Statutory Construction -Notes
Definitions
Prospective Statutes
A statute which operates upon acts and
transactions which have not occurred when the
statute takes effect, that is, which regulates the
future, is a prospective statute.
Retrospective Statutes
A retrospective or retroactive law is one which
takes away or impairs vested rights acquired under
existing laws, or creates new obligations and imposes
new duties, or attached new disabilities in respect of
transaction already past.
Penal Statutes
As a rule are applied prospectively. However,
as an exception, it can be given retroactive effect if it
is favorable to the accused who is not a habitual
criminal.
Procedural Laws are retrospective
However, Rules of Procedure should not be
given retroactive effect if it would result in great
injustice and impair substantive right. (Tan, Jr. vs CA,
373 SCRA 524)
Curative Statutes are retroactive
are those which undertake to cure errors and
irregularities and administrative proceedings, and
which are designed to give effect to contracts and
other transactions between private parties which
otherwise would fail of producing their intended
consequences by reason of some statutory disability
or failure to comply with some technical requirement.
Effect should be given to the entire statute
In case of conflicting clauses and provisions,
the statute must be construed as a whole.
Pari Materia
Statutes relate to the same subject matter, or
to the same class of persons or things, or have the
same purpose or object.
General & Special Statutes
If the statutes treating a subject in general
terms and another treating a part of the same subject
in particular detailed manner, it is the duty of the
court to give effect to both. If both statutes are
irreconcilable, the general statute must give way to
the special or particular provisions as an exception to
the general provisions.
Statute and Ordinance
The rule is that if both the statute and the
ordinance can stand together, effect should be given
to both. Nevertheless, if there is conflict between an
ordinance and a statute, the ordinance must give way.
❖ All Provisions of the Constitution are Self
executing; Exceptions
❖ Prohibitory Provisions Given Literal and Strict
Interpretation
❖ The Constitutional Provision on Natural-Born
Citizens of the Philippines Given Retroactive Effect
❖ The Constitution must be Construed in its Entirety
as One, Single Document
❖ Liberal Construction of One Title One Subject Rule
❖ Resignation of the President under the 1987
-Constitution is not governed by any Formal
Requirement as to form. It can be oral. It can be
written. It can be expressed. It can be implied
Suprema Lex
The Constitution is the Supreme Law of the
land. It is the law of all laws. Hence, if there is conflict
between a statute and the Constitution, the statute
shall yield to the Constitution.
Stare Decisis retrospective effect is expressly declared or is
necessarily implied from the language used.
Doctrine of Stare Decisis or the rule of
precedents is followed in that once a case has been
decided in one way, then another case, involving the
✓ Criminal statutes with a favorable effect to the
same should be decided in the same manner.
accused have, as to him, a retroactive effect.
Doctrine

✓ Insofar as RA 8294 is not beneficial to the accused

✓ The law looks to the future only and has no because it unduly aggravates the crime, such new
retroactive effect unless the legislator may have law will not be given retroactive application, lest it
formally given that effect to some legal acquire the character of an ex post facto law.
provisions; that all statutes are to be construed as
having only prospective operation, unless the
purpose and intention of the legislature to give ✓ Procedural Laws are retrospective.
them a retrospective effect is expressly declared
or is necessarily implied from the language used;
and that every case of doubt must be resolved ✓ Procedural Laws have retroactive application
against retrospective effect.

✓ Opinions and rulings of officials of the

✓ As a rule, laws cannot be given a retroactive effect government called upon to execute or implement
in the absence of a statutory provision for administrative laws command much respect and
retroactivity or a clear implication of the law to weight.
that effect.

✓ Section 1, Rule 39 of the 1997 Revised Rules of

✓ All statutes are to be construed as having only a
prospective operation unless the purpose and the
intention of the legislature to give them a
retrospective effect is expressly declared or is
necessarily implied from the language used.
✓ Laws should only be applied prospectively unless
the legislative intent to give them retroactive
effect is expressly declared or is necessarily
implied from the language used.
Procedure should not be given retroactive effect
in this case as it would result in great injustice to
the petitioner.
✓ Procedural provisions of the Local Government
Code are retrospective.
✓ Curative statutes are validly accepted in this
jurisdiction subject to the usual qualification
against impairment of vested rights.

