STATUTORY CONSTRUCTION - The process of determining what a particular statute means so that a court may apply it accurately - is the

process !y which courts interpret and apply legislation Some amount of interpretation is often necessary when a case in"ol"es a statute Sometimes the words of a statute ha"e a plain and straightforward meaning #ut in many cases$ there is some am!iguity or "agueness in the words of the statute that must !e resol"ed !y the %udge To find the meanings of statutes$ %udges use "arious tools and methods of statutory interpretation$ including traditional canons of statutory interpretation$ legislati"e history$ and purpose In common law %urisdictions$ the %udiciary may apply rules of statutory interpretation to legislation enacted !y the legislature or to delegated legislation such as administrati"e agency regulations &A' - A rule esta!lished to guide our actions$ with no !inding effect until it is enacted$ wherefore$ it has no application to past times !ut only to future time &()A& *(R+IN(UTICS - *ermeneutics is the art of interpreting te,ts It is used as a techni-ue in critical legal studies It is the study of the methodological principles of interpretation and e,planation The term is widely used in theological$ philosophical and literary circles It is "ery important to ad"ocates of critical legal studies as interpretation is central to legal theory - #y the phrase .legal hermeneutics/ is understood the systematic !ody of rules which are recogni0ed as applica!le to the construction and interpretation of legal writings (1()IS - is a critical e,planation or interpretation of a te,t STATUT( - A statute is a formal written enactment of a legislati"e authority that go"erns a state$ city$ or country Typically$ statutes command or prohi!it something$ or declare policy The word is often used to distinguish law made !y legislati"e !odies from case law$ decided !y courts$ and regulations issued !y go"ernment agencies Statutes are sometimes referred to as legislation or 2!lac3 letter law 2 As a source of law$ statutes are considered primary authority

4UR4OS( - The reason for which something is done or created or for which something e,ists INT(NT - The thing that you plan to do or achie"e CONSTRUCTION - The process by which the meaning of an ambiguous provision of a statute, written document, or oral agreement is determined.

INT(R4R(TATION - The art or process of determining the intended meaning of a written document, such as a constitution, statute, contract, deed, or will.

INTRINSICAT( - #elonging to the essential nature or constitution of a thing

(1TRINSICAT( - originating from or on the outside 5UNCTION O5 6 #RANC*(S 7 8 The &egislati"e !ranch is authori0ed to ma3e laws$ alter$ and repeal them through the power "ested in the 4hilippine Congress This institution is di"ided into the Senate and the *ouse of Representati"es

9 8 The (,ecuti"e !ranch is composed of the 4resident and the :ice 4resident who are elected !y direct popular "ote and ser"e a term of si, years The Constitution grants the 4resident authority to appoint his Ca!inet These departments form a large portion of the country;s !ureaucracy

6 8 The <udicial !ranch holds the power to settle contro"ersies in"ol"ing rights that are legally demanda!le and enforcea!le This !ranch determines whether or not there has !een a gra"e a!use of discretion amounting to lac3 or e,cess of %urisdiction on the part and instrumentality of the go"ernment It is made up of a Supreme Court and lower courts The Constitution e,pressly grants the Supreme Court the power of <udicial Re"iew as the power to declare a treaty$ international or e,ecuti"e agreement$ law$ presidential decree$ proclamation$ order$ instruction$ ordinance or regulation unconstitutional =OCTRIN( O5 NON =(&()ATION - Non delegation doctrine is a principle of administrati"e law that Congress cannot delegate its legislati"e powers to agencies =elegation is permitted only if Congress prescri!es clear and ade-uate standards to guide an e,ecuti"e agency in ma3ing the policy There should !e an 2intelligi!le principle/ for the agencies to !ase their regulations on

#I&&

- oposed law under consideration !y a legislature A !ill does not !ecome law until it is passed !y the legislature and$ in most cases$ appro"ed !y the e,ecuti"e Once a !ill has !een enacted into law$ it is called an Act or a statute *O' A #I&& #(CO+(S A &A' - The Congress of the 4hilippines is the !ranch of go"ernment tas3ed with creating laws in the 4hilippines It is made up of two *ouses> a8 the &ower *ouse$ or the *ouse of Representati"es? and$ !8 the Upper *ouse$ or the Senate Its mem!ers are the congressmen and senators you "oted for As part of the law-ma3ing process$ indi"idual mem!ers of Congress propose !ills for appro"al !y the ma%ority of Congress If the !ill gets appro"ed$ it will constitute part of the law of the 4hilippines In this article$ we will gi"e you a step-!y-step guide as to how a !ill !ecomes law @or more specifically$ a statute8 in the 4hilippines 7 To initiate the law-ma3ing process$ the proposed !ill is signed !y its author and filed with the Secretary of the either the &ower *ouse @for congressmen8 or the Senate @for senators8 9 The !ill will go through three readings On the 5irst Reading$ the num!er and title of the !ill is read$ followed !y its referral to the appropriate committee for study 6 On the Second Reading$ the !ill is read in full along with amendments proposed !y the committee who studied it The !ill is then su!%ected to de!ates and discussion !y the mem!ers of the *ouse where it was filed After e,tensi"e discussion$ the !ill will !e "oted on If appro"ed$ it would go through a third reading A On Third Reading$ the !ill will !e su!mitted for a final "ote If appro"ed again$ it shall !e transmitted to the other *ouse for concurrence The other *ouse will go through the same process of ha"ing three readings B If the other *ouse introduces amendments and the *ouse from which the !ill originated does not appro"e of the amendments$ the differences will !e settled !y a meeting of the Conference Committees of !oth *ouses$ whose recommendations will ha"e to !e appro"ed !y !oth *ouses C Once the !ill is appro"ed$ it is transmitted to the 4resident of the 4hilippines for signature The 4resident may then either sign the !ill to indicate appro"al$ or "eto the !ill to indicate disappro"al If appro"ed$ the !ill officially !ecomes a law D If the 4resident decides to e,ercise his "eto powers$ the Congress may re-pass the "etoed !ill if two-thirds of !oth *ouses$ "oting separately$ appro"e its enactment In this case$ the !ill also officially !ecomes a law