VINCENT MASPIL

STATUTES

Other classes of statutes

According to operation
a) Declaratory
b) Curative
c) Mandatory
d) Directory
e) Substantive
f) Remedial
g) Penal
According to form
a) Affirmative
b) Negative

a) Declaratory Statute
A statute enacted to clarify prior law by reconciling conflicting judicial
decisions or by explaining the meaning if a prior statute. It merely declares
the existing law without proposing any addition or changes. The purpose of a
declaratory statute is to declare or settle the law where its correct
interpretation has been doubtful or uncertain.

b) Curative
Curative statutes are enacted to cure defects in a prior law or to validate
legal proceedings which would otherwise be void for want of conformity with
certain legal requirements. They are intended to supply defects, abridge
superfluities and curb certain evils. They are intended to enable persons to
carry into effect that which they have designed or intended, but has failed of
expected legal consequence by reason of some statutory disability or
irregularity in their own action. They make valid that which, before the
enactment of the statute was invalid. Their purpose is to give validity to acts
done that would have been invalid under existing laws, as if existing laws
have been complied with. Curative statutes, therefore, by their very
essence, are retroactive.
c) Mandatory
commands either positively that something be done in a particular way, or
negatively that something be not done; it requires OBEDIENCE, otherwise
void. A generic term describing statutes which require and not merely permit
a course of action.
- Positive- Commands that something be done, or performed in a
particular way.
- Negative- Prohibition; that something be not done, leaving the person
concerned no choice on the matter except to obey.

d) Directory
permissive or discretionary in nature and merely outlines 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; confer direction upon a person; non-
performance of what it prescribes will not vitiate the proceedings therein
taken.
When statute is mandatory or directory
 No absolute test to determine whether a statute is directory or mandatory
 Final arbiter – legislative intent
 Legislative intent does not depend on the form of the statute; must be
given to the entire statute, its object, purpose, legislative history, and to
other related statutes
 Mandatory in form but directory in nature – possible
 Whether a statute is mandatory or directory depends on whether the thing
directed to be done is of the essence of the thing required, or is a mere
matter of form, what is a matter of essence can often be determined only by
judicial construction
o Considered directory – compliance is a matter of convenience; where the
directions of a statute are given merely with a view to the proper, orderly
and prompt conduct of business; no substantial rights depend on it
o Considered mandatory – a provision relating to the essence of the thing to
be done, that is, to matters of substance; interpretation shows that the
legislature intended a compliance with such provision to be essential to the
validity of the act or proceeding, or when some antecedent and prerequisite
conditions must exist prior to the exercise of the power, or must be
performed before certain other powers can be exercised.

e) Substantive
o creates, defines or regulates rights concerning life, liberty or property, or
the powers of agencies or instrumentalities for administration of public
affairs.
o that part of law which creates, defines & regulates rights, or which
regulates rights or duties which give rise to a cause of action
o that part of law which courts are established to administer
o when applied to criminal law: that which declares which acts are crimes
and prescribe the punishment for committing them
o Cannot be construed retroactively as it might affect previous or past rights
or obligations
example:
Spouses Tirona v. Alejo
 Law: Comprehensive Land Reform Law granting complainants tenancy
rights to fishponds and pursuant to which they filed actions to assert rights
which subsequently amended to exempt fishponds from coverage of statute
 Held: Amendatory law is substantive in nature as it exempts fishponds
from its coverage

f) Remedial
which provides for the enforcement or protection of a right, or the
prevention or redress of wrong, or the establishment of the status or right of
a party, or particular fact. Consequently, every case which reaches the court
especially the highest tribunal in the land, directly or indirectly involves
procedural law. Such being the case, any attempt at surveying decisions in
this field must necessarily cover all the products of the judicial and quasi-
judicial mills that have reached the supreme court. As in the past efforts,
there is however, a realization that to do so will be less useful for the
purpose of this project that a selective approach.
g) Penal Statutes
are those that define crimes, treat of their nature and provide for their
punishment
o Acts of legislature which prohibit certain acts and establish penalties for
their violation
 Those which impose punishment for an offense committed against the
state, and which the chief executive has the power to pardon
 A statute which decrees the forfeiture in favor of the state of unexplained
wealth acquired by a public official while in office is criminal in nature

Affirmative Statute
– directs the doing of an act, or declares what shall be done in contrast to a
negative statute which is one that prohibits the things from being done, or
declares what shall not be done.
Affirmative statute does not impliedly repeal the prior law unless an
intention to affect a repeal is manifest.

Negative Statute
A negative statute repeals all conflicting provisions unless the contrary intention is disclosed. 
Legislative intent to repeal is also shown where it enacts something in general term and afterwards it
passes another on the same subject, which though expressed in affirmative language introduces special
conditions or restrictions  The subsequent statute will usually be considered as repealing by
implication the former regarding the matter covered by the subsequent act.