Statutory Construction | Source: Agpalo

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If with period: the statute terminates at the end of such
period
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CHAPTER I: STATUTES • If designed to meet an emergency: the statute ends

upon the cessation of such emergency; an emergency,

by nature, is temporary in character, do must the statute

A. IN GENERAL
intended to meet it, be

Laws
- generic sense: refers to the whole body or system of law
3. According to APPLICATION

- concrete sense: refers to the rule of conduct formulated and
made obligatory by legitimate power of the state
- includes:
# Statutes enacted by the Legislature,
# PDs and EOs issued by the President in the exercise of his
legislative powers,
# Others presidential issuances made in the exercise of his
ordinance powers
# rulings of the SC (Art. 8, CC)
a. Prospective
- generally, laws should be applied prospectively (Art. 4, CC)
b. Retroactive
- exceptionally, laws shall have retroactive effect only when the
law specifically provides therefor (Art. 4, CC) or, in the case of
penal statutes, when it is beneficial to the accused who is not a
habitual criminal (Art. 22, RPC)

# rules and regulations promulgated by administrative or

executive officers pursuant to delegated power

4. According to OPERATION

Statutes
# ordinances of sanggunians of LGUs
- generally, an act of the legislature as an organized body,
expressed in the form, and passed according to the
procedure, required to constitute it as part of the law of the land
- exceptionally, an act of the Chief Executive in the exercise of his
legislative powers (e.g. Marital Law, Revolutionary Government
under Freedom Constitution)
CLASSIFICATION:
a. Declaratory
- a law which explains, or ascertains what before was uncertain
or doubtful
- passed to put an end to a doubt as to what the law is, and
which declares what it is and what it has been
b. Curative
- enacted to cure legal defects in a prior law or to validate legal
proceedings which would otherwise be void for want of
conformity with certain legal requirements
- intended to enable persons to carry into effect that which they
have designed or intended; to give validity to acts done that

1. According to SCOPE
would have been invalid under existing laws, as if existing laws
have been complied with
- they make valid that which, before the enactment of the statute,

*

was invalid



c. Mandatory
- those that require, as opposed to permit, a particular course of
a. Public statutes action
- one which affects the public at large or the whole community - characterized by the use of directive terms such as “shall”
b. Private statutes d. Directory
- one which applies only to a specific person or subject - a law which points out a thing or course of proceeding; optional
* NOTE: whether a statute is public or private depends on

- sometimes characterized by the use of the word “may”

substance rather than on form

Public statutes:
a. General statutes
- one which applies to the whole state and operates throughout
the state alike upon all the people or all of a class
- one which embraces a class of subjects or places and does not
omit any subject or place naturally belonging to such class
e. Substantive
- a statute or written law that controls the rights and actions of all
persons within the jurisdiction
f. Remedial
- laws which afford/give a new remedy or which supply some
defects or abridge some superfluities of the common law

* special penal laws may be general in character

b. Special law
5. According to FORM

a. Affirmative
- one which relates to particular persons or things of a class or to
a particular community, individual, or thing
c. Local statutes
b. Negative

Manner of referring to statutes

- one whose operation is confined to a specific place or locality
- statutes are identified by the respective authorities that
enacted them and are consecutively numbered

2. According to DURATION

a. Permanent statute
# PA, 1901-1935: by Philippine Commission and Philippine
Legislature
# CA, 1935-1946: during the Commonwealth Govt.
- one whose operation is not limited in duration but continues # RA,1946-1972, 1987- present: Congress of the Phil.
until repealed # BP, 1973-1986: by the Batasang Pambansa
- it does not terminate by lapse of a fixed period or by occurrence
of an event
- a statute may also be referred to by its Title

- neither disuse nor custom or practice to the contrary operates to

render it ineffective or inoperative (Art. 7, CC)
b. Temporary statute
- one who duration is for a limited period of time fixed in the
statute itself or whose life ceases upon the happening of an
event
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B. ENACTMENT OF STATUTES - internal rules of procedure are subject to revocation,

- the study of statutory construction should begin with the
modification or waiver at the pleasure of the body adopting
them; they are procedural and the courts have no concern with

understanding of how bills are enacted into law

- basis: legislative intent is sometimes ascertained through an

their observance

* ONLY violations of rules provided by the Constitution itself (e.g.

examination of the legislative history (steps and actions taken 2/3 vote requirement) will render the statute void.

and language employed to enact a statute) * violations of internal rules of procedure promulgated by the
Congress, without violation of the Constitution or of any individual

LEGISLATIVE POWER OF CONGRESS

Sec. 1, Art. VI, 1987 Constitution

rights, shall not render the statute unconstitutional

The legislative power shall be vested in the Congress of

the Philippines which shall consist of a Senate and a HOR,

STEPS IN PASSING A BILL INTO LAW

Bill
except to the extent reserved to the people by the provision on - a proposed legislative measure introduced by a member or

initiative and referendum.

Legislative power
- the authority and power, under the constitution, to make, repeal
members of Congress for enactment into law
- it is signed by its authors and filed with the Secretary of the
House
- origin: either of two Houses of Congress; the following,

and alter laws

“broad, general and comprehensive”

however, must originate from the HOR:
a. tax bills
b. appropriation
- the Legislature possesses plenary power for all purposes of civil c. revenue or tariff bills
government d. bills authorizing increase of public debt
- except as limited by the Constitution, either expressly or e. bills of local application
impliedly, legislative power embraces all subjects and extends to

matters of general concern or common interest f. private bills

“vested in the Congress”

- not just in a particular chamber athough:

Source: Legal Method Essentials by Dante Gatmaytan

Legislation is far more complicated in real life.

a. the Constitution requires that the initiative for filing certain
bills must come from the HOR; basis: HOR members, elected as
they are from the districts, are expected to be more sensitive to
the local needs and problems
b. Senators, elected at large, are expected to approach the same
problem from the national perspective
a. legislation is not always the initiative of elected lawmakers,
they may be drafted by other stakeholders, especially when civil
society is actively engaging government
b. “Informal channels” of lobbying; conference committees, for
example, open a completely new opportunity to rewrite the law
and are accessible to interest groups

- both views are made to bear on the enactment of laws c. impact of the media on the final form of the law

Constitutional grant of legislative powers

- by the physical arrangement of the articles on such powers,

the legislative power is first and appears to be more extensive
and broad than the executive and judicial powers
- without a law, the executive has nothing to execute and the
judiciary has nothing to interpret and apply
- the grant of legislative power means a grant of all legislative

power

Subjects of Legislation

- except as the Constitution may have excluded specific subjects

from legislation or laid down restrictions, the Congress may
legislate or enact laws for any of the purposes of civil government
(comprehensive leg. power)
- Art. II, Declaration of Principles and Policies, which are
generally not self-executing and which require enabling laws

to implement them

* NOTE: even self-executing Constitutional provisions may not

prevent Congress from enacting further laws to enforce the same
within their confines, impose penalties for violations, and supply

minor details.

