CHAPTER 6

AS TO NATURE
1. What are penal statutes?

Penal statutes are those which impose punishment for an offense, committed
against the state. They command or prohibit certain acts and establish
penalties for their violation.

2. How are penal statutes constructed and interpreted?

Penal statutes are interpreted against the state and liberally in favour of the
accused. This rule should not, however, be unreasonably applied as to defeat
the true intent and meaning of the enactment found in the language actually
used.
The language of a penal statute cannot be enlarged beyond the ordinary
meaning of its terms.

3. What are remedial statutes?

Remedial statutes are those designed to correct an existing law, redress an

existing grievance, or introduce regulations conducive to the public good.

4. How are remedial statutes construed?

Remedial statutes should be liberally construed because they were enacted

by the legislature precisely to improve the law and so that they will be in
harmony with new ideas and conceptions of justice and proper conduct of
men.

5. What are substantive statutes?

They are laws, which establish rights and duties. When these rights and
duties are stated in clear and categorical language, there is no more room for
construction or interpretation. There is only room for application.
What the law grants, the court cannot deny. Therefore, the first duty of the
judge is to apply the law, whether it is just or unjust, provided that the law is
clear and there is no doubt.
In case of doubt, the judge should presume that the lawmaking body
intended right and justice to prevail.

6. What are labor statutes?

Those laws that govern the rights and obligations of employers and
employees, providing as well for the rules by which such rights and
obligations may be enforced.

7. How are labor laws interpreted?

All doubts in the implementations and interpretation of the provisions of the

labor code, including its implementing rules and regulations, shall be resolved
in favour of labor.

8. What are tax statutes?

Those, which impose rules and regulations, related to taxation or to creation

of particular sources of revenue such as taxes, fees and charges that are
needed for the support of government and for all public needs.

9. How are tax statutes construed and interpreted?

In case of doubt, statutes levying taxes and duties are to be construed most
strongly against the government and in favour of the subject or citizens,
because burdens are not to be imposed, nor presumed to be imposed beyond
what statutes expressly and clearly import.
They are construed strictly against the taxing power and liberally in favour of
the tax payer.

10.What are the rules of construction of tax laws?

a. The real purpose of the legislature, if that purpose is discernible from its
statute, will prevail over the literal import of the words used.
b. The spirit, rather than the letter of the ordinance, determines the
construction thereof, and court looks less to its word and more to the
context, subject matter, consequence and effect.
c. The history of the statutes should be considered as an aid in the
ascertainment of the intention of the legislature.
d. However, tax exemptions, are construed strictly against taxpayers and in
favour of the taxing power. Moreover, exemptions cannot be claimed
unless they are expressly provided for in the law.
AS TO APPLICATION
11.What are mandatory statues?

Those which contain words of command or of prohibition, and noncompliance with the same renders the proceedings to which it relates illegal
and void.

12.What are directory statutes?

Those which are permissible or discretionary in nature and merely outline 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.

13.How to determine whether it is a mandatory or directory statutes?

In determining, intention of the legislature must be ascertained.
a. TERMINOLOGY the words or phrases regarded as making a provision
mandatory include shall and must, while the word may and the phrase
it is lawful are usually regarded a permissive or directory.
b. MATERIALITY OF THE PROVISIONS statutory provisions which relate to
matters of substance or which affect substantial rights, and are the very
essence of the thing required to be done, are regarded as mandatory.
Provisions which are not material or which do not affect any substantial right,
and do not relate to the essence of the thing to be done, so that compliance
is a matter of convenience rather than substance, are considered to be
directory.
c. CONSEQUENCES a statutory provision is mandatory where a failure of
performance will result to the injury or prejudice to the substantial rights of
interested persons. If such failure or performance will not result to the injury
or prejudice of the substantial rights of interested persons, then the
provisions is generally regarded merely as directory.
d. PENALTY it is a general rule of construction that where a legislative
provision is accompanied by a penalty for a failure to observe it, the provision
is mandatory. Otherwise, it is directory.
AS TO PERFORAMCE
14.What is a permanent statute?

