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ascertained from a consideration of the entire act, its nature, its object and the
consequences that would follow from construing it one way or the other.
(b) Negative, Prohibitory, or Exclusive words
(1) McGee vs. Republic, 94 Phil 820 (1954)
Under the rule of statutory construction, negative words and phrases are to be
regarded as mandatory while those in the affirmative are merely directory. Negative
(prohibitory and exclusive words or terms are indicative of the legislative intent that
the statute is to be mandatory.
Ordinarily ... the word "may" is directory, . . .
Prohibitive or negative words can rarely, if ever, be directory, or, as it has been aptly
stated, there is but one way to obey the command "thou shalt not", and that is to
completely refrain from doing the forbidden act. And this is so, even though the
statute provides no penalty for disobedience.
(2) Fule vs. CA, 162, 162 SCRA 446 (1988)
Negative words and phrases are to be regarded as mandatory while those in the
affirmative are merely directory (McGee vs. Republic, 94 Phil. 820 [1954]). The use
of the term "shall" further emphasizes its mandatory character and means that it is
imperative, operating to impose a duty which may be enforced (Bersabal vs.
Salvador, No. L-35910, July 21, 1978, 84 SCRA 176). And more importantly, penal
statutes whether substantive and remedial or procedural are, by consecrated rule, to
be strictly applied against the government and liberally in favor of the accused
(3) COCOFED vs. Comelec, G.R. No. 207026, 06 August 2013
The language of Section 8 of RA No. 7941 does not only use the word "shall" in
connection with the requirement of submitting a list of nominees; it uses this
mandatory term in conjunction with the number of names to be submitted that is
couched negatively, i.e., "not less than five." The use of these terms together is a
plain indication of legislative intent to make the statutory requirement mandatory for
the party to undertake.
(c) Time of performance of duties
(1) Tansceo vs. Arteche, 57 Phil 227 (1932)
The provision of law that the proceeding shall be decided within thirty days after the
filing of the complaint is in its nature directory only, and a failure to comply with such
requirement does not affect the jurisdiction of the court.
(2) Romualdez-Marcos vs. COMELEC, 248 SCRA 300 (1995)
It is a settled doctrine that a statute requiring rendition of judgment within a specified
time is generally construed to be merely directory, "so that non-compliance with them
does not invalidate the judgment on the theory that if the statute had intended such
result it would have clearly indicated it." The difference between a mandatory and a
directory provision is often made on grounds of necessity. Adopting the same view
held by several American authorities, this court in Marcelino vs. Cruz held that:
The difference between a mandatory and directory provision is often determined on
grounds of expediency, the reason being that less injury results to the general public
by disregarding than enforcing the letter of the law.
In Trapp v. Mc Cormick, a case calling for the interpretation of a statute containing a
limitation of thirty (30) days within which a decree may be entered without the
consent of counsel, it was held that "the statutory provisions which may be thus
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departed from with impunity, without affecting the validity of statutory proceedings,
are usually those which relate to the mode or time of doing that which is essential
to effect the aim and purpose of the Legislature or some incident of the essential
act." Thus, in said case, the statute under examination was construed merely to be
directory.
(d) Construction of Particular word
(1) May, must, and shall
Bersabal vs. Salvador, 84 SCRA 176 (1978)
As a general rule, the word "may" when used in a statute is permissive only and
operates to confer discretion; while the word "shall" is imperative, operating to
impose a duty which may be enforced.
Republic Planters Bank vs. Agana, Sr., 269 SCRA 1 (1997)
It is a settled doctrine in statutory construction that the word "may" denotes
discretion, and cannot be construed as having a mandatory effect.
Bayan Muna vs. Romulo, G.R. No. 159618, 01 February 2011
It is settled doctrine in statutory construction that the word may denotes discretion,
and cannot be construed as having mandatory effect.
H. Provisos, exceptions, and saving clauses
1. Proviso
(a) To what provision proviso applicable
(1) ALU-TUCP vs. NLRC, 234 SCRA 678 (1994)
The familiar grammatical rule is that a proviso is to be construed with reference to
the immediately preceding part of the provision to which it is attached, and not to
other sections thereof, unless the clear legislative intent is to restrict or qualify not
only the phrase immediately preceding the proviso but also earlier provisions of the
statute or even the statute itself as a whole.
(b) Restriction or enlargement of enactment
(c) Conflict between proviso and enacting clause
(1) Arenas vs. City of San Carlos, 82 SCRA 318 (1978)
The primary purpose of a proviso is to limit the general language of a statute. When
there is irreconcilable repugnancy between the proviso and the body of the statute
the former is given precedence over the latter on the ground that it is the latest
expression of the intent of the legislature.
