ELS: Statutory Construction

Finals Q&A

Twenty19 1

Answered by: Rae

1. What does the rule grant of power includes all incidental powers necessary to make the
exercise thereof means?
Answer: When a general power is conferred or duty enjoined, every particular power necessary for the
exercise of one or the performance of the other is also conferred. The incidental powers are those which
are necessarily included in, and are therefore of lesser degree than the power granted.
2. What are the exceptions to the rule stated above?
Answer: The principle that the grant of power includes all incidental powers necessary to make the
exercise thereof effective implies the exclusion of those which are greater that that conferred. Thus:
Power of supervision does not include power to suspend or removal
Power to reorganize does not include the authority to deprive the courts certain jurisdiction and
to transfer it to a quasi-judicial tribunal
Power to regulate business does not include power to prohibit
3. Define and state the reasons of the following maxims:
a. Redendo sinngula singulis
Answer: Reddendo singula singulis is a Latin term that means by referring each to each; referring each
phrase or expression to its corresponding object or let each be put in its proper place, that is, the words
should be taken distributively. As a rule, it requires that the antecedents and consequences should be
read distributively to the effect that each word is to be applied to the subject to which it appears by
context most appropriately related and to which it is most applicable.
b. Casus omissus pro omisso habenus est
Answer: The rule of Casus omissus pro omisso habenus est states that a person, object or thing omitted
from an enumeration must be held to have bean omitted intentionally. The maxim operates and applies
only if and when the omission has been clearly established, and in such a case what is omitted in the
enumeration may not, by construction, be included therein. The rule does not apply where it is shown
that the legislature did not intend to exclude the person, thing or object from the enumeration.
c. Ejusdem generis
Answer: It means of the same kind, class, or nature. In statutory construction, the "ejusdem generis
rule" is that where general words follow an enumeration of persons or things, by words of a particular
and specific meaning, such general words are not to be construed in their widest extent, but are to be
held as applying only to persons or things of the same general kind or class as those specifically
mentioned. The purpose of the rule is to give effect to both particular or general words, by treating the
particular words as indicating the class and the general words as indicating all that is embraced in said
class, although not specifically named by the particular words.
Limitations of ejusdem generis

Requisites:
Statute contains an enumeration of particular & specific words, followed by general word or
phrase
Particular and specific words constitute a class or are the same kind
Enumeration of the particular & specific words is not exhaustive or is not merely by examples
There is no indication of legislative intent to give the general words or phrases a broader
meaning

Rule of ejusdem generis, is not of universal application; it should use to carry out, not defeat the intent
of the law.
d. Noscitur a sociis
Answer: A latin term for 'it is known by the company it keeps', it is the concept that the intended

ELS: Statutory Construction

Finals Q&A

Twenty19 2

meaning of an ambiguous word depends on the context in which it is used. Under the doctrine of
noscitur a sociis, where a particular word or phrase is ambiguous in itself or equally susceptible of
various meanings, its correct construction may be made clear and specific by considering the company
of words in which it is found or with which it is associated.
e. Ubi lex non distinguit, nec nos ditinguere debemus
Answer: It means, where the law does not distinguish, courts should not distinguish. General term or
phrase should not be reduced into parts and one part distinguished from the other to justify its
exclusion from operation. Where the law does not make any exception, courts may not except
something therefrom, unless there a compelling reason to justify it. The presumption is that the
legislature made no qualification in the general use of a term.
f. cessarte ratione legis, cessat ety ipsa lex
Answer: The meaning of the maxim is when the reason of a law ceases, the law itself ceases. This
means that no law can survive the reasons on which it is founded. It needs no statute to change it; it
abrogates itself. If the reasons on which a law rests are overborne by opposing reasons, which in the
progress of society gain a controlling force, the old law, though still good as an abstract principle, and
good in its application to some circumstances, must cease to apply as a controlling principle to the new
circumstances.
4. When can departure from literal interpretation of the statutes be done in the light of the maxim,
Dura lex sed lex?
Answer: When what the legislature had in mind is not accurately reflected in the language of the
statute, resort is had to the principle that the spirit of the law controls its letter.
5. A ten year old girl, was requested by an American tourist to teach his niece the Filipino
language. Trustingly, the girl went to the apartment of the American stranger and there she was
raped 10 times and was detained for 4 days. This American was able to escape from jail and
avoid punishment. An award of Php 10 million was granted to the child for damages. A writ of
attachment was issued against the dollar bank deposit of the American tourist in PNB and
Central Bank. But the 2 banks refused to honor the same invoking sec. 8 of RA 6426, which
provides in part ...that foreign currency shall be exempt from attachment, garnishment or any
order of the court...
Issue: Whether or not a dollar bank deposit in a Philippine bank of a foreign tourist can be
attached to satisfy moral damages awarded to the latter's raped victim.
Held?
Answer: Supreme Court ruled that the questioned law makes futile the favorable judgment and award of
damages that Salvacion and her parents fully deserve. It then proceeded to show that the economic
basis for the enactment of RA No. 6426 is not anymore present; and even if it still exists, the questioned
law still denies those entitled to due process of law for being unreasonable and oppressive. The
intention of the law may be good when enacted. The law failed to anticipate the iniquitous effects
producing outright injustice and inequality such as the case before us.
Further, the SC said: In fine, the application of the law depends on the extent of its justice.
Eventually, if we rule that the questioned Section 113 of Central Bank Circular No. 960 which exempts
from attachment, garnishment, or any other order or process of any court, legislative body, government
agency or any administrative body whatsoever, is applicable to a foreign transient, injustice would
result especially to a citizen aggrieved by a foreign guest like accused Greg Bartelli. This would negate
Article 10 of the New Civil Code which provides that in case of doubt in the interpretation or application
of laws, it is presumed that the lawmaking body intended right and justice to prevail.(Salvacion v.
Central Bank)
6. What are the different kinds of aids to construction?
Answer:
1. title
2. preamble
3. context of whole text
4. punctuation marks

