MODULE 2 - STATUTORY CONSTRUCTION

Constitution, kinds 1987 consti is written, conventional, rigid.

THE CONSTITUTION of
Written - single document that is a product of
Subjects of 1. Constitution (page 105) deliberate effort to lay down the fundamental
Constitution principles in accordance to which the gov’t is
2. Statutes and their IRR
organized.
3. Ordinances
Unwritten - consist of customs, judicial
4. Resolutions decisions, few legislative enactments of a
5. Presidential decrees fundamental character.
6. Issuances
7. Department circulars Cumulative - origin from customs, common
law and judicial decisions as a product of
evolution and growth/
Constitution defined ● System of fundamental laws for Conventional - enacted by a consti
governance and administration of a convention or royal proclamation
(page 101) nation.
Flexible - no more legal force and authority
● It is supreme and rigid but can be
as it may be amended at any time
altered by the authority which it Rigid - consti stands over and above other
emanates. laws and hard to amend.
● Supreme law in which all other laws
must conform. STATUTE
● Suprema lex
● Organic Defined, ● Written will of the legislature expressed
according to forms necessary to
Constitutional ● If an act of the legislative or executive (page 107) constitute laws.
Supremacy transgress the constitution, that law or ● Express the will of the people acting
act shall be NULL and VOID. through representatives.
(page 102) ● The constitution is deemed written in
every contract or statute.(MPH v GSIS) STATUTE LAW
- Broader, including judicial
interpretation and application.
Principle of Alter ● Allows the executive department to
Ego or doctrine of perform executive and admin functions
qualified political CLASSIFICATION OF STATUTE
of the Exec. like they were his own.
agency ● (X) apply to acts required by the consti
to act in person or the situation Public statute Concerns interests of the public at large as to
(page 103) the orderly determination of relationships but
demands that he/she acts personally.
(page 107) is not necessarily universal in application and
may be classified into general, special or
local
Consti vs. Statute ● CONSTI - work of the people in their
original, sovereign and limited capacity, General - operates equally to all persons of
(page 103) work of creator, limits exercise of the same category
legislative authority and prescribes the Special - Operates as a portion of a class
orbit within which it must move and (X) as a whole class
● STATUTE - work of the legislature in its Local - Particular locality vs. Whole territory.
derivative and subordinate capacity,
work of creature Private statute Is temporary in operation, limited in scope
and applicable to only one or few persons
Common parts of 1. Liberty - prescribes civil and fundamental (page 108) especially enumerated by name of a person,
civil and political rights of citizens that limit political subdivision or classes of persons
(page 103) the power of government and secure affected in a special manner.
enjoyment of such rights.
- Protects against abuse of AUTHORITY TO 1. Congress
governmental power, whether it be LEGISLATE 2. HoR
Police power, eminent domain or 3. People (initiative and referendum)
power of taxation. (page 109)

2. Government - sets up a framework of
government so that it may not abuse its
exercise of its functions and avoid
concentrating authority under one branch that
shall cause detriment to society.
Legislative: can enact laws, may not enforce /
apply them
Legislative power Authority to make laws, alter and repeal
(page 109) them.
Vested in Congress of PH. Consists of
Senate and House Rep, except to the extent
reserved to the people by the provision on
initiative and referendum.

