CHAPTER ONE: Statutes  Private – applies only to a specific person or subject.

IN GENERAL Permanent and temporary statutes

Laws, generally • Permanent - one whose operation is not limited in duration

• A whole body or system of law but continues until repealed.

• Rule of conduct formulated and made obligatory by • Temporary - duration is for a limited period of time fixed in
legitimate power of the state the statute itself or whose life ceases upon thej happening of
an event. E.g. statute answering to an emergency
• Includes RA, PD, EO (president in the ex of legislative power),
Presidential issuances (ordinance power) Jurisprudence, ordinances Other classes of statutes
passed by sanggunians of local • Prospective or retroactive – accdg. to application
government units. • Declaratory, curative, mandatory, directory, substantive,
remedial, penal – accdg. to operation
Statutes, generally • According to form
• An act of the legislature as an organized body in the form and passed - Affirmative
according to the procedure, required to constitute it as part of the law of - Negative
the land.
(statutes are those enacted by the legislature are those passed by
Philippine Commission, Phil. Legislature, Batasang Pambansa, Manner of referring to statutes
Congress) • Public Acts – Phil Commission and Phil Legislature 1901-
• PD’s of Marcos during the period of martial law 1973 1935
Constitution • Commonwealth Acts – 1936- 1946
• EO of Aquino revolutionary period Freedom Constitution • Republic Acts – Congress 1946- 1972, 1987 ~
• Batas Pambansa – Batasang Pambansa
• Identification of laws – serial number and/or title
 Public – affects the public at large