ELS: Statutory Construction

Finals Q&A

Twenty19 3

5. capitalization of letters
6. headnotes or epigraphs
7. lingual text
8. intent or spirit of the law
9. policy of law
10. purpose of law or mischief to be suppressed
11. dictionaries
12. consequences of various constructions
13. presumptions
14. legislative history
15. contemporaneous construction
7. What are the different mandatory and directory statutes?
Answer: 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
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
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
Mandatory Statutes:
Statutes conferring power
Statutes granting benefits
Statutes prescribing jurisdictional requirements
Statutes prescribing time to take action or to appeal
Statutes prescribing procedural requirements
Election laws on conduct of election
Election laws on qualification and disqualification
Statutes prescribing qualifications for office
Statutes relating to assessment of taxes
Statutes concerning public auction sale
Directory Statutes
Statutes prescribing guidance for officers
Statutes prescribing manner of judicial action
Statutes requiring rendition of decision within prescribed period
Answered by: Apple

ELS: Statutory Construction

Answers:

Finals Q&A

Twenty19 4

ELS: Statutory Construction

Finals Q&A

Twenty19 5

1. No. The two elements of the offense covered by P.D. 9(3) must be alleged in the Information in order
that the latter may constitute a sufficiently valid charged. The sufficiency of an Information is
determined solely by the facts alleged therein. Where the facts are incomplete and do not convey the
elements of the crime, the quashing of the accusation is in order.
In the construction or interpretation of a legislative measure, the primary rule is to search for and
determine the intent and spirit of the law. Legislative intent is the controlling factor, for whatever is
within the spirit of a statute is within the statute, and this has to be so if strict adherence to the letter
would result in absurdity, injustice and contradictions. Because of the problem of determining what acts
fall within the purview of P.D. 9, it becomes necessary to inquire into the intent and spirit of the decree
and this can be found among others in the preamble or, whereas" clauses.
It is a salutary principle in statutory construction that there exists a valid presumption that undesirable
consequences were never intended by a legislative measure, and that a construction of which the
statute is fairly susceptible is favored, which will avoid all objectionable, mischievous, indefensible,
wrongful, evil, and injurious consequences.
2.

ELS: Statutory Construction

Finals Q&A

Twenty19 6

Answered by Hanna:
1. What is the Doctrine of Necessary Implication? When can it be applied? P. 254
The Doctrine of Necessary Implication is one of the rules in statutory construction to fill in the gap of
every statute enacted. These are the so-called gaps in the law develop as the law enforced. It also
states that what is implied in a statute is as much part thereof as that which is expressed.
It can be applied when the statute being enacted cannot provide all the details involved in its
application; and whenever there is an omission that may not meet a particular situation.
2. What may be implied from grant of jurisdiction? Give the exception and exception to the exceptions.
P.259
The grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ all
writs, processes and other means essential to make its jurisdiction effective. Where a court has
jurisdiction over the main cause of action, it can grant relief incidental thereto, even if they would
otherwise be outside its jurisdiction.
Where a general power is conferred or duty enjoined, every particular power necessary for the exercise
of one or the performance of the other is also conferred. The incidental powers are those which are
necessarily included in, and are therefore of lesser degree than the power granted.
EXCEPTIONS: (NOT SURE )
Grant of power excludes greater power

