsenactment into law.

&. President


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5. Amendment by deletionThe amendment statute should be given aconstruction different from that previous toits amendment.

8. Adopted statutes!here local statutes are patterned after or

copied from those of another country, thedecisions of courts in such countryconstruing those laws are entitled to greatweight in the interpretation of such localstatutes.

9. Principles of common lawCourts may properly resort to common lawprinciples in construing doubtful provisionsof a statute, particularly where such astatute is modeled upon Anglo#Americanprecedents.

& . Conditions at the time of the enactment (t is proper, in the interpretation of astatute, to consider the physical conditionsof the country and the circumstances thenobtaining which must of necessity affect itsoperation in order to understand the intentof the statute.

&&. 4istory of the timesThe history of the times out of which thelaw grew and to which it may be rationallysupposed to bear some direct relationship.

C&'$)M &R#R- C&'S$R(C$I&'The constructions placed upon statutes at thetime of, or after, their enactment by theexecutive, legislature or "udicial authorities, aswell as those who, because of their involvementin the process of legislation, are nowledgeableof the intent and purpose of the law, such asdraftsmen and bill sponsors.The contemporary construction is the strongestin law.

&. Construction by an executive or administrativeofficer directly called to implement the law >ay be express - interpretation embodied

in a circular, directive or regulation.

>ay be implied - a practice or mode ofenforcement of not applying the statute tocertain situations or of applying it in aparticular manner/ interpretation by usageor practice.

'. Construction by the Sec. of $ustice as hiscapacity as the chief legal adviser of thegovernment (n the form of opinions issued upon re%uest

of administrative or executive officials whoenforce the law.

President or 0xecutive Secretary has thepower to modify or alter or reverse theconstruction given by a departmentsecretary.

. (nterpretation handed down in an adversaryproceeding in the form of a ruling by anexecutive officer exercising %uasi#"udicial power Such rulings need not have the detachment

of a "udicial, or semi#"udicial decision, andmay properly carry basis.

$he contemporaneous construction is very probablythe true e"pression of the legislative purpose,especially if the construction is followed for aconsiderable period of time. It is thus entitled togreat weight and respect by the courts in theinterpretation of the ambiguous provisions of law,and unless it is shown to be clearly erroneous, it willcontrol the interpretation of statutes by the courts.

The best interpreter of law is usage.(nterpretation by those charged with theirenforcement is entitled to great weight by thecourts.Contemporaneous construction is entitled togreat weight because it comes from a particularbranch of government called upon to implementthe laws thus construed.=espect is due the government agency orofficials charged with the implementation of thelaw for their competence, expertness,experience and informed "udgment, and the factthat they are fre%uently the drafters of the lawthey interpret.

$he court may disregard contemporaneousconstruction when there is no ambiguity in the law,where the construction is clearly erroneous, wherestrong reason to the contrary e"ists, and where thecourt has previously given the statute a differentinterpretation.

(f through the misapprehension of the law anexecutive or administrative officer called uponto implement it has erroneously applied andexecuted it, the error may be corrected whenthe true construction is ascertained.0rroneous contemporaneous constructioncreates no vested right on the part of those whorelied upon, and followed such construction.The rule is not absolute and admits exceptionsin the interest of "ustice and fair play.

Legislative interpretation6egislative interpretation of a statute is notcontrolling, but the courts may resort to it toclarify ambiguity in the language thereof.

Legislative approvalThe legislature is presumed to have full

nowledge of a contemporaneous or practical


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construction of a statute. 6egislative ratificationis e%uivalent to a mandate.

ReenactmentThe most common act of legislative approval/the reenactment of a statute, previously given acontemporaneous construction, is a persuasiveindication of the adaptation by the legislature of

the prior construction.

Stare %ecisisThe decision of the SC applying or interpretinga statute is controlling with respect to theinterpretation of that statute and is of greaterweight than that of an executive oradministrative officer in the construction ofother statutes of similar import.Past decisions of the court must be followed inthe ad"udication of cases: Stare decisis et nonquieta movere , one should follow pastprecedents and should not disturb what hasbeen settled.!here the court resolved a %uestion merelysub silencio, its decision does not come withinthe maxim of stare decisis?or does an opinion expressed by the way, notup to the point in the issue, fall within themaxim/ it is merely an obiter dictumo An obiter dictum is an opinion expressed

by a court upon some %uestion of lawwhich is not necessary to the decision ofthe case before it. (t is a remar , )by theway*/ it is not binding as a precedent.

