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    GABRIEL CONCEPCION

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    STATUTORY CONSTRUCTION By RUBEN E. AGPALO AB, BS, ULB. UP); Formerly Assistant Solicitor Gener and (Commissioner ofthe Commission on Elcions; “Bar Examiner in Criminal Low (198%), Author: The Law of Public Offer (2002 Bd) ‘Agpal'sLegol Words and Phrases (2008 a: ‘Legal and Judicial Evhce (2002 84) Handbook on Cul Procedure (2001 Bd Handbook on Criminal Procedure (2001 Bd Comment on the Omnibus Eletion Code (1998 2); Philippine Administrative Law (1999 Bd) ‘The Law on Trademark, Infringement end Unfeir Competition (2000 Ea); (Comments onthe Code of Professional Responsibility ‘andthe Cade of Judicial Conduct (2001 Bd Comments onthe Corporation Code (2001 Ba); ‘The Code of Professional Responsbty for Lawyers (1991 Ed) Trademark Law and Practice 1990 Bd; and ‘The Law on Elections (1957 Ba) Private Lae Procitioner SOCHH'EDITION 2009 Chapter | STATUTES ALIN GENERAL LOL Laws, generally. Law in ita jural and generic sense refers tothe whole body or ‘Dxtem of law. In ita jural and concrete sense, law measa # oes of Sanduct formulated and made obligatory by legitimate power ot en Fate lt includes statutes enacted by the legislature, presdentny Gecroes and executive orders issued by the President inthe oo ef hs legislative power, other presidential issuances inthe scenes The incTiinance power, rulings ofthe Supreme Court constecing the law, rules and regulations promulgated by adminisnaee Sxecutive officers pursuant to a delegated power, and ordineccc, assed by sanggunians of local government este, 1.02, Statutes, generally. sislative power during the period of martial law under the 1973 Constitution" and exootiee "Loawepv Misiatr of Piaace, 118 SCRA 618 (1982) Garcia Padle y, Ponce Fre UGG NH 6188, Api2, 189; Aquino. Commun en Eetions OF Sena are cb18). 2 ‘staTUTONY consTmUCTION ers issued by the Prosidentin the execs of his legisative power string the revolutionary prt under the Presa ene Statutes may tbr be pablicor private. A public staat noe hich afota the publica lane or the whale comment Ronee ftatute is ne which applies ony to «specie perso ager ee hetherestaate ia public or private dopendh on ree ee an on frm, Public statutes may be classified into general, special and local laws, A general law is one which applica to the whole vine sot operates throughout the state alike upon all the people or ll of @ «lass. It is one which embraces a class of subjects cr places and dase not omit any subject or place naturally Belonging to such clases A special law is one which relates to particular persons or things of« lass o toa particular community, individual or thing" A local law {sone whose operation is confined to epecifie place or locally, A ‘municipal ordinance isan example ofa local law 1.03. Permanent and temporary statutes. According to its duration, a statute may be permanent or temporary. A permanent statutcisone whose operation isnot limited in duration but continues until repealed. It does not terminate by the lapse ofa fixed period or by the occurrence of an event, Neither disuse nor eustom or practice to the contrary operates to render it ineffective or inoperative.’ A temporary statute isa statute whose duration isfora limited period of time fied inthe statute itself or whose life ceases upon the happening of an event, Where a statute provides that it shall be in force for a definite period, it terminates at the end of such peried.* Where a statute is designed to meet an emergency, it ends upon the cessation of such emergency. Since an emergency is by nature temporary in character, so must the statute intended to mect ibe. FTPs Ni 3, a2, 108, nr rene aun eploe Paina OH Ne fis beten a OT WSCA TO. ‘tle Rus opm 2. sve aus ‘Fone Pala opr ‘Erin Gian, GR, No, 9274, Febuary 16, 674,55 SCRA 83 ame. ‘A.limitin time to tide oer « pase ‘ay not be upheld asa permanente 1.04, Other clanes of statutes, In respect to thei application, statutes may be prospective gr toate, They may also be, scoring wo ther oot, declaratory, curative, mandatory, directory, submantoe, eens sod penal. In respect to their forma, they tay be aftreatg negative 1106, Manner of referring to statutes, Statutes passed by the legislature are consecutively mbered and identified by the respective authorities tat taactl ines ‘Statutes passed by the Philippine Commission and the Pulppine Legislature from 1901 to 1938 areidentied aa Public Ata Th laws enacted during the Commonwealth from 1996 