ADHERENCE TO, OR DEPARTURE FROM, LANGUAGE OF STATUTE

LITERAL INTERPRETATION
6a - Index nimi / sermo est.
Speech is the index of intention.
- The words employed by the legislature in a statute correctly express its intent or will and
preclude the court from construing it differently.
- The legislature is presumed to know the meaning of the words, to have used the words
advisedly, and to have expressed its intent by the se of such words as are found in the
statute.

6c - Verba legis / non est recedendum

Do not depart from the words of the statute.
- The words and phrases of a statute are clear and unequivocal, their meaning must be
determined from the language employed and the statute must be taken to mean exactly
what it says.

6d - Maledicta est / expostio quae corrumpit textum.

It is bad construction which corrupts the text.
- To depart from the meaning expressed by the words is to alter the statute, to legislate
and not to interpret.
- The court may not speculate as to the probable intent of the legislature different from
that expressed in the words of the statute. To attempt to do so is a perilous undertaking
and is apt to lead to an amendment of a law by judicial construction.

7a - Absoluta sentntia / expositore / non ndiget.

When the language of the law is clear, no explanation is required
- The clear, unambiguous and unequivocal language of a statute precludes the court from
construing it and gives it no discretion but to apply the law.
- The statute in such a case must be taken to mean exactly what it says.
- When the law is clear, it is not susceptible of interpretation.

7b - Dura lex / sed lex.

The law may be harsh but it is the law.
- It must be applied regardless of who may be affected, even if it may be harsh or onerous.

7c - Hoc quidem / perquam durum est, / sed ita lex scripta est.
It is exceedingly hard, but so the law is written.
- It is the sworn duty of the Court to apply it without fear or favor, to follow its mandate,
and not to tamper with it

8a - Aquitas / nunquam contravenit legis.

Equity never acts in contravention of the law.
- Where the law is clear, appeals to justice and equity as justification to construe it
differently are unavailing
 - For equity is available only in the absence of law and not its replacement
- Equity is described as justice outside legality, which simply means that it cannot supplant
although it may supplement the law
Appeals for justice and equity cannot justify disregard of the mandate of the law so long
as it remains in force

DEPARTURE FROM LITERAL INTERPRETATION

9a - Ratio legis / est nima legis.
The reason of the law is the soul of the law.
- The spirit or intention of a statute prevails over the letter of the law, and what is within
the spirit of a statute is within the statute although it is not within the letter thereof, while
that which is within the letter but not within the spirit of the statute is not within the
statute
- The spirit, rather than the letter of a statute determines the construction thereof, and the
court looks less to its words and more to its context, subject matter, consequence and
effect.
- Intention of the legislature must be enforced when ascertained, although it may not be
consistent with the strict letter of a statute when it leads away from the true intent and
purpose of the legislature and to conclusion inconsistent with the general purpose of the
act

9c - Verba intentioni, / non e contra, / debent inservire.

Words ought to be more subservient to the intent and not to the words.
- The intention of the legislature and its purpose or object, being the fundamental inquiry
in judicial construction, control the literal interpretation of particular language of a
statute, and a language capable of more than one meaning is to be take in such sense as
to harmonize with the intention and object and effectuate the purpose of the enactment
- It is the duty of the court to choose between conflicting theories that which best accords
with the spirit or intent of the law
- A literal application of a statute is to be rejected if it will operate unjustly, lead to absurd
results, or contradict the evident meaning of the statute taken as a while.
- As between two statutory interpretations, that which better serves the purpose of the
law should prevail.
- Used when there are two conflicting interpretations.

10 - Cessante rationi legis, / cessat et ipsa lex.

When the reason of the law ceases, the law itself ceases.
- The cessation or nullification of the reason of law renders the law inoperative.
- A subsequent statute may render a prior law devoid of reason. In such a case, the later
law will operate to repeal to prior law, even though the two laws contain no conflicting
previsions. Thus, where a later law has a purpose in conflict with that of a prior statute
on the same subject, the later law has lost all meaning and function and has ceased to
exist.
- Used in the repeal of a law by a subsequent law.
 - When the purpose the statute sought to be repressed is prevented by an act or event
independent of the statute itself, the statute, though remaining in force and in effect,
finds no application in the given situation.
- Applies to moot and academic cases?