The rule of stare decisis is not absolute. (ffound contrary to law, it must be abandoned.

LI$)R#L I'$)R R)$#$I&'(f a statute is clear, plain and free from ambiguity, itmust be given its literal meaning and applied withoutattempted interpretation. Verba legis non estrecedendum , from the words of a statute there shouldbe no departure .

%ura le" sed le"The law is harsh, but it is still the law. (t must beapplied regardless of who may be affected,even if it may be harsh or onerous.!hen the language of the law is clear, noexplanation of it is re%uired.

%) #R$(R) R&M LI$)R#L I'$)R R)$#$I&'Statutes must be capable of construction orinterpretation. (f no "udicial certainty can be had as to itsmeaning, the court is not at liberty to supply nor to ma eone.

What is within the spirit is within the law!hen what the legislature had in mind is notaccurately reflected in the language of thestatute, 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 intentThe intention of the legislature and its purposeor ob"ect controls the interpretation of particularlanguage of a statute.!ords ought to be more subservient to the

intent and not the intent to the words.

Construction to accomplish purposeStatutes should be construed in the light of theob"ect to be achieved and the evil or mischief tobe suppressed, and they should be givenconstruction as will advance the ob"ect,suppress the mischief, and secure the benefitsintended.

When reason of law ceases, law itself ceases=eason for the law is the heart of the law.!hen the reason of the law ceases, the lawitself ceases. The reason of the law is its soul.

Supplying legislative omission!here a literal import of the language of thestatute shows that words have been omittedthat should have been in the statute in order tocarry out its intent and spirit, clearlyascertainable from its context, the courts maysupply the omission to ma e the statuteconform to the obvious intent of the legislatureor to prevent the act from being absurd.

Correcting clerical errors(n order to carry out the intent of the legislature,the court may correct clerical errors, which,uncorrected, would render the statutemeaningless.

Construction to avoid absurdityCourts are not to give a statute a meaning thatwould lead to absurdities. !here there isambiguity, such interpretation as will avoidinconvenience and absurdity is to be adopted.

Constructing to avoid in/usticePresumed that undesirable conse%uences werenever intended as a legislative measure/ thatinterpretation is to be adopted which is freefrom evil or in"ustice.

Construction to avoid danger to public interest!here great inconvenience will result, or greatpublic interest will be endangered or sacrificed,or great mischief done, from a particularconstruction of the statute, such constructionshould be avoided.

Construction in favor of right and /ustice(n case of doubt in the interpretation andapplication of the law, it is presumed that the


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lawma ing body intended right and "ustice toprevail.The fact that the statute is silent, obscure orinsufficient with respect to a %uestion before acourt will not "ustify the latter from declining

"udgment. That one is perceived to tip thescales which the court believes will bestpromote the public welfare in its probable

operation.

Surplusage and superfluity disregardedThe statute should be construed in accordancewith the evident intent of the legislature withoutregard to the re"ected word, phrase or clause.

Redundant words may be re/ected!hile the general rule is that every effort shouldbe made to give some meaning to every part ofthe statute, there is no obligation to give everyredundant word or phrase a specialsignificance, contrary to the manifest intentionof the legislature.

&bscure or missing words or false description maynot preclude construction

?either does false description neither precludeconstruction nor vitiate the meaning of a statutewhich is otherwise unclear.

)"emption from rigid application of the law0very rule is not without an exception. !hererigorous application may lead to in"ustice, thegeneral rule should yield to occasionalexceptions.

Law does not re0uire the impossibleThe law obliges no one to perform animpossible thing.

'umber and gender &. !hen the context of the statute indicates,

words in plural include the singular, vice versa.'. The masculine but not the feminine includes all

genders, unless the context indicatesotherwise.

IM LIC#$I&'S?o statute can be enacted that can provide all thedetails involved in its application. !hat is implied in astatute is as much a part thereof as that which isexpressed.

*rant of /urisdictionThe "urisdiction to hear and decide cases is conferredonly by the Constitution or by statute. The grant of

"urisdiction to try actions carries with it all necessary andincidental powers to employ all writs, processes andother means essential to ma e its "urisdiction effective.

*rant of power includes incidental power

!here a general power is conferred or duty en"oined,every particular power necessary for the exercise of oneof the performance of the other is also conferred.

*rant of power e"cludes greater power The foregoing principle implies the exclusion of thosewhich are greater than conferred.