Executive: enforce laws,may not enact/apply
them
Judicial: apply laws, may not enact/enforce
them
3. Sovereignty - prescribes the procedure to
amend the consti that indicates how the
consti may be amended by Congress (by ¾
vote), Con-Con (by ⅔ vote). As such it shall
be validated when ratified by majority of votes
cast in plebiscite held not earlier than 60 days
nor later than 90 days.
Authority to enact legislation that may
interfere with personal liberty or property in
order to foster common good.
Basis No specific consti grant but inborn to
sovereignty and statehood.
Scope POLICE POWER
● Vested with police power that has the
authority to enact legislation that may
interfere or restrain personal liberty or
property done to promote general
welfare.
● Boundless. It does not need to be
 MODULE 2 - STATUTORY CONSTRUCTION
expressed or defined in scope as it
adapts to the change of times and is
co-extensive with self preservation and
survival of the state as public welfare
has transcended human fore-sight. It
cannot be delimited beforehand.
CONSTITUTIONAL ● Consti (x) define but limit the scope of
LIMITATIONS ON police power in accordance to the
LEGISLATIVE protection of due process and and the
POWER equal protection clause
● Consti prohibits absolute power of the
(page 111) legislative (and other branches) in order
to protect the state from anarchy.
Due Process of Law ● The state can deprive life, liberty and
& property PROVIDED, there is due
Equal Protection process of law and even if classified by
groups, it provides everyone with equal
protection, afforded by the equal
protection clause.
Equal protection ● Guarantees equality of rights and not
clause identity of rights.
(page 112) IDENTITY OF RIGHTS
People form different associations if groups
to which they agree on a certain particularity.
EQUAL PROTECTION OF LAWS
● (X) a guarantee of equal
application of laws
● (X) a mean of indiscriminate
operation on persons
● (✓) on persons according to their
circumstance around them
● (✓) classification. A law is not
invalid because of inequality.
The Constitution does not require things that
are different be treated in law as if they are
the same.
Example:
(✓)violence against women and children vs.
strength of man
(X) on statute criminalizing women prosti (vs.
man)
When to use Equal ● When it provides a valid classification
protection clause . that is reasonable,
Valid classification ● Based on substantial distinctions that is
requisites germane to the purpose of law
● Not limited to existing conditions only
but also future conditions and
● Applies equally to each member of the
class.
● Equality before the law under the
constitution
Equal protection ● Against undue favor
Clause is AGAINST: ● individual class OR class privilege
● Hostile discrimination
● Oppression of inequality
The due process 1. Promotes reasonableness of
clause legislation enacted in pursuance of
police power and is sufficient in
(page 117) foundation in connection with the
matter involved.
2. It should not be that the branch of
government had used power in an
arbitrary oppressive, and capricious
manner.
● Test of standard = Reason and
legislation must be grounded in
public interest and welfare
● Test of reasonableness of a law
= appropriateness of adequacy of
the means adopted to carry out its
effect.
Legislative power, Congress alone can make laws and may not
non delegability, delegate its law-making power.
Rationale:
(page 118) (1) Doctrine of Separation of Power
(2) Concept of Due Process of law that
precludes transfer of regulatory
functions to private persons
(3) Delegata potestas non potest
delegari
Exceptions 1. Delegation to the People.
a. Referendum and initiative
(page 119) 2. Delegation to the President
a. tariff powers and emergency
powers
3. Delegation to Local government
4. Delegation to Administrative bodies
TO THE PEOPLE
Initiative and ● Initiative - people directly propose
referendum amendments upon 12% vote of all
registered voters and 3% from
(page 119) each legislative district, subject to
ratification by the majority cast in
plebiscite and subject to an
enabling law.
LIMITATION: After 5 years ; once every 5
years
● Referendum - Power of the
electorate to approve or reject
legislation through election
REFERENDUM ON STATUTES
- Petition to approve or reject an act
or law or any of its part passed by
CONGRESS. (page 121)
REFERENDUM ON LOCAL LAW
- Approve or reject a resolution or
ordinance enacted by regional
assemblies and local administrative
bodies
TO THE LOCAL GOVERNMENT
Local legislation - Legislate ONLY on purely local
matters as sanctioned by
(Sangguniang immemorial practice.
Panlalawigan, Brgy, - It is sufficient that the statute
lungsod) indicate the subject matter of which
the local law-making agency can
(page 122) legislate.
- Must not violate existing law.
- Power of Subordinate legislation.
only able to legislate by virtue of a
valid delegation of legislative power
EXCEPT: (conferred by the Consti)
the power to create their own
sources of revenue and levy taxes
An enactment merely local in origin cannot
prevail against the decree which has the
