Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
15Activity
0 of .
Results for:
No results containing your search query
P. 1
21545144-Agpalo-Notes-2003

21545144-Agpalo-Notes-2003

Ratings: (0)|Views: 481|Likes:
Published by Glai Delos Reyes

More info:

Published by: Glai Delos Reyes on Jul 29, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

10/27/2013

pdf

text

original

 
CHAPTER ONE: StatutesIN GENERAL
Laws, generally
A whole body or system of law
Rule of conduct formulated and made obligatory bylegitimate power of the state
Includes RA, PD, EO (president in the ex of legislative power), Presidential issuances (ordinance power)Jurisprudence, ordinances passed by sanggunians of localgovernment units.Statutes, generally
An act of legislature (Philippine Commission, Phil.Legislature, Batasang Pambansa, Congress)
PD’s of Marcos during the period of martial law 1973Constitution
EO of Aquino revolutionary period Freedom Constitution
Public – affects the public at large
general – applies to the whole state and operatesthroughout the state alike upon all people or all of a class.
Special – relates to particular person or things of aclass or to a particular community, individual or thing.
Local Law – operation is confined to a specific place or locality (e.g municipal ordinance)
Private – applies only to a specific person or subject.Permanent and temporary statutes
Permanent - one whose operation is not limited in duration but continues until repealed.
Temporary - duration is for a limited period of time fixed inthe statute itself or whose life ceases upon the happening of an event.
o
E.g. statute answering to an emergencyOther classes of statutes
Prospective or retroactive – accdg. to application
Declaratory, curative, mandatory, directory, substantive,remedial, penal – accdg. to operation
According to form
o
Affirmative
o
 NegativeManner of referring to statutes
Public Acts – Phil Commission and Phil Legislature 1901-1935
Commonwealth Acts – 1936- 1946
Republic Acts – Congress 1946- 1972, 1987 ~
Batas Pambansa – Batasang Pambansa
Identification of laws – serial number and/or title
ENACTMENT OF STATUTES
Legislative power, generally
Power to make, alter and repeal laws
Vested in congress – 1987 Constitution
President – 1973 & Freedom (PD and EO respectively)
Sangguniang barangay, bayan, panglungsod, panlalawigan – only within respective jurisdiction – ordinances
Administrative or executive officer 
Delegated power 
Issue rules and regulations to implement a specificlawCongress legislative power 
The determination of the legislative policy and itsformulation and promulgation as a defined and binding ruleof conduct.
Legislative power - plenary except only to such limitationsas are found in the constitutionProcedural requirements, generally
Provided in the constitution (for Bills, RA)
Provided by congress – enactment of laws
Rules of both houses of congress (provided also by theConstitution)Passage of bill
Proposed legislative measure introduced by a member of congress for enactment into law
Shall embrace only one subject which shall be expressed inthe title
Singed by authors
File with the Secretary of the House
Bills may originate from either lower or upper House
Exclusive to lower house
Appropriation
Revenue/ tariff bills
Bills authorizing increase of public debt
Bills of local application
Private bills
After 3 readings, approval of either house (see Art 6 Sec 26(1))
Secretary reports the bill for first reading
First reading – reading the number and title, referral to theappropriate committee for study and recommendation
Committee hold public hearings and submitsreport and recommendation for calendar for secondreading
Second reading bill is read in full (with amendments proposed by the committee) – unless copies are distributedand such reading is dispensed with
o
Bill will be subject to debates, motions andamendments
o
Bill will be voted on
o
A bill approved shall be included in the calendar of  bills for 3
rd
reading
Third reading bill approved on 2
nd
reading will besubmitted for final vote by yeas and nays,
Bill approved on the 3
rd
reading will be transmitted to the“Other House” for concurrence (same process as the first passage)
o
If the “Other House” approves without amendmentit is passed to the President
o
If the “Other House” introduces amendments, anddisagreement arises, differences will be settled bythe Conference Committees of both houses
o
Report and recommendation of the 2 ConferenceCommittees will have to be approved by bothhouses in order to be considered pass
President
o
Approves and signs
o
Vetoes (within 30 days after receipt)
o
Inaction
 
