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    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    16 views16 pages

    Legal Research Readings Part 1222

    Uploaded by

    Stephen Jasper Samson
    Legal Research

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 16
    7B. | AGUDE To PHIPPRE LEGAL NFORUATION ‘tle ofthe treaty. The treaty is submitted to final vote by yes and no. ‘The DFA, Office of Legal Affairs (OLA) has issued Circular No. 01-07 which provides for the procedures in the negotiation and ratification of international agreements. They areas follows: 1) Issuance of full powers or special authority; 2) negotiations; 3) signing ofthe agreement ;4) ratification by the President, 5) concurrence by the Senate; 6) declaration or reservation’ 7) notification after ratification; 8) entry into force, Treaties concluded between the Philippines and foreign countries need to be published in the Official Gazette. Another official source is the DFA Treaty Series, beginning, 147 at irregular intervals until it ceased publications. However, the UP. Law Center has assumed the task of publishing. its Philippine Treaty Series, now on its volume 10 covering 1984 ‘treaties, At present the DFA, Office of Legal Affairs and the Foreign Service Institute and the Supreme Court Library have ‘produced a CD-ROM of Philippine Treats, 1946-2010 with a ‘companion book Philippine Treaties Index, 1946-2010, The CD ‘and Index contains the full text of about 1,660 agreements ‘concluded by the country since 1946, The Index has for its authors J. Eduardo Malaya, Marla Antonina Mendoza-Oblena and Allan Casupanan. ‘Treaties entered into by the Philippines are registered with the Secretary-General and published inthe United Nations ‘Treaty Ses (UNTS). The Multilateral Treaties Deposited with the Secretary-General is @ publication by the United Nation containing information on multilateral treaties arranged by topics as well as citations, status, the signatories, text of declaration and reservation made by the individual state signatories. ‘Treaties and other international agreements on a ‘selective basis are likewise published in The Lauyers Review. UP. ‘nt / www ph downlad pl Vl35 Noa, A010 pa (vse March CchuoTeR Vi STATUTE LAW | 79 Lae Center has the flowing publications: Lo the St, 1996 kon: Pine Yerbok of ernatnal Laws, Vol. Xo XV (13851969; Documents in Contemporary nerationa Lin 0 (2) columes; Vil ASEAN Document, 1967-1984 The Osan Lo tnd Policy Sens; Philippine Trade anu Economic Agreenens nd ena Btn. ‘The secondary materials on treaties and interational agreement are: Vicente Abad Santos, Cases and Materials on International Law (1970; Jovito R. Salonga, Public Intemational liv (1974); Jorge R. Coquia and Miriam Defensor Santiago, International Law (1998); Isagani A. Cruz, Internatimal Law (1998); Mislam DefensorSentiago, International Law with Philippine Cases and Materials and Asean Instruments (199). + Statutes Proper ‘A statute is an act of the legislature as an organized body, expressly in the form and passed according to the procedure required to constitute it as part of the law of the land. Statutes tnicted by the legislature include the laws promulgated by the Philippine Commission and the Philippine Legislature, those passed during the Commonwealth perio, those enacted by the Philippine Congrese and those approved by the Satasang Pambansa and by the House of Representatives anc Senate Other laws which are ofthe same category and have binding. force as statutes are Presidential Decrees issued by the President in the exercise of his legislative power dering the period of martial law under the 1973 Constitution and [Executive Orders issued by the President in the exercise of his| legislative power during the revolutionary period wder the Freedom Constitution. ‘The statutes ofthe Philippines are found in the various enactment of the Philippine legislature since its creation in 1900, From the establishment’ of the Americm Civil Government in 1900 to 1995, there were 4275 laws known as ‘Acts passed by the Philippine Commission and its ticameral 80_| AGUDE To PHUPPRE LEGAL NEORUATION period witnessed the enactment of 733 statutes known as Commonwealth Acts, while 6,635 Republic Acts were legislated from July 4, 1946 to September 21,1972 when martial law was imposed, Law promulgated by the Batasang Pambansa is referred as Batas Pambansa, There were a total of 891 Balas Pambansa passed by both the Interim and the Regular Batasang ‘Pambansa. The bicameral Congress that fellowed passed their ‘enactment beginning with Republic Act No. 6636 which was a ‘continuation of the law enacted by the previous Congress before