D.

ISSUANCES, RULES AND ORDINANCES  Issued to fix a date or declare a status or

1.20 Presidential Issuances
Issued by the President in the exercise of his Ordinance Power
(rule-making power/authority of the President, which have the
force and effect of law. In the discharge of his Executive
Power.):
Note: OP – granted under Chapter 2, Book III of EO 292 aka
Administrative Code of 1987
Execution Orders – legislative power of the President during
the revolutionary period (freedom consti.), same category
and binding force as statutes.
Presidential Decrees – legislative power of the president under
during the period of Martial Law under the 1973 Constitution.
A. EXECUTIVE ORDERS
 Provides for rules of a general or permanent
character,
 In implementation or execution of constitutional
(power vested by consti) or statutory powers (power
conferred by any other act)
condition of public moment or interest, upon
the existence of which operation of law or
regulation is made to depend.
 have the force of an Executive Order
D. MEMORANDUM ORDERS
 Matters of administrative detail or of
subordinate or temporary interest
 Only concerns a particular officer or office of the
government.
E. MEMORANDUM CIRCULARS
 Relate to internal administration
 To bring the attention of all or some of the depts.,
agencies, bureaus or offices of the government
 for information or compliance
F. GENERAL OR SPECIAL ORDERS
 Acts and commands of the President in his capacity
as Commander-in-Chief of the AFP
Ople vs Torres

 Seeks to declare unconstitutional AO 308 on the ff.

B. ADMINISTRATIVE ORDERS
grounds (1) usurpation of the Congress’
 Relates to particular aspect of governmental
legislative power; (2) abridges right to privacy
operations
 the blurring of the demarcation line between
 In pursuance of his duties as administrative
executive power and the power to legislate will
head
disturb their delicate balance and cannot be
allowed.
C. PROCLAMATIONS
 Legislative power

