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Laws include: i.

General – applies to all belonging to the


same class
ii. Special – applies to particular persons
1. Statutes enacted by the legislature within a class
2. Presidential decrees and executive orders iii. Local – applies to a locality (e.g. Charter of
issued by the President in the exercise of his Cebu)
legislative power
3. Issuances of the President in the exercise of According to duration
his ordinance power
4. Rulings of the Supreme Court i. Permanent – will continue in force unless
5. Rules and regulations promulgated by repealed
administrative bodies pursuant to a ii. Temporary – contingent upon the
delegated power happening of an
6. Ordinances passed by provincial boards of
local government units event; for a limited period or has an
expiration date
Two Ways of Enacting Laws:
According to applicability
1. Basic procedure – violation renders the
statute void i. Prospective – applies to current and future
2. Written procedure (detailed) – internal cases
rules; violation does not render the statute ii. Retroactive – applies to past cases
void
Bills that should originate from the HR (ART-B3)
3 Modes of Passing a Law:
1. Affirmative action – the President signs the bill
1. Appropriation – allocation of funds for a
within 30 days;
particular
2. Counter-action – veto of the President is
overwritten by 2/3 vote of the Congress;
purpose
3. Inaction – the President does not act on the bill
within 30 days
2. Revenue – any legislation that tries to raise
funds for the
Classifications of Statute

government
According to subject matter (substance over form)

3. Tariff – duties paid for the importation of


i. Public – affects the public at large or the
goods
whole
4. Bills authorizing increase in public debt – to
address a
community; persons and the State (e.g.
deficit (target collection not met); normally,
Constitutional Law)
the government avoids borrowing from
private institutions so that is does not
ii. Private – applies only to a specific person or compete with the private sector for funds
subject; which can drive the interest rate up (even
higher than inflation)
between persons or individuals (e.g. Family
Code) 5. Bills of local application – e.g. naming of a
city in favor of a certain person, creation of
According to scope a municipality
6. Private bills – e.g. grant of honorary  - 1 subject 1 title (Article 6, Section 26 (1))
citizenship to a foreigner (‘adopted son’)  - Purpose:
1. Prevent hodgepodge or logrolling
Steps in Enacting a Bill legislation
2. Prevent fraud upon legislation or
1. First Reading – reads title and surprise
number 3. To fairly apprise the people of the
2. Referral to Appropriate Committee nature and impact of the statute
– studies the bill and
2. Preamble – explains the purpose,
proposes recommendations 3 reason or occasion of making the
Ways to Kill a Bill law; common in Presidential
Decrees (explanatory note for
1. No study – nothing Republic Acts); although not an
happens after referral to indispensable part of a statute, it
committee may be consulted to determine the
2. Negative legislative intent of the act when
recommendation there is an ambiguity
3. No recommendation – 3. Enacting Clause – states by what
nothing happens after the authority the act is enacted (e.g.
study Be it enacted by the Senate and
3. Second Reading – reads bill in full House of Representatives in
or distributes printed Congress assembled);
indispensable
4. Purview or Body of the Statute –
copies to Members of the House
contains the provisions of the law;
for consideration; voting on the
what the law is all about; heart and
approval of the amended bill
soul of a statute; indispensable
(technically the final version)
5. Separability Clause – general rule:
if certain portions of the law are
4. Third Reading – approval by a declared void or unconstitutional,
majority vote (yeas or nays) the remaining portions are not
5. Bill is transmitted to the other affected and remain in force and
House for consideration (same effect (partial constitutionality and
procedure) unconstitutionality); to save the
work, time and effort of Congress
Powers of the Conference Committee 6. Repealing Clause – existing laws
that are inconsistent with the said
1. Endorse a bill in toto law are deemed repealed
2. Introduce changes to the 7. Effectivity Clause – states when
bill – insert or omit the law shall take effect (Article 2
provisions of the New Civil Code. Laws shall
3. Produce an entirely new take effect after 15 days following
or substitute bill – the completion of their publication
conference bill either in the Official Gazette or in a
4. Empowered not to make a newspaper of general circulation,
report at all unless otherwise provided.) - If
silent, after 15 days; if upon
Parts of a Statute approval, after publication; and if
after x days after publication, on
1. Title – subject matter; the date specified
indispensable
Authorized Presidential Issuances apply the same;

1. Executive Order – provides rules of general b. Executive – enforcement of laws and may
or not enact of

permanent character in the implementation apply the same; and


of
c. Judiciary – application of laws and may not
constitutional or statutory powers enact or

2. Administrative Order – relates to particular enforce the same


aspects of
Three Issues on Validity of Rule-Making
governmental operations in the discharge
of the duties a. Permissible Delegation

of the President as the administrative head i. Delegation of Tariff Powers to the President

