STATUTES

A. IN GENERAL

Laws
- Refers to the whole body or system of law
- Rule of conduct formulated and made obligatory by legitimate power of the state
- It Includes statutes, enacted by the legislature, presidential decrees, and executive orders issued by
the President in the exercise of his legislative power, other presidential issuances in the exercise of
his ordinance power, rulings of the Supreme Court construing the law, rules and regulations
promulgated by administrative or executive officers pursuant to a delegated power and ordinances
passed by Sanggunians of local government units.

Statutes
- An act of legislature as an organized body, expressed in the form and passed according to the
procedure, required to constitute it as part of the law of the land.
- Statutes enacted by the legislature are those passed by the Philippine Commission, Phil. Legislature,
Batasang Pambansa and Congress.
- Other laws which are of the same category and binding force as statutes are Presidential Decrees
issued by the President in the exercise of his legislative power during the period of Martial Law.
- Executive Orders of President Aquino during the revolutionary period under the Freedom Constitution

Statues may either be:

● Private
- Applies only to a specific person or subject.
● Public
- Affects the public at large or the whole community

Classifications of Public Statutes:

o General Law
- Applies to the whole state and operates throughout the state alike upon all people or all
of a class. It is one which embraces a class of subjects or places and does not omit any
subject or place naturally belonging to such class.
o Special Law
- Relates to a particular person or things of a class or to a particular community, individual
or thing.
o Local Law
- Is one whose operation is confined to a specific place or locality
e.g. municipal ordinance
Statutes may be Permanent or Temporary:
● Permanent Statute
- One whose operation is not limited in duration but continues until repealed. It does not
terminate by the lapse of a fixed period or by the occurrence of an event.
● Temporary Statute
- Duration is for a limited period of time fixed in the statute itself or whose life ceases upon the
happening of an event.
E.g. statute answering to an emergency.
- Where a statute provides that it shall be in force for a definite period, it terminates at the end
of such period.
- Where a statute is design to meet an emergency, it ends upon the cessation of such
emergency.

Other classes of statutes

According to application:
● Prospective
- If it shall apply in the present and in the future.
● Retroactive
- If shall affect actions in the past

According to operation:
● Declaratory
● Curative
● Mandatory
● Directory
● Substantive
● Remedial
● Penal

According to form:
● Affirmative
● Negative

Manner of referring to statutes

- A statute may be referred to its title, apart from its serial number.
- Statutes passed by the legislature are consecutively numbered and identified by the respective
authorities that enacted them.
● Public Acts
- Passed by the Philippine Commission and Philippines Legislature from 1901 to 1935
● Commonwealth Acts
- Laws enacted during Commonwealth from 1936 to 1946
 ● Republic Acts
- Passed by the Congress of the Philippines from 1946 to 1972 and from 1987 under 1987
Constitution
● Batas Pambansa
- Laws promulgated by the Batasang Pambansa

Presidential Decrees and Executive Orders issued by the President in exercise of his legislative power are
also serially numbered.

B. ENACTMENT OF STATUTES

Provisions of the Constitution

- Self-Executing
- It can be given effect without the aid of legislation, and there is nothing to indicate that
legislation is intended to make it operative
- Non Self Executing
- Require Congress to enact enabling legislations

Example: A constitutional provision that any municipality by vote of four-sevenths of its qualified electors
may issue and sell revenue bonds in order to pay for the cost of purchasing a municipally owned public
utility is self-executing and effective without a legislative enactment.

Legislative Power of Congress

- Power to make, alter and repeal laws
- Vested in the Congress of the Philippines which shall consist of a Senate and House of Representative
- The Legislative Body possesses plenary power for all purposes of civil government
- The determination of the legislative policy and its formulation and promulgation as a defined and
binding rule of conduct.
- Legislative power - plenary except only to such limitations as are found in the constitution
- The Constitution has explicitly provided that the legislative power is the power to enact laws.
- The Legislative power is first and appears to be more extensive and broad than the executive and
judicial powers. For without a law, the executive has nothing to execute and the judiciary has to
interpret and apply. Thus, it has been said that the grant of legislative power means a grant of all
legislative power.

Procedural requirements in enacting a law, generally

- A bill may be enacted into law only in the manner the Constitution requires in accordance with the
procedure therein provided.
- Congress provides in detail the procedure by which a bill may be enacted into law. The detailed
procedure is embodied in the Rules of both Houses of Congress, promulgated pursuant to the
constitutional mandate empowering to determine its rules to proceedings.
- The rules of Congress are subject to revocation, modification or waiver at the pleasure of the
body adopting them.

- The mere failure to conform to parliamentary usage will not invalidate the action taken by the body
when the requisite number of members had agreed to a particular measure.

Steps in the Passage of a bill into Law

A bill is a proposed legislative measure introduced by a member of Congress for enactment into law. It
must be:
- Signed by authors and filed with the Secretary of the House.
- Shall embrace only one subject which shall be expressed in the title

Bills may originate from either Lower or Upper House, but the following shall originate only from the
House of Representatives:
✔ Appropriation
✔ Revenue/ tariff bills
✔ Bills authorizing increase of public debt
✔ Bills of local application
✔ Private bills

First and Second Readings of Bills

● The Secretary reports the bill for First reading

- First reading consists of reading the number and title of the bill, followed by its referral to 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 second reading.

