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MODULE 8

ARTICLE VI. LEGISLATIVE DEPARTMENT

Legislative power - the power to propose, enact, amend and repeal

make laws; it is vested in the Congress (House of Representatives and the
Senate); Exception: to the people - initiative and referendum in Section 32.

The Congress also performs powers of non-legislative nature such as the

following:
1. Power to confirm presidential appointments. (Sec. 16, Art. VII)
2. Power of impeachment. (Sec. 3, Art. XI)
3. In case the verified complaint or resolution of impeachment is filed by
at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment. (Sec. 3(4), Art. XI)
4. The Senate shall have the sole power to try and decide all cases of
impeachment. (Sec. 3(6), Art. XI)
5. Power to declare the existence of a state of war. (Sec. 23(1), Art. VI)
6. Power to concur or confirm an amnesty granted by the President. (Sec.
19(2), Art. VII)
7. Power to canvass the votes based on the return of every election for
President and Vice-President. (Sec. 4 (4), Art. VII)
8. Power to propose amendment or revision of the Constitution upon a
vote of three-fourths of all the members of the Congress. (Sec. 1, Art.
XVII)
9. Power to ratify treaties granted to the Senate. (Sec. 21, Art. VII)

Sec. 32, Art. VI on initiative and referendum

Sec. 32. The Congress shall, as early as possible, provide for a system of initiative
and referendum and the exceptions therefrom, whereby the people can directly

propose and enact laws or approve or reject any act or law of part
thereof passed by the Congress or local legislative body after the registration of a
petition therefor signed by at least ten percentum of the total number of
registered votes, of which every legislative district must be represented by at
least three per centrum of the registered voters thereof.

Initiative – is the power of the people to propose amendments to the

Constitution or to propose or enact legislation through an election called for the
purpose.

Referendum – is the power of the electorate to approve or reject legislation

through an election called for the purpose.

Difference between referendum and plebiscite

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Referendum is merely consultative in character. It is simply a

means of assessing public reaction to the given issues submitted to the
people for their consideration, the calling of which is derived from or within the
totality of the executive power of the President. It is participated in by all
citizens from the age of fifteen, regardless of whether or not they are
illiterates, feeble-minded, or ex-convicts.
Plebiscite involves the constituent of those citizens of the Philippines not
otherwise disqualified by law, who are eighteen years of age or over, and
who shall have resided in the Philippines for at least one year and in the place
wherein they propose to vote for at least one year and in the place wherein they
propose to vote for at least six months preceding the election. It is generally
associated with the amending process of the Constitution, more
particularly the ratification aspect.

Three Systems of Initiative

1. Initiative on the Constitution-amendments to the
Constitution
2. Initiative on Statutes-national legislation
3. Initiative on Local Legislation – regional, provincial, city or
municipal or barangay law, resolution or ordinance

Two Kinds of Referendum

1. Referendum on Statutes – petition to approve or
reject an act or law, or part thereof, passed by
Congress
2. Referendum on local laws – petition to approve or
reject a law, resolution or ordinance enacted by
regional assemblies and local legislative bodies.

Classification/Kinds of legislative power

Original – possessed by the sovereign people; it is a legislative power

vested in and exercised by the sovereign electorate.
Derivative – that which has been delegated by the sovereign people to
legislative bodies and is subordinate to the original power of the people.
Constituent – which is the power to amend or revise the
Constitution (by the people –through amendatory process); and
Ordinary – which is the power to pass ordinary laws; exercised
solely by the Congress (by the people – initiative and referendum)

N.B. A member of the House of Representatives of the Senate

introduce any kind of bill subject to the following conditions:
1. All appropriation, revenue or tariff bills, bills authorizing increase of
the public debt, bills of local application, and private bills shall originate
exclusively in the House of Representatives but the Senate may propose or
concur with amendments.
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2. Ex post facto laws, bills of attainder, or laws impairing the obligation of

contracts cannot be enacted.
3. Other inhibitions and limitations imposed by the Constitution shall be
respected.