ELS: Statutory Construction

Finals Q&A

Twenty19 7

The principle that the grant of power includes all incidental powers necessary to make the exercise
thereof effective implies the exclusion of those which are greater than that conferred
o Power of supervision DOES NOT INCLUDE power to suspend or removal
o Power to reorganize DOES NOT INCLUDE the authority to deprive the courts certain jurisdiction and to
transfer it to a quasi-judicial tribunal
o Power to regulate business DOES NOT INCLUDE power to prohibit
What is implied should not be against the law
Power to appoint includes power to suspend or remove
Power to appoint a public officer by the President includes power to remove
Power to investigate officials DOES NOT INCLUDE the power to delegate the authority to take
testimony of witnesses whose appearance may be required by the compulsory process of subpoena. Nor
does such power to investigate include the power to delegate the authority to administer oath
Authority to charge against public funds may not be implied
It is well-settled that unless a statute expressly so authorizes, no claim against public funds may be
allowed
EXCEPTION TO THE EXCEPTIONS (NOT SURE )
Pari delicto doctrine will not apply when its enforcement or application will violate an avowed
fundamental policy or public interest
Another exception is that when the transaction is not illegal per se but merely prohibited and the
prohibition by law is designed for protection of one party, the court may grant relief in favor of the latter
3. What is the Doctrine laid down in the case of Guerrero v COMELEC in construing the word
qualification? As between the Const. which provides that the SET and HRET shall be the sole judge of
all contests relating to election, returns, and qualifications of their respective members and the
contention that the jurisdiction of HRET is limited only to the qualifications prescribes under ART6 of
1987 CONST and all others are beyong the realm of HRET.
In the case of Guerrero vs COMELEC, the petitioner contends that the jurisdiction of the HRET as defined
under Article VI, Section 17 of the Constitution is limited only to the qualifications prescribed under
Article VI, Section 6 of the Constitution. Consequently, he claims that any issue which does not involve
these constitutional qualifications is beyond the realm of the HRET. The filing of a certificate of
candidacy being a statutory qualification under the Omnibus Election Code is outside the pale of the
HRET, according to him.
The court ruled that this contention lacks cogency and is far from persuasive. Article VI, Section 17 of
the Constitution cannot be circumscribed lexically. The word "qualifications" cannot be read as qualified
by the term "constitutional." Ubi lex non distinguit noc nos distinguire debemos. Basic is the rule in
statutory construction that where the law does not distinguish, the courts should not distinguish. There
should be no distinction in the application of a law where none is indicated. For firstly, the drafters of
the fundamental law, in making no qualification in the use of a general word or expression, must have
intended no distinction at all. Secondly, the courts could only distinguish where there are facts or
circumstances showing that the lawgiver intended a distinction or qualification. In such a case, the
courts would merely give effect to the lawgivers intent.
4. What is the general usage of statutory construction unius est exclusion alterius? P. 324
The unius est exclusion alterius is an expression of one or more things of a class implies the exclusion of
all not expressed, even though all would have been implied had none been expressed; opposite the
doctrine of necessary implication. It is generally used in the construction of statutes granting powers,
creating rights and remedies, restricting common rights, and imposing penalties and forfeitures, as well
as those statutes which are strictly construed.
5. What is the doctrine of cassus omissos? Last Anteceedent? Reddeddo singuia singuis? P. 336