to 1846 are refered to-as Commonwealth Act, while those passed by the Congres of the Philippines from 1945 to 1972 and from 1981 under tie 1957 (Constitution are known as Republic Acts Laws promulgated by the Batasang Pambansa arereferredto a Batas Pabansa, Presdetial ecrees and executive orders issued by the President nthe exert of his legislative power are also serially numbered. Apart fom ts ‘serial number, a statute may also be refered to by ite fle, 3B, ENACTMENT OF STATUTES 108. Generaly. ‘The saps and actos taken ad word an language enplned te ean a tata ae import pars of legeise sary, Srhich are inortant sen asain lel its ne Inerprcation of enblguouspovon ef aw Hae, ey etary eastrction shuld bea with ow abilieacteinto ie Tiarrper Aa fthe Ph. Mail Bord et Mana, CH No 258 ‘Aug Hah 2 SORA 86 a [STATUTORY CONSTRUCTION 107. Legialative power of Congress. sei ta Al Uo he Consutn provides tat the cgltive power ahal be vst nth Congress a he Ponopnes which shell cna of Sento nd one a Repeease sx the en er no th prion a initiative and referendum." Leilative ower is the power aen alter and repeal lawa" ee ar Legislative power is “the authority, under the Constitution, to make laws, and to alter and repeal them.” The Constitution, as the will of the people in their orginal, sovereign and unlimited {apacty, has vested this power in the Congress of the Philippines, ‘The grant of legislative power to Congress ie brotd, general and comprehensive. Th legislative body possesses plenary power forall purposes of evil government. Any power, deemed tobe legislative by usage and tradition, is necessarily possessed by Congress, unlese the Constitution has lodged it elsewhere. In fine, except as limited bythe Constitution, either expressly or impliedly, legislative power ‘embraces all subjecta and extends to matters of general concern oF common interest Legislative power is vested in the Congress of the Philippines, consisting of a Senate and a House of Representatives, not in & particular chamber, but in both chambers. While the Constitution ‘Fequires thatthe initiative for fling revenue, tariff or tax bil, bills, ‘Suthorizing an increase of the public debt, private bills and bills of local application must come from the House of Representatives, the theory that, elected as they are from the distriets, the member of the House cam be expected 19 be more sensitive tothe local needs land problems, and Senators, who are elected at large, are expected to approach the same problem from Uhe national perspective, both ‘views on any ofthese aubjects are made to bear on the enactment of such lawe ‘The Constitution has explicitly provided that legislative power the power to enact laws; exccutive power, to exeeute the laws and judiial, to interpret and apply the laws. By physical arrangement of the articles on such powers, the legislative power a first and appears to be more extansive and broad than the executive and judicial powers, For without a lew, the executive has nothing to execute “Spin aoa Sa eae Becta fa 23 SRA 6201126) 2 teat at, . Rite Sodclary ha nothing to interpret and apply. Tha, thas ‘bean sid that the grant legate wera 73 Hate power mana x grat fo deve pie and prinipln ad tang roses echo, selentcting aso which there ned rears ena Smplement thm, Than, Sections I wb of Arce en hence oc Facing a il ‘reciting, and ey require enabling tive to lepers ee ‘Apr tro ths, a numberof wpe porn fe Contos ‘eure at the egatare na spec let fet Se {iat te tate at they be ect leslncoas The prvisin ofthe Canattio rier efexestog or nonslferrating Nonslfenesting prisons requ Conres ‘ut enabling legislations But venous wath select ‘ay net prevent Congress rom easing fre lave eal the ‘oosttonal provisos within thr esne, pore pono {heir violation and suply minor dete = 1.08, Procedural requirements in enacting a law, generally ‘The fundamental law preteriber the banc. procdaral requirements forthe pateage of bil nto law Ithas bees hela that ‘nil may be enacted into lw only inthe manner the Constitution ‘equires and in acordance with the proclure therein pronded= ‘Apart from the bei onatittionalreyuiremen:s, Congress proves {in detail the procedure by which bill may be enacted into lav. The deta prow it emboli the Rae of bth Houses of Congress, promulgated pursuant tothe constitutional mandate tmpowering ito determine ite rules of proceedings” Tntng1 P€8(1905 Marc. Man. 17 SCRA =~ ee tt cee SS cs an senate However, a law may not be declared unconstitutional when ‘what has bean violated in ite passage are merely internal