CHAPTER 1 STATUTES Remedial

Penal
Laws
Statues According to Forms
(jural and generic sense) refers to the whole
body or system of law Affirmative
(jural and concrete sense) rule of conduct Negative
formulated and made obligatory by legitimate
Manner of Referring to Statutes
power of the state
Public Acts passed by Phil. Commission and Phil.
Statute an act of legislature as an organized body,
Legislature from 1901 to 1935
expressed in form, and passed according to the
procedure, required to constitute it as part of the law of Commonwealth Acts enacted during the
the land. Commonwealth from 1936 to 1946
Public Statute affects the public at large or the whole Republic Acts passed by Congress from 1946 to 1972
community and from 1987
Private Statute applies only to a specific person or Batas Pambansa promulgated by Batasang Pambansa
subject.
*Statutes passed by the legislature are consecutively
*Whether a statute is public or private depends on numbered and identified by the respective authorities
substance rather than on form. that enacted them.
3 Classifications of Public Statute *Presidential decrees and executive orders issued by the
President in the exercise of his legislative power are
1. General applies to the whole state and
serially numbered.
operates throughout the state alike upon all the
people or all of a class Legislative power the authority under the Constitution
2. Special relates to a particular persons or to makes laws, and to alter and repeal them.
things of a class or to a particular community,
individual, or thing Step in the Passage of a Bill into a Law
3. Local operation is confined to a specific place 1. Introduced by a member of Congress, signed by
or locality its authors and filed with the Secretary of the
Statues According to Duration House
2. First Reading followed by referral to the
Permanent Statute operation is not limited in duration appropriate committee for study and
but continues until repealed. recommendation
3. Second Reading; subject to debates, pertinent
Temporary Statute duration is for a limited period of
motions, and amendments. It will then be voted
time fixed in the statute itself or whose life ceases upon
on second reading
the happening of an event.
4. Third Reading for voting by yeas and nays
Statutes According to Application 5. Transmittal to other House for concurrence
a. If w/o amendment, it will be passed by
Prospective
Congress to the President
Retroactive
b. If w/ amendment and the House it comes
Statutes According to Operation from does not agree, it will be settled by
Conference Committees
Declaratory
Curative Conference Committee mechanism for compromising
Mandatory differences between the Senate and the House in the
Directory passage of a bill into a law
Substantive
*Conference committee is sometimes called the third Presidential Issuances those which the President
body of the legislature. issues in the exercise of his ordinance power

Authentication of Bills the signing by the Speaker and Presidential Issuances

the Senate President of the printed copy of the
1. Executive Orders acts of the President
approved bill, certified by the respective secretaries of
providing for rules of a general or permanent
the both Houses, to signify to the President that the bill
character in implementation or execution of
presented has been duly approved by the legislature
constitutional or statutory powers
and is ready for approval or rejection.
2. Administrative Orders relate to a particular
3 Ways a Bill Becomes a Law aspect of governmental operations in
pursuance of his duties as administrative head
1. When the President signs it
3. Proclamations fixing or declaring a status or
2. When the President does not sign nor
condition of public moment or interest, upon
communicate his veto of the bill w/n 30 days
the existence of which the operation of a
after his receipt thereof
specific law or regulation is made to depend.
