Statcon Midterm Reviewer

Elaine F.
Fallarcuna
STATUTORY CONSTRUCTION REVIEWER FOR MIDTERM Professor: Atty. Cabigas
San Sebastian College of Law - Recoletos
1. Definition of Law:
Law inits broadest sense means any rule of action or norm of conduct applicable to all kinds of action
and to all objects of creation whether they refer to state law, physical law, divine law and others.
o Pertains to the general concept of the law
o Identify and associate it to the various kinds of law
Law in its legal sense is defined as a rule of conduct just and obligatory, laydown by legitimate authority
for the common observance and benefit of its constituents.
o Specific definition
o Giving the characteristics of law
Elements of Law in its legal sense:
1. It is a rule of conduct serve as guides of an individual
2. Law must be just guides for human conduct, embodied in the new civil code (human relations)
3. It must be obligatory the purpose of the must be served
4. It must be prescribed by legitimate authority section 1 article 2 of the Philippine Constitution which
says that sovereignty resides in the people emanates from them.
5. It must be ordained for the common observance and benefit
- SALUS POPULIEST SUPREMA LEX the welfare of the people is the supreme law.
Includes:
1. Statues enacted by the legislature
2. Presidential decree
3. Executive orders
4. Other presidential issuance in the exercise of his ordinance power
5. Rulings of the Supreme Court
6. Rules and regulation promulgated by administrative or executive officers pursuant to a delegated
power
7. Ordinance passed by LGU
Note: 2 and 3 are made by the president in the exercise of his legislative power.
a. Natural Law This law derives its force and authority from God. It is superior to other laws. It is binding
to the whole world, in all countries and at all times. It is derived from nature.
1. Physical Law universal rule of action that governs the conduct and movement of things which
are non free and material.
2. Moral Law set of rules which establishwhat is right and what is wrong as dictated by the
human conscience and as inspired by the eternal law. It is subjective and relative.
3. Divine Law any law comes directly from God.
a. Divine Positive Law Ten Commandments of God
b. Divine Human Positive Law Commandments of the Church
b. Positive Law it requires the participation of man to be active.
1. Public Law affects society as a whole. It is the study of the law that regulates the relationship
between the individual and the state.
i. Constitutional Law isthe fundamental law of the land which defines the powers of
government.
Elaine F. Fallarcuna
ii. Administrative Law That law which fixes the organization and determines the
competence of the administrative authorities and which regulates the methods by which
the functionsof the government are performed.
iii. International Law body of rules which regulates the community of nations.
iv. Criminal Law branch or division of public law which defines crime, treats of nature and
provides for their punishment.
2. Private Law body of rules which creates duties, rights and obligations, and the means and
methods of setting courts in motion for the enforcement of a right or of a redress of wrong.
i. Substantive Private Law duties rights and methods
those rules which declare legal relations of litigants when the courts have been
properly move to action upon facts duly presented to them.
They are laws which establish rights and duties.
What the law grants, the court cannot deny. The first duty of the judge is to apply the law, even if
it is wise or not , whether it is just or unjust, provided that the law is clear and there is no doubt.
In case of doubt, the judge should presume that the lawmaking body intended right and justice
to prevail
ii. Procedural or Adjective Private Law means of enforcing the law
- refers to the means and methods of setting the courts in motion, making
the facts known to them and effectuating their judgments.
2. Sources of Law
1. Legislation Before martial law on September 21, 1972, the power to legislate law is vested in the
congress of the Philippines which consists of the Senate and House of Representatives. During the
Martial Law, the power to legislate in the President, the reason why we have Presidential Decrees. After
the revolt of the people on February 25, 1986, the government was separated in three (3) departments.
The three branches operating under the doctrine of separation of powers are restored, with each
department being committed to do its utmost share in bringing about a mere democratic and efficient
system of government that is responsive to the needs of the people.
2. Precedent This means that the decisions or principles enunciated by a court of competent jurisdiction on
a question of law do not only serve as guides but also as authority to be followed by all other courts of
equal or inferior jurisdiction in all cases involving the same question until the same is overruled or
reversed by superior court.
Judicial decisions applying or interpreting the laws or the Constitution shall form part of the
legal system of the Philippines. (New Civil Code)
3. Court Decisions J udicial decisions which apply or interpret the constitution and the laws are part of the
legal system in the Philippines but they are not laws. They are evidence of the meaning and interpretation
of laws.
Doctrine of Stare Decisis means that once a case has been decided one way, then another case involving
exactly the same question or point of law should be decided in the same manner. This doctrine is also be
abandoned if another decisions is made.
- It is a doctrine that when court has once lay down a principle and apply it to
all future cases, where facts are substantially the same, regardless of whether
the parties and properties are the same.
