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Published by rolan_ebillo

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Published by: rolan_ebillo on Apr 04, 2011
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Law, in its jural and generic sense, refers to the whole body or system of law.(a) In its jural and concrete sense, law means a rule of conduct formulated and made obligatory bylegitimate power of the state.(b) Includes:(1) statues enacted by the legislature(2) presidential decree(3) executive ordersNote: 2 and 3 are made by the president in the exercise of his legislative power.(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 adelegated power(7) ordinances passed by LGU
Statute 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.1. Laws which has the same category and binding force are: presidential decrees issued during Martiallaw and executive orders issued under the Freedom Constitution.2. Types of statutes:(a) passed by the Philippine Legislature(1) Philippine Commission(2) Philippine Legislature(3) Batasang Pambasna(4) Congress of the Philippines(b) Made by the president(1) Presidential decrees (1973 constitution)(2) Executive orders (Freedom Constitution)3. Other types of Statues(a) Public Statute: which affects the public at large or the whole community; classifications:(1) general- which applies to the whole state and operates throughout the state alike upon allthe people or all of a class;(2) special- which relates to a particular persons or things of a class or to a particularcommunity, individual or thing;(3) local- whose operation is confined to a specific place or locality(b) Private Statute: applies only to a specific person or subject4. Types according to Duration:(a) permanent statute: whose operation is not limited in duration but continues until repealed;(b) temporary statute: whose duration is for a limited period of time fixed in the statute itself orwhose life ceases upon the happening of an event.5. In respect to their application:(a) prospective(b) retroactive.6. Operation:(a) declaratory,(b) curative,(c) mandatory,(d) directory,(e) substantive,(f) remedial, and(g) penal.7. Form:(a) affirmative(b) negative
Manner of referring to statutes1. Public Acts:(a) Philippine Commission and Philippine Legislature 1901-1935(b) Commonwealth Acts: enacted during the Commonwealth 1936-1946
(c) Republic Acts: passed by Congress of the Philippines 1946-1972 and from 1987Note: Statutes may be referred to by its serial number, or its title.
Legislative power is the power to make, alter, and repeals laws.1. Under the 1973 and freedom constitution, the president exercised legislative power which remainedvalid until repealed.2. LGU can enact ordinances within their own jurisdiction, but such laws are inferior and subordinate tothe laws of the state. (Primicias v. Municipality of Urdaneta).3. Administrative or executive officer can make rules and regulations to implement specific laws.
Essential feature of the legislative function is the determination of the legislative policy and its formulationand promulgation as a defined and binding rule of conduct
A bill is a proposed legislative measure introduced by a member of Congress for enactment into law.
Passage of a bill:1. A bill shall embrace only 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, revenue or tariff bills, billsauthorizing increase of public debt, bills of local application, private bills, which shall originateexclusively in the House of Representatives.3. A bill is approved by either house after it has gone three readings on separate days except when thePresident certifies to the necessity of its immediate enactment.4. Steps:(a) The Secretary reports for the first reading, which consists of reading the number and title of thebill, followed by its referral to the appropriate Committee for study and recommendation.(b) Second Reading: the bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with. After theamendments, the bill will be voted on second reading.(c) Third reading: the bill approved on second reading will be submitted for final vote by yeas andnays. No amendments may be introduced.(d) The bill approved on the third reading by one house is transmitted to the other house forconcurrence, which will follow the same procedures as a bill originally filed with it.(e) If the other house introduces amendments and the House from which it originated does 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 foraction.(f) If the President shall veto it, and if after such consideration, two- thirds of all the Members osuch House shall agree to pass the bill, it shall be sent, together with the objections, to the otherHouse by which it shall likewise be reconsidered, and if approved by two-thirds of all theMembers of that House, it shall become a law.
A bill passed by Congress becomes a law in either of three ways:1. When the President signs it2. When the President does not sign nor communicate his veto of the bill within thirty days after hisreceipt thereof 3. When the vetoed bill is repassed by Congress by two-thirds vote of all its members, voting separately.
Procedure for enactment of appropriations and revenue bills is same with ordinary bills, but it may onlycome from the lower house. Appropriations bill are subject to the restrictions or qualifications as providedin 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 indispensableto 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 Journal isregarded as conclusive with respect to matters that are required by the Constitution to be recordedtherein. With respect to other matters, in the absence of evidence to the contrary, the Journals have alsobeen accorded conclusive effect. Considerations of public policy led to the adoption of the rule givingverity (truth) and unimpeachability to legislative records. “Imperative reasons of public policy require thatthe authenticity of laws should rest upon public memorials of the most permanent character. That therights 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 conclusive not only of its provisions 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 judicialdecree (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 isdiscrepancy, 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 OFThe Speaker and the Senate President may withdraw their signatures from the signed bill where there is seriousand substantial discrepancy between the text of the bill as deliberated and shown by the journal and that of theenrolled bill. It thus, renders the bill without attestation and nullifies its status as an enrolled bill.The court can declare that the bill has not been duly enacted and did not accordingly become a law (Astorga v.Villegas). 
Title: every bill passed shall embrace only one subject which shall be expressed in the title. This provisionscontains dual limitations upon the legislature:1. The legislature is to refrain from conglomeration, under one statute, of heterogeneous subjects.2. The title of the bill is to be couched in a language sufficient to notify the legislators and the public andthose concerned of the import of the single subject thereof.3. Purpose of one title-one subject rule:(a) To prevent hodge-podge or log-rolling legislation(b) To prevent surprise or fraud upon legislature, by means of provisions in bills of which the titlegave no information, and which might therefore be overlooked and carelessly and unintentionallyadopted(c) To fairly apprise the people through such publication of legislative proceedings as is usuallymade, of the subjects of the legislation that are being heard thereon4. These requirements should be liberally construed (People v. Buenviaje). It should not be given atechnical interpretation, nor narrowly construed as to cripple or impede the power of legislation(Tobias v. Abalos). (Cordero vs. Cabatuando)5. Title of the statute is used as a guide in ascertaining legislative intent when the language of the actdoes not clearly express its purpose.6. When there is doubt as to whether the title sufficiently expresses the subject matter of the statute,the question should be resolved against the doubt and in favor of the constitutionality of the statute(Insular Lumber vs. Court of Tax Appeals)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 statuteseeks to effect, without each and every end and means necessary or convenient foraccomplishing the subject.(b) if all parts of the law are related and germane to 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 andits operations.(d) The tile should not be catalogue or index of the bill (People v. Ferrer).7. Titles ending with “and for other purposes” expresses nothing as a compliance with the constitutionalrequirement.8. WHEN REQUIREMENT NOT APPLICABLEIt does not apply to laws in force existing at the time the 1935 Constitution took effect (People v.Valensoy), nor to municipal or city ordinances because they do not partake of the nature of laws passed by thelegislature.9. Effect pf insufficiency of title(a) A statue whose title does not conform to the one title-subject or is not related to its subject isnull and void.(b) If subject matter of statute is not sufficiently expressed in its title, only the unexpressed subjectmatter is void leaving the rest in force.

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