11a - Interpetatio talis / in ambguis / semper fienda est / ut evitetur inconveniens / et

absurdum.
When there is ambiguity, the interpretation of such that will avoid inconvenience and absurdity
is adopted.
- Provisions on initiative should be liberally construed to effectuate their purposes, to
facilitate and not to hamper the exercise by voters of the rights granted thereby.
- If the words of a statute are susceptible of more than one meaning, the absurdity of the
result of one construction is a strong argument against its adoption.
- Where literal adherence to the language of a statute would produce absurd result unless
the appropriate word or words are written or omitted therein, the court has the power
to supply or omit the words from a statute in order to prevent an absurd result.
- Absurd conclusion
- Interpretation that would lead to absurdity or nullification of laws should be avoided

12a - Ea est accipienda interpretatio quae vitio caret.

That interpretation is to be adopted which is free from injustice.
- Undesirable consequences were never intended by a legislative measure, and that a
construction of which the statute is fairy susceptible is favored, which will avoid all
objectionable, mischievous, indefensible, wrongful, evil and injurious consequences.
- The presumption is that the legislature, in enacting a law, did not intend to work a
hardship or an oppressive result, a possible abuse of authority or act of oppression,
arming one person with a weapon to impose hardship on another.

13a - Fiat justtia, / ruat coelum.

Let right be done, though the heavens fall.
- When a provision of law is silent or ambiguous, judges ought to invoke a solution
responsive to the vehement urge of conscience

14 - Jurae naturae aequum est / nminem / cum altrius detrimento et injuria / feri
locupletirem.
It is certainly not agreeable to natural justice that a stranger should reap the pecuniary produce
of another mans work.
- In case of doubt in the interpretation or application of law, it is presumed that the
lawmaking body intended right and justice to prevail.
- The fact that a statute is silent, obscure or insufficient with respect to a question before
the court will not justify the latter from declining to render judgment thereon
- In balancing conflicting solutions, that one is perceived to tip the scales which the court
believes will best promote the public welfare.
15a - Surplusgium / non nocet.
Surplusage does not vitiate a statute.
15b - tile / per inutile / non vitiatur.
The useful is not vitiated by the non-useful.
- Where a word, phrase or clause in a statute is devoid of meaning in relation to the context
or intent of the statute, or where it suggests a meaning that nullifies the statute or renders
it without sense, the word, phrase or clause may be rejected as surplusage and entirely
ignored.
- A statute is to be construed in accordance with the evident intent of the legislature
without regard to the rejected word, phrase or clause.
- If there is no meaning in it, there is no need to find any.

16a - Falsa demonstratio / non nocet, / cum de crpore constat.

False description does not preclude construction nor vitiate the meaning of the statute.
- The fact that a sensible reading of the text of the law may show that some words are
missing therein due to clerical error or oversight does not preclude giving the statute a
construction that will carry out the intent of the law.
- Neither does false description preclude construction nor vitiate the meaning of the
statute which is otherwise clear.

17 - Ibi / quid generliter concditur, / inest haec exceptio, / si non liquid sit contras / jus
basque.
Where anything is granted generally, exemption from rigid application of law is implied: that
nothing shall be contrary to law
- Equity as well as the exceptional situations in a case may require a departure from the
established rule.
- Compelling reasons may justify reading an exception to a rule where the latter does not
provide any.

18a - Summum jus, / summa injria.

The rigor of the law would be the highest injustice.
- Where the rigorous application of the law would result in preventing a fair and impartial
injury to the actual facts of a case, the exigencies of justice demand that the general rule
should yield to occasional exceptions whenever there are weighty reasons therefor.
- Where a rigid application of law would work injustice, an exemption therefrom to prevent
such result on humanitarian and equitable grounds is warranted, even though the literal
import of the law suggests no such exemption.

19a - Nemo / tenetur ad impossiblia.

