CHAPTER

7STRICT
CONSTRUCTION

OR

LIBERAL

IN GENERAL

2.

Generally
Whether statute is to be given strict/ liberal
construction will depend upon:
a. nature of statute
b. purpose to be subserved (promote)
c. mischief to be remedied

Reason why penal statute are strictly

construed
- to provide a precise definition of forbidden
acts
- to establish certain rule by conformity to
which mankind would be safe and discretion
of court is limited
Mala in se and Mala prohibita
- to constitute crime, evil intent must
combine with an act
- actus non facit reum nisi mens rea = act
itself does not make a man guilty unless his
intentions were so
- actus me invito factus non est meus actus
= an act done by me against my will is not
my act.
- mala in se = penalized under RPC,
criminal intent and act is required
- mala prohibita = only inquiry in whether
the law has been violated

Strict or liberal interpretation will be given a statute

that will best accomplish end desire and result
legislative intent.
Strict construction
- only recognizes what is expressed, takes the
language used in its exact meaning and admits no
equitable consideration.
-scope of statute shall not be extended or enlarged by
implication, intendment, or equitable consideration
beyond the literal meaning of its terms.
-close and conservative adherence to literal meaning
of its terms.
Liberal construction defined
- equitable construction will enlarge the letter of the
statute to accomplish its intended purpose or promote
justice.
- expands the meaning of statute to meet cases which
are clearly within the spirit thereof, or within the evil
which statute was designed to remedy, or which gives
a statute its generally accepted meaning
- words should be receive a fair and reasonable
interpretation to attain intent, spirit and purpose of
law.

Statutes in derogation of rights

-the state may enact legislation, restricting
the enjoyment of rights, in the exercise of its
police power
ex: suspending period of
prescription, fixing ceiling price of
commodities
- construction which would not diminish
right of people must be adopted.
-

Liberal construction applied

- where statute is ambiguous and capable of more
than one construction
- ut res magis valeat quam pereat
That the thing may rather have effect than be destroy
ed.

Statutes authorizing expropriation

- strictly construed against expropriating
authority liberally in favor of property
owner
-reason: because expropriation is a
derogation of rights

Construction taking into consideration general

welfare/growth of civilization
- based on maxim salus populi est suprema lex (the
safety of the people is the supreme law)
statutes enacted for public good construe liberally
- statute pro public commodo late interpretantur
(Statutes made for the public good ought to be liberal
ly construed)

STATUTES STRICTLY CONSTRUED

1.

Penal statutes, generally

- refers to laws by which punishment are
imposed for violation of their provision
- acts of legislature which prohibit certain
acts and establish penalties for their
violation
- define crimes, treat of their nature and
provide for their punishment

Test employed if statute is penal: whether a

penalty is imposed for punishment of a
wrong to the public
Penal statutes strictly construed
- where a statute penalized commission of
an act on certain occasions, it cannot be
construed to penalize it on all occasions.

3.

Statutes granting privileges

- requires strict construction to those who
invoke a special privilege , liberally in favor
of grantor
Reason: because
the public advantage
gained by the grant is secondary
significance
compared to advantage
gained by grantee
- privilegia recipient largam
interpretationem voluntati consonam
concedentis (privileges are to be interpreted
accordance with the will of him who grants
them.
- he who fails to comply with will of grantor
loses such privileges
Legislative grants to local govt units
_ strictly construed against the grantee
because

it

is

gratuitous

donation

of

4.

5.

money/property which results in unfair

advantage to grantee
Statutory grounds for removal of officials
- strictly construed against removal of
officials
liberally in favor of continuity of office
Reason: drastic and penal in nature
Naturalization laws
- strictly construed against the applicant
- right of an alien to become a citizen by
naturalization is a statutory rather that a
natural one, and it does not become vested
until he files a petition and establishes by
competent and satisfactory evidence that he
has all the qualifications and none of the
disqualifications specified by law.

warrants , and all doubts should be

resolved
in favor of GENERAL
PROVISIONS
- proviso: interpreted consistently with
legislative intent

STATUTES LIBERALLY CONSTRUED

1.
2.

3.
6.

7.

Statutes imposing taxes and custom

duties
- strictly impose against govt and liberally
in favor of taxpayaer
-tax cannot be imposed without clear and
express purpose
Reason: taxation is a destructive power
which interferes with the personal and
property rights of the people and takes from
them a portion of their property for the
support of the government.; burdens are not
to be imposed, nor presumed to be imposed,
beyond what the statutes expressly and
clearly import.
Statutes granting tax exemption
- strictissimi juris
(The most strict right or law. In general, whe
n a person receives an advantage, as the gran
t of a license, he is boundto conform strictly
to the exercise of the rights given him by it,
and in case of a dispute, it will be strictly co
nstrued.)
- construed against the taxpayer and liberally
in favor of the taxing authority.

8.

statutes concerning sovereign

-restrictive statutes which impose burden on
public treasury are strictly construed
Statutes authorizing suits against govt

9.

- nullum tempus occurit regi time does not

run against the King.
Reason: because to allow suits against state
without its consent will subject to
inconvenience and loss of governmental
efficiency
Statutes prescribing formalities of will
Reason: court is seeking to ascertain and
apply intent of legislators and not of testator
and testators intention is usually defeated
by nonobservance of what statute requires
exceptions and provisos
- exceptions: strictly but reasonably
construed
extend only as far as their language
fairly

4.
5.

