Construction

The art or process of discovering and

expounding the meaning and intention of
the authors of law, where that intention
is rendered doubtful by reason of the
ambiguity in its language or the fact that the
given case is not explicitly provided for in the
law.

in such a way as to give it legal effect and

validity.

Purpose
To ascertain and give effect to the intent of the
law, to determine legislative intent.

Rules of Statutory Construction

These are tools used to ascertain
legislative intent. They are not rules but
mere axioms of experience.

Legislative Intent

The essence of the law. The intent of

the legislature is the law, and the key
to, and the controlling factor in, its
construction and interpretation
The primary source of legislative
intent is the statute itself.

Where the
words or
phrases of
a statute are
n o t o b s c u r e o r ambiguous, its meaning
and the intention of the legislature must be
determined from the language employed.
Legislative Purpose

The reason
why a particular statute was
e n a c t e d b y t h e legislature.

A condition s i n e q u a n o n b e f o r e t h e
court
may construe or interpret
a statute, is that there be doubt o
r ambiguity
in its
language.
The province of construction
lies wholly within the
domain
of
ambiguity. Where there is no ambiguity in the
words of a statute, there is no room for
construction.

Legislative Meaning

What the law, by its language,

means:
what it
comprehends,
what it covers or embraces, what
it limits or confines.

In construing a statute, it is not enough to

ascertain the intention or meaning of the
statute; it is also necessary to see whether
the intention or meaning has been expressed

The duty and power to interpret

or construe a statute or the
Constitution belongs to the judiciary.
The SC construes the applicable
law in controversies which are ripe
for judicial resolution.
The court does not interpret law in a
vacuum.
The legislature has no power to
overrule
the
interpretation
or construction of a statute or the
Constitution by the Supreme Court, for
interpretation is a judicial function
assigned to the latter by the
fundamental law.
The SC may, in an appropriate
case, change or overrule its
previous construction.

A statute is ambiguous when it is

capable of being understood by
reasonably well-informed persons in
either of two senses.
Where the
l a w i s f r e e f r o m a m b i g u i t y, t h
e
court
may not
introduce
exceptions or conditions where none
is provided
A meaning that does not appear nor is
intended or reflected in the very
language of the statute cannot be
placed therein be construction.
Where the two statutes that
applies to a particular case,
thatw h i c h w a s s p e c i f i c a l l y d e s
igned for the said case must
prevail over the other.
When the SC has laid down a principle
of law as applicable to a certain
state of facts, it will adhere to

that principle and apply it to all

future cases where the facts are
substantially the same.
Judicial rulings have no retroactive
effect.
The court may issue guidelines in
applying the statute, not to enlarge
or restrict it but to clearly
delineate what the law requires.
This is not judicial legislation but
an act to define what the law is.

expressed in the form of whereas

clauses.

It is not an essential part of the

statute. But it may, when the
statute is ambiguous, be resorted
to clarify t h e a m b i g u i t y, a s
a key
to open the
minds of
t h e lawmakers as to the purpose
of the statute.3.

Limitations on power to construe

Courts may not enlarge nor restrict

statutes.
Courts may not be influenced
by questions of wisdom.

AIDS TO CONSTRUCTION
To a s c e r t a i n t h e t r u e i n t e n t o f t h e
statute, the court may avail of
Intrinsic aids, or those found in
printed page of the statute, and

Context of the whole text

Punctuation marks

the

Extrinsic aids, those extraneous facts and

circumstances outside the printed page.

Title

Punctuation marks are aids of low

degree; they are not parts of the
statute or the English language.
Where there is, however, an
ambiguity in a statute which may
be partially or wholly solved by a
punctuation
mark,
it
may
be
considered in the construction of a
statute.

Capitalization of letters
The
title
may
indicate
the
legislative extent or restrict t h e
scope of
t h e l a w, a n d
a s t a t u t e c o u c h e d i n a language
of doubtful import will be construed to
conform to the legislative intent as
disclosed in its title.
When the text of the statute
is clear and free form doubt,
it is improper to resort to its
t i t l e t o m a k e i t obscure.

Preamble

The best source from which to

ascertain the legislative intent is the
statute itself the words, the phrases,
the sentences, sections, clauses,
provisions taken as a whole and in
relation to one another.