Stare Decisis et non quieta movere
- Follow past precedents and do not disturb what has been settled
Article 9 of the Civil Code
No judge or court shall decline to render judgment by reason of silence, obscurity or
insufficiency of the laws.
The court can engage in the judicial legislation according to Article 9 of the new Civil Code. The
court do and must legislate to fill in the gasps in the law; because the mind of the legislature,
like other human beings, is finite and therefore cannot imagine all possible cases to which the
law may apply
4. Custom has been defined as a rule of conduct formed by repetition of acts, uniformly observed
(practice) as a social rule, legally binding and obligatory.
Customs have the force of law only when they are acknowledged and approved by society through long
and interrupted usage.
Requisites before the court consider custom:
a. A custom must be proved as a fact according to the rule of evidence (Art. 12, NCC)
- A local custom as a source of right cannot be considered by a court of justice unless such
custom is properly established by competent evidence like any other fact.
b. The custom must not be contrary to law (Art. 11, NCC)
- J uridical custom must be differentiated from social custom. The juridical custom can
supplementary statutory law or applied in the absence of such statute. Not so with social
custom. Customs which are contrary to law, public order or public policy shall not be
countenanced. Custom, even proven, cannot prevail over statutory rule enunciated by the
Supreme Court.
c. There must be a number of repeated acts and these repeated acts must have been uniformly
performed.
d. There must be a judicial intention to make a rule of social conduct; and
e. A custom must be acknowledged and approved by society, through long and uninterrupted usage.
5. General Principles of Law
6. Rules of Statutory Construction
7. Foreign Jurisprudence
3. Statute
Difference between Law and Statute
Law used to identify different kinds of laws such as Criminal Law, Civil Law and others.
Statute Law comes from legislative power. It is an act of legislature as an organized body, expressed in the
form, passed according to theprocedure, required to constitute it as part of the law of the land.
a. Public Statute refers to which affects the public at large or the whole community.
Classifications:
1. General Statute - refers to which applies to the whole state and operates throughout the state alike
upon all the people or all of a class.
Example: The Family Code
2. Special Statute refers to which relates to a particular persons or things of a class or to a
particular community, individual or thing.
Example: Child and Youth Welfare Law
3. Local Statute refers to whose operation is confined to a specific place or locality.
Example: Law Granting Autonomy in Southern Philippines
b. Private Statute applies only to a specific person or subject. It defines, regulates, enforces and
administers relationships among individuals, associations and corporations.
5. Classification of Laws
a. As to Nature
1. Penal Law defines criminal offenses specify corresponding fines and punishments.
a. Impose punishment for an offense committed against the state. Interpreted against the
state and in favor of the accused.
2. Remedial Law providing means or method whereby causes of action may be effectuated, wrong
redressed and relief obtained procedural law
a. Designed to correct an existing law, redress an existing grievance or introduce
regulations conducive to the public good.
3. Labor law governs relationship between the employee and employer (ex. 13
th
pay law)
a. Governs the rights and obligations of employers and employees, providing as well for the
rules by which such rights and obligations may be enforced.
4. Tax Law impose rules and regulations related to taxation to the creation of particular sources or
revenue such as taxes, fees and charges
a. Provides for the assessment or collection of money by government for its constituents
(ex. National Internal Revenue Code
b. As to Application
1. Mandatory those which contain words of command or of prohibition and non-compliance with
the same renders the proceedings to which it relates illegal and void.
a. They are not just criminal statute but all like civil code, law on sales ect.
b. Violating the mandatory statute affects the right of the person.
c. Mas mabigat
2. Directory - those which are permissible or discretionary in nature and merely outline the act to
be done in such a way that no injury can result fromignoring it or that its purpose can be
accomplished in a manner other than that prescribed and substantially the sameresult obtained.
a. Di mabigat
b. Why is it not conflicting that the statute is directory to obligatory.
Because whether it is mandatory or directory, it is obligatory. Effects of non compliance
How to Determine Mandatory Directory
Terminology shall and must may and it is lawful
Materiality of the
Provision
Affect substantial rights and are the
very essence of the thing required to be
done
Do not affect any substantial right and do
not relate to the essence of the thing to be
done, so that compliance is a matter of
convenience rather than substance
Consequences Failure of performance will result to an
injury or prejudice to the substantial
rights of interested persons
Failure of performance will not result to the
injury or prejudice of the substantial rights
of interested persons.
Penalty Accompanied by a penalty for a failure
to observe it
Otherwise it is directory if it is not
accompanied by penalty
c. As to duration
1. Permanent - whose operationis not limitedin durationbut continues until repealedby the competent
legislative power,.
- Directs to the of doing an act
- Example: New Labor Code/ Rules of Court
2. Temporary - whose duration is for a limited period of time fixed in the statute itself or whose life
ceases upon the happening of an event.
