Construction with reference to other laws
6. General and Special Statutes
In General
- Statutes are to be construed in connection and in harmony
with the existing laws, and as a part of general and
uniform system of jurisprudence.
Construction with reference with civil laws
- In those states or countries whose jurisprudence is based
on the civil, rather than the common law, statutes will be
construed with reference to the principles of the civil law.
Statutes Relating to Same Subject Matter in General. (In Pari
Materia)
General Rule
- Statutes which relate to the same person or thing, or to the
same class of persons or things, or which have a common
purpose are in pari materia, and it is a general rule that in
the construction of a particular statute, or in the
interpretation of its provisions, all other statutes in pari
materia should be read in connection with it, as together
constituting one law, and they should be harmonized if
possible.
Limitation of the Rule of Pari Materia
- The general rule that the meaning of a statute may be
determined from its construction in connection with other
statutes in pari materia is not one of universal application,
but is resorted to only in search of legislative intent; and
the rule cannot be invoked where the language of a statute
is clear and unambiguous.
Particular Statutes
1. In General
o The general rule of construction that all statutes in
pari materia are to be construed together but that
statutes not in pari materia need not be construed
together has been applied in the construction of
numerous particular statutes.
2. Remedies, Pleading, Practice, and Procedure
o The general rule that where the meaning of a statute is
doubtful, it may or should be construed in connection
with other statutes dealing with the same or related
subject matter has been applied with respect to the
construction of statutes concerning remedies,
pleading, practice and procedure.
3. Taxation
o The rule that statutes in pari materia must be
construed together in determining the meaning of
ambiguous provisions is peculiarly pertinent in
construing statutes dealing with taxation, but the
court will not consider other statutes where they are
not in pari materia, or where the statutes in question
is clear and unambiguous.
4. Statutes adopted at Same Session
o General: The rule that statutes in pari materia should
be construed together and harmonized, if possible,
applies with peculiar force to statutes passed at the
same session of the legislature, especially where they
are passed or approved on the same day; but clear and
unambiguous provision in a statute must be given
their ordinary meaning without regard to other
statutes adopted by the same legislature.
o Conflicting or Inconsistent Statutes: Generally,
statutes adopted at the same session or the legislature
are not to be construed as inconsistent or in conflict if
it is possible to construe them otherwise, but, where
they are necessarily inconsistent, the question of
which shall take effect depends on the intent of the
legislature and ordinarily the statute latest in point of
time will prevail.
5. Conflicting Statutes
o Statutes in pari materia, although in apparent conflict,
or containing apparent inconsistencies should as far
as reasonably possible, be construed in harmony with
each other, so as to give force and effect to each: but,
if there is an unreconcilable conflict, the latest
enactment will control, or will be regarded as an
exception to, or qualification of, the prior statute.
o General and special statutes should be read together
and harmonized, if possible; but, to the extent of any
necessary repugnancy between them, the special
statute will prevail over the general unless it appears
that the legislature intended to make the general act
controlling.
7. Municipal Ordinance Inferior to Statute
o An essential requisite for a valid ordinance is among
others, that it “must not contravene xxx the statute”
for it is fundamental principle that municipal
ordinances are inferior in status and subordinate to
the laws of the state.” Following this general rule,
whenever there is a conflict between and ordinance
and a statute, the ordinance “must give way.”
8. Statutes prevails over administrative regulation
o There is no dispute that in case of discrepancy
between the basic law and a rule or regulation issued
to implement said law, the basic law prevails because
said rule or regulation cannot go beyond the terms
and provisions of the basic law.
9. Reenactment of, or Reference to, Former Statutes
o In General: in the absence of definite indication of a
legislative purpose to that end, the re-enactment of a
statute does not affect its meaning or enlarge its
scope, and is not regarded as a new enactment but a
continuation of the language repeated; nor does mere
change in language necessarily indicate an intention
to change the law. The effect of the adoption of one
statute had been written into the adopting statute,
and whether the latter is affected by a subsequent
modification of the former depends on the intention
of the legislature.
o Adoption of Provisions Previously Construed
 Previous Construction by Courts
Where a statute which has been construed by
the courts of last resort has been re-enacted
in the same, or substantially the same terms,
the legislature is presumed to have been
familiar with its construction, and to have
adopted it as part of the law, unless a
contrary intent clearly appears or a different
construction is expressly provided for; and
the rule applies in the construction of a
statute enacted after a similar or cognate
statute has been judicially construed.
 Previous Executive or Legislative
Construction
It is a general rule, subject to some
qualifications and exceptions, that the re-
enactment of a stute or the passage of a
similar one in the same or substantially the
same terms is an adoption of the practical
construction placed on the previous statute
by the executive or administrative
departments of the government or by the
legislature itself.
10. Construction of Statutes Adopted from Other Jurisdictions
o The fact that a statute is almost a literal copy of an
earlier statute of another jurisdiction is persuasive
evidence of a practical re-enactment of an earlier
statute giving rise to new rights or obligations and
requiring the court of the adopting state to construe
the statute as disclosed in the provisions thereof and
in the light of the history and purpose of the act.