If the President vetoes – send back to the House where itoriginated with recommendation
o
2/3 of all members approves, it will be sent to theother house for approval
o
2/3 of the other house approves – it shall become alaw
o
If president did not act on the bill with in 30 daysafter receipt, bill becomes a law
Summary : 3 ways of how a bill becomes a law.
President signs
inaction of president with in 30 days after receipt
vetoed bill is repassed by congress by 2/3 votes of all itsmembers, each house voting separately.Appropriations and revenue bills
Same as procedure for the enactment of ordinary bills
Only difference is that they can only originate from theLower House but the Senate may propose/ concur with theamendments
Limitations of passage (as per Constitution) Art 6 Sec. 27 (2)
o
congress may not increase the appropriationrecommended by the President XXX
o
 particular appropriation limited
o
 procedure for Congress is the same to all other department/ agencies (procedure for approvingappropriations )
o
special appropriations – national treasurer/ revenue proposal
o
no transfer of appropriations xxx authority toaugment
o
discretionary funds – for public purposes
o
general appropriations bills – when re-enacted
o
President my veto any particular item/s in anappropriation revenue, or tariff bill.Authentication of bills
Before passed to the President
Indispensable
By signing of Speaker and Senate President
Unimpeachability of legislative journals
Journal of proceedings
Conclusive with respect to other matters that are required bythe Constitution
Disputable with respect to all other matters
By reason of public policy, authenticity of laws should restupon public memorials of the most permanent character 
Should be publicEnrolled bill
Bills passed by congress authenticated by the Speaker andthe Senate President and approved by the President
Importing absolute verity and is binding on the courts
o
It carries on its face a solemn assurance that it was passed by the assembly by the legislative andexecutive departments.
Courts cannot go behind the enrolled act to discover whatreally happened
o
If only for respect to the legislative and executivedepartments
Thus, 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 byamendment by enacting a curative legislation not by judicialdecree.
Enrolled bill and legislative journals - Conclusive upon thecourts
If there is discrepancy between enrolled bill and journal,enrolled bill prevails.Withdrawal of authentication, effect of 
Speaker and Senate President may withdraw if there isdiscrepancy between the text of the bill as deliberated andthe enrolled bill.
Effect:
o
 Nullifies the bill as enrolled
o
Losses absolute verity
o
Courts may consult journals
PARTS OF STATUTES
Title of statute
Mandatory law - Every bill passed by Congress shallembrace only one subject which shall be expressed in thetitle thereof (Art 6, Sec 26 (1) 1987 Constitution)
2 limitations upon legislation
o
To refrain from conglomeration, under one statute,of heterogeneous subjects
o
Title of the bill should be couched in a languagesufficient to notify the legislators and the publicand those concerned of the import of the singlesubject.Purposes of requirement (on 1 subject)
Principal purpose: to apprise the legislators of the object,nature, and scope of the provision of the bill and to preventthe enactment into law of matters which have not receivedthe notice, action and study of the legislators.
o
To prohibit duplicity in legislation
In sum of the purpose
o
To prevent hodgepodge/ log-rolling legislation
o
To prevent surprise or fraud upon the legislature
o
To fairly apprise the people, through publication of the subjects of the legislation
o
Used as a guide in ascertaining legislative intentwhen the language of the act does not clearlyexpress its purpose; may clarify doubt or ambiguity.How requirement construed
Liberally construed
If there is doubt, it should be resolved against the doubt andin favor of the constitutionality of the statuteWhen there is compliance with requirement
Comprehensive enough - Include general object
If all parts of the law are related, and are germane to thesubject matter expressed in the title
Title is valid where it indicates in broad but clear terms, thenature, scope and consequences of the law and its operations
Title should not be a catalogue or index of the bill
Principles apply to titles of amendatory acts.
o
Enough if it states “an act to amend a specificstatute”
 Need not state the precise nature of the amendatoryact.
US Legislators have titles ending with the words “and for other purposes” ( US is not subject to the sameConstitutional restriction as that embodied in the PhilippineConstitution)
 