That part of the statute written

immediately after its title, which states
the purpose, reason or justification for
the enactment of a law. It is usually

An aid of low degree

construction of statutes.

in

the

Head notes or epigraphs

These are
convenient index to the
c o n t e n t s o f t h e provisions of a
statute; they may be consulted in case
of doubt in interpretation.
They are not entitled to much weight.

Lingual text

Unless otherwise provided, where a

statute is officially promulgated in
English and Spanish, the English

text
shall govern, but in case of a
m b i g u i t y, o m i s s i o n o r mistake,
the Spanish may be consulted to
explain the English text.
The language in which a statute is
written prevails over its translation.

Intent or spirit of law

Legislative intent or spirit is the

controlling factor, the influence
most
dominant
if
a
statute
needs construction.
The intent of the law is that
which is expressed in the words
thereof, discovered in the four corners
of the law and aided if necessary by its
legislative history.

Policy of law

LEGISLATIVE HISTORY
Where a statute is
susceptible of several
interpretations, there is no better
means of ascertaining the will and
intention of the legislature than that
which is afforded by the history of the
statute. The history of a statute refers to all
its antecedents from its inception until its
enactment into law.
Presidents message to the legislature

A statute of doubtful meaning must be

given a construction that will promote
public policy.

Purpose of law or mischief to be suppressed

of constitutionality, completeness,
prospective application, right and
justice, etc.

The purpose or object of t

h e l a w o r t h e m i s c h i e f inte
nded to be suppressed are important
factors to be considered in its
construction.

Explanatory note

Dictionaries

While definitions given

by lexicographers are nonbinding,
courts have adopted,
in proper cases, such definitions to
support their conclusion as to the
meaning of the particular words used in
a statute.

Construction of a statute should

be rejected if it will cause
injustice, result in absurdity or defeat
the legislative intent.

Presumptions

Based on logic, common sense;

e.g. Presumption

A short exposition of explanation

accompanying
aproposed l e g i s l a t i o n b y i t s a u t
h o r o r p r o p o n e n t . I t contains
statements of the reason or purpose of
the bill, as well as arguments advanced
by its author in urging its passage.

Legislative debates, views and deliberations

Consequences of various constructions

This usually contains proposed leg

islative measures and indicates the
Presidents thinking on the proposed
legislation which, when enacted into
law, follows his line of thinking into
the matter.

Where there is doubt as to what a

provision of a statute means, that
meaning which was put to the
provision during the legislative
deliberation or discussion on the bill
may be adopted.

Reports of commissions

In construing the provisions of the code

as thus enacted, courts may properly
refer to the reports of the commission
that drafted the code in aid of
clarifying ambiguities therein.

Prior laws from which the statute is based

Legislative history will clarify the

intent of the law or shed light on
the meaning and scope of the codified
or revised statute.

Change in phraseology by amendments

Courts may investigate the history of

the provisions to ascertain legislative
intent as to the meaning and scope of
the amended law.

The constructions placed upon statutes

at the time of, or
after,t h e i r e n a c t m e n t b y t h e e
xecutive, legislature or judic
i a l authorities, as well as those
who, because of their involvement in
the process of legislation, are
knowledge able of the intent and
purpose of the law, such as draftsmen
and bill sponsors.
The contemporary construction is the
strongest in law.

Amendment by deletion

The amendment statute should be

given a construction different from that
previous to its amendment.

Construction by an executive or
administrative officer directly called to
implement the law

May be express interpretation

embodied in a circular, directive or
regulation.

May be implied a practice or mode of

enforcement
of n o t a p p l y i n g t h e s t a t u t e t o
c e r t a i n s i t u a t i o n s o r o f applyi
ng it in a particular manner;
interpretation by usage or practice.

Adopted statutes
Where local statutes are patterned
after or copied from those of another
country, the decisions of courts in such
country construing those laws
a r e e n t i t l e d t o g r e a t weight in
the interpretation of such local
statutes.
Principles of common law

Courts may properly resort to common

law principles in construing doubtful
provisions of a statute, particularly
where such a statute is modeled upon
Anglo-American precedents.

Construction by the Sec. of Justice as his

capacity as the chief legal adviser of the
government

In the form of opinions issued upon

request of administrative
or executive officials
who enforce the law.

