Statutory Construction: An Introductory Part ( Classifications of a Statute) 2 Flashcards

1
Q

Is one which affects all of the people of the state or all persons or things
of a particular class. It operates equally to all persons in the same category

A

General Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Operate over a particular locality instead of over the whole territory of the
state

A

Local Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Relates to either particular persons or things, or to particular persons or
things of a class or which operates in a portion of a class instead of all classes.

A

Special Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Concern the interest of the public at large. Applies to the entire territory, to
all people;

A

Public Laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Concerns and affects particular individual

A

Private

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

One which is expressed in the negative terms-terms of prohibition

A

Negative Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

One which is expressed in an affirmative term;

A

Affirmative Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Anticipates the regulation of future conduct;

A

Prospective Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Affects acts already committed and operates on transactions completed

A

Retrospective

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If non-compliance therewith renders the proceedings to which it relates
null and void;

A

Mandatory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

One which operation or effectivity is not limited to some particular
term or period, but continues in force until repealed or amended;

A

Permanent Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If non-compliance therewith does not invalidate the proceedings to which it
relates.

A

Directory

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

which afford remedy, or improve or facilitate existing remedies for the
enforcement of right and of redress of injuries

A

Remedial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Which impose punishment for the violation of its provisions;

A

Penal Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Are enacted to cure defects in prior or to validate legal proceedings, instruments, or acts of public authorities which without such statutes would otherwise be void for want of conformity with certain existing legal requirements. They are called
legalizing act;

A

Curative Statutes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Whose operation or effectivity is limited to a fixed period or term. IT continues in force up to the expiration of said period or term, unless earlier repealed
or amended;

A

Temporary Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Which purports to be independent of existing statutory provision;

A

Original Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

which expressly adds to or supplements, or works out an improvement in the original law. Strictly speaking it is an independent statute;

A

Amendatory Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

One which revokes or terminates another statute. However, only
when it specifically and exclusively purports to repeal a former statute will the courts
consider it repealing for constitutional purposes;

A

Repealing Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Are those which allow certain acts or omission especially those of injurious of the rights of others;

A

Permissive Statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Those which command the doing of certain things and at the same time prescribe the manner or form of performance;

A

Receptive Statute

17
Q

Those which forbid the doing of certain things which are injurious to the public;

A

Prohibitive Statute

18
Q

Those of a state which are adopted wholly or in part by another state; they are enacted as statutes of the adopting state;

A

Adopted Statute

19
Q

Are pre-existing statutes which are passed by the same legislature which originally enacted them in the same terms or in substantially the same language and for the same purpose and object as the original statute

A

re-enacted Statute

20
Q

Acts of the President providing for rules of a general or permanent character in implementation or execution of
constitutional or statutory powers shall be promulgated

A

Sec. 2 Executive Orders

21
Q

Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as
administrative head shall be promulgated.

A

Sec. 3. Administrative Order

22
Q

Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force
of an executive order;

A

Sec. 4. Presidential Proclamations

23
Q

Acts of the President on matters relating
to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in
memorandum circulars;

A

Sec. 6. Memorandum Circulars

24
Q

Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied ;

A

Sec. 5. Memorandum Orders

25
Q

Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders;

A

Sec. 7. General or Special Orders

26
Q

Issued by administrative or, departments,
bureaus, executive offices in accordance with, and as authorized by, law have the force and effect of law or partake the nature of the statute;

A

Administrative rules and regulations

27
Q

Promulgating a new law with force and effect of a valid law.

A

Administrative rule

28
Q

Rendering an opinion or giving a statement of policy
*The rules are binding upon the Courts, but the interpretation is not.

A

Administrative Interpretation

29
Q

Is the supreme law of the land

A

Constitution

30
Q

Who approved barangay?

A

Sanguniang barangay

31
Q

Who approved barangay?

A

Sanguniang barangay

32
Q

Who approved municipal ordinance?

A

Sanguniang bayan

33
Q

Who approved municipal ordinance?

A

Sanguniang bayan

34
Q

Who approve city ordninance?

A

City mayor

35
Q

Who is the executive of provincial government?

A

Provincial governor

36
Q

Who is the executive of provincial government?

A

Provincial governor

37
Q

Who makes provincial ordinance?

A

Sangguniang panlalawigan

38
Q

Who approved national law?

A

Congress

39
Q

Dissiminatiom to be well informed ( due process)

A

Publication

40
Q

Dissiminatiom to be well informed ( due process)

A

Publication

41
Q

Brigada, phil star, manila phil, like business to be published.

A

General circulation

42
Q

This is The preliminary Part. The act is individually known. Prefixed to statute.

A

Title

43
Q

This indicate general subject. Not calculated mislead the public. Not index to as to cover every detail. Bill for a one subject.

A

Title

44
Q

This prevent log-rolling. prevent fraud. langauge sufficient and as a guide

A

Title

45
Q

This is explaining the reason for enactment and object sought to accomplished. This use “whereas” This also encompasses the Facts, reason, enacting clause first then this, and explanatory note.

A

Preamble

46
Q

this is the main part. operative in statute that contains substantive and procedural provision.
What is law about. one subject. allied and garmane. divide section. subject matter and impose sanctions, short title…

A

Body