rules of procedure af the House, n the absence of any vilaton of the Constitution or of the rights of an individual. Courts have no power to inquire into allegations that, in enacting a la, a Hows ‘of Congress failed ta comply with its own rules, in the absence of « ‘hovrng that there was a violation ofa conetittional provision or the rights of private individuals. Theso rule are aubject to revocation, modification or waiver at the please of the body adopting them ‘They are procedural, and with their observance the courts have no concern. They may be waived or disregarded by the legislative ‘body. The mere failure to conform Uo parliamentary usage will not ‘invalidate the action taken by the body when the requisite number of members has agreed toa particular measure. 1109. Steps in the passage of bill into law. [Abillis a proposed legislative measure introduced by a member cor members of Congress for enactment into law. Its signed by its ‘uthors) and filed with the Secretary of the House. It may originate from either the lower or upper House, except appropriation, revenue or tariff bill ills authorizing increase of public deb, bills of local Application, and private bills, which shall originate exclusively in the House of Representatives. 1) First and second readings of ills. ‘The Secretary reports the bil for first reading. First Reading consate of reading the number and title of the bill followed by its referralto the appropriate Committee for study and recommendation. ‘The Committee may hold public hearings on the proposed measure and submit) its report and recommendation for Calendar for Second reading. On Second Reading, the bill shall be read in full ‘vith the amendments proposed by the Committe, if any, unless Copies thereof are distributed and such reading is dispensed with, ‘Thereafter, the bil will be subject to debates, pertinent motions, and amendments, ARer the amendments shall have been acted tupon, the bill will be voted on second reading. A bill approved on ‘second reading ehall be included in the Calendar of bills for third Girryev De Veni 277 CRA 258 [19971 "Ar VL, Ge 24, 1987 Conan 2 rosin cata , ending. On third reading the bit ll be eubmited for 18 approved on second reading inal rote by yeas and nae, b) Third reading. Abilis approved by either House eadings. Section 2,2) Art Viren wt "Bae one thee 3) 72) No bil pmed by ether House sal bee aw alas it has passed three readings en eparie dap fe Printed cope thera ina Sal for have teen inte {ota Members thre daye before ta aang, ect when toe Prsdent ie the noni fisted cant eet publi clamiy or emergency Upon te lt ress abil. no amendment hereto ale alowed aod tase thereon shall be taken immediately Wereaeyand the eos tnd ay entered inthe Journal” ‘The Presidential certification, an sbove provided, dapenes wrth the requirement ot only of prating but ta hat eaing the bil on separta dae. The "unos datse sat be fead ‘elton tothe “except” daae beense the two are corinate Clauses of the ame sentence. In ther wrda, pone cereatien ofthe President ant the neces ofthe immediate nace {fo meet public calamity or emergency, the requranet f tree Teadings on separate days and of piting and datrbuton of ‘intdcopice thereof Ure days before ts passage canbe dispensed With Thin ie in aceordance with lepilatie practic, The fatal ‘ans of the Presidential certification fils may nat be ject to dial rovow, av it merely involves doing away with procedural requirements designed to sure that bila are dlyconsdered by ‘embers of Congrese™ ©) Conference committce reports. ‘The ill approvedon third reading by one House is transmitted to the other House for concurrence, which wil allow substantially the same route as abil originally fled with it. If the other House ‘approves the bil without amendment, the bl is passed by Congres ‘tnd the same willbe transmitted tothe President for appropriate ction. Ifthe other House introduces amendments and the House from which It originated doesnot agree wit said amendments, the Tice. Scary of Pina, 235 SORA 60 (1980 Aiterencs will bested by the Conference Commies chambers whose report or reommendntan thoes ata tote ppoved by bth House in oder that wil Secoeiend ed Be Congres and thereafter son othe Predent ones ‘The respective Rules of the Senate and the House provie for 4 conference committee. Generals, a conference committee i the ‘mechanism for compromising diferences between the Senate and the House inthe pasaage of bil into law. Homever its jurisdiction isnot limited to euch question. It has broader