PROCEDURAL REQUIREMENTS IN ENACTMENT OF LAWS

- general: provided by the Constitution (e.g. Art. II, Art. III);

- specific procedure: embodied in the Rules of both Houses of
Congress, promulgated by them pursuant to the constitutional
mandate empowering it to determine its rules of proceedings,

Sec. 16(3), Art. VI
Statutory Construction | Source: Agpalo
1. PREPARATION OF THE BILL—the draft
- the member of the bill drafting division of the reference and
research bureau prepares and drafts the bill upon the
member’s request
2. FIRST READING
1) the bill is filed with the bills and index service; the
same is numbered and reproduced—filing, numbering and
reproduction
2) 3 days after its filing, the same is included in the
order of business for first reading
3) On the 1st reading, the Sec. Gen. READS the
a)TITLE and the b) NUMBER OF THE BILL. The Speaker of
the House REFERS the bill to the appropriate committees.
3. APPROPRIATE COMMITTEE’s CONSIDERATION/ACTION
1) Scheduling for public hearings and committee
discussions
2) Result of the public hearings or committee
discussions shall be made the bases of the introduction of
amendments, consolidation of bills on the same subject matter,
and proposal of a substitute bill; thereafter, a COMMITTEE
REPORT is prepared
3) the committee approves the committee report and
formally transmits the same to the plenary affairs bureau
4. SECOND READING
1) Registration and numbering of committee report by
the bills and index service and referral of the same to the
committee on rules.
2) Scheduling for 2nd reading
3) On the 2nd reading, the Sec. Gen. READS the
a) NUMBER, b) TITLE and c) TEXT of the bill
a. period of sponsorship and debate
b. period of amendments
c. voting which may be by:
- viva voce
- count by tellers
- division of the house
5. THIRD READING
- nominal voting
1) The amendments, if any, are engrossed and
printed copies of the bill are reproduced for Third Reading.
2) The engrossed bill is included in the Calendar of
Bills for Third Reading and copies of the same are distributed
to all the Members three days before its Third Reading.
3) On 3rd Reading, the Sec. Gen. reads only the
a) NUMBER and b) TITLE of the bill.
4) A roll call or nominal voting is called and a Member,
if he desires, is given three minutes to explain his vote. No
amendment on the bill is allowed at this stage.
a. The bill is approved by an affirmative vote of a
MAJORITY of the Members present.
b. If the bill is disapproved, the same is transmitted to
the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE
SENATE
The approved bill is transmitted to the Senate for its
concurrence.
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE
The bill undergoes the same legislative process in the Senate.
8. CONFERENCE COMMITTEE
If WITHOUT amendments
The bill is passed by Congress and the same will be
transmitted to the President for appropriate action.
1.
2.
Source: Agpalo
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- A bill is approved by either House after it has gone three
readings in accordance with Sec. 26(2), Art. VI:
“(2) No bill passed by either House shall become a law
unless it has passed 3 readings on separate days, and printed
copies thereof in its final form have been distributed to its
Members 3 days before its passage, except when the President
certifies to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall
immediately be taken thereafter, and the yeays and nays entered
in the Journal.”
“either House of Congress”
- Sec. 26(2) requirements DO NOT APPLY to conference
committee reports, even if such report includes new provisions
which have not been considered by either House
- the requirements ONLY APPLY TO bills introduced for the first
time in either House of Congress
- all that is required is that the conference committee report be
APPROVED BY BOTH HOUSES of Congress
Presidential certification
- dispenses with the requirement not only of printing but also that
of reading the bill on separate days
- the “unless” clause must be read in relation to the “except”
clause because the two are coordinate clauses of the same
sentence
- the factual basis of the Presidential certification of bills
may not be subject to judicial review, as it merely involves
doing away with procedural requirements designed to insure that
bills are duly considered by members of Congress
Conference Committee reports
- generally, it is a mechanism for compromising differences
between the Senate and the House in the passage of a bill into
law
- there is nothing in the Rules which limits a conference
committee to a consideration of conflicting provisions
- thus the phrase, “third body of the legislature”
- it is always the final version of the bill which is conclusive under
the enrolled bill doctrine and which will be submitted to the
President for approval
Authentication of Bills—“the ENROLLED BILL”
- the law making process ends upon the approval by Congress of
the bill
1. signing of the approved bill by:
a. Speaker of the House
b. Senate President
2. certification by the Secretaries of both Houses
- signifies to the President that the bill being presented to him has
been duly approved by the legislature and is ready for approval
or rejection
Presidential approval/ veto
Sec. 27(1), Art. VI
“…The President shall communicate his veto oof any bill
to the House where it originated within 30 days after the date of
receipt thereof; otherwise, it shall become a law as if he had
signed it.”
INSUM: A bill passed by Congress becomes a law…
1. When the President signs it
2. When the President does not sign nor communicate his
veto of the bill within 30 days after his receipt thereof
Statutory Construction | Source: Agpalo
3. When the vetoed bill is repassed by Congress by 2/3
vote of all its Members, each House voting separately
C. PARTS OF STATUTES
STATUTES GENERALLY CONTAIN THE FF. PARTS
1. PREAMBLE
- prefatory statement; explanation or a finding of facts, reciting
the purpose, reason, or occasion for making the law to which it
is prefixed
- usually found after the enacting clause and before the body of
the law
- more often used in PDs and EOs, because in other statutes the
legislature expounds on the purpose of the bill in its explanatory
note or in the course of deliberations
- preambles are therefore important in the construction of PDs
2. TITLE OF THE STATUTE
“One title-one subject” Rule
Sec. 26(1), Art. VI, 1987
“…Every bill passed by Congress shall embrace only
Constitution nor practical
one subject which shall be expressed in the title thereof.”
- the provision is mandatory; ergo, a violation thereof would
render the statute unconstitutional
- the provision contains dual limitations:
1) there must be a homogenous subject
2) the title of the bill is to be couched in a language
sufficient to notify the legislators and the public and those
concerned of the import of the single subject thereof
A. Purposes of title requirement
Principal purposes:
1. To prevent hodgepodge or log-rolling legislation
2. To prevent surprise or fraud upon the legislature
- To apprise the legislators of the object, nature, and scope
of the provisions of the bill
- To prevent the enactment into law of matters which have
not received the notice, action and study of the legislature
- To prevent duplicity in legislation
3. To fairly apprise the people of the subjects of legislation that
are being heard thereon
4. To be used as a guide for ascertaining legislative intent
when the language of the law does not clearly express its
purpose
- the title may clarify doubt or ambiguity on the meaning and
scope of the statute as it is supposed to limit the statute to
only one subject
- it is an intrinsic aid to statutory construction
“riders”
- a provision not germane to the subject matter of the bill
Constitutional standard
- the title of the bill is not required to be an index to the body of
the act or to be comprehensive as to cover every single detail of
the measure
- if the title fairly indicates the general subject and reasonably
covers all the provisions of the Act and is not calculated to
mislead the legislature or the people, then there is sufficient
compliance with the constitutional requirement
- or if the title is comprehensive enough to include the general
object which the statute seeks to effect, and where the
persons interested are informed of the nature, scope and
consequences of the proposed law and its operation
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Liberal construction
- the Court has adopted a liberal rather than technical
construction of the rule so as not to cripple or impede legislation
# where a law amends a statute or a part of it, it suffices if
reference be made to the legislation to be amended, there being
no need to state the precise nature of the amendment
B. Subject of repeal of statute
- the repeal of a statute on a given subject is properly connected
with the subject matter of a new statute on the same subject, and
therefore a repealing section in the new statute is valid
notwithstanding that the title is silent on the subject
- the repeal of previous legislations is certainly germane to an act