force and effect of statute. Otherwise, it open
the gate to violations in national laws in the
guise of implementing them.
TO THE PRESIDENT
Emergency powers Emergency - sudden intensifying of the
degree of existing danger to life beyond
(page 123) normal conditions. (intensity, variety and
perception)
Congress may - Includes: rebellion, economic
authorize the crises, epidemic, calamity and
President other catastrophes of nationwide
side effects
● Rule by executive fiat
2 limitations:
 MODULE 2 - STATUTORY CONSTRUCTION
(1) Can only be for a limited period (if
no limit, until withdrawn by
Congress, to which the power shall
cease upon the next adjournment)
(2) Subject to the restriction as
Congress may provide.
Conditions:
- There must be a war or emergency
- Delegation must be for limited
period
- Subject to restriction of Congress
- Emergency powers must be
exercised to carry out a national
policy declared by Congress.
Tax legislation - Pres may fix within specific limits,a
nd subject to such limitations and
(page 126) restrictions, 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
TO ADMINISTRATIVE BODIES
Legislation by Rationale:
administrative - Increasing complexity of
bodies government tasks and growing
inability of the legislature to cope
(page 126) directly with the myriad problems
demanding attention.
- The growth of society has created
peculiar problems that the
legislature cannot be expected to
comprehend. As such,
specialization has become
necessary.
Legislators may not be competent to provide
direct and efficacious solutions as such, it
expects its delegates, who are supposed
experts in the field assigned to them.
- Congress assigns to the executive
branch the necessity of making
necessary managerial decisions in
conformity with those standards. It
embodies them in a statute and
needs no implementing rules. (Civil
Code, RPC, etc) page 128
Doctrine of - Allows the administrative agencies
subordinate the authority to issue rules and
legislation forms of carry out general provisions of a
statute
(page 128) - Delegation is permissible, unless it
amounts to total abdication or
Discussion: surrender of powers.
Rationale:
Congress stating Authority to make implementing rules and
“Here's a law that regulations to carry out express legislative
prescribes health purpose or effect operation and enforcement
protocols, we of a law is not a power exclusively legislative
delegate to DOH” in character but rather administrative in
nature.
TEST OF VALIDITY
1. COMPLETENESS TEST
- Law is complete in itself,
setting forth in it the policy to
be executed, carried out, or
implemented by a delegate.
- Only thing to be done is to
enforce it.
● Fill up details by Supplementary
rule making.
- Fix details on execution and
enforcement of the policy set
out in the law.
Or
● Ascertain facts by Contingent
rule-making.
- Ascertain facts necessary to
bring into actual operation
- Regulation should be
germane to the purpose of
the law that the regulation
not be in contradiction to the
standards prescribed by law.
2. SUFFICIENCY TEST
- Fixes a standard that limits
which are sufficiently
determinate to which a
delegate must conform in the
performance of his functions.
- Forms adequate guidelines
or limitations in law, mapping
out the boundaries of the
delegate’s authority to
prevent it from running riot.
- Circumstance where the
legislative command is to be
effectuated.
FORMS OF SUBORDINATE LEGISLATION
● Implementing rules and regulations
● Exec orders
● Circulars
● Resolutions (Page 134)
Implementing rules - Have the force of law and entitled to
and regulations, respect as it partakes the nature of a
nature of statute.
- Legislature arrogates judicial power into
(Page 134) itself as it exercises its discretion to
approve and disapprove implementing
rules and regulations based on
determination of whether they conform
to the provision of the law.
Implementing rules 1. Promulgation be authorised by
and regulations, test Congress
of validity - Necessity of publication
and dissemination in
(Page 136) accordance to the
procedure prescribed in
the resolution itself.
- Takes effect on the 7th
day after its publication
in 2 newspapers of
general circulation in the
country prior to the date
of effectivity.
- Can't be enforced the
date prior to effectivity or
when it was not yet
existent.
2. Within the scope of authority given
by Congress
- Admin bodies have (X)
authority or license to
extend, expand, or add
anything to the law it
seeks to implement.
- Should always be
accorded to it and not
supplant or override the
law.
3. Promulgated in accordance with
the prescribed procedure and
reasonableness.
- Must be reasonable
Implementing rules Must be published in full if their purpose is to
and regulations, enforce or implement existing law pursuant to
effectivity a valid delegation.
(Page 143)
Promulgation vs. ● Promulgating rules - concerns the
Publication protection and enforcement of
Consti rights, pleading, practice
and procedure in all courts.
● Promulgating judgments - delivery
of the decision to the clerk of court
 MODULE 2 - STATUTORY CONSTRUCTION