The law obliges no one to perform an impossibility.
19b - Impossiblium nulla / obligtio est.
There is no obligation to do an impossible thing.
 - A statute may so be so construed as to require compliance with that it prescribes cannot,
at the time, be legally accomplished. It should instead be construed in such a way that
substantial compliance with what the law requires is sufficient.
- The provision must be given such interpretation that is in accordance with logic, common
sense reasonableness and practicability.

IMPLICATIONS
20a - Ex necessitate legis.
By the necessary implication of law.
20b - In eo / quod plus sit, / semper inest et minus.
The greater includes the lesser.
- Doctrine of necessary implication what is implied in a statute is as much a part thereof
as that which is expressed.
- Every statute is understood, by implication, to contain all such provisions as may be
necessary to effectuate its object and purpose or to make effective rights, powers,
privileges, or jurisdiction which it grants, including all such collateral and subsidiary
consequences as may be fairy and logically inferred from its terms.
- Necessity defines what may properly and logically be inferred from and read into the
statute.
- It includes such inferences as may be logically drawn from the purpose or object of the
statute, from what the legislature must be presumed to have intended, and from the
necessity of making the statute effective and operative. It excludes what is merely
plausible, beneficial or desirable.

21a - Ubi jus, / ibi remdium.

Where there is a right, there is a remedy for the violation thereof.
- The existence of a right in favor of a person implies a corresponding obligation on the part
of another who violates such right, and entitles the former to a remedy to assure its
observance and vindication therefor.
- The fact that the statute is silent as to the remedy does not preclude hi from vindicating
his right, for such remedy is implied from such right.
- Where the Constitution declares that a right exists in certain specified circumstance, an
action may be maintained to enforce such right notwithstanding the absence of any
legislation on the subject
- If there is no statute especially enacted to enforce such constitutional right, such right
enforces itself by its own inherent potency and puissance, and from which all legislations
must take their bearings.

22a - Ex dolo malo / non ritur actio.

An action does not arise from fraud.
22b - Nullus / cmmodum cpere potest / de injuria sua propria.
No one may derive advantage from his own unlawful act.
- Where a statute prohibits the doing of an act, the act done in violation thereof is by
implication null and void
 - The prohibited act cannot serve as a foundation of a cause of action for relief
- No man can e allowed to found a claim upon his own wrongdoing or inequity

22c - In pari delicto / ptior est condtio defendentis.

Where the parties are equally at fault, the position of the defending party is the better one.
- A party to an illegal contract cannot come to court and ask that his illegal object be carried
out.
- The law will not aid either party to an illegal agreement; it leaves the parties where it finds
them
- Thus, a citizen who sold his land to an alien in violation of the constitutional restriction
cannot annul the same and recover the lad, for both seller and buyer are guilty of having
violated the Constitution

23 - Quando liquid / prohibetur ex directo, / prohibetur et per oblquum.

What cannot by law be done directly cannot be done indirectly.
- What the law prohibits cannot, in some other way, be legally accomplished
- Where a corporation is forbidden from doing an act, the prohibition extends to the board
of directors and to each director separately and individually

INTERPRETATION OF WORDS AND PHRASES

IN GENERAL
24a - Generlia verba / sunt generliter intelligenda.
General words should not be understood in their general sense.
24b - Generale dictum / generliter est interpretandum
A general statement is understood in its general sense.
- A word of general significance is to be taken in its ordinary and comprehensive sense,
unless it is shown that the word is intended to be given a different or restricted meaning.
- Where a word used in a statute has both restricted and general meaning, the general
must prevail over the restricted unless the nature of the subject matter or the context in
which it is employed clearly indicates that the limited sense is intended
- Where a general word is used in a statute, its generic meaning may not be restricted by
other word, unless the intention to do so is clear and manifest.
- A general word should not be given a restricted meaning where no restriction is indicated.

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
passiage andthus keeps legislation from becoming ephemeral and transitory

25a - Verba / accipienda sunt / secundum subjectam matriam.