3. Proclamation – fixes a date or declares ii. Delegation of Emergency Powers to the President
status or condition of public moment or
interest upon the iii. Delegation to the People at large

existence of which the operation of specific iv. Delegation to Local Governments


law or
v. Delegation to Administrative Bodie
regulation is made to depend
b. Validity of Delegation
4. Memorandum Order – relates to matters of
i. Completeness test
administrative detail which only concern a ii. Sufficient standard test
particular
c. Validity of Exercise
officer or office of the government
Does it conform with:
5. Memorandum Circular – refers to internal
i. What the statute provides
administration, which the President desires ii. Whether the same is reasonable
to bring to the attention of agencies of the
government for information or compliance
Kinds of Rule-making Powers

6. General or Special Order – acts or


Supplementary (particular delegation of
commands of the President as the
authority) – administrative bodies may
commander-in-chief of the AFP
implement broad policies laid down in the
statute by “filling-in” details which the Congress
Separation of Powers – the allocation, division or may not have the opportunity or competence to
distribution of the major powers of government, as provide
follows: (manifestation of republicanism).
Interpretative (interpretation of statute being
a. Legislature – enactment of laws and may administered) – power of administrative
not enforce or
agencies to interpret and construe the statutes Exceptions:
entrusted to them for implementation
1. over-breadth doctrine;
Contingent – The Congress may provide that law 2. third-party standing;
shall take effect upon the happening of future
specified contingencies leaving to some other 3. The constitutional question must be raised at the
entity the power to determine when the earliest possible opportunity.
specified contingency has arisen (determination
of facts) 4. The constitutional question must be the very lis
mota of the case; the decision on the constitutional
Limitations on Rule-Making Power question must be necessary to the determination of
the case itself.
1. Not inconsistent with the Constitution
2. Not inconsistent with the statute Effect of Unconstitutionality
3. Cannot amend an act of the Congress
4. Cannot exceed the provisions of basic law 1. Orthodox View
5. Reasonable and not unfair or 2. Modern View
discriminatory
Construction
Requirements for a Valid Ordinance
Definition of Black
1. Must not contravene the
Constitution or statute
1. discovering or expounding
2. Must not be unfair or oppressive
2. legislative intent
3. Must not be partial or
3. ambiguity
discriminatory
4. doubtful intent
4. Must not prohibit but may
5. or fact that the given case is not explicitly
regulate trade
provided for in the law
5. Must be general and consistent
with public policy
6. Must not be unreasonable Definition of Martin

1. art of
Requisites of Judicial Inquiry
2. seeking the intent of the legislature
3. in enacting the statute
1. There must be an actual case or
4. in applying it to a given case
controversy.
2. The question of constitutionality must be
Ambiguities exists:
raised by the proper party

1. Admits two or more meanings;


Taxpayer’s Suit – proper when public funds are:
2. Capable of being understood in more than 1
meaning;
1. illegally disbursed;
3. Refers to two or more things at the same
2. delegated to improper purpose;
time;
3. wasted through invalid or unconstitutional
4. Susceptible to more than 1 interpretation;
law
5. Literal interpretation will result to absurd
consequences;
Member of Congress – may question validity of: 6. Statute is in conflict with the Constitution;
and
1. presidential veto; 7. Statute defeats the policy of the legislature
2. condition imposed in appropriation bill;
3. AO as the usurpation of legislative power
Interpretation vs. Construction 1. Enlarge the scope of the statute
2. Insert into the law what it thinks
As to Interpretation Construction should be in it
Ascertain Ascertain legislative 3. Revise action of the legislature
Purpose 4. Rewrite the law
legislative intent intent
5. Interpret into the law a
Applicability Ambiguity exists Ambiguity exists
requirement not prescribed
Discover the 6. Engraft any limitations in its
Manner Draw conclusions
meaning operation or scope
Limited to written Transcends the text
Reference
text of statute Basic Rules in Statute Appreciation
Type of Aid Apply – when law speaks in clear and categorical
Intrinsic aids Extrinsic aids language

Interpret – when there is ambiguity in


Legislative Purpose vs. Legislative Meaning vs. language of statute, ascertain legislative
Legislative Intent intent by making use of intrinsic aid