Cases: Municipality of San Juan, Metro Manila vs. CA, et al., G.R. No.
125183, September 29, 1997
Kilusang Mayo Uno, et al. vs. The Director General, NEDA, et
al., G.R. No. 167798, April 19, 2006
Metropolitan Development Authority vs. Dante O. Garin, G.R.
No. 130230, April 15, 2005

Delegation of Emergency Powers to the President, Sec. 23 (2), Art.

VI, 1987 Constitution

Conditions for Granting Emergency Powers (WALINARE)

1. There must be war or other national emergency.
2. Must be for a limited period.
3. The emergency powers must be exercised to carry out a national policy
declared by Congress;
4. The delegation must be subject to such restrictions as the Congress may
prescribe.

Limitations on Legislative Power (Substantive and Procedural

Limitations)
Substantive - limits the contents of a law; the limitation is
substantive because if the provision of the law will curtail constitutional rights,
the same is unconstitutional. Ex. No law may be passed which impairs
freedom of speech.
Procedural - curtail the manner of passing laws; even if the law
does not violate constitutional provisions but it is not passed and approved in
accordance with prescribed procedure, the same is questionable and it may not
be given force and effect. Ex: a bill must generally be approved by the
President before it becomes a law.

Exceptions to the Rule on Delegation of Powers:

1. Tariff Powers
2. Emergency Powers
3. Delegation to the People
4. Delegation to Local Governments
5. Delegation to Administrative Bodies

Delegation to Administrative Agencies by the Congress

What is delegated to administrative agencies is merely the power to
make and issue rules, not the power to make or pass laws. In cases involving
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the issue of whether or not there was a valid delegation of power, our courts have
to find out the following:
1. Is the law which delegates powers complete in itself, or does it not set
for the policy to be executed by the delegate? (Completeness Test)
2. Does the law fix standard limits which are sufficiently determinate of
determinable to which the delegate must conform? (Sufficient Standard
Test)

A statute is complete when the subject, the manner and the

extent of its operation are therein stated. It is for this reason that the
legislature should clearly state the legislative policy to be implemented by the
delegate who should implement the same and the scope of authority to the
delegate.
A sufficient standard not only defines the policy fixed by the legislature
but also marks its limits by specifying the extent of the authority of the delegate
as well as the conditions under which the said policy should be implemented.

Composition of Congress - Senate and a House of Representatives.

Bicameralism vs. Unicameralism

Bicameralism allows for a body with a national perspective to check the

parochial tendency of representatives elected by district; allows for more careful
study of legislation; makes the legislature less susceptible to control by the
Executive and serves as training ground for national leaders.

Unicameralism - simplicity of organization resulting in economy and

efficiency, facility in pinpointing responsibility for legislation, and
avoidance of duplication.

The Senate – Upper House

Composition - 24 senators

Qualifications

 Natural born citizen;

 At least 35 years of age (day of election);
 Able to read and write;
 Registered voter; and
 Resident of the Philippines for not less than two years
immediately preceding the day of the election.

Term of Office - Six years (Commencing on June 30 following their

election); cannot serve for more than two consecutive terms; voluntary
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renunciation of office for any length of time shall not be considered as an

interruption in the continuity of his service for the full term for which elected.

Staggering of Terms and its Rationale

One half or twelve of the senators would subsist and continue into the
succeeding Congress while the term of the other half or twelve (outgoing
Senators) would expire in the present Congress. This is designed to ensure
stability of governmental policies.

The House of Representatives – Lower House

Composition - not more than 250 members unless otherwise

provided by law, consisting of:
o District representatives – elected from legislative districts
apportioned among the provinces, cities and the Metropolitan Manila
area.

o Party-list representatives – who shall constitute 20% of the total

number of representatives, elected through a party-list system of
registered national, regional, and [sectoral parties] or
organizations.

o [Sectoral representatives – for three consecutive terms after the

ratification of the Constitution, one half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election
from the labor, peasant, urban poor, indigenous cultural communities,
women, youth and such other sectors as may be provided by law, except
the religious sector]. (These will exist only for three consecutive
terms after the ratification of the Constitution)

Party List System

- Registered national, regional and sectoral parties or organizations submit
a list of candidates arranged in the order of priority;
- During congressional elections, such parties or organizations are voted
for at large, and the number of seats a party or organization will get, out
of the twenty percent allocated for party-list representatives, will depend
on the number of votes garnered nationwide.
- It is aimed to democratize political power by encouraging the
growth of multi-party system.