ELS: Statutory Construction

Finals Q&A

Twenty19 8

The doctrine of cassus omissos states that a person, object, or a thing omitted from an enumeration
must be held to have been omitted intentionally.It operates only if and when the omission has been
clearly established, and in such a case is omitted in the enumeration mau not be included therein. But
there is an exception, where legislature did not intend to exclude the person, thing or object from the
enumeration. If such ;egislative intent is clearly indicated, the court may supply the omission if to do so
will carry out the clear intent of the legislature and will not do violence to its language.
The doctrine of last antecedent states that qualifying words restrict or modify only the words or phrases
to which they are immediately associated not those which are distantly or remotely located.
The doctrine of Reddeddo singuia singuis is a variation if the doctrine of last antecedent. It refers to
each phrase or expression to its appropriate object, or let each be put in its proper place, that is. The
word should be taken distributively.
6. What is a proviso? What can it do? What is its distinction to exception? What is a saving clause?
Generally, proviso is used to limit the application of the enacting clause, section or a provision of a
statute, or except something to qualify or restrain its generality, or exclude some possible ground of
misinterpretation of it, as extending to cases not intended by the legislature to be brought within its
purview. Its purpose is to limit or restrict the general language or operation of the statute, not to
enlarge it.
A proviso may enlarge scope of law. However, it is still the duty of the courts to ascertain the legislative
intention and it prevailsover proviso. Thus, it may enlarge than restrict. A proviso may also be an
additional legislation. Its purpose is to limit generalities, and exclude from scope of statute that wihich
otherwise would be within its terms.
An exception consists of that which would otherwise be included in the provision from which it is
expected. It is a clause which exempts something from the operation of the statute by express words.
Its function is to confirm the general rule; qualify the words or phrases constituting the general rule.
However, doubts are resolved in favor of the general rule.
DISTINCTION
Exception:
Exempts something absolutely from the operation of statute
Takes out of the statute something that otherwise would be a part of the subject matter of it.
Part of the enactment itself, absolutely excluding from its
operation some subject or thing that would otherwise fall within the scope.
Proviso:
Defeats its operation conditionally.
Avoids by way of defeasance or excuse
If the enactment is modified by engrafting upon it a new provision, by way of amendment, providing
conditionally for
-a new case- this is the nature of proviso.
Saving clause
Provision of law which operates to except from the effect of the law what the clause provides, or save
something which would otherwise be lost.
Used to save something from effect of repeal of statute
Legislature, in repealing a statute, may preserve in the form of a saving clause, the right of the state to
prosecute and punish offenses committed in violation of the repealed law.
Where existing procedure is altered or substituted by another, usual to save proceedings under the old
law at the time the new law takes effect, by means of saving clause
Construed: in light of intent by legislature
Given strict or liberal meaning depending on nature of statute

ELS: Statutory Construction

Finals Q&A

Twenty19 9

Answered by: Rae

1. What is the reason given in the case of Nestle Philippines Inc. v. Court of Appeals regarding the
interpretation of an administrative government agency in the statutory construction?
Answer: The rationale for this rule relates not only to the emergence of the multifarious needs of a
modern or modernizing society and the establishment of diverse administrative agencies for addressing
and satisfying those needs; it also relates to accumulation of experience and growth of specialized
capabilities by the administrative agency charged with implementing a particular statute. 8 In Asturias
Sugar Central, Inc. v. Commissioner of Customs the Court stressed that executive officials are presumed
to have familiarized themselves with all the considerations pertinent to the meaning and purpose of the
law, and to have formed an independent, conscientious and competent expert opinion thereon. The
courts give much weight to contemporaneous construction because of the respect due the government
agency or officials charged with the implementation of the law, their competence, expertness,
experience and informed judgment, and the fact that they frequently are the drafters of the law they
interpret.
2. What is the weight given to a contemporaneous construction in Philippine Sugar Central v
Collector of Customs?
Answer: The court reasoned in the affirmative by saying the language of the Act could have been made
more specific and certain, but in view of its history, its long continuous construction, and what has been
done and accomplished by and under it, we are clearly of the opinion that the government is entitled to
have and receive the money in question, even though the sugar was shipped from a private wharf.
The underlying principle of all construction is that the intent of the legislature should be sought
in the words employed to express it, and that when found it should be made to govern, . . . if the words
of the law seem to be doubtful import, it may then perhaps become necessary to look beyond them in
order to ascertain what was in the legislative mind at the time the law was enacted; what the
circumstances were, under which the action was taken; what evil, if any, was meant to be
redressed; . . . And where the law has contemporaneously been put into operation, and in doing so a
construction has necessarily been put upon it, this construction, especially if followed for some
considerable period, is entitled to great respect, as being very probably a true expression of the
legislative purpose, and is not lightly to be overruled, although it is not conclusive.
Courts will give weight to the contemporaneous construction placed upon a statute by the
executive officers whose duty it is so enforce it, and, unless such interpretation is clearly erroneous, will
ordinarily be controlled thereby.
3. Give the rules on contemporaneous construction.
1. Where there is doubt as to the proper interpretation of a statute, the uniform
construction placed upon it by the executive or administrative officer charged with its
enforcement will be adopted if necessary to resolve the doubt.
2. Contemporaneous construction disregarded , when there is no ambiguity in the law. If it
is clearly erroneous, the same must be declared null and void.
3. Erroneous contemporaneous construction does not preclude correction nor create
rights; exceptions:
The doctrine of estoppel does not preclude correction of the erroneous construction by
the officer himself by his successor or by the court in an appropriate case.
An erroneous contemporaneous construction creates no vested right on the part of
those relied upon, and followed such construction.
4. What is the effect of re-enactment by the legislative body?
Answer: Where a statutes has received a contemporaneous and practical interpretation and the statute
as interpreted is reenacted, the practical interpretation is accorded greater weight than it ordinarily
receives, and is regarded as presumptively the correct interpretation of the law.
5. Define:
a. Verbal legis non est recedendum: From the words of the statute there should be no departure.
b. Dura lex sed lex: The law may be harsh,but that is the law.
c. Maledicta est exposition quae corrumpit textum: It is dangerous construction which is against
the text.
d. Verba intentioni, non e contra, debent inservire: Words ought to be more subservient to the

