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Rules enunciated and declared by the

competent authorities for the governance of


the community

 Enactments of the
Legislative Department

 Rules and regulations which


have the force and effect of law

What is
STATUTE LAW
?
CLASSIFICATIONS OF STATUTE LAW

Conventional Legislation
 Enactments by national or local
legislative bodies, or in which
they may have participated

Subordinate Legislation
TWO TESTS:  All rules and orders, issued
1. Completeness Test pursuant to law by administrative
2. Sufficiency of Standard Test and judicial agencies
“Valid only when the delegation is valid”

ACCORDING TO
ENACTING AUTHORITY
CLASSIFICATIONS OF STATUTE LAW

External Legislation
 Rules of general application
 Those affecting order and
procedure in a community

Subordinate Legislation
 Rules of restricted application
 Those affecting order and
procedure among members
of legislative, judicial, or
administrative office

ACCORDING TO
APPLICATION
CLASSIFICATIONS OF STATUTE LAW

Constitution
Treaties and Other International Agreements
Statutes Proper
Presidential Issuances
Administrative Rules and Regulations
Charters of Local Government Units (LGU’s)
Legislations of LGU’s
Tribunal/Court Rules
Legislative Rules

ACCORDING TO
CLASSES OF LEGISLATION
CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics
1935 Constitution
 Established a republican form of government patterned after the American
political system

 Amendments in 1939 liberalized all laws and economic provisions of the


Tydings-McDuffie Law.

 Amendments in 1940 established a bicameral legislature, the re-eligibility of


the president and the vice-president for one reelection, and the reduction of
their terms of office from six years to four years; also created the Commission
on Elections.

 Amendments in 1947 gave American citizens equal rights with Filipinos in the
exploitation of the country’s natural resources and the operation of public
utilities.
CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics
1943 Constitution
 Passed during the Japanese Occupation

 Effective during the Second World War

 Provided for the transition from the Commonwealth to the Republic with the
complete withdrawal of American Sovereignty from the Philippines on July 5,
1946
CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics
1973 Constitution
 Approved by the Constitutional Convention during the Martial Law period,
declared by then President Ferdinand Marcos on September 21, 1972

 Amendments in 1976 gave the president legislative power in times of emergency,


and created the interim Batasang Pambansa in lieu of the interim National
Assembly through other amendments.

 Amendments in 1981 gave permission to natural born citizens who lost their
citizenship to own private land, and established a modified parliamentary form of
government.

 Amendments in 1983 provided for the appointment of Batasang Pambansa


members, the creation of the Office of the Vice-President, the abolition of the
Executive Committee, and the provision for urban land reform and a social
housing program, among others.
CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics

1987 Constitution
 Approved by the Constitutional Commission of 1986 headed by Justice
Cecilia Muñoz Palma
C
iting
the
onstitution

Const. (1935), art. III.

Const. (1973), art. III, sec. 1.

Const. (1987), art. III, sec. 1, par. (3).


Background and record of the Constitutional Convention
Interpretation of the Constitution
by the Supreme Court of the Philippines
Commentaries on the Constitution appearing in
treatises, legal periodicals, encyclopedias, and textbooks

Other helpful documents and sources


for the study of Constitutional Law
TREATIES AND
OTHER INTERNATIONAL AGREEMENTS

Treaties
 International agreements entered into by the Philippines, which
require legislative concurrence after executive ratifications

 International agreements involving political issues or changes


of national policy and those involving international
arrangements of a permanent character usually take the form
of treaties

 May be bilateral (between two nations), or multilateral


(between several nations)

“No treaty or international agreement shall be


valid and effective unless concurred in by at least
two-thirds of all the Members of the Senate.”
Const. (1987), art. VII, sec. 21.
TREATIES AND
OTHER INTERNATIONAL AGREEMENTS

Executive Agreements
 Similar to treaties except that they do not require legislative
concurrence

 International agreements embodying adjustments of detail carrying


out well-established national policies and traditions and those
involving arrangements of a more or less temporary nature usually
take the form of executive agreements.