Number of Party-List Representatives

Each registered party organization or coalition shall submit to the
COMELEC at least five qualified nominees.

Manner of Allocating Seats for Party List Representatives

Sec. 11, R.A. No. 7941
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1. The parties, organizations and coalitions shall be ranked from the

highest to the lowest based on the number of votes they
garnered during the election;
2. The parties, organization and coalitions receiving at least 2% of the
total votes cast for the party-list system shall be entitled to one
guaranteed seat each;
3. Those garnering sufficient number of votes according to the ranking in
paragraph 1 shall be entitled to additional seats in proportion to their
total number of votes until all additional seats are allocated; and
4. Each party, organization or coalition shall be entitled to not
more than three seats.

Case: Banat vs. COMELEC, G.R. No. 179295, April 21, 2009

National, regional or sectoral parties, organizations or

associations that are disqualified:
1. religious sect or denomination, organization or association
organized for religious purposes;
2. it advocates violence or unlawful means to seek its goal;
3. it is a foreign party or organization;
4. it is receiving support from any foreign government, foreign
political party, foundation, organization, whether directly
or through any of its officers or members, or indirectly
through third parties, for partisan election purposes;

Case: Ang Ladlad vs. COMELEC, G.R. No. 190582, 4/8/10

Apportionment- in accordance with the number of respective

inhabitants (among provinces, cities and Metro Manila area) on basis of a
uniform and progressive ratio. But each city with not less than 250,000
inhabitants shall be entitled to at least one representative and each
province, irrespective of number of inhabitants, is entitled to at least
one representative.

Reason for the Rule

Each legislative district shall comprise, as far as practicable contiguous
(sharing a common border, touching), compact and adjacent territory. This is
intended to prevent gerrymandering.

Reapportionment
Congress to make reapportionment of legislative districts within
three years following the return of every census.

Gerrymandering
Is the formation of one legislative district out of separate
territories for the purpose of favoring a candidate or a party, is not
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allowed. The Constitution says that each district shall “comprise, as far as
practicable contiguous, compact and adjacent territory.”; manipulating the
boundaries of an electoral constituency so as to favor one party or class; named
after E. Gerry the governor of Masachussetts.

Qualifications of District Representatives

(1) Natural born Filipino citizen;
(2) At least 25 years of age on the day of election;
(3) Able to read and write;
(4) A registered voter in the district in which he shall be elected, and a
resident thereof for not less than one year immediately
preceding the day of the election.

Term of Office – 3 years, shall not serve for more than three
consecutive terms; voluntary renunciation of the office for any length of time
shall not be considered as an interruption of any continuity of his service for the
full term for which he was elected.

CASE: Quinto vs. COMELEC, G.R. No. 189698, December 1, 2009

Election
Regular Election – second Monday of May, unless otherwise provided by
law
Special Election – to fill a vacancy, but elected member shall serve only
for the unexpired portion of the term

Cases: Ocampo vs. HRET, G.R. No. 158466, June 15, 2004
Tolentino vs. COMELEC, G.R. No. 148334, Janu1ry 21,2004

Salaries - Increase in salary cannot take effect until the following term. Its
purpose it so place a “legal bar to the legislators’ yielding to the natural
temptation to increase their salaries. However, increase in emoluments
(allowance, stipend, honorarium) is allowed. What is prohibited is increase in
compensation or salaries.

Privileges

1. Freedom from arrest or parliamentary immunity of arrest

(Parliamentary Immunity of Arrest)
A Senator or member of the House of Representatives shall, in all
offenses punishable by not more than six years imprisonment, be
privileged from arrest while the Congress is in session. It is available
while the Congress is in session, whether regular or special and
whether or not the legislator is actually attending a session. Hence, it
is not available while Congress is in recess. It is not made available
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during recess since the purpose of the privilege is to protect the legislator against
harassment which will keep him away from legislative sessions.

This is reinforced by Art. 145, RPC on violation of parliamentary

immunity.