11. Limitations or Qualifications of Rule
o The general rule that a statute adopted from another
state or country will be presumed to have been
adopted with the construction placed on it by the
courts of that state or contrary before its adoption is
not absolute, but is subject to a number of limitations,
being a presumption of legislative intention which
varies in strength with the similarity of the language,
the established character of the decisions in the
jurisdiction from which the language was adopted,
and the presence or lack of other indicta of intention.
Construction as Mandatory or Directory

In General
- A failure to follow a mandatory statutory provision renders
the proceeding to which it relates illegal and void, while a
failure to follow a directory provision does not necessarily
invalidate the proceeding.
Determination of Character of Provisions
- General Rule: While there is no absolute test by which it
may be determined whether a statute is mandatory or
directory, the primary rule is to ascertain the legislative
intent as revealed by an examination of the whole act.
- There is no formal test to determine whether a statutory
direction is mandatory or directory. Each statute must be
studied as to the legislative intention.
Negative, Prohibitory, or Exclusive Words
- Negative, prohibitory, or exclusive words are generally
construed as mandatory when employed in statutory
provisions.
- Under the rule of statutory construction, negative words
and phrases are to be regarded as mandatory while those
in the affirmative are merely directory.
Time of Performance of Duties
- Statutory provisions fixing the time of performance of an
act may be either mandatory of directory in accordance
with legislative intent.
- It is a settled rule that a statute requiring rendition of
judgment within a specified time is generally construed to
be merely directory.
Construction of Particular Language
- “May”, “Must”, and “Shall”. The word “may” is ordinarily
permissive or directory, and the words “must” and “shall”
are generally mandatory, but such terms may be used
interchangeably where necessary to execute the clear
legislative intent.
- 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.
Provisions, Exceptions and Saving Clause
- Provisos
o Generally, a proviso is a clause engrafted on a preceding
enactment for the purpose of restraining or modifying the
enacting clause, or of excepting something from its
operation which otherwise would have been within it, or of
excluding some possible ground of misinterpretation of it,
as by extending it cases not intended by the legislature to
be brought within its purview.
o Construction. A proviso should be construed together with
the enacting clause or body of the act, with a view to giving
effect to each and to carrying out the intention of the
legislature as manifested in the entire act and acts in pari
materia. A strict but reasonable construction is to be given
to the proviso so as to take out of the enacting clause only
those cases which are fairly within the terms of the
proviso.
o Operation. The operation of a proviso is usually and
properly confined to the clause or distinct portion of the
enactment which immediately precedes it, or to which is
pertains, and does not extend to or qualify other sections
or portions of the statute, unless the legislative intent that
it shall so operate is clearly disclosed.
o Restriction or Enlargement of Enactment. The appropriate
office of a proviso is to restrain or modify the enacting
clause, and not to enlarge it or confer a power; but, where
from the language employed it is apparent that the
legislature intended a more comprehensive meaning, it
must be construed to enlarge the scope of the act, or to
assume the function of an independent enactment.
o Conflict between Proviso and Enacting Clause. A proviso
which is repugnant to the body or purview of the statute,
and cannot be reconciled therewith, is generally
considered to be inoperative and void; but, where the
inconsistency is only partial, the proviso is valid and
prevails to the extent of the inconsistency.
o Where there is irreconcilable repugnancy between a
proviso and the body of the statute, the former prevails as
the latest expression of legislative intent.
- Exceptions
In General: An exception in a statute is similar to a proviso
in that both operate to exempt something from the
operation of the statute; but strictly speaking, and
exception differs from a proviso in that the exception
exempts something absolutely from the operation of the
statute by express words in the enacting clause, while a
proviso follows the enacting clause and operate to defeat
its operation conditionally.
- Saving Clause. A saving clause is an exception of special
things mentioned in the statute, and its usual function is
not to create anything, but to preserve something from
immediate interference.
Amendments, Revisions, Codes and Repealing Acts
- Amendments.
o Amendments are to be construed together with the
original act to which they relate as constituting one law,
and also with other statutes on the same subject, as part of
a coherent system of legislation.
o Operation and Effect of Amendment. An amended act is
ordinarily to be construed as if the original statute had
been repealed, and a new and independent act in the
amended form had been adopted in its stead.
o Presumption of Intent to Change Law. It is presumed that
the legislature, in adopting an amendment, intended to
make some change in the existing law.
- Revisions and Codes.
o Where the meaning of the language of a revision or code is
plain and unambiguous, it must be construed without
resort to the original statutes which have been brought
into it. All the different parts of the revision or code,
particularly those parts which relate to the same subject,
must be construed together with a view to harmonizing
them, if possible.
o Conflicting Provisions. Although the different sections of a
code or revised statute are usually considered as
simultaneous expressions of the legislative will, where
there are irreconcilable inconsistencies the section last
adopted will prevail.
o Legislative and Judicial Construction. The re-enactment in
the code or general revision of provisions substantially the
same as those contained in the former statutes is a
legislative adoption of their known judicial construction,
unless an intent to the contrary clearly appears.