 Examples:
RP-CHINA (ZTE) Loan Agreement (Controversial)
Visiting Forces Agreement
RP-Japan Exchange of Notes dated 27 December 1999, and
Loan Agreement No. PH-P204 dated Decemeber 28, 1999
RP-ADB Loan No. 1654-PHI
CITING TREATIES AND
EXECUTIVE AGREEMENTS

Treaty of Friendship with India, July 11,


1952 (1953), II-2 DFATS 1, 2 P. T. S.
797, 203 U. N. T. S. 73.
STATUTES PROPER
 Acts 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

 Of the same category are Presidential Decrees and Executive Orders


issued by the President in the exercise of his/her legislative power during
the period of martial law and the revolutionary period, respectively.

Public Statute vs. Private Statute


Permanent Statute vs. Temporary Statute
Prospective Statute vs. Retroactive Statute
Affirmative Statute vs. Negative Statute
Declaratory, Curative, Mandatory,
Directory, Substantive, Remedial,
or Penal Statute
CITING STATUTES

Public Laws
Issued by the Philippine Commission, Philippine Assembly, and Philippine
Legislature (1900-1935)
PHILIPPINE TARIFF ACT OF 1909
Act. No. 7 (1909), art. 3.

Commonwealth Acts
Issued by the National Assembly and Congress (1935-1941)
An Act amending article one hundred and fifty of the Revised Penal Code
Com. Act. No. 52 (1936), sec. 1.

Presidential Decrees
Issued by President Marcos as legislator under Martial Law
(September 21, 1972 – February 20, 1986)
THE CHILD AND YOUTH WELFARE CODE
Pres. Decree No. 603 (1975)
CITING STATUTES

Batas Pambansa
Issued by the Batasang Pambansa (July 23,1984 - February 1, 1986)
AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT
OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND EIGHTY-ONE AND FOR OTHER
PURPOSES
Batas Blg. 80 (1981).

Executive Orders
Issued by President Aquino as legislator in the Revolutionary Government
(February 23, 1986 - July 26, 1987)
DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION
ONHUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION,
PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR
OTHER PURPOSES.
Exec. Order No. 163 (1987).
CITING STATUTES
Republic Acts
Issued by Congress (1946-1972; July 27, 1987 to present)
National Service Training Program (NSTP) Act
Rep. Act. No. 9163 (2002), sec. 4.

OTHER RELATED MATERIALS


Code
A systematic and comprehensive compilation of laws, rules, or regulations that are
consolidated and classified according to subject matter
Civil Code, (1889), art. 67.

Bills
General measures, which if passed upon, may become laws
AN ACT PROVIDING A FULL TUITION SUBSIDY FOR STUDENTS ENROLLED IN STATE
UNIVERSITIES AND COLLEGES (SUCS), AND APPROPRIATING FUNDS THEREFOR
S. No. 2986, 16th Cong. Third Sess. (2015)
CITING STATUTES
Resolutions
Joint Resolution
Concurrent Resolution
Simple Resolution
RESOLUTION DECLARING AS READ AND APPROVED THE
JOURNAL OF THE 50TH SESSION OF THE SENATE
S. Res. 1566, 14th Cong., 3rd Sess. (2010)

Committee Report
Describes the purpose and scope of the bill, explains any committee amendments,
indicates proposed changes in existing law and such other materials that are relevant
Comm. On National Defense and Security, H. Rpt. 25, 16th Cong., 2nd Sess. (2013).
PRESIDENTIAL ISSUANCES
 Issued by the President in the exercise of his ordinance power

 Ordinance power granted under Chapter 2, Book III of Executive Order


No. 292 (Administrative Code of 1987)

Executive Orders
Administrative Orders
Proclamations
Memorandum Orders
Memorandum Circulars
General or Special Orders
Acts of the President providing for rules of a
general or permanent character in the
implementation or execution of constitutional
or statutory powers

CREATING THE NATIONAL CYBERSECURITY INTER-AGENCY


COMMITTEE
Exec. Order No. 189 (2015)

EXECUTIVE ORDERS
Acts of the President relating to particular
aspects of governmental operations in
pursuance of his duties as administrative head

CREATING AN INTER-AGENCY TASK FORCE TO INITIATE, IMPLEMENT


AND MONITOR EASE OF DOING BUSINESS REFORMS
Adm. Order No. 38 (2013).