ELS: Statutory Construction

Finals Q&A

Twenty19 10

intent and not the intent to the words.

e. Cessante ratione legis, cessat et ipsa lex: When the reason of the law ceases, the law itself
ceases.
Answered by Era:
1. What is a saving clause?
Answer: A saving clause is a clause in a provision of law which operates to except from the effect of the
law what the clause provides, or to save something which would otherwise be lost. It is usually used to
except or save something from the effect of a repeal of a statute. A saving clause should be construed
in the light of the intent or purpose which the legislature had in mind in providing it in a statute, the
principal consideration being to effectuate such intent or carry out such purpose.
2. see page 1 #3 a.
3. The doctrine of last antecedent is expressed in the rule of ad proximum antecedens fiat relatio
nisi impediatur sentenial. What is the legal hermeneutics laid down by said doctrine?
Answer: Qualifying words restrict or modify only the words or phrases to which they are immediately
associated not those which are distantly or remotely located.
Ad proximum antecedens fiat relatio nisi impediatur sententia relative words refer to the nearest
antecedents, unless the context otherwise requires
Rule: use of a comma to separate an antecedent from the rest exerts a dominant influence in the
application of the doctrine of last antecedent.
4. see page 1 #3 b
5. Application of expresso unius est exclusio alterius (The meaning of one thing implies the
exclusion of another thing)
Answer: Generally used in construction of statutes granting powers, creating rights and remedies,
restricting common rights, imposing rights & forfeitures, as well as statutes strictly construed.
***Expressio unius est exclusion alterius
The express mention of one person, thing or consequence implies the exclusion of all others.
Rule may be expressed in a number of ways:

Expressum facit cessare tacitum - what is expressed puts an end to that which is implied
where a statute, by its terms, is expressly limited to certain matters, it may not, by
interpretation or construction, be extended to other matters.
Exceptio firmat regulam in casibus non exceptis - A thing not being excepted must be
regarded as coming within the purview of the general rule
Expressio unius est exclusion alterius The expression of one or more things of a class
implies the exclusion of all not expressed, even though all would have been implied had
none been expressed; opposite the doctrine of necessary implication
Limitations of the rule :
1. It is not a rule of law, but merely a tool in statutory construction
2. Expressio unius est exclusion alterius, no more than auxiliary rule of interpretation to be ignored
where other circumstances indicate that the enumeration was not intended to be exclusive.
3. Does not apply where enumeration is by way of example or to remove doubts only.
6. see page 2 #3 d
7. What is the difference between statutes in pari materia and in pari delicto?
Answer: Statutes in pari materia are statutes sharing a common purpose or relating to the same subject
and which are construed together. Whereas, where a statute prohibits the doing of an act, the act done
in violation thereof is by implication null and void, which is the rule in pari delicto.
8. Generally, words are construed in their ordinary sense. Give exceptions.
Answer:
1. Words with commercial or trade meaning:
disposed of

ELS: Statutory Construction

2.
3.

4.

5.