2. Exceptions
(a) Arabay, Inc. vs. CFI, 66 SCRA 617 (1975)
A reasonable and practical interpretation of the terms of the proviso in question
results in the conclusion that Congress, in excluding gasoline from the general
disability imposed on municipalities and municipal districts to exact any kind of
taxes on articles subject to specified tax under the Tax Code, deliberately and
intentionally meant to put it within the power of such local governments to impose
whatever type or form of taxes the latter may deem proper to levy on gasoline
including a sales tax or one in that form.
(b) Implied exceptions
(c) Construction and effect
(1) Samson vs. CA, 145 SCRA 654 (1986)
Under the rules of statutory construction, exceptions, as a general rule, should be
strictly, but reasonably construed; they extend only so far as their language fairly
warrants, and all doubts should be resolved in favor of the general provisions rather
than the exception. Where a general rule is established by statute with exceptions,
the court will not curtail the former nor add to the latter by implication.
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and intended to change it. In enacting the older law, the legislators could not have
known the newer one and hence could not have intended to change what they did
not know. Under the Civil Code, laws are repealed only by subsequent ones --[32]
and not the other way around.
(3) ROMA DRUG vs RTC-GUAGUA, PAMPANGA, G.R. No. 149907, Apr. 16,
2009
Where a statute of later date, such as Rep. Act No. 9502, clearly reveals an
intention on the part of the legislature to abrogate a prior act on the subject that
intention must be given effect. When a subsequent enactment covering a field of
operation coterminus with a prior statute cannot by any reasonable construction be
given effect while the prior law remains in operative existence because of
irreconcilable conflict between the two acts, the latest legislative expression
prevails and the prior law yields to the extent of the conflict. Irreconcilable
inconsistency between two laws embracing the same subject may exist when the
later law nullifies the reason or purpose of the earlier act, so that the latter loses all
meaning and function. Legis posteriores priores contrarias abrogant.
(4) Teng vs. Pahagac, G.R. No. 169704, 17 November 2010
Notably, Article 262-A deleted the word unappealable from Article 263. The
deliberate selection of the language in the amendatory act differing from that of the
original act indicates that the legislature intended a change in the law, and the court
should endeavor to give effect to such intent.
(5) SAMELCO II vs. SELUDO, G.R. No. 173840, 25 April 2012
A comparison of the original provisions of Sections 10 and 24 of P.D. No. 269 and
the amendatory provisions under Sections 5 and 7 of P.D. No. 1645 would readily
show that the intention of the framers of the amendatory law is to broaden the
powers of the NEA.
(b) Special law not repealed by general law by implication
(1) Phil. Railway Co. vs. Collector, 91 Phil 35 (1952)
Repeals of laws by implication are not favored; and the mere repugnance between
two statutes should be very clear in order to warrant the court inholding that the
later in time repeals the other, when it does not in terms purport to do so.
It is well settled that a special and local statute, providing for a particular case or
class of case, is not repealed by a subsequent statute, general in its terms,
provisions and applications, unless the intent to repeal or alter is manifest, although
the terms of the general act are broad enough to include the cases embraced in a
special law."
That the rule is but the application of the larger rule that the statute is not to be
deemed repealed, by implication, by subsequent act upon the same subject unless
the two are manifestly inconsistent with, and repugnant to, each other, or unless a
clear intention is disclosed on the face of the later statute to repeal the former one.
It is a canon of statutory construction that a later statute, general in its terms and
not expressly repealing a prior special statute, will ordinarily not affect the special
provision of such earlier statute.
Where there are two statutes, the earlier special and the later general the terms
of the general broad enough to include the matter provided for in the special the
fact that one is special and the other is general creates a presumption that a
special is to be considered as remaining an exception to the general, one as the
general law of a land, and the other as the law of a particular case.
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Naturalization laws should be rigidly enforced and strictly construed in favor of the
government and against the applicant.
(b) Co vs. Republic, 108 Phil 265 (1960)
Naturalization laws should be rigidly enforced and strictly construed in favor of the
government and against the applicant.
18. Special or Local Laws
(a) Llanto vs. Dimaporo, 16 SCRA 601 (1966)
We do not discern in the law a purpose to require such approval. For the language
is restrictive.
Sec. 12. Rules for the interpretation of the Local Autonomy Act.
1. Implied power of a province, a city or municipality shall be liberally construed in
its favor. Any fair and reasonable doubt as to the existence of the power should be
interpreted in favor of the local government and it shall be presumed to exist.
Autonomy is the underlying rationale of the Local Autonomy Act. By the statute
itself no interpretation thereof should be indulged in which would cripple the board's
powers.
