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CHAPTER ONE: Statutes IN GENERAL Laws, generally A whole body or system of law Rule of conduct formulated and made

obligatory by legitimate power of the state Includes RA, PD, EO (president in the ex of legislativepower), Presidential issuances (ordinance power)Jurisprudence, ordinances passed by sanggunians oflocal government units. Statutes, generally An act of legislature (Philippine Commission, Phil. Legislature, Batasang Pambansa, Congress) PDs of Marcos during the period of martial law 1973 Constitution EO of Aquino revolutionary period Freedom Constitution Public affects the public at large general applies to the whole state andoperates throughout the state alike upon allpeople or all of a class. Special relates to particular person or thingsof a class or to a particular community,individual or thing. Local Law operation is confined to aspecific place or locality (e.g municipalordinance) Private applies only to a specific person or subject. Permanent and temporary statutes Permanent - one whose operation is not limited in duration but continues until repealed. Temporary - duration is for a limited period of timefixed in the statute itself or whose life ceases upon thehappening of an event. oE.g. statute answering to an emergency Other classes of statutes Prospective or retroactive accdg. to application Declaratory, urative, mandatory, directory, substantive, remedial, penal accdg. to operation According to form oAffirmative oNegative

Manner of referring to statutes Public Acts Phil Commission and Phil Legislature 1901- 1935 Commonwealth Acts 1936- 1946 Republic Acts Congress 1946- 1972, 1987 ~ Batas Pambansa Batasang Pambansa Identification of laws serial number and/or title ENACTMENT OF STATUTES Legislative power, generally Power to make, alter and repeal laws Vested in congress 1987 Constitution President 1973 & Freedom (PD and EO respectively) Sangguniang barangay, bayan,panglungsod,panlalawigan only within respective jurisdiction ordinances Administrative or executive officer Delegated power Issue rules and regulations to implement a specific law Congress legislative power The determination of the legislative policy and itsformulation and promulgation as a defined and bindingrule of conduct. Legislative power - plenary except only to such limitations as are found in the constitution Procedural requirements, generally Provided in the constitution (for Bills, RA) Provided by congress enactment of laws Rules ofboth houses of congress (provided also by the Constitution) Passage of bill Proposed legislative measure introduced by a member of congress for enactment into law Shall embrace only one subject which shall be expressed in the title Singed by authors File with the Secretary of the House

Bills may originate from either lower or upper House Exclusive to lower house Appropriation Revenue/ tariff bills Bills authorizing increase of public debt Bills of local application Private bills After 3 readings, approval of either house(see Art 6 Sec 26 (1)) Secretary reports the bill for first reading First reading reading the number and title, referral to the appropriate committee for study and recommendation Committee hold public hearings andsubmits report and recommendation for calendar for second reading Second reading bill is read in full (with amendmentsproposed by the committee) unless copies aredistributedand such reading is dispensed with o Bill will be subject to debates, motions and amendments oBill will be voted on oA bill approved shall be included in the calendar of bills for 3rd reading Third reading bill approved on 2nd reading will be submitted for final vote by yeas and nays, Bill approved on the 3rd reading will be transmitted to the Other House for concurrence (same process as the first passage) oIf the Other House approves without amendment it is passed to the President oIf the Other House introduces amendments,and disagreement arises, differences will besettled by the Conference Committees of bothhouses oReport and recommendation of the 2Conference Committees will have to beapproved by both houses in order to beconsidered pass President o Approves and signs o Vetoes (within 30 days after receipt) o Inaction

If the President vetoes send back to the House where it originated with recommendation o2/3 of all members approves, it will be sent to the other house for approval o2/3 of the other house approves it shall become a law oIf president did not act on the bill with in 30 days after receipt, bill becomes a law Summary : 3 ways of how a bill becomes a law. President signs inaction of president with in 30 days after receipt vetoed bill is repassed by congress by 2/3 votes of all its members, each house voting separately. Appropriations and revenue bills , Same as procedure for the enactment of ordinary bills Only difference is that they can only originate from theLower House but the Senate may propose/ concur withthe amendments Limitations of passage (as per Constitution) Art 6 Sec. 27 (2) o congress may not increase the appropriation recommended by the President XXX o particular appropriation limited o procedure for Congress is the same to allother department/ agencies (procedure for approving appropriations ) o special appropriations national treasurer/ revenue proposal o no transfer of appropriations xxx authority to augment o discretionary funds for public purposes o general appropriations bills when re-enacted o President my veto any particular item/s in an appropriation revenue, or tariff bill. Authentication of bills Before passed to the President Indispensable By signing of Speaker and Senate President Unimpeachability of legislative journals Journal of proceedings

