CHAPTER 1 STATUTES

Laws

(jural and generic sense) refers to the

whole body or system of law
(jural and concrete sense) rule of
conduct formulated and made
obligatory by legitimate power of the
state

Statute an act of legislature as an

organized body, expressed in form, and
passed according to the procedure, required
to constitute it as part of the law of the land.
Public Statute affects the public at large or
the whole community
Private Statute applies only to a specific
person or subject.
*Whether a statute is public or private
depends on substance rather than on form.
3 Classifications of Public Statute
1. General applies to the whole state
and operates throughout the state
alike upon all the people or all of a
class
2. Special relates to a particular
persons or things of a class or to a
particular community, individual, or
thing
3. Local operation is confined to a
specific place or locality
Statues According to Duration
Permanent Statute operation is not limited
in duration but continues until repealed.
Temporary Statute duration is for a limited
period of time fixed in the statute itself or
whose life ceases upon the happening of an
event.
Statutes According to Application

Prospective
Retroactive

Statutes According to Operation

Declaratory
Curative
Mandatory

Directory
Substantive
Remedial
Penal

Statues According to Forms

Affirmative
Negative

Manner of Referring to Statutes

Public Acts passed by Phil. Commission and
Phil. Legislature from 1901 to 1935
Commonwealth Acts enacted during the
Commonwealth from 1936 to 1946
Republic Acts passed by Congress from
1946 to 1972 and from 1987
Batas Pambansa promulgated by Batasang
Pambansa
*Statutes passed by the legislature are
consecutively numbered and identified by
the respective authorities that enacted
them.
*Presidential decrees and executive orders
issued by the President in the exercise of his
legislative power are serially numbered.
Legislative power the authority under the
Constitution to makes laws, and to alter and
repeal them.
Step in the Passage of a Bill into a Law
1. Introduced by a member of Congress,
signed by its authors and filed with the
Secretary of the House
2. First Reading followed by referral to
the appropriate committee for study
and recommendation
3. Second Reading; subject to debates,
pertinent motions, and amendments.
It will then be voted on second reading
4. Third Reading for voting by yeas and
nays
5. Transmittal to other House for
concurrence
a. If w/o amendment, it will be passed
by Congress to the President
b. If w/ amendment and the House it
comes from does not agree, it will

be settled by Conference
Committees
Conference Committee mechanism for
compromising differences between the
Senate and the House in the passage of a bill
into a law
*Conference committee is sometimes called
the third body of the legislature.
Authentication of Bills the signing by the
Speaker and the Senate President of the
printed copy of the approved bill, certified by
the respective secretaries of the both
Houses, to signify to the President that the
bill presented has been duly approved by the
legislature and is ready for approval or
rejection.
3 Ways a Bill Becomes a Law
1. When the President signs it
2. When the President does not sign nor
communicate his veto of the bill w/n
30 days after his receipt thereof
3. When the vetoed bill is repassed by
the Congress by 2/3 vote of all its
members, each house voting
separately
Parts of Statutes
1. Preamble prefatory statement or
explanation or a finding of facts,
reciting the purpose, reason, or
occasion for making the law to which it
is prefixed
2. Title of the Statute its purpose is to
apprise the legislators of the object,
nature, and scope of the provisions of
the bill
3. Enacting Clause part of statute
written immediately after the title
thereof which states the authority by
which the act is enacted
4. Purview or Body of the Statute tells
what the law is all about
5. Separability Clause part of statute
stating that if any provision of the act
is declared invalid, the remainder shall
not be affected thereby
6. Repealing Clause
7. Effectivity Clause the provision when
the law takes effect

Major Phases of Budget Process

1.
2.
3.
4.