What is implied should not be against the lawThe statutory grant of power does not include suchincidental power which cannot be exercised withoutviolating the Constitution, the statute granting power, orother laws of the same sub"ect.

#uthority to charge against public funds may not beimplied7nless a statute expressly so authori2es, no claimagainst public finds may be allowed.

Illegality of act implied from prohibition!here a statute prohibits the doing of an act, the actdone in violation thereof is by implication null and void.

?o man can be allowed to found a claim upon his ownwrongdoing or ine%uity. ?o man should be allowed tota e advantage of his own wrong. In Pari Delicto

)"ceptions to In ari %elicto&. (t will not apply when its enforcement or

application will violate an avowed fundamentalpolicy or public interest

'. !hen the transaction is not illegal per se butmerely prohibited, and the prohibition by law isdesigned for the protection of one party

What cannot be done directly cannot be doneindirectly

!hat the law prohibits cannot, in some other way, belegally accomplished.

$here should be no penalty for compliance with law A person who complies with a statute cannot, byimplication, be penali2ed by it.

I'$)R R)$#$I&' & W&R%S!hich meaning should be given to a word or phrase in astatute 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 itsordinary or usual sense.

!hen the term pr phrase is specifically definedin a particular law, the definition must beadopted in applying and enforecing such law.

!hile definitions in a statute must be given allthe weight due them, the terms must be giveneffect in their entiretyas a harmonious,coordinated whole.

Statutory definitions are controlling in so far asthe said act is concerned.


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A statutory definition does not apply where itsapplication creates incongruities.

Words construed in their ordinary sense(n the absence of legislative intent to the contrary, theyshould be given their plain, ordinary and common usagemeanings.

*eneral words construed generally A word of general significance in a statute is to

be ta en in its ordinary and comprehensivesense, unless the word is intended to be givena different or restricted meaning.

@eneral words shall be understood in thegeneral sense

The general must prevail over the restrictedunless the nature and the context indicates thatthe limited sense is intended

*eneric term includes things that arise thereafter Progressive interpretation - extends by

construction the application of a statute to allsub"ects or conditions within its generalpurpose or scope that come into existencesubse%uent to its passage/ eeps legislationfrom becoming ephemeral and transitory

Words with commercial or trade meaning!ords and phrases which are in common use amongtraders and merchants, ac%uire trade or commercialmeanings which are generally accepted in thecommunity in which they have been in common use. (nabsence of intent to contrary, trade and commercialterms in a statute are presumed to have been used intheir trade and commercial sense.

Words with technical or legal meaningShould be interpreted according to the sense in whichthey have been previously used, although the sensemay vary from the strict or literal meaning of the words.

ow identical terms in the same statute areconstrued

A word or phrase repeatedly used will bear the samemeaning throughout the statute/ presumed to be used inthe same sense throughout the law.

Meaning of word 0ualified by purpose of statuteThe meaning of a word may be %ualified by the purposewhich induced the legislature to enact the statute.

Words or phrases construed in relation to otherprovisions

A word or phrase should not be construed in isolationbut must be interpreted in relation to other provisions oflaw/ construed as a whole, each provision given effect.

Meaning of term dictated by conte"tThe context in which the word or term is employed maydictate a different sense. A word is to be understood inthe context in which it is used.

Where the law does not distinguish?either should the court

%is/unctive and con/unctive words = is a dis"unctive term signifying

disassociation and independence of one thingfrom each of the other things enumerated

A?; is a con"unction meaning )together with*)"oined with* )added to*, )lin ed to*

The term A?;B = means that effect shall begiven to both con"unctive and dis"unctive

#SS&CI#$)% W&R%SNoscitur) !here a particular word or phrase is

ambiguous in itself or is e%ually susceptible ofvarious meanings, its correct construction maybe made clear and specific by considering thecompany of words in which it is found and inwhich it is associated.

o !here the law does not define aword used therein, it will beconstrued as having a meaningsimilar to that of words associatedwith or accompanied by it.

o !here most of the words in anenumeration are used in theirgeneric sense, the rest of thewords should be so similarlyconstrued.

