 Creation of Statutes

o Drafting of Bill – Congress: (1) House of Representative (2) Senate

 Submitted to the secretary of the (1)House or (2) senate
o First Reading – plain reading of the TITLE AND CONTENT
 Secretary report the bill (draft)
o Refer to the appropriate committee – to study and recommendation
o Committee Hearing
 Calls appropriate sectors/public committees affected by the bill
 Committee may introduce amendments on the bill
 Debates and votes by the committee members
 OUTPUT: COMMITTEE REPORT and DRAFT BILL-favorable or unfavorable
recommendation
o Second Reading (favorable recommendation)
 Entire bill is read
 Debate in the whole house of the representative (national assembly-lower
house or plenary)
 Majority vote of the house must be created
 Decision must be created – be printed and distributed to ALL MEMBERS OF THE
HOUSE 3 calendar days before passing it to the 3rd reading
o Third Reading
 No more debate and amendments
 Votes of members – Generally, Simple Majority of quorum (Quorum is required)
 If in case there are amendments, this will go back to the first reading (origin of
the bill (1)house of rep or (2) senate)
o Submitted to the senate
 If there are separate versions of the bill are unreconciled they will form a
BICAMERAL COMMITTEE
 Bicameral Committee composes of representatives form both houses to discuss
and reconcile the bill.
 The Bicameral Amendments will go back to the origin house and be rartified
 Enrollment of the Bill
o Enrollment of the bill
 Senate president, senate secretary, speaker of the house and secretary of the
house signs the bill
 Submit the bill to the President
o President Signature
 `Veto - reject
 Approved - signs
 Implied approval – without approval within 30 days
 EFFECTIVE UPON PUBLICATION IN THE OFFICIAL GAZETTE
 PARTS OF AN STATUTE
o Title
o Preamble – purpose is to know the objective of the law, background, legal basis,
constitutional references.
o Definition of terms
o Body
o Transitory Clause (Not required for all) – clause kung pano, kelan at rules pano ittransit
process to another process. Transition Period
o Saving Clause – “Does not affect other rights laws and rules previously implemented”
o Separability Clause – Separate form other of the provision of the law
o Effectivity Clause – when mapapatupad

 Requisites before SC may resolve constitutionality:

1. Existence of appropriate case
 Must be Bona fide case – actual controversies
 Must be Justifiable case – refers to matters which is appropriate for the court to
review (example: political questions cannot be raised)
o 2. substantial and personal interest by the parties raising the question
 Locus Standi – the party has direct injury of the enactment.
 Must be material interest not incidental
 Must be actual or threatened injury
o 3. plea to exercise ASAP
 When to raise constitutionality?
 EARLIEST OPPORTUNITY means it should be raised in the
complaint/petition. Walang question na naraise sa pleading? Wala sa
trial. Pag wala sa trial? Di considered as appeal.
o Criminal Case – raised any time at the discretion of the court
(earliest= before arraignment through motion to quash)
o Civil case – raised any time of the case (earliest for the plaintiff =
during the initiatory pleading)
o Question about jurisdiction – any stage (except for estoppel)
 Although may cases na pwedeng matry separately or motion for
reconsideration in the lower courts if the motion is about nonexistence
of law nung finile yung complaint or during trial
o 4. the need to pass the question to decide a case
 Question on the validity may not be entertained if there are other way to decide
the case. Only will entertain if the question is unavoidable.
 When may the strict procedures be relaxed? Even if it become moot the public
may demand for resolution
 1. When it concerns public interest
 2. Time Is of the essence in resolution of such question.
  Di ibig sabihin matagal nang di pinansin, hindi na appropriate question. As long
as appropriately raised.

 Test of Constitutionality – laws may be strike if it allows something that is prohibited by the
fundamental law. The court cannot declare the invalidity of a law other than its constitutionality.
o Vague law – unconstitutional. Di maintindihan ng mga tao. Fails to reconcile with:
 Due process of law- di alam ng tao kung anong iiwasan nila
 Unbridled discretion of law enforcers – may be abused kasi baka mali
pagkakapply.
 Effects of unconstitutionality
o ORTHODOX VIEW – the law shall be declared as void and the constitution shall govern.
Not a law.
o SECOND VIEW – supreme court just ignore.
 Totally Declared Unconstitutional-
 First View – The act is not a law. UNENFORCEABLE
 Second view – Still a law but the SC may just ignore the existence of it.
The SC does not recognize it
 Partially Declared Unconstitutional
 Requisites (valid only if):
o Legislature is willing to retain the valid portion only (has
separability clause) -kahit walang separability clause pwede
naman maretain as long as separate yung provision in
substance.
o Valid portion can stand independently
 Partially Valid/Partially Void when SEPARABLE
o Separable – can stand on its own.

 Extent of Judicial Power to declare it unconstitutional

o General Rule: SC may declare a law unconstitutional
o Exception: SC has a restraint of declaring it absolutely unconstitutional if some parts of
the law are constitutional. (principle of separation of powers/cardinal rule).
o
 POWER OF JUDICIAL REVIEW – only courts can perform it.
 Stat Con –

Construction vs Interpretation:

1. Interpretation - intrinsic aids or found inside the statue itself (law is ambiguous, and
ascertained

intent within the law)

 2. Construction - extrinsic or found outside the written language of law (for laws that are
ambiguous

and cannot ascertain the intent of the laware open for construction)

When it is necessary to interpret and construct?

1. ambiguity, doubtfulness and obscurity

2. reasonable minds disagree as to the meaning of the language used

Ambiguity meaning

"Ambiguity is not only per word of the statute but also from the general scope and meaning of

the statute"

"There is also ambiguity when the words are clear, but the consequences are unjust and

unreasonable or conflicting with the consti

Traditional Concept of Judicial Power arises only from the necessity to settle controversies and

rights

New Definition of Judicial Power - includes the power to monitor abuse of discretion due to
excess or lack of jurisdiction on any branch of the government.

Governing Rules for Judicial Power:

1. Law is clear - no need to interpret

2. In case of doubt - presume that the legislature intended right and justice

3. need for construct interpret? - according to the meaning the intent of legislature

4. When to possible interpretation - one that the congress desired

5. Laws of pleading practice and procedures are liberally construed (for speedy and
inexpensive trial)

6. Judge cannot decline to render judgment if there is obscurity, silence and

insufficiency of law
(except for CRIM LAW)