- Repealing Acts.
o In General: The rules of construction applicable to statutes
generally govern the construction of statutes, or parts
thereof, purporting to repeal prior statutes.
o Legislative Intent: A new law which omits anything
contained in the old law dealing on the same subject,
operates as a repeal of anything not so included in the
amendatory act.
o Special law not repealed by general law by implication. A
special and local statute, providing for a particular case or
class of cases is not repealed by a subsequent statute,
general in its terms, provisions and application, 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 the special law.
o Implied Repeals
 When a subsequent enactment covering a field of
operation coterminous with a prior statute
cannot by any reasonable construction be given
effect while the prior law remains inoperative
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.
 Implied repeals are not favored. It has been the
constant holding of the court that repeals by
implication are not favoured and will not be so
declared unless it be manifest that the legislature
so intended.
 There are two categories of repeal by implication.
The first is where provisions in two acts, on the
same subject matter are in an irreconcilable
conflict, the later act to the extent of the conflict
constitutes an implied repeal of the earlier one.
The second is if the later act covers the whole
subject of the earlier one is clearly intended as a
substitute, it will operate to repeal the earlier law.
 Implied repeal cannot be given retroactive effect
if the law is substantive in nature.
  When the reason of the law ceases, the law itself - Revisions and codes are ordinarily accorded a prospective
ceases. operation.
- Rights accrued and vested while a statute was in force
Effectivity and Prospectivity or Retroactivity of ordinarily survive its repeal.
Statutes - Inchoate or Executory rights given by statute fall with the
repeal of the statute unless expressly saved.
Effectivity of Statutes - Ordinarily repeal without a saving clause of a statute
- In General: The time when a bill becomes effective may imposing a liability operates to release all liabilities
depend of the terms of the act itself or on the provisions of incurred under the repealed statute where no proceedings
general statutory and constitutional provisions. have been commenced to enforce such liability.
- Express Provisions in Statute. Subject to constitutional - In the absence of a saving clause, the repeal of a statute
provisions the legislature may fix in an act the time when it under which penalties were incurred operates to remove
shall take effect. the right to recover such penalties.
- Emergency statutes ordinarily take effect from the date of
their passage and approval. Broadly speaking, am
emergency justifying the legislature in making a statute
effective on its passage consists in an unforeseen
combination of circumstances calling for immediate action
to preserve the public peace, health, or safety, or to
support the state or its existing institutions. Where the
emergency clause of an otherwise valid statute is
inoperative, the statute takes effect at the time when it
would have become operative without an emergency
clause.
- Ordinarily a statute takes effect from the beginning of the
day it becomes effective
- A statute taking effect on a fixed future day becomes
effective from the first minute of such day.
- Within constitutional limitations, a statute may become
effective on the happening of conditions or contingencies
specified in the act.
- As a general rule, different parts of an act may take effect
in different times.

Retroactive Operation
- A retrospective or retroactive law is one which takes away
or impairs vested rights acquired under existing laws, or
creates a new obligation, imposes a new duty, or attaches a
new disability with respect to transactions or
considerations already past.
- The prospective or retrospective effect to be given a statute
may be determined by the express wording thereof.
- As a general rule, statutes are construed to operate
prospectively unless the legislative intent that they be
given retrospective or retroactive operation clearly appears
from the express language of the acts, or by necessary or
unavoidable implication.
- Statutes Impairing Vested Rights. Unless the intention of
the legislature demands it, statutes affecting or impairing
vested or contractual rights will not be construed to
operate retrospectively or retroactively, but as
prospectively only.
- Retroactive construction will not be given a statute so as to
impose liabilities not existing at the time of its passage.
- Jurisdiction and Venue. In the absence of an intention to
the contrary a statute relating to jurisdiction or venue may
be given retrospective operation.
- Remedial Statutes. Statutes governing parties, pleading,
and evidence are generally accorded a retrospective
operation.
- Trial. Statutes relating to time or mode of trial and similar
matters are ordinarily construed as applicable to all
proceedings from the time of their enactment; but, in the
absence of an expressed intent to the contrary, they are
generally deemed inapplicable to procedural steps
occurring before their enactment.
- Judgments and Enforcement thereof. Statutes will not be
applied retroactively to validate or invalidate judgments
rendered before their passage; but statutes relating to the
enforcement of judgments are ordinarily construed as
applicable to judgments rendered prior to their passage.
- Retroactive application is inapplicable to curative statute,
which by their very nature are designed to affect the past.
Curative laws, which in essence are retrospective, and
aimed at giving “validity to acts done that would have been
invalid under existing laws, as if existing laws have been
complied with.
- Expository or declaratory act is one passed to end doubts
with respect to the common law or another statute and it is
ordinarily accorded a retroactive construction.
- Amendatory acts are ordinarily prospective in operation,
but may be accorded a retrospective operation in respect
to uncompleted procedural matters.