● On Second reading
- The Bill shall be read in full with the amendments proposed by the Committee for study and
recommendation, unless copies are distributed and such reading is dispensed with.
- Bill will be subject to debates, motions and amendments
- After the amendments shall have been acted upon, the Bill will be voted on second reading.

- A bill approved on second reading shall be included in the Calendar of bills for third reading.
- On Third reading, the bill as approved on second reading will be submitted for final vote by
Yeas and Nays.
 Third reading
A bill is approved by either House after it has gone three readings.
- No Bill passed by either House shall become a law unless it has passed three readings on separate
days and printed copies thereof in its final form have been distributed to its members, three days
before its passage
o except when the President certifies to the necessity of its immediate enactment to meet
a public calamity or emergency.
o The exception dispenses with the requirement not only of printing but also that of reading
the bill on separate days. The "UNLESS" clause must be read in relation to the "EXCEPT"
clause because the two are coordinate clauses of the same sentence.
o The factual basis of the Presidential certification of bills may not be subject to judicial
review, as it merely involves doing away with the procedural requirements designed to
insure that bills are duly considered by members of Congress.

- Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall
be taken immediately thereafter, and the YEAS and NAYS entered in the Journal.

There may be 3 (three) versions of a bill or revenue bill originating from the lower house.
● Lower House
● Senate
● Conference Committee
▪ If the “Other House” approves without amendment, it is passed to the President.
▪ If the “Other House” introduces amendments, and disagreement arises, differences will
be settled by the Conference Committees of both Chambers.
▪ Report and recommendation of the 2 Conference Committees will have to be approved
by both houses in order to be considered passed.
▪ If both houses approve the report of the Conference Committee adopting a third version
of the bill, then it is the latter that is the final version, which is conclusive under the
doctrine of enrolled bill, that will be submitted to the President for approval.

The President may either:

● Approve and sign the bill into law; or
● Veto (within 30 days after receipt) and return the same with his objections to the House where it
originated
● Not act on the bill

⮚ If the President vetoes

- The bill is sent back to the House where it originated with recommendation
✔ 2/3 of all members approves, it will be sent to the other house for approval
✔ 2/3 of the other house approves – it shall become a law
✔ If president did not act on the bill within 30 days after receipt, bill becomes a law
In summary, bills become law in 3 ways:
● President signs
● When the President does not sign nor communicate his veto of the bill within (30) thirty days after
his receipt thereof
● vetoed bill is repassed by Congress by 2/3 votes of all its members, each House voting separately.

Authentication of Bills
- Before an approved bill is sent to the President for his reconsideration as required by the
Constitution, the bill is authenticated.
- The system of authentication devised is the signing by the Speaker and the Senate President of
the printed copy of the approved bill, certified by the respective secretaries of the both Houses.
To signify to the President that the bill being presented to him has been duly approved by the
legislature and is ready for his approval or rejection.

C. PARTS OF STATUTES

Preamble
- A prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion
for making the law to which it is prefixed.

Title of Statute
- The Constitution provides that “every bill” passed by Congress shall embrace only one subject
which shall be expressed in the title thereof.

Purpose of title requirement

- To apprise the legislators of the object, nature, and scope of provision of the bill and to prevent
the enactment into law of matters which have not received the notice, action and study of
legislators. To prohibit duplicity in legislation

Enacting clause
- The part of statute written immediately after the title thereof which states the authority by which
the act is enacted

Purview or body of statute

- Purview refers to the enactment part of a statute which is the body.
- A body of statute should embrace only one subject matter, even their provisions should be allied
and germane to the subject and purpose of the bill.
- Parts are the following: short title, policy section, definition section, administrative section,
sections prescribing standards of conduct, sections imposing sanctions for violation of its
provisions, transitory provision, separability clause & effectivity clause.
Separability Clause

- If any provision of the act is declared invalid, the remainder shall not be affected thereby. It is not
controlling and the courts may invalidate the whole statute where what is left, after the void part,
is not complete and workable.

Repealing Clause
- Announces the prior statutes or specific provisions which have been abrogated by a reason for
the enactment of the new law.

Effectivity Clause
- Announces the effective date of the law. It refers to the date that the law takes effect after 15
days of publication in the Official Gazette or in a newspaper for general circulation purposes.

Enactment of budget and appropriation law

- Assignment of money for a special purpose. The proposed budget will be submitted to the
Congress for evaluation and inclusion in the appropriation law. It is the power to specify how the
money shall be sent.
- Same as the procedure for the enactment of ordinary bills. Only difference is that they can only
originate from the lower house but the senate may propose/ concur with the amendments.
- Congress may not increase the appropriation recommended by the president.
- Procedure for congress is the same to all other departments/ agencies (procedure for approving
appropriations)
- Special appropriation - national treasurer / revenue proposal
- No Transfer of appropriation authority to augment
- Discretionary funds - for public purposes
- General appropriation bills when re-enacted

Restrictions in the passage of budget or revenue bills

- Must be in accordance with Section 25 of Article VI of the Constitution:
1. Budget preparation by the President and Submission to Congress.
- The preparation of the budget shall be prescribed by the law.
2. Each Provision must relate specifically to particular appropriation.
3. Procedure in approving appropriation.
4. Special Appropriation Bill to specify purpose.
5. Restriction on transfer of appropriation; exception.
6. Discretionary fund requirements.
7. Automatic re-enactment of budget.
8. President’s veto power.
9. No public funds to be spent except by law.
10. No public money or property for religious purposes.
11. Money for special purposes.
12. Highest budgetary priority to education, directory.
Rules and records of legislative proceedings
- The constitution requires that legislative proceedings be duly recorded in accordance with the
rules of each house
- Keep a journal of its respective proceedings,
- The yeas and nays must be entered in the Journal during the last reading of a bill,
- The objections and all related activity within the congress must be duly recorded through a Journal

Question: In publishing a journal, what is the main exception to be published?

