ENACTMENT OF STATUTES
Statutory Construction
Chapter 1: Statutes
Law - rule of conduct formulated and made
obligatory by legitimate power of state.
Statue - 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.
CLASSIFICATION OF STATUTES
I. According to Scope
1. PUBLIC - affects the public at large or
the whole community
a. General - applies to whole state
b. Special - relates to particular
persons, things, class, community
c. Local - operation is confined to a
specific place or locality
2. PRIVATE - applies to a specific person
or subject
II. According to Operation
1. Remedial - provides for remedy
2. Curative - provides for mistake in text
3. Substantive - rights of individual
4. Penal - provides for punishment
III. According to Nature
1. Mandatory - requires compliance
2. Prohibitory - restrictive
IV. According to Application
1. Prospective - effective in future
2. Retroactive - applied to past
V. According to Duration
1. Permanent - continuous until repealed
2. Te m p o r a r y - d e s i g n e d t o m e e t
emergency, ends upon cessation of
emergency
VI. According to Form
1. Repealing/Negative - nullifies and
replaces
2. Amendatory/Affirmative - revises
portion
How a Bill is enacted into Law
Art. VI sec. 1 (1987 Constitution)
- Legislative power is vested in the
Congress of the Philippines (Senate &
House of Representatives)
Legislative Power - the power to make, alter
and repeal laws.
Bill - proposed legislative measure introduced
by member/s of Congress for enactment.
STEPS:
I. Bill is signed by author/s
II. Filed with the Secretary of the House
- may originate either from Upper or
Lower House, except: (exclusive in
HoR)
A. Appropriations
B. Revenue or Tariff
C. Authorizing increase or public debt
D. Local application
E. Private
III. First reading. Report of Bill, reading of
title and referral to appropriate committee
for study.
IV. Second reading. Read in full, discussion
and debate.
V. Third reading. Final vote, no amendments
and printed copies are delivered to
members, 3 days before third reading.
VI. Transmitted to the other House for
concurrence.
VII. Dispute on amendments between two
Houses will be settled by Conference
Committee of both chambers.
VIII. Authenticated or signed by the Senate
President and Speaker of the House; and
certified by respective secretaries of both.
IX. Transmitted to President for approval or
veto.
Becomes a Law when:
1. President signs
2. President does not sign nor communicate
veto of Bill within 30 days after receipt.
3. Vetoed Bill is re-passed by Congress with
the concurrence of 2/3 of all members,
each House voting separately.
Note: President's veto power is for the Bill as a
whole and not to specific provisions.
Enrolled Bill - passed by Congress,
authenticated by Senate President and
Speaker of the House, certified by respective
secretaries and approved by President.
Journal Entry - records of proceeding required
by the Constitution. -Art VI Sec16(4)
Enrolled Bill v. Journal Entry
- enrolled bill prevails unless authenticity is
withdrawn.
Enrolled Bill Doctrine
Principle that once a bill is enrolled, courts
assume that all Rules in the enactment
process were properly followed. (Conclusive)
PARTS OF STATUTE
1. Preamble
- introductory statement of purpose and
reason. Used more in EO's & PD's.
Legislature uses explanatory note.
2. Title of statute
"one title-one subject" rule.
Sec. 26(1) Art. VI 1987 Constitution:
"Every bill passed by Congress shall
embrace only one subject which shall
be expressed in the title thereof."
- Bill is not required to be an index to
cover every single detail, indicating
general subject that reasonably
covers all the provision is sufficient
compliance (for liberal construction)
- Refrain from conglomeration of
heterogeneous subjects (omnibus
bills)
purpose:
(a) prohibit duplicity of constitution
(b) prevent hodgepodge or log-rolling
(c) prevent surprise or fraud
(d) fairly apprise the people
(e) precludes riders (surreptitious or
unconsidered provision NOT germane
to the subject matter)
(f) guide to ascertain legislative intent as
to scope and limitation
3. Enacting Clause
-written immediately after the title.
States by which authority is the act
enacted.
Authorities:
(a) Public Act - Philippine Commission
(1901-1935)
(b) C o m m o n w e a l t h A c t - N a t i o n a l
Assembly (1936-1946)
(c) Republic Act - Congress of the Phils.
(1946-present)
(d) B a t a s P a m b a n s a - B a t a s a n g
Pambansa
(e) Presidential Decree/Executive Order -
president
Note: legislative power of local government
units are enacted as ordinances: Barangay
(Sangguniang Barangay), Municipal
(Sangguniang Bayan), City (Sangguniang
Panlungsod)
*upon submission of Barangay either to Municipal or City
and no action/veto after 30 days, will be deemed
approved. Municipal/City to respective mayors, 10 days,
but may be override by 2/3 votes of all members.
Municipal, after approval of mayor, shall be submitted to
City for review. City may approve in part or as a whole.
No action/veto in 30 days, will be deemed approved.
4. Purview or body of statute
- provides the law or act that is divided
into sections.
Contains: (TPASST)
Title
Policy section
Administrative section
Standards of conduct
Sanctions for violation
Transitory provision
5. Provisos
- Implies a condition
6. Exceptions
- Exempts absolutely from operation
7. Separability clause
- separates provisions that if any is
declared invalid, the remainder shall
not be affected.
8. Repealing clause
- expressly repeal a previous law
9. Effectivity clause
- when the law takes effect, specific
date or 15 days from publication in the
Official Gazette or any newspaper of
general circulation.
Chapter 2: Construction &
Interpretation
Construction - is the art and process of
discovering the meaning and intention of the
authors of the law. It is the drawing of
warranted conclusions.
Interpretation - art of finding the true
meaning and sense of any form of word.
Purpose: ascertain and enforce legislative
intent by determining the purpose and object
of the law.