for filing and publication. First reading Reading of number and title of the measure
PROMULGATION (Page 156) and its referral by the Senate President
- Used in context in which it is
generally understood. Second reading Most important stage;
(Page 156) - Bill is read in its entirety,
Implementing rules Described in terms of Impeachment scrutinised, debated upon the
and regulations, - General rule: No vested right may amended when desired
retroactive attach to or rise from procedural - Distributed three days before its
application laws. reading
- Procedural in nature, it may be
(Page 146) applied retroactively without Third reading Merely register their votes and explain them if
violating the constitution or any (Page 156) allowed by the rules.
right of a person who may feel he No further debate is allowed
is adversely affected.
- Impeachment protects people as a
The conference Consists of members nominated by BOTH
body of politic and not to punish the
committee HOUSES.
offender.
● Third body of - A mechanism to compromise
legislature differences between Senate and
CONSTITUTIONALLY PROHIBITED LAWS (Page 158) the House ino the passage of a bill
into law
Ex post facto law Retroactive effect that makes the criminal act - May include provisions not found in
defined done before the passage of the law. either version and may even come
up with an entirely different version
(Page 147) Exception. Can be applied if it is favorable to or occasionally produce
the accused unexpected results beyond its
mandate as nothing in the Rules
Example. In applying the ex post facto law - limites it to consider conflicting
lowers the sentence to 3 years (Robin provision
Padilla; Illegal Possession of Firearms)
Doctrine of enrolled The bill as passed by the legislature,
Bill of Attainder Legislative acts that inflicts punishment Bill authenticated by the Speaker and Senate
(Page 151) without judicial trials. If the punishment is ess President and approved by the president is
than death the act is termed bill of pains and (Page 159) known as an enrolled bill
penalties - Under the principle of enrolled bill,
- Exceptions the test of the act as passed and
a. Not in the nature of a approved as deemed importing
penalty but mere absolute verity and is binding on
precautionary measure the courts.
against using the vehicle
itself to escape due Bill, approval or Final step is submission to the president for
sanctions disapproval approval. Once approved, it takes effect as
(Page 162) law after publication
Irrepealable law It is basic precept that among the implied A bill passed by the legislature becomes a
(Page 152) substantive limitations on legislative powers law in either of three ways:
is the prohibition against passage of a. When the president signs it
irrepealable laws b. When the president does not sign it
- No irrepealable laws just as there nor communicate his or her veto of
are no irreplaceable constitutions the bill within 30 days of receipt
c. When the legislature by ⅔ vote of
Deprives succeeding legislature of the all its members, each House voting
fundamental best senses carte blanche in separately. Repasses the vetoed
creating laws appropriate to the operative bill or overrated the presidential
milieu veto.
- Distracts future legislature on how
to not repeal the law. PARTS OF A STATUTE