Answer: Parts of the proceeding that affects national security are exempted to be published.

Power to issue its rules and proceedings

- Each house may determine the rules of proceedings. Example is the impeachment complaint.
- Violations of internal rules of procedure in the enacting of a law does not invalidate the law. For
as long as the law is enacted according to the constitutional requirements then proposed law is
considered duly enacted.
- Can the court declare a legislative act void if there are violations of internal rules of procedure in
the process of enacting the act? The court has no power to look into the internal proceedings of
a House for as long as there is no violation of constitutional provisions. The court cannot declare
a legislative act void on account of non-compliance to rules of procedures made by the enacting
body itself.
o However, when there is a violation of the constitutional provisions:

Francisco V. House of Representatives: in declaring certain rules of impeachment of the House of

Representatives as violative of the Constitution, Unconstitutional, the court ruled: “It is basic that
all rules must not contravene the Constitution which is the fundamental law. If as alleged
Congress had absolute rule making power, then it would by necessary implication have the power
to alter or amend the meaning of the Constitution without need of referendum.” (emphasis ours)

Unimpeachability of legislative journals

● Conclusive with respect to the other matters that are required by the constitution.
● Disputable with respect to all others matters.
● By reason of public policy, authenticity of laws should rest upon public memorials of the most
permanent character.
● Should be public.

Enrolled bill and withdrawal of authenticity, effect of

- An enrolled bill is passed by congress, authenticated by the Speaker and the Senate President and
approved by the President.
- If there is a serious and substantial disparity between the text of the bill (deliberated in the
legislature) and the printed text sent to the President; the House Speaker and Senate President
 may withdraw their respective signatures. The court can declare the bill has not been duly enacted
and did not accordingly become a law.
- The effects of withdrawal are as follows:

1. Nullifies the bill as enrolled.

2. Losses absolute verity.
3. Courts may consult journals.

Related news: On Anti-Terrorism Bill

“Biazon says anti-terrorism bill needs rewording: court, not Cabinet, must identify terrorists”

Question: Some congressmen after saying yes for the approval of the Anti-Terrorism Bill wanted
to withdraw their votes. Can they still stop the enrolled bill from becoming a law?
Answer: Since the bill was already enrolled (with signature from both of the Speaker and Senate
President), it is up to the President if he vetoes it or not.

DOCTRINE OF ENROLLED BILL

- The enrolled bill rule is a principle of judicial interpretation of rules of procedure in legislative
bodies. Under the doctrine, once a bill passes a legislative body and is signed into law, the
courts assume that all rules of procedure in the enactment process were properly followed.

D. ISSUANCES, RULES, AND ORDINANCES

Chapter 2, Book III of Executive Order No. 292 (Administrative Code of 1987), the President is granted
an ordinance power to issue the following:
● SECTION 2. Executive Orders
- Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.
● SECTION 3. Administrative Orders
- Acts of the President which relate to particular aspects of governmental operations in
pursuance of his duties as administrative head shall be promulgated in administrative
orders.
● SECTION 4. Proclamations
- Acts of the President fixing a date or declaring a status or condition of public moment or
interest, upon the existence of which the operation of a specific law or regulation is made
to depend, shall be promulgated in proclamations which shall have the force of an
executive order.
● SECTION 5. Memorandum Order
 - Acts of the President on matters of administrative detail or of subordinate or temporary
interest which only concern a particular officer or office of the Government shall be
embodied in memorandum orders.
● SECTION 6. Memorandum Circulars
- Acts of the President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for information or compliance, shall
be embodied in memorandum circulars.
● SECTION 7. General or Special Order
- Acts and commands of the President in his capacity as Commander-in-Chief of the
Armed Forces of the Philippines shall be issued as general or special orders.

QUESTION: Can the president issue a Presidential Decree under the current Constitution?
Answer: NO. Presidential decrees are laws which are of the same category and binding force as
statutes. Former President Marcos issued Presidential Decrees in his exercise of Legislative Power
during the period of Martial Law under the 1973 Constitution.

Administrative Rules and Regulations

- The rule-making power of a public administrative agency is a delegated legislative power, this
authority is not to be used to enlarge its power beyond the scope intended. It may not issue rules and
regulations which are inconsistent with the provisions of the Constitution or a statute.
- Rules and regulations issued by administrative or executive officers have the force and effect of law
or partake the nature of statute.
- In case of discrepancy or conflict between the basic law and the regulations issued to implement it,
the basic law prevails.