Conditions at the time of the enactment

It is proper, in the interpretation of a

statute, to consider the physical
conditions of the country and the
circumstances then obtaining which
must of necessity affect its operation in
order to understand the intent of the
statute.

History of the times

The history of the times out of which

the law grew and to which it may be
rationally supposed to bear some
direct relationship.

CONTEMPORARY CONSTRUCTION

President or Executive Secretary

has the power to modify or alter
or reverse the construction given
by a department secretary.
Interpretation handed down in an
adversary proceeding in the form of a
ruling by an executive officer exercising
quasi-judicial power

Such rulings need not have

the detachment of a
judicial or semi-judicial decision,
and may properly carry basis.

The contemporaneous construction

is very probably the true expression of

the legislative purpose, especially if the

construction is followed for a
considerable period of time. It is thus
entitled to great weight and respect by
the courts in the interpretation of the
ambiguous provisions of law, and unless it is
shown to be clearly erroneous, it will control
the interpretation of statutes by the courts.

The best interpreter of law is usage.

Interpretation by those charged

with their enforcement is entitled
to great weight by the courts.

Contemporaneous construction is
entitled to great weight because it
comes from a particular branch of
government called upon to
implement the laws thus construed.
Respect is due the government
agency or officials charged with
the implementation of the law for
their competence, expertness,
experience and informed judgment,
and the fact that they are frequently
the drafters of the law they interpret.

Legislative approval

If through the misapprehension

of the law an
executive or administrative officer
called upon to implement it has
erroneously applied and exec
uted it, the error may be
corrected when the true construction is
ascertained.
Erroneous contemporaneous
construction creates no vested right on
the part of those who relied upon, and
followed such construction. The rule is
not absolute and admits exceptions in
the interest of justice and fair play.

Legislative interpretation

The legislature
is presumed to have full know
ledge of a
contemporaneous or practical
construction of a statute.
Legislative ratification is equivalent to
a mandate.

Reenactment

The most common act of legislative

approval; there enactment of a
statute, previously given a
contemporaneousconstruction, is a
persuasive indication of the adaptation
byte legislature of the
prior construction.

Stare Decisis

The decision of the SC applying or

interpreting a statute is
controlling with respect to the
interpretation of that statute
and is of greater weight t
han that of an executive o
r administrative officer in the
construction of other statutes of similar
import.

Past decisions of the court must be

followed in the adjudication of cases:
Stare decisis et non quieta
movere, one should follow past
precedents and should not disturb
what has been settled.

The court may

disregard contemporaneous constructio
n when there is no ambiguity in the law,
where the construction is clearly erroneous,
where strong reason to the contrary exists,
and where the court has previously given the
statute a different interpretation.

Legislative interpretation of a statute is

not controlling, but the courts may
resort to it to clarify ambiguity in
the language thereof.

Where the court resolved a

question merely sub silencio, its
decision does not come within
the maxim of stare decisis

Nor does an opinion expressed by the

way, not up to the point in the issue,
fall within the maxim; it is
merely an Obiter dictum.

An Obiter dictum is an opinion

expressed by a court upon some
question of law which is not necessary
to the decision of the case before it. It is a
remark, by the way; it is not binding as a
precedent.

The rule of stare decisis is not

absolute. If found contrary to law,
it must be abandoned.

LITERAL INTERPRETATION

The intention of the legislatu

re and its purpose or objectc
ontrols the interpretation of particular
language of a statute.

Words ought to be more subservient to

the intent and not the intent to the
words.

Construction to accomplish purpose

If a statute is clear, plain and free from

ambiguity, it must be given its
literal meaning and applied without att
empted interpretation. Verbalegis non est
recedendum, from the words of a statute
there should be no departure.
Dura lex sed lex

The law is harsh, but it is

s t i l l t h e l a w. I t m u s t b e
a p p l i e d regardless of who may be
affected, even if it may be harsh or
onerous.
When the language of the law is
clear, no explanation of it is
required.

When reason of law ceases, law itself ceases

Statutes must be capable of construction or

interpretation. If no judicial certainty can
be had as to its meaning, the court is
not at liberty to supply nor to make one.

When what the legislature ha

d in mind is not accurately
reflected in the language of the
statute, resort is had to the principle
that the spirit of the law controls
its letter. Ratio legis, interpretation
according to the spirit of the law.