2. Parliamentary privilege of speech and of debate

No member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or in any committee thereof, but
the member of the Congress may be held to account for such speech or debate by
the House to which he belongs.

Scope of the Privilege

The privilege is a protection only against forums other than the Congress
itself.

Purpose of Privilege – for unimpeded performance of his duties and

free from fear of harassment from outside.

Disqualifications/Prohibitions
1. Incompatible Office – holding any other office or
employment in the Government or any
subdivision, agency or instrumentality thereof,
including government owned or controlled
corporations or their subsidiaries during his
term (without forfeiting his seat)

Prohibition from holding any other office or employment in the

government, or any subdivision, agency or instrumentality thereof including
government-owned or controlled corporations or their subsidiaries during his
term without forfeiting his seat. In order to accept an appointment in the
government, he must resign.

2. Forbidden Office – ban against appointment to the

office created or the emoluments thereof
increased during the term for which he is elected
(this is only for the duration of the term for which the
member of the Congress was elected)

A member of the Congress cannot accept appointment to an office, which may

have been created or the emolument of which may have been increased during
his term, and this, even if he had already resigned when the office was
created or the emolument increased.

On disclosure of financial and business interest

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Full disclosure of their financial and business interests. They shall notify
the House concerned of a potential conflict of interest that may arise from the
filing of a proposed legislation of which they are authors.

Case: Liban vs. Gordon, G.R. No 175352, June 15, 2009

Other Prohibitions

1. Cannot personally appear as counsel before any court of justice or

before the electoral tribunals, or quasi-judicial and other administrative bodies.

2. Cannot be directly or indirectly interested financially in any contract

with, or in any franchise or special privilege granted by the government or any
subdivision, agency, or instrumentality thereof including any government-
owned or controlled corporation or its subsidiary during his term of office.

3. Cannot intervene in any matter before any office of the government for
his pecuniary benefit or where he may be called upon to act on account of his
office.

Special Session vs. Regular Session

A special session is one called by the President while the legislature

is in recess at any time, usually to consider legislative measures which the
President may designate in his call.

A regular session is one convened once every year on the fourth

Monday of July, unless a different date is fixed by law and shall continue for
such number of days as it may determine until thirty days before the opening of
the next regular session.

Joint Sessions
Voting Separately
1. Choosing the President (Sec. 4, Article VII)
2. Determining the President’s Disability (Sec. 11, Article VII)
3. Confirming Nomination of the Vice-President (Sec. 9, Art. VII)
4. Declaring the existence of a state of war (Sec. 23, Art. VII)
5. Proposing constitutional amendments (Sec. 1, Art. VII)

Voting Jointly:
1. Revoke or extend proclamation suspending the privilege of
the writ of habeas corpus;
2. Placing the Philippines under martial law.

Election and Officers

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Officers of the Congress-

The Senate President, the Speaker of the House of Representatives, and
such other officers as each House may deem necessary.

Quorum
A majority of each House, but a smaller number may adjourn from day to
day and may compel the attendance of absent members in such manner and
under such penalties as such House may determine.

Rules of Proceedings
Each House may determine the rules of its proceedings.

Discipline of Members
House may punish its members for disorderly behavior and with the
concurrence of 2/3 of its members, suspend (for not more than 60 days)
or expel a member.

Disciplinary action taken by Congress is not subject to judicial review

because each House is the sole judge of what disorderly behavior is.

Legislative Journal
Each house shall keep a Journal of its proceedings and from time
to time publish the same, excepting such parts as may, in its
judgment, affect national security, and the yeas and nays on any
question shall, at the request of one-fifth of the members present, be
entered in the Journal.

Purposes of keeping a Journal

(a) To insure publicity to the proceedings of the legislature and a
correspondent responsibility of the members to their respective
constituents.
(b) To provide proof of what actually transpired in the legislature.

Congressional Record
Each House shall also keep a record of its proceedings.

Enrolled Bill Theory

Under the enrolled bill doctrine, the signing of the house bill by the
Speaker of the House and the President of the Senate and the
certification by the secretaries of both Houses of Congress that it was
passed on a certain date are conclusive of its due enactment. (Arroyo
v. De Venecia, G.R. No. 127255, Aug. 14, 1997)

An enrolled bill is one duly introduced and finally passed by both

Houses, authenticated by the proper officers of each, and approved by the
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President. The enrolled bill is conclusive upon the courts as regards the
tenor of the measure passed by Congress and approved by the
President.