reason why the Construe – when intent of legislature


Legislative to grant laborers share cannot be ascertained by merely making
statute was
purpose in the sugar produce use of intrinsic aids, courts should resort to
enacted
to give laborers share extrinsic aid
what the law
when sugar is
Legislative comprehends, Aids to Construction
produced and planters
meaning covers, or Intrinsic Aid – those found in printed page of statute
receive increased
embraces itself
participation
to make the act
operative irrespective Extrinsic Aid – those extraneous facts and
of whether there circumstances outside the printed page
the design, plan, exists a milling
Legislative
purpose or end agreement between Presumptions – those based on logic and established
intent
sought the central and sugar provisions of law
planters
Intrinsic Aid Matrix
Basic Guidelines in Statutory Construction
1. Verba legis – when the statute is plain and Kind Definition Value Case
ambiguous, it warrants an ordinary meaning Ebarle v.
Expresses subject Great Sucaldito
2.Stare decisis (stand by decisions) – when the Title
matter weight (156 SCRA
Supreme Court has laid down a principle applicable 803)
to a certain set of facts, it shall adhere to that Santiago v.
principle and apply it to all future cases where the Great Comelec
facts are substantially the same. Sub-title Subordinate title
weight (270 SCRA
106)
3. Non-retroactivity of judicial rulings – Article 4 of People v.
the Civil Code. States objective of Low
Preamble Echaves (95
enactment degree
SCRA 663)
Limitations on the Power to Construe Paras v.
Words or phrases Great Comelec
The courts may not: Context
used weight (G.R. No.
123169)
Nera v.
Comma, semi- Low
Punctuation Garcia (106
colon, perioddegree
Phil. 1031) Extrinsic Aid Matrix
Low
Headnotes Kare v.
Prefixed to degree
Platon (56
sections/chapters Kind Value Reason Case
Phil. 248)
Legislative Best Celestial
History means to Nickel v.
Great
Context (antecedents ascertain MicroAsia
weight
of the legislative (G.R. No.
Rules on Lingual Text statute) intent 169080)
Executive
Expertise
Construction Cemco
Great and
Controlling Consult (by Holdings v.
Language respect experienc
administrativ National Life
e
e bodies)
(unless (ambiguity, Illustration
(officially Contemporar
otherwise omission,
promulgated) y Made by
provided) mistake)
Circumstance Strongest in three
English and Spanish 1987
English s (conditions law branches
Spanish text Constitution:
during of gov’t
Filipino is the
enactment)
national
language Policy of law It
Tinio v.
Great embodies
Frances (G.R.
1987 (what the law weight legislative
No. 171815)
Administrative encourages) intent
Filipino and Code: In the Part of
English interpretation Legal Tung Chin Hui
English Other texts Judicial
(official of a law or Great System v. Rodriguez
Construction
language) administrative weight (Art. 4, (G.R. No.
(stare decisis)
issuance New Civil 137571)
promulgated Code)
in all official But
languages, cannot
Legislative
English shall prevail
Interpretatio Respectful Endencia v.
prevail over
n (prescribes consideratio David (93
Spanish (with court’s
RPC (enacted rules of n Phil. 696)
foreign Spanish Other texts prerogativ
in Spanish) construction)
translation) e to
Judiciary Act decide
of 1948 Dictionaries
English (with Use of Estrada v.
(approved in Great definition Sandiganbaya
foreign English Other acts
English, (List of words
translation) weight is n (G.R. No.
translated in with their
presumed 148560)
Spanish meanings)
Filipino (with Adoption
Foreign
foreign Filipino of foreign People v.
Decisions
translation) Other texts Great decisions Pagpaguitan
(Construction
weight is (315 SCRA
by foreign
presumed 226)
courts)
Kinds of Contemporaneous Circumstances

Kinds of Legislative History Kind Rule


Examine circumstances when
Kinds Definition Rule Case History of the statute was enacted and interpret it
Contains his times in the light of the conditions then
Aid in obtaining
thoughts on
President’s ascertaining Conditions at Consider conditions obtaining, at
the
Message legislative the time of the time the statute was enacted to
proposed
intent enactment ascertain legislative intent.
legislation
Exposition May be resorted to by the Courts
Principles of
on bill and Resorted to where statute is modelled after
Explanatory common law
arguments where there Anglo-American precedents
Note
for its is ambiguity Prior laws from Courts may look to prior laws on
passage which statute is same subject and to investigate
Used to based antecedents of statute involved
discover Purpose of law Courts must look to object to be
Prepared by
reform or mischief to accomplished, evils to be remedied,
Committee sub-
which be suppressed or purpose to be sub-served and
Reports organizatio
statute give the law construction which will
n
intended to best effectuate its purpose.
make
Used to Types of Executive Interpretations
discern
Disquisition
Sponsorship underlying
of bill’s
Speech purpose or
author Type Form Reason
object of
statute Value
Deliberation Circular; Competence;
Debates and Administrative Great
Discussion s on the bill Directive; Experience;
Deliberation Officers weight
on the bill may be Regulation Expertness
s Chief legal
adopted Secretary of Legal Great
Investigate adviser of the
Justice opinions Respect
Change in history of Gov’t
Modificatio Commissione Executive
Phraseology provision to Ruling in Competence;
n of r of Customs Officer with Great
by discover Adversary Experience;
wordings in v. CTA (224 Quasi-Judicial Weight
Amendment meaning of Proceeding Expertness
the statute SCRA 665) Power
s amended
law
Give
amended
statute a
Removal of
Amendment construction
words in a
by Deletion different
statute
from that
previous to
amendment

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