- Limited period of time
- Example: Presidential Decree No. 851 granting 3th Month Pay
6. MANNER OF IDENTIFYING STATUTES
Year Form of Government(Legislative Body) Statutes
1900-1935 Philippine Commission
Bicameral
Public Acts
1935-1946 Philippine Commonwealth
Unicameral
Commonwealth Acts
1946-1972 Philippine Congress
Bicameral
Republic Acts
1972 - 1986 Batasang Pambansa
Unicameral
(vested in the president)
Batas Pambansa
Presidential Orders
Executive Orders
1986-1987 Transition Period (President)
Unicameral
Executive Order
Presidential Decrees
1987 - present Congress of the Philippines
Bicameral
Senate of the Philippines and House of
Representatives
Republic Acts
Note: All statutes are identified either by their respective titles or their serial numbers.
7. LEGISLATIVE POWER
It is the power of lawmaking, the framing and enactment of laws.
This is affected through the adoption of the bill, or proposed or projected law, which once approved
become a statute.
It includes the power to alter and repeal laws.
Under the 1973 and freedom constitution, the president exercised legislative power which remained
valid until repealed.
LGU can enact ordinances within their own jurisdiction, but such laws are inferior and subordinate to
the lawsof the state.
Administrative or executive officer can make rules and regulations to implement specific laws
Statute is the written will of the legislature, solemnly expressed according to the form necessary to
constitute it the law of the state.
2 Kinds of Legislative Power
1. Original power belonging to the sovereign people and this is supreme.
2. Derivative delegated by the sovereign people to a legislative body and is subordinated to the
original power of the people.
Who exercises legislative power?
- Vested in the congress of the Philippines consists of a senate and the house of Representatives
- During Martial Law, legislative power is vested in the president.
- Article VI Section 1 of the 1987 Constitution
o The legislative power shall be vested in the Congress of the Philippines which shall consist
of a senate and house of representatives, except to the extent reserved to the people by the
provision of initiative and referendum.
o Initiative power of thepeople to proposeamendment of the constitution, repeal, make and enact laws.
- Defined as the power of the people to propose bills and laws, and to enact and reject them
at the polls, independent of the legislative assembly. It is the right of a group of citizens
to introduce a matter for legislation either to the legislature or directly to the voters.
Originated from people
No interventions from the congress
3 types of Initiative
1. Constitution the initiative is to amend constitution
2. Statutes the initiative is to make and repeal statutes
3. Local Legislation the initiative is to make and enact local legislation
o Referendum the power to approve and reject law.
- the right reserved to the people to adopt or reject any act or measure which has been
passed by a legislative body and which in most caseswould without actions on the part of
the electors become a law.
- Defined as a method of submitting an important legislative measure to a direct vote of the
whole people the submission of a law passed by the legislature for their approval or
rejection.
Originated from the Congress
There is an interventions from the congress
Self executing Provisions enforceable force e.g. Bill of rights
None self executing Provisions it requires an enabling law or statute e.g. criminal law
Question: CAN WE USE THE SYSTEM OF REFERENDUM AND INITIATIVE AT THE MOMENT?
Answer: Yes!
Question: IS THE LEGISLATIVE POWER ABSOLUTELY OR SOLELY FOR CONGRESS?
o Answer: No, according to Article VI Section 1 of the 1987 constitution which states that the legislative
power shall be vested in the Congress of the Philippines which shall consist of a senate and house of
representatives, except to the extent reserved to the people by the provision of initiative and referendum.
Essential feature of the legislative function is the determination of the legislative policy and its formulation
and promulgation as a defined and binding rule of conduct
HOW A BILL BECOMES A LAW?
A bill is a proposed legislative measure introduced by a member of Congress for enactment into law.
Types of a Bill
1. Appropriate Bill one primary and specific purpose of this is to authorize the release of funds from the
public treasury
2. Revenue Bill one that levies taxes or raises funds for the government
3. Tariff Bill specifies the rate or duties to be imposed on imported articles
4. A bill increasing a public debt illustrated by one floating bonds for public subscription redeemable
after a certain period.
5. A bill of local application one involving purely local or municipal matters, like a character of a city.
6. Private Bills illustrated by bill granting honorary citizenship to a distinguished foreigners.
Passage of a bill:
1. A bill shall embraceonly one subject which shall be expressed in the title thereof. It shall be signedby
its author and filed with the Secretary of the House.
2. A bill may originate in the lower or upper house except appropriation, revenueor tariff bills, bills
authorizingincreaseof public debt, billsof local application, privatebills, whichshall originate
exclusively in the House of Representatives.
3. A bill is approved by either house after it has gone three readings on separate days except when the
President certifies to the necessity of its immediate enactment.