Budget
Budget
Budget
Budget

Preparation
Authorization
Execution
Accountability

Enrolled Bill passed by Congress,

authenticated by the Speaker and Senate
President and approved by the President
Presidential Issuances those which the
President issues in the exercise of his
ordinance power
Presidential Issuances
1. Executive Orders acts of the
President providing for rules of a
general or permanent character in
implementation or execution of
constitutional or statutory powers
2. Administrative Orders relate to a
particular aspect of governmental
operations in pursuance of his duties
as administrative head
3. Proclamations fixing or declaring a
status or condition of public moment
or interest, upon the existence of
which the operation of a specific law
or regulation is made to depend.
4. Memorandum Orders on matters of
administrative detail or of subordinate
or temporary interest which only
concern a particular officer or office of
the Government
5. Memorandum Circulars on matters
relating to internal administration,
which the President desires to bring to
the attention of all or some of the
departments, agencies, bureaus or
offices of the Government, for
information or compliance
6. General or Special Orders acts and
commands of the President in his
capacity as the Commander-in-Chief of
the AFP
Executive Power the power to enforce
and administer the laws, the President
being the Chief Executive
Requisites for a Valid EO or any
Administrative Rule

1. Its promulgation must be authorized

by the legislature
2. It must be promulgated in accordance
with the prescribed procedure
3. It must be within the scope of the
authority given by the legislature
4. It must be reasonable

Subjects the President is Authorized to

Fix

1. Tariff rates
2. Import and export quotas
3. Tonnage and wharfage dues

Municipal Ordinance

Administrative Rule vs Administrative

Interpretation

Administrative Rule it makes a new law

with the force and effect of a valid law

Administrative Interpretation it renders an

opinion or gives a statement of policy; it
merely interprets a pre-existing law

Supreme Court Rule-Making Power

The power to promulgate rules

concerning the protection and
enforcement of constitutional rights,
pleading, practice, and procedure in all
courts, the admission to the practice
of law, the Integrated Bar, and legal
assistance to the underprivileged.

*The legislature may enact laws which are

substantive and procedural, but the
Supreme Court, in the exercise of its rulemaking power, does not have the power to
promulgate rules which are substantive in
nature.

It refers to the power of local

legislative to enact ordinances,
consisting of barangay ordinance,
municipal ordinance, city ordinance,
and provincial ordinance.

Barangay Ordinance

The power to enact municipal

ordinance is lodged with the
sangguniang bayan
An ordinance may be passed by a
majority vote of the members present
and voting, there being a quorum
The ordinance is submitted to the
municipal mayor, who, within 10 days
of receipt thereof shall return the
same with his approval or veto
If not returned on time, it shall be
deemed approved
If vetoed, may be overridden by 2/3
vote of all members
The approved ordinance is then
submitted to the sangguniang
panlalawigan for review who, within 30
days from receipt, invalidate the same
in whole or in part

City Ordinance

Legislative Power of Local Government

Units

May pass an ordinance by majority of

vote of all its members
Subject to review by the sangguniang
bayan or sangguniang panglungsod
The sanggunian shall take action on
the ordinance within 30 days from
submission
If not taken an action within 30 days, it
will be presumed consistent with the
law
If inconsistency is found, it will be
returned to the sangguniang barangay

The power to pass is vested in the

sangguniang panglungsod by a
majority vote of the members present,
there being a quorum
It shall be submitted to the city mayor
who, within 10 days from receipt, shall
return the same with his approval or
veto
If not returned on time, it shall be
deemed approved
The sangguniang panglungsod may
repass a vetoed ordinance by 2/3 vote
of all the members
If the city is a component city, the
approved ordinance is submitted to
the sangguniang panlalawigan for

review which shall take action within

30 days
Provincial Ordinance

The power to pass is vested in the

sangguniang panlalawigan by a
majority vote of the members present,
there being a quorum
It is then forwarded to the governor,
who, within 15 days from receipt, shall
return the same with his approval or
veto
If not returned on time, it shall be
deemed approved
A vetoed ordinance may be repassed
by the sangguniang panlalawigan by
2/3 vote of all its members