✓ The specific terms of a law may provide for its

retroactive effect even to contracts and ✓ Curative statutes have retrospective effect.
transactions entered into prior to its enactment.

✓ The beneficent provisions of RA 7659 shall

✓ All statutes are to be construed as having only a begiven retrospective effect.
prospective operation unless the purpose and the
intention of the legislature to give them a
✓ In case of conflict between the previous article
and later article, the latter will prevail.
✓ It is basic in statutory construction that in case of
irreconcilable conflict between two laws, the latter
enactment must prevail, being the more recent
expression of legislative will.
✓ Whenever two statutes of different dates and of
contrary tenor are of equal theoretical application
to a particular case, the statute of later date must
prevail being a later expression legislative will.
✓ A special law prevails over a general law
regardless of their dates of passage and the
special law is to be considered as remaining an
exception to the general law.
✓ A special law must be intended to constitute an
exception to the general law in the absence of
special circumstances forcing a contrary
conclusion.
✓ When Courts are confronted with apparently
conflicting statutes, they should not declare
outright the invalidity of one against the other,
but should endeavor to reconcile them.
✓ The rule is that a special and local statute
applicable to a particular case is not repealed by a
later statute which is general in its terms,
provisions and application even if the terms of the
general act are broad enough to include the cases
in the special law unless there is manifest intent
to repeal or alter the special law.
✓ It is a well-settled rule that a substantive law
cannot be amended by a procedural law.
✓ A general law cannot repeal a special law.
✓ In case of conflict between a general provision of
a special law and a particular provision of a
general law, the latter should prevail.
✓ When there is irreconcilable repugnancy between
a proviso and the body of the statute, the former
prevails as latest expression of legislative intent.
✓ Whenever there is a conflict between an
ordinance and a statute, the ordinance must give
way.
✓ Where a special statute refers to a subject in
general, which the general statute treats in
particular, the provision of the latter, in case of
conflict, will prevail.
✓ Ordinance should not contravene a statute. In
case of conflict between an ordinance and a
statute, the latter will prevail.
✓ It is a basic rule in Statutory construction that the
enactment of a later legislation which is a general
law cannot be construed to have repealed a
special law.
✓ It is elementary in statutory construction that an
administrative circular cannot supersede,
abrogate, modify or nullify a statute. A statute is
superior to an administrative circular, thus the
latter cannot repeal or amend it.
✓ Where the instrument is susceptible of two
interpretations, one which will make it invalid and
illegal and another which will make it valid and
legal, the latter interpretation should be adopted.
✓ In case of conflict between an administrative
order and the provision of the Constitution, the
latter prevails.
✓ It is basic in statutory construction that where the
law does not distinguish, we should not
distinguish.
✓ Noscitur a Sociis the term under a construction
should be accorded no other meaning than that
which is consistent with the nature of the word
associated therewith.
✓ The Court cannot go against the legislative intent
for it is the duty of this institution to read what
the law intends. It is a cardinal rule that, in
seeking the meaning of the law, the first concern
of the judge should be to discover in its provisions
the intent of the lawmaker.
✓ The first and fundamental duty of the Court is to
apply the law. If the law is clear and free from any
doubt or ambiguity as the quoted provision, there
is no room for construction or interpretation. The
letter must be taken to mean exactly what it says
and the court has no choice but to see to it that its
mandate is obeyed.

✓ It is the duty of the court to give a statute a

sensible construction, one that will effectuate
legislative intent and avoid injustice or abdsurdity.

✓ Lex Specialist Derogat Generali. General

Legislation must give way to special legislation on
the same subject, and generally is so interpreted
as to embrace only cases in which the special
provisions are not applicable.

✓ 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, priviliges, or jurisdiction
which it grants, including all such collateral and
subsidiary consquences as may be fairlt and
logically inferred from its terms.

✓ The principle of expressio unius est exlusio

alterius does not apply where other
circumstances indicate that the enumeration was
not intended to be exclusove, or where the
enumeration is by way of example only. English
trans of Maxim : "the expression of one thing is
the exclusion of the other"

✓ Penal Laws shall be given retroactive insofar as

they are favorable to the accused.

✓ The word "may" is permissive and operates to

confer discretion.