4. Steps:
a. Prepared or Graft a bill
Grafting Division
Bill and Index Services
They will provide a number and will reproduce and include in the order of first
reading
b. First Reading: The Secretary reports for the first reading, which consistsof readingthenumber
and titleof thebill, followed by its referral to the appropriate Committee for study and
recommendation. Determine if it needs a public hearing.
if needed, they will call an experts, academiciansor specialists
if not, there is a committee discussion. They will make a report and then refer it to the
committee on rules.
The Committee on Rules will schedule it on the 2
nd
reading.
However, the report may introduce a new case. This new case will bereferred to the
Bill and Index Services; they will provide a number and registration.
c. Second Reading: thebill shall be readin full withtheamendments proposedby the
Committee, if any, unless copiesthereof aredistributed andsuchreadingisdispensed
with. After the amendments, the bill will be voted on second reading.
- Debate what are those to be included?
- Sponsorship who will approve?
- Voting
-
d. Third reading: the bill approved on second reading will be submitted for final vote by yeas and
nays. No amendments may be introduced.
Article VI Section 26, paragraph 2
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 to its
immediate enactment to meet a public calamity or agency. Upon the last reading of a bill, no
amendment thereto shall be allowed and the vote thereon shall be taken immediately thereafter
and the yeas and Nays entered in the journal.
e. The bill approved on the third reading by one house is transmitted to the other house for
concurrence, which will follow the same procedures as a bill originally filed with it.
f. If the other house introducesamendmentsandtheHouse fromwhich it originateddoes not
agreewith said amendments, the differences will be settled by the Conference Committee of
bothchambers, whose report or recommendation thereon will have to be approved by both
Houses inorder that it will be considered passed by Congress and thereafter sent to the
President for action.
g. If the President shall veto it, and if after such consideration, two- thirds of all the Members
of such House shall agree to pass the bill, it shall be sent, together with the objections, to the
other Houseby which it shall likewisebe reconsidered, and if approved bytwo-thirds of all the
Members of that House, it shall become a law.
A bill passed by Congress becomes a law in either of four ways:
1. When thePresident signsit
2. When the President does not sign nor communicate his veto of the bill within thirty days after his
receipt thereof
3. When the vetoedbill is repassed byCongress by two-thirdsvote of all its members, votingseparately.
4. When there is an special election for president and vice president
Procedure for enactment of appropriations and revenue bills is same with ordinary bills, but it may only
come from the lower house. Appropriations bill are subject to the restrictions or qualifications as provided
in the Constitution [Art VI, Sec. 25] and [Art. VI Sec. 27 (2)]
The lawmaking process in Congress ends when the bill is approved by the body. Approval is essential to the
validity of the bill.
The system of authentication
devised is the signing by the Speaker and the Senate President of theprinted copy of the approved bill,
to signify to the President that the bill being presented to him has beenduly approved by the legislature
and is ready for his approval or rejection.
The Constitution requires that each House shall keep a journal [Art. VI Sec. 16(4)]. The J ournal isregarded
as conclusive with respect to matters that are required by the Constitution to be recorded therein. With
respect to other matters, in the absence of evidence to the contrary, the J ournals have also been accorded
conclusive effect. Considerations of public policy led to the adoption of the rule giving verity (truth) and
unimpeachability to legislative records. Imperative reasons of public policy require that the authenticity of
laws should rest upon public memorials of the most permanent character. That the rights acquired today
upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote
period of time, by facts resting only in the memory of individuals.
Enrolled Bill
Under the enrolled bill doctrine, the text of the act as passed and approved is deemedimporting
absolute veracity and is binding on the courts. It is conclusivenot only of itsprovisions but alsoof its
due enactment.
If there has been any mistake in the printing of the bill before it was certified by the officer of the
assembly andapproved by the chief executive, the remedy is by amendment by enacting a curative
legislation, not by judicial decree (Casco Phil. Chemical Co., Inc. v. Gimenez)
Where there is discrepancy between the journal and the enrolled bill, the latter as a rule prevails over
the former, particularly with respect to matters not expressly required to be entered in the journal.
The legislative journals and the enrolled bill are both conclusive upon the courts. However, where there is
discrepancy, the enrolled bill as a rule prevails, particularly with respect to matters not expressly requiredto
be entered into the legislative journal.
WITHDRAWAL OF AUTHENTICATION, EFFECT OF The Speaker and the Senate President may
withdraw their signatures from the signed bill where there is serious and substantial discrepancy between
the text of the bill as deliberated and shown by the journal and that of the
enrolledbill. It thus, rendersthebill without attestationandnullifiesitsstatusasanenrolledbill. The court
can declare that the bill has not been duly enacted and did not accordingly become a law.
(Astorga v.Villegas).
8. TYPES OF LEGISLATION
a. House Bill a bill originating from each house.