• General – applies to the whole state and operates ENACTMENT OF STATUTES

throughout the state alike upon all people or all of Article VI Sec. 1
a class. “The legislative power shalll be vested in the Congress of the
• Special – relates to particular person or things of a Philippines which shall consist of a Senate and the House of
class or to a particular community, individual or Representatives, except to the extent power reserved to the people by
thing. the provision of initiative and referendum.
• Local Law – operation is confined to a specific
place or locality (e.g municipal ordinance) Legislative power is the authority to make laws, and to alter and
repeal them.
- the grant of legislative power to Congress is broad, general and
comprehensive
- The legislative body possesses a plenary power for all purposes of civil Passage of bill
government • Proposed legislative measure introduced by a member of
- Legislative power embraces all subjects and extends to matters of congress for enactment into law
general concern or common interest. • Shall embrace only one subject which shall be expressed in
- appears to be more extensive and broad than the executive and judicial the title
for without a law, executive has nothing to execute; and the judiciary has • Signed by authors
nothing to interpret and apply • File with the Secretary of the House
• Bills may originate from either lower or upper House
Legislative power is vested in Congress which shall consist of a • Exclusive to lower house
Senate and a House of Representatives, not in a particular chamber, - Appropriation
but in both chambers - Revenue/ tariff bills
- Bills authorizing increase of public debt
The Constitution requires that these initiatives must come from the - Bills of local application
House of Representatives on the theory that, they are elected from - Private bills
the districts, they can be expected to be more sensitive to the local • After 3 readings, approval of either house (see Art 6 Sec 26
needs and problems (1))
- initiative for filing revenue • Secretary reports the bill for first reading
- tariff or tax bills
- bills authorizing for filing public debt • First reading – reading the number and title, referral to the
- private bills appropriate committee for study and recommendation
- bills of local application • Committee – hold public hearings and submits
report and recommendation for calendar for second
reading
Non self-executing provisions – there is a need for enabling legislation
to implement them; requires the Congress to enact enabling legislation • Second reading – bill is read in full (with amendments
proposed by the committee) – unless copies are distributed
Self – executing provisions – no enabling legislation needed; may not and such reading is dispensed with
prevent Congress from enacting further laws to enforce constitutional - Bill will be subject to debates, motions and amendments
provisions within their confines, impose penalties for their violation, and - Bill will be voted on second reading
supply minor detail. - A bill approved shall be included in the calendar of bills for 3 rd
reading
Procedural requirements, generally
• Provided in the constitution (for Bills, RA) • Third reading – bill approved on 2nd reading will be
• Provided by congress – enactment of laws submitted for final vote by yeas and nays.
 Rules of both houses of congress (provided also by the
Constitution) A bill is approvd by either after it has gone three readings. Section 26
(2) Art. VI reads:
No bill passed by either house shall become a law unless it has
passed three reading on separate days, and printed copies thereof in its
final form have been distributed to its members three days before its Authentication of bills
passage, except when the President certifies to the necessity of its • this approval is indispensable to validity of the bill
immediate enactment to meet a public calamity or emergency. Upon the • Before sent to the President, the bill is authenticated
last reading of a bill, no amendment thereto shall be allowed, and the • By signing of Speaker and Senate President the printed copy of the
vote thereon shall be taken immediately thereafter, and the yeas and approved bill
nays entered in the Journal. - certified by both respective secretary of both House
- signify the President that the bill is approved by the legislature and
The except clause ready for his approval or rejection
- upon the certification of the President as to the necessity of the bill’s
immediate enactment to meet a public calamity or emergency, the
requirement of three readings on separate days and of printing and President’s approval or veto
distribution of printed copies thereof three days before its passage - Approves and signs
can be dispensed with. - Vetoes ( return with his objections to the house where it originated
- Presidential certification of bills may not be subject to judicial review within 30 days after receipt)
- Inaction
- If the President vetoes – send back to the House where it
originated with recommendation
CONFERENCE COMMITTEE REPORTS - 2/3 of all members approves, it will be sent to the other house for
- Bill approved on the 3rd reading will be transmitted to the “Other approval
House” for concurrence (same process as the first passage) - 2/3 of the other house approves – it shall become a
- If the “Other House” approves without amendment it is passed to law
the President - If president did not act on the bill with in 30 days
- If the “Other House” introduces amendments, and disagreement after receipt, bill becomes a law
arises, differences will be settled by the Conference Committees
of both houses
- Report and recommendation of the 2 Conference Committees 3 ways of how a bill becomes a law
will have to be approved by both houses in order to be  President signs it
considered pass.  Inaction of president with in 30 days after receipt
Conference Committee – the mechanism for compromising  vetoed bill is repassed by congress by 2/3 votes of all its
difference between the Senate and the House in the passage of law. members, each house voting separately.
- it has broader function
- may produce unexpected results beyond its mandate
- there is nothing in the Rules which limits a conference committee to PARTS OF STATUTES
a consideration of conflicting provisions
- it is within its power to include in its report an entirely new provision Preamble
that is not found either in the House bill or Senate Bill - a prefatory statement or explanation or a finding of facts, reciting the
- this is the reason why political scientists call the conference purpose, reason, or occasion for making the law.
committee as a third body of the legislature. - the legislature seldom puts preamble
- the statement embodying the purpose, reason, or occasion for the Subject of repeal of statute
enactment of the law is contained in its explanatory note. - repeal of a statute on a given subject is properly connected with the
- Presidential decrees and executive orders have preambles subject of a new statute on the same subject
because no preamble can the reason and purpose of the decree be - a repealing section in the new statute is valid
stated.
- Preambles play an important rule in the construction of Presidential
decrees How requirement of title construed
• Liberally construed
• If there is doubt, it should be resolved against the doubt and
Title of statute in favor of the constitutionality of the statute
• Mandatory law - Every bill passed by Congress shall
embrace only one subject which shall be expressed in the When there is compliance with requirement
title thereof (Art 6, Sec 26 (1) 1987 Constitution) • Comprehensive enough - Include general object
- a law enacted in violation is unconstitutional • If all parts of the law are related, and are germane to the
subject matter expressed in the title
2 limitations upon legislation • Title is valid where it indicates in broad but clear terms, the
- To refrain from conglomeration, under one statute, nature, scope and consequences of the law and its operations
of heterogeneous subjects • Title should not be a catalogue or index of the bill
- Title of the bill should be couched in a language • Principles apply to titles of amendatory acts.
sufficient to notify the legislators and the public - Enough if it states “an act to amend a specific statute”
and those concerned of the import of the single • Need not state the precise nature of the amendatory
subject. act.
• US Legislators have titles ending with the words “and for
Purposes of requirement (on 1 subject) other purposes” ( US is not subject to the same
• Principal purpose: to apprise the legislators of the object, Constitutional restriction as that embodied in the Philippine
nature, and scope of the provision of the bill and to prevent Constitution)
the enactment into law of matters which have not received
the notice, action and study of the legislators.
• To prohibit duplicity in legislation When requirement not applicable
• Apply only to bills which may thereafter be enacted into law
• Purpose of Title Requirement • Does not apply to laws in force and existing at the time the
- To prevent hodgepodge/ log-rolling legislation 1935 Constitution took effect.
- To prevent surprise or fraud upon the legislature • No application to municipal or city ordinances.
- To fairly apprise the people, through publication of
the subjects of the legislation Effect of insufficiency of title
- Used as a guide in ascertaining legislative intent • Statute is null and void
when the language of the act does not clearly • Where, the subject matter of a statute is not sufficiently
express its purpose; may clarify doubt or expressed in its title, only so much of the subject matter as is
ambiguity. not expressed therein is void, leaving the rest in force, unless
the invalid provisions are inseparable from the others, in • sections imposing sanctions for violation of its provisions
which case the nullity the former vitiates the latter • transitory provision
• separability clause
Enacting clause • effectivity clause
• Written immediately after the title
• States the authority by which the act is enacted
• #1 - Philippine Commission – “ By authority of the President of the Separability clause
US, be it enacted by the US Philippine Commission” • it states that if any provision of the act is declared invalid,
• #2 - Philippine Legislature- “ by authority of the US, be it enacted by the remainder shall not be affected thereby.
the Philippine Legislature” • that the nullity of one provision shall not invalidate the other provisions
• #3 - When #2 became bicameral: “Be it enacted by the Senate and of the act
House of Representatives of the Philippines in legislature assembled • It is not controlling and the courts may invalidate the whole
and by authority of the same” statute where what is left, after the void part, is not complete
• #4 - Commonwealth- “Be it enacted by the National Assembly of the and workable
Philippines • Presumption – statute is effective as a whole
• #5 – when #4 became bicameral: “be it enacted by the Senate • its effect: to create in the place of such presumption the
and House of Representatives in congress assembled” – same opposite of separability.
1946-1972/1987-present.
• #6 – Batasang Pambansa: “Be it enacted by the Batasang Repealing Clause
Pambansa in session assembled” - the repeal is not a legislative declaration finding the earlier law
• #7 – PD “ NOW THEREFORE, I ______ President of the unconstitutional
Philippines, by the powers vested in me by the Constitution - the power to declare a law unconstitutional does not lie with the
do hereby decree as follows” Legislature but with the courts.
• #8 – EO “Now, therefore, I, ____ hereby order”
Effectivity Clause
- provision when the law takes effect
Purview of statute - it shall take effect 15 days from the publication in the Official Gazzette
• that part which tells what the law is about or in a newspaper of general Circulation
• body of statute should embrace only one subject should only
one subject matter, even there provisions should be allied
and germane to the subject and purpose of the bill. Meaning of certain bills originating from LOWER HOUSE
• Statue is usually divided into section. w/c contains a single Section 24
proposition. All appropriation, revenue, tariff bills, bills authorizing increase of the
• Parts public debt, bills of local application, and private bills, shall originate
o short title exclusively in the House of Representatives, but the Senate may propose or
o policy section concur with amendments,
o definition section
o administrative section - because they are from the districts, the members of the House can be
o sections prescribing standards of conduct expected to be more sensitive to the local needs and problems
- senators who are elected at large, are expected to approach the same fiscal autonomy – freedom from outside control, guarantee of full flexibilitu to
problems from national perspective. allocate and utilize their resources with wisdom and dispatch that their needs
require.
- violates the consti
Enactment of budget and appropriations law - the independence and separation of powers
4 major phases:

