Statutory Construction PDF

BARRANCO, PGT. | JD 1-B ATTY. COO STATUTORY CONSTRUCTION Introduction I. WHAT IS LAW...

BARRANCO, PGT. | JD 1-B ATTY. COO STATUTORY CONSTRUCTION Introduction I. WHAT IS LAW 2. PRIVATE LAW: B. PROCEDURAL OR ADJECTIVE PRIVATE Generally, it is the science of moral laws based on LAW: The means and methods of setting the rational nature of man the courts in motion, making the facts Law is a rule of conduct formulated and made known to them and e ectuating their obligatory by legitimate power of the state judgments. II.ELEMENTS OF LAW IV. SOURCES OF LAW 1. RULE OF CONDUCT- Because all Filipinos should 1. LEGISLATION follow this law 2. PRECEDENTS/JURISPRUDENCE 2. JUST- All things be considered equal; applied to all 3. CUSTOMS persons (whether as Filipino Citizens, Aliens, etc.) 4. COURT DECISIONS 3. OBLIGATORY-Required; a law is supposed to be obligatory and not a suggestion or recommendation ARTICLE 8 OF THE NEW CIVIL CODE: —thus the purpose of penalties. “Judicial decision applying or interpreting the laws or 4. PRESCRIBED BY LEGITIMATE AUTHORITY- Legitimate authority such as the government the Constitution shall form part of the legal system of 5. ORDAINED FOR THE COMMON BENEFIT- Salis the Philippines.” Populi est Suprema Lex DOCTRINE OF STARE DECISIS III. CLASSIFICATION OF LAW The decisions or principles enunciated by a court of competent jurisdiction on a question of law do not only serve as guides but also as authority to be followed by NATURAL LAW other courts of equal or inferior jurisdiction in all cases 1. PHYSICAL LAW-Universal Rule of Action that involving the same question until the same is overruled governs the conduct and movement of things, or reversed by a superior court. which are non-free and material 2. MORAL LAW- Set of rules which establishes V. WHAT IS A STATUTE? what is right and what is wrong as dictated by the human conscience and as inspired by the The written will of the legislature , eternal law. Expressed according to the form necessary to 3. DIVINE LAW- Divine Positive Law or Divine constitute it a law of the state and Human Positive Law Rendered authentic by certain prescribed norms and solemnities. POSITIVE LAW 1. PUBLIC LAW: *Constituted by a legislature; Written will of the A. CONSTITUTIONAL LAW: Fundamental law legislature. Enacted national legislature; ordinances–– of the land which de nes the powers of the local legislature. government B. ADMINISTRATIVE LAW: Law that xes the VI. CLASSIFICATION OF STATUTE organization and determines the competence of the administrative authorities PUBLIC STATUTE: One that a ects the public at large and which regulates the methods by which or the whole community. the functions of the government are 1. GENERAL LAW: One which applies to the performed whole state and operates throughout the state C. INTERNATIONAL LAW: Body of rules which alike upon all the people or all of a class. regulates the community of nations. 2. SPECIAL LAW: One which relates to particular persons of things of a class or to a particular 2. PRIVATE LAW: community, individuals, or thing. A. SUBSTANTIVE PRIVATE LAW: Rules which 3. LOCAL LAW: One whose operation is con ned declares legal relations of litigants when the to a speci c place of locality. courts have been properly moved to action upon facts duly presented to them. PRIVATE STATUTE: One which applies only to a speci c person or subject fi fi fi ff ff fi fi BARRANCO, PGT. | JD 1-B ATTY. COO STATUTORY CONSTRUCTION Introduction VII. CLASSIFICATION OF STATUTE: According to Nature XIII. CLASSIFICATION OF STATUTE 1. SUBSTANTIVE STATUTE: One that creates a right 2. PRECEPTIVE STATUTE- Commands the doing of and imposes an obligation certain acts and regulates the form or manner of 2. REMEDIAL/ PROCEDURAL STATUTE: Provides their performance for a mechanism or steps by which a right may be 3. CURATIVE STATUTE- One which attempts to cure enforced or a wrong may be redressed or correct irregularities in judicial or administrative 3. PENAL STATUTE: One which imposes punishment proceedings to which seek to give e ect to for an o ense committed against the state contracts and other transactions between private VIII. CLASSIFICATION OF STATUTE: According to Application persons which otherwise would fail to produce their intended consequences on account of some 1. MANDATORY STATUTE: One whose provisions or statutory disability or failure to comply with some requirements if not complied with will render the technical requirement proceedings to which it relates illegal and void. 4. AFFIRMATIVE STATUTE- A statute expressed in 2. DIRECTORY STATUTE: One where non- a rmative terms compliance will not invalidate the proceedings to 5. NEGATIVE STATUTE- A statute expressed in which it relates negative terms 3. PERMISSIVE STATUTE: One which allows certain 6. DECLARATORY STATUTE-One of the purpose of acts to be done without commanding they be which is to remove doubt as to the meaning of performed existing law or to correct a construction considered erroneous by the legislature IX. CLASSIFICATION OF STATUTE: According to Operation 7. ADOPTED STATUTE- One which is borrowed 1. PERMANENT STATUTE: One whose operation is wholly or in part by one state from another not limited to a particular period of a time but 8. REENACTED STATUTE- One which is passed in continues in force until repeated. substantially the same language as a prior one 2. TEMPORARY STATUTE: A statute whose duration passed by the same legislature. is for a limited period of time xed in the statute 9. REFERENCE STATUTE- One which refers to other itself or whose life ceases upon happening of an statutes and makes them applicable to the subject event. of the new legislation. X. CLASSIFICATION OF STATUTE: According to E ectivity XIV. WHAT ARE THE PH STATUTES CALLED? 1. PROSPECTIVE STATUTE: One which operates 1. Public Act upon or regulates acts or transactions taking place 2. Commonwealth Act after it takes e ect 3. Republic Act 2. RETROACTIVE STATUTE: One which a ects acts 4. Batas Pambansa already committed or transactions already 5. Presidential Decree completed before it becomes e ective XI. CLASSIFICATION OF STATUTE: As to E ect to other Statutes 1. AMENDATORY STATUTE- One which makes an addition to or operates to change the original law so as to e ect an improvement therein or to more e ectively carry out the purpose for which the original law was passed. 2. REPEALING STATUTE- A law which revokes or terminates another statute either by express language or by implication. XII. CLASSIFICATION OF STATUTE 1. PROHIBITIVE STATUTE- One which forbids the doing of certain things, particularly those which are injurious to the rights of others or those of the public ff ffi ff ff ff fi ff ff ff ff ff BARRANCO, PGT. | JD 1-B ATTY. COO STATUTORY CONSTRUCTION Introduction