functions, Tt may deal generally with the subject matter. Occasionally, conference ‘committee may produce unexpected resulta beyond its mandate, ‘There is nothing in the Rules which limita a conference committee toa consideration of conflicting provisions. It is within its power to include in its report an entirely new provision that ir not found ‘ither in the House bill or in the Senate Bill™ The the reason why other politica scientists eal the conference committe «third body ofthe legislature. ‘The broader function of conference committe is described as follows: “A conference commits may de generally with the subj antter or # my be limited to resng the presi Siferense bebvee the brohoane Bren whee te serene Smet tne by rue hinted freon fetes Sart severely Hate tn fedom nth whch ew wobec ‘Stren fetserted tote cnerene il But encatneiy ‘oitrence commie produces unexpected ves, beyond fu bundate: Too excirsin our even wee he ries epee sl atone on onfeenc commits uration ‘lvls raplomate of the auhatarian pomer of conference comin or, thare may be thro () version filo eens il cviginming ma the ter Hose, Te at tht of te over Feces ccd i tn ofthe Senate andthe third hat of {holsherence commen 1th Hower approve he repo fhe onirene came adopting third verona heb, hen i GPR Tots Auecation Prado, 27 SCRA 79 [860 Toletn . Sere tans Sota ; tary ofan aire La and Prvce: fA Nuthl, 108 Bp; Pl ote Res Pte SEAT lathe ator dt th i doctrine of ented bil tat pore He that ‘before patag dee nt spy Cantos ‘he requirement refers ent ils introduce ene it ill intradace forth hs te {ihe eat of Congr, ot ohn confers es Sy mich report incudes new provisions which Rave not bees {Busderd or taken up by the Sete or the over Hon {seared ita he frees comaes pee Coat both House f Congress gun D Authentication of bill, ‘he lnwmaking proces in Congr enda when th Kl i ‘proved yn body. nth srr ac dere aly of the il Btre an aproved al esate ne {or hv consideration nee by the Cnincn’ oe es ‘thenteaed The mne oatheteton level se eet Uy the Speaker andthe Senta Presto be panchepy nk sppoved til ertsed bythe repeaters of he bth Huse, to into th Penn at teil bag rete a him hs ben daly approved by he elt nd ey fr sppovalorroecton™ ©) Presidents approval or veto, ‘The Constitution provides that “every bill passed by the Congress shall, before it becomes a ln, be presented to the President If he approves the same, he shall sgn i therwise, be ‘hall veto it and return the same with hs objections tothe House where it originated, whch shall ener the abjeetiona i it Journal ‘and proceed to rocouaer it If, after such reconsideration, tro {Bird fal te Member of uch Hoe sal see pass he bil it shall be sent, together withthe cbjeeuons, to the other House by which it aha likewise be reconsidered, and if approve by two ‘Hinds of all the Members of that House, t sal! bere a law. In ay Setar of Pann 238 SCRA 01900, has Secear Pao haan Ving SCRA THC. - STATUTORY consTHUCTION such ce, the voto af nh Hous shal be termined by eu nas, abd the area of he Mestre vung fa erage ea ‘ented nite douraal Pe President shal Serena hea {any bl tothe House where itorsinatedwidte eng arse the dat recip there oherite, shal became sane ne Ind signed = Jn oer word, abil pase by Congres become I in tither of then wap, Bate) when te Benoa agen ‘hen he Proident one ntsc no ommeanistabarerste within hry dae aftr he ees here and) when nested Ui is repaid by Congres by tro-thide vote fale Neston, ich Hote ing separtaly C. PARTS OF STATUTES 110. Statutes generally contain the following parts: 1. Preamble, ‘A preamble is a prefatory statement or explanation ora finding of facts, reiting the purpose, reason, or scasion for making the Jaw to which it ie prefixed." I is usually found after the enacting clause and before the body ofthe lav. The legislature seldom puts 8 preamble to-a statute it enacts into law. The reason for ths is that the statement embodying the purpose, reason, or oecasion for the ‘enactment of the law is contained in its explanatory note. However, Presidential decrees and executive orders generally have preambles apparently because, unlike statutes enacted by the legislature in ‘hich the members thereof expound on the purpose ofthe bill in its explanatory note or in the course of deliberations, no better place than in the preamble can the reason and purpose of the decree be stated, Preambles thus play an important role inthe construction of Presidential Decrees. 