3. When the vetoed bill is repassed by the
4. Memorandum Orders on matters of
Congress by 2/3 vote of all its members, each
administrative detail or of subordinate or
house voting separately
temporary interest which only concern a
Parts of Statutes particular officer or office of the Government
5. Memorandum Circulars on matters relating to
1. Preamble prefatory statement or explanation internal administration, which the President
or a finding of facts, reciting the purpose, desires to bring to the attention of all or some
reason, or occasion for making the law to which of the departments, agencies, bureaus or
it is prefixed offices of the Government, for information or
2. Title of the Statute its purpose is to apprise compliance
the legislators of the object, nature, and scope 6. General or Special Orders acts and commands
of the provisions of the bill of the President in his capacity as the
3. Enacting Clause part of statute written Commander-in-Chief of the AFP
immediately after the title thereof which states
the authority by which the act is enacted Executive Power the power to enforce and
4. Purview or Body of the Statute tells what the administer the laws, the President being the Chief
law is all about Executive
5. Separability Clause part of statute stating that
Requisites for a Valid EO or any Administrative Rule
if any provision of the act is declared invalid, the
remainder shall not be affected thereby 1. Its promulgation must be authorized by the
6. Repealing Clause legislature
7. Effectivity Clause the provision when the law 2. It must be promulgated in accordance with the
takes effect prescribed procedure
3. It must be within the scope of the authority
Major Phases of Budget Process
given by the legislature
1. Budget Preparation 4. It must be reasonable
2. Budget Authorization
Subjects the President is Authorized to Fix
3. Budget Execution
4. Budget Accountability 1. Tariff rates
2. Import and export quotas
Enrolled Bill passed by Congress, authenticated by the
3. Tonnage and wharfage dues
Speaker and Senate President and approved by the
President
Administrative Rule vs Administrative Interpretation If not returned on time, it shall be deemed
approved
Administrative Rule it makes a new law with the force
If vetoed, may be overridden by 2/3 vote of all
and effect of a valid law
members
Administrative Interpretation it renders an opinion or The approved ordinance is then submitted to
gives a statement of policy; it merely interprets a pre- the sangguniang panlalawigan for review who,
existing law within 30 days from receipt, invalidate the same
in whole or in part
Supreme Court Rule-Making Power
City Ordinance
The power to promulgate rules concerning the
protection and enforcement of constitutional The power to pass is vested in the sangguniang
rights, pleading, practice, and procedure in all panglungsod by a majority vote of the members
courts, the admission to the practice of law, the present, there being a quorum
Integrated Bar, and legal assistance to the It shall be submitted to the city mayor who,
underprivileged. within 10 days from receipt, shall return the
same with his approval or veto
*The legislature may enact laws which are substantive If not returned on time, it shall be deemed
and procedural, but the Supreme Court, in the exercise approved
of its rule-making power, does not have the power to The sangguniang panglungsod may repass a
promulgate rules which are substantive in nature. vetoed ordinance by 2/3 vote of all the
Legislative Power of Local Government Units members
If the city is a component city, the approved
It refers to the power of local legislative to ordinance is submitted to the sangguniang
enact ordinances, consisting of barangay panlalawigan for review which shall take action
ordinance, municipal ordinance, city ordinance, within 30 days
and provincial ordinance.
Provincial Ordinance
Barangay Ordinance
The power to pass is vested in the sangguniang
May pass an ordinance by majority of vote of all panlalawigan by a majority vote of the
its members members present, there being a quorum
Subject to review by the sangguniang bayan or It is then forwarded to the governor, who,
sangguniang panglungsod within 15 days from receipt, shall return the
The sanggunian shall take action on the same with his approval or veto
ordinance within 30 days from submission If not returned on time, it shall be deemed
If not taken an action within 30 days, it will be approved
presumed consistent with the law A vetoed ordinance may be repassed by the
If inconsistency is found, it will be returned to sangguniang panlalawigan by 2/3 vote of all its
the sangguniang barangay members
Municipal Ordinance Tests of Validity of Ordinances
The power to enact municipal ordinance is 1. It must not contravene the Constitution or any
lodged with the sangguniang bayan statute
An ordinance may be passed by a majority vote 2. It must not be unfair or oppressive
of the members present and voting, there being 3. It must not be partial or discriminatory
a quorum 4. It must not prohibit but may regulate trade
The ordinance is submitted to the municipal 5. It must be general and consistent with public
mayor, who, within 10 days of receipt thereof policy
shall return the same with his approval or veto 6. It must not be unreasonable
Essential Requisites for Judicial Review determining the application of words to facts in
litigation
1. An actual case or controversy calling for the
exercise of judicial power Interpretation the art of finding the true meaning and
2. The person challenging the act must have sense of any form of words
standing to challenge; he must have a personal
*Rules of statutory construction are tools used to
and substantial interest in the case such that he
ascertain legislative intent.