Journal Entry vs. Enrolled Bill – enrolled bill prevails except as to matters,
which under the Constitution must be entered into the journal.

Purposes of keeping a Journal

(c) To insure publicity to the proceedings of the legislature and a
correspondent responsibility of the members to their respective
constituents.
(d) To provide proof of what actually transpired in the legislature.

N.B. The Constitution exempts from publication only such matters

that affect national security. The value of the Journal as evidence is
conclusive upon the courts.

Electoral Tribunal - the sole judge of all contests relating to election,

returns and qualifications of the members of the Congress

The Electoral Tribunal of each House is the sole judge and neither the Supreme
Court nor Each House of Congress nor the COMELEC can interfere.

Case: Sampayan vs. Daza, 213 SCRA 807

Composition of each electoral tribunal- 9 members, three of whom

shall be Justices of the Supreme Court to be designated by the Chief Justice and
the remaining six shall be members of the Senate or the House of
Representatives, as the case may be. (3+6)

The Supreme Court cannot review the decisions of the electoral

tribunal except when the tribunal’s resolution was rendered without
or in excess of its jurisdiction.

Commission on Appointment (24 [12+12] and Chair)

- Senate President as Chairman, 12 senators and 12 members of

the House of Representatives elected by each House according to
proportional representation of the parties or organizations
registered under the party-list system represented therein. Total
composition is 25, but the Chairman votes only to break a tie.

The Commission must act on all appointments submitted to it within 30

session days from submission. It shall decide by majority vote.
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Powers of Congress
(a) General (Plenary) legislative power – the power to
propose, enact, amend and repeal laws.
(b) Power of Appropriation – spending power, power of the
purse
(c) Power of Taxation
(d) Power of Legislative Investigation – in aid of legislation
(e) Question Hour – power of either House to request the
heads of departments with the consent of the President,
to appear before and be heard by such House on any
matter pertaining to their departments; to obtain
information in pursuit of Congress’ oversight function
(f) War Powers –vote of 2/3 of both houses in joint session
(g) Power to Act as Board of Canvassers in election of
President
(h) Power to call a special election for President and Vice-
President
(i) Power to Judge President’s Physical Fitness to
Discharge the Functions of the President
(j) Power to revoke or extend suspension of the privilege of
the writ of habeas corpus or declaration of martial law.
(k) Power to concur in Presidential amnesties –
concurrence of majority of Congress
(l) Power to Concur in Treaties or international agreements
– at least 2/3 of all the members of the Senate.
(m) Power to confirm certain appointments/nominations
made by the President

Nomination made by the President in the event of a vacancy in the

Office of the Vice President from among the members of the
Congress, confirmed by a majority of all the members of both Houses
voting separately.
Nominations made by the President, confirmed by the Commission on
Appointments.
(n) Power of Impeachment – the House of
Representatives shall have the exclusive power
to initiate all cases of impeachment (President,
Vice-President, Members of the Constitutional
Commissions, Members of the Supreme Court, and the
Ombudsman)
(o) Power relative to natural resources – The
Congress, may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as
cooperative fish farming with priority to subsistence
fishermen and fishworkers in rivers, lakes bays and
lagoons. The Congress shall be notified by the President
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of every contract entered into by him involving foreign-

owned corporations, technical or financial assistance for
large-scale exploration, development and utilization of
minerals, petroleum and other mineral oils etc.
(p) Power to propose amendments to the
Constitution – amendments or revision of the
Constitution

Bill Requirements
1. Only one subject to be expressed in the title thereof
2. Appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate
exclusively from the House of Representatives
3. 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 firm have been distributed to the Members three days
before its passage, except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or emergency.