- IT REQUIRES THE APPROVAL OF THE PRESIDENT
b. Joint Resolution passed by both chambers of the legislature in joint session
- Passes through greater procedural safeguard than the other bill.
- IT REQUIRES THE APPROVAL OF THE PRESIDENT
c. Concurrent Resolution used to fixed the type of adjournment of the house
- Passed by both chambers of the house/legislature
- DO NOT REQUIRE THE APPROVAL OF THE PRESIDENT
d. Simple Resolution governs only those operations pertains with the single house
- formal motion passed by a majority of a single legislative chamber
- NO NEED THE APPROVAL OF THE PRESIDENT
9. PARTS OF STATUTE
a. Title - the part of the statute which gives a general statement of, and calls attention to the subject matter of
an act, so that legislators and the public may be appraised of the subject matter of the legislation and be put
upon inquiry in regard thereto.
Every bill passed shall embrace only one subject which shall be expressed in the title.
Section 26 (1) of Article VI Every bill passed by the Congress shall embrace only one subject which
shall expressed in the title thereof.
This provisions contains dual limitations upon the legislature:
1. The legislature is to avoid doingfrom gathering, under one statute, of heterogeneous subjects.
2. Thetitle of the bill istobeunderstoodin alanguage sufficient to notifythelegislators
andthepublicandthose concerned of the import of the single subject thereof.
Purpose of one title-one subject rule:
a. Toprevent hodge-podge or log-rollinglegislation
- Any act containing several subjects dealing with unrelated matters representing diverse interests.
b. To prevent surprise or fraud upon legislature.
c. To fairly apprise the people through such publication of legislative proceedings as areusually
made, of the subjects of the legislation that are being heard thereon.
These requirements should be liberally construed. It should not begiven a technical interpretation,
nor narrowly construed asto cripple or impede the power of legislation.
Title of the statute is used as a guide in ascertaining legislative intent when the language of the act does
not clearly express its purpose.
In case of a doubt as to the sufficiency of the Title or the Act
- When there is a doubt as to the insufficiency of the Title or the act, the legislation should be
sustained. The presumption is in favor of the validity of the acts.
Note: There is sufficient compliance with the one-title-subject requirement
a. if the title be comprehensive enough to reasonably include the general object which a statute
seekstoeffect, without eachandeveryendandmeansnecessary or convenient for
accomplishing the subject.
b. if all parts of thelawarerelatedandgermaneto the subject matter expressed in the title.
c. If the title indicates in broad or clear terms, the nature, scope, and consequences of the law and
its operations.
d. Thetile shouldnot be catalogue or indexof thebill
3. A title ending with and for other purposes expresses nothing as a compliance with the constitutional
requirement.
4. WHEN REQUIREMENT NOT APPLICABLE - It does not apply to laws in force existing at the time
the 1935 Constitution took effect, nor to municipal or city ordinances because they do not partake of
the nature of laws passed by thelegislature.
5. Effect of insufficiency of title
a. A statue whose title does not conform to the one title-subject or is not related to its subject is
null and void.
b. If subject matter of statuteis not sufficiently expressed inits title, only the unexpressed subject
matter is void leaving the rest in force.
b. Preamble part of statute following the title and preceding the enacting clause, which states the reason for,
the objects of, the enactment.
Three basic points to remember
i. It does not create a right nor does it grant any right
ii. It is not a source of government power
iii. It is not an essential part of the statute
c. Enacting Clause part of statute which indicates the authority which promulgated the enactment.
- It is not essential to the validity of the law but this clause clothes the statute with a certain dignity
because the specific authority that promulgated the law is stated therein.
d. Body It contains the subject matter of the statute. It tells what law is all about.
Note: A complex and comprehensive piece of legislation usually contains: a short title, a policy
section, definitionsection, administrative section, sections prescribing standards or conduct, section
imposing sanctions for violation of its provisions, transitory provision, separability clause,
repealing clause, and effectivity clause.
The constitutional requirement that a bill should have only one subject matter which should be
expressed in its title is complied with where the provisions thereof, no matter how diverse they
maybe, are allied and germane tothe subject, or negatively stated, where the provisions are not
inconsistent with, but in furtherance of, the singlesubject matter.
Riders matters which are not germane or incorporated in a bill.
e. Proviso - It is a clause added to an enactment for the purposes of acting as a restraint upon or as a
qualification of, the generality of the languagesuch as in accordance with, provided that, unless.
f. Interpretative Clause part of the statute where the legislature defines its own language or prescribes rules
for its construction.
i. Repealing clause part of statute which announces the legislative intent to terminate or revoke another
statute
ii. Saving Clause thisrestricts a repealing act and preserves existing powers, rights and pending
proceedings from the effects of the repeal.
iii. Separability Clause states that if for any reason, any section or provision of the statuteis held to be
unconstitutional or invoked, the other section or provision of the law shall not be affected.
