II.
SUBJECTS TO CONSTRUCTION
o Statutes
o Constitution
o Ordinances
o Resolutions
o Executive Orders
o Department Circulars
 Constitution, defined.
o Fundamental law of the land
o Body of rules and maxims
o Where powers of sovereignty are
habitually exercised
o DOCTRINE OF
CONSTITUTIONAL
SUPREMACY
Under the doctrine of constitutional
supremacy, if a law or contract violates
any norm of the constitution, that law or
contract whether promulgated by the
legislative or by the executive branch or
entered into by private purposes is null
and void and without any force and
effect(has no legally binding effect).
Thus, since the Constitution is the
fundamental paramount and supreme
law of the nation, it is deemed written in
every statute and contract (Manila
Prince Hotel v. GSIS)
o Constitution, distinguished from
statute
Constitution – general principles
and foundation of government
Statute – more detailed
Constitution – relatively permanent
in character
Statute – tentative
 Common parts of the Constitution.
o Constitution of Liberty – bill of
rights
o Constitution of government –
framework of government
o Constitution of sovereignty –
procedure for amending the
constitution
 Kinds of Constitution
o Written – embodied in a single
formal document
o Unwritten – not reduced in writing
and not formally embodied in a
single document
o Cumulative – product of evolution
and growth of customs, common
law, judicial decisions and the like
o Conventional – product of
constitutional convention or royal
proclamation
o Flexible – amended anytime
through ordinary legislative
proceedings
o Rigid – amended only through
proceedings different from ordinary
legislation
o Philippine Constitution – Written,
Conventional, Rigid
 Statute, defined.
o Written will of the legislature
o Public will and people’s mandate
expressed through their
representatives
An act of 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.
 Is the power to legislate exclusive to
Congress? No.
o Presidential Decrees
o Executive Orders
 Statute, distinguished from statute law.
o Statute law is broader, as it
includes not only the statute, but
also judicial interpretation and
application of such statutes.
o Used interchangeably.
 Statutes, classified.
o Public – affects public at large
o Private – applies only to specific
person
 Public statute, classified.
 o General law – applies to whole -The full implementation of law only takes effect
state upon all the people or all of after the publication of the IRR and submission to the
the class UP Law Center.
o Special law – relates to particular
persons or things of a class,
community, individual or thing
Q: Can you not publish the IRR? A: Yes, but only if
o Local law – applies to specific
it is internal in nature.
locality.
 Legislative power, defined.
o Power to make, alter and repeal
laws. Congress can delegate the power to legislate with
 Scope of legislative power. the administrative agency to make the IRR. BUT,
o Embraces all subjects in order to do this, the law in itself must already be
o Extends to matters of general complete. This only means that the law is complete
concern or common interest. insofar as its general statement is concerned, not
o Unless limited by the Constitution specifically.
 Constitutional basis for legislative power
Atty. Gujilde: Why then do we still have to delegate
of Congress
the power to make the IRR if the law is already
o Sec. 1, Art. VI, 1987 Constitution.
complete in itself? A: When congress asks the
The legislative power shall be
executive branch to create the IRR, this is what we
vested in the Congress of the
call as legislative delegation.
Philippines which shall consist of a
Senate and a House of
Q: If the law and IRR is inconsistent, which will
Representatives, except to the prevail? A: The law will prevail.
extent reserved to the people by the
provision on initiative and o Retroactive application;
referendum. promulgation & publication,
 Legislative Power, non-delegability distinguished.
Exceptions. GUTIERREZ V. HR
1. Doctrine of Subordinate
legislation. Requisites to the delegation of congress of
o Delegation of legislative power, legislative power to the executive:
bases & requisites.
1. The law must be complete (in the general sense);
o Supplementary rule-making.
2. The law should fix a standard in order for an
o Contingency rule-making.
administrative agency to fill in the details in the
o Implementing rules & regulations,
execution, enforcement and administration of said
effectivity.
law.
PEOPLE V. REYES
o Implementing rules & regulations, o Nature of Administrative Rules and
nature of. Regulations
ABAKADA GURO PARTY LIST.
PURISIMA -Issued by administrative or executive offices in
accordance with, and as authorized by, law have the
-If it says that there is need to file with the UP Law force and effect of law or partake the nature of the
Center, it is allowed. However, publication is statute.
generally required.
Requirement for validity of Administrative Rules
and Regulations:
1. Provisions should be germane to the objects and
purpose of the law.
2. Not in contradiction with, but conform to, the
standards that the law prescribes
3. They should be for the sole purpose of carrying
into effect the general provisions of the law.
Administrative Rules and Regulations:
1. IRR
-enforces the law
-with force and effect of a valid law.
2. LOI
- interprets the rule.
- administrative interpretations rendering an opinion
or giving a statement of policy
*The rules are binding upon the Courts, but the
interpretation is not.
o Test of validity of administrative
rules & regulations.
Lokin vs. COMELEC
There’s a partylist, and the partylist submitted the list
of nominees to the COMELEC prior to the elections.
Q: After submission to the COMELEC, can they
change the list of nominees?
A: Generally, no, they cannot. Except, when:
1. Nominee dies 2. Express statement of the
nominee’s withdrawal 3. Nominee becomes
incapacitated Based on the partylist law.
Q: Who withdrew Lokin’s nomination.
A: The partylist, not Lokin, withdrew his
nomination.
Q: What did the COMELEC do?
A: They allowed such sithdrawal. They based their
decision on a resolution (an equivalent of the IRR) to
do so. In the resolution, they included a 4th
exception, which is when the "nomination is
withdrawn by the party" which was not originally
stated in the Partylist Law.
COMELEC contends that they merely reworded and
rephrased the law. Rationale (why the law disallows
the change in list of nominee after submission to the
COMELEC): Be decisive. The law did not give
partylists the discretion to whimsically and
capriciously change the list of nominees in order to
stabilize the nomination process. The COMELEC
publishes this in the newspaper, and it’s expensive.
Additionally, some people already voted for the
partylist upon the representation of the individual that
he is a nominee.
Supreme Court Ruling:
The COMELEC, when it added a 4th exception, has
actually expanded the enumeration in the partylist
law. This is not allowed. It acted beyond the authority
granted to it by Congress. An IRR adopted pursuant
to the law is itself law. In case of conflict between the
law and the IRR, the law prevails. There can be no
question that an IRR or any of its parts not adopted
pursuant to the law is no law at all and has neither the
force nor the effect of law. The invalid rule,
regulation, or part thereof cannot be a valid source of
any right, obligation, or power.
Requisites: 1. Its promulgation must be valid and
authorized by congress. 2. Within the scope of the
authority given to it by legislature 3. Promulgated in
accordance with the requirement of publication 4. It
must be reasonable
2. Local legislation- ordinance
RUBI V. PROVINCIAL BOARD
3. Emergency Powers- President can legislate
Limitations.
Sec. 26 (2), Art 6, 1987 Constitution
4. Tax Legislation
Sec. 28 (2) Article 6, 1987 Constitution