and to the object to be accomplished thereby
Ratio:
a. where a statute repeals a former law, such repeal is the
effect and not the subject of the statute; and it is the subject,
not the effect of the law, which is required by the Constitution
to be briefly expressed in its title
b. to require that every other act which the new law repeals or
alters by implication must be mentioned in the title of the
new act would be neither within the reason of the
C. How requirement of title construed
- LIBERAL CONSTRUCTION; it should not be given a technical
interpretation
- it should neither be narrowly construed so as to cripple or
impede the power of legislation
- doubts as to whether the title sufficiently expresses the subject
matter of the statute should be resolved in favor of its
constitutionality
D. When requirement not applicable
- the one title-one subject rule was only embodied in the 1935,
1973 and 1987 Constitutions
- the requirement therefore applies only to bills enacted into
law after the adoption of the 1935 Constitution and NOT TO
LAWS IN FORCE AND EXISTING at the time it took effect
E. Effect of insufficiency of title
- General rule:
A statute whose title does not conform to the constitutional
requirement or is not related in any manner to its subject is null
and void.
The nullity, however, is only to the extent of the subject matter not
expressed in the title (partial nullity).
- Exception:
There cannot be partial nullity if the invalid provisions are
inseparable from the others, in which case the nullity of the
former vitiates the rest
3. ENACTING CLAUSE
- the part of the statute written immediately after the title thereof
which states the authority by which the act is enacted
# Present Congress: "Be it enacted by the Senate and House of
Representatives in Congress assembled."
# PDs: "NOW THEREFORE, I, _____, President of the
Philippines, by virtue of the powers vested in me by the
Constitution,do hereby decree as follows."
4. PURVIEW / BODY OF THE STATUTE
- the part which tells what the law is all about
- constitutional requirement: the body of a statute should only
embrace one subject matter which should be expressed in its title
- how the constitutional requirement is complied with:
Statutory Construction | Source: Agpalo
when the provisions of the law, no matter how diverse they may
be, a) are allied and germane to the subject and purpose of the
bill and b)are in furtherance thereof
5. SEPARABILITY CLAUSE
- the part which states that if any provision of the act is declared
invalid, the remainder shall not be affected thereby
- a legislative expression of the intent that the nullity of one
provision shall not invalidate the other provisions of the act
- a legislative replacement of the presumption of non-
separability
6. REPEALING CLAUSE
- repeals by subsequent legislation are in no way a legislative
declaration finding the earlier law unconstitutional; the power to
make such declaration lies exclusively with the courts
7. EFFECTIVITY CLAUSE
- provision on when the law takes effect
* READ ON ART. 3, CC
BILLS ORIGINATING FROM THE LOWER HOUSE
Sec. 24., Art. VI
All appropriation, revenue or tariff bills, bills authorizing
increase of public debt, bills of local application, and private bills
shall originate exclusively in the House of Representatives, but
the Senate may propose or concur with amendments.
- the procedure for the enactment of ordinary bills applies to the
enactment of those specifically required to originate from the
Lower House
"shall originate exclusively"
- it is only the INITIATIVE for filing the said bills which must come
from the House of Representatives
- the Senate is not prohibited in filing "substitute bills" in
anticipation of its receipt of the bill from the House, so long as
action by Senate as a body is withheld pending receipt of the
House bill
# Tolentino v. Sec. of Finance
"coequality" of legislative powers of Senate and HOR
- given the power of the Senate to propose amendments, the
Senate can propose its own version even with respect to matters
which are required to originate in the House
- 'proposal of amendments' = 'proposal of an entirely new bill'
Ratio:
- the members of the HOR, elected as they are from the districts,
are expected to be more sensitive to the local needs and
problems
- senators, on the other hand, are expected to approach the
same problems from the national perspective
ENACTMENT OF BUDGET AND APPROPRIATION LAW
- follows the usual route which any ordinary bill goes through in
its enactment
4 major phases:
1. Budget Preparation
2. Budget Authorization
3. Budget Execution
4. Budget Accountability
Sec. 22, Art. VII
The President shall submit to the Congress within thirty
days from the opening of every regular session, as the basis of
the general appropriations bill, a budget of expenditures and
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sources of financing, including receipts from existing and
proposed revenue measures.
- after approval of the "proposed budget" by the Dept. of Budget
and Management, the same is submitted to Congress for
evaluation and inclusion in the appropriations law
general appropriation bill
- a special type of legislation, whose content is limited to
specified sums of money dedicated to specific purposes or a
separate fiscal unit
- power of appropriation --> power to specify HOW money shall
be spent
- the only provisions which Congress can include in an
appropriation bill are those which relate specifically to some
particular appropriation therein and be limited in its operation to
the appropriate items to which it relates
RESTRICTIONS IN PASSAGE OF BUDGET OR REVENUE
BILLS
1. SEC. 25, ART. VII
1. a) Budget preparation by the President and submission to
Congress.
Sec. 25, Art. VI
(1) The Congress may not increase the appropriations
recommended by the President for the operation of the
Government as specified in the budget. The form, content, and
manner of preparation of the budget shall be prescribed by law.
- the "power of the purse" belongs to Congress, subject only to
the veto power of the President
- the President may propose the budget, but Congress still has
the final say on the matter of appropriations
- power of appropriation --> power to specify the project or
activity to be funded under the appropriation law (which can be
as detailed as Congress desires it to be)
1. b) Each provision must relate specifically to particular
appropriation
Sec. 25, Art. VI
(2) No provision or enactment shall be embraced in the
general appropriations bill unless it relates specifically to some
particular appropriation therein. Any such provision or enactment
shall be limited in its operation to the appropriation to which it
relates.
- precludes Congress from including in the appropriations bills
"inappropriate provisions"
- Congress may include special provisions, conditions to
items which cannot be vetoed separately from the items to which
they relate so long as they are "appropriate" in the budgetary
sense
- examples of inappropriate provisions which the President may
validly veto:
a. repeal or amendment of law
Infringement on the fiscal autonomy of LGUs
# increase or decrease of IRAs of LGUs
# modifications on the LGU share on the IRA
- fiscally autonomous constitutional commissions/officers and the
judiciary are outside the ambit of Congress appropriation powers
- fiscal autonomy contemplates a guarantee of full flexibility to
allocate and utilize their resources with the wisdom and dispatch
that their needs require
- fiscal autonomy means freedom from outside control
Statutory Construction | Source: Agpalo
- the principle of separation of powers also call for the
acknowledgment of such autonomy
b. grant of Congressional veto requiring Congress approval or
disapproval of expenses for a specific purpose in the budget
c. unconstitutional
d. denies the President the right to defer or reduce spending for a
particular item
e. "riders"
f. special interest provisions
1. c) Procedure in approving appropriations
Sec. 25, Art. VI
(3) The procedure in approving appropriations for the
Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
1. d) Special appropriation bill to specify purpose
Sec. 25, Art. VI
(4) A special appropriations bill shall specify the purpose
for which it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to be raised by
a corresponding revenue proposed therein.
1. e) Restriction on transfer of appropriation; exception
Sec. 25, Art. VI
(5) No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the Chief
Justice of the Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from
savings in other items of their respective appropriations.
- while individual members may determine the necessity of
realignment of savings in the allocations of their operating
expenses, the final say on the matter is lodged in the Senate
President or the Speaker, as the case may be, who should give
his approval when two requirements are met:
(1) the funds to be realized or transferred are actually
savings in the items of expenditures from which the same are to
be taken
(2) the transfer or realignment is for the purpose of
augmenting the items of expenditures to which the transfer or