A word is to be understood in the context in which it is used.
- While ordinarily a word or term used in a statute will be given its usual and commonly
understood meaning, the context in which the word or term is employed may dictate a
different sense.
- The context in which the word is used oftentimes determines its meaning.
 - The context may likewise give a broad sense to a word of otherwise ordinarily limited
meaning.
- The context in which the same word is used in different parts of a statute may give it a
generic sense in one part and a limited meaning in another part

26 - Ubi lex non distnguit / necnon / distnguere debemus.

Where the law does not distinguish, the courts should not distinguish.
- The general term or phrase should not be reduced into parts and one part distinguished
from the other so as to justify its exclusion from the operation of the law.
- There should be no distinction in the application of a statute where none is indicated.
- Where the law does not make any exception, courts may not except something
therefrom, unless there is compelling reason apparent in the law to justify it
- Where the legislature has clearly laid down a rule for one class of cases it is not readily to
be supposed that, in the same act, a different rule has been prescribed for another class
of cases within the same as the first

ASSOCIATED WORDS
28 - Nonscitur / a sociis.
A thing is known by its associates.
- Where a particular word or phrase is ambiguous in itself or is equally susceptible of
various meanings, its correct construction may be made clear and specific by considering
the company of words in which it is found or with which it is associated
- Where a particular word is obscure or of doubtful meaning, taken by itself, the obscurity
or doubt may be removed by reference to the meaning of associated or companion words
- Where the law does not define a word used therein, it will be construed as having a similar
meaning to that of words associated with or accompanied by it
- Where most of the words in an enumeration of words in a statute are used in their generic
and ordinary sense, the rest of the words should similarly be construed
- Where a word with more than one meaning is associated with words having specific or
particular signification, the former should be given a specific or particular meaning

29 - Ejusdem generis.
Of the same kind or specie.
- Where a general word or phrase follows an enumeration of particular and specific words
of the same class or where the latter follow the former, the general word or phrase is to
be construed to include, or to be restricted to, persons, things or cases akin to,
resembling, or of the same kind or class as those specifically mentioned
- Where general words follow an enumeration of persons or things, by words of a particular
meaning, such general words are not to be construed in their widest extent, but are
heldto be applicable only to persons or things of the same kind or class specifically
mentioned
- Requisites:
o A statute contains an enumeration of a particular and specific words, followed by
a general word or phrase
 o The particular and specific words constitute a class or are of the same kind
o The enumeration of the particular and specific words is not exhaustive or is not
merely by examples
o There is no indication of legislative intent to give the general words or phrases a
broader meaning

30a - Expressio unus / est exlusio altrius.

The express mention of one person, thing or consequence implies the exclusion of all others.
- The expression of one or more things of a class implies the exclusion of all not expressed,
even though all would have been implied had none been impressed
- Anything that is not included in the enumeration is excluded therefrom and a meaning
that does not appear nor is intended or reflected in the very language of the statute
cannot be placed therein
- Generally used in the construction of statutes granting powers, creating rights and
remedies, restricting common rights, and imposing penalties and forfeitures, as well as
those statutes which are strictly construed
- If a statute enumerates the things upon which it is to operate, everything else must
necessarily, and by implication, be excluded

30b - Expressum / facit cessare / tcitum.

What is expressed puts an end to that which is implied.
- Where a statute, by its terms, is expressly limited to certain matters, it may not, by
interpretation or construction, be extended to other matters

31 - Argumentum a contrrio.
Negative-Opposite: What is expressed puts an end to which is implied.
- Negative-opposite doctrine
- A statute which exempts the wife of a naturalized American for detention for treatment
in a hospital relates only to the wife of a naturalized citizen and not to a native-born
citizen without usurping the legislative function.

32 - Casus omissus / pro omisso / habendus est.

A person, object or thing being omitted from an enumeration must be held to have been omitted
intentionally.
- Operates only if and when the omission has been clearly established, and in such a case,
what is omitted in the enumeration may not, by construction, be included therein
- The court cannot under its power of interpretation supply the omission even though the
omission may have resulted from inadvertence or because the case in question was not
foreseen or contemplated

33 - Ad prximum antecedens / fiat relatio / nisi impediatur sentntia.

