STATUTORY CONSTRUCTION A. IN GENERAL 1.

01 Laws Jural and generic sense refers to the whole body or system of law Jural and concrete sense, law means a rule of conduct formulated and made obligatory by legitimate power of the state

Includes: Statutes enacted by the legislature Presidential decrees and executive order issued by the President in the exercise of his legislative power Other presidential issuances in the exercise of his ordinance power Rulings of the Supreme Court construing the law Rules and regulations promulgated by administrative or executive officers pursuant to a delegated power, AND Ordinances passed by sanngunians of local government units

Philippine Legislature Congress of the Philippines Laws which are of the same category and binding force as statutes are: Presidential Decrees Issued by the President in the exercise of his legislative power during the martial law in the 1973 Constitution Executive orders Issued by the President in the exercise of his legislative power during the revolutionary period under the Freedom Constitution.

Public Statute One which affects the public at large or the whole community. Classifications of Public Statutes General Law One which applies to the whole state and operated throughout the state alike upon all the people or all of a class. Is one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. Special Law One which relates to particular persons or things of a class or to a particular community, individual or thing. Local Law

1.02 Statute Is an ACT of the LEGISLATURE as an organized body expressed in the form and passed according to the procedure, required to constitute it as part of the law of the land. Statutes enacted by the legislature are those passed by: Philippine Commission

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One which is confined to a specific place or locality (e.g. Municipal Ordinance) Private Statute One which applies only to a specific person or subject

Affirmative (form) Negative (form)

1.05 Manner of referring to Statutes Public Acts Statutes passed by the Philippine Commission and the Philippine Legislature from 1901 1935

1.03 Duration of Statues: Permanent Statute One whose operation is not limited in duration but continues until repealed. Does not terminate by the lapse of time or the occurrence of an event Neither disuse nor custom or practice to the contrary operates to render it ineffective inoperative. Temporary Statute One whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event. 1.04 Other

Commonwealth Acts Laws enacted during the Commonwealth from 1936 1946 Republic Acts Passed by the Congress of the Philippines from 1946 1972 and from 1987 under the 1987 Constitution Batas Pambansa Laws promulgated by the Batasang Pambansa Presidential Decress Passed by the president during martial law Executive Orders Passed by the Aquino Admin during post-dictatorship B. ENACTMENT OF STATUTES

classes of statutes: Prospective (application) Retroactive (application) Declaratory (operation) Curative (operation) Directory (operation) Substantive (operation) Remedial (operation) Penal (operation)

1.06 Legislative Power, generally Is the power to make, alter and repeal laws. Congress

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Under the Constitution, it is where the legislative power is vested to. (Art VI, Sec 1, 1987 Constitution)

1.09 Passage of a Bill Bill It is a proposed legislative measure introduced by a member of a Congress for enactment into law. It shall embrace only one subject which shall be expressed in the title thereof. Signed by its author(s) and filed with the Secretary of the House. It may originate either from the Lower or Upper House o Exception: appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application and private bills. These bills shall originate exclusively from the House of Representatives. It will approved by either Houses after it has gone through three readings. The constitution provides that no bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of the bill, no amendment thereto shall be allowed, and the vote thereon Page 3

1.07 Congress Legislative Power The Constitution provides that the legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a house of Representatives, EXCEPT to the extent reserved to the people by the provision on initiative and referendum. It is the peculiar province of the legislature to prescribe the rules for the government of the society. Essential feature of the legislature function is the determination of the legislative policy, its formulation and promulgation as defined and binding rule of conduct. 1.08 Procedural Requirements, generally It has been held that a bill may be enacted into law ONLY in the manner the Constitution requires and in accordance to the procedure therein provided. Congress provides in detail the procedure by which a bill may be enacted into law. The detailed procedure is embodied in the Rules of both Houses of Congress, promulgated pursuant to the constitutional mandate empowering it to determine its rules of proceedings. Faith Camille Sullera Briones LLB 1

shall be taken immediately thereafter, and the yeas and nays entered in the Journal. First Reading The Secretary reports the bill. Consists of reading the number and the title of the Bill. Followed by its referral to the appropriate Committee for study and recommendation. Second Reading The bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with. After amendments have been acted upon, the bill will be voted. A bill approved on the second reading shall be included in the calendar of bills for the Third Reading. Third Reading The bill as approved on the second reading will be submitted for final vote by yeas or nays. Note: If the other House introduces amendments and the House where it originated doesnt agree with the said amendments, the differences will be settled by the Conference Committees of both Chambers.

Sc circulars Administrative rules and regulation Local ordinances

PARTS OF STATUTES I. Title II. Enacting clause III. Preamble IV. Purview or body V. Separability Clause VI. Repealing Clause VII.Saving Clause VIII. Effectivity Clause Repealing Clause *all existing laws inconsistent with the newly enacted law are deemed repealed accordingly

Savings Clause If there is a savings clause, it should be a repealing law Restriction in a repealing act which is intended to save rights, pending proceedings, penalties, etc from the annihilation which should result from an unrestricted repeal Effectivity Clause When the law takes effect. Preamble You can read why the law was passed Explanation Presidential Issuances Ordinance power his authority as head of the Executive Dept Page 4

Hierarchy of law Constitution Statutes passed by congress Presidential issuance Faith Camille Sullera Briones LLB 1

Executive Orders - Rules of a general or permanent character in the implementation or execution of constitutional or statutory

LEGISLATIVE POWER - Power to make, alter, repeal laws - Vested upon the Congress HOW A BILL BECOMES A LAW? Originates - Either upper or lower There must be three readings on separate days and printed copies procedure.

Due Delegation of Legislative Power: 1. The law must be complete to itself must set forth the policy to be executed, carried out or implemented by the delegate. 2. The law must fix a standard the limits of which are sufficiently determinate or determinable to which the delegate must conform in the performance of his functions. Delegates cant change the law! ADMINISTRATIVE RULE - Makes new law with the force and effect of a valid law - Binding on the courts - Requires publication for effectivity ADMINISTRATIVE INTERPRETATIONS - Merely interprets an existing law - Merely advisory or recommendatory upon the court; not binding on the courts - Does not require publication for effectivity LOCAL ORDINANCES Does the barangay captain have veto power? - No, because he is a member of the legislative body; he is a member of the council Faith Camille Sullera Briones LLB 1

CHAPTER 2: construction and interpretation Interpretation confine to the literal meaning of the text Construction going beyond the literal meaning of the text Vague Statutes Vague laws between Perfectly Vague Laws Vague laws - Its meaning can still be saved by using the rules of statutory construction - It can still be saved

Perfectly Vague Law - After resorting to stat con, one cannot still determine the meaning - It is unconstitutional for it provides due process. - Cannot be saved by stat con Rules of Statutory Construction - Tools to ascertain legislative intent Page 5

Basic Rule - What is the intent of the law? Intent divided into two: Purpose Why is the law enacted? Meaning Literal meaning The language of the law If the meaning and purpose are contrasting, purpose will prevail.

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