realignment is to be made
1. f) Discretionary funds requirement
Sec. 25, Art. VI
(6) Discretionary funds appropriated for particular
officials shall be disbursed only for public purposes to be
supported by appropriate vouchers and subject to such
guidelines as may be prescribed by law.
# Aglipay v. Ruiz
1. g) Automatic reenactment of budget
Sec. 25, Art. VI
(7) If, by the end of any fiscal year, the Congress shall
have failed to pass the general appropriations bill for the ensuing
fiscal year, the general appropriations law for the preceding fiscal
year shall be deemed reenacted and shall remain in force and
effect until the general appropriations bill is passed by the
Congress.
2. President's veto power
Sec. 27, Art. VI
(2) The President shall have the power to veto any
particular item or items in an appropriation, revenue, or tariff bill,
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but the veto shall not affect the item or items to which he does
not object.
- the President may veto not only any particular item but also any
inappropriate provisions in the bill
Item
- refers to the particulars, the details, the distinct and several
parts of the bill
- an indivisible sum dedicated to a stated purpose
- an item which in itself is a specific appropriation of money, not
some general provision of law, which happens to be put into an
appropriation bill
- the power to disapprove any item or items in an appropriation
bill does not grant the authority to veto a part of an item and to
approve the remaining portion of the same item; the President
either has to disapprove the whole item or not at all
3. SEC. 29, ART. VI
3.a) No public funds to be spent except by law
Sec. 29, Art. VI
(1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
- only Congress can authorize the expenditure of public funds by
passage of a law to that effect
- limit of Congress: the legislature is without power to
appropriate public fund for anything but a public purpose
- test of "public purpose": whether the measure is designed to
promote public interests, as opposed to the furtherance of
advantage of individuals, although it might incidentally serve the
public
3.b) No public money or property for religious purposes
Sec. 29, Art. VI
(2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the use,
benefit, or support of any sect, church, denomination, sectarian
institution, or system of religion, or of any priest, preacher,
minister, or other religious teacher, or dignitary as such, except
when such priest, preacher, minister, or dignitary is assigned to
the armed forces, or to any penal institution, or government
orphanage or leprosarium.
- the prohibition does not apply to the temporary use of public
streets or places, which are open to the public, for some religious
purposes
# free use of water supply given to a religious order in
exchange for its donation of a land in favor of a public corporation
TEST:
5. purpose of use of public funds or property
6. consideration of religion itself
3.c) Money for special purpose
Sec. 29, Art. VI
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for such
purpose only. If the purpose for which a special fund was created
has been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.
4. Highest budgetary priority to education, DIRECTORY
Sec. 5, Art. XIV
Statutory Construction | Source: Agpalo
(5) The State shall assign the highest budgetary priority
to education and ensure that teaching will attract and retain its
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.
- merely directory, meaning other more important concerns may
override this Constitutional provision, e.g. imperatives of national
interest and for the attainment of other state policies or objectives
RULES AND RECORDS OF LEGISLATIVE PROCEEDINGS
- the constitution requires that the legislative proceedings be duly
recorded in accordance with the rules of each House of
Congress
Sec. 16, Art. VI
(3) Each House may determine the rules of its
proceedings, x x x.
(4) Each House shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas and
nays on any question shall, at the request of one-fifth of the
Members present, be entered in the Journal.
Sec. 26, Art. VI
(2) x x x Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the
Journal.
Sec. 27, Art. VI
(1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to
reconsider it. x x x In all such cases, the votes of each House
shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal.
The President shall communicate his veto of any bill to the House
where it originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.
POWER TO ISSUE ITS RULES OF PROCEEDINGS
Limits:
1. constitutional restraints
2. fundamental rights
3. rational relationship between method and result sought
* Read on SEPARATION and DELEGATION OF POWERS
(Constitutional Law I)
- the power of each House to issue its own proceedings may not
exceed constitutional restraints or violate fundamental rights;
furthermore, there should be reasonable relation between the
mode or method of proceedings established by the rules and the
result sought to be attained
- Secs. 26-27, Art. VI: constitutional requirements for the
enactment of laws
- only violations of the specific rules PROVIDED BY THE
CONSTITUTION for the enactment of laws will render them
unconstitutional
# Francisco v. HOR
- while the Constitution empowers each House to determine its
rules of proceedings, it may not a) ignore constitutional restraints
or b) violate fundamental rights and c) there should be a
Page 7! of 14
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reasonable relation between the mode or method of proceeding
established by the rule and result which is sought to be attained
- when political question: it is within the province of either
House of Congress to interpret its rules
- when justiciable: where construction to be given to a rule
affects persons other than members of the Legislature
UNIMPEACHABILITY OF LEGISLATIVE JOURNALS
Sec. 16, Art. VI
(4) Each House shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such parts as
may, in its judgment, affect national security; and the yeas and
nays on any question shall, at the request of one-fifth of the
Members present, be entered in the Journal.
Legislative journals
- conclusive upon the courts with respect to matters that are
required by the Constitution to be recorded therein; it is also
accorded conclusive effect as to other matters, in the absence of
evidence to the contrary
Ratio for conclusiveness
- imperative reasons of public policy require that the authenticity
of laws should rest upon public memorials most permanent in
character
public: because all are required to conform to them
permanent: that rights acquired to day shall not be
destroyed tomorrow by facts resting only in the memory of
individuals
- public memorial v. individual memory
* Read on the difference between the ENROLLED BILL
DOCTRINE and the CONCLUSIVENESS OF LEGISLATIVE
JOURNALS; Read relevant case assigned
enrolled bill > legislative journals
- generally: in case of conflict between the two, the enrolled bill
should prevail over the legislative journal
- exception: as to matters that the Constitution requires to be
entered in journals
ENROLLED BILL
Enrolled bill
- the bill as passed by Congress, authenticated by the Speaker
and the Senate President and approved by the President
Enrolled bill doctrine
- requires the Court to accept as having passed Congress, all
bills authenticated in the manner required by the Constitution
- the text of the act as passed and approved is deemed
importing absolute verity and is binding on the courts
- the signing of the cill by the Speaker of the House and the
Senate President and the certification of the Secretaries of both
Houses of Congress that it was passed are conclusive of its due
enactment
Basis
- respect due to coequal and independent departments
demand that courts act upon the faith and credit of what the
officers of the said branches attest to as the official lats of their
respective departments
Proper remedy in case of legitimate mistakes
- if there has been any mistake in the printing of the bill before it
was certified by the officer of the assembly, the remedy is by
Statutory Construction | Source: Agpalo
amendment by enacting a curative legislation, not by judicial
decree
Effect of withdrawal of authenticity
- the Speaker and Senate President may actually withdraw their
respective signatures from the enrolled bill where there is serious
and substantial discrepancy in the bill deliberated upon and the
bill actually signed
- such withdrawal 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
SUMMARY OF RULES
* Summary of the rules on internal rules of proceedings,
legislative journals, and doctrine of enrolled bill in # Arroyo v De
Venecia
1. Mere failure to conform to parliamentary usage will not
invalidate the action (taken by a deliberative body) in the
absence of a showing that there was a violation of Constitutional
provisions or of rights of private individuals
- in the case, no rights of private individuals are involved but only
those of a member who, instead of seeking redress in the House,