has sustained, or will sustain, direct injury as a
result of its enforcement *Except as they may have been embodied as part of a
3. The question of constitutionality must be raised statute, rules of statutory construction have no binding
at the earliest possible opportunity effects on the courts nor are they controlling in the
4. The issue of constitutionality must be the very interpretation of laws.
lis mota of the case
Purpose or Object of Construction
Tests of Constitutionality of a Statute
To ascertain, and give effect to, the intent of
1. It is not within the legislative power to enact law.
2. It creates/establishes methods or forms that All rules of construction or interpretation have
infringe constitutional principles for their sole object the ascertainment of the
3. Its purpose or effect violates the Constitution or true intent of the legislature.
its basic principles
4. It is vague Legislative Intent the vital part, the essence of the
law. It is the spirit which gives life to legislative
Effects of Unconstitutionality enactment.
Orthodox View An unconstitutional act is not Legislative Purpose the reason why a particular
a law; it confers no right, imposes no duties, it statute was enacted by legislature.
affords no protection, it creates no office, it is,
in legal contemplation, inoperative, as if it had Legislative Meaning what the law, by its language,
not been passed. It is a total nullity. means.
Modern View less stringent; the court passing Matters Inquired Into in Construing a Statute
upon the question of constitutionality does not
appeal or repeal the statute if it is conflict with The object of inquiry is not only to know what
the Constitution. It simply refuses to recognize the legislature meant by the language used, but
it and determines the rights of the parties just to determine whether the language used
as if such statute had no existence. sufficiently expresses the meaning.

*Laws shall take effect after fifteen (15) days following Where Legislative Intent is Ascertained
the completion of their publication in the Official The primary source of legislative intent is the
Gazette or in a newspaper of general circulation, unless statute itself. It has to be discovered from the
it is otherwise provided. four corners of the law.
CHAPTER 2 NATURE AND PURPOSE Construction is a Judicial Function
Construction the art or process of discovering and The duty and power to interpret or construe a
expounding the meaning and intention of the authors of statute or the Constitution belong to the
the law, where that intention is rendered doubtful by judiciary.
reason of the ambiguity in its language or the fact that It is emphatically the province and duty of the
the given case is not explicitly provided for in the law. judicial department to say what the law is.
Construction vs Interpretation The SC construes the applicable law in
controversies which are ripe for judicial
Construction the drawing of warranted conclusions resolution.
not always included in direct expressions, or
 It refrains from doing so where the case has 3. Context of whole text
become moot and academic. 4. Punctuation marks
5. Capitalization of letters
Legislature Cannot Overrule Judicial Construction
6. Headnotes or epigraphs
The legislature has no power to overrule the 7. Lingual text
interpretation or construction of a statute or 8. Intent or spirit of law
the constitution by the SC, for interpretation is 9. Policy of law
a judicial function assigned to the latter by the 10. Purpose of law or mischief to be suppressed
fundamental law. 11. Dictionaries
While the legislature may indicate may indicate 12. Consequences of various constructions
its construction of a statute in the form of a 13. Presumptions
resolution or declaratory act, it cannot preclude
Legislative History
the courts from giving the statute a different
interpretation. The history of the statute refers to all
antecedents from its inception until its
When the Court May Construe Statute
enactment into law.
Construction is the means by which the court
clarifies the doubt to arrive at the true intent of 1. Presidents message to legislature
the law. 2. Explanatory note
For where there is no ambiguity in the words of 3. Legislative debates, views and deliberations
a statute, there is no room for construction. 4. Reports of commissions
5. Prior laws from which the statute is based
Ambiguity a condition of admitting two or more 6. Change in phraseology by amendment
meanings, of being understood in more than one way, 7. Amendment by deletion
or of referring to two or more things at the same time. 8. Adopted statutes
A statute is ambiguous if it is susceptible of more than 9. Principles of common law
one interpretation. 10. Conditions at the time of the enactment
*Judicial rulings have no retroactive effect as expressed 11. History of the times
in the legal maxim, lex, prospicit, non respicit, the law Contemporary/practical constructions constructions
looks forward, not backward. placed upon statutes at the time of, or after, their
*Courts may not, in the guise of interpretation, enlarge enactment, by the executive, legislature, or judicial
the scope of a statute and include therein situations not authorities, as well as by those who, because of their
provided nor intended by lawmakers. involvement in the process of legislation, are
knowledgeable of the intent and purpose of the law,
CHAPTER III AIDS TO CONSTRUCTION such as draftsmen and bill sponsors.