HOW A BILL BECOMES A LAW Title Heading or introductory

(Page 163) - Recites its purpose or nature, or
Introduction Introduced by a member of the HOR or the subject to which it relates
(Page 153) Senate except some measures that must One Title One - One title one subject rule:
originate only in the lower house. Subject Rule 1. Prevent hodge podge or
log rolling
Bill defined; draft of a proposed statute 2. Prevent surprise or fraud
submitted to the legislature for enactment upon the legislature by
means of provision in
A bill originating in the LOWER HOUSE may bills of which the titles
undergo extensive changes in the Senate gave no information and
resulting in the rewrite of the entire bill which might therefore be
- Senate can propose amendments overlooked and
that rewrites the entire bill or carelessly and
substitute it with an entirely unintentionally adopted
separate and distinct bill 3. Fairly apprise the people,
through publication of
Passage of bill, No bill passed by either HOUSE becomes a legislative proceedings
constitutional law unless it has passed three reading on as is usually made of the
requirements separate days and its printed copies in its subjects of legislation
(Page 155) final form have been distributed to its that are being
members three days before its passage considered, in order that
EXCEPT, when the president certifies to the they may have
necessity of its immediate enactment to meet opportunity of being
a public calamity or emergency. heard on it by petition or
 MODULE 2 - STATUTORY CONSTRUCTION

otherwise if they shall so (Page 180) effect:

desire. - 15 days following competition of
publication in the Official Gazette
Preamble Explanatory of the reason for its enactment or in a newspaper of general
(Page 168) and the objects sought to be accomplished circulation unless it is otherwise
provided.
- Purpose of publication is to give
Enacting clause Part that declares its enactment and serves
the general public adequate notice
(Page 169) to identify it as an act of legislation
of laws regulating their actions and
proceeding from the property legislative
conduct as citizens hence it cannot
authority
be dispensed with as a
requirement for its validity and
Body Principal portion enforceability otherwise it violates
(Page 170) What the law is all about due process.

Short Title Abbreviated Left the hands of legislature when it takes

(Page 170) effects

Declaration policy State Policy is written POST ENACTMENT LEGISLATIVE MEASURES

(Page 171)
Power of oversight, The power of oversight embraces all activities
Declaration of Constitutional principle defined undertaken by the legislature to enhance its
principles (Page 183) understanding of and influence over
(Page 171) implementation of legislation is enacted.

Definition section Legislature defines, in certain complicated
(Page 172) statutes, words, or phrases used in the law
that varies from how dictionaries define them
- Not mandatory
Administrative Identifies the administrative body that
section (Page 173) enforces the law
- Legislature may impose conditions
or limitations which the executive
branch is bound to observe
Standards of Enumerated and defines what conduct to do
Conduct and avoid to comply with the intent and spirit
(Page 174) of the law
- Enumerates prohibited acts and
transactions of any public official
and employee and declares them
unlawful
Void for vagueness doctrine defined
- Which either forbids or requires
doing of an act in terms so vague
that men of common intelligence
mst necessarily gues at its
meaning and differ as to its
application and violates first
essential of due process of law
Penalty Clause Imposes sanctions
(Page 176)
Transitory Specifies how to treat cases under the old
provisions law still pendings at the time an amendatory
(Page 176) law takes effect
- Construed liberally in favor of the
accused
Separability clause Is that part that states if any provision of the
(Page 177) act is declared invalid, the remainder is not
affected by it.
- Creates presumption that
legislature intended separability
rather than complete nullity of the
statute.
Legislative 1. Scrutiny - implies lesser intensity and
oversight functions, continuity of attention to administrative
categorised operations. Primary purpose is to
determine economy and efficiency of
(Page 184) operation of government activities
2. Investigation - involves a more
intense digging of facts, but is
constitutionally recognized
3. Supervision - most encompassing
form by which the legislature exercises
its oversight power is through
legislative supervision that connotes
continuing and informed awareness on
the part of a congressional committee
about executive operations in a given
administrative area. .
Power of oversight, Integral to checks and balances inherent in a
Constitutionality of democratic system of goenremtn., it may in
(Page 186) fact even enhance separation of powers a sit
prevent over accumulation of power in the
executive branch
- Thus any post-enactment
legislative measure should be
limited to scrutiny and investigation
VALIDITY OF A STATUTE
Constitutionality of Every statute is presumed valid.
a statue, Presumed legislature intended to enact a
presumption of valid, sensible and just law on that operates
(Page 188) no further than may be necessary to
effectuate the specific purpose of law.
- Indulged in favour of
constitutionality
- To justify nullification of law or its
implementation, there must be
clear and unequivocal breach of
constitution
Void for vagueness When it lacks comprehensible standards that
rule men of common intelligence must necessarily
(Page 190) guess at its meaning and differ its application

