STATUTORY CONSTRUCTION

JAPSON
Chapter 1 STATUTES
A. IN GENERAL
1.1. Laws generally
in its !ral an" #$n#rete sense% law &eans a r!le $' #$n"!#t '$r&!late" an" &a"e $(ligat$ry (y
legiti&ate p$wer $' the state. It in#l!"es stat!tes% presi"ential "e#rees an" e)e#!ti*e $r"ers.
1.2. Statutes, generally.
a statute is an act of the legislature as an organized body, expressed in the form,
and passed according to the procedure, required to the to constitute it as part of the
law of the land.
Public statute is one which afects the public at large or the whole community.
Priate statute is one which applies only to a speci!c person or sub"ect.
#eneral law is one which applies to the whole state and operates throughout the
state ali$e all the people or all of class. %ts is one which embraces a class of sub"ects
or places and does not omit any sub"ect or place naturally belonging to such class.
Special law is one which relates to particular persons or things of a class or to a
particular community indiidual or thing.
&ocal law %s one whose operation is con!ned to a speci!c place or locality.
1.'. Permanent and temporary statute
(ccording to its duration, a statute may be permanent or temporary.
Permanent statute is one whose operation is not limited in duration but continues
until repealed.
)emporary statute is a statute whose duration is for a limited period of time !xed in
the statute itself or whose life ceases upon the happening of the eent.
1.*. +ther classes of statutes.
%n respect to operation, statutes may be prospectie or retroactie.
(ccording to their operation, declaratory, curatie, mandatory, directory,
substantie, directory,substatantie, remedial, and penal.
%n respect to their forms they may be a,rmatie or negatie.
1.-. .anner of referring to statutes.
Public acts 1/01 to 1/'- passed by Philippine commission by Philippine legislature
1ommonwealth act 1/'2 to 1/*2 enacted during commonwealth
3epublic acts 1/*2 to 1/42 and also 1/54 constitution
6atas pambansa by batasang pambansa
6. 78(1).78) +9 S)():)7S
1.02. &egislatie power, generally.
&egislatie power is the power to ma$e, alter and repeal laws. ;ested in congress.
1.04 congress< legislatie power.
)he constitution proides that =the legislatie power shall be ested in the 1ongress
of the Philippines which shall consist of Senate and house of representaties, except
to the extent resered to the people by the proision on initiatie and referendum.>
%t is the peculiar proince of the legislature to prescribe the rules for the
goernment of the society. )he essential determination of the legislatie function is
the determination of the legislatie policy and its formulation and promulgation as a
de!ned and binding rule of conduct.
1.0/. passage of bill
( bill is a proposed legislatie measure introduced by a member of 1ongress for
enactment into law.
( bill shall embrace only one sub"ect which shall be expressed in the title thereof. %t
shall be signed by the author?s@ and !led with the secretary of the house.