A qualifying word or phrase should be understood as referring to the nearest antecedent.
- Doctrine of last antecedent
 - Qualifying words restrict or modify only the words or phrases which are distantly or
remotely located. In other words, in the absence of legislative intent to the contrary,
preferential and qualifying words and phrases must be applied only to their immediate or
last antecedent, and not to the other remote or preceding words or association of words
- The use of a comma to separate an antecedent from the rest exerts a dominant influence
in the application of the doctrine of last antecedent
- The qualifying effect will be confined to its immediate antecedent if the latter is separated
by a comma from other antecedents

34 - Reddendo / sngular sngulis.

Referring to each or referring each phrase or expression to its appropriate object, or let each be
put in its proper place.
- The antecedents and consequences should be read distributively to the effect that each
word is to be applied to the subject to which it appears by context most appropriately
related and to which it is most applicable

PROVISOS, EXCEPTIONS AND SAVING CLAUSES

Provisio
- To limit the application of the enacting clause, section, or provision of a statute, or to
except something therefrom, or to qualify or restrain its generality, or to exclude some
possible ground of misinterpretation of it, as extending to cases not intended by the
legislature to be brought within its purview
- To restrain or qualify the generality of the enacting clause or section to which it refers
- To limit or restrict the general language or operation of the statute, not to enlarge it
- Commonly found at the end of a section, or provision of a statute

Exception
- That which would otherwise be included in the provision from which it is excepted
- A clause which exempts something from the operation of a statute by express words

PROVISO EXCEPTION
Defeats the operation of something from a Excempts something absolutely form the
statute conditionally operation fof a statute, by express words in
the enacting clause
Avoids something that otherwise would be a Takes out of the statute something that
part of the subject matter by way of otherwise would be a part of the subject
defeasance or excuse matter of it
The enactment is modified by engrafting upon Generally a part of the statute itself,
it a new provision, by way of amendment, absolutely excluding from its operation some
providing conditionally for a new case subject or thing that otherwise would fall
under its scope
They both except something from an enacting clause
35 - Exceptio / firmat rgulam / in csibus non exceptis.
A thing not being expected must be regarded as coming within the purview of the general rule.
- The express mention of exceptions operates to exclude other exceptions
- Conversely, those which are not within the enumerated exceptions are deemed included
in the general rule
- Where a statute expressly excepts certain matters from the operation of the statute, the
implication is that without such exception, the matter comes within the general rule
- Exceptions, as a general rule, should be strictly but reasonably construed. They extnd only
so far as their language fairly warrants and all doubts should be resolved in favor of the
general provisions rather than the exception
- Where a general rule is established by a statute with exceptions, the cout will not curtail
the former nor add the latter by implication

Saving clause
- Clause in a provision of law which operates to except form the effect of the law what the
clause provides, or to save something which would otherwise be lost
- Usually used to except something from the effect of a repeal of a statute

STATUTE CONSTRUED AS A WHOLE AND IN RELATION TO OTHER STATUTES

STATUTE CONSTRUED AS A WHOLE
36a - ptima statuti interpretatrix est / ipsum statutum.
The best interpreter of the statue is the statute itself.
- The intent or meaning of a statute should be ascertained from the statute taken as a
whole and not from an isolated part or provision thereof
- The legislative meaning is to be extracted from the statute as a whole
- Its clauses are so to be segregated, but every part of a statute is to be construed with
reference to every other part and every word and phrase in connection with its context
- The law is the best expositor of itself

36b - Ex tota matria / emergat resoltio.

The exposition of a statute should be made from all its parts combined
- A provision or section which is unclear by itself may be made clear by reading and
construing it in relation to the whole statute
- In order to properly and intelligently construe a provision or section of a statute,
understand its meaning and scope, and apply it to an actual case, the courts should
consider the whole act itself
- Every part of a statute should be given effect because a statute is enacted as an integrated
measure and not as a hodgepodge of conflicting provision

37 - Interpretatio fienda est / ut res magis vleat quam preat.

