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Assignment 9

The records of proceedings of Constitutional Conventions/Commissions are less conclusive than legislative journals in statutory interpretation because: - Legislative journals provide a more accurate record of the actual legislative process and intent compared to convention/commission proceedings which involve broader discussion and debate that may not directly result in the final text. - Legislative journals focus specifically on the final agreed upon text, while convention/commission proceedings include broader discussion that did not necessarily make it into the final constitution. - Courts give greater weight to the specific legislative intent reflected in legislative journals over the general discussions that occurred during broader constitutional drafting proceedings. - Legislative journals have a more direct link to the final statutory text compared to convention/commission records, which the court considers a

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49 views2 pages

Assignment 9

The records of proceedings of Constitutional Conventions/Commissions are less conclusive than legislative journals in statutory interpretation because: - Legislative journals provide a more accurate record of the actual legislative process and intent compared to convention/commission proceedings which involve broader discussion and debate that may not directly result in the final text. - Legislative journals focus specifically on the final agreed upon text, while convention/commission proceedings include broader discussion that did not necessarily make it into the final constitution. - Courts give greater weight to the specific legislative intent reflected in legislative journals over the general discussions that occurred during broader constitutional drafting proceedings. - Legislative journals have a more direct link to the final statutory text compared to convention/commission records, which the court considers a

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Assignment No.

9
11/30/2019

1. Explain why President Marcos had the power to enact Presidential Decrees which have the
effect and force of laws.

Using the rising wave of lawlessness and the threat of a Communist insurgency as
justification, President Ferdinand Marcos declared martial law on September 21, 1972 by
virtue of Proclamation No. 1081. Marcos, ruling by decree, curtailed press freedom and other
civil liberties, closed down media establishments and Congress and ordered the arrest of
opposition leaders and militant activists, including his staunchest critics.

By virtue of the extraordinary legislative powers granted the president, President Marcos
had the constitutional authority to enact laws during the period of martial law. These laws
came in the form of Presidential Decrees. Amendment No. 6 of the 1973 Constitution further
enlarged this power by granting him the same powers even after the formal lifting of Martial
law on January 17, 1981.

Laws enacted by the President Ferdinand Marcos are denominated as “Presidential


Decrees” and are cited as “P.D. No.___”. He enacted a total of 2,079 statutes.

2. Why do the decision of the Supreme Court form part of the law of the land?
Laws are tested on novel cases and we need the High Court to interpret how it is to
be appreciated and applied in certain instances. This is jurisprudence enriching the
law passed by the legislative branch. As declared in one case – it is elementary that the
interpretation of the law by the Supreme Court constitutes part of the law from the date
it was originally passed, since this Court’s construction merely establishes the
contemporaneous legislative intent that the interpreted law carried into effect.

3. In your opinion, is there a need to amend Article 2 of the Civil Code (The publication
requirement) to include publication in the government website as alternative mode in
publishing laws?
In my opinion, there is no need to amend Article 2 of the Civil Code to include
publication in the government website as alternative mode in publishing laws. The
Official Gazette is accessible through the internet. Likewise, the government website
is accessible the same. If we still include the publication of laws in the government
website as amendment in publication requirement in Article 2 of the Civil Code, it
will just result to waste of time, money and energy in amending such provision since
both the government website and Official Gazette are accessible through internet. For
the purpose of having knowledge of the law, the complete publication in either the
Official Gazette or newspaper in general circulation is already sufficient.

4. Why did the Supreme Court upheld that the records of proceedings of Constitutional
Conventions/Commissions to be less conclusive than legislative journals in statutory
conclusions?

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