Points to remember:
1. A separability clause creates a presumption that the legislature intended separability rather
than complete nullity of statute.
GR: This means that if one part of the statute is unconstitutional, the other parts which
are valid may still stand.
This GR is subject to limitation that if the parts of the statute are mutually dependent
and connected, the nullity and constitutionality of one part may vitiate the rest.
g. Effectivity Clause announces the effectivity of the law.
MANNER OF COMPUTING TIME:
Article 13 of the Civil Code:
When the law speaks of years, months, days, or nights, it shall be understood that years are of three
hundred sixty five day; months of thirty days; days of 24 hours and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number of days which they
respectively have.
In computing a period, the first day shall be excluded and the last day shall be included.
1. Where a statute requires the doing of an act within a specified number of days, such as ten days, from
notice, It means 10 calendar days and not working days.
2. Where the word week is used as a measure of time and without reference to the calendar, it meansa
period of seven consecutive days without regard to the day of the week from which it begins (PNB v. C.A).
a. Year: 365 days
b. months: 30 days except if the months are designated by their name
c. days: 24 hours
d. nights: from sunrise to sunset
e. week -- a period of 7 consecutive days without regard to the day of the week from which it begins.
3. Civil code adopts the 365 day year and the 30-day month and not the calendar year nor the solar month.
4. The exclude- the first and include the last day rule governs the computation of a period. If the last day
falls on aSunday or legal holiday, the act can still bedone the following day. The principle doesnot apply
to the computation of the period of prescription of acrime, in which the rule is that if thelast days in the
period of prescription of a felony falls on a Sunday or legal holiday, the informationconcerning said felony
cannot be filed on the next working day, as the offense has been by thenalready prescribed.
LEGISLATIVE POWER OF THE LOCAL GOVERNMENT UNITS
Ordinance an act passed by the local legislative body of the exercise of its law making authority.
A. Baranggay ordinance:
Sangguniang barangay: - smallest legislative body; may passan ordinance affecting abarangay bya
majorityvote of all its members. Its ordinance is subject to review by sangguniang bayan or
panlungsod, to determineif it is inaccordance with municipal or city ordinance. Sangguniang Bayanor
panlungsod shall take action onthe ordinance within 30 days from submission.
B. Municipal Ordinance
Sangguniang Bayan - affirmative vote of a majority of the members of the sangguniang bayan, there
being aquorum. Ordinance is then submitted to the municipal mayor, whowithin 10 days from
receipt shall return it withhis approval or veto. The ordinance is then submitted to sangguniang
panlalawigan for review, who within 30 daysmay invalidate it in whole or in part.
J. City Ordinance
Sangguniang panlungsod- - affirmative vote of a majority of the members of the sangguniang
panlungsod present, and there being a quorum. Approved ordinance shall be submitted to the mayor,
who within 10 days shall return itwith approval or his veto. The Sangguniang panlungsod may repass a
vetoed ordinance. If the city is a component city, theapproved ordinance is submitted to the
Sanguniang panlalawigan, who shall act within 30 days.
K. Provincial Ordinance
Sangguniang panlalawigan - by a vote of a majority of the members present, there being a quorum,
enact ordinance that will affect the province. The ordinance is forwarded to the governor who, within
15 days, shall return it with his approval or veto. A vetoed ordinance may be repassed by two-thirds
vote.`
PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
Ordinance power of the President
A. Presidential Issuances - those which the President issues in the exercise of his ordinance power, which
have theforce and effect of law. They include:
1. Administrative orders - acts of the President which relate to the particular aspects of governmental
operations in pursuance of his duties as administrative head.
2. Proclamations - acts of the President fixing a date or declaring a statute or condition of public moment
or interest, upon the existence of which the operation of a specific law or regulation is made to depend.
3. Memorandum Orders - 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.
4. Memorandum Circulars - 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
officesof the government, for information or compliance.
5. General or specific orders - acts and commands of the President in his capacity as Commander-
in0Chief of the Armed Forces of the Philippines.
6. Executive Orders - acts of the President providing for rules of a general or permanent character in the
implementation or execution of constitutional or statutory powers, which do not have the force of
statutes.
7. Presidential Orders -
EFFECT AND OPERATION
A. When laws take effect
1. Art 2of the Civil Code provides that
Laws shall take effect after fifteen days following the completion of their publication in the Official
Gazette, unless it is otherwise provided.
a. When the law provides
b. When the law is silent
c. Law will take effect immediately (on the day)
d. Law will take effect upon approval (the law will take effect upon its publication)
Procedural rules are interpreted with liberality adopted to serve and declared justice.
2. All laws or statutes, including those of local application and private law shall be published as a
condition for their effectivity (Taada v. Tuvera), otherwise it would violate the due process clause
of the constitution.