Essential Elements
1. Be complete in itself
- It must set forth the policy to be executed, carried out or implemented by the
delegate.
2. Fix a standard
- The limits of which are sufficiently determinate or determinable, to which the delegate
must conform in the performance of his functions. The standard is either expressed or
implied from the policy and purpose of the act as a whole, marks its limits, maps out its
boundaries and specifies the public agency to apply it.

CEMCO Holdings, Inc. v. National Life Insurance Co., G.R. No. 171815 (August 7, 2007)

- Rules and regulations when promulgated in pursuance of the procedure of authority conferred upon
the administrative agency by law, partake the nature of a statute, and compliance therewith may be
enforced by penal sanction provided by the law.
- The power to promulgate rules in the implementation of a statue is necessarily limited to what is
provided for in the legislative enactment. Its term must be followed for an administrative agency
cannot amend an Act of Congress.
- The rule-making power must be confined to details for regulation of the mode or proceedings to carry
into effect the law as it has been enacted, and it cannot be extended to amend or expand the statutory
requirements or to embrace matters not covered by the statute.
- If a discrepancy occurs between the basic law and an implementing rule or regulation, it is the former
that prevails. The rule-making power of a public administrative body is a delegated legislative power,
which it may not use either to abridge the authority given it by Congress or the Constitution or to
enlarge its power beyond the scope intended.

Illustrative cases on validity of executive orders, rules and regulations

Executive Secretary v. Southwing Heavy Industries, Inc

In resolving the issue on whether or not the executive order banning the importation of used vehicles
through the Free Trade Zone is valid, the Court enumerated the requisites for a valid executive order or
any administrative rule.

To be valid, an administrative issuance, such as an executive order, must comply with the following
requirements:

1. Its promulgation must be authorized by the legislature;

2. It must be promulgated in accordance with the prescribed procedure;
3. It must be within the scope of the authority given by the legislature; and
4. It must be reasonable

Delegation of legislative power to the President is permitted in Section 28 (2) of Article VI of the
Constitution. It provides:

(2) 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
Government.

The relevant statutes to execute this provision are:

● The Tariff and Customs Code
- Authorizes the President, in the interest of national economy, general welfare and/or
national security, to, inter alia, prohibit the importation of any commodity.
● Executive Order No. 226, the Omnibus Investment Code
- Empowers the President to approve or reject the prohibition on the importation of any
equipment or raw materials or finished products.

● Republic Act No. 8800, Safeguard Measures Act (SMA)

 - Designated the Secretaries of the Department of Trade and Industry (DTI) and the
Department of Agriculture, in their capacity as alter egos of the President, as the
implementing authorities of the safeguard measures, which include, inter alia,
modification or imposition of any quantitative restriction on the importation of a product
into the Philippines.

Anent 1st requisite, EO 156 satisfies it. It has both constitutional and statutory bases.
Anent 2nd requisite, the order must be issued or promulgated in accordance with the prescribed
procedure, it is necessary that the nature of the administrative issuance is properly determined.

Commissioner of Internal Revenue v. Michael K; Lhuillier Pawnshop, Inc.

The Court enunciated the doctrine that when an administrative rule goes beyond merely providing
for the means that can facilitate or render less cumbersome the implementation of the law and
substantially increases the burden of those governed, it behooves the agency to accord at least to
those directly affected with a chance to be heard and, thereafter, to be duly informed, before the
issuance is given the force and effect of law.

Anent 4th requisite, administrative authorities should not act arbitrarily and capriciously in the
issuance of rules and regulations. To be valid, such rules and regulations must be reasonable and fairly
adapted to secure the end in view.

Taxicab Operators of Metro Manila, Inc. v. Board of Transportation

A regulation phasing out taxi cabs more than six years old is a valid exercise of police power. The
regulation was sustained as a reasonable holding that the purpose thereof was to promote the
convenience and comfort and protect the safety of the passengers

Dela Cruz v. Paras

The Court held as unreasonable and unconstitutional an ordinance characterized by overbreadth.

Lupangco vs CA
PRC prohibited examinees from attending review classes and receiving handouts 3 days before the
accounting exam. Besides being unreasonable and violative of academic freedom:
Enforcement of this resolution is not a guarantee that leakages will be avoided
The measure was found to be more sweeping than necessary (how) - like uprooting a tree to get rid
of the rotting branch. Instead, find out the source of corruption - hold accountable the corrupt
officials, flush out swindlers and fixers, revoke licenses etc.

Lucena Grand Terminal v. Jac Liner

Unreasonable and overbreadth (overly broad)
A certain city ordinance was declared such for granting a 25- year exclusive franchise to one entity for
construction and operation of one common bus and jeepney terminal in Lucena
 The Ordinance was held to be beyond what is reasonably necessary to solve the traffic problem of the
city.