Finals Q&A

Twenty19 11

Ordinary: parting away w/ something

Merchant: to sell (this must be used)
Words with technical or legal meaning: action has acquired a well-defined meaning as an
ordinary suit in a court of justice by which one party prosecutes another for the enforcement or
protection of a right or prevent redress or wrong
A word or phrase repeatedly used in a statute will bear the same meaning throughout the
statute; unless a different intention is clearly expressed.
Year- agricultural year not calendar year
Agricultural year - represents 1 crop; if in 1 calendar yr 2 crops are raised thats 2 agricultural
years. (De la Paz v. Court of Agrarian Relations)
Word or phrase construed in relation to other provisions: The Court construed recall in relation
to Sec.69 which states that, the power of recall shall be exercised by the registered voters of
an LGU to which the local elective official belongs. Hence, not apply to all recall proceedings
since power vested in electorate is power to elect an official to office and not power to initiate
recall proceedings. (Claudio v. COMELEC)
The context in which the word or term is employed may dictate a different sense:
Krivenko v. Register of Deeds
Statute: lands were classified into timber, mineral and agricultural
Word agricultural used in broad sense to include all lands that are neither timber, nor
mineral, such being the context in which the term is used.
Answered by RJ:

ELS: Statutory Construction

Answered by Apple and Lala

Finals Q&A

Twenty19 12

ELS: Statutory Construction

Finals Q&A

Twenty19 13

1. State the difference of Amendment, Revision, Codification and Repeal.

Amendment means the change or modification, by addition, deletion, or alteration, of a statute which
survives in its amended form. The amendment of statute is effected by the enactment of an
amendatory act modifying or altering some provisions of the statute either expressly or impliedly.
Repeal is the annulment or abrogation of a previously existing statute by the enactment of a later law
that revokes the former law.
The revocation of the law can either be done through an express repeal, whereby a statute specifically
indicates that the former law shall be revoked and abrogated, or through an implied repeal, which arises
when the later statute contains provisions that are so contrary or irreconcilable with those of the prior
law that only one can remain in force.
The repeal of a law differs from the amendment thereof, because the amendment of a law involves
making a change in a law that already exists, leaving a portion of the original still standing. When a law
is repealed, however, it is completely abrogated.
Codification is the collection and systematic arrangement, usually by subject, of the laws of a state or
country, or the statutory provisions, rules, and regulations that govern a specific area or subject of law
or practice.
Revision means the act of changing, altering, amending or reenacting laws.
The purpose of revision and codification is to restate the existing laws into one statute, simplify
complicated provisions, and make the laws on the subject easily found.
2. Rationale behind the Statutes that are given prospective effect. Give the general rule. Give the
exception/s, if any. Give at least 5 examples.
It is a well-settled rule of statutory construction that statutes are to be construed as having only
prospective operation, unless the intendment of the legislature to give them a retroactive effect is
expressly declared or is necessarily implied from the language used.
The rule that laws operate prospectively and not retroactively, unless the intention to the contrary
appears, is embodied in Article 4 of the Civil Code. Said article provides that laws shall have no

ELS: Statutory Construction

Finals Q&A

Twenty19 14

retroactive effect, unless the contrary is provided. The rule is expressed in the maxim: Lex propicit, non
respicit, or the law looks forward, not backward; and lex de future, judex de praeterito, or the law
provides for the future, the judge for the past.
The reason for the general rule, as embodied in Article 4 of the Civil Cide, is that a law is a rule
established to guide actions with no binding effect until it is enacted; hence, it has no application to
past but only to future times.
The provision authorizing the retroactive application of penal laws favorable to the accused is one of the
exceptions to the general rule that all laws operate prospectively.
The general rule that statutes are prospective and not retroactive does not ordinarily apply to
procedural laws. The general rule against giving statutes retroactive operation whose effect is to impair
the obligations of contract or to disturb vested rights does not prevent the application of statutes to
proceedings pending at the time of their enactment where they neither create new nor take away
vested rights. A new statute which deals with procedure only is presumptively applicable to all actions
those which have accrued or are pending.
Curative remedial statutes are healing acts. They are remedial by curing defects and adding to the
means of enforcing existing obligations. Curative statutes are intended to supply defects, abridge
superfluities in existing laws and curb certain evils.
4. Main objective of statutory construction
The cardinal rule in the interpretation of all laws is to ascertain, and give effect to, the intent of the law.
Hence, the true object of all interpretation is to ascertain the meaning and will of the law-making body,
to the end that it may be enforced. The purpose of all rules or maxims in interpretation is to discover
the true intention of the law. They are only valuable when they sub serve this purpose.