3. The general rule is that where the law is silent as to its effectivity, or where it provides that it shall
take effect immediately or upon its approval, such law shall take effect after 15 days from its
publication in the Official Gazette.
4. The completion of publication, from which date the period of publication will be counted, refers to the
date of release of the O.G. or newspaper for circulation and not to its date, unless the two dates
coincide.
5. Therequirement of publicationas aconditionfor theeffectivityof statuesappliesto Presidential
Issuances, except those which are merely interpretative or internal in nature not concerning the
public.
B. When presidential issuance, rules, and regulations take effect
1. Therequirement of publication also appliestoPresidential issuances.
Exceptions: those which are merely interpretative or internal in nature not concerning the public.
2. Rules and regulations of administrative and executive officersareof twotypes:
a. Whose purpose is to implement or enforce existing law pursuant to a valid delegation or to fill
inthe details of astatute; whether they are penal or non-penal; this requires publication.
b. those are merely interpretative in nature or merely internal in character not concerning the
public, does not need publication.
3. Inaddition, the1987AdministrativeCodeprovidesthat
a. Every agency shall file with the U.P. Law center three copies of every rule adopted by it. Rules
inforce on the date of effectivity of this Code which are not filed within 3 months from that
dateshall not be the basis of any sanction against any party or persons.
b. Each rule shall become effective 15 days from the date of filing as above provided unless a
different date is fixed by law, or specified in the rule in cases of imminent danger to public
health, safety andwelfare.
4. Publication andfilingrequirementsareessential totheeffectivityof rulesandregulations, except when
the law authorizing its issuance distributes the filing requirements.
C. When local ordinance take effect.
1. Local ordinance - shall take effect after 10 days from the date a copy thereof is posted in a bulletin
board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case maybe,
and in at least two other conspicuous places in the local government unit.
2. the secretary to the sanggunian shall cause the posting of the ordinance within 5 days after its
approval.
3. Thegist of all ordinances with penal sanctions shall be published in a newspaper of general
circulation, within the province where the local legislative body concerned belongs.
4. In case of highly urbanized and independent component cities, the main feature of the ordinance or
resolution duly enacted or adopted shall, in addition to being posted, be published once in a local
newspaper of general circulation within the city
5. Unless a statute is by its provisions for a limited period only, it continues in force until changed or
repealedbythelegislature. Lawonceestablishedcontinuesuntil changedby somecompetent
legislative power. It is not changed by change of sovereignty.
SUPREME COURT CIRCULARS; RULES AND REGULATIONS
A. The rule making power of the Supreme Court includes the power to repeal procedural laws/ parts of statues
whichdeal withprocedural aspects canbe modifiedor repealed by the SC by virtue of itsconstitutional
rule-making power. SC does not have the power to promulgate rules which are substantivein nature; rules
promulgated by them must operate only as to regulate procedure. If it operates as ameans of implementing
an existing right then the rules deals merely with procedure.
Article 8, section 5 (5)
Promulgate rules concerning the protection and enforcement of constitutional rights,
pleadings, practice and procedure in all courts the admission of to the practice of law, the
integrated bar and legal assistance to the underprivileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases , shall be uniform for all the
courts with the same grade and shall not diminish, increase or modified substantive rights. Rules
of procedure of special courts and quasi judicial bodies shall remain effective unless
disapproved by the Supreme Court.
B. Rules and regulations issued by administrative or executive officers, in accordance with and as authorized
by law have the same force and effect of law or partake the nature of a statute.
C. In case of discrepancy or conflict between the basic law and the regulations issued to implement it, the
former prevails over the latter (Wise & Co. v. Meer). For it is elementary principle instatutoryconstruction
that astatute is superior to anadministrative regulation andthe former cannot berepealedor amended by
the latter (China Banking Corp. v. C.A.).
D. The rule-making power of a public administrative agency is a delegatedlegislative power.
E. The power tofill-in details inthe execution, enforcement or administration of law, it isessential that the
said law:
a. be complete in itself- it must set forth therein the policy to be executed, carried out or implemented by
the delegate;
b. fix a standard- the limits of which are sufficiently determinable-to whichthe
delegatemust conforminthe performance of his functions, marksits limits andmaps out its
boundaries.
F. A statutory grant of powers should not be extended by implication beyond what may be necessary for their
just and reasonable execution. It is axiomatic that a rule or regulation must bear upon, and beconsistent
with, the provisions of the enacting statute if such rule or regulation is to be valid.
G. When an administrative agency promulgates rules and regulations, it makes a new law with the force and
effect of a valid law, which are binding on the courts. When it renders an opinion or gives a statement of
policy, it merely interprets a preexisting law; it is only advisory, for it is the courts that finally determine
what the law means.