DAR v. Sutton
While admin rules have the force and effect of law, they are not immune to judicial review. They are
subject to cases for review in the Court when it seems there is a violation of the Constitution or
GADALEJ from the issuing agency.
DAR AO 9 wanted to include in its regulation the classification of “livestock farms.” However, upon
determining the intentions of the constitution, all lands EXCLUSIVELY devoted to livestock, swine and
poultry-raising (farm animal raising in general) are not “agricultural activities” but are “industrial
activities.” DAR has no power to regulate livestock farms which have been exempt by the constitution
from the coverage of agrarian reform

Natalia Realty Inc v. DAR

Industrial, commercial and residential lands are not covered by the CARL. Portions of Antipolo Hills
Subdivision have already been classified as residential even though arable and undeveloped. Thus,
such lands are not subject to Comprehensive Agrarian Reform Law

In Dar v. Sutton, what the CARL prohibits is the conversion of agricultural lands into industrial lands
after the effectiveness of CARL. Such was not the case for respondents. Nevertheless, AO 9 was
deemed unconstitutional.

Maxima Realty Management and Dev Corp. v Parkway Real Estate Dev Corp
A Presidential Decree, being a statute, is superior to an administrative rule. Pres Dec states that the
period of appeal is 15 days. The period of appeal of 30 days set forth in Sec 27 of HLURB 1994 Rules
of Procedure is void for being in conflict with Presidential Decree No. 957

Difference between Administrative Rule and Administrative Interpretation

● Admin rules (Admin Orders) have the force of law
o The rules are binding on the courts EVEN IF they contravene what the policy
(interpretation) says.
● Administrative Interpretations or opinions are merely advisory

Supreme Court Rule Making Power

1. Promulgate rules concerning the protection and enforcement of Constitutional rights, pleading,
practice, and procedure in all courts
2. Admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged

These rules shall:

1. Provide a simplified and inexpensive procedure for the speedy disposition of cases
 2. Be uniform for all courts of the same grade
3. Shall not diminish, increase, or modify substantive rights

Without the advice and concurrence of the SC, statutes that allow appeal from a quasi-judicial
body to the Supreme Court are unconstitutional (Art. 8, sec.5 (5)).

The SC cannot make substantive laws. Its rule-making powers are only for procedural ones. The
legislature can make substantive and procedural laws.

If a rule creates or takes away a right, it is not procedural. If it is merely operational on a given
right, it is so (e.g. procedure on appeal).

IV. Legislative Power of LGU’s

Ordinances - barangay, municipal, city, provincial

Substantive requisites for validity of ordinances - Lagcao v. Labra

- Within the corporate powers of the city or municipality
- Passed according to procedure prescribed by law
1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
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

Barangay Ordinances via Sangguniang (council) Barangay

- subject to review by the Sangguniang Bayan/Panlungsod
- presumed consistent with city/municipality ordinances if not acted upon by thy Sangguniang
Panlungsod within 30 days
- If found inconsistent, the barangay ordinance will be suspended.

Provincial Ordinance Via Sangguniang Panlalawigan

- Majority vote of quorum to enact ordinance - must be acted upon by the governor within fifteen
days from submission, otherwise deemed approved

E. VALIDITY OF STATUE

Presumption of constitutionality
⮚ EVERY statute is presumed valid. One consideration is that the people (Legislature, President) who
approved the law deemed such to be constitutional.
⮚ To declare a law unconstitutional, the repugnancy of the law must be clear and unequivocal - it
must be struck down if the statute allows something that the constitution prohibits.
 ⮚ There must be a clear and unequivocal breach of the Constitution, not a doubtful or
argumentative implication.
⮚ Laws shall not be declared invalid unless the conflict with the constitution is CLEAR BEYOND A
REASONABLE DOUBT. All reasonable doubts should be ruled in favor of constitutionality.

Laws are declared unconstitutional by final authority of the SC sitting en banc by the concurrence of a
majority of the members who participated in the deliberations and voted thereon.
Nonetheless, LOWER COURTS have jurisdiction to initially decide the issue of constitutionality of a law in
appropriate cases. But it would be prudent for the lower court to defer to the SC.

REASONABLE DOUBT
● Reasonable doubt is established by investigating and gathering evidence, including testimony, if
appropriate, to prove that an accuser did not commit the crime they are accused of. Lawyers must
use all legal avenues to pursue the truth and prove beyond reasonable doubt that their client is
innocent.

The final authority to declare a law is unconstitutional -- is the Supreme Court "en banc" by the
concurrence of a majority of the members who actually took part in the deliberations on the issues in
the case and voted thereon.

• Final arbiter of unconstitutionality of law is the Supreme Court EN BANC (majority who took part
and voted thereon)
• Nonetheless, trial courts have jurisdiction to initially decide the issue of constitutionality of a law in
appropriate cases.

REQUISITES OF JUDICIAL REVIEW

Before the court may resolve the question of constitutionality of a statute, the following requisites should
as a rule be present:
a. The existence of an appropriate case
b. Interest personal and substantial by the party raising the constitutional question
c. Plea that the function be exercised at the earliest opportunity
d. Necessity that the constitutional question be passed upon in order to decide the case

a. APPROPRIATE CASE

The case in which the question of constitutionality of a statute is raised:

● Bona fide case – one which raises a justiciable controversy (Bona fide - in good faith, honestly
without fraud or deceit)
● Judicial power is limited only to real, actual, earnest, and vital controversy
● Controversy is justiciable when it refers to matter which is appropriate for court review; pertains
to issues which are inherently susceptible of being decided on grounds recognized by law
 ● Courts cannot rule on “political questions” – questions which are concerned with issues
dependent upon the wisdom not the legality of a particular act or measure being assailed.

