SANTOS, Regina Carmela T.

BSLM 3B

STATUTORY CONSTRUCTION
Review Questions For Chapter 1 and 2
1. What is a Statute?
A statute is an enactment of a legislative body expressed in a document. It is passed after following procedures
passed which are required to constitute it as a part of the law of the land. The development of law takes place
through statutory enactments and decisions. (Dodd, June 1922) The relative importance of these factors varies
from one field to another of the law, and to some extent from one jurisdiction to another. (Ibid) The legislative
power is vested in the Congress of the Philippines which have the authority to make laws, to alter and repeal
them.
2. What is Statutory Construction?
Statutory Construction is the art or process of discovering and expounding the meaning and intention of the
authors of the law, where that intention is rendered doubtful by reasons of ambiguity in its language or the fact
that the given case is not explicitly provided for in the law (Black law Dictionary, 8th Edition p. 1452). It is use
as a tool to interpret an ambiguous statute, not to mention limited scope in legislative drafting, to be able to
determine the intent of the legislators. According to several luminaries, in cases of doubt as to the interpretation
of the law, it shall be interpreted not by the letter of the text that kill it but the spirit that give it life. Also, the
Article 10 of the Civil Code of the Philippines provides that In case of doubt in the interpretation or application
of laws, it is presumed that the law-making body intended right and justice to prevail.
II. Define the following concepts: (2 points for every correct answer)
1. Public Statute
 Public Statute generally affects the public at large or the whole community.
2. General
 General is a classification of a public statute that applies to the whole state and operates
throughout the state alike upon all the people or all class.
3. Special
 Special is also another classification of a public statute which relates to a particular persons or
things of a class or to a particular community, individual or thing.
4. Local
 Local is also a classification of a public statute and its operation is confined to a specific place or
locality.
5. Private law
 Private law is confined to particular individuals, association or corporation.
6. Curative
 Curative law attempts to cure or correct irregularities in judicial or administrative proceedings.
7. Penal
 Penal law imposes punishment for the crime committed.
8. Prospective
 Prospective operates upon or regulates acts or transactions taking place after it takes effect.
9. Retrospective

  Retrospective affects acts already committed, or transactions already completed before it
becomes effective.
10. Declaratory
 Declaratory is a statute enacted to clarify prior law by reconciling conflicting judicial decisions.

III. Enumerate the kinds of statutes and describe each.

1. Legislative acts
 Legislative acts are decisions adopted under the ordinary or special legislative procedure.
2. Presidential issuances
 Those which the president issued in the exercise of his ordinance power.
2.1 Executive Orders
 Acts of the President providing for rules of a general or permanent character in implementation
or execution of constitutional or statutory powers.
2.2 Administrative Orders
 Acts of the President which relate to particular aspect of governmental operations in pursuance
of his duties as administrative head.
2.3 Proclamations
 It refers to the acts of the President that fixes a date or declaring a status or condition of Public
interest.
2.4 Memorandum Orders
 Acts of the President on matters of administrative detail or of subordinate or temporary interest
which only concern a particular officer or office of the government.
2.5 Memorandum Circulars
 It refers to the acts of the President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the departments, agencies, bureaus or
offices of the Government, for information or compliance.
2.6 General or Special Orders
 Acts and commands of the President in his capacity as Commander-in-Chief of the Armed
Forces of the Philippines
3. Administrative rules and regulations
 This pertains to the issued rules and regulations by administrative or executive offices, as duly
authorized by law.
4. Local government units
 power to enact ordinances.
5. Supreme Court rule-making power
 The Constitution granted the Supreme Court to promulgate its own rules.