Literal import must yield to intent

Reason for the law is the heart of the

law. When the reason of the law
ceases, the law itself ceases. The
reason of the law is its soul.

Supplying legislative omission

DEPARTURE FROM LITERAL

INTERPRETATION

What is within the spirit is within the law

Statutes should be construed in

the light of the object to be
achieved and the evil or mischief to be
suppressed, and they
should be given construction as
will advance the object, suppress
the mischief, and secure the benefits
intended.

Where a literal import of the language

of the statute shows that
words have been omitted that
should have been in the
statute in order to carry out
its intent and spirit, clearly
ascertainable from its context,
the courts may supply the omission
to make the statute conform to
the obvious intent of the legislature or
to prevent the act from being absurd.

Correcting clerical errors

In order to carry out the intent of the

legislature, the court may correct
clerical errors, which, uncorrected,
would render the statute meaningless.

Construction to avoid absurdity

Courts are not to give a statute a

meaning that would lead to absurdities.
Where there is ambiguity, such
interpretation as will avoid

inconvenience and absurdity is to be

adopted.
Constructing to avoid injustice

Presumed that undesirable

consequences were never intended as a
legislative measure; that interpretation
is to be adopted which is free from evil
or injustice.

Construction to avoid danger to public

interest

special significance, contrary to the

manifest intention of the legislature.
Obscure or missing words or false description
may not preclude construction

Exemption from rigid application of the law

Where great inconvenience will result,

or great public interest will
be endangered or sacrificed,
or great mischief done, from a
particular construction of the
statute, such construction should be
avoided.

In case of doubt in the interpretation

and application of the law, it is
presumed that the lawmaking
body intended right and justice to
prevail.
The fact that the statute
is silent, obscure or insufficient
with respect to a question before a
court will not justify the latter from
declining judgment. That one is
perceived to tip the scales which
the court believes will best promote
the public welfare in its probable
operation.

Surplus age and superfluity disregarded

The statute should be construed

in accordance with the evident intent
of the legislature without regard to the
rejected word, phrase or clause.

Redundant words may be rejected

While the general rule is that

every effort should be made to
give some meaning to every part of the
statute, there is no obligation to give
every redundant word or phrase a

Every rule is not without an exception.

Where rigorous application may
lead to injustice, the general
rule should yield to occasional
exceptions.

Law does not require the impossible

Construction in favor of right and justice

Neither does false description

neither preclude construction
nor vitiate the meaning of a statute
which is otherwise unclear.

The law obliges no one to perform an

impossible thing.

Number and gender

1. When the context of the st
a t u t e i n d i c a t e s , w o r d s i n p l u r a l inclu
de the singular, vice versa.
2. The masculine but not the
feminine includes all genders, unless the
context indicates otherwise.
IMPLICATIONS
No statute can be enacted that can provide all
the details involved in its application. What
is implied in a statute is as much a part
thereof as that which is expressed.
Grant of jurisdiction

The jurisdiction to hear and

decide cases is conferred only by
the Constitution or by statute. The
grant of jurisdiction to try actions
carries with it all
necessary and incidental powers
to employ all writs, processes
and other means essential to make
its jurisdiction effective.

Grant of power includes incidental power

Where a general power is conferred or

duty enjoined, every particular power
necessary for the exercise of one
of the performance of the other is
also conferred.

Grant of power excludes greater power

The foregoing principle impli

es the exclusion of those whi
c h a r e greater than conferred.

What is implied should not be against the law

The statutory grant of power does

not include such incidental
power which cannot be exercised
without violating
the Constitution, the statute
granting power, or other laws of the
same subject.

Authority to charge against public funds may

not be implied
Unless a statute expressly so
authorizes, no claim against public
finds may be allowed.
Illegality of act implied from prohibition
Where a statute prohibits the doing of
an act, the act done in violation
thereof is by implication null and void.
No man can be allowed to found
a claim upon his
o w n w r o n g d o i n g o r i n e q u i t y.
N o m a n s h o u l d b e allowed to take
advantage of his own wrong. In Pari
Delicto

What cannot be done directly cannot be

done indirectly
What the law prohibits cannot, in
some other way, be legally
accomplished.
There should be no penalty for compliance
with law
A person
who complies with a statute c
annot, by implication, be
penalized by it.