Tests of Validity of Ordinances

1. It must not contravene the
Constitution or any statute
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate
trade
5. It must be general and consistent with
public policy
6. It must not be unreasonable
Essential Requisites for Judicial Review
1. An actual case or controversy calling
for the exercise of judicial power
2. The person challenging the act must
have standing to challenge; he must
have a personal and substantial
interest in the case such that he has
sustained, or will sustain, direct injury
as a result of its enforcement
3. The question of constitutionality must
be raised at the earliest possible
opportunity
4. The issue of constitutionality must be
the very lis mota of the case
Tests of Constitutionality of a Statute
1. It is not within the legislative power to
enact
2. It creates/establishes methods or
forms that infringe constitutional
principles
3. Its purpose or effect violates the
Constitution or its basic principles

4. It is vague
Effects of Unconstitutionality

Orthodox View An unconstitutional

act is not a law; it confers no right,
imposes no duties, it affords no
protection, it creates no office, it is, in
legal contemplation, inoperative, as if
it had not been passed. It is a total
nullity.
Modern View less stringent; the court
passing upon the question of
constitutionality does not appeal or
repeal the statute if it is conflict with
the Constitution. It simply refuses to
recognize it and determines the rights
of the parties just as if such statute
had no existence.

*Laws shall take effect after fifteen (15) days

following the completion of their publication
in the Official Gazette or in a newspaper of
general circulation, unless it is otherwise
provided.
CHAPTER 2 NATURE AND PURPOSE
Construction the art or process of
discovering and expounding the meaning
and intention of the authors of the law,
where that intention is rendered doubtful by
reason of the ambiguity in its language or
the fact that the given case is not explicitly
provided for in the law.
Construction vs Interpretation
Construction the drawing of warranted
conclusions not always included in direct
expressions, or determining the application
of words to facts in litigation
Interpretation the art of finding the true
meaning and sense of any form of words
*Rules of statutory construction are tools
used to ascertain legislative intent.
*Except as they may have been embodied as
part of a statute, rules of statutory
construction have no binding effects on the
courts nor are they controlling in the
interpretation of laws.
Purpose or Object of Construction

To ascertain, and give effect to, the

intent of law.
All rules of construction or
interpretation have for their sole
object the ascertainment of the true
intent of the legislature.

Legislative Intent the vital part, the

essence of the law. It is the spirit which gives
life to legislative enactment.
Legislative Purpose the reason why a
particular statute was enacted by legislature.
Legislative Meaning what the law, by its
language, means.
Matters Inquired Into in Construing a
Statute

The object of inquiry is not only to

know what the legislature meant by
the language used, but to determine
whether the language used sufficiently
expresses the meaning.

Where Legislative Intent is Ascertained

The primary source of legislative

intent is the statute itself. It has to be
discovered from the four corners of
the law.

Construction is a Judicial Function

The duty and power to interpret or

construe a statute or the Constitution
belong to the judiciary.
It is emphatically the province and
duty of the judicial department to say
what the law is.
The SC construes the applicable law in
controversies which are ripe for
judicial resolution.
It refrains from doing so where the
case has become moot and academic.

Legislature Cannot Overrule Judicial

Construction

The legislature has no power to

overrule the interpretation or
construction of a statute or the
constitution by the SC, for
interpretation is a judicial function

assigned to the latter by the

fundamental law.
While the legislature may indicate may
indicate its construction of a statute in
the form of a resolution or declaratory
act, it cannot preclude the courts from
giving the statute a different
interpretation.

When the Court May Construe Statute

Construction is the means by which

the court clarifies the doubt to arrive
at the true intent of the law.
For where there is no ambiguity in the
words of a statute, there is no room for
construction.

Ambiguity a condition of admitting two or

more meanings, of being understood in more
than one way, or of referring to two or more
things at the same time. A statute is
ambiguous if it is susceptible of more than
one interpretation.
*Judicial rulings have no retroactive effect as
expressed in the legal maxim, lex, prospicit,
non respicit, the law looks forward, not
backward.
*Courts may not, in the guise of
interpretation, enlarge the scope of a statute
and include therein situations not provided
nor intended by lawmakers.
CHAPTER III AIDS TO CONSTRUCTION
*Where the meaning of a statute ambiguous,
the court is warranted in availing itself of all
legitimate aids to construction in order that
it can ascertain the true intent of the statute.
Intrinsic aids aids to construction found in
the printed page of the statute itself.
Extrinsic aids extraneous facts and
circumstances outside the printed page.
Aids to Construction
1.
2.
3.
4.
5.
6.
7.

