1.

declaratory statute

A statute enacted to clarify the law on a particular matter, intended to end any doubts as to its meaning.

Declaratory statute is a statute enacted to clarify prior law by reconciling conflicting judicial decisions or
by explaining the meaning of a prior statute. Declaratory statute merely declares the existing law
without proposing any additions or changes. The purpose of a declaratory statute is to declare or settle
the law where its correct interpretation has been doubtful or uncertain.

2. CURATIVE STATUTE

The statutes that cure the defects in the prior law and validates proceedings, instruments or acts
undertaken under the defective law.

3. MANDATORY/ IMPERATIVE

Statute that mandates the dong or refraining from doing certain acts and prescribes penalties from
nonobservance.

a. Positive
Those statutes which require the doing the doing of an act in a certain manner or from and the
nonobservance is sanction by a penalty, are called positive statutes.
b. Negative
Those statutes which are refraining from the doing a certain act and providing penalty for its
contravention are called negative statues.
Ex: the provisions of the election laws prescribing the time limit to file certificates of candidacy
and the qualifications and disqualifications to elective office are mandatory even after the
elections.

4. DIRECTORY/AFFIRMATIVE
Statues that recommend the doing or not doing of a certain act but does not imposes any
penalty on its nonobservance.
Ex:
5. SUBSTANTIVE
A statute which deals with the substance of law. i.e. creating or extinguishing the rights and
duties. For example, PPC, transfer of property act etc.
6. REMEDIAL
These are civil in nature. They are dealing with the remedies to be granted to individuals in case
of violation of their private or civil rights.
The remedies may include restitution, compensation, declaration, specific performance,
damages and even penal damages etc.
Example: specific relief act 1897
7. PENAL
A statute which basic aim is to prescribe punishments for certain criminal acts.
Example: the whipping act, 1909 and the abolition of the punishment of whipping act 1996.
-primary objective behind penal statute is to define punishments for certain acts which have
been categorized as criminal.
 Tañada vs. Tuvera
146 SCRA 446, No. L-63915
December 29, 1986

FACTS

The petitioners are now before us agai\v\\vn, this time to move for reconsideration/clarification of that
decision. Specifically, they ask the fg x ollowing questions:

1. What is meant by '' law of public nature'' or " general applicability"?

2. Must a distinction be made between laws of general applicability and laws which
are not?
3. What is meant by "publication"?
4. Where is the publication to be made?
5. When is the publication to be made?

Resolving their own doubts, the petitioners suggest that there should be no distinction between laws of
general applicability and those which are not; that publication means complete publication; and that the
publication must be made forthwith in the Official Gazette.

In the Comment required of the then Solicitor General, he claimed first that the motion was a request
for an advisory opinion and should therefore be dismissed, and, on the merits, that the clause "unless it
is otherwise provided" in Article 2 of the Civil Code meant that the publication required therein was not
always imperative; that publication, when necessary, did not have to be made in the Official Gazette;
and that in any case the subject decision was concurred in only by three justices and consequently not
binding. This elicited a Reply refuting these arguments. Came next the February Revolution and the
Court required the new Solicitor General to file a Rejoinder in view of the supervening events, under
Rule 3, Section 18, of the Rules of Court. Responding, he submitted that issuances intended only for the
internal administration of a government agency or f or particular persons did not have to be published;
that publication when necessary must be in full and in the Official Gazette; and that, however, the
decision under reconsideration was not binding because it was not supported by eight members of this
Court.

ISSUE

Whether the publication of a law may be dispensed with for its effectivity.