INTERPRETATION OF WORDS
Which meaning should be given to
a word or phrase in a statute
depends upon what the legislature intended.
Statutory definition

The legislative definition controls

the meaning of the statutory
word, irrespective of any other
meaning the word or phrase may
have in its ordinary or usual sense.

When the term pr phrase is

specifically defined in a particular
law, the definition must be adopted in
applying and enforcing such law.

While definitions in a statute

m u s t b e g i v e n a l l t h e weight
due them, the terms must be
given effect in their entirety as a
harmonious, coordinated whole.

Statutory definitions are controlling in

so far as the said act is concerned.

A statutory definition does not apply

where its application creates
incongruities.

Exceptions to In Pari Delicto

1.

2.

It will not apply when its

enforcement or application
will violate an avowed
fundamental policy or
public interest.
When the transaction is not
illegal per se but merely
prohibited, and the
prohibition by law is
designed for the
protection of one party.

Words construed in their ordinary sense

In the absence of legislative intent to the
contrary, they should be given their plain,
ordinary and common usage meanings.
General words construed generally

A word of general significance in a

statute is to be taken in its
ordinary and comprehensive s

ense, unless the word is

intended to be given a different or
restricted meaning.

The meaning of a word may be

qualified by the purpose which induced the
legislature to enact the statute.

General words shall be understood in

the general sense

Words or phrases construed in relation to

other provisions

The general must prevail over the

restricted unless the nature and the
context indicates that the limited sense
is intended

A word or phrase should not be

construed in isolation but must be
interpreted in relation to other provisions of
law; construed as a whole, each provision given
effect.

Generic term includes things that arise

thereafter

Progressive interpretation extends

by construction the application of a
statute to all subjects or conditions
within its general purpose or scope
that come into existence subsequent
to its passage; keeps legislation from
becoming ephemeral and transitory

Words with commercial or trade meaning

Words and phrases which are in
common use among traders and
merchants, acquire trade or commercial
meanings which are generally accepted in the
community in which they have been in common
use. In absence of intent to contrary, trade and
commercial terms in a statute are presumed to
have been used in their trade and commercial
sense.
Words with technical or legal meaning
Should be interpreted according to the
sense in which they have been previously used,
although the sense may vary from the strict or
literal meaning of the words.
How identical terms in the same statute are
construed
A word or phrase
repeatedly used will bear the
same meaning
throughout the statute;
presumed to be used in the same se
n s e throughout the law.
Meaning of word qualified by purpose of
statute

Meaning of term dictated by context

The context in which the word or
term is employed may dictate a different
sense. A word is to be understood in the
context in which it is used.
Where the law does not distinguish
Neither should the court
Disjunctive and conjunctive words
OR is a disjunctive term signifying
disassociation and independence of
one thing from each of the other
things enumerated

AND
is a conjunction meaning together
with joined with added to, linked
to

The term AND/OR means that

effect shall be given to both
conjunctive and disjunctive

ASSOCIATED WORDS

(Noscitur) Where a particular word or

phrase is ambiguous
ini t s e l f o r i s e q u a l l y s u s c e p t i b l
e o f v a r i o u s m e a n i n g s , i t s corr
ect construction may be
made clear and specific by
considering the company of words in
which it is found and in which it is
associated.
a. W here the law does not
define a word used
therein, it will be constr
ued as having a

meaning similar to that

of words associated with or
accompanied by it.
b. Where most of the words in an
enumeration are used in their
generic sense, the rest
of the words should be so
similarly construed.

(Ejusdem) While general words or

expressions in a statute are accorded
their full, natural and generic
sense, they will not be given such
meaning if they are used in association
with specific words or phrases.
a. Where a statute describes
things of particular c l a s s
or kind accompanied by
w o r d s o f a generic
character, the generic words will
usually be limited to thi
ngs of a kindred
nature with those particular
ly enumerated, unless
there be something in the
context of the statute to repel
such inference.
b. Limitations
1. A statute contains an
enumeration
of particular and specifi
c w o r d s , followed by a
general word or phrase
2. T h e p a r t i c u l a r a n d
specific words
constitute a class
o r a r e o f t h e same kind
3. The enumeration of a
particular a n d s p e c i f i c
w o r d s i s n o t exhaustive
or is not merely by example
4. There is no indication of
legislative intent to give the
general words or phrases a
broader meaning

(Expressio) T h e e x p r e s s m e n t i o n
of one
p e r s o n , t h i n g o r consequence
implies the exclusion of all others.
Limitation: not applicable if there is
some special reason for mentioning one
thing and none for mentioning
another which is otherwise within

the statute, so that the absence

of any mention of such will not
exclude it. Also, must be disregarded
if :
a. It will cause inconvenience
b. Where the legislative intent shows
that the enumeration is not exclusive

(Negative-Opposite) What is expressed

puts an end to what is implied.

