GROUP 3

STATUTE- A written will of the legislature expressed according to the form necessary to constitute it a
law of the state and rendered authentic by certain prescribed forms and solemnities.

KINDS OF STATUTE:

As to nature
Penal -imposes punishment of an offense
Remedial -remedy former laws, reform or extend rights
Substantive -creates, defines, regulates the rights and duties of parties
Labor -welfare of laborers, governs employer-employee relationship
Tax -exaction of money from the state to achieve legislative or general objective
As to application
Mandatory -non-compliance renders act void or illegal
Directory -non-compliance does not invalidate act
As to performance
Permanent -continues in performance until altered or repealed
Temporary -fixed for a specified period
As to scope
General -applies to persons, entities, things as a class omitting no one
Special -particular persons, entities, things
Local -specific, within territorial limits
Others
Prospective -operates after it takes effect
Retrospective -affects acts already committed before effectivity
Repealing -revokes or terminates another statute
Amendatory -addition to the original law for improvement (modifies or qualifies)
Reference -refers to other statutes and make them applicable to the subject of the new
legislation
Declaratory -establishes its meaning & correct construction

PARTS OF STATUTES
1. Title -gives the general statement of the subject matter
2. Preamble -states the reason for, or the objects of the enactment
3. Enacting Clause -indicates the authority which promulgates the enactment
4. Body -contains the subject matter of the statute and shall embrace only one subject
5. Provisos -acting as a restraint upon or as qualification of the generality of the language which
it follows
6. Interpretative Clause -legislature defines its own language or prescribes rules for its
construction
7. Repealing Clause -announces the legislative intent to terminate or revoke another statute
8. Saving Clause -restricts a repealing act and preserves existing powers, rights and pending
proceedings from the effects of the repeal
9. Separability Clause -if for any reason, any section or provision is held to be unconstitutional or
invoked, the other section or provision of the law shall not be affected thereby.
10. Date of effectivity -when the law shall take effect (Article 2 of the Civil Code)
Note:
*TITLE must have only one subject to prevent hodge-podge or log-rolling legislation, to prevent
surprise or fraud, and to fairly apprise the people of the subject of legislation
Hodge-Podge -A mischievous legislative practice of embracing in one bill several distinct
matters, none of which, perhaps, could singly obtain the assent of the legislator, and then
procuring its passage by a combination of the minorities in favour of each of the measure into
a majority that will adopt them all
Objective: to unite the legislators who favour any one of the subjects in support of the whole
act. VOID
Test of sufficiency of title: indicates in broad but CLEAR terms in nature, scope and
consequences of the proposed law and its operation
In case of doubt as to the sufficiency of the title, the presumption is in favour of the validity of
the acts