*Where the meaning of a statute ambiguous, the court 3 Types of Executive Construction
is warranted in availing itself of all legitimate aids to
construction in order that it can ascertain the true intent 1. Construction by an executive or administrative
of the statute. officer directly called to implement the law.
2. Construction by the Secretary of Justice in his
Intrinsic aids aids to construction found in the printed capacity as the chief legal adviser of the
page of the statute itself. government.
Extrinsic aids extraneous facts and circumstances 3. Interpretation handed down in an adversary
outside the printed page. proceeding in the form of ruling by an executive
officer exercising quasi-judicial power.
Aids to Construction
*The courts give much weight to the government
1. Title agency or officials charged with the implementation of
2. Preamble the law, their competence, expertness, experience and
informed judgment, and the fact that they frequently branch of government entrusted with the duty
are the drafters of the law they interpret. to construe and interpret the law.
The rule of stare decisis is not absolute.
*The best interpreter of the law is usage.
MAXIMS
*An administrative agency has the power to interpret its
own rules and such interpretation becomes part of the Ultra vires beyond the limits
rules. Ratione cessat lex, et cessat lex when the
reason for the law ceases, the law ceases
*Contemporaneous construction is entitled much weight
Locus standi legal standing
because it comes from the particular branch of the
Index animi sermo est speech is the index of
government called upon to implement the law thus
intention
construed.
Verba legis non est recedendum from the
*Executive officials are presumed to have familiarized words of a statute there should be no departure
themselves with all the considerations pertinent to the Nemo ex alterius incommode debet lecupletari
meaning and purpose of the law, and to have formed an no man ought to be made rich out of anothers
independent, conscientious and competent expert injury
opinion thereon. Expresio unius est alterius where a statute, by
its terms, is expressly limited to certain matters,
*The contemporaneous construction of the statute is it may not, by interpretation or construction, be
neither binding nor controlling upon the court. extended to others
*If the contemporaneous construction is erroneous, the Legis interpretato legis vim obtinet the
same must be declared null and void. authoritative interpretation of the SC of a
statute requires the force of law by becoming a
*An erroneous contemporaneous construction creates part thereof
no vested right on the part of those who relied upon, Lex prospicit, non respicit the law looks
and followed such construction. forward not backward
*A vested right may not arise from a wrong Expressium facit cessare tacitum what is
interpretation of a law by an administrative or executive expressed puts an end to what is implied
officer whose primary duty is to enforce, and not to Contemporanea expositio est optima et
construe the law. fortissima lege the contemporary construction
is the strongest in law
*The legislature may, by action or inaction, approve or Optimus interpres rerum usus the best
ratify such contemporaneous construction. interpreter of the law is usage
Ratihabitio mandato aequiparatur legislative
Re-enactment the most common act of legislative
ratification is equivalent to a mandate
approval of contemporaneous construction of a statute.
Stare decisis et non quieta movere one should
Stare Decisis follow past precedents and should not disturb
what has been settled
Stare decisis et non quieta movere means one
Orbiter dictum opinion expressed not upon
should follow past precedents and should not
the point in issue
disturb what has been settled.
The decision of the Supreme Court in applying
or interpreting a statute is controlling with
respect to the interpretation of that statute and
is of greater weight than that of an executive or
administrative or executive officer.
The reason is that the interpretation of a
statute by the SC forms part of the statute itself
and of the legal system and comes from that