1. Budget Preparation 3. Procedure in approving appropriations

2. Budget Authorization shall strictly follow the procedure for approving appropriations for the other
3. Budget Execution departments and agencies.
4. Budget Accountability
4. Special appropriation bill to specify purpose
shall specify the purpose for which it is intended, and shall be supported by
General Appropriation bill funds actually available as certified by the National Treasurer, or to be raised by
– special type of legislation, limited to specified sums of money a corresponding revenue proposal therein."
dedicated to specific purposes
- the power to specify how the money shall be spent 5. Restriction on transfer of appropriation; exception. -
"No law shall be passed authorizing any transfer of appropriations; however, the
Restrictions to passage of budget or revenue bills President, the President of the Senate, the Speaker of the House of
1. Budget preparation by the President and submission to Congress Representatives, the Chief Justice of the Supreme Court, and the heads of
The Congress may not increase the appropriations. recommended by the Constitutional Commissions may, by law, be authorized to augment any item in
President for the operation of the Government as specified in the budget. The the general appropriations law for their respective offices from savings in other
form, content, and manner of preparation of the budget shall be prescribed by items of their respective appropriations.
law.
- power of the purse belongs to Congress the final say on the matter is lodged in the Senate President or the Speaker
(1) the funds to be realized or transferred are actually savings in the items of
2. Each provision must relate specifically to particular appropriation. expenditures from which the same are to be taken; and
"No provision or enactment shall be embraced in the general appropriations bill (2) the transfer or realignment is for the purpose of augmenting the items of
unless it relates specifically to some particular appropriation therein. Any such expenditures to which transfer or realignment is to be made."
provision or enactment shall be limited in its operation to the appropriation to
which it relates
inappropriate provision – any provision which is intended ti amend another
law 6. Discretionary funds requirements.
- Discretionary funds appropriated for particular officials shall be disbursed only
- neither may Congress include in the appropriation bill the provisions which for public purposes to be supported by appropriate vouchers and subject to such
restrict the fiscal Autonomy of the Judiciary, Civil Service Commission, guidelines as may be prescribed by law."
Commisions on Elections, Commission on Audit and Office of the
Ombudsman 7. Automatic re-enactment of budget.
"If, by the end of any fiscal year, the Congress shall have failed to pass the through ad equate remuneration and other means of job satisfaction and
general appropriations bill for the ensuing fiscal year, the general appropriations fulfillment.
law for the preceding fiscal year shall be deemed reenacted and shall remain in
force and effect until the general appropriations bill is passed by the Congress.