!usdem D !hile general words or expressionsin a statute are accorded their full, natural andgeneric sense, they will not be given suchmeaning if they are used in association with

specific words or phrases.o !here a statute describes things

of particular class or indaccompanied by words of ageneric character, the genericwords will usually be limited tothings of a indred nature withthose particularly enumerated,unless there be something in thecontext of the statute to repel suchinference.

o "imitations :&. A statute contains an

enumeration of particular

and specific words,followed by a generalword or phrase

'. The particular and specificwords constitute a classor are of the same ind

. The enumeration of aparticular and specificwords is not exhaustive oris not merely by example

. There is no indication oflegislative intent to give


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the general words orphrases a broadermeaning

xpressio D The express mention of oneperson, thing or conse%uence implies theexclusion of all others. 6imitation: not applicableif there is some special reason for mentioningone thing and none for mentioning anotherwhich is otherwise within the statute, so that theabsence of any mention of such will not excludeit. Also, must be disregarded if :

o (t will cause inconvenienceo !here the legislative intent shows that

the enumeration is not exclusive

Negative#$pposite D !hat is expressed puts anend to what is implied.

%ausus D A person, ob"ect or thing omitted froman enumeration must be held to have been

omitted intentionally. ?6E when the omissionhas been clearly established.o ;oes not apply where it is shown that

the legislature did not intend to excludethe person, thing or ob"ect from theenumeration.

"ast &ntecedent D Fualifying words restrict ormodify only the words or phrases to which theyare immediately associated, and not those towhich they are distantly or remotely associated.

o ;oes not apply when the intention isnot to %ualify the antecedent at all

Reddendo D Antecedents and conse%uencesshould be read distributive to the effect thateach word is to be applied to the sub"ect towhich it appears by context most appropriatelyrelated and most applicable.

R&+IS&(ts office is to limit the application of the enacting clause,section or provision of a statute/ introduced by the word)Provided *

(t may enlarge the scope of the law (t may assume the role of an additional

legislation

(t modifies only the phrase immediatelypreceding it or restrains or limit the generality ofthe clause following it

(t should be construed to harmoni2e, and not torepeal or destroy the main provision of thestatute

xception introduced by )except*, )unlessotherwise* and )shall not apply* is a clausewhich exempts something from the operation ofa statute by express words.

o An exception exempts somethingabsolutely from the operation of a

statute/ a proviso defeats its operationconditionally.

o An exception ta es out of the statutesomething that otherwise would be apart of the sub"ect matter of it. Aproviso avoids them by way of anexcuse.

o ne of the functions of a proviso is to

except something from an enactingclause. (n this sense is it similar withexception.

S#+I'* CL#(S) A clause in the provision of law which operates toexcept from the effect of law what the clause provides,or to save something which would otherwise be lost.>ust be construed in the light of the legislative intent.

S$#$($)S C&'S$R()% #S # W &L) A statute is passed as a whole and not in parts orsections and is animated by one general purpose andintent.

The intent or the meaning of the statute shouldbe ascertained from the statute ta es as awhole.Statutes must receive a reasonableconstruction, reference being had to theircontrolling purpose.

ne part is as important as the other.!here a statute is susceptible of more than oneinterpretation, the court should adopt suchreasonable and beneficial construction as willrender the provision operative and harmonious.Constructions that would render it inoperativemust be avoided/ must be reconciled, partsmust be a coordinated and harmonious whole.Conflicting provisions should be reconciled andharmoni2ed/ they must be reconciled instead ofdeclaring them invalid.

Where there is a particular or special provision anda general provision in the same statute and thelatter in its most comprehensive sense wouldoverrule the former, the particular or specialprovision must be ta1en to affect only the otherparts of the statute to which it may properly apply.

A law should be interpreted with a view toupholding it rather than destroying it.

All laws are presumed to be consistent with

each other.(f provisions cannot be reconciled despiteefforts, the courts should choose one that willbest effectuate the legislative intent.The interpretation that will give the thingefficacy is to be adopted/ legislative did not doa vain thing in its enactment.Construction should avoid surplusage.

Statutes must be construed in harmony with theConstitution.


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Statutes in pari materia 2relating to the samespecific sub/ect matter3 must be construed togetherto attain national policy.

6egislature is presumed to be aware of priorlaw.

Where there are two acts, one of which is specialand particular and the other general which, if

standing alone, would include the same sub/ectmatter and thus conflicting with the special act, thespecial must prevail since it evinces the legislativeintent more clearly than that of a general statute andmust be ta1en as intended to constitute ane"ception to the general rule. A special law isconsidered an exception to the general law on the samesub"ect/ the legislature is passing a law of specialcharacter has its attention directed to the special factsand circumstances which the special act is intended tomeet.