A law should be interpreted with a view of upholding rather than destroying it.
- Courts should adopt a construction that will give effect to every part of a statute, if at all
possible
 - In construing a statute, courts have to take the thought conveyed by the statute as a
whole; construe the constituent parts together; ascertain the legislative intent form the
whole act; consider each and every provision thereof in the light of the general purpose
of the statute; and endeavor to make every part effective, harmonious, and sensible
- A construction that would render a provision inoperative should be avoided; instead,
apparently inconsistent provisions should be reconciled whenever possible as parts of a
harmonious and coordinated whole

38 - Pari matria
Of the same matter.
- Statutes are in pari materia when they relate to the same person or thing, or have the
same purpose or object or cover the same specific or particular subject matter
- The later statute may specifically refer to the prior statutes
- It is sufficient, in order that they may be considered in pari materia, that the two or more
statutes relate to the same specific subject matter
- Two or more statutes are not in pari material if they refer to different specific matters,
although they fall under the same broad subject

38b - Interpretare et concordare / leges lgibus / est ptimus interpretandi modus.

Every statute must be so construed and harmonized with other statutes as to have a uniform
system of law.
- A statute should be so construed not only to be consistent with itself but also to
harmonize with other laws on the same subject matter, as to form a complete, coherent,
and intelligible system
- Consistency in statutes as in executive issuances is of prime importance and in the
absence of showing to the contrary, all laws are presumed to be consistent with each
other
- Whenever it is possible to do so, it is the duty of the courts, in the construction of statutes,
to harmonize and reconcile them, and to adopt a construction of a statutory provision
which harmonizes and reconciles it with other statutory provisions
- Every statute should be construed in such a way as will harmonize it with existing laws
- Statues in pari materia must be construed together to attain the purpose of an express
national policy
- The assumption is that whenever the legislature enacts a law, it has in mind the previous
statutes in relating to the same subject matter, and in the absence of any express repeal
or amendment, the new statute is deemed enacted in accord with the legislative policy
embodied in those prior statutes

39a - Distngue tmpora / et concordabis jura.

Distinguish times and you will harmonize law.
- Where two or more statutes on the same subject were enacted at different times and
under dissimilar circumstances or conditions, their interpretation should be in accordance
with the circumstances or conditions peculiar to each, in order that the statutes may be
armonized or better understood
 1. Statues in pari materia
2. General statute
o A statute which applies to all of the people of the state or to all of a particular class
of eprsons in the state with equal force
3. Special statute
o Relates to particular persons or things of class or to a portion or section of the
state only
4. Reference statute
o refers to other statutes and makes them applicable to the subject of legislation
o Incorporation in a statute of another statute by reference
o Must be harmonized with the adopted statute
5. Supplemental statutes
o Intended to supply deficiencies in an existing statute and to add, to complete, or
extend the statute without changing or modifying its original text
o The original statute and the supplemental act should be read and construed
together
6. Reenacted statutes
o Reenacts a previous statute or the provisions thereof
o The provisions of an earlier statute are reproduced in the same or substantially
the same words

STRICT OR LIBERAL CONSTRUCTION

40a - Salus ppuli / est suprema lex.
The welfare of the people is the supreme law.
40b - Statuta / pro pblico cmmodo / late intepretantur.
Statutes enacted for the public good are to be construed liberally.
- The principles of social justice as enshrined in the Constitution should be taken into
account in the interpretation and application of laws
- The reason of the law lies in the soil of the common welfare
- Statutes must be interpreted in light of the growth of civilization and varying conditions

41a - Actus / non facit reum / nisi mens sit ren.

The act does not make a person guilty unless the mind is also guilty.
41b - Actus / me invito factus / non est meus actus.
An act done by me against my will is not my act.
- A penal statute will not be construed to make the commission of certain prohibited acts
criminal without regard to the intent of the doer, unless there is a clear legislative intent
to the contrary
- To constitute a crime, evil intent must combine with the act
- Mala in se penalized under the RPC; intent is material
- Mala prohibita penalized by special laws; intent is immaterial

42a - Privilgia / recipiunt largam intepretationem / voluntate consonam concendentis.

