Parts of A Statute
Parts of A Statute
Parts of A Statute
1. Preamble- is a prefatory statement or explanation or finding of facts, which recites the purpose,
reason, or occasion for making the said law to which it is prefixed.
2. Title- it is stated in the Constitution that every bill passed in the Congress shall embrace only
one subject which is expressed in the Title.
a. Purpose of Title Requirement- apprise the legislators of the object, nature and scope of
the provisions of the bill, and to prevent the enactment into law of matters which have
not received the notice, action and study of the legislators.
- Prohibit duplicity
b. Subject of repeal of statute- the repeal of a statute in a given subject is properly
connected with the subject matter of a new statute on the same subject, therefore a
repealing section in the new statute is valid.
c. How requirement of title is construed- the constitutional requirement as to title should
be liberally construed. It should not be given technical interpretation, nor should be
narrowly construed as to cripple or imped the power of the legislation.
d. When requirement not applicable- does not applies to law which took effect before the
1935 Constitution.
e. Effect of Insufficiency of Title- A statute whose title does not conform to the
constitutional requirement or is not connected in any manner to its subject is null and
void.
3. Enacting clause- that part of the statute written immediately after the title thereof which states
the authority the act is enacted. (ex. “Be it enacted by Batasang Pambansa in session
assembled”.
4. Purview or body of Statute- part which tells what the law is all about. Should also embrace one
subject matter.
5. Seperability Clause- that part of the statute which states that if part of the provision of an act is
declared invalid, the remainder shall not be affected thereby.
6. Repealing Clause- a clause in a statute repealing a previous enactment. When legislature
repeals a law, the repeal is not a legislative declaration finding the law unconstitutional.
7. Effectivity clause- provision when the law takes effect. Usually 15 days after the publication on
Official Gazette.
8. Saving Clause- is a clause in a statute limiting the scope of repeal of prior statutes. It may also
used in a contract, so that if any clause is determined to be unenforceable, the remainder of the
statute or contract will remain intact and enforceable.