Reference statutes=efers to other statutes and ma es them applicable to

the sub"ect of legislation.

Supplemental statutes(ntended to supply deficiencies in an existing statuteand to add, complete or extend the statute withoutchanging or modifying its original text.

Reenacted statutesne in which the provisions of an earlier statute are

reproduced in the same or substantially the samewords.

In construing reenacted statutes, court should ta1einto account prior contemporaneous construction .

#dopted statutesStatute patterned after, or copied from a statute of aforeign country.

S$RIC$ C&'S$R(C$I&'Construction according to the letter/ scope of statute isnot extended or enlarged.

&. Penal statutes'. Statutes in derogation of rights

. Statutes authori2ing expropriations

. Statutes granting privileges1. 6egislative grants to local government units3. Statutory grounds for removing officials

5. ?aturali2ation laws8. Statutes imposing taxes and custom duties9. Statutes granting tax exemptions& . Statutes concerning the sovereign&&. Statutes authori2ing suits against the

government&'. Statutes prescribing formalities of will& . 0xceptions and provisos

LI4)R#L C&'S$R(C$I&'

@iving a liberal interpretation to save from obliteration/reading into its something which its clear and plainlanguage re"ects.

&. @eneral social legislation'. @eneral welfare clause

. @rant of power to local governments

. Statutes granting taxing power 1. Statutes prescribing prescriptive period to

collect taxes3. Statutes imposing penalties for nonpayment oftaxes

5. 0lection laws8. Amnesty proclamations9. Statutes prescribing prescriptions of crimes& . Adoption statutes&&. Geteran and pension laws&'. =ules of Court& . ther statutes

o Curative statuteso =edemption lawso (nstruments of credito Probation law

M#'%#$&R- S$#$($)S A statute which commands either positively thatsomething be done, or performed in a particular way, ornegatively that something not be done, leaving theperson concerned no choice on the matter except toobey. Contains words of command or prohibition. 7ses:shall, must, ought, should/ prohibitions such as cannot,shall not, ought not

&. Statutes conferring power '. Statutes granting benefits

. Statutes prescribing "urisdictional re%uirements

. Statutes prescribing time to ta e action orappeal

1. Statutes prescribing procedural re%uirements3. 0lection laws on conduct of election5. 0lection laws on %ualification and

dis%ualification8. Statutes prescribing %ualifications for office9. Statutes relating to assessment of taxes& . Statutes concerning public auction sale

%IR)C$&R- S$#$($)SPermissive or discretionary in nature and merelyoutlines the act to be done in such a way that no in"urycan result from ignoring it or that its purpose can beaccomplished in a manner other than that prescribedand substantially the same result obtained. 7ses: may

&. Statutes prescribing guidance for officers'. Statutes prescribing manner of "udicial action

. Statutes re%uiring rendition of decisions withinprescribed period

Statutes are to be construed as having onlyprospective application, unless the intendment ofthe legislature to give them a retroactive effect ise"pressly declared or is necessarily implied fromthe language used. resumption is prospectivity.


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Prospectivity wordsB in 'uturo : hereafter,thereafter, shall have been made, from andafter, shall ta e effect upon its approval

$he Constitution does not prohibit the enactment ofretroactive statutes which do not impair theobligation of contracts, deprive persons of propertywithout due process of law, or divest rights thathave become vested, or which are not in the natureof ex post facto laws.

R&S )C$I+) S$#$($)Sperates upon facts or transactions that occur after the

statute ta es effect, one that loo s and applies to thefuture.

&. Penal statutes, generally'. 0x post facto law

. +ill of attainder

. Statutes substantive in nature1. Statutes affecting vested rights3. Statutes affecting obligations of contracts5. =epealing an amendatory acts

R)$RC$I+) S$#$($)SCreates a new obligation, imposes a new duty orattaches a new disability in respect to a transactionalready past.

&. Procedural laws'. Curative statutes

. Police power legislations

. Statutes relating to prescription1. Statutes relating to appeals

#M)'%M)'$Change or modification by addition or deletion, oralteration of a statute which survives in its amendedform.

R)+ISI&'Purpose is to restate existing laws into one statutes,simplify complicated provisions, and ma e the laws onthe sub"ect easily found.

R) )#L A statute repealed is rendered revo ed completely

Ruben Agpalo Staututory Construction Summary

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Transcript of Ruben Agpalo Staututory Construction Summary