Legislative intent - vital part, essence of law,
the spirit which gives life to legislative
enactment. The purpose and meaning of law.
Legislative purpose - the reason why a
particular statute was enacted, the ends that
the law wants to achieve.
LIMITATIONS ON POWER TO CONSTRUE
1. Courts may not enlarge nor restrict
statutes.
2. Courts shall not be influenced by questions
of wisdom. (Political questions)

Note: Construing also determines whether the

language used sufficiently expresses the Chapter 3: Aids to Construction
meaning. Legal act originates from intention
and perfected by expression.
Intrinsic Aids - found in the printed page.
Basic Canon of Statutory Construction:
a. Title
Structuralism. Legislative intent is extracted
b. Preamble - WHEREAS clause
from the statute as a whole and not from
c. Punctuation
isolated part.
d. Headings and Marginal Notes - index
Textualism. When statutes are not obscure or
e. Statutory Definition and Interpretative
ambiguous, meaning and intention is
Clauses
determined from the language employed.
f. Provisos
Originalism. Statue as a a whole fails to
g. Lingual text - statutes originally in
indicate intent because of ambiguity, courts
English/Spanish/Filipino, "English"
look beyond the statute such as legislative
governs. Unless there's ambiguity,
history.
Spanish may be consulted. Statues
translated to other language, that
POWER TO CONSTRUE
language prevails.
Judiciary - has the duty and power to
construe a statute. The Supreme Court is the
Note: intrinsic canons: (structuralism)
final arbiter that construes controversies ripe
Noscitur a Sociis
for judicial resolution. (Justice Marshall
Ehusdem Generis
"Marbury v Madison")
Reddendo Singula Singulis
-Art. VIII Sec 1 of 1987 Constitution
Doctrine of last antecedent
> Construe only when there's ambiguity or
Extrinsic Aids - extraneous facts and
when statue is susceptible to more than one
circumstances outside the printed page.
interpretation.
a. Legislative History
No ambiguity, law applies maxims: verba
b. Contemporaneous or Practical
legis; and dura lex sed lex
Construction - strongest in law
because it is the construction given by
> Judicial Rulings (Jurisprudence) forms part
legislature, executive or administrative
of the laws of the land, thus shall have no
o f fi c e r w h o a r e c o m p e t e n t ,
retroactive effect.
experienced, and has expertise and
informed judgement of the law.
> Supreme Court as final arbiter is the only
Frequently the drafters of the statute.
one who can amend or overrule previous
c. Long Uniform Construction
ruling. Legislative cannot alter Rulings, their
d. Policy and Common Law Principles -
remedy is to repeal statue with which the
Art. II of Constitution
Ruling was based on. In turn, court cannot
e. Decisions from Other Jurisdiction -
legislate but can issue guidelines in
jurisprudence/doctrines
jurisprudence.
Note: stare decisis - doctrine; obiter dictum -
> Supreme Court en banc can modify or
separate opinions, does not fall into doctrines.

abandon or reverse a doctrine (stare decisis)
or principle of law. Art. VIII Sec.4(3)

C h a p t e r 4 : A d h e re n c e t o o r
Departure from Language
I. Adherence
Maxim: index animi sermo - speech is the
index of intention.
1. Verba Legis - plain meaning rule
2. Dura lex sed lex - harsh law is still the law
II. Departure
Maxim: ratio legis - interpretation according to
the spirit of the law.
1. Law ceases when reason of the law
ceases. - cessante ratione legis, cessant et
ipsa lex
2. Correction of clerical error
3. Construction to avoid absurdity
4. Construction in favor of right and justice -
fiat justicia, ruat coelem
5. Doctrine of necessary implication - ex
necessilate legis
Note: doctrine of necessary implication is to
avoid absurdity and injustice. Consonant with
canon exceptio firmat regulim in cassibus non
exceptis - what is not included in exception is
impliedly included in scope.
Use logic when opposed with canons:
>Expression unius est exclusio alterius -
express mention implies exclusion of all others
>Casus omissus - word omitted is intentionally
excluded
Chapter 5: Interpretation of Words
and Phrases
General Rule: Statutory Definition control the
meaning of statutory words.
Word or phrase may have an ordinary,
generic; restricted, technical, legal;
commercial or trade meaning.
I. UBI LEX NON DISTINGUIT NEC NOS
DISTINGUIT DEBEMOS
When the law does not distinguish, the court
should not distinguish
Associated Words:
II. NOSCITUR A SOCIIS
When word or phrase is ambiguous, consider
the company of words in which it is found or
which it associates with.
III. EJUSDEM GENERIS
Same kind or specie. General follows the
enumeration of particular. Purpose is to give
effect to both general and particular and to
indicate class and the general words as
indicating all that is embraced in said class
although not specifically named by the
particular words.
IV. REDDENDO SINGULA SINGULIS
Referring each to each.
V. DOCTRINE OF LAST ANTECEDENT
Word or phrase is associated with the
immediate antecedent or word/phrase
previously stated.
Disjunctive and Conjunctive Words:
VI. AND/OR
And - all is required, may act as "or"
Or - expresses condition or indicates
alternative, cannot act as "and"
VII. SHALL, MUST, MAY
Shall - directive to express what is mandatory
Must - requires and compels
May - permissive, expresses possibility or
probability.
VIII.EXPRESSION UNIUS EST EXCLUSIO
ALTERIUS
Express mention implies exclusion of all others
IX. CASUS OMISSUS
Word omitted is intentionally excluded
X. E X C E P T I O F I R M AT R E G U L I M I N
CASIBUS NON EXCEPTIS
What is not included in exception is impliedly
included in scope
XI. PROVISOS
Implies condition, PROVIDED clause