When requirement not applicable
Apply only to bills which may thereafter be enacted into law
Does not apply to laws in force and existing at the time the1935 Constitution took effect.
 No application to municipal or city ordinances.Effect of insufficiency of title
Statute is null and void
Where, the subject matter of a statute is not sufficientlyexpressed in its title, only so much of the subject matter as isnot expressed therein is void, leaving the rest in force, unlessthe invalid provisions are inseparable from the others, inwhich case the nullity the former vitiates the latter Enacting clause
Written immediately after the title
States the authority by which the act is enacted
#1 - Phil Commission – “ By authority of the President of theUS, be it enacted by the US Philippine Commission”
#2 - Philippine Legislature- “ by authority of the US, be itenacted by the Philippine Legislature”
#3 - When #2 became bicameral: “Be it enacted by theSenate and House of Representatives of the Philippines inlegislature assembled and by authority of the same”
#4 - Commonwealth- “Be it enacted by the NationalAssembly of the Philippines
#5 – when #4 became bicameral: “be it enacted by the Senateand House of Representatives in congress assembled” – same1946-1972/1987-present.
#6 – Batasang Pambansa: “Be it enacted by the BatasangPambansa in session assembled”
#7 – PD “ NOW THEREFORE, I ______ President of thePhilippines, by the powers vested in me by the Constitutiondo hereby decree as follows”
#8 – EO “Now, therefore, I, ____ hereby order”Preamble
Defined – prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for makingthe law to which it is prefixed”
Found after enacting clause and before the body of the law.
Usually not used by legislations because content of the preamble is written in the explanatory note.
But PDs and EOs have preambles.Purview of statute
that part which tells what the law is about
 body of statute should embrace only one subject should onlyone subject matter, even there provisions should be alliedand germane to the subject and purpose of the bill.
Statue is usually divided into section. w/c contains a single proposition.
Parts
o
short title
o
 policy section
o
definition section
o
administrative section
o
sections prescribing standards of conduct
o
sections imposing sanctions for violation of its provisions
o
transitory provision
o
separability clause
o
effectivity clauseSeparability clause
it states that if any provision of the act is declared invalid,the remainder shall not be affected thereby.
It is not controlling and the courts may invalidate the wholestatute where what is left, after the void part, is not completeand workable
Presumption – statute is effective as a whole
its effect: to create in the place of such presumption theopposite of separability.
PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES
Presidential issuances
are those which the president issues in the exercise of ordinance power.
i.e. EO, AO (administrative orders), proclamations, MO(memorandum orders), MC (memorandum circulars), andgeneral or special orders.
Have force and effect of laws.
EO
o
acts of the President providing for rules of ageneral or permanent character in theimplementation or execution of constitutional/statutory powers.
o
do not have the force and effect of laws enacted bycongress
o
different from EO issued by the President in the exof her legislative power during the revolutionPresidential decree under the freedom constitution
AO
o
acts of the President which relate to particulaaspects of governmental operations in pursuance of his duties as administrative head
Proclamations
o
acts of the President fixing a date or declaring astatute or condition of public moment or interest,upon the existence of which the operation of aspecific law or regulation is made to depend
MO
o
acts of the President on matters of administrativedetails or of subordinate or temporary interestwhich only concern a particular officer or office of government
MC
o
acts of the president on matters relating to internaladministration which the President desires to bringto the attention of all or some of the departments,agencies, bureaus, or offices of the government,for information of compliance
General or Specific Order 
o
Acts and commands of the President in hiscapacity as Commander-in-Chief of the AFPSupreme Court circulars; rules and regulations
See Art 8, Sec. 5(5) 1987 Constitution
See Art. 6, Sec. 30 1987 Constitution
It has been held that a law which provides that a decision of a quasi-judicial body be appealable directly to the SC, if enacted without the advice and concurrence of the SC,ineffective
o
Remedy or applicable procedure – go to CA
Rules of Court – product of the rule-making power of the SC
o
Power to repeal procedural rules
o
 No power to promulgate rules substantive in nature(unlike the legislative department)
Substantive rules – if it affects or takes away vested rights;right to appeal

Activity (15)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
scribd01010101 liked this
pretityn19 liked this
Gerrit Timmerman liked this
Anne Andam liked this
Roni Dela Rosa liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->