Repealing clause Express or implied; Hows and whys

(Page 179) - The question of whether a ★ Test to know whether a criminal
particular law has been repealed statute is void for uncertainty is
by a subsequent law is matter of whether is language conveys
legislative intent sufficiently definite warning as to
A declaration in a statute, usually in its proscribed conduct when
repealing clause, that a particular and measured by common
specific law, identified by its number or little, understanding and practice
is express repeal, all others are implied - Words of a statute are interpreted
repeals. in their natural, plain and ordinary
acceptation and significance unless
it is evident the legislature intended
Effectivity clause Provides for the time when the law takes
 MODULE 2 - STATUTORY CONSTRUCTION

a technical or special legal - Parties to the suit; no one else is

meaning to those words bound. .

Void for vagueness; Has special application only to free speech Partial invalidity, The valid portion, if separable from the invalid
when applicable cases. effects may stand and be enforced.
(Page 193) - Theory is that when statutes (Page 203) Separability clause
regulate or proscribe speech and - Creates presumption the
no readily apparent construction legislature intended separability,
suggests itself as a vehicle for rather than complete nillity of the
rehabilitating the statutes in a statute
single prosecution. - Exceptions: when parts of a statute
- The doctrine cannot be invoked are so mutually dependents and
where assailed statute is clear and connected.
free from ambiguity. The - Warrant a belief of the legislature
vagueness doctrine merely intended them as a whole, the
requires a reasonable degree of nullity of one part will vitiate the
certainty for the statute to be rest.
upheld - not absolute precision or
mathematical exactitude ORDINANCE
- It would be impossible to provide
all details in advance as in all other
Defined (Page 205) It is a rule established by authority, a
statutes.
permanent rule of action, a law or statute.
Common meaning: the term designates
Unconstitutionality There are two views; orthodox view and enactments of the legislative body of a
of statute, effect of modern view municipal corporation
(Page 196) - Equivalent of a municipal statue
- Ordinances commonly govern
Orthodox view -Mere scrap of paper zoning, building, safety matter of
(Page 196) - Void front he very beginning and municipality
cannot be the source of power or - Municipal order: law or rule
authority enacted or adopted by a municipal
- Stricken from the statute books and corporation for the proper conduct
considered never to have existed of its affairs or the government of ts
at all inhabitants
-
Not always the case. Validity of an Enjoy presumption of validity
ordinance, - Courts must exercise highest
- May be valid in its general import presumption (Page degree of circumspection when
but invalid when applied to certain 206) called upon to strike down an
factual situations ordinance
- Burden assailant of the law to
- An otherwise valid law may be held prove its invalidity beyond
unconstitutional when it vitiates reasonable doubt or it commands
contractually vested rights. clear constitutional infraction
Retroactive application may be - Decent respect due to wisdom, the
invalid. integrity, and the patriotism of the
legislative body by which any law is
passed to presume in favour of its
Doctrine of May not necessary obliterate all effect and validity.
operative fact consequences of a void act prior to such An ordinance incompatible with the law is
(Page 197) declaration ultra vires and hence null and void
- Deprived the law of its quality and
(Exception to the fairness and justice then, if there Presumption of When invalidity or unreasonableness appears
Orthodox view be no recognition of what had validity, when on the face of the ordinance or is established
-Atty. Guji) transpired prior to such overcome (Page by property evidence
adjudication 208) - On it face invalidity - when the
court need not make any fact
Scope of doctrine of For the operative fact doctrine to apply, there based appraisal to conclude that as
operative fact must be a legislative or executive a matter of law, the ordinances
(Page 200) measure.meaning a law or executive hasd to be struck down.
issuance that is invalidated by the court. Invalidity by proper evidence - proof showing
- Such acts and consequences must unreasonableness
be recognized in the higher interest
of justice equity and fairness Validity of For an ordinance to be valid must comply
- Also covers executive order, ordinance, test for with formal test and substantive test
municipal ordinance suffering from (Page 210)
constitutional infirmity
Format test Determines whether the ordinance was
Executive act Not confined to orders, rules and regulations (Page 211) enacted within corporates power of the the
issued by Pres. or exec branch that have local government unit, and whether it was
fixed definitions and meaning in the passed in accordance with the procedure
administrative code and jurisprudence prescribed by law