2. Title of statute. ‘The Constitution provides that “every bill passed by Congress shall embrace only one subject which shall be expressed inthe title Fee adav sumer 1779.72, aLa 20408) “pea Pain, SCRA 3 078 Pol sen! 95 SCRA 653 abject aint, Second, the tite ofthe hil sto be eouhed are sees ‘ufcent to notify the eislatory he inp a nat adh cand hw corn ©) Purposes of ttle requirement, The principal purpose of the emattutional require that Iegatra isto po day legase ty completa ala pprise th eglslnsr beatae Snes ‘cope and consequences of the law or ita provisions." In other words, ‘the aims of the constitutional requirement are: q fad upon the legislature, by means ef provisions in ils of hich the file gave no information, and which might thersfre be overlooked and carelessly and unintentionally adopted and third, to faily apprise the peopl, through rach publication of egilative proceedings ais usually made, of the subjects ofthe legislation that fr being heard theres, by petion otherwise hey shall 0 It has been held that the constitutional provision “is aimed sgainat the evils of the socalled omnibus bils and log-oling legislation as well as sureptitious or unsonsidered enactment Where the subject of abil is Limited toa partiular matter, the lawmakers along with the people should be informed of the subject of proposed legislative measures. This eonsitotinal provision Sse Beh Ar VL sigan Spin PA (900 Pa etn a es sss ee manta Se Se ESE Tac er nnn fre Fata Sune ca Sum Dame Oo oa tarvtoRy constmvcmon: ‘The title of the bill is not required to be an index tothe body ofthe act, or to be comprehensive as to cover every single detect the measure. It bas been held that ifthe tile faviy bedcetes He, ‘general subject, and reasonably covers all the provisions ofthe ace ‘and is not calculated to mislead the legislature or the people, thers ‘is sufficient compliance with the constitutional requirements? ‘The “one title-one mubject” rule does not require the Congress ‘to employ in the title ofthe enactment, language of such precision 8 to mirror, fully index or catalogue al the contents and the minute details therein. The rule is sufficiently complied with ifthe tile is comprehensive enough as to include the general object which the statute seeks to effect and where the personainterested ae informed ‘or the nature, scope and consequences ofthe proposed law and its ‘operation. The Court has invariably adopted a liberal rather than, technical construction of the rule so as not to cripple or impeded legislation Where a law amends a section or part of a statte, it suffices if reference be made tothe legislation ta be amended, there being no need to state the precise nature of the amendment. 8) Subject of repeal of statute, ‘The repeal ofa statute on a given subject is properly connected sith the glock mater of new sata on the same ajc and therefore repealing section in the new statute is valid, notwithstanding that the ttle is silent on the subject. It would be difficult to conceive of a matter more germane to an act and to Sittngen Ne, 2 soa 172, 17911968, ‘Governmeatv Manipal of Bnangoan, $2 Pai 654 (1018) ‘PL degen huocation Pra, 227 SORA 70 (183) Camaling dr. Gamal 368 SCRA 4892001. Alaayan NPC, 24 SCRA 172, 1791008) © How requirement of tte construed. Te contttional requirement as to Healy construed Itshouldnetbe givens tes Sl be Neral bo aronty ce ee ee the Dower of legialation = Where tere dey gor Pee @) When requirement not applicable, The requirement that bill shell embrace only ene subject Which shall be expressed in its title was embodied in the Iaas (Constitution and reenaced inthe 1973 and 1987 Conatittions The ‘requirement apples only to bills which may thereafter be ented oa a Dae ecintion Prd, 29 SRA 4180 ging Cay Co stagnant p 3 “Peo Buen 47 Pi 96 (1284 Aaya, Natl Pres Cap, 24 S0RA aiibst jv Cand, SRA (ET Aa 279A 904 ‘Taare Ca. Court Tax Area 104 SRA 710 (1881, ‘Tieton Scary o Pen, 86 SCRA 0) a [SrArvTORY constHUICTION tnt tae 1 dona nt appt as the 1988 Conattaton tk ee i force and existing atthe time &) Effect of insufficiency of title, A statute whose title does not conform to the constitutional requirement ot isnot related in any manner to ite aubject i null, and void Where, however, the subject matter ofa rtatate fe not sufficiently expressed in it tile, only so much ofthe subject matter {a is notexpresoed therein is void leaving the retin force" unless the invalid provisions are inseparable from the others, in which ease the nullity ofthe former vitites the latter. 