RULING

No. The court held that “After a careful study of this provision and of the arguments of the parties, both
on the original petition and on the instant motion, we have come to the conclusion, and so hold, that
the clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement
of publication itself, which cannot in any event be omitted. This clause does not mean that the
legislature may make the law effective immediately upon approval, or on any other date, without its
previous publication.”
Declaratory statute - A declaratory statute is a statute to remove doubts either in the common law
or in the statutory law. Passing of a declaratory statute becomes desirable when certain expressions
in common law or statutes are being misunderstood.
This may happen, for example;-, where the courts have been interpreting a particular expression as
connoting (signifying) a specific meaning which the legislature feels is a wrong notion (concept;
idea) of the expression. In such a case, the legislature may pass a declaratory statute declaring the
correct meaning of that expression thereby setting at rest the controversy about the correct
meaning of the expression. Mere use of the expression “it is hereby declared” does not necessarily
make the statute a declaratory statute. Generally, a declaratory statute contains a preamble and
also the word declared as well as the word “enacted”.
The main object of such an Act is to remove doubts as to the meaning of the existing law, or to
rectify an interpretation which the legislature thinks is wrong. Such a statute does not create
substantive (genuine; real) rights; it simply declares the law as it is and as it had been at the time
when the Act came into force.
A declaratory Act has retrospective operation but already decided matters under the Act cannot be
reopened. If, however, during the pendency of an appeal, a declaratory Act is passed, the appeal
will be decided on the basis of such Act.
For example;-
In England, the, Territorial Waters Jurisdiction Act, 1878 and the Freshwater Fisheries Act, 1886
are illustrations of declaratory statutes.
In India, the Income Tax (Amendment) Act, 1985 which added explanation 2 to Section 40 of
the Income Tax Act, 1961 and the Finance Act, 1987 amending the definition of “Owner of house
property” in Section 27 are declaratory Acts.

4. Remedial statute - A remedial statute is one whereby a new favour or a new remedy is
conferred. The main object of passing such a statute is to make improvements in the enforcement
of one's rights or for redress of wrongs and remove defects or mistakes in the former law. Of late,
another synonymous expression, viz., socio-economic legislation, is being preferred by many.

Some illustrations of remedial statutes are the Maternity Benefits Act, 1961 and the
Workmen's compensation Act, 1923.
In many remedial Acts the words “for remedy whereof” have been used immediately before the
language of the enactment. Some people including Blackstone hold the view that remedial statutes
could be enlarging as well as restraining. The Acts could be enlarging when narrow common law
was widened or restraining when existing common law right was cut down. It is probably true that
all legislations in a welfare State is enacted with the object of promoting general welfare, but
certain types of enactments are more responsive to some urgent social demands and also have
more immediate and visible impact on social vices by operating more directly to achieve social
reforms. A remedial statute receives liberal construction and doubt is resolved in favour of the
persons for whose benefit the statute is enacted.
7. Penal statute - A penal statute is one which punishes certain acts or wrongs. Such a statute may
be in the form of a comprehensive criminal code or a large number of sections providing
punishments for different wrongs.
Law/Sem-V/Interpretation of Statute
B.K.Nishad

Page 5
Some example;-s of such statutes are the Indian Penal Code, Arms Act, 1959, Prevention of Food
Adulteration Act, 1954 etc.
The penalty for the disobedience of the law may be in the form of fine, forfeiture of property,
imprisonment and even death. Where obedience to law is enforced not by an individual action but
by a command of the law in the form of punishment, the statute is penal. A penalty can be imposed
only when the letter of the law says so unambiguously (clear or definite in meaning) and any doubt
has to be resolved in favour of the alleged offender.

Curative or validating statute - A curative or validating statute is one which is passed to cure
defects in prior law, or to validate legal proceedings, instruments or acts of public and private
administrative authorities which in the absence of such an Act would be void for want of conformity
with existing legal requirements, but which would have been valid if the statute had so provided at
the time of enacting.
The purpose of a validating statute is to remove the cases of ineffectiveness or invalidity of actions
or proceedings which are validated by a legislative measure. A validating legislation normally
contains the expression “notwithstanding any judgment, decree or order of any court.” The
purpose of such an expression is to validate some actions which would otherwise be unlawful or
which may have been declared invalid by a court.
A natural consequence of the passing of a curative Act may be the validation of such actions, which
would otherwise be invalid, up to the extent of the validation by the legislature. The result of the
validation is that notifications or other steps taken which may otherwise have been invalid become
valid.