General social legislation

a. Ex: labor laws, tenancy laws, land
reform laws
General Welfare clause
construed liberally in favor of LGU as to
give more power to LGU promoting
economic condition, social welfare and
material progress of people in community
Grant of power to local govt
strictly construed against the power granted
to them
liberally in favor of national govt
Statutes granting tax power
-strict: national govt
-liberal: LGU
Statutes prescribing prescriptive period
to collect taxes
reason: both beneficial to govt and citizens.
citizens would gave a feeling of security
against dishonest taxes who will always find
an excuse to inspect books of taxpayer not to
determine latters liability

6.

Statutes imposing penalties for

nonpayment of tax
- strict: taxpayer
- liberal: govt
reason: public policy, such law is intended to
hasten tax payments or punish evasion. If
delays are allowed for tax payment for light
reasons, law imposing penalties for
delinquencies would be rendered nugatory
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 Commission on Elections
and the courts the imperative duty to
ascertain by all means within their
command who is the real candidate elected
by the people.
rules and regulations for the conduct of
elections are mandatory before the election,
but when it is sought to enforce them after
the elections they are held to be directory
only, if that is possible, especially where, if
they are held to be mandatory, innocent
voters will be deprived of their votes,
without any fault on their part
Election protest, which should be liberally
construed to the end that the popular will
expressed in the election of public officers
will not, by reason of purely technical

objections,
be
defeated.
Rigid application of the law that will
preclude the court from ascertaining the
popular will should be rejected in favor of a
liberal construction thereof that will
subserve such end, where a rigid and strict
application and enforcement of provisions
of the election law will safeguard popular
will and prevent transgression of suffrage
and the mandate of the majority, the
provisions will be given strict construction.
Election contest, especially appreciation of
ballots, must be liberally construed to the
end that the will of the electorate in the
choice of public officials may not be
defeated by technical infirmities.

- contains words of command or prohibition and

violation of which makes the decision invalid

Amnesty proclamations
construed liberally in favor of those
pardoned and strictly against the state
reason: to encourage the return to fold of
law of those who have turned from the law.
8. Statutes prescribing prescription of
crimes
liberal: accused
reason: liberality of construction belongs to
amnesty and grace, the existence of statute is
a recognition by legislature of fact that time,
while it gradually wears out proofs and
innocence, has assigned to it fixed and
positive period in which it destroys proofs of
guilt
9. Adoption statutes
liberal: child to be adopted
reason: promote noble and compassionate
objectives of law. hold the interest of the
child and allow childless couples to
experience joy of parenthood
10. Veteran and pension law
Liberal: persons intended to be benefited

It is mandatory when: the statute prescribe a result

in addition to or apart from what it requires, 3 rd
parties will suffer as a consequence of what the
person charged by statute to do within prescribed
limit failed to do, matter of substance

7.

reason: to compensate men who suffered in

the service for hardships they injure and
dangers they encounter in line of duty or
their intention is to provide sustenance and
comfort when retiree has no longer a
stamina
11. Rules of court
liberal: end view of realizing their purpose
reason: to promote their object and assist
parties in obtaining just, speed and
inexpensive determination of cases. They
were adopted as means conducive to
realization of administration of law and
justice.
technicalities should not be resorted if it will
deny substantial justice
12. Other statutes
- curative statutes, redemption law

CHAPTER 8 MANDATORY AND DIRECTORY

STATUTES
Mandatory Statute statute which commands either
positively that something be done, or performed in a
particular way, or negatively that something be not
done

- acts executed against the provision of mandatory or

prohibitory laws shall be void, except when law itself
authorizes their validity
Directory Statute- permissive/directory in nature
and merely outlines act to be done in such a way that
no injury can result from ignoring it
-operates to confer discretion upon a person
-act according to ones judgment and not controlled
by others
When statute is mandatory or directory
- no universal rule to determine, primary object is to
ascertain legislative intent

It is directory when: no substantial rights depend on it

and no injury can result from ignoring it, purpose of
legislature can be achieved in a manner other than
that prescribed
Language used
Mandatory shall, must, ought, should, cannot,
shall not, ought not
Directory- may
Use of shall or must
- must be given compulsory meaning
Use of may
- auxiliary verb showing among others
opportunity/possibility
-directory in nature and operated to confer discretion
When shall is construed as may and vice versa
- to be determined in each case from the apparent
intention of statute as gathered from the context and
language of provision
-

Word may be construed as shall where a

statute provides for the doing of some act
which is required by justice or public duty i
it concerns public rights or interests
Shall may be construed as may when
required by intention of legislature, or when
no public benefit or private right requires
that it be given imperative meaning.

Use of negative, prohibitory or exclusive terms

- mandatory
MANDATORY STATUTES
1. Statutes conferring power
2. Statutes granting benefits
vigilantibus et non dormientibus jura subveniunt
(laws aid vigilant, not those who slumber their
rights)
Potior est in tempore, potior est in jure( he who is
first in time is preferred in right)
3. Statutes prescribing jurisdictional requirements
4. Statutes prescribing time to take action/to appeal

5. Statutes prescribing procedural requirements

6. Election laws on conduct of election
7. Election laws on qualification and disqualification
8. Statutes prescribing qualification for office
9. Statutes relating to assessment of taxes
10. Statutes concerning public auction sale
DIRECTORY STATUTES
1. Statutes prescribing guidance for others
- unless accompanied by negative words

2. Statutes prescribing manner of judicial action

-