ADMINISTRATIVE ORDERS
Acts of the President fixing a date or declaring a
status or condition of public moment or interest, upon
the existence of which the operation of a specific law
or regulation is made to depend, shall be promulgated
in proclamations which shall have the force of an
executive order

DECLARING OCTOBER 20, 2015 AS “WORLD STATISTICS DAY”


Proc. No. 1135 (2015).

PROCLAMATIONS
Acts of the President on matters of administrative
detail or of subordinate or temporary interest which
only concern a particular officer or office of the
Government shall be embodied in memorandum
orders

APPROVING THE 2014 INVESTMENT PRIORITIES PLAN


Memo. Order No. 74 (2014).

MEMORANDUM ORDERS
Acts of the President on matters relating to internal
administration, which the President desires to bring to
the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for
information or compliance, shall be embodied in
memorandum circulars

AUTHORIZING PARTICIPATION IN THE 12TH ANNUAL CAREER


EXECUTIVE SERVICE (CES) CONFERENCE
Memo. Circular No. 51 (2013).

MEMORANDUM CIRCULARS
Acts and commands of the President in his capacity
as Commander-in-Chief of the Armed Forces of the
Philippines shall be issued as general or special
orders

ENSURING PRIORITY DEVELOPMENT SUPPORT FOR


LOCAL PEACE INITIATIVES
Gen. Order No. 8 (2007).

GENERAL OR SPECIAL ORDERS


ADMINISTRATIVE RULES
AND REGULATIONS
 Rules and regulations issued pursuant to law by administrative and judicial
agencies

 Usually issued by Heads of Department and Bureaus

IMPLEMENTING RULES AND REGULATIONS OF


REPUBLIC ACT NO. 10625, OTHERWISE KNOWN AS
THE PHILIPPINE STATISTICAL ACT OF 2013

Sample Citation:
DCI (Cooperatives) Adm. O. No. 1 (1963).
CHARTERS OF
LOCAL GOVERNMENT UNITS
 The laws under which a city or town or other municipal corporation
exercises its privileges, performs its duties, and discharges its obligations,
including all matters in which it has a direct interest and a right to regulate
and control

 Two main classes: (a) Created by statue and (b) Created and Adopted by
the voters of a city or town by constitutional authorization
LEGISLATION OF LOCAL LEGISLATIVE BODIES

 Refers to the power of a local legislative body to make rules in the form of
ordinances and resolutions of local application that have the force and effect
of law.

 The 1991 Local GovernmentGovernment Code vests legislative power to the


sanggunian at different levels of local government:

Sangguniang Panlawigan for provinces


Sangguniang Bayan for municipalities
Sangguniang Panlungsod for cities
Sangguniang Barangay for barangays

 In the autonomous regions of the country, legislation is made by the regional


legislative assemblies, e.g. Regional Legislative Assembly of the
Autonomous Region in Muslim Mindanao.
Example:

ORDINANCE NO. 8323. AN ORDINANCE CREATING THE


MANILA DISASTER RISK REDUCTION AND MANAGEMENT
OFFICE, DEFINING ITS DUTIES AND RESPONSIBILITIES,
PROVIDING THE NECESSARY FUNDS THEREFOR AND FOR
OTHER PURPOSES. (Manila City, 2013).

Citation:

Manila Ordinance 8323, August 13, 2013.


TRIBUNAL OR COURT RULES

 Internal rules of a court or agency with express quasi-judicial powers. They


govern practice and procedures who come before the courts or tribunals

 Shall apply in all the courts (including quasi-judicial), except as otherwise


provided by the Supreme Court

 These Rules shall be liberally construed in order to promote their objective


of securing a just, speedy and inexpensive disposition of every action and
proceeding.

 Examples:
Rules of Court
Civil Procedure
Criminal Procedure

 Citation:

RULES OF COURT, Rule 130, sec. 2, par. (a).


Legislative Rules

 Rules of procedure for the internal order of law making


bodies

 Both the Senate and House of Representatives have their


separate rules

Examples:

Rules in Aid of Legislation


Rules on Impeachment Proceedings

Citation:
RULES OF PROCEDURE GOVERNING INQUIRIES
IN AID OF LEGISLATION OF THE HOUSE OF
REPRESENTATIVES. sec. 3, par. (a).