(Causus) A person, object or thing

omitted from an enumeration must
be held to have been omitted
intentionally. ONLY when
the omission has been clearly
established.

a. Does not apply where it is shown that

thelegislature did not intend to
exclude the person, thing or object
from the enumeration.

(Last Antecedent) Qualifying words

restrict or modify only the words or
phrases to which they are immediately
associated, a n d
not those to which they are
d i s t a n t l y o r r e m o t e l y associated.
a. Does not apply when the intention is
not to qualify the antecedent at all

(Reddendo) Antecedents and

consequences should be read
distributive to the effect that each word
is to be applied to the subject to
which it appears by context most
appropriately related and most
applicable.

PROVISO
Its office is to limit the application of the
enacting clause, section or provision of a
statute; introduced by the word
Provided

It may enlarge the scope of the law

It may assume the role of an additional

legislation

It modifies only the phrase immediately

preceding it or restrains or limit the
generality of the clause following it

Statutes must receive a reasonabl

e construction, reference being had
to their controlling purpose.

It should be construed
to harmonize, and
n o t t o r e p e a l o r destroy the main
provision of the statute

One part is as important as the other.

Where a statute is susceptible of more

than one
interpretation,t h e c o u r t s h o u l d a d
opt such reasonable and bene
f i c i a l construction as will render the
provision operative and harmonious.
Constructions that would render it
inoperativem u s t b e a v o i d e d ; m u s
t be reconciled, parts must be
a coordinated and harmonious whole.

Conflicting provisions
should be reconciled and harmoni
zed; they must be reconciled instead
of declaring them invalid.

Exception
Introduced by except, unless otherwise
and shallot apply is a clause which
exempts something from the operation of a
statute by express words.

An exception exempts something

absolutely from the operation of a
statute; a proviso defeats its
operation conditionally.
An exception takes out of the
statute something t h a t o t h e r w i s e
would be a part of the subject
matter of it. A proviso avoids them
by way of an excuse.
One of the functions
of a proviso is to except
something from an enacting clause. In
this sense is it similar with exception.

Where there is a particular or special

provision and a general provision in the
same statute and the latter in its most
comprehensive sense would overrule the
former, the particular or special provision
must be taken to affect only the other
parts of the statute to which it may properly
apply.

A law should be interpreted with a

view to upholding it rather than
destroying it.

All laws are presumed to be consistent

with each other.

If provisions cannot be reconciled

despite efforts, the courts should
choose one that will best
effectuate the legislative intent.

The interpretation that will giv

e the thing efficacy is to be
adopted; legislative did not do a vain
thing in its enactment.

Construction should avoid surplus age.

SAVING CLAUSE
A clause in the provision of law which
operates to except from the effect of law
what the clause provides, or to save
something which would otherwise be lost.
Must be construed in the light of the legislative
intent.

STATUTES CONSTRUED AS A
WHOLE
A statute is passed as a whole and not in
parts or sections and is animated by one
general purpose and intent.

The intent or the meaning of the statute

should be ascertained from the statute
takes as a whole.

Statutes must be construed in harmony with

the Constitution.

STRICT CONSTRUCTION

Statutes in pari material

Construction according to the letter; scope of

statute is not extended or enlarged.

(Relating to the same specific subject

matter) must be construed together to attain
national policy.

Legislature is presumed to be aware of

prior law.

