Statcon

Law- The system of rules which a particular country or community recognizes as regulating the actions of
its members and which it may enforce by the imposition of penalities.

What is Statute - A Statue means any Law, Act, Enactment. The Parliament is given authority of
Lawmaking. According to Blacks Dictionary, "A Statute is a formal written enactment of Legislative
authority that governs a country, state, city or county. In Simple words, it is the Law, Enactment, Act.

What are Types of Statutes

There are Several Types of Statutes, Such as Temporary Statute, Perpetual Statute, Consolidating
Statute, Codifying Status, Fiscal Statute, Remedial Statute, Penal Statute, Declaratory Statute. Generally,
Statute can be classified with reference to its duration, Method, Object, and extent of Application.

3) Classification Of Statute/Types of Statutes are as follows -

Statutes can be classified by object, by method, by reference to duration -

1) Classification by object -

a) Declaratory Statutes -

Declaratory Statute may be defined as an Act to remove doubts existing as to the common law, or the
meaning or effect of any Statute such Acts are held to be retrospective. This may happen for, instance,
where the courts have been interpreting a particular expression as connoting a specific meaning which in
the opinion of the legislature is a wrong notion of the expression. In such case, the legislature may pass a
declaratory statute declaring the correct meaning of that expression thereby setting aside the
controversy regarding the correct meaning of the expression.meaning of the expression.meaning of the
expression.

b) Codifying and consolidating Statutes -

i) Codifying Statutes -
 A Codifying Statute is a Statute which presents a detail authoritative statement of the rules of law
on a given subject. The object is not merely to declare the law upon some particular subject but to
declare it in the form of code.

Example - Civil Procedure Code 1908, The Hindu Marriage Act 195 The Hindu Succession act 19556.

ii) Consolidating Statutes -

Consolidating Statute it is a Statute which presents the whole body of statutory law on the subject in
complete form repealing the former Statute. It is a Statute which consolidated laws on a particular
subject at one place. The main purpose of the consolidating statute is to present the whole body of
statutory law on a subject in complete form repealing the former statute.

Example -

Arbitration and conciliation act 1996,

c) Remedial statute -

Remedial Statutes are those statutes which provide the remedy for a wrongful act in the form of
damages or compensation to the aggrieved party but do not make a wrongdoer liable for any penalty.
This types of Statute are beneficial to the weaker section of the society. They are directed towards
extending a certain benefit to the particular class of society... Therefore they are also called as welfare
legislation, for example, industrial dispute act 1947 workmen compensation act 1923, Consumer
Protection Act 1986.

Examples -

Workmen's Compensation Act 1923, Maternity Benefit Act 1961 Consumer Protection Act 1986,
Industrial Dispute Act 1947.

d) Enabling statute -
 Enabling statute is a Statute Which enables something to be done. It basically gives the power to do
something.

According to Craies, "many statutes have been passed to enable something to be done which was
previously forbidden by law, with or without prescribing the way it is to be done.

e) Amending Statute -

As we all know, Amendment means a change in the existing law. A law is amended when it is in
whole or in part permitted to remain and something is added to or taken away from it or it is some way
changed or altered to make it more complete or perfect or make it suitable to accomplish the purpose
for which it was made.

f) Repealing Statute -

Repealing Statute is a Statute which repeals Statute which already exists.

Example - The Code of Criminal Procedure,1973 repealed and reenacted Criminal Procedure Code
1898.

g) Taxing Statute -

A tax is imposed for the public purpose for raising general revenue of the state. A taxing statute is to
be strictly construed.

According to Lord Halsbury and Lord Simonds stated, "The subject is not to be taxed without clear
words for that purpose; and also that every Act of Parliament must be read according to the natural
construction of its words."
h) Penal Statute -

A penal statute is one which Punishes certain acts or wrong. Such Statute may be in the form of
a comprehensive criminal code or large number of sections providing punishment for different wrongs
for example - Criminal Procedure Code, Indian Penal Code etc. The penalty for disobedience may be in
the form of fine, forfeiture of property, imprisonment, death sentence etc.