chose to transfer the dispute to the Court
2. The jurisdiction of the Court is subject to the case and
controversy requirement of Sec. 5, Art. VIII
- if them, the established rule is that courts cannot declare an act
of the legislature void on account merely of non-compliance with
rules of procedures made by itself, it follows that such a case
does not present a situation in which a branch of government has
"gone beyond the constitutional limits of its jurisdiction: so as to
call for the exercise of power of judicial review under Sec. 1, Art.
VIII
3. In the instant case, not even a rule of the HOR was in
existence so as to be the basis of the allegation of "railroading"
4. Going behind the enrolled bill
- In a case, the Court went behind an enrolled bill and consulted
the Journal to determine whether certain provisions of a statute
had been approved by the Senate
- but where there is no evidence to the contrary, the Court will
respect the certification of the presiding officers of both Houses
that a bill has been duly passed
D. ISSUANCES, RULES and ORDINANCES
PRESIDENTIAL ISSUANCES
- issued by the President in the exercise of his ordinance power
Executive Orders (EO)
- acts of the President providing for rules of a general or
permanent character in the implementation or execution of
constitutional or statutory powers
- vs. Execution Orders (Freedom Constitution) which were issued
by the President in the exercise of his legislative power during
the revolutionary period and which are of the same category and
binding force as statutes enacted by the legislature
Administrative Orders (AO)
# adequate and efficient instruction
- acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as
administrative head
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Proclamations
- acts of the President fixing a date 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, shall be promulgated in proclamations which shall have
the force of an executive order
Memorandum Orders
- acts of the President on matters of administrative detail or of
subordinate or temporary interest which only concern a
particular officer or office of the Government
General or Special Orders
- acts and commands of the President in his capacity as
Commander-in-Chief of the AFP
"power of control"
- the President's power to assume directly the functions of the
executive department, bureau and office, or interfere with the
discretion of its officials
- corollary: power to supervise the enforcement of laws for the
maintenance of general peace and public order
"administrative power"
- concerned with the work of applying policies and enforcing
orders as determined by proper governmental organs
- enables the President to fix a uniform standard of administrative
efficiency and check the official conduct of his agents
ADMINISTRATIVE RULES AND REGULATIONS
- have the force and effect of law or partake the nature of a
statute if they are issued by administrative officers or executive
officers in accordance with, and as authorized by law
- all that is required for their validity is that the rules should
be germane to the objects and purposes of the law
laws > administrative rules
* Read on ART. 7, CC
- in case of discrepancy or conflict between the basic law and the
regulations issued to implement it, the former prevails over the
latter
- the rule-making power of a public administrative agency is a
delegated legislative power
TESTS for valid delegation of legislative powers
1. Completeness test
- it must set forth the policy to be executed, carried out or
implemented by the delegate
2. Sufficient standard test
- "sufficient standard": the limits of which are sufficiently
determinate or determinable
- may be expressed or implied from the policy and purpose of the
act as a whole, marks its limits, maps out its boundaries and
specifies the public agency to apply it
- the Court, in decided cases, has declared the following to be
sufficient standards:
# simplicity, dignity
# public interest
# interests of law and order
# justice and equity
# substantial merits of the case
ILLUSTRATIVE CASES ON VALIDITY OF EXECUTIVE
ORDERS, RULES AND REGULATIONS
Requisites for a valid administrative issuance
Statutory Construction | Source: Agpalo
1. Its promulgation must be authorized by the legislature
- e.g. "Congress may, by law, authorize the President..."
2. It must be promulgated in accordance with the prescribed
procedure
- general rule: the promulgation of administrative issuances
requires previous notice and hearing
- exception: no previous notice and hearing is necessary where
the legislature itself requires it and mandates that the regulation
shall be based on certain facts determined at an appropriate
investigation
interpretative rules
- give no real consequence more than what the law itself has
already prescribed
legislative rules
- in the nature of subordinate legislation, crafted to implement a
primary legislation
# CIR v. CA; CIR v. MJ Lhuillier Pawnshop, Inc.
* when an administrative rule goes beyond merely
providing for the means that can facilitate or render less
cumbersome the implementation of the law and substantially
increases the burden of those governed, it behooves the agency
to accord at least to those directly affected a chance to be heard
and to be duly informed, before the issuance is given the force
and effect of a law
3. It must be within the scope of the authority given by the
legislature
4. It must be reasonable
ADMINISTRATIVE RULE =/= ADMINISTRATIVE
INTERPRETATION OF LAW
right to appeal)
Administrative rules and regulations
- in the promulgation thereof, the administrative agency "makes:
a new law with the force and effect of a valid law
- BINDING ON THE COURTS even if they are not in agreement
with the policy stated therein or with its innate wisdom
Administrative interpretation
- when an administrative agency renders an opinion or gives a
statement of policy
c. provincial ordinance
- MERELY ADVISORY because it is the courts that finally
determine what the law means
Judicial construction > administrative Construction
- administrative construction is NOT NECESSARILY
BINDING upon the courts
- action of an administrative agency may be disturbed or set
aside by the judicial department if there is error of law, or abuse
of power or lack of jurisdiction or grave abuse of discretion clearly
conflicting with the letter or the spirit of the law
* READ on ARTs. 7, 8, CC
SUPREME COURT RULE-MAKING POWER
Sec. 5, Art. VIII
The Supreme Court shall have the following powers:
(5) 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. Such
rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the
same grade, and shall not diminish, increase, or modify
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substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by
the Supreme Court.
complemented by:
Sec. 30, Art. VI
No law shall be passed increasing the appellate
jurisdiction of the Supreme Court as provided in this Constitution
without its advice and concurrence.
# UNCONSTITUTIONAL: a statute which makes the
decision of a quasi-judicial body directly appealable to the SC
without its advice and concurrence
- 1997 Rules of Civil Procedure; Rules of Criminal Procedure;
Rules of Court
- the rule-making power of the SC includes the power to
repeal procedural laws (e.g. those which prescribe the method
of enforcing rights or obtaining redress for their invasion
vs. legislative power
- the SC, in the exercise of its rule-making power, does not have
the power to promulgate rules which are substantive in nature
TEST on whether an SC rule is substantive or procedural
1. whether the rule really regulates procedure or the judicial
process for enforcing rights and duties recognized by
substantive law and for justly administering remedy and redress
for a disregard or infraction of them
a. Procedural
- if it operates as a means of implementing an existing
right
b. Substantive
- if the rule creates or takes away a vested right (e.g.
LEGISLATIVE POWER OF LGUs
- refers to the power of the local legislative bodies to enact
ordinances
a. barangay ordinance
b. municipal ordinance
Requisites for validity
7. passage in accordance with prescribed procedure
8. must meet "substantive requisites" for their validity
(1) must not contravene the Constitution
(2) must not be unfair or oppressive
(3) must not be partial or discriminatory
(4) must not prohibit but may regulate trade
(5) must be general and consistent with public policy
(6) must not be unreasonable
BARANGAY ORDINANCE
Sangguniang barangay
- the smallest legislative body
- it may pass an ordinance affecting a barangay by MAJORITY
VOTE of all its members
1. A barangay ordinance is subject to review by the
Sangguniang Bayan or Sangguniang Panglungsod, for the
determination of its consistency with law or with municipal
ordinance
2. The Sanggunian 30 days from submission,
a. return it with his approval or veto
Statutory Construction | Source: Agpalo Page !10 of 14
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b. NON ACTION within said period:
- presumption of ordinance's consistency with the law or
city ordinance