“Separation of powers”
- The political question being a function of the separating powers, the courts will not normally
interfere with the workings of another co-equal branch unless the case shows a clear need for the
courts step in to uphold the law and the Constitution

However, Constitution expands the concept of judicial review – "The Judicial power includes the 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 branch or the part of any branch/ instrumentality of the Government"

b. STANDING TO SUE

Legal standing or locus standi

- Personal/ substantial interest in the case such that the party has sustained or will sustain direct
injury as a result of governmental act that is being challenged:
● “Interest”
- An interest in issue affected by the decree
● Citizen
- Acquires standing only if he can establish that he has suffered some actual or threatened
concrete injury as a result of the allegedly illegal conduct of the government; the injury is
fairly traceable to the challenged action; injury is likely to be redressed by a favorable
action.
● E.g. taxpayer – when it is shown that public funds have been illegally disbursed
● Member of the Senate or of the House has legal standing to question the validity of the
Presidential veto or a condition imposed on an item in an appropriations bills
● SC may, in its discretion, take cognizance (admission, right of taking jurisdiction) of a suit
which does not satisfy the requirement of legal standing
● E.g. calling by the President for the deployment of the Philippine Marines to join the PNP in
visibility patrols around the metro

Not every person or taxpayer can question the constitutionality of a law. That rule is that a person
who questions the validity of a statue must show that he has sustained or is in immediate danger of
sustaining some direct injury as a result of its enforcement.

When the asserted harm is a generalized grievance shared in substantially equal measure by all or a
large class citizen, that harm alone does not warrant exercise of jurisdiction. Without such direct
injury, the petition challenging the validity of a law states no cause of affection and should be
dismissed.
 E.g. Taxpayers may bring an action to restrain officials from wasting public funds through the
enforcement of an invalid or unconstitutional law.

c. WHEN TO RAISE CONSTITUTIONALITY

⮚ At the earliest possible opportunity – i.e. in the complaint or in the answer to the complaint
⮚ If the question is not raised in the pleadings, it will not be raised in trial, if not raised in trial, will not
be considered on appeal.
Except:
▪ In a motion for reconsideration / new trial in the lower court; or
▪ in criminal cases – at any stage of the proceedings or on appeal
▪ in civil cases, where it appears clearly that a determination of the question is necessary
to a decision, and in cases where it involves the jurisdiction of the court below

- Constitutional questions will not be entertained by courts unless they are specifically raised, insisted upon
and adequately argued.

d. NECESSITY OF DECIDING CONSTITUTIONALITY

Where the constitutional question is of paramount public interest and time is of the essence in the
resolution of such question, adherence to the strict procedural standard may be relaxed and the
court, in its discretion, may squarely decide the case

Where the question of validity, though apparently has become moot, has become of paramount
interest and there is undeniable necessity for a ruling, strong reasons of public policy may demand
that its constitutionality be resolved

OTHER POINTS ON THE ESSENTIAL REQUISITES FOR JUDICIAL REVIEW

Discussion on “Standing” to Sue

Standing
- Locus Standi or legal standing, a personal and substantial interest in the case such that the party
has sustained or will sustain direct injury as a result of its enforcement.
Merit
- Referring to a judgment, decision or ruling of a court based upon the facts presented in evidence
and the law applied to that evidence

There is a difference between the rule on "REAL PARTY - IN - INTEREST" and the "RULE on STANDING"
● Real party in interest is a concept of Civil procedure
● Rule on Standing (e.g. Chief Justice) - has constitutional underpinnings. (strong foundation)

It is important to note that standing because of constitutional and public policy underpinnings, is very
different from questions relating to whether a particular plaintiff is the real party in interest or has a
capacity to sue.
 On the other hand, the question as to "REAL PARTY IN INTEREST" is whether he is "the party who
would benefitted or injured by the judgement" or the "party entitled to the avails of the suit"

✔ When suing as a "Citizen" the interest of the petitioner assailing the constitutionality of a statute must
be direct and personal. He must be able to show, not only that the law or any government act is invalid,
but also he sustained or is in imminent danger of sustaining direct injury as a result of its enforcement.
⮚ 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 that he is about to be subjected to some burdens or penalties by reason of the statute or act
complained of.
⮚ When the proceeding involves the assertion of a public right, the mere fact that he is a citizen satisfies
the requirement of a personal interest.

✔ When suing as a "Taxpayer" he is allowed to sue where there is a claim that public funds are illegally
disbursed or that public money is being deflected to any improper use or that there is a wastage of public
funds through the enforcement of an invalid or unconstitutional law
⮚ Before he can invoke the power of judicial review, he must specifically prove that he has sufficient
interest in preventing the illegal expenditure of money raised by taxation and that he would sustain a
direct injury as a result of enforcement of the questioned statute

✔ When suing as a "Legislator" he is allowed to question the validity of any official action which he claims
infringes his prerogatives as a legislator.
⮚ This reason however, does not suffice to clothe it with standing, its interest is too general, It is shared
by other groups and the whole citizenry.

✔ When dealing with "Class Suits" - filed in behalf of all citizen, persons intervening must be sufficiently
numerous to fully protect the interests of all concerned to enable the court to deal properly with all
interests involved in the suit for a judgement in the class suit, whether favorable or unfavorable to the
class is under the "Res Judicata" principle, binding on all members of the class, whether or not they were
before the court.