Privileges are to be interpreted in accordance with the will of him who grants them.
- Those who invoke a special privilege granted by a statute must comply strictly with the
provisions
- He who fails to comply strictly with the will of the grantor loses such privileges

44 - Nullum tempus occurit / regi.

There can be no legal right as against the authority that makes the law on which the right
depends.
- Applied to statutes authorizing suits against the government
- State may not be sued without its consent

STATUTES STRICTLY CONSTRUED STATUTES LIBERALLY CONSTRUED

That construction according to the letter of a Equitable construction as will enlarge the
statute, which recognizes nothing that is not letter of a statute to accomplish its intended
expressed, takes the language used in its exact purpose, carry out its intent, or promote
meaning, and admits no equitable justice
consideration Expands the meaning of a statute to meet
The scope of a statute shall not be extended cases which are clearly within the spirit or
or enlarged by implication, intendment, or reason thereof or within the evil which the
equitable consideration beyond the literal statute was designed to remedy, or which
meaning of its terms gives a statute its generally accepted meaning
to the end that the most comprehensive
application thereof may be accorded, without
being inconsistent with its language or doing
violence to any of its terms
Words should receive a fair and reasonable
interpretation so as to attain the intent, spirit
and purpose of the law
1. Penal statutes 1. General social legislation
2. Statutes in derogation of rights a. General welfare legislation those
3. Statutes authorizing expropriations enacted to implement the social
4. Statutes granting privileges justice and protection-to-labor
42a - Privilgia / recipiunt largam provisions of the Constitution
intepretationem / voluntate consonam 2. General welfare clause
concendentis. 3. Grant of power to local government units
Privileges are to be interpreted in 4. Statutes granting taxing power
accordance with the will of him who 5. Statutes prescribing prescriptive period to
grants them. collect taxes
- Those who invoke a special 6. Statutes imposing penalties for
privilege granted by a statute must nonpayment of taxes
comply strictly with the provisions 7. Election laws
- He who fails to comply strictly with 8. Amnesty proclamations
the will of the grantor loses such 9. Statutes prescribing prescriptions of
privileges crimes
 5. Legislative grants to local government 10. Adoption statutes
units 11. Veteran and pension laws
6. Statutory grounds for removal of officials 12. Rules of court
7. Naturalization laws 13. Other statutes
8. Statutes imposing taxes and customs a. Curative statutes
duties b. Redemption laws
9. Statutes granting tax exemptions c. Warehouse receipt laws
43 - Strictssimi juris. d. Probation law
Follow the law strictly. e. Statute granting powers to an
o States granting tax exemption are agency created by the Constitution
construed strictissimi juris against
the taxpayer and liberally in favor
of the taxing authority
10. Statutes concerning the sovereign
11. Statutes authorizing suits against the
government
12. Statutes prescribing formalities of will
13. Exceptions and provisos

MANDATORY AND DIRECTORY STATUTES

45a - Vigilntibus et non dormintibus / jura subveniunt.
The law aids the vigilant, not those who slumber on their rights.
45b - Ptior est in tmpore,/ ptior est in jure.
He who is first in time is preferred in right.
- Statutes which require certain steps to be taken or certain conditions t be met before
persons concerned can avail of the benefits conferred by law are, with respect to such
requirements, considered mandatory
- Failure of a person to take the required steps or to meet the conditions will ordinarily
preclude him from availing of the statutory benefits

MANDATORY STATUTE DIRECTORY STATUTE

Statute which commands either positively Statute which is permissive or discretionary in
that something be done or performed in a nature and merely outlines the act to be done
particular way, or negatively hat something in such a way that no injury can result from
not be done, leaving the person concerned no ignoring it or that its purpose can be
choice o the matter except to obey accomplished in a manner other than
prescribed and substantially the same result
obtained
Shall or must May
Negative, prohibitory or exclusive terms
1. Conferring power 1. Prescribing guidance for officers
 2. Granting benefits 2. Prescribing manner of judicial action
3. Prescribing jurisdictional 3. Requiring rendition of decision within
requirements prescribed period
4. Prescribing time to take action or to 4. Constitutional time provision directory
appeal
5. Prescribing procedural requirements
6. Election laws on conduct of election
7. Election laws on qualification and
disqualification
8. Prescribing qualifications for office
9. Relating to assessment of taxes
10. Concerning public auction sale