PRESUMPTION OF CONSTITUTIONALITY

- every statute is presumed valid

- brgy. ordinance will be deemed approved - all reasonable doubts should be resolved in favor of the
c. FINDING OF INCONSISTENCY:
- return of the same to the Sangguniang Barangay
for adjustment, amendment or modification

constitutionality of law; to doubt is to sustain

- to justify the nullification of a law, there must be a clear and

- effectivity of the ordinance is suspended unequivocal breach of the Constitution, not a doubtful and

argumentative implication

MUNICIPAL ORDINANCE

- the power to enact municipal ordinance is lodged with the

Ratio
c. essence of how a law is enacted gives rise to the
Sangguniang Bayan presumption that the legislature has decided the
- the affirmative VOTE OF THE MAJORITY of the members of measure to be constitutional and the presumption that
the Sangguniang Bayan present and voting, there being a the President, in approving the bill, has been convinced of

QUORUM, shall be necessary for the passage of any ordinance

1. The municipal mayor shall within 10 days from receipt

its validity
d. decent respect due to the wisdom, integrity and the
patriotism of the legislature, by which the law is passed,
thereof, and the chief executive, by which the law is approved
a. return it with approval or veto e. for the responsibility of upholding the Constitution rests not

b. NON ACTION within said period: approved

2. The Sangguniang Bayan may, by 2/3 votes of all members,

on the courts alone but on the legislature and executive as
well
f. it reflects the wisdom and justice of the people as

OVERRIDE THE VETO of the mayor

3. The ordinance is then submitted to the Sangguniang

expressed through their representatives in the executive
and legislative departments of the government

Panlalawigan for review

Jurisdiction and authority over nullifications

4. The Sangguniang Panlalawigan may, within 30 days from

receipt of the ordinance:
* READ on ART. VIII

a. invalidate it, in whole or in part
b. NON ACTION within said period: approval
- final authority: the Supreme Court sitting en banc

Sec. 4, Art. VIII

CITY ORDINANCE

- the power to pass a city ordinance is vested in the

Sanggunniang Panglungsod
- the affirmative VOTE OF MAJORITY of the members of the SP
(2) All cases involving the constitutionality of a treaty,
international or executive agreement, which shall be heard by the
Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of

present and voting, there being a QUORUM, is necessary

1. The City Mayor shall, within 10 days from receipt of the

presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the
concurrence of a majority of the Members who actually took part
ordinance,
a. return it with his approval or veto
in the deliberations on the issues in the case and voted thereon.

b. NON ACTION within the said period: approval

2. The Sangguniang Panglungsod may OVERRIDE THE VETO

- initial authority: trial courts may also have the jurisdiction to
initially decide the issue of constitutionality of a law in appropriate
cases

of the ordinance by 2/3 VOTES OF ALL MEMBERS

3. If the city is a component city, the approved ordinance is

* it will be prudent for such courts to defer to the higher
judgment of the SC the determination of a law's validity
* every court is charged with the duty of purposeful
submitted tot eh Sangguniang Panlalawigan for review;

otherwise, it is already deemed valid
hesitation before declaring a law unconstitutional

PROVINCIAL ORDINANCE

- the power to pass a provincial ordinance is lodged in the

REQUISITES FOR EXERCISE OF JUDICIAL POWER

- before the court may resolve the question of constitutionality of

Sangguniang Panlalawigan a statute, the following requisites should be present:
- the affirmative VOTE OF MAJORITY of the members of the SP 1. justiciability

present and voting, there being a QUORUM, is necessary 2. locus standi
3. earliest opportunity
1. The Governor shall, within 15 days from receipt of the
ordinance, 4. lis mota

a. return it with his approval or veto
b. NON ACTION within the said period: approval
1. APPROPRIATE CASE

Sec.1,Art. VIII
2. The Sangguniang Panlalawigan may OVERRIDE THE VETO The judicial power shall be vested in one Supreme

of the ordinance by 2/3 VOTES OF ALL MEMBERS

Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice

E. VALIDITY OF STATUTE to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not
there has been a grave abuse of discretion amounting to lack
Statutory Construction | Source: Agpalo Page 11
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or excess of jurisdiction on the part of any branch or - ratio: a judgment in a class suit, under the principle of res

instrumentality of the Government.
Justiciable controversy
- the resolution of which will require the court to choose between
the Constitution and the challenged statute
- a matter appropriate for court review
- the Court does not automatically assume jurisdiction over
judicata, is binding on all members of the class WON they were
before the court
- a class suit will fail where it appears that not all interests
can be sufficiently represented as shown by the divergent
issues raised in the petitions; failure upon this ground does not
preclude the petition finding support from other grounds

"transcendental importance"
actual controversies brought before it even in instances that - the SC may, in its discretion, take cognizance of a suit which

are ripe for resolution (e.g. Political questions)

* READ on DELEGATION OF POWERS and POLITICAL

does not satisfy the requirement of legal standing
- liberal attitude of the Court on the locus standi of petitioner
where the issue of transcendental significance to the people is

QUESTIONS

Ratio
- judicial power is limited only to actual controversies, as a last
resort and a necessity in the determination of real, actual,
established
- where the Court brushes aside technicalities of procedure due
to the paramount importance to the public of the issues raised
# Francisco v. HOR
- no statutory definition; but there are instructive determinants

earnest, and vital controversy between litigants nevertheless:
1) character of the funds or other assets involved in

2. LOCUS STANDI: LEGAL STANDING TO SUE

- "personal and material/substantial interest in the case such

that the party has sustained or will sustain direct injury as a
result of the governmental act that is being challenged"
- not mere incidental interest
- concrete injury is the indispensable element of a dispute which
serves in part to cast it in a form traditionally capable of judicial
the case
2) presence of a clear case of disregard of a
constitutional or statutory prohibition by the public
respondent agency or instrumentality of the government
3) the lack of any other party with a more direct and
specific interest in raising the questions being raised

Rule on real party-in- Rule on Standing

resolution

- must establish:
interest

- concept of civil procedure - has constitutional and public

9. that the actual or threatened injury is traceable to the
policy underpinnings
allegedly illegal conduct of the government