8. President's veto power. 1.14. Rules and records of legislative proceedings.

"The President shall have the power to veto any particular item or items in an The Constitution requires that legislative proceedings be duly recorded in
appropriation, revenue, or tariff bill, but the veto shall not affect the item or accordance with the rules of each of the Houses. Article VI provides: Sec. 16 (3)
items to which he does not object." Each House may determine the rules of its proceedings, xxx

An item in a bill refers to the particulars, the details, the distinct and several (4) Each House shall keep a Journal of its proceedings, and from time to time
parts of the bill. publish the same, excepting such parts as may, in its judgment, affect national
It is an indivisible sum dedicated to a stated purpose. security; and the yeas and nays on any question shall, at the request of one-fifth
An item in an appropriation bill means an item which in itself is a specific of the Members present, be entered in the Journal. Each House shall also keep a
appropriation of money, not some general provision of law, which happens to be Record of its proceedings.
put into an appropriation bill"

9. No public funds to be spent except by law. 1.15. Power to issue its rules of proceedings.
No money shall be paid out of the Treasury except in pursuance of an Each House has the power to issue its own rules of proceedings. The rules may
appropriation made by law." not, however, ignore constitutional restraints or violate fundamental rights, and
further that there should be reasonable relation between the mode or method of
- that only Congress can authorize the expenditure of public funds by the proceedings established by the rules and the result which is sought to be
passage of a law to that effect attained.

10. No public money or property for religious purposes. - No public money or -Unless the rules of proceedings have violated any of these restrictions in
property shall be appropriated, applied, paid, or employed, directly or indirectly, the enactment of a law, the law may not be declared unconstitutional for not
for the use, benefit, or support of any sect, church, denomination. having been enacted in accordance with the internal rules,"

11. Money for special purpose. -Conversely, if the internal rules violate the Constitution or the
All money collected on any tax levied for a special purpose shall be treated as a fundamental rights of an individual and the same have no reasonable
special fund and paid out for such purpose only. If the purpose for which a relation between the mode or method of proceeding established by the rule
special fund was created has been fulfilled or abandoned, the balance, if any, and the result which is sought to be attained, such rules may be declared
shall be transferred to the general funds of the Government." unconstitutional.