PROSPECTIVE AND RETROACTIVE STATUTES

46a - Lex prspicit, / non rspicit.
The law looks forward, not backward.
46d - Lex de futuro, / judex de praetrito.
The law provides for the future, the judge for the past
46c - Nova constitution / futuris formam impnere debet non praeteritis.
A new statute should affect the future, not the past.
- Laws operate prospectively and not retroactively unless the intention to the contrary
appears
- Statutes are only to be construed as having only prospective operation unless it is the
intendment of the legislature to give them retroactive effect is expressly declared or is
necessarily implied from the language used

GENERAL RULE:
47 Nullum crimen sine poena, / nulla poena sine lege.
There is no crime without a penalty. There is no penalty without a law.
- No penal law can have retroactive effect, no act or omission shall be held to be a crime,
nor is the author punished, except by virtue of a law in force at the time the act was
committed
- No ex post facto law or bill of attainder

EXCEPTION:
48 - Favorabilia sunt amplianda, / odiosa rstringenda.
Penal laws which are favorable to the accused are given retroactive effect.
- Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony
who is not a habitual criminal

PROSPECTIVE STATUTE RETROACTIVE STATUTE

Operates upon facts or transactions that occur Creates a new obligation, imposes a new duty
after the statute takes effect or attaches a new disability in respect to a
One that looks and applies to the future transaction already past
 1. Penal statutes 1. Procedural laws
2. Substantive statutes 2. Curative statutes
3. Affecting vested rights 3. Police power legislations
4. Affecting obligations of contract 4. Relating to prescription
5. Repealing and amendatory acts 5. Prescription in criminal and civil cases
6. Relating to appeals

AMENDMENT, REVISION, CODIFICATION AND REPEAL

49 Leges posteriores / priores contrrias brogant.
Later statutes repeal prior ones which are repugnant thereto.
- Two inconsistent laws on the same subject cannot coexist in one jurisdiction. There
cannot be two conflicting laws on the same subject
- Either they are reconciled or if they cannot, the later law repeals the prior law
- As between two laws on the same subject which are irreconcilably inconsistent, that
which is passed later prevails

50 - Generalia / specilibus /non drogant.

A general law does not nullify a specific or a special law.
- A general law on a subject does not operate to repeal a prior special law on the same
subject
- Presumption against implied repeal is stronger when, of two laws, one is special and the
other Is general
- Special law prevails over a general law
- The special law is constituted as an exception to the general law

AMENDMENT REVISION AND REPEAL

CODIFICATION
Change or modification, Restate the existing laws into Total or partial, express or implied
by addition, deletion or one statute, simplify A statute which has been totally
alteration of a statute complicated provisions, and repealed is rendered revoked
which survives its make the laws on the subject completely, while a partial repeal
amended form easily found eaves the unaffected portions of
Some provisions are the statute I force
inserted, some removed
By implication: neither All provisions of the old laws By implications: where statute of
resumed nor favored that are omitted are deemed later date clearly reveals a
repealed intention to abrogate a prior act,
that intention must be given effect
Takes effect after 15 Change in phraseology does Implied repeal may be through:
days from publication in not alter the construction of 1. Implication
Official Gazette or the frmer acts 2. Irreconcilable inconsistency
newspaper of gen 3. Revision or codification
circulation 4. Reenactment
Prospective application Construed as a continuation 5. When later law is expressed
of the existing statutes in the form of a universal
Protects vested rights negative
Jurisdiction of a court to 6. When later law provides
try cases is not affected specifications for a prior
general law
1. Repeal does not undo the
consequences of the operation
of the statute unless expressly
stated
2. Does not deprive the courts of
jurisdiction to hear and try
cases, as this is determined by
the law in force at the time the
action is filed
3. Defeats all actions and
proceedings, including those
which are still pending or which
arose out of or are based on
said statute
4. Does not destroy vested rights