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, as when the issues raised are of paramount
importance to the public. A party must, at the very least, still plead the existence of "personal and
substantial interest".

The motion of intervention under Rule 19 Section 2 of the Rules of Court requires an intervenor to possess
a legal interest in matter in litigation or in the success of either of the parties, or an interest against both
or is so situated as to be adversely affected by a distribution or other disposition of property in the custody
of the court or of an officer thereof.
RIPENESS and MATURITY
- For a case to be considered ripe for adjudication "it is a prerequisite that something had by then been
accomplished or performed by either branch before a court may come into the picture". Only then
the court may pass the validity of what was done, if and when the latter is challenged in an appropriate
legal proceeding.
- Related to the issue of ripeness is the question whether the instant petitions are premature.

JUSTICIABILITY

What is a Political question?

- A question of policy, those questions which under the Constitution are to be decided by the people
in their sovereign capacity or in regard to which full discretionary authority has been delegated to
the Legislature or executive branch of the Government.

During the 1973 Constitution, Supreme Court without consistency and seemingly without any rhyme
or reason, the Court were vacillated (uncertain/hesitant) in its stance on taking cognizance of cases
which involved political questions. In some cases, this court, hid behind the cover of political question
doctrine and refused to exercise its power of judicial review.

Political question doctrine:

- The "limitation on the power of judicial review to actual cases and controversies" carries the assurance that
"the courts will not intrude into areas committed to the other branches of government

During the 1973 Constitution, Supreme Court without consistency and seemingly without any rhyme
or reason, the Court were vacillated (uncertain/hesitant) in its stance on taking cognizance of cases
which involved political questions. In some cases, this court, hid behind the cover of political question
doctrine and refused to exercise its power of judicial review.

Example:

Estrada v. Desierto
Section 1, Article VIII of the 1987 Constitution cannot be any clearer: "The judicial power shall be vested in
one Supreme Court and in such lower courts as may be established by law. [It] includes the 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." In Estrada v. Desierto, the
expanded concept of judicial power under the 1987 Constitution and its effect on the political question
doctrine was explained as follows:
 To a great degree, the 1987 Constitution has narrowed the reach of the political question doctrine when it
expanded the power of judicial review of this court not only to settle actual controversies involving rights
which are legally demandable and enforceable but also 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 government. Heretofore, the judiciary has focused on the "thou shalt not's" of the Constitution directed
against the exercise of its jurisdiction. With the new provision, however, courts are given a greater
prerogative to determine what it can do to prevent grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of government. Clearly, the new provision did
not just grant the Court power of doing nothing. x x x (Emphases supplied)

It must also be borne in mind that "when the judiciary mediates to allocate constitutional boundaries, it does
not assert any superiority over the other departments; does not in reality nullify or invalidate an act of the
legislature [or the executive], but only asserts the solemn and sacred obligation assigned to it by the
Constitution." To a great extent, the Court is laudable cognizant of the reforms undertaken by its co-equal
branches of government.

But it is by constitutional force that the Court must faithfully perform its duty. Ultimately, it is the Court‘s avowed
intention that a resolution of these cases would not arrest or in any manner impede the endeavors of the two
other branches but, in fact, help ensure that the pillars of change are erected on firm constitutional grounds.
After all, it is in the best interest of the people that each great branch of government, within its own sphere,
contributes its share towards achieving a holistic and genuine solution to the problems of society. For all these
reasons, the Court cannot heed respondents‘ plea for judicial restraint.

During the Marcos regime, Chief Justice Concepcion who became a Constitutional Commissioner clarified
the Court's power of judicial review and its application issues involving political questions:

“It is clear that judicial power is not only a power, it is also a duty, a duty which cannot be abdicated by
the mere specter of this creature called political question doctrine” Chief Justice Concepcion hastened to
clarify, however that Section 1 of Article VIII was not intended to do away with “truly political questions”
From the clarification it is gathered that there are two species of political questions: (1) truly political
questions and (2) those which are not truly political questions”

TEST OF CONSTITUTIONALITY
- The test of constitutionality of a statute is what the Constitution provides in relation to what can or
may be done under the statute, and not by what it has been done under it.

A statute may be declared unconstitutional if:

⮚ It is not within the legislative power to enact
⮚ It creates or establishes methods or forms that infringe constitutional principles
⮚ Its purpose or effect violates the Constitution and its basic principles
⮚ When it allows something to be done by which fundamental law condemns or prohibits
 ⮚ When it attempts to validate a course conduct the effect of which the Constitution specially
forbids.
⮚ It is vague

A statute is vague when it lacks comprehensible standards that men of common intelligence must
necessarily guess at its meaning and differ in application.