3. Bnacting clause. ‘The enacting clatsn is that part ofa statute written immediately ‘after the tle thereof which stats the authority by which the at is ‘enacted, Laws passed by the Philippine Commission contain this ‘acting clause: “By authority ofthe President ofthe United States, be it enacted by the United States Philippine Commission." The enacting clause of statutes enacted by the Philippine Legislature States: “By authority of the United State, be it enacted by the Philippine Legislature.” When the Philippine Legislature became bicameral, lawe ennctod byt have thie enacting clause:“Be tenacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by authority of the same.” During the Commenwealth the enacting clause of statutes is: “Be it enacted by the National Assembly ofthe Philippines,” which was later changed tor *Be it enacted by the Senate and House of Representatives jm Congrese assembled,” when the assembly became bicameral ‘The latter enacting clause ie also the enacting clause used by the Congress from 1846 to 1972 and from 1987 up to the present. ‘The enacting clause adopted by the Batasang Pambansa is “Be it cnacted by the Batasang Pambanca in session assembled.” On the ‘ther hand, the enacting clause of Presidential decrees is worded Substantially ex follows: "NOW THEREFORE, 1, President of the Philippines, by virtue of the powers in me by the Constitution, do hereby decree as fllows:” Executive Order irplay Valens, 101 Pri 6211957 TeeP Gdaniauen hen. ne + Ciena, 18 SCRA 471968 Dela Cr. Pare, 18 SCRA 600 (1089). ai Berrge 100 U.S. 447,25 Lo 46 (16812 ‘mre Cunanan, 94 Pal 841554) crue Bae fssued by the President inthe exec han thi enacting dau: "Now: Sceaea t Mestve power ‘ay thi enacting claw: "Now, chert " 4. Purview or body of statute. “he purview a by saat what part whieh ‘he li aaa Te fy a sate shal eure ayo subjeet matter. The constitutional requirement thet a bal sould Fave onl one wbje mata which sbeuldbe exprenedin tates iad wer he rn hr oo eer ee hy inay be, ae ainda grane tothe ages a paren of Se biloregsivey ited where the pov are nt Seok sth bot im frtheranso oe ing sec ater ‘The lgislatve practice in writing a state ie to divide an act ‘nt sections each of whieh a numbered end containe aang prop: ‘sition. A complex and comprehensive pice of legilation sally ‘contains, inthis sequence, «short tie, a pole section, definition Section, administrative section, sections prescribing wancards of Conduct, setion imposing sanctions for violation of te provisions, transitory provision, separability clause, repealing eause, and ef ‘ectvity aus, 5. Separability clause. : ‘Aeparability clause ie that part of statue which states that ‘if any provision ofthe act is declared Invalid the remainder shall rot be affected thereby. Iti a legislative expression of intent that the ality of one provision shal not invalidate the other provisions ofthe act Such a clause isnot, however, controling and the courts ray, in spit of i invalidate the whole statute where what i le, ter the void par, is not complete and workable The presumption is that the legislature intended a statute tobe effective asa whole tnd would not have pased it hd it foreseen that some part fii Invalid. Te effect ofa separability cause ito creat in the place of such presumption the opposite one of separability." aren Ssan, 75Pa 95 (1947 zl Glen, 9424 5, aL 6770857, CNUIESI Sand obs, 2758.28, 78 ed 207 | | 6 Repeating Clause ‘The effectivity clase isthe 7 . vy Provision when thelaw takes effect Usually, the provision as tothe cffetiviy ofthe law rates that 1 shall take effect 18 days from publication in the Ofteial Gasetee ot ‘ma newspaper of general circulation 1.11, Meaning of cartain bills originating from lower House. ‘The procedure forthe enactment of ordinary bills applies to the enactment of appropriations and revenue measures, However, ‘they can only originate from the lower House, but the Senate may propose or concur with amendments, “Section 24, All appropriation, revenue or tai bil, bile ‘tuthorising increase othe public debt, bill foal application, dnd private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.” ‘The above provision means thatthe initiative for fling revenue, tariff, or tax bils, bills authorizing an inerease of the public deb, private bils and bills of oa! application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more {encitive to the local needs ond problems. On the other hand, the Senators, who are elected at large, are expected to approach the same probleme from the national perspective, Both views are thereby nade to bear on the enactment of such law. bill originating