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 a) Embraces all subjects and extends to
matters of general concern or common
interest.
b) exclusively vested by the consti. in the
Congress (legislative body – possesses
plenary power of all purpose of civil
government) to make, alter and repeal
laws unless it specifically lodges it
elsewhere.
c) President can legislate under Section
28(2) of Article VI of the Constitution
“the Congress may, by law, authorize the
president to fix within specified limits, and
subject to such limitations and restrictions
as it may impose, tariff rates, import and
export quotas, tonnage and wharfage
dues, and other duties or imposts within the
framework of the National Development
Program of the gov’t.”
 Executive power (power of control)
a) vested in the President in his capacity as
the Chief Executive – represents the gov’t
as a whole and sees to it that all laws are
enforced by the officials and employees
of his dep’t
b) Power to enforce and administer the
laws*
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*Administrative Power - Exercised by the
President over bureaus and offices under his
control. Applying policies and enforcing
orders. Enables the President to fix a uniform
standard of administrative efficiency and check
the official conduct of his agents.
c) Power to carry the laws into practical
operation and enforcing their due
observance.
 Administrative Order must be in harmony with
the law and should be for the sole purpose of
implementing the law and carrying out the
legislative policy.
 AO 308 implements the AC of 1987 but the
National Computerized Identification Reference
System requires a delicate adjustment of various
contending state policies – national security,
extent of privacy interest and choice of
policies. It redefines the parameters of the right
to privacy of the citizenry and the line that
separates the administrative power and the
legislative power.
1.21 Administrative Rules and Regulations
Rules and Regulations
 Issued by the administrative or executive officers
 Have the force and effect of law or partakes the nature of
a statute
  To be valid:
1. Rules should be germane to the objects and
purposes of the law.
2. Regulations not in contradiction with, but
conform to the standards that the law prescribes
3. Sole purpose of carrying into effect the general
provisions of the law.
 it cannot extend nor restrict the terms and provisions
of the law. Non-observance constitutes an attempt by an
administrative body to legislate.
 In case of discrepancy between the basic law and the RR
issued to implement such, basic law shall prevail.
 StatCon Elementary Principle – a statute is superior
to and administrative regulation and the former cannot be
repealed or amended by the latter.
RULE-MAKING POWER
 Delegated Legislative Power – In delegation of the
Congress it is necessary that the law
1. be complete in itself – sets forth the policy to be
executed, carried out or implemented by the
delegate,
2. fix a standard – limits of which are sufficiently
determinate or determinable to which the delegate
must conform in the performance of his functions.
Note: Standard –
i. maybe express or implied from the policy or
purpose of the act as a whole, marks its limits,
maps out its boundaries and specifies the agency to
apply it.
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ii. Indicates the circumstances in which the legislative
command is to be effected
iii. Criterion by which the legislative purpose may be
carried out.
iv. Adequate Standards:
 Simplicity and Dignity
 Public Interest
 Public Welfare
 Interest of Law and Order
 Justice and Equality and substantial merit of
the case
 Adequate and efficient instruction
 Statutes are couched in general terms that’s why the
details and manner of carrying out the latter is delegated
to the specific agency handling it since they are the experts
in the area.
 Confined to details for regulation of the mode or
proceedings to carry into effect enacted law.
 It may not be used beyond the scope intended
 Nor issue RR which are inconsistent with the provisions
of the statute or the constitution
 Or a RR that defeats the purpose of the statute which
created it.
1.22 Validity of Executive Orders, Rules and
Regulations
Executive Secretary vs. Southwing
Requisites of a Valid Administrative Issuance such as
an EO:
 1. Its promulgation must be authorized by legislature
Note: it should both have constitutional (provided for in
the Constitution) and statutory bases (provided for by
law).
2. It must be promulgated in accordance with the prescribed
procedure.
Note: it is necessary that the nature of the administrative
issuance is properly determined.
General Rule: the promulgation of the administrative
issuance requires previous notice and hearing.
Interpretative Rule – give no real consequence more
than what the law itself has already prescribed and are
designed merely to provide guidelines to the law which
the administrative agency is in charge of enforcing.
Exception: Issuance of Legislative Rules - when the
legislature requires it and mandates that the regulation be
based on certain facts as determined at an appropriate
investigation.
Legislative Rule – subordinate legislation crafted to
implement a primary legislation.
3. It must be within the scope of authority given by the
legislature
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Note: a valid Administrative issuance shall not
supplant or modify the Constitution, its enabling
statute and other existing laws, for it is the sole
function of the legislature which the other branches
of the government cannot usurp. (CIR vs CA)
4. It must be reasonable.
Maxim: “Ratione cessat lex, et cessat”
- When the reason for the law ceases, the law ceases
Axiom: administrative authorities shall not act
arbitrarily and capriciously in the issuance of RR. To
be valid, such RR must be reasonable and fairly
adapted to secure the end in view.
Note: the application of the law should be consistent with
the purpose and the reason for the law.
Substantive due process
In the absence of evidence to the contrary, acts of the other
branches of the government are presumed to be valid.
Compliance to requisite # 3 and 4 the ff test shall be done:
1. Examination of the nature of the law and
2. The purpose of the EO
1.24 Supreme Court rule-making power
The Section 5(5), Article VIII 1987 Constitution grants the SC the
power to promulgate rules concerning the;
 1. Protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts
2. Admission to the practice of law
3. Integrated Bar
4. Legal assistance to the underprivileged
Rules promulgated by the SC shall:
1. Be uniform for all the courts of the same grade
2. Shall not diminish, increase, or modify substantive
rights
Power to Repeal
1. Procedural Laws – those which prescribe the method of
enforcing rights and the redress of their invasion
2. Procedural Aspect of a Statute
Exception: the SC does not have the power to promulgate rules
which are substantive in nature.
Test whether the rule regulates procedure: if it creates a right –
substantive. If it operates as a means of implementing an
existing right – Procedural
1.25 Legislative Power of LGUs
Requisites of a Valid Ordinance:
1. it must be within the corporate powers of the LGU
2. it must be in accordance with well-established principles
of a substantive nature.
Principles of Substantive nature:
1. Must not contravene the constitution or any statute
2. Must not be unfair or oppressive
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3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
1.26 Barangay ordinance
Sangguniang barangay
- smallest legislative body;
- may pass an ordinance affecting a barangay by a
majority vote of all its members.
- Its ordinance is subject to review by sangguniang
bayan or panlungsod, to determine if it is in
accordance with municipal or city ordinance.
- Sangguniang Bayan or panlungsod shall take action on
the ordinance within 30 days from submission.
1.26 Municipal Ordinance
Sangguniang Bayan
- affirmative vote of a majority of the members of the
sangguniang bayan, there being a quorum.
- Ordinance is then submitted to the municipal
mayor, who within 10 days from receipt shall return it
with his approval or veto.
- The ordinance is then submitted to sangguniang
panlalawigan for review, who within 30 days may
invalidate it in whole or in part.
1.27 City Ordinance
 Sangguniang panlungsod
- affirmative vote of a majority of the members of the
sangguniang panlungsod present, and there being a
quorum.
- Approved ordinance shall be submitted to the mayor,
who within 10 days shall return it with approval
or his veto.
- The Sangguniang may repass a vetoed ordinance.
- If the city is a component city, the approved
ordinance is submitted to the Sanguniang
panlalawigan, who shall act within 30 days.
1.28 Provincial Ordinance
Sangguniang panlalawigan
- by a vote of a majority of the members present,
there being a quorum, enact ordinance that will affect
the province.
- The ordinance is forwarded to the governor who,
within 15 days, shall return it with his approval or
veto.
- A vetoed ordinance may be repassed by two-thirds
vote.
E. Validity of Statute
1.30 Presumption of Constitutionality
General rule: Every statute is presumed valid.
 It is but decent respect due to the wisdom, integrity, and
the patriotism of the legislature, and the chief
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executive, by whom the law is passed, to presume of its
constitutionality.
 To be declared unconstitutional – repugnancy of the
law to the Constitution must be clear and
unequivocal.
 Laws shall not be declared invalid unless the conflict
with the Constitution is clear beyond a reasonable
doubt.
To doubt is to sustain – all unreasonable doubt shall be in favor
of the constitutionality of the law.
Supreme Court en banc
 final authority to declare a law unconstitutional.
 By concurrence of a majority vote of members who
actually took part in the deliberations
Note: Trial Courts have jurisdiction to initially decide the issue of
constitutionality of a law in appropriate cases.
1.31 Judicial Power
Araullo vs Aquino
Judicial power
 Duty of the courts of justice to settle actual
controversies involving rights which are legally
demandable and enforceable, and;
 to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
 for the courts to step in to uphold the law and the
Constitution
Requisites for the Exercise of Judicial Review