martial law. The has as its latest enactment, Republic Act No, 10593 dated May 29, 013 ~ An Act Providing for the Regulation of the Cutting of Coconut Tees, Its Replenishment, Providing Penalties Therefor, And For Other Purposes, Amending the Coconut Preservation Act of 195. Statutes may elther be public or private. A public statute is one which affects the public at large or the whole ‘community, A private statute is one which applies only to a ‘specifi person or subject. But whether a statute is public or ‘Private depends on substance rather than on form. Public statutes maybe classified into general, special and local laws. A general law is one which applies to the whole state and operates throughout the state allke upon all the people or all of a class Its one which embraces a class of Subjects or places and does not omit any subject or place naturally belonging to such class. A special law is one which relates to particular person or thing of a class or to a particular community, individual or thing. A local law is one whose ‘operation is confined toa specific place or locality. According to its duration, a statute may be permanent ‘or temporary. A. permanent statute is one whose operation is| rot limited’ induration but continues until repealed. A temporary statute isa statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases thnon the hannenine ofan event Compre Vi STATUTE LAW | 81 In respect to thee applicton, statutes may be prospective of retroactive. They may also, Be accordingly %0 {heir operation, declaratory, curative, mandatory, directory Substantive, remedial end penal In respect to hee forms they may bealfimative or negative. “The offical repository of laws passed by Congress isthe Oficiat Gazete, published by the Bureau of Printing, now the National Printing Office, since the start of the American Regime, At recent newspapers of general circulation are official repositories f laws by virtue of Executive Order No. 200, 8. 1986." ‘The other official repositories of statutes are: for Acts passed by the Philippine Commission and Philippine Legislature, « publication by the Bureau of Printing, called Public Laws, volumes 1 to $1, with English and Spanish ‘editions; two volumes of Public Laws contained Commonwealth Act Nos, 1-412. The features of the compilation are the sameas the previous publication on public laws except that this one has a General Index: the Bureau of Printing also published Republic Act in Laws and Resolutions in a series of ‘volumes containing Republic Act Nos. 1 to 6635; for the Batas| Pambansa, the official repository is the Acts & Resolutions by ‘the Batasang Pambansa. In addition to theofficial collections mentioned above, there are several private editions of compilation of statutes such as: Philippine Annotated Laws (PAL) published by the Lawyers’ Ccoperative Publishing Co, in 2¢ volumes. with pocket paris The compilation consists of all Acts of the Philippine Legislatures of a general and permanent in nature and in-force as of January 1956. The Acts are compiled in the llphabetical order of given titles. This publication, however, thas been discontinued in 1963; Commonwealth Acts Annotated, by. Prof. Salpicio Guevara, in seven volumes, contain permanent statutes from Public Act No.l to Public Act No 2499 while the Philippine Permanent and General Statutes, a UP. 82_| AGUIDE To PrLPPIE LEGAL INFORMATION Law Center publication in seven volumes is a compilation of al, ‘existing permanent and general statues from Acts to Kepublic ‘Acts and some Presidential Decrees issued during martial law, Below isa summary of enactments by the Philippine Legislature. LEGISLATION IN THE PHILIPPINES (1900-2012), ‘NONE reniop | LEGISLATIVE NAMBOF OF ‘AUTHORITY statutes | sraTures Pilipine Connsion 15001988 | Phiippine AsemBy, | Acts ozs PippineLagiatre “wosisn Nina Asenbiy, | Coasoaweaits | te Tee Republic Aas as ‘ares a President 19721586 | Lagltor under 2006 Maral Law eee Bat Pambarse(978- | BataPambansa | sot is Present Agu spesssey | teagan oe ase | tae | Brcutve Orden cont ETO BRED. | concress rerosucacts | 3687 In legal research, it is also important that the deliberation in the passage of a bill be ascertained. Below isa chart on How A Bill Becomes A Law, This is called the legislative history. It is important because legislation is ‘sometimes ambiguous and contains omissions which are best Clarified through the law's legislative history. Tt is often ‘necessary to ascertain the intent ofthe lgisatve body when it ‘passed the legislation, Legislative history includes sponsorship speeches, legislative hearings, debetes and reports and earlier

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