2) Classification by method -

a) Mandatory or Directory Statute -

i) Mandatory Statute -

A Mandatory statute may be defined as one whose provisions or requirements, if not complied
with, will render the proceedings to which it relates illegal and void.

ii) Directory Statute -

A directory statute is one where noncompliance will not invalidate the proceedings to which it
relates.

3) Classification by reference to duration -

a) Temporary and Permanent/Perpetual Statute -

i) Temporary Statute -

This type of statutes are Statutes which are in existence for a known Period such Statutes are called
Temporary Statute. Life period of Statute is Fixed. In simple words this type of Statute, the period of
operation is fixed by the statute itself the statute is temporary in nature.
ii) Permanent/ Perpetual Statute -

When no time period is fixed the statute is permanent in nature. The dictionary meaning of the
term 'perpetual' is forever. Therefore perpetual Statutes are those which remain in force forever.

These Statutes comes to an end only when they are abolished by the legislature itself by way of enacting
another Statute.

Statutory construction- also known as statutory interpretation, is the process of determining what a
particular statute means so that a court may apply it accurately. The fundamental objective in statutory
construction is to determine and carry out the intent of the legislature. Courts will give effect to a
statutes plain meaning and assume the legislature means exactly what it says.

Case Roderick Daoang V. San Nicolas

The case was filed in the Municipal Court of San Nicolas, Ilocos Norte, Philippines. The petitioners,
Roderick Daoang and rommel Daoang, assisted by their father Romeo Daoang filed an opposition to the
adoption of minors Quirino Bonila and Wilson Marcos by Antero Agonoy and Amanda Ramos-Agonoy,
The petitioner claied that the spouses antero and amanda agonoy had legitimate daughter named
Estrella agonoy, who died on March 1, 19971. And therefore said spouses were disqualified to adopt
under Art 335 of the civil code. The municipal court of san Nicolas ilocos norte granted the petition for
adoption, The supreme court denied the petition and affirmed the judgement of the municipal court of
san Nicolas, ilocos norte without pronouncement as the cost.

Molina V. Rafferty

-MOLINA v. RAFFERTYNo. 11988, Apr. 4, 1918

Jacinto Molina, plaintiff and appellee, v. James J. Rafferty,Collector of Internal Revenue, defendant and
appellant

TOPIC AS PER OUTLINE

Statutory construction > Definition, concept, and purpose

FACTS AND ISSUEAct No. 2339, section 41

provides that:“In

computing the tax

above imposed transactions in thefollowing commodities shall be

: […] (c)

Agricultural products

when sold by the producer or ownerof the land where grown, whether in their original state
ornot.”Molina contends that the

fishes

he produced as were

those uponwhich the tax in question was levied

are

agricultural products

(not merely WON fish in general constitute an agricultural product).

SC: Yes

, said fishes are considered

agricultural products

RATIO DECIDENDI

The decision cites Judge Cooley who said, “The underlyingprinciple of all construction is that the

intent of the legislatureshould be sought in the words employed to express it

, andthat when found

it should be made to govern

.”

DISCUSSION

Assumption: By exempting agricultural products from this tax, the

farming industry would be favored

and the development of thecountry’s resources would be encouraged .Inference: The objective was to
levy the “merchant’s tax” upon those who are engaged in profiting from goods produced by others , but
to exempt from the tax all persons directly producing goods from the land On the term “agricultural
products”To accomplish the objective, instead of making a list of all xexempted products, the Legislature
has grouped them all underthe term “agricultural products.” If the artificial fish production is not to be
included in theexemption, this must be based upon the inadequacy of thelanguage used, rather than the
assumption that the intention was to exclude artificial fish producers from the benefits conferred
uponthe producers of other substances.The term “agricultural products” includes everything grown upon
the land, which serves to satisfy human needs, be it plantsor animals. Enclosing a given area of land and
flooding it withwater to grow aquatic plants that will be fed upon by fish is just asmuch an agricultural
process as allowing poultry to feed uponplants; hence, fish are just as truly a product of the land as
arepoultry or swine