(1) there must be an actual case or justiciable

2. Ripe for Adjudication
controversy before the Court;  Something had been accomplished by either
branch. E.g. law
(2) the question before the Court must be ripe for  Law was already being implemented
adjudication;
 Such implementation was repugnant to the
(3) the person challenging the act must be a proper letter and spirit of the Constitution
party; and
Moot and academic
(4) the issue of constitutionality must be raised at
the earliest opportunity and must be the very  one that ceases to present a justiciable
lis mota of the case controversy by virtue of supervening events, so
that a declaration thereon would be of no
practical use or value.
1. Actual Case or Justiciable Controversy Note: Court had in the past exercised its power of
judicial review despite the cases being rendered moot and
Justiciable controversy
academic by supervening events, like:
 Issues which are inherently susceptible of being (1) when there was a grave violation of the
decided on grounds recognized by law Constitution;
 The resolution of which the court will have to choose
(2) when the case involved a situation of exceptional
between the Constitution and the challenged
character and was of paramount public
statute interest;
Political Questions (3) when the constitutional issue raised required
the formulation of controlling principles to
 Concerned with issues dependent upon the wisdom, guide the Bench, the Bar and the public; and
not the legality, of a particular act or measure being
(4) when the case was capable of repetition yet
assailed.
evading review.
 Function of the separation of powers