It is a statute whose operation is not limited to a particular period of time but

which continues in force until it is duly altered or repealed. Ex. New labor
code.

15.What is a temporary statute?

It is a statute whose life or duration is fixed for a specified period of time at

the moment of its enactment, and continues in force, unless sooner repealed,
until the expiration of the time fixed for its duration.

AS TO SCOPE
16.What is a general statute?

It is a statute which relates to persons, entities, or things as a class or

operates equally or alike upon all of a class, omitting no persons, entity, or
thing belonging to a class. Ex. Family code.

17.What is a special statute?

It is a statute, which relates to particular persons, entities or things of a class.

Ex. Child and youth welfare law.

18.What is a local statute?

It is a statute whose operation is confined within territorial limits other than

that of the whole state, or applies to any political subdivision or subdivisions
of the state less than the whole, or to property and persons of a limited
portion of the state, or is directed to a specific locality or spot, as
distinguished from a law which operated throughout the state.

19.What are other statutes?

i.

ii.
iii.

iv.

v.

vi.

STATUTES IN DEROGATION OF RIGHTS price control laws are in derogation

of common or general rights. They are generally strictly construed and rigidly
confined to cases clearly within their scope of purpose.
STATUTES GRANTING PRIVILEGES those who invoke a special privilege
granted by a statute must comply strictly with its provisions.
NATURALIZATION LAWS these are strictly construed against the applicant
because the right of an alien to become a citizen by naturalization is merely a
statutory right.
STATUTES IMPOSING TAXES AND CUSTOM DUTIES generally they are
construed strictly against the taxing power and liberally in favour of the
taxpayer.
STATUTE 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. To justify a suit against the state or any of its agencies, the
statute conferring the right to maintain the action must be plain and positive,
and its meaning should not be left to doubt. The consent of the state to be
sued may be given expressly or impliedly. The first may be given through a
general or special law. The second is given through a general or special law.
The second is given when the state itself commences litigation or when it
enters into a contract. Here, the state devolves into the level of an ordinary
citizen.
STATUTES PRESCRIBING LIMITATIONS ON THE TAXING POWER OF LOCAL
GOVERNEMENT UNITS they are strictly construed against the national
government and liberally in favour of the local government units. Any doubt
as to the existence of the taxing power will be resolved in favour of the local
government.

vii. STATUTE IMPOSING PENALTIES FOR NON-PAYMENT OF TAX they are liberally
construed in favour of the government and strictly observed and interpreted
against the taxpayer. This facilitates the collection of taxes and penalties and
tax evasions will be avoided.
viii.
ELECTION LAWS they should be construed liberally to give effect to
the expressed will of the electorate. Technicalities should not be allowed to
prevail against the true will of the people.
ix. ADOPTION STATUTES they are liberally construed in favour of the child to be
adopted in order to promote the noble objectives of the law.
x. AMNESTY PROCLAMATIONS they should be construed liberally in favour of
those who are given amnesty. The reason for this is to encourage those who
have not yet applied for amnesty to return to the fold of the law and have
normal lives one again.
xi. VETERAN AND PENSION LAWS they should be liberally construed and
administered in favour of the persons intended to be benefited by such law in
order to achieve the humanitarian purpose of the law.
xii. GENERAL WELFARE LEGISLATIONS they are construed liberally in favour of
those intended to be benefited,
xiii.
PROBATION LAW it should be liberally construed to achieve its
objective, which is to give another chance to first offenders to go back to
normal life.
xiv.
LAWS ON ATTACHMENT they are liberally construed in order to assist
the parties in obtaining speedy justice.
xv. RULES OF COURT they shall be liberally construed in order to promote their
objective and to assist the parties in obtaining just, speedy and inexpensive
determination of every action and proceeding.
xvi.
STATUTES PRESCRIBING QUALIFICATIONS FOR AN OFFICE this is
regarded as mandatory. This means that a person, who is not eligible or
qualified at the time that he assumed office, may be ousted from office at
anytime upon discovery that he is not indeed qualified and eligible.
xvii.
ELECTION LAWS ON QUALIFICATION AND DISQUALIFICATION these
are considered mandatory even after the elections. Hence, a candidate who
filed his certificate of candidacy beyond the period required by law is
disqualified to run for office, as his certificate is void.
20.What are other classifications of a statute?
i.