VALIDITY
A. Every statute is presumed valid. To declare a law unconstitutional, the repugnancy of the law to the
Constitution must be clear and unequivocal. To strike down a law, there must be a clear showing that what
the fundamental law condemns or prohibits, the statute allows it to be done.
B. All reasonable doubts should be resolved in favor of the constitutionality of law. To doubt is to sustain.
C. The final authority to declare a law unconstitutional is the SC en banc by the concurrence of a majority
of the Members who actually took part in the deliberations.
D. Trial courts have jurisdiction to initially decide the issue of constitutionality of a law in appropriate cases.
E. Before the court may resolve the question of constitutionality, the following requisites should be present:
1. Existenceof anappropriatecase/ actual case
2. An interest personal andsubstantial by thepartyraisingthe constitutionality
3. The plea that the function be exercised at the earliest opportunity
4. Thenecessitythat the constitutional question be passed upon in order to decide the case.
F. Legal Standing (locus Standi)- a personal and substantial interest in the case such that the party has
sustained or will sustaindirect injury as a result of the governmental act that is being challenged.
G. How a citizen acquires standing:
1. He has suffered some actual or threatened injury as aresult of the allegedly illegal conduct
of government
2. Injury isfairly traceableto thechallengedaction.3.Injury islikely toberedressed by a favorableaction.
H. Tax payers legal standing:
1. When it isestablishedthat public funds havebeen disbursedin allegedcontraventionof thelawor the
constitution or in preventing the illegal expenditure of money raised by taxation.
2. He will sustain a direct injuryasa result of the enforcement of the questionedstatute.
I. The SC may take cognizance of a suit which does not satisfy the requirements of legal standing; the Court
has adopted a liberal attitude on the locus standi of a petitioner where the petitioner is able to craft anissue
of transcendental significance to the people or paramount importance to the public.
J . Constitutionality must be raised at the earliest possible time. If the questionis not raised in the pleadings,
ordinarily it may not be raised at the trial, and if not raised in the trial, it will not be considered in appeal.
K. Exceptions:
1. the question may raised in a motion for reconsideration or new trial in the lower court, where thestatute
sought to be invalidated was not in existence when the complaint was filed or during the trial
2. the question of validity may also be raised in criminal cases at any stage of theproceedings.
3. In civil cases where it appears clearly that a determination of the question is necessary to a decisionand
incases where it involved the jurisdiction of the court below.
WITH RESPECT TO ORDINANCES, THE TEST OF VALIDITY ARE:
1. Must not contravene theconstitution or any statute
2. Must not beunfair or oppressive
3. Must not bepartial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general andconsistent withpublic policy
6. Must not beunreasonable
TEST OF CONSTITUTIONALITY - A stature may be declared unconstitutional because:
1. it isnot withinthelegislativepower toenact
2. or it creates or establishesmethods or forms that infringe constitutional principles
3. its purposeor effect violates theconstitution
4. it is vague. It is vague when it lacks comprehensive standards that menof common intelligence
must necessarily guess at its meaning and differ in its application.
5. Thechangeof circumstancesor conditions may affect the validityof some
statues, especially thoseso-called emergency laws designed specifically to meet certain
contingencies.
EFFECTS OF UNCONSTITUTIONALITY
1. The general ruleisthat anunconstitutional act is not a law.
a. it confersnorights
b. it affordnoprotection
c. it imposesnoduties
d. it createsnooffice
e. it isinoperative as though it hadnever been passed.
Regard shouldbe had to what has been done while the statute was in operation and presumed to be
valid. Hence, its operative fact before a declaration of nullity must be recognized.
There are two viewson the effects of a declaration of the unconstitutionality of a statute:
a. Orthodox View
An unconstitutional law confers no right, is not a law, imposes no duties, affordno protection;
in legal contemplation, it is inoperative, as if it had not been passed.
b. Modern View
The court in passing upon the question of constitutionality does not annul or repeal the statute
if it is unconstitutional, it simply refuses to recognize it and determines therights of the parties
just as if the statute had no existence. It does not repeal, supersede, revokeor annul the statute.
The parties to the suit are concluded by the judgment, but no one else isbound.
INVALIDITY DUE TO CHANGE OF CONDITIONS
The general rule as to the effects of unconstitutionality of a statute is not applicable to a statute that is
declaredinvalid because of the change of circumstances affecting its validity. It becomes invalid only
because the change of conditions makes its continued operation violative of the Constitution, and
accordingly, the declaration of its nullity should affect only the parties involved in the case, and its effects
applied prospectively.
PARTIAL INVALIDITY
The general rule is that where part of a statute is void as repugnant to the Constitution, while another part is
valid, the valid portion, if separable from the invalid, may stand and be enforced
Note: Exceptions to this rule: when the parts are so mutually dependent and connected. The presence
of separability clause creates the presumption that the legislature intended separability, rather than
complete nullity of the statute

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