The bill becomes a law in any of the following:

1. President approves and signs it.
2. When Congress overrides the Presidential veto. (If President
disapproves the bill, he shall return the same, with his objections
thereto contained in his Veto Message, to the House of origin). The
veto is overridden upon a vote of 2/3 of all members of the
House of origin and the other House.
As a rule, a partial veto is invalid. It is allowed only for
particular items in an appropriation, revenue
or tariff bill.
3. When the President fails to act upon the bill for thirty days from
receipt thereof, the bill shall become a law as if he has signed it.

Power of Appropriation
The spending power, called the power of the purse belongs to
Congress, subject only to the veto power of the President.

No money shall be paid out of the treasury except in pursuance of an

appropriation made by law.

Appropriation Law
A statute the primary and specific purpose of which is to authorize the
release of public funds from the Treasury.

Classification:
1. General appropriation law – passed annually, intended to provide
for the financial operations of the entire government during
one fiscal period.
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2. Special appropriation law – designed for a specific purpose

Appropriations must be devoted to public purpose.

Power of Taxation
Limitations:
1. Rule of taxation shall be uniform and equitable. Congress shall
evolve a progressive system of taxation.
2. Charitable institutions, etc. and all lands, building and improvements
actually, directly and exclusively used for religious, charitable
or educational purposes shall be exempt from taxation.
3. All revenues and assets of non-stock, non-profit educational
institutions used actually, directly and exclusively for
educational purposes shall be exempt from taxes and duties.
4. Law granting tax exemption shall be passed only with concurrence of
all the majority of all the members of Congress.

Power of Legislative Investigation

The Congress or any of its respective committees may conduct
inquiries in aid of legislation in accordance with its duly published
rules of procedure. The rights of persons appearing in or affected by such
inquiries shall be respected.

Case: Bengzon vs. Senate Blue Ribbon Committee, G.R. No 89914,

November 20, 1991

Conditions when emergency powers may be delegated to the

President
In times of war or other national emergency, the Congress may
by law authorize the President for a limited period and subject to
such restrictions as it may prescribe to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such power shall cease upon the next
adjournment thereof.

Government Appropriations
All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate
exclusively in the House of Representatives, but the Senate may
propose or concur with amendments. The Congress may not increase the
appropriation recommended by the President for the operation of the
government as specified in the budget.

Rules on special appropriations

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A special appropriations bill shall specify the purpose for which it is

intended and shall be supported by funds actually available as certified by the
National Treasurer, or to be raised by a corresponding revenue proposal therein.

Rule on discretionary funds

Discretionary funds appropriated for particular officials shall be
disbursed only for public purposes to be supported by appropriate vouchers and
subject to such guidelines as may be prescribed by law.

Bill Requirements

Nature and purpose of the rule on title and subject of bill

The requirement that “Every bill embrace only one subject which
shall be expressed in the title thereof” is mandatory

No bill passed by either House shall become a law unless it has passed by
three readings on separate days, and printed copies thereof in its final form
have been distributed to its members three days before its passage, except when
the President certifies to the necessity of its immediate enactment to meet a
public calamity or emergency.

Presidential approval and/or veto

What are the steps before a bill becomes a law?
First, it must be approved by the Congress. Second, it must be
approved by the President. Approval by the President may be by positive
act or by inaction. The President shall communicate his veto of any bill to the
House where it originated within 30 days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.

How may a bill vetoed by the President become a law?

If after such reconsideration, 2/3 of all the members of such House
shall agree to pass the bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered, and if approved by 2/3
of all the Members of that House, it shall become a law.

May the President partially approve a bill?

As a general rule, NO. If the President disapproves a bill approved by
Congress, he should veto the entire bill. It is only in the case of
appropriation, revenue and tariff bills (tax imposed on imported goods
and services) that he is authorized to exercise item-veto.

What is the effect of an invalid veto?

It is without effect. It is as if the President did not act on the bill at all.
Hence, the bill becomes a law by executive inaction.

May the publication of laws be dispensed with?

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No. Publication in every case is indispensable. However, the legislature

has discretion to determine the manner and duration of publication before
effectivity. Total omission of publication would be a denial of due process in
that the people would not know what laws to obey.

Case: Tañada vs. Tuvera, 146 SCRA 446 (1986

On Appropriations

Who has the control of the expenditure of public funds?

Congress. No money shall be paid out of the treasury except in pursuance
of an appropriation made by law.