Note: Courts will not normally interfere with the workings of 3. Proper Party
another equal branch UNLESS the case shows a clear need
Locus Standi or Legal standing

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  a right of appearance in a court of justice on a given
question
 a personal stake in the outcome of the controversy
Requisites of Locus Standi:
(1) interest of a person assailing the constitutionality of a
statute must be direct and personal.
(2) He must be able to show, not only that the law or any
government act is invalid, but also that he sustained or
is in imminent danger of sustaining some direct
injury as a result of its enforcement, and not merely that
he suffers thereby in some indefinite way.
(3) It must appear that the person complaining has been
or is about to be denied some right or privilege to
which he is lawfully entitled or
(4) that he is about to be subjected to some burdens or
penalties by reason of the statute or act complained of.
Note: standing is a peculiar concept in constitutional law
because in some cases, suits are not brought by parties who
have been personally injured by the operation of a law or any
other government act but by concerned citizens, taxpayers or voters
who actually sue in the public interest.
 The SC may take cognizance of a suit which does not
satisfy the requirements of legal standing; the Court has
adopted a liberal attitude on the locus standi of a petitioner
where the petitioner is able to craft an issue of
transcendental significance to the people or paramount
importance to the public.
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4. When to raise constitutionality
General Rule:
 Constitutionality must be raised at the earliest
possible time. If the question is not raised in the
pleadings, ordinarily it may not be raised at the trial,
and if not raised in the trial, it will not be considered
in appeal.
Exceptions:
1) the question may raise in a motion for reconsideration
or new trial in the lower court, where the statute sought
to be invalidated was not in existence when the complaint
was filed or during the trial
2) the question of validity may also be raised in criminal
cases at any stage of the proceedings.
3) In civil cases where it appears clearly that a
determination of the question is necessary to a
decision and in cases where it involved the
jurisdiction of the court below.
Test of constitutionality
 A statute may be declared unconstitutional because:
1. it is not within the legislative power to enact
2. or it creates or establishes methods or forms that
infringe constitutional principles
3. its purpose or effect violates the constitution
4. It is vague. Lacks comprehensive standards that
men of common intelligence must necessarily guess at its
meaning and differ in its application.
 5. The change of circumstances or conditions may affect Invalidity due to change of conditions
the validity of some statues, especially those so-
called emergency laws designed specifically to meet  A statute becomes invalid only because the change of
certain contingencies. conditions makes its continued
operation violative of the Constitution, and
Effects of Unconstitutionality accordingly, the declaration of its nullity should affect
only the parties involved in the case, and its
General Rule: an unconstitutional act is not a law. Orthodox
effects applied prospectively.
View*

1) it confers no rights. Partial Invalidity

2) it affords no protection General rule: where part of a statute is void as
3) it imposes no duties repugnant to the Constitution, while another part is valid,
4) it creates no office the valid portion, if separable from the invalid, may
5) it is inoperative as though it had never been passed. stand and be enforced
Doctrine of Operative Fact Exception: when the parts are so mutually dependent
Regard should be had to what has been done while and connected. The presence of separability clause
the statute was in operation and presumed to be valid. creates the presumption that the legislature intended
Hence, its operative fact before a declaration of nullity separability, rather than complete nullity of the
must be recognized. statute.

Two view on the effects of a declaration of

the unconstitutionality of a statute:

(a) *Orthodox View

(b) Modern View -- The court in passing upon the question

of constitutionality does not annul or repeal the statute if it
F. EFFECT AND OPERATION
is unconstitutional, it simply refuses to recognize it and
A. When laws take effect
determines the rights of the parties just as if the statute had
no existence. It does not repeal, supersede, revoke or annul 1. Art 2 of the Civil Code provides that “Laws shall take
the statute. The parties to the suit are concluded by the effect after fifteen days following the completion of
judgment, but no one else is bound.

