Rules on Legislative Drafting Statutes and Their Construction (L Gonzaga) o Two steps involved in legislative drafting: 1.

.) Ethical or Formulation of Policy, and 2.) Technical or the Mechanics of Bill Drafting. 1. Formulation of Policy There are two kinds of policy: i.) basic policy, and ii.) immediate objective. Basic policy is the general or overall principle that everyone has agreed upon, while the immediate objective is more specific and targeted. Policy is determined by the judgment of legislators, with the assistance of specialists, pressure-groups, and others. 2. The Drafting of a Statute Legislative drafting involves: i.) mastery of language, and ii.) research. Drafters should also take note of: "(a) The exact state of facts in the field to which the law will relate; (b) The form of previous statutes relating to the same subject in the same jurisdictions; (c) The form of previous statutes relating to the same subject in other jurisdictions; (d) The amnner in which such statutes have actually operated; (e) The consensus of opinion among experts as to the best method for meeting the problem." The Legislative Reference Service renders technical assistance to Congress by indexing Philippine laws and drafting bills. 3. Objectives of the Draftsman Drafters should "make his readers understand what is commanded and what is forbidden by the law." They should not adopt the style of literary composition, but should be "more like that of a man who writes directions on how to use a kodak or how to use a Burroughs Calculator. This practice will help minimize problems in interpretation. Legal Method Prof. M. S. Feliciano AY 2009-2010 5 Janz Hanna Ria A2013

 But no matter how precise a statute is crafted, there will still be gaps and ambiguities because: i.) one cannot forsee all the possible consequences of the relations between language, and the persons or situations where it might apply, and ii.) courts in some cases would want to follow a certain policy direction which the statute does not cover. 4. Problems of Drafting Either related to the form and structure of the statute, or the language used. Form and Structure o Dividing statutes into sections makes them flexible and facilitates amendments. o Drafters should follow proper construction and logical development of sections and other parts of a statute. Length of Sections o There is no rule on how long or short sections may be, but it should be "made as brief as may be compatible with accuracy." Sentence Structure o A legislative declaration consists of a "legal subject" and a "legal action." o More complex provisions also have a "case" where its operation is confined, and "conditions" which trigger its operation. o The Problem of Language o Statutes should be written in "clear, simple, and concise language," but when they deal with technical matters, like laws regulating accounting practices for instance, specialized terms are unavoidable. o Drafters should also avoid variations in expression, that "the same word should not be used in different senses," and that when one word is used, it should be used and defined uniformly throughout