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CLASSIFICATION:

STATUTORYCONSTRUCTION

Statutory Construction . NEU College of Law

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STRICT AND LIBERAL

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Strict Construction

A close and conservative adherence to the literal or

textual interpretation thereof

The language must be given its exact and technical

meaning, with no extension on account of

implications or equitable considerations

The operation of the statute must be confined to

cases coming clearly within the letter of the statuteas well as within the spirit or reason.

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Strict Construction

Recognizes nothing that is not expressed

Takes the language used in its exact meaning

Admits no equitable consideration

Scope of statute shall not be extended or enlargedby implication, intendment or equitableconsideration

Close, conservative adherence to the literal

interpretation

Antithesis of liberal construction

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Liberal Construction

The letter of the statute is enlarged or restrained to

accomplish its intended purpose, and permits a

statute to be extended

It resolves all reasonable doubts in favor of the

applicability of the statute; however, not forced,

strained, unnatural meaning

Words should receive a fair and reasonableinterpretation

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In case of ambiguity

STRICTLY CONSTRUED

(strictissimi juris)

LIBERALLY CONSTRUED

- Statutes in Derogation of

Rights (eminent domain)

- Retirement Laws

- Naturalization Laws - Labor and Welfare

Legislation (holiday pay)

- Legislative Grants orFranchises (against

grantee)

- Legislative Grants orFranchises (for grantor)

- Formalities of Will - Election laws

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MANDATORY AND DIRECTORY

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Mandatory Statutes

Those which contain words of command or of

prohibition, and non-compliance with the same

renders the proceedings to which is relates illegal

and void

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Directory Statutes

Those which are permissible or discretionary in

nature and merely outline 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

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Mandatory VS Directory

Mandatory Directory

TERMINOLOGY SHALL, MUST MAY

MATERIALITY

OF THE

PROVISON

- Provisions which relate to

matters of substance or

which affect substantial

rights

- Not material

- Do not affect any

substantial right

- Compliance a matter of

convenience rather than

substance

CONSEQUENC

ES

- Failure of performance will

result to injury or prejudiceof substantial rights

- No injury will result

PENALTY - There is penalty for

violation

- None

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PROSPECTIVE AND RETROACTIVE

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Retroactive Statutes

One which creates a new obligation, one which

takes away or impairs vested rights acquired under

existing laws, or creates new obligations and

imposes new duty, or attaches a new disabilityin

respect of transactions or considerations already

past.

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RULE

GR: Laws operate prospectively, not retroactively

EXC:

1.If the law itself provides it will be retroactive

2.If the law is remedial in nature

3.If the law is penal in nature provided it is favorable

to the accused, not a habitual delinquent

4.If the law is curative5.If the law is of an emergency nature authorized by

police power

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REPEALING AND AMENDATORY ACT

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Repealing act

One which revokes or terminates another statute,

either by express language of by implication

REPEAL

Laws are repealed only by subsequent ones and laws

are repealed either expressly or impliedly.

Implied repeals are not looked upon with favor. Hence,

if both statutes can stand together, there is no repeal

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Repeals by implication

1. By covering the whole subject matter so that it is

intended as a substitute for the earlier statute

2. By containing provisions which are inconsistent and

irreconcilable with earlier ones.

* The courts are slow to hold a statute is repealed by

implication. Repeals and amendments by implications

are not favored.

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Amendatory Act

Makes an addition to the original laws or itoperates to change it.

EXPRESS when the AA specified the provisions of

a statute amended IMPLIED where part of a prior statute embracing

the same subject has become inconsistent with thenew provision

A statute and its amendment should be construed inits entirety. The amendment becomes part of theoriginal as if it had always been contained therein.

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OTHER KINDS

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Other kinds

REFERENCE STATUTE which refers to other statutes

and makes them applicable to the subject of

legislation

SUPPLEMENTAL STATUTES intended to supplement

deficiencies in an existing statute

REENACTED STATUTES they reenact provisions of

an earlier statute, reproduced. ADOPTED STATUTES patterned after or copied

from a statute of a foreign country.