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 their publication in the Official Gazette, unless it is
otherwise provided.”
2. All laws or statutes, including those of local application
and private law shall be published as a condition for
their effectivity (Tañada v. Tuvera), otherwise it would
violate the due process clause of the constitution.
3. The general rule is that where the law is silent as to
its effectivity, or where it provides that it shall take
effect immediately or upon its approval, such law shall take
effect after 15 days from its publication in the Official
Gazette.
4. The completion of publication, from which date the
period of publication will be counted, refers to the date of
release of the O.G. or newspaper for circulation and not to
its date, unless the two dates coincide.
5. The requirement of publication as a condition for
the effectivity of statues applies to Presidential Issuances,
except those which are merely interpretative or internal
in nature not concerning the public.
B. When presidential issuance, rules, and
regulations take effect
 The requirement of publication also applies to
Presidential issuances.
(a) Whose purpose is to implement or enforce existing
law pursuant to a valid delegation or to fill in the details
of a statute; whether they are penal or non-penal;
this requires publication.
(b) those are merely interpretative in nature or
merely internal in character not concerning the public,
does not need publication.
1987 Administrative Code provides that;
(a) Every agency shall file with the U.P. Law center
three copies of every rule adopted by it. Rules in force on
the date of effectivity of this Code which are not filed
within 3 months from that date shall not be the basis of
any sanction against any party or persons.
(b) Each rule shall become effective 15 days from the date of
filing as above provided unless a different date is fixed by
law, or specified in the rule in cases of imminent danger to
public health, safety and welfare.
Note: Publication and filing requirements are indispensable
to the effectivity of rules and regulations, except when the
law authorizing its issuance dispenses the filing
requirements.

Exceptions: those which are merely interpretative or
internal in nature not concerning the public.
Types of Rules and regulations of administrative and
executive officers:
C. When local ordinance take effect
1. Local ordinance shall take effect after 10 days from
the date a copy thereof is posted in a bulletin board at
the entrance of the provincial capital or city, municipal,

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 or barangay hall, as the case may be, and in at least two (b) months: 30 days except if the months are designated by
other conspicuous places in the local government unit. their name

2. the secretary to the sanggunian shall cause the posting (c) days: 24 hours
of the ordinance within 5 days after its approval.
(d) nights: from sunrise to sunset
3. The gist of all ordinances with penal sanctions shall
(e) week: a period of 7 consecutive days without regard to the
be published in a newspaper of general circulation,
day of the week from which it begins
within the province where the local legislative body
concerned belongs. 3. Civil code adopts the 365-day year and the 30-day
month and not the calendar year not the solar month.
4. In case of highly urbanized and independent
component cities, the main feature of the ordinance or 4. The exclude-the–first and include the last day
resolution duly enacted or adopted shall, in addition to being rule governs the computation of a period. If the last
posted, be published once in a local newspaper of general day falls on a Sunday or legal holiday, the act can still be
circulation within the city. done the following day. The principle does not apply to
the computation of the period of prescription of a crime,
5. Unless a statute is by its provisions for a limited
in which the rule is that if the last days in the period
period only, it continues in force until changed or
of prescription of a felony falls on a Sunday or legal holiday,
repealed by the legislature. Law once established
the information concerning said felony cannot be filed on the
continues until changed by some competent legislative
next working day, as the offense has been by then already
power. It is not changed by change of sovereignty.
prescribed.
D. Manner of computing time
1. Where a statute requires the doing of an act within (d
a specified number of days, such as ten days, from notice,
It means 10 calendar days and not working days.

2. Where the word “week” is used as a measure of time

and without reference to the calendar, it means a period
of seven consecutive days without regard to the day of
the week from which it begins (PNB v. C.A).

(a) Year: 365 days

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