A STATUTE SHOULD BE PROESPECTIVE OR REPTROACTIVE

PROSPECTIVE STATUTE it is one which operates upon or regulates acts or
transactions taking place after it takes effect. As a rule, laws operate
prospectively, not retroactively, except in the following cases:
a. If the law itself provides that it will be retroactive.
b. If the law is remedial in nature.
c. If the law is penal in nature provided it is favourable to the accused or the
convict, or that the accused or convict is not a habitual delinquent.

d. If the law is curative

e. If the law is of an emergency nature and authorized by the police power of
the government.

ii.

Statutes are to be construed as having only prospective operation, unless the

legislature intends that they will have retroactive effect. In case of doubt, the
doubt will resolved against the retrospective operation of laws.
RETORACTIVE STATUTE it is one which creates a new obligation, one which
takes away or impairs vested rights acquired under existing laws, or creates a
new obligation and imposes a new duty, or attaches a new disability in
respect of transactions or considerations already past.
A STATUTE COULD EITHER BE A REPEALING ACT OR AN AMENDATORY ACT
REPEALING ACT laws are repealed only by subsequent ones and laws are
repealed either expressly or impliedly. However, implied repeals are not
looked upon with favour. Hence, if both statutes can stand together, there is
no repeal.
A statute, which is totally repealed, is rendered revoked completely. When the
repeal, however, is partial, the portion or portions not affected by the repeal
continue to exist.
Repeal is a question of intent. Express repeal of a statute or any of its
provisions is accomplished by a direct and express provision or declaration in
a subsequent statute so there will be no doubt as to what statute is intended.
Repeals by implication can be done in two ways: 1) by covering the whole
subject matter so that it is intended as a substitute for the earlier statute and
2) by containing provisions which are inconsistent and irreconcilable with the
earlier statute.

AMENDATORY ACT it makes an addition to the original laws or it operates to

change it. An amendment of a statute is effected through the enactment of
an amendatory act modifying or altering some provisions of the statute. The
amendment could either be express or implied.
There is an express amendment when the amendatory act specified the
provisions of a statute that are amended. There is an implied amendment
where a part of a prior statute embracing the same subject has become
inconsistent with the new provisions as amended.

How should the amendment be construed?

1. A statute and its amendment should be construed in its entirety. The
amendment becomes part of the original statute as if it had always been
contained therein

2. Provisions of the original act which are not affected by the amendment
shall remain in force.
3. The amendment made indicates that the legislature intended a change in
the law or in its meaning. The court therefore give effect to such intent
4. As a rule, the amendatory act operates prospectively unless otherwise
provided or if it could be implied from the language used that the
legislature intends to give it a retroactive effect. Even in the latter case,
however, the amendment cannot be construed retroactively if to do so will
impair vested rights or the obligation of the contracts.
iii.

A STATUTE COULD EITHER BE A REFERENCE STATUTE, A SUPPLEMENTAL

STATUTE, A REENACTED STATUTE OR AN ADOPTED STATUTE.
REFERENCE STATUTE it is a statute, which refers to other statutes and
makes them applicable to the subject of legislation. This statute is often used
to avoid unnecessary repetitions. By simply making reference to a particular
provision in an existing law and without the need of introducing another law,
the rule, provision or term/s intended to be applied is stated in the reference
statute.
SUPPLEMENTAL STATUTES they are intended to supply deficiencies in an
existing statutes and to add too, complete, or extend the statute without
changing or modifying its original text.
The original statute and the
supplemental act should be construed together in its entirety.
REENACTED STATUTES they reenact provisions of an earlier statute, the
provisions in the earlier statute are reproduced in the same words or
substantially the same words. The courts will therefore follow the
construction, which the adopted statute previously received.
ADOPTED STATUTES they are statutes patterned after, or copied from a
statute of a foreign country. The construction given to them by the courts of
the country from which they were taken will be considered by the court. Such
construction, however, will not be conclusive to our courts.