Statute is repugnant to the Constitution in two respects:

1. It violates dues process for failure to afford the people fair notice of what conduct to avoid
2. Leaves law enforcers unbridled discretion in carrying out its provisions and becomes arbitrary
flexing the government muscle

Unbridled - unrestrained
Arbitrary - unrestrained and autocratic in the use of authority; based on random choice or personal whim,
rather than any reason or system; describes a course of action or a decision that is not based on reason or
judgment but on personal will or discretion without regard to rules

Tests of Validity:
⮚ It must not contravene the Constitution or any statute
⮚ It must not be unfair or oppressive
⮚ It must be not be partial or discriminatory
⮚ It must not prohibit but may regulate trade
⮚ It must be general and consistent with public policy
⮚ It must not be reasonable

Two views on the effects of a declaration of the unconstitutionality of a statute:

● Orthodox view
- An unconstitutional act
✔ is not a law;
✔ it confers no right;
✔ it impresses no duties
✔ It affords no protection
✔ It creates no office
✔ It is, in legal contemplation
✔ Inoperative as though it has never passed.
✔ It is therefore stricken from the statute books and considered never to have existed at all.

- Not all the parties but all persons are bound by the declaration of unconstitutionality, which
means that no one may therefore invoke it nor may the courts be permitted to apply it in
subsequent cases. It is in other words, a total nullity
● Modern view is less stringent
- The court in passing upon the question of unconstitutionality does not annul or repeal the statute
if it finds it in conflict with the Constitution.
- It simply refuses to recognize it and determines the rights of the parties just as if such statute
had no existence.
- The court may give its reasons for ignoring or disregarding the law, but the decision affects the
parties only and there is no judgment against the statute
- It does not strike the books from the statute books
- It does not repeal, supersede, revoke or annul the statute
- The parties to the suit are concluded by the judgment, but no one else is bound.

INVALIDITY due to CHANGE OF CONDITIONS

- A statute of this type belongs to the class of emergency laws
- It is deemed valid at the time of its enactment as an exercise of police power. It becomes invalid only
because the change of condition makes its continued operation violative of the Constitution, and
accordingly, the declaration of its nullity should affect only the parties involved and it effects applied
prospectively

PARTIAL INVALIDITY
- The exception of the general rule is that when the parts of a statute are so mutually dependent and
connected, as conditions, considerations, inducements, or compensations for each other as to
warrant a belief that the legislature intended them as a whole the nullity of one part will vitiate the
rest.

A tariff is a tax imposed by the government of a country or by a supranational union on imports or

exports of goods. Besides being a source of revenue for the government, import duties can also be a
form of regulation of foreign trade and policy that taxes foreign products to encourage or safeguard
domestic industry

F. EFFECT AND OPERATION

WHEN LAW TAKES EFFECT

- Article 2 of the Civil Code provides that laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is otherwise provided. Section 18
Chapter 5, Book I of the 1987 Administrative code provides that ‘’Laws shall take effect after fifteen
(15) days following the completion of their publication in the official Gazette or in a newspaper of
general circulation, unless otherwise provided.

WHEN PRESIDENTIAL ISSUANCES, RULES AND REGULATIONS TAKE EFFECT

- The President’s ordinance power includes the authority to issue executive orders, administrative
orders, proclamations, memorandum orders, memorandum circulars and general or special
 orders. The requirements of publication as a condition for the effectiveness of statutes applies to
Presidential issuances, which means that they should be published in the official Gazette.

Generally, rules and regulations issued by administrative or executive officers are of two types, namely:
● Those whose purpose is to enforce or implement existing law pursuant to a valid delegation or to
fill in the details of a statute. This type requires publication to be effective.
● Those which are merely interpretative in nature or merely internal in character not concerning
the public. These do not need to be published.

WHEN LOCAL ORDINANCE TAKES EFFECT

a. Otherwise stated in the ordinance or the resolution the, local development plan and public
investment program, the same shall take, effect after ten (10) days from the copy thereof is
posted in a bulletin board at the 'entrance of the provincial capitol or city, municipal or barangay
hall.
b. The secretary to the sanggunian concern shall cause the posting of an ordinance or resolution in
the bulletin board at the entrance of the provincial capitol and the city, municipal or barangay
hall in at least two (2) conspicuous places in the, local 'government unit concerned not later than
five (5) days after approval.
c. The gist of all ordinances with penal sanctions shall be published in a newspaper of general
circulation within the province where the local legislative body concerned belongs.
d. In the case of highly urbanized and independent component cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published
once in a local newspaper of general circulation within the city.

STATUES CONTINUE IN FORCE UNTIL REPEALED

Statutes may be permanent and permanent or temporary.
Permanent statues, as implied by the name, shall be in force until repealed

Temporary statutes
● are those that, according to their provisions, are in force only for a limited period,
● terminate upon the expiration of the term therein stated or upon the occurrence of certain
events.
No repealing statute is necessary to bring a temporary law to an end.

TERRITORIAL and PERSONAL EFFECTS OF STATUTES

"Nothing is better settled than that the Philippines being independent and sovereign, its authority
may be exercised over its entire dominion. There is no portion thereof that is beyond its power. Within
its limits, its decrees· are· supreme; its commands paramount. “(Reagan vs. CIR)

MANNER OF COMPUTING TIME

- The Civil Code adopts the 365-day year and the 30-day month, not the calendar year nor the solar or
civil month. Hence, a year is to be considered to have 365 days even if that particular year is a leap
year with an extra day in it.280 In computing years, the first year is reached after completing the first
365 days. After the first 365th day, the first day of the second 365-day cycle begins. On the 365th day
of the second cycle, the pel1'lon turns two years old. The cycle goes on and on in a lifetime. (Garvida
vs. Sales Jr.)