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StatCon Notes
StatCon Notes
Enactment of Statutes
A. Legislative power is the power to make, alter, and repeal laws.
a. Under the 1973 and freedon constitution, the president execised legislative power
which remained valid until repealed.
b. LGU can enact ordinances within their own jurisdiction, but such laws are inferior and
subordinate to the laws of the state. (Primicias vs. Municipality of Urdaneta) – if
considered by the President
c. Administrative or executive officer can make rules and regulations to implement specific
laws. – if 2/3 of the House of the Representatives to pass the bill
B. Essential feature of the legislative function is the determination of the legislative policy and its
formulation and promulgation as a defined and binding rule of conduct.
C. A bill is a proposed legislative measure introduced by a member of Congress for enactment into
law. – if not signed by the President within 30 days, after his receipt thereof.
Enrolled Bill: Under the enrolled bill doctrine, the text of the act as passed and approved is deemed
importing absolute veracity and is binding on the courts. It is conclusive not only of its provisions but
also of its due enactment.
Separability Clause: A part is invalid, and the other clauses will not be affected – Such clause is not
controlling and the courts may, in spite of it, invalidate the whole stature where what is left, after
the part, is not complete and workable – “Severability Clause”
Executive Clause: The clause in the provision where the law takes effect.
To strike down a law, there must be a clear showing that what the fundamental law condemns and
prohibits, the statute allows it to be done.
Act of Congress: Trial courts have jurisdiction to initially decide the issue of constitutionality of a law
in appropriate cases.
From Statutory Construction Lecture:
Chapter 1 to 2 discussion
Philippine Constitution Act, amended Cabotage Law – Antitrust Law in United States of America
This amendment is to implement generally; a liberalization scheme.
It is to promote competition within the business industry without bigger companies preying on
the small and even smaller companies.
In so far as to give chance to medium businesses to become major businesses; as to give chance
to minor businesses to become medium businesses then major businesses.
Philippine Competition Act is now a statute.
Laws will not take effect immediately, 15 days from publication unless otherwise stated.
Due process issue; not from signing but from its publishing.
Political laws will be obliterated right at the change of sovereignty. (e.g: from Democracy to Cha-
Cha)
There is change in sovereignty that will repeal all laws.
A constitution is not a statute but it is political.
**Perfecto vs. People of the Philippines
**Macariola vs. Asuncion – political in character
Regional Trial Court can be authorized or can review a case so long as it is from the lower courts.
Regional Trial Court has authority to review but Municipal Trial Court cannot because it has limited
statutes under general laws.
Supreme Court has concurrent jurisdiction.
Court of Appeals have concurrent jurisdiction between Supreme Court and Regional Trial Court.
Supreme Court is the highest court of all. It must exercise form of caution.
Policy of Reference
Duty of purpose is full hesitation.
Supreme Court is instructing lower courts to defer and pass to appellate courts if the case is
undecided whether constitutional or not.
To defer from the constitutional issue.
Construction – Arriving to a decision using intrinsic and extrinsic aids. (internal and external aids)
An informed judgment from other aids.
The textualists cannot use other aids or statutes and only interpret the document itself.
Amendatory Provisions
Simplification of provisions.
When Congress is undertaking revisions.
**New Civil Code – Circa 2015 (just Civil Code)
Judge’s Choice (Standard Operating Procedure or SOP) – The judge should take action in successive
order, though at times it is not followed in such manner.
1. Apply the Law
2. Interpret the Law
3. Construe the Law
Contemporary Construction
Administrative Interpretation
1. Implementing R&R (Rules & Regulations)
2. Opinions of Supreme Court / Department of Justice
3. Administrative Rulings of these administrative agencies – the greatest weight (Chevron
rule/deference)
2 (Two) Approaches
1. Adherence to the language
2. To depart from the language
Verba Legis
Adherence to the language of the Law
“Verba legis non est recedendum”
“Index animi sermo”
o Speech/Index of intention
Ratio Legis
Departure from the language of the law
“Ratio legis est anima legis”