Modern view Less stringent Substantive test Involves inherent merit; like conformity of
(Page 202) - Does not annul or repeal the (Page 211) ordinance to constitutional and statutory
statute if it finds it in conflict with limitations as well as the requirements of
the constitution fairness and reason and its consistency with
- Simply refuses to recognize it and public policy.
determines the rights of the parties
just as if such statute had no
existence
 MODULE 2 - STATUTORY CONSTRUCTION

RESOLUTION his capacity as commander in chief

Defined Formal expression of the opinion or will of an
(Page 219) official body or public assembly, adopted by
vote as a legislative resolution.
Concurrent Does not require approval of the president; is
Resolution an action of congress passed in the form of a
(Page 220) resolution of one house, the other concurring
which express the sense of congress on a
particular subject
Joint Resolution Requires approval of the president; adopted
(Page 220) by both houses of congress. When such a
resolution has been approved by the
president or passed with his approval, it has
the effect of law/
of the philippines.
Presidential Presidential issuances of a public nature or of
issuances effectivity general applicability must be published
(Page 229) except those which apply only to particular
person or class of persons such as
administrative and executive orders, as they
are presumed to have been circulated to all
concerned.
Presidential issuances creates rights and
obligations affecting the public at large, as
implementing rules certainly do, then
publication is mandatory

Resolution, The SC exercises its powers of judicial

Justiciability review involving validity of resolution
(Page 221) - Just as it voided two sections of the
Rules of Procedure in
Impeachment proceedings
approved by the HOR for being
unconstitutional, and as a result
barred second impeachment.

PRESIDENTIAL DECREES AND ISSUANCES

Effectiveness All laws, decrees, executive orders,

(Page 222) proclamations, letters of instruction and other
executive issuances not inconsistent with the
1987 Constitution remain operative until
amended, repealed or revoked.
- Are unquestionably valid because
there is no law repealing them.

Ordinance power of He has inherent ordinance powers covering

the president the executive branch as part of the power of
(Page 222) executive control
- Does not require or entail
delegation from the legislature
- Does not involve discretion as to
what the law shall be, but merely
authority to fix details in execution
or enforcement of policy set out in
the law itself.
- The executive is bereft of any right
to alter either by subtraction or
addition the standards set in the
law for it has no power to make
laws.

Scope of (Page 225) These issuances have the force and effect of
a law.
- Executive orders: providing rules
- Administrative orders:
promulgate presidential acts that
relate to particular aspect of
governmental operations in
pursuance of his duties. Enables
the president to fix uniform
standard of administrative
efficiency and check official
conduct of his agents
- Proclamations: promulgate 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.
- Memorandum order: temporary
interest which only concern
particular officers or office
- Memorandum circulars: internal
administration
- General or special orders -
provides standards for
implementation; the president
issues general or special orders in