in the house may undergo such extensive changes in the Senate, with its power to propose or concur with amendments, that the result may bea rewriting ofthe whele. The constitutional provision does not prohibit the filing in the Senate of substitute bill in anticipation of {ts receipt ofthe bill from the House, so long as action by the Senate Bitar CA, 361 Soma 4 (2008, «DA mete Snime o comarca bt a at rene si acre revi ay sr oe result im the writing of «dato b {hot which originated fron the bo 'n ay parila chamber bat nthe Cngren othe Potense Consating ofthe Senate tnd the Howe of Regreseenee conaitatona provision proving tht reence bl wea Grignate ecunvely inthe lone House nerely Seta Sata inate fir ling reno ti oa ie sata Sncreae ofthe pale dt, private bland ils fe apps ‘mor come trom the Hous of Representing 4.12, Enactment of budget and appropriations law. ‘The budget proces consists of four major ghases,aamely Buaget Preparation, Budget Authoraten, Bagget Execten tc Basiget Accountablity. Aer approval ofthe “proposed badge” by the Department of Budget and Management, te sme i vabsted tw Congrese for evaluation and iodusion ip the approprasens law ‘A general appropriation bill i «spacial type of lepelatin, ‘whose content is Limited to specified sume of money dediated to “pecfc purposes ora separate Saal unit. Inberent inthe power ef “appropriation is the power ta specify how the money shall be spent Hence, only provisions which Congres ean include in an apropnia: ‘ton bil are thaee whieh relate spetcally to same partis appro ton therein and be limited ints operation 1 he Item to which it relatea™ i stro an 285 SCRA 01 TAS ca ete Aint COA OR No. 441, 15-20 cna Action: argu, 23 SCRASGSUSEC. a st1r70 conan The enactment of. nsTg a0 appropeation bil flows thew Fiesty ordinary bill goes through in its enact ue seat 148, Restrictions in passage of budget or revenue bills Revenue or appropriations bill are subject to th fllowing ‘petrietions or qualifiations.as provided in Section 26 of Arie Vi 1,_ Budget preparation by the President an conron, =o Conaress tay teense the apopintcn recommended by the President forthe operaiian of Goverment © spoaiied in the budget. ‘The form, content, and tanner af ‘reparation ofthe budge shall bo presoribed by law Under the Constitution. the spending power known a6 the “power ofthe purse” belongs to Congress, subject only to the veto ‘power ofthe President. The President may propose the budget, but the final say on the matter of appropriations ls lodged in Congress, ‘The power of appropriation carries with it the power to specify the projector activity tobe funded under the appropriation lw Tecan be ‘2 detailed and as broad as Congress wants it tobe, The Countrywide Development Fund forms par of the power of appropriation ‘The budget preparation is prescribed in Book VI, entitled [National Government Budgeting, of the 1987 Administrative Code, particularly Chapter 8, on “Budget Preparation” 2 Each provision must relate specifically to particular appropriation. —*No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically ta some particular appropriation therein. Any such provision or enactment hall be limited in ite operation to the appropriation to which i relates ‘This retrition precludes the Congress from including in the appropriations bill what is known as “inappropriate provisions. Ie has been held that Congress may include special provisions ‘conditions to items which cannot be vetoed separately from the lems to which they relate so long as they are “appropriate” in the NT carte. pnigr. 28 SCRA 6194 Tee sho cfr Bate . ‘antary senna. Other provisions cha cadnee lows provision which grnta Gone Ue poet eae Eero wera apron dpa eerpence shih denies the President th nent toner ot sede te Spending fre prs em er previo, cane pose leglation, and pel ners rovitonn ahold nto Inthe appropriation il Thee aresapropeain rover: seh cn be idee a anand wih te Pres may vay Any provision therein which is intended to amend another Elealy these Kinds of laws have no place in an appropriations bl ‘Thus, nereasing or decreasing the internal revenue alates of ‘the LGUs or medtying thelr percentage sharing therein, wih fre eed in the Local Government Code of 100, are maiers of feneral and eubetantive lew. To permit Congress co enderake {hace amendment through the GAAs would be to give Congress the ‘riled authority to unduly infenge the seal autonomy of the LGUs, an thas pul the same in jeopardy every yar. Ths cannot be netioned bythe Cour. Neither may Congress inside