19. Statutes Offering Rewards
(a) Penid vs. Virata, 121 SCRA 166 (1983)
Statutes offering rewards must be liberally construed in favor of informers and with
regard to the purpose for which they are intended, with mere technicality yielding to
the substantive purpose of the law.
20. Habeas Corpus rules
(a) Enrile vs. Salazar, 186 SCRA 217 (1990)
The rules on habeas corpus are to be liberally construed, the writ of habeas corpus
being the fundamental instrument for safeguarding individual freedom against
arbitrary and lawless state action.
21. Statutes prescribing formalities in wills
(a) In re: Testate Estate of Tampoy 107 SCRA 100 (1960)
Statutes prescribing the formalities to be observed in the execution of wills are very
strictly construed. A will must be executed in accordance with the statutory
requirements; otherwise it is entirely void.' All these requirements stand as of equal
importance and must be observed, and courts cannot supply the defective
execution of a will. No power or discretion is vested in them, either to add other
conditions or dispense with those enumerated in the statutes"
22. Probation Laws
(a) Santos To vs. Pao, 120 SCRA 8 (1983)
The liberality with which the Probation Law should be applied in favor of the
applicant for its benefits affords the better means of achieving the purpose of the
law.
23. Election Laws
(a) Pahilan vs. Tabalba, 230 SCRA 205 (1994)
As a general rule recognized by all courts, that statutes providing for election
contests are to be liberally construed to the end that the will of the people in the
choice of public officers may not be defeated by mere technical objections.
(b) Loong vs. COMELEC, 305 SCRA 832 (1999)
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The choice of means taken by the Commission on Elections, unless they are
clearly illegal or constitute grave abuse of discretion, should not be interfered with.
In the performance of its duties, the Commission must be given a considerable
latitude in adopting means and methods that will insure the accomplishment of the
great objective for which it was created -- to promote free, orderly, and honest
elections.
(c) Liberal Party vs. C.A., G.R. No. 191771, 06 May 2010
Election laws may be divided into three parts for purposes of applying the rules of
statutory construction. The first part refers to the provisions for the conduct of
elections that election officials are required to follow; these provisions are merely
directory. The second part covers those provisions that candidates for office are
required to comply with and are necessarily mandatory. The last part embraces
those procedural rules designed to ascertain, in case of dispute, the actual winner
in the elections; this requires liberal construction. The NP-NPCs petition falls under
the second part, so the applicable requirements of law are mandatory. The dissent
argued that the relaxation of the rules is not applicable to the present case,
because it does not involve the determination of the will of the electorate; thus, the
rules governing the registration of coalitions should be construed strictly and not
liberally.
(d) Jaloslos vs. COMELEC, G.R. No. 193237, Oct. 9, 2012
While provisions relating to certificates of candidacy are mandatory in terms, it is an
established rule of interpretation as regards election laws, that mandatory
provisions requiring certain steps before elections will be construed as directory
after the elections, to give effect to the will of the people.
D. Effectivity and Prospectivity or Retroactively of Statutes
a.Effectivity of statutes
b.General Prospective construction
i. Espiritu vs. Cipriano, 55 SCRA 533 (1974)
ii. Nilo vs. CA, 128 SCRA 519 (1984)
It is a rule of statutory construction that all statutes are to be construed as having
only a prospective operation unless the purpose and intention of the Legislature to
give them a retrospective effect is expressly declared or is necessarily implied from
the language used. In every case of doubt, the doubt must be solved against the
retrospective effect.
iii. Balatbat vs. CA, 205 SCRA 419 (1992)
A law is a rule established to guide our actions with no binding effect until it is
enacted, wherefore, it has no application to past times but only to future time, and
that is why it is said that the law looks to the future only and has no retroactive
effect unless the legislator may have formally given that effect to some legal
provisions.
iv. Co vs. CA, 227 SCRA 444 (1993)
The principle of prospectivity of statutes, original or amendatory, has been applied
in many cases. These include: Buyco v. PNB, 961 2 SCRA 682 (June 30, 1961),
holding that Republic Act No. 1576 which divested the Philippine National Bank of
authority to accept back pay certificates in payment of loans, does not apply to an
offer of payment made before effectivity of the act; Largado v. Masaganda, et al., 5
SCRA 522 (June 30, 1962), ruling that RA 2613, s amended by RA 3090 on June,
1961, granting to inferior courts jurisdiction over guardianship cases, could not be
given retroactive effect, in the absence of a saving clause; Larga v. Ranada, Jr., 64
SCRA 18, to the effect that Sections 9 and 10 of Executive Order No. 90, amending
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