10. that the injury is likely to be redressed by a favorable action

- whether or not the court will entertain a suit is a matter of

- 3 requirements are directed
towards ensuring that only
- standing restrictions require
a partial consideration of
certain parties can maintain the merits, as well as

judicial discretion

taxpayer standing
an action broader policy concerns
relating to the proper role of
the judiciary in certain areas
- when it is established that public funds have been disbursed in
alleged contravention of the law or the Constitution Question: Question:
- when there is an exercise by Congress of its axing or spending Whether he is the party who Whether such parties have
power 1) would be benefited or alleged a personal stake in
- taxpayer's suit will not prosper where injured by the judgment or the outcome of the
a. the statute being challenged does not involve the 2) entitled to the avails of controversy
expenditure of public funds the suit
b. there is no allegation 1) that tax money is being
spent in violation of a specific provision of the Constitution or 2)
that there is misapplication of public funds or 3) that public

money is being deflected to any improper purpose
c. petitioner does not seek to restrain the public
officials concerned from wasting public funds through the

3. WHEN TO RAISE CONSTITUTIONALITY

- constitutional questions will not be entertained by the courts

unless they are specifically raised, insisted upon , and

enforcement of an invalid or unconstitutional law

legislator's suit
- a member of Congress has the legal standing to question the
validity of a # presidential veto or a # condition imposed on an
item in an appropriations bill
- to the extent that the powers of Congress are impaired, so is
the power of each member thereof, since his office confers a right
adequately argued
- the party raising the question of its validity must raise it at the
earliest opportunity
* in the COMPLAINT or PETITION (of plaintiff or
petitioner)
* in the ANSWER (of the defendant or respondent)
* a question not raised in the pleadings may not be

to participate in the exercise of powers of that institution

citizen's suit

raised at the trial and, consequently, may not be raised on appeal

- when the proceeding involves the assertion of a public right,
the mere fact that he is a citizen satisfies the requirement of
personal interest
Exceptions
g. the question may be raised in a MOTION FOR
RECONSIDERATION or NEW TRIAL in the lower court where
the statute sought to be invalidated was not in existence when

class suit
- persons intervening must be sufficiently numerous to fully
protect the interests of all concerned to enable the court to deal
properly with all the interests involved
the complaint was filed or during the trial
h. in criminal cases: AT ANY STAGE OF THE PROCEEDINGS/
APPEAL
i. in civil cases: where the determination thereon is necessary
to the decision
Statutory Construction | Source: Agpalo Page !12 of 14
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j. where the JURISDICTION OF THE COURT BELOW is - instead, its nullity should affect only the parties involved in

involved

4. LIS MOTA: NECESSITY OF DECIDING

the case and its effects should be applied prospectively

4. More standards for ordinances

CONSTITUTIONALITY

The court will not pass upon the validity of a statute:

- as regards ordinances, the tests of validity are:
(1) must not contravene the Constitution

a. if it can decide the case on some other grounds (2) must not be unfair or oppressive
- it will leave the constitutional question for consideration until an (3) must not be partial or discriminatory
appropriate case arises in which a decision upon such question
is unavoidable (4) must not prohibit but may regulate trade
- if the only issue is a constitutional question which is
unavoidable, the court should confront the question and decide (5) must be general and consistent with public policy
the case on the merits

b. the issue raised has become moot and academic (6) must not be unreasonable

Exceptions
- the court may relax strict compliance with the procedural
requirements for the court to inquire into the constitutionality of a

EFFECTS OF UNCONSTITUTIONALITY

General rule
law: - an unconstitutional act is not a law--it confers no rights, imposes
11. where the constitutional question is of paramount public no duties, affords no protection, creates no office
interest - it is, in legal contemplation, inoperative as though it had never
12. where time is of the essence in the resolution of such
question
13. where there is undeniable necessity for a ruling, public

been passed ART. 7, CC

Exception
policy may demand that its constitutionality be resolved - a judicial declaration of invalidity may not necessarily obliterate

14. possibility of recurrence

The following does not preclude judicial review

all the effects and consequences of a void act occurring prior to

such declaration

- the fact that the validity of a statute has not been challenged for Basis (for the exception)
many years - the actual existence of a statute prior to the determination of its
- that the statute has been accepted as valid in cases where its nullity is an operative fact and may have consequences which

validity was not raised cannot justly be ignored
- while it was in force, it had to be complied with until the
Court finally declared its unconstitutionality

TEST OF CONSTITUTIONALITY

- TEST: what the Constitution provides in relation to what can or

- otherwise, it would be chaotic if the parties affected were left
free to disobey it in the meanwhile
- it would be productive of injustice if no notice of its existence as
may be done under the statute, and not by what has been done a fact is given

under it; content of the Constitution vs. content of the statute

- the court may not declare a law unconstitutional on

- the past cannot be erased by a new judicial declaration

grounds other than constitutional

PARTIAL INVALIDITY

Grounds for nullification

1. Contravention of the constitution

General rule
- where a part of the statute is void as repugnant to the
constitution, while another part is valid, the valid portion, IF
- not within legislative power to enact
- creates/establishes methods that infringe constitutional
principles

SEPARABLE from the invalid, may stand and be enforced

- the presence of a separability clause creates the presumption

- purpose or effect violates constitutional principles

2. Vagueness
- a statute is vague when it lacks comprehensible standards
that men of common intelligence must necessarily guess at its
meaning and differ in its application
- in which case, the statute violates the constitution in two
respects:
1) violates due process for failure to accord the people
fair notice of what conduct to avoid
2) leaves law enforcers unbridled discretion in
# Tatad v. Sec. of the Dept. of Energy
that the legislature intended separability rather than complete
nullity
Exception
- when the parts of the statute are so mutually dependent and
connected, as conditions, considerations, inducements, or
compensations for each other, as to warrant a belief that the
legislature intended them as a whole, the nullity of one part will
vitiate the rest

Requirements in case of partial invalidation

carrying out its provisions

3. Change in circumstances (e.g. in Emergency laws)

- while they are deemed unconstitutional at the time of their
enactment as a valid exercise of police power, they may become
unconstitutional once the emergency has passed or because
15. the valid portion must be so far independent of the invalid
portion
16. enough must remain to make a complete, intelligible, and
valid statute, which carries out legislative intent
17. the void provisions must be eliminated without causing results
affecting the main purpose of the act in a manner