inthe appropriation Bll provi sions which restrict the facl autonomy of the Judiciary, the Ci Servie Commission, the Commision on Elections, the Comission fn Audit andthe Office ofthe Ombudsman. Peal autonomy co emplates a gunraree of fll exiity to allocate and wine thei eaves withthe wisdom and dispatch that their needs requir. Fecal avtonomy means freedom fom outside cote. The impo {ion ofenricions and constraint onthe manner the independent ersatutionl ofces allocate and wtlive the fads apropriated for ‘hurr operations ie anathema to scl autonomy and vnates not SA (the express mandate ofthe Constitution but espe Sovards the Supreme Cpu (ofthe independence and separation of Teeter upon which the entre fabric ofthe constitutional system it based apa Geetin Assit Eig 295 SCRA 1082 ‘Prva of atang aml May 31 308 CROSSE Dae soo scna 1802. oo a ised 10 pprovng appr Prtedare aeration re Corman — and ageneieg se "8 @ppropriations fae get 4 som SPM eR prea and shall be suppor gee th Darn fr wee the National Binds actual Proposal therein =e The procedure riety Flow the he other departments "A special intended, ily vale ay cored "ase by eomenpontig teens ‘The officials expressly enumerated in the constitutional provision are authorized to realign savings to augment any item in the general appropriations lave within their respective offices, The appropriation law itelf may contain provision authorizing them to Pursuant to the foregoing constitutional provision, the Senate President and the Speaker are authorized to realign savings ‘as appropriated. While individual members may determine the necessity of realignment of savings in the allocations of theit ‘operating expenses the finalsay on the matter ielodgedin the Senate President or the Speaker, as the case may be, who should give his approval when two requirements are met: (1) the funds tobe realized oF transferred are actually savings inthe items of expenditures from which the same are to be taken; and (2) the transfer or realignment is for the purpose of augmenting the items of expenditures to which transfer or realigament isto be made Tee BST Art tnd. poverty ‘Pi Asta, Ine td SO corer Bat * = ype mention of the named effin precades the ‘rantng oer cficiaa to (reine) sae {heir reapective for relee) wings fom 8, Dincrtonary funds sequremenia: — “Darton {ands soropiatd fer paral oie alloc deel ai i ppeos tobe supported by eprops {ouch gelesen maybe pentoed oy nw 1. Automatic reenacinant of boget. ~ “by the ond ‘fay Socal year the Congr shall Have fed ts pace Se ing fal year, the genera, epopriatins iw for the preciing Be ear tate Senet ‘enated an shall ras ee and ea eels eed "SSprpsations il spose bythe Congese™= 8. Bev wo power, — "The Pret hal ave te ower to velo any perticlar tess or itm In an appropnsion Fevenus or tar bat the vat hal alee oe fee es torwhich he dons not eject ‘The President may veto not only any particular item, but also ‘any “inappropriate” provisions in the tll An tem ina il refers to the particulars, the details, the distinc and several parts ofthe Dil. Its an indivisible sum dedicated toa tated purpose. Aa tem in an appropriation bil means an item which intelli specie appropriation of money, not some general provision of law, which happens tobe put into an appropriation Bill ‘The Constittion provides that the "President shall have the power to veto any particular item or items in an appropriation, eve or rf il ut the ao hl ntfs he em ens ta which he does nat object "The power to disapprove any item or ‘tema in an appropriation bill doesnot grant the authority to veto f par ofan item and to approve the remaining portion ofthe sare item. He either has to disapprove the whole item or nt at all™ and wet =e me a6 Ae sennae TRS Shinn sens nim Osu Maroy, 191 SCRA san "Se 8 Ar “eager 9 SORA 190082 “staruroey cosstmvcrIon 8 _Heptetndsate Ch rent aN smatgatgtbe teay ecnply Mmen ht he rovison halo seeps rth ert st ray She fit at only Cong cane ee heer {andy he penge afc eechen emma Shout poner fw spore ule een a pale pup, Theft w wher in ee aca rene pableinretaas ope cee ne indian tages ee 10. No public money or property fr rligious purposes. — No Dublic money or property shall be appropristed, applied, paid, ot employed, dretly or indirect, fr the use, benef, or support of any sect, church, denomination sectarian ineiuticn, or secon of eligion. or of any priest, preacher, minister, other religious teacher, ‘or igmitary as such, exzept when sich press, preacher, minster |

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