12. Highest budgetary priority to education, directory. - Section 5(5) of

Article XIV of the Constitution provides: Unimpeachability of legislative journals
(5) The State shall assign the highest budgetary prior ity to education and ensure • Journal of proceedings
that teaching will attract and re tain its rightful share of the best available talents • Conclusive with respect to other matters that are required by
the Constitution
• Disputable with respect to all other matters
• By reason of public policy, authenticity of laws should rest - such withdrawal renders the bill without attestations and nullifies its status as
upon public memorials of the most permanent character an enrolled bill.
• Should be public
- and where the journal discloses that substantial amendments were introduced
and approved but were not incorporated in the printed text sent to the President
Enrolled bill for signature, the court can declare that he bill has not been duly enacted and
• Bills passed by congress authenticated by the Speaker and did not accordingly become a law.tr
the Senate President and approved by the President
• Importing absolute verity and is binding on the courts
o It carries on its face a solemn assurance that it was PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
passed by the assembly by the legislative and
executive departments. Presidential issuances
• Courts cannot go behind the enrolled act to discover what • are those which the president issues in the exercise of
really happened ordinance power.
o If only for respect to the legislative and executive
departments • i.e. EO, AO (administrative orders), proclamations, MO
• Thus, if there has been any mistake in the printing of the bill (memorandum orders), MC (memorandum circulars), and
before it was certified by the officer of the assembly and general or special orders.
approved by the Chief Executive, the remedy is by • Have force and effect of laws
amendment by enacting a curative legislation not by judicial
decree. • Executive Orders
• Enrolled bill and legislative journals - Conclusive upon the courts -acts of the President providing for rules of a
• If there is discrepancy between enrolled bill and journal, general or permanent character in the
enrolled bill prevails. implementation or execution of constitutional/
Withdrawal of authentication, effect of statutory powers.
• Speaker and Senate President may withdraw if there is - do not have the force and effect of laws enacted by
discrepancy between the text of the bill as deliberated and congress
the enrolled bill. - different from EO issued by the President in the ex
• Effect: of her legislative power during the revolution
o Nullifies the bill as enrolled Presidential decree under the freedom constitution
o Losses absolute verity
o Courts may consult journals • Administrative Orders
- acts of the President which relate to particular
Withdrawal of Authenticity, effect of. aspects of governmental operations in pursuance of
- the Speaker and the President of the Senate may withdraw their respective his duties as administrative head.
signatures from the signed bill where there is serious and substantial discrepancy
between the text of the bill as deliberated in and shown by the Journal and that • Proclamations
of the enrolled bill. - acts of the President fixing a date or declaring a
statute or condition of public moment or interest, • Substantive rules – if it affects or takes away vested rights;
upon the existence of which the operation of a right to appeal
specific law or regulation is made to depend
• Procedural rules – means of implementing existing right;
where to file an appeal for transferring the venue
• Memorandum Orders
- acts of the President on matters of administrative • Rules and regulations issued by the administrative or
details or of subordinate or temporary interest executive officers in accordance with and authorized by law,
which only concern a particular officer or office of have the force and effect of law
government Requisites for validity
 Rules should be germane to the objects
• Memorandum Circulars and purposes of the law
- acts of the president on matters relating to internal  Regulations be not in contradiction with,
administration which the President desires to bring but conform to, the standards that the
to the attention of all or some of the departments, law prescribes
agencies, bureaus, or offices of the government,  The be for the sole purpose of carrying
for information of compliance into effect the general provisions of the
law
• General or Specific Order
- Acts and commands of the President in his o Law cannot be restricted or extended
capacity as Commander-in-Chief of the AFP o Law prevails over regulations, if there are
discrepancies
Supreme Court circulars; rules and regulations
• See Art 8, Sec. 5(5) 1987 Constitution • Rule-making power of public administrative agency is a
• See Art. 6, Sec. 30 1987 Constitution delegated legislative power – if it enlarges or restricts such
• It has been held that a law which provides that a decision of statute is invalid
a quasi-judicial body be appealable directly to the SC, if
enacted without the advice and concurrence of the SC, ineffective • Requisites for delegating a statute by legislative branch to
o Remedy or applicable procedure – go to CA another branch of government to fill in details, execution,
enforcement, or administration of law.... the law must be:
• Rules of Court – product of the rule-making power of the SC -Complete in itself
o Power to repeal procedural rules - Fix a standard which may be express or implied
o No power to promulgate rules substantive in nature
(unlike the legislative department)
 Example of “standard” – simplicity and
dignity; public interest; public welfare;
interest of law and order; justice and
equity and substantial merit of the case;
adequate and efficient instruction
• Example:
o Change of “and/or” to “or” – invalid
o Change of “may”(permissive) to “shall”
(mandatory) – invalid (Grego v COMELEC pp 22)

Administrative rule and interpretation distinguished

• Rule – “makes” new law with the force and effect of a valid
law; binding on the courts even if they are not in agreement
with the policy stated therein or with its innate wi dom
• Interpretation – merely advisory for it is the courts that
finally determine what the law means
• Administrative construction is not necessarily binding upon
the courts; it may be set aside by judicial department (if there
is an error of law, or abuse of power or lack of jurisdiction or
GAD – grave abuse of discretion)
Barangay ordinance
• Sangguniang barangay – smallest legislative body; may pass
an ordinance by majority of all its members; subject to
review by Sangguniang bayan/ panglungsod
• Sangguniang bayan/ panglungsod – take action on the
ordinance within 30 days from submission; if there’s
inaction, it is presumed to be consistent with the municipal
or city ordinance; if inconsistency is found, it will remand to
the Sangguniang barangay
Municipal ordinance
• Lodged in the Sangguniang bayan
• Majority of the quorum voting, ordinance is passed
• Ordinance sent to Mayor within 10 days for approval or
veto; if there’s mayor’s inaction, ordinance is presumed
approved; if vetoed and overridden by 2/3 of all members,
ordinance is approved
• Approved ordinance is passed to Sangguniang panlalawigan
for review
o Within 30 days may invalidate in whole or in part
and its action is final; if there’s inaction within 30
days, it is deemed valid