there have been changes in circumstances and conditions contradictory to the intention of the legislature
18. what remains must express the legislative will independently
- the general rule on the effects of unconstitutionality of a statute
is inapplicable to a statute declared invalid under this situation
of the void part since the court has no power to legislate
Statutory Construction | Source: Agpalo
F. EFFECT AND OPERATION
Page !13 of 14
"Laws"
WHEN LAWS TAKE EFFECT
# Tanada v. Tuvera
General rule: after 15 days following the completion of
publication
Exception: when the law otherwise provides for its own
effectivity date
- The 15-day period may either be on the 15th day or on the 16th
day, depending on the language used by Congress
16th day: "after 15 days following its publication"
15th day: "15 days after its publication"
- when the law is silent, the general rule (effectivity on the 16th
day) applies
"Shall take effect immediately upon approval"
- it shall take effect after publication, with the 15-day period being
dispensed with
- "approval" does not mean on the day of enactment,
disregarding completely the publication requirement
Reduction or extension of 15-day period
- any provision in the law reducing or extending the usual 15-day
period shall be valid provided it be after publication
Publication requirement
- pre-Tanada v. Tuvera decision:
the SC ruled that publication in the OG is necessary
only in those cases where the legislation itself does not provide
for its effectivity date; that publication is determinant of the laws'
effectivity; that when a specific date is provided, publication is no
longer necessary
- Tanada v. Tuvera decision:
The SC ruled that ART. 2 does not preclude the
publication requirement even when the law itself provides for its
date of effectivity.
The clean object of the law is to give the general public
adequate notice of the various laws which are to regulate their
conduct.
Publication is the basis for the application of ART. 3 and
the maxim ignorantia legis non excusat.
The proviso "unless otherwise provided" only refers
to a law that has been duly published pursuant to the basic
constitutional requirements of due process.
Where to publish
- pre-EO 200 amending ART. 2:
The SC ruled that the publication must be effected in the
OG and not in any other medium.
- Pres. Aquino's EO 200 (1987):
Pursuant to this amendatory law, publication of laws
may now either be in the OG or in a newspaper of general
circulation.
Publication in full
- all or nothing
- incomplete publication would amount to no publication at all
since its purpose is to inform the public of the content of the laws
"Newspaper of general circulation"
- one published for the dissemination of local news and general
information
- one that has a bona fide subscription list of paying subscribers
- one that is published at regular intervals
and regulations or check on their existence *dispensable
- that there are other newspapers having larger circulation is
unimportant
!
- all laws, not only those of general application, for strictly
speaking, all laws relate to the people in general albeit there are
some that do not apply to them directly
EXCLUDED:
Municipal ordinances - they are covered by the LGC
SC decisions - lawyers in practice must keep abreast
of decisions
INCLUDED:
PDs and EOs
- whenever they are validly delegated by the legislature
or directly conferred by the Constitution
Administrative rules and regulations
- only those whose purpose is to enforce or implement
existing laws pursuant to a valid delegation
- with the exception of those that a) merely internal and
b) merely interpretative (i.e. LOIs)
Monetary Board Circulars
- those which serve as "fillers" to Central Bank Acts
- those which have "penal clause"
- with the exception of those which merely state
general policies as to how the law should be construed
WHEN PDs, RULES AND REGULATIONS TAKE EFFECT
A. Presidential issuances
General rule
- requirement of publication as a condition for effectivity also
applies to Presidential issuances
Exception
- those which are merely interpretative or internal in nature not
concerning the public
B. Administrative rules and regulations
2 types of rules and regulations
1. implementing rules
- REQUIRES PUBLICATION for its effectivity
- those whose purpose is to enforce or implement an existing law
pursuant to a valid delegation or to fill in the details of a statute
- ADDITIONAL REQUIREMENT: compliance with the
requirements on filing under the Administrative Code
(1) Every agency must file with the UP Law Center 3
certified copies of every rule adopted by it
(2) Each rule shall become effective 15 days from
the date of filing as above provided unless a different date is
fixed by law, or specified in the rule in cases of imminent danger
to public health, safety and welfare, the existence of which must
be expressed in a statement accompanying the rule
2. interpretative rules; letters of instruction issued by superior
- DOES NOT REQUIRE PUBLICATION
- those which are merely internal in character; concerns the
personnel of the administrative agency and not the public
Ratio for a publication and filing requirement (for the
implementing rules)
k. publication: to inform the people of the rules and
regulations before they can be bound thereby
*indispensable
l. filing: to have a central office (UP Law Center) where
interested parties can readily secure copies of such rules
* Bothe requirements must be complied with EXCEPT when the
law authorizing the issuance of the rules and regulations
DISPENSES WITH THE FILING REQUIREMENT, in which case,
Statutory Construction | Source: Agpalo Page !14 of 14
!
publication--which cannot be dispensed with without violating the - "law once established continues until changed by some

due process clause, will be sufficient to make them effective competent legislative power; it is not changed by change of
sovereignty," except that of a political nature
- once created, the law persists until a change takes place and

WHEN LOCAL ORDINANCE TAKE EFFECT

- local ordinances are governed by the Local Government

when changed, it continues in such changed condition until the

next change, so forever

Code and are thus NOT COVERED by ART. 2, CC
TERRITORIAL AND PERSONAL EFFECT OF STATUTES

1. Effectivity

General rule
--Art. I, 1987 Constitution
--Art. 14, 15, CC

- shall take effect after 10 days from the date a copy thereof is
posted in the:
a. bulletin board at the entrance of the provincial
capitol or city, municipal, or barangay hall; and
b. at least 2 other conspicuous places in the local
- the Philippines being a sovereign, its authority may be
exercised over its entire dominion; no portion thereof is beyond
its power
- its jurisdiction is both territorial and personal

government unit concerned
MANNER OF COMPUTING TIME
Exception
- as otherwise stated in the rdinance or resolution
--Art. 13, CC

STATUTES CONTINUE IN FORCE UNTIL REPEALED
Art. 13. When the law speaks of years, months, days, or
nights, it shall be understood that years are of 365 days each;

2. Duty of the Secretary of the Sanggunian
months of 30 days; days of 24 hours; and nights from sunset
- posting of the ordinance/resolution in the required places not
later than 5 days after approval thereof to sunrise.

If months are designated by their name, they shall be

- recording of the following in a book kept for such purpose:
a. dates of approval and posting
b. dissemination in Filipino or English and the language computed by the number of days they respectively have.

In computing a period, the first day shall be excluded and the

or dialect understood by the majority of the people in the LGU
last day excluded.

concerned


3. Penal sanctions

IN PROVINCES
example:

12 months = 360 days

Publication 1 year = 365 days

- the gist of all ordinances with penal sanctions shall be published even leap years = 365 days

in a newspaper of general circulation

Posting

365th day = consummation of 1 year

If the last day falls on a Saturday, Sunday or Legal Holiday:

- in the absence of any newspaper of general circulation, posting The effect will be dependent on whether the rule arises from a
of such ordinances shall be made in all municipalities and cities contract or from the Rules of Court

of the province where the Sanggunian of origin is situated

IN HIGHLY URBANIZED and INDEPENDENT COMPONENT

19. Ordinary contract - the agreement of the parties prevails
because the agreement of the parties thereto has the force of
law between them
CITIES 20. Rules of Court / Court order / Statute - the time shall not run
- the main features of the ordinance or resolution duly enacted or
adopted shall be posted and published once in a LOCAL
newspaper of general circulation within the city; in the absence
until the next working day

* this principle DOES NOT APPLY TO the computation of the

thereof, it shall be published in any newspaper of general period of PRESCRIPTION OF A CRIME, in which the rule is that

circulation

STATUTES CONTINUE IN FORCE UNTIL REPEALED

if the last day in the period of prescription of a felony falls on a
Sunday or legal holiday, the information concerning the said
felony can no longer be filed on the next working day, as the

-- Art. 7, CC

Statutes in terms of duration and effect:

offense has by then already prescribed

"(number) of days"
1. permanent or indefinite - when the law requires the doing of an act within a particular

2. temporary

Temporary statutes

umber of days, it means calendar days and not working days

- those that are in force only for a limited period
- they terminate upon a) the expiration of the term or upon b) the
occurrence of certain events
- no repealing statute is necessary to bring a temporary law to an
"week"
- when used as a measure of time and without reference to the
calendar, it means a period of seven (7) consecutive days
without regard to the day of the week from which it begins

end

Permanent statutes

- it continues in force until repealed or changed by the legislature