CRIS LLOYD B.

ALFEREZ

1. Question: Give Examples of Presidential Issuances.

Answer:
Presidential Issuances or Executive Issuances are acts of the Chief Executive of the
Philippines in the exercise of the executive powers. Examples of these are:
 PD 1445 - Ordaining And Instituting A Government Auditing Code Of
The Philippines.
 AO NO. 28 – Authorizing the Grant of Special Risk Allowance to
Frontline Public Health Workers During the Period of Enhanced
Community Quarantine Relative to COVID-19 outbreak.

2. Question: Are rules and regulations issued by the Supreme Court,

Administrative and executive bodies Laws? Why or why not? Discuss.

Answer:

Rules and regulations issued by the Supreme Court, Administrative, and executive
bodies are not laws but they have the effect and force of a law.

Article 8 of the civil code provides that “Judicial decisions applying or interpreting
the laws of the constitution shall form part of the legal system of the Philippines”
only means that they are an interpretation or evidence of what the laws means.
Executive and Administrative orders also interprets the laws they are bound to
implement. All of their power is only to interpret the laws while that of the
legislature is to enact, repel and modify laws.

Since the power of the to enact, repel and modify laws fall under the jurisdiction of
the legislative department, if their issuances becomes a law it will usurp the power
of the legislature which is in defiance of the doctrine of the Separation of Power and
the 1987 Constitution.

3. Question: As a rule Enrolled Bill prevails over Legislative Journal, what happened in
(Astorga v. Villegas, G.R. No. 23475, April 30, 1974) why was the Legislative journal
utilized to ascertain the Statute? Discuss the case.

Answer:
 RA 4065 was passed as a law which amended and defines the power and
duties of a vice mayor of Manila. It turned out that the said law contained
amendments different from the approved in senate. The President then withdraw
his signature upon knowledge of the defect of the enrolled bill. The then Mayor of
Manila issued a circular which informed the various departments of the LGU to
disregard the said law. The Vice Mayor of Manila filed a petition for mandamus to
compel parties to apply the law as this law is still effective.

The respondent contends that the bill never became a law as it was not
approved by the senate based on the entries in the journal. Enrolled bills is based
mainly on “the respect due to coequal and independent departments which requires
the judicial department to accept, as having passed by congress, all bills
authenticated in the manner stated”. If the attestation is absent and the same is not
required for the validity of a statute, the courts may resort to the journals and other
records of Congress for proof of its due enactment. Since the enrolled bill has a
defect on its own, the journal was used for the basis of the decision of the Supreme
Court.