Title
Preamble
Context of whole text
Punctuation marks
Capitalization of letters
Headnotes or epigraphs
Lingual text

8. Intent or spirit of law

9. Policy of law
10.Purpose of law or mischief to be
suppressed
11.Dictionaries
12.Consequences of various constructions
13.Presumptions
Legislative History

The history of the statute refers to all

antecedents from its inception until its
enactment into law.

1. Presidents message to legislature

2. Explanatory note
3. Legislative debates, views and
deliberations
4. Reports of commissions
5. Prior laws from which the statute is
based
6. Change in phraseology by amendment
7. Amendment by deletion
8. Adopted statutes
9. Principles of common law
10.Conditions at the time of the
enactment
11.History of the times
Contemporary/practical constructions
constructions placed upon statutes at the
time of, or after, their enactment, by the
executive, legislature, or judicial authorities,
as well as by those who, because of their
involvement in the process of legislation, are
knowledgeable of the intent and purpose of
the law, such as draftsmen and bill sponsors.
3 Types of Executive Construction
1. Construction by an executive or
administrative officer directly called to
implement the law.
2. Construction by the Secretary of
Justice in his capacity as the chief
legal adviser of the government.
3. Interpretation handed down in an
adversary proceeding in the form of
ruling by an executive officer
exercising quasi-judicial power.
*The courts give much weight to the
government agency or officials charged with
the implementation of the law, their
competence, expertness, experience and
informed judgment, and the fact that they

frequently are the drafters of the law they

interpret.
*The best interpreter of the law is usage.
*An administrative agency has the power to
interpret its own rules and such
interpretation becomes part of the rules.
*Contemporaneous construction is entitled
much weight because it comes from the
particular branch of the government called
upon to implement the law thus construed.
*Executive officials are presumed to have
familiarized themselves with all the
considerations pertinent to the meaning and
purpose of the law, and to have formed an
independent, conscientious and competent
expert opinion thereon.
*The contemporaneous construction of the
statute is neither binding nor controlling
upon the court.
*If the contemporaneous construction is
erroneous, the same must be declared null
and void.
*An erroneous contemporaneous
construction creates no vested right on the
part of those who relied upon, and followed
such construction.
*A vested right may not arise from a wrong
interpretation of a law by an administrative
or executive officer whose primary duty is to
enforce, and not to construe the law.
*The legislature may, by action or inaction,
approve or ratify such contemporaneous
construction.
Re-enactment the most common act of
legislative approval of contemporaneous
construction of a statute.
Stare Decisis

Stare decisis et non quieta movere

means one should follow past
precedents and should not 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 branch of
government entrusted with the duty to
construe and interpret the law.
The rule of stare decisis is not
absolute.

MAXIMS

Ultra vires beyond the limits

Ratione cessat lex, et cessat lex
when the reason for the law ceases,
the law ceases
Locus standi legal standing
Index animi sermo est speech is the
index of intention
Verba legis non est recedendum
from the words of a statute there
should be no departure
Nemo ex alterius incommode debet
lecupletari no man ought to be made
rich out of anothers injury
Expresio unius est alterius where a
statute, by its terms, is expressly

limited to certain matters, it may not,

by interpretation or construction, be
extended to others
Legis interpretato legis vim obtinet
the authoritative interpretation of the
SC of a statute requires the force of
law by becoming a part thereof
Lex prospicit, non respicit the law
looks forward not backward
Expressium facit cessare tacitum
what is expressed puts an end to what
is implied
Contemporanea expositio est optima
et fortissima lege the contemporary
construction is the strongest in law
Optimus interpres rerum usus the
best interpreter of the law is usage
Ratihabitio mandato aequiparatur
legislative ratification is equivalent to
a mandate
Stare decisis et non quieta movere
one should follow past precedents and
should not disturb what has been
settled
Orbiter dictum opinion expressed not
upon the point in issue