Conclusive with respect to other matters that are required by the Constitution Disputable with respect to all other matters By reason of public policy, authenticity of laws shouldrest upon public memorials of the most permanentcharacter Should be public Enrolled bill Bills passed by congress authenticated by the Speakerand the Senate President and approved by the President Importing absolute verity and is binding on the courts oIt carries on its face a solemn assurance that itwas passed by the assembly by the legislativeand executive departments. Courts cannot go behind the enrolled act to discover what really happened oIf only for respect to the legislative and executive departments Thus, if there has been any mistake in the printing ofthe bill before it was certified by the officer of theassembly and approved by the Chief Executive, theremedy is by amendment by enacting a curativelegislation not by judicial decree. Enrolled bill and legislative journals - Conclusive upon the courts If there is discrepancy between enrolled bill and journal, enrolled bill prevails. Withdrawal of authentication, effect of Speaker and Senate President may withdraw if there isdiscrepancy between the text of the bill as deliberatedand the enrolled bill. Effect: oNullifies the bill as enrolled oLosses absolute verity oCourts may consult journals PARTS OF STATUTES Title of statute Mandatory law - Every bill passed by Congress shallembrace only one subject which shall be expressed inthe title thereof (Art 6, Sec 26 (1) 1987 Constitution) 2 limitations upon legislation o To refrain from conglomeration, under one statute, of heterogeneous subjects

o Title of the bill should be couched in alanguage sufficient to notify the legislatorsand the public and those concerned of theimport of the single subject. Purposes of requirement (on 1 subject) Principal purpose: to apprise the legislators of the object, nature, and scope of the provision of the bill and to prevent the enactment into law of matters which have not received the notice, action and study of the legislators. O To prohibit duplicity in legislation In sum of the purpose o To prevent hodgepodge/ log-rolling legislation o To prevent surprise or fraud upon the legislature o To fairly apprise the people, through publication of the subjects of the legislation o Used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose; may clarify doubt or ambiguity. How requirement construed Liberally construed If there is doubt, it should be resolved against the doubt and in favor of the constitutionality of the statute When there is compliance with requirement Comprehensive enough - Include general object If all parts of the law are related, and are germane to the subject matter expressed in the title Title is valid where it indicates in broad but clearterms, the nature, scope and consequences of the lawand its operations Title should not be a catalogue or index of the bill Principles apply to titles of amendatory acts. oEnough if it states an act to amend a specific statute Need not state the precise nature of the amendatory act. US Legislators have titles ending with the wordsandfor other purposes ( US is not subject to the sameConstitutional restriction as that embodied in thePhilippine Constitution) When requirement not applicable Apply only to bills which may thereafter be enacted

into law Does not apply to laws in force and existing at the time the 1935 Constitution took effect. No application to municipal or city ordinances. Effect of insufficiency of title Statute is null and void Where, the subject matter of a statute is notsufficiently expressed in its title, only so much of thesubject matter as is not expressed therein is void,leaving the rest in force, unless the invalid provisionsare inseparable from the others, in which case thenullity the former vitiates the latter Enacting clause Written immediately after the title States the authority by which the act is enacted #1 - Phil Commission By authority of the Presidentof the US, be it enacted by the US PhilippineCommission #2 - Philippine Legislature- by authority of the US, be it enacted by the Philippine Legislature #3 - When #2 became bicameral: Be it enacted by theSenate and House of Representatives of the Philippinesin legislature assembled and by authority of the same #4 - Commonwealth- Be it enacted by the National Assembly of the Philippines #5 when #4 became bicameral: be it enacted by theSenate and House of Representatives in congressassembled same 1946-1972/1987-present. #6 Batasang Pambansa: Be it enacted by the Batasang Pambansa in session assembled #7 PD NOW THEREFORE, I______ President ofthe Philippines, by the powers vested in me by theConstitution do hereby decree as follows #8 EO Now, therefore, I,____ hereby order Preamble Defined prefatory statement or explanation or afinding of facts, reciting the purpose, reason, oroccasion for making the law to which it is prefixed Found after enacting clause and before the body of the law. Usually not used by legislations because content of the preamble is written in the explanatory note. But PDs and EOs have preambles. Purview of statute

that part which tells what the law is about body of statute should embrace only one subjectshould only one subject matter, even there provisionsshould be allied and germane to the subject andpurpose of the bill. Statue is usually divided into section. w/c contains a single proposition. Parts oshort title opolicy section odefinition section o administrative section osections prescribing standards of conduct osections imposing sanctions for violation of its provisions otransitory provision oseparability clause oeffectivity clause Separability clause it states that 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 thewhole statute where what is left, after the void part, isnot complete and workable Presumption statute is effective as a whole