Where there are two acts, one of which is

special and particular and the other general
which, if standing alone, would include the
same subject matter and thus conflicting
with the special act, the special must
prevail since it evinces the legislative
intent more c l e a r l y t h a n t h a t o f
a general statute and must
b e t a k e n a s intended to constitute an
exception to the general rule.
A special law is considered an exception to the
general law on the same subject; the
legislature is passing a law of special
character has its attention directed to the
special facts and circumstances which the
special act is intended to meet.
Reference statutes
Refers to other statutes and makes them
applicable to the subject of legislation.
Supplemental statutes
Intended to supply deficiencies in
an existing statute and to add, complete
or extend the statute without changing
or modifying its original text.
Reenacted statutes
One in which the provisions of an earlier statute
are reproduced in the same or substantially the
same words.
In construing reenacted statutes, court should
take into account prior contemporaneous
construction
.
Adopted statutes
Statute patterned after, or copied from a statute
of a foreign country.

1. Penal statutes
2. Statutes in derogation of rights
3. Statutes authorizing expropriations
4. Statutes granting privileges
5. Legislative grants to local government units
6. Statutory grounds for removing officials
7. Naturalization laws
8. Statutes imposing taxes and custom duties
9. Statutes granting tax exemptions
10. Statutes concerning the sovereign
11. Statutes authorizing suits against the
government
12. Statutes prescribing formalities of will
13. Exceptions and provisos

LIBERAL CONSTRUCTION
Giving a liberal interpretation to save from
obliteration; reading into its something which its
clear and plain language rejects.
1. General social legislation
2. General welfare clause
3. Grant of power to local governments
4. Statutes granting taxing power
5. Statutes prescribing prescriptive period to
collect taxes
6. Statutes imposing penalties for nonpayment
of taxes
7. Election laws
8. Amnesty proclamations
9. Statutes prescribing prescriptions of crimes
10. Adoption statutes
11. Veteran and pension laws
12. Rules of Court
13. Other statutes
a. Curative statutes
b. Redemption laws
c.

Instruments of credit

d. Probation law

MANDATORY STATUTES
A statute which commands either
positively that something be done,
or performed in a particular way, or
negatively that something not be done,
leaving the person concerned no choice on the
matter except to obey.
Contains words of command or
prohibition. Uses: shall, must, ought, should;
prohibitions such as cannot, shall not, ought not
1. Statutes conferring power
2. Statutes granting benefits
3. Statutes prescribing jurisdictional
requirements
4. Statutes prescribing time to take action or
appeal
5. Statutes prescribing procedural requirements
6. Election laws on conduct of election
7. Election laws on qualification and
disqualification
8. Statutes prescribing qualifications for office
9. Statutes relating to assessment of taxes
10. Statutes concerning public auction sale

DIRECTORY STATUTES
Permissive or discretionary in nature and merely
outlines the act to be done in such a way that no
ijury can result from ignoring it or that its
purpose can be accomplished in a manner other
than that prescribed and substantially the same
result obtained. Uses: may
1. Statutes prescribing guidance for officers
2. Statutes prescribing manner of judicial action
3. Statutes requiring rendition of decisions within
prescribed period
Statutes are to be construed as having only
prospectiveapplication, unless the
intendment of the legislature to give them a
retroactive effect is expressly declared or is
necessarily implied from the language
used. Presumption is prospectivity.

Prospectivity words/ in futuro: hereafter,

thereafter, shall have
been made, from and
after, shall take effect
u p o n i t s approval

The Constitution does not prohibit the

enactment of retroactive statutes which
do not impair the obligation of contracts,

deprive persons of property without

due process of law, or divest rights
that have become vested, or which are
not in the nature of
ex post facto
laws.

PROSPECTIVE STATUTES
Operates upon facts or transactions that
occur after the statute takes effect, one that
looks and applies to the future.
1. Penal statutes, generally
2. Ex post facto law
3. Bill of attainder
4. Statutes substantive in nature
5. Statutes affecting vested rights
6. Statutes affecting obligations of contracts
7. Repealing an amendatory acts

RETROACTIVE STATUTES
Creates a new obligation, imposes a
n e w d u t y o r a t t a c h e s a n e w disability in
respect to a transaction already past.
1. Procedural laws
2. Curative statutes
3. Police power legislations
4. Statutes relating to prescription
5. Statutes relating to appeals
AMENDMENT
Change or modification by addition or deletion,
or alteration of a statute which survives in its
amended form.

REVISION
Purpose is to restate existing laws into one
statutes, simplify complicated provisions, and
make the laws on the subject easily found.
REPEAL
A statute repealed is rendered
revoked completely