Chapter 3

Parts of Statutes and Their Enactment

Statutes are the laws of a state enacted by the legislature.

Most legislative proposals are drafted in the forms of bills and must approved by both
chamber and signed by the President.
In cases of presidential veto, just like the other process, procedural requirements must
also be complied with.

PART OF A STATUTE:
A. Title
This refers to the heading on the preliminary part, with the name by which the
act is known, giving a general statement and calls attention to the subject matter
of the act.

PART OF A STATUTE:
B. Preamble
States the reasons for its enactment and the objects sought to be
accomplished.
Example:
We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society, and establish a Government that
shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.

PART OF A STATUTE:
C. Enacting clause
It is the part that indicates the authority promulgated the enactment. “Be
enacted” is the usual phrase used to start this part of the statute.
Example:
“Be it enacted by the Philippine Senate and House of Representatives of
the Republic of the Philippines in Congress assembled.”
PART OF A STATUTE:
D. Body
The main part of the statute consisting its subject matter.

As a general rule, the body of the statute is divided into articles, titles,
chapters and section; there is however no constitutional provision requiring
such divisions.

Example:

ARTICLE III: BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without

due process of law, nor shall any person be denied the equal protection of
the laws.

PART OF A STATUTE:

E. Repealing Clause
Refers to the clause which announces the legislative intent to terminate or
revoke another statute or statutes.
Example:
Sec 16. Repealing Clause. - All laws or parts of any law inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.

PART OF A STATUTE:
F. Saving Clause
It restricts a repealing act, which is intended to save rights, powers, pending
proceedings and the likes which would result from an unrestricted repeal.

Example:
If this Agreement or any portion thereof shall be invalidated on any ground
by any court of competent jurisdiction, the Company shall nevertheless
indemnify the Indemnitee to the full extent permitted by any applicable
portion of this Agreement that shall not have been invalidated or by any
other applicable law.
 What is Proviso?

Is a clause added to an enactment for the purpose of acting as a restraint

upon or as a qualification of, the generality of the language which it follows.

Commonly found at the end of a section, provision, and introduced by

the following:
1. Provided
2. but nothing herein
But the use of “provided” does not necessarily make the provision a proviso.
(Bautista v. Fule G.R. No. L-1577)

PART OF A STATUTE:

E. Separability Clause
Provides that in the event that for any reason, one or any section or
provision of the statute is invalid or unconstitutional, the remaining provisions
shall still be in force and will not be affected thereby.

Example:

Separability Clause. - If any provision of this Act is held invalid, the other
provisions not affected thereby shall continue in operation.

PART OF A STATUTE:

H. Effectivity Clause

Announces the effective date of the law.

Article 2. Laws shall take effect after fifteen days following the completion of
their publication in the Official Gazette, unless it is otherwise provided.

This Code shall take effect one year after such publication.
 The Enrolled Bill Theory

An enrolled bill is a copy of the bill passed and prepared for the signature of the
Presiding Officers of both houses and the President 5 It is an attestation that the bill
has passed the two houses.
Art VI, Section 26 of the 1987 constitution provides: (2) 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, except when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency. 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.

Veto Power of the President

SECTION 27.
(1) Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same, he shall sign it; otherwise,
he shall veto it and return the same with his objections to the House where it
originated, which shall enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds 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
two-thirds of all the Members of that House, it shall become a law. In all such
cases, the votes of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered in its Journal. The
President shall communicate his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof; otherwise, it shall become a
law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items
to which he does not object.
In cases of Municipal or City and Provincial ordinances:
✓ It is passed by majority vote of council members thereafter submitted to the
mayor (in cases of Municipality or city).

✓ If such is enacted for ten (10 days, the ordinance is now considered passed.

✓ In cases of provinces, it must be acted upon by the Governor. Thus, if there is an

inaction for fifteen (15 days), such ordinance is considered as passed.

✓ In cases of vetoed ordinance, it may be passed by a vote of 2/3 of council

members and subject to review by Sangguniang Bayan or
Panglunsod/Sangguniang Panlalawigan.

✓ If there is no action in thirty (30) days, ordinance will be presumed consistent

with laws and considered valid.

Statutes which should be strictly construed:

1. Penal statutes - Those which define crimes, treat of their nature, and provide for
their punishment, which must be strictly construed against the State and liberally in
favor of the accused (People v. Subido G.R. No. L-21734 September 5, 1975)

2. Statutes in derogation of rights - The police power of the state may be invoked in
this kind of statute.
Thus, Legislature may enact laws curtailing or restricting rights of the people if
they are in derogation of common or general rights.
2.1. Statutes authorizing expropriations
2.2. Statutes imposing taxes and custom duties
2.3 Statutory grounds for removing officials

3. Statutes granting privileges - It is said that grants creating special privileges or

monopolies for the grantees should strictly comply with the provisions “privilegia
recipient largam interpretationem voluntati consonam concedentis.” (Privileges are to
be interpreted in accordance to the will of him who grants them)
3.1 Legislative grants to local government units
3.2 Naturalization laws
3.3 Statutes granting tax exemptions

4. Statutes prescribing formalities of will - shall be construed strictly due to the

nature of the subject.

5. Statutes authorizing suits against the government - Sec. 3 Art. XVI of the 1987
Constitution provides that the State may not be sued without its consent.

6. Exceptions and provisos - settled is the rule that exceptions and provisos restrict
the enactment of the statutes.
Statutes that should liberally construed:

1. General social legislation

These are statutes enacted to implement the social justice and protection
to labor under the provisions of the Constitution.

2. Grant of power to local governments

Self-government is being encouraged to full autonomy.

3. Statutes prescribing prescriptive period to collect taxes

In consonance with the life-blood theory, that taxes are the lifeblood of the
government.

4. Statutes imposing penalties for nonpayment of taxes

Design to festinate payments of taxes and punish tax evaders.
5. Election laws

To vouch safe the will of the electorate in choosing their representatives.

6. Amnesty proclamations
Statutes are liberally construed to encourage the return to the fold of law
those who previously violated provisions of the law.

7. Statutes prescribing prescriptions of crimes

It is in the nature of amnesty and should be liberally construed in favorable

to the accused.

8. Adoption statutes

Must be construed liberally favorable to the child adopted.

9. Veteran and pension laws

Since Veterans laws are expression of gratitude to and recognition of those
who rendered service to the country, statutes must be liberally construed.
(Ginete v. Arcange G.R No. L-28358)

10. Rules of Court

Must be liberally construed because of being procedural in nature.

Illustrative case:

SIMEON G. DEL ROSARIO, petitioner, vs. UBALDO CARBONELL, JAIME N.

FERRER, LINO PATAJO and CESAR MILAFLOR, respondents G.R. No. L-32476
October 20, 1970

Facts:
This petition for declaratory relief was filed Pursuant to Sec. 19 of R.A. No. 6132,
praying that the said R.A. be declared unconstitutional.
It was filed by petitioner Simeon G. del Rosario against the National Treasurer,
Chairman and members of the Commission on Elections, praying that the entire R.A.
No. 6132 be declared unconstitutional.
The Solicitor General filed his answer to the petition on behalf of respondents.
Issue:
Whether or not R.A. No. 6132 is unconstitutional because for the petitioners, it
embraces more than one subject, thus violative of paragraph 1, Sec. 21 of Art. VI of
the Constitution, simply because it failed to include the phrase "TO PROPOSE
AMENDMENTS TO THE CONSTITUTION OF THE PHILIPPINES. “
Held:
The power to propose amendments to the fundamental law of the land is implicit
in the call for the convention itself.
Thus, the requirement that only one subject shall be embraced in the bill which shall
be expressed in the title thereof was not violated.
More so, it is not required that the title of the bill be an index to the body of the
act or be comprehensive enough in matters of details and information. It is enough that
it indicates the general subject and reasonably covers all the provisions of the act so
as